PC78 Withdrawn: What Happens Now?
Auckland Council has now officially withdrawn Proposed Plan Change 78 – Intensification (PC78) following recent amendments to the Resource Management Act (RMA). This change has significant implications for current and upcoming residential projects across Auckland.
Council advice to date has been very unclear and has not provided any certainty.
Their position uses the terms “may”, “likely to have”and “the legal position is still being reviewed”. This has resulted in huge uncertainty not only in the development community but also for the Council’s own staff.
Our earlier advice for those with MDRS related consents was to lodge a certificate of compliance (CoC) as the best means to hold any position. The lodgement timeframe has now closed and anyone with a CoC has their “foot in the door”with Council on this entire matter.
Sentinel Planning has also sought a declaration from the Environment Court on the entire matter as Council’s advice in our opinion has been vague at best and incorrect at the worst.
In seeking a declaration from the Environment Court, we partnered with two Environmental Law specialists in Kitt Littlejohn (Barrister and
Planning Commissioner) and The Environmental Lawyers. We were joined in that declaration by another half dozen leading planning firms in Auckland. We will advise you all of the outcome of all matters in due course.
Below is the summary of the latest information provided by the Auckland Council (with all its ambiguities):
PC78 withdrawn on 9 October 2025:From 5pm, 9 October, the Medium Density Residential Standards (MDRS) no longer apply as a permitted activity in most residential zones.
The council intends to replace PC78 with a new plan change that still enables more housing while placing stronger emphasis on natural hazard protection (such as flooding and coastal slips).
How this affects different projects
Permitted under MDRS (no resource consent): If you applied for a certificate of compliance before 5pm on 9 October, your project may still proceed.
Resource consent already granted under the Unitary Plan: These projects can continue as approved.
Completed or substantially completed projects: Developments finished (or close to completion) by 9 October are likely to have existing use rights, but expert advice is recommended.
Partially compliant projects (required consent for other reasons): The legal position is still being reviewed. The council is assessing certificate of compliance applications individually.
Applications still being processed: Projects that relied on MDRS as a baseline can no longer use it for assessment purposes.
The council will issue further clarification once legal advice for Scenario 4 is confirmed. For technical queries, the council has provided this contact: pc78consents@aucklandcouncil.govt.nz.
We understand these changes may cause uncertainty and potential project delays. Our team is closely monitoring updates and can help you understand how this affects your specific sites or upcoming consents.
If you’d like tailored advice for your project, please get in touch.