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Tauranga City Plan

10A.5  Permitted Activity Rules

Updated 11 September 2018


Note: Any activity that does not comply with a Permitted Activity Rule shall be considered a Restricted Discretionary Activity, unless stated otherwise.

Note: Unless otherwise stated, the provision of any National Environmental Standard shall prevail.


10A.5.1 Overriding Provisions of the Network Utilities Rules

  1. The provisions of any zone where an activity is proposed to be located shall not apply to network utilities, unless otherwise stated. Where it is stated that any activity must comply with a rule in an underlying zone, any non-compliance with that rule shall be assessed in accordance with the rule requirements of that zone.
  2. For the purpose of clarity, the relevant provisions of Chapter 4 – General Rules through to Chapter 12 – Subdivision, Services and Infrastructure shall apply to network utilities and shall be assessed in accordance with these rule requirements. 

10A.5.2 Building Height

  1. The maximum height of the zone in which the activity is located shall apply, except for:
    1. Activities listed as permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions:
    2. Telecommunication lines and single-pole support structures, which shall be no greater than 17 metres;
    3. Electric lines (including transmission electric lines) and single-pole support structures, which shall be no greater than 17 metres;
    4. Radio and telecommunication masts, antennas, aerials and cabinets (refer to Rule 10A.7 – Permitted Activity Rules – Special Network Utility – Radio and Telecommunications);
  2. The exemptions provided for in Rule 10A.5.2 a)(ii), a)(iii) and a)(iv) – Building Height, in relation to masts and cabinets only, do not apply in the:
    1. Tauriko Business Estate Special Height Control Area (Recession Plane) identified in Diagram 10, Section 5, Plan Maps (Part B) Tauriko Business Estate Outline Development Plan; and/or
    2. The Tauriko Business Estate – 12 metre height limit identified in Diagram 10, Section 5, Plan Maps (Part B), Tauriko Business Estate Outline Development Plan.
  3. Provided that no building or structure within any identified Viewshaft Protection Area shall exceed the maximum height identified within the Plan Maps (Part B), except for:
    1. Activities listed as permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions;
    2. Permitted Activities in the Road Zone;
    3. Any other network utility not listed in Rule 10A.5.2 (c) (i) and (ii) – Building Height above that is:
      1. Not located within a sensitive area;
      2. A minimum of 500 metres from the identified GPS co-ordinate of the beginning of the Viewshaft Protection Area (as detailed in Chapter 6 – Natural Features and Landscapes, Appendix 6C: Views to Mauao Outstanding Natural Features and Landscapes and Appendix 6D: Views from Marae to Mauao, and identified on the Plan Maps (Part B).

Note: Any activity that does not comply with the Permitted Activity Rule 10A.5.2 – Building Height shall be considered a Discretionary Activity.


10A.5.3 Overshadowing

The overshadowing provisions for the zone in which the activity is located with the exception of the permitted intrusions in Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions shall apply, except for:

  1. Permitted activities in the Road Zone;
  2. Telecommunication lines and single-pole support structures;
  3. Electric lines (including transmission electric lines) and single-pole support structures;
  4. Radio and telecommunication masts, antennas and aerials (refer to Rule 10A.7 – Permitted Activity Rules – Special Network Utility – Radio and Telecommunications).

10A.5.4 Setbacks

The setback provisions for the zone in which the activity is located with the exception of the permitted intrusions in Rule 4H.2.1 – Permitted Setback Intrusions shall apply, except for:

  1. Permitted activities in the Road Zone;
  2. Telecommunication lines and single-pole support structures;
  3. Electric lines (including transmission electric lines) and single-pole support structures;
  4. Radio and telecommunication masts, antennas and aerials (refer to Rule 10A.7 – Permitted Activity Rules – Special Network Utility – Radio and Telecommunications).

10A.5.5 Streetscape

The streetscape provisions for the zone in which the activity is located shall apply, except for:

  1. Permitted activities in the Road Zone;
  2. Telecommunication lines and single-pole support structures;
  3. Electric lines (including transmission electric lines) and single-pole support structures;
  4. Radio and telecommunication masts, antennas and aerials (refer to Rule 10A.7 – Permitted Activity Rules – Special Network Utility – Radio and Telecommunications). 

10A.5.6 On-Site Parking

The on-site parking provisions for the zone in which the activity is located shall not apply. 

10A.5.7 Outdoor Storage Areas

  1. All outdoor storage areas, excluding temporary storage areas, for goods, materials, plant machinery or equipment and solid waste associated with any network utility shall be permanently screened when the site adjoins a:
    1. Sensitive zone;
    2. Outstanding Natural Feature and Landscape Plan Area;
    3. Important Amenity Landscape Plan Area;
    4. Special Ecological Area
  2. For the purpose of Rule 10A.5.7 a) – Outdoor Storage Areas, the following are appropriate solutions:
    1. A fence with a minimum 1.8 metre high screen wall or closed boarded wooden fence of permanent materials;
    2. A visually permeable fence to a minimum of 1.8 metres in height in conjunction with an area of landscape planting 2 metres in width contiguous with the boundary and comprising a mix of trees, shrubs and groundcover. 

10A.5.8 Radiofrequency and Electro-Magnetic Fields

  1. Network utilities that transmit radiofrequency fields or emit electro-magnetic fields shall comply with the relevant New Zealand guidelines or legislation;
  2. Network utilities that emit electro-magnetic fields shall comply with the relevant International Commission on Non-Ionising Radiation Protection (ICNIRP) Guidelines.

Note: Any radio and telecommunication activity that does not comply with the Permitted Activity Rule 10A.5.8 – Radiofrequency and Electro-Magnetic Fields shall be considered a Non-Complying Activity, in accordance with the National Environmental Standards on Telecommunications Facilities. 


10A.5.9 Establishment, Maintenance or Demolition of a Network Utility

Where the establishment, maintenance, removal or demolition of a network utility and/or associated buildings or structures, involves the disturbance of the ground, the body responsible for that work must undertake restoration of the area disturbed to the condition of the surrounding area at the completion of the works.

10A.5.10 Cabinets

  1. Cabinets within the Road Zone that adjoin any:
    1. Sensitive zone, except for Rural Marae Community and the Ngati Kahu Papakainga Zones;
    2. Outstanding Natural Feature and Landscape Plan Area;
    3. Important Amenity Landscape Plan Area;
    4. Special Ecological Area.
      shall comply with the following dimensions:
    5. The gross floor area (GFA) shall not exceed 1.4m2 ;
    6. The height shall not exceed 1.8 metres (excluding any foundation plinth the transformer/cabinet and associated switching gear may be placed upon). 
  2. Cabinets that adjoin, or are located on land zoned Rural, Future Urban, Greenbelt, Rural Marae Community, Ngati Kahu Papakainga, Industrial or Commercial shall comply with the following dimensions:
    1. The gross floor area (GFA) shall not exceed 4m2 ;
    2. The height shall not exceed 2.5 metres (including any foundation plinth the transformer and associated switching gear may be placed upon).
  3. Cabinets attached to any building or structure within any Rural Zones, Commercial Zones, Industrial Zones or Road Zone shall comply with the following dimensions:
    1. 4m2 gross floor area (GFA);
    2. 2.5 metres in height (excluding any foundation plinth the cabinet may be placed upon) above the ‘point of attachment,’ or 2.5 metres above the permitted height of the zone (whichever is the greater). 

Note: Any activity that does not comply with the Permitted Activity Rule 10A.5.10 – Cabinets shall be considered a Discretionary Activity.


 

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