Landuse Consents

What is a Landuse Consent?


There are several resource consents Auckland developers will need to be aware of and these are provided for under the Resource Management Act (RMA). One of the most common resource consents developers may need is a “landuse consent”. Any person who wants to establish a new business, activity or construct buildings on land will usually require a landuse consent of some type.


The main tool that controls landuse consents in the Auckland Unitary Plan (AUP) is zoning. There are currently 21 different zones in the Auckland Region as shown in the figure below.


Land Use Planning Map


You can find the zoning of your site by visiting the AUP maps via the following link and simply entering your street address:




Land Development Auckland - Development Standards


The zones in the AUP set out the development standards that apply in Auckland to any land development or buildings built in each zone. These can include such things as building height, building setbacks, height in relation to boundary, maximum building coverage, minimum landscaped areas, maximum impervious areas and required outlook spaces to name a few.


Using building height as an example, the below table shows the differing building heights allowed in certain zones.


Zone Building Height Allowed
Single House 8m
Mixed Housing Suburban 8m
Mixed Housing Urban 11m
Terrace Housing and Apartment Zone 16m
Local Centre Zone 16m
Mixed Use Zone 18m
General Business 16.5m
Town Centre Zone 11m – 27m
Metropolitan Centre 72.5m
Light Industry 20m
Heavy Industry 20m

Any person wishing to build a building that exceeded the building height standard of the zone would require a landuse consent to do so. 


The application would need to set out why exceeding the building height standard was consistent with the zone outcomes, and why any effects should be considered acceptable by the Council.


Activity Status


In addition to land development standards, the AUP also controls activities that can occur on any land in Auckland based on the zoning of the site.


In the residential zones for example, construction of up to three dwellings is usually a permitted activity on sites, however if you propose 4 or more dwellings you would require a landuse consent. A range of other activities may also be provided for in a zone but only with a landuse consent. Examples could include dairies, restaurants, rest homes and veterinary clinics.


The business/town centre zones are more liberal in the type of activities that can be undertaken. Dwellings, hotels, entertainment facilities, care centres, educational facilities and churches are likely to be permitted. However, these zones do tend to control the construction of buildings themselves, with the Council focused on ensuring that good quality architecture and urban design outcomes are achieved.


The industrial zones provide for a number of business activities that cause odour, noise and potentially air discharges. Because the zones are seeking to provide for these particular businesses, they do restrict activities that might constrain the operation of industrial activities. For example, residential, retail, garden centres, care centres and any activity that is likely to attract large numbers of people are discouraged.

 

The landuse developers require may range from a permitted activity, which does not need consent, through to a prohibited activity, which is an activity that you cannot apply for consent for.


Other Rules Related To Land Development Auckland Wide


There are a number of other chapters in the AUP that are likely to apply to your land development proposal. Auckland developers will find some common examples below:


  • Earthworks
  • Transport 
  • Tree Removals
  • Flooding
  • Soil Instability
  • Contaminated Land


For any site affected by these standards and rules, you may also require further landuse consents relating to these matters.


The Key to a Successful Application


As can be seen from the above, the AUP is a complex document and there are a range of rules, standards and activity statuses that may apply to the business activity or buildings you intend to progress. The best chance of success is to engage a planning consultant, who can guide you through the process.


Covering Resource Consents Auckland Wide


Urban Planning Consultants has a wide range of experience, covering all chapters of the AUP and can assist you with your project by:


  • Thoroughly reviewing plans to ensure that all consent reasons are identified
  • Providing advice on potential changes to your proposal to improve its chance of gaining consent
  • Thoroughly reading the AUP criteria to highlight the issues that will be in play and to ensure that the necessary technical reports are obtained before lodgement
  • Providing a high-quality Assessment of Effects (AEE) to reduce the amount of information that Council may require and to generally speed up the process for you
  • Engaging with the Council on your behalf and keeping you briefed of progress



We’d love to help you with your resource consenting requirements in Auckland.  Please contact us today using the details below.



Land Use Consents: Frequently Asked Questions

Got a question? We’re here to help.

  • What is the primary purpose of resource consent in Auckland?

    A Landuse Consent is typically required for establishing new businesses, activities, or constructing buildings on land in Auckland.  A landuse consent is required whenever a proposal does not comply with either the activities permitted in the zone (e.g. a café, a service station) or any of the development standards that apply in the zone (e.g. building height or building setbacks).

  • How is the Auckland Unitary Plan (AUP) used to control Landuse Consents?

    The AUP plays a significant role in controlling through zoning. There are 21 different zones in Auckland, each with specific development standards and regulations.  You should also check the Council’s Geomaps viewer as this sets out additional hazards that might apply to a site, such as floodplains, soil instability or places of significant to mana whenua.


    The Unitary Plan Maps can be found here: https://unitaryplanmaps.aucklandcouncil.govt.nz/upviewer/

    The Geomaps viewer can be found here:  https://geomapspublic.aucklandcouncil.govt.nz/viewer/index.html

  • What are some examples of development standards in the AUP that can trigger the need for a Landuse Consent?

     These can include building height, building setbacks, maximum coverage, and minimum landscaped areas in residential zones. For instance, if you plan to exceed the building height standard in your zone, you'll need a Landuse Consent.  In business zones, there will be similar controls, but additional one may include setbacks from residential zones and setbacks from streams.  There are also a number of activities (e.g. café, industrial warehouse) that may require a landuse consent in the zone.

  • What is the recommended approach to navigate the complex AUP rules and Landuse Consent process in Auckland?

    Engaging a planning consultant is highly recommended. They can help identify consent reasons in NZ, offer advice to improve your proposal, ensure compliance with AUP criteria, prepare a high-quality Assessment of Effects (AEE), and liaise with the Council on your behalf to streamline the process.  Urban Planning Consultants offers up to 30 minutes advice free of charge.

  • What are the common factors that might trigger the need for a Landuse Consent in Auckland beyond development standards?

    In addition to development standards, factors like the size of your proposed project, its potential effects on the environment, and its compatibility with the surrounding area can also determine the need for a Landuse Consent.  These rules are found in the “Auckland wide” chapter of the Unitary Plan and cover things such as earthworks, works near streams, controls on impervious areas, discharge permits and transport rules.

  • Are there any unique considerations for Landuse Consents in environmentally sensitive areas in Auckland?

    Yes, in this areas may have stricter regulations. You might need to provide additional reports or assessments to demonstrate the environmental sustainability of your project.  The main overlay that is likely to be encountered is Significant Ecological Areas (SEAs).  These protect native bush or groves of trees in Auckland and limit the amount of development that can occur on a site where an SEA applies.  In such instances, consultation with an ecologist early in the process is highly recommended.

  • What's the process for applying for a land development in Auckland, and what documentation is typically required?

    The process involves submitting a formal application to the local council. Required documentation often includes site plans,  an Assessment of Effects (AEE), and specialist reports such as traffic, infrastructure or flooding reports.

  • What are the potential consequences of not obtaining a required Landuse Consent for a project in Auckland?

    Undertaking a project without the necessary can lead to legal  consequences such as fines, project delays, or even  abatement notices to cease the activity until compliance is achieved.

  • How can Urban Planning Consultants assist with the Landuse Consent process in Auckland, and what sets them apart?

    As highly experienced planning consultants we can provide guidance through all stages of the process, from initial ideas, through to preparing the application and project managing the consent as it works through the Council.  Our focus in on preparing high quality applications, which reduces the number of questions received back from the Council, and overall ensures a smoother process.