This section outlines the Development Standards (rules) for building dwellings and accessory buildings in Residential and Urban Living Zones.
If you have any questions, please get in touch with our Duty Planner by email or phone 07 306 0500.
For more specific advice, please contact an architect, draftsperson or planner who can provide advice and help you design your project. They can also prepare a resource consent application on your behalf if required.
Can I build on my residential lot?
Construction, placement or extension of a single dwelling or an accessory building on land in Residential or Urban Living zones is allowed if you can meet all the rules in the District Plan.
What's a dwelling?
A dwelling is a building used for residential purposes on a permanent basis – that’s one month or longer.
What's an accessory building?
An accessory building is a detached building used for living in, but is still related to or used as a part of the main dwelling on the property; for example, a sleep-out or granny flat that isn’t rented. A dwelling and an accessory building for habitation on any property will share the same services and vehicle access.
This section is an overview of some of the main District Plan requirements for the Residential and Urban Living zones.
You can read the subdivision rules in the Whakatāne District Plan. There are also online maps are available.
Find out if your project also needs a building consent »
| Development Standard | Residential Zone | Urban Living Zone |
|---|---|---|
| Height | 12m – within areas subject to 12m restriction as referred to in Rule 4.2.1.2 of the District Plan 9m - other areas (excluding Ōpihi Structure Plan area as described in Rule 2.6.2 of the District Plan) | 10m |
| Natural light | No part of any building should be higher than 2.7 metres, plus the shortest horizontal distance between the building and the nearest site boundary, except in these situations: Any part of a building can exceed a height beyond the natural light plane:
For the purposes of these rules, the nearest site boundary is, where applicable, the midpoint of any adjacent right-of-way or access leg or access lot or permanent open space, such as a road or reserve. | |
| Front yards (distance from the building façade to the legal lot/public road property boundary) | 4m 5.5m where a garage door or carport entrance faces the street 40m from State Highway 30 | |
| Side and rear yards dwellings and accessory building for habitation | No dwellings or accessory buildings for habitation can be located closer than 3m to the side or rear boundaries, except:
| No dwellings or accessory buildings for habitation can be located closer than 3m to the side or rear boundaries, except:
|
| Side and rear yards accessory buildings not for habitation (distance from the outside of the building to the nearest side or rear legal property boundary) | No accessory buildings (not for habitation) can be located closer than 1m to the side or rear boundaries. | |
| Side and rear yards other buildings (distance from the outside of the building or rear legal property boundary) | 3m | |
| Side and rear yards if written approval obtained | If written approval of any affected adjoining neighbour has been obtained, dwellings and accessory buildings can be constructed within the side or rear yards up to the boundary. | |
| Location of residential activities | A minimum distance of 6m must be provided between a dwelling and an accessory building for habitation, or between multiple detached dwellings, on the same lot. | |
| Outdoor living space | Located at ground level:
Located above ground level:
All outdoor living areas must be directly accessible from the main living area of the dwelling (for example, living room) and be located to the north, east or west of the dwelling; | Located at ground level:
Located above ground level:
All outdoor living areas must be directly accessible from the main living area of the dwelling (for example, living room) and be located to the north, east or west of the dwelling; |
| Outdoor service courts | Minimum 5m² and a minimum dimension of 1.5m, not located in front yard. | |
| Visual privacy | There can be no direct line of sight from the main living area of one building into the main living area of another building if the nominated building platform, proposed dwelling or accessory building for habitation is within 10m of another;
To avoid direct views from the living area(s) of one residential unit into the outdoor living space of another residential unit (whether on the same, or an adjoining site or delineated area), the main glazing of the living area(s) cannot be within 10m of the outdoor living space of another unit (measured at right angles to the glazing), unless;
| |
| Building coverage (as a proportion of the total land area of the lot) | 40% | 50% |
| Impermeable surfaces (as a proportion of the total land area of the lot) | 55% | 65% |
| Accessory building for habitation | Max 65m² gross floor area, located at least 6m from the dwelling | |
| Glazing | Facades that face a street frontage - minimum 20 percent glazed | |
| Minimum platform level | All building platforms, except those for detached and non-habitable accessory buildings, must have a platform level equivalent to the 1% AEP level plus applicable freeboard. | |
| Earthworks | Earthworks are permitted within any 12-month period if they:
| |
Other rules
As well as the above standards, there are other planning and engineering matters that might apply under the District Plan. These include:
- Access: A dwelling must have legal and physical access to a public road and the access be constructed to the required standard.
- Hazards: If the land is identified as being subject to a hazard, such as coastal erosion or landslips, additional rules will apply. Specialist reports will be needed, for example, a geotechnical assessment, to support any proposal.
- Services: Each dwelling or accessory building for habitation must have a potable water supply and to discharge wastewater and stormwater in a compliant way. A Schedule 5 On-site Effluent Treatment System (OSET) assessment will be required if there is no Council wastewater reticulation to connect to.
- Other factors, like proximity to significant infrastructure, landscape features, archaeological or cultural features, streams, wetlands and significant vegetation will also affect whether the proposal is allowed, and the information you are required to submit as part of any resource consent application.
- Council is required to ensure that any proposed building site is located within an area that is free from soil contamination and that earthworks, a change in land use does not adversely affect human health. Any proposal must include an assessment against the provisions of the National Environment Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.
Resource Consent
If your proposal doesn't comply with one or more of the rules in the District Plan, you will need resource consent.