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  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

12D.3  Controlled Activity Rules

Updated 16 November 2020

  1. Those activities listed as Controlled Activities in Table 12A.1 – Subdivision Activity Status

12D.3.1 Controlled Activity – Standards and Terms 

Controlled Activities shall comply with the following standards and terms: 

12D.3.1.1 Minimum Allotment Size Requirements – Rural, Greenbelt and Future Urban Zones

  1. For rural allotments in the Rural Zone and Greenbelt Zone:
    Average allotment size 4ha
    Minimum allotment size 2ha
    Minimum legal width of any access lot, right of way or private way 6m
     

Note: Subdivisions that do not meet this 12D.3.1.1 - Minimum Allotment Size Requirements – Rural, Greenbelt and Future Urban Zones will be considered a Discretionary Activity.


  1. This rule shall not apply to allotments created for the purpose of stormwater reserves

12D.3.1.2 Earthworks

The extent of all earthworks proposed as part of the subdivision shall be shown including, but not limited to:

  1. Areas of cut and fill;
  2. Existing and finished ground levels;
  3. Location of building platforms.

Proposed Amendment

12D.3.1.2 Earthworks

The extent of all earthworks proposed as part of the subdivision shall be shown including, but not limited to"Any application for subdivision consent must include:

  1. A description of the scope and extent of all earthworks including, but not limited to:"
    1. a) Areas of cut and fill;
    2. b) Existing and "proposed" finished ground levels;
    3. c) Location of building platforms "where there is potential risk to a proposed allotment from inundation or instability.
  2. An assessment of the potential risk to the site and to adjoining sites from inundation or instability as a result of earthworks."

Plan Change 30 – No legal effect

12D.3.1.3 Infrastructure

Infrastructure constructed to vest in the Council shall comply with Rule 12G.4.1.1 – Infrastructure.

12D.3.1.4 Services

Every allotment shall be provided with services in accordance with Rule 12G.3.1 – Minimum Service Requirements

12D.3.1.5 Landscape Assessment Requirements 

Landscape assessments shall be submitted with all subdivision applications within the Wairoa River Valley (between State Highway 2 and the Tauranga City boundary at Tauriko) which shall: 

  1. Describe the site in context with any adjoining outstanding natural features and landscapes, and important amenity landscapes;
  2. Identify how the rural landscape character will be maintained when viewed from the eastern bank of the Wairoa River, taking into consideration the need to maintain the open space of the Wairoa Valley;
  3. Recommend any conditions necessary to mitigate adverse effects or provide positive effects on the rural landscape character including:
    1. Controls on the siting, bulk, location and colours of future buildings and structures;
    2. The provision of planting and landscaping on public and private lands;
    3. The location and design of any roads and accessways and associated services;
    4. The location and design of fencing to be consistent with the rural landscape character
  4. Identify whether future buildings and structures are likely to be visible from the eastern bank of the Wairoa River. Where buildings and structures are likely to be visible the location of building platforms shall take into account: 
    1. The proximity of the allotment to the eastern bank of the Wairoa River; 
    2. The elevation of the allotment in relation to the eastern bank of the Wairoa River; 
    3. The extent to which landscape planting will screen or mitigate the visual effects of the built form on the river’s landscape character
    4. The backdrop against which buildings and structures will be seen when viewed from the eastern bank of the Wairoa River. 

12D.3.1.6 Potentially Contaminated Land

The application shall address any potentially contaminated land issues relevant to the site in accordance with Rule 9B.2.2 – Specific Requirements for Use, Development and Subdivision of Potentially Contaminated Land in Chapter 9 – Hazardous Substances and Contaminated Land.


Note: Subdivision of contaminated land is a Restricted Discretionary Activity in accordance with Rule 12A.6 h) – Restricted Discretionary Activity Rules


12D.3.2 Controlled Activities – Matters of Control and Conditions 

The Council reserves control over the following matters: 

12D.3.2.1 Topography and Landform

  1. The extent of proposed earthworks including, but not limited to:
    1. Change in levels resulting from excavation and fill;
    2. Any modification of drainage patterns;
    3. The consistency between proposed finished ground levels and ground levels on adjoining sites;
    4. The location, design and suitability of building platforms for their intended use;
  2. Geotechnical, natural or man-made hazards on the site.

Proposed Amendment

12D.3.2.1 Topography and Landform

  1. The extent of proposed earthworks including, but not limited to:
    1. Change in levels resulting from excavation and fill;
    2. Any modification of drainage patterns;
    3. The consistency between proposed finished ground levels and ground levels on adjoining sites;
    4. The location, design and suitability of building platforms for their intended use;
    5. "The location, design and suitability of retaining;
    6. Instability and inundation effects on adjoining sites as a result of earthworks."
  2. Geotechnical, natural or man-made hazards on the site.
  3. "Sediment and erosion control measures to keep sediment on the site to minimise sediment runoff, particularly into Council’s stormwater systems."

Plan Change 30 – No legal effect

12D.3.2.2 Landscape Character

  1. The recommendations contained within a landscape assessment;
  2. The opportunities to retain natural landform and natural features that will maintain the existing landscape character of the zone;
  3. The location of building platforms and the effects of buildings and structures on landscape character;
  4. The location of fencing and whether its design is consistent with the rural landscape character

12D.3.2.3 Ecology and Open Space

  1. The retention and management of areas of indigenous flora and fauna habitats;
  2. The provision and location of landscape planting within the subdivision;
  3. The provision and location of recreation reserves, esplanade reserves or esplanade strips that provide interconnected public open space, and any vesting that may be required to achieve this. 

12D.3.2.4 Infrastructure and Services

  1. The design, construction and location of infrastructure and services to, and within, the subdivision;
  2. The requirement for Development Plan Approval to ensure that any infrastructure to be vested meets the minimum construction and technical specification requirements of the Council;
  3. The provision, location and type of easements;
  4. The extent and sequence of proposed staging;
  5. The management of construction works;
  6. The proximity of allotments to any existing network utilities and any requirements that may be considered necessary to ensure the continued safe, efficient and effective operation of those network utilities is not compromised.

12D.3.2.5 Heritage

The identification, management or protection of historic heritage not identified in Chapter 7 – Heritage

12D.3.2.6 Potentially Contaminated Land

The matters under Rule 9B.2.2 c) – Specific Requirements for Use, Development and Subdivision of Potentially Contaminated Land

12D.3.2.7 Consent Notices

Consent notices will be imposed where appropriate including, but not limited to:

  1. The location of building platforms and building locations, bulk and scale and colours (in the interests of landscape character);
  2. The planting and maintenance of vegetation and landscaping (landscape character);
  3. Engineering, geotechnical and hazard issues. 

12D.3.2.8 Additional Matters for the Greenbelt Zone:

  1. The avoidance of the disruption of existing green corridors and stormwater management systems, and maintaining or enhancing the visual, ecological and physical links along the gully systems;
  2. Protecting natural features, including landforms, indigenous vegetation, wetlands, and estuarine, stream and river habitats;
  3. Avoiding the introduction of non-rural landscape elements.

12D.3.2.9 Financial Considerations

  1. The requirement of a bond for the ongoing performance of conditions of a consent;
  2. The requirements for financial contributions in accordance with Chapter 11 – Financial Contributions.

 

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