Can I run a business from my property?
Commercial and industrial activities can operate in all zones provided the proposal can comply with the applicable performance standards of the relevant zone.
Particular consideration will need to be given to requirements for:
- Gross Floor area
- Building coverage/impermeable surfaces
- Additional front setbacks (Rural and Maori Purpose Zones)
- Noise generation
- Traffic intensity
- Vehicle access
If any relevant performance standards of the corresponding zone cannot be met, resource consent is required for both the breached standards and the commercial and Industrial buildings standard.
How close can I build to the boundary?
This will depend on the zoning of the property. The required setbacks are given below:
Front Boundary Set Back
Side Boundary setback
Rear boundary setback
|Residential||5m||1x1.5m + 1x3m||3m|
|Industrial & Commercial (adjoining a reserve or Residential zoned site)||--||5m||5m|
|Maori Purpose Land||3m||3m||3m|
Setback requirements will also depend on the type of site. The site types are given below:
Figure 1 - Yards
Note: Paper roads, both formed and unformed are considered public roads. Adjoining boundaries are considered ‘Front’ boundaries.
Other setbacks that may apply
The following setbacks also apply to buildings in all zones;
- 30m from the Coastal Marine Area, lake or river.
- 30m from a railway line within 300m of a rail/road intersection
- 300m from the intersection of a state highway and local road
For sites within the Mangawhai Harbour Overlay and the Kai Iwi Lakes Overlay a 6m setback is required from the banks of any river with an average width of 1-3m.
For commercial and industrial activities on Rural and Maori Purpose zoned sites a front yard setback of 20m is required.
There are exemptions for accessory buildings to be have a nil setback from any side or rear yard in the Residential Zone, where:
- Vehicle access is retained to the rear of the site; and
- It is located at least 3m from any habitable room on an adjoining site; and
- It does not exceed 10m in length or 25% of the length of the side or rear yard, whichever is less
How do I know if my proposed activity is permitted on my site?
The Kaipara District Plan is an effects based plan. As such, there are no tables identifying which particular activities are permitted for each zone. Instead, the Kaipara District Council permit activities based on the extent of their potential effects.
To determine if your proposed development or activity will be permitted under the District Plan you will need to assess your activity against the relevant performance standards listed in each chapter of the District Plan which correspond to the property’s zone.
If there are any performance standards your proposed development / activity cannot comply with, resource consent will be required for the development / activity to occur.
How much of my site can I build on?
There are two key controls that determine how much of your site can be covered by buildings and other coverings:
The portion of the site which is covered by buildings and includes all accessory buildings, balconies, and parts of the site covered by eaves, overhangs or cantilevered structures greater than 1.2m in height.
Impermeable surface Coverage
The portion of the site which does not allow natural percolation of water into the ground and includes roofs, solid or non-slotted decks, any surface used for manoeuvring, access, loading of motor vehicles or parking and any other paved areas.
Maximum coverages are detailed in the District Plan but are summarised below:
Max Building coverage
Max Impermeable surface coverage
|Rural (5ha or less)||--||15% in any 1ha|
|Rural (5ha or less + Overlay)||--||10% in any 1ha|
|Rural (more than 5ha)||--||No specified limit, however, requires water runoff to be collected and disposed of on-site or discharged to an existing watercourse|
|Maori Purpose Land (5ha or less)||--||15% in any 1ha|
|Maori Purpose Land (5ha or less + Overlay)||--||10% in any 1ha|
|Maori Purpose Land (more than 5ha)||--||No specified limit, however, requires water runoff to be collected and disposed of on-site or discharged to an existing watercourse|
How tall can I build my fence?
Up to 2m. Fences higher than 2m will require both building consent and resource consent.
More can be found at Fencing in Kaipara
Most consents have a lapse period of 5 years. If the consent has not been given effect to within the time period, the consent will lapse.
Lapsed consents terminate the permission granted to undertake a development or activity. Once a consent is lapsed there is no means of re-activating this consent.
If the consented activity is still proposed, a new application for consent would be required.
A lapsed consent has no status in the decision-making process for new consent applications on the same site or for a similar proposal.
Can you extend the lapse period of a consent?
You can apply to Council to extend the time period after which the resource consent lapses. When making a decision on a time extension application, the council must consider the following matters
- What, if any, progress or effort has been, and continues to be, made towards completing the consent; and
- Whether the applicant has sought written approval from persons who may be affected by the granting of the time extension; and
- The effect of the time extension on the District Plan provisions.
A subdivision consent will not lapse if a survey plan has been submitted to Council under section 223 prior to 5 years, but will lapse if the survey plan is then not deposited within 3 years following the section 223 date in accordance with section 224.
What does an Overlay mean for my property?
In the District Plan, there are zones for certain development activities. Examples are rural, commercial, or residential zones. There can also be overlays over these zone.
Overlays generally apply tighter controls over an area than the underlying zone does. You can find overlays for your property on the Operative Kaipara District Plan.
For example, 200m3 of excavation and fill in the residential zone is a permitted activity; however, if the site is located within an Overlay area, the permitted volume of excavation and fill is 100m3. Any additional requirements for Overlay Areas are set out within each applicable Performance Standard within the relevant Zone Chapter. For example, the Performance Standard for ‘Excavation and Fill’ can be found under Rule 13.10.1a in Chapter 13 – Residential.
What is the Maximum height I can build to near the boundary?
The permitted height of a building or structure in relation to the location of the boundary is prescribed by the recession plane demonstrated in Figure 3. No part of any building should exceed a height of 3m plus the shortest horizontal distance between that part of the building and any site boundary
Figure 3 – Height in Relation to Boundary / Recession Plane diagram
The maximum height of a building in relation to the boundary depends on the zoning of the property. This is detailed in the District Plan and summarised below:
Boundaries rule is applied to
|Residential||Boundaries adjoining Residential zone and Reserves|
|Commercial & Industrial||Boundaries adjoining Residential zone, Treaty Settlement Land and Reserves|
|Maori Purpose Land||Boundaries adjoining Rural zone|
What is the Maximum height I can build to?
The maximum height of a building / structure depends on the zoning of the property. Maximum heights are detailed in the District Plan but are summarised below:
|Maori Purpose Land||10m|
|Maori Purpose Land (Overlay)||8m|
|Outstanding Natural Landscapes (All Zones)||8m|
The Maximum height is measured vertically above natural ground level at any point on the site, as shown in Figure 2 below.
Figure 2 - Building Height (rolling height method)
Where can I build an accessory building on my property?
An accessory building is any building that is secondary to the main function or permitted use of the site.
Accessory buildings can include such buildings as;
- Detached garages
- Garden or small storage sheds
- Sleep outs
Accessory buildings are required to comply with the relevant zone’s setback standards except in the Residential Zone.
There are exemptions for accessory buildings to have a nil setback from any side or rear yard in the Residential Zone, where:
a) Vehicle access is retained to the rear of the site; and
b) It is located at least 3m from any habitable room on an adjoining site; and
c) It does not exceed 10m in length or 25% of the length of the side or rear yard, whichever is less.
Where can I place my water tanks on my site?
Water tanks are considered a building under the District Plan and therefore must comply with the building setbacks of the relevant zone.
For sites in the Residential zone water tanks are considered to be accessory buildings and may be located within a side or rear yard provided they do not exceed the height in relation to boundary controls of the District Plan i.e. a water tank positioned right up to the boundary of a residential site must not exceed 3m in height.
Water tanks may be positioned close to another building on the site such as a dwelling or garage however a maintenance gap must be provided between the tank and the building (see Figure 4). The two structures must not be abutted against each other.
Figure 4 – Required Maintenance gap between water tank and dwelling
Can I build a second dwelling (including minor dwelling, granny flat or tiny home)?
A ‘dwelling’ is defined in the Kaipara District Plan as:
“Any self-contained residence of one or more persons as a single household which in each case contains one kitchen, and includes any dwelling house, flat, home unit or townhouse or papakainga housing on ancestral land, but does not include a sleep out.”
Each zone has rules about how many dwellings can be allowed on different size properties without resource consent and what we will consider when assessing any application if resource consent is required.
Does the Kaipara Spatial Plan - Ngā Wawata 2050 allow development?
The Kaipara District Spatial Plan – Ngā Wawata 2050 was adopted in December 2020 and provides direction for growth across the Kaipara District over a 30-year planning horizon. The Spatial Plan identifies a strategy for longer term growth in the district, including identifying new areas of development and opportunities for greater density.
However, it does not have any statutory weight in the resource consent process.
Read more to see how it is used.
What are 'Ecological' Environmental Benefit Subdivisions?
‘Chapter 24 – Definitions’ of the District Plan provides a definition of ‘EEB’ which categorises three types of ‘feature’:
- Existing indigenous habitats: this includes stands of established indigenous vegetation or predominantly indigenous vegetation. This may include habitats identified by Department of Conservation’s Protected Natural Areas programme, or areas evaluated by a suitably qualified ecologist to confirm the composition of flora and fauna with consideration to Appendix 25G of the District Plan;
- Wetlands of ecological value: this includes wetlands identified by Department of Conservation’s Protected Natural Areas programme, or where ecological value is unknown, it has been evaluated by a suitably qualified ecologist to demonstrate ecological value, with consideration to Appendix 25G of the District Plan. Wetland delineation, in accordance with the New Zealand wetland delineation guidelines, may be required where the extent of the wetland is ambiguous (e.g. modified wetlands).
- Newly planted or enhanced areas of indigenous re-vegetation: this includes areas which, in the opinion of a suitably qualified ecologist, strengthen to existing ecological corridors, expand other natural areas or are identified through Council’s Reserves and Open Space Strategy, with consideration to Appendix 25G of the District Plan.
Read more to see how we assess these applications and how you can put forward your best application.