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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

12E.3  Controlled Activity Rules

Updated 11 September 2018

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

12E.3.1 Controlled Subdivision Activity – Standards and Terms

12E.3.1.1 Design Assessments

Where allotments of 1500m2 or less are proposed in a Commercial Zone or Industrial Zone (not including the Port Industry Zone) a design assessment shall be provided to demonstrate that it is possible, where applicable, to:

  1. Construct buildings and structures in accordance with:
    1.  Rule 17A.11.2 – Pedestrian Environment Streets;
    2.  Rule 17A.11.3 – Streetscape;
    3.  Rule 17A.11.4 – Boundaries of Commercial Zone and Sensitive Zones;
    4.  Rule 18A.12.2 – Streetscape;
    5.  Rule 18A.12.3 – Industrial and Sensitive Zone Boundaries;
  2. Provide access, parking and manoeuvring areas in accordance with:
    1.  Rule 4B.2.1 – Parking, Manoeuvring and Loading in the Port Industry Zone, Rule 4B.2.2 – OnSite Parking Requirements – City Centre Zone or Rule 4B.2.3 – On-Site Parking – General as appropriate;
    2.  Rule 4B.2.4 – On-Site Parking Design;
    3.  Rule 4B.2.5 – On-Site Manoeuvring;
    4.  Rule 4B.2.6 – Vehicle Loading Requirements;
    5.  Rule 4B.2.7 – Site Access and Vehicle Crossings.

12E.3.1.2 Outline Development Plans – Commercial Zones

Subdivision of land within a Commercial Plan Area shall demonstrate, where relevant, how future development will comply with Rule 17A.12.5 – Special Permitted Activities in Commercial Plan Areas.

12E.3.1.3 Access – Courtney Road Commercial Business Zone

On further subdivision of Lot 5 DPS 89767, no new allotments created shall be able to gain access from the existing right of way between Lot 4 DPS 89767 and Lot 1 DPS 71873.

12E.3.1.4 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.

12E.3.1.5 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

12E.3.1.6 Infrastructure

  1. Infrastructure constructed to vest in the Council shall comply with Rule 12G.4.1.1 – Infrastructure;
  2. Subdivision within an urban growth area shall comply with the intent of the requirements of the relevant Urban Growth Plan (Plan Maps, Part B, Section 6) which may include:
    1. Transport network connections and links;
    2. Active and passive recreation areas;
    3. Reticulation and conveyance of stormwater, wastewater and water; and
    4. Location of convenience and sub-regional centres. 

12E.3.1.7 Services

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

12E.3.1.8 Staging

Where staged subdivision is proposed the extent of the stages and their order shall be clearly identified.

12E.3.1.9 Subdivision along Water Margins in the Port Industry Zone

Any subdivision of a site in the Port Industry Zone that adjoins mean high water springs need not set aside any esplanade reserve in accordance with section 230 of the Resource Management Act.

12E.3.1.10 Subdivision within the Tauriko Business Estate

  1. Any application shall demonstrate how the subdivision will be developed in a manner that is consistent with:
    1.  Diagram 10, Section 5, (Part B, Plan Maps) (Tauriko Business Estate Outline Development Plan);
    2.  Diagram 9, Section 5 (Part B, Plan Maps) Tauriko Staging Plan;
    3.  UG8, Section 6, Urban Growth Plans, (Part B, Plan Maps);
    4.  Appendix 18H – Tauriko Business Estate Mitigation and Landscaping Specification;
    5.  Appendix 18D – Tauriko Business Estate Mitigation, Landscaping Features and Buffer Zones;
    6.  Appendix 18I – Tauriko Business Estate Typical Road Plans and Cross Sections;
    7.  Rule 18A.12.2.2 – Tauriko Industry Zone Streetscape;
  2. A Landscape Concept Plan shall be submitted specifying the work required to achieve the requirements set out in a) above including, but not limited to:
    1. Streetscape for spine road and green connectors;
    2. Visual extension of green connector;
    3. Walkways and cycleway links;
    4. Stormwater management area;
    5. Escarpment area;
    6. Visual mitigation buffer;
    7. Zone interface 10 metre planted buffer strip and 80 metre separation area;
    8. Planted buffer;
    9. Landmark entry features;
    10. A design theme, including location, for any composite sign within a Landmark Entry Treatment area;
    11. Convenience centres;
    12. Escarpment area – Gargan Road;
  3. Any application shall demonstrate how the provisions of the Cultural Heritage Plan for the Tauriko Business Estate have been given effect, including:
    1. Provision for cultural gateway structures and historical panels within the defined Landmark Entry Treatment Areas;
    2. Naming of streets, parks and other public amenities; 
    3.  Riparian protection and native planting alongside Kopurererua Stream and stormwater ponds;
    4. Archaeological site monitoring and protection;
  4. A report shall be provided by a Category 1 Geotechnical Practitioner to demonstrate that consideration has been given to geotechnical aspects, including:
    1. Earth filling and peat deposits;
    2. Earthworks excavations; 
    3. Slope stability; 
  5. Notwithstanding compliance with Appendix 18F.7 Sequencing Schedule, Appendix 18F Tauriko Business Estate Services Strategy Statement and Sequencing Schedule, the following additional requirements shall apply in respect of Stormwater Ponds B1 and C: 
    1. Before a section 224(c) certificate is issued for the subdivision of any land within the catchment of Stormwater Pond B1, or for Stormwater Pond B1 itself, the pond shall be fully constructed in accordance with engineering drawings approved by Council, and a value for the land involved shall have been determined in accordance with the Council's Development Contributions Policy; 
    2. Before a section 224(c) certificate is issued for the subdivision of any land within Stages 3A and 3B, or for Stormwater Pond C itself, Stormwater Pond C shall be fully constructed in accordance with engineering drawings approved by Council, and a value for the land involved shall have been determined in accordance with the Council's Development Contributions Policy; 
  6. Public transport routes and facilities shall be provided within the development; 
  7. The location of the following features shall, where relevant to the subdivision, be identified in a consent notice
    1. Boundary between the Tauriko Industry Zone and Tauriko Commercial Zone with the Rural Zone; 
    2. Boundary between the Tauriko Industry Zone and Tauriko Commercial Zone with the Greenbelt Zone; 
    3. Escarpment area; 
    4. Landmark Entry Treatment Area; 
    5. Convenience centre; 
    6. Special Height Control Area; 
    7. Visual mitigation buffer; 
    8. Visual extension of green connector; 
    9. Zone interface 10 metre buffer strip and 80 metre separation strip (Belk Road); 
  8. Where subdivision of any land includes any part of any road, escarpment, Stormwater Management Area, buffer strip, or visual mitigation buffer, provision shall be made for planting that area in accordance with Appendix 18D: Tauriko Business Estate Mitigation, Landscape Features and Buffer Zones, Appendix 18C: Industrial Streetscape Rule Plan and Typical Cross Section and Appendix 18E: Tauriko Business Estate Mitigation and Landscape Features; Species List;
  9. Provision shall be made for a fence of wire mesh (or other visually permeable material) or other physical barrier generally no greater than 1.2 metres in height to be erected at the time of subdivision and maintained to prevent any encroachment of any activity into any escarpment area, visual mitigation buffer, Stormwater Management Area or 5-metre or 10-metre buffer strip in accordance with Appendix 18H: Tauriko Business Estate Mitigation and Landscaping Specification
  10. The Stormwater Management Area, visual mitigation buffer and 10-metre planted buffer strip shall be vested in the Council
  11. Provision shall be made for practical access and servicing of any land adjacent to the subdivision to ensure that adjacent land parcels are able to be developed for their zoned purpose;
  12. The 10-metre planted buffer strip shall be established at a ground level that maximises its screening effect in relation to permitted buildings on adjacent industrial land.
  13. Convenience Centres referred to in Rule 12.E.1.10 b) xi) and h) v) – Controlled Subdivision Activity – Standards and Terms shall be located generally as shown on the UG8, Section 6, Urban Growth Plans, (Part B, Plan Maps). The Convenience Centre shall be demonstrated to be of sufficient area to accommodate the scale of development permitted under Rule 18A.14.2.1 – Tauriko Business Estate Convenience Centre

12E.3.2 Controlled Activity – Matters of Control and Conditions 

The Council reserves control over the following matters: 

12E.3.2.1 General 

  1. The extent and sequence of any proposed staging and how this may affect any Commercial Business Plan Area requirements; 
  2. Any relevant matters to which a design assessment is required to have regard to under Rule 12E.3.1.1 – Design Assessments
  3. The identification, management or protection of historic heritage not identified in Appendix 7A: Register of Built Heritage; Appendix 7B: Register of Significant Maori Areas or Appendix 7D: Register of Significant Archaeological Areas
  4. The retention and management of areas of indigenous flora and fauna habitats; 
  5. Any consent notice requirements. 
  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. 

12E.3.2.2 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

12E.3.2.3 Connectivity and Transportation 

  1. The proximity of the subdivision to any State Highway and the potential effects of anticipated vehicle movements associated with that subdivision on the safe and efficient functioning of that State Highway; 
  2. The provision of public accessways to link residential areas with public transport services, schools, recreational spaces, shops and other activity centres; 
  3. The layout of street patterns and how they provide efficient connections within the subdivision and to undeveloped or developed commercial and industrial zoned land; 
  4. Whether street patterns optimise convenient access to the surrounding transport network
  5. The proposed road hierarchy is consistent with the surrounding transport network and appropriate to meet the transport demands of land uses anticipated in the underlying zone. 

12E.3.2.4 Infrastructure and Services 

  1. The design, construction and location of infrastructure and services to, and within, the subdivision whilst having regard to any relevant urban growth plan requirements and likely future demand of any adjoining undeveloped land; 
  2. The provision of infrastructure provides for a sequential order of development in accordance with Council’s funding programs; 
  3. The requirement for Development Plan Approval to ensure that infrastructure to be vested meets the minimum construction and technical specification requirements of the City
  4. The provision, location and type of easements; 
  5. The extent and sequence of proposed staging; 
  6. The management of construction works; 
  7. The location of any proposed pump station in proximity to any adjoining residential zones in the interests of avoiding adverse effects on future residential amenity values. 

12E.3.2.5 Commercial Zone Plan Areas 

  1. The extent to which the subdivision and future development on any proposed allotment will be consistent with the relevant Plan Area or Outline Development Plan
  2. Any particular access, landscaping or fencing requirements that are specific to a Commercial Plan Area; 
  3. For Poike Road the outcomes of any consultation with Waimapu Marae about on-site landscaping, view shaft and residential activities associated with any development. 

12E.3.2.6 Tauriko Business Estate 

  1. The establishment and maintenance of landscaping on land with specific requirement for: 
    1. A minimum 2-year maintenance program for landscaping on land to be vested in Council
    2. A minimum 3-year maintenance program for landscaping within the visual mitigation buffer; 
  2. Earth filling and excavations, building and infrastructure setback distances from the crest and toe of escarpment slopes, debris retention measures, and batter slope design; 
  3. The completion of relevant works listed in the Appendix 18F.7 Sequencing Schedule, Appendix 18F Tauriko Business Estate Services Strategy Statement and Sequencing Schedule

12E.3.2.7 Heritage 

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

12E.3.2.8 Potentially Contaminated Land 

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

12E.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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