Auckland Council has notified Devonport residents by letter of a proposed plan change which seeks to “clarify the relationship between the Special Character Areas Overlay (SCAO) and the underlying zone provisions in the Auckland Unitary Plan”.
This proposed change is referred to as Plan Change 26 and relates to Chapter D18, special character areas overlay - residential and chapter E38, subdivision - urban of the Auckland Unitary Plan.
Residents have the opportunity to make a submission on this change. The deadline for this is 28 June (this has now been extended by 2 weeks to the 12th July). Details here on Auckland Council website with the online form to make a submission accesses here or you can download a form to complete and post.
As a background, this proposed change is the direct result of the blunder brought to light last year when hundreds of resource consents were found to be invalid. The heart of the problem outlined at the time was that the rules for the underlying Single Housing Zone (SHZ) as defined in the Auckland Unitary Plan which applied broadly across Auckland was found to be in conflict on specific matters to the Special Character Areas Overlay (SCAO) that is in place to protect the special heritage of suburbs in Auckland such as Devonport. Each of these sets of ‘rules’ had differing metrics and there was no clear instruction as to which prevail. The fact was that applicants and planning consultants had to assume that the most stringent rule should apply from both the SCAO and SHZ.
The Council now wish to solve this anomaly and propose that the SCAO prevail. This may seem simple and expedient, however this decision has significant implications that could affect the heritage of Devonport whilst seeming to protect this heritage.
There are 2 key issues that are judged by Devonport Heritage to be critical (i) Height in relation to boundary and (ii) the rear yard setback.