Auckland Council District Plan - Operative Waitākere Section 2003 applying the
rules
The following provides a general guideline to applying the rules. More specific
guidelines can be found throughout the plan.
The general approach of this plan is to control the effects of activities, rather
than the activities themselves. There are specific references to activities (for
instance, some retail activities), but generally the plan divides activities into
only two categories:
- 'Residential activities'
- 'Non-residential activities'.
These terms are defined in the plan.
Most rules within the natural areas rules and the human environments rules will
apply to 'any activity' (i.e. a residential activity or a non-residential activity)
- but there are some rules that may apply only to a residential activity or only
to a non-residential activity. The individual rules make it clear which type of
activity the rule relates to (see the 'general' rule at the beginning of most rules
pages).
Step 1
Locate the site on the
natural areas maps and the
human environment maps. Note the natural area which applies, and also any natural
landscape element. Note the human environment which applies, and any heritage, designation
or scheduled site notation. If there is a particular notation on the maps, refer
to the relevant part of the plan containing rules in respect of that notation (see
the main index at the front of the rules section and contents pages within the different
parts of the rules section).
Step 2
Refer to the
roading hierarchy map. Note any requirements that apply to the site or the area
in which the site is located.
Step 3
Check to see whether the site is in a natural hazards area (information is
available from the council). Refer to
the
natural hazards rules if it is.
Step 4
Determine whether the activity is a prohibited activity (see
city-wide rules on prohibited activities). If it is, then the activity is not
permitted and no resource consent application can be made.
Step 5
Determine whether the activity is a subdivision or a "residential activity" or
a "non-residential activity". (refer to the
definitions for meanings of these terms).
Step 6
Check the
relevant rules in the
city-wide rules, the
natural areas rules, and the
human environment rules. The activity must comply with all relevant rules in
order to be permitted as of right.
Step 7
Under each of the relevant rules, the activity proposed will be either a permitted
activity, a controlled activity, a limited discretionary activity, a discretionary
activity or a non-complying activity. A resource consent is required for all activities
other than permitted activities. If, under a particular rule, an activity is a permitted
activity, then there is no need for a resource consent application in terms of that
rule. However the activity may still require a resource consent under another rule.
Refer to the relevant rule page and the
city-wide rules of the plan for guidance on resource consent applications.
Note: Written approval of the landowner, Auckland Council or the Department
of Conservation will be required in relation to any proposed activity in the open
space environment, and including land that is managed by the Auckland Council.
Step 8
Once it has been established that all relevant rules are met, or resource consents
have been granted, and the other requirements of the Plan are also satisfied, then
the activity may proceed.
Note: Approvals under other legislation, e.g. the issuing of a building consent
or a resource consent may be necessary.
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Applying
the Rules PDF 148KB
