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Tauranga City Plan

4H.2  Permitted Activity Rules

Updated 2 December 2017


Note: For radio and telecommunication masts, aerials, antenna dishes, antenna panels and electric lines meeting the definition of a "Network Utility (Network Utilities)" refer to Chapter 10 - Network Utilities and Designations.

Note: For amateur radio configurations refer to Rule 4H.2.4 Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones.

Note: Where an activity does not comply with a Permitted Activity Rule for Permitted Intrusions, it shall be assessed under the Activity Status of the relevant Chapter Rule with the exception of Amateur Radio Configurations which shall be assessed under the activity status contained within Chapter 4 - General Rules (Permitted Intrusions).

Note: Permitted Intrusions in the Transmission Plan Area will need to comply with the New Zealand Electrical Code of Practice 2001:34.

Note: For the avoidance of doubt artificial crop protection structures in the Rural Zone, Greenbelt Zone or Future Urban Zone are not covered by the provisions of Rule 4H.2 and shall instead be considered under Rule 16A.8.2 - Building Height, Rule 16A.8.3 - Streetscape, Rule 16A.8.4 - Setbacks, Rule 16A.8.5 - Overshadowing, and Rule 16A.8.6 - Artificial Crop Protection Structures, or if within a Rural Marae Community Zone, Rule 16B.3.2 - Building Height, Rule 16B.3.3 - Streetscape, Rule 16B.3.4 - Setbacks and Rule 16B.3.5 - Overshadowing.


4H.2.1 Permitted Setback Intrusions

  1. A design feature or building component may intrude into a building setback within all zones, by the following amounts:
    1. Eaves up to 0.6 metres;
    2. Any design feature or other building component (whether as a single intrusion or in combination) up to 0.6 metres for a single or combined length of no more than 4 metres into each setback;
  2. For the purpose of remediating dwellings with face fixed claddings the following shall apply:
    1. A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code.

Note: Refer to Appendix 4M - Permitted Setback Intrusions.


4H.2.2 Permitted Overshadowing Envelope Intrusions

  1. A design feature or building component may intrude through the overshadowing envelope within all zones subject to the following:
    1. The design feature or building component shall not exceed an external measurement of 2 metres in any direction (excluding diagonal measurements)
    2. No more than a total of two design features or building components shall intrude into the envelope;
  2. Gable end roofs may intrude through the overshadowing envelope within all zones by no more than one third of the perpendicular height of the gable end;
  3. For the purpose of Weathertight Homes remediation the following shall apply:
    1. A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code;
  4. Private (for residential and recreational purposes) radio and telecommunication antennas (being no greater than 2m2 in area) and aerials (being no greater than 80mm in diameter).

4H.2.3 Permitted Height and Viewshaft Protection Area Intrusions

  1. In Commercial Zones or Industrial Zones:
    1. A design feature or building component which does not exceed the maximum permitted height by more than 3 metres and the area of the top floor by more than 2%;
    2. Satellite and microwave dishes, radio and telecommunication aerials and antenna dishes and antenna panels which comply with the provisions of Chapter 10 - Network Utilities and Designations;
  2. In all other zones:
    1. A design feature or building component, which does not exceed the maximum permitted height by more than 2 metres and/or an external dimension of 2 metres in any other direction (excluding diagonal measurements);
    2. Satellite and microwave dishes, radio and telecommunication aerials and antenna which comply with the provisions of Chapter 10 - Network Utilities and Designations; or
    3. Private (for residential and recreational purposes) radio and telecommunication antennas (being no greater than 2m2 in area) and aerials (being no greater than 80mm in diameter) excluding amateur radio configurations;
  3. In the Port Industry Zone:
    1. Port cranes or floodlight towers provided for by Rule 18A.12.1.3 - Port Industry Zone;
  4. For the purpose of Weathertight Homes remediation the following shall apply:
    1. A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code.

4H.2.4 Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones


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


The following amateur radio configurations are permitted activities under this Rule, unless:

  1. the provisions of Rule 4l - Purpose of the Specified Airport Slopes and Surfaces applies; and/or
  2. they are proposed to be located within or on one or more of the following Plan Areas: Special Ecological Plan Area; Outstanding Natural Features and Landscapes Plan Area, Important Amenity Plan Area; Coastal Hazard Erosion Plan Area, Coastal Protection Plan Area, Flood Hazard Plan Area; High Voltage Transmission Plan Area; and/or
  3. They are proposed to be located within or on the site of an Item listed in Appendix 7A - Register of Built Heritage or Appendix 7B - Register of Significant Maori Areas, or an archaeological site identified on Council's GIS database.


in which case the provisions of Rule 4l - Purpose of the Specified Airport Slopes and Surfaces, the relevant Plan Area(s) and/or heritage provisions shall prevail:

Antennas
 

  1. Where attached to a building or other structure (including a mast) radio and telecommunications antenna up to and including 2m in diameter for an antenna dish and not exceeding 2m2 in area or 2m in any dimension for a panel antenna; provided the antenna does not overhang a site boundary; and
  2. One pedestal mounted antenna per site provided that:
    1. The antenna is pivoted less than 4m above the ground with a maximum diameter of 5m; and
    2. The pedestal and/or the antenna are located in accordance with the streetscape, setback and overshadowing standards applying to buildings in the zone in which they are located.

      Aerials
  3. Aerials that comply with the following:
    1. Any of the elements making up the aerial do not exceed 80mm in diameter;
    2. For horizontal HF yagi aerials, the maximum element length does not exceed 14.9m, and the boom length does not exceed 13m;
    3. No part of the aerial (including aerial wires) overhangs a site boundary;
    4. The streetscape and setback standards applying to buildings in the applicable Residential Zone or Rural Residential Zone (except that aerial wires are not required to comply with the streetscape and setback standards);
    5. No part of the aerial exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m (except for vertical aerials as provided for under (vi) below); and
    6. For vertical aerials, one vertical aerial to a maximum height of 20m, provided there is only one vertical aerial or one supporting structure (and attached aerial(s) or antenna(s)) under (i) below per site that exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m.

      Supporting structures
  4. No more than six support poles for wire aerials of less than 115mm in outside diameter per site provided:
    1. The maximum height of the support poles is the maximum building height applying in the zone in which they are located;
    2. The streetscape, setback and overshadowing standards shall not apply to these support poles;
    3. Where guy wires are used these must not exceed 12mm in diameter; and
  5. One pole support structure (excluding support poles for wire aerials) or lattice support structure per site provided that:
    1. The maximum height of the pole support structure is 9m and the maximum inscribed circle of the pole and any lowering mechanism shall be 600mm below 4m in height and 115mm above 4m; or
    2. The maximum height of the lattice support structure is 9m and the maximum inscribed circle of the lattice support structure and any lowering mechanism shall be 900mm below 8m in height and 660mm above 8m; and
    3. The pole or lattice structure is located in accordance with the streetscape and setback standards applying to buildings in the zone in which they are located. For the purpose of this rule the overshadowing standards shall not apply to the pole or lattice support structure; and
    4. Where guy wires are used these must not exceed 12mm in diameter; and
    5. At no point must any guy wire overhang the boundary.
  6. For each site, one support structure (in addition to support structures permitted under Rule 4H.2.4 g) - Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones and h) that exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m, provided that:
    1. Any attached antenna complies with Rule 4H.2.4 d) - Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones and any attached aerial complies with Rule 4H.2.4 f) - Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones (excluding f)(v));
    2. The maximum height of the support structure and any attached aerials or antennas is 20m;
    3. There is no vertical aerial on the site permitted under Rule 4H.2.4 f) (vi) - Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones that exceeds the stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m;
    4. The supporting structure may be one of the following:
      1. A guyed mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m shall be 115mm; or
      2. A guyed lattice mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m shall be 300mm. The mast may be of constant width or tapering; or
      3. A self-supporting lattice mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m must fit within a tapering envelope with a maximum inscribed circle of 660mm at 9m and 420mm at 20m; or
      4. A self-supporting tubular mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m must fit within a tapering envelope with a maximum inscribed circle of 230mm at 9m and 115mm at 20m.
    5. There may be local enlargement of support structure to accommodate a rotator mechanism;
    6. There may be a lowering mechanism on a support structure provided that the diameter of the support structure and lowering mechanism does not exceed the dimensions specified in Rule 4H.2.4 (i) (iv)(1)-(4) - Permitted Activities - Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones above;
    7. The supporting structure is located in accordance with the streetscape and setback standards applying to buildings in the applicable Residential Zone or Rural Residential Zone. For the purpose of this rule the overshadowing standards shall not apply to the supporting structure;
    8. Where guy wires are used these must not exceed 12 mm in diameter;
    9. At no point must any guy wire overhang the boundary.

Note: The provisions of 4I Purpose of the Specified Airport Slopes and Surfaces also apply and if not met shall prevail over this rule.


4H.2.5 Restricted Discretionary Activity Rules - Amateur Radio Configurations in the Residential and Rural Residential Zones

The following is a Restricted Discretionary Activity:

  1. Any amateur radio configuration in the Residential and Rural Residential Zones that does not comply with Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones.

4H.2.5.1 Restricted Discretionary Activity - Standards and Terms - Amateur Radio Configurations in the Residential and Rural Residential Zones

  1. No amateur radio configuration within any identified Viewshaft Protection Area shall exceed the maximum height identified within the Plan Maps (Part B).

Note: Any Activity that does not comply with Rule 4H.2.5.1 - Restricted Discretionary Activity - Standards and Terms - Amateur Radio Configurations in the Residential and Rural Residential Zones will result in the activity being considered a Discretionary Activity in accordance with the Objectives and Policies for the zone in which it is located and the relevant Natural Features and Landscapes Objectives and Policies.

Note: The provisions of 4I Purpose of the Specified Airport Slopes and Surfaces also apply and if not met shall prevail over this rule.


4H.2.5.2 Restricted Discretionary Activity - Matters of Discretion and Conditions - Amateur Radio Configurations in the Residential and Rural Residential Zones

In considering whether to grant consent and what conditions, if any, to impose Council shall have regard to:

  1.  The bulk, form and scale, location and number of aerials, antennas or associated supporting structures and the extent to which the proposal would lead to a visual dominance and loss of visual amenity as viewed by adjoining and adjacent properties and the surrounding neighbourhood;
  2. The extent to which the proposal would reduce adverse visual and amenity impacts through design measures including location on site, materials used, and finish of materials including colour;
  3. The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites; and
  4. In the case of pedestal antenna not complying with overshadowing standards the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential or rural residential properties.

4H.2.6 Discretionary Activity Rules

The following are Discretionary Activities:

  1. Any Restricted Discretionary Activity that does not comply with Rule 4H.2.5.1 - Restricted Discretionary Activity – Standards and Terms – Amateur Radio Configurations in the Residential and Rural Residential Zones; and
  2. Any Activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity.

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