13A.11 Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

Any Permitted Activity that does not comply with:
1. Rule 13A.8.2 – Building Scale (in relation to an activity within the Open Space Zones, excluding the Conservation Zone);
2. Rule 13A.8.3 – Overshadowing;
3. Rule 13A.8.4 – Setbacks;
4. Rule 13A.8.5 – Streetscape;
5. Rule 13A.8.6 - Establishment, Maintenance or Demolition of a Building or Structure.
Any Permitted Activity undertaken within a Scheduled Site with an underlying Active Open Space Zone or Passive Open Space Zone that does not comply with a building scale rule, excluding:
1. Multi-level development outside Sub-Zone A in accordance with Appendix 13A: Mount Maunganui Golf Course Scheduled Site – Outline Development Plan which is a Prohibited Activity, except as provided for by Rule 13A.9.2.3 – Permitted Activity Intrusions into Sub-Zone A.

13A.11.1 Restricted Discretionary Activities – Standards and Terms

Note: Any activity that does not comply with Rule 13A.11.1 – Restricted Discretionary Activities – Standards and Terms shall be considered a Discretionary Activity.

Restricted Discretionary Activities that do not comply with Rule 13A.8.4 - Setbacks shall comply with the following standards and terms:

A qualified landscape architect shall prepare a landscape and visual assessment for any application for resource consent;
The assessment shall have particular regard to the open space character and factors, values and associations that contribute to the areas landscape character and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.

13A.11.2 Restricted Discretionary Activities - Matters of Discretion and Conditions

13A.11.2.1 Building Scale

In considering activities that do not comply with Rule 13A.8.2 – Building Scale or Scheduled Site activities that do not comply with a building scale rule, the Council restricts the exercise of its discretion to:

The extent to which the size or proportion of the open space area and its ability to absorb new buildings or structures and activities, is compromised;
Building design and appearance, including site design and building layout;
The extent to which the building or structure visually dominates its site or surrounding sites;
The nature, location and extent of any proposed earthworks;
The use of materials on the exterior of any building or structure, including the use of colour;
The extent to which the bulk and scale of the building or structure is compatible with the surrounding landscape character;
The extent of any landscape planting to mitigate against the effects of increased building scale.

13A.11.2.2 Overshadowing

In considering activities that do not comply with Rule 13A.8.3 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced sunlight and daylight.

13A.11.2.3 Setbacks

In considering activities that do not comply with Rule 13A.8.4 a) - Setbacks the Council restricts the exercise of its discretion to:
1. The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;
2. The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites;
3. The extent to which the proposal would address potential adverse impacts through design measures including, but not restricted to, step breaks in façades, and minimisation of the length of encroachment into the setback.
In considering activities that do not comply with Rule 13A.8.4 b) or c) - Setbacks the Council restricts the exercise of its discretion to:
1. The height, scale, and location of any building, structure, or sign;
2. The use of material on the exterior of any building or structure, including the use of colour;
3. The nature, location and extent of any proposed earthworks;
4. The location and design of access, parking areas; infrastructure and services or fences;
5. Whether the proposed activity, building or structure will adversely affect the indigenous flora and fauna values and whether retention of indigenous and exotic vegetation, reinstatement of indigenous vegetation or provision of new indigenous planting is required.
6. Whether the proposed activity, building or structure will adversely affect the factors, values and associations of a specific landscape feature and whether retention of specific landscape features or reinstatement of those features is required.

13A.11.2.4 Streetscape

In considering activities that do not comply with Rule 13A.8.5 - Streetscape the Council restricts the exercise of its discretion to:

The extent to which the proposal would adversely impact on the maintenance of a consistent setback from the street and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the street and from adjoining sites;
The extent to which the proposal addresses potential adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public-private interface.