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Tauranga City Plan

14D.4 Restricted Discretionary Activity Rules

Updated 16 November 2020

The following are Restricted Discretionary Activities:

  1. Any activity listed as Restricted Discretionary in Table 14D.1 City Living Zone Activity Status.

Note: Any activity described as a Restricted Discretionary Activity that does not comply with a Restricted Discretionary Standard and Term shall be considered a Discretionary Activity.


Proposed Amendment

14D.4 Restricted Discretionary Activity Rules

The following are Restricted Discretionary Activities:

  1. Any activity listed as Restricted Discretionary in Table 14D.1 City Living Zone Activity Status.
  2. "Any comprehensively designed development (City Living Zone) that does not comply with a maximum of two of the following standards:
    1. ​Rule 14D.4.2.2 Size of Independent Dwelling Units;
    2. Rule 14D.4.2.3 Building Height;
    3. Rule 14D.4.2.4 Streetscape;
    4. Rule 14D.4.2.5 Setbacks;
    5. Rule 14D.4.2.6 Overshadowing;
    6. Rule 14D.4.2.7 Site Coverage;
    7. Rule 14D.4.2.8 On-Site Outdoor Living Areas;
    8. Rule 14D.4.2.9 Visual Outlook and Admission of Natural Light."

Note: Any activity described as a Restricted Discretionary Activity "(excluding Rules listed in 14D.4(b) above for comprehensively designed development)" that does not comply with a Restricted Discretionary Standard and Term shall be considered a Discretionary Activity.


Plan Change 26 – No legal effect

14D.4.1 Non-Notification of Resource Consents Under Rule 14D.4

Any application for resource consent made under Rule 14D.4 - Restricted Discretionary Activity Rulesshall not be notified, or served on affected parties.

Proposed Amendment

14D.4.1 Non-Notification of Resource Consents Under Rule 14D.4

  1. Any application for resource consent made under Rule 14D.4 - Restricted Discretionary Activity Rules "(excluding comprehensively designed development (City Living Zone))"shall not be notified, or served on affected parties."; or
  2. Any application for resource consent for comprehensively designed development (City Living Zone) will be considered without public or limited notification, unless the Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991, providing that:
    1. ​It complies with all of the standards listed in Rule14D.4.2 Restricted Discretionary Activity – Standards and Terms; or
    2. It does not comply with one or more of the following standards:
      1. Rule 14D.4.2.2 – Size of Independent Dwelling Units;
      2. Rule 14D.4.2.8 – On-Site Outdoor Living Areas; or
      3. Rule 14D.4.2.10 – Waste Management Area."

Plan Change 26 – No legal effect

14D.4.2 Restricted Discretionary Activity – Standards and Terms

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

14D.4.2.1 Comprehensively Designed Development

  1. All development shall be a comprehensively designed development (City Living Zone) to meet the standards and terms of Rule 14D.4.2.2 - Development Density through Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule - 14D.4.2.6 d), e) - Setbacks.

Proposed Amendment

14D.4.2.1 Comprehensively Designed Development "Information Requirements"

  1. All development shall be a comprehensively designed development (City Living Zone) to meet the standards and terms of Rule 14D.4.2.2 - Development Density through Development Density
  2. "An application for a comprehensively designed development (City Living Zone) shall include a design assessment commensurate to the scale of the proposal that demonstrates how the application achieves Policies 14A.1.1.5 – 14A.1.1.12 and is in accordance with the  relevant assessment criteria (using the outcomes identified in the residential outcomes framework as guidance).
  3. An application shall be accompanied by an engineering assessment of infrastructure capacity within the subject catchment in relation to the anticipated water, wastewater and transport demands generated by the proposed activity;
  4. All buildings, outdoor living areas, and the provision of services, on the site shall show compliance with the provisions of the Plan as if the site were undergoing a subdivision that would enable a separate record of title to issue for each independent dwelling unit."

Plan Change 26 – No legal effect

14D.4.2.2 Development Density

  1. The minimum site area required for each independent dwelling unit contained within the site shall be:
    Activity City Living Residential Zone  City Living Mixed Use Zone
    Comprehensively designed development (City Living Zone) 200m2 per independent dwelling unit 200m2 per independent dwelling unit 
    Comprehensively designed development (City Living Zone) – when site density bonus criteria are met (see Rule 14D.4.2.2 b) ) No density limit applies No density limit applies
  2. The site density bonus shall be available to apply to an activity only when:
    1. The site area is at least 1050m2 ;
    2. The site can wholly contain a circle with at least a 25 metre diameter.
  3. For the purposes of this rule, the site area includes any part of the site occupied by an office or health centre activity incorporated within the comprehensively designed development (City Living Zone).

Proposed Amendment

14D.4.2.2 Development Density

  1. The minimum site area required for each independent dwelling unit contained within the site shall be:
    Activity City Living Residential Zone  City Living Mixed Use Zone
    Comprehensively designed development (City Living Zone) 200m2 per independent dwelling unit 200m2 per independent dwelling unit 
    Comprehensively designed development (City Living Zone) – when site density bonus criteria are met (see Rule 14D.4.2.2 b) ) No density limit applies No density limit applies
  2. The site density bonus shall be available to apply to an activity only when:
    1. The site area is at least 1050m2 ;
    2. The site can wholly contain a circle with at least a 25 metre diameter.
  3. For the purposes of this rule, the site area includes any part of the site occupied by an office or health centre activity incorporated within the comprehensively designed development (City Living Zone).

Plan Change 26 – No legal effect

14D.4.2.3 Size of Independent Dwelling Units

The minimum gross floor area of an independent dwelling unit shall be:

  1. For a studio or one bedroom unit: 40m2;
  2. For a two bedroom unit: 55m2;
  3. For a three or more bedroom unit: 70m2.

Proposed Amendment

14D.4.2.3"2" Size of Independent Dwelling Units

The minimum gross"nett internal" floor area of an independent dwelling unit shall be:

  1. For a studio or one bedroom unit: 40m2;
  2. "For a studio unit: 35m2;
  3. For a one bedroom unit: 45 m2;"
  4. For a two "or more" bedroom unit: 55"60"m2;
  5. For a three or more bedroom unit: 70m2.

Plan Change 26 – no legal effect

14D.4.2.4 Building Height

  1. The maximum height of any building or structure (Refer to Appendix 14D: City Living Zone Building Heights); with the exception of the Permitted Intrusions under either Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be: 
    Zone/Area Maximum Building Height
    City Living – Residential (properties bound by Edgecumbe Road, Cameron Road, 4th and 8th Avenue) as identified on the Plan Maps, Part B. 9 metres
    City Living – Mixed Use (fronting Cameron Road, being directly opposite Tauranga and Wharepai Domains) as identified on the Plan Maps, Part B. 19 metres 
    City Living – Residential/City Living – Mixed Use (not otherwise identified in this Table) 13 metres
  2. Provided that no building or structure within any identified Viewshaft Protection Area, 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);
  3. The maximum height of any accessory building shall be 4.5 metres.

Proposed Amendment

14D.4.2.4"3" Building Height

  1. The maximum height of any building or structure "located in the Te Papa Housing Overlay area (Refer Appendix 14F Te Papa Housing Overlay maximum heights)" (Refer to Appendix 14D: City Living Zone Building Heights); with the exception of the Permitted Intrusions under either Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be:"in accordance with the height identified in Appendix 14F Te Papa Housing Overlay maximum heights"
    Zone/Area Maximum Building Height
    City Living – Residential (properties bound by Edgecumbe Road, Cameron Road, 4th and 8th Avenue) as identified on the Plan Maps, Part B. 9 metres
    City Living – Mixed Use (fronting Cameron Road, being directly opposite Tauranga and Wharepai Domains) as identified on the Plan Maps, Part B. 19 metres 
    City Living – Residential/City Living – Mixed Use (not otherwise identified in this Table) 13 metres
  2. Provided that no building or structure within any identified Viewshaft Protection Area, 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);
  3. The maximum height of any accessory building shall be 4.5 metres.

Plan Change 26 – No legal effect

14D.4.2.5 Streetscape

  1. All buildings shall be set back from a road boundary a minimum of 1.5 metres;
  2. Vehicle access width to any site measured at the road boundary, shall be a minimum of 3 metres and a maximum of 6 metres;
  3. On-site parking shall not be located within the road boundary setback or between a building front façade and the street;
  4. The road boundary setback shall comprise landscaped, permeable surface except for vehicle and pedestrian access to the site;
  5. Any walls and fences erected in the road boundary setback shall be a maximum height of 1.2 metres above ground level;
  6. Any office or health centre activity shall be located only within the ground floor level of a building with at least one direct pedestrian access point to the street;
  7. Any independent dwelling unit located within the ground floor level of a building and fronting the street shall have at least one direct pedestrian access point to the street;
  8. Any on-site car parking areas shall be visually screened or landscaped so parked vehicles cannot be seen directly from the street;
  9. All required on-site parking shall be located to the side or rear of or beneath the principal building(s) on a site;
  10. Vehicle access and manoeuvring to and from on-site parking other than provided for in Rule 14D.4.2.5 b) - Streetscape, shall be from the side or rear of the principal building(s), provided also that the relevant provisions of Chapter 4 – General Rules Provisions are complied with.

Proposed Amendment

14D.4.2.5"4" Streetscape

  1. All buildings shall be set back from a road boundary a minimum of 1.5 metres;
  2. Vehicle access width to any site measured at the road boundary, shall be a minimum of 3 metres and a maximum of 6 metres;
  3. On-site parking shall not be located within the road boundary setback or between a building front façade and the street;
  4. The road boundary setback shall comprise landscaped, permeable surface except for vehicle and pedestrian access to the site;
  5. Any walls and fences erected in the road boundary setback shall be a maximum "cumulative" height of 1.2 metres above ground level; "except for where the fence is for the purpose of screening an outdoor living area from adjoining residential sites as required by Rule 14B.3.17.5 in which case the wall and fence shall have a maximum cumulative height of 1.5m."
  6. Any office or health centre activity shall be located only within the ground floor level of a building with at least one direct pedestrian access point to the street;
  7. Any independent dwelling unit located within the ground floor level of a building and fronting the street shall have at least one direct pedestrian access point to the street;
  8. Any on-site car parking areas shall be visually screened or landscaped so parked vehicles cannot be seen directly from the street;
  9. Any on-site car parking areas shall be visually screened or landscaped so parked vehicles cannot be seen directly from the street;
  10. All required"Any" on-site parking shall be located to the side or rear of or beneath the principal building(s) on a site;
  11. Vehicle access and manoeuvring to and from on-site parking other than provided for in Rule 14D.4.2.5 b) - Streetscape, shall be from the side or rear of the principal building(s), provided also that the relevant provisions of Chapter 4 – General Rules Provisions are complied with.
  12. "Where a site has multiple road frontages, access to the site should be off lower order road (as identified in the road hierarchy in Part B Section 5, Diagram 1),
  13. All garages or carports designed with direct vehicle access to a legal road shall be set back at least 5 metres from the road boundary."

Plan Change 26 – No legal effect

14D.4.2.6 Setbacks

  1. All buildings shall be set back from the side or rear boundaries of a site as follows:
    1. Side – At least 1.5 metres;
    2. Rear – At least 3 metres.
  2. The setbacks required in Rule 14D.4.2.6 a) - Setbacks may not apply for the first 12 metres measured perpendicular into the site at ground level and from any point along the site road boundary. (Refer Appendix 14E: City Living Zone Setbacks);
  3. Where buildings are attached by a common fire wall, no building setback is required between those buildings where the common wall is located;
  4. All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from MHWS;
  5. All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;

Note: Permitted Activity Rule 14D.4.2.6 d), e) - Setbacks shall not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.


Proposed Amendment

14D.4.2.6"5" Setbacks

  1. All buildings shall be set back from the side or rear boundaries of a site as follows:
    1. Side "and rear" – At least 1.5 metres;
    2. Rear – At least 3 metres.
  2. The setbacks required in Rule 14D.4.2.6 a) - Setbacks may not apply for the first 12 metres measured perpendicular into the site at ground level and from any point along the site road boundary. (Refer Appendix 14E: City Living Zone Setbacks);
  3. Where buildings are attached by a common fire wall, no building setback is required between those buildings where the common wall is located;
  4. All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from MHWS;
  5. All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;

Plan Change 26 – No legal effect

14D.4.2.7 Overshadowing

  1. All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be within a building envelope in accordance with Appendix 14C: Overshadowing;
  2. Provided that the angle required in accordance with Appendix 14C: Overshadowing shall not apply for the first 12 metres of site boundary measured perpendicular into the site at ground level and from any point along the site road boundary;
  3. Where buildings are attached by a common fire wall, no overshadowing is required between those buildings where the common wall is located.

Proposed Amendment

14D.4.2.7"6" Overshadowing

  1. All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be within a building envelope in accordance with Appendix 14C: Overshadowing;"Appendix 14D: Overshadowing in City Living Zone and Te Papa Housing Overlay."
  2. Provided that the angle required in accordance with Appendix 14C: Overshadowing shall not apply for the first 12 metres of site boundary measured perpendicular into the site at ground level and from any point along the site road boundary;
  3. Where buildings are attached by a common fire wall, no overshadowing is required between those buildings where the common wall is located.
  4. "Where a site adjoins the Suburban Residential Zone or a site within the Open Space Zone less than 3000m2, all buildings along that boundary shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing;
  5. Where the encroachment adjoins a boundary that forms part of a pedestrian access way, private way, access leg, right of way or access lots (excluding public roads) the control applies to the opposite side of the pedestrian access way, private way, access leg, right of way or access lots furthest from the site boundary;
  6. Rule 14D.4.2.6 above does not apply to a boundary, or part of a boundary, adjoining any of the following: City Centre Zone, Industrial Zone or Commercial Zone."

Plan Change 26 – No legal effect

14D.4.2.8 Sunlight Admission to Independent Dwelling Units

  1. The main living area of each independent dwelling unit shall be provided with at least one north facing window or doorway/accessway of at least 4m2 in area that can admit north facing sunlight directly on to the main living area floor for at least 2 hours continuous on 21 June. (Refer Appendix 14F: City Living Zone Sunlight Admission to Independent Dwelling Units);
  2. For the purposes of Rule 14D.4.2.8 a) - Sunlight Admission to Independent Dwelling Units north facing sunlight is direct sunlight measured between 40 degrees east or west of true north at a 30 degree azimuth angle.

Proposed Amendment

14D.4.2.8 Sunlight Admission to Independent Dwelling Units

  1. The main living area of each independent dwelling unit shall be provided with at least one north facing window or doorway/accessway of at least 4m2 in area that can admit north facing sunlight directly on to the main living area floor for at least 2 hours continuous on 21 June. (Refer Appendix 14F: City Living Zone Sunlight Admission to Independent Dwelling Units);
  2. For the purposes of Rule 14D.4.2.8 a) - Sunlight Admission to Independent Dwelling Units north facing sunlight is direct sunlight measured between 40 degrees east or west of true north at a 30 degree azimuth angle.

Plan Change 26 – No legal effect

14D.4.2.9 Site Coverage

  1. The maximum amount of a site that can be covered by buildings shall be 50% of the site area;
  2. The maximum amount of a site that can be covered by a combination of buildings and all on-site vehicle access, manoeuvring and parking areas shall be 75% of the site area;
  3. A minimum of 25% of the site area shall be designed, constructed and occupied by an outdoor developed landscape.

Proposed Amendment

14D.4.2.9"7" Site Coverage

  1. The maximum amount of a site that can be covered by buildings shall be 50% of the site area;

Plan Change 26 – No legal effect

Proposed Amendment

  1. The maximum amount of a site that can be covered by a combination of buildings and all on-site vehicle access, manoeuvring and parking areas shall be 75% of the site area;
  2. A minimum of 25% of the site area shall be designed, constructed and occupied by an outdoor developed landscape.
  3. "The impervious surfaces shall not exceed 70% of site area."

Plan Change 27 – Legal effect

14D.4.2.10 On-Site Outdoor Living Areas and Service Areas

  1. Each independent dwelling unit shall be provided with at least one on-site outdoor living area which shall be:
    1. For units at ground floor level, a minimum area of 30m2 capable of containing a 3 metre diameter circle;
    2. For units above ground floor level; a minimum area of 6.0m2 and a minimum dimension of 2.0 metres;
    3. For the exclusive use of the independent dwelling unit;
    4. Directly accessible from the main living area of the unit to which it relates;
    5. Unobstructed by driveways, manoeuvring areas, parking, accessory buildings and service area.
  2. Each building development shall be provided with a service area or areas which shall be:
    1. A minimum area of 4.0m3 with a minimum dimension of 1.0 metres for each independent dwelling unit or business unit;
    2. Located at ground floor level within the site, including within garaging if desired and be legally and physically accessible to each independent dwelling unit, or business unit;
    3. Visually screened so that they can not be seen directly from the street.

Proposed Amendment

14D.4.2.10"8" On-Site Outdoor Living Areas and Service Areas

  1. Each independent dwelling unit shall be provided with at least one on-site outdoor living area which shall be:
    1. For units at ground floor level, a minimum area of 30m2"20m2 that includes:"
      1. "An area" capable of containing a 3 metre diameter circle "that is located entirely in the North, North East or North West aspect of the site (Refer Appendix 14E: Orientation of Outdoor Living Area); or"
    2. For units "located entirely" above ground floor "level, the outdoor living area requirement can be satisfied by a balcony or a deck that:" level; a minimum area of 6.0m2 and a minimum dimension of 2.0 metres;
      1. ​"has a minimum area of 6m2 for studio and one-bedroom independent dwelling units and a minimum dimension of 1.5m in any direction; or
      2. has a minimum area of 10m2 for two or more bedroom independent dwelling units and a minimum dimension of 1.5m in any direction."
  2. Each building development shall be provided with a service area or areas which shall be:
    1. A minimum area of 4.0m3 with a minimum dimension of 1.0 metres for each independent dwelling unit or business unit;
    2. Located at ground floor level within the site, including within garaging if desired and be legally and physically accessible to each independent dwelling unit, or business unit;
    3. Visually screened so that they can not be seen directly from the street.
  3. "Be located and/or screened so that at least 50% of the outdoor living area has complete visual privacy from the living rooms and outdoor living spaces of other independent dwelling units on the site and shall be screened by a minimum height of 1.5m from adjoining residential sites; and
  4. Be unenclosed except for cover by a roof, shade sail or other cover to provide weather protection and/or eaves (including guttering). A maximum of one side can be enclosed for wind protection."

Plan Change 26 – No legal effect

14D.4.2.11 Visual Outlook, Admission of Natural Light and Ventilation

  1. Each independent dwelling unit shall be provided with outlook space free of buildings and structures (other than those structures required for human safety when using a required outdoor living area) adjoining a main living area, studio or bedroom;
  2. The minimum dimension of an outlook space from the main living area or studio shall be 6 metres, and from a bedroom shall be 3 metres;
  3. The minimum dimension shall be measured perpendicular to the exterior face of any window or doorway/accessway that forms part of exterior of the main living area, studio or a bedroom;
  4. The outlook space shall:
    1. Be over the site on which the building is located and also;
    2. May be over an outdoor living area or service area related to the independent dwelling unit;
    3. May be over a legal road;
    4. May be over public open space or reserve that is owned and administered by the Council;
      Provided that other relevant building setback requirements are complied with. (Refer Appendix 14G: City Living Zone Visual Outlook);
  5. Where buildings are attached by a common fire wall, no outlook space is required between those buildings where the common wall is located;
  6. Each main living area, studio area and bedroom of an independent dwelling unit shall be provided with at least one exterior opening window that provides natural light and ventilation to that room.

Proposed Amendment

14D.4.2.11"9" Visual Outlook "and", Admission of Natural Light and Ventilation

  1. Each independent dwelling unit shall be provided with outlook space free of buildings and structures (other than those structures required for human safety when using a required outdoor living area) adjoining a main living area, studio or bedroom;
  2. "A visual outlook space must be provided from the face of a building containing windows to a main living area, principal bedroom and all other habitable rooms. Where the room has two or more external faces with windows the outlook space shall be provided from the external face with the largest area of glazing (Refer Appendix 14G: Visual Outlook and Admission of Natural Light)."
  3. The minimum dimension "for a required"of an outlook space "are as follows:"from the main living area or studio shall be 6 metres, and from a bedroom shall be 3 metres;
    1. "​A main living area or studio shall have an outlook space with a minimum dimension of 4m in depth and 4m in width; and
    2. One bedroom shall have an outlook space with a minimum dimension of 3m in depth and 3m in width; and
    3. All other habitable rooms must have an outlook space with a minimum dimension of 1m in depth and 1m in width."
  4. The minimum dimension shall be measured perpendicular to the exterior face of any window or doorway/accessway that forms part of exterior of the main living area, studio or a bedroom;
  5. The outlook space shall:
    1. Be over the site on which the building is located "or a legal road, public walkway or open space zone;" and also;
    2. "Not extend over an outlook space or outdoor living space required by another independent dwelling unit; and
    3. Be free of areas required for service area and waste management areas."
    4. May be over an outdoor living area or service area related to the independent dwelling unit;
    5. May be over a legal road;
    6. May be over public open space or reserve that is owned and administered by the Council;
      Provided that other relevant building setback requirements are complied with. (Refer
      Appendix 14G: City Living ZoneVisual Outlook "and Admission of Natural Light"
  6. Where buildings are attached by a common fire wall, no outlook space is required between those buildings where the common wall is located;
  7. Each main living area, studio area and bedroom of an independent dwelling unit shall be provided with at least one exterior opening window that provides natural light and ventilation to that room.
  8. "Outlook spaces required from different rooms within the same independent dwelling unit may overlap."

Plan Change 26 – No legal effect

 

Proposed Amendment

"14D.4.2.10 Waste Management Area"

  1. "Each independent dwelling unit shall provide a waste management area with a minimum area of 3m2 and a minimum dimension of 1m in any direction. The required area can be located on individual sites or stored communally.
  2. For communal waste management areas, it must be demonstrated that the proposed area is of sufficient size to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units.
  3. Waste management areas shall be screened so they are not visible from a legal road, ground floor of adjoining residential sites, open space zones and public walkways. If located in the streetscape setback, the screening shall have a maximum height of 1.2m.
  4. Any outdoor waste management area shall be maintained with an all-weather, dust free surface.
  5. Waste management areas shall not encroach onto driveways, manoeuvring areas, parking, service and outdoor living areas."

Plan Change 26 - No legal effect

14D.4.2.12 Scheduled Site - Hotel Armitage - Standards and Terms

  1. Within the Hotel Armitage Scheduled Site, Willow Street/Brown Street, the following are Restricted Discretionary Activities:
    1. Residential Activities;
    2. Visitor Accommodation including reception, entertainment, conference, retail facilities ancillary to the on-site visitor accommodation;
    3. Licensed premises and restaurants;
    4. Car parking, loading and access;
    5. Accessory buildings and activities.
  2. The maximum building height shall be 19 metres;
  3. The maximum building coverage on-site shall be 60%;
  4. The maximum residential density on-site shall be in accordance with Rule 14D.4.2.2 - Development Density;
  5. The setbacks on the site shall be Willow Street and Brown Street frontage a minimum of 1.5 metres, and other boundary setbacks a minimum of 1.5 metres;
  6. On all road frontage setbacks landscaping comprising a mix of trees, shrubs and ground covers shall be provided and maintained to a minimum depth of 1.5 metres from the road boundary exclusive of vehicle and pedestrian accessways, to soften the bulk and scale of the principal buildings on the site;
  7. A minimum of 25% of the total site shall be landscaped inclusive of the frontage landscaping required in Rule 14D.4.2.12 f) – Scheduled Site – Hotel Armitage – Standards and Terms;
  8. Any on-site, at ground service areas shall be visually screened from any road;
  9. All buildings shall meet Rule 14D.4.2.7 - Overshadowing as relevant, provided that the overshadowing rule shall only be measured from a site boundary other than a road boundary;
  10. In assessing an application for extension of floorspace or site redevelopment the Council restricts the exercise of its discretion to the following matters:
    1. Those matters listed in Rule 14D.4.2.14 a), b), c) and d) iii) - Restricted Discretionary Activities – Matters of Discretion and Conditions which are directly relevant to the building bulk and scale, the site layout and building design and servicing of the proposal.

Proposed Amendment

14D.4.2.12"1" Scheduled Site - Hotel Armitage - Standards and Terms

  1. Within the Hotel Armitage Scheduled Site, Willow Street/Brown Street, the following are Restricted Discretionary Activities:
    1. Residential Activities;
    2. Visitor Accommodation including reception, entertainment, conference, retail facilities ancillary to the on-site visitor accommodation;
    3. Licensed premises and restaurants;
    4. Car parking, loading and access;
    5. Accessory buildings and activities.
  2. The maximum building height shall be 19 metres;
  3. The maximum building coverage on-site shall be 60%;
  4. The maximum residential density on-site shall be in accordance with Rule 14D.4.2.2 - Development Density;
  5. The setbacks on the site shall be Willow Street and Brown Street frontage a minimum of 1.5 metres, and other boundary setbacks a minimum of 1.5 metres;
  6. On all road frontage setbacks landscaping comprising a mix of trees, shrubs and ground covers shall be provided and maintained to a minimum depth of 1.5 metres from the road boundary exclusive of vehicle and pedestrian accessways, to soften the bulk and scale of the principal buildings on the site;
  7. A minimum of 25% of the total site shall be landscaped inclusive of the frontage landscaping required in Rule 14D.4.2.12"11" f) – Scheduled Site – Hotel Armitage – Standards and Terms;
  8. Any on-site, at ground service areas shall be visually screened from any road;
  9. All buildings shall meet Rule 14D.4.2.7 - Overshadowing as relevant, provided that the overshadowing rule shall only be measured from a site boundary other than a road boundary;
  10. In assessing an application for extension of floorspace or site redevelopment the Council restricts the exercise of its discretion to the following matters:
    1. Those matters listed in Rule 14D.4.2.14"3" a), b), c) and d) iii) - Restricted Discretionary Activities – Matters of Discretion and Conditions which are directly relevant to the building bulk and scale, the site layout and building design and servicing of the proposal.

Plan Change 26 – No legal effect

14D.4.2.13 Restricted Discretionary Activities – Standards and Terms – Setbacks – 14D.4.2.6 - Setbacks d), e)

Any Restricted Discretionary Activity under Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 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 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) - Setbacks shall be considered a Discretionary Activity.


Proposed Amendment

4D.4.2.13"2" Restricted Discretionary Activities – Standards and Terms – Setbacks – 14D.4.2.6 - Setbacks d), e)

Any Restricted Discretionary Activity under Rule 14D.4.2.13"2" - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) "14D.4.2.5 c), d)" - 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 14D.4.2.13"2" - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) "14D.4.2.5 c), d)" - Setbacks shall be considered a Discretionary Activity.


Plan Change 26 – No legal effect

14D.4.2.14 Restricted Discretionary Activities – Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to the following matters:

  1. General Matters:
    1. An assessment of a comprehensively designed development (City Living Zone) site plan and associated proposed building profiles and activity information to be submitted with the application;
    2. Imposition of conditions related to compliance with an approved comprehensively designed development (City Living Zone) plan and associated easements and/or covenants and consent notices required to implement an approved plan.
  2. Bulk and scale of buildings and structures:
    1. The objectives and policies relating to bulk and scale of buildings and structures;
    2. The extent to which the development visually dominates its site or surrounding sites through excessive building bulk, scale or height;
    3. The extent to which the development can avoid or mitigate more than minor overshadowing of neighbouring sites by buildings.
  3. Site Layout and Building Design:
    1. The objectives and policies relating to site layout and building design;
    2. The extent to which the building is designed to break up vertical and horizontal mass through its façade and avoidance of large, blank walls;
    3. A residential development is designed to allow sunlight into main living areas, bedrooms and studios;
    4. A residential development is designed to create on-site amenity and visual privacy between units with the design and location of outdoor living areas, outdoor space or outdoor communal areas, and on-site landscaping;
    5. A mixed use development is designed to provide adaptable ground floorspace including stud height;
    6. On-site landscape planting can provide visual screening for on-site parking when viewed from the street; 
    7. Buildings and activities are designed and located to minimise any adverse effects from noise within the building and from outdoor activity areas;
    8. Service storage areas are designed and located to ensure convenient use for residents, business occupiers and service vehicles;
    9. Activities within buildings are designed and orientated to enable passive visual surveillance of the street;
    10. Vehicle and pedestrian access is designed and located to ensure safe and efficient movement on-site and to and from the street;
    11. Physical access to residential and business activities on the site is clear from the street;
    12. Any subdivision would support the implementation of a land use consent related to the site.
  4. Density of Development:
    1. The objectives and policies relating to density of development;
    2. The extent to which the development promotes medium density housing;
    3. Adverse effects of the development on local water supply, wastewater systems, stormwater management, and the local road network can be adequately avoided, remedied or mitigated.
  5. Activities:
    1. The objectives and policies relating to activities;
    2. The development is predominately for residential activity at the planned densities anticipated for the zone;
    3. The development promotes and enhances urban residential character and amenity, not business character and amenity;
    4. Any non-residential activities are the same or similar to those anticipated in the zone.
  6. Setbacks:
    In considering activities that do not comply with Rule 14D.4.2.6 - 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.

Note: The Development Guide of Tauranga City Council will also be used as a reference guide in consideration of these matters.


Proposed Amendment

14D.4.2.14"3" Restricted Discretionary Activities – Matters of Discretion and Conditions "- Scheduled Site – Hotel Armitage"

The Council restricts the exercise of its discretion to the following matters:

  1. General Matters:
    1. An assessment of a comprehensively designed development (City Living Zone) site plan and associated proposed building profiles and activity information to be submitted with the application;
    2. Imposition of conditions related to compliance with an approved comprehensively designed development (City Living Zone) plan and associated easements and/or covenants and consent notices required to implement an approved plan.
  2. Bulk and scale of buildings and structures:
    1. The objectives and policies relating to bulk and scale of buildings and structures;
    2. The extent to which the development visually dominates its site or surrounding sites through excessive building bulk, scale or height;
    3. The extent to which the development can avoid or mitigate more than minor overshadowing of neighbouring sites by buildings.
  3. Site Layout and Building Design:
    1. The objectives and policies relating to site layout and building design;
    2. The extent to which the building is designed to break up vertical and horizontal mass through its façade and avoidance of large, blank walls;
    3. A residential development is designed to allow sunlight into main living areas, bedrooms and studios;
    4. A residential development is designed to create on-site amenity and visual privacy between units with the design and location of outdoor living areas, outdoor space or outdoor communal areas, and on-site landscaping;
    5. A mixed use development is designed to provide adaptable ground floorspace including stud height;
    6. On-site landscape planting can provide visual screening for on-site parking when viewed from the street;
    7. Buildings and activities are designed and located to minimise any adverse effects from noise within the building and from outdoor activity areas;
    8. Service storage areas are designed and located to ensure convenient use for residents, business occupiers and service vehicles;
    9. Activities within buildings are designed and orientated to enable passive visual surveillance of the street;
    10. Vehicle and pedestrian access is designed and located to ensure safe and efficient movement on-site and to and from the street;
    11. Physical access to residential and business activities on the site is clear from the street;
    12. Any subdivision would support the implementation of a land use consent related to the site.
  4. Density of Development:
    1. The objectives and policies relating to density of development;
    2. The extent to which the development promotes medium density housing;
    3. Adverse effects of the development on local water supply, wastewater systems, stormwater management, and the local road network can be adequately avoided, remedied or mitigated.
  5. Activities:
    1. The objectives and policies relating to activities;
    2. The development is predominately for residential activity at the planned densities anticipated for the zone;
    3. The development promotes and enhances urban residential character and amenity, not business character and amenity;
    4. Any non-residential activities are the same or similar to those anticipated in the zone.
  6. Setbacks:
    I
    n considering activities that do not comply with Rule 14D.4.2.6 - 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.

Note: The Development Guide of Tauranga City Council will also be used as a reference guide in consideration of these matters.


Plan Change 26 – No legal effect

 

Proposed Amendment

"14D.4.2.14 Restricted Discretionary Activities – Matters of Discretion and Condition– comprehensively designed development"

"The Council will consider the assessment criteria below for comprehensively designed development (City Living Zone) and comprehensively designed development (Te Papa Housing Overlay). The non - statutory Residential Outcomes Framework may also provide guidance on how the outcomes of particular criteria can be met.

  1. Site and Context
    The extent to which the development responds to the underlying site and surrounding context by:
    1. Designing and orientating buildings on site to:
      1. Address the sites topography; and
      2. Maximise passive solar design opportunities in response to local microclimatic features;
    2. Responding to the particular values associated with, and context of, any listed heritage item located on an adjoining site or a site directly across a legal road from the development;
    3. Providing opportunities to maintain and enhance urban ecological corridors;
    4. Maintaining or enhancing views to topographical and cultural features.
  2. Public Realm Interface
    The extent to which the development contributes to a safe and attractive public realm by:
    1. Maintaining a visual connection with the public realm and providing for passive surveillance over public areas, internal lanes and access ways; and
    2. Establishing a built form that is varied and interesting when viewed from the road and public places;
    3. Breaking up the bulk and mass of buildings to avoid overly dominant and blank facades;
    4. Providing a clearly visible pedestrian entrance from the road frontage;
    5. Minimising the visual dominance of garaging from the streetscape.
  3. Movement Networks
    The extent to which the development provides clear, convenient and safe access links for all modes of transport through the site and between adjoining open space zones and legal roads by:
    1. Ensuring that where off-street parking is provided, it is clearly identifiable and is readily accessible to the independent dwelling unit it services and to the transport network; and
    2. Locating garages, carports and vehicle access points to ensure the safety of all road users and the safe and efficient function of the transport network;
    3. Providing clear, convenient and safe pedestrian links through the site to facilitate access to movement networks, communal areas and areas of open space;
    4. Managing vehicle speed to provide a safe environment for walking and cycling;
    5. Providing cycle access that is efficient, safe and attractive.
  4. Private Residential Amenity
    The extent to which the development delivers quality on‐site amenity by:
    1. Orientating indoor and outdoor living areas to maximise access to sunlight throughout the year;
    2. Providing privacy between independent dwelling units and buildings within the site by carefully positioning balconies or decks to avoid overlooking;
    3. Offsetting windows to avoid direct line of sight between indoor and outdoor living areas of adjacent independent dwelling units;
    4. Ensuring communal on-site outdoor areas (where proposed) are safe, accessible to all abilities, adjoin main circulation routes through the site, and provide a level of amenity that is appropriate for its scale.
  5. Privacy and solar access
    The extent to which the development maximises privacy and solar access for adjoining dwellings and the site by:
    1. Managing setbacks between independent dwelling units on the same site;
    2. Locating glazing, balconies, outdoor living areas and communal living areas to maintain privacy for adjacent residents and independent dwelling units;
    3. Orientating and screening windows and balconies on upper levels to limit direct overlooking of adjacent independent dwelling units or their outdoor living areas;
    4. Locating balconies, outdoor living areas, vehicle access, waste management areas and service areas to minimise acoustic effects on adjacent independent dwelling units.
  6. Safety and Security
    The extent to which the development creates safe streets and public and on-site communal spaces by:
    1. Providing passive surveillance of streets, parks and public walkways from indoor and outdoor living areas of adjacent independent dwelling units;
    2. Ensuring sight lines are not inhibited, and entrapment areas are not created, by fences or landscaping;
    3. Clearly delineating public, private and communal private on-site space;
    4. Locating communal open spaces and carparking (where relevant) so they are overlooked by adjoining independent dwelling units or the public realm.
  7. Landscaping
    The extent to which site landscaping, including hard and soft elements, are designed and located to enhance amenity on and off the site by:
    1. Assisting to provide privacy between independent dwelling units and their indoor and outdoor living areas;
    2. Providing an attractive outlook from independent dwelling units, street and adjacent sites;
    3. Providing for winter sun and summer shade;
    4. Contributing to moderating the scale of large buildings;
    5. Providing lighting on larger developments that contributes to way finding, safety and security on the site.
  8. Service Area
    The extent to which the development provides secure and conveniently accessible storage for the number and type of occupants the independent dwelling unit is designed to accommodate
  9. Waste Management Area
    The extent to which waste management areas are:
    1. Easily accessible from the independent dwelling units it services;
    2. Integrated into the design of the building and are not visually dominant when viewed from neighbouring independent dwelling units;
    3. Located and designed to allow bins to be moved to waste collection points as conveniently and efficiently as possible. This should not require bins to be transported through independent dwelling units or across unpaved surfaces, stairs or steep gradients.
    4. Are located so that they do not result in potentially adverse acoustic or odour impacts on adjoining independent dwelling units.

Note: The New Zealand Building Code (G15/AS1 (2.0.1)) specifies a maximum carry distance of 30m for occupants transferring waste from dwellings to waste bins.


  1. Density
    The extent to which the development maximises the efficient use of the site.
  2. Infrastructure
    Whether the proposal can address any adverse effects of the development on local water supply capacity, wastewater systems, and the local road network capacity and how those effects can be adequately avoided, remedied or mitigated.
  3. Positive effects
    Any positive effects including whether the proposal achieves the outcomes outlined in the following policies:
    1. 14A.1.1.11 Policy – Choice, Resilience and Flexibility; and
    2. 14A.1.1.12 Policy – Sustainability
  4. Activities:
    1. The objectives and policies relating to activities;
    2. The development is predominately for residential activity at the planned densities anticipated for the zone;
    3. The development promotes and enhances urban residential character and amenity, not business character and amenity;
    4. Any non-residential activities are the same or similar to those anticipated in the zone.
  5. Size of Independent Dwelling units:
    In considering activities that do not comply with Rule 14D.4.2.2 – Size of Independent Dwelling Units, the Council restricts the exercise of its discretion to the matters outlined in Rule 14B.6.26.5 – Size of Independent Dwelling Units.
  6. Building Height
    In considering activities that do not comply with Rule 14D.4.2.3(a) – Building Height, the Council restricts the exercise of its discretion to:
    1. The effect on the streetscape and amenity of the area;
    2. Dominance effects on adjacent sites;
    3. Design and siting of the building or structure;
    4. Whether topographical and other site constraints make compliance with the permitted standard impractical;
    5. Retention of visually prominent trees and established landscaping;
    6. Whether an increase in building height results from a response to natural hazard mitigation.
  7. Streetscape
    In considering activities that do not comply with Rule 14D.4.2.4 - Streetscape, the Council restricts the exercise of its discretion to the following matters:
    1. The extent to which the non-compliance leads to the visual dominance of buildings as viewed from the street and from the surrounding neighbourhood;
    2. The extent to which on-site design measures contribute to the maintenance of amenity at the public private interface;
    3. The extent to which the safety of pedestrian, cycle and vehicle movements along the adjoining roading network is maintained;
    4. The extent to which passive surveillance is provided for;
    5. The extent to which screening, planting and landscaping has been provided for;
    6. Whether topographical or other site constraints make compliance with the standard impractical.
  8. Setbacks:
    In considering activities that do not comply with Rule 14D.4.2.5 - Setbacks, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.1.2 – Setbacks and the following matters:
    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;
    7. Whether the proposal achieves the outcomes outlined in Policy 14A.1.1.9 – Residential Interface.
  9. Overshadowing
    In considering activities that do not comply with Rule 14D.4.2.6 – Overshadowing, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.26.3 – Overshadowing and whether the proposal achieves the outcomes outlined in Policy 14A.1.1.9 – Residential Interface.
  10. Site Coverage
    In considering activities that do not comply with Rule 14D.4.2.7 – Site Coverage, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.1.9 – Site Coverage.
  11. On-Site Outdoor Living Areas
    In considering activities that do not comply with Rule 14D.4.2.8 – On-site Outdoor Living Areas, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.26.3 – Outdoor Living Area.
  12. Visual Outlook and Admission of Natural Light
    In considering activities that do not comply with Rule 14D.4.2.9 – Visual outlook and Admission of Natural Light, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.26.7 – Visual Outlook and Admission of Natural Light.
  13. Waste Management Areas
    In considering activities that do not comply with Rule 14D.4.2.10 – Waste Management Areas, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.26.8 – Waste Management Area."

Plan Change 26 - No legal effect

Proposed Amendment

  1. "Site Coverage - Maximum impervious surfaces
    In considering activities that do not comply with Rule 14D.4.2.7 – Site Coverage, the Council restricts the exercise of its discretion to the matters outlined in 14B.6.1.9 Site Coverage."

Plan Change 27 – Legal effect

14D.4.3 Rules in Other Sections of the Plan

Activities within the City Living Zone 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 provision 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 – Purpose of Service and Infrastructure Provisions;
  7. The provisions of any Plan Area.

 

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