4E.3  Restricted Discretionary Activity Rules

Updated 2 December 2017

The following are Restricted Discretionary Activities:

1. The erection of new or extensions to existing residential activities, schools and tertiary education premises and health centres between the Air Noise Boundary and the Outer Control Boundary as shown on Diagram 3, Section 5, Plan Maps (Part B);
2. ​Activities that do not comply with Rule 4E.2 – Permitted Activity Rules.

4E.3.1 Restricted Discretionary Activities – Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to the following matters:

1. The sensitivity of the receiving environment to the effects of the noise and the effects that noise will have on potential receivers, especially where the affected activity has a component where people need to sleep or concentrate;
2. The character of the locality or activities within the zone (including traffic and pedestrian activity) and level of background noise;
3. The location of the activity in relation to any nearby residential activities and the extent to which the noise generated will affect the amenity values of those surrounding residential activities;
4. The extent to which the design and location of the principal activity and any ancillary activities incorporate noise mitigation and management techniques to reduce noise levels;
5. Whether the activity will contribute to the cumulative effects of noise.
6. In considering activities that do not comply with Rule 4E.2.5 – Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation:
   1. The matters in 4E.1.2 – Objective - Reverse Sensitivity and 4E.1.2.3 – Policy - Reverse Sensitivity:  Residential Dwellings in proximity to the Strategic Road Network (excluding secondary arterial roads) or a New Zealand Transport Agency designation;
   2. Whether the design, including location, and methods and construction techniques proposed are likely to avoid or mitigate reverse sensitivity effects on the strategic road network (excluding secondary arterial roads) or a New Zealand Transport Agency designation;
   3. Whether the proposed ventilation system will provide for a comfortable living environment; and
   4. Conditions of consent to avoid or mitigate reverse sensitivity effects on the strategic road network (excluding secondary arterial roads) or a New Zealand Transport Agency designation.
7. In considering activities that do not comply with Rule 4E.2.6 – The Rail Network – Managing Reverse Sensitivity Effects:
   1. The matters in 4E.1.2 – Objective - Reverse Sensitivity and 4E.1.2.2 – Policy - Reverse Sensitivity: Activities in Proximity to the Port, Rail Network and Airport;
   2. Whether the design, including location, and methods and construction techniques proposed are likely to avoid or mitigate reverse sensitivity effects on the rail network;
   3. Whether the proposed ventilation system will provide for a comfortable living environment; and
   4. Conditions of consent to avoid or mitigate reverse sensitivity effects on the rail network or work proposed under a rail designation.

Definitions in this section

activity/activities

construction

council

environment

health centres

residential activities

schools

strategic road network

tertiary education premises