​New rules for building homes in Te Puke and Ōmokoroa

These are standards for development of residential properties that will enable more housing to be built by removing some resource consent requirements. They cover things like how high a building can be, how close to the property boundary, how much outdoor space and landscaping needs to be provided on the site. There are nine standards with various criteria. Provided the standards are met, the development will be a ‘permitted activity’, which means resource consent isn’t required. Building consent is still required. More information is available on the Ministry for Environment's website.

Central government introduced new legislation at the end of 2021, requiring councils to make changes to their planning rules to enable more housing to be built. These new rules had to be notified by 20 August 2022.

Read more about the legislation on the Ministry for the Environment website.

The housing rules being driven by central government are legally binding from 20 August 2022. They apply to the existing residential areas in Te Puke and Ōmokoroa.

Council has also drafted additional rules to support medium density housing. They are proposed to ensure that everything you told us you love about your neighbourhood is protected. These proposed rules do not have immediate legal effect. Read about these changes in detail at westernbay.govt.nz/plan-changes

You won’t see changes in your neighbourhoods overnight. While these rules make it easier to build more homes faster, building still takes some time to complete. Our neighbourhoods will look differently a decade from now, as changes today make it easier to add a unit in your backyard, subdivide, build up three storeys and build townhouses.

Provided the nine standards outlined above are met, the development will be a ‘permitted activity’, which means a resource consent isn’t required. Before these new rules, any development on an existing property that already had a house on it required resource consent, including building a minor dwelling.

If the site isn’t being subdivided and all nine of the standards are met, then the process will be to get a building consent. However, for any subdivision of a site, or if any one of the standards isn’t met, a resource consent is still required. It pays to check with Council early on to get an understanding of how the new rules will apply to your particular plans.

If you have any pātai (questions) about what this means for you, get in touch with us.

These standards are being introduced in Te Puke and Ōmokoroa only as they are the two towns in our District that fit the brief for central government’s new law.

The MDRS will only apply in urban environments, which are defined in the legislation as any area of land (regardless of size) that:

• Is, or is intended to be predominantly urban in character, and
• Is, or is intended to be part of a housing or labour market of at least 10,000 people.

Te Puke does not have enough affordable housing, smaller houses for single people or couples, or houses where multi-generations can live. The MDRS makes it easier to subdivide, build a secondary dwelling, or redevelop a site into townhouses. This means more housing can be provided to meet the needs of local people.

In Ōmokoroa, our community have asked for houses where elderly whānau and first home buyers can settle. The MDRS paves the way for us to create options for these groups here that meet their unique needs too.

Other benefits of the MDRS may include:

• Better affordability of homes
• Increased access to employment, transport, and community facilities such as libraries
• Less urban sprawl
• Enabling multi-generational family living
• Better use of already existing infrastructure, and
• More choices for housing.

Council is also able to introduce other supporting rules in addition to the density standards that enable the kind of quality residential outcomes we want for our towns.

Proposed supporting rules include those related to earthworks, fencing, infrastructure, stormwater management and subdivision.

These new housing rules, being driven by central government, will enable us to support our diverse Western Bay whānau into housing that is suitable for their needs at an accelerated pace. When we spoke to Te Puke and Ōmokoroa locals earlier this year, a need for homes that provide for first home buyers and elderly were highlighted as a priority. These rules enable us to provide options for these groups and more.

Read a summary of the feedback received from Te Puke and Ōmokoroa.

Submissions are now closed. There will be an opportunity for further submissions in October 2022.

Any hearings required after submissions close will take place from March 2023, before a decision is notified by August 2023.

• 20 August - Plan change formally notified, formal submissions opened
• 16 September - Submissions closed
• September/ October - Submissions summarised
• October - Opportunity for further submissions (10 working days)
• From March 2023 - Hearings by independent panel
• By August 2023 - Decision notified.

There is no provision for appeals to the Environment Court.

These timelines are set by the Intensified Streamlined Planning Process (ISPP) as prescribed in the Resource Management (Enabling Housing and Other Matters) Amendment Act 2021, Subpart 5A.

If you would like support with your submission, the Minister for the Environment has provided funding for an independent ‘Friend of Submitter’ service to help you have your say.

Belinda Messenger has been appointed to this role. Belinda is a qualified, fully independent planner, who was not involved in developing the plan changes.

Belinda can advise people who don’t have professional assistance on the process for lodging submissions, how you can present your views, and the steps after a submission is lodged. It is not the role of the Friend of Submitter to advise on the merits of the plan changes, or to write your submission for you.

There is no cost for this service. If you require assistance from Belinda, you can contact her using the details below:

Belinda Messenger email or phone us.

The NoR follows the provisions of the Resource Management Act S168.

The following steps apply:

• Submissions: 20 August to 16 September
• Hearing: A joint hearing will be held with the Plan Change.
• The Independent Hearings Panel makes a recommendation to Council (as the Requiring Authority) that can accept or reject the decision.
• The decision in (iii) above is able to be appealed to the Environment Court.

We spoke to locals in Te Puke and Ōmokoroa earlier this year and asked what parts of their neighbourhood they would like to see retained even if more people moved to the area.

In Te Puke, locals shared their love of the small-town feel. They also spoke about wanting to protect mature trees and green spaces, especially if the population was to become denser. To read about what else the Te Puke community values, read the full report here.

In Ōmokoroa, the community told us they would like to see the village feel protected and the character remain. Locals told us they wanted to see green spaces maintained and wildlife protected too. Read more about what locals said here.

Council is focused on safeguarding these aspects that are important to the communities, while balancing this with a demand for housing in these areas.

Council have developed a ‘Residential Design Outcomes’ guide which provides information on how to achieve quality residential developments. This guide will contribute towards creating neighbourhoods that are efficient, connected and compact in urban form which will help protect the look and feel of Ōmokoroa and Te Puke. Read the guide.

Previously, any development on an existing residential property that already had one house on it required a resource consent, including building a minor dwelling.

Now, if your plans meet all nine standards and the site isn’t being subdivided, you only need a building consent. If your site is being subdivided, or any of the nine standards are not met, a resource consent will be required.

Please check with us as early as possible to get an understanding of what’s required now if you are making plans. You can contact us here.

This depends on the type of development you are hoping to do.

If the site is not being subdivided, and it meets all nine standards, please seek building consent.

However, if you are subdividing the site, or any of the nine standards are not met, you will still need resource consent as well as building consent.

If you have any pātai (questions), please get in touch with us as early as practical to check how the rules may apply to your plans. Find out more about the building consent process and resource consent process.

If the building plans meet all of the nine MDRS standards you will not be notified.

The MDRS also requires council to make subdivision a controlled activity for the purpose of the construction and use of residential units. This means resource consent would still be required but cannot be declined. This allows landowners to create lots around existing or planned residential units (in accordance with the density standards). No minimum lot size or shape requirements will apply. These changes are proposed but won’t have immediate legal effect until decisions are made on the Plan Change.

Any form of glazing is acceptable as the level of transparency is not specified in the standard.

We consider this standard should only apply to the street-facing façade being the part of the residential unit (where people live) and not the part of the building that is clearly a garage and used as such.

We expect in the order of 25 ‘infill’ houses a year, and mostly in Te Puke. Ōmokoroa has greenfield land for housing development that is expected to enable enough housing to satisfy demand for a number of years.

Council has checked out the capacity of all the infrastructure. Any necessary upgrades are included in the Plan Change and factored into the financial contributions which are paid for each new development to help fund those upgrades.

Existing Financial Contributions will apply to all developments that require a resource consent. These are contained in the 2022/2023 Annual Plan.

The proposed financial contributions are as follows (excl GST).

A new rule has been introduced to charge financial contributions for permitted additional residential units (the second and third on a site) where previously a resource consent would be needed to impose a financial contribution condition. These will be charged at building consent stage (when the consent is issued). An order has been issued by the Environment Court in response to an application from Council that provides for the charging of financial contributions from the date of notification for permitted additional residential units.

Since April 2022, we’ve been providing information and engaging with communities in Te Puke and Ōmokoroa, where these changes are being formally notified. We’ve had drop-in sessions, one-on-one sessions online, we’ve run a specific survey and suggestion board where any interested people could share their views. We’ve also engaged specifically with housing providers and property developers, and tangata whenua.

Find the summary of feedback we received from Te Puke and Ōmokoroa earlier this year at yourplace.westernbay.govt.nz.

These rules have been formally notified, and the opportunity for our Western Bay whānau to make submissions closed on 16 September. Head to westernbay.govt.nz/plan-changes to read more about the plan change.

Central government requires Council to incorporate the nine medium density residential standards mentioned above. However, Council is also able to introduce other supporting rules that enable the kind of quality residential outcomes we want for our towns. These proposed changes to the District Plan still need to go through a formal plan change process.

The plan change process includes submissions, a hearing, a planners report (which summarises all of the findings and provides a recommendation) and a decision. The hearing will be heard by a panel of independent commissioners.

Check out

• Residential Design Outcomes - our new how-to guide for designing quality residential areas in the Western Bay of Plenty.
• New Rules for Building Houses info sheet - the MDRS rules explained.
• New Rules for Building Houses Your pātai/questions answered - FAQ sheet.
• Summaries of feedback from Te Puke and Ōmokoroa communities.
• Ministry for the Environment website.