Before the Auckland Unitary Plan Independent Hearings Panel

In the matter of:

Evidence In Rebuttal and Legal Submissions lodged to

the Proposed Auckland Unitary Plan

Regarding:

Topics 059, 060, 062 and 063 Residential Objectives and

Policies, activities, development controls and controls
and assessment

Memorandum of Clarification from Benjamin Ross

Dated: 16th October, 2015

Benjamin Ross
Submission: 1606 - 1, 3, and 5
E: Ben.R001@gmail.com
M: 022 336 4789

Benjamin Ross: Memo to Unitary Plan Hearings Panel Topics 059-063

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May It Please the Panel

1. This Memorandum of Clarification is lodged by myself (Benjamin Ross) in

regards to:
a. Evidence In Rebuttal of Nick Roberts for Auckland Council, Topics 059063, dated 6 October 2015, paragraph 4.14 which stated:
i. Benjamin Ross seeks the replacement of SH, MHS, MHU and
THAB zones with seven new zones that will enable much higher
intensification in the higher level zones (up to 60m+ height). I
consider that the heights and level of intensification proposed is
not appropriate at this time to apply to Aucklands existing
residential areas. This level of intensification would not
appropriately manage change in existing residential areas, or
provide for reasonable levels of amenity for existing residents
adjacent to new developments, and would therefore not meet
the RPS objectives. I support the zoning strategy as set out in
my EIC.
b. Paragraph 9.11 of LEGAL SUBMISSIONS ON BEHALF OF
AUCKLAND COUNCIL FOR TOPICS 059 RESIDENTIAL OBJECTIVES
AND POLICIES; 060 RESIDENTIAL ACTIVITIES; 062 RESIDENTIAL
DEVELOPMENT CONTROLS AND 063 RESIDENTIAL CONTROLS
AND ASSESSMENT which stated:
i. Mr Ross has provided evidence on his own behalf in a personal
capacity. In his evidence, Mr Ross seeks the replacement of
SHZ and the MHS, MHU and THAB zones with seven new
zones in order to enable much higher intensification in the
higher level zones. Mr Roberts considers that the height and
intensification levels proposed by Mr Ross (some up to 60m plus
in height) are not (currently) appropriate to be applied to
Aucklands existing residential areas, for the following reasons:
a) they would not manage change in existing residential
areas;

Benjamin Ross: Memo to Unitary Plan Hearings Panel Topics 059-063

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b) they would not provide for reasonable levels of amenity

for existing residents adjacent to new developments, and
would therefore not meet the RPS objectives.112
c. Evidence In Chief of Benjamin Ross, Topics 059-063, dated 21
September 2015, paragraphs 2, 7, 16 - 25, 28 29 (my own Primary
Evidence).
2. In both Nick Roberts and Auckland Councils Legal Submissions in reply to
my own Primary Evidence on Topic 059-063 it was stated that I was seeking
higher intensification levels (up to 60 metres in some cases) in my higher level
zones (most likely the: Residential Intensive Medium Density Zone,
Residential Standard High Density Zone and Residential Intensive High
Density Zone)1.

3. This would be correct that I am seeking higher levels of intensification both

beyond and in opposition to the current proposed limits by Auckland Council
for their Terraced Housing and Apartment Zone (15 metre Height Limit). In the
relief sought for the height limits of the proposed new zones were:
a. Residential Classic Medium Density Zone: 12 metres as Permitted with
15 metres as Restricted Discretionary
b. Residential Standard Medium Density Zone: 24 metres
c. Residential Intensive Medium Density Zone: 32 metres
d. Residential Standard High Density Zone: 48 metres 60 metres
e. Residential Intensive High Density Zone: 60 metres and higher
4. From what I have interpreted from both Nick Roberts Evidence in Rebuttal2
and Auckland Councils Legal Submission3 there might be possible confusion
on the spatial placement of both the Residential Standard and Residential
Intensive High Density zones which allow for 48 metre or the 60 metre and
higher height limits.

Paragraph 1.a.i and Paragraph 1.b.i of this document

ibid
3
ibid
2

Benjamin Ross: Memo to Unitary Plan Hearings Panel Topics 059-063

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5. From my Primary Evidence Paragraph 174:

Relief Sort

Existing Unitary Plan Objectives and

Policy to be used for the new zones

Residential Standard High

D.3.2 City Centre Zone Objective and

Density Zone

Polices, D3.3 Super Metropolitan

(Would be found in Metropolitan,

Centre and D3.4 Metropolitan Centre

Super Metropolitan, and City

Objectives and Policies

Centre Zones as an overlay)

Residential Intensive High

D.3.2 City Centre Zone Objective and

Density Zone

Polices, D3.3 Super Metropolitan

(Would be found in Metropolitan

Centre and D3.4 Metropolitan Centre

Centre, Super Metropolitan

Objectives and Policies

Centre, and City Centre Zones as

an overlay)

a. The two High Density Zones would only be found in the: Metropolitan
Centre Zone, my proposed Super Metropolitan Centre Zone, and
the City Centre Zone as an overlay over those Centre Zones. They
would not be found in what would replace the Terraced Housing
Apartment Zone.
b. The reasoning behind these two High Density Residential Zones was
to permit the highest of residential building (through the Residential
Intensive High Density Zone) that the respective Centre Zone would
allow in that Centre Zones core while the subsequent fringe of that
Centre and its Centre Zone would have the Residential Standard High
Density Zone and its 48 metre 60 metre height limit. This allows the
Residential Standard High Density Zone to act as a step down to the
highest density residential zone the Residential Intensive Medium
Density Zone which has a height limit of 32 metres.

6. For removal of doubt the subsequent highest height limit that I have proposed
with my new zones that would replace the current Proposed Auckland Unitary
Plan Terraced Housing and Apartment Zone is the Residential Intensive
Medium Density Zone with 32 metres.
4

Evidence of: Benjamin Ross, Topics 059-063, dated 21 September 2015, paragraph, 17

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Residential Intensive Medium Density Zone (32m)

Residential Standard Medium Density Zone (24m)

(Super) Metropolitan Centre Zone (core)

with Residential Intensive High Density Zone overlay (60m
+)
(Super) Metropolitan Centre (fringe)
with Residential Standard High Density Zone overlay (48m
60m)

7.

Figure 1 Example of new proposed zones/zone overlays

a. The above graphic gives a basic example of how the proposed

residential zones would work using a (Super) Metropolitan Centre as
the focal point as you would find in Councils methodology of applying
residential zones with a Metropolitan Centre as the focal point. Note I
have not included all the proposed residential zones in figure 1.

Dated 16 October, 2015

Benjamin Ross
Submitter 1606

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