Search
× Search
Menu
  1. Home
  2. 1-Plan Overview
  3. 2-Issues Overview
  4. 3-Definitions
    1. A
    2. B
    3. C
    4. D
    5. E
    6. F
    7. G
    8. H
    9. I
    10. K
    11. L
    12. M
    13. N
    14. O
    15. P
    16. R
    17. S
    18. T
    19. U
    20. V
    21. W
    22. XYZ
  5. 4-General Rules
  6. 5-Natural Environment
  7. 6-Natural Features & Landscapes
  8. 7-Heritage
  9. 8-Natural Hazards
  10. 9-Hazardous Substances & Contaminated Land
  11. 10-Network Utilities & Designations
  12. 11-Financial Contributions
  13. 12-Subdivision Services & Infrastructure
    1. 12A-Purpose: Subdivision
    2. 12B-Subdivision in Residential Zones
    3. 12C-Subdivision in the Rural Residential Zone
    4. 12D-Subdivision in the Rural Zones
    5. 12E-Subdivision in Commercial & Industrial Zones
    6. 12F-Subdivision: Marae, Papakainga & Matapihi
    7. 12G-Purpose: Service & Infrastructure
  14. 13-Open Space
  15. 14-Residential Zones
  16. 15-Rural Residential Zone
  17. 16-Rural Zones
  18. 17-Commercial Zones
  19. 18-Industrial Zones
  20. 19-Education Centre Zones
  21. 20-Special Use Zone-Baypark
  22. Part B Maps
Tauranga City Plan

12C.4  Restricted Discretionary Activity Rules

Updated 11 September 2018

  1. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term.
  2. Subdivision within the Central Bethlehem Scheduled Site.

12C.4.1 Restricted Discretionary Activities – Matters of Discretion and Conditions 

12C.4.1.1 Non-compliance with a Controlled Activity Standard and Term

In considering any activity described as a Restricted Discretionary Activity in Rule 12C.4 - 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 12C.3.2 – Controlled Activity – Matters of Control and Conditions.
    1.  Rule 12C.3.1.1 – Minimum Allotment Sizes;
    2.  Rule 12C.3.1.2 – Design Assessment;
    3.  Rule 12C.3.1.3 – Earthworks;
    4.  Rule 12C.3.1.4 – Services;
    5.  Rule 12C.3.1.5 – Infrastructure;
    6.  Rule 12C.3.1.6 – Potentially Contaminated Land;
    7.  Rule 12C.3.1.7 – Staging.
  2. 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 12C.1.1.5 a) ii) Policy – 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; 
  3. Any application for subdivision shall be in accordance with Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
  4. Any application for subdivision shall comply with UG1, Section 6, Urban Growth Plan (Plan Maps, Part B)
  5. Any application for subdivision shall be accompanied by a stormwater assessment prepared by a qualified stormwater engineer. This assessment shall identify the extent to which the proposed stormwater infrastructure (stormwater management areas, swales, wetlands and drains) serving the subdivision achieves: 
    1. An overall 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 overall 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 DC-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;
  6. 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; 
  7. 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);
  8.  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;
  9.  Any application for subdivision shall be accompanied by a landscape and visual assessment, and a landscape planting plan prepared by a qualified landscape architect. This shall, as a minimum:
    1. Consider the proposal against 6A.1.10 Objective – Rural Landscape Character, 6A.1.10.1 Policy – Maintenance and Enhancement of Rural-Residential and Rural Landscape Character and 12C.1.1.5 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 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 12C.4 b) – Restricted Discretionary Activity Rules that does not comply with Rule 12C.4.1.1 – Non-compliance with a Controlled Activity Standard and Term shall be considered as a Discretionary Activity under Rule 12C.5 f) - Discretionary Activities, with the exception of non-compliance with Rules 12C.4.1.1 a) ii)-vii) – Non-compliance with a Controlled Activity Standard and Term.

Note: Any application for subdivision under Rule 12C.4 b) – Restricted Discretionary Activity Rules that does not comply with Rule 12C.4.1.1 a) ii)-vii) – Non-compliance with a Controlled Activity Standard and Term shall be considered as a Restricted Discretionary Activity and assessed in accordance with Rule 12C.4.1.2 - Subdivision in the Central Bethlehem Scheduled Site (Matters of Discretion and Conditions).


12C.4.1.2 Subdivision in the Central Bethlehem Scheduled Site (Matters of Discretion and Conditions) 

In considering a subdivision application made under Rule 12C.4 b) - Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

  1. The matters in 6A.1.10 Objective – Rural Residential and Rural Landscape Character, 6A.1.10.1 Policy – Maintenance and Enhancement of Rural Residential and Rural Landscape Character and 12C.1.1.5 a) i) Policy – Subdivision in the Central Bethlehem Scheduled Site
  2. The matters of control contained within Rule 12C.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 Plan (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 12C.1.1.5 a) ii) Policy – Subdivision in the Central Bethlehem Scheduled Site;
  5. The extent to which the proposal avoids or mitigates any adverse effects associated with:
    1. The capacity of Council’s water infrastructure;
    2. Stormwater management within the Central Bethlehem Scheduled Site and its integration with the wider stormwater catchment;
    3. The management of native fish species within the Central Bethlehem Scheduled Site, to ensure their habitat protection within either existing wetlands or modified watercourses;
    4. 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 all 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 retain 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 12C.4.1.1 b), e), f) and i) - Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms) and any recommendations or mitigation measures included in such a document.

12C.4.1.3 Non-Notification of Resource Consents - Subdivision in the Central Bethlehem Scheduled Site

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

Tauranga City Council, Private Bag 12022, Tauranga, 3143, New Zealand  |  Terms of use

Back To Top