Its Auckland policy manager Richard Gardner said it was disappointed to lose a High Court appeal over the conditions included in the council’s unitary plan.
It had argued farming is part of the landscape and normal farming activities should be allowed.
But farmers will not be able to build anything larger than 50 square metres in any outstanding natural landscape area on their farms without obtaining a consent because that is now a restricted discretionary activity.
“That’s only as big as a small tractor shed,” Gardner said.
“It’s a ridiculous rule.”
Silage stacks, heaped big round bales and wood stacks or skid sites also came under the restriction.
The largest proportion of farmland affected is on the west coast of the Awhitu Peninsula to the south of the city.
“Landowners there are particularly disadvantaged,” he said.
Other areas of farmland affected are mainly on the east coast from Orewa to Wellsford north of Auckland.
Gardner now intends to make a general consent application covering silage stacks, big round bales and skid sites for all farmers with land classified as outstanding natural landscapes on their properties to test the council’s reaction.
One farming family affected are Andrew and Lisa Hamilton, who milk 320 cows on 220 hectares near the tip of the Awhitu Peninsula close to the Manukau Heads, with QEII and Auckland Council covenants on 40ha of their bush.
Andrew estimates about 80% of their land is covered by a number of different unitary plan overlays, with some running through five or six paddocks.
“On the home farm where you can’t even see the sea there are some coastal overlays,” he said.
The majority of their neighbours are also affected and while they have no issues at this stage, they were worried it could be a battle to get resource consents in the future.
“It can be a nightmare if you deal with the wrong person.”
The council’s Auckland-wide planning manager Phill Reid said about 600 farms were affected by outstanding natural landscapes overlays.
About 40,000ha of land was designated as an outstanding natural landscape as required of the council under the Resource Management Act.
But half of Auckland’s farmland was in the rural and rural production zone where only 10% of land was classified in this way.
The rural coastal zone had 20% or 15,000ha of its area covered by overlays.
In the overlay areas buildings over 50sq metres might be appropriate but that must be assessed on a case-by-case basis, he said.
The council would look at the location and design of the building, related earthworks and vegetation clearance and the effects on the landscape values of the area.
“In many cases it will be possible to design and locate a farm building appropriately to minimise the effects on an outstanding natural landscape.
“Appropriateness is assessed against what is sought to be protected, the characteristics and qualities that contribute to the outstanding natural landscape.”
The unitary plan definition of building included stacks or heaps of materials that were over two metres high and were in existence for more than one month.
“This part of the definition is primarily aimed at urban areas where a stack of materials could adversely affect the amenity and outlook for a neighbouring site in the same way as a permanent building,” he said.
“Technically, stacks of silage, hay or wood that are over 2m high and in place for more than one month could be treated as a building.”
The council’s compliance team would determine the enforcement action when appropriate but there might be no action if there is little cause for concern.
The council could also decide the effects of stacks are so small or insignificant that enforcement action isn’t justified.
Reid said Federated Farmers’ concerns regarding the plan’s provisions for farm buildings in outstanding natural landscapes had been thoroughly considered by the High Court, which found that sometimes farming activities on rural land could give rise to adverse effects on landscape values.
The plan’s 50sq metres building size threshold was justified as a trigger for a case-by-case assessment of proposed buildings.
