E38 Subdivision - Urban

E38 Subdivision - Urban
Subdivision – Urban
E38.1. Introduction
Subdivision is the process of dividing a site or a building into one or more additional sites
or units, or changing an existing boundary location.
PC 78 (see
Modifications)
[new text to be inserted]
Objectives, policies and rules in this section apply to subdivision in all zones except for
the Rural – Rural Production Zone, Rural – Mixed Rural Zone, Rural – Rural Coastal
Zone, Rural – Rural Conservation Zone, Rural – Countryside Living Zone, Rural -
Waitākere Foothills Zone, Rural - Waitākere Ranges Zone, Future Urban Zone, and
Special Purpose – Quarry Zone which are located in E39 Subdivision – Rural.
E38.2. Objectives
(1) Land is subdivided to achieve the objectives of the residential zones, business
zones, open space zones, special purpose zones, coastal zones, relevant
overlays and Auckland-wide provisions.
(2) Land is subdivided in a manner that provides for the long-term needs of the
community and minimises adverse effects of future development on the
environment.
(3) Land is vested to provide for esplanades reserves, roads, stormwater,

infrastructure and other purposes.
(4) Infrastructure supporting subdivision and development is planned and provided

for in an integrated and comprehensive manner and provided for to be in place at
the time of the subdivision or development.
(5) Infrastructure is appropriately protected from incompatible subdivision, use and

development, and reverse sensitivity effects.
(6) Subdivision has a layout which is safe, efficient, convenient and accessible.
(7) Subdivision manages adverse effects on historic heritage or Maori cultural

heritage.
(8) Subdivision maintains or enhances the natural features and landscapes that
contribute to the character and amenity values of the areas.
(9) Subdivision to protect indigenous vegetation or wetlands is provided for in the

residential zones.
(10) Subdivision:
(a) within urban and serviced areas, does not increase the risks of adverse
effects to people, property, infrastructure and the environment from natural
hazards;
Auckland Unitary Plan Operative in part 1

(b) avoids, where possible, and otherwise mitigates, adverse effects associated
with subdivision for infrastructure or existing urban land uses; and
(c) maintains the function of flood plains and overland flow paths to safely convey
flood waters, while taking into account the likely long term effects of climate
change.
PC 78 (see
Modifications)
E38.3. Policies
(1) Provide for subdivision which supports the policies of the Plan for residential
zones, business zones, open space zones, special purpose zones, coastal
zones, relevant overlays and Auckland-wide provisions.
(2) Require subdivision to manage the risk of adverse effects resulting from natural
hazards in accordance with the objectives and policies in E36 Natural hazards
and flooding, and to provide safe and stable building platforms and vehicle
access.
(3) Require subdivision design to respond to the natural landscapes by:
(a) avoiding building platforms and, where practicable, infrastructure, on identified

or dominant ridgelines on sites zoned Residential – Large Lot Zone or
Residential – Rural and Coastal Settlement Zone;
(b) locating and designing roads, access and infrastructure in a manner which
minimises earthworks; and
(c) locating roads and development to follow land contours.
(4) Require subdivision to be designed to retain, protect or enhance scheduled

features including those in the Historic Heritage Overlay and Sites and Places of
Significance to Mana Whenua Overlay.
(5) Provide for subdivision of residential zoned sites containing indigenous vegetation
scheduled in the D9 Significant Ecological Areas Overlay where the significant
ecological area is to be protected, and enable the same or a similar number of
sites to be created as would be enabled if the site did not contain a significant
ecological area.
(6) Provide for subdivision around existing development, and where it enables
creation of sites for uses that are in accordance with an approved land use
resource consent and where there is compliance with Auckland-wide and zone
rules.
(7) Provide for minor boundary adjustments which enable a more efficient and
effective use of land where there is compliance with Auckland-wide and zone
rules.

(8) Avoid subdivision of minor dwellings or converted dwellings not complying with
minimum lot size.
(9) Require any staged subdivision to be undertaken in a manner that promotes

efficient development.
(10) Require subdivision to provide street and block patterns that support the
concepts of a liveable, walkable and connected neighbourhood including:
(a) a road network that achieves all of the following:
(i) is easy and safe to use for pedestrians and cyclists;
(ii) is connected with a variety of routes within the immediate neighbourhood

and between adjacent land areas; and
(iii) is connected to public transport, shops, schools, employment, open

spaces and other amenities; and
(b) vehicle crossings and associated access designed and located to provide
for safe and efficient movement to and from sites and minimising potential
conflict between vehicles, pedestrians, and cyclists on the adjacent road
network.
(11) Require subdivision to be designed to achieve a high level of amenity and

efficiency for residents by:
(a) aligning roads and sites for maximum sunlight access where topography
and parent site shape allows; and
(b) aligning sites to the road to maximise opportunities for buildings fronting the
road.
(12) Limiting rear sites to places where the site topography, existing boundaries,
natural features, or scheduled places will prevent the creation of front sites.
PC 78 (see (13) Require subdivision to deliver sites that are of an appropriate size and shape for
Modifications)
development intended by the zone by:
(a) providing a range of site sizes and densities; and
(b) providing for higher residential densities in locations where they are
supportive of pedestrians, cyclists, public transport and the viability and
vibrancy of centres.
(14) Encourage the design of subdivision to incorporate and enhance land forms,
natural features, and indigenous trees and vegetation.
(15) Encourage shared vehicle access by way of rear lanes where appropriate to
avoid the proliferation of vehicle crossings that:

(a) creates adverse effects on the safety of the road and footpath;
(b) limits opportunities to plant street trees; or
(c) creates inefficiencies in the provision of on-street car parking or areas for
bus stops.
(16) Require shared vehicle access to be of a width, length and form that:
(a) encourages low vehicle speed environments; and
(b) provides for the safety of users of the access and the adjoining road
network.
(17) Require sufficient road reserves to accommodate the needs of:
(a) different types of transport modes;
(b) stormwater networks;
(c) network utilities; and
(d) lighting, street furniture, landscaping and reticulated infrastructure in a way

that will not create future safety and maintenance issues.
Recreation and Amenity Spaces

(18) Require subdivision to provide for the recreation and amenity needs of residents
by:
(a) providing open spaces which are prominent and accessible by pedestrians;
(b) providing for the number and size of open spaces in proportion to the future
density of the neighbourhood; and
(c) providing for pedestrian and/or cycle linkages.
Infrastructure
(19) Require subdivision to provide servicing:
(a) to be coordinated, integrated and compatible with the existing infrastructure

network;
(b) to enable the existing network to be expanded or extended to adjacent land

where that land is zoned for urban development; and
(c) to enable electricity and telecommunications services to be reticulated

underground to each site wherever practicable.
(20) Require sites capable of containing a building, in areas where service

connections are available to a public reticulated network, to connect to the
following networks:

(a) wastewater;
(b) stormwater; and
(c) potable water.
(21) Require sites capable of containing a building, in areas with no reticulated water
supply, stormwater or wastewater network, to be of a size and shape that
provides for:
(a) the treatment and disposal of stormwater in a way that does not lead to
significant adverse off-site effects including degraded water quality, erosion,
land instability, creation or exacerbation of flooding;
(b) management of wastewater via:
(i) an on-site wastewater treatment system, or
(ii) approval to connect to a private wastewater network; and
(c) potable water.
(22) Require subdivision to be designed to manage stormwater:
(a) in accordance with any approved stormwater discharge consent or network

discharge consent;
(b) in a manner consistent with stormwater management policies in E1 Water

quality and integrated management;
(c) by applying an integrated stormwater management approach to the

planning and design of development in accordance with stormwater
management policies in E1 Water quality and integrated management;
(d) to protect natural streams and maintain the conveyance function of overland
flow paths;
(e) to maintain, or progressively improve, water quality;
(f) to integrate drainage reserves and infrastructure with surrounding

development and open space networks; and
(g) in an integrated and cost-effective way.
(23) Manage subdivision and development to avoid, remedy or mitigate adverse

effects on infrastructure including reverse sensitivity effects, which may
compromise the operation and capacity of existing or authorised infrastructure.
Esplanade Reserves and Strips

(24) Require esplanade reserves or strips when subdividing land adjoining the coast
and other qualifying water-bodies.

(25) Avoid reducing the width of esplanade reserve or strip, or the waiving of the
requirement to provide an esplanade reserve or strip, except where any of the
following apply:
(a) safe public access and recreational use is already possible and can be
maintained for the future;
(b) the maintenance and enhancement of the natural functioning and water
quality of the adjoining sea, river or other water body will not be adversely
affected;
(c) the land and water-based habitats on, and adjoining, the subject land area
will not be adversely affected;
(d) the natural values, geological features and landscape features will not be
adversely affected;
(e) any scheduled historic heritage places and sites and places of significance
to Mana Whenua will not be adversely affected;
(f) it can be demonstrated that the reduced width of the esplanade reserve or
strip is sufficient to manage the risk of adverse effects resulting from natural
hazards, taking into account the likely long term effects of climate change;
(g) it can be demonstrated that a full width esplanade reserve or strip is not
required to maintain the natural character and amenity of the coastal
environment;
(h) a reduced width in certain locations can be offset by an increase in width in

other locations or areas which would result in a positive public benefit, in
terms of access and recreation;
(i) restrictions on public access are necessary to ensure a level of security for
business activities in limited circumstances having regard to the policies in
B8.4 relating to public access and open space in the coastal marine area;
or
(j) direct access to the sea or other water body is required for a business
activity in limited circumstances.
(26) Require esplanade reserves rather than esplanade strips unless any of the
following apply:
(a) land has limited conservation and recreational value;
(b) conservation and historic heritage values that are present can be
adequately protected in private ownership;
(c) the opportunity to acquire an esplanade reserve is unlikely to arise but

continuity of access is desirable;

(d) creation of esplanade strips can secure public benefits and resource
management objectives without alienating land from private ownership;
(e) land is subject to natural hazards or stability issues taking into account the
likely long term effects of climate change; or
(f) a marginal strip of at least 20 metres under the Conservation Act 1987 has
not been set aside on land that is Treaty Settlement Land.
Subdivision Variation Control identified in the planning maps

(27) Manage the existing pattern and density of subdivision in locations identified in
the Subdivision Variation Control shown on the planning maps to protect their
low density character.
(28) Avoid subdivision that detracts from the natural landscape qualities which are
defined by the low density settlement pattern.
(29) Manage subdivision of land where there are known infrastructure constraints.
Subdivision in Special Character Areas Overlay – Residential and Business

(30) Maintain the distinctive pattern of subdivision as identified in the character
statements for special character areas.
PC 78 (see
Modifications)
E38.4. Activity table

Tables E38.4.1 to E38.4.5 specify the activity status of subdivision pursuant to section 11
of the Resource Management Act 1991.
For subdivision within the D26 National Grid Corridor Overlay, the activity status for
subdivision in the urban zones as listed in Tables E38.4.1 to E38.4.5 below will apply
unless there are different provisions in D26 National Grid Corridor Overlay in which case
the overlay provisions will take precedence.
For subdivision in the Rural – Rural Production Zone, Rural – Mixed Rural Zone, Rural –
Rural Coastal Zone, Rural – Rural Conservation Zone, Rural – Countryside Living Zone,
Rural - Waitākere Foothills Zone, Rural - Waitākere Ranges Zone, Future Urban Zone,
and Special Purpose – Quarry Zone see E39 Subdivision – Rural.
The activities listed in Table E38.4.1 Subdivision for specific purposes may only
comprise a specific element of a subdivision activity. The other elements of a subdivision
may also be listed in Tables E38.4.2, E38.4.3, E38.4.4, and E38.4.5. Where the
proposed subdivision activity fits into activities listed in Table E38.4.1 Subdivision for
specific purposes and those listed in tables E38.4.2, E38.4.3, E38.4.4, and/or E38.4.5
then the activity status listed for each activity in each table also applies.

Table E38.4.1 Activity table - Subdivision for specific purposes

Activity Activity status
(A1) Lease in excess of 35 years of a building or part of a P
building where a cross-lease, company lease, or unit title
subdivision is not involved
(A2) Subdivision for a network utility P
(A3) Conversion of a cross lease to a fee simple title C
(A4) Cross lease, company lease, unit title and strata-title C
subdivision
(A5) Amendments to a cross lease or unit title, including C
additions and alterations to buildings, accessory
buildings and areas for exclusive use by an owner or
owners
(A6) Boundary adjustments which do not exceed 10 per cent C
of the net site area of each site
(A7) Subdivision of a site with two or more zones or RD
subdivision along an undefined zone boundary
(A8) Subdivision establishing an esplanade reserve RD
(A9) Subdivision establishing an esplanade strip D
(A10) Any reduction or waiver of esplanade reserves or strips D
(A11) Subdivision of land within any of the following natural RD
hazard areas:
• 1 per cent annual exceedance probability

floodplain;
• coastal storm inundation 1 per cent annual
exceedance probability (AEP) area;
• coastal storm inundation 1 per cent annual
exceedance probability (AEP) plus 1m sea level
rise area;
• coastal erosion hazard area; or

• land which may be subject to land instability.
(A12) Any subdivision listed in this activity table not meeting D
the standards in E38.6 General standards for subdivision
the permitted, controlled, or restricted discretionary
activities standards in E38.7 Standards for subdivision
for specific purposes

Table E38.4.2 Activity table - Subdivision in residential zones

PC 78 (see [new [new text to be inserted] [new text to
Modifications)
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be
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(A14) Subdivision in accordance with an approved land use RD
resource consent complying with Standard E38.8.2.1
(A15) Subdivision around existing buildings and development RD
complying with Standard E38.8.2.2
(A16) Vacant sites subdivision involving parent sites of less RD
than 1ha complying with Standard E38.8.2.3
(A17) Vacant sites subdivision involving parent sites of less D
than 1ha not complying with Standard E38.8.2.3.
(A18) Vacant sites subdivision involving parent sites of 1ha or D
greater complying with Standard E38.8.3.1
(A19) Vacant sites subdivision involving parent sites of 1ha or NC
greater not complying with Standard E38.8.3.1
(A20) Subdivision of sites identified in the Subdivision Variation RD
Control complying with Standard E38.8.2.4
(A21) Subdivision of sites identified in the Subdivision Variation NC
Control not complying with Standard E38.8.2.4
(A22) Subdivision involving indigenous vegetation scheduled in RD
the Significant Ecological Areas Overlay complying with
Standard E38.8.2.5
(A23) Subdivision involving indigenous vegetation scheduled in NC
the Significant Ecological Areas Overlay not complying
with Standard E38.8.2.5
(A24) Subdivision of sites identified in the Special Character RD
Areas Overlay – Residential and Business complying
(A25) Subdivision of sites identified in the Special Character NC
Areas Overlay – Residential and Business not complying
(A26) Subdivision of a minor dwelling from the principal RD
dwelling where the proposed sites comply with the
minimum site size requirement for subdivision in the
applicable zone
(A27) Subdivision of a minor dwelling from the principal Pr
dwelling where the proposed sites do not comply with the

minimum site size requirement for subdivision in the

applicable zone
(A28) Subdivision of a converted dwelling established from the RD
conversion of a principal dwelling existing as at 30
September 2013 where the proposed sites comply with
the minimum site size requirement for subdivision in the
applicable zone
(A29) Subdivision of a converted dwelling established from the Pr
conversion of a principal dwelling existing as at 30
September 2013 where the proposed sites do not comply
with the minimum site size requirement for subdivision in
the applicable zone
PC 78 (see [new [new text to be inserted] [new text to

Modifications)
text to be inserted]
be
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E38.6 General standards for subdivision
(A31) Any subdivision listed in this activity table not meeting the D
standards in E38.8 Standards for subdivision in
residential zones
(A32) Any subdivision not otherwise provided for in Tables D
E38.4.1 and E38.4.2
Table E38.4.3 Activity table - Subdivision in business zones

(A33) Subdivision in accordance with an approved land use RD
resource consent complying with Standard E38.9.2.1
(A35) Vacant sites subdivision complying with Standard RD
E38.9.2.3
(A36) Vacant sites subdivision not complying with Standard NC
E38.9.2.3
the standards in E38.6 General standards for subdivision
standards in E38.9 Standards for subdivision in the
business zones

(A39) Any subdivision not otherwise provided for in Tables D

E38.4.1and E38.4.3
Table E38.4.4 Activity table - Subdivision in open space zones
Activity Activity
Status
(A40) Subdivision in accordance with an approved land use resource RD
consent complying with Standard E38.10.1.1
(A42) Any subdivision listed in this activity table not meeting the D
standards in E38.6 General standards for subdivision
(A43) Any subdivision not otherwise provided for in Tables E38.4.1and D
E38.4.4
Table E38.4.5 Activity table - Subdivision in all other zones excluding those
covered by E39 Subdivision - Rural
(A44) Any subdivision not meeting the standards in E38.6 D
General standards for subdivision
(A45) Subdivision not otherwise provided for in Table E38.4.1 D
E38.5. Notification
PC 78 (see (1) An application for resource consent for a controlled activity listed in Table
Modifications) E38.4.1 Activity table - Subdivision for Specific Purposes will be considered
without public or limited notification or the need to obtain written approval from
affected parties unless the Council decides that special circumstances exist
under section 95A(9) of the Resource Management Act 1991.
(2) Any application for resource consent for an activity listed in Tables E38.4.1 to
E38.4.5 Activity tables and which is not listed in E38.5(1) will be subject to the
normal tests for notification under the relevant sections of the Resource
Management Act 1991.
PC 78 (see
Modifications)
(3) When deciding who is an affected person in relation to any activity for the
purposes of section 95E of the Resource Management Act 1991 the Council will
give specific consideration to those persons listed in Rule C1.13(4).
E38.6. General standards for subdivision

All subdivision listed in Tables E38.4.1 to E38.4.5 Activity tables must comply with
the standards set out in E38.6 General standards for subdivision unless otherwise
specified, as well as the standards in E38.7 Standards for subdivision for specific
purposes to E38.10 Standards for subdivision in open space zones as relevant.

E38.6.1. Site size and shape

(1) Except where the purpose of the site is for a network utility (including a
site to be vested in Council), sites must meet one of the following:
(a) in residential zones and business zones - a shape factor that meets
the requirements of Standard E38.8.1.1 Site shape factor in residential
zones or Standard E38.9.1.1 Site shape factor in business zones;
(b) be in accordance with an approved land use resource consent; or
(c) be around an existing lawfully established development.
E38.6.2. Access and entrance strips

(1) All proposed sites must be provided with legal and physical access to a
road, unless they meet one of the following:
(a) are being created for reserves and network utilities; or
(b) will be amalgamated with another site that already has legal and
physical access to a road.
(2) Entrance strips must be less than 7.5 metres wide unless otherwise
stated.
E38.6.3. Services
(1) For all proposed sites capable of containing a building, or for cross lease
or unit title, strata title, company lease, each lot must be designed and
located so that provision is made for the following services:
(a) collection, treatment and disposal of stormwater;
(b) collection, treatment and disposal of wastewater;
(c) water supply;
(d) electricity supply; and
(e) telecommunications.
(2) Where no reticulated water supply is available, sufficient water supply

and access to water supplies for firefighting purposes in accordance with
the NZ Fire Service Fire Fighting Water Supplies Code of Practice SNZ
PAS 4509:2008 must be provided.
E38.6.4. Staging
(1) Where a subdivision is to be carried out in stages, the applicant must
provide adequate detail of the proposed timetable and sequencing of the
staging at the time they apply for the overall subdivision consent. This
must include all of the following:

(a) the time period over which the development is likely to take place;
(b) the areas of land subject to the proposed stages; and
(c) the balance area of the site remaining after the completion of each
stage.
E38.6.5. Overland flow paths

(1) All subdivision must be designed to incorporate overland flow paths on
the site.
(2) Stormwater must exit the site in a location that does not increase the risk
of hazards to downstream properties.
E38.6.6. Existing vegetation on the site

(1) All subdivision plans, excluding subdivision plans for boundary
adjustments, must show any of the following features that exist on, or on
the boundary of, the land being subdivided:
(a) any areas identified as Significant Ecological Area in the Significant

Ecological Areas Overlay; or
(b) any other areas of indigenous vegetation, wetlands, waterways,

streams, rivers and lakes.
E38.7. Standards for subdivision for specific purposes

E38.7.1. Standards – specific purposes permitted activities
Subdivision listed as permitted activities in Table E38.4.1 Subdivision for specific
purposes must comply with the applicable standards for the proposed subdivision
listed in E38.6 General standards for subdivisions and E38.7.1 Standards – specific
purposes permitted activities.
E38.7.1.1. Lease in excess of 35 years of a building or part of a building
where a cross lease, company lease or unit title subdivision is
not involved:
(1) The subject building must be lawfully established.
(2) The boundaries of the proposed sites must follow existing or proposed
walls, ceilings and floors.
(3) The scheme plan must show the proposed sites in relation to the exterior
of the building and provide upper and lower elevations in terms of a
datum to be established.
(4) Each lease area must have either frontage to a legal road or allow for
access through common areas to a legal road.

E38.7.1.2. Subdivision for a network utility

(1) The network utility activity must:
(a) be a permitted activity pursuant to E26 Infrastructure; or
(b) have all resource consents or notices of requirements approved.
(2) A covenant or consent notice will be required to state that land that is no
longer required for the network utility after it disestablishes must be
amalgamated with the adjoining land.
(3) The balance sites must comply with the relevant overlays, Auckland-wide
and zone standards, other than the minimum site size, unless resource
consent has been granted for any infringements.
(4) Sites must have access to a legal road through an appropriate legal
mechanism.
E38.7.2. Standards – specific purposes controlled activities

Subdivision listed as controlled activities in Table E38.4.1 Subdivision for specific
purposes must comply with the applicable standards for the proposed subdivision
listed in E38.6 General standards for subdivisions and E38.7.2 Standards – specific
purposes controlled activities.
E38.7.2.1. Boundary adjustments which do not exceed 10 per cent of the net
site area of each site
(1) All sites prior to the boundary adjustment must be contained within the
same zone.
(2) All service connections and on-site infrastructure must be located within
the boundary of the site they serve, or have legal rights provided by an
appropriate legal mechanism.
E38.7.2.2. Conversion of a cross-lease to a fee simple title

(1) All existing development must meet one of the following:
(a) comply with the relevant overlays, Auckland-wide and zone rules;
(b) be in accordance with an approved resource consent;
(c) have existing use rights;
(d) be in accordance with an approved building consent,
(e) have a code of compliance certificate, or
(f) have a certificate of acceptance.

the boundary of the site they serve, or have legal rights provided by an
E38.7.2.3. Cross lease, company lease, unit title and strata-title subdivision;
and Amendments to a cross lease or unit title, including
additions and alterations to buildings, accessory buildings and
areas for exclusive use by an owner or owners
(1) All buildings must meet one of the following:
(a) have existing use rights;
(b) comply with the relevant Auckland-wide and zone rules; or
(c) be in accordance with an approved land use resource consent.
(2) All areas to be set aside for the exclusive use of each building or unit
must be shown on the survey plan, in addition to any areas to be used
for common access or parking or other such purpose.
(3) Subdivision consent affecting a building or any part of a building and any
proposed covenant, unit or accessory unit boundary, must not result in
any infringements of any relevant overlays, Auckland-wide and zone
rules.
(4) Parking spaces must not be created as principal units, unless provided
for by a resource consent. Instead parking spaces must be created as
accessory units or common areas when associated with an approved
use or activity.
the boundary of the site they serve or have access provided by an
E38.7.3. Standards – specific purposes restricted discretionary activities

Subdivision listed as restricted discretionary activities in Table E38.4.1 Subdivision
for specific purposes must comply with the applicable standards for the proposed
subdivision listed in E38.6 General standards for subdivisions and E38.7.3 Standards
– specific purposes restricted discretionary activities.
E38.7.3.1. Subdivision of a site with two or more zones or subdivision along
an undefined zone boundary
(1) Where a site has two or more zones the lot boundaries of the subdivision
must follow, as near as possible to, the zone boundaries.
(2) Where a proposed site is located entirely within a single zone, the
proposed site must comply with the relevant subdivision standards for
that zone.

(3) The lots created must comply with the overlay, Auckland-wide and zone
rules applying to that particular part of the site.
E38.7.3.2. Subdivision establishing an esplanade reserve

(1) Any subdivision involving the creation of sites less than 4 hectares and
the proposed site adjoins the line of mean high water springs or the bank
of a river or stream 3 metres or more in width or any lake, must provide a
minimum 20 metre wide esplanade reserve in accordance with section
230 of the Resource Management Act 1991. This must be shown on the
application plan and the subsequent land transfer plan.
(2) The width of any esplanade reserve must be measured in a landward

direction at 90 degrees to the line of mean high water spring, or the bank
of a river or stream or margin of any lake.
(3) Standards E38.7.3.2(1) and (2) do not apply to the subdivision of Treaty
Settlement Land where a marginal strip of at least 20 metres has been
set aside under the Conservation Act 1987.
E38.7.3.3. Subdivision of a site within the one per cent annual exceedance
probability floodplain
(1) Each proposed site within the one per cent floodplain that is to contain a
more vulnerable activity must meet one of the following:
zones or Standard E38.9.1.1 Site shape factor in business zones; or
(b) be in accordance with a land use consent that authorises development

or building in the floodplain.
E38.7.3.4. Subdivision of land in the coastal erosion hazard area; or the

coastal storm inundation 1 per cent annual exceedance probability
(AEP) area
(1) Each proposed site on land in the coastal erosion hazard area or the
coastal storm inundation 1 per cent annual exceedance probability (AEP)
area must demonstrate that all of the relevant areas/features in
E38.7.3.4(a) to (c) below are located outside of any land that may be
subject to coastal erosion or coastal storm inundation:
zones or Standard E38.9.1.1 Site shape factor in business zones;
(b) access to all proposed building platforms or areas; and
(c) on-site private infrastructure required to service the intended use of the
site.

E38.8. Standards for subdivisions in residential zones

Subdivision listed in Table E38.4.2 Subdivision in residential zones must comply with the
applicable standards for the proposed subdivision in E38.6 General standards for
subdivision and E38.8.1 General standards in residential zones.
E38.8.1. General standards in residential zones

E38.8.1.1. Site shape factor in residential zones
(1) Access and manoeuvring must meet the requirements of E27 Transport.
(2) All vacant sites must be able to contain a rectangle of 8 metres by 15

metres except the Residential - Terrace Housing and Apartment
Buildings Zone must contain a rectangle of 15 metres by 20 metres, to
accommodate a building that complies with all applicable standards of
the zone and is located outside:
(a) the 1 per cent annual exceedance probability floodplain;
(b) the coastal erosion hazard area;
(c) the coastal storm inundation 1 per cent annual exceedance probability
(AEP) area; and the coastal storm inundation 1 per cent annual
exceedance probability (AEP) plus 1m sea level rise area;
(d) land which may be subject to land instability;
(e) the protected root zone of trees identified in the Notable Trees
Overlay;
(f) areas identified as significant ecological areas, outstanding natural

features, outstanding natural landscapes, outstanding natural
character areas or high natural character areas in the Significant
Ecological Areas Overlay, the Outstanding Natural Features Overlay
and Outstanding Natural Landscapes Overlay, or the Outstanding
Natural Character and High Natural Character Overlay.
(g) areas identified as scheduled historic heritage places, or sites and

places of significance to Mana Whenua in the Historic Heritage
Overlay or the sites and Places of Significance to Mana Whenua
Overlay;
(h) network utilities, including private and public lines;
(i) right-of-way easements;
(j) area of esplanade reserves required by Standard E38.7.3.2 Subdivision

establishing an esplanade reserve;

(k) yard setback requirements of the zone including riparian, lakeside or

coastal protection yards; and
(l) the National Grid Yard.
E38.8.1.2. Access to rear sites

(1) A single jointly owned access lot or right-of-way easement must not
serve more than ten proposed rear sites.
(2) Vehicle access to proposed sites without direct vehicular access to a

formed legal road must be by way of an entrance strip, jointly owned
access lot or right-of-way easement over adjoining land, or by a
combination of these mechanisms, provided the total width and other
dimensions of the access comply with the standards in Table E38.8.1.2.1
Access to rear sites below.
Table E38.8.1.2.1 Access to rear sites

Total number of rear sites served
PC 79 (see 1 2–5 6 - 10
Modifications) Minimum legal width 3.0m 3.5m 6.5m
Minimum formed width 2.5m 3.0m 5.5m
Minimum service strip 0.5m 0.5m 1.0m
PC 79 (see Maximum length 50m 50m 100m
Modifications)
Note 1
Maximum gradient 1 in 4 1 in 5
Minimum vertical clearance from 3.8m
buildings or structures
Minimum inside turning radius for 6.5m
bends
PC 79 (see Note 1
Modifications)
For accessways greater than 50 metres in length speed management measures
should be considered.
(3) Accessways serving six or more rear sites must provide separate
pedestrian access, which may be located within the formed driveway.
(4) The pedestrian access required by E38.8.1.2(3) must meet all of the
following:
PC 79 (see
(a) have a minimum width of 1 metre;
Modifications)
(b) can include the service strip; and
(c) be distinguished from the vehicle carriageway through the use of a

raised curb or different surface treatment.

PC 78 (see
Modifications)
E38.8.2. Standards – residential restricted discretionary activities

Subdivision listed as a restricted discretionary activity in Table E38.4.2 Subdivision in
residential zones must comply with the applicable standards for the proposed
subdivision listed in E38.6 General standards for subdivisions, E38.8.1 General
standards in residential zones and E38.8.2 Standards – residential restricted
discretionary activities as relevant.
E38.8.2.1. Subdivision in accordance with an approved land use resource

consent
(1) Any subdivision relating to an approved land use consent must comply
with that resource consent.
E38.8.2.2. Subdivision around existing buildings and development

(1) Prior to subdivision occurring, all development must meet one of the
following:
(b) comply with the relevant overlay, Auckland-wide and zone rules; or
E38.8.2.3. Vacant sites subdivisions involving parent sites of less than 1

hectare
(1) The following standards do not apply to subdivision that is in accordance
with existing or concurrently approved land use consents, or for any lots
around existing buildings and development.
(2) Site sizes for proposed sites must comply with the minimum net site
areas specified in Table E38.8.2.3.1 Minimum net site area for
subdivisions involving parent sites of less than 1 hectare below.
Table E38.8.2.3.1 Minimum net site area for subdivisions involving parent sites
of less than 1 hectare
Zone Minimum net site area for

vacant proposed sites
Residential - Terrace Housing and Apartment 1,200m2
Buildings Zone
Residential - Mixed Housing Urban Zone 300m2
Residential - Mixed Housing Suburban Zone 400m2
Residential - Single House Zone 600m2

PC 78 (see
[new text to be inserted] [new text to be inserted]
Modifications)
Residential - Large Lot Zone 4,000m2
Residential - Rural and Coastal Settlement Zone 2,500m2
E38.8.2.4. Subdivision of sites identified in the Subdivision Variation

Control
(1) E38.8.2.3 Vacant sites subdivision involving parent sites of less than 1
hectare and E38.8.3.1 Vacant sites subdivision involving parent sites of
1 hectare or greater do not apply to sites identified in the Subdivision
Variation Control in the planning maps.
(2) Proposed sites identified in the Subdivision Variation Control in the

planning maps must comply with the minimum net site area in Table
E38.8.2.4.1 Subdivision of sites identified in the Subdivision Variation
Control
Table E38.8.2.4.1 Subdivision of sites identified in the Subdivision Variation

Control
Area Minimum net site area

PC 78 (see Beachlands 700m²
Modifications)
Bombay 800m2 for proposed sites serviced by a
private wastewater network
2,500m2 for proposed sites serviced by on-
site wastewater systems
PC 78 (see
Buckland 800m²
Modifications)
Clarks Beach 800m²
PC 78 (see Eastern Whangaparaoa Peninsula 700m²
Modifications)
Glenbrook Beach 800m²
PC 78 (see
Herald Island 800m²
Modifications)
Maraetai/Omana Beach 700m²
Patumahoe 800m²
Point Wells 1,000m²
Waiau Beach 800m²
Waimauku 800m2 for proposed sites serviced by a
private wastewater network
2,500m2 for proposed sites serviced by on-
site wastewater systems
Parau 4,000m2

Huia 4,000m2
Little Huia 4,000m2
Karekare 4,000m2
Piha 4,000m2
Bethells/ Te Henga 4,000m2
Cornwallis 4,000m2
Snells Beach 1,000m²
E38.8.2.5. Subdivision involving indigenous vegetation scheduled in the

Significant Ecological Areas Overlay
(1) The subdivision scheme plan must identify the following areas:
(a) the indigenous vegetation scheduled in the Significant Ecological

Areas Overlay and to be marked for protection; and
(b) the areas available for residential subdivision.
(2) The following standards apply to the areas available for residential
subdivision:
(a) the total number of lots created must not exceed the total number of
lots which could be created over the net site area of the parent site
subject to meeting Table E38.8.2.3.1 Minimum net site area for
subdivision involving parent sites of less than 1 hectare or Table
E38.8.3.1.1 Minimum net site area for subdivision involving parent
sites of 1 hectare or greater;
(b) residential lots to be created must be located entirely within the areas
available for residential subdivision;
(c) the minimum net site areas in Table E38.8.2.3.1 Minimum net site area
for subdivision involving parent sites of less than 1 hectare or Table
E38.8.3.1.1 Minimum net site area for subdivision involving parent
sites of 1 hectare or greater do not apply to the area available for
residential development of the parent site outside the Significant
Ecological Areas Overlay as determined under E38.8.2.5(1)(b) above;
(d) a plan showing the proposed development on the areas available for
residential subdivision must be provided;
(e) the proposed development must meet the relevant standards in the
residential zones; and
(3) The indigenous vegetation area scheduled in the Significant Ecological

Areas Overlay must be legally protected and maintained in accordance

with the process outlined in Appendix 15 Subdivision information and

process; and
(4) The subdivision resource consent must be made subject to a consent

condition which requires that the subdivision scheme plan creating the
sites is to be deposited after, and not before, the protective covenant has
been registered against the title of the site containing the covenanted
indigenous vegetation, or area of restoration planting to be protected, as
applicable.
E38.8.2.6. Subdivision of sites identified in the Special Character Areas

Overlay – Residential and Business
(1) Proposed sites identified in the Special Character Areas Overlay –
Residential and Business must comply with the minimum net site area in
Table E38.8.2.6.1 Special Character Overlay – Residential and Business
subdivision controls.
(2) Proposed sites identified in the Special Character Areas Overlay –

Residential and Business that are not listed in Table E38.8.2.6.1 must
comply with the relevant minimum net site area for that site’s zone in Table
E38.8.2.3.1 Minimum net site area for subdivisions involving parent sites
of less than 1 hectare.
Table E38.8.2.6.1 Special Character Areas Overlay – Residential and Business

subdivision controls
Special Character Areas Overlay – Minimum net site area

Residential and Business – Sub area
Isthmus A 400m2 or 500m2 where the site does not
comply with the shape factor
Isthmus B1 and B3 1,000m2
Isthmus B2 600m2
Isthmus C1 400m2 or 500m2 where the site does not
comply with the shape factor
Isthmus C2 600m2
Isthmus C2a (refer to Figure E38.8.2.6 1,000m2 on sites identified in Figure
below) E38.8.2.6 below
PC 78 (see North Shore Area A* 450m2
Modifications)
North Shore Area B* 500m2
North Shore Area C* 600m2
PC 78 (see *The maps showing North Shore Area A, North Shore Area B, and North Shore Area
Modifications) C can be found in Schedule 15 Special Character Schedule, Statements and Maps.

Figure E38.8.2.6 Isthmus C2a sites
PC 78 (see
Modifications)

PC 78 (see
Modifications)
E38.8.3. Standards – residential discretionary activities

Subdivision listed as a discretionary activity in Table E38.4.2 Subdivision in
residential zones must comply with the applicable standards for the proposed
standards in residential zones and E38.8.3 Standards – residential discretionary
activities, as relevant.
E38.8.3.1. Vacant sites subdivision involving parent sites of 1 hectare or
greater
around existing buildings and development.
(2) Site sizes for proposed vacant sites subdivision in the Residential - Large
Lot Zone, Residential - Rural and Coastal Settlement Zone and
Residential - Terrace Housing and Apartment Buildings Zone, must meet
the minimum net site area for subdivision in the relevant zone as set out
in Table E38.8.2.3.1 Minimum net site area for subdivisions involving
parent sites of less than 1 hectare above.
(3) For other residential zones, each vacant site must comply with the
minimum net site area in Table E38.8.3.1.1 Minimum net site areas for
subdivisions involving parent sites of 1 hectare or greater.
(4) The minimum average net site area calculated over the total of all sites
created must comply with Table E38.8.3.1.1 Minimum net site areas for
subdivisions involving parent site of 1 hectare or greater.
Table E38.8.3.1.1 Minimum net site areas for subdivisions involving parent
sites of 1 hectare or greater
Zone Minimum Net Minimum Maximum
Site Area Average Net Average Net
Site area Site area
Single House Zone 480m² 600m² 720m2
PC 78 (see [new text to be inserted] [new text to [new text to [new text to be
Modifications)
be inserted] be inserted] inserted]
Mixed Housing Suburban 320m² 400m² 480m2
Zone
Mixed Housing Urban Zone 240m² 300m² 360m2
(5) When calculating the minimum average net site area for the purpose of
Standard E38.8.3.1(3), any proposed site with a net site area greater

than the maximum average net site area specified for the applicable
zone in Table E38.8.3.1.1 Minimum net site areas for subdivision
involving parent sites of 1 hectare or greater must be included in the
averaging calculation at the figure specified as the maximum average
net site area for the applicable zone.
(6) For all subdivision on a parent site greater than 1 hectare where 30 or
more vacant sites are proposed, the total number of rear sites must not
exceed five per cent of the total number of proposed sites.
E38.9. Standards for subdivisions in the business zones

Subdivision listed in Table E38.4.3 Subdivision in business zones must comply with the
applicable standards for the proposed subdivision listed in E38.6 General standards for
subdivision and E38.9.1 General standards for business zones.
E38.9.1. General standards for business zones
E38.9.1.1. Site shape factor in business zones
(1) All vacant sites must be able to contain a rectangle with an area equal to
half the area of the site where the longer sides are no greater than twice
the length of the shorter sides to accommodate a building that complies
with all applicable controls of the zone and is located outside all of the
following:
(a) the 1 per cent annual exceedance probability floodplain;
(b) the coastal storm inundation 1 per cent annual exceedance probability
(AEP) area;
(c) the coastal storm inundation 1 per cent annual exceedance probability
(AEP) plus 1 metre sea level rise area;
(d) the coastal erosion hazard area:
(e) land which may be subject to land instability;
(f) the protected root zone of trees identified in the Notable Trees Overlay;
(g) areas identified as significant ecological areas, outstanding natural

features, outstanding natural landscapes, outstanding natural
character areas or high natural character areas in the Significant
Ecological Areas Overlay, the Outstanding Natural Features Overlay
and Outstanding Natural Landscapes Overlay, or the Outstanding
Natural Character and High Natural Character Overlay.
(h) areas identified as scheduled historic heritage place, or sites and

places of significance to Mana Whenua in the Historic Heritage
Overlay or the Sites and Places of Significance to Mana Whenua
Overlay;

(i) private and public network utilities;
(j) private and public stormwater and wastewater lines;
(k) building line restrictions;
(l) right-of-way easements;
(m) area of esplanade reserves required by Standard E38.7.3.2

Subdivision establishing an esplanade reserve;
(n) yard setback requirements of the zone including riparian, lakeside or

coastal protection yards; and
(o) National Grid Yard (Uncompromised) (except that if the subdivision is

for an activity sensitive to the National Grid, the building platform must
not be located within the National Grid Yard (Uncompromised or
Compromised).
E38.9.1.2. Parking areas

(1) Where parking spaces are permitted in association with a development
or proposed as part of a development, where resource consent has been
obtained and any such development is subdivided under the Unit Titles
Act 2010, the parking spaces must be:
(a) held together with the principal units; or
(b) form a part of the common property.
(2) Any parking spaces identified as a principal unit must be tied to the
approved land use by way of a legal instrument on the title.
(3) Discretion may be applied where specific approval has been granted by
resource consent for shared car parking with other development within
close proximity to the site.
(4) This standard does not apply to buildings or land used exclusively for car
parking.
E38.9.1.3. Signs and billboards

(1) Where signs or billboards have been approved on a building with
resource consent and the development is subdivided under the Unit
Titles Act 2010, the signs or billboards must not be created as principal
units on the survey plan. The sign or billboard must be identified as an
accessory unit or alternatively form a part of the common property.
E38.9.2. Standards – business restricted discretionary activities

Subdivision listed as a restricted discretionary activity in Table E38.4.3 Subdivision in
business zones must comply with the applicable standards for the proposed


standards in business zones and E38.9.2 Standards – business restricted
discretionary activities, as relevant.

consent
with that consent, including all conditions and all approved plans.

(1) Prior to subdivision occurring, all development must:
E38.9.2.3. Vacant sites subdivision

around existing buildings.
(2) Site sizes for proposed sites must comply with the minimum net site
areas specified in Table E38.9.2.3.1 Minimum net site size and frontage
for vacant site subdivision below.
(3) Rear sites must not exceed 20 per cent of the total number of proposed
sites.
(4) Entrance strips and accessways for rear sites must comply with Table
E27.6.4.3.2 Vehicle crossing and vehicle access widths.
Table E38.9.2.3.1 Minimum net site size and frontage for vacant site
subdivision
Standard Business - Business - Business - Business - Business -

City Centre Metropolitan Town Local Neighbourhood
Zone Centre Zone Centre Centre Centre Zone
Zone Zone
Minimum net 200m2 200m² 200m² 200m² 200m²
site size
Minimum 10m for 10m for sites 10m for N/A N/A
frontage sites over over 2,000m2 sites over
2,000m2 2,000m2

Standard Business - Business - Business - Business - Business -

Mixed Use General Business Light Heavy Industry
Zone Business Zone Park Zone Industry Zone
Zone
Minimum net 200m² 200m² 1,000m² 1,000m² 2,000m²
site size
Minimum N/A N/A N/A 2,000m² 5,000m²
average site
size
Minimum N/A N/A 10m 20m 20m
frontage
E38.10. Standards for subdivision in open space zones

E38.10.1. Standards – open space restricted discretionary activities
Subdivision listed in Table E38.4.4 Subdivision in open space zones must comply
with the applicable standards for the proposed subdivision listed in E38.6 General
standards for subdivisions and E38.10.1 Standards – open space restricted
discretionary activities as relevant.
consent
with that consent, including all conditions and all approved plans.

(1) Prior to subdivision occurring, all development must meet one of the
following matters:
E38.11. Assessment – controlled activities

E38.11.1. Matters of control
The Council will reserve control over all of the following matters when assessing a
controlled activity resource consent application:
PC 78 (see
all controlled activities:
Modifications)
(a) compliance with an approved resource consent except for boundary
adjustment subdivision;
(b) the effect of the site design, size, shape, gradient and location,
including existing buildings, manoeuvring areas and outdoor living
spaces;

(c) the effects of infrastructure provision; and
(d) the effects on historic heritage and cultural heritage items.

PC 78 (see [new text to be inserted]
Modifications)
E38.11.2. Assessment criteria

The Council will consider the relevant assessment criteria for controlled activities
from the list below:
PC 78 (see
all controlled activities:
Modifications)
(a) compliance with an approved resource consent except for boundary
adjustment subdivision:
(i) refer to Policy E38.3(6);
PC 78 (see (b) the effect of the site design, size, shape, gradient and location,
Modifications)
including existing buildings, manoeuvring areas and outdoor living
spaces:
(i) the extent to which the design, size, shape, gradient and location
of any site including access, existing buildings, manoeuvring areas
and outdoor living space affect the safety of pedestrians and
cyclists and other users of the space or access;
(ii) whether the sites created are able to accommodate development

in accordance with the relevant Auckland-wide and zone rules;
and
(iii) refer to Policy E38.3(1), (10) and (22);
(c) the effects of infrastructure provision:
(i) whether provision is made for infrastructure including creation of

common areas over parts of the parent site that require access by
more than one site within the subdivision; and
(ii) refer to Policy E38.3(17); and
(d) the effects on historic heritage and cultural heritage items;
(i) whether the protection or avoidance of any Scheduled Historic

Heritage Place, or Site and Places of Significance to Mana
Whenua is ensured; and
(ii) refer to Policy E38.3(4).

PC 78 (see
Modifications)

E38.12. Assessment – restricted discretionary activities

E38.12.1. Matters of discretion
The Council will restrict its discretion to all of the following matters when assessing a
restricted discretionary resource consent application:
subdivision of a site within the 1 per cent annual exceedance probability
floodplain:
(a) the effects of the hazard on the intended use of the site or sites
created by the subdivision and the vulnerability of the uses to flood
hazard events.
subdivision of a site in the coastal storm inundation 1 per cent annual

exceedance probability (AEP) area or coastal storm inundation 1 per cent
annual exceedance probability (AEP) plus 1 m sea level rise area:
(a) the effects of the hazard on the intended use of the sites created by
the subdivision and the vulnerability of these uses to coastal storm
inundation events.
subdivision of a site in the coastal erosion hazard area:

(a) the effects of the erosion on the intended use of the sites created by
the subdivision and the vulnerability of these uses to coastal erosion.
subdivision of a site subject to land instability including those areas

defined in the Plan as “land which may be subject to land instability”, or
other unstable soils as identified through a specific site assessment:
(a) the effects of remediating the land instability hazard and the effect of
the hazard on the intended use.
subdivision establishing an esplanade reserve:

(a) the effect of the design, purpose and location of any esplanade
reserve established by subdivision in terms of public access, and the
conservation of coastal and/or riverbank ecological values, natural
values, geological features and landscape features.
subdivision around existing buildings and development; and subdivision in

accordance with an approved land use resource consent:
(a) the effect of the design and layout of the proposed sites created.
all other restricted discretionary activity subdivisions:

(a) the effect of the design and layout of sites to achieve the purposes of
the zone or zones and to provide safe legible and convenient access
to a legal road;
(b) the effect of infrastructure provision and management of effects of

stormwater

(c) the effect on the functions of floodplains and provision for any required
overland flow paths:
(d) the effect on historic heritage and cultural heritage items:
(e) the effect of the layout, design and pattern of blocks and roads in so
far as they contribute to enabling a liveable, walkable and connected
neighbourhood;
(f) the effect of layout and orientation of blocks and sites on the solar gain
achieved for sites created, if relevant;
(g) the effects arising from any significant increase in traffic volumes on
the existing road network;
(h) the visual effect on landscape and on topographical features and

vegetation arising from subdivision of sites zoned Residential - Large
Lot Zone and Residential - Rural and Coastal Settlement Zone;
(i) the provision made for the incorporation and enhancement of land
forms, natural features and indigenous trees and vegetation;
(j) the effect on recreation and open space.
(k) the effect of the design and layout of sites on transport infrastructure
and facilities within roads.
subdivision involving indigenous vegetation scheduled in the Significant

Ecological Areas Overlay:
(a) the matters in E38.12.1(7); and
(b) the effects on the significant ecological area.
subdivision of sites identified in the Subdivision Variation Control:

(a) the matters in E38.12.1(7); and
(b) the effects of the pattern and density of subdivisions on the low-density
settlement pattern of those areas.
PC 78 (see
Modifications)
E38.12.2. Assessment Criteria

The Council will consider the relevant assessment criteria for restricted discretionary
activities from the list below:
subdivision of a site within the one per cent annual exceedance probability
floodplain:

the subdivision and the vulnerability of these uses to flood hazard
events:
(i) whether measures are proposed to ensure the long term

protection of flood plain conveyance functions;
(ii) whether the location and design of development including building

platforms and access ways are located to avoid the hazard;
(iii) the extent to which changes to the landform and the design of
mitigation structures/features are necessary for the subdivision;
and
(iv) refer to Policy E38.3(2).
subdivision of a site in the coastal storm inundation 1 per cent annual

exceedance probability (AEP) area or the coastal storm inundation 1 per
cent annual exceedance probability (AEP) plus 1 metre sea level rise
area:
the subdivision and the vulnerability of these uses to coastal storm
inundation events:
(i) whether the location and design of development including

proposed and existing building platforms and access ways include
the ability to relocate uses within the proposed site area, taking
into account in urban and serviced areas a 1 metre rise in sea
levels;
(ii) whether the use of defences to protect the land and any buildings
or structures on the land from coastal storm inundation are
necessary;
(iii) whether there is any residual risk posed by coastal storm

inundation to the site(s) associated with any existing or proposed
coastal defences;
(iv) whether there are effects on landscape values resulting from

associated built and/or land form modifications required to provide
for the intended use of the site; and
(v) refer to Policy E38.3(2).
subdivision of a site in the coastal erosion hazard area:

the subdivision and the vulnerability of these uses to coastal erosion:
(i) whether public access to the coast is affected;

(ii) the extent to which the installation of hard protection structures to

be utilised to protect the site or its uses from coastal erosion
hazards over at least a 100 year timeframe are necessary; and
(iii) refer to Policy E38.3(2).
subdivision of a site subject to land instability including those areas

defined in the Plan as “land which may be subject to land instability”, or
other unstable soils as identified through a specific site assessment:
(a) the effects of remediating the land instability hazard and the effect of
the hazard on the intended use:
(i) the extent to which the proposed sites are stable and suitable;
(ii) the extent to which the site instability will affect the intended use,
including the provision for onsite infrastructure (where applicable)
and accessways; and
subdivision establishing an esplanade reserve:

(a) the effect of the design, purpose and location of any esplanade
reserve established by subdivision in terms of public access, and the
conservation of coastal and/or riverbank ecological values, natural
values, geological features and landscape features:
(i) the extent to which the design purpose and location of the
esplanade reserve enables public access and the conservation of
coastal and/or riverbank ecological values, natural values,
geological features and landscape features; and
(ii) refer to Policies E38.3(24), (25) and (26).
subdivision around existing buildings and development, and subdivision in

accordance with an approved land use resource consent:
(a) the effect of the design and layout of the proposed sites created:
(i) whether the design and layout of the proposed sites create result
in new or increased non-compliance with Auckland-wide and zone
rules;
(ii) whether there is appropriate provision made for infrastructure;
(iii) whether there is appropriate creation of common areas over parts

of the parent site that require access by more than one site within
the subdivision; and
(iv) refer to Policies E38.3(1) and (6).

all other restricted discretionary activity subdivisions:

(a) the effect of the design and layout of sites to achieve the purposes of
the zone or zones and to provide safe legible and convenient access
to a legal road;
(i) refer to Policies E38.3(1), (10), (12) and (13).
(b) the effect of infrastructure provision and management of effects of

stormwater
(i) whether there is appropriate provision of and adequate access to

existing and new infrastructure, and provision of appropriate
management of effects of stormwater;
(ii) the extent to which drainage reserves are integrated into the layout
of the subdivision and neighbourhood;
(iii) whether the design and implementation of any necessary physical

works including those associated with site preparation works,
infrastructure and access are carried out in accordance with
recognised best engineering practice or in accordance with
Section 2 - Earthworks and Geotechnical Requirements of the
Auckland Council Code of Practice for Land Development and
Subdivision Version 1.6 dated 24 September 2013.
(iv) refer to Policies E38.3(19) to (23).
(c) the effect on the functions of floodplains and provision for any required
overland flow paths:
(i) refer to Policy E38.3(2).
(d) the effect on historic heritage and cultural heritage items:
(i) the extent to which any sites identified in the Historic Heritage
Overlay, or Sites and Places of Significance to Mana Whenua
Overlay are protected or avoided; and
(e) the effect of the layout, design and pattern of blocks and roads in so
far as they contribute to enabling a liveable, walkable and connected
neighbourhood;
(f) the effect of layout and orientation of blocks and sites on the solar gain
achieved for sites created, if relevant;

(g) the effects arising from any significant increase in traffic volumes on
the existing road network;
(i) refer to Policies E38.3(15) to (17).
(h) the visual effect on landscape and on topographical features and

vegetation arising from subdivision of sites zoned Residential - Large
Lot Zone and Residential - Rural and Coastal Settlement Zone;
(i) the provision made for the incorporation and enhancement of land
forms, natural features and indigenous trees and vegetation;
(j) the effect on recreation and open space:
(i) the extent to which reserves and open space are provided and
their integration with the surrounding open space network and
suitability for the intended function and future requirements of the
area;
(k) the effect of the design and layout of sites on transport infrastructure
and facilities within roads
(i) refer to Policy E38.3(15); and
(ii) the extent to which the location and design of driveways and
vehicle crossings compromises access to and the operation of
transport infrastructure and facilities in roads including on-street
parking, bus stops, street trees, network utilities and stormwater
infrastructure.
subdivision involving indigenous vegetation scheduled in the Significant

Ecological Areas Overlay:
(a) the matters in E38.12.1(7);
(i) the assessment criteria listed in E38.12.2(7); and
(b) the effects on the significant ecological area:
(i) whether the legal protection proposed for the significant ecological
area is appropriate;
(ii) whether there are positive effects associated with the protection of
the significant ecological area; and

subdivision of sites identified in the Subdivision Variation Control

(a) the matters in E38.12.1(7): and
(i) the assessment criteria listed in E38.12.2(7); and
(b) the effects of the pattern and density of subdivisions on the low-density
settlement pattern of those areas:
(i) refer to Policies E38.3(27), (28) and (29).

PC 78 (see
Modifications)
E38.13. Special information requirements

There are no special information requirements in this section.

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E38 Subdivision - Urban

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E38 Subdivision - Urban

(3) Land is vested to provide for esplanades reserves, roads, stormwater,

(4) Infrastructure supporting subdivision and development is planned and provided

(5) Infrastructure is appropriately protected from incompatible subdivision, use and

(7) Subdivision manages adverse effects on historic heritage or Maori cultural

(9) Subdivision to protect indigenous vegetation or wetlands is provided for in the

Auckland Unitary Plan Operative in part 1

(3) Require subdivision design to respond to the natural landscapes by:

(a) avoiding building platforms and, where practicable, infrastructure, on identified

(c) locating roads and development to follow land contours.

(4) Require subdivision to be designed to retain, protect or enhance scheduled

Auckland Unitary Plan Operative in part 2

(9) Require any staged subdivision to be undertaken in a manner that promotes

(a) a road network that achieves all of the following:

(i) is easy and safe to use for pedestrians and cyclists;

(ii) is connected with a variety of routes within the immediate neighbourhood

(iii) is connected to public transport, shops, schools, employment, open

(11) Require subdivision to be designed to achieve a high level of amenity and

(a) providing a range of site sizes and densities; and

Auckland Unitary Plan Operative in part 3

(b) limits opportunities to plant street trees; or

(a) encourages low vehicle speed environments; and

(17) Require sufficient road reserves to accommodate the needs of:

(a) different types of transport modes;

(b) stormwater networks;

(c) network utilities; and

(d) lighting, street furniture, landscaping and reticulated infrastructure in a way

Recreation and Amenity Spaces

(c) providing for pedestrian and/or cycle linkages.

(a) to be coordinated, integrated and compatible with the existing infrastructure

(b) to enable the existing network to be expanded or extended to adjacent land

(c) to enable electricity and telecommunications services to be reticulated

(20) Require sites capable of containing a building, in areas where service

Auckland Unitary Plan Operative in part 4

(b) stormwater; and

(c) potable water.

(b) management of wastewater via:

(i) an on-site wastewater treatment system, or

(ii) approval to connect to a private wastewater network; and

(c) potable water.

(22) Require subdivision to be designed to manage stormwater:

(a) in accordance with any approved stormwater discharge consent or network

(b) in a manner consistent with stormwater management policies in E1 Water

(c) by applying an integrated stormwater management approach to the

(e) to maintain, or progressively improve, water quality;

(f) to integrate drainage reserves and infrastructure with surrounding

(g) in an integrated and cost-effective way.

(23) Manage subdivision and development to avoid, remedy or mitigate adverse

Esplanade Reserves and Strips

Auckland Unitary Plan Operative in part 5

(h) a reduced width in certain locations can be offset by an increase in width in

(a) land has limited conservation and recreational value;

(c) the opportunity to acquire an esplanade reserve is unlikely to arise but

Auckland Unitary Plan Operative in part 6

Subdivision Variation Control identified in the planning maps

Subdivision in Special Character Areas Overlay – Residential and Business

E38.4. Activity table

Auckland Unitary Plan Operative in part 7

Table E38.4.1 Activity table - Subdivision for specific purposes