19B.3 Restricted Discretionary Activity Rules

Updated 9 September 2013

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1. Rule 19B.1.2 – Overshadowing;
   2. Rule 19B.1.3 – Setbacks;
   3. Rule 19B.1.4 – Streetscape;
2. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term, except for:
   1. Rule 19B.1.1 – Building Height, which is a Discretionary Activity;
3. Any activity listed as Restricted Discretionary in Table 19B.1: Education Centre Zones (Bethlehem) Activity Status.

19B.3.1 Restricted Discretionary Activities – Standards and Terms

Note: Any activity that does not comply with Rule 19B.3.1 – Restricted Discretionary Activity – Standards and Terms shall be considered a Discretionary Activity.

Restricted Discretionary Activities that do not comply with Rule 19B.1.3 - Setbacks shall comply with the following standards and terms:

1. A qualified landscape architect shall prepare a landscape and visual assessment for any application for resource consent;
2. The assessment shall have particular regard to the open space character and factors, values and associations that contribute to the areas landscape character and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.

19B.3.2 Restricted Discretionary Activities - Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to the following matters:

19B.3.2.1 Overshadowing

In considering activities that do not comply with Rule 19B.1.2 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced daylight admissions.

19B.3.2.2 Setbacks

1. In considering activities that do not comply with Rule 19B.1.3 - Setbacks the Council restricts the exercise of its discretion to:
   1. The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;
   2. The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites;
   3. The extent to which the proposal would address potential adverse impacts through design measures including, but not restricted to, step in breaks in façades and minimisation of the length of encroachment into the setback;
2. In considering activities that do not comply with Rule 19B.1.3 b) or c) - Setbacks the Council restricts the exercise of its discretion to:
   1. The height, scale, and location of any building, structure, or sign;
   2. The use of material on the exterior of any building or structure, including the use of colour;
   3. The nature, location and extent of any proposed earthworks;
   4. The location and design of access, parking areas, infrastructure and services or fences;
   5. Whether the proposed activity, building or structure will adversely affect the indigenous flora and fauna values and whether retention of indigenous and exotic vegetation, reinstatement of indigenous vegetation or provision of new indigenous planting is required;
   6. Whether the proposed activity, building or structure will adversely affect the factors, values and associations of a specific landscape feature and whether retention of specific landscape features or reinstatement of those features is required.

19B.3.2.3 Streetscape

In considering activities that do not comply with Rule 19B.1.4 - Streetscape the Council restricts the exercise of its discretion to:

1. The extent to which the proposal would adversely impact on having a consistent setback from the street;
2. The extent to which the proposal would result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the street and from adjoining sites;
3. The extent to which the proposal addresses potential adverse effects through on-site design measures or contribution to the maintenance of amenity at the public-private interface.

19B.3.2.4 Activities Identified as Restricted Discretionary in Table 19B.1

In considering activities identified as Restricted Discretionary in Table 19B.1: Education Centre Zones (Bethlehem) Activity Status the Council restricts the exercise of its discretion to:

1. Any actual or potential effects on the surrounding landscape character and the pattern of subdivision including density and land use;
2. Traffic generation, access and on-site parking;
3. The capacity of existing infrastructure and services to accommodate new activities.

19B.3.2.5 Activities described as a Restricted Discretionary Activity in Rule 19B.3 b) – Restricted Discretionary Activity Rules

In considering activities identified as Restricted Discretionary in Rule 19B.3 b) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

1. The extent to which the activity complies with the Controlled Activity standards and terms in Rule 19B.2.1 – Controlled Activities – Standards and Terms;
2. Matters over which the Council has reserved control in Rule 19B.2.2 - Controlled Activities - Matters of Control and Conditions.