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Tauranga City Plan

8B.4  Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

  1. Any activity that does not comply with Rule 8B.3 - Permitted Activity Rules;
  2. Any activity listed as Restricted Discretionary in Table 8B.1: Natural Hazards Activity Status (CHEPA and Coastal Protection Plan Area).

8B.4.1 Non - Notification

Any application for a resource consent made under Rule 8B.4 – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons. 

8B.4.2 Restricted Discretionary Activity - Standards and Terms 


Note: Any activity that does not comply with Rule 8B.4.2 - Restricted Discretionary Activity - Standards and Terms shall be considered a Non-Complying Activity.


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

8B.4.2.1 Activities within the Coastal Hazard Erosion Plan Area (CHEPA)

  1. All activities undertaken within the Coastal Hazard Erosion Plan Area, shall include those matters in accordance with Appendix 8A: Information Requirements Within the CHEPA;
  2. All activities, must be able to be relocated and removed with minimal disturbance to the land or adjacent land.

8B.4.2.2 Additions to, or the Replacement of, any Lawfully Established Building or Structure within the Current Erosion Risk Zone (CERZ)

Additions to, or the replacement of, any existing lawfully established building or structure within the Coastal Erosion Risk Zone that is proposed to exceed the building envelope or footprint of the existing building or structure, provided that:

  1. The activity complies with Rule 8B.4.2.1 – Activities within the Coastal Hazard Erosion Plan Area
  2. The additional gross floor area (GFA) at ground level does not exceed 20m2 (as measured from the floor area existing at 25 June 2005);
  3. The addition or replacement project no further seaward than the existing external surfaces of the building or structure (as measured from the floor area existing at 25 June 2005). 

Note: Any activity that does not comply with Rule 8B.4.2.2 b) or c) - Additions to, or the Replacement of any Existing Building or Structure within the Current Erosion Risk Zone shall be considered a Prohibited Activity


8B.4.2.3 Activities Within the Coastal Protection Plan Area

  1. For all activities within the Coastal Protection Plan Area that involve the clearance of indigenous vegetation/clearance of exotic vegetation, a coastal processes engineer shall prepare an assessment on the effects of the proposed vegetation clearance on coastal dune stability and coastal hazards;
  2. The assessment shall have particular regard to and address the matters outlined in 8B.1.1.13 – Policy Coastal Protection Plan Area.

8B.4.3 Restricted Discretionary Activity - Matters of Discretion

8B.4.3.1 Activities within the Coastal Hazard Erosion Plan Area/ Additions to, or the Replacement of, any Lawfully Established Building or Structure within the Current Erosion Risk Zone 

The Council restricts the exercise of its discretion to:

  1. The extent to which the proposed activity will be able to be relocated or removed from the site with minimal disturbance to the foredune, the site or adjacent sites;
  2. The degree to which the proposed activity is likely to: 
    1. Accelerate, worsen or result in further damage to the subject site, other land, or structures or buildings caused either directly or indirectly by coastal erosion or inundation;
    2. Be subject to damage from erosion and inundation;
    3. Compromise the natural buffering ability of the foredune system;
    4. Reduce the nett risk of coastal erosion and inundation hazards;
  3. The on-going provision of access to a minimum width of 3 metres to the alternative building site to enable manoeuvring, appropriate to the nominated method of relocation, is provided to ensure that buildings can be practicably moved;
  4. The provision of an alternative building site; and that any alternative building site remains as vacant land for the duration of the land-use consent until it is required for the relocation of buildings, structures or any activity on the land to which it is contiguous;
  5. The requirement that land located in the Coastal Hazard Erosion Plan Area and the alternative building site shall be held in the same certificate of title in perpetuity;
  6. The requirement that subdivision (existing and new allotments) be provided with alternative building sites. Such requirements and any on-going conditions, such as those requiring periodic review, shall be registered on the certificate of title for the allotment(s) created by way of consent notice;
  7. The matters to which any report from a Coastal Processes Engineer is to have regard as set out in the information requirements in Appendix 8A: Information Requirements (within the Coastal Hazard Erosion Plan Area)
  8. The provision for a review of conditions being required under section 128 of the Resource Management Act 1991. This review would be initiated where defined hazard risk circumstances occur on the site, particularly:
    1. When the crest of the foredune or the top of any dune scarp recedes to a point within 10 metres or less from the nearest part of the building;
    2. The review will enable the actual risk to be considered at that time, and appropriate mitigation measures implemented through changed consent conditions, should this be deemed necessary, including, but not limited to, requiring the relocation of any building, structure or other works to the alternative building site and/or further monitoring; 
  9. The requirement that the removal or relocation of the building from the site to the alternative building site when the crest of the foredune or the top of any dune scarp recedes to a point within 5 metres or less from the nearest part of the building;
  10. Requiring that, on relocation, all materials used in constructing the building, including foundations, be removed from the Coastal Hazard Erosion Plan Area and that the site within the Coastal Hazard Erosion Plan Area be reinstated, to maintain the natural shape of the foredune by reference to the existing natural shape of the dune in the vicinity of the reinstatement works. As a minimum, the volume of sand between the 100-year Erosion Risk Zone boundary and the toe of the foredune (per metre of frontage) is not reduced to less than that existing before reinstatement works were required;
  11. For the harvesting of forestry in existence at the notification of the Plan, the following shall apply:
    1. Techniques to ensure that the existing formation of the dunal system prior to harvesting is retained;
    2. Requirements for mitigation planting to retain the existing formation of the dunal system following harvesting;
    3. Requirements for remediation of the dunal system once the forest is harvested.

8B.4.3.2 Activities within the Coastal Protection Plan Area 

The Council restricts the exercise of its discretion to:

  1. Any recommendations resulting from the coastal processes engineer assessment of effects on coastal dune stability and coastal hazards;
  2. The degree to which the proposed clearance of indigenous vegetation/clearance of exotic vegetation, and resulting activity is likely to:
    1. Accelerate, worsen or result in further damage to the subject site, other land, or structures or buildings caused either directly or indirectly by coastal erosion or inundation through the clearance of indigenous vegetation/clearance of exotic vegetation;
    2. Be subject to damage from erosion and inundation;
    3. Compromise the natural buffering ability of the foredune system;
    4. Reduce the nett risk of coastal erosion and inundation hazards. 

 

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