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  22. Part B Maps
Tauranga City Plan

17A.11 Permitted Activity Rules

Updated 16 November 2020


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


17A.11.1 Building Height

17A.11.1.1 Building Height in the Commercial Zone, Tauriko Commercial Zone and Excelsa Commercial Plan Area

  1. The maximum height of any building, with the exception of the Permitted Intrusions in Rule 4H.2 Permitted Activity Rules, shall be:
    Zone Maximum Building Height
    Commercial Zone, excluding commercial zoned land on the southern side of Marsh Street between Chapel Street and Marsh Street 12m
    Commercial zoned land on southern side of Marsh Street between Chapel Street and Marsh Street 9 m
    Tauriko Commercial Zone 16 m
    Excelsa Commercial Plan Area The maximum building height for a building or structure shall not exceed that specified in metres on Appendix 17L Excelsa Commercial Plan Area Outline Development Plan
    Proposed Amendment
    "Commercial Zone in Te Papa Housing Overlay"
    Plan Change 26 – No legal effect
    "The maximum height of any building or structure; with the exception of the Permitted Intrusions under Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall be in accordance with the heights specified in Appendix 14F: Te Papa Housing Overlay maximum heights."
  2. 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. Notwithstanding Rule 17A.11.1.1 a. - Building Height in the Commercial Zone, Tauriko Commercial Zone and Excelsa Commercial Plan Area land within the Commercial Zone to the north of Marsh Street shall be limited to 9 metres in height in accordance with Appendix 17A: City Centre Zone Building Heights.

Note: Any activity that does not comply with Rule 17A.11.1.1 - Building Height in the Commercial Zone, Tauriko Commercial Zone and Excelsa Commercial Plan Area shall be considered as a Discretionary Activity. 


17A.11.1.2 Building Height in the City Centre Zone

  1. The maximum height of any building or structure, with the exception of the permitted intrusions in Rule 4H.2 – Permitted Activity Rules and any building in the Northern Strand Scheduled Site which complies with Appendix 17M: Northern Strand Scheduled Site Outline Development Plan, shall not exceed the permitted height for the area in which the site is located, as specified in Appendix 17A: City Centre Zone Building Heights, as follows:
    Height Area Maximum Building Height
    1 49m (above Moturiki Datum)
    2 19m
    3 16m
    4 12m
    5, 6, 7, 8 Refer Appendix 17A: City Centre Building Heights 
    9 Refer Rule 17A.12.1.2 - Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone
  2. 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 Intrusions shall exceed the maximum height identified within the (Plan Maps, Part B);
  3. Within the City Centre Zone Rule 17A.12.1.1 - Sunlight Admission to Public Places shall also apply. 

Note: Any activity that does not comply with Rule 17A.11.1.2 - Building Height in the City Centre Zone shall be considered as a Discretionary Activity.

Note: Any activity on the Northern Strand Scheduled Site that does not comply with Appendix 17M: Northern Strand Scheduled Site Outline Development Plan shall be considered a Discretionary Activity.


17A.11.2 Pedestrian Environment Streets

  1. All sites adjoining specified pedestrian environment streets as indicated on the (Plan Maps, Part B) shall provide a permanent cover over the public footpath adjacent to the site that shall:
    1. Provide continuous unbroken cover, and may cover private vehicle access points to the roadway; subject to the provision of clearances in accordance with Rule 4B.2 – Permitted Activity Rules;
    2. Have the fascia a minimum of 2.4 metres above the public footpath;
    3. Cover a minimum width of 2.5 metres of the public footpath, provided that where the full width of the footpath is less than 3 metres the covered walkway shall be no closer than 0.5 metres to the adjacent kerb.

      Figure 17A.1: Covered Footpaths
      covered footpaths
  2. All buildings on sites with a frontage to a pedestrian environment street shall provide active frontage through visual connection at ground floor level between activities internal to the building and the street that:
    1. Provides a minimum of 75% of that frontage between 0.6 metres and 2.1 metres in height as glazing or unobscured openings;
    2. Provides for the display of goods, services or activities within the building;
    3. Is not obscured from the public street except by see-through security grilles.

      Figure 17A.2: Active Frontages
      active frontages
  3. All buildings on sites with legal frontage to a pedestrian environment street shall provide direct pedestrian access from the public footpath to the building at ground floor level;
  4. No activity on a site which adjoins a pedestrian environment street shall have direct vehicle access to that street other than by a public service lane or lawfully established existing private access;
  5. Residential and carparking activities on sites with frontage to a pedestrian environment street shall not be located at ground floor level, except when:
  6. The activity is separated from any street frontage by retail or office activities extending to a depth of at least 15 metres or 50% of the depth of the site, whichever is the lesser;
  7. Notwithstanding Rule 17A.11.2 e. – Pedestrian Environment Streets above, provision may be made for pedestrian access to the residential and car parking activities to the street of a width comprising not more than 5 metres or 25% of the street frontage of the site, whichever is the lesser;
  8. No service station or emergency service is permitted on a pedestrian environment street.

17A.11.3 Streetscape

17A.11.3.1 Commercial Zone and City Centre Zone Streetscape 

  1. All buildings and activities on a site within the Commercial Zone or City Centre Zone where the site is directly opposite a sensitive zone, excluding the City Living Zone, or where the land opposite is used primarily as a business activity, shall either:
    1. Provide an active frontage as described in Rule 17A.11.2 – Pedestrian Environment Streets; or
    2. In accordance with Appendix 17D: Commercial Streetscape Rule Option, where the frontage is primary street frontage, provide frontage developed landscape areas to a width of at least 2 metres as measured from the road frontage boundary, exclusive of vehicle accessways, in conjunction with a 15% proportion of the active frontage described in Rule 17A.11.2 – Pedestrian Environment Streets;
    3. In accordance with Appendix 17D: Commercial Streetscape Rule Option, where the frontage is secondary street frontage, provide frontage landscape planting comprised of trees, shrubs and groundcovers to a width of at least 2 metres as measured from the road frontage boundary, exclusive of vehicle accessways; 
      For the purposes of this rule, vehicle accessways cannot occupy more than 50% of the length of the road boundary of the site, except to the extent required to meet the minimum access width in Rule 4B.2 - Permitted Activity Rules;
  2. Notwithstanding Rule 17A.11.3.1 a. - Commercial Zone and City Centre Zone Streetscape, any permitted service station shall be set back at least 1 metre from the road boundary of the site and provide frontage landscape planting contiguous to, and to a width of, at least 1 metre from the road boundary, exclusive of permitted vehicle accessways; 
  3. All buildings on a site adjoining a Road Widening designation shall have the setback measured from that designation boundary.

Note: Rule 17A.11.3.1 a. – Commercial Zone and City Centre Zone Streetscape does not apply to the Bayfair Commercial Plan Area. 

Note: All buildings within the Excelsa Commercial Plan Area shall also comply with Rule 17A.11.3.3 – Excelsa Commercial Plan Area Streetscape


17A.11.3.2 Tauriko Commercial Zone Streetscape

  1. All buildings and activities on sites within the Tauriko Commercial Zone having a direct frontage to Taurikura Drive:
    1. Shall be set back a minimum of 5 metres from the Taurikura Drive boundary
    2. Shall provide a front setback for loading, unloading, or outdoor storage activity to Taurikura Drive, no closer to the nearest part of any building to the front boundary with Taurikura Drive;
    3. Entrances to buildings fronting Taurikura Drive shall face Taurikura Drive and be entirely visible from any vehicle entrance off Taurikura Drive;
    4. Specimen tree planting shall be provided and maintained by, or on behalf of, the landowner(s) on sites adjoining Taurikura Drive boundary at the rate of one tree for every 10 lineal metres of road frontage or fraction thereof. The trees shall be located within the site and within 10 metres of the front boundary of the site with Taurikura Drive. The trees shall be planted within six months of occupation of a building or the start of an activity on-site; 
    5. At least 50% of the setback required by Rule 17A.11.3.2 a) i) – Tauriko Commercial Zone Streetscape above shall be landscaped in the form of shrubs and groundcover species;
    6. No more than 5 vehicle parking spaces may be located within the 5-metre setback required by Rule 17A.11.3.2 a) i) – Tauriko Commercial Zone Streetscape above;
  2. For all other sites in the Tauriko Commercial Zone, specimen tree planting shall be provided and maintained by, or on behalf of, the landowner at the rate of one tree for every 15 lineal metres of road frontage or fraction thereof. The trees shall be located within the site and within 10 metres of the front boundary of the site with Taurikura Drive. The trees shall be planted within six months of occupation of a building or the start of an activity on site;
  3. For the purposes of this rule, specimen tree shall mean a tree species set out in Appendix 18E: Tauriko Business Estate Mitigation and Landscape Features: Species List

17A.11.3.3 Excelsa Commercial Plan Area Streetscape

  1. In addition to complying with Rule 17A.11.3.1 - Commercial Zones and City Centre Zone Streetscape:
    1. All buildings shall comply with any specified building setback as shown in Appendix 17L: Excelsa Commercial Plan Area Outline Development Plan; and
    2. Vehicle access shall not occupy any part of a front boundary where no access is shown on Appendix 17L: Excelsa Commercial Plan Area Outline Development Plan

17A.11.4 Boundaries of Commercial Zone and Sensitive Zones

  1. Buildings, structures and activities (other than vehicle parking and manoeuvring, but not vehicle loading) on a site in the Commercial Zones adjoining a site in a non-Business Zone (with the exception of a site within the Industrial Zones, Rail Zone or Road Zone), or a site identified as a proposed esplanade reserve, shall be set back at least 5 metres from the zone boundary or identified proposed esplanade reserve boundary. This rule shall exclude basement areas located entirely below ground level
  2. Where a site adjoins a Residential Zone the common boundary (that being the zone boundary) shall be either:
    1. Fenced with a minimum 1.8-metre-high screen wall or closed boarded wooden fence of permanent materials; or
    2. Demarcated by a visually permeable fence, bollards or other physical separation where the written consent of adjacent owners and occupiers whose properties adjoin the Commercial Zone have been obtained and are clearly endorsed on all relevant building consent or resource consent plans; 
  3. Where a site adjoins an Open Space Zone, or is identified as proposed esplanade reserve, the common boundary (that being the zone boundary) shall be either:
    1. Fenced with a minimum 1.8-metre-high screen wall or closed boarded wooden fence of permanent materials;
    2. Demarcated by a visually permeable fence, bollards or other physical separation. Where this option is used, bin storage areas shall be screened from the Open Space Zone or esplanade reserve by an enclosed storage area;
  4. All buildings on a site adjoining a sensitive zone shall comply with Rule 14B.3.6 - Overshadowing in relation to the boundary of the sensitive zone.

17A.11.5 Residential and Visitor Accommodation Density

  1. The maximum density of residential activities and visitor accommodation in the Commercial Zone shall be: 
    Activity Density
    Independent dwelling units 1 independent dwelling unit/50m2 of gross site area.
    Shared accommodation 8 permanent residents/site.
    Visitor accommodation (self-contained) 1 self-contained visitor accommodation unit/site.
    Visitor accommodation (not self-contained) Habitable room gross floor area of 65m2/100m2 of gross site area. 
  2. There is no maximum density of development for residential activities and visitor accommodation in the City Centre Zone. 

Note: Any activity that does not comply with Permitted Activity Rule 17A.11.5 - Residential and Visitor Accommodation Density shall be considered as a Discretionary Activity.


Proposed Amendment

17A.11.5 Residential and Visitor Accommodation Density

  1. The maximum density of residential activities "shared" and visitor accommodation in the Commercial Zone shall be: 
    Activity Density
    Independent dwelling units 1 independent dwelling unit/50m2 of gross site area.
    Shared accommodation 8 permanent residents/site.
    Visitor accommodation (self-contained) 1 self-contained visitor accommodation unit/site.
    Visitor accommodation (not self-contained) Habitable room gross floor area of 65m2/100m2 of gross site area. 
  2. There is no maximum density of development for residential activities and visitor accommodation in the City Centre Zone. 

Note: Any activity that does not comply with Permitted Activity Rule 17A.11.5 - Residential and Visitor Accommodation Density shall be considered as a Discretionary Activity.


Plan Change 26 – No legal effect

17A.11.6 Residential Activities in the Commercial Zone and City Centre Zone

Residential activities within the Commercial Zone and City Centre Zone and not subject to Rule 17A.11.2 – Pedestrian Environment Streets, shall not be located at ground floor level as a permitted activity except when: 

  1. The activity is separated from any street frontage by retail or office activities extending to a depth of at least 15 metres or 50% of the depth of the site, whichever is the lesser;
  2. Notwithstanding Rule 17A.11.6 a. - Residential Activities in the Commercial Zone and City Centre Zone above, provision may be made for pedestrian access from the residential activities to the street of a width comprising not more than 5 metres or 25% of the street frontage of the site, whichever is the lesser;

Note: Any activity that does not comply with Permitted Activity Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone shall be considered a Restricted Discretionary Activity.


Proposed Amendment

17A.11.6 Residential Activities in the Commercial Zone and City Centre Zone

Residential activities within the Commercial Zone and City Centre Zone and not subject to Rule 17A.11.2 – Pedestrian Environment Streets, shall not be located at ground floor level as a permitted activity except when: 

  1. The activity is separated from any street frontage by retail or office activities extending to a depth of at least 15 metres or 50% of the depth of the site, whichever is the lesser;
  2. Notwithstanding Rule 17A.11.6 a. - Residential Activities in the Commercial Zone and City Centre Zone above, provision may be made for pedestrian access from the residential activities to the street of a width comprising not more than 5 metres or 25% of the street frontage of the site, whichever is the lesser;

Note: Any activity that does not comply with Permitted Activity Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone shall be considered a Restricted Discretionary Activity.


 

17A.11.7 Rules in Other Sections of the Plan

Activities within the Commercial Zones shall also comply with the following 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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