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Tauranga City Plan

14E.5 Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

  1. Any Permitted Activity that does not comply with:
    1. Rule 14E.3.3 – Streetscape;
    2. Rule 14E.3.4 – Setbacks; (excluding Rule 14E.3.4 b - Setbacks);
    3. Rule 14E.3.5 – Setbacks – Traffic Management Safety;
    4. Rule 14E.3.6 – Overshadowing;
    5. Rule 14E.3.7 – Access.

14E.5.1 Restricted Discretionary Activities – Standards and Terms – Rule 14E.3.4 d), e) - Setbacks

Restricted Discretionary Activities 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 area’s 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 14E.5.1 - Restricted Discretionary Activity - Standards and Terms shall be considered a Discretionary Activity.


14E.5.2 Restricted Discretionary Activities – Matters of Discretion and Conditions

14E.5.2.1 Streetscape

In considering activities that do not comply with Rule 14E.3.3 - Streetscape the Council restricts the exercise of its discretion to:

  1. The extent to which the proposal would adversely impact on the maintenance of a consistent setback from the street and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the street and from adjoining sites;
  2. The extent to which the proposal addresses potential adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public-private interface.

14E.5.2.2 Setbacks

  1.  In considering activities that do not comply with Rule 14E.3.4 a) - Setbacks the Council restricts the exercise of its discretion to:
    1. The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;
    2. The extent to which the proposal would reduce access for maintenance, including for buildings on adjoining sites;
    3. The extent to which the proposal would address potential adverse impacts through design measures including, but not restricted to, step breaks in façades and minimisation of the length of encroachment into the setback.
  2. In considering activities that do not comply with Rule 14E.3.4 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. 

14E.5.2.3 Setback – Traffic Management – Safety

In considering activities that do not comply with Rule 14E.3.5 – Setbacks – Traffic Management – Safety the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 – On-site Parking Requirements.

14E.5.2.4 Overshadowing

In considering activities that do not comply with Rule 14E.3.6 – Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced sunlight and daylight.

14E.5.2.5 Access

In considering activities that do not comply with Rule 14E.3.7 – 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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