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    1. 12A-Purpose: Subdivision
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    4. 12D-Subdivision in the Rural Zones
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Tauranga City Plan

12A.6  Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities: 

  1. Subdivision, not including allotments for network utilities, located wholly or partly within the 50 or 100 year Erosion Risk Zone; 
  2. Subdivision, not including allotments for network utilities, partly within the Current Erosion Risk Zone; 
  3. Subdivision, not including boundary adjustments located within a High-Voltage Transmission Plan Area;
  4. Subdivision of a site containing an item on Appendix 7A: Register of Built Heritage or Appendix 7B Register of Significant Maori Areas, or Appendix 7D: Register of Significant Archaeological Areas
  5. Any activity described as a Permitted Activity or Controlled Activity that does not comply with a Permitted Activity Rule or Controlled Activity Standard and Term; 
  6. Any subdivision listed as Restricted Discretionary Activity in Table 12A.1: Subdivision Activity Status
  7. Subdivision, not including boundary adjustments, located partly or wholly within the Flood Hazard Plan Area (FHPA)
  8. Subdivision of contaminated land

12A.6.1 Non-Notification – Subdivision Affecting Significant Maori Areas 

Any application for a resource consent made under Rule 12A.6 d) – Restricted Discretionary Activity Rules that affects a Significant Maori Area shall not be notified, or served on affected persons subject to sufficient evidence being provided of consultation having been undertaken with the affected hapu in relation to the effects of the proposal on the Significant Maori Area, and the applicant and affected hapu representative acknowledge that a meaningful consultation process has been undertaken. 

12A.6.2 Restricted Discretionary Activities – Standards and Terms 

12A.6.2.1 Subdivisions Located Partly within the 50-year or 100-year Erosion Risk Zone 

Subdivision shall ensure that allotments are provided with an alternative building site

12A.6.2.2 Subdivision located partly within the Current Erosion Risk Zone 

Subdivision partly within the Current Erosion Risk Zone shall: 

  1. Be provided with an alternative building site
  2. Ensure the land within the Current Erosion Risk Zone is held in the same certificate of title for the proposed seaward allotment; 
  3. Ensure no buildings or structures are permitted on that part of the land located within the Current Erosion Risk Zone. 

12A.6.2.3 Sites Containing a Significant Maori Area 

Where a resource consent is required under Rule 12A.6 d) – Restricted Discretionary Activity Rules that affects a Significant Maori Area the applicant shall provide an assessment of the effects of the subdivision on the recognised values of that area, and detail the outcomes of consultation with the relevant hapu identified in Appendix 7B: Register of Significant Maori Areas

12A.6.3 Restricted Discretionary Activity – Matters of Discretion and Conditions 

12A.6.3.1 Subdivision of Contaminated Land 

In considering subdivision of contaminated land the Council restricts the exercise of its discretion to the following matters: 

  1.  Rule 9B.3.1 – Restricted Discretionary Activities - Matters of Discretion and Conditions in Chapter 9 - Hazardous Substances and Contaminated Land

12A.6.3.2 Subdivision in the Coastal Hazard Erosion Plan Area (CHEPA) 

In considering subdivision within the Coastal Hazard Erosion Plan Area the Council restricts the exercise of its discretion to the following matters: 

  1.  Rule 8B.4.3 – Restricted Discretionary Activity – Matters of Discretion and Conditions in Chapter 8 – Natural Hazards

12A.6.3.3 For Subdivision within the High-Voltage Transmission Plan Area – (Sub Zone A, B & C) 

  1. The identification of building platforms
  2. Whether practical access to the transmission electric line and any support structure (including, but not limited, to the provision of easements) is provided for; 
  3. The nature and location of any proposed earthworks
  4. Whether the location of allotments or any building platform will interfere with the safe and efficient operation, maintenance or minor upgrading of the transmission electric line or support structure
  5. The risk to the structural integrity of the transmission electric line
  6. The risk of electrical hazards affecting public safety and risk of property damage; 
  7. The risk of development and/or activities causing electrical faults resulting in disruption to electricity supply. 

12A.6.3.4 For Subdivision of a Site Containing a Registered Heritage Item 

In considering subdivision of a site that includes an item identified on Appendix 7A Register of Built Heritage or Appendix 7B Register of Significant Maori Areas or Appendix 7D: Register of Significant Archaeological Areas the Council restricts the exercise of its discretion to the following matters: 

  1. The matters outlined in 7A.1.1.2 – Policy - Protection of Historic Heritage
  2. The importance of the existing site to the identified heritage values of the registered item and the degree to which the fragmentation of the site will adversely affect these values; 
  3. The need for future management or protection of the registered item and the extent to which any adverse effects can be mitigated through conditions of consent; 
  4. The outcomes of any pre-application consultation with the New Zealand Historic Places Trust or Tangata Whenua and the recommendations of that consultation, and whether additional meaningful consultation needs to be undertaken with Tangata Whenua. 

12A.6.3.5 For Subdivision in the Flood Hazard Plan Area (FHPA) 

In considering subdivision of site within the Flood Hazard Plan Area the Council restricts the exercise of its discretion to the following matters: 

  1. The extent to which the subdivision is consistent with 8C.1.1.1 – Policy - Avoidance or Mitigation of Flood Prone Areas
  2. The degree to which any associated earthworks will modify natural ponding areas and drainage systems, including overland flowpaths, and the extent to which water flow is impeded and/or displaced; 
  3. Consideration of whether an engineering assessment is required to accurately determine the extent of any impediment or displacement effect and any recommendations of that assessment; 
  4. Ensuring that any finished ground levels on the site provide the scope for future land use activities on that site to mitigate any adverse flooding effects.

12A.6.3.6 Subdivisions for Cross-Lease, Company Lease or Unit Title 

  1. In considering subdivision that does not comply with Rule 12A.4.1 – Cross-Lease to Freehold Subdivision the Council restricts the exercise of its discretion to the following matters: 
    1. The location and design of services and whether any upgrading is required to met the Council's requirements in terms of maintenance, accessibility and health and safety; 
    2. The degree to which the proposed freehold subdivision will be consistent with the existing cross-lease subdivision
    3. The extent of the non-compliance and whether it is practical or appropriate for that non-compliance to be shown; 
  2. In considering subdivision that does not comply with Rule 12A.4.2 – Amendments to Cross Lease, Company Lease or Unit Title the Council restricts the exercise of its discretion to the following matters: 
    1. Whether the subdivision application should be deferred until such time as a land use consent has been granted for the non-compliance. 

12A.6.3.7 Non-compliance with a Controlled Activity Standards and Terms 

In considering an activity described as a Restricted Discretionary Activity in Rule 12A.6 e) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

  1. The extent to which the activity complies with the Controlled Activity Standards and Terms in Rule 12A.5.1 – Controlled Activity – Standards and Terms
  2. The matters over which the Council has reserved control in Rule 12A.5.2 – Controlled Activities – Matters of Control and Conditions.

 

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