Residential zoning in Auckland: ‘What the city needs’ – Council votes to notify housing plan change
Auckland Council has today voted to send a new plan change out to public consultation which will dictate how much intensification can occur across the city and where.
The showdown vote (won 18-5) came after a marathon council hearing with sometime fiery exchanges between supporters of the plan for greater density, and staunch opponents.
RMA Reform Minister Chris Bishop immediately welcomed the decision, saying Aucklanders had faced “years of delay and uncertainty”.
The existing rules are based on the Auckland Unitary Plan (AUP), adopted in 2016, which allows for up to 900,000 homes in Auckland over the next few decades.
Most homes were in a single-house residential zone, generally allowing up to two storeys, with mixed-housing zones and a terraced housing and apartments zone allowing three or more storeys, depending on the location.
“Special character overlays” were permitted. These could be established to protect streets with houses of historic value, or areas at risk from natural hazards like coastal erosion and flooding.
STORY CONTINUES AFTER LIVE BLOG
'Years of delay and uncertainty'
Lane Nichols
Bishop continues: “I expect to set an overall timeframe of around 18 months for the entire plan change process. This will give certainty to Aucklanders after years of delay and uncertainty, but also makes sure the hearings panel has a good chance to do its work and consider the potentially large volumes of submissions.
“There will be opportunities for the public to have their say throughout the plan change process. I encourage Aucklanders to get involved and ensure their views are heard.”
Auckland Council 'final decision-maker', Bishop says
Lane Nichols
“In the new year, I consider it appropriate for the plan change to be heard by an independent panel of experts. A hearings panel would hear from Aucklanders who submit on the plan change, consider views of submitters and make recommendations to the council.
“It is important to note that Auckland Council may choose to accept any hearings panel recommendations, or not. The council is the final decision-maker on the plan change. This differs from previous iterations of density-related plan changes in Wellington and Christchurch, where the minister was the final decision-maker."
Bishop sets out likely timetable for consultation
Lane Nichols
Bishop continues: "Now that the council has voted for a new plan change, the next step is for them to seek my direction on timeframes and process for their replacement plan change, which they must do by 10 October.
"I will then provide direction, setting out the procedural steps and timeframes for the plan change process. Following this direction, the council can publicly notify the replacement plan change for consultation.
"I have previously indicated that I am considering a submission period of 3 November to 19 December, as earlier requested by the council. That gives Aucklanders a clear window to have their say on how and where housing growth should occur."
Bishop welcomes Auckland Council's decision to notify plan change
Lane Nichols
Housing and RMA Reform Minister Chris Bishop has welcomed Auckland Council's decision today to withdraw Plan Change 78 (PC78) and instead proceed with a new replacement plan.
"Auckland now has the opportunity to decide how and where the city grows, with greater flexibility than was the case in PC78," Bishop said.
"PC78 was too 'one-size-fits-all', applying the Medium Density Residential Standards [MDRS] in a blanket way that was rejected by Aucklanders and its council. It also did not allow the city to 'downzone' flood-prone areas.
Parliament has changed the law to let Auckland Council withdraw PC78, provided it is replaced with a new plan that delivers at least the same overall housing capacity and allows for greater density around key stations that benefit from investment in the City Rail Link.
"To improve housing affordability in Auckland we need the city to grow both up and out – and now the council has much more flexibility to decide where and how that growth happens."
Council votes to notify PC120
Lane Nichols
The council has voted 18-5 to discard PC78 and notify PC120.
The minister will be advised and public consultation will begin on November 3, to close on December 19.
The meeting started at 10am, had just one agenda item and has ended at 5pm.
'It's what the city needs to do'
Lane Nichols
Josephine Bartley said that she owns a home because of intensification. She bought a townhouse on a site that used to be a single home, and she knows so many people who have benefited in the same way. "It's what the city needs to do."
Richard Hills, summing up, said people say they opposed PC78, but the voting record doesn't always show that. "People say, 'Where's the infrastructure', but some councillors have voted against the budget for infrastructure.
"I don't know about Theophilos, but I do know about another Theo. My 4-year-old son. I want people like him not to have to move away because it's too expensive to live here. I think we're getting on top of it, but we have to do more."
Councillors thrash out the issues over the future of Auckland housing
Lane Nichols
Mayor and deputy at today's debate
Lane Nichols
Quality – how do we get it?
Lane Nichols
Darby: There's still a big conversation to be had about quality and how we get it.
'Sprawl is bad': Fairey backs plan change
Lane Nichols
Julie Fairey: "I've looked back at the vote and there were several abstentions, but I can't see that anybody voted against."
Fairey presents a long list of things PC120 is better for: Living close means reduced reliance on transport, which has a really good benefit for cost of living. Sprawl is bad for infrastructure costs, for which we have to take on more debt.
"PC120 is better for 'staging'. The overlays [for special character housing and flood zones] help with staging, that's their purpose."
'We don't live in a communist country': Mayor hits back at plan opponents
Lane Nichols
Wayne Brown: "That's the best speech I've heard you make in a long time ... Why are people worried about apartment blocks, when three-storey townhouses are being built in the wrong places now?
"People need a lesson in economics. I live in a big apartment building, and the asking price ranges from $4 million to $430,000. In my last building it was the same. People in some apartments have access to swimming pools, they'd never be able to afford that on their own ...
"There's nothing wrong with developers making money. We don't live in a communist country ... 15 storeys is not going to happen in Howick. A developer would go broke if they tried.
"This is very sensible. Down the main roads, and down the bus routes. In Mt Eden, they've got this big open space and there's nothing there. We want shops, commercial, apartments and this will do it."
Brown complains that the previous council accepted PC78 and "now you're blaming me for not getting a better deal from the Government. Don't blame me".
A chorus of "I voted against it" and "I wasn't here".
'Gutless leadership': Walker unleashes on council at fiery debate
Lane Nichols
Wayne Walker: "We're not pushing back against the Government. I see a situation where land values will go up, there'll be more cars on the street and more people will get out of Auckland because it's becoming a less pleasant place to live ...
"The Government is vulnerable if Auckland stands up to them. The leadership is gutless, in my view. Hopefully we'll get a new council after the election that's a lot better."
Maurice Williamson: "I cannot understand how they came up with two million." Calls it "insane" and says the higher the number, "the more you drive intensification into the suburbs".
"I agree with density where it makes sense." He wants much more of that and not in the suburbs where it doesn't make sense. Williamson is very pleased PC78 is going, but doesn't accept that PC120 avoids the threat to the suburbs.
Mayoral contender supports 'building up', will vote for plan change
Lane Nichols
Kerrin Leoni, who is standing for mayor: "I do support building up rather than sprawl, but we need to match that with resources. Central Government should be providing a 30-year plan for more schools and other infrastructure.
"I believe everyone has the right to be heard ... I support this going through today and look forward to the vigorous feedback in the consultative process."
Daniel Newman says he will vote for this but he is not happy about all of it.
"In my view, there is a lesser alignment between infrastructure and where developers want to go."
'We will be in charge': Deputy mayor says proposal a 'real step forward'
Lane Nichols
Simpson: "I think we will come back after the independent hearing panel and have the chance to accept or reject what they say. We will be in charge."
Simpson argues that this is a real step forward for flood management, getting density where we want it, enabling more affordable housing, and there is good time for good consultation.
Shane Henderson: We've seen the maps: density plans correlate to good infrastructure. And "when we allow more homes to be built, everybody along the housing spectrum benefits".
"Remember, special character areas don't protect heritage. That's done in separate legislation. Special character areas are a council invention to preserve the homes of people who are already privileged.
"We should go to the minister with our vision and our positive energy for the city. Not with the same old politics and negativity."
Fletcher addresses 'elephant in the room'
Lane Nichols
Fletcher: "Where was our leadership [in 2022 when PC78 was adopted] and where is our leadership now? We haven't been served well in negotiations.
"The elephant in the room continues to be this two million [homes]. I for the life of me cannot understand why there is nothing on record about this council pushing back on that.
"Approve this broad plan today and accept the consequences, I would have asked you to do better."
Fletcher's amendment to delay voted down
Lane Nichols
The council has rejected Christine Fletcher's amendment to delay, 15-8.
Mike Lee says he was "reading the other night about the Byzantine emperor Theophilos" who was stopped in the street by a woman who complained a new palace being constructed was blocking her view.
So he had the palace pulled down.
"I think we could learn a lesson from that."
Councillors in thought as the debate rages
Lane Nichols
Council staff at today's showdown hearing
Lane Nichols
Delaying decision could put city 'more at risk'
Lane Nichols
Simpson: "I have a great deal of sympathy for you Cr Fletcher. And if we had known about your amendment yesterday, we might have been able to work out [an agreed way forward]."
(Fletcher tabled her amendment at the meeting and, the Herald has been told, did not approach either the mayor or the committee chair ahead of time about it.)
Simpson says she is also worried that the delay Fletcher seeks will spread the consultation process over Christmas, and that's not desirable.
"Your intention is honourable but in fact we would be putting ourselves more at risk."
'You're accusing them of lying'
Lane Nichols
Mike Lee opposing the new plan change: "That's not about affordability, that's about profits.
"Some privileged people will be facilitated in profiting but property rights will be downgraded."
Assorted councillors at the big meeting today are also speaking.
Julie Fairey says it's not "hearsay" as some have said, what they've been told the minister has said. The mayor and Cr Hills talked with the minister, she points out, and they tell us the minister says he is not going to accept a delay.
"You're accusing them of lying, and that's unacceptable.
"No one is saying, 'Yay yay, I'm so glad we're doing this right now'. And no one says they're happy" with the way it's being done. But this is the reality we have to make work for us.
For those reasons, "I cannot support this, and there's another reason. This will delay flood mitigation and we could have another storm anytime we like. Well, we don't like."
Will Bishop allow further consultation or simply pull the trigger?
Lane Nichols
John Watson argues that it's clear from what RMA Reform Minister Chris Bishop has said that he's in favour or more public consultation and will therefore presumably support an extended process.
"I see nothing in Mr Bishop's written words that are at odds" with Fletcher and Williamson's amendment to delay.
This directly challenges what the mayor said, which is that the minister has made it clear to him if they don't act, he will.
'Be specific': Fletcher interrogated over claims of Wellington talks
Lane Nichols
Fletcher said she's had indications from Wellington that the delay she seeks will be accepted.
Julie Fairey asked her to be specific: what did she ask, of whom, and what did they say?
Fletcher replied that the sense of what she was told is clear.
Councillors at D-day planning meeting
Lane Nichols
Mayor warns that if council doesn't make decision today, the minister will
Lane Nichols
Wayne Brown: "I'm not in favour of this amendment, because it's not adding time, it's taking time away."
It will shorten the whole deliberative consultation process.
"The minister has made it clear if we don't make a decision today, he will."
Fletcher calls for more consultation and for plan change to be publicly notified
Lane Nichols
Now it's Christine Fletcher introducing her amendment. She's looking for "three months of further consultation, community engagement and amendments" and further modelling.
She also wants the new plan change to be "notified" (which means it goes to public consultation) on March 1, 2026, for a three-month consultation period, and then for the independent hearings panel (IHP) to consider the submissions from that period.
Earlier questions to officials suggest this would "probably" reduce the time available to the IHP.
"We have an obligation to the people of Auckland to try and get this corrected.
"Hopefully will be able to resolve any of the outstanding issues."
Mayor backs deputy's amendment
Lane Nichols
Mayor Wayne Brown, supporting Simpson's amendment: To sell in tall buildings, you need parking and commercial activity on the lower levels.
Hills: Simpson's amendment will reduce the capacity a little, but probably not too much. He's happy to incorporate it into the main motion.
Desley Simpson suggests amendment for tower blocks
Lane Nichols
Now the meeting is moving to amendments, the first from Deputy Mayor Desley Simpson.
Simpson is asking for a bit of a setback on high towers. Up to six storeys or so, then the tower is set back, creating a platform for community facilities. Cafes, basketball courts, gardens, it's common overseas.
Doing nothing not an option
Lane Nichols
Speaking about downzoning, Hills said big areas in the west, in the north, in the east and south will go back to two-storey limits. There is no undermining of volcanic viewshafts. Auckland is the only city to be given the option to remove the MDRS 3x3.
"We do not get to decide to do nothing. Doing that will mean we lose the chance to show leadership. We have the potential for bad planning coming at us, such as greenfields projects without parks. We need to be ahead of this."
At the opening of a new apartment block in Waterview last week, there were three-bedroom apartments on sale for $800,000-$900,000. That is significantly cheaper than standalone houses in the same area, Hills said.
New planning rules born from devastating Auckland Anniversary weekend floods
Lane Nichols
Auckland Council is reconvening after a lunch break to debate and vote on housing density zoning. There will be at least two amendments put up. Committee chair Richard Hills is speaking now, to introduce the debate.
Hills is introducing the debate.
Hills: "In January 2023, we had terrible flooding. A significant number of deaths. People being wheeled to safety in wheelie bins. Enormous damage. Six days later, we asked the Government to let us downzone areas at risk of flooding, to mitigate against this happening so badly again. We've asked again and again. It's 971 days later and the proposal before us, finally, allows us to do this."
This is not just about upzoning, but also about that necessary downzoning, Hill said.
"The new plan does upzone in places we want it. It also gives more protection to special character areas all around the city that are not near train stations, arterials and town centres. Most of the suburbs go from three storeys back to two storeys, as they used to be before Plan Change 78."
Lane Nichols
The council will be breaking for lunch soon.
This is a meeting of the policy and planning committee, with Richard Hills in the chair.
Several councillors have asked why the Government is telling it what to do. Hills explained that the new PC120 proposal arises as a result of a unanimous decision by the council in the wake of the 2023 storms.
The council asked the Government to let it downzone parts of the city at risk of natural hazards like flooding and coastal erosion. This was prohibited under PC78.
The Government agreed, but also instructed the council that it could not use this exercise to reduce the future capacity of dwellings in Auckland. That capacity was set at two million in PC78.
Hills said the council was also advised it should focus density around certain train stations, around town centres and along main transport routes. This, in general, conforms to the idea of intensification being done “in the right places”, which has wide support.
PC120 is the outcome of that.
Despite this, two key issues are under dispute in the council meeting today. 1) The Government’s role in instructing the council what it must do. 2) Whether PC120 really does put density “in the right places”.
Desley Simpson asks where special character homes will be lost
Lane Nichols
In relation to Reardon's information, Auckland Deputy Mayor Desley Simpson asks if it's true that 680 of those 730 homes to lose their "special character" status under PC120 are around the Maungawhau and other railway stations.
The council's head planning officer Megan Tyler said: "Yes it is."
Number of homes in special character areas to fall under proposed plans
Lane Nichols
Earlier, the council’s heritage specialist, Noel Reardon, explained that under the Auckland Unitary Plan (AUP), adopted in 2016, there were 21,100 homes in “special character” areas.
These are largely streets with a high proportion of villas, bungalows and cottages from the late 19th century and early 20th century.
Under plan change 78 (PC78) which will replace the AUP unless it is set aside today, that number reduced to 16.090.
Under the proposed new plan change (PC120), another 730 homes will lose that status, bringing the number to 15,357.
This means that under the plan under discussion , it will preserve 73% of the special character areas. Or, if you look at it the other way, it will lose 27% of those areas.
Mike Lee suggest developers pressuring council staff
Lane Nichols
Mike Lee asks how much of this is the result of developers putting pressure on staff to allow high-rise development on the northern slopes of Remuera and other upmarket suburbs?
The council’s chief executive, Phil Wilson, responded: "I don’t think that's what’s happening here. I know of no evidence for it."
'Lost the plot': Fiery meeting under way over Auckland density rules
Lane Nichols
Auckland Council has been quizzing officials about the plan change options for three hours, edging towards their formal debate.
Maurice Williamson is critical of the Government for forcing the council to choose between two options he thinks are both unacceptable.
"The Government, who I’m incredibly critical of, I think they’ve lost the plot completely," he said.
Williamson was a Cabinet minister in a former National-led Government.
"It’s a choice between a firing squad and a lethal injection," he said.
Julie Fairey asked him not to use such violent language and chair Richard Hills agreed it was “inappropriate”.
"It’s a metaphor," said Williamson.
The councillor wants to know why the council is being required to zone for two million homes, when the council expects that in the next 30 years it will need to build perhaps 10% of that.
Council chief planner Megan Tyson has already said capacity has to be larger than required, because the council can't instruct property owners what to do with their property.
Council economist Gary Blick adds that extra capacity should help with housing affordability and greater density around transit stations and town centres should help with economic efficiency and growth. This is an argument RMA Reform Minister Chris Bishop uses often.
Fiery debate set to kick off over housing plans
Lane Nichols
Auckland councillors are due to give speeches on the intensification proposals soon. With division rife among councillors on the best way forward, the meeting is set to be fiery.
STORY CONTINUES
But in 2022, the Labour Government required greater density. The council was instructed to adopt a plan change that set out new “medium density residential standards” (MDRS). These stated that in almost all residential areas, properties could be divided in three, and a three-storey dwelling could be built on each property.
Special character overlays were still permitted.
The council’s plan change 78 (PC78), responding to this and adopting the MDRS, is now the default position. If no other decision is made, it will become law. PC78 allows for a capacity of two million homes.
It also says that no “downsizing” can occur. This means properties at risk of natural hazards cannot be zoned to prevent inappropriate dwellings being built on them.
The new Government has allowed the council to opt out of the MDRS, and to recognise natural hazards, provided it adopts a new plan that retains the same two million capacity.
The Minister of RMA Reform, Chris Bishop, has instructed the council to adopt a new plan that does this, or stick with PC78. He has given the council no other option. It cannot revert to the AUP, or set everything aside to consider in the future.
This new plan is called PC120. It was adopted by the council in July, to be sent for comment to local boards, iwi and Government departments like the Department of Conservation. That has now happened.
After gaining council support today, it will be “notified”. This means it will be put out for public consultation and the submissions received will then be considered by an independent hearings panel (IHP). This is the normal process for dealing with zoning plans.
Bishop has advised Mayor Wayne Brown and councillor Richard Hills, who chairs the policy and planning committee of council, that the consultation period will run from November 3 until December 19. That’s seven weeks, soon after the new council is elected on October 11. (Postal voting for this election is now under way.)
Bishop has also advised that the IHP will meet next year and the whole process will take about 18 months. This means the result will not be known before the general election, which must be held no later than late next year.
Council documents for the debate today run to 3000 pages. Before the debate started, officials briefed councillors on the feedback they had received to date, and any other matters that councillors wanted clarification on.
The debate itself then began with a few proposed amendments. The meeting itself was not a meeting of the governing body, but of the policy and planning committee. This comprises all 20 councillors, the mayor and two members of Houkura, the Independent Māori Statutory Board.
Simon Wilson is a senior writer covering politics, the climate crisis, transport, housing, urban design and social issues, with a focus on Auckland. He joined the Herald in 2018.