L18 - Auckland Council and plan making process

Population Growth Figures (1919 - 2009):
- Population growth is illustrated with data showing key performance indicators:
- Natural Increase and Net Migration as factors contributing to growth.
- Net Migration was a significant aspect of Auckland’s population dynamics during this period, particularly notable figures include: 70,000 (peak).

Failure of the Regional Growth Strategy:
- Identified Problems:
- Structural Impediments: Dysfunctional inter-relationships between local, regional, and central government.
- Key Infrastructure Delays: Significant projects (wastewater and rail electrification) lagged behind in support of population intensification.
- Lack of Coordination: Poor infrastructure coordination among providers and financiers.
- Local Politics: NIMBY (Not In My Back Yard) sentiments hindered growth.
- Consequences of Failure: The shortcomings of this growth strategy contributed to the establishment of the Auckland Council.

Establishment Date: 01 November 2010.
Type: Amalgamation into a unitary authority combining one regional council with seven territorial authorities.
Structural Composition of the Council:
- Governing Body: Consists of:
- A Mayor elected by all Auckland residents.
- 20 Councillors elected based on wards.
- Local Boards: 21 local boards with members elected by local voters.
- Focus of Governance: The council aims for shared responsibilities while retaining distinct focuses for both the governing body and local boards.

Local Democracy Issues:
- Issues with potential central government agendas to limit local governance.
- Reduction in local representation due to fewer Councillors leading to unequal representation, especially between urban and rural wards.
- Limited powers afforded to Local Boards as a structural concern.
- Encounter governance issues with Council-Controlled Organizations (CCOs).
- Absence of dedicated Māori wards leading to representation concerns.

Local Government (Tamaki Makarau Reorganisation) Act 2009:
- Established the new council and disestablished previous councils.
- Formed a transition agency facilitating the change.
Local Government (Auckland Council) Act 2009:
- Addresses council structure and operations.
- Mandates the adoption of a Spatial Plan, known as the Auckland Plan 2050.
Local Government (Auckland Transitional Provisions Act) 2010:
- Establishes transitional arrangements and special provisions guiding the initiative of the Auckland Unitary Plan.

Spatial Planning Requirement:
- Purpose: Contributes to Auckland's social, economic, environmental, and cultural well-being.
- Strategic Directions: Design shows integration of various objectives, setting high-level strategies aligning with planning agencies.
- Comprehensive Planning Period: Encompasses a long-term timeframe of 20 to 30 years for future development of Auckland.
Key Objectives of the Auckland Spatial Plan (auckland plan) include:
- Integration of different community objectives.
- Determining infrastructure requirements based on the strategic overarching plan.

Six Key Outcomes Identified:
1. Belonging and Participation
2. Transport and Access
3. Māori Identity and Wellbeing
4. Homes and Places
5. Environment and Cultural Heritage
6. Opportunity and Prosperity
Development Strategy: It outlines specific zoning and development strategies across various key areas within Auckland, including recreational and infrastructural zones.

Strategic and Regulatory Document:
- Functions as Auckland's planning rulebook encompassing:
- Environmental protection measures.
- Rules governing land development.
- Infrastructure zoning provisions.
- Comprehensive Replacement: It replaces 14 legacy plans and consolidates regional and local planning frameworks into one document.

AUP as a Product of Unique Process:
- Described as NZ’s most rapid planning process, completed within 3 years.
- Emphasizes the importance of participatory and representative democracy during planning stages.
Key Elements of Process:
- Modified submission periods and public hearing structures.
- Transitioned from Councillors to Independent Hearings Panel for decision-making.
- Legal restrictions on appeals to Environment Court and associated timelines.

Mandates Councils to Zone for Higher Density:
- Requirements include zoning land for density within a walkable distance of:
- Train stations.
- Auckland CBD.
- Metropolitan centers.
Implications of Zoning Decisions:
- Introduction of regulations around six-storey buildings as a minimum within specified catchments, with identified exemptions based on heritage and infrastructure conditions.

MDRS (Medium Density Residential Standards):
- Establishes maximum parameters which include:
- Maximum Building Height: 11m.
- Site Coverage: 50%.
- Landscaping Requirement: Minimum of 20%.
Immediate Legal Effects and Subsequent Regulations:
- Immediate legal impact upon notification of plan change.
- Consenting decisions need to be adapted based on changed regulations for less than four dwellings.

Rationale and Impact:
- Addressing strategies for higher-density zoning and natural hazard management.
- Focus on development strategies centralized around urban hubs.
Engagement Timeline:
- Initial Ministerial communication expected by October 10, 2025, followed by public notifications and consultations for feedback.

Strategic vs. Regulatory Influence: Discussions on how the Auckland Plan 2050 affects local decisions.
Role of NPS-UD: Examine how mandates can both challenge and reinforce existing frameworks of local planning.
Navigating Qualifying Matters: Explore how councils address the balance between growth and heritage protection.
Transitional Challenges: Address practical issues faced by planners amid staggered legal effects of planning rules in transition.