13A.12 Discretionary Activity Rules

Updated 9 September 2013

The following are Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1.  Rule 13A.8.1 – Building Height;
   2.  Rule 13A.8.2 – Building Scale (in relation to an activity within the Conservation Zone);
2.  Any Scheduled Site – Permitted Activity, not otherwise provided for as a Restricted Discretionary Activity, that does not comply with the relevant Permitted Activity Rules for Scheduled Sites, except for:
   1. Multi-level development outside Sub-Zone A in accordance with Appendix 13A: Mount Maunganui Golf Course Scheduled Site – Outline Development Plan which is a Prohibited Activity, except as provided for by Rule 13A.9.2.3 – Permitted Activity Intrusions into Sub-Zone A;
   2. Multi-level development within Sub-Zone A in accordance with Appendix 13A: Mount Maunganui Golf Course Scheduled Site – Outline Development Plan exceeding a height of 26 metres above natural ground level, which is a Prohibited Activity;
   3. Permanent buildings or structures located within Sub-Zone A in accordance with Appendix 13B: Papamoa Top 10 Holiday Resort Scheduled Site – Outline Development Plan, which is a Non-Complying Activity, except for buildings, structures and activities provided for in Rule 13A.9.3 a) - Papamoa Beach Top 10 Holiday Resort Scheduled Site - Permitted Activities, which are Permitted Activities;
3. Any activity not listed as Permitted, Restricted Discretionary, Non-Complying or a Prohibited Activity;
4. Any activity listed as Discretionary in Table 13A.1: Open Space Activity Status.

13A.12.1 Assessment of Discretionary Activities

In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council shall consider any relevant matter with particular regard to the relevant Objectives and Policies of the Plan.

Definitions in this section

activity/activities

building

council

ground level

height

the plan

structure