Getting ready to apply new Medium Density Residential Standards

18 August 2022

We’re pleased to be able to share more information about how the Medium Density Residential Standards (MDRS) will apply. This relates to the transitional period from the scheduled notification of Plan Change 14 on 23 September through to when decisions on PC14 are made and take legal effect (which must be by 20 August 2023). 

We’re working on some more detailed information for our website, including a set of FAQs which will include common development scenarios, and a list of equivalent rules in the Operative District Plan (ODP) in relation to bullet point 4 below. We’ll send out another update soon to let you know when this information is available. 

Implementation guidance 

• The MDRS provisions are set out in Schedule 3A of the RMA. They include objectives and policies, along with nine ‘density standards’ (rules), all of which will have immediate legal effect when PC14 is scheduled to be notified on 23 September, unless a Qualifying Matter applies to an area.   
• The MDRS rules apply to residential units and residential accessory buildings on sites zoned Medium Density Residential and High Density Residential in PC14, outside Qualifying Matter areas. 
• Developments of up to three residential units which comply with all MDRS rules and all relevant general rules in the operative District Plan will be a permitted activity with no resource consent required.  
• If a MDRS rule is breached, the equivalent activity status rule in the ODP applies for that breach only (e.g. if a residential unit in the operative Residential Suburban zone breaches the MDRS height in relation to boundary rule, consent will be required under Rule 14.4.1.3 RD20 Buildings not meeting recession planes). The other MDRS provisions will still apply to the development.
•  Other general rules in the ODP continue to apply, so a development complying with the MDRS may still need resource consent under a general rule.  These include: Chapter 5 Natural Hazards, Chapter 6 General rules and procedures, Chapter 7 Transport, Chapter 8 Earthworks, Chapter 9 Natural and Cultural Heritage, Chapter 11 Utilities, and general rules in Chapter 14 such as the built form standards relating to water supply for fire-fighting, and fences.
• For sites only partially subject to a Qualifying Matter (e.g. water body setback, air noise contour) the MDRS applies to activities located entirely outside the Qualifying Matter area. 
• MDRS notification preclusions in clause 5 of Schedule 3A and subdivision provisions in clauses 7-9 won’t take effect until the decisions on PC14 are notified. 
• The ODP provisions in Chapter 14 continue to apply to non-residential activities, Qualifying Matter areas, and sites in residential zones not being rezoned to Medium Density Residential or High Density Residential.

When assessing an application for breach of an MDRS rule:

• The corresponding ODP matters of control/discretion and notification provisions apply where relevant. 
• Starting point for assessment will be what the breached MDRS rule allows (rather than the equivalent built form standard in the ODP).
• MDRS objectives and policies in Schedule 3A will have full weight, plus relevant ODP objectives and policies that aren’t inconsistent with the MDRS. 
• If there is no equivalent rule in the ODP, the general D1 discretionary activity rule in the operative zone applies.
• For four unit developments in the RSDT zone there is no equivalent activity status rule so 14.4.1.4 D1 applies. 
• The MDRS introduces a new three-unit permitted baseline which will be relevant to the assessment of effects under both s95 and s104.