Issues
The Medium Density Residential Zone (MRZ) provides predominantly for medium density residential development in urban areas with few constraints and that are within easy walking distance to public open space and commercial centres. Over the foreseeable future, while traditional single residential unit properties will likely remain a dominant feature within the Medium Density Residential Zone, the zone is anticipated to provide for a greater range of housing choices and improved affordability, with an increasing prevalence of housing typologies such as low-rise apartments, walk-ups, terrace housing, semi-detached housing and detached townhouses on smaller sections.
While it is recognised that more intensive residential development has the potential to generate adverse effects on established residential environments, it can and should be well designed so that the layout and scale of housing complements established neighbourhoods. However, care has been taken not to set development controls at such a level that the feasibility of development may be unduly compromised.
It is expected that any changes to existing amenity levels resulting from further residential intensification will be gradual. Such changes will be off-set by advantages gained from increased neighbourhood activity and vitality, better population support for commercial centres, an emphasis on good quality urban design, a greater range of housing options, better utilisation of existing public facilities and infrastructure, and reduced urban sprawl.
Commercial activities are discouraged in the Medium Density Residential Zone. However, some opportunities are provided for non-residential activities such as community activities, visitor accommodation and retail activities, while ensuring that residential amenity and character are not compromised and that the activity is sympathetic to the surrounding residential context.
Objectives
MRZ-O1Density
Subdivision and development are consistent with the planned medium density built environment and are compatible with the amenity levels of medium density residential development.
MRZ-O2Housing Capacity
Increase housing capacity, intensity and variety.
MRZ-O3Amenity
Subdivision and development provide quality residential amenity for residents, adjoining sites and the street while acknowledging the potential for reduced on-site amenity due to increased building scale and density.
MRZ-O4Non-Residential Activities
Residential activities remain the dominant activity in the Medium Density Residential Zone and any non-residential activities are compatible with residential amenity.
Policies
MRZ-P1Residential Activities
To recognise and provide for the diverse accommodation needs of the community by:
Allowing for decreased outdoor living space and landscaping provided that public open space is conveniently accessible.
Enabling a variety of medium density housing types including apartments, terrace housing, semi-detached townhouses, compact detached townhouses and multi unit developments.
MRZ-P2On-Site Amenity
To require residential activities to achieve good levels of on-site amenity by providing:
Useable outdoor living courts.
Sufficient access to sunlight throughout the year.
Adequate space to accommodate typical residential living requirements.
MRZ-P3Outdoor Living Courts
To provide for development that infringes minimum outdoor living court and sunlight access requirements where the development is designed to minimise impacts on on-site amenity, including through access to:
Communal outdoor living space; or
Public open space that is conveniently accessible and of sufficient size.
MRZ-P4Adjacent Properties
To mitigate adverse amenity effects on adjacent properties by sensitively designing development to:
Manage the intrusion of privacy and the extent of building dominance on adjoining residential units and areas of outdoor amenity.
Minimise the degree of overshadowing or obstruction of sunlight penetration to any adjoining site or residential unit.
MRZ-P5Residential Amenity and Character
To manage adverse effects on residential amenity and character by requiring new developments to have regard to the way the development:
Provides street activation through connection between front doors and the street.
Provides landscaping and planting that enhances on-site and local residential amenity, with particular regard to site frontage.
Minimises large monotonous building facades and walls that do not include design variation or are not broken down into smaller elements.
Relates to neighbouring properties by employing setbacks, sensitive building orientation and design, and landscaping to mitigate dominance and privacy impacts.
Provides an active interface to Open Space and Recreation Zones on to which it fronts.
Is sympathetic to other buildings in the vicinity, having regard to bulk, scale and symmetry.
MRZ-P6Impervious Areas
To restrict impervious areas within sites in order to:
Manage stormwater runoff.
Maintain and enhance amenity values.
Safeguard esplanade areas and waterfront walkways.
MRZ-P7Supported Residential Care and Retirement Villages
To enable a range of appropriate residential activities by providing for supported residential care and retirement villages where they are designed, located and managed to:
Provide a high level of amenity for residents.
Ensure any adverse effects on surrounding Residential Zones and Open Space and Recreation Zones are minimised.
Maintain the residential character of the surrounding environment.
Avoid, remedy or mitigate any adverse effects on infrastructure, including the transport network.
MRZ-P8Non-Residential Activities
To only enable non-residential activities where they:
Will not detract from the vitality and viability of Business Zones.
Are complementary in design, scale, nature and intensity to the residential context.
Avoid, remedy or mitigate adverse effects on residential amenity values such as noise, traffic, parking, lighting, glare and visual impact.
MRZ-P9Comprehensive Design
To encourage subdivision and land use proposals to be undertaken concurrently as part of a comprehensive design process.
MRZ-P10Subdivision
To promote design and layout of subdivision which achieves the following:
Lots are shaped and sized to allow adequate sunlight to living and outdoor spaces, and to provide appropriate on-site amenity and privacy.
Where possible, lots are located so that they over-look and front roads and open spaces.
Rear sites are limited.
A permeable street network where the use of cul-de-sacs is limited.
Pedestrian and vehicular connections within a development, and between developments and the public realm, are maximised.
Opportunities for connections to public open space, services and facilities in the neighbourhood are identified and created.
Rules
MRZ-R1Any Activity Not Otherwise Listed in This Chapter
Activity Status: Permitted
Where:
Resource consent is not required under any rule of the District Plan.
The activity is not prohibited under any rule of the District Plan.
MRZ-R2Minor Buildings
Activity Status: Permitted
Note:
Minor buildings are exempt from rules MRZ-R3 – R5 and R8.
MRZ-R3Building and Major Structure Height
Activity Status: Permitted
Where:
The maximum building height and major structure height is 11m above ground level, except that 50% of a building's roof in elevation, measured vertically from the junction between wall and roof, may exceed this height by 1m where the entire roof slopes 15 degrees or more.
Activity Status when compliance not achieved: Restricted Discretionary
Matter of discretion:
Effects on amenity of adjoining sites.
The extent to which visual dominance effects are minimised.
MRZ-R4Building and Major Structure Setbacks
Activity Status: Permitted
Where:
All buildings and major structures are set back at least:
2m from road boundaries.
1m from side and rear boundaries.
20m from Mean High Water Springs or the top of the bank of any river that has a width exceeding 3m (excluding bridges, culverts and fences).
Except that:
Non-habitable major structures and buildings, and non-habitable rooms of buildings, may be set back 0m for a maximum length of 7.5m on a single side or rear boundary and a maximum total length of 10.5m on all side and rear boundaries, provided they are setback at least 2m from habitable rooms on any other site.
Activity Status when compliance not achieved with MRZ-R4.1(a) – (b) or MRZ-R4.2: Restricted Discretionary
Matters of discretion:
The outlook and privacy of adjoining and adjacent properties.
Effects of shading and visual dominance on adjoining properties.
Impacts on the amenity of any adjacent public walkway.
Where MRZ-R4.1(a) is infringed, the effects on the:
Streetscape character anticipated within the Medium Density Residential Zone.
Safety and efficiency of the adjacent transport network
Activity Status when compliance not achieved with MRZ-R4.1(c): Restricted Discretionary
Matters of discretion:
The effectiveness of the proposed method for controlling stormwater runoff.
That the proposal will maintain and enhance the amenity values of the area.
That esplanade areas and waterfront walkways are appropriately safeguarded.
The potential to establish an esplanade reserve.
MRZ-R5Building and Major Structure Height in Relation to Boundary
Activity Status: Permitted
Where:
All buildings and major structures do not exceed a height equal to 3m above ground level plus the shortest horizontal distance between that part of the building or major structure and any side or rear boundary, except any boundary:
That is adjoining a business zone; or
That is adjoining an Open Space and Recreation Zone where the Open Space and Recreation Zone site is:
Greater than 2,000m2; and
Greater than 20m in width when measured perpendicular to the point where the measurement of MRZ-R5.1 is taken from.
Except that, any parts of the buildings or major structures that are within 20m of the site frontage may exceed the maximum height in relation to boundary in MRZ-R5.1, provided they:
Do not exceed a height of 3.6m above ground level where they are 1m or less from side and rear boundaries adjoining the Medium Density Residential Zone; and
Thereafter, are set back 0.3m for every additional metre in height (73.3 degrees) up to 6.9m and then 1m for every additional metre in height (45 degrees).
Compliance Standards:
Measurements for MRZ-R5.1 – 2 can be taken from the furthest boundary when adjoining an access lot.
Up to two gable ends, dormers or portions of a roof may exceed the height in relation to boundary plane on each site boundary where each portion exceeding the height in relation to boundary is no greater than:
1.5m2 in area; and
1m in height; and
2.5m in length.
When measured in accordance with Figure MRZ 3.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
The outlook and privacy of adjoining and adjacent properties.
Effects of shading and visual dominance on adjoining and adjacent properties.
Effects on sunlight access to outdoor areas and habitable rooms on adjoining sites.
MRZ-R6Outdoor Living Court
Activity Status: Permitted
Where:
Every residential unit:
With one or more habitable rooms at ground floor level provides an outdoor living court of which at least 20m2 has a minimum depth of 4m.
With all habitable rooms above ground floor with 1 bedroom provides an outdoor living court of which at least 4m2 has a minimum depth of 1.5m.
With all habitable rooms above ground floor, with 2 or more bedrooms provides an outdoor living court of which at least 8m2 has a minimum depth of 1.8m.
The outdoor living court is able to receive direct sunlight for at least 5 hours on the winter solstice over at least 50% of the minimum space required under MRZ-R6.1.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
Appropriate privacy and amenity of the occupants on-site.
Sufficient sunlight access to outdoor areas and habitable rooms within the site.
The proximity of the site to communal or public open space that has the potential to mitigate any lack of private outdoor living space.
Notification:
Any restricted discretionary activity under MRZ-R6 shall not require the written consent of affected persons and shall not be notified or limited-notified unless Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.
MRZ-R7Impervious Areas
Activity Status: Permitted
Where:
The impervious area within the site does not exceed 65% of the net site area.
The impervious area is set back at least 5m from Mean High Water Springs and the top of the bank of any river that has a width exceeding 3m (excluding bridges, culverts and fences).
Activity Status when compliance not achieved: Restricted Discretionary
Matters of Discretion:
The extent to which the increased impervious area will affect the ability to control stormwater runoff from the site.
The extent to which the additional impervious area will affect amenity values.
The extent to which the additional impervious area will affect existing or future esplanade areas, waterfront areas or waterfront walkways.
MRZ-R8Building and Major Structure Coverage
Activity Status: Permitted
Where:
The maximum cumulative building and major structure coverage is 45% of the net site area.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
The scale and bulk of buildings and major structures in relation to the site and the existing built density of the locality.
The outlook and privacy of adjoining and adjacent properties.
Visual dominance of buildings and major structures.
MRZ-R9Fences
Activity Status: Permitted
Where:
The fence has a maximum height of 2m above ground level.
Fencing within 3m of a road boundary, except any state highway, is at least 50% visually permeable for any portion above 1m high.
Fencing along a boundary shared with Open Space and Recreation Zone is at least 50% visually permeable for any portion above 1.5m high.
The fence is not fortified with barbed wire, broken glass or any form of electrification.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
The extent to which privacy is provided for residential units, while enabling opportunities for passive surveillance of public places.
The extent to which shading and visual dominance effects to immediate neighbours and the street are minimised.
Health and safety effects.
MRZ-R10Car Parking
Activity Status: Permitted
Where:
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
Traffic safety effects in relation to site ingress and egress.
Effects on pedestrian and cyclist safety and navigability.
Effects on streetscape character and amenity.
MRZ-R11Outdoor Areas of Storage or Stockpiles
Activity Status: Permitted
Where:
The outdoor area of storage or stockpile:
Complies with rules MRZ-R3.
Complies with rules MRZ-R4 – R5 and R8.
Is screened from view from adjacent public places and surrounding sites, except for construction materials to be used on-site for a maximum period of 12 months within each 10-year period from 26 August 2021.
Activity Status when compliance with MRZ-R11.1(b) – (c) not achieved: Restricted Discretionary
Matters of discretion:
Effects in relation to dust and odour.
Visual amenity effects.
The matters of discretion in MRZ-R4 – R5 and R8.
Activity Status when compliance with MRZ-R11.1(a) not achieved: Discretionary
MRZ-R12Supported Residential Care
Activity Status: Permitted
Where:
The activity generates less than 25 traffic movements per site, per day.
Activity Status when compliance not achieved: Discretionary
MRZ-R13Retirement Village
Activity Status: Permitted
Where:
The activity generates less than 25 traffic movements per site, per day.
Activity Status when compliance not achieved: Discretionary
MRZ-R14Residential Unit
Activity Status: Permitted
Where:
The maximum density is 2 residential units per site, except where a multi unit development is proposed under MRZ-R20.
Every residential unit provides a net floor area of at least:
35m2 for residential units with only one habitable room.
45m2 for residential units with more than one habitable room.
Every residential unit provides a living area with a window that faces to the north (between 270 degrees and 90 degrees as shown in Figure MRZ 5).
There is a separation distance of at least 6m from any window in a habitable room to a window of a habitable room in a separate residential unit (excluding any ancillary minor residential unit) where there is a direct line of sight between the windows.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
The design, size and layout of buildings to provide appropriate privacy and amenity for occupants on-site.
Notification:
Any restricted discretionary activity under MRZ-R14.2 – 3 shall not require the written consent of affected persons and shall not be notified or limited-notified unless Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.
MRZ-R15Retail Activity
Activity Status: Permitted
Where:
The activity is an ancillary activity to a residential unit on the site.
The principal operator of the activity is a permanent resident on the site.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The activity generates less than 20 traffic movements per site, per day, per site.
There is no car parking between the residential unit and the road.
In addition to the principal operator, the activity has no more than two other persons engaged in providing the activity.
The activity does not exceed the use of 15% of the total gross floor area of all buildings on the site.
The total area of signage is less than 0.25m2, per site.
There is no illuminated or moving signage.
Each visitor accommodation unit provides an outdoor living court of at least 6m2 and at least 1.8m depth.
Activity Status when compliance with up to two of the rules MRZ-R15 – R19.4 – 10 is not achieved: Discretionary
Activity Status when compliance with more than two of the rules is not achieved or when compliance with any of rules MRZ-R15 – R19.1 – 3 is not achieved: Non-Complying
MRZ-R16Commercial Services
Activity Status: Permitted
Where:
The activity is an ancillary activity to a residential unit on the site.
The principal operator of the activity is a permanent resident on the site.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The activity generates less than 20 traffic movements per site, per day, per site.
There is no car parking between the residential unit and the road.
In addition to the principal operator, the activity has no more than two other persons engaged in providing the activity.
The activity does not exceed the use of 15% of the total gross floor area of all buildings on the site.
The total area of signage is less than 0.25m2, per site.
There is no illuminated or moving signage.
Each visitor accommodation unit provides an outdoor living court of at least 6m2 and at least 1.8m depth.
Activity Status when compliance with up to two of the rules MRZ-R15 – R19.4 – 10 is not achieved: Discretionary
Activity Status when compliance with more than two of the rules is not achieved or when compliance with any of rules MRZ-R15 – R19.1 – 3 is not achieved: Non-Complying
MRZ-R17Food and Beverage Activity
Activity Status: Permitted
Where:
The activity is an ancillary activity to a residential unit on the site.
The principal operator of the activity is a permanent resident on the site.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The activity generates less than 20 traffic movements per site, per day, per site.
There is no car parking between the residential unit and the road.
In addition to the principal operator, the activity has no more than two other persons engaged in providing the activity.
The activity does not exceed the use of 15% of the total gross floor area of all buildings on the site.
The total area of signage is less than 0.25m2, per site.
There is no illuminated or moving signage.
Each visitor accommodation unit provides an outdoor living court of at least 6m2 and at least 1.8m depth.
Activity Status when compliance with up to two of the rules MRZ-R15 – R19.4 – 10 is not achieved: Discretionary
Activity Status when compliance with more than two of the rules is not achieved or when compliance with any of rules MRZ-R15 – R19.1 – 3 is not achieved: Non-Complying
MRZ-R18Care Centre
Activity Status: Permitted
Where:
The activity is an ancillary activity to a residential unit on the site.
The principal operator of the activity is a permanent resident on the site.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The activity generates less than 20 traffic movements per site, per day, per site.
There is no car parking between the residential unit and the road.
In addition to the principal operator, the activity has no more than two other persons engaged in providing the activity.
The activity does not exceed the use of 15% of the total gross floor area of all buildings on the site.
The total area of signage is less than 0.25m2, per site.
There is no illuminated or moving signage.
Each visitor accommodation unit provides an outdoor living court of at least 6m2 and at least 1.8m depth.
Activity Status when compliance with up to two of the rules MRZ-R15 – R19.4 – 10 is not achieved: Discretionary
Activity Status when compliance with more than two of the rules is not achieved or when compliance with any of rules MRZ-R15 – R19.1 – 3 is not achieved: Non-Complying
MRZ-R19Visitor Accommodation
Activity Status: Permitted
Where:
The activity is an ancillary activity to a residential unit on the site.
The principal operator of the activity is a permanent resident on the site.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The activity generates less than 20 traffic movements per site, per day, per site.
There is no car parking between the residential unit and the road.
In addition to the principal operator, the activity has no more than two other persons engaged in providing the activity.
The activity does not exceed the use of 15% of the total gross floor area of all buildings on the site.
The total area of signage is less than 0.25m2, per site.
There is no illuminated or moving signage.
Each visitor accommodation unit provides an outdoor living court of at least 6m2 and at least 1.8m depth.
Activity Status when compliance with up to two of the rules MRZ-R15 – R19.4 – 10 is not achieved: Discretionary
Activity Status when compliance with more than two of the rules is not achieved or when compliance with any of rules MRZ-R15 – R19.1 – 3 is not achieved: Non-Complying
MRZ-R20Multi Unit Development
Activity Status: Restricted Discretionary
Where:
The activity complies with Rules MRZ-R3 – R8 and R14.
Matters of discretion:
Appropriate privacy and amenity of the occupants on-site and that of adjoining sites.
Sufficient sunlight access to outdoor living space and habitable rooms within the site.
The proximity of the site to communal or public open space that has the potential to mitigate any lack of private outdoor living space.
Building bulk, scale and symmetry.
Capacity and availability of infrastructure, including the affected transport network.
Notification:
Any restricted discretionary activity under MRZ-R20 shall not require the written consent of affected persons and shall not be notified or limited-notified unless Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.
Notes:
Any application shall comply with information requirement rule MRZ-REQ1.
MRZ-R14.1 does not apply where a multi unit development is proposed under MRZ-R20.
Activity Status when compliance not achieved: Restricted Discretionary
Matters of discretion:
The matters of discretion listed in MRZ-R20.
The matters of discretion listed in Rules MRZ-R3 – R8 and R14 where those rules are infringed.
The extent to which the activity is consistent with the purpose, character and amenity values anticipated within the Medium Density Residential Zone.
The ability for the site to accommodate incidental activities anticipated within the Medium Residential Zone such as parking (if it is to be provided), manoeuvring, waste collection and landscaping.
The availability and accessibility of open space, public amenities and commercial activities in proximity to service the proposed development.
Road access and effects on the affected transport network, including availability of public and active transport options for the proposed development.
Note:
Any application shall comply with information requirement rule MRZ-REQ1
MRZ-R21Place of Assembly
Activity Status: Discretionary
Where:
The activity is a primary activity or ancillary activity.
MRZ-R22Emergency Services
Activity Status: Discretionary
Where:
The activity is a primary activity or ancillary activity.
MRZ-R23Educational Facilities
Activity Status: Discretionary
Where:
The activity is a primary activity or ancillary activity.
MRZ-R24Entertainment Facilities
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R25Service Stations
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R26Funeral Home
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R27Recreational Facilities
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R28Hospital
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R29General Commercial
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R30General Community
Activity Status: Non-Complying
Where:
The activity is a primary activity or ancillary activity.
MRZ-R31Rural Production Activity
Activity Status: Prohibited
Where:
The activity is a primary activity or ancillary activity.
MRZ-R32Industrial Activities
Activity Status: Prohibited
Where:
The activity is a primary activity or ancillary activity.
Information Requirement Rules
MRZ-REQ1Urban Design and Density
All applications for resource consent pursuant to MRZ-R20 shall include an urban design assessment prepared by a suitably qualified and experienced professional which details:
An analysis of the site in relation to its context, including:
The key characteristics of the local area including the character and scale of surrounding development including any cultural relationships or historic heritage features and clearly recording any matters which particularly contribute to the character of the area, or that detract from the area.
The landform and topography of the site and surrounding environment.
The ecology and habitat of the site and surrounding environment.
Access to public and active transport infrastructure.
An assessment of how the proposal contributes to the planned medium density environment of the area, complements the established neighbourhood and is consistent with best practice urban design, including:
Effects on the character of the area and neighbourhood, residential amenity and pedestrian and vehicular movements.
The relationship of the proposed development to public places and how the proposal responds to any issues or characteristics identified in the site analysis.
Any proposed measures to avoid or mitigate adverse effects on adjacent public places and residential sites.
Any proposed measures to incorporate Māori design elements.
Any proposed measures to facilitate active and public transport.
Any consultation undertaken as part of any pre-application meetings with Council and any mitigation measures that were recommended by Council.
Any consultation undertaken with mana whenua and a summary of the results of that consultation.
Note:
Acceptable means of compliance and best practice urban design guidance is contained within Whangārei District Council’s Urban Design Guidelines.
Issues
The Western Hills Drive Precinct enable small-scale commercial services to operate within a portion of the Medium Density Residential Zone on Western Hills Drive. The precinct recognises the environment is suitable for small-scale commercial services.
Objectives
PREC2-O1Appropriate Activities
Enable small-scale commercial services which are compatible with the amenity of the surrounding environment.
Policies
PREC2-P1Commercial Services
To enable the establishment and operation of commercial service activities.
PREC2-P2Character and Amenity
To maintain and enhance amenity by:
Providing landscaping on boundaries that adjoin Residential Zones and Open Space and Recreation Zones.
Limiting the hours of operation.
Rules
PREC2-R1Commercial Services
Activity Status: Permitted
The activity is a primary activity or ancillary activity.
All site boundaries which are adjoining a Residential Zone or Open Space and Recreation Zone are planted with trees or shrubs to a minimum height of 1.8m above ground level and a minimum depth of 1m, except within 5m or a road boundary where the maximum height is 1.2m above ground level.
The activity does not include, before 08:00 or after 18:00 on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles.
The maximum gross floor area of the activity is 200m2.
Activity Status when compliance not achieved: Discretionary