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Tauranga City Plan

14B.5 Controlled Activity Rules

Updated 11 September 2018


Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term shall be considered a Restricted Discretionary Activity, unless stated otherwise. 


The following are Controlled Activities: 

  1. Controlled Activities on The Elms Scheduled Site; 
  2. All those activities listed in Table 14B.1 Suburban Residential and Large Lot Residential Zone Activity Status as Controlled Activities. 

14B.5.1 Scheduled Site Controlled Activity Standards and Terms

14B.5.1.1 Scheduled Sites - The Elms

All activities identified on The Elms Scheduled Site, identified in the Plan Maps (Part B) shall comply with the relevant Outline Development Plan, contained as an Appendix to this chapter (where relevant), and Rule 14B.3 - Permitted Activity Rules. In the event of any inconsistency between an Outline Development Plan, Rule 14B.5.1 - Scheduled Site Controlled Activity Standards and Terms and Rule 14B.3 - Permitted Activity Rules, the Outline Development Plan and Rule 14B.5.1 - Scheduled Site Controlled Activity Standards and shall prevail.

14B.5.1.2 The Elms Scheduled Site – Standards and Terms

Within The Elms Scheduled Site the following are Controlled Activities:

  1. Visitor information centre activities and activities that involve the congregation of people for such purposes as deliberation, entertainment, private recreation, leisure or similar purposes and includes places of worship, located within the areas specifically identified on Appendix 14I: Outline Development Plan, The Elms
  2. Visitor information centre activities and activities that involve the congregation of people for such purposes as deliberation, entertainment, private recreation, leisure or similar purposes and includes places of worship, shall be Controlled Activities provided they comply with: 
    1.  Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential, Rule 14B3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential, Large Lot Residential

Note: For the avoidance of doubt, where relevant, the provisions of Chapter 4 – General Rules Provisions, also apply.

Note: For the avoidance of doubt, activities outside the areas specifically identified on the Outline Development Plan will be subject to the provisions of Chapter 7 – Heritage and Chapter 14 – Residential Zones and all other relevant provisions of the Plan.


14B.5.2 Controlled Activity – Matters of Control and Conditions – The Elms

The Council reserves control over the following matters:

  1. Buildings should be a scale, form and design that is compatible with the heritage values of The Elms and not adversely affect the amenity values of surrounding residential activities
  2. Parking, access and manoeuvring should be designed to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent road network; 
  3. The screening of parking areas through fencing and/or landscaping to maintain residential amenity values on adjoining or adjacent sites
  4. The location and design of signs should have regard to the heritage values of the site and the amenity values of surrounding residential activities
  5. Regard shall be had to the proposed hours of use and how these may conflict with established residential activities within the locality in terms of noise, frequency of events and traffic movements. 

14B.5.3 Controlled Activity - Standards and Terms - Comprehensive Development in the Suburban Residential Zone Urban Growth Yield Areas

Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas only apply where a site has been identified as a site for comprehensive medium density development in accordance with Rule 12B.3.1.3 - Comprehensively Designed Development at the time of the initial residential subdivision of that site. For the avoidance of doubt, in all circumstances where a comprehensive development is undertaken subdivision consent for the proposed development shall not be granted until a land use consent is granted by Council for the development in accordance with the Standards and Terms of Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas or Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas.

14B.5.3.1 Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas

  1. For the purpose of this rule, comprehensively designed development means: The development of sites for residential purposes in the Pyes Pa West Suburban Residential Zone Medium Rise Plan Area, or the development of sites greater than 3,000m2 and at a density greater than that permitted by Rule 14B.3.1 Residential Development Density – Suburban Residential, Large Lot Residential in the Pyes Pa West, Hastings Road, Kennedy Road and West Bethlehem Urban Growth Yield Areas identified on Section 6, (Plan Maps Part B), (Urban Growth Plans)
  2. In all circumstances where a comprehensively designed development is undertaken subdivision consent for the proposed development shall not be granted until a land use consent is granted by Council for the development in accordance with the following standards and terms; 
  3. Building setbacks shall ensure that at least 50% of the site frontage is in accordance with Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential requiring a 3m setback from the defined street boundary
  4. There shall be a maximum building length of 15 metres without facade setback or mitigation, such as architectural features, that provides visual relief to the facade and elevation of the building
  5. Compliance with the overshadowing and site setback rules of Rule 14B.3 - Permitted Activity Rules shall apply at the boundaries of the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area). Applying such rules at any future internal boundaries within the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is optional; 
  6. All dwellings shall have a private outdoor living area continuous with the dwelling unit equivalent which shall: 
    1. If at ground level, have a minimum dimension of 5 metres in any one direction or, if located above ground level, shall be a balcony of at least 6m2 having a minimum dimension of 1.5 m; 
    2. In the case of the balcony provision, be located to achieve at least a 10 m unobstructed outlook over the site or to an area of permanent open space; 
    3. Such private outdoor living areas shall be accessible from the main living area of the dwelling; 
    4. An area of private outdoor living area shall be located to receive sunlight for at least four hours on the 21 June; 
    5. Any nominated private outdoor living area shall be unobstructed by buildings, parking or vehicle access and manoeuvring areas and future boundary lines; 
    6. Any nominated private outdoor living area shall be located and/or screened so that at least 50% of the area has visual privacy from the living rooms (not including bedrooms) and the private outdoor living areas of other dwellings on the development site and adjacent sites
    7. Any communal living area provided shall be in addition to, not in substitution of, the required private outdoor living area for each dwelling. 
  7. Where any dwelling is to be sited within 10 m of another dwelling there shall be no direct line of sight from the main living areas or outdoor living areas of the dwelling into the main living areas (not including bedrooms) or nominated outdoor living area of another dwelling on the same site. If a direct line of sight between main living areas and outdoor living areas cannot be avoided, visual screening shall be constructed or planted to prevent a line of sight; 
  8. For the purposes of implementation of these rules, any application for a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) shall be accompanied by a design report by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design; 
  9. Prior to approval by Council, the Council may require an independent review of this report at the applicant’s expense. 

Note: Any activity that does not comply with Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas shall be considered as a Discretionary Activity


14B.5.3.2 Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas

  1. For the purpose of this Rule, comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) means the development of sites less than 3,000m2 for residential purposes at a density greater than permitted by Rule 14B.3.1 – Residential Development Density within the Pyes Pa West, Hastings Road, Kennedy Road and West Bethlehem Urban Growth Yield Areas identified on Section 6, (Plan Maps (Part B), (Urban Growth Plans)
  2. In all circumstances where a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is undertaken, subdivision consent shall not be granted and development shall not be undertaken until an Outline Development Plan has been approved for the development of the site. Any Outline Development Plan shall be in accordance with the criteria outlined in Rule 14B.5.3.1 – Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas above and the Outline Development Plan shall be developed generally in accordance with the Outline Development Plan example included in Appendix 14K: Outline Development Plan, Example, to address the following matters 
    1. Building envelope; 
    2. Parking; 
    3. Private open space; 
    4. Permitted yard intrusions; 
    5. Vehicle access; 
    6. Landscape planting; 
    7. Site coverage
  3. The Outline Development Plan shall be developed with regard to the standards and terms and matters of control and conditions set out at Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and subject to a report submitted in accordance with Rule 14B.5.3.1 h) - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas

Note: Any activity that does not comply with Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas shall be considered as a Discretionary Activity.


14B.5.3.3 Controlled Land Use – Comprehensively Designed Development in the Suburban Residential Zone Urban Growth Yield Area - Matters of Control and Conditions

The Council reserves control over the following matters:

  1. The extent to which the following design objectives are achieved when considering the design standards and terms for comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas or Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas
    1. Integrates well with the immediate locality; 
    2. Contributes to the streetscape
    3. Is of a high standard of architecture; 
    4. Provides residents with good outlook and outdoor space related to each unit; 
    5. Incorporates on-site landscaping that integrates buildings, safe use of private, public or common use areas on the site, and softens the visual effect of the development on the surrounding environment
    6. Caters for safe traffic, parking, and servicing effectively and efficiently; 
    7. Promotes on-site safety and security; 
    8. Promotes low impact, green stormwater management techniques, while having regard to the engineering design needs of the Pyes Pa West stormwater catchment. 
  2. The application of financial contributions in accordance with Chapter 11 – Financial Contributions
  3. The development intensity and scale, wind effects and traffic management, safety and convenience standards to be applied to the site development; 
  4. Management of the quantity and quality of stormwater to be discharged from the site
  5. The design objectives and design standards and terms in Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and the imposition of any condition directly related to these matters covering: 
    1. Streetscape
    2. Building form; 
    3. Outlook and outdoor spaces; 
    4. Visual and aural privacy; 
    5. Landscaping; 
    6. Traffic, parking, access, pedestrian accessibility and safety. 
    7. The extent to which the development integrates well with the immediate locality and contributes  positively to the wider street scene shall be considered by having regard to: 
    8. The development’s sensitivity to the residential character and amenity values of the locality, both within the site and in the surrounding area; 
    9. The design of carports and garages as an integrated component of the building form, site  development and landscaping; 
    10. Carparking areas shall not dominate the appearance of the development when viewed from the  street or any adjoining property. Large numbers of spaces in one area shall be avoided, or  broken up and mitigated by landscaping. 
  6. Buildings shall be designed to ensure good visual contact between dwellings and the public street and internal street; 
  7. The extent to which the architectural qualities of the development exhibits innovation shall be considered by having regard to: 
    1. The development is designed to create visual character and variety; 
    2. Areas of blank walls are kept to a minimum. 
    3. The extent to which the development provides for the visual and aural privacy of occupants and neighbours; 
    4. The extent to which access points into the site, and car parking areas, are sited and designed to avoid the adverse effects of noise and other effects on aural or visual privacy; 
    5. The extent to which existing vegetation is retained and landscaping adds to the amenity of the development and assists in stormwater management shall be considered by having regard to: 
    6. The extent to which existing mature trees are incorporated into the site and landscape design; 
    7. The extent to which natural watercourses within or adjoining the site are retained and their long-term contribution to stormwater management is not compromised; 
    8. The extent to which on-site landscaping is designed to enhance the appearance of the buildings, assist in stormwater management, and soften or screen the visual impact of car parking and service areas
    9. The extent to which low impact stormwater design methods, including source control, are incorporated into the site, building and landscaping design where these assist in meeting the stormwater management rules applying to the Pyes Pa West Urban Growth Area
  8. The extent to which traffic, parking and servicing requirements resulting from the development can be effectively and efficiently catered for shall be considered by having regard to the following matters: 
    1. Whether provision has been made for resident and visitor parking and manoeuvring and site access in accordance with Chapter 4 – General Rules Provisions without dominating the appearance or functioning of the development, detracting from the amenity of the units (or units on adjoining sites), adversely affecting road safety or efficiency, or unnecessarily increasing the percentage of impermeable surfaces within the development; 
    2. Whether provision for on-site pedestrian movement, wherever possible, been separated from vehicular movement areas, and calming measures used in joint vehicle/pedestrian use areas; 
    3. Whether provision for refuse collection, recycling, outdoor storage and similar services is integrated into the development, is appropriately sized in relation to the scale of the development, whether collection points and facilities are readily accessible by service vehicles and workers and will not at any time detract visually or generate health risks in the area. This may entail providing more than one storage or collection point for refuse within the development; 
    4. The extent to which lighting for amenity and crime prevention is an integral part of the development, and is designed and positioned to maximise the personal safety of occupants and visitors without creating nuisance for adjoining properties or drivers of vehicles through excessive glare; 
    5. The extent to which provision is made for vehicle and pedestrian/cyclist links to, from, through and/or around the development in a way that provides opportunities for physically connecting to and from public reserves and walkways shown on the relevant Section 6, (Plan Maps, Part B) (Urban Growth Plan)

14B.5.4 Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential

For each showhome site:

  1. Except where an office ancillary to a showhome seeks to establish in a lawfully established independent dwelling unit; an office ancillary to a showhome in a Financial Contribution Urban Growth Area (identified on Diagram 5, Section 5, Plan Maps, Part B) zoned Suburban Residential and Large Lot Residential shall comply with the Permitted Activity Rule in Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone or 14B.3.8 - Site Coverage – Large Lot Residential Zone as relevant; Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential and the relevant rules in Chapter 4 - General Rules Provisions
  2. There shall be no more than one office ancillary to a showhome on a site
  3. Activities carried out in an office ancillary to a showhome shall relate solely to the promotion of the product of the showhome operator; 
  4. No more than 4 people may be employed to work in an office ancillary to a showhome on a site; 
  5. The maximum gross floor area for an office ancillary to a showhome on a site shall be 120m2
  6. An office ancillary to a showhome shall provide on-site vehicle parking, manoeuvring, loading and access in accordance with requirements for offices set out in the provisions of Chapter 4 – General Rules Provisions
  7. Notwithstanding Rule 14B.5.4 f) - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential an office ancillary to a showhome shall not have any vehicle access onto and or from the strategic road network (excluding secondary arterials); 
  8. Signage for an office ancillary to a showhome shall be as follows: 
    1. 1 freestanding sign, including structures used to support it or that in themselves act as a freestanding sign, of a maximum of 1m2 in sign area and a maximum height of 4m; and 
    2. 1 sign attached to a building of a maximum of 2m2 in sign area and a maximum height of 4m; 
    3. Any illuminated sign or sign with moving parts shall comply with Rule 4D.2.3.2 c) and d) – Residential Zones (excluding Ngati Kahu Sub Zones), Rural Residential Zones and Rural Zones
    4. Any permanent sign shall relate only to the promotion of the product of the showhome operator. 

Note: For the avoidance of doubt, new offices not ancillary to a showhome or not falling within the definition of Home-based business are a Non-Complying Activity in accordance with Rule 14B.8 – Non-Complying Activities.


14B.5.5 Controlled Activity – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential - Matters of Control and Conditions

The Council reserves control over the following matters:

  1. Landscaping to maintain residential amenity values on adjoining or adjacent sites including mitigating the adverse visual impact of parking areas; 
  2. Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites
  3. The location and design of signs in terms of maintaining the residential amenity and character values of the site and the amenity and character values of surrounding residential activities
  4. The design of parking, access and manoeuvring to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent transport network

 

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