Sewage overflows disrupt Government edict for greater intensification in Auckland

The protection of early homes versus more intensification has been a hot-button issue with the Government's new intensification rules. Photo / Jason Oxenham

Large areas of suburban Auckland are being excluded from Government-imposed rules for greater intensification because water infrastructure cannot handle more housing.

Newly released papers show areas on the Hibiscus Coast, lower North Shore suburbs, including Devonport; Henderson-Massey, Howick, Mt Eden, Herne Bay, Grey Lynn and Ponsonby have serious water, wastewater and stormwater constraints.

Because of this, Auckland councillors voted today to make these constraints a "qualifying matter", a get-out-of-jail card from the Government's intensification rules.

The council's planning committee also took the final step to notify changes to the city's planning rules to meet the Government standards. Fourteen councillors were in favour and seven abstained.

Sewage overflows are behind a qualifying matter to limit the Government's new intensification rules. Photo / Dean Purcell

The impact of the changes on the Unitary Plan will be massive, said senior council planner John Duguid. An officers' report said the new rules pose a threat to the council's plans for a compact city and climate outcomes.

Planning committee chairman Chris Darby criticised the Government for hatching a centralised, undemocratic model when "localised urbanism is the future".

The most contentious issue is a long-running culture war over the city's urban identity between residents who want to preserve the city's kauri villas and bungalows and advocates pushing for greater intensification.

On June 30, councillors voted for a middle ground to retain protection for many of the 21,000 early wooden homes, but rezone about one in four of them for higher density housing.

Heritage and community groups, supported by 10 councillors who lost a vote 11-10 to push for greater protection rules, are horrified at losing a big chunk of the "Special Characters Areas"(SCAs), while groups like the Coalition for More Homes want fewer SCAs.

The planning rules shake-up stems from the Government losing patience and confidence in the big councils' ability to address the housing crisis.

Auckland councillor Shane Henderson said young people are in despair at the lack of action on climate change. Photo / Sylvie Whinray

As a result, the Government issued a National Policy Statement on Urban Design (NPS-UD) in 2020 requiring councils to allow for apartment buildings of at least six storeys in major town centres and near rail and bus stations.

The second measure, cooked up between Labour and National last year, allows people to build up to three homes of up to three storeys high on most sites without a resource consent. Gone is the single housing zone to be replaced by Medium Density Residential Standards(MDRS).

But the Government has given councils the ability to apply "qualifying matters" outside the intensification rules. Last month, the planning committee resolved that areas with significant long-term infrastructure constraints should be investigated as a qualifying matter.

Council-owned Watercare considers there are significant effects arising from the Government's new intensification rules on properties in the single-house zone in the Unitary Plan that justify creating a qualifying matter.

They include reduced levels of service for water supply, increased sewage overflows, having to decline or significantly delay applications from developers for new connections and reputational damage with communities and Mana Whenua.

Two maps prepared by Watercare show where water supply and/or wastewater constraints exist in existing single house and the terraced housing and apartment zone. For example, it could be the mid-2030s before new water connections make it feasible to intensify around Devonport and Northcote Point, and a pump station serving Henderson and Massey is already over capacity and causing sewage overflows. It is not due to be fixed until 2035.

People will be able to build three houses on a site without a resource consennt. Photo / File

The council's Healthy Waters stormwater division has also identified sites in the central isthmus that have no ability to connect to the public stormwater network and constrained ground soakage capacity, including an area in Mt Eden.

Under the qualifying matter for Three Waters, anyone wanting to build more than one dwelling on a site with water, wastewater or stormwater constraints would need resource consent so the council can manage the potential effects of further intensification.

Councillor Chris Fletcher said the Government rules are an attack on local democracy, saying it will not deal with housing affordability and the infrastructure costs are going to be unprecedented.

Waitakere councillor Shane Henderson, a staunch advocate for more intensification close to the city centre, said young people are in despair at hearing a lot of talk but not much action on climate change and it's council's job to build a better future for them.

"Central Auckland has 15 rapid transit bus routes. Through this whole process we have heard 'more housing for thee, but not for me'," he said.

For all the Government's talk about climate, said councillor Wayne Walker, its legislation for greater intensification will achieve the opposite by locking in development anywhere with no design controls.

In a heartfelt speech, councillor Josephine Bartley felt for people who cannot afford to buy a house, people living in a car, garage and emergency accommodation.

"I hope we don't lose sight of the unfairness that exists in the city," she said.

Planning committee chairman Chris Darby. Photo / Dean Purcell

The new intensification rules do not apply to settlements in rural areas with a population of fewer than 5000 people - Helensville, Clarks Beach, Glenbrook Beach, Karaka, Maraetai, Riverhead, Snells Beach, Algies Bay, Wellsford, Kingseat, Te Hana, Parakai, Matakana, Whitford, Waimauku, Patamahoe, Stillwater, Kawakawa Bay, Omaha, Point Wells, Waiwera, Clevedon, Okura, Kumeu-Huapai.

The council must now notify changes to the Unitary Plan by August 20 when the Government's new intensification rules of building up to three houses and qualifying matters come into effect. It is envisaged public submissions will be open from August 18 until September 29.

The submissions will be considered by an independent hearings panel, which will make recommendations in time for the council to make final decisions by March 31, 2024.

If the council rejects any of the recommendations, Environment Minister David Parker will have the final say. The process does not allow for appeals to the Environment Court.