14D.5 Discretionary Activity Rules

Updated 16 November 2020

The following are Discretionary Activities:

1. Any Permitted Activity that does not comply with: 
   1. Rule 14D.3.1 - Alterations and/or Additions to Residential Activities (legally established as at 17 October 2009;
   2. Rule 14D.3.2 - Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.3;
   3. Rule 14D.3.3 – Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009);
   4. Rule 14D.3 4 - Home-based Business;
2. Comprehensively designed development (City Living Zone) which does not comply with Rules 14D.4.2.2 - Development Density through Rule 14D.4.2.12 - Scheduled Site - Hotel Armitage - Standards and Terms;
3. Any Restricted Discretionary Activity not complying with Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) - Setbacks;
4. Any activity which is not a Permitted, Controlled, Restricted Discretionary, Non-Complying or Prohibited Activity;
5. Any activity listed as Discretionary in Table 14D.1: City Living Zone Activity Status.

14D.5.1 Assessment of Discretionary Activities

1. 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;
2. Notwithstanding Rule 14D.5.1 a) - Assessment of Discretionary Activities above the Council will also have regard to the matters listed in Rule 14D.4.2.14 - Restricted Discretionary Activities – Matters of Discretion and Conditions for guidance in considering the application.

Definitions in this section

activity/activities

comprehensively designed development (city living zone)

council

the plan