12E.4  Restricted Discretionary Activity Rules

Updated 22 March 2021

The following are Restricted Discretionary Activities: 

1. Subdivision within the Wairakei Town Centre Zone, Wairakei Neighbourhood Centre Zone or the Papamoa East Employment Zone; 
2. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term (unless stated otherwise). 

12E.4.1 Non-Notification – Wairakei 

Any application for a resource consent made under Rule 12E.4 a) – Restricted Discretionary Activity Rules in the Wairakei Town Centre Zones, the Wairakei Neighbourhood Centre Zone or the Papamoa East Employment Zone shall not be notified, or served on affected persons. 

12E.4.2 Restricted Discretionary Activity Standards and Terms 

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

12E.4.2.1 Subdivision within Wairakei Town Centre Zone, Wairakei Neighbourhood Centre Zone or Papamoa East Employment Zone 

An assessment shall be provided with an application for resource consent which confirms the following: 

1. The subdivision design and layout shall be in accordance with the approved Comprehensive Development Consent (Wairakei Urban Growth Area) under Rule 17A.14 e) – Restricted Discretionary Activity Rules or 18A.15 e) – Restricted Discretionary Activity Rules or any variations granted to it; that is, the subdivision is to implement the consent granted under that rule; 
2. All new allotments are provided with minimum building platform levels (relative to NZVD16 Datum) in accordance with the following: 
   1. 4.6m RL for allotments that is proposed for non-habitable residential buildings; 
   2. 4.7m RL for allotments that is proposed for commercial and industrial buildings; 
   3. 4.9m RL for allotments that is proposed for habitable buildings; 
3. Use of ground soakage for the disposal of stormwater from roofs of residential buildings (unless shown to be not practicable) and is encouraged to be used for non-residential buildings. 

Note: Subdivision that does not comply with Rules 12E.4.2.1 b) and c) - Subdivision within Wairakei Town Centre Zone, Wairakei Neighbourhood Centre Zone or Papamoa East Employment Zone remains a Restricted Discretionary Activity under Rule 12E.4 – Restricted Discretionary Activity Rules. 

Note: Subdivision that does not comply with Rule 12E.4.2.1 a) Subdivision within Wairakei Town Centre Zones, Neighbourhood Centre Zone or Papamoa East Employment Zone is a Non-Complying Activity under Rule 12E.6 – Non-Complying Activity Rules. 

12E.4.3 Restricted Discretionary Activities – Matters of Discretion and Conditions 

In determining whether to grant or refuse consent and what conditions, if any, to impose the Council will have regard to the following: 

12E.4.3.1 Non-Compliance with a Controlled Activity Standard and Term 

In considering an activity described as a Restricted Discretionary Activity in Rule 12E.4 b) – Restricted Discretionary Activity Rules the Council restricts the exercise of its discretion to: 

1. The matters over which the Council has reserved control in Rule 12E.3.2 – Controlled Activity - Matters of Control and Conditions. 

12E.4.3.2 Subdivision within Wairakei Town Centre Zones, Wairakei Neighbourhood Centre Zone and Papamoa East Employment Zone

In considering an activity described as a Restricted Discretionary Activity in Rule 12E.4 a) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

1. The implementation of, or compliance with, any required comprehensive development consent (Wairakei Urban Growth Area) conditions required under Rule 17A.14 e) – Restricted Discretionary Activity Rules or 18A.15 e) – Restricted Discretionary Activity Rules, that need to be implemented through subdivision including associated easements and/or covenants and consent notices; 
2. How the subdivision: 
   1. Meets the infrastructure requirements of Diagram 11, Section 5, (Plan Maps, Part B) (Wairakei Urban Growth Area and Staging Plan); 
   2. Meets the standards and terms in Rule 12E.4.2.1 a) and b) Subdivision within Wairakei Town Centre Zones, Neighbourhood Centre Zone or Papamoa East Employment Zone; ​
3. Whether the land being subdivided is suitable for urban subdivision having regard to ground conditions and geotechnical assessment; 
4. The imposition of conditions relating to implementing the matters in Rule 12E.4.3.2 a) and c) – Subdivision within Wairakei Town Centre Zones, Wairakei Neighbourhood Centre and Papamoa East Employment Zones above; 
5. The imposition of conditions that require a detailed design report to be submitted with detailed engineering designs and calculations for stormwater management, mitigation and water quality applicable to the development area or sub stage of that area.