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    1. 12A-Purpose: Subdivision
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Tauranga City Plan

12A.5  Controlled Activity Rules

Updated 11 September 2018

The following are Controlled Activities: 

  1. Boundary adjustments, amalgamations and relocations of an existing title; 
  2. Unit title subdivision
  3. Subdivision for allotments to accommodate lawfully established activities;
  4. Subdivision for allotments to accommodate network utilities

12A.5.1 Controlled Activity – Standards and Terms 

12A.5.1.1 Boundary Adjustments, Amalgamations and Relocation of Titles 

For the purpose of this rule subdivision must comply with the following: 

  1. No additional titles shall be created; 
  2. The boundary adjustment will not lead to, or increase the degree of non-compliance with the land use provisions for the underlying zone; 
  3. Within the Rural-Residential Zone or rural zones the proposal shall not facilitate the ability to create an additional title within the site

12A.5.1.2 Unit Title Subdivision 

For the purpose of this rule subdivision must comply with the following:

  1. Unit Titles may be created to accommodate an activity for which resource consent has been granted or that has been otherwise lawfully established, provided that the activity is not a secondary independent dwelling unit
  2. Minimum allotment size requirements will not apply to Unit Title Subdivision provided that allotments are designed to ensure that: 
    1. The principal use and all ancillary buildings and activities are fully serviced; and 
    2. That the use can comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment. 

12A.5.1.3 Allotments to Accommodate Lawfully Established Activities 

For the purpose of this rule subdivision must comply with the following: 

  1. Unless, specifically provided for elsewhere within the Plan, allotments may be created to accommodate an activity for which a land use resource consent has been granted or that has been otherwise lawfully established; 
  2.  Rule 12A.5.1.3 – Allotments to Accommodate Lawfully Established Activities does not apply to independent dwelling units within the Rural Residential, Rural, Greenbelt and Future Urban Zones unless established pursuant to land use resource consent where the development density of the activity was a matter requiring resource consent; or secondary independent dwelling units in any zone; 
  3. Minimum allotment size requirements of the underlying zone will not apply subject to the subdivision complying with the following: 
    1. The existing principal use and all ancillary buildings and activities on all allotments shall comply with the applicable permitted activity rules for the underlying zone and be fully serviced; and/or 
    2. The activity shall comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment; 
    3. Where a vacant balance allotment is created, this allotment shall, with the exception of any minimum average allotment requirement, comply with the subdivision provisions of the underlying zone. 

Note: Where the land use is lawfully established under the comprehensively designed development land use provisions of the Plan, any applicable comprehensively designed development subdivision provisions shall override Rule 12A.5.1.3 – Allotments to Accommodate Lawfully Established Activities

Note: Subdivisions that do not comply with Rule 12A.5.1.3 shall be considered as a Discretionary Activity in accordance with Rule 12A.7 e) – Discretionary Activity Rules unless specifically provided for elsewhere within the Plan. 


12A.5.1.4 Allotments to Accommodate Network Utilities 

For the purpose of this rule subdivision must comply with the following: 

  1. Minimum allotment size requirements of the underlying zone will not apply subject to the subdivision complying with the following: 
    1. The allotment to accommodate the network utility is of sufficient size to accommodate that network utility whilst allowing access for maintenance and repair and any landscaping or amenity works; and 
    2. The principal use and all ancillary buildings and activities on the balance allotment shall comply with the applicable permitted activity rules for the underlying zone and be fully serviced; or
    3. The land use activity on the balance allotment shall comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment; and
    4. Where a vacant balance allotment is created, this shall comply with the subdivision provisions of the underlying zone.

12A.5.2 Controlled Activities – Matters of Control and Conditions 

The Council reserves control over, and may impose conditions on, the following matters:

  1. The location of boundaries on site in relation to buildings and parking and manoeuvring areas; 
  2. The location and provision of services and any requirements to upgrade those services
  3. The location and provision of easements; 
  4. Payment of financial contributions in accordance with the relevant provisions of Chapter 11 – Financial Contributions
  5. Where it is a Standard and Term of the subdivision, the creation of a balance allotment that complies with the subdivision provisions of the underlying zone; 
  6. The provision of landscape planting and access for maintenance in association with allotments to accommodate network utilities

 

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