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Tauranga City Plan

14C.4 Restricted Discretionary Activity Rules

Updated 20 November 2020

The following are Restricted Discretionary Activities: 

  1. Activities in the Urban Marae Community Zone that do not comply with: 
    1.  Rule 14C.3.4.1 – Streetscape
    2.  Rule 14C.3.5 a), c), d), e), f) – Setbacks
    3.  Rule 14C.3.6 – Setbacks – Traffic Management – Safety
    4.  Rule 14C.3.7 – Overshadowing
    5.  Rule 14C.3.8 – Access
  2. Activities in the Ngati Kahu Papakainga Zone that do not comply with: 
    1.  Rule 14C.3.4.2 - Streetscape
    2.  Rule 14C.3.5 a), c), d), e), f) – Setbacks
    3.  Rule 14C.3.6 – Setbacks – Traffic Management – Safety
    4.  Rule 14C.3.7 – Overshadowing
    5.  Rule 14C.3.8 – Access

14C.4.1 Restricted Discretionary Activities – Standards and Terms - Setbacks 

Activities that do not comply with Rule 14C.3.5 d), e) - Setbacks 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 14C.4.1 – Restricted Discretionary Activity – Standards and Terms – Setbacks shall be considered a Discretionary Activity. 


14C.4.2 Restricted Discretionary Activities – Matters of Discretion and Conditions 

14C.4.2.1 Streetscape 

In considering activities that do not comply with Rule 14C.3.4 - Streetscape 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 contribute to the maintenance of amenity at the public-private interface. 

14C.4.2.2 Setbacks 

  1. In considering activities that do not comply with Rule 14C.3.5 a) - Setbacks 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. Whether the proposal would hinder the ability to maintain access for maintenance, including for buildings on adjoining properties; 
    3. Whether the proposal would lead to the visual dominance of buildings as viewed by adjoining and adjacent properties; 
    4. Design measures, including minimisation of the length of encroachment into the setback or landscaping. 
  2. In considering activities that do not comply with Rule 14C.3.5 d), e) - Setbacks 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. 

14C.4.2.3 Overshadowing 

In considering activities that do not comply with Rule 14C.3.7 - Overshadowing 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. 

14C.4.2.4 Setbacks – Traffic Management – Safety 

In considering activities that do not comply with Rule 14C.3.6 – Traffic Management – Safety the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 - On-site Parking Requirements

Proposed Amendment

14C.4.2.4 Setbacks – Traffic Management – Safety 

In considering activities that do not comply with Rule 14C.3.6 – Traffic Management – Safety the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 - On-site Parking Requirements "Vehicle and Bicycle Parking." 

Plan change 26 - No legal effect

14C.4.2.5 Access 

In considering activities that do not comply with Rule 14C.3.8 - Access the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without 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.


 

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