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Tauranga City Plan

17A.14 Restricted Discretionary Activity Rules

Updated 16 November 2020

The following are Restricted Discretionary Activities:

  1. Any Permitted Activity that does not comply with:
    1. Rule 17A.11.2 - Pedestrian Environment Streets;
    2. Rule 17A.11.3 - Streetscape;
    3. Rule 17A.11.4 - Boundaries of Commercial Zones and Sensitive Zones;
    4. Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone;
    5. Rule 17A.12.1.2 - Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone excluding non-compliance with Rule 17A.12.1.1 – Sunlight Admission to Public Places which shall be a Discretionary Activity;
    6. Rule 17A.12.3 - Tauriko Commercial Zone Special Permitted Activity Rules;
  2. Any activity identified as a Restricted Discretionary Activity in Table 17A.1: Commercial Zones Activity Status;
  3. Non-compliance with any permitted activity condition or controlled activity standard and term for Commercial Plan Areas, excluding:
    1. Building height;
    2. The Seventeenth Avenue Commercial Plan Area;
    3. Any activity that does not provide the Service Lane identified in Appendix 17O: 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;
    4. Any activity within the Bureta Road Commercial Plan Area which contravenes Rule 17A.12.5.10 j) - Bureta Road Commercial Plan Area by establishing a vehicle ingress or egress between the Bureta Road Commercial Plan Area and Vale Street. 
  4. Vehicle egress from Area A to the ‘Western Access’ as identified in Appendix 17I: Bethlehem Commercial Plan Area Outline Development Plan Area;
  5. Any activity identified as a Restricted Discretionary Activity in Table 17A.1 Commercial Zones Activity Status within the Wairakei Town Centre Zone and Neighbourhood Centre Zone;
  6. Any building or activity within the Te Reti Commercial Plan Area;
  7. Any Permitted or Controlled Activity within the Seventeenth Avenue Commercial Plan Area that does not comply with Rule 17A.12.5.8 a) - Seventeenth Avenue Commercial Plan Area;
  8. Any residential activity, excluding retirement villages and residential health care facilities that provide 24-hour on-site medical support to residents, that does not comply with Rule 17A.13.1.11 a) - Standards and Terms for Residential Activities in the Seventeenth Avenue Commercial Plan Area.
  9. Any activity within the Coast Commercial Plan Area which increases the use or demand of Council’s water, wastewater and stormwater infrastructure or services.

Proposed Amendment

17A.14 Restricted Discretionary Activity Rules

The following are Restricted Discretionary Activities:

  1. Any Permitted Activity that does not comply with:
    1. Rule 17A.11.2 - Pedestrian Environment Streets;
    2. Rule 17A.11.3 - Streetscape;
    3. Rule 17A.11.4 - Boundaries of Commercial Zones and Sensitive Zones;
    4. Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone;
    5. Rule 17A.12.1.2 - Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone excluding non-compliance with Rule 17A.12.1.1 – Sunlight Admission to Public Places which shall be a Discretionary Activity;
    6. Rule 17A.12.3 - Tauriko Commercial Zone Special Permitted Activity Rules;
  2. Any activity identified as a Restricted Discretionary Activity in Table 17A.1: Commercial Zones Activity Status;
  3. Non-compliance with any permitted activity condition or controlled activity standard and term for Commercial Plan Areas, excluding:
    1. Building height;
    2. The Seventeenth Avenue Commercial Plan Area;
    3. Any activity that does not provide the Service Lane identified in Appendix 17O: 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;
    4. Any activity within the Bureta Road Commercial Plan Area which contravenes Rule 17A.12.5.10 j) - Bureta Road Commercial Plan Area by establishing a vehicle ingress or egress between the Bureta Road Commercial Plan Area and Vale Street. 
  4. Vehicle egress from Area A to the ‘Western Access’ as identified in Appendix 17I: Bethlehem Commercial Plan Area Outline Development Plan Area;
  5. Any activity identified as a Restricted Discretionary Activity in Table 17A.1 Commercial Zones Activity Status within the Wairakei Town Centre Zone and Neighbourhood Centre Zone;
  6. Any building or activity within the Te Reti Commercial Plan Area;
  7. Any Permitted or Controlled Activity within the Seventeenth Avenue Commercial Plan Area that does not comply with Rule 17A.12.5.8 a) - Seventeenth Avenue Commercial Plan Area;
  8. Any residential activity, excluding retirement villages and residential health care facilities that provide 24-hour on-site medical support to residents, that does not comply with Rule 17A.13.1.11 a) - Standards and Terms for Residential Activities in the Seventeenth Avenue Commercial Plan Area.
  9. Any activity within the Coast Commercial Plan Area which increases the use or demand of Council’s water, wastewater and stormwater infrastructure or services.
  10. "Any residential activity in the Commercial Zone that does not comply with a maximum of two of the following Restricted Discretionary standards:
    1. Rule 17A.11.1 Building Height in the Commercial Zone, Tauriko Commercial Zone and Excelsa Commercial Plan Area;
    2. Rule 17A.11.2 - Pedestrian Environment Streets;
    3. Rule 17A.11.3 – Streetscape;
    4. Rule 17A.11.4 - Boundaries of Commercial Zone and Sensitive Zone;
    5. Rule 17A.14.18.4 Outdoor Living Area – Residential activities in Commercial Zone;
    6. Rule 17A.14.18.5 Size of Independent Dwelling Units – Residential activities in Commercial Zone;
    7. Rule 17A.14.18.6 Visual Outlook and Admission of Natural Light – Residential activities in Commercial Zone."

Plan Change 26 - no legal effect

17A.14.1 Non-Notification for Activities in the City Centre Zone and City Centre Waterfront Sub-Zone

Any application for a resource consent made under Rule 17A.14 – Restricted Discretionary Activity Rules shall not be notified or served on affected persons. 

17A.14.2 Restricted Discretionary Activities - Standards and Terms – Buildings in the City Centre Zone and City Centre Waterfront Sub-Zone


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


17A.14.2.1 Building Height and Sunlight Admission to Public Places

All buildings in the City Centre Zone and City Centre Waterfront Sub-Zone shall comply with Rule 17A.11.1 - Building Height and Rule 17A.12.1.11 - Sunlight Admission to Public Places.

17A.14.3 Non-Notification for Activities in the Tauriko Commercial Zone

Any application for a resource consent made under 17A.14 a) vi) – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons. 

17A.14.4 Restricted Discretionary Activities - Standards and Terms in the Tauriko Commercial Zone


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


17A.14.4.1 Streetscape

A qualified landscape architect (or other suitably qualified design professional approved by the Council) shall prepare a visual assessment in respect of any application under Rule 17A.14 a) vi) – Restricted Discretionary Activity Rules in relation to non-compliance with Rule 17A.11.3 - Streetscape.

17A.14.4.2 External Appearance of Sites, Buildings and Other Structures

A qualified architect or landscape architect (or other suitably qualified design professional approved by the Council) shall prepare a visual assessment in respect of any application under Rule 17A.14 a) vii) – Restricted Discretionary Activity Rules in relation to the external appearance of buildings and structures with particular regard to the appearance as viewed from rural or residential properties.

17A.14.5 Restricted Discretionary Activities - Standards and Terms in the State Highway 2/Te Paeroa Road Commercial Plan Area


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


17A.14.5.1 Establishment of Office or Retail Activity prior to 1 January 2016

  1. For the establishment of any office or business activity within the State Highway 2/Te Paeroa Road Commercial Plan Area prior to 1 January 2016 an economic assessment of the effects of the proposed activity on the efficient distribution of commercial development shall be undertaken by a suitably qualified person;
  2. The assessment shall have particular regard to Objective 17A.5.2 – Efficient Distribution of Commercial Development, Policy 17A.5.2.1 – New Commercial Zones or Commercial Development Outside of Commercial Zones and Policy 17A.8.1.2 l) – Commercial Plan Areas/ Wairakei Town Centre and Wairakei Neighbourhood Centre Zones and address the potential distributional effects on the local Commercial Zone and town centre. 

17A.14.5.2 Additional Use of Existing Vehicle Accesses onto State Highway 2 - State Highway 2/Te Paeroa Road Commercial Plan Area

  1. For any activity which does not comply with Rule 17A.12.5.9 b) and k) - State Highway 2/Te Paeroa Road Commercial Plan Area, a qualified transportation engineer shall prepare an assessment of the effects of the proposed activity on the safe and efficient function and operation of the transport network (including the strategic road network).
  2. The assessment shall have particular regard to the safe and efficient function and operation of the transport network (including the strategic road network) and address the matters outlined in Objective 4B.1.2 – Maintaining a Sustainable Transport Network and Policies 4B.1.2.1 - Use of Land to 4B.1.2.5 - Access Location and Points of Service.

17A.14.5.3 Access Between Area A and Bethlehem Commercial Plan Area - State Highway 2/TePaeroa Road Commercial Plan Area

  1. For any activity which does not comply with Rule 17A.12.5.9 i) - State Highway 2/Te Paeroa Road Commercial Plan Area; a qualified transportation engineer shall prepare an assessment of the effects of the proposed activity on the safe and efficient function and operation of the transport network (including the strategic road network);
  2. The assessment shall have particular regard to the safe and efficient function and operation of the transport network (including the strategic road network) and address the matters outlined in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy - Use of Land through 4B.1.2.5 Policy - Access Location and Points of Service.

17A.14.5.4 Amendment to Alignment of Required Service Lane

  1. For any proposed variation to the alignment of the Service Lane from that identified in Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan where the written approval of all landowners within Area B and the service station area and the Tauranga City Council has not been obtained and is not endorsed on the relevant plans lodged with the Council suitably qualified professionals shall prepare an assessment of the effects of the proposed re-alignment. 
  2. The assessment shall have particular regard to:
    1. Ensuring that the service lane is visibly recognisable as a service lane providing rear servicing to all existing and future activities within Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan;
    2. Crime Prevention to Environmental Design Principles (as outlined in the National Guidelines for Crime Prevention through Environmental Design – Ministry of Justice), specifically being the creation of sightlines to promote passive surveillance of the service lane, ensuring access and the movement of people and vehicles is safe and the provision of lighting to minimise safety and security issues created by the proposed re-alignment;
    3. Ensuring any proposed alignment will provide physical and legal vehicle and pedestrian access to adjoining sites within Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan;
    4. The extent to which the Service Lane alignment will facilitate effective and efficient access for activities on adjoining properties within Area B and the Service Station Area;
    5. Designing and constructing the Service Lane in accordance with the requirements for Commercial Service Lanes in the Council's Infrastructure Development Code. 

17A.14.6 Restricted Discretionary Activities - Standards and Terms in the Bureta Road Commercial Plan Area

17A.14.6.1 Vale Street Landscape Requirements – Bureta Road Commercial Plan Area 


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


  1. For any activity which does not comply with Rule 17A.12.5.10 h) – Bureta Road Commercial Plan Area; a qualified landscape architect shall prepare an assessment of the effects of the proposed activity on the local environment;
  2. The assessment shall:
    1. have particular regard to the effects on the local environment of any reduction of landscape strip width or reduction in the proposed landscape planting and the effects of such non-compliance on the residential environment taking into account any other landscape mitigation/treatments; and
    2. address the matters outlined in Objective 17A.8.1 – Commercial Plan Areas/ Wairakei Town Centre and Wairakei Neighbourhood Centre Zones and Policy 17A.8.1.2 m) v) and vi) - Commercial Plan Areas/ Wairakei Town Centre and Wairakei Neighbourhood Centre Zones

17A.14.7 Restricted Discretionary Activities – Matters of Discretion and Conditions

17A.14.7.1 Pedestrian Environment Streets

In considering activities that do not comply with Rule 17A.11.2 – Pedestrian Environment Streets, the Council restricts the exercise of its discretion to the matters outlined in the objectives and policies for site layout and building design in the relevant zone, and: 

  1. For any activity that does not comply with Rule 17A.11.2 a) – Pedestrian Environment Streets, in relation to the provision of covered footpaths:
    1. Whether suitable alternative provision for pedestrian cover can be made in that location;
    2. Whether existing verandas on adjoining sites are such that continuity cannot be achieved;
  2. For any activity that does not comply with Rule 17A.11.2 b) - Pedestrian Environment Streets, in relation to the provision of an active frontage:
    1. Whether the lack of a display window and building access will result in a break in the continuity of active frontage that causes a loss of street amenity and character;
    2. Existing building frontages on adjoining sites that make the continuity of building frontage unreasonable.
  3. For any activity that does not comply with Rule 17A.11.2 c), d) and f) - Pedestrian Environment Streets, in relation to additional vehicle access:
    1. Whether access across the public footpath to and from the site is likely to adversely affect the safety and convenience of pedestrians using the footpath. 
  4. For any activity that does not comply with Rule 17A.11.2 e) - Pedestrian Environment Streets, in relation to the location of non-business activities on pedestrian environment streets:
    1. Whether direct pedestrian access from the building to the public footpath is needed given the building design or activity proposed for the site;
    2. The effect of locating a residential activity or carparking at ground-floor level closer to the street than permitted by Rule 17A.11.2 e) - Pedestrian Environment Streets, on the continuity and amenity of the pedestrian environment on the adjoining street and in the vicinity of the site;
    3. Whether vehicle access across the public footpath to and from the site and associated traffic movement would adversely affect the safety and convenience of pedestrians.

17A.14.7.2 Streetscape in the Commercial Zones and City Centre Zone

In considering activities that do not comply with Rule 17A.11.3 - Streetscape, the Council restricts the exercise of its discretion to the matters outlined in the objectives and policies for site layout and building design in the relevant zone, and: 

  1. The effect of the activity on the amenity values of the land directly across the legal road fronting the site, and the landscape character of the area;
  2. The provision of a consistent streetscape with land adjacent to the site, if that land is also subject to Rule 17A.11.3 - Streetscape.

17A.14.7.3 Boundaries of Commercial Zone and Sensitive Zones

In considering activities that do not comply with Rule 17A.11.4 - Boundaries of a Commercial Zone and Sensitive Zone, the Council restricts the exercise of its discretion to the matters outlined in the objectives and policies for site layout and building design in the relevant zone, and:

  1. The effect of the activity within the sensitive zone through bulk, location, overshadowing, noise and glare;
  2. Appropriate demarcation of the boundary between the Commercial and sensitive zone.  

17A.14.7.4 Non-Compliance with Commercial Plan Area Rules

  1. In considering activities that do not comply with specific rules for Commercial Plan Areas excluding:
    1. Building height limits;
    2. Activities within the Seventeenth Avenue Commercial Plan Area;
    3. Rule 17A.12.5.9 b), i) and j) - State Highway 2/Te Paeroa Road Commercial Plan Area (where written approvals have not been gained);
    4. Any activity within the Bureta Road Commercial Plan Area which contravenes Rule 17A.12.5.10 h) or j) - Bureta Road Commercial Plan Area
      the Council restricts the exercise of its discretion to:
    5. Consistency with the specific objectives and policies for the Commercial Plan Area;
    6. The intent of the standard for the Plan Area being breached;
    7. The effects of the non-compliance on the local environment;
    8. For the State Highway 2/Te Paeroa Road Commercial Plan Area, any recommendations resulting from an assessment of effects undertaken by a qualified expert under Rule 17A.14.5.1 - Establishment of Office or Retail Activity prior to 1 January 2016
  2. For any egress from Area A to the Western Access identified in Appendix 17I: Bethlehem Commercial Zone Outline Development Plan Area the Council restricts its discretion to the effects of traffic exiting the Bethlehem Commercial zone via the Western Access/Te Paeroa Road on the transport network in the locality of the site:
    1. The New Zealand Transport Agency shall be considered an affected party and notified accordingly;
    2. A qualified transportation engineer shall prepare a Traffic Impact Assessment detailing the effects of egress on the transport network.
  3. For building or carpark development on land within the Courtney Road Commercial Plan Area shown in Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan;
    1. That would intrude into Area C (tree planting and escarpment protection area) identified in Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan; the Council restricts the exercise of its discretion to the ability to mitigate the visual effects of the development when viewed from the Suburban Residential Zone (this may include but is not limited to tree planting and recontouring);
    2. That seeks additional business activity floorspace greater than that permitted by Rule 17A.12.5.6 b) (iii) or h) - Courtney Road Commercial Plan Area, within the Areas A, B or C identified in Appendix 17J: Courtney Road Commercial Plan Area Outline Development Plan, the Council restricts the exercise of its discretion to any adverse retail distribution effects on centres in the existing retail network of the City
  4. In considering Restricted Discretionary Activities that do not comply with one or more rules for the Seventeenth Avenue Commercial Plan Area, the Council restricts the exercise of its discretion to:
    1. Consistency with the specific objectives and policies for the Commercial Plan Area;
    2. The intent of the standard for the Plan Area being breached;
    3. The effects of the non-compliance on the local environment;
    4. Potential reverse sensitivity effects on the operation of Tauranga Public Hospital and related emergency services, including rescue helicopter services;
    5. The effect of the activity on the Kopurererua Valley Reserve with regard to bulk, location, overshadowing, noise and glare and on appropriate demarcation of the boundary between the Commercial Plan Area and the adjoining reserve;
    6. The effect of the activity on appropriate demarcation of the boundary between the Commercial Plan Area and the Suburban Residential zoning of Laurence Street North;
    7. The matters of Discretion and Conditions in Rule 4E.3.1 – Restricted Discretionary Activities – Matters of Discretion and Conditions.
  5. For any activity which does not comply with Rule 17A.12.5.9 b) and k) - State Highway 2/Te Paeroa Road Commercial Plan Area in relation to access to or from State Highway 2, the Council restricts its discretion to:
    1. The safe and efficient function and operation of the transport network (including the strategic road network);
    2. The matters of discretion under Rule 4B.4.2 - Restricted Discretionary Activity – Matters of Discretion and Conditions;
    3. The effects on the transport network and the measures to avoid, remedy or mitigate these, and any recommendations resulting from an assessment of effects prepared by a qualified transportation engineer
    4. The matters addressed in 4B.1.2 Objective - Maintaining a Sustainable Transport Network, and in 4B.1.2.1 Policy - Use of Land through 4B.1.2.5 Policy - Access Location and Points of Service
  6. For any activity which does not comply with Rule 17A.12.5.9 i) - State Highway 2/Te Paeroa Road Commercial Plan Area in relation to vehicle access between Area A and the Bethlehem Commercial Plan Area, the Council restricts its discretion to:
    1. The safe and efficient function and operation of the transport network (including the strategic road network);
    2. The matters of discretion under Rule 4B.4.2 - Restricted Discretionary Activity – Matters of Discretion and Conditions;
    3. The use (in terms of traffic volumes entering and exiting the sites) and location of the proposed accessway on Te Paeroa Road;
    4. The effects on the transport network and the measures to avoid, remedy or mitigate these, and any recommendations resulting from an assessment of effects prepared by a qualified transportation engineer;
    5. The matters addressed in 4B.1.2 Objective - Maintaining a Sustainable Transport Network, and in 4B.1.2.1 Policy - Use of Land through 4B.1.2.5 Policy - Access Location and Points of Service.
  7. For any proposed variation to the alignment of the Service Lane from that identified in Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan where the written approval of all landowners within Area B, the service station area and the Council has not been obtained and is not endorsed on the relevant plans lodged with the Council, the Council restricts its discretion to:
    1. Ensuring that the service lane is visibly recognisable as a service lane providing rear servicing to all activities within the Commercial Plan Area;
    2. Crime Prevention through Environmental Design Principles to ensure no safety and security issues are created by the proposed re-alignment;
    3. The requirement to ensure any proposed alignment will provide physical and legal vehicle and pedestrian access to adjoining sites within Appendix 17P: State Highway 2/Te Paeroa Road Commercial Plan Area Outline Development Plan;
    4. The extent to which the Service Lane alignment will facilitate effective and efficient access for activities on adjoining properties within Area B and the service station area;
    5. The requirement to design and construct the Service Lane in accordance with the requirements for Commercial Service Lanes in the Council's Infrastructure Development Code. 
  8. In considering any activity which does not comply with Rule 17A.12.5.10 h) - Bureta Road Commercial Plan Area, the Council restricts the exercise of its discretion to:
    1. Consistency with the specific objectives and policies for the Commercial Plan Area;
    2. The intent of the standard for the Plan Area being breached;
    3. The effects of the non-compliance on the local environment;
    4. The extent to which the adverse visual effects of the proposed development of the Commercial Plan Area are mitigated when viewed from the surrounding residential environment. This may include, but shall not be limited to, consideration of landscape mitigation/treatments (including matters such as vegetation types, size (height and PB), and provision for maintenance and replacement) proposed within the Commercial Plan Area itself or within the adjoining road reserve where prior Council approval has been obtained;
    5. Any recommendations resulting from an assessment of effects undertaken by a qualified landscape architect under Rule 17A.14.6.1 - Vale Street Landscape Requirements – Bureta Road Commercial Plan Area.

17A.14.7.5 Buildings, Activities and Structures in the City Centre Waterfront Sub-Zone

In considering activities that are Restricted Discretionary Activities within the Waterfront Sub-Zones the Council restricts the exercise of its discretion to:

  1. The extent to which the activity is consistent with, and will support the objectives and policies for, the City Centre Zone, particularly Objective 17A.6.4 – City Centre Waterfront and associated policies;
    1. The extent to which the activity effects the role of the Street View Corridors as a visual connection of the Tauranga Harbor to the City Centre;
    2. Whether any adverse effects or cumulative effects will occur from the activity and whether they can be avoided or mitigated;
    3. Whether the scale, bulk and design of the activity is such that it can be adequately accommodated within the waterfront area and is compatible with adjoining development and the amenity values of the waterfront;
    4. The matters outlined in Rule 17A.12.1.2 – Buildings and Structures in the City Centre Waterfront Sub-Zones in relation to flood hazard design and construction of buildings and structures

17A.14.7.6 Residential Activities in the Commercial Zone and City Centre Zone

In considering any residential activities do not comply with Rule 17A.11.6 – Residential Activities in the Commercial Zone and City Centre Zone the Council restricts the exercise of its discretion to:

  1. Consistency of the density of development with Rule 17A.11.5 – Residential and Visitor Accommodation Density;
  2. Provision of an appropriate level of amenity for future residents;
  3. Maintenance of the primary function of the Commercial Zone to facilitate commercial activities, including issues of street frontage and reverse sensitivity. 

17A.14.8 Restricted Discretionary Activities – Matters of Discretion and Conditions in the Tauriko Commercial Zone

17A.14.8.1 Streetscape

The Council restricts the exercise of its discretion to: 

  1. The extent to which the activity will be consistent with the relevant objectives and policies for the Tauriko Commercial Zone;
    1. Architectural detailing that avoids blank, featureless walls;
    2. The screening of outdoor storage areas from passerbys;
    3. Building entry location and visibility;
    4. Carparking layout and design;
    5. Landscape planting that will soften structures and promote distinctiveness and a sense of place.

17A.14.8.2 External Appearance of Buildings and Other Structures

The Council restricts the exercise of its discretion to the extent to which the site and/or building and/or other structure will be visible in whole or in part from rural and residential properties in the surrounding environment.

17A.14.9 Non-Notification of Development in Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone

  1. Any application for a resource consent made under Rule 17A.14 e) - Restricted Discretionary Activity Rules in the Wairakei Town Centre Zones or Wairakei Neighbourhood Centre Zone, excluding activities undertaken on land zoned Town Centre lying east of the line drawn on the (Plan Maps, Part B) shall not be notified, or served on affected persons; 
  2. Any application for a resource consent made under Rule 17A.14 e) - Restricted Discretionary Activity Rules in the Wairakei Town Centre Zones on land lying east of the line on the (Plan Maps, Part B) shall not be notified or served on affected persons with the exception of the directly adjoining landowners within the Te Tumu Future Urban Zone area east of the Wairakei – Te Tumu boundary, who shall be considered an affected party. 

17A.14.10 Restricted Discretionary Activities - Standards and Terms in the Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone

17A.14.10.1 Comprehensive Development Consent

  1. No land within this zone of the Wairakei Urban Growth Area shall be developed for any permanent land use activity or associated buildings until a comprehensive development consent (Wairakei Urban Growth Area) application has been submitted and granted by Council under this Rule for that part of the Wairakei Urban Growth Area in which the land is situated.
    The comprehensive development consent (Wairakei Urban Growth Area) application for all initial development of land within the zone shall meet the standards and terms of Rule 17A.14.10 - Restricted Discretionary Activities - Standards and Terms in the Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone
  2. An outline development plan and written environmental assessment including a design report written by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design shall be submitted as part of the comprehensive development consent (Wairakei Urban Growth Area) application to address how the standards and terms of Rule 17A.14.10 - Restricted Discretionary Activities - Standards and Terms in the Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone can be met;
  3. For land lying directly east of Wairakei Main Street and subject to Rule 17A.14.10.1 a) and b) - Comprehensive Development Consent the Outline Development Plan and written environmental assessment including a design report shall also address land use and transportation integration between the future Te Tumu Urban Growth Area and Wairakei Urban Growth Area; 
  4. A concept design report shall be provided to establish the serviceability of each land parcel or site in meeting the needs of the stormwater management rules relating to Wairakei. The concept design report shall cover:
    1. The relevant stormwater consent applying to the proposed development;
    2. The location, area, volume and form of storage ponds and other areas of land to be used for storage;
    3. The total catchment served by the ponds and the expected runoff compared to the land uses and runoff expected from the development area (that is the land covered by the application);
    4. Overland flow paths for a 100 year event;
    5. Assessment of and a statement of professional opinion from a suitability qualified engineer as to compliance with the relevant stormwater consent for Wairakei and the relevant conditions attached to that consent.

17A.14.10.2 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, shall be: 
    Zone Max Building Height
    Wairakei Town Centre (Fringe) 17.5m 
    Wairakei Town Centre (Core) 24m 
    Wairakei Neighbourhood Centre  17.5m

17A.14.10.3 Building Platforms

All new buildings shall be provided with minimum building platform levels (Relative to Moturiki Datum) in accordance with the following:

  1. 4.8m RL for non-habitable residential buildings;
  2. 4.9m RL for commercial and industrial buildings;
  3. 5.1m RL for habitable buildings.

17A.14.10.4 Pedestrian Environment Streets

All Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone development sites adjoining a road classified as a Collector Road and located within the zone boundaries shall be deemed to be classified as a pedestrian environment street by this rule. All development shall be designed to meet Rule 17A.11.2 - Pedestrian Environment Streets, where circumstances within that rule are applicable to the site development within these zones. 

17A.14.10.5 Streetscape

All Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone development sites shall be designed to meet Rule 17A.11.3 - Streetscape where circumstances within that rule are applicable to the site development within these zones.

17A.14.10.6 Boundaries of Commercial Sites, Sensitive Sites and Urban Growth Areas

  1.  All Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone development shall be designed to meet Rule 17A.11.4 - Boundaries of Commercial Zones and Sensitive Zones where circumstances within that Rule are applicable to the development sites within these zones;
  2.  Notwithstanding 17A.14.10.6 a) – Boundaries of Commercial Sites, Sensitive Sites and Urban Growth Areas for the purposes of this rule, a sensitive zone shall also include the Wairakei Urban Growth Area boundary adjoining the Te Tumu Future Urban Zone. 

17A.14.10.7 Residential and Visitor Accommodation Density

  1. All Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone development sites shall be designed to meet Rule 17A.11.5 - Residential and Visitor Accommodation Density where circumstances within that Rule are applicable to the site development within these zones;
  2. Provided that, development of independent dwelling units within the Wairakei Neighbourhood Centre Zone shall be at a minimum average nett yield of 23 independent dwelling units per hectare for any part of the Neighbourhood Centre Zone where residential development is undertaken. 

17A.14.10.8 Compliance of Land Use with Urban Growth Plan and Staging Plan

  1. Any land use on land zoned Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone shall be designed, as far as is practicable, to meet the requirements of:
    1. Diagram , Section 6, (Plan Maps, Part B) (Wairakei Urban Growth Plan);
    2. Diagram 11, Section 5, (Plan Maps, Part B) (Wairakei Staging Plan);
  2. The design requirement outlined in Rule – 17A.14.10.8 a) - Compliance of Land Use with Urban Growth Plan and Staging Plan shall be covered in the environmental assessment under Rule 17A.14.10.1 – Comprehensive Development Consent

17A.14.10.9 Services Infrastructure

  1. Land use on land zoned Wairakei Town Centre Zone or Wairakei Neighbourhood Centre Zone shall meet the following standards that shall be applied to the proposed development:
    1.  Rule 12B.3.1.13 – Specific Urban Growth Area  Requirements - Stormwater Management within the Wairakei Urban Growth Area;
    2.  Rule 14F.5.3.5 - Road Standards;
    3.  Rule 14F.5.3.6 – Reserves
  2. ​​Notwithstanding Rule 17A.14.10.9 a) ii) – Services Infrastructure:
    1. all sites with frontage to Te Okuroa Drive shall have minimum spacing between adjacent accesses (centreline to centreline) along Te Okuroa Drive, of at least 40 metres;
    2. no sites with frontage to a secondary arterial road within the Wairakei Town Centre Zone shall have direct vehicle access to or from that road. 

Note: Any activity that does not comply with Restricted Discretionary Rule 17A.14.10.2 – Building Height through Rule 17A.14.10.9 – Services Infrastructure (other than Rule 17A.14.10.9 a) i) – Services Infrastructure and Rule 17A.14.10.9 b) – Services Infrastructure) shall still be considered a Restricted Discretionary Activity.

Note: Any activity that does not comply with Rule 17A.14.10.1 – Comprehensive Development Consent, 17A.14.10.9 a) i) - Services Infrastructure and Rule 17A.14.10.9 b) – Services Infrastructure shall be considered a Non-Complying Activity

Note: The use of ground soakage for the disposal of stormwater from non-residential buildings is encouraged.


17A.14.11 Restricted Discretionary Activities - Matters of Discretion and Conditions in the Wairakei Town Centre Zones and Wairakei Neighbourhood Centre Zone 

In considering any development in the Wairakei Town Centre Zones and Wairakei Neighbourhood Zone as a Restricted Discretionary Activity the Council restricts the exercise of its discretion to:

  1. General Matters:
    1. An assessment of a comprehensive development consent (Wairakei Urban Growth Area) outline plan and design report to be submitted with the application which demonstrates how the proposal meets the standards and terms under Rule 17A.14.10 - Restricted Discretionary Activities - Standards and Terms in the Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone;
    2. Imposition of conditions related to compliance with an approved comprehensive development consent (Wairakei Urban Growth Area) plan, and compliance with relevant standards and terms under Rule 17A.14.10 - Restricted Discretionary Activities - Standards and Terms in the Wairakei Town Centre Zone and Wairakei Neighbourhood Centre Zone;
  2. Objectives and Policies:
    1. Whether the proposal meets the Objectives and Policies within Objective 17A.7 – Objectives and Policies for the Commercial, Wairakei Town Centre and Wairakei Neighbourhood Centre Zones and 17A.8.1.1 h) Policy – Commercial Plan Areas for Wairakei Town Centre Zones and Neighbourhood Centre Zone
  3. Character and Amenity:
    1. The extent to which the proposed development will contribute to establishing and maintaining a vibrant and attractive urban commercial centre, either in the Wairakei town centre or neighbourhood centres;
    2. Activities at the ground floor of buildings adjoining pedestrian environment streets are designed to support a pedestrian orientated street character;
    3. Vehicle and pedestrian access is designed and located to ensure safe and efficient movement on-site and to and from the street;
  4. Development Infrastructure:
    1. Whether the proposed development can address any adverse effects of the development on local water supply capacity, wastewater systems, stormwater management and the road network capacity and how those effects can be adequately avoided, remedied or mitigated;
    2. The extent to which the roads serving the development are designed to meet the standards and cross sections in the Council’s Infrastructure Development Code;
    3. The construction of Te Okuroa Drive and the Boulevard to full width when adjoining development is undertaken;
    4. The design and location of internal road connections to arterial or collector roads within Wairakei Urban Growth Area;
    5. The extent to which provision is made for walking and cycling accessibility to / from and within the proposed development;
  5. Integration with the Future Te Tumu Urban Growth Area:
    The extent to which the proposed development supports land use and transportation integration with the future Te Tumu Urban Growth Area (where the land lies east of a line drawn north-south along Wairakei Main Street (refer Plan Maps, Part B), through:
    1. The location and design of interconnecting roads;
    2. The location of pedestrian and cyclist routes, open space networks and car parking areas;
    3. The location and design of landscaped and public spaces and pedestrian areas;
    4. The location and design of infrastructure.

17A.14.12 Non-Notification for Activities in the Te Reti Commercial Plan Area

Any application for a resource consent made under 17A.14 – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons, other than the road controlling authority for the State Highway. 

17A.14.13 Restricted Discretionary Activities - Standards and Terms in the Te Reti Commercial Plan Area 

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17N: Te Reti Commercial Zone Outline Development Plan;
  2. Within the area identified as Neighbourhood Centre on the Outline Development Plan development shall not exceed a total gross floor area of 2,000m2, and no single tenancy shall exceed a gross leasable floor area of 400m2;
  3. Within the area identified as service station in the Appendix 17N: Te Reti Commercial Zone Outline Development Plan, service station activities shall be limited to a single service station and be subject to compliance with the following:
    1. The development site area shall not exceed 3,000m2 exclusive of landscaping areas identified on Appendix 17N: Te Reti Commercial Zone Outline Development Plan;
    2. There shall be no more than 8 service station lanes;
    3. Ancillary retail activities shall not exceed 300m2 in gross floor area;
  4. Access points on and off the State Highway from the area identified as Service Station on Appendix 17N: Te Reti Commercial Zone Outline Development Plan may only be used for a service station activity; 
  5. An integrated transportation assessment shall be submitted with an application for resource consent in accordance with Chapter 4 – General Rules Provisions, Appendix K: Integrated Transportation Assessment Information Requirements;
  6. Within the area identified as service station on Appendix 17N: Te Reti Commercial Zone Outline Development Plan visitor accommodation and health centres are provided for;
  7. The maximum height of any building or structure (including signage), with the exception of permitted intrusions in Rule 4H2.3 – Permitted Height and Viewshaft Protection Area Intrusions shall be 9m;
  8. Mitigation landscaping shall comply with the specifications and species list in Appendix 17N: Te Reti Commercial Zone Outline Development Plan;
  9. A qualified landscape architect shall prepare a landscape and visual assessment for any application for resource consent within the Te Reti Commercial Plan Area.

Note: All development shall be subject to the requirement to obtain resource consent in accordance with Rule 4B.3 b) – Restricted Discretionary Activity Rules, notwithstanding the number of carparks that may be required by an individual proposal.

Note: Any activity that does not comply with Rule 17A.14.13 - Standards and Terms in the Te Reti Commercial Plan Area shall be considered a Discretionary Activity.


17A.14.14 Restricted Discretionary Activities - Matters of Discretion and Conditions in the Te Reti Commercial Plan Area

In considering any development in the Te Reti Commercial Plan Area as a Restricted Discretionary Activity the Council restricts the exercise of its discretion to:

  1. The standards and terms for the Te Reti Commercial Plan Area;
  2. Ensuring all development is subject to the implementation of landscape mitigation identified on Appendix 17N: Te Reti Commercial Zone Outline Development Plan, including:
    1. At the boundary of the Commercial Plan Area (Service Station), landscape planting to soften the appearance of buildings, reduce glare from vehicles, signage and the lighting operation of the activity, and ensure safe sight distances for access and egress from the service station;
    2. At the boundary of the Commercial Plan Area (Neighbourhood Centre), landscape planting that softens the appearance of buildings and incorporates large scale mitigation planting within parking areas;
  3. Ensuring access to either the service station or neighbourhood centre is limited to the locations identified on Appendix 17N: Te Reti Commercial Zone Outline Development Plan;
  4. The Matters of Discretion and Conditions under Rule 4B.4.2 – Restricted Discretionary Activity – Matters of Discretion and Conditions;
  5. The application of any necessary financial contribution required to offset unforeseen impacts;
  6. The method of disposal of stormwater from the site to ensure there is no effect on the adjacent stormwater reserve from the development. 

17A.14.15 Non-Notification for Activities in the Coast Commercial Plan Area

Any application for a resource consent made under Rule 17A.14 i) – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons.

17A.14.16 Engineering Assessment – Any activity within the Coast Commercial Plan Area which increases the use or demand of Council's water, wastewater and stormwater infrastructure or services - Standards and Terms. 

  1. A suitably qualified engineer shall prepare an engineering assessment of the effects of the proposed development on the planned capacity of the local infrastructure within the wider Diagram 5, Section 5, Plan Maps (Part B) (Papamoa Financial Contributions Urban Growth Area), in terms of:
    1. anticipated wastewater discharge at the point of connection of the site’s infrastructure to the Papamoa Wastewater Trunk Main;
    2. anticipated water demand at the point of connection of the site’s infrastructure to the water supply;
    3. the management of anticipated stormwater generation on the site

17A.14.17 Restricted Discretionary Activities – Any activity within the Coast Commercial Plan Area which increases the use or demand of Council’s water, wastewater and stormwater infrastructure or services - Matters of Discretion and Conditions

In considering any activity within the Coast Commercial Plan Area under Rule 17A.14 i) - Restricted Discretionary Activity Rules as a Restricted Discretionary Activity, the Council restricts the exercise of its discretion to:

  1. The extent to which the capacity of existing or planned infrastructure can provide for the proposed development without adverse effects on the capacity of the local infrastructure to service the wider Diagram 5, Section 5, Plan Maps (Part B) (Papamoa Financial Contributions Urban Growth Area), and potential proposed mitigation including financial contributions under Chapter 11 – Financial Contributions.

Proposed Amendment

"17A.14.18 Restricted Discretionary Activity – Standards and Terms –Residential activities in the Commercial Zone"

"17A.14.18.1 Information Requirements"

  1. "An application shall include a design assessment commensurate to the scale of the proposal that demonstrates how the application achieves Policies 17A.7.4.1– 17A.7.4.3 and is in accordance with the relevant assessment criteria (using the outcomes identified in the Residential Outcomes Framework as guidance)."

"17A.14.18.2 Development Standards – Residential activities in Commercial Zone"

  1. "Residential activities above ground floor with an activity identified as permitted in Table 17A.1 on the ground floor shall comply with the following permitted activity rules:
    1. Rule 17A.11.1 Building Height in the Commercial Zone, Tauriko Commercial Zone and Excelsa Commercial Plan Area
    2. Rule 17A.11.2 - Pedestrian Environment Streets;
    3. Rule 17A.11.3 – Streetscape;
    4. Rule 17A.11.4 - Boundaries of Commercial Zone and Sensitive Zone;
    5. Rule 17A.11.7 - Rules in Other Sections of the Plan."

"17A.14.18.3 Residential activities in Commercial Zone"

Residential activities within the Commercial Zone shall: 

  1. Be located above ground floor level; and
  2. Have a front entrance facing the street which is demarcated from patron access to the business activity at ground floor. 

"Note: Any activity that does not comply with Rule 17A.14.18.3(a) – Residential activities in Commercial Zone shall be considered a Discretionary Activity"


"17A.14.18.4 Outdoor Living Area – Residential activities in Commercial Zone"

"Each independent dwelling unit shall be provided with at least one on-site outdoor living area which shall:

  1. Have a minimum area of 10m2 and a minimum dimension of 1.5m in any direction that is located in the North, North East or North West aspect of the site (Refer Appendix 14E: Orientation of Outdoor Living Area); and
  2. Be for the exclusive use of the independent dwelling unit; and
  3. Be directly accessible from the main living area of the unit to which it relates; and
  4. Be located and/or screened so that at least 50% of the outdoor living area has complete visual privacy from the living rooms and outdoor living spaces of other independent dwelling units on the site and shall be screened a minimum height of 1.5m from adjoining sites."

"17A.14.18.5 Size of Independent Dwelling Units – Residential activities in Commercial Zone"

  1. "The minimum nett internal floor area of an independent dwelling unit shall be:
    1. For a studio unit: 35m2;
    2. For a one bedroom unit: 45m2;
    3. For a two or more bedroom unit: 60m2;"

"17A.14.18.6 Visual Outlook and Admission of Natural Light – Residential activities in Commercial Zone"

  1. "A visual outlook space must be provided from the face of a building containing windows to a main living area, principal bedroom and all other habitable rooms. Where the room has two or more external faces with windows the outlook space shall be provided from the external face with the largest area of glazing (Refer Appendix 14G: Visual Outlook and Admission of Natural Light). 
  2. The minimum dimensions for a required outlook space are as follows: 
    1. A main living area or studio unit shall have an outlook space with a minimum dimension of 4m in depth and 4m in width; and 
    2. One bedroom shall have an outlook space with a minimum dimension of 3m in depth and 3m in width; and
    3. All other habitable rooms shall have an outlook space with a minimum dimension of 1m in depth and 1m in width. 
  3. The outlook space shall:
    1. Be over the site on which the building is located; or a legal road or other public place; and
    2. Not extend over an outlook space or outdoor living area required by another independent dwelling unit; and
    3. Be free of areas required for service area and waste management areas.
  4. The outlook space may be over:
    1. An outdoor living area related to the independent dwelling unit; or
    2.  legal road or public walkway; or
    3. An open space zone that is owned and administered by the Council, provided that other relevant building setback requirements are complied with.
  5. Outlook spaces required from different rooms within the same independent dwelling unit may overlap."

Plan Change 26 – No legal effect

 

Proposed Amendment

"17A.14.19 Non-Notification of Resource Consents - Residential activities in Commercial Zone"

"Any application for resource consent for residential activities in the Commercial Zone will be considered without public or limited notification, unless the Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991."

Plan Change 26 – No legal effect

 

Proposed Amendment

"17A.14.20 Restricted Discretionary Activities – Matters of Discretion – Residential activities in the Commercial Zone"

"The Council will consider the relevant assessment criteria below for residential activities in the Commercial Zone. The non - statutory Residential Outcomes Framework may also provide guidance on how the outcomes of particular criteria can be met.

  1. Movement Networks 
    ​The extent to which the development provides clear, convenient and safe access links for all modes of transport through the site and between adjoining open space zones and legal roads by:
    1. Providing clear and legible resident access from the street frontage that is separated from areas used to service commercial activities at ground floor; and  
    2. Providing pedestrian access that is clear and accessible to independent dwelling units from the street front; 
  2. Private Residential Amenity
    ​The extent to which the development delivers quality on‐site amenity by:
    1. Orientating indoor and outdoor living areas to maximise access to sunlight throughout the year; 
    2. Providing privacy between independent dwelling units and buildings within the site by carefully positioning balconies or decks to avoid overlooking; 
    3. Offsetting windows to avoid direct line of sight between indoor and outdoor living areas of adjacent independent dwelling units;
    4. Ensuring communal on-site outdoor areas (where proposed) are safe, accessible to all abilities, adjoin main circulation routes through the site, and provide a level of amenity that is appropriate for its scale. 
  3. Safety and Security of internal spaces
    ​The extent to which the development creates safe internal environments and communal spaces by providing the following measures, where appropriate: 
    1. Providing clear, direct and accessible pedestrian routes into and through a site that are well lit; and
    2. Locating communal open space and parking spaces where they can be seen by adjoining independent dwelling units
  4. Service Area
    The extent to which the development provides secure and conveniently accessible storage for the number and type of occupants the independent dwelling unit is designed to accommodate
  5. Waste Management 
    ​The extent to which waste management areas: 
    1. Provides sufficient space to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units;
    2.  Are easily accessible from the independent dwelling units it services;"

"Note: The New Zealand Building Code (G15/AS1 (2.0.1)) specifies a maximum carry distance of 30m for occupants transferring waste from dwellings to waste bins. For larger developments this may mean that multiple waste storage areas are required."


  1. "Outdoor Living Area
    ​In considering activities that do not comply with Rule 17A.14.18.4 - Outdoor Living Area the Council restricts the exercise of its discretion:
    1. The design, location, layout and function of private outdoor spaces provided;
    2. The extent to which the proposal would impact on the opportunity for occupants to enjoy a reasonable outlook and useful, well oriented, outdoor space with access to sunlight on-site;
    3. Design measures, including, but not restricted to, the provision of alternative on-site provisions of outdoor living area or leisure facilities to meet the needs of residents over the lifetime of the building;
    4. Access to alternative off-site facilities that would meet the needs of the development;
    5. The extent to which the proposal would impact on the aural privacy of occupants in adjoining sites;
  2. Size of Independent Dwelling Units
    ​In considering activities that do not comply with Rule 17A.14.18.5 – Size of Independent Dwelling Units the Council restricts the exercise of its discretion to:
    1. The extent to which the proposed floorspace and internal layout will support residential amenity of future occupants;
    2. Other on-site factors that would compensate for reduced independent dwelling unit sizes such as the accessibility and features of any proposed communal facilities;
    3. The scale of adverse effects associated with a minor reduction in size in the context of the overall residential development on the site.
  3. Visual Outlook and Admission of Natural Light 
    ​In considering activities that do not comply with Rule 17A.14.18.6 Visual Outlook and Admission of Natural Light the Council restricts the exercise of its discretion to
    1. Visual separation between independent dwelling units;
    2. The extent to which the proposed development provides the opportunity for occupants to enjoy a reasonable outlook and useful, well oriented and accessible outdoor space on-site;
    3. Orients windows to maximise daylight and outlook, without compromising dwelling privacy."

Plan Change 26 – No legal effect

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