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Tauranga City Plan

16A.10 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 16A.8.3 – Streetscape;
    2. Rule 16A.8.4 – Setbacks;
    3. Rule 16A.8.5 – Overshadowing;
    4. Rule 16A.8.6 – Artificial Crop Protection Structures;
    5. Rule 16A.8.12 - Pig Farming or Factory Farming;
    6.  Rule 16A.8.13 – Forestry;
    7. Rule 16A.8.15 – Clearance of Indigenous Vegetation in the Rural and Future Urban Zones
    8. Rule 16A.8.16 - Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone
  2. 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;
  3. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term other than Rule 16A.8.2 – Building Height;
  4. Any activity listed as a Restricted Discretionary Activity in Table 16A.1: Rural, Future Urban and Greenbelt Zones Activity Status.

16A.10.1 Restricted Discretionary Activity – Standards and Terms

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


Note: Any activity that does not comply with Rule 16A.10.1 Restricted Discretionary Activity Standards and Terms shall be considered a Discretionary Activity.


16A.10.1.1 Restricted Discretionary Activities – Papakainga on Multiple-Owned Maori Land in the Rural Zone and Future Urban Zone

  1. The subject site shall be multiple-owned Maori land, or otherwise held under the jurisdiction of the Maori Land Court under the Te Ture Whenua Act 1993, excluding such sites in the Matapihi Rural Area (See Appendix 16A: Matapihi Rural Area); 
  2. The maximum density on-site shall be:
    1. Independent dwelling units: Maximum of 30 independent dwelling units with an average of at least 2000m2 of site area per independent dwelling unit;
    2. Home-based businesses: Each independent dwelling unit on the subject site may operate one home-based business in accordance with Rule 16A.8.8 – Home-based Business;
  3. The independent dwelling units shall comply with the Permitted Activity conditions for the Rural Zones in Rule 16A.8.2 – Building Height, Rule 16A.8.3 - Streetscape, Rule 16A.8.4 - Setbacks and Rule 16A.8.5 - Overshadowing with the exception that Rule 16A.8.4 Setbacks and Rule 16A.8.5 Overshadowing shall apply only at the boundaries of the site, and shall not apply between buildings on the site
  4. The independent dwelling units shall comply with the Permitted Activity Conditions in Rule 16A.8.18 - Rules in Other Sections of the Plan;
  5. Only one communal building may be provided for on-site and shall have a maximum gross floor area of 200m2 ;
  6. If included as part of the development a school or tertiary education premises shall be designed to ensure a maximum occupancy of students at any caregiving or education session, exclusive of staff, of 50. Only one school or tertiary education premises may be established;
  7. If included as part of the development a health centre shall be designed to ensure the maximum occupancy of Full Time Equivalent staff on the site is 4. Only one health centre may be established; 
  8. An Outline Development Plan and accompanying information shall be prepared for the subject site addressing:
    1. The location and extent of the area proposed to be used, including internal property boundaries in instances where the site is proposed to comprise more than one title, and boundaries of any licenses to occupy or lease or other forms of establishing areas of exclusive occupation to particular individuals or groups;
    2. Details of any proposed staging of the development, including time frames for completion;
    3. The layout and location of the dwellings and other buildings on-site;
    4. Description of the character, scale and intensity of activities proposed for the communal building;
    5. Details of any school, tertiary education premises or health centre proposed as part of the development, including hours of operation;
    6. Areas of the site to be allocated to any non-residential activity or group of activities, including primary production activities;
    7. Location and details of wastewater and stormwater systems; water supply, including a firefighting water supply. This includes the land area required to service the site by an approved on-site effluent and treatment disposal system;
    8. Location of access to the site and internal vehicle access, and carparking areas;
    9. Landscaping by either retention of existing vegetation, earthworks, planting or artificial screening.

Note: Council supports the use of Te Keteparaha Mo Nga Papakainga (Maori Housing Toolkit) as a guide for tangata whenua considering undertaking a papakainga development.


16A.10.1.2 Restricted Discretionary Activities – Activities that do not comply with Rule 16A.8.4 c) – f) Setbacks; Activities subject to Rule 16A.10 b) and 16A.10 c) – Standards and Terms 

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 areas landscape and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.

16A.10.1.3 Restricted Discretionary Activities - Clearance of Indigenous Vegetation in the Rural, Future Urban and Greenbelt Zones: 

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

  1. For any application for resource consent for activities that do not comply with Rule 16A.8.15 - Clearance of Indigenous Vegetation in the Rural and Future Urban Zones and Rule 16A.8.16 a) - Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone (in relation to indigenous vegetation removal), a qualified ecologist shall prepare an assessment of effects of the proposed activity on the ecological values of the vegetation proposed to be removed;
  2. The assessment shall have particular regard to the factors, values and associations of the area of the vegetation and address the matters outlined in Objective 5A.3.3 - Maintenance and Enhancement of Areas of Indigenous Vegetation and Policy 5A.3.3.1 – Identifying Areas of Indigenous Vegetation and Policy 5A.3.3.2 – Maintaining & Enhancing Areas of Indigenous Vegetation.

16A.10.1.4 Restricted Discretionary Activities - Clearance of Exotic Vegetation in the Greenbelt Zone:

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

  1. For any application for resource consent for activities that do not comply with Rule 16A.8.16 b) - Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone, a suitably qualified person shall prepare an assessment of effects of the proposed activity on the:
    1. drainage and stormwater values of the area where vegetation is proposed to be removed;
    2. areas contribution as a green corridor;
    3. maintenance of visual separation between developed areas;
    4. maintenance and enhancement of rural character and amenity, natural character, ecological and/or heritage values of the vegetation proposed to be removed; 
  2. The assessment shall have particular regard to the factors, values and associations of the area of the vegetation and address the matters outlined in 16A.5.1 – Objective - Management of Special Character within the Greenbelt Zone and 16A.5.1.2 – Policy - Activities in the Greenbelt Zone

16A.10.2 Restricted Discretionary Activities – Matters of Discretion and Conditions 

16A.10.2.1 Pig Farming or Factory Farming

In considering activities that do not comply with Rule 16A.8.12 – Pig Farming or Factory Farming the Council restricts the exercise of its discretion to:

  1. The imposition of conditions which would avoid, remedy or mitigate any adverse off-site effects arising from the activities failure to comply with the specified standard;
  2. Consideration of any existing methods, rules or guidelines by the relevant industry which may assist in managing the effects of the activity on the environment

16A.10.2.2 Forestry

In considering activities that do not comply with Rule 16A.8.13 – Forestry the Council restricts the exercise of its discretion to:

  1. The potential adverse effects of overshadowing on adjoining properties and potential public safety effects in the event of trees toppling in the case of forestry not meeting the required setback from a dwelling, or any road boundary, or a non-rural zone boundary

16A.10.2.3 Streetscape

In considering activities that do not comply with Rule 16A.8.3 – Streetscape the Council restricts the exercise of its discretion to the extent to which a decrease in streetscape would: 

  1. Impact on the visual and aural privacy of occupants in adjoining and adjacent sites;
  2. Lead to the visual dominance of buildings as viewed from the road and from adjoining and adjacent properties;
  3. Adversely impact on the existing and anticipated rural landscape character as viewed from public areas, including the road and surrounding properties;
  4. The extent of any mitigation measures proposed, including landscaping, the retention of existing vegetation, the positioning of the development in relation to the existing physical contours of the site;
  5. Imposition of conditions, that would avoid, remedy or mitigate these potential adverse impacts.

16A.10.2.4 Setbacks

  1. In considering activities that do not comply with Rule 16A.8.4 a) or b) – Setbacks the Council restricts the exercise of its discretion to:
    1. The extent to which a decrease in setback would impact on the visual and aural privacy of occupants in adjoining sites;
    2. The extent to which a decrease in setback would adversely impact on the existing and anticipated rural landscape character as viewed from public areas, including the road and surrounding properties;
    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;
    4. The extent of any mitigation measures proposed, including landscaping, the retention of existing vegetation, and the positioning of the development in relation the existing physical contours of the site;
    5. The extent of impacts, including reverse sensitivity impacts, on primary production activities on the properties adjoining the non-compliance;
    6. The extent of reverse sensitivity impacts that would result from the failure to comply with the permitted setback standards in relation to existing factory farming or pig farming activity;
    7. Imposition of conditions, that would avoid, remedy or mitigate these potential adverse impacts;
  2. In considering activities that do not comply with Rule 16A.8.4 c), d), e), f) Setbacks or Rule 16A.10 b) or c) – Restricted Discretionary Activity Rules 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. 

16A.10.2.5 Overshadowing

In considering activities that do not comply with Rule 16A.8.5 – Overshadowing the Council restricts the exercise of its discretion to:

  1. The extent to which the proposal would overshadow other sites, particularly a reduction in sunlight and daylight to dwellings;
  2. Imposition of conditions, that would avoid, remedy or mitigate these potential adverse impacts. 

16A.10.2.6 Artificial Crop Protection Structures

In considering activities that do not comply with Rule 16A.8.6 a) or b) – Artificial Crop Protection Structures the Council restricts the exercise of its discretion to:

  1. The extent to which the activity has potential adverse glare impacts for neighbouring properties from the colour of the cloth;
  2. Imposition of conditions, in relation to the matters of discretion;

16A.10.2.7 Papakainga on Multiple-Owned Maori Land in the Rural Zone and Future Urban Zones

The Council restricts the exercise of its discretion to:

  1. The extent to which the intensity, density, building height and bulk and location of the proposed development will impact on the maintenance of open space and vegetation on the site, and on the overall pattern of low intensity and density that exists and is anticipated within the Rural Zone or Future Urban Zone;
  2. The extent of any mitigation measures proposed to address impacts on rural character and amenity including:
    1. The extent of proposed landscaping, including the retention of existing vegetation proposed to maintain and enhance an open vegetated character;
    2. The use of the existing physical contours of the site and positioning or clustering of the development to contribute to the maintenance of a low intensity rural character;
  3. The extent to which the development, including any communal building, school, tertiary education premises or health centre proposed as part of the development, will impact on the maintenance of opportunities to use the balance of the site for primary production activities and the maintenance of opportunities to use the surrounding properties for primary production activities;
  4. The extent to which the scale, character and nature of any activities proposed as part of the development, including hours of operation and traffic generation, is compatible with rural character and amenity;
  5. The infrastructure and servicing of the development;
  6. The extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the road (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement);
  7. Imposition of conditions, in relation to the matters of discretion.

16A.10.2.8 Clearance of Exotic Vegetation in the Greenbelt Zone

The Council restricts the exercise of its discretion to:

  1. The extent to which the activity would adversely impact on the ability of the Greenbelt Zone to effectively filter stormwater run-off from adjacent catchment areas and avoid disruption to established stormwater management systems;
  2. The extent to which the activity would adversely impact on the maintenance or enhancement of rural character and amenity, natural character, ecological values or heritage values;
  3. The extent to which the activity would adversely impact on the maintenance of green corridor areas along the major gully systems leading to Tauranga Harbour and avoid fragmentation of links and disruption to the existing green corridors;
  4. The extent to which the activity would adversely impact on the maintenance of visual separation between developed areas. 

16A.10.2.9 Clearance of Indigenous Vegetation in the Rural, Future Urban and Greenbelt Zones:

In considering activities that do not comply with Rule 16A.8.15 - Clearance of Indigenous Vegetation in the Rural and Future Urban Zones and Rule 16A.8.16 - Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone (in relation to indigenous vegetation removal), the Council restricts the exercise of its discretion to:

  1. Rule 16A.10.1.3 Restricted Discretionary Activities - Clearance of Indigenous Vegetation in the Rural, Future Urban and Greenbelt Zones or Rule 16A.10.1.4 Restricted Discretionary Activities - Clearance of Exotic Vegetation in the Greenbelt Zone;
  2. The quality, scale and location of ecological values to be removed,
  3. The extent of vegetation removal and the ability to avoid, remedy or mitigate the adverse effects of vegetation removal;
  4. The ability to undertake restoration planting using indigenous vegetation;
  5. The area’s contribution to the intrinsic value of the ecosystems within the City and the effect any loss would have on that value;
  6. The area’s contribution to the maintenance and enhancement of amenity values within the City and the effect any loss would have on that value.

 

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