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Tauranga City Plan

16B.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 16B.3.3 – Streetscape;
    2. ​ Rule 16B.3.4 - Setbacks;
    3. Rule16B.3.5 – Overshadowing;
    4. Rule 16B.3.8 - Factory Farming;
    5. Rule 16B.3.9 – Forestry;
  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. The clearance of more than 10m2 of indigenous vegetation on a site in any calendar year;
  4. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term other than Rule 16B.3.2 – Building Height;
  5. Any activity listed in Table 16B.1: Rural Marae Community Zones Activity Status as Restricted Discretionary. 

16B.5.1 Restricted Discretionary Activities – Standards and Terms Independent Dwelling Units in a Rural Marae Community Zone 


Note: Any activity that does not comply with Rule 16B.5.1 – Restricted Discretionary – Standards and Terms for Independent Dwelling Units in a Rural Marae Community Zone shall be considered a Non-Complying Activity.


  1. The maximum density of independent dwelling units in a Rural Marae Community Zone shall be 30 independent dwelling units at maximum development intensity of one independent dwelling unit per 800m2 or such greater area of land required to service the independent dwelling units by an approved on-site effluent treatment disposal system;
  2. The independent dwelling units shall comply with the permitted activity conditions for the Rural Marae Community Zone in Rule 16B.3.2 – Building Height, Rule 16B.3.3 - Streetscape, Rule 16B.3.4 - Setbacks and Rule 16B.3.5 – Overshadowing;
  3. The independent dwelling units shall comply with the permitted activity conditions in Rule 16B.3.12 - Clearance of Indigenous Vegetation and Rule 16B.3.13 - Rules in Other Sections of the Plan;
  4. Home-based businesses: Each independent dwelling unit on the subject site may operate one homebased business in accordance with Rule 16B.3.6 – Home-based Business
  5. An Outline Development Plan shall be prepared for the subject site showing:
    1. The location and extent of the area proposed to be used for housing within the Rural Marae Community Zone and the proposed layout and location of the independent dwelling units;
    2. Location of any wastewater, water supply, roading, stormwater services and associated equipment, reticulations and facilities;
    3. Details of any proposed staging of the development, including time frames for completion. 

16B.5.2 Restricted Discretionary Activities – Activities that do not comply with Rule 16B.3.4 c) – f) Setbacks; Activities subject to Rule 16B.5 b) and 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 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 Rule 16B.5.2 – Restricted Discretionary Activity – Activities that do not comply with Rule 16B.3.4 c) –  f), Activities subject to Rule 16B.5 b) and c) – Restricted Discretionary Activity Rules - Standards and Terms shall be considered a Discretionary Activity.


16B.5.3 Restricted Discretionary Activities – Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to:

16B.5.3.1 Streetscape

In considering activities that do not comply with Rule 16B.3.3 - 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 on 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, and 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.

16B.5.3.2 Setbacks

  1. In considering activities that do not comply with Rule 16B.3.4 - Setbacks the Council restricts the exercise of its discretion to the extent to which a decrease in setback would:
    1. Impact on the visual and aural privacy of occupants in adjoining sites;
    2. 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 to the existing physical contours of the site;
    5. Imposition of conditions, that would avoid, remedy or mitigate these potential adverse impacts;
  2. In considering activities that do not comply with Rule 16B.3.4 c), d), e), f) - Setbacks or Rule 16B.5 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.

16B.5.3.3 Overshadowing

In considering activities that do not comply with Rule 16B.3.5 - Overshadowing the Council restricts the exercise of its discretion to:

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

16B.5.3.4 Factory Farming

In considering activities that do not comply with Rule 16B.3.8 - 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 activity’s 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.

16B.5.3.5 Forestry

In considering activities that do not comply with Rule 16B.3.9 - Forestry the Council restricts the exercise of its discretion to:

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

16B.5.4 Independent Dwelling Units in a Rural Marae Community Zone

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 Zones;
  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 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 infrastructure and servicing of the development;
  5. 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);
  6. Imposition of conditions, in relation to the matters of discretion. 

 

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