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Source: Auckland Council

Auckland Council continues to prioritise working with resource consent holders affected by the Special Character Areas Overlay resource consent issue.

The issue arose from inconsistent wording of the rules in the Auckland Unitary Plan for resource consents for properties zoned ‘Single House’ and where a ‘Special Character Areas Residential Overlay’ applies.

Between 1 December 2016 and 19 December 2017, the council’s practice was consistent with external legal advice it had obtained to determine the correct interpretation of the rules. This practice was to apply only the Special Character Overlay rules, the related underlying Single House zone rules were not considered.

The council also asked the Environment Court to clarify the rules. The court decided that both the Special Character Areas Overlay rules and the underlying zoning controls must apply.

Two weeks ago, the council began contacting people granted a resource consent under the Special Character Overlay rules within the affected time frame to let them know of a potential issue with their consent. All resource consent holders that the council has identified as being potentially affected have been contacted.

The council is undertaking a thorough analysis of all Special Character Overlay resource consents and is working with affected resource consent holders to address their specific consenting issues.

Where required, this includes working with consent holders on how to amend their design to reduce any amenity impacts of their proposed development on neighbouring properties, and facilitating mediation between consent holders and neighbours if needed.

We strongly encourage people who have been contacted by the council to get hold of us and let us know what stage they are at with implementing their consent.

For more information on the Special Character Areas Overlay issue visit OurAuckland.