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陌生的香港人 发表于 2022-8-27 18:47
我不知道你的這段描述的來源出處 但說4個以上還不能用MDRS 這個在 council 的指引文件裡就說的好清楚了 ...
这是design manual下面的 Practice and Guidance note
Intensification Planning Instrument (IPI) Proposed Plan Change to the Auckland Unitary Plan文件
这段话如何解读呢
The MDRS Density Standards incorporated in the plan change for the activity of four or more dwellings per site do not attain immediate legal effect. However, where the AUP (OP) objectives and policies are inconsistent with the MDRS mandatory objectives and policies, the latter have legal effect, and the former are treated as inoperative for the purposes of such an application.
This has most impact where a zone change in the plan change is proposed under the MDRS requirements, from either Residential - Single House Zone (SHZ) or MHS, to MHU (or Terraced Housing and Apartment Buildings Zone (THAB)). This is due to the fact that the MDRS objectives and policies (which are incorporated in to the MHU and THAB zones through the plan change) talk to a planned built character that includes three storey buildings, which is significantly different to the planned built character contemplated by the operative objectives and policies for the SHZ and MHS zones.
This means that the following objectives and policies in operative SHZ and MHS zones will be treated as inoperative, where sites in these zones have a proposed zoning of MHU or THAB through the plan change and no qualifying matters apply:
SHZ:
• Objective H.3.2(2):
Development is in keeping with the neighbourhood’s existing or planned suburban built character of predominantly one to two storeys buildings.
• Policy H.3.3(1)
Require an intensity of development that is compatible with either the existing suburban built character where this is to be maintained or the planned suburban built character of predominantly one to two storey dwellings.
MHS:
• Objective H.4.2(2):
Development is in keeping with the neighbourhood's planned suburban built character of predominantly two storey buildings, in a variety of forms (attached and detached)
• Policy H.4.3(2)
Achieve the planned suburban built character of predominantly two storey
buildings, in a variety of forms by:
(a) limiting the height, bulk and form of development;
(b) managing the design and appearance of multiple-unit residential development; and
(c) requiring sufficient setbacks and landscaped areas.
Consideration of applications will instead be against the following MDRS objective and policy which the equivalent AUP (OP) objective and policy are inconsistent with:
Objective 2
(b) a relevant residential zone provides for a variety of housing types and sizes that respond to—
(i) housing needs and demand; and
(ii) the neighbourhood’s planned urban built character, including 3-storey buildings.
Policy 1
(a) enable a variety of housing types with a mix of densities within the zone, including 3-storey attached and detached dwellings, and low-rise apartments:
However, a number of operative objectives and policies, that are not inconsistent with the MDRS mandatory objectives and policies, will still need to be considered in the assessment of applications for four or more dwellings. Furthermore, in addition to operative objectives and policies, relevant restricted discretionary activity matters in the AUP (OP) will also need to be considered.
Scenario
An application is lodged for a proposed development comprising 8 three-storey townhouses. The operative zone is MHS, and the proposed zoning under the plan change is MHU. No qualifying matters apply to the site in the plan change.
In this scenario, the application will need to be assessed against Objective 2 and Policy 1 of the MDRS, while Objective H.4.2(2) and Policy H.4.3(2) of the MHS zone will not be considered as they will be treated as inoperative. This provides a somewhat different policy framework for the assessment of planned built character, however it is important to note that building height is only one element of that character.
However, the balance of objectives and policies in the MHS zone – which are not inconsistent with any of the MDRS mandatory objectives and policies – will need to be considered in the assessment of the application.
In addition, the assessment will also need to consider proposed objectives and policies in the plan change applying to the MHU zone, which are additional to the mandatory MDRS objectives and policies.
Note – in this scenario, only the operative rules and standards are applicable to the application, as the MDRS density standards do not have immediate legal effect for the activity of four or more dwellings per site |
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发表于 2022-8-27 11:39:46
