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Tauranga City Plan

15A.5 Restricted Discretionary Activity Rules

Updated 14 December 2018

The following are Restricted Discretionary Activities:

  1. Any Permitted Activity that does not comply with:
    1. Rule 15A.3.3 - Streetscape;
    2. Rule 15A.3.4 a), c), d), e) - Setbacks;
    3. New, or alterations to existing fences, where a site adjoins an Open Space Zone, the Coastal Marine Area or the edge of a bank of a permanently flowing river or stream, or wetland located within the defined setback where that fence is proposed to be constructed greater than:
      1. 1.2 metres in height;
      2. 1.8 metres in height and does not consist of visually permeable materials;
    4. Rule 15A.3.5 – Overshadowing;
    5. Rule 15A.3.7 – Access.

15A.5.1 Restricted Discretionary Activities – Standards and Terms – Activities that Do Not Comply with Rule 15A.3.4 a), c), 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 character 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 15A.5.1 Restricted Discretionary Activities – Standards and Terms – Activities that Do Not Comply with Rule 15A.3.4 a), c), d), e) - Setbacks shall be considered a Discretionary Activity. 


15A.5.2 Restricted Discretionary Activities – Matters of Discretion and Conditions 

15A.5.2.1 Streetscape

In considering activities that do not comply with Rule 15A.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. 

15A.5.2.2 Setbacks

  1. In considering activities that do not comply with Rule 15A.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 on adjoining sites;
    2. The extent to which the proposal would reduce the ability to maintain 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 in breaks in façades and minimisation of the length of encroachment into the setback
  2. In considering activities that do not comply with Rule 15A.3.4 c), 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.

15A.5.2.3 Overshadowing

In considering activities that do not comply with Rule 15A.3.5 - 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.

15A.5.2.4 Access

In considering activities that do not comply with Rule 15A.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 rural residential character and amenity.

15A.5.3 Special Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site

  1. Any application for a restricted discretionary land use consent within the part of the Central Bethlehem Scheduled Site zoned Rural-Residential shall comply with:
    1. Rule 15A.3.1 – Development Density and Scale
    2. Rule 15A.3.2 – Building Height;
    3. Rule 15A.3.3 - Streetscape;
    4. Rule 15A.3.4 - Setbacks;
    5. Rule 15A.3.5 - Overshadowing;
    6. Rule 15A.3.6 - Site Coverage;
    7. Rule 15A.3.7 - Access;
    8. Rule 15A.3.8 - Homestay;
    9. Rule 15A.3.9 - Home-Based Business;
    10. Rule 15A.3.10 - Secondary Independent Dwelling Unit;
    11. Rule 15A.3.11 - Produce Stalls;
    12. Rule 15A.3.12 - Heavy Machinery;
    13. Rule 15A.3.13 - Clearance of Indigenous Vegetation;
  2. Any application for a restricted discretionary land use consent shall be accompanied by a geotechnical assessment prepared by a qualified geotechnical engineer and shall as a minimum:
    1. Consider the proposal against 15A.1.6.1 a) ii) Policy - Scheduled Sites in the Rural Residential Zone;
    2. Consider the proposal against the requirements of QA-2.2 Development Evaluation Report and QA-2.4.1 Geotechnical Assessment Report as outlined within the Tauranga City Infrastructure Development Code. 
  3. Any application for a restricted discretionary land use consent shall be in accordance with Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
  4. Any application for a restricted discretionary land use consent shall comply with UG1, Section 6, Urban Growth Plan, (Plan Maps Part B);
  5. Any application for a restricted discretionary land use consent shall be accompanied by a stormwater assessment prepared by a suitably qualified engineer with expertise in the field of stormwater management. This assessment shall identify the extent to which the proposed stormwater infrastructure (stormwater management areas, swales, wetlands and drains) serving the land use development achieves:
    1. A comprehensive stormwater management system that accommodates flows from a 50 year return period storm event (2% AEP) for the entire Central Bethlehem Scheduled Site;
    2. A primary conveyance method of the stormwater management system that accommodates flows from a 10 year return period storm event (10% AEP) for the entire Central Bethlehem Scheduled Site;
    3. The avoidance and/or mitigation of potential adverse effects on the upstream and downstream catchment within the subject stormwater catchment;
    4. An overall design utilising low impact stormwater design in accordance with DC-1.4.8 Infrastructure Stormwater Management and Low Impact Design and DS-1.4.8.1 Design Elements as outlined within the Tauranga City Infrastructure Development Code;
  6. Any application for a restricted discretionary land use consent shall be accompanied by an ecological assessment prepared by a suitably qualified ecologist. This assessment shall provide for the management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses;
  7. Any application for a restricted discretionary land use consent shall ensure that no building or structure may be established within the Landscape Planted Areas shown on Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
  8. Any application for a restricted discretionary land use consent shall be accompanied by an earthworks development plan, identifying how raising of the ground level shall be battered to integrate with the surrounding environment and contours, including the existing drains and existing wetland areas (to the extent that they are retained) and proposed wetland areas, to mitigate effects on the pre-development rural landscape character;
  9. Any application for a restricted discretionary land use consent shall be accompanied by a landscape and visual assessment and a landscape planting plan prepared by a suitably qualified landscape architect. This shall, as a minimum:
    1. Consider the proposal against 6A.1.10 Objective – Rural Residential and Rural Landscape Character, 6A.1.10.1 Policy – Maintenance and Enhancement of Rural-Residential and Rural Landscape Character and 15A.1.6.1 a) i) Policy – Scheduled Sites in the Rural Residential Zones.
    2. Have particular regard to the interface of the Central Bethlehem Scheduled Site with adjoining sites in the context of the Central Bethlehem Scheduled Sites pre-development rural landscape character which is intended to be mitigated by the Landscape Planting Areas shown on Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
    3. Outline the proposed finished earthworks and finished contours for the site
    4. Outline the proposed landscape planting of the Landscape Planting Areas, 20m Wide Open Corridor, the internal margins of the Internal Road Corridor and all existing and proposed Stormwater Treatment Areas, swales, wetlands and drains identified in Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);
    5. Include a planting, maintenance and replacement schedule, which includes plant species, grades and quantities at time of planting, and responsibilities of landowners to implement and maintain the Landscape Planted Areas; 
    6. Where fencing is proposed, specify fencing that is of a rural landscape character with a minimum of 50 per cent visual permeability in the following locations:
      1. Adjacent to the boundary with Parau Farms Active Reserve;
      2. Adjacent to all proposed pedestrian walkways, public and private open spaces;
      3. Adjacent to all zoned Rural and Rural Residential allotments within the Central Bethlehem Scheduled Site
      4. On the external boundaries of the Central Bethlehem Scheduled Site.

Note: Any application for land use consent that does not comply with Rule 15A.5.3 - Special Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Discretionary Activity under Rule 15A.6- Discretionary Activity Rules, with the exception of non-compliance with Rules 15A.5.3 a) iii)-v) vii)-viii) and xi)-xiii) Special Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site.

Note: Any application for a restricted discretionary land use consent that does not comply with Rules 15A.5.3 a) iii)-v) - Special Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Restricted Discretionary Activity and assessed in accordance with Rule 15A.5.2 - Restricted Discretionary Activities – Matters of Discretion and Conditions.

Note: Any application for land use consent that does not comply with Rules 15A.5.3 a) vii), viii),  xi) - xiii) - Special Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Non-Complying Activity. 


15A.5.4 Restricted Discretionary Activities – Matters of Discretion and Conditions - Central Bethlehem Scheduled Site 

In considering any restricted discretionary land use application for the Central Bethlehem Scheduled Site, the Council restricts the exercise of its discretion to:

  1. The matters in 6A.1.10 Objective – Rural Residential and Rural Landscape Character, 6A.1.10.1 Policy – Maintenance and Enhancement of Rural-Residential and Rural Landscape Character and 15A.1.6.1 a) Policy – Scheduled Sites in the Rural Residential Zones
  2. Compliance with the matters outlined in Rule 15A.5.2 - Restricted Discretionary Activities – Matters of Discretion and Conditions;
  3. The extent to which the proposal is in accordance with and supports the implementation of Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2) and UG1, Section 6, Urban Growth Plans, (Plan Maps Part B);
  4. The matters in objectives and policies under the heading 8A.1 Objectives and Policies for the Natural Hazards Provisions and 15A.1.6.1 a) ii) Policy – Scheduled Sites in the Rural Residential Zone;
  5. The extent to which the proposal avoids or mitigates any adverse effects on:
    1. The capacity of Council’s water infrastructure;
    2. Stormwater management within the Central Bethlehem Scheduled Site and its integration with the wider stormwater catchment;
    3. The management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses;
    4. The rural landscape character of adjoining Rural and Rural Residential zoned properties along the northern and southern escarpments including the existing rural aspect and visual connectivity to the Wairoa River;
  6. The extent to which all earthworks (excluding earthworks associated with the internal road corridor as identified on Appendix 15A: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)) are battered to integrate with the surrounding environment and contours, including the existing drains and wetland areas, and the extent of mitigation of effects on the pre-development rural landscape character;
  7. In addition to the matters above, any matters required to be included or assessed in a document prepared by a qualified expert in accordance with Rules 15A.5.3 b), e), f) and i) – Special Restricted Discretionary Activities – Standards and Terms - Central Bethlehem Scheduled Site and any recommendations or mitigation measures included in such a document. 

15A.5.5 Non-Notification of Resource Consents - Central Bethlehem Scheduled Site

Any application for a restricted discretionary resource consent within the Central Bethlehem Scheduled Site shall not be notified or served on affected parties. 


 

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