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Tauranga City Plan

17A.12 Permitted Activity Rules - Special Permitted Activities

Updated 11 September 2018


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


17A.12.1 City Centre Zone Special Permitted Activity Rules

In addition to the foregoing Permitted Activity Rules, Rule 17A.11.1 – Building Height through Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone, activities within the City Centre Zone shall also comply with the following additions and variations to those rules as they apply to the site of the activity.

17A.12.1.1 Sunlight Admission to Public Places

  1. All buildings or structures shall be designed, and constructed to no greater than a height that will maintain direct daylight access to the following City Centre public places at noon on 21 June, as indicated in Appendix 17C: City Centre Zone – Sunlight Admission to Public Places:
    Public Place Sunlight Admission Area
    Spring Street (Legal Road between The Strand and Willow Street) 100% of the public space south of the maximum shadow limit line shown on and dimensioned on Appendix 17C: City Centre Zone – Sunlight Admission to Public Places, measured at ground level and at a right angle from any point along the southern road site boundary of Spring Street.
    Wharf Street (Legal Road between The Strand and Willow Street) 100% of the public space south of the maximum shadow limit line shown on and dimensioned on Appendix 17C: City Centre Zone – Sunlight Admission to Public Places, measured at ground level and at a right angle from any point along the southern road site boundary of Wharf Street.
    Masonic Park site (between The Strand and Willow Street) 100% of the public space south of the maximum shadow limit line shown on and dimensioned on Appendix 17C: City Centre Zone – Sunlight Admission to Public Places, measured at ground level and at a right angle from any point along the southern site boundary of the Masonic Park site.
  2. A certificate prepared and signed by a registered surveyor or other appropriately qualified person shall be supplied to demonstrate compliance with this rule where the proposed height of the building or structure is within 2 metres of the maximum permitted for the site when this rule is applied.

Note: Any activity that does not comply with Rule 17A.12.1.1 – Sunlight Admission to Public Places shall be considered a Discretionary Activity. 


17A.12.1.2 Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone

  1. Waterfront Sub-Zone A: All permanent buildings, excluding lighting structures and minor public recreational facilities and activities shall:
    1. Be located outside the identified Street View Corridors as shown in Appendix 17B: Waterfront Subzone A – Street View Corridors;
    2. Have a maximum building height not exceeding 6m for buildings located north of the Spring Street View Corridor and south of the Harrington Street View Corridor;
    3. Have a maximum building height not exceeding 8m for buildings located north of the Harrington Street View Corridor or south of the Spring Street View Corridor;
    4. Have a maximum building length along the north-south axis not exceeding 9m for buildings located north of the Spring Street View Corridor and south of the Hamilton Street View Corridor;
    5. Have a maximum cumulative footprint area for all enclosed buildings north of the Hamilton Street View Corridor not exceeding 300m2;
    6. Have a maximum cumulative footprint area for all enclosed buildings south of the Hamilton Street View Corridor not exceeding 450m2;
    7. For two level buildings the second level shall not extend beyond the outer extent of the ground level footprint of that building, with the exception of building components associated with the roof;
  2. Rule 17A.12.1.2 a. i. - Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone shall not apply to the existing Edgewater Fan Sail and Kiosk buildings as identified in Appendix 17B: Waterfront Sub-Zone A – Street View Corridors;
  3. Waterfront Sub-Zone B: The maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area, shall be in accordance with Appendix 17A: City Centre Building Heights;
  4. All temporary activities in either sub-zone shall be in accordance with Rule 4F.2.2 - Temporary Activities within the City Centre Waterfront Sub-Zone A and B and Lots 1, 2, 3, 4 and 5 DPS 41228 (Masonic Park)
  5. All buildings and structures in either sub-zone shall be designed and constructed so that:
    1. They cannot be damaged by flooding or harbour inundation;
    2. They will not impede the flow of flood waters, inundation waters or any stormwater overland flowpath;
    3. For the avoidance of doubt this rule overrides the requirements of the Flood Hazard Plan Area in Chapter 8C - Flood Hazard Plan Area;
    4. An engineering assessment shall be supplied to demonstrate compliance with this rule. The engineering assessment shall clearly display that such a building or structure is not likely to accelerate, worsen or result in material damage to that land or building or structure or any other land, building or structure through inundation or flooding. 

Note: Any activity that does not comply with Rule 17A.12.1.2 - Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone in relation to building height shall be considered a Discretionary Activity.

Note: Rules 17A.12.1.2 a) v) and vi) - Buildings, Activities and Structures in the City Centre Waterfront SubZone do not limit the maximum overall gross leaseable floor area (GLFA) of two level buildings.


17A.12.1.3 Northern Strand Scheduled Site – Special Permitted Activity Conditions

  1. Within the Northern Strand Scheduled Site identified in Appendix 17M: Northern Strand Scheduled Site Outline Development Plan, the following are permitted activities:
    1. All activities listed in Table 17A.1: Commercial Zones Activity Status as permitted activities in the City Centre Zone;
    2. A building which includes a multi-level tower block with a maximum height of RL35 m (excluding an area for building services, utilities and plant which shall have a maximum floor area of 120m2 and a maximum height of RL39m) in accordance with Appendix 17M: Northern Strand Scheduled Site Outline Development Plan

17A.12.2 Tauriko Commercial Zone Special Permitted Activities

The Permitted Activities in the Table 17A.1: Commercial Zones Activity Status shall apply, subject to the exceptions below.

17A.12.2.1 Buffer Strips, Escarpment Areas and Visual Mitigation Buffers

For the areas identified in accordance with Diagram 10, Section 5, (Plan Maps, Part B) Tauriko Business Estate Outline Development Plan as Escarpment Area or visual mitigation buffer permitted activities shall be limited to protection, enhancement and maintenance of landscape planting, and the provision of walkways

17A.12.2.2 Landmark Entry Treatment Areas

For areas identified in accordance with Diagram 10, Section 5, (Plan Maps, Part B) Tauriko Business Estate Outline Development Plan as Landmark Entry Treatment Areas, the establishment of cultural and heritage landmark features shall also be a Permitted Activity. 

17A.12.3 Tauriko Commercial Zone Special Permitted Activity Rules


Note: Where an activity does not comply with a Permitted Activity Rule for the Tauriko Commercial Zone it shall be considered a Discretionary Activity.


17A.12.3.1 Gross Floor Area

The gross floor area for development within the Tauriko Commercial Zone shall not exceed 47,600m2.

17A.12.3.2 Traffic Management, Safety and Convenience

  1. Between the roundabout at Takitimu Drive/Taurikura Drive and the second roundabout on Taurikura Drive (approximately 400 metres) no vehicle access shall be provided on to the north side of Taurikura Drive unless that vehicle access is directly off the first roundabout on Taurikura Drive;
  2. No vehicle access shall be provided on to the south side of Taurikura Drive between the roundabout at Takitimu Drive/Taurikura Drive and the first roundabout on Taurikura Drive (approximately 200 metres).

17A.12.3.3 Compliance of Land Use with Urban Growth Plan, Services Strategy, Staging Plan, Outline Development Plan, and other relevant documents

  1. No land use shall occur in the Tauriko Commercial Zone unless it complies with the requirements of:
    1. Diagram 10, Section 5, (Plan Maps, Part B) (Tauriko Business Estate Outline Development Plan);
    2. Diagram 9, Section 5, (Plan Maps, Part B) (Tauriko Business Estate Staging Plan);
    3. Appendix 18F: Tauriko Business Estate Services Strategy and Sequencing Schedule;
    4. UG8, Section 6, (Plan Maps, Part B) (Tauriko Business Estate Urban Growth Plan)
  2. Where a land use is being carried out on a lot created from a subdivision under Rule 12E.3.1.10 – Subdivision within the Tauriko Business Estate the land use shall be deemed to have complied with Rule 17A.12.3.3 - Compliance of Land Use with Urban Growth Plan, Services Strategy, Staging Plan and Outline Development Plan and other relevant documents. 

17A.12.4 Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone - Permitted Activities

No activity within the Wairakei Town Centre Zone and the Wairakei Neighbourhood Centre Zone shall be considered a Permitted Activity unless it is in accordance with a comprehensive development consent (Wairakei Urban Growth Area) granted under Rule 17A.14 e) – Restricted Discretionary Activity Rules and provided for under Rule 17A.14.10.1 - Comprehensive Development Consent.

 


Note: Any activity that does not comply with Rule 17A.12.4 - Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone – Permitted Activities shall be considered a Non-Complying Activity. 


17A.12.5 Special Permitted Activities in Commercial Plan Areas 


Note: Any activity that does not comply with a Special Permitted Activity Rule for Commercial Plan Areas shall be considered a Restricted Discretionary Activity, unless stated otherwise.

Note: Any activity that does not comply with a Permitted Activity Rule for Building Height in a Commercial Plan Area shall be considered a Discretionary Activity.


All activities within a Commercial Plan Area shall comply with the relevant Outline Development Plan contained as an Appendix to this Chapter, Rule 17A.12.5 – Special Permitted Activities in Commercial Plan Areas and, where relevant, Rule 17A.11 – Permitted Activity Rules. In the event of any inconsistency between these, 17A.12.5 – Special Permitted Activities in Commercial Plan Areas shall prevail. Where activities in a Commercial Plan Area are permitted by being additions of less than 1000m2 to an existing building, the Standards and Terms for controlled activities in the Commercial Plan Area shall apply as though they were permitted activity conditions. The following provisions are relevant to development within each Commercial Plan Area.

17A.12.5.1 Poike Road Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17E: Poike Commercial Plan Area Outline Development Plan;
  2. All buildings and site development shall be setback at least 10 metres from the State Highway 29 road boundary
    1. On all such sites frontage landscaping comprising a mix of trees, shrubs and groundcovers shall be provided contiguous to, and to a width of, at least 10 metres measured from the State Highway 29 road boundary. Such frontage landscaping shall be developed to include plant species and earthmounding works to achieve a visual screen while the earthmounding works viewed from the opposite side of State Highway 29 shall specifically achieve a minimum height of RL 4.3 Moturiki Datum;
    2. All buildings and site development shall be set back at least 5 metres from the Poike Road boundary. On all such sites frontage landscaping comprising a mix of trees, shrubs and groundcovers shall be provided contiguous to, and to a width of, at least 2 metres measured from the Poike Road boundary exclusive of vehicle accessways;
    3. A 20-metre-wide view shaft shall remain between State Highway 29 and Poike Road in a generally northern direction. Such a view shaft is to be located within 150 metres of the north east corner of the Commercial Plan Area. Such a view shaft can include hard-stand areas, vehicle parking, loading and manoeuvring areas, roading and associated services and on-site landscaping. Excluding these activities, the maximum height of any structure within the view shaft is to be RL 4.3 above Moturiki Datum;
  3. In this Plan Area, residential activities shall be limited to:
    1. 5,000m2 of site coverage for any buildings used exclusively for residential purposes with such activity to be located wholly within 150 metres of the Plan Area’s eastern boundary;
    2. Not more than 15% of the maximum gross floor area within any building intended principally for commercial purposes, provided that any such residential activity shall be further limited to activities which are incidental to the commercial activities on-site. 

17A.12.5.2 Gravatt Road Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17F: Gravatt Road Commercial Plan Area Outline Development Plan;
  2. No vehicle access shall be permitted from Domain Road, and from Gravatt Road only at the location shown on the Outline Development Plan;
  3. Future development shall address the Domain Road frontage of the Outline Development Plan Area, subject to compliance with Rule 17A.11.3 – Streetscape;
  4. Amenity reserves and associated landscaping shall be provided at a width measured from perimeter Plan Area boundary as shown on the Outline Development Plan.

17A.12.5.3 Parton Road South Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17G: Parton Road South Commercial Plan Area Outline Development Plan;
  2. The landscape strip shall be provided at a width measured from the perimeter Plan Area boundary as shown on the Outline Development Plan.

17A.12.5.4 Parton Road North Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17H: Parton Road North Commercial Plan Area Outline Development Plan;
  2. No vehicle access shall be permitted from Parton Road where alternative access is available by way of Enterprise Drive;
  3. Future development shall address the Parton Road frontage of the Outline Development Plan area in accordance with Rule 17A.11.3 – Streetscape;
  4. The landscape strip shall be provided at a width measured from the perimeter Plan Area boundary as shown on the Outline Development Plan

17A.12.5.5 Jude Place Commercial Plan Area

Within the Commercial Plan Area at 2 Jude Place any individual retail tenancy shall not exceed 300m2 of gross leaseable floor area.

 17A.12.5.6 Courtney Road Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan;
  2. Retailing activities in Area A, including the display of goods for sale, in the Courtney Road Commercial Plan Area shall:
    1. Be directly associated with the primary activity on the site;
    2. Be located within a building on the site;
    3. Not occupy more than 50% of the total gross floor area of the building(s) on the site;
    4. Not be provided for in a stand-alone building;
  3. All buildings shall comply with:
    1. No part of any surface of any exterior wall shall have a reflectance value exceeding 50%;
    2. No part of any surface of any roof shall have a reflectance value exceeding 50%;
    3. No part of any surface of any other exterior structure or building shall have a reflectance value exceeding 50%;
    4. For the purposes of this rule, the term reflectance value shall have the same meaning as used in British Standard 5252:1976 Framework for colour co-ordination for building purposes;
    5. The use of colours under this rule shall not include any of the colours listed in Group E 49-58 in BS5252:1976;
    6. This rule shall not apply to any window frames, guttering, or down pipes;
  4. Fencing along the south and east boundaries of the site shall be close boarded to a minimum height of 1.8 metres above finished ground level;
  5. Landscaping shall generally be of native plants suited to the riparian area, create a dense screen to a minimum height of 5 metres within 5 years of being planted, and be maintained in perpetuity;
  6. No through public vehicle access from Courtney Road to the Gate Pa centre is permitted;
  7. No building or carparking shall occur as a permitted activity within Area C (tree planting and escarpment protection area) in Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan;
  8. Any new building(s) within Area B and/or C identified in Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan shall not exceed an aggregate amount of 3500m2 of gross floor area for business activities in addition to the gross floor area existing within Area B at 1 March 2012. 

17A.12.5.7 Bethlehem, Bayfair, Welcome Bay and Excelsa Commercial Plan Areas

  1. No development within the Bethlehem, Bayfair, Welcome Bay or Excelsa Commercial Plan Areas shall exceed 1000m2 of gross floor area as additions or alterations to an existing building, or be a stand alone building as a permitted activity;
  2. Buildings within 20 metres of the Farm Street boundary of the Bayfair Commercial Plan Area, as identified on Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan shall be a controlled activity, excluding minor cosmetic alterations and repairs which do not change the design and appearance of an existing building, internal additions or alterations, and any buildings not visible from the street;
  3. All site layout, landscape planting, parking, access and building setbacks shall comply with the relevant Outline Development Plan contained as an Appendix to Chapter 17 – Commercial Zones;
  4. Vehicle ingress within the Bethlehem Commercial Plan Area via Access A from the Western Access to Area A shall be as shown on the Appendix 17l: Bethlehem Commercial Plan Area Outline Development Plan.

Note: Any activity that does not comply with Rule 17A.12.5.7 – Bethlehem, Bayfair, Welcome Bay and Excelsa Commercial Plan Areas shall result in the activity being considered a Controlled Activity.


17A.12.5.8 Seventeenth Avenue Commercial Plan Area

  1. All site development, landscape planting, layout and vehicle access shall be designed, laid out and managed in accordance with Appendix 17O: Seventeenth Avenue Commercial Plan Area Outline Development Plan;
  2. No retail or manufacturing activities shall be established on site;
  3. Accessory buildings and activities shall only relate to schools and tertiary education premises; health centres and activities ancillary to health or disability services provided on the Tauranga Public Hospital Scheduled Site or by the District Health Board;
  4. Ancillary retail shall only relate to schools and tertiary education premises; health centres and activities ancillary to health or disability services provided on the Tauranga Public Hospital Scheduled Site or by the District Health Board;
  5. The maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2 – Permitted Activity Rules, shall be 9m;
  6. The gross floor area established or for which construction commences before 26 March 2016:
    1. For business activities, excluding retail and manufacturing activities, shall not exceed 7,000m2 ; and
    2. Shall not exceed 14,000 m2 in total for all activities.
  7. From 26 March 2016 the gross floor area including any gross floor area established or for which construction commenced before 26 March 2016:
    1. For business activities, excluding retail and manufacturing activities, shall not exceed 14,000 m2 ; and
    2. Shall not exceed 28,000 m2 in total for all activities.
  8. The total gross floor area for ancillary retail relating to schools and tertiary education premises; health centres and activities ancillary to health or disability services provided on the Tauranga Public Hospital Scheduled Site or by the District Health Board shall not exceed 1,000m2 at any time;

Note: Any non-compliance with Rule 17A.12.5.8 - Seventeenth Avenue Commercial Plan Area, excluding Rule 17A.12.5.8 a., shall be considered as a Discretionary Activity. 

Note: Any activity within the Seventeenth Avenue Commercial Plan Area is exempt from compliance with Rule 4B.4 b. – Restricted Discretionary Activity Rules and Rule 4B.4.1.1 – Provision of More than 25 Carparks.

Note: Any vehicle generating activity within the Seventeenth Avenue Commercial Areas shall comply with Rule 4B.3.1 - Controlled Activity – Seventeenth Avenue Commercial Areas


17A.12.5.9 State Highway 2/Te Paeroa Road Commercial Plan Area

  1. No office or retail activity shall be established on any site prior to 1 January 2016;
  2. No activity shall be permitted which increases the use of an existing vehicle access from or onto State Highway 2;
  3. Upon the establishment of any new activity or an increase in the scale or intensity of an existing activity any existing vehicle crossing shall be removed and replaced with verge and/or footpath and kerbs unless it is in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan. The cost of such work shall be borne by the owner of the property served by the relevant crossing; 
    Area A
  4. All site development including landscape planting and vehicle accesses shall be designed, laid out and managed in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan;
  5. A landscape strip of at least 3 m in width and comprising of the following shall be planted along the perimeter of any site that has road frontage (excluding the vehicle access point) in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan:
    1. Small/medium height trees (minimum of 3 m in height at maturity) at 10 m intervals; and
    2. Under planting with low to medium height shrubs of no more than 900 mm in height at maturity.
  6. The landscape planting shall be provided at a width measured from the perimeter of the Plan Area boundary as shown on the Outline Development Plan;
  7. Vehicle access for Area A shall be constructed either;
    1. Directly opposite Te Kumeroa Road in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan; or
    2. Entirely within the area 20 m south of Te Kumeroa Road;
  8. Where vehicle access for Area A is in accordance with: 
    1. Rule 17A.12.5.9 g. i. - State Highway 2/Te Paeroa Road Commercial Plan Area, the northern boundary of the site which adjoins the Open Space Zones shall be fenced with visually permeable fencing; 
    2. Rule 17A.12.5.9 g) ii) - State Highway 2/Te Paeroa Road Commercial Plan Area, the northern boundary of the site which adjoins the Open Space Zones shall as a minimum be:
      1. Landscaped in accordance with Rules 17A.12.5.9 e) and f) - State Highway 2/Te Paeroa Road Commercial Plan Area and may include only visually permeable fencing where any building is to be located within 10 m of the boundary with the Open Space Zone; or
      2. Fenced with visually permeable fencing where no buildings are located within 10 m of the boundary with the Open Space Zones,
  9. There shall be no vehicle access between Area A and the adjoining Bethlehem Commercial Plan Area.
    Area B and the Service Station Area 
  10. All site development including landscape planting, service lanes and vehicle accesses shall be designed, laid out and managed in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan, except that the alignment of the Service Lane may be varied from that identified in Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan if the written approval of all landowners within Area B and the Service Station Area and the Tauranga City Council has been obtained and is endorsed on the relevant plans lodged with the Council;
  11. Vehicle Access A identified on Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan shall be limited to entry from State Highway 2 (no exit) and shall be utilised solely for the existing service station activity
  12. There shall be no truck stop fuelling facilities within the service station area;
  13. No new activity shall occur on Lot 1 DPS 51023 or Lot 2 DPS 51023 unless the portion of the Service Lane over Section 12 SO 433020, Lot 1 DPS 51023 and Lot 2 DPS 51023 has been: 
    1. Constructed to the boundaries of Lot 1 DPS 1597 and Lot 3 DPS 1597 in accordance with the requirements for Commercial Service Lanes in the Council's Infrastructure Development Code; and
    2. Vested in the Council;
  14. No new activity shall occur on Lot 1 DPS 1597, Lot 2 DPS 1597 or Lot 3 DPS 1597 unless the Service Lane has been:
    1. Constructed to the boundary of Lot 4 DPS 1597 in accordance with the requirements for Commercial Service Lanes in the Council's Infrastructure Development Code; and 
    2. Vested in the Council
  15. No new activity shall occur on Lot 4 DPS 1597 unless the entire Service Lane has been:
    1. Constructed in accordance with the requirements for Commercial Service Lanes in the Council's Infrastructure Development Code; and
    2. Vested in the Council;
  16. All land zoned Commercial shall comply with Rule 17A.11.2 – Pedestrian Environment Streets except for the land occupied by Vehicle Access A; 
  17. A landscape strip of at least 3 m in width and comprising of the following shall be planted along the perimeter of the service station area that has road frontage (excluding vehicle access points) in accordance with Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan:
    1. Small/medium height trees (minimum of 3 m in height at maturity) at 10 m intervals; and
    2. Under planting with low to medium height shrubs of no more than 900 mm in height at maturity;
  18. Where a site adjoins the Residential Zones, the relevant boundary shall be provided with:
    1. A 2 m wide landscape strip comprising medium to tall trees (minimum of 3 m in height at maturity) planted at 10 m intervals and under planting with low to medium height shrubs of no more than 900 mm in height at maturity with a 1.8 m high fence which is not visually permeable; or
    2. A 2 m wide landscape strip comprising a hedgerow (minimum of 1.8 m tall in height at maturity) and medium to tall trees (minimum of 3 m in height at maturity) planted at 10 m intervals with a with a 1.2 m high fence (which can either be a closed boarded wooden fence or visually permeable).
  19. The landscape planting shall be provided at a width measured from the perimeter of the Plan Area boundary as shown on the Outline Development Plan.

Note: Any activity that adjoins a non-business zone is also required to comply with the setback and overshadowing requirements of Rule 17A.11.4 a) and d) - Boundaries of Commercial and Sensitive Zones

Note: Any activity that does not provide the Service Lane as identified in Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan in accordance with Rules 17A.12.5.9 m), n) or o) – State Highway 2/Te Paeroa Road Commercial Plan Area shall be considered as a Discretionary Activity.

Note: Any new vehicle access onto State Highway 2 is subject to Rule 4B.6 – Non-Complying Activities


17A.12.5.10 Bureta Road Commercial Plan Area

  1. All site development including landscape planting and vehicle access shall be designed, laid out and managed in accordance with Appendix 17Q: Bureta Road Commercial Plan Area Outline Development Plan;
  2. The maximum building height of any building, with the exception of the permitted intrusions in Rule 4H.2 – Permitted Activity Rules, shall be 11m; 
  3. The total gross floor area for any individual tenancy within the Bureta Road Commercial Plan Area shall not exceed 300m2 gross floor area
  4. The total aggregate gross floor area for all retail activities within the Bureta Road Commercial Plan Area shall not exceed 1100m2 gross floor area
  5. No building shall be permitted within Area A as outlined in Appendix 17Q: Bureta Road Commercial Plan Area Outline Development Plan, which shall be utilised only for carparking and landscape planting purposes; 
  6. All boundaries of the Bureta Road Commercial Plan Area, except those facing Bureta Road or Vale Street, or adjoining any commercial zone, shall be provided with:
    1. A 1.8m high closed boarded wooden fence of permanent materials;
    2. A 2m wide landscape strip comprising medium to tall trees (minimum 3m height at maturity) planted at 1.2m intervals; 
  7. A 2m wide landscape strip comprising medium to tall trees (minimum 3m height at maturity) planted at 5m intervals shall be provided and maintained along the Bureta Road frontage to Area A, excluding the vehicle access point, as outlined in Appendix 17Q: Bureta Road Commercial Plan Area Outline Development Plan;
  8. A 6m wide landscape strip comprising medium to tall trees (minimum 6m height at maturity) planted at 10m intervals, and grassed or ground covered areas, shall be provided and maintained along the Vale St frontage to Area A;
  9. There shall be no more that two vehicle accesses between Bureta Road and the Bureta Road Commercial Plan Area, as indicatively identified in Appendix 17Q: Bureta Road Commercial Plan Area Outline Development Plan, which may comprise of:
    1. A two way 7m wide private service lane to provide direct servicing for all business activities; and
    2. A two way vehicle access for customers shopping at the Bureta Road Commercial Plan Area;
  10. There shall be no vehicle ingress or egress between the Bureta Road Commercial Plan Area and Vale Street;
  11. All service deliveries by heavy service vehicles (including a truck or other vehicle having a gross tare weight of 3 tonnes or more) shall be carried out between the hours of 7:00am and 10:00pm.

Note: Any activity which establishes a vehicle ingress or egress between Vale Street and the Bureta Road Commercial Plan Area shall be considered as a Discretionary Activity.


17A.12.5.11 Coast Commercial Plan Area

  1. All development and landscaping within the Coast Commercial Plan Area shall be designed, laid out and managed generally in accordance with Appendix 17R: Coast Commercial Plan Area Outline Development Plan
  2. There shall be no direct vehicle access between Maranui Street/Papamoa Beach Road and the Coast Commercial Plan Area;
  3. All buildings and activities excluding vehicle parking, manoeuvring and service deliveries, landscaping and underground services shall be setback at least 5m from residential zone boundaries and Maranui Street/Papamoa Beach Road. This rule shall exclude basement areas located entirely below ground level;
  4. All services deliveries shall be carried out between the hours of 7:00am and 10pm;
  5. The maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2 Permitted Activity Rules, shall be:
    1. 9m for any part of any building within the 9m height area of the Commercial Plan Area, as shown on Appendix 17R: Coast Commercial Plan Area Outline Development Plan;
    2. 12m for any part of any building within the 12m height area of the Commercial Plan Area, as shown on Appendix 17R: Coast Commercial Plan Area Outline Development Plan;
  6. All buildings at the boundary of the Commercial Plan Area with a residential zone shall comply with Rule 14B.3.6 - Overshadowing in relation to that zone boundary;
  7. The total combined gross floor area across the Coast Commercial Plan Area, for business activities, shall not exceed 1,900m2;
  8. Residential activities or visitor accommodation shall not be located at ground floor level when contained within the same building as a business activity;
  9. The maximum density of residential activities located above ground floor level within the same building as a business activity, shall be 1 independent dwelling unit /50m2 of gross floor area above ground floor level;
  10. The maximum density of visitor accommodation located above ground floor level within the same building as a business activity, shall be 1 visitor accommodation unit /50m2 of gross floor area above ground floor level;
  11. Residential activities are permitted to locate at ground level provided those residential activities comply with the provisions of Rule 14B.6.16 – Restricted Discretionary Activity - Standards and Terms - Comprehensively Designed Development in the Inland Neighborhood and the Beachside Neighborhood of the Papamoa Medium Rise Plan Area and associated assessment criteria.

Note: Any activity within the Coast Commercial Plan Area that increases the use or demand on Council’s water, wastewater or stormwater infrastructure or services shall be considered a Restricted Discretionary Activity.


 

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