Applying the rules - District Plan

The following provides a general guideline to applying the rules. More specific guidelines can be found throughout the Plan. Alternatively you can download the PDF.

The general approach of this Plan is to control the effects of activities, rather than the activities themselves. There are specific references to activities (for instance, some retail activities), but generally the Plan divides activities into only two categories:

• "Residential Activities", and
• "Non-Residential Activities"

These terms are defined in the Plan.

Most rules within the Natural Areas Rules and the Human Environments Rules will apply to "Any Activity" (i.e. a Residential Activity or a Non-Residential Activity) - but there are some rules that may apply only to a Residential Activity or only to a Non-Residential Activity. The individual rules make it clear which type of activity the rule relates to (see the "General" Rule at the beginning of most rules pages).

Step 1

Locate the site on the Natural Areas Maps and the Human Environments Maps. Note the Natural Area which applies, and also any natural landscape element. Note the Human Environment which applies, and any heritage, designation or scheduled site notation. If there is a particular notation on the maps, refer to the relevant part of the Plan containing rules in respect of that notation (see the main index at the front of the Rules Section and Contents pages within the different parts of the Rules Section).

Step 2

Refer to the Roading Hierarchy Map. Note any requirements that apply to the site or the area in which the site is located.

Step 3

Check to see whether the site is in a Natural Hazards Area (information is available from the Council). Refer to the Natural Hazards Rules if it is.

Step 4

Determine whether the activity is a Prohibited Activity (see City-Wide Rules on Prohibited Activities). If it is, then the activity is not permitted and no resource consent application can be made.

Step 5

Determine whether the activity is a subdivision or a "Residential Activity" or a "Non-Residential Activity". (refer to the Definitions for meanings of these terms).

Step 6

Check the relevant rules in the City-Wide Rules, the Natural Areas Rules, and the Human Environments Rules. The activity must comply with all relevant rules in order to be permitted as of right.

Step 7

Under each of the relevant rules, the activity proposed will be either a Permitted Activity, a Controlled Activity, a Limited Discretionary Activity, a Discretionary Activity or a Non-Complying Activity. A resource consent is required for all activities other than Permitted Activities. If, under a particular rule, an activity is a Permitted Activity, then there is no need for a resource consent application in terms of that rule. However the activity may still require a resource consent under another rule. Refer to the relevant rule page and the City-Wide Rules of the Plan for guidance on resource consent applications.

Note: Written approval of the landowner, Waitakere City Council, Auckland Regional Council or Department of Conservation will be required in relation to any proposed activity in the Open Space Environment, and including land that is managed by the Auckland Regional Council.

Step 8

Once it has been established that all relevant rules are met, or resource consents have been granted, and the other requirements of the Plan are also satisfied, then the activity may proceed.

Note: Approvals under other legislation, e.g. the issuing of a building consent or a resource consent from the Auckland Regional Council, may be necessary.

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