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Tauranga City Plan

14D.4 Restricted Discretionary Activity Rules

Updated 11 September 2018

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.


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 Rules shall not be notified, or served on affected parties.

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.

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).

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.

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.

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.

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.


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.

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.

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.

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.

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.

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.

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.


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.


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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