"8D.4  Restricted Discretionary Activity Rules"

Proposed Amendment

"The following are Restricted Discretionary Activities:

1. Any activity that does not comply with Rule 8D.3 - Permitted Activity Rules;
2. Any activity listed as a Restricted Discretionary Activity in Table 8D.1: Flood Hazards Activity Status (Overland Flowpath, Floodplain and Flood Prone Area)."

"8D.4.1 Non-Notification"

"Any resource consent application made that meets all the standards and terms under Rule 8D.4 – Restricted Discretionary Activity Rules shall be considered without public or limited notification unless:

1. The Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991; or
2. There are affected protected customary rights groups or affected customary marine title groups in accordance with section 95(B)(2) of the Resource Management Act."

"8D.4.2 Restricted Discretionary Activities - Matters of Discretion"

"8D.4.2.1 Walls and Fences"

"In considering activities that do not comply with Rule 8D.3.1 – Walls and Fences, the Council restricts the exercise of its discretion to:

1. The extent to which the proposal mitigates on site flood hazard;
2. The extent to which the proposal mitigates flood hazard on neighbouring properties or properties further downstream and upstream;
3. The extent to which the proposal provides for the conveyance of the water in the floodplain or overland flowpath."

"8D.4.2.2 Minor Overland Flowpaths"

"In considering activities that do not comply with Rule 8D.3.2 – Minor Overland Flowpaths or which are classified as Restricted Discretionary Activities in Table 8D.1: Flood Hazards Activity Status (Overland flowpath, Floodplain and Flood Prone Area), the Council restricts the exercise of its discretion to:

1. The extent to which the proposal changes the entry and/or the exit points of the overland flowpath;
2. The extent to which the proposal mitigates on site flood hazard caused by the overland flowpath, including setting of minimum freeboard level;
3. The extent to which the proposal mitigates flood hazard caused by the overland flowpath on neighbouring properties or properties further downstream;
4. The extent to which the proposal mitigates erosion caused by the overland flowpath on site or further downstream;
5. The extent to which the proposal provides for the conveyance of water in a minor overland flowpath;
6. The provision for safe evacuation of people from the activity during flood events;
7. The extent to which the proposal provides for access and maintenance to maintain safe passage of water and minimise risk in an intense rainfall event."

"8D.4.2.3 Floodplains and Major Overland Flowpaths"

"In considering activities that do not comply with Rule 8D.3.3 – Major Overland Flowpaths and Floodplains, Rule 8D.3.4 – Additions in Floodplains or which are classified as Restricted Discretionary Activities in Table 8D.1: Flood Hazards Activity Status (Overland flowpath, Floodplain and Flood Prone Area), the Council restricts the exercise of its discretion to:

1. The extent to which the proposal mitigates on site flood risk, including setting of minimum freeboard level;
2. The extent to which the proposal mitigates flood risk on neighbouring properties or properties further downstream or upstream;
3. The effects of any decrease of water storage capacity of the floodplain or major overland flowpath;
4. The extent to which the proposal provides for the conveyance of water in the major overland flowpath or floodplain;
5. The provision for safe evacuation of people from the activity during flood events;
6. The effects of any activity or proposed goods storage if mobilized in an intense rainfall event;
7. The extent to which mitigation measures are taken so that the design of the car parking ensures that vehicles do not move and cause damage to any buildings or cause blockage of an overland flowpath or floodplain."

"8D.4.2.4 Flood Prone Areas"

"In considering activities that do not comply with Rule 8D.3.5 – Flood Prone Areas, the Council limits the exercise of its discretion to:

1. The extent to which the proposal mitigates on site flood risk, including setting of minimum freeboard level;
2. The provision for safe evacuation of people from the activity during flood events;
3. The extent to which the proposal mitigates flood risk on neighbouring properties or properties further downstream;
4. The extent to which the proposal will affect the Council drainage system, neighbouring properties or properties further downstream when the stormwater is removed from the building after a flood event;
5. The extent to which internal fittings are set above the flood level;
6. For business activities and industrial activities, the extent to which any generators, internal fittings and any goods are protected from flood damage;
7. The extent to which any other specific design for an activity will increase flood risk on site, on neighbouring properties and on properties further downstream."

"8D.4.2.5 Additions in Flood Prone Areas"

"In considering activities that do not comply with Rule 8D.3.6 – Additions in Flood Prone Areas, the Council restricts the exercise of its discretion to:

1. The extent to which the proposal mitigates on site flood risk, including setting of minimum freeboard level;
2. The extent to which the proposal mitigates flood risk on neighbouring properties or properties further downstream;
3. The provision for safe evacuation of people from the activity during flood events;
4. The extent to which the proposal ensures that the activity within the critical building continues in its normal function during and after a 1% AEP rainfall event concurrent with a 5% AEP storm-tide event, taking into account the effects of climate change on rainfall and sea level based on the RCP 8.5 median scenario as of the year 2130."

Plan Change 27 – Legal effect