Zoning

Guide to zoning | Residential activity zones | Changes to Residential 1 and 2 zone controls including a demolition on pre-1940s buildings | Business activity zones | Open space and recreation activity zones | Special purpose activity zones

Changes to Residential 1 and 2 zones controls including a demolition on pre-1940's buildings

Plan change 163

Plan change 163 introduced changes to the provisions of the Residential 1 and 2 zones. These zones are intended to protect and enhance the qualities of certain residential areas. Plan change 163 was developed in response to concerns by residents that the outcomes that were occurring under the operative rules were not protecting the special character that exists. Prior to the plan change any building could be demolished as a permitted activity, excluding scheduled buildings and buildings in conservation areas. Amongst other amendments, the plan change requires a restricted discretionary resource consent to demolish a pre-1940's building in Residential 1 and 2 zones (excluding accessory buildings, like garages).

The Residential 1 zone protects the historical form and pattern of subdivision, buildings and streetscapes in residential neighbourhoods established in the late 1800s and early 1900s such as Ponsonby and Parnell.

The Residential 2 zone protects the qualities of areas characterised by a blend of built and landscape features. House design and street character in this zone are typically that of the Edwardian villa suburb, and the interwar bungalow suburbs which include "Californian bungalows" and their counterparts reflecting the English cottage revival to varying degrees, within a spacious setting reflecting the garden suburb movement. Streets which exemplify this zone appear as rows of pre-1940 buildings set in an open park-like atmosphere generally with large front yards and often mature landscaping and trees. These areas were established in the early to mid 1900s. The Residential 2 character zones are mainly found in Mt Albert, Herne Bay, Epsom, One Tree Hill, Parnell, Remuera, Kohimarama and St Heliers.

Plan change 163 is subject to appeals.

Residential 1 zone

Environment Court hearing adjourned

Council's position is that the demolition and removal control should continue to apply to all pre-1940's buildings in the Residential 1 zone. Council's position is unchanged from its decision on the plan change on 14 December 2006.

The New Zealand Heavy Haulage Association disagrees.

An Environment Court hearing commenced on 8 November 2010 but was adjourned the following day. The hearing will recommence after an independent survey of the Residential 1 zone is completed by a Court appointed expert.

The survey is concerned with the historical form and pattern of subdivision, buildings and streetscapes in the Residential 1 zone. (There is no proposal to change the extent of the Residential 1 zoning).

In the meantime, the demolition and removal control continues to apply to all pre-1940's buildings in the Residential 1 zone (excluding accessory buildings).

Residential 2 zone

Overview

Council, in conjunction with parties to the Plan Change 163 appeals, has taken a finer grained approach in the Residential 2 zone.

With the agreement of the other parties, Council has undertaken work to select which pre-1940s buildings should continue to be subject to the demolition and removal control, and which pre-1940s buildings could be made exempt from the demolition and removal control.

Summary of submissions to s293 process (draft demolition and removal control maps for Residential 2 zone)

Council was authorised by the Environment Court to notify maps proposing which properties in the Residential 2 zone should continue to be subject to the demolition and removal control.

Properties were evaluated against the assessment criteria approved by the Environment Court. Only buildings (excluding accessory buildings) constructed before 1940 can be subject to the control.

The draft maps were notified in June 2010 and submissions on the draft maps closed in July 2010. Over 200 submissions were received.

Until a final set of maps is approved by the Environment Court, the demolition and removal control continues to apply to all pre-1940's buildings in the Residential 2 zone (excluding accessory buildings).

Summary of submissions

The section 293 submissions on the draft maps have been summarised, and are set out in three different ways:

• View the summary of submissions (includes links to individually numbered and scanned submissions)
• View the document where submissions are organised by map order (509kb PDF)
• View the document where submissions are organised by numerical order (508kb PDF)

Revised maps (September 2010)

The draft demolition and removal control maps in the Residential 2 zone were revised by the Council, following consideration of the submissions to the s293 process. Changes made to individual properties are identified in a table preceding each map.

The maps are colour coded and identify individual addresses. If properties are shaded grey, it means that any building on the property was either built after 1940, or it was built before 1940 but does not have sufficient architectural and streetscape character to justify the demolition and removal control, according to criteria approved by the Environment Court. Council proposes that owners will not need consent to demolish or remove pre-1940s buildings on properties shaded grey.

If a property is shaded green, it means a building on the property was built before 1940 and meets the criteria for the demolition and removal control. Council proposes that owners will continue to need consent to demolish or remove pre 1940s buildings on properties shaded green.

In some instances, a post-1940s house is on a property that is shaded green. This has occurred where the property is subject to a cross lease subdivision and at least one house on the cross lease was constructed prior to 1940 and meets the criteria. Although the green shading indicates the post-1940s house is subject to the demolition and removal resource consent requirement, the post-1940s house is not subject to the control. The final set of maps will contain an explanation to address this scenario.

Until a final set of maps is approved by the Environment Court, the demolition and removal control continues to apply to all pre-1940's buildings in the Residential 2 zone (excluding accessory buildings).

Revised maps (28 April 2011)

These maps have been updated with additional information in the legend. The shading of individual properties is the same as that shown on maps published in September 2010.

Group 1 Kohimarama East (993kb PDF)
Group 1 Kohimarama West (599kb PDF)
Group 2 Otahuhu (273kb PDF)
Group 3 Parnell (345kb PDF)
Group 4 One Tree Hill (425kb PDF)
Group 5 Remuera (469kb PDF)
Group 6 Remuera (595kb PDF)
Group 7 Remuera (798kb PDF)
Group 8 Epsom (407kb PDF)
Group 9 Epsom (593kb PDF)
Group 10 Epsom/One Tree Hill (360kb PDF)
Group 11 Mount Albert (544kb PDF)
Group 12 Mount Roskill/Three Kings (464kb PDF)
Group 13 Herne Bay (262kb PDF)

Until a final set of maps is approved by the Environment Court, the demolition and removal control continues to apply to all pre-1940's buildings in the Residential 2 zone (excluding accessory buildings). Contact us for more information.

How will the maps be finalised?

Council intends to meet with the submitters and section 274 parties who are participating in the process to finalise the draft demolition and removal control for the Residential 2 zone. The Environment Court approved criteria will be applied to determine the pre-1940s buildings Residential 2 zone that will continue to be subject to the demolition and removal control. These meetings will be scheduled once the full extent of all the affected properties and property owners is known.

Friend of the Submitter

In December 2010 the Environment Court appointed an independent planner to assist submitters and section 274 parties on the revised draft maps for the Residential 2 zone. The Friend will continue to be involved in finalising the draft maps where submitters and section 274 parties seek the Friend's assistance. The role of the Friend is explained in the brief approved by the Environment Court.

Friend of the Submitter brief (736kb PDF)

Background information

Heritage expert assessment (237kb PDF) - informed preparation of the new maps in June 2010

Environment Court criteria (25kb PDF) - approved criteria to determine the parts of Residential 2 zone that will have demolition and removal control

June 2010 letter to owners and occupiers (37kb PDF ) - about s293 process and new maps then open for submissions on where the demolition and removal control should apply in the Residential 2 zone

Residential 2 Buildings scheduled for protection (663kb PDF) - regardless of demolition control

2008 letter to owners and occupiers (1046kb PDF) - about non-statutory consultation seeking feedback on where the demolition and removal control should apply in the Residential 2 zone.

To view PDFs download Acrobat Reader from the Adobe website. Further help on how to view PDFs.

Updated September 2011