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Tauranga City Plan

14B.6 Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities: 

  1. Any Permitted Activity in the Suburban Residential Zone that does not comply with a maximum of two of the following Permitted Activity conditions: 
    1.  Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential
    2.  Rule 14B.3.4 - a) i), a) iii), a) iv),  b), c),  d) - Setbacks – Suburban Residential, Large Lot Residential
    3.  Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential
    4.  Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential
    5.  Rule 14B.3.9 - Access – Suburban Residential, Large Lot Residential
    6.  Rule 14B.3.10 - Outdoor Living Area – Suburban Residential
    7.  Rule 14B.3.13 - h) Secondary Independent Dwelling Units – Suburban Residential, Large Lot Residential
    8.  Rule 14B.3.16 - Showhomes
    9.  Rule 14B.3.15 b), c),  d) or e) – Specific Urban Growth Area Requirements
  2. Any Permitted Activity in the Large Lot Residential Zone that does not comply with:
    1.  Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential
    2.  Rule 14B.3.4 - a) i), a) iii), a) iv), b), d), e) - Setbacks – Suburban Residential, Large Lot Residential
    3.  Rule 14B.3.5 - Setbacks – Suburban Residential, Large Lot Residential
    4.  Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential
    5.  Rule 14B.3.9 - Access – Suburban Residential, Large Lot Residential
    6.  Rule 14B.3.16 – Showhomes
  3. Any Controlled Activity on The Elms Scheduled Site that does not comply with Rule 14B.5.1.2 – The Elms Scheduled Site – Standards and Terms
  4. Any Permitted Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with the Special Permitted Activity Standards and Terms; 
  5. Any Permitted Activity within the Te Paeroa Road Scheduled Site, Bethlehem which does not comply with Rule 14B.4.6 b) ii) - Te Paeroa Road Scheduled Site, Bethlehem (which relates to the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem prior to 1 January 2016); 
  6. Any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session that does not comply with Rule 14B.4.6 a) i) – Te Paeroa Road Scheduled Site, Bethlehem
  7. Any retirement village that does not comply with Rule 14B.3.1 – Residential Development Density – Suburban Residential, Large Lot Residential
  8. Any Permitted Activity in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1.  Rule 14B.4.7.4 a) - Streetscape – Papamoa Medium Rise Plan Area
    2.  Rule 14B.4.7.5 a) - Setbacks – Papamoa Medium Rise Plan Area
    3.  Rule 14B.4.7.6 - Setbacks – Traffic Management – Safety – Papamoa Medium Rise Plan Area
    4.  Rule 14B.4.7.7 - Overshadowing – Papamoa Medium Rise Plan Area
    5.  Rule 14B.4.7.8 - Access – Papamoa Medium Rise Plan Area
  9. Any Permitted Activity in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1.  Rule 14B.4.7.5 b) ii) - Setbacks – Papamoa Medium Rise Plan Area
    2.  Rule 14B.4.7.6 – Setbacks - Traffic Management and Safety – Papamoa Medium Rise Plan Area
    3.  Rule 14B.4.7.7 - Overshadowing – Papamoa Medium Rise Plan Area
    4.  Rule 14B.4.7.8 - Access – Papamoa Medium Rise Plan Area
    5.  Rule 14B.4.7.9 - Building Length – Beachside Neighbourhood - Papamoa Medium Rise Plan Area
    6.  Rule 14B.4.7.10 - Fencing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area
  10. Any comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1.  Rule 14B.6.16.4 a) - Streetscape – Papamoa Medium Rise Plan Area
    2.  Rule 14B.6.16.5 a) - Setbacks – Papamoa Medium Rise Plan Area
    3.  Rule 14B.6.16.6 - Building Length – Papamoa Medium Rise Plan Area
    4.  Rule 14B.6.16.8 - Overshadowing – Papamoa Medium Rise Plan Area
    5.  Rule 14B.6.16.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area
    6.  Rule 14B.6.16.10 - Fencing – Inland Neighbourhood - Papamoa Medium Rise Plan Area
    7.  Rule 14B.6.16.18 - Building Platform Requirements – Papamoa Medium Rise Plan Area;
  11. Any comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1.  Rule 14B.6.16.5 b) ii) - Setbacks – Papamoa Medium Rise Plan Area
    2.  Rule 14B.6.16.7 - Building Length – Beachside Neighbourhood - Papamoa Medium Rise Plan Area
    3.  Rule 14B.6.16.8 - Overshadowing – Papamoa Medium Rise Plan Area
    4.  Rule 14B.6.16.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area
    5.  Rule 14B.6.16.11 - Fencing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area
    6.  Rule 14B.6.16.14 - Location of Vehicle Parking – Beachside Neighbourhood -  Papamoa Medium Rise Plan Area
    7.  Rule 14B.6.16.18 - Building Platform Requirements – Papamoa Medium Rise Plan Area
  12. ​Any activity identified as a Restricted Discretionary Activity in Table 14B.1 - Suburban Residential and Large Lot Residential Zone Activity Status
  13. Activities that do not comply with Rule 14B.3.15 a) – Specific Urban Growth Area Requirements where the average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas, except where the minimum average nett yield is less than 12 dwellings per hectare. 

14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions

14B.6.1.1 Streetscape

In considering activities that do not comply with Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

  1. The extent to which the proposal would impact on the maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from public private interface and from adjoining properties; 
  2. Lead to the visual dominance of buildings as viewed from the street and from the surrounding neighbourhood; 
  3. Address adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public private interface. 

14B.6.1.2 Setbacks

In considering activities that do not comply with Rule 14B.3.4 a) i), a) iii), a) iv), b) - Setbacks – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

  1. The extent to which the proposal would impact on the visual and aural privacy of occupants in adjoining sites
  2. Hinder the ability to maintain access for maintenance, including for buildings on adjoining properties; 
  3. Lead to the visual dominance of buildings as viewed by adjoining and adjacent properties; 
  4. Be addressed through design measures, including minimisation of the length of encroachment into setback or landscaping. 

14B.6.1.3 Setbacks – Traffic Management – Safety

In considering activities that do not comply with Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 On-site Parking Requirements.

14B.6.1.4 Overshadowing

In considering activities that do not comply with Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties.

14B.6.1.5 Access

In considering activities that do not comply with Rule 14B.3.9 – Access – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential character and amenity.

14B.6.1.6 Outdoor Living Area

In considering activities that do not comply with Rule 14B.3.10 - Outdoor Living Area – Suburban Residential, and/or Rule 14B.3.13 h) - Secondary Independent Dwelling – Suburban Residential, Large Lot Residential Units the Council restricts the exercise of its discretion to:

  1. The extent to which the proposal would impact on the opportunity for occupants to enjoy a reasonable outlook and useful outdoor space on-site; 
  2. The impact on maintaining a consistent open pattern of building development and separation within the neighbourhood; 
  3. Design measures, including, but not restricted, to the provision of alternative on-site provisions of outdoor living area or leisure facilities to meet the needs of residents over the lifetime of the building

14B.6.1.7 Showhomes

In considering showhomes that do not comply with Rule 14B.3.16 Showhomes or which are classified as Restricted Discretionary Activities in Table 14B.1: Suburban Residential and Large Lot Residential Zone Activity Status, the Council restricts the exercise of its discretion to:

  1. The matters set out above in Rule 14B.6.1.1 – Streetscape through Rule 14B.6.1.6 – Outdoor Living Area where applicable; 
  2. Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites; and 
  3. 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 road network. 

14B.6.1.8 Specific Urban Growth Area Requirements

In considering activities that do not comply with Rule 14B.3.15 b), c), d) or e) – Specific Urban Growth Area Requirements the Council restricts the exercise of its discretion to:

  1. The extent to which the degree of non-compliance will compromise the ability to deliver the intent of the relevant Urban Growth Plan (Plan Maps, Part B, Section 6); and 
  2. Any alternative solutions proposed that are consistent with the intent of the relevant Urban Growth Plan (Plan Maps, Part B, Section 6);
  3. The potential adverse effects of the non-compliance on adjoining land, the transport network and the ability to deliver infrastructure in a coordinated and financially sustainable manner. 

14B.6.2 Restricted Discretionary Activities – Matters of Discretion and Conditions – The Elms Scheduled Site

In considering any restricted discretionary activities within The Elms Scheduled Site, the Council restricts the exercise of its discretion to:

  1. The extent to which the activity is consistent with and will support the Objectives and Policies for Chapter 4 – General Rules Provisions, Chapter 7 - Heritage and for the anticipated and existing suburban residential character and amenity; 
  2. The matters of control and conditions in Rule 14B.5.2 - Controlled Activity – Matters of Control and Conditions – the Elms
  3. The extent of off-site effects from an on-site parking shortfall having regard to the availability of public parking in the locality and the objectives of any relevant Local Parking Management Plan; 
  4. Whether the design and location of signs will adversely affect the heritage values of the site or the amenity values of surrounding residential activities
  5. The proximity of the activity to adjoining or adjacent residential activities and the extent to which noise generated from the site will adversely affect surrounding residential amenity values; 
  6. Whether the additional amount of light spill in conjunction with the hours of operation of the lighting will adversely affect surrounding residential amenity values. 

14B.6.3 Restricted Discretionary Activities – Standards and Terms Activities not complying with Rule 14B.3.4 c) and d)

Restricted Discretionary Activities shall comply with the following standards and terms:

  1. A qualified landscape architect shall prepare a landscape and visual assessment for any application for resource consent; 
  2. The assessment shall have particular regard to the open space character and factors, values and associations that contribute to the areas landscape and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland

Note: Any activity that does not comply with Rule 14B.6.3 – Restricted Discretionary Activity – Standards and Terms Activities not complying with Rule 14B.3.4 c) and d) – Setbacks – Suburban Residential, Large Lot Residential shall be considered a Discretionary Activity.


14B.6.4 Restricted Discretionary Activities – Matters of Discretion and Conditions - Activities not complying with Rule 14B.3.4 c) and d)

In considering activities that do not comply with Rule 14B.3.4 c), d) - Setbacks – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

  1. The height, scale, and location of any building, structure, or sign; 
  2. The use of material on the exterior of any building or structure, including the use of colour; 
  3. The nature, location and extent of any proposed earthworks
  4. The location and design of access, parking areas; infrastructure and services or fences; 
  5. Whether the proposed activity, building or structure will adversely affect the indigenous flora and fauna values and whether retention of indigenous and exotic vegetation, reinstatement of indigenous vegetation or provision of new indigenous planting is required. 
  6. Whether the proposed activity, building or structure will adversely affect the factors, values and associations of a specific landscape feature and whether retention of specific landscape features or reinstatement of those features is required. 

14B.6.5 Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome

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 shall comply with the Permitted Activity 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 ResidentialRule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot ResidentialRule 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 three 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 50m2
  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 Rule 4B – Purpose of Transportation Provisions
  7. Notwithstanding Rule 14B.6.5 f) - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome, an office ancillary to a showhome shall not have any vehicle access onto and from the strategic road network (excluding secondary arterials). 

Note: Any activity that does not comply with Rule 14B.6.5 - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome shall be considered a Discretionary Activity.

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.6.6 Restricted Discretionary Activities – Matters of Discretion and Conditions for an Office Ancillary to a Showhome

The Council restricts the exercise of its discretion to:

  1. The extent to which the use detracts from or conflicts with the maintenance of residential amenity, character and coherence on surrounding sites, including privacy and noise related impacts; 
  2. The extent of any mitigation of potential adverse effects through increased yard distances, provision of screening or landscape treatment, external appearance of buildings, location of access and egress and parking areas, hours of operation, and period of operation; 
  3. The extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the road (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential amenity in the neighbourhood; 
  4. Any cumulative effect of traffic generation in conjunction from other activities in the surrounding residential neighbourhood. 

14B.6.7 Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site

Any Restricted Discretionary Activity within the Grace Hospital, Cheyne Road Scheduled Site shall comply with:

  1. The permitted activity conditions of Rule 14B.4.5 – Grace Hospital, Cheyne Road Scheduled Site shall apply with the exception of Rule 14B.4.5 b) and c) – Grace Hospital, Cheyne Road Scheduled Site
  2. Maximum height of buildings shall be as defined on the Outline Development Plan, Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road
  3. All buildings which face Cheyne Road shall have a minimum of 30% glazing within the walls facing the Cheyne Road boundary. Glazing shall be two way and allow some visibility of activities within the building when viewed from Cheyne Road and passive surveillance of Cheyne Road from the hospital building. External screens can be used over glazing; 
  4. External materials and finishes on buildings and structures will have reflectance value less than 75% selected from BS5252 hue range of Group A, B and C. Group D and E are excluded; 
  5. The public frontage of buildings (facing the site boundaries, or the inner open space of the site) shall have relief features in the main façades. A minimum setback, stepping or architectural relief (relief feature) of 1.5 metres, perpendicular to the wall façade; shall occur a minimum of every 10 metres of the length of the wall façade. The relief feature shall be capable of casting shadow onto the adjacent façade, to achieve the appearance of smaller residential scale units. Relief features can include balconies, verandas, courtyards or recessed entry points; 
  6. The main entrances to buildings shall be accessed from the main central open space within the site
  7. For buildings above 12m in height, the minimum setback to a site boundary shall be 12m, or compliance with Appendix 14C: Overshadowing, whichever is greater; 
  8. For buildings above 12m in height, the outdoor developed landscape between the building and the boundaries between the points A-A1 and B-B1 on Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road shall: 
    1. be a minimum of 10m deep except where no building is located within 20m of the relevant site boundary in which case a 5m outdoor developed landscape shall be provided along that boundary
    2. throughout, include tree species capable of growing at least 10m tall; and 
    3. not be used for car parking, paving, or other hard surfaces (other than vehicle crossings) or constraints to the successful establishment of trees within the site

Note: Any Restricted Discretionary Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with Rule 14B.6.7 - Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site shall be considered a Discretionary Activity.

Note: For an indicative example of the interpretation of this rule, refer Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheets 2 and 3.


14B.6.8 Restricted Discretionary Activities – Matters of Discretion and Conditions – Grace Hospital Cheyne Road Scheduled Site 

In considering any Restricted Discretionary Activity within the Grace Hospital Cheyne Road Scheduled Site, the Council restricts the exercise of its discretion to: 

  1. Consistency of buildings and activities with Objective 14A.1.4 - Scheduled Sites in the Residential Zones and Policy 14A.1.4.1 a) and e) Scheduled Sites in the Residential Zones
  2. Consistency with the Outline Development Plan contained in Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road; 
  3. The effects of building bulk and scale on the suburban residential character and amenity values of the locality, both within the site, and in the surrounding area; 
  4. The maintenance and enhancement of open space and landscape planting to ensure development makes a positive contribution to visual amenity and to help offset the impact of the built development on the site
  5. Design and layout of development to break up vertical and horizontal mass through location on the site and the detail of building façades, and to ensure a streetscape complimentary to the surrounding residential environment
  6. Whether new buildings and structures take into account and respond to the character, design and materials of existing buildings within the site
  7. The extent to which the proposal incorporates on-site outdoor developed landscape that integrates buildings, facilitates the safe use of private, public or common use areas on the site, and softens the visual effect of the development on the surrounding environment
  8. Screening of outdoor service areas and storage areas, including refuse storage areas, from any adjacent or adjoining residential sites and from the road frontage; 
  9. Parking, vehicle and pedestrian access and manoeuvring allows for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent transport network and integration with the public transport infrastructure
  10. Signage that is visible externally from the site is of a design, scale and location consistent with maintenance of the amenity of the surrounding suburban residential environment

14B.6.9 Non-Notification for the Establishment of any Pre-School/Childcare Facility within the Te Paeroa Road Scheduled Site, Bethlehem

Any resource consent application for the establishment of a pre-school/childcare facility, with a maximum attendance greater than 30 children at any one session, within the Te Paeroa Road Scheduled Site, Bethlehem under Rule 14B.6 – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons, other than the road controlling authority for the State Highway.

14B.6.10 Restricted Discretionary Activities – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem


Note: Any activity that does not comply with Rule 14B.6.10 – Restricted Discretionary Activity – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem shall be considered a Discretionary Activity.


  1. For the establishment of office or retail activity prior to 2016: 
    1. For the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem prior to 1 January 2016 an economic assessment of the effects of the proposed activity on the efficient distribution of commercial development shall be undertaken by a suitably qualified person; 
    2. The assessment shall have particular regard to 17A.5.2 Objective – Efficient Distribution of Commercial Development, 17A.5.2.1 Policy – New Commercial Zones or Commercial Development Outside of Commercial Zones and 17A.5.2.2 Policy – Efficiency of the Transport Network and address the potential distributional effects on the local Commercial Zone and town centre. 
  2. For the establishment of any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session: 
    1. For any pre-school/childcare facility which does not comply with Rule 14B.4.6 a) iv) - Te Paeroa Road Scheduled Site, Bethlehem, a qualified transportation engineer shall prepare an assessment of the effects of the proposed activity on the safe and efficient function and operation of the transport network (including the strategic road network); 
    2. The assessment shall have particular regard to the safe and efficient function and operation of the transport network (including the strategic road network) and address the matters outlined in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy – Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service

14B.6.11 Restricted Discretionary Activities – Matters of Discretion and Conditions – Te Paeroa Road Scheduled Site, Bethlehem

  1. For the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem prior to 1 January 2016, the Council restricts the exercise of its discretion to: 
    1. Consistency with the specific objectives and policies for the Te Paeroa Road Scheduled Site, Bethlehem; 
    2. The effects on the efficient distribution of commercial development as a result of the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem, prior to 1 January 2016; 
    3. For the Te Paeroa Road Scheduled Site, Bethlehem any recommendations resulting from an assessment of effects undertaken by a qualified expert under Rule 14B.6.10 - Restricted Discretionary Activities – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem
  2. For the establishment of any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session, the Council restricts the exercise of its discretion to: 
    1. The safe and efficient function and operation of the transport network (including the strategic road network); 
    2. The matters of discretion under Rule 4B.4.2 - Restricted Discretionary Activity – Matters of Discretion and Conditions
    3. The effects on the transport network and the measures to avoid, remedy or mitigate these, and any recommendations resulting from an assessment of effects prepared by a qualified transportation engineer; 
    4. The matters addressed in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy – Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service

14B.6.12 Restricted Discretionary Activity - Standards and Terms – Retirement Villages 

Retirement Villages defined as Restricted Discretionary Activities under Rule 14B.6 g) - Restricted Discretionary Activity Rules are subject to the following standards and terms: 

  1. Retirement villages shall comply with the following permitted activity rules: 
    1.  Rule 14B.3.2 – Building Height - Suburban Residential, Large Lot Residential
    2.  Rule 14B.3.3 – Streetscape - Suburban Residential, Large Lot Residential
    3.  Rule 14B.3.4 – Setbacks - Suburban Residential, Large Lot Residential
    4.  Rule 14B.3.5 – Setbacks – Traffic Management – Safety - Suburban Residential, Large Lot Residential
    5.  Rule 14B.3.6 – Overshadowing - Suburban Residential, Large Lot Residential
  2. Shall occur on a development site with a minimum gross site area of 5000m²; 
  3. The maximum development intensity shall be:
Activity Density
Independent dwelling units  1 per 200m² of gross site area 
Rest home or retirement accommodation provided on a bed or room basis that is not an independent dwelling unit.  1 bed or resident per 75m² of gross site area 
  1. An application shall be accompanied by a design assessment prepared by a person suitably qualified and/or experienced in the field of urban design, building design or landscape design. This assessment shall be commensurate to the scale of the proposal and clearly discuss: 
    1. The manner in which the activity relates to, and addresses adverse effects on, the residential amenity values and character of its adjacent neighbours and the wider suburban residential environment
  2. An application shall be accompanied by an engineering assessment of infrastructural capacity within the subject catchment in relation to the anticipated water, wastewater and stormwater demands generated by the proposed activity
  3. Retirement villages shall also comply with the following sections of the Plan: 
    1. The provisions of Chapter 4 – General Rules Provisions
    2. The provisions of Chapter 7 – Heritage
    3. The provisions of Chapter 8 – Natural Hazards
    4. The provisions of Chapter 9 – Hazardous Substances and Contaminated Land
    5. The provisions of Chapter 11 – Financial Contributions
    6. The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Infrastructure and Services
    7. The provisions of any Plan Area

Note: Any activity that does not comply with Rules 14B.6.12 b), c), d) or e) - Restricted Discretionary Activity - Standards and Terms – Retirement Villages shall result in the activity being considered a Discretionary Activity. 

Note: Activities that do not comply with Rules 14B.6.12 a) or 14B.6.12 f) - Restricted Discretionary Activity - Standards and Terms – Retirement Villages shall result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.


14B.6.13 Restricted Discretionary Activities – Matters of Discretion and Conditions – Retirement Villages 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the use maintains and/or enhances the residential amenity character and coherence of the surrounding neighbourhood; 
  2. The extent to which the scale, layout and appearance of built form and the use of landscape planting provides a transitional area at the edges of the development site (including any street frontage) to assist with its integration with adjacent land use; 
  3. The capacity of infrastructure to accommodate the anticipated demand of the activity
  4. The design and location of entry and exit points onto public roads; 
  5. The application of Financial Contributions in accordance with Chapter 11- Financial Contributions

14B.6.14 Restricted Discretionary Activities – Matters of Discretion and Conditions - Activities not complying with the Permitted Activity Standards in the Papamoa Medium Rise Plan Area 

14B.6.14.1 Permitted Activities in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.4 a) - Streetscape: 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the proposal would impact on maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the public private interface and from adjoining properties. 
  2. The extent to which the proposal would lead to the visual dominance of buildings as viewed from the street and from the surrounding neighbourhood. 
  3. The extent to which the proposal addresses adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public private interface. 

14B.6.14.2 Permitted Activities in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.5 a) – Setbacks – Papamoa Medium Rise Plan Area and Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.5 b) ii) – Setbacks – Papamoa Medium Rise Plan Area 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the proposal would impact on the visual and aural privacy of occupants in adjoining sites
  2. The extent to which the proposal would hinder the ability to maintain access for maintenance, including for buildings on adjoining properties; 
  3. The extent to which the proposal would lead to a visual dominance of buildings as viewed by adjoining and adjacent properties; 
  4. The extent to which the noncompliance can be mitigated through design measures including minimization of the length of encroachment into setback or landscaping. 

14B.6.14.3 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.6 - Setbacks – Traffic Management and Safety: 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the matters in Policy 4B.1.3.1 On–site Parking Requirements are addressed; 

14B.6.14.4 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.7 - Overshadowing: 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties. 

14B.6.14.5 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.8 - Access: 

The Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without: 

  1. Compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement); 
  2. The loss of residential character and amenity. 

14B.6.14.6 Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.9 - Building Length – Beachside Neighbourhood – Papamoa Medium Rise Plan Area 

The Council restricts the exercise of its discretion to: 

  1. The extent to which the development contributes positively to the streetscape and the wider street scene, visual character and variety and ensures areas of blank walls are kept to a minimum; 
  2. The use of design features including relief features capable of casting shadow onto the adjacent façade to achieve the appearance of smaller residential scale units. Relief features can include eaves, balconies, verandahs, courtyards or recessed entry points; 
  3. The maintenance and enhancement of the open space and natural character values at the interface with the Coastal Marine Area and dune land; 
  4. The protection and enhancement of the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area and the Important Amenity Landscapes Plan Area
  5. The avoidance of adverse effects on the landscape character values within the coastal beach environment with regard to compatible landscape treatment including appropriate landscape interface treatment and selecting materials and colours for external surfaces that assist in integrating the built form into the adjoining coastal environment
  6. The extent to which the development has regard to the factors, values and associations of the adjoining dune land and Special Ecological Area; 
  7. The extent to which the area within building setbacks along the western boundary to the Conservation Zone, Outstanding Natural Features and Landscapes Plan Area and Special Ecological Area incorporates landscape planting to maintain and enhance the dune land and the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area as well as soften bulk and scale of built form when viewed from the direction of the Outstanding Natural Features and Landscapes Plan Area and the Special Ecological Area; 
  8. The extent to which the area within building setbacks along the road boundary to Papamoa Beach Road incorporates landscape planting to enhance amenity values and soften bulk and scale of built form, when viewed from the direction of Papamoa Beach Road and the surrounding Suburban Residential Zone. 

14B.6.14.7 Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.10 – Fencing – Beachside Neighbourhood – Papamoa Medium Rise Plan Area 

The Council restricts the exercise of its discretion to: 

  1. The extent to which overall fence or wall height within building setbacks contributes to softening bulk and scale of built form (including the bulk and scale of fence or wall) and enhancing the amenity values of the streetscape of Papamoa Beach Road and the public accessway along the eastern boundary
  2. The extent to which overall fence or wall height within building setbacks has regard to maintaining and enhancing the dune land and the factors, values and associations of the Special Ecological Area and the Outstanding Natural Features and Landscapes Plan Area

14B.6.15 Restricted Discretionary Activity – Non - Notification of Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area 

Any application for a resource consent within the Papamoa Medium Rise Plan Area, 12m Height Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 made under Rule 14B.6.16 Standards and Terms – Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area shall not be notified or served on affected persons. 

14B.6.16 Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area 

14B.6.16.1 Comprehensively Designed Development – Papamoa Medium Rise Plan Area – Inland Neighbourhood and Beachside Neighbourhood 

In all circumstances where a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is undertaken land use consent must precede subdivision consent or the subdivision consent may be undertaken concurrently with the land use consent. Subdivision consent for a comprehensively designed development shall not be granted until a land use consent is granted by Council for the development in accordance with the standards and terms in Rule 12B.3.1.1 b) – Medium Allotment Size and in accordance with Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and in addition for the Beachside Neighbourhood Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 2 and 3


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area - Inland Neighbourhood and Beachside Neighbourhood shall be considered a Discretionary Activity. 


14B.6.16.2 Residential Development Density – Inland Neighbourhood and Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

The comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) density shall be between 1 independent dwelling unit per 200m2 of gross site area and 1 independent dwelling unit per 325m2 of gross site area. 


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.2 - Residential Development Density - Inland Neighbourhood and Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.3 Height – Papamoa Medium Rise Plan Area 

  1. In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be: 
    1. 9m for any part of any building within 20m of the external boundaries of the Inland Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; and 
    2. 12m for any part of any building within 20m of the internal development boundary of the Inland Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 where prior to building works relating to the increase in height being undertaken, the written approval of those property owners and occupiers whose properties adjoin the property on which the increase in height is proposed has been obtained and is clearly endorsed on all relevant building plans or other plans that show the increase in height. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s); and 
    3. 12m for any part of any building further than 20m from the external boundaries of the Inland Neighbourhood or the internal development boundary of the Inland Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; provided 
    4. In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area, no building or structure within any identified Viewshaft Protection Area shown within the Plan Maps, Part B in the Inland Neighbourhood, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps, Part B. 
  2. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be: 
    1. 9m for any part of any building within 20m of the external boundaries of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; and 
    2. 12m in all other circumstances in the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; and 
    3. in both i. and ii. above is contained within a height recession plane as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 2

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.3 - Height – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.4 Streetscape– Papamoa Medium Rise Plan Area 

  1. In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area building setbacks shall ensure that at least 50% of any site frontage within the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) site is in accordance with Rule 14B.4.7.4 a) – Streetscape requiring a 3m setback from the defined road boundary
  2. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area buildings shall be setback at least 3m from the external road boundary of the Beachside Neighbourhood with Papamoa Beach Road as shown on Appendix 14M: Outline Development Plan - Papamoa Medium Rise Plan Area Sheet 1 and 3

Note: Any Restricted Discretionary Activity in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with Restricted Discretionary Activity Rule 14B.6.16.4 a) Streetscape – Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 

Note: Any Restricted Discretionary Activity in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with Rule 14B.6.16.4 b) – Streetscape – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.5 Setbacks - Papamoa Medium Rise Plan Area 

  1. At the external boundaries of the Inland Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1
    1. All buildings shall comply with Rule 14B.4.7.5 - Setbacks - Papamoa Medium Rise Plan Area
    2. A building may be erected closer to a side or rear boundary where, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5m of that property boundary. A maximum of two setbacks may be reduced through this Rule. 

Note: Applying Rule 14B.6.16.5 – Setbacks - Papamoa Medium Rise Plan Area at the future internal boundaries of the Inland Neighbourhood within the comprehensively designed development site is optional. 


  1. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area buildings shall be setback
    1. a minimum of 5m from the western external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3
    2. a minimum of 1.5m from the eastern external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.5 b) i) - Setbacks - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.5 b) ii) - Setbacks - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 


14B.6.16.6 Building Length – Inland Neighbourhood - Papamoa Medium Rise Plan Area 

In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area there shall be a maximum building length of 15 metres without façade setback or mitigation, such as architectural features, that provides visual relief to the façade and elevation of the building


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.6 - Building Length – Inland Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity 


14B.6.16.7 Building Length - Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

  1. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 buildings orientated towards Papamoa Beach Road and all Conservation zoned land shall provide architectural relief in the wall facades as follows: 
    1. A minimum stepping of 1.5 metres perpendicular to the wall façade shall occur a minimum of every 10 metres of the length of the wall façade. 

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.16.7 - Building Length – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 


14B.6.16.8 Overshadowing - Papamoa Medium Rise Plan Area 

  1. At the external boundaries of both the Inland Neighbourhood and Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all buildings, excluding any overshadowing intrusions permitted under Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing
  2. A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property files(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights-of-way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property. 

Note: Applying Rule 14B.6.16.8 - Overshadowing - Papamoa Medium Rise Plan Area at the future internal boundaries within a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) Site is optional. 


14B.6.16.9 Outdoor Living Area – Papamoa Medium Rise Plan Area 

  1. In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all independent dwelling units, other than in apartment buildings, shall be provided with an outdoor living area which shall: 
    1. Comprise a continuous area with minimum dimensions of 4m by 3m; 
    2. Be for the exclusive use of the independent dwelling unit
    3. May be provided at ground floor level or as a balcony; 
    4. Be directly accessible from a main living area of the independent dwelling unit
    5. If provided for at ground floor level be free of driveways, manoeuvring areas, parking and buildings but may include uncovered decks of less than 1 metre in height
  2. In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all apartments, including ground floor apartments, shall have an uncovered balcony or a deck of the following minimum dimensions: 
    1. For 1 bedroom apartments – a minimum 6m2
    2. For 2 bedroom apartments – a minimum of 8m2
    3. For 3 bedroom apartments – a minimum of 10m2

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 


14B.6.16.10 Fencing–Inland Neighbourhood - Papamoa Medium Rise Plan Area 

  1. In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any boundary fences or walls shall be: 
    1. 1.2m on the front property boundary of any site. Planting may be used for additional visual screening; 
    2. 1.8m on any side and rear property boundaries of any site
    3. 1.2m when adjoining any public space or within 3m of any public space including the stormwater retention area reserves shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1. Such fencing shall be at least 50% visually permeable

14B.6.16.11 Fencing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

  1. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any boundary fences or walls at the external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Outline Development Plan - Papamoa Medium Rise Plan Area - Sheet 1 and 3 shall be: 
    1. 1.2m, within 3m of Papamoa Beach Road; 
    2. 1.2m on the northern boundary adjoining the Conservation Zone and Special Ecological Area and shall be at least 50% visually permeable
    3. 1.8m on the western side boundary adjoining the Conservation Zone and shall be at least 50% visually permeable
    4. 1.8m on the eastern boundary adjoining the existing public walkway and at least 50% visually permeable

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.11 - Fencing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 


14B.6.16.12 External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

The ground floor of any building on the western and northern external boundaries of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 shall have a external reflectance value less than 50% (excluding fasciae, windows and door frames in accordance with the reflectance values set out in the British Standard 5252 Colour Framework). 


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.12 - External Finish of Buildings - Beachside Neighbourhood – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.13 Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

  1. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3  glazing of any building shall not be of mirror finish. 

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.13 - Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity 


14B.6.16.14 Location of Vehicle Parking - Beachside Neighbourhood- Papamoa Medium Rise Plan Area 

  1. In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3  no on-site vehicle parking areas for resident or visitor parking shall be provided within the streetscape required by Rule 14B.6.16.4 - Streetscape – Papamoa Medium Plan Rise Area

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.14 - Location of Vehicle Parking – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 


14B.6.16.15 Active Management Buffer - Beachside Neighbourhood - Papamoa Medium Rise Plan Area 

  1. Within the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area provision shall be made for an Active Management Buffer within the Beachside Neighbourhood as set out on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3
  2. The Active Management Buffer shall: 
    1. Be within the 5m setback from the Conservation Zone Boundary and the RL 8.0 at the toe of the central dune land form as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3
    2. Restrict any planting in this buffer to native dune species; 
    3. Provide for a minimum planting coverage of at least 50% of the Active Management Buffer area; 
    4. Limit buildings, structures and activities within the Active Management Buffer to: 
      1. Landscaped planted areas utilising native species; 
      2. Garden structures (including but not limited to fences, steps, pergolas, shade sails, barbeque areas, alfresco dining areas, clotheslines); 
      3. Decks and or patios less than 1m in height and 30m² in area 
      4. Permitted Setback Intrusions of Rule 4H.2.1 – Permitted Setback Intrusions
      5. Eaves and balconies of adjoining buildings providing these do not overhang the minimum planting coverage area in Rule 14B.6.16.15 b) iii) – Active Management Buffer – Beachside Neighbourhood – Papamoa Medium Rise Plan Area above; 
      6. Subsurface structures provided that reinstatement and restoration, including ecological restoration of the area disturbed, shall be undertaken utilising native dune species in accordance with accepted ecological practice within 6 months of the completion of the work; 
    5. Address access to the adjoining Conservation Zone and animal and plant pest management within the Active Management Buffer. 

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.15 - Active Management Buffer – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.16 Design Report – Papamoa Medium Rise Plan Area 

For the purpose of implementation of Rule 14B.6.16 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area any application for a comprehensively designed development in the Inland Neighbourhood or the Beachside Neighbourhood of the 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 ur ban planning, urban design, building design or landscape design that demonstrates how the standards and terms under Rule 14B.6.16 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area are met. 


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.16 - Design Report – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.17 Engineering Assessment – Papamoa Medium Rise Plan Area 

  1. A suitably qualified engineer shall prepare an engineering assessment of the effects of the proposed comprehensively designed development on the planned capacity within the wider Papamoa Financial Contributions Urban Growth Area (Diagram 5, Section 5, Part B, Planning Maps) in terms of: 
    1. Anticipated wastewater discharge at the point of connection of the site’s infrastructure to the Papamoa Wastewater Trunk Main; 
    2. Anticipated water demand at the point of connection to the site’s infrastructure to the water supply; 
    3. The management of anticipated stormwater generation on the site

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.17 - Engineering Assessment – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity. 


14B.6.16.18 Building Platform Requirements – Papamoa Medium Rise Plan Area 

A minimum building platform level of RL5 metres above Moturiki datum shall apply. 


Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.16.18 - Building Platform Requirements - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity. 

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


14B.6.17 Restricted Discretionary Activity - Matters of Discretion and Condition - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area 

14B.6.17.1 Comprehensively Designed Development in both the Inland Neighbourhood and the Beachside Neighbourhood, Papamoa Medium Rise Plan Area 

In considering comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) the Council restricts the exercise of its discretion in both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area to: 

  1. The extent to which the proposal integrates with the residential environment in the immediate locality, including adjoining and or adjacent Suburban Residential zoned properties through: 
    1. The standard of architecture; 
    2. Sensitivity to the residential character and amenity values of the locality, both within the site and in the surrounding Suburban Residential area including: 
      1. The effects of not meeting setback and overshadowing provisions at the external boundary of the Inland Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 on the visual and aural privacy of occupants on adjoining sites; the ability to maintain access for maintenance including for buildings on adjoining sites; and the loss of sunlight and daylight on adjoining sites particularly in relation to outdoor living areas or the main indoor living area windows 
      2. The effects of not meeting setback and overshadowing provisions at the eastern external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and 3, on the visual and aural privacy of occupants on adjoining suburban residential zoned sites, and the loss of sunlight and daylight on these adjoining sites particularly in relation to outdoor living areas or the main indoor living area’s windows; 
    3. Visual character and variety 
    4. Areas of blank walls being kept to a minimum; 
    5. The use of design features including relief features capable of casting shadow onto the adjacent façade to achieve the appearance of smaller residential scale units. Relief features can include eaves, balconies, verandahs, courtyards or recessed entry points; 
  2. The extent to which the development contributes positively to the streetscape and the wider street scene; 
  3. The extent to which the development addresses on site privacy and amenity through: 
    1. Providing residents with outlook and outdoor space related to each unit; 
    2. The provision for alternative on-site provision for outdoor living areas or leisure facilities and outlook over public open space as mitigation where there is a reduction in on-site outdoor open space; 
    3. Visual and aural privacy of occupants and neighbours; 
    4. Access points into the site, and car parking areas, being sited and designed to avoid the adverse effects of noise and other effects on aural or visual privacy. 
  4. Extent to which the development addresses on-site safety and security through; 
    1. Buildings being designed to ensure good visual contact between dwellings and the public spaces; 
    2. Lighting for amenity and crime prevention being an integral part of the development, and being designed and positioned to maximise the personal safety of occupants and visitors without creating nuisance for adjoining properties or drivers of vehicles from excessive glare; 
    3. Fencing and boundary walls not being dominant when viewed from the street and from the surrounding neighbourhood. 
  5. The extent to which the development addresses traffic, parking and servicing requirements through: 
    1. Providing for safe traffic, parking, and servicing effectively and efficiently; 
    2.  Providing for resident and visitor parking and manoeuvring and site access in accordance with Chapter 4 – General Rules Provisions of the Plan; 
    3. Providing 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 Urban Growth Plan - Section 6, Plan Maps (Part B)
    4. Providing for refuse collection, recycling, outdoor storage and similar services that is appropriately sized in relation to the scale of the development, collection points and facilities being readily accessible by service vehicles and workers and not detracting visually or generating health risks in the area. 
  6. The extent to which the development addresses on-site landscaping planting through: 
    1. Integrating buildings, use of private, public or common use areas on the site, and softening the visual effect of the development on the surrounding environment; 
    2. The use of planting in relation to resident and visitor parking and manoeuvring and site access and ensure resident and visitor parking and manoeuvring and site access parking does not dominate the appearance or functioning of the development; 
  7. The application of financial contributions in accordance with Chapter 11 – Financial Contributions
  8. The extent to which the capacity of existing or planned infrastructure can provide for the comprehensively designed development without adverse effects on the capacity of the local infrastructure to service the wider Papamoa Urban Growth Area as identified in Diagram 5, Section 5, (Plan Maps, Part B) (Financial Contributions Urban Growth Areas) and potential proposed mitigation including financial contributions under Chapter 11 – Financial Contributions to mitigate the effects of greater population density resulting from the comprehensively designed development
  9. The relevant design objectives and design standards and terms in Rule 14B.6.16 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area and the imposition of any condition directly related to the matters of discretion including: 
    1. Streetscape
    2. Building form; 
    3. Outlook and outdoor spaces; 
    4. Visual and aural privacy; 
    5. Landscape planting 
    6. Traffic, parking, access, pedestrian accessibility and safety. 
  10. The location, design and suitability of building platforms for their intended use; 

14B.6.17.2 Comprehensively Designed Development in the Beachside Neighbourhood, Papamoa Medium Rise Plan Area - Additional Matters of Discretion and Conditions 

In addition to the matters set out in Rule 14B.6.17.1 - Comprehensively Designed Development in both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area for comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area Council restricts the exercise of its discretion to: 

  1. The extent to which the development: 
    1. Maintains and enhances the open space and natural character values at the interface with the Coastal Marine Area and dune land; 
    2. Protects and enhances the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area and the Outstanding Natural Features and Landscapes Plan Area
    3. Does not adversely affect the landscape character values within the coastal beach environment with regard to compatible landscape treatment including appropriate landscape interface treatment and selecting materials and colours for external surfaces that assist in integrating the built form into the adjoining coastal environment
    4. Has regard to the factors, values and associations of the adjoining dune land and Special Ecological Area; 
    5. The area within building setbacks along the western boundary to the Conservation Zone, Outstanding Natural Features and Landscapes Plan Area and Special Ecological Area incorporates landscape planting to maintain and enhance the dune land and the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area as well as soften bulk and scale of built form when viewed from the direction of the Outstanding Natural Features and Landscapes Plan Area and the Special Ecological Area; 
    6. The extent to which planting and fencing within the building setback along the eastern external boundary of the Beachside Neighbourhood has regard to enhancing the amenity values of the public accessway; 
    7. The area within building setbacks along the road boundary to Papamoa Beach Road incorporates landscape planting to enhance amenity values and soften bulk and scale of built form, when viewed from the direction of Papamoa Beach Road and the surrounding Suburban Residential Zone. 

Note: The Development Guide (October 2008) of the Tauranga City Council may be used as a reference guide in consideration of these matters of discretion and conditions. 


14B.6.18 Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site 

  1. Any application for a restricted discretionary land use consent within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential shall comply with: 
    1.  Rule 14B.3.1 - Residential Development Density – Suburban Residential, Large Lot Residential
    2.  Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential
    3.  Rule 14B.3.3 - Streetscape - Suburban Residential, Large Lot Residential
    4.  Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential
    5.  Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential
    6.  Rule 14B.3.6 - Overshadowing – Suburban Residential, Large lot Residential
    7.  Rule 14B.3.7 - Site Coverage – Suburban Residential Zone
    8.  Rule 14B.3.9 - Access - Suburban Residential, Large Lot Residential
    9.  Rule 14B.3.10 - Outdoor Living Area – Suburban Residential
    10.  Rule 14B.3.11 - Homestays - Suburban Residential, Large Lot Residential
    11.  Rule 14B.3.12 - Home-Based Business - Suburban Residential, Large Lot Residential
    12.  Rule 14B.3.13 - Secondary Independent Dwelling Units - Suburban Residential, Large Lot Residential
    13.  Rule 14B.3.14 - Heavy Machinery - Suburban Residential, Large Lot Residential
    14.  Rule 14B.3.16 - Showhomes
    15.  Rule 14B.4.8 - Rules in Other Sections of the Plan
  2. The combination of existing and proposed independent dwelling units and/or dwelling unit equivalents within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential and identified as Area A on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheet 1) shall not exceed 150; 
  3. Any application for a restricted discretionary land use consent shall be accompanied by a geotechnical assessment prepared by a qualified geotechnical engineer and shall at a minimum: 
    1. Consider the proposal against Policy 14A.1.4.1 i) ii) Policy - Scheduled Sites in the Residential Zones
    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. 
  4. Any application for a restricted discretionary land use consent shall be in accordance with Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)
  5. Any application for a restricted discretionary land use consent shall comply with, UG1, Section 6, Urban Growth Plans (Plan Maps, Part B)
  6. Any application for a restricted discretionary land use consent shall be accompanied by a stormwater assessment prepared by a suitably qualified engineer with expertise in the field of stormwater management. This assessment shall identify the extent to which the proposed stormwater infrastructure (stormwater management areas, swales, wetlands and drains) serving the land use development achieves: 
    1. A comprehensive 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 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; 
  7. Any application for a restricted discretionary land use consent 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; 
  8. Any application for a restricted discretionary land use consent shall ensure that no building or structure may be established within the Landscape Planted Areas shown on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)
  9. Any application for a restricted discretionary land use consent 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 wetland areas, to retain the pre-development rural landscape character
  10. Any application for a restricted discretionary land use consent shall be accompanied by a landscape and visual assessment and a landscape planting plan prepared by a suitably qualified landscape architect. This shall, as a minimum: 
    1. Consider the proposal against 6A.1.9 – Objective - Urban Landscape Character and 6A.1.9.1 – Policy - Maintenance and Enhancement of Landscape Character in Urban Areas and Policy 14A.1.4.1 - Policy - Scheduled Sites in the Residential Zones
    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 14N: 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 14N: 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 Scheduled Site and on the external boundaries of the Scheduled Site. 

Note: Any application for a land use consent that does not comply with Rule 14B.6.18 Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Discretionary Activity under Rule 14B.7- Discretionary Activities, with the exception of non-compliance with Rule 14B.6.18 a) iii)-vi), viii), ix) and xiv) - Restricted Discretionary Activities – Standards and Terms –Central Bethlehem Scheduled Site

Note: Any application for land use consent that does not comply with Rules 14B.6.18 a) iii)-vi), viii), ix) and xiv) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Restricted Discretionary Activity and assessed in accordance with Rule 14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions

Note: Any application for land use consent that does not comply with Rules 14B.6.18 a) x), xi) and xiii) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Non-Complying Activity. 


14B.6.19 Restricted Discretionary Activities – Matters of Discretion and Conditions - Central Bethlehem Scheduled Site 

In considering any restricted discretionary land use application for the Central Bethlehem Scheduled Site, the Council restricts the exercise of its discretion to: 

  1. The matters in 6A.1.9 – Objective - Urban Landscape Character and 6A.1.9.1 – Policy - Maintenance and Enhancement of Landscape Character in Urban Areas and 14A.1.4.1 - Policy - Scheduled Sites in the Residential Zones
  2. Compliance with the matters outlined in Rule 14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions
  3. The extent to which the proposal is in accordance with and supports the implementation of Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2) and UG1, Section 6, Urban Growth Plans (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 14A.1.4.1 i) ii) - Policy - Scheduled Sites in the Residential Zones
  5. The extent to which the proposal avoids or mitigates any adverse effects on: 
    1. The capacity of Council’s water, stormwater and wastewater infrastructure
    2. The management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses; 
    3. 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 14N: 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 the extent of mitigation of effects on 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 14B.6.18 c), f), g) and j) – Restricted Discretionary Activities – Standards and Terms - Central Bethlehem Scheduled Site, and any recommendations or mitigation measures included in such a document. 

14B.6.20 Non-Notification of Resource Consents - Central Bethlehem Scheduled Site 

Any application for a restricted discretionary resource consent within the Central Bethlehem Scheduled Site shall not be notified or served on affected parties. 

14B.6.21 Restricted Discretionary Activities – Standards and Terms – Yield Shortfalls in Urban Growth Areas 

For activities in an Urban Growth Area which are a Restricted Discretionary Activity under Rule 14B.6 m) – Restricted Discretionary Activity Rules, an assessment shall be provided with an application for resource consent which addresses: 

  1. How the topographical, geotechnical and land form constraints of the subject site have affected the ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and/or 
  2. How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and 
  3. How lower yields may be able to achieve high-quality urban design in future development. 
  4. How higher yields will be able to achieve high-quality urban design; 
  5. How any shortfall in the minimum average nett yield may adversely affect the provision and funding of infrastructure within an urban growth area
  6. In particular for Pyes Pa West: 
    1. The options and opportunities for a variety of lot sizes, including opportunities for higher-density development within the Pyes Pa Medium-Rise Plan Area and comprehensive development within the Suburban Residential Zone; 
  7. In particular for Wairakei: 
    1. How any shortfall can be made up by higher yield development in other areas within the Wairakei Residential Zone and the Wairakei Neighbourhood Centre Zone 
  8. Submission of a master plan for any balance allotments or stages showing indicative development and the balance of the stage and subsequent stages showing the likely total yield to be achieved. 

14B.6.22 Restricted Discretionary Activities – Matters of Discretion and Conditions Yield Shortfalls in Urban Growth Areas 

In considering an activity described as a Restricted Discretionary Activity in Rule 14B.4 c) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to: 

  1. The matters required to be assessed through Rule 14B.6.2.1 – Yield Shortfalls in Urban Growth Areas and Policy 12A.1.1.3 - Target Yield Shortfalls in Urban Growth Areas

 

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