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Tauranga City Plan

18A.15 Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

  1. Any permitted activity that does not comply with:
    1.  Rule 18A.12.2 – Streetscape;
    2.  Rule 18A.12.3 – Industrial and Sensitive Zone Boundaries;
    3.  Rule 18A.12.4 – Outdoor Storage;
    4.  Rule 18A.12.5 a) – Ancillary Retail and Offices;
    5.  Rule 18A.13.4.3 – Traffic;
    6.  Rule 18A.13.4.4 a) – Boundaries of Scheduled Site;
    7.  Rule 18A.13.4.5 – Site Layout and Landscaping;
    8.  Rule 18A.14.3.3 - External Appearance of Buildings and Structures;
  2. Cranes on the Sulphur Point Wharves not complying with the height limits specified in Rule 18A.12.1.3 b) – Port Industry Zone or located in an area outside either the proposed Sulphur Point Wharf Extension North (proposed as 170 metres to the north of the existing wharf), or further south than the Sulphur Point Extension South (being 286 metres south of the existing wharf);
  3. Permitted activities in the Tauriko Industry Zone, located within the 80-metre separation strip identified on Diagram 10, Section 5, (Plan Maps, Part B) (Tauriko Business Estate Outline Development Plan), and not otherwise permitted by Rule 18A.14.2.3 - 80-Metre Separation Strip;
  4. Any activity identified as a Restricted Discretionary Activity in Table 18A.1 Industrial Zones Activity Status;
  5. Any activity within the Papamoa East Employment Zone identified as a Restricted Discretionary Activity in Table 18A.1 Industrial Zones Activity Status.

18A.15.1 Non-Notification of Development in the Tauriko Industry Zone

Any application in the Tauriko Industry Zone for a resource consent made under Rule 18A.15 - Restricted Discretionary Activity Rules shall not be notified, or served on affected persons.

18A.15.2 Restricted Discretionary Activities - Standards and Terms in the Tauriko Industry Zone


Note: Any activity that does not comply with 18A.15.2 - Restricted Discretionary Activities - Standards and Terms in the Tauriko Industry Zone shall be considered a Discretionary Activity.


18A.15.2.1 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 for development in the Tauriko Industry Zone under Rule 18A.15 a) i) – Restricted Discretionary Activity Rules.

18A.15.2.2 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 for development in the Tauriko Industry Zone under Rule 18A.15 a) v) – Restricted Discretionary Activity Rules with particular regard to the appearance of the site, building, or structure as viewed from rural or residential properties in the surroundings.

18A.15.3 Non-Notification of Development in the Port Industry Zone

Any application for a resource consent made under Rule 18A.15 b) – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons, with the exception of the Tauranga Airport Authority who shall be considered an affected party on any application made under this rule.

18A.15.4 Restricted Discretionary Activities – Matters of Discretion and Conditions in the Industry and Port Industry Zones

18A.15.4.1 Variation to Permitted Crane Development on Sulphur Point Wharves

In considering activities that exceed the permitted height or location of cranes on the Sulphur Point Wharves, the Council restricts the exercise of its discretion to:

  1. Impact on the height restrictions within specified Airport Slopes and Surfaces described in Rule 4I.2 – Permitted Activity Rules;
  2. The safe operation of Tauranga City Airport;

18A.15.4.2 Streetscape

In considering activities that do not comply with Rule 18A.12.2 - Streetscape, the Council restricts the exercise of its discretion to:

  1. The effect of the activity on the zone’s amenity values and the land directly across the legal road fronting the site, and the landscape character of that zone;
  2. The provision of a consistent streetscape with land adjacent to the site if that land is also subject to Rule 18A.12.2 - Streetscape.

18A.15.4.3 Industrial and Sensitive Zone Boundaries

In considering activities that do not comply with Rule 18A.12.3 – Industrial and Sensitive Zone Boundaries, the Council restricts the exercise of its discretion to:

  1. Providing building setbacks to address the scale and height of the proposed buildings in relation to the boundary;
  2. Overshadowing of residential activities;
  3. Impacts of the proposal on the land use within the sensitive zone, with particular regard to the objectives and policies for character and amenity values within Residential Zones.

18A.15.4.4 Outdoor Storage

In considering activities that do not comply with Rule 18A.12.4 – Outdoor Storage the Council restricts the exercise of its discretion to the mitigation of the visual impacts of any outdoor areas for the purpose of storing materials, products, containers and the like.

18A.15.4.5 Ancillary Offices

In considering ancillary offices that do not comply with Rule 18A.15.4.5 a) – Ancillary Offices the Council restricts the exercise of its discretion to:

  1. Effects on the transport network;
  2. Measures to address reverse sensitivity on the surrounding industrial zone activities;
  3. Ensuring that the office use is genuinely ancillary to the primary use of the site for industrial purposes.

18A.15.5 Restricted Discretionary Activities – Matters of Discretion and Conditions in the Tauriko Industry Zone

18A.15.5.1 Streetscape

In considering activities that do not comply with Rule 18A.12.2 - Streetscape, the Council restricts the exercise of its discretion to:

  1. The extent to which the activity will be consistent with the objectives and policies for the Tauriko Business Estate;
  2. Landscape planting that will soften the appearance of structures and promote distinctiveness and a sense of place.

18A.15.5.2 External Appearance of Buildings and Other Structures

In considering activities that do not comply with Rule 18A.14.3.3 - 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 surroundings.

18A.15.5.3 Activities Within the 80-Metre Separation Strip

In considering activities within the 80-Metre Separation Strip identified in Diagram 10, Section 5, (Plan Maps, Part B) (Tauriko Business Estate Outline Development Plan), the Council restricts the exercise of its discretion to the extent to which the activity may result in restrictions on lawful activities on adjacent sites in the Rural Zone, and the maintenance and enhancement of rural amenity values.

18A.15.6 Non-Notification of Development in Papamoa East Employment Zone-Wairakei Urban Growth Area

  1. Any application for a resource consent made under Rule 18A.15 e) - Restricted Discretionary Activity Rules for the Papamoa East Employment Zone on land zoned Papamoa East Employment shall not be notified or served on affected persons with the exception of the directly adjoining landowners within the Te Tumu Future Urban Zone east of the Wairakei – Te Tumu boundary, who shall be considered an affected party.

18A.15.7 Restricted Discretionary Activities in the Papamoa East Employment Zone - Standards and Terms

18A.15.7.1 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’ 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 application for all initial development of land within the zone shall meet the standards and terms of Rule 18A.15.7 - Restricted Discretionary Activities in the Papamoa East Employment Zone - Standards and Terms
  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 and stormwater engineering shall be submitted as part of the comprehensive development consent application to address how the standards and terms of Rule 18A.15.7 - Restricted Discretionary Activities in the Papamoa East Employment Zone - Standards and Terms can be met;
  3. For land lying directly east of Wairakei Main Street and subject to Rule 18A.15.7.1 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 Wairakei Urban Growth Area and future Te Tumu 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.

18A.15.7.2 Compliance of Land Use with Urban Growth Plan and Staging Plan

  1. Any activity on land zoned Papamoa East Employment shall be designed, as far as is practicable, to meet the requirements of:
    1. Diagram 6, Section 6, (Plan Maps, Part B) (Urban Growth Plan);
    2. Diagram 11, Section 5, (Plan Maps, Part B) (Wairakei Urban Growth Area Staging Plan);
  2. The design requirement outlined in Rule 18A.15.7.2 a) - Compliance of Land Use with Urban Growth Plan and Staging Plan shall be covered in the environmental assessment under Rule 18A.15.7.1 – Comprehensive Development Consent.

18A.15.7.3 Building Height

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 14.5 metres.

18A.15.7.4 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.

18A.15.7.5 Streetscape, Site and Building Layout

  1. All Papamoa East Employment zoned development sites shall be designed to meet Rule 18A.12.2.1 – Industrial Zones Streetscape where circumstances within that Rule are applicable to the site development within that zone;
  2. Provided that, for sites with a road boundary to Te Okuroa Drive an amenity front yard adjoining Te Okuroa Drive, consisting of a planted landscape strip of at least 5 metres in width measured from and parallel to the road boundary (excluding permitted vehicle and pedestrian access points), with a minimum of 1 specimen tree per 15 lineal metres of street frontage shall be provided. The specimen tree shall, at maturity, be a minimum height of at least 8 metres and a minimum width of 6 metres;
  3. The area located between the front line of any building and the street should be kept clear of any vehicle loading or outdoor storage spaces;
  4. Front entrances to the principal building should be clearly distinguishable and shall face or be clearly visible from the primary road frontage.

18A.15.7.6 Industrial, Sensitive Zone and Urban Growth Area Boundaries

  1. All Papamoa East Employment zoned development sites shall be designed to meet Rule 18A.12.3 - Industrial and Sensitive Zone Boundaries where circumstances within that Rule are applicable to the development sites within that zone;
  2. Notwithstanding Rule 18A.12.3 - Industrial and Sensitive Zone Boundaries for the purposes of this Rule, a sensitive zone shall include the Wairakei Urban Growth Area boundary adjoining the Te Tumu Future Urban Zone.

18A.15.7.7 Services Infrastructure

  1. Land use on all Papamoa East Employment zoned land 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 18A.15.7.7 a) ii), 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.

Note: Any activity that does not comply with Restricted Discretionary Activity Rule 18A.15.7.2 – Compliance of Land Use with Urban Growth Plan and Staging Plan to Rule 18A.15.7.7 – Services Infrastructure excluding (Rules 18A.15.7.7 a) i) and b) – Services Infrastructure) shall be considered as Restricted Discretionary Activity.

Note: Any activity that does not comply with Rule 18A.15.7.1 – Comprehensive Development Consent and Rule 18A.15.7.7 a) i) and 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.


18A.15.8 Restricted Discretionary Activities- Matters of Discretion and Conditions in the Papamoa East Employment Zone

The Council restricts the exercise of its discretion to:

  1. General Matters:
    1. An assessment of a comprehensive development consent outline plan and design report to be submitted with the application which demonstrates how the proposal meets the standards and terms under Rule 18A.15.7 - Restricted Discretionary Activities in the Papamoa East Employment Zone - Standards and Terms;
    2. Imposition of conditions related to compliance with an approved comprehensive development consent plan, and compliance with relevant standards and terms under Rule 18A.15.7 - Restricted Discretionary Activities in the Papamoa East Employment Zone - Standards and Terms;
  2. Objectives and Policies:
    Whether the proposal meets Rule 18A.9 - Objective and Policy for Papamoa East Employment Zone;
  3. Access:
    The extent to which 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 on the (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.

18A.15.9 Restricted Discretionary Activities – Standards and Terms in the Cross Road Nautilus Scheduled Site


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.


18A.15.9.1 Traffic

  1. For any application for resource consent required under Rule 18A.15 (a) (v) - Restricted Discretionary Activity Rules, 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 in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy - Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service.

18A.15.10 Restricted Discretionary Activities – Matters of Discretion and Conditions in the Cross Road Nautilus Scheduled Site

18A.15.10.1 Traffic

In considering activities that do not comply with Rule 18A.13.4.3 – Traffic, the Council restricts the exercise of 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 included under Rule 4B.4.2 - Restricted Discretionary Activity – Matters of Discretion and Conditions;
  3. Recommendations, including mitigation measures, prepared by a qualified transportation engineer; and
  4. The matters addressed in 4B.1.2 Objective - Maintaining a Sustainable Transport Network, and in 4B.1.2.1 Policy – Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service.

18A.15.10.2 Boundaries of the Scheduled Site

In considering activities that do not comply with Rule 18A.13.4.4 a) – Boundaries of Scheduled Site the Council restricts the exercise of its discretion to:

  1. Ensuring that there is a physical separation between the site and designated rail corridor with an overall purpose to limit any form of pedestrian or vehicle access into the designated rail corridor.

18A.15.10.3 Site Layout and Landscaping

In considering activities that do not comply with Rule 18A.13.4.5 - Site Layout and Landscaping the Council restricts the exercise of its discretion to:

  1. Ensuring landscape planting mitigates the visual effects on the surrounding environment, adjoining reserve areas and harbour margins;
  2. Ensuring all activities avoid adverse effects on the capacity and provision of public access to and within adjoining reserve areas and parking within public areas;
  3. Ensuring site layout buffers potentially sensitive land uses from adjacent industrial and infrastructural activities.

 

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