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    1. 12A-Purpose: Subdivision
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    3. 12C-Subdivision in the Rural Residential Zone
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  21. 20-Special Use Zone-Baypark
  22. Part B Maps
Tauranga City Plan

20A.3 Permitted Activity Rules

Updated 20 November 2020


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


20A.3.1 Building Height

  1. The maximum height of any building or structure, with the exception of the permitted intrusions in Rule 4H.2.3 Permitted Height and Viewshaft Protection Area Intrusions, shall be 16 metres, except for:
    1. Network utilities which shall comply with the relevant provisions of Chapter 10 – Network Utilities and Designations. If a maximum building height is not specified, then the maximum height provisions of the Special Use Zone – Baypark shall apply;
    2. Stadium flood lighting, which shall be no greater than 47.3 metres in height, located within SubZone A – Stadium Area in accordance with Appendix 20A: Special Use Zone - Baypark Outline Development Plan.
  2. Provided that no building or structure within any identified Viewshaft Protection Area shall exceed the maximum height identified within the Plan Maps (Part B), except for exempted activities listed in Rule 20A.3.1 a) - Building Height.

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.1 – Building Height shall beconsidered a Discretionary Activity.


20A.3.2 Landscaping

Landscaping shall be provided and maintained in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan and Appendix 20B – Landscape Planting Specification.

20A.3.3 Streetscape

  1. All buildings and activities, excluding signs provided for in Rule 20A.3.5 - Signs, shall be set back at least 5 metres from the road boundary;
  2. All buildings on a site adjoining a road widening designation (as identified on the Plan Maps, Part B) shall have the setback measured from that designation boundary;
  3. Buildings, structures and activities (other than vehicle parking, manoeuvring and vehicle loading) shall be set back at least 5 metres from the zone boundary. This rule shall exclude basement areas located entirely below ground level.

20A.3.4 Building Amenity

All building roof surfaces shall be painted with a colour that has a reflectance value not exceeding 25% in accordance with Australian Standard 1580.

20A.3.5 Signs

The following sign rule shall apply to freestanding signs where the sign face is visible from the State Highway:

  1. A maximum of 10 freestanding advertising signs shall be permitted along the frontage of the State Highway, provided the area of each sign does not exceed:
    1. Eight signs of up to 18m2;
    2. Two signs of up to 25m2.

Note: Where a maximum permitted area is specified in Rule 20A.3.5 - Signs, then it shall apply to each face of the sign and where any ‘V’ shaped sign contains an interior angle of greater than 90 degrees, then the sign area shall be deemed to have a single face.

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.5 – Signs shall be considered a Discretionary Activity.


20A.3.6 Traffic Management, Safety and Convenience

20A.3.6.1 Access

Access to and from Baypark shall be in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan.


Note: Any activity that does not comply with Permitted Activity Rule 20A.3.6.1 – Access shall be considered a Discretionary Activity.


20A.3.6.3 Activity and Event Traffic Management

  1. A certified Traffic Management Plan (which shall include, but is not limited to, the provisions of a wide area assessment in accordance with Appendix 4K: Integrated Transportation Assessment Information Requirements) shall be in place and implemented for all activities. The Traffic Management Plan shall:
    1. Provide for the supervision and control of patrons entering and exiting Baypark, and the transportation of patrons to and from Baypark;
    2. Limit the speed of traffic within Baypark to 30 km/h within any access to Baypark, and 15 km/h within the Carpark Area Sub-Zone (or any overflow on-site parking area);
    3. Provide at least one method of determining the number of people at Baypark at all times, other than arrival/departure;
    4. Provide for monitoring and reporting on the number of vehicle movements for all activities and events;
    5. Include protocols for undertaking reviews of the Traffic Management Plan by an Implementation Monitoring Committee consisting of the New Zealand Police, the Council, Baypark operator and New Zealand Transport Agency;
    6. Be reviewed, certified and endorsed by the New Zealand Transport Agency, the Council, and the Baypark operator by 8 June of each year.
  2. For any activity and event, or combination of activities and events where there is likely to be in excess of 5,000 people, the operator of Baypark shall advise the Council and New Zealand Transport Agency a minimum of 10 working days before the activity and event occurs of the details of the activity and event and the relevant provisions of the Traffic Management Plan that are to be implemented;
  3. For any activity and event, or combination of activities and events where there is likely to be in excess of 12,000 people, the operator of Baypark shall advise the Council and New Zealand Transport Agency a minimum of 10 working days prior to the activity and event occurring of the details of the activity and the relevant provisions of the Traffic Management Plan that are to be implemented for the activity and event to occur;
  4. For any activity and event, or combination of activities and events where there is likely to be in excess of 15,000 people at Baypark at any one time, a Traffic Management Plan (which shall include, but is not limited to, the provisions of a wide area assessment in accordance with Appendix 4K – Integrated Transportation Assessment Information Requirements) specific to the activity and event shall be prepared, submitted to the Council and the New Zealand Transport Agency a minimum of 10 working days before the start of the activity and event. The Traffic Management Plan shall detail mechanisms to be used to achieve management of travel demand that does not exceed the capacity for on-site parking and access or the transportation network capability in the surrounding environment.

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.6.3 – Activity and Event Traffic Management shall be considered a Discretionary Activity.

Note: For the purposes of the Plan, and complying with Rule 20A.3.6.3 – Activity and Event Traffic Management - the development review and certification of the Traffic Management Plan shall be undertaken by an Implementation Monitoring Committee consisting of those parties listed in Rule 20A.3.6.3 a) v) and a) vi) – Activity and Event Traffic Management.

Note: An agreement is in place between the New Zealand Transport Agency, Tauranga City Council and Tauranga City Venues Limited regarding provision for alternative access from Truman Lane and the existing State Highway 29 Roundabout removal.


20A.3.6.4 Activity and Event Arrival and Departure Times

  1. Activities and events held between Monday and Friday inclusive (except public holidays), other than those that do not generate arrival or departure crowds in excess of 3,000 people in any one-hour period, shall not:
Start within the following time periods: After 0700 and before 0900
After 1600 and before 1900
Finish within the following time periods:

After 0600 and before 0900
After 1500 and before 1800


Note: Any activity and event that does not comply with Rule 20A.3.6.4 – Activity and Event Arrival and Departure Times shall be considered a Restricted Discretionary Activity.


20A.3.7 Site Noise Monitoring

  1. No activity and event shall take place unless there is a Noise Management Plan in place that details the measures to be implemented to ensure that noise does not exceed the limits specified in Rule 20A.3.8.3 – Noise, 20A.3.8.4 – Noise Monitoring and 4E.2.8 Special Use Zone - Baypark, and fulfils the duty under Section 16 of the RMA.
  2. The Noise Management Plan shall, as a minimum, provide details of the following measures:
    1. Procedures and protocols for the setting up, installation and monitoring responsibilities (including reporting) of the noise monitoring device (microphone) located within the Stadium Area;
    2. Procedures for the ongoing testing and calibration of the noise monitoring device (microphone) located within the Stadium Area;
    3. The erection of barriers for the purpose of reducing noise emissions;
    4. The design and operation of the public address system with respect to management of noise emissions;
    5. Procedures to monitor all activities and events that may meet the noise levels specified in Rule 20A.3.8.3 – Noise, Rule 20A.3.9.2 – Noise and Rule 4E.2.8 - Special Use Zone – Baypark;
    6. Procedures to correlate the noise monitoring device (microphone) located within the Stadium Area required by Rule 20A.3.8.4 - Noise Monitoring to be utilised to monitor all activities that may meet the noise levels specified in Rule 20A.3.8.3 – Noise, Rule 20A.3.8.4 – Noise Monitoring and Rule 4E.2.8 Special Use Zone – Baypark
    7. Procedures to monitor activities and events that may meet the noise levels specified in Rule 20A.3.8.3 – Noise, Rule 20A.3.8.4 – Noise Monitoring and Rule 4E.2.8 - Special Use Zone – Baypark; that are unable to be monitored utilising the noise monitoring device (microphone) located within the Stadium Area.

Note: For the purposes of clarity, a Noise Management Plan combining the requirements for Rules 20A.3.7 – Site Noise Monitoring, 20A.3.8.4 – Noise Monitoring and 20A.3.9.3 – Noise Monitoring shall be deemed to meet compliance with the Plan provisions.

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.8.4 – Noise Monitoring shall be considered a Discretionary Activity, unless stated otherwise.


20A.3.8 Special Baypark Permitted Activity Rules – Speedway Racing, Speedway Activities and Events


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


20A.3.8.1 Number and Duration of Speedway Racing, Speedway Activities and Events

The number and duration of any speedway racing, speedway activities and events that exceed the noise provisions of Rule 4E.2.8 – Special Use Zone – Baypark shall comply with the following:

  1. The maximum number of days when speedway racing, speedway activities and events shall occur, inclusive of practice sessions, within any race season shall be 20;
  2. Race vehicles, operating within the noise levels of Rule 20A.3.8.3 – Noise, shall operate on the racetrack, within the Sub Zone A - Stadium Area for the purpose of speedway racing, between the hours of 1830 and 2220 on any one day provided that:
    1. At any race meeting, no speedway race shall finish later than 2200, except in the following circumstances:
      1. Where the last scheduled speedway race is interrupted by a crash or crashes causing that race to be temporarily stopped to allow the racetrack to be cleared. In this circumstance, speedway racing shall not extend beyond 2210;
      2. Where two or more previously raced vehicles are on equal points and a run off is required to determine final placings. This circumstance shall apply only to New Zealand, North Island, or Grand Prix activities and events allocated by Speedway New Zealand Incorporated. In this circumstance, racing shall not extend beyond 2220;
  3. On no more than 3 days during the month of October in any calendar year, race vehicles may operate for a maximum of 3 hours in total between 1400 and 2200 hours for the purpose of practice sessions;
  4. There shall be no speedway racing, speedway activities and events on any Sunday, except after 1200 in the following circumstance:
    1. Where speedway racing, speedway activities and events, scheduled for the previous Friday or Saturday, are abandoned, then the provisions of Rule 20A.3.8.2 – Abandonment of a Race Meeting shall apply; and
    2. Race vehicles, operating within the noise levels of Rule 20A.3.8.3 – Noise, shall operate on the racetrack, within the Sub Zone A - Stadium Area for the purpose of speedway racing, between the hours of 1200 to 2200, with the maximum duration that race vehicles can operate on the racetrack for being no greater than 3 hours and 30 minutes;
  5. Speedway racing, speedway activities and events shall not be held on Christmas Day, Good Friday or Easter Sunday.

Note: Any activity that does not comply with the Permitted Activity Rule 20A.3.8.1 a) – d) – Number and Duration of Speedway Racing, Speedway Activities and Events shall be considered a Discretionary Activity.

Note: Any activity that does not comply with the Permitted Activity Rule 20A.3.8.1 e) – Number and Duration of Speedway Racing, Speedway Activities and Events shall be considered a Non-Complying Activity. 


 20A.3.8.2 Abandonment of a Race Meeting

Where speedway racing, speedway activities and events undertaken in accordance with Rule 20A.3.8.1 – Number and Duration of Speedway Racing, Speedway Activities and Events are abandoned for any reason, a new race meeting in accordance with the requirements of Rule 20A.3.8 - Special Baypark Permitted Activity Rules – Speedway Racing, Activities and Events may be rerun within that current race season as if the abandoned race meeting had never taken place, provided that paying spectators have either:

  1. Been reimbursed the value of their entrance fee when departing Baypark; or
  2. Been issued with an abandoned race meeting pass when departing Baypark which allows for attendance at an alternative race meeting.

Note: Where a speedway race, activity and event is abandoned part way through a race meeting and no reimbursement or abandoned race meeting passes are issued, then the speedway racing, activity and event will be considered one of the 20 activities and events permitted by Rule 20A.3.8.1 a) - Number and Duration of Speedway Racing, Activities and Events.


20A.3.8.3 Noise

All speedway racing, activities and events shall comply with the following:

  1. All speedway racing, speedway activities and events, apart from the backfiring of race vehicles, shall comply with the following noise limits measured as identified in Sub Zone A – Stadium Area in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan:
    Activity Noise limit
    Race Vehicles 100dB Leq (5min) and 95dB Leq (event duration)
    Public address system 92dB Leq (5min) and 87dB Leq (event duration)
        
  2.  Rule 20A.3.8.3 – Noise, and Rule 4E.2.8 – Special Use Zone – Baypark shall not apply to the back firing of race vehicles (which shall be managed through the Noise Management Plan), helicopter landing and takeoff activities associated with one annual speedway racing activity and event, and one annual fireworks display;
  3. Outside of the days and hours specified in Rule 20A.3.8.1 - Number and Duration of Speedway Racing, Activities and Events, all speedway racing, speedway activities and events, and the operation of any public address system associated with speedway racing, speedway activities and events, shall not exceed the noise limits outlined in Rule 4E.2.8 – Special Use Zone - Baypark:

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.8.3 - Noise shall be considered a Discretionary Activity.


20A.3.8.4 Noise Monitoring

  1. All sound levels shall be measured in accordance with NZS 6801:2008 Acoustics – Measurement of Environmental Sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise. No adjustments for special audible characteristics or duration corrections shall be made.
  2. No speedway racing, speedway activities and events shall take place unless there is a Noise Management Plan in place that details the measures to be implemented to ensure that noise does not exceed the limits specified in Rule 20A.3.8.3 – Noise, and fulfils the duty under Section 16 of the RMA.
  3. The noise monitoring device (microphone) locations, for the purpose of measuring compliance with Rule 20A.3.8.3 - Noise shall be between 1.2m and 1.5m above the timber platform located on top of the stadium opposite the finishing line on the south western side of the track and within 1m of the north eastern side (front) of the platform in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan.
  4. The Noise Management Plan shall, as a minimum, provide details of the following measures:
    1. The design and operation of the public address system with respect to management of noise emissions;
    2. Procedures for the public notification of speedway racing, speedway activities and events;
    3. Procedures to ensure that all race vehicles comply with the noise limits specified in Rule 20A.3.8.3 – Noise;
    4. Procedures to identify and remove vehicles from a race that do not comply with the noise emission requirements, including backfiring, and to restrict the ability of such vehicles to race until they have been modified as necessary and re-tested such that compliance is demonstrated; 
    5. Procedures and protocols for dealing with the backfiring of vehicles. In addition to requiring compliance with Rule 20A.3.8.3 - Noise, the Noise Management Plan shall require that the noise levels from backfiring of vehicles are monitored during every race. Should any vehicle backfire more than twice in any one race or be found not otherwise complying with the noise emissions standards, it must be withdrawn as soon as practically possible from the race immediately. It may race again if appropriate noise reduction modifications are made. In the event of the same vehicle backfiring or generating other non-compliance with the noise limits in any later race in the same meeting, the offending vehicle must be immediately withdrawn as soon as practically possible from the remainder of the race meeting,
    6. Procedures for the monitoring of all speedway race noise, speedway activities and events to ensure that the noise emissions comply with Rule 20A.3.8.3 – Noise; including the provision of monitoring results to the Council within 5 working days from the date of each speedway activity and event;
  5. Prior to the commencement of the race season as outlined in Rule 20A.3.8.1- Number and Duration of Speedway Racing, Speedway Activities and Events, the dates of each scheduled speedway racing or speedway activity and event shall be advertised in a free local newspaper circulating within the local area:
    1. Prior to the 1st of October of each calendar year prior to the commencement of the race season;
    2. 5 working days prior to the first speedway racing, speedway activity and event takes place;

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.8.4 c) – Noise Monitoring shall be considered a Controlled Activity.

Note: Any activity that does not comply with Permitted Activity Rule 20A.3.8.4 – Noise Monitoring, excluding Rule 20A.3.8.4 c)- Noise Monitoring which shall be considered a Controlled Activity, shall be considered a Discretionary Activity.


20A.3.9 Special Baypark Permitted Activity Rules – Activities and Events (other than Speedway Racing, Speedway Activities and Events)


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


20A.3.9.1 Number and Duration of Activities and Events

The number and duration of any activities and events within the Sub Zone A - Stadium Area that exceed the noise provisions of Rule 4E.2.8 – Special Baypark Permitted Activity Rules – Speedway Racing, Activities and Events shall comply with the following:

  1. The maximum number of activities or events, within any calendar year, that exceed the noise provisions of Rule 4E.2.8 – Special Baypark Permitted Activity Rules – Speedway Racing, Activities and Events shall be 6;
    Activities and events, operating within the noise levels of Rule 20A.3.9.2 – Noise, within the Sub Zone A - Stadium Area, between the hours of 0900 and 2300 on any one day provided that:
    1. Sound checks shall occur only between 0900 and 1900, and shall not exceed 4 hours in total duration;
    2. The cumulative duration of amplified noise on any day shall not exceed 4 hours;
    3.  All activities and events shall be programmed to finish no later than 2230, and shall only extend beyond 2230 to accommodate unforeseen delays.

Any activity that does not comply with Permitted Activity Rule 20A.3.9.1 – Number and Duration of Activities and Events shall be considered a Discretionary Activity


20A.3.9.2 Noise

  1.  Activities and events provided for by Rule 20A.3.9.1 – Number and Duration of Activities and Events shall comply with the following:
    Measurement Area Noise Level 
    In accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan 102dB Leq (5min)
     
  2. Outside of the days and hours specified in Rule 20A.3.9.1 - Number and Duration of Activities and Events, all activities and events, and the operation of any public address system associated with an activity and event, shall not exceed the noise limits outlined in Rule 4E.2.8 – Special Use Zone – Baypark.

Any activity that does not comply with Permitted Activity Rule 20A.3.9.2 – Noise shall be considered a Discretionary Activity.


20A.3.9.3 Noise Monitoring

  1. All sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Environmental Sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise. For Activities and events, undertaken in accordance with Rule 20A.3.9.1 - Number and Duration of Activities and Events, no adjustments for special audible characteristics or duration corrections shall be made;
  2. All activities and events provided for under Rule 20A.3.9 – Special Baypark Permitted Activity Rules – Activities and Events (other than Speedway Racing, Activities and Events) shall be monitored to ensure compliance with Rule 20A.3.9.2 – Noise.

Any activity that does not comply with Permitted Activity Rule 20A.3.9.3 – Noise Monitoring shall be considered a Discretionary Activity.


20A.3.10 Rules in Other Sections of the Plan

Activities shall also comply with the following sections of the Plan. In the event of any conflict, the provisions of Chapter 20 – Special Use Zones: Baypark shall prevail.

  1. The provisions of Chapter 4 – General Rules;
  2. The provisions of Chapter 7 – Heritage;
  3. The provision of Chapter 8 – Natural Hazards;
  4. The provisions of Chapter 9 – Hazardous Substances and Contaminated Land;
  5. The provisions of Chapter 11 – Financial Contributions;
  6. The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G - Infrastructure and Services;
  7. The provisions of any Plan Area

 

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