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Tauranga City Plan

4C.3  Restricted Discretionary Activity Rules

Updated 2 December 2017

The following are Restricted Discretionary Activities:

  1. Earthworks that do not comply with Rule 4C.2 – Permitted Activity Rules;
  2.  Earthworks associated with activities listed as Restricted Discretionary Activities in Chapter 5 - Natural Environment (Table 5A.1);
  3. Earthworks associated with activities listed as Restricted Discretionary Activities in Chapter 6 - Natural Features and Landscapes (Table 6A.1);
  4. Earthworks within the dripline of a Notable Tree or Heritage Tree.
  5. Quarrying which is incidental to earthworks beinq undertaken as part of preparation of land for subdivision, use and development within the Tauriko Business Estate.

4C.3.1 Restricted Discretionary Activity – Standards and Terms

Restricted Discretionary Activities shall comply with the following standards and terms:

  1. For earthworks that do not comply with Rule 4C.2.6 – Mean High Water Springs (MHWS), Permanently Flowing River or Stream or Wetland:
    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 and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.
  2. For earthworks that do not comply with Rule 4C.2.8 – Special Ecological Areas:
    1. A qualified ecologist shall prepare an assessment of the effects of the proposed activity on the ecological values of that Special Ecological Area;
    2. The assessment shall have particular regard to the factors, values and associations that make the area a Special Ecological Area, considering those matters outlined in Appendix 5A: Special Ecological Area (SEA) Register.

4C.3.2 Restricted Discretionary Activity – Matters of Discretion and Conditions

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

4C.3.2.1 For Earthworks in all Zones

  1.  In considering activities that do not comply with Rule 4C.2.2(b) – All Zones the Council restricts the exercise of its discretion to how the proposed methods of erosion and sediment control will meet the intended purpose of Appendix 4N – Erosion and Sediment Control Measures;
  2.  In considering activities that do not comply with Rule 4C.2.2 c) – All Zones the Council restricts the exercise of its discretion to considering the degree of slope and the risk of instability taking into account the volume of earthworks and any appropriate alternative methods of retention.

4C.3.2.2 For Earthworks in Escarpment Areas – Tauriko Business Estate (excluding Gargan Plateau Escarpment)

  1.  The extent to which the activity will maintain landform and vegetation that provide visual screening and a backdrop with rural character to business development when viewed from residential and rural areas;
  2.  The extent to which particular regard has been had to the appearance of the site, building or structure as viewed from rural or residential properties in the surrounding environment. This shall be demonstrated through a visual assessment prepared by a qualified landscape architect (or other qualified design professional approved by Council).

4C.3.2.3 For Earthworks in Special Ecological Areas

In considering activities that do not comply with Rule 4C.2.8 – Special Ecological Areas the Council restricts the exercise of its discretion to:

  1. The recommendations or outcomes of any assessment required under Rule 4C.3.1 b) – Restricted Discretionary Activity – Standard and Terms;
  2.  Rule 5A.6.2 c) and e) – Restricted Discretionary Activity – Matters of Discretion.

4C.3.2.4 For Earthworks within Mean High Water Springs, a Permanently Flowing River or Stream, or Wetland

In considering activities that do not comply with Rule 4C.2.6 – Mean High Water Springs (MHWS), Permanently Flowing River or Stream or Wetland the Council restricts the exercise of its discretion to:
  1. The recommendations or outcomes of any assessment required under Rule 4C.3.1 a) – Restricted Discretionary Activity – Standards and Terms;
  2.  Rule 13A.11.2.3 b) iii), v) and vi) – Restricted Discretionary Activity – Matters of Discretion and Conditions - Setbacks.

4C.3.2.5 For Earthworks in Flood Hazard Plan Areas

In considering activities that do not comply with Rule 4C.2.4 – Flood Hazard Plan Area the Council restricts the exercise of it discretion to:

  1. The degree to which the earthworks will modify natural ponding areas and drainage systems, including overland flowpaths, and the extent to which water flow is impeded and/or displaced;
  2. The degree to which inundation of buildings or structures on the site or surrounding land, or other land can be avoided, remedied or mitigated;
  3. Consideration of whether an engineering assessment is required to accurately determine the extent of any impediment or displacement effect and any recommendations of that assessment.

4C.3.2.6 For Earthworks where Quarrying is being undertaken as an incidental activity

In considering activities provided under Rule 4C.3 e) the Council restricts the exercise of its discretion to the following matters:

  1. The effects of traffic generation on the surrounding transport network;
  2. Sediment and erosion effects, unless otherwise mitigated through conditions of approved earthworks;
  3. The effects of noise and hours of operation in terms of the standards in Rule 4E.2.14 – Construction Noise.

 

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