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Tauranga City Plan

12B.4  Restricted Discretionary Activity Rules

Updated 14 December 2018

The following are Restricted Discretionary Activities: 

  1. Subdivision within an urban growth area listed in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas, where the minimum average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas, except subdivision where the minimum average nett yield is less than 12 dwellings per hectare; 
  2. Any Controlled Activity that does not comply with a Controlled Activity standard and term, other than those activities identified in Rule 12B.5 – Discretionary Activities
  3. Any activity listed as a Restricted Discretionary Activity in Table 12A.1: Subdivision Activity Status
  4. Subdivision within the Central Bethlehem Scheduled Site. 

Note: A minimum average nett yield of less than 12 dwellings per hectare shall be considered as a Non Complying Activity. 


12B.4.1 Non – Notification 

Any application for a resource consent made under Rule 12B.4 a) – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons. 

12B.4.2 Restricted Discretionary Activity – Standards and Terms 

Restricted Discretionary Activities shall comply with the following standards and terms: 

12B.4.2.1 Yield Shortfalls in Urban Growth Areas 

For subdivision in an urban growth area which is a Restricted Discretionary Activity under Rule 12B.4 a) – Restricted Discretionary Activity Rules, an assessment shall be provided with an application for resource consent which addresses: 

  1. How the topographical, geotechnical and land form constraints of the subject site have affected the ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and/or 
  2. How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and 
  3. How lower yields may be able to achieve high-quality urban design sought through Rule 12B.3.2 – Controlled Activities - Matters of Control and Conditions in future development. 
  4. How higher yields will be able to achieve high-quality urban design sought through Rule 12B.3.2 – Controlled Activities – Matters of Control and Conditions
  5. In particular for Pyes Pa West: 
    1. The options and opportunities for a variety of lot sizes, including opportunities for higher density development within the Pyes Pa Medium Rise Plan Area and comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) within the Suburban Residential Zone;
  6. Submission of a master plan showing indicative development and the balance of the stage and subsequent stages showing the likely total yield to be achieved. 

12B.4.2.2 Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms) 

  1. Any application for subdivision within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential shall comply with the following: 
    1.  Rule 12B.3.1.1 a) – Minimum Allotment Sizes
    2.  Rule 12B.3.1.4 – Design Assessment;
    3.  Rule 12B.3.1.5 – Earthworks
    4.  Rule 12B.3.1.7 – Services;
    5.  Rule 12B.3.1.8 – Infrastructure
    6.  Rule 12B.3.1.14 – Potentially Contaminated Land
    7.  Rule 12B.3.1.15 – Staging
  2. The combination of existing and proposed allotments for independent dwelling units and/or dwelling unit equivalents within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential and identified as Area A on Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheet 1) shall not exceed 150 allotments; 
  3. Any application for subdivision shall be accompanied by a geotechnical assessment prepared by a qualified geotechnical engineer and shall, at a minimum: 
    1. Consider the proposal against 12B.1.1.7 Policy a) ii) – Subdivision in the Central Bethlehem Scheduled Site
    2. Consider the proposal against the requirements of QA-2.2 Development Evaluation Report and QA-2.4.1 Geotechnical Assessment Report as outlined within the Tauranga City Infrastructure Development Code; 
  4. Any application for subdivision shall be in accordance with Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2); 
  5. Any application for subdivision shall comply with, UG1, Section 6, Urban Growth Plans, (Plan Maps, Part B)
  6. Any application for subdivision shall be accompanied by a stormwater assessment prepared by a suitably qualified engineer with expertise in the field of stormwater management. This assessment shall identify the extent to which the proposed stormwater infrastructure (stormwater management areas, swales, wetlands and drains) serving the subdivision achieves:
    1. A comprehensive stormwater management system that accommodates flows from a 50 year return period storm event (2% AEP) for the entire Central Bethlehem Scheduled Site; 
    2. A primary conveyance method of the stormwater management system that accommodates flows from a 10 year return period storm event (10% AEP) for the entire Central Bethlehem Scheduled Site; 
    3. The avoidance and/or mitigation of potential adverse effects on the upstream and downstream catchment within the subject stormwater catchment; 
    4. An overall design utilising low impact stormwater design in accordance with DS-1.4.8 Infrastructure Stormwater Management and Low Impact Design and DS-1.4.8.1 Design Elements as outlined within the Tauranga City Infrastructure Development Code; 
  7. Any application for subdivision shall be accompanied by an ecological assessment prepared by a suitably qualified ecologist. This assessment shall provide for the management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses; 
  8. The scheme and survey plans shall identify that no building or structure may be established within the Landscape Planted Areas shown on Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)
  9. Any application for subdivision shall be accompanied by an earthworks development plan, identifying how raising of the ground level shall be battered to integrate with the surrounding environment and contours, including the existing drains and existing wetland areas (to the extent that they are retained) and proposed wetland areas, to mitigate effects on the pre-development rural landscape character; 
  10. Any application for subdivision shall be accompanied by a landscape and visual assessment, and a landscape planting plan prepared by a suitably qualified landscape architect. This shall, as a minimum: 
    1. Consider the proposal against 6A.1.9 Objective - Urban Landscape Character, 6A.1.9.1 Policy – Maintenance and Enhancement of Landscape Character in Urban Areas and Policy 12B.1.1.7 a) i) Policy – Subdivision in the Central Bethlehem Scheduled Site
    2. Have particular regard to the interface of the Central Bethlehem Scheduled Site with adjoining sites in the context of the Central Bethlehem Scheduled Sites pre-development rural landscape character which is intended to be mitigated by the Landscape Planting Areas shown on Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)
    3. Outline the proposed finished earthworks and contours for the Central Bethlehem Scheduled Site; 
    4. Outline the proposed landscape planting of the Landscape Planting Areas, 20m Wide Open Corridor, the internal margins of the Internal Road Corridor and all existing and proposed Stormwater Treatment Areas, swales, wetlands and drains identified in Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
    5. Include a planting, maintenance and replacement schedule, which includes plant species, grades and quantities at time of planting, and responsibilities of landowners to implement and maintain the Landscape Planted Areas; 
    6. Where fencing is proposed, specify fencing that is of a rural landscape character with a minimum of 50 per cent visual permeability in the following locations: 
      1. Adjacent to the boundary with Parau Farms Active Reserve;
      2. Adjacent to all proposed pedestrian walkways, public and private open spaces; 
      3. Adjacent to all zoned Rural and Rural Residential allotments within the Central Bethlehem Scheduled Site; 
      4. On the external boundaries of the Central Bethlehem Scheduled Site. 

Note: Any application for subdivision made under Rule 12B.4 e) – Restricted Discretionary Activity Rules that does not comply with Rule 12B.4.2.2  – Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms) shall be considered as a Discretionary Activity under Rule 12B.5 f) – Discretionary Activity Rules, with the exception of non-compliance with Rules 12B.4.2.2 a) ii) vii) - Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms)

Note: Any application for subdivision under 12B.4 e) – Restricted Discretionary Activity Rules that does not comply with Rules 12B.4.2.2 a) ii) vii) - Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms) shall be considered as a Restricted Discretionary Activity and assessed in accordance with Rule 12B.4.3.3 - Subdivision in the Central Bethlehem Scheduled Site (Matters of Discretion and Conditions)


12B.4.3 Restricted Discretionary Activities – Matters of Discretion and Conditions 

12B.4.3.1 Yield Shortfalls in Urban Growth Areas 

In considering an activity described as a Restricted Discretionary Activity in Rule 12B.4 a) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to: 

  1. The matters required to be assessed through Rule 12B.4.2.1 – Yield Shortfalls in Urban Growth Areas and Rule 12A.1.1.3 Policy - Target Yield Shortfalls in Urban Growth Areas

12B.4.3.2 Subdivision in the Wairakei Residential Zone 

  1. In considering a subdivision that does not comply with Rule 12B.3.1.12 f) the Council restricts the exercise of its discretion to:
    1. The location, design and suitability of building platforms for their intended use.
  2. In considering a subdivision that does not comply with Rule 12B.3.1.12 e) the Council restricts the exercise of its discretion to:
    1. The matters in 4E.1.2 – Objective – Reverse Sensitivity and 4E.1.2.3 – Policy – Reverse Sensitivity: Residential Dwellings in Proximity to the Strategic Road Network (excluding secondary arterial roads) or a New Zealand and Transport Agency designation;
    2. Whether the design, including location, methods and construction techniques proposed will mitigate reverse sensitivity effects on the New Zealand Transport Agency designation.

12B.4.3.3 Subdivision in the Central Bethlehem Scheduled Site (Matters of Discretion and Conditions) 

In considering any subdivision application made under Rule 12B.4 e) - Subdivision in the Central Bethlehem Scheduled Site, the Council restricts the exercise of its discretion to:

  1. The matters in 6A.1.9 Objective – Urban Landscape Character, 6A.1.9.1 Policy – Maintenance and Enhancement of Landscape Character in Urban Areas, and 12B.1.1.7 a) i) Policy – Subdivision in the Central Bethlehem Scheduled Site
  2. The matters of control contained within Rule 12B.3.2 – Controlled Activities – Matters of Control and Conditions
  3. The extent to which the proposal is in accordance with and supports the implementation of Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2) and, UG1, Section 6, Urban Growth Plans, (Plan Maps, Part B)
  4. The matters in objectives and policies under the heading 8A.1 Objectives and Policies for the Natural Hazards Provisions and 12B.1.1.7 a) ii) Policy – Subdivision in the Central Bethlehem Scheduled Site;
  5. The extent to which the proposal avoids or mitigates any adverse effects on: 
    1. The capacity of Council’s water, stormwater and wastewater infrastructure
    2. The management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses; 
    3. The rural landscape character of adjoining rural and rural residential zoned properties along the northern and southern escarpments including the existing rural aspect and visual connectivity to the Wairoa River; 
  6. The extent to which earthworks (excluding earthworks associated with the internal road corridor as identified on Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2) are battered to integrate with the surrounding environment and contours, including the existing drains and wetland areas, and the extent of mitigation of effects on the pre-development rural landscape character; 
  7. In addition to the matters above, any matters required to be included or assessed in a document prepared by a qualified expert in accordance with Rules 12B.4.2.2 c), f), g) and j) - Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms), and any recommendations or mitigation measures included in such a document. 

12B.4.3.4 Non-Notification of Resource Consents - Subdivision in the Central Bethlehem Scheduled Site 

Any application for resource consent made under Rule 12B.4 e) – Restricted Discretionary Activity Rules shall not be notified or served on affected parties. 

12B.4.3.5 Non-compliance with a Controlled Activity Standard and Term

In considering any activity described as a Restricted Discretionary Activity in Rule 12B.4 b) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

  1. The matters over which the Council has reserved control in Rule 12B.3.2 – Controlled Activities – Matters of Control and Conditions.

 

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