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    1. 12A-Purpose: Subdivision
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    3. 12C-Subdivision in the Rural Residential Zone
    4. 12D-Subdivision in the Rural Zones
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  22. Part B Maps
Tauranga City Plan

16A.8 Permitted Activity Rules

Updated 14 December 2018


Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity unless stated otherwise.


16A.8.1 Development Density and Scale

The maximum development density for independent dwelling units shall be:

Activity Density

a) Independent dwelling units – Greenbelt Zone

1 independent dwelling unit per site 

b) Independent dwelling units – Rural Zone and Future Urban Zones – general title

1 independent dwelling unit per site

c) Independent dwelling units – Rural Zone and Future Urban Zones – multiple-owned Maori land parcel 

2 independent dwelling units per site 

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.1 a) or b) – Development Density and Scale shall be considered a Discretionary Activity.

Note: Additional independent dwelling units on multiple-owned Maori land parcels in the Rural and Future Urban Zones are addressed through Rule 16A.9 - Controlled Activity Rules; Rule 16A.10 - Restricted Discretionary Activity Rules or Rule 16A.12 - Non-Complying Activity, with the exception of additional dwelling units on multiple owned Maori land parcels in the Matapihi Rural Area (see Appendix 16B: Developments on Maori Land – Interaction between the Maori Land Court and Council) which shall be considered a Discretionary Activity.


16A.8.2 Building Height

  1. The maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions; artificial crop protection structures; and frost protection fans shall be: 9 metres;
  2. The maximum height of any frost protection fan shall be: 15 metres to the tip of the blade;
  3. 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 Intrustions, shall exceed the maximum height identified within the Plan Maps (Part B). 

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.2 – Building Height shall be considered a Discretionary Activity.


16A.8.3 Streetscape

All buildings on a site with a frontage to a legal road shall be setback from the road boundary of the site as follows:

  1. 10 metres, except artificial crop protection structures which shall be setback 5 metres;
  2. All buildings on a site adjoining a Future Road Widening designation identified on the Plan Maps (Part B) shall have the required setback measured from that designation boundary;
  3. The provision of on-site parking shall not be located within the required streetscape setback

16A.8.4 Setbacks

All buildings, excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions, shall provide the following setbacks from a side or rear boundary:

  1. A minimum of 5 metres from a side or rear boundary;
  2. No dwelling (other than a dwelling on the subject site), school or tertiary education premises shall be established closer than 500 metres to an existing factory farming activity or pig farming activity (either intensive or extensive);
  3. All new buildings, excluding minor structures and activities and artificial crop protection structures; shall be setback a minimum of 60 metres from Mean High Water Springs;
  4. All new buildings, excluding minor structures and activities and artificial crop protection structures, shall be setback a minimum of 20 metres from the edge of a bank of a permanently flowing river or stream, or wetland;
  5. No activity shall result in the clearance of more than 10m2 of indigenous vegetation on any site within 60 metres from Mean High Water Springs or 20 metres from the edge of a bank of a permanently flowing river or stream, or wetland in any calendar year, excluding:
    1. Minor vegetation clearance;
    2. Minor structures and activities;
    3. Minor public recreational facilities and activities (in relation to the Greenbelt Zone only);
    4. The construction and maintenance of new and existing stormwater reserves and stormwater overland flowpaths;
    5. The maintenance of existing farm tracks and fencelines in existence at the date of notification of the Plan (17th October 2009); 
  6. Where a site adjoins an Open Space Zone or the Coastal Marine Area, the common boundary (that being the zone boundary) may be fenced to a maximum of:
    1. 1.2 metres in height; or
    2. 1.8 metres in height, being either constructed entirely of visually permeable materials or with the upper 0.6 metres consisting of visually permeable materials.

Note: Rule 16A.8.4 c) - Setbacks shall not apply to the Matapihi Peninsula as identified in Appendix 16A: Matapihi Rural Area.


16A.8.5 Overshadowing

In Rural, Greenbelt and Future Urban Zones all buildings, excluding any overshadowing intrusions permitted under Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions and artificial crop protection structures, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing

16A.8.6 Artificial Crop Protection Structures

  1. Artificial crop protection structures shall be of green or black cloth when used vertically within 30 metres of a boundary of a property excluding a road boundary;
  2. Where artificial crop protection structures are within 30 metres of a property boundary, other than any road boundary, a different colour cloth can be used vertically where the written approval of the owner(s) of the immediately adjoining property is obtained;
  3. Artificial crop protection structures shall be of green or black cloth when situated within 30 metres of a road boundary;
  4. Artificial crop protection structures may be of any colour when used horizontally. 

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.6 a) or b) – Artificial Crop Protection Structures shall be considered a Restricted Discretionary Activity.

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.6 c) – Artificial Crop Protection Structures shall be considered a Discretionary Activity. 


16A.8.7 Homestay

  1. The homestay shall be associated with and ancillary to an independent dwelling unit, excluding any secondary independent dwelling unit on the site;
  2. When added together the maximum gross floor area of all habitable rooms associated with the homestay on the site shall not exceed 65m2.

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.7 – Homestay shall be considered a Non-Complying Activity.


16A.8.8 Home-based Business

The maximum development density for a home-based business on a site shall be:

  1. Every home-based business may employ not more than two other persons (Full Time Equivalent (FTE)) additional to the members of the household who permanently reside on the site and who own and operate the business from that site;
  2. The activity shall be carried out either wholly within a dwelling, within an accessory building, or in an outdoor yard clearly designed and constructed for the purpose. The maximum gross floor area of any associated building and/or outdoor activity area used in conjunction with the home-based business shall be 50m2;
  3. Retail sales from a home-based business shall be limited to those goods and materials produced by the home-based business and shall take place within a building or structure located on the same site and the area occupied for retail sales shall be a constituent part of the total gross area used for the home-based business or combination of businesses. 

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.8 – Home-based Business shall be considered a Non-Complying Activity. 


16A.8.9 Secondary Independent Dwelling Unit

  1. One secondary independent dwelling unit is permitted per site (excluding multiple-owned Maori land parcels in the Rural Zone, Greenbelt Zone and Future Urban Zone);
  2. The secondary independent dwelling unit shall be ancillary to the principal independent dwelling unit on site;
  3. The secondary independent dwelling unit shall have a maximum gross floor area of 80m2 in the Rural Zone and Greenbelt Zone and 120m2 in the Future Urban Zone;
  4. The secondary independent dwelling unit may be incorporated into the bulk of the existing principal independent dwelling unit or be a separate detached building;
  5. Where the secondary independent dwelling unit is detached from the principal independent dwelling unit then in the Rural Zone and Greenbelt Zone it shall be sited within 20 metres of the principal independent dwelling unit and shall share a driveway with the principal independent dwelling unit.

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.9 – Secondary Independent Dwelling Unit shall be considered a Discretionary Activity.

Note: Additional independent dwelling units on multiple-owned Maori land parcels in the Rural and Future Urban Zones are addressed through Rule 16A.9 - Controlled Activity Rules; Rule 16A.10 - Restricted Discretionary Activity Rules or Rule 16A.12 – Non-Complying Activity. 


16A.8.10 Produce Stalls

Produce stalls shall have a maximum gross floor area per site of 50m2


Note: Any activity that does not comply with Permitted Activity Rule 16A.8.10 – Produce Stalls shall be considered a Non-Complying Activity.


16A.8.11 Food Premises Associated with Garden Centres

Food premises associated directly with a garden centre shall be designed to ensure a maximum seating occupancy of 50 persons at any one time. 


Note: Any activity that does not comply with Permitted Activity Rule 16A.8.11 – Food Premises Associated with Garden Centres shall be considered a Non-Complying Activity.


16A.8.12 Pig Farming or Factory Farming

No pig farming activity (either intensive or extensive) or factory farming activity shall be established closer than 500 metres from the boundary of the site on which the activity is proposed to be established.

16A.8.13 Forestry

The last row of tree plantings for any forestry activity shall be located no closer than 20 metres to any dwelling, or any road boundary, or a non-Rural Zone boundary.

16A.8.14 Scheduled Sites: Special Permitted Activity Conditions


Note: Where an activity does not comply with a Special Permitted Activity Rule it shall be considered a Discretionary Activity, unless stated otherwise.


All activities identified on a Scheduled Site on Mahiwahine 2B, Otuawahia Block and the Ngati Tapu Block at Waikari (as identified on the Planning Maps (Part B)) shall comply with Rule 16A.8.14 - Scheduled Sites: Special Permitted Activity Conditions where relevant and Rule 16A.8 - Permitted Activities. In the event of any inconsistency between Rule 16A.8.14 - Scheduled Sites: Special Permitted Activity Conditions and Rule 16A.8 – Permitted Activities the rules outlined in Rule 16A.8.14 - Scheduled Sites: Special Permitted Activity Conditions shall prevail. The following provisions are relevant to development within each Scheduled Site. 

16A.8.14.1 Permitted Activities Within a Matapihi Papakainga Scheduled Site

  1. Independent dwelling units at a maximum density of 800m2 per independent dwelling unit or such greater area of land required to service the independent dwelling units by an approved on-site effluent treatment disposal system; 
  2. The maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3: Permitted Height and Viewshaft Protection Area Intrusions, shall be 9 metres, provided that no building or structure within any identified Viewshaft Protection Area shall exceed the maximum height identified within the Plan Maps (Part B);
  3. All buildings shall be setback a minimum of 5 metres to any external Scheduled Site boundary;
  4. All buildings, excluding any overshadowing intrusions permitted under Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing with the exception that the building envelope shall be calculated from the external Scheduled Site boundaries
  5. The independent dwelling units shall comply with Permitted Activity conditions in Rule 16A.8.18 - Rules in Other Sections of the Plan;
  6. Each independent dwelling unit on the scheduled site may operate one home-based business in accordance with Rule 16A.8.8 – Home-based Business.

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.8.15 Clearance of Indigenous Vegetation in the Rural Zone and Future Urban Zone 

No activity outside of a Special Ecological Area shall result in the clearance of indigenous vegetation, except for:

  1. the clearance of no more than 100m2 of indigenous vegetation in any calendar year, excluding minor vegetation clearance;
  2. the construction and maintenance of new and existing stormwater reserves and stormwater overland flowpaths, and
  3. maintenance of existing farm tracks and fence lines (as at 17 October 2009).

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.15 – Clearance of Indigenous Vegetation in the Rural Zone and Future Urban Zone shall be considered a Restricted Discretionary Activity.


16A.8.16 Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone 

  1. No activity outside of a Special Ecological Area shall result in the clearance of indigenous vegetation, except for:
    1. the clearance of no more than 100m2 of indigenous vegetation in any calendar year, excluding minor vegetation clearance;
    2. the construction and maintenance of new and existing stormwater reserves, stormwater overland flowpaths and maintenance and construction of minor public recreational facilities and activities
  2. No activity shall result in the clearance of exotic vegetation, except for:
    1. the clearance of no more than 100m2 of exotic vegetation in any calendar year, excluding minor vegetation clearance;
    2. the construction and maintenance of new and existing stormwater reserves, stormwater overland flowpaths;
    3. maintenance and construction of minor public recreational facilities and activities;
    4. the removal of plant pest species (as listed in the Bay of Plenty Regional Council Regional Pest Management Plan);
    5. maintenance of existing (as at 17 October 2009) farm tracks and fence lines.

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.16 a) – Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone shall be considered a Restricted Discretionary Activity. 

Note: Any activity that does not comply with Permitted Activity Rule 16A.8.16 b) – Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone shall be considered a Restricted Discretionary Activity.

Note: Rule 16A.8.4 e) - Setbacks is required to be met where indigenous vegetation is proposed within 60 metres from mean high water springs, 20 metres of the edge of a bank of any permanently flowing river or stream or 20 metres from any wetland. 


16A.8.17 Exemptions to Clearance of Exotic Trees, Bush and Scrub; Indigenous Vegetation in the Greenbelt Zone

  1. Notwithstanding 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, works for the purpose of maintaining public stormwater infrastructure, including stormwater reserves and associated walkways and, cycleways, shall be exempt from the controls in those rules subject to the maintenance complying with Rule 10A.5 – Permitted Activity Rules as it relates to the Permitted Activity conditions for maintenance of the stormwater network;
  2. Notwithstanding Rule 16A.8.16 – Clearance of Indigenous and Exotic Vegetation in the Greenbelt Zone, works for the purpose of constructing public stormwater infrastructure, including stormwater reserves and associated walkways and, cycleways, shall be exempt from the controls in those rules subject to the construction complying with Rule 10A.5 – Permitted Activity Rules as it relates to the Permitted Activity conditions for construction of the stormwater network. 

16A.8.18 Rules in Other Sections of the Plan

Activities within the Rural, Future Urban and Greenbelt Zones shall also comply with the following Permitted Activity conditions found within other sections of the Plan:

  1. The provisions of Chapter 4 – General Rules;
  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, Services and Infrastructure, Section 12G – Purpose of Service and Infrastructure Provisions;
  7. The provisions of any Plan Area.

 

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