Multi-unit Development in MRZ

In the Medium Density Residential Zone (MRZ), which specifically provides for multi-unit development, we acknowledge that the District Plan rules and the process to be followed to achieve it are unclear.  The following process and interpretation guidance has been developed to assist you. We recognise that it is not entirely ideal, but it does provide a clear, linear process and greater certainty for all.

Multi-unit Process Guidance:

Step 1
For more than three units, obtain a 5 Waters Infrastructure Servicing Certificate – apply at Selwyn District Council - Five Waters Infrastructure Servicing Application.

Step 2
A pre-application meeting is strongly recommended for all of these – we would advise that it is necessary to ensure a smooth process. This meeting will address any planning, urban design and servicing/engineering issues before applying for Engineering Acceptance.

Step 3
Apply for Engineering Acceptance – see Selwyn District Council - Engineering Acceptance.  (For more than three units, the 5 Waters Infrastructure Servicing Certificate must be included with the application for Engineering Acceptance.)

Step 4
If a Flood Assessment Certificate (FAC) has not already been issued for the site – apply at Selwyn District Council - Flood Assessment Certificates and it will be processed by the Engineers concurrently.

Step 5
Once the Engineering Acceptance and FAC have been issued, apply for building consent or resource consent, including a copy of the Engineering Acceptance letter, stamped plans and the FAC.

Interpretation Guidance:

There are two types of subdivision in MRZ (under Rule SUB-R1.5): Vacant and Non-vacant.

1. Vacant subdivision is when an applicant is proposing to simply subdivide vacant land without building commitment.
2. Non-vacant subdivision is when an applicant is proposing specific unit designs in conjunction with subdivision, and those units will be built to pre-line inspection prior to the s 224 Completion Certificate being issued.
   (Those units may already be consented by Council, and this information would be provided with the non-vacant subdivision application, or the unit designs may simply be provided for the first time with the non-vacant subdivision application.)

FAQs for MRZ Development:

A. What is the site for the purposes of subdivision and land use, e.g. do you need to apply the building coverage rule to each unit within its proposed site at subdivision?

The rules are not perfect, and we have had to interpret them as best we can at this stage. They will be reviewed and a Variation developed to clarify and streamline.  In the meantime, please use the following interpretations.

We think in terms of sites and allotments – see diagrams below.

The site to consider for the land use rules is the parent title that is seeking to be developed, the diagram on the left.  This means that the land use rule interpretations are as follows, whether at the time of building, land use or subdivision consent – the rules apply in the same way throughout the process:

1. Number of units (MRZ-REQ2) is applied to the site, not to each proposed allotment.
2. Building coverage is applied over the site, not over each proposed allotment.
3. Setbacks are applied to the boundaries of the site, not to the boundaries of each proposed allotment.
4. Vehicle crossings are applied to the site, not each proposed allotment.  (In the site diagram above, two crossings might be proposed, e.g. one for the accessway and one for the front lot – land use consent would be required for more than one crossing.)
5. Road formation/Accessway widths – will now be addressed at building consent and resource consent stages.
   We changed this recently, so this will be new to many of you – the interpretation was changed to solve a problem that you raised with us.
   There is a rule that requires a road be formed where access is shared to more than four sites (TRAN-REQ7.16A), regardless of the number of units intended.  There are also minimum accessway widths (TRAN-TABLE3).  We were applying these in a way that meant there was only a non-compliance if an applicant chose to subdivide, and this land use aspect could only be applied for at subdivision stage – this was a problem for many of you, as you could end up obtaining land use consent and building the units without knowing if your accessway would actually be consented, and we understand that issue.
   We were advised that the intent was that a road was required for more than 12 units, but the rule instead refers to four sites – this will need to be reviewed and changed as soon as possible.  To assist you right now, we will apply this rule as essentially meaning ‘Where access could be shared to more than 12 units (4 sites x 3 units) this shall be via a road’.
   The accessway widths (TRAN-TABLE3) will also apply to the potential number of units, whether or not an applicant is subdividing. One site can contain a maximum of three units as a permitted activity, two sites - six units and 4 sites - 12 units. Therefore, our interpretation of TRAN-TABLE3 is as below.
   This means that all MRZ multi-unit development plans will now be checked for accessway compliance at building consent and resource consent, whether subdivision is intended or not, and land use consent may be required.
   An applicant will now be able to apply for accessway non-compliance at the time of land use application if desired – no need to wait for the subdivision application.

B. What is the process for Vacant subdivision that does not meet the required dimensions?

If a proposed allotment does not meet the minimum dimensions of 16m x 23m (as a rectangle), which was considered the minimum ‘ground level activity footprint’ for 1-3 units, the following process will be followed:

1. A pre-application meeting is strongly recommended for all of these – we would advise that it is necessary to ensure a smooth process. This meeting will address any planning, urban design and servicing/engineering issues before application.
2. The subsequent subdivision application will be assessed by an Urban Designer, using the relevant subdivision assessment matters and objectives and policies of the District Plan, e.g. SUB-MAT1, 2, 9, 10.  If there are concerns, the following may be requested:

   a) specific unit designs (site plan, floor plan, elevations) to demonstrate compliant and high-quality outcomes are achievable on the under-dimensioned allotment(s) – noting that these will be conditioned to being built to pre-line inspection prior to s 224 Completion Certificate,

   b) certain unit typologies on certain lots, e.g. in terms of number or orientation of units, noting that these will be conditioned/consent noticed,

   c) an urban design assessment by a suitably qualified and experienced expert, or

   d) further discussion or redesign.

3. The applicant will then decide how they wish to proceed, and what proposal they wish to be assessed, and we’ll move forward from there.