16A.9 Controlled Activity Rules

Updated 14 December 2018

1. Any activity listed as a Controlled Activity in Table 16A.1: Rural, Future Urban and Greenbelt Zones Activity Status.

Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity Standard and Term shall be considered a Restricted Discretionary Activity. 

16A.9.1 Controlled Activities – Standards and Terms - 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 10 independent dwelling units with an average of at least 2000m² site area per independent dwelling unit;
   2. Home-based business: 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. One communal building may be provided for on-site and shall have a maximum gross floor area of 200m² ;
4. The independent dwelling units shall comply with the permitted activity conditions for the Rural Zone 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;
5. The independent dwelling units shall comply the permitted activity conditions in Rule 16A.8.18 - Rules in Other Sections of the Plan; 
6. An Outline Development Plan shall be prepared for the subject site showing:
   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 to use the communal building;
   5. Areas of the site to be allocated to any non-residential activity or group of activities, including primary production activities;
   6. 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;
   7. Location of access to the site and internal vehicle access and carparking areas;
   8. 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.9.2 Controlled Activities – Matters of Control and Conditions - Papakainga on Multiple-Owned Maori Land in the Rural Zone and Future Urban Zone

In assessing an application for a development containing 3 to 10 independent dwelling units on multipleowned Maori land matters over which Council has reserved control are:

1. The ability to mitigate potential adverse visual impacts on the low density and intensity character of the Rural Zone or Future Urban Zone and potential impacts on primary production activities on the balance of the site and surrounding rural sites through the impositions of conditions relating to:
   1. The layout and location, including clustering, of the dwellings and other buildings on-site and proposed staging and timeframes;
   2. Character, scale and intensity of activities proposed to the communal building;
   3. The provision of landscaping;
   4. The location of the access to serve the site development;
   5. Infrastructure provision, including financial contributions.