14B.7 Discretionary Activity Rules

Updated 16 November 2020

The following are Discretionary Activities:

1. Any Permitted Activity in the Suburban Residential Zone that does not comply with three or more of the following: 
   1. Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential; 
   2. Rule 14B.3.4 - a) i) and 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. 

2. Activities in the Suburban Residential Zone and Large Lot Residential Zone not complying with: 
   1. Rule 14B.3.1 - Residential Development Density – Suburban Residential, Large Lot Residential (excluding retirement villages provided for under Rule 14B.6 j – Restricted Discretionary Activity Rules); 
   2. Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential;
   3. Rule 14B.3.7 - Site Coverage – Suburban Residential Zone (excluding retirement villages provided for under Rule 14B.6 j – Restricted Discretionary Activity Rules); 
   4. Rule 14B.3.8 - Site Coverage - Large Lot Residential Zone;
   5. Rule 14B.3.13 - a), b), c), d) and/or e) Secondary Independent Dwelling Units – Suburban Residential, Large Lot Residential. 

3. Any Permitted Activity that does not comply with the Permitted Activity Rules for any Scheduled Site; excluding: 
   1. Rule 14B.4.6 b) ii) - Te Paeroa Road Scheduled Site, Bethlehem; 
   2. Rule 14B.4.6 a) iv) - Te Paeroa Road Scheduled Site, Bethlehem; 
      which shall be considered as a Restricted Discretionary Activity; 
4. Any Permitted Activity that does not comply with: 
   1. Rule 14B.4.7.2 - Residential Development Density – Papamoa Medium Rise Plan Area and is not in accordance with Rule 14B.6.16.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area - Inland Neighbourhood and Beachside Neighbourhood and or Rule  14B.6.16.2 - Residential Development Density - Inland Neighbourhood and Beachside Neighbourhood – Papamoa Medium Rise Plan Area;
   2. Rule 14B.4.7.3 - Height – Papamoa Medium Rise Plan Area;
   3. Rule 14B.4.7.4 b) - Streetscape - Papamoa Medium Rise Plan Area;
   4. Rule 14B.4.7.5 b) i) - Setbacks -  Papamoa Medium Rise Plan Area;
   5. Rule 14B.4.7.16 - Secondary Independent Dwelling Unit – Papamoa Medium Rise Plan Area;
   6. Rule 14B.4.7.11 - External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise Plan Area;
   7. Rule 14B.4.7.12 - Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area;
   8. Rule 14B.4.7.13 - Active Management Buffer - Beachside Neighbourhood - Papamoa Medium Rise Plan Area;
5. Any Controlled Activity that does not comply with: 
   1. Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas; 
   2. Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas; 
6. Any Restricted Discretionary Activity that does not comply with Rule 14B.6.3 - Restricted Discretionary Activities - Standards and Terms - Activities not complying with Rule 14B.3.4 c) and d); 
7. Any office ancillary to a showhome: 
   1. In areas zoned Suburban Residential and Large Lot Residential located outside of a Financial Contribution Urban Growth Area that does not comply with Rule 14B.6.5 - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome; 
   2. Within a Financial Contribution Urban Growth Area zoned Suburban Residential and Large Lot Residential  that does not comply with Rule 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. 
8. Any Restricted Discretionary Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with Rule 14B.6.7 - Special Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site; 
9. Within the Te Paeroa Scheduled Site, Bethlehem: 
   1. Any business activity which is not a Permitted or Restricted Discretionary Activity; 
   2. Any Restricted Discretionary Activity that does not comply with Rule 14B.6.10 – Special Restricted Discretionary Activity – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem. 
10. Any retirement village provided for under Rule 14B.6 g) – Restricted Discretionary Activity Rules that do not comply with Rules 14B.6.12 b), c), d) or e) - Restricted Discretionary Activity - Standards and Terms - Retirement Villages; 
11. Any Comprehensively Designed Development in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1. Rule 14B.6.16.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area - Inland Neighbourhood and Beachside Neighbourhood; 
    2. Rule 14B.6.16.2 - Residential Development Density – Inland Neighbourhood and Beachside Neighbourhood - Papamoa Medium Rise Plan Area; 
    3. Rule 14B.6.16.3 - Height – Papamoa Medium Rise Plan Area; 
    4. Rule 14B.6.16.16 - Design Report – Papamoa Medium Rise Plan Area. 
    5. Rule 14B.6.16.17 - Engineering Assessment – Papamoa Medium Rise Plan Area; 
12. Any Comprehensively Designed Development in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: 
    1. Rule 14B.6.16.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area - Inland Neighbourhood and Beachside Neighbourhood; 
    2. Rule 14B.6.16.2 - Residential Density – Inland Neighbourhood and Beachside Neighbourhood - Papamoa Medium Rise Plan Area; 
    3. Rule 14B.6.16.3 - Height – Papamoa Medium Rise Plan Area; 
    4. Rule 14B.6.16.4 b) - Streetscape - Papamoa Medium Rise Plan Area; 
    5. Rule 14B.6.16.5 b i) - Setbacks - Papamoa Medium Rise Plan Area; 
    6. Rule 14B.6.16.12 - External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise Plan Area; 
    7. Rule 14B.6.16.13 - Glazing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area; 
    8. Rule 14B.6.16.15 - Active Management Buffer – Beachside Neighbourhood - Papamoa Medium Rise Plan Area; 
    9. Rule 14B.6.16.16 - Design Report – Papamoa Medium Rise Plan Area; 
    10. Rule 14B.6.16.17 - Engineering Assessment – Papamoa Medium Rise Plan Area. 
13. Any activity that does not comply with Rule 14B.6.18 - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site, 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 which shall be considered as a Restricted Discretionary Activity. 
14. Any Activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity; 
15. Any Activity listed in Table 14B.1 - Suburban Residential and Large Lot Residential Zone Activity Status as a Discretionary Activity. 

14B.7.1 Assessment of Discretionary Activities

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

Definitions in this section

activity/activities

business activity

comprehensively designed development (suburban residential zone - urban growth areas and papamoa medium rise plan area)

"comprehensively designed development (Te Papa Housing Overlay)" 

council

"duplex dwelling"

office ancillary to a showhome

the plan

retirement village

site