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​New rules for building homes in Te Puke and Ōmokoroa

We’ve made changes to our District Plan to enable more homes to be built faster, to support the needs of our growing and diverse community.

The changes were driven by central government. Three houses per property are now permitted subject to meeting a number of density standards. Subdivision is also specifically provided for when associated with housing.

These new rules are known as the medium density residential standards (or MDRS) and were formally notified as part of Plan Change 92 on 20 August 2022. The density standards had legal effect at the time of formal notification. The subdivision rules have had legal effect since 21 March 2024.

These standards are being introduced around the motu (country) in relevant residential zones in cities including Tauranga, Rotorua, Auckland, Hamilton, Wellington, and Christchurch as well as many other towns surrounding these main centres.

Within the Western Bay the MDRS have only been applied in Te Puke and Ōmokoroa as they are the only towns that fit the brief for central government's new law, as towns with an existing population of 5,000 or more (at the 2018 census) and/or a population that is planned to be 10,000 or more people.

Council has also introduced a number of other rules for Ōmokoroa and Te Puke to ensure that everything you told us you love about your neighbourhood is protected. These rules were also subject to Plan Change 92 and now have legal effect.

MDRS - What has been implemented?

Housing and subdivision rules, known as the Medium Density Residential Standards (or MDRS) have been implemented for Te Puke and Ōmokoroa. These changes are part of 'Plan Change 92 Ōmokoroa and Te Puke Enabling Housing Supply and other Supporting Matters'. These rules apply to existing residential zones as well as new areas which have just been rezoned for housing.

MDRS - density standards

There are nine new density standards for housing that have been introduced to the District Plan. If all standards are met, it is a permitted activity to build the houses. This is unless a 'qualifying matter' has been identified such as an ecological feature, heritage feature or natural hazards e.g. flooding. if a qualifying matter exists or any of the standards are not met, a resource consent will be required to address impacts on occupants, neighbours or features.

These nine density standards are:

1. Up to three homes can be built per site.

2. Homes can be up to 11m (three storeys) high, with an allowance for the peak of the roof to extend an additional 1m. See Fig 1. In the last stage of development for Ōmokoroa south of the railway, some areas can have homes up to 22m (six storeys). These areas are strategically located next to the future town centre, school, reserves and natural open spaces.

Fig 1. The MDRS permits homes up to 11m in height (3 storeys), except 50 percent of a building’s roof may exceed this height by 1 metre, where the entire roof slopes 15° or more. This allows for the multi pitch style roofs at shallow angles.

3. Height of the house in relation to the boundary must not go outside an envelope that is measured from a maximum of 4m from the boundary plus a 60˚ recession plane. See Fig 2.

This rule aims to avoid new buildings on one site dominating another site. It also seeks to limit the impact new buildings may have in reducing neighbouring building's access to daylight. The rule ensures that the taller the proposed building is, the further away from the boundary it must be.

Fig. 2. The Height in Relation to Boundary Rule.

4. Homes can be as close as 1.5m to the front boundary and 1m from the side and rear boundaries.

5. Up to 50 percent of the site can be covered buildings. In the last stage of development for Ōmokoroa south of the railway, the areas which are allowed greater height are allowed 60 percent.

6. At least 20m2 of outdoor living space must be available for a house located at ground level. At least 8m2 of outdoor living space is needed for houses above ground level e.g. in an apartment building.

7. The front of the house facing the street must have at least 20 percent glazing which can be windows or doors.

8. At least 20% of the site must be landscaped with plants, grass, or trees. This can either apply to each property or instead be provided across a whole development e.g. in a communal area.

9. There must be a minimum of 4x4m of outlook from the main living room, and at least 1m x1m outlook from all other habitable rooms such as bedrooms. See Fig 3.

Fig 3. Rule for minimum outlook from main living room and other habitable rooms.

An example of how houses on a property would look if they were to meet all density standards is shown in Fig 4 below.

Fig. 4. All nine density standards. Credit Rotorua Lakes Council.

Read our ‘New rules for building houses’ info sheet.

Note: Figure 4 and info sheet above do not show the more enabling standards for height and building coverage that have also been introduced through Plan Change 92.

MDRS - subdivision standards

The creation of new titles requires a resource consent. Under the MDRS, this has been made easier for subdivisions associated with housing. But it must be for existing or planned housing which meet the density standards, or which has been through the resource consent process to address non-compliance with these standards. The MDRS does not allow Council to require minimum lot sizes or minimum buildable areas for such subdivision.

This type of subdivision is a controlled activity in the MDRS which means that Council cannot decline an application. But we can still require all subdivisions to address matters such as access, safety, walkways, earthworks and having lots that face the sun.

In addition to the MDRS, the following rules are also applicable:

  • If landowners wish to subdivide but don't have any plans for housing at this stage, two additional titles can be created from any existing properties which are 1400m2 or smaller. Also as a controlled activity. There are no minimum lot sizes but a minimum buildable area of 8x15m would be required per lot.
  • For larger subdivisions of this nature, these require a discretionary activity resource consent (which can be declined). Again, there are no minimum lot sizes but a minimum buildable area of 8x15m would be required per lot. These subdivisions must also provide a minimum number of new lots per hectare to ensure land is used efficiently.

Additional changes to the District Plan

In order to protect the things you told us you love about Ōmokoroa and Te Puke, Council have introduced additional rules to support medium density housing. Examples include;

  • Limiting the height of retaining walls and fences.
  • Earthworks that minimise changes to the natural landform.
  • Making sure that streets are not dominated by garages and wide driveways.
  • An impervious surface rule to help reduce stormwater runoff by limiting the amount of buildings, driveways and carparks.
  • A requirement to achieve a certain number of houses in new development areas to maximise land use for housing.
  • The need to provide a range of housing choices.
  • Connectivity between developments and reserves, walkways, cycleways and other transport routes.
  • Living areas which are private and face the sun.

In Ōmokoroa we are also providing additional industrial land plus a new Natural Open Space Zone to use the gullies for stormwater management and walkways, plus a large active reserve.

Frequently asked questions:

The housing rules being driven by central government were legally binding from 20 August 2022 for existing residential areas in Te Puke and Ōmokoroa. They now also apply to other areas in these towns that have been rezoned to allow housing.

Council has also implemented additional rules to support medium density housing. They are intended to ensure that everything you told us you love about your neighbourhood is protected.

Council has also drafted additional rules to support medium density housing. They are proposed to ensure that everything you told us you love about your neighbourhood is protected. These proposed rules do not have immediate legal effect. Read about these changes in detail at westernbay.govt.nz/plan-changes

You won’t see changes in your neighbourhoods overnight. While these rules make it easier to build more homes faster, building still takes some time to complete. Our neighbourhoods will look differently a decade from now, as changes today make it easier to add a unit in your backyard, subdivide, build up three storeys and build townhouses.

Provided the nine standards outlined above are met, and the site does not contain a 'qualifying matter', the development will be a ‘permitted activity’, which means a resource consent isn’t required. Before these new rules, any development on an existing property that already had a house on it required resource consent, including building a minor dwelling.

If the site isn’t being subdivided and all nine of the standards are met, then the process will be to get a building consent only. However, for any subdivision of a site, or if any one of the standards isn’t met, a resource consent is still required. It pays to check with Council early on to get an understanding of how the new rules will apply to your particular plans.

If you have any pātai (questions) about what this means for you, get in touch with us.

These standards are being introduced in Te Puke and Ōmokoroa only as they are the two towns in our District that fit the brief for central government’s new law.

The MDRS only applies in 'relevant residential zones', which are defined in the legislation as residential zones in areas which are predominately urban in character and with an existing population of 5,000 or more (at 2018 census) or intended to grow to a population of 10,000 or more.

Te Puke does not have enough affordable housing, smaller houses for single people or couples, or houses where multi-generations can live. The MDRS makes it easier to subdivide, build a secondary dwelling, or redevelop a site into townhouses. This means more housing can be provided to meet the needs of local people.

In Ōmokoroa, our community have asked for houses where elderly whānau and first home buyers can settle. The MDRS paves the way for us to create options for these groups here that meet their unique needs too.

Other benefits of the MDRS may include:

  • Better affordability of homes
  • Increased access to employment, transport, and community facilities such as libraries
  • Less urban sprawl
  • Enabling multi-generational family living
  • Better use of already existing infrastructure, and
  • More choices for housing.

We spoke to locals in Te Puke and Ōmokoroa before Plan Change 92 was notified and asked what parts of their neighbourhood they would like to see retained even if more people moved to the area.

Council is focused on safeguarding the aspects that are important to the communities, while balancing this with a demand for housing in these areas.

Council have developed a ‘Residential Design Outcomes’ guide which provides information on how to achieve quality residential developments. This guide will contribute towards creating neighbourhoods that are efficient, connected and compact in urban form which will help protect the look and feel of Ōmokoroa and Te Puke. Read the guide.

Previously, any development on an existing residential property that already had one house on it required a resource consent, including building a minor dwelling.

Now, if your plans meet all nine standards, the site does not contain a 'qualifying matter', and the site isn’t being subdivided, you only need a building consent.

The new standards also allow taller houses, smaller setbacks and more areas of the site to be covered in buildings than previous rules.

Please check with us as early as possible to get an understanding of what’s required now if you are making plans. You can contact us here.

If you have any pātai (questions), please get in touch with us as early as practical to check how the rules may apply to your plans. Find out more about the building consent process and resource consent process.

If the building plans meet all of the nine MDRS standards you will not be notified. You could be notified as part of a resource consent process if your neighbours fail to meet some of these standards e.g. height or setbacks, however resource consents can often be processed without the need for notification.

For the windows to street rule, any form of glazing is acceptable as the level of transparency is not specified in the standard.

We consider this standard should only apply to the street-facing façade being the part of the residential unit (where people live) and not the part of the building that is clearly a garage and used as such.

We expect in the order of 25 ‘infill’ houses a year, and mostly in Te Puke. Ōmokoroa has less infill opportunity but instead has greenfield land for housing development that is expected to enable enough housing to satisfy demand for a number of years.

Financial Contributions will continue to apply to all developments that require a resource consent. New rules have also been introduced to allow financial contributions to apply to permitted activities for 2-3 houses on a site.

Financial contributions are payable towards water, wastewater, stormwater, roading, reserves and ecological protection. They help Council to provide the services needed to support housing growth.

The amount payable by each development is determined by the rules of Section 11 - Financial Contributions of the District Plan and Council's latest Schedule of Financial Contributions 2023/2024.

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