14 Residential Zones -...

14 Residential Zones 12 March 2016 Page i of ii

8 October 2016

14 Residential Zones

Section 14A 1 14A Purpose of the Residential Zones .................................................................................................. 1 14A.1 Objectives and Policies of the Residential Zones ........................................................................ 3

Section 14B 1 14B Purpose of the Suburban Residential Zone, Wairakei Residential Zone and the Large Lot Residential Zone .............................................................................................................................................. 1 Proposed Amendment .................................................................................................................................... 1 14B Purpose of the Suburban Residential Zone, Wairakei Residential Zone and the Large Lot Residential Zone .............................................................................................................................................. 1 Plan Change 25 – No Legal Effect .................................................................................................................. 1 14B.1 Objectives and Policies for the Suburban Residential Zone, the Wairakei Residential Zone

and the Large Lot Residential Zone ............................................................................................... 3 Proposed Amendment .................................................................................................................................... 3 14B.1 Objectives and Policies for the Suburban Residential Zone, the Wairakei Residential Zone and the Large Lot Residential Zone ............................................................................................................... 3 Plan Change 25 – No Legal Effect .................................................................................................................. 3 14B.2 Activity Status Rules ....................................................................................................................... 7 14B.3 Permitted Activity Rules ............................................................................................................... 12 14B.4 Scheduled Sites and Papamoa Medium Rise Plan Area – Special Permitted Activity

Conditions ...................................................................................................................................... 18 14B.5 Controlled Activity Rules .............................................................................................................. 26 Proposed Amendment .................................................................................................................................. 32 Plan Change 25 – No legal effect ................................................................................................................. 32 14B.6 Restricted Discretionary Activity Rules ...................................................................................... 33 14B.7 Discretionary Activity Rules ......................................................................................................... 64 14B.8 Non-Complying Activities ............................................................................................................. 67

Section 14C 1 14C Purpose of the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone ........... 1 14C.1 Objectives and Policies for the Urban Marae Community Zone and the Ngati Kahu

Papakainga Zone ............................................................................................................................. 1 14C.2 Activity Status Rules ....................................................................................................................... 3 14C.3 Permitted Activity Rules ................................................................................................................. 6 14C.4 Restricted Discretionary Activity Rules ...................................................................................... 11 14C.5 Discretionary Activity Rules ......................................................................................................... 13 14C.6 Non-Complying Activities ............................................................................................................. 13

Section 14D 1 14D Purpose of the City Living Zone .................................................................................................... 1 14D.1 Objectives and Policies for the City Living Zone ......................................................................... 1 14D.2 Activity Status Rules ....................................................................................................................... 5 14D.3 Permitted Activity Rules ................................................................................................................. 7 14D.4 Restricted Discretionary Activity Rules ........................................................................................ 8 14D.5 Discretionary Activity Rules ......................................................................................................... 14 14D.6 Non-Complying Activity Rules ..................................................................................................... 15

Section 14E 1 14E Purpose of the High Density Residential Zone............................................................................. 1 14E.1 Objectives and Policies of the High Density Residential Zone ................................................... 1 14E.2 Activity Status Rules ....................................................................................................................... 3 14E.3 Permitted Activity Rules ................................................................................................................. 4

14 Residential Zones 12 March 2016 Page ii of ii

8 October 2016

14E.4 Controlled Activity Rules ................................................................................................................ 8 14E.5 Restricted Discretionary Activity Rules ........................................................................................ 9 14E.6 Discretionary Activity Rules ......................................................................................................... 10 14E.7 Non-Complying Activities ............................................................................................................. 12 14E.8 Prohibited Activities ...................................................................................................................... 12

Section 14F 1 14F Purpose of the Wairakei Residential Zone .................................................................................... 1 14F.1 Objectives and Policies for the Wairakei Residential Zone ........................................................ 2 14F.2 Activity Status Rules ....................................................................................................................... 4 14F.3 Permitted Activity Rules ................................................................................................................. 5 14F.4 Controlled Activity Rules .............................................................................................................. 11 14F.5 Restricted Discretionary Activity Rules ...................................................................................... 13 14F.6 Discretionary Activity Rules ......................................................................................................... 21 14F.7 Non-Complying Activities ............................................................................................................. 22

Appendices 1 Appendix 14A: Reduced Levels of Maximum Height Plane Relative to Boundaries, Mount Maunganui High Rise Plan Area ......................................................................................................................................... 1 Appendix 14B: Bulk and Location Controls for High Rise Plan Area Sites, Maunganui Road ............... 2 Appendix 14C: Overshadowing ..................................................................................................................... 3 Appendix 14D: City Living Zone Building Heights ....................................................................................... 4 Appendix 14E: City Living Zone Setbacks .................................................................................................... 5 Appendix 14F: City Living Zone Sunlight Admission to Independent Dwelling Units ............................. 6 Appendix 14G: City Living Zone Visual Outlook .......................................................................................... 7 Appendix 14H: Outline Development Plan, Tauranga Hospital .................................................................. 8 Appendix 14I: Outline Development Plan, The Elms ................................................................................... 9 Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheet 1 ............................. 10 Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheet 2 ............................. 11 Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheet 3 ............................. 12 Appendix 14K: Outline Development Plan, Example ................................................................................. 13 Appendix 14L: Outline Development Plan – Te Paeroa Road, Bethlehem Scheduled Site ................... 14 Appendix 14M: Outline Development Plan – Papamoa Medium Rise Plan Area - Sheet 1 .................... 15 Appendix 14M: Outline Development Plan – Papamoa Medium Rise Plan Area - Sheet 2 .................... 16 Appendix 14M: Outline Development Plan – Papamoa Medium Rise Plan Area - Sheet 3 .................... 17 Appendix 14N: Outline Development Plan – Central Bethlehem Scheduled Site Sheet 1 ..................... 18 Appendix 14N: Outline Development Plan – Central Bethlehem Scheduled Site Sheet 2 ..................... 19 Appendix 14O: General Location of Emergency Overland Flowpaths - Wairakei .................................. 20 Appendix 14O: General Location of Emergency Overland Flowpaths – Wairakei ................................. 21 Appendix 14O: Setbacks for the Wairakei Residential Zone - Sheet 1 .................................................... 22 Appendix 14O: Setbacks for the Wairakei Residential Zone - Sheet 2 .................................................... 23

8 March 2017

14 Residential Zones 8 October 2016 Section 14A Page 1 of 8

Section 14A

14A Purpose of the Residential Zones The growth in demand for residential land within the City raises significant resource management issues. These range from the timing, staging and affordable development of new urban growth areas to ensuring the yield of residential land resources is efficient through minimum requirements for subdivision and land use. Such development must be undertaken in a manner that addresses potential adverse environmental effects and ensures quality urban and suburban environments are delivered.

In the existing, more established residential areas resource management issues arise from the consolidation of urban growth through intensification or infill subdivision/development opportunities while still providing for suburban living opportunities with a distinctive low density character.

The strategic response of the Plan to these issues is to provide for a range of Residential Zones within the City. These range from high density developments with some provision for high rise development at Mount Maunganui, residential activities in commercial centres such as the City Centre; medium density development; traditional low density suburbs with some provision for appropriately designed infill opportunities and a specific area for large lot residential development at Pyes Pa West.

The new urban growth yield area at Wairakei (Papamoa East) is a significant new urban area and requires a comprehensive design approach for development and subdivision based around several residential neighbourhoods, a planned town centre, and associated employment area. A population of at least 8,500 people has been planned for in the Wairakei Urban Growth Area. Planning provisions support achieving a target average nett yield of dwellings, internal and external integration of land use, services, transportation and community infrastructure.

Proposed Amendment The new urban growth yield area at Wairakei (Papamoa East) is a significant new urban area and has requires a comprehensive design approach for development and subdivision within the urban growth area based around several residential neighbourhoods, a planned town centre, and associated employment area. A population of at least 7,500 8,500 people has been planned for in the Wairakei Urban Growth Area. Planning provisions for the Wairakei Residential Zone support achieving a target average nett yield of dwellings, internal and external integration of land use, services, transportation and community infrastructure. Plan Change 25 – No Legal Effect

Provision is also made in the new urban growth yield areas of Pyes Pa West, Kennedy Road, Hastings Road and West Bethlehem for medium density development that is clearly identified in the initial subdivision of that land and balanced by additional controls to ensure amenity and character are preserved through such development.

In addition, provision is made, through the resource consent process, for higher density developments in the Suburban Residential Zone subject to specific criteria based on location, amenity, character and other effects of higher density development on the Suburban Residential Zone. The Rural Residential Zone (Chapter 15 – Rural Residential Zones) provides another lifestyle choice. Provision is also made for the unique mix of activities, including residential activity, occurring within the City’s urban marae.

In all the Residential Zones there are opportunities, in dwelling forms compatible within each zone, for other accommodation types (for example shared accommodation (for students or groups with special residential living needs), rest homes and retirement villages).

Small scale home-based business and homestays are permitted within the Residential Zones in conjunction with the principal residential use of sites. A limited range of non-residential activities that support communities, such as schools and health centres, can establish within the zones, subject to their compatibility with the existing and anticipated residential character and amenity of each zone, and subject to the maintenance of residential activity as the predominant activity in the Residential Zones.


Proposed Amendment

It is anticipated that schools, community facilities and tertiary education premises will be established within the Wairakei Residential Zone as it develops over time. These activities will support and provide for the needs of this growing community. Provision is made through the resource consent process for these activities to establish subject to specific criteria based on their compatibility with the existing and anticipated urban character and amenity.

Plan Change 25 – No Legal Effect


14A.1 Objectives and Policies of the Residential Zones

14A.1.1 Objective – Urban Form and Sustainable Management of the Residential Land Resource

Residential greenfield, infill development and intensification provide for an integrated, liveable and

sustainable community, incorporating high quality urban design outcomes, maintains and enhances landscape character and amenity, and providing a variety of forms of low density, medium density and high density residential development that:

a) Occurs in an orderly, efficient and integrated manner;

b) Minimises any adverse environmental effects of development on water and soil quality, land stability, amenity, landscape character and the transport network.

14A.1.1.1 Policy – Urban Form and Efficient Distribution of Residential Land Use

By ensuring urban development is undertaken in a sustainable, effective and efficient manner with potential adverse environmental impacts, including the financial sustainability of urban development, addressed through the planned and managed release of urban growth areas, implemented through a distribution of residential zonings to ensure residential development occurs in locations that:

a) Are consistent with the growth management policies of the Bay of Plenty Regional Policy Statement;

b) Provides for a sustainable range of residential opportunities within the City;

c) Can be efficiently serviced in a financially sustainable manner by existing or planned infrastructure, including through staged release of land for development;

d) Has particular regard to landscape character and avoids potential impacts on primary production activities;

e) Avoids development of areas where natural hazards cannot be adequately mitigated.

14A.1.1.2 Policy – Urban Form and Consolidation

By ensuring that land available for residential development is used efficiently to limit the extent of land used for the purpose by:

a) Providing a minimum allotment size in the Suburban Residential Zone that encourages infill development by both subdivision and site redevelopment within the limits of maintaining the character and amenity of that zone;

b) Requiring minimum average nett yields from both new urban growth areas and comprehensively planned intensification areas;

c) Enabling mixed use activity with minimum average nett yields for independent dwelling units or residential allotments in the neighbourhood centres and the town centre of the Wairakei Urban Growth Area.

Proposed Amendment

c) Enabling mixed use activity with minimum average nett yields for independent dwelling units or residential allotments in the neighbourhood centres and the town centre Neighbourhood Centre Zone and Town Centre Zone (Core and Fringe) of the Wairakei Urban Growth Area.


14A.1.1.3 Policy – Urban Form New Growth Areas

By ensuring that the development of new urban growth areas is undertaken in a coordinated and comprehensive manner that gives effect to and is consistent with urban growth plan requirements and incorporates a variety of forms, including both low density and medium density residential development. Where medium density development is proposed it is to be undertaken as a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Plan Area). Overall a target average nett yield for subdivision and development of new housing is as required under Chapter 12 – Subdivision, Services and Infrastructure for an urban growth area is to be achieved.


Proposed Amendment

By ensuring that the development of new urban growth areas is undertaken in a coordinated and

comprehensive manner that gives effect to and is consistent with urban growth plan requirements and incorporates a variety of forms, including both low density and medium density residential development. Where medium density development is proposed it is to be undertaken as a comprehensively designed development (Suburban Residential Zone – urban growth areas, and Papamoa Medium Plan Area and Wairakei Residential Zone Medium Rise Plan Area). Overall a target average nett yield for subdivision and development of new housing is as required under Chapter 12 – Subdivision, Services and Infrastructure for an urban growth area is to be achieved.


14A.1.1.4 Policy – Urban Form and Intensification

By ensuring that residential intensification is undertaken in a comprehensively planned manner that has

regard to:

a) The identification of areas through dedicated zoning that addresses the cumulative environmental effects of higher density residential development;

b) The integration of higher density development with efficient movement of people within the transport network;

c) Direction of higher residential densities towards nodes of greater activity, (including employment and recreation), and areas of amenity that offset the reduction in open space and recreation opportunities from that found in lower density suburban residential environments;

d) Consideration through the resource consent process of medium density residential development against the direction provided in 14B.1.3.2 - Policy – Density of Development - Medium Density Development in the Suburban Residential Zone.

e) Providing a minimum average nett yield of 20 dwellings per hectare within any identified intensification area.

f) The potential for mixed use development within commercially zoned neighbourhood centres and town centres.

14A.1.2 Objective - Residential Diversity and Densities

A range of dwelling types and densities, to meet varied residential needs in a way that is compatible with existing and anticipated residential character, amenity and environmental characteristics.

14A.1.2.1 Policy – Residential Diversity and Densities

By providing for various densities of residential development by:

a) Identifying, through zoning, areas suitable for high density, medium density and low density residential development taking into account the existing residential character and amenity of these areas and the capacity of existing infrastructure;

b) Providing for residents requiring specialised accommodation where the adverse effects on local residential character and amenity can be mitigated;

c) Providing for mixed use activity with minimum average nett yields for independent dwelling units or residential allotments in the Wairakei Residential Zone and neighbourhood centres of the Wairakei Urban Growth Area

Proposed Amendment

c) Providing for mixed use activity with minimum average nett yields for independent dwelling units or residential allotments in the Wairakei Residential Zone and neighbourhood centres Neighbourhood Centre Zone of the Wairakei Urban Growth Area


14A.1.3 Objective - Activities in the Residential Zones

Residential activities remain the predominant activity in Residential Zones while providing for flexibility for the operation of home-based business, homestays, visitor accommodation and a limited range of community support services subject to their compatibility with the amenity of the Residential Zones as defined by specific provisions.


14A.1.3.1 Policy - Activities in the Residential Zones

By providing for a variety of residential activities to establish in Residential Zones while:

a) Providing for a scale of home-based businesses, including homestays, that are of an ancillary and secondary nature to the residential activity on the site and do not create off-site effects on the residential neighbourhood, character, amenity and the transport network.

b) Providing for a limited range of community support activities, being smaller-scale tertiary education premises; schools; health centres and places of worship that provide community support functions for residents within the Residential Zones, and are compatible with existing and anticipated residential amenity in terms of: i) Location and scale, including the attraction of visitors to the site and hours of operation; ii) The nature of the activity’s actual and potential adverse effects on the surrounding residential

neighbourhood, character, amenity and the transport network.

c) Providing for the limited expansion of existing legally established offices (established as at 12 April 2008) on sites in Residential Zones, in recognition of the previous investment in such properties under previous planning provisions, provided these activities can: i) Meet the residential bulk and location controls and parking requirements that are applied to

permitted land use activities in the Residential Zones; ii) Are compatible with the existing and anticipated residential character and amenity of the

surrounding residential neighbourhood.

d) Limiting the establishment of non-residential activities in the relevant Residential Zones that are expected to be located in the Commercial Zones or Industrial Zones to ensure: i) Avoidance of an adverse cumulative effect on the residential character and amenity of the

relevant Residential Zone; ii) Maintenance of the integrity of the network of commercial centres, with regard to the objectives

and policies for commercial development.

e) Ensuring that visitor accommodation activities are established in locations and at a scale compatible with residential amenity and character, with particular regard to built form, scale and appropriate location within the transport network.

f) Enabling the operation of offices ancillary to showhomes in the Residential Zones: i) In the established residential areas zoned Suburban Residential and Large Lot Residential

outside of the financial contribution urban growth areas provided the residential amenity, scale and intensity (including visitors attracted to the site), character, and coherence of the surrounding residential neighbourhood is maintained;

ii) In the financial contribution urban growth areas zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone in a manner that recognises the transitional establishment phase of new residential areas while maintaining a residential scale and intensity of development and ensuring the mitigation of potential adverse effects relating to parking, access and signage;

iii) And in the case of areas covered under either 14A.1.3.1 f) i) or ii) Policy – Activities in the Residential Zones above the mitigation of potential adverse effects on the transport network.

Proposed Amendment

g) Provide for the needs of the new urban community within the Wairakei Residential Zone through the establishment of schools, tertiary education premises and community facilities that are compatible with the existing and anticipated urban character and amenity in terms of:

i) The nature of the activity’s actual and potential adverse effects on the surrounding neighbourhood, character, amenity and the transport network.

Plan change 25 – No legal Effect

14A.1.4 Objective – Scheduled Sites in the Residential Zones

The effects of the development on specific Scheduled Sites on the surrounding environment have been mitigated.

14A.1.4.1 Policy – Scheduled Sites in the Residential Zones

a) By ensuring that land identified as a scheduled site is developed in a manner that enables the special permitted activities on the site to occur while addressing the potential adverse environmental effects on the surrounding environment in terms of: i) Overshadowing and heights of buildings;


ii) Streetscape with reference to setbacks, open space on site and landscaping; iii) Traffic movements, access and parking;

b) Land scheduled at 90 Waihi Road has regard to: i) Mitigation of visual effects from business activity and buildings when viewed from the Suburban

Residential Zone through landscape planting and building controls; ii) Integration with the surrounding environment, including building bulk and scale consistent with

that required in the Suburban Residential Zone.

c) Land scheduled at Bureta Park Inn has regard to: i) Extensive landscaping planting and setbacks of buildings to ensure mitigation of visual effects

on the amenity of the surrounding residential environment; ii) Restriction on access to ensure the mitigation of traffic impacts on Vale Street; iii) Restriction of building bulk and the provision of open space within the scheduled site.

d) Land scheduled for hospital activities at Cameron Road has regard to: i) Landscaping planting and setbacks of buildings to ensure mitigation of visual effects on the

amenity on the surrounding residential environment; ii) Restriction on access to ensure the mitigation of traffic impacts; iii) Providing for a range of activities consistent with the predominant use of the site for a hospital

and ancillary services.

e) Land scheduled for hospital activities at Grace Hospital, Cheyne Road has regard to: i) Provision for the development and functioning of a hospital (including ancillary services) and the

amenity of adjacent and adjoining residential properties by the application of specific assessment criteria to mitigate the effect of hospital activity in the environment to enable cohesive integration of hospital and suburban residential activity in the area.

f) Land scheduled for visitor accommodation at the Armitage Site has regard to: i) The visual, overshadowing and building dominance effects of large-scale building(s) when

viewed from the City Living Zone and from the Tauranga Domain; ii) The streetscape of Brown Street and Willow Street with reference to on-site frontage setbacks,

open space and landscaping and the established street trees in the vicinity; iii) Provision for ancillary activities that complement the predominant use of the site for visitor

accommodation; iv) Restriction of vehicular access to Brown Street and Park Street and mitigation of traffic effects

on the street network.

g) Land scheduled at The Elms provides for the limited range of special controlled activities to support the ongoing management and maintenance of The Elms and has regard to: i) The historic values and features of the site; ii) Landscape planting and setbacks of buildings to ensure mitigation of visual effects on the

amenity of the surrounding residential environment; iii) Restriction of building bulk and the provision of open space on the site.

h) Land scheduled at Te Paeroa Road, Bethlehem has regard to: i) Measures to maintain the function and manage adverse effects on the safe and efficient

operation of the transport network, with particular regard to the State Highway 2/Te Paeroa Road roundabout, and any vehicle access to Te Paeroa Road identified on Appendix 14L: Outline Development Plan - Te Paeroa Road, Bethlehem Scheduled Site;

ii) Temporary restriction of the level of office activity within the Commercial Plan Area until 1 January 2016. Exceptions to this restriction should only be considered only where a local demand for the office activity can be demonstrated;

iii) Restricting built development to ensure that development integrates into the sites surrounding Suburban Residential Zone;

iv) Landscape planting to provide a balanced treatment of built form and planting to reinforce and integrate the site into the surrounding Suburban Residential Zone;

v) Restricting the establishment of any business activity, not otherwise permitted in the Scheduled Site, to ensure: 1) Avoidance of an adverse cumulative effect on the existing and anticipated residential

character and amenity of the surrounding Suburban Residential Zone; 2) Avoidance of the extension of existing commercial zones in the vicinity by allowing further

commercial activities; 3) Maintenance of the integrity of the network of commercial centres consistent with the

objectives and policies for commercial development;


4) Ensuring a building bulk and scale consistent with that existing or anticipated in the surrounding Suburban Residential Zone;

5) Landscape planting to provide a balanced treatment of built form and planting that will integrate the site development within the surrounding environment including the Suburban Residential Zone.

i) By ensuring that any land use activity within the Central Bethlehem Scheduled Site is carried out in a manner that: i) Mitigates adverse effects on landscape character and amenity effects on the surrounding

environment, with particular regard to be given to the Scheduled Site’s pre-development rural landscape character, in terms of: 1) The interface of the Scheduled Site with adjoining Rural Zone, Rural Residential Zone

and Open Space Zone and along the northern and southern escarpments within the Central Bethlehem Scheduled Site. In this location, the identified mitigation option is landscape planting; and

2) Visual connectivity across the Central Bethlehem Scheduled Site to the Wairoa River, as viewed from the top of the northern escarpment and from Moffat Road. In this location the identified mitigation option is through an open landscaped corridor/stormwater swale system;

ii) Avoids, remedies or mitigates potential adverse effects associated with the geotechnical constraints and natural hazards within the Central Bethlehem Scheduled Site and on adjoining escarpments;

iii) Recognises the limitations of Council’s existing infrastructural capacity; iv) Avoids, remedies or mitigates adverse effects on the function, and safe and efficient operation

of the transport network, with particular regard to the State Highway 2/Te Paeroa Road roundabout.


14 Residential Zones 8 October 2016 Section 14B Page 1 of 68

Section 14B

14B Purpose of the Suburban Residential Zone, Wairakei Residential Zone and the Large Lot Residential Zone

Proposed Amendment

14B Purpose of the Suburban Residential Zone, Wairakei Residential Zone and the Large Lot Residential Zone


The purpose of the Suburban Residential Zone is to provide for low density suburban residential development in a wide variety of locations across the City in the form of low, generally one to two storey detached dwellings (although with careful design more stories could be accommodated) with a high ratio of on-site open space to building. In keeping with the nature of a lower density environment there is an expectation of a high level of private on-site amenity and leisure opportunities provided for through the regulation of on-site private open space.

As a component of the provision for city growth and offering a variety of housing types for the City’s residents, there is provision on larger sites within the zone for shared accommodation facilities for larger non-family situations and for smaller ancillary one to two bedroom dwellings.

In recognition of the specialised accommodation needs of some of the City’s residents, a variety of accommodation types are provided for in the form of shared accommodation for those who require support in their day to day living. Also due to the current and anticipated changes in the demographic composition of the population, small-scale retirement villages and small scale rest homes are provided for. These types of residential accommodation are appropriate in that they are compatible with the existing and anticipated residential character.

Provision is also made for the consideration of retirement villages with more intensive use of larger sites in terms of the number of independent dwelling units and/or dwelling unit equivalents per area of site in the Suburban Residential Zone through the resource consent process. This is in recognition of the distinctly different nature of occupancy (in particular the lower occupancy rates) of independent dwelling units within retirement villages and the associated reduced demand on public infrastructure. Such facilities are provided with the ability to incorporate a more intensive use of sites where this use is balanced and considered through a comprehensive design approach, with a particular focus on addressing the interface with adjacent land use.

Provision is made for the consideration of medium density development in the Suburban Residential Zone through the consent process. Acknowledging that medium density development introduces a range of possible effects, specific policy guidance sets out the considerations for this development to ensure that the integrity of the Suburban Residential Zone is maintained. The Plan anticipates that medium density development will occur as comprehensive development in the Suburban Residential Zone.

The Medium Rise Plan Area is applied at Pyes Pa West and Papamoa. These Plan Areas enable greater diversity and housing choice at selected locations by providing development at a greater scale and density than that provided for generally in the Suburban Residential Zone. Development is expected to be compatible with surrounding suburban residential areas and in the case of Papamoa sensitive to the coastal environment and ecology on the land seaward of Papamoa Beach Road. These Plan Areas are located within proximity of nodes of activity and areas of comparatively higher amenity and balanced by urban design requirements that offsets the reduction of open space, are appropriately located within the transport network in terms of function and the efficient movement of people and either have sufficient infrastructure capacity to accommodate this greater density of development or have the ability to upgrade existing infrastructure at the cost of the developer within the Medium Rise Plan Area to accommodate greater density of development.

The purpose of the Wairakei Residential Zone is to implement a comprehensively planned and staged urban growth area in Papamoa East. The zone recognises Wairakei’s key role in accommodating a significant proportion of the City’s residential growth in a manner that integrates with existing urban growth areas in Papamoa and future urban growth areas such as Te Tumu, directly east.


The zone enables efficient use of serviced urban land by setting minimum average nett yields for independent dwelling units or residential allotments with a comprehensive design approach expected. This approach will translate the required urban densities into a built form that is predominantly urban in character, with compact detached or multi unit, multi level housing types likely to prevail.

The development pattern in this zone will relate closely to the design, layout and development of the neighbourhood centres, collector roads, local reserves, stormwater management areas, Papamoa East Employment Zone and the Wairakei town centre. These elements are to be taken into account when assessing development and subdivision through implementing the Wairakei Urban Growth Plan and Structure Plan.

Cultural view corridors to significant maunga are retained including Mauao, Te Rae O Papamoa (Papamoa Hills) and Otawa along roads as shown on the Wairakei Urban Growth Plan. This includes the sensitive alignment of roads identified at the time of the initial comprehensive land use consent or subdivision. Main roads should be orientated to maintain these cultural view corridors.

Proposed Amendment

The purpose of the Wairakei Residential Zone is to implement a comprehensively planned and staged urban growth area in Papamoa East. The zone recognises Wairakei’s key role in accommodating a significant proportion of the City’s residential growth in a manner that integrates with existing urban growth areas in Papamoa and future urban growth areas such as Te Tumu, directly east.

The zone enables efficient use of serviced urban land by setting minimum average nett yields for independent dwelling units or residential allotments with a comprehensive design approach expected. This approach will translate the required urban densities into a built form that is predominantly urban in character, with compact detached or multi unit, multi level housing types likely to prevail.

The development pattern in this zone will relate closely to the design, layout and development of the neighbourhood centres, collector roads, local reserves, stormwater management areas, Papamoa East Employment Zone and the Wairakei town centre. These elements are to be taken into account when assessing development and subdivision through implementing the Wairakei Urban Growth Plan and Structure Plan.

Cultural view corridors to significant maunga are retained including Mauao, Te Rae O Papamoa (Papamoa Hills) and Otawa along roads as shown on the Wairakei Urban Growth Plan. This includes the sensitive alignment of roads identified at the time of the initial comprehensive land use consent or subdivision. Main roads should be orientated to maintain these cultural view corridors.

Plan Change 25 – No legal effect

The purpose of the Large Lot Residential Zone is to provide for low density residential development on areas of land within the larger Pyes Pa West Urban Growth Area that are not able to be developed to typical residential densities because of topographic constraints. Due to the much larger site sizes in this zone on-site private open space is not regulated as in the Suburban Residential Zone, but the same suburban character of low rise, detached dwellings with a high on-site ratio of open space to buildings is expected as in the Suburban Residential Zone.


14B.1 Objectives and Policies for the Suburban Residential Zone, the Wairakei Residential Zone and the Large Lot Residential Zone

Proposed Amendment

14B.1 Objectives and Policies for the Suburban Residential Zone, the Wairakei Residential Zone and the Large Lot Residential Zone


14B.1.1 Objective - Bulk and Scale of Buildings in the Suburban Residential Zone and Large Lot Residential Zone

Buildings that are of a bulk and scale compatible with the existing and anticipated suburban residential character and amenity anticipated for the zone.

14B.1.1.1 Policy - Bulk and Scale of Buildings in the Suburban Residential Zone and Large Lot Residential Zone – Building Height and Overshadowing

By ensuring buildings are restricted to a height and building envelope that:

a) Provides flexibility for a range of residential building forms in the varied topographical conditions of the zone;

b) Avoids the potential adverse impacts of over height buildings on surrounding dwellings, including their outdoor living areas, and on public open space including the streetscape or skyline through overshadowing, overlooking or visual dominance of buildings;

c) Provides for increased height opportunities in the Medium Rise Plan Area in recognition of the incidental amenity of open space and outlook in that locality;

d) Avoids the potential adverse impacts of overshadowing on surrounding dwellings, including their outdoor living areas.

14B.1.2 Objective - Site Layout and Building Design - Suburban Residential Zone and Large Lot Residential Zone

Development within the zones provides a residential amenity consistent with a suburban residential character that is characterised by space about buildings, on-site open space, provision of sunlight and privacy.

14B.1.2.1 Policy – Site and Building Design - Suburban Residential Zone and Large Lot Residential Zone

By ensuring the layout and design of development in the zone:

a) Provides building setbacks between sites that ensure a physical separation of buildings between sites, access for building maintenance, contributes to the visual and aural privacy of adjoining sites;

b) Retains the majority of the site as open space to ensure the bulk of development within the zone is consistent with a suburban residential character;

c) Provides a useable area of outdoor open space for on-site recreation and leisure; and cumulatively contributes to the overall open nature of the surrounding neighbourhood;

d) Ensures that buildings are setback from the road boundary to provide a consistent streetscape that provides opportunities for landscape planting and encourages passive surveillance of the road;

e) Cumulatively contributes to the overall open nature of the surrounding neighbourhood.


14B.1.2.2 Policy – Site and Building Design - Suburban Residential Zone – Properties adjoining the Bethlehem Town Centre Complex

Development on land zoned for residential purposes and located to the north and west of the Bethlehem Town Centre Complex should be designed and located to mitigate reverse sensitivity effects on activities within the complex.

14B.1.3 Objective - Density of Development in the Suburban Residential Zone and Large Lot Residential Zone

To ensure a low density of development that provides for a range of residential activities compatible with a suburban residential character of low, predominantly detached, residential dwellings with private on-site open space and open space between sites incorporating dedicated areas of intensification through appropriately located medium density development in the Suburban Residential Zone.

14B.1.3.1 Policy - Density of Development - Suburban Residential Zone and Large Lot Residential Zones

By specifying densities for sites in the Suburban Residential Zone and Large Lot Residential Zone that are

appropriate for their context as follows:

a) A low density of dwellings for most sites within the Suburban Residential Zone;

b) Providing for the integrated development of secondary independent dwelling units on larger residential sites in the Suburban Residential Zone and in the Large Lot Residential Zone, while ensuring such development is compatible with the amenity and character of the zone through compliance on-site and off-site with the suburban building envelope;

c) Applying a Large Lot Residential Zone to areas within the Pyes Pa West Urban Growth Area, which are topographically difficult and geotechnically constrained for conventional residential development and yield requirements, but able to take advantage of reticulated services for water and wastewater and provide residential opportunities;

d) Providing for the integrated development of rest home, retirement village and shared accommodation types to meet the specialised accommodation needs of the City’s residents, that are compatible with the existing and anticipated suburban residential character and development density;

e) Providing for greater density of development on larger sites within the Suburban Residential Zone for the purpose of retirement villages, where adverse effects on the existing and anticipated suburban residential character, Council’s infrastructure and the transport network can be avoided and/or mitigated;

f) Providing for medium density development in specific areas identified in the Plan as Medium Rise Plan Areas and ensuring that other medium density development is appropriately located and is comprehensively planned development.

14B.1.3.2 Policy - Density of Development - Medium Density Development in the Suburban Residential Zone

While recognising that the primary purpose of the Suburban Residential Zone is for low density independent dwelling units, providing for medium density development considered on a case by case basis to ensure the efficient use of residential land, where:

a) The development is planned and implemented as a comprehensively designed development (Suburban Residential Zone – outside of Urban Growth Areas);

b) The development addresses the interface with adjacent lower density development, with specific regard to the amenity and character of adjacent development or the interrelationship with the coastal environment where relevant;

c) The bulk and scale of buildings is consistent with the specific objectives and policies of the Suburban Residential Zone including any design mitigation provided through the overall development design, including areas of communal open space;

d) Development is located within proximity to areas of comparatively higher amenity such as open space, or community focal points such as City, Town, Sub-Regional or Neighbourhood commercial centres;

e) Development is appropriately located within the transport network with regard to the objectives and policies of the Plan for transportation;

f) Adequate services and infrastructure capacity is available or can be provided as part of the development.


14B.1.3.3 Policy - Density of Development – Retirement Villages in the Suburban Residential Zone

Providing for retirement villages on larger sites with greater density of development within the Suburban Residential Zone in recognition of their unique occupancy rates in circumstances where:

a) The retirement village is designed in a comprehensive manner to ensure that adverse effects on the existing and anticipated suburban residential amenity and character values are avoided and / or mitigated;

b) Adverse effects on the transport network arising from the development are avoided and / or mitigated;

c) Adverse effects on Council’s infrastructural capacity are avoided and / or mitigated.

14B.1.4 Objective – Comprehensive Development in the Wairakei Residential Zone

Development within the Wairakei Residential Zone creates an urban landscape character, which is characterised by comprehensively designed, compact detached or multi unit, multi level housing types set in a planned, new community setting.

14B.1.4.1 Policy – Comprehensive Development in the Wairakei Residential Zone

By ensuring that development in the Wairakei Residential Zone:

a) Enables a mix of low density and medium density housing that can meet minimum average nett yields, based around logical stages of development including subdivision. Higher yield development is also encouraged where this can make efficient use of available infrastructure;

b) Applies a comprehensive approach to provide design flexibility for a range of residential building forms and densities, from detached housing to multi level, multi unit housing styles balanced with open space and other infrastructure needs;

c) Has adequate physical separation of buildings between sites for building maintenance and emergency services access, contributes to visual and aural privacy of adjoining sites, provides useful outdoor space for on-site recreation and leisure, and building setbacks from the road boundary to provide a consistent streetscape character when viewed along the street;

d) Ensures large land development areas are considered in an integrated manner with land use first and then subdivision. Infrastructure requirements are an integral part of this design process, including creating cultural view corridors along main roads towards Mauao, Te Rae o Papamoa and Otawa, and are to be addressed as part of that design process;

e) Is comprehensively designed with an emphasis on urban rather than suburban residential character.

Proposed Amendment

14B.1.4 Objective – Comprehensive Development in the Wairakei Residential Zone

Development within the Wairakei Residential Zone creates an urban landscape character, which is characterised by comprehensively designed, compact detached or multi unit, multi level housing types set in a planned, new community setting.

14B.1.4.1 Policy – Comprehensive Development in the Wairakei Residential Zone


a) Enables a mix of low density and medium density housing that can meet minimum average nett yields, based around logical stages of development including subdivision. Higher yield development is also encouraged where this can make efficient use of available infrastructure;

b) Applies a comprehensive approach to provide design flexibility for a range of residential building forms and densities, from detached housing to multi level, multi unit housing styles balanced with open space and other infrastructure needs;

c) Has adequate physical separation of buildings between sites for building maintenance and emergency services access, contributes to visual and aural privacy of adjoining sites, provides useful outdoor space for on-site recreation and leisure, and building setbacks from the road boundary to provide a consistent streetscape character when viewed along the street;


d) Ensures large land development areas are considered in an integrated manner with land use first and then subdivision. Infrastructure requirements are an integral part of this design process, including creating cultural view corridors along main roads towards Mauao, Te Rae o Papamoa and Otawa, and are to be addressed as part of that design process;

e) Is comprehensively designed with an emphasis on urban rather than suburban residential character. Plan Change 25 – No legal effect


14B.2 Activity Status Rules

14B.2.1 Activities in Suburban Residential, Wairakei Residential and Large Lot Residential Zones

All activities in Suburban Residential Zone, Wairakei Residential and Large Lot Residential Zone shall have the status identified in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status. Symbols used in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Note: Residential activities, visitor accommodation, homestay, schools, tertiary education facilities and health centres shall be subject to Rule 4E.2.5 – Port Industry Zone and Noise Control Boundaries.

Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status

Use/Activity Relevant Rule

Suburban Residential

Large Lot Residential

Wairakei Residential

Accessory buildings, structures and activities

P

(Refer Rule 14B.3) P

(Refer Rule 14B.3)

RD (P) (Refer Rule 14B.6) With the exception

of permitted Amateur Radio Configurations (refer relevant Rule 4H.2.4)

Additions to the floor area of existing offices legally established before 12 April 2008

14B.7 D D n/a

Business activities not listed elsewhere in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status

14B.8 NC NC NC

Places of Worship

D

(Refer Rule 14B.7)

D

(Refer Rule 14B.7)

RD

(Refer Rule 14B.6)

Comprehensively designed development in the Suburban Residential Urban Growth Yield Areas

14B.5 C n/a n/a

Comprehensively designed development in the Pyes Pa West Urban Growth Area, Suburban Residential Medium Rise Plan Area

14B.5 C n/a n/a

Comprehensively designed development in the Papamoa Medium Rise Plan Area - Inland and Beachside Neighbourhoods.

14B.6.19 RD n/a n/a

Comprehensive development consent

in the Wairakei Urban Growth Area 14B.6 n/a n/a RD

Demolition of buildings/structures 14B.4.8 P P P

Health centres D

(Refer Rule 14B.7) D

(Refer Rule 14B.7) RD

(Refer Rule 14B.6)

Home-based business P


(Refer Rule 14B.3) RD (P)

(Refer Rule 14B.6)

Homestays P



(Refer Rule 14B.6)






Independent dwelling units P



(Refer Rule 14B.6)

Industrial activities 14B.8 NC NC NC

Minor public recreational facilities and activities

14B.3 P P P

Office ancillary to a showhome outside of a Financial Contribution Urban Growth Area

14B.6 RD RD n/a

Office ancillary to a showhome within

a Financial Contribution Urban Growth Area

14B.5 C C RD (C)

(Refer Rule 14B.6)

Permitted Activities within Scheduled Sites

14B.4 P n/a n/a

Residential activities and activities in the Central Bethlehem Scheduled Site that are otherwise listed in this table as permitted in the Suburban Residential Zone

14B.6 RD (P) n/a n/a

Rest home P



(Refer Rule 14B.6)

Retirement village P



(Refer Rule 14B.6)

Schools

D (Refer Rule 14B.7)


RD (Refer Rule 14B.6)

Secondary independent dwelling units P



(Refer Rule 14B.6)

Shared accommodation

P (Refer Rule 14B.3)


RD (P) (Refer Rule 14B.6)

Showhomes 14B.3 P



(Refer Rule 14B.6)

Special Permitted Activities within the Papamoa Medium Rise Plan Area - Inland and Beachside Neighbourhoods

14B.4.7 P n/a n/a

Tertiary education premises D



(Refer Rule 14B.6)

Urupa P



(Refer Rule 14B.6)

Visitor accommodation D



(Refer Rule 14B.6)

Note: (P) or (C) in this table in relation to the Wairakei Residential Zone means an activity is a permitted activity (excluding Amateur Radio Configurations permitted under Rule 4H.2.4 Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones) or controlled activity provided that the proposed development has been designed and constructed in accordance with a comprehensive development consent granted under Rule 14B.6 g) – Restricted Discretionary Activity Rules and Rule 14B.6.13 – Restricted Discretionary Activity – Standards and Terms – Wairakei Residential Zone.

Note: In this table (P) means that a land use activity within the Central Bethlehem Scheduled Site is a permitted activity if it is identified as a permitted activity within Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status in the Suburban Residential Zone, complies with all the relevant permitted activity rules, and is on an allotment created after 1 January 2013 through subdivision consent granted under Rule 12B.4 e) - Restricted Discretionary Activity Rules.


Proposed Amendment

14B.2.1 Activities in Suburban Residential, Wairakei Residential and Large Lot Residential Zones

All activities in Suburban Residential Zone, Wairakei Residential and Large Lot Residential Zone shall have the status identified in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status. Symbols used in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Note: Residential activities, visitor accommodation, homestay, schools, tertiary education facilities and health centres shall be subject to Rule 4E.2.5 – Port Industry Zone and Noise Control Boundaries.

Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status





Accessory buildings, structures and activities

P


(Refer Rule 14B.3)


With the exception of permitted

Amateur Radio Configurations

(refer relevant Rule 4H.2.4)


14B.7 D D n/a

Business activities not listed elsewhere in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status

14B.8 NC NC NC

Places of Worship

D

(Refer Rule 14B.7)

D

(Refer Rule 14B.7)

RD

(Refer Rule 14B.6)

Comprehensively designed development in the Suburban Residential Urban Growth Yield Areas

14B.5 C n/a n/a

Comprehensively designed development in the Pyes Pa West

Urban Growth Area, Suburban Residential Medium Rise Plan Area

14B.5 C n/a n/a

Comprehensively designed development in the Papamoa Medium Rise Plan Area - Inland and Beachside Neighbourhoods.

14B.6.19 RD n/a n/a

Comprehensive development consent in the Wairakei Urban Growth Area

14B.6 n/a n/a RD

Demolition of buildings/structures 14B.4.8 P P P

Health centres D



(Refer Rule 14B.6)




(Refer Rule 14B.6)






Homestays P



(Refer Rule 14B.6)

Independent dwelling units P



(Refer Rule 14B.6)

Industrial activities 14B.8 NC NC NC


14B.3 P P P

Office ancillary to a showhome outside of a Financial Contribution Urban Growth Area

14B.6 RD RD n/a

Office ancillary to a showhome within

a Financial Contribution Urban Growth Area

14B.5 C C RD (C)

(Refer Rule 14B.6)

Permitted Activities within Scheduled Sites

14B.4 P n/a n/a

Residential activities and activities in the Central Bethlehem Scheduled Site that are otherwise listed in this table as permitted in the Suburban Residential Zone

14B.6 RD (P) n/a n/a

Rest home P



(Refer Rule 14B.6)

Retirement village P



(Refer Rule 14B.6)

Schools



RD (Refer Rule 14B.6)

Secondary independent dwelling units P



(Refer Rule 14B.6)





Showhomes 14B.3 P



(Refer Rule 14B.6)

Special Permitted Activities within the Papamoa Medium Rise Plan Area - Inland and Beachside Neighbourhoods

14B.4.7 P n/a n/a

Tertiary education premises D



(Refer Rule 14B.6)

Urupa P



(Refer Rule 14B.6)

Visitor accommodation D



(Refer Rule 14B.6)

8 October 2016


Note: (P) or (C) in this table in relation to the Wairakei Residential Zone means an activity is a permitted activity (excluding Amateur Radio Configurations permitted under Rule 4H.2.4 Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones) or controlled activity provided that the proposed development has been designed and constructed in accordance with a comprehensive development consent granted under Rule 14B.6 g) – Restricted Discretionary Activity Rules and Rule 14B.6.13 – Restricted Discretionary Activity – Standards and Terms – Wairakei Residential Zone.

Note: In this table (P) means that a land use activity within the Central Bethlehem Scheduled Site is a permitted activity if it is identified as a permitted activity within Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status in the Suburban Residential Zone, complies with all the relevant permitted activity rules, and is on an allotment created after 1 January 2013 through subdivision consent granted under Rule 12B.4 e) - Restricted Discretionary Activity Rules.



14B.3 Permitted Activity Rules

Note: Activities that cannot comply with a Permitted Activity rule will be considered a Restricted Discretionary Activity unless otherwise stated.

14B.3.1 Residential Development Density – Suburban Residential, Large Lot Residential

The maximum development density for residential activities on a site shall be:

Activity Density

Independent dwelling units - Suburban Residential Zone 1 independent dwelling unit per 325m2 of nett site area.

Independent dwelling units – Large Lot Residential Zone 1 independent dwelling unit per 1,000m2 of site area.

Rest home

Sites shall have a minimum site area of 1000m²; 1 bed and/or bedroom per 75m² of site area; Maximum of 20 rest home residents per site (excluding staff).

Retirement village

Sites shall have a minimum site area of 1000m²; 1 independent dwelling unit or it’s dwelling unit equivalent per 325m² of nett site area; 1 rest home bed and/or bedroom per 75m² of site area; Maximum of 20 rest home occupants per site (excluding staff).

Shared accommodation Sites shall be a minimum of 600m2; Maximum of 8 permanent residents per site (excluding staff).

Note: Unless specifically listed elsewhere within the Plan, any Activity that does not comply with Permitted Activity Rule 14B.3.1 - Residential Development Density shall be considered a Discretionary Activity.

14B.3.2 Building Height - Suburban Residential, Large Lot Residential a) The maximum height of any building, with the exception of the permitted intrusions either under Rule

4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be:

Zone Height

Suburban Residential Zone

9m, except: within the Medium Rise Plan Area of the Suburban Residential Zone where the maximum height of any building

shall be 12m.

Large Lot Residential Zone 9m

b) Provided that no building or structure within any identified Viewshaft Protection Area, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps (Part B).

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.2 – Building Height shall be considered a Discretionary Activity.


14B.3.3 Streetscape - Suburban Residential, Large Lot Residential a) All buildings excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions,

on a site with a frontage to a legal road shall be setback from the road boundary of the site as follows: i) 3 metres, except; ii) All buildings on a site adjoining a future road widening designation identified on the Plan Maps (Part

B) shall have the required setback measured from that designation boundary. iii) The provision of on-site parking shall not be located within the required streetscape setback.

14B.3.4 Setbacks - Suburban Residential, Large Lot Residential a) All buildings, excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions

or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall provide the following setbacks from a side or rear boundary: i) A minimum of 1.5 metres from a side or rear boundary; ii) A minimum of 5 metres from the boundary of the Conservation Zone; iii) A minimum of 5 metres from the western or northern boundary of the Bethlehem Commercial

Business Zone; iv) A building may be erected closer to a side or rear setback where, prior to the building works relating

to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5 metres of that property boundary. A maximum of two setbacks may be reduced through this rule.

b) Where an existing building has lawfully established before 15 November 2003 (“the existing building”) in a manner which would now infringe Rule 14B.3.4 a) i) – Setbacks – Suburban Residential, Large Lot Residential, any new building proposed for the adjoining site but sharing a common site boundary with the existing building may infringe Rule 14B.3.4 a) i) – Setbacks – Suburban Residential, Large Lot Residential, but only to the extent that the existing building so infringes on the common site boundary. Where there are existing buildings on more than one common site boundary this exemption can only be applied to one of the commonly affected site boundaries;

c) All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from Mean High Water Springs;

d) All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;

Note: Permitted Activity Rule 14B.3.4 c) and d) - Setbacks does not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.4 - Setbacks, unless otherwise stated, shall be considered a Restricted Discretionary Activity.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.4 a) ii) - Setbacks shall be considered a Non-Complying Activity.

14B.3.5 Setbacks - Traffic Management - Safety - Suburban Residential, Large Lot Residential

All garages or carports designed with direct vehicle access to a road shall be set back at least 4.5 metres from the road boundary.


14B.3.6 Overshadowing - Suburban Residential, Large Lot Residential a) All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted

Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing;

b) A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights of way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property.

14B.3.7 Site Coverage – Suburban Residential Zone

The maximum site coverage in the Suburban Residential Zone shall be:

a) 45% of the nett site area for sites of 500m2 nett site area or greater;

b) 55% of the nett site area for sites of less than 500m2 nett site area.

Note: Unless specifically listed elsewhere within the Plan, any activity that does not comply with Permitted Activity Rule 14B.3.7 - Site Coverage – Suburban Residential Zone shall be considered a Discretionary Activity.

14B.3.8 Site Coverage – Large Lot Residential Zone

The maximum site coverage in the Large Lot Residential Zone shall be 45% of the site area.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.8 - Site Coverage – Large Lot Residential Zone shall be considered a Discretionary Activity.

14B.3.9 Access - Suburban Residential, Large Lot Residential

The maximum number of independent dwelling units, homestays or shared accommodation that can be served by

private rights of ways, private accessway or legal access lot shall be;

Up to and including 2 independent dwelling units, (including any secondary independent dwelling units), only

2.7m minimum legal width with a 2.4m minimum seal width.

3-4 independent dwelling units, (including any secondary independent dwelling units), or up to 2 independent dwelling units that include any one permitted homestay per independent dwelling unit or 2 shared accommodation premises

3m minimum legal width with a 2.5m minimum seal

width.

5-12 independent dwelling units (including any secondary independent dwelling units), or up to 8 independent dwelling units that include any one permitted homestay or up to 8 shared accommodation premises

6m minimum legal width, with a 5.0m minimum seal width provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries.

5 or more independent dwelling units forming part of a retirement village provided that the right of way, accessway or legal access lot is for the exclusive use of that retirement village.



14B.3.10 Outdoor Living Area - Suburban Residential a) In the Suburban Residential Zone each independent dwelling unit shall be provided with an outdoor living

area which shall: i) Be for the exclusive use of the independent dwelling unit; ii) Comprise a continuous minimum area of 50m2 that includes an area with minimum dimensions of 4

metres by 3 metres; 1) either be provided at ground floor level or; 2) as a balcony with a minimum area of no less than 12m2 with the balance provided at ground

level; iii) Be directly accessible from a main living area of the independent dwelling unit it is exclusive to; iv) Be free of driveways, manoeuvring areas, parking and buildings with the exception of decks and

balconies; v) Be unenclosed except for cover by a roof, shade sail or other cover to provide sun protection and/or

eaves (including guttering);

b) Rule 14B.3.10 a) – Outdoor Living Area – Suburban Residential shall not apply to independent dwelling units forming part of a retirement village.

14B.3.11 Homestays - Suburban Residential, Large Lot Residential a) Sites shall have minimum nett site area of 600m2;

b) The homestay shall be associated with and ancillary to an independent dwelling unit on the site, provided that that independent dwelling unit has no ancillary secondary independent dwelling unit, or is not itself a secondary independent dwelling unit;

c) When added together, the maximum gross floor area of all habitable rooms associated with homestay on the site shall not exceed 65m2.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.11 – Homestays – Suburban Residential, Large Lot Residential shall be considered a Non-Complying Activity.

14B.3.12 Home-based Business - Suburban Residential, Large Lot Residential

The maximum development intensity for a home-based business or combination of home-based business activities on a single site shall be:

a) Every home-based business or combination of home-based business activities on a single site may employ not more than two other persons (Full Time Equivalent (FTE)) additional to the members of the household who permanently reside on the site and who own and operate the business from that site;

b) The activity shall be carried out either within a dwelling, an accessory building, or in an outdoor activity area clearly designed and constructed for the purpose of the business or businesses, or a combination of these areas. The maximum total gross area used for the home-based business or combination of home-based businesses, including retail sales space, shall be 50m²;

c) The activity, including any aspect of the activity undertaken in an outdoor activity area, shall not encroach on the setback or streetscape requirements of the site as defined in the Plan;

d) Retail sales from a home-based business or businesses shall be limited to those goods and materials produced by the home-based business or used in the direct operation and management of that business or those businesses on the site. Retail sales shall take place from within a building or structure on the same site and the area occupied for retail sales shall be a constituent part of the gross area of the activity.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.12 - Home-based Business – Suburban Residential, Large Lot Residential shall be considered a Non-Complying Activity.


14B.3.13 Secondary Independent Dwelling Units - Suburban Residential, Large Lot Residential

a) The minimum site size required to accommodate both a principal independent dwelling unit and for the erection of a secondary independent dwelling unit is 500m2 nett site area;

b) Development on the site is restricted to one principal independent dwelling unit and its secondary independent dwelling unit and their accessory buildings;

c) A secondary independent dwelling unit shall be either: i) Encompassed within the bulk of the principal independent dwelling unit, or ii) Encompassed as a second floor to a garage servicing the principal independent dwelling unit;

d) A secondary independent dwelling unit must be capable of functioning as a separate household unit and be physically partitioned from the principal independent dwelling unit or garage by fire separation;

e) A secondary independent dwelling unit shall be limited to a maximum of 2 bedrooms (or 2 rooms other than the main living area capable of being used as bedrooms) in addition to other rooms within the unit (living, kitchen, laundry, bathroom and storage rooms);

f) The building containing both units or both buildings where the secondary independent dwelling unit is encompassed as a second floor to a garage servicing the principal independent dwelling unit shall be subject to Rule 14B.3.2 - Building Height, Rule 14B.3.3 - Streetscape, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone and Rule 14B.3.8 - Site Coverage – Large Lot Residential Zone;

g) Within the Suburban Residential Zone the principal independent dwelling unit shall be provided with an outdoor living area in accordance with Rule 14B.3.10 - Outdoor Living Area – Suburban Residential;

h) Within the Suburban Residential Zone the secondary independent dwelling unit shall be provided with an outdoor living area which shall be: i) A minimum area of 35m2 capable of containing a 4 metre diameter circle; ii) For the exclusive use of the secondary independent dwelling unit; iii) At ground level; iv) Readily accessible from the main living area of the secondary independent dwelling unit it is

exclusive to; or where the secondary independent dwelling unit is provided at second floor readily accessible from the entrance to the secondary independent dwelling unit;

v) Free of driveways, manoeuvring areas, parking, and buildings.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14B.3.13 a), b), c), d) and/or e) - Secondary Independent Dwelling Units – Suburban Residential, Large Lot Residential shall be considered a Discretionary Activity.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14B.3.13 f) or g) - Secondary Independent Dwelling Unit will result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rule 14B.3.13 h) - Secondary Independent Dwelling Unit will result in the activity being considered as a Restricted Discretionary Activity.

14B.3.14 Heavy Machinery - Suburban Residential, Large Lot Residential

No heavy machinery shall be parked, stored or displayed on a site. This excludes one private motor home vehicle per site, regardless of whether that vehicle falls within the definition of heavy machinery, providing the motor home vehicle is parked in compliance with Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential and Rule 14B.3.6 - Overshadowing - Suburban Residential, Large Lot Residential. Heavy Machinery may visit and use a site to pick up or deliver goods or materials, or during construction.

Note: Any activity that does not comply with Permitted Activity Rule 14B.3.14 - Heavy Machinery shall be considered a Non-Complying Activity.


14B.3.15 Wairakei Residential Zone – Permitted Activities

No activity within the Wairakei Residential Zone shall be considered a Permitted Activity (other than amateur radio configurations permitted under Rule 4H.2.4 - Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones) unless in accordance with a comprehensive development consent granted under Rule 14B.6 g) – Restricted Discretionary Activity Rules and provided for under Rule 14B.6.13.1 – Comprehensive Development Consent.

Note: Any Activity that does not comply with Rule 14B.3.15 – Wairakei Residential Zone – Permitted Activities shall be considered a Non-Complying Activity.

Proposed Amendment

14B.3.15 Wairakei Residential Zone – Permitted Activities

No activity within the Wairakei Residential Zone shall be considered a Permitted Activity (other than amateur radio configurations permitted under Rule 4H.2.4 - Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones) unless in accordance with a comprehensive development consent granted under Rule 14B.6 g) – Restricted Discretionary Activity Rules and provided for under Rule 14B.6.13.1 – Comprehensive Development Consent.

Note: Any Activity that does not comply with Rule 14B.3.15 – Wairakei Residential Zone – Permitted Activities shall be considered a Non-Complying Activity


14B.3.16 Specific Urban Growth Area Requirements

Activities within an urban growth area shall ensure compliance with the following:

a) Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas;

b) Rule 12B.3.1.8 – Infrastructure;

c) Rule 12B.3.1.9 – Specific Urban Growth Area Requirements – Pyes Pa West (including Kennedy Road and Hastings Road);

d) Rule 12B.3.1.10 – Specific Urban Growth Area Requirements – Pyes Pa; and;

e) Rule 12B.3.1.11 – Specific Urban Growth Area Requirements – West Bethlehem/North East Bethlehem.


14B.4 Scheduled Sites and Papamoa Medium Rise Plan Area – Special Permitted Activity Conditions

Note: Where an activity does not comply with a Special Permitted Activity Rule it shall be considered a Discretionary Activity, unless stated otherwise.

14B.4.1 Scheduled Sites - General

All activities identified on a Scheduled Site identified on the Plan Maps (Part B) shall comply with the relevant Outline Development Plan, contained as an Appendix to this Chapter (where existent), Rule 14B.4 Scheduled Sites and Papamoa Medium Rise Plan Area - Special Permitted Activity Conditions where relevant, and Rule 14B.3 – Permitted Activity Rules. In the event of any inconsistency between an Outline Development Plan, Rule 14B.4 – Scheduled Sites and Papamoa Medium Rise Plan Area – Special Permitted Activity Conditions and Rule 14B.3 – Permitted Activity Rules, the Outline Development Plan and Rule 14B.4 Scheduled Sites and Papamoa Medium Rise Plan Area – Special Permitted Activity Conditions shall prevail. The following provisions are relevant to development within each Scheduled Site.

14B.4.2 Bureta Park Motor Inn a) Within the Bureta Park Motor Inn Scheduled Site, Vale Street the following are permitted activities:

i) Visitor accommodation, ii) Licensed premises; iii) Restaurants; iv) Reception; v) Entertainment and conference facilities; vi) Wholesale-retail liquor shop; vii) Accessory buildings and activities, including a flea market and on-site vehicle parking.

b) Maximum site coverage on site shall be 25%;

c) Maximum building height on site shall be 11 metres;

d) A 12 metre wide landscape strip shall be provided and maintained around the perimeter of the Scheduled Site, excluding where the Scheduled Site adjoins a commercial zone. No buildings, vehicle parking, manoeuvring or accessways, other than the existing vehicle accessways to Bureta Road and Vale Street, shall be permitted within this landscape strip;

e) Vehicle access points shall be limited to one combined entry/exit from Vale Street. Additional building development on the Scheduled Site shall provide a right-hand vehicle turning bay to serve the Vale Street access in accordance with traffic engineering design standards.

14B.4.3 90 Waihi Road

Within the Scheduled Site at 90 Waihi Road, the following are permitted activities: Business Activities (excluding licensed premises) subject to:

a) Compliance with relevant permitted activity conditions for the Suburban Residential Zone;

b) Compliance with the Rule 17A.11.3 - Streetscape and Rule 17A.11.4 – Boundaries of Commercial and Sensitive Zones;

14B.4.4 Grace Hospital, Cheyne Road Scheduled Site a) Within the Grace Hospital, Cheyne Road Scheduled Site the following are permitted activities:

i) Hospital facilities excluding accident and emergency clinics; ii) Health Care Centres; iii) Medical research and training; iv) Buildings and activities ancillary to hospital use; v) Café ancillary to the hospital.

b) The gross floor area of additional buildings or building additions shall not exceed 50m2 as a permitted activity;

c) Maximum height of buildings shall be 9 metres;

d) Buildings shall comply with Rule 14B.3.6 Overshadowing – Suburban Residential, Large Lot Residential;


e) The maximum site coverage on site shall be 60%;

f) All buildings shall be setback as shown on Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road;

g) Landscape planting shall be undertaken within the 5m setback on Cheyne Road;

h) No service activities, loading bays, gas bottles, rubbish or recycling storage areas shall be visible from Cheyne Road or adjoining residential properties;

i) Access to Cheyne Road shall be limited to three approved access points.

Note: Where an activity does not comply with a Permitted Activity Rule 14B.4.6 - Grace Hospital, Cheyne Road Scheduled Site it shall be considered a Restricted Discretionary Activity, unless stated otherwise.

14B.4.5 Tauranga Public Hospital, Cameron Road a) Within the Tauranga Public Hospital, Cameron Road Scheduled Site, the following are permitted activities:

i) Hospital facilities; ii) Community health care centres; iii) Medical research; iv) Residential and staff accommodation; v) Car parking; vi) Workshops, accessory buildings and activities.

b) The maximum building height shall be: i) Area A – 27 metres; ii) Area B – 9 metres.

Note: Height areas are shown on Appendix 14H: Outline Development Plan, Tauranga Hospital.

c) Setbacks on the site shall be: i) Cameron Road frontage: as shown on Appendix 14H: Outline Development Plan, Tauranga Hospital; ii) Seventeenth Avenue frontage: as shown on Appendix 14H: Outline Development Plan, Tauranga

Hospital; iii) Other road frontages: 3 metres.

d) On all road frontages landscaping comprising a mix of trees, shrubs and groundcover shall be provided contiguous to, and to a width of at least 2 metres measured from the road boundary, exclusive of permitted vehicle accessways;

e) Vehicle access points on Cameron Road shall be permitted and located where specified on Appendix 14H: Outline Development Plan, Tauranga Hospital;

f) The existing vehicle access point at the 17th Avenue/Cameron Road intersection shall be relocated a minimum of 20 metres back along the 17th Avenue frontage of the site, as measured from the intersection of Cameron Road at such a time as the main entry on Cameron Road opposite 18th Avenue is closed.

14B.4.6 Te Paeroa Road Scheduled Site, Bethlehem

a) Within the Te Paeroa Road Scheduled Site, Bethlehem the following are Permitted Activities: i) Health Centres; ii) Offices; iii) Visitor accommodation; iv) Pre-school/childcare facility, with a maximum attendance of 30 children, irrespective of staff, at any

one session;

b) Activities within the Te Paeroa Road Scheduled Site, Bethlehem, shall comply with the following Permitted Activity Rules: i) All site development including landscape planting and vehicle accesses shall be designed, laid out

and managed in accordance Appendix 14L: Outline Development Plan Area - Te Paeroa Road, Bethlehem Scheduled Site;

ii) No office activity shall be established on the site prior to 1 January 2016; iii) A landscape strip of at least 3 m in width and comprising of the following shall be planted along the

perimeter of any site that has road frontage (excluding the vehicle access point) in accordance with Appendix 14L: Outline Development Plan Area - Te Paeroa Road, Bethlehem Scheduled Site; 1) Small/medium height trees (minimum of 3 m in height at maturity) at 10 m intervals; and 2) Under planting with low to medium height shrubs of no more than 900 mm in height at

maturity;


iv) A landscape strip of at least 3 m in width and comprising of the following shall be planted along the rear and side boundaries in accordance with Appendix 14L: Outline Development Plan Area - Te Paeroa Road, Bethlehem Scheduled Site: 1) Small/medium height trees (minimum of 3 m in height at maturity) at 10 m intervals; 2) Under planting with low to medium height shrubs of no more than 900 mm in height at

maturity; and 3) A permanent fence at least 1.8 metres high which is not visually permeable;

v) A minimum of 25% of the site, inclusive of landscape planting strips required under Rule 14B.4.6 b) -Te Paeroa Road Scheduled Site, Bethlehem, shall be occupied by landscape planting comprising of: 1) Small/medium height trees (minimum of 3 m in height at maturity) at 10 m intervals; or 2) Under planting with low to medium height shrubs of no more than 900 mm in height at

maturity; or 3) Grassed areas;

vi) All service deliveries by heavy service vehicles (including a truck or other vehicle having a gross tare weight of 3 tonnes or more) shall only be carried out between the hours of 8:00am and 5:00pm;

vii) Buildings, structures, vehicle loading facilities and activities (excluding vehicle parking and manoeuvring) and other activities shall be set back at least 5 metres from the boundary of any adjoining site zoned Suburban Residential. This rule does not apply to basement areas located entirely below ground level.

Note: Activities that do not comply with the Permitted Activity Rules shall be considered as a Discretionary Activity under Rule 14B.7 – Discretionary Activity Rules, except that the establishment of any office activity prior to 1 January 2016 or the establishment of a pre-school/childcare facility with a maximum roll greater than 30 children shall be considered as Restricted Discretionary Activities.

Note: Within the Te Paeroa Road Scheduled Site, Bethlehem any business activity which is not a Permitted or Restricted Discretionary Activity shall be considered as a Discretionary Activity in accordance with Rule 14B.7 – Discretionary Activity Rules.

Note: The rules applicable to the underlying Suburban Residential Zone also apply to the Te Paeroa Road Scheduled Site, Bethlehem except as modified by the rules above.

14B.4.7 Special Permitted Activities – Papamoa Medium Rise Plan Area – Inland and Beachside Neighbourhoods

14B.4.7.1 Special Permitted Activities – Papamoa Medium Rise Plan Area – Inland and Beachside Neighbourhoods

a) Within the Papamoa Medium Rise Plan Area – Inland and Beachside Neighbourhoods shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 the following are permitted activities: i) Accessory buildings, structures or activities; ii) Home-based business; iii) Homestays; iv) Independent dwelling units; v) Minor public recreational facilities and activities; vi) Secondary independent dwelling units; vii) Shared Accommodation; viii) Showhomes;

subject to compliance with the relevant rules in Rule 14B.4.7.2 – Residential Development Density – Papamoa Medium Rise Plan Area – Inland and Beachside Neighbourhood to Rule 14B.4.7.17 – Heavy Machinery – Papamoa Medium Rise Plan Area.

b) Within the Papamoa Medium Rise Plan Area – Inland Neighbourhood shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 the following are permitted activities: i) Accessory buildings, structures or activities; ii) Home-based business; iii) Homestays; iv) Independent dwelling units; v) Minor public recreational facilities and activities; vi) Secondary independent dwelling units; vii) Shared Accommodation; viii) Showhomes;


subject to compliance with the relevant rules in Rule 14B.3.1 – Residential Development Density – Suburban Residential, Large Lot Residential to Rule 14B.3.16 – Specific Urban Growth Area Requirements. Where any special permitted activity listed in Rule 14B.4.7.1 b) – Special Permitted Activity Standards – Papamoa Medium Rise Plan Area does not comply with Rule 14B.3.1 – Residential Development Density – Suburban Residential, Large Lot Residential to Rule 14B.3.16 - Specific Urban Growth Area Requirements the activity will be assessed against the activity status identified in the relevant standard and term, the relevant assessment criteria and where relevant the Objectives and Policies for the Suburban Residential Zone.

Note: The Special Permitted Activity rules provide for suburban residential development within the Papamoa Medium Rise Plan Area as an alternative to undertaking a comprehensively designed development under Rule 14B.6.19 - Restricted Discretionary Activity – Standards and Terms – Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area.

14B.4.7.2 Residential Development Density - Papamoa Medium Rise Plan Area – Inland and Beachside Neighbourhood

The development density shall be 1 independent dwelling unit per 325m2 or greater of gross site area.

a) For shared accommodation, sites shall be a minimum of 600m2 with a maximum of 8 permanent residents per site (excluding staff).

Note: Medium Density Comprehensively Designed Development in the Papamoa Medium Rise Plan Area is provided for as a Restricted Discretionary Activity subject to compliance with the Standards and Terms of Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area – Inland Neighbourhood and Beachside Neighbourhood and Rule 14B.6.19.2 – Residential Development Density – Inland Neighbourhood and Beachside Neighbourhood – Papamoa Medium Rise Plan Area assessed under Rule 14B.6.20 Restricted Discretionary Activity – Matters of Discretion and Condition – Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area.

Note: Any special permitted activity that does not comply with Special Permitted Activity Rule 14B.4.7.2 Residential Development Density - Papamoa Medium Rise Plan Area and is not provided for under Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area – Inland Neighbourhood and Beachside Neighbourhood and Rule 14B.6.19.2 – Residential Development Density – Inland Neighbourhood and Beachside Neighbourhood – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.4.7.3 Height - Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be: i) 9m for any part of any building within 20m of the external boundaries of the Inland Neighbourhood as

shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; and ii) 12m for any part of any building within 20m of the internal development boundary of the Inland

Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 where prior to building works relating to the increase in height being undertaken, the written approval of those property owners and occupiers whose properties adjoin the property on which the increase in height is proposed has been obtained and is clearly endorsed on all relevant building plans or other plans that show the increase in height. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s); and

iii) 12m for any part of any building further than 20m from the external boundaries of the Inland Neighbourhood or the internal development boundary of the Inland Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; provided;

iv) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area, no building or structure within any identified Viewshaft Protection Area shown within the Plan Maps Part B, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps Part B.

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be:

2 February 2018


i) 9m for any part of any building within 20m of the external boundaries of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; or

ii) 12m in all other circumstances within the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; and

iii) in both i) and ii) above is contained within a height recession plane as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 2.

Note: Any Special Permitted Activity that does not comply with Special Permitted Activity Rule 14B.4.7.3 - Height - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.4.7.4 Streetscape - Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area all buildings on a site with a frontage to a legal road shall be set back 3 metres from the road boundary of the site provided that: i) All buildings on a site adjoining a future road widening designation identified on the Plan Maps (Part

B) shall have the required setback measured from that designation boundary; and ii) The provision of on-site parking shall not be located within the required streetscape setback.

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all buildings shall be set back at least 3m from the external road boundary of the Beachside Neighbourhood with Papamoa Beach Road as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3.

Note: Any Special Permitted Activity that does not comply with Special Permitted Activity Rule 14B.4.7.4 b) - Streetscape – Beachside Neighbourhood of the Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.4.7.5 Setbacks - Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area all buildings, excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions, shall provide the following setbacks from a side and rear boundary; i) A minimum of 1.5 metres from a side or rear boundary; ii) A building may be erected closer to a side or rear boundary where, prior to the building works

relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5m of that property boundary. A maximum of two setbacks may be reduced through this rule.

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all buildings excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback Intrusions, shall provide the following setbacks: i) A minimum of 5m from the western external boundary of the Beachside Neighbourhood as shown on

Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and Sheet 3; and ii) A minimum of 1.5m from the eastern external boundary of the Beachside Neighbourhood as shown

on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and Sheet 3.

Note: Any Special Permitted Activity that does not comply with Special Permitted Activity Rule 14B.4.7.5 b i) Setbacks - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.4.7.6 Setbacks –Traffic Management – Safety - Papamoa Medium Rise Plan Area

a) In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all garages and carports designed with direct vehicle access to a road shall be set back at least 4.5 metres from the road boundary.

14B.4.7.7 Overshadowing - Papamoa Medium Rise Plan Area

a) In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all buildings, excluding any overshadowing intrusions permitted under Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing;


b) A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property files(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights-of-way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property.

14B.4.7.8 Access - Papamoa Medium Rise Plan Area

a) In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum number of independent dwelling units, homestays or shared accommodation that can be served by private rights of ways, private accessways or legal access lot shall be as set out in Rule 14B.3.9 – Access – Suburban Residential, Large Lot Residential.

14B.4.7.9 Building Length - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and Sheet 3 buildings orientated towards Papamoa Beach Road and all Conservation zoned land shall provide architectural relief in the wall facades as follows: i) A minimum stepping of 1.5 metres perpendicular to the wall façade shall occur a minimum of every

10 metres of the length of the wall façade.

14B.4.7.10 Fencing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any boundary fences or walls at the external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan - Sheet 1 and 3 shall be: i) 1.2m, within 3m of Papamoa Beach Road; ii) 1.2m on the northern boundary adjoining the Conservation Zone and Special Ecological Area and

shall be at least 50% visually permeable; iii) 1.8m on the western side boundary adjoining the Conservation Zone and shall be at least 50%

visually permeable; iv) 1.8m on the eastern boundary adjoining the existing public walkway and at least 50% visually

permeable.

14B.4.7.11 External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

The ground floor of any building on the western and northern external boundaries of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and 3 shall have a external reflectance value less than 50% (excluding fasciae, windows and door frames in accordance with the reflectance values set out in the British Standard 5252 Colour Framework).

Note: Any Special Permitted Activity that does not comply with Rule 14B.4.7.11 - External Finish of Buildings - Beachside Neighbourhood shall be considered a Discretionary Activity.

14B.4.7.12 Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) The Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan - Sheets 1 and 3 glazing of any building shall not be of mirror finish.

Note: Any Permitted Activity that does not comply with Rule 14B.4.7.12 - Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.4.7.13 Active Management Buffer - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) Within the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area provision shall be made for an Active Management Buffer within the Beachside Neighbourhood as set out on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3.


b) The Active Management Buffer shall: i) Be within the 5m setback from the Conservation Zone boundary and the RL 8.0 at the toe of the

central dune land form as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3;

ii) Restrict any planting in this buffer to native dune species; iii) Provide for a minimum planting coverage of at least 50% of the Active Management Buffer area; iv) Limit buildings, structures and activities within the Active Management Buffer to:

1) Landscaped planted areas utilising native species ; 2) Garden structures (including but not limited to fences, steps, pergolas, shade sails, barbeque

areas, alfresco dining areas, clotheslines; 3) Decks and or patios less than 1m in height and 30m² in area 4) Permitted Setback Intrusions of Rule 4H.2.1 – Permitted Setback Intrusions; 5) Eaves and balconies of adjoining buildings providing these do not overhang the minimum

planting coverage area in Rule 14B.4.7.13 b) iii) - Active Management Buffer – Beachside Neighbourhood – Papamoa Medium Rise Plan Area above;

6) Subsurface structures provided that reinstatement and restoration, including ecological restoration of the area disturbed, shall be undertaken utilising native dune species in accordance with accepted ecological practice within 6 months of the completion of the work;

v) Address access to the adjoining Conservation Zone and animal and plant pest management within the Active Management Buffer.

Note: Any Special Permitted Activity that does not comply with Rule 14B.4.7.13 - Active Management Buffer – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity

14B.4.7.14 Homestay - Papamoa Medium Rise Plan Area

In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area, Homestays shall comply with the Standards and Terms of Rule 14B.3.11 – Homestays – Suburban Residential, Large Lot Residential.

Note: Any Special Permitted Activity that does not comply with Special Permitted Activity Rule 14B.4.7.14 - Homestay - Papamoa Medium Rise Plan Area shall be considered a Non-Complying Activity.

14B.4.7.15 Home-based Business - Papamoa Medium Rise Plan Area

In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area Home-based Businesses shall comply with the Standards and Terms of Rule 14B.3.12 – Home-based Business – Suburban Residential, Large Lot Residential.

Note: Any Special Permitted Activity that does not comply with Rule 14B.4.7.15 - Home-based Business - Papamoa Medium Rise Plan Area shall be considered a Non-Complying Activity.

14B.4.7.16 Secondary Independent Dwelling Units - Papamoa Medium Rise Plan Area

In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area Secondary Independent Dwelling Units shall comply with the Standards and Terms of Rule 14B.3.13 – Secondary Independent Dwelling Units – Suburban Residential, Large Lot Residential.

14B.4.7.17 Heavy Machinery – Papamoa Medium Rise Plan Area

In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area Heavy Machinery shall comply with the Standards and Terms of Rule 14B.3.14 – Heavy Machinery – Suburban Residential, Large Lot Residential.

Note: Any Special Permitted Activity that does not comply with Special Permitted Activity Rule 14B.4.7.17 Heavy Machinery – Papamoa Medium Rise Plan Area shall be considered a Non-Complying Activity.

14B.4.8 Rules in Other Sections of the Plan

Activities within the Suburban Residential and Large Lot Residential Zones shall also comply with the following sections of the Plan:

a) The provisions of Chapter 4 – General Rules Provisions;

b) The provisions of Chapter 7 – Heritage;


c) The provision of Chapter 8 – Natural Hazards;

d) The provisions of Chapter 9 – Hazardous Substances and Contaminated Land;

e) The provisions of Chapter 11 – Financial Contributions;

f) The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Infrastructure and Services;

g) The provisions of any Plan Area.


14B.5 Controlled Activity Rules

Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term shall be considered a Restricted Discretionary Activity, unless stated otherwise.

The following are Controlled Activities:

a) Controlled Activities on The Elms Scheduled Site;

b) All those activities listed in Table 14B.1 Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status as Controlled Activities.

14B.5.1 Scheduled Site Controlled Activity Standards and Terms

14B.5.1.1 Scheduled Sites - The Elms

All activities identified on The Elms Scheduled Site, identified in the Plan Maps (Part B) shall comply with the relevant Outline Development Plan, contained as an Appendix to this chapter (where relevant), and Rule 14B.3 - Permitted Activity Rules. In the event of any inconsistency between an Outline Development Plan, Rule 14B.5.1 - Scheduled Site Controlled Activity Standards and Terms and Rule 14B.3 - Permitted Activity Rules, the Outline Development Plan and Rule 14B.5.1 - Scheduled Site Controlled Activity Standards and shall prevail.

14B.5.1.2 The Elms Scheduled Site – Standards and Terms

Within The Elms Scheduled Site the following are Controlled Activities:

a) Visitor information centre activities and activities that involve the congregation of people for such purposes as deliberation, entertainment, private recreation, leisure or similar purposes and includes places of worship, located within the areas specifically identified on Appendix 14I: Outline Development Plan, The Elms;

b) Visitor information centre activities and activities that involve the congregation of people for such purposes as deliberation, entertainment, private recreation, leisure or similar purposes and includes places of worship, shall be Controlled Activities provided they comply with: i) Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 –

Streetscape – Suburban Residential, Large Lot Residential, Rule 14B3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential, Large Lot Residential.

Note: For the avoidance of doubt, where relevant, the provisions of Chapter 4 – General Rules Provisions, also apply.

Note: For the avoidance of doubt, activities outside the areas specifically identified on the Outline Development Plan will be subject to the provisions of Chapter 7 – Heritage and Chapter 14 – Residential Zones and all other relevant provisions of the Plan.

14B.5.2 Controlled Activity – Matters of Control and Conditions – The Elms

The Council reserves control over the following matters:

a) Buildings should be a scale, form and design that is compatible with the heritage values of The Elms and not adversely affect the amenity values of surrounding residential activities;

b) Parking, access and manoeuvring should be designed to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent road network;

c) The screening of parking areas through fencing and/or landscaping to maintain residential amenity values on adjoining or adjacent sites;

d) The location and design of signs should have regard to the heritage values of the site and the amenity values of surrounding residential activities;

e) Regard shall be had to the proposed hours of use and how these may conflict with established residential activities within the locality in terms of noise, frequency of events and traffic movements.


14B.5.3 Controlled Activity - Standards and Terms - Comprehensive Development in the Suburban Residential Zone Urban Growth Yield Areas

Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas only apply where a site has been identified as a site for comprehensive medium density development in accordance with Rule 12B.3.1.3 - Comprehensively Designed Development at the time of the initial residential subdivision of that site. For the avoidance of doubt, in all circumstances where a comprehensive development is undertaken subdivision consent for the proposed development shall not be granted until a land use consent is granted by Council for the development in accordance with the Standards and Terms of Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas or Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas.

14B.5.3.1 Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas

a) For the purpose of this rule, comprehensively designed development means: The development of sites for residential purposes in the Pyes Pa West Suburban Residential Zone Medium Rise Plan Area, or the development of sites greater than 3,000m2 and at a density greater than that permitted by Rule 14B.3.1 Residential Development Density – Suburban Residential, Large Lot Residential in the Pyes Pa West, Hastings Road, Kennedy Road and West Bethlehem Urban Growth Yield Areas identified on Section 6, (Plan Maps Part B), (Urban Growth Plans);

b) In all circumstances where a comprehensively designed development is undertaken subdivision consent for the proposed development shall not be granted until a land use consent is granted by Council for the development in accordance with the following standards and terms;

c) Building setbacks shall ensure that at least 50% of the site frontage is in accordance with Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential requiring a 3m setback from the defined street boundary;

d) There shall be a maximum building length of 15 metres without facade setback or mitigation, such as architectural features, that provides visual relief to the facade and elevation of the building;

e) Compliance with the overshadowing and site setback rules of Rule 14B.3 - Permitted Activity Rules shall apply at the boundaries of the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area). Applying such rules at any future internal boundaries within the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is optional;

f) All dwellings shall have a private outdoor living area continuous with the dwelling unit equivalent which shall: i) If at ground level, have a minimum dimension of 5 metres in any one direction or, if located above

ground level, shall be a balcony of at least 6m2 having a minimum dimension of 1.5 m; ii) In the case of the balcony provision, be located to achieve at least a 10 m unobstructed outlook over

the site or to an area of permanent open space; iii) Such private outdoor living areas shall be accessible from the main living area of the dwelling; iv) An area of private outdoor living area shall be located to receive sunlight for at least four hours on

the 21 June; v) Any nominated private outdoor living area shall be unobstructed by buildings, parking or vehicle

access and manoeuvring areas and future boundary lines; vi) Any nominated private outdoor living area shall be located and/or screened so that at least 50% of

the area has visual privacy from the living rooms (not including bedrooms) and the private outdoor living areas of other dwellings on the development site and adjacent sites;

vii) Any communal living area provided shall be in addition to, not in substitution of, the required private outdoor living area for each dwelling.

g) Where any dwelling is to be sited within 10 m of another dwelling there shall be no direct line of sight from the main living areas or outdoor living areas of the dwelling into the main living areas (not including bedrooms) or nominated outdoor living area of another dwelling on the same site. If a direct line of sight between main living areas and outdoor living areas cannot be avoided, visual screening shall be constructed or planted to prevent a line of sight;


h) For the purposes of implementation of these rules, any application for a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) shall be accompanied by a design report by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design;

i) Prior to approval by Council, the Council may require an independent review of this report at the applicant’s expense.

Note: Any activity that does not comply with Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas shall be considered as a Discretionary Activity

14B.5.3.2 Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas

a) For the purpose of this Rule, comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) means the development of sites less than 3,000m² for residential purposes at a density greater than permitted by Rule 14B.3.1 – Residential Development Density within the Pyes Pa West, Hastings Road, Kennedy Road and West Bethlehem Urban Growth Yield Areas identified on Section 6, (Plan Maps (Part B), (Urban Growth Plans).

b) In all circumstances where a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is undertaken, subdivision consent shall not be granted and development shall not be undertaken until an Outline Development Plan has been approved for the development of the site. Any Outline Development Plan shall be in accordance with the criteria outlined in Rule 14B.5.3.1 – Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas above and the Outline Development Plan shall be developed generally in accordance with the Outline Development Plan example included in Appendix 14K: Outline Development Plan, Example, to address the following matters i) Building envelope; ii) Parking; iii) Private open space; iv) Permitted yard intrusions; v) Vehicle access; vi) Landscape planting; vii) Site coverage.

c) The Outline Development Plan shall be developed with regard to the standards and terms and matters of control and conditions set out at Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and subject to a report submitted in accordance with Rule 14B.5.3.1 h) - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas.

Note: Any activity that does not comply with Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas shall be considered as a Discretionary Activity.

14B.5.3.3 Controlled Land Use – Comprehensively Designed Development in the Suburban Residential Zone Urban Growth Yield Area - Matters of Control and Conditions


a) The extent to which the following design objectives are achieved when considering the design standards and terms for comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas or Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas; i) Integrates well with the immediate locality; ii) Contributes to the streetscape; iii) Is of a high standard of architecture; iv) Provides residents with good outlook and outdoor space related to each unit; v) Incorporates on-site landscaping that integrates buildings, safe use of private, public or common use

areas on the site, and softens the visual effect of the development on the surrounding environment; vi) Caters for safe traffic, parking, and servicing effectively and efficiently; vii) Promotes on-site safety and security; viii) Promotes low impact, green stormwater management techniques, while having regard to the

engineering design needs of the Pyes Pa West stormwater catchment.

b) The application of financial contributions in accordance with Chapter 11 – Financial Contributions;


c) The development intensity and scale, wind effects and traffic management, safety and convenience standards to be applied to the site development;

d) Management of the quantity and quality of stormwater to be discharged from the site;

e) The design objectives and design standards and terms in Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas and the imposition of any condition directly related to these matters covering: i) Streetscape; ii) Building form; iii) Outlook and outdoor spaces; iv) Visual and aural privacy; v) Landscaping; vi) Traffic, parking, access, pedestrian accessibility and safety. vii) The extent to which the development integrates well with the immediate locality and contributes

positively to the wider street scene shall be considered by having regard to: viii) The development’s sensitivity to the residential character and amenity values of the locality, both

within the site and in the surrounding area; ix) The design of carports and garages as an integrated component of the building form, site

development and landscaping; x) Carparking areas shall not dominate the appearance of the development when viewed from the

street or any adjoining property. Large numbers of spaces in one area shall be avoided, or broken up and mitigated by landscaping.

f) Buildings shall be designed to ensure good visual contact between dwellings and the public street and internal street;

g) The extent to which the architectural qualities of the development exhibits innovation shall be considered by having regard to: i) The development is designed to create visual character and variety; ii) Areas of blank walls are kept to a minimum. iii) The extent to which the development provides for the visual and aural privacy of occupants and

neighbours; iv) The extent to which access points into the site, and car parking areas, are sited and designed to

avoid the adverse effects of noise and other effects on aural or visual privacy; v) The extent to which existing vegetation is retained and landscaping adds to the amenity of the

development and assists in stormwater management shall be considered by having regard to: vi) The extent to which existing mature trees are incorporated into the site and landscape design;

vii) The extent to which natural watercourses within or adjoining the site are retained and their long-term contribution to stormwater management is not compromised;

viii) The extent to which on-site landscaping is designed to enhance the appearance of the buildings, assist in stormwater management, and soften or screen the visual impact of car parking and service areas;

ix) The extent to which low impact stormwater design methods, including source control, are incorporated into the site, building and landscaping design where these assist in meeting the stormwater management rules applying to the Pyes Pa West Urban Growth Area;

h) The extent to which traffic, parking and servicing requirements resulting from the development can be effectively and efficiently catered for shall be considered by having regard to the following matters: i) Whether provision has been made for resident and visitor parking and manoeuvring and site access

in accordance with Chapter 4 – General Rules Provisions without dominating the appearance or functioning of the development, detracting from the amenity of the units (or units on adjoining sites), adversely affecting road safety or efficiency, or unnecessarily increasing the percentage of impermeable surfaces within the development;

ii) Whether provision for on-site pedestrian movement, wherever possible, been separated from vehicular movement areas, and calming measures used in joint vehicle/pedestrian use areas;

iii) Whether provision for refuse collection, recycling, outdoor storage and similar services is integrated into the development, is appropriately sized in relation to the scale of the development, whether collection points and facilities are readily accessible by service vehicles and workers and will not at any time detract visually or generate health risks in the area. This may entail providing more than one storage or collection point for refuse within the development;

iv) The extent to which lighting for amenity and crime prevention is an integral part of the development, and is designed and positioned to maximise the personal safety of occupants and visitors without creating nuisance for adjoining properties or drivers of vehicles through excessive glare;


v) The extent to which provision is made for vehicle and pedestrian/cyclist links to, from, through and/or around the development in a way that provides opportunities for physically connecting to and from public reserves and walkways shown on the relevant Section 6, (Plan Maps, Part B) (Urban Growth Plan).

14B.5.4 Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, Large Lot Residential and the Wairakei Residential Zone

For each showhome site:

a) Except where an office ancillary to a showhome seeks to establish in a lawfully established independent dwelling unit; an office ancillary to a showhome in an Financial Contribution Urban Growth Area zoned Suburban Residential and Large Lot Residential, excluding the Wairakei Residential Zone, shall comply with the Permitted Activity Rule in Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone or 14B.3.8 - Site Coverage – Large Lot Residential Zone as relevant; Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential and the relevant rules in Chapter 4 - General Rules Provisions.

Note: An Office Ancillary to a Showhome in the Wairakei Residential Zone is a Controlled Activity provided that the proposed development has been designed and constructed in accordance with a Comprehensive Development Consent issued under Rule 14B.6 l) – Restricted Discretionary Activity Rules.

b) There shall be no more than one office ancillary to a showhome on a site;

c) Activities carried out in an office ancillary to a showhome shall relate solely to the promotion of the product of the showhome operator;

d) No more than 4 people may be employed to work in an office ancillary to a showhome on a site;

e) The maximum gross floor area for an office ancillary to a showhome on a site shall be 120m2;

f) An office ancillary to a showhome shall provide on-site vehicle parking, manoeuvring, loading and access in accordance with requirements for offices set out in the provisions of Chapter 4 – General Rules Provisions;

g) Notwithstanding Rule 14B.5.4 f) - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, Large Lot Residential and the Wairakei Residential Zone an office ancillary to a showhome shall not have any vehicle access onto and or from the strategic road network (excluding secondary arterials);

h) Signage for an office ancillary to a showhome shall be as follows: i) 1 freestanding sign, including structures used to support it or that in themselves act as a freestanding

sign, of a maximum of 1m2 in sign area and a maximum height of 4m; and ii) 1 sign attached to a building of a maximum of 2m2 in sign area and a maximum height of 4m; iii) Any illuminated sign or sign with moving parts shall comply with Rule 4D.2.3.2 c) and d) –

Residential Zones (excluding Ngati Kahu Sub Zones), Rural Residential Zones and Rural Zones); iv) Any permanent sign shall relate only to the promotion of the product of the showhome operator.

Note: Any activity that does not comply with Rule 14B.5.4 - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, Large Lot Residential and the Wairakei Residential Zone shall be considered as a Discretionary Activity.

Note: For the avoidance of doubt, new offices not ancillary to a showhome or not falling within the definition of Home-based business are a Non-Complying Activity in accordance with Rule 14B.8 – Non-Complying Activities.


Proposed Amendment

14B.5.4 Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone


a) Except where an office ancillary to a showhome seeks to establish in a lawfully established independent dwelling unit; an office ancillary to a showhome in an Financial Contribution Urban Growth Area zoned Suburban Residential and Large Lot Residential, excluding the Wairakei Residential Zone, shall comply with the Permitted Activity Rule in Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone or 14B.3.8 - Site Coverage – Large Lot Residential Zone as relevant; Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential and the relevant rules in Chapter 4 - General Rules Provisions.

Note: An Office Ancillary to a Showhome in the Wairakei Residential Zone is a Controlled Activity provided that the proposed development has been designed and constructed in accordance with a Comprehensive Development Consent issued under Rule 14B.6 l) – Restricted Discretionary Activity Rules.






g) Notwithstanding Rule 14B.5.4 f) - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, and Large Lot Residential and the Wairakei Residential Zone an office ancillary to a showhome shall not have any vehicle access onto and or from the strategic road network (excluding secondary arterials);

h) Signage for an office ancillary to a showhome shall be as follows: i) 1 freestanding sign, including structures used to support it or that in themselves act as a freestanding

sign, of a maximum of 1m2 in sign area and a maximum height of 4m; and ii) 1 sign attached to a building of a maximum of 2m2 in sign area and a maximum height of 4m; iii) Any illuminated sign or sign with moving parts shall comply with Rule 4D.2.3.2 c) and d) –

Residential Zones (excluding Ngati Kahu Sub Zones), Rural Residential Zones and Rural Zones); iv) Any permanent sign shall relate only to the promotion of the product of the showhome operator.

Note: Any activity that does not comply with Rule 14B.5.4 - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, Large Lot Residential and the Wairakei Residential Zone shall be considered as a Discretionary Activity. Note: For the avoidance of doubt, new offices not ancillary to a showhome or not falling within the definition of Home-based business are a Non-Complying Activity in accordance with Rule 14B.8 – Non-Complying Activities.



14B.5.5 Controlled Activity – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone - Matters of Control and Conditions

Proposed Amendment

14B.5.5 Controlled Activity – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone - Matters of Control and Conditions



a) Landscaping to maintain residential amenity values on adjoining or adjacent sites including mitigating the adverse visual impact of parking areas;

b) Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites;

c) The location and design of signs in terms of maintaining the residential amenity and character values of the site and the amenity and character values of surrounding residential activities;

d) The design of parking, access and manoeuvring to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent transport network.


14B.6 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities:

a) Any Permitted Activity in the Suburban Residential Zone that does not comply with a maximum of two of the following Permitted Activity conditions: i) Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential; ii) Rule 14B.3.4 - a) i), a) iii), a) iv), b), c), d) - Setbacks – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot

Residential; iv) Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential; v) Rule 14B.3.9 - Access – Suburban Residential, Large Lot Residential; vi) Rule 14B.3.10 - Outdoor Living Area – Suburban Residential; vii) Rule 14B.3.13 - h) Secondary Independent Dwelling Units – Suburban Residential, Large Lot

Residential; viii) Rule 14B.3.16 - Showhomes; ix) Rule 14B.3.17 b), c), d) or e) – Specific Urban Growth Area Requirements.

b) Any Permitted Activity in the Large Lot Residential Zone that does not comply with: i) Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential; ii) Rule 14B.3.4 - a) i), a) iii), a) iv), b), d), e) - Setbacks – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.5 - Setbacks – Suburban Residential, Large Lot Residential; iv) Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential; v) Rule 14B.3.9 - Access – Suburban Residential, Large Lot Residential; vi) Rule 14B.3.16 – Showhomes;

c) Any Controlled Activity on The Elms Scheduled Site that does not comply with Rule 14B.5.1.2 – The Elms Scheduled Site – Standards and Terms;

d) Any Permitted Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with the Special Permitted Activity Standards and Terms;

e) Any Permitted Activity within the Te Paeroa Road Scheduled Site, Bethlehem which does not comply with Rule 14B.4.6 b) ii) - Te Paeroa Road Scheduled Site, Bethlehem (which relates to the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem prior to 1 January 2016);

f) Any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session that does not comply with Rule 14B.4.6 a) i) – Te Paeroa Road Scheduled Site, Bethlehem;

g) Any retirement village that does not comply with Rule 14B.3.1 – Residential Development Density – Suburban Residential, Large Lot Residential.


h) Any Permitted Activity in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: i) Rule 14B.4.7.4 a) - Streetscape – Papamoa Medium Rise Plan Area; ii) Rule 14B.4.7.5 a) - Setbacks – Papamoa Medium Rise Plan Area; iii) Rule 14B.4.7.6 - Setbacks – Traffic Management – Safety – Papamoa Medium Rise Plan Area; iv) Rule 14B.4.7.7 - Overshadowing – Papamoa Medium Rise Plan Area; v) Rule 14B.4.7.8 - Access – Papamoa Medium Rise Plan Area.

i) Any Permitted Activity in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: i) Rule 14B.4.7.5 b) ii) - Setbacks – Papamoa Medium Rise Plan Area; ii) Rule 14B.4.7.6 – Setbacks - Traffic Management and Safety – Papamoa Medium Rise Plan Area; iii) Rule 14B.4.7.7 - Overshadowing – Papamoa Medium Rise Plan Area; iv) Rule 14B.4.7.8 - Access – Papamoa Medium Rise Plan Area; v) Rule 14B.4.7.9 - Building Length – Beachside Neighbourhood - Papamoa Medium Rise Plan Area; vi) Rule 14B.4.7.10 - Fencing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area;

j) Any comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with:

i) Rule 14B.6.19.4 a) - Streetscape – Papamoa Medium Rise Plan Area; ii) Rule 14B.6.19.5 a) - Setbacks – Papamoa Medium Rise Plan Area; iii) Rule 14B.6.19.6 - Building Length – Papamoa Medium Rise Plan Area; iv) Rule 14B.6.19.8 - Overshadowing – Papamoa Medium Rise Plan Area; v) Rule 14B.6.19.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area; vi) Rule 14B.6.19.10 - Fencing – Papamoa Medium Rise Plan Area; vii) Rule 14B.6.19.18 - Building Platform Requirements – Papamoa Medium Rise Plan Area;

k) Any comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: i) Rule 14B.6.19.5 b) ii) - Setbacks – Papamoa Medium Rise Plan Area; ii) Rule 14B.6.19.7 - Building Length – Papamoa Medium Rise Plan Area; iii) Rule 14B.6.19.8 - Overshadowing – Papamoa Medium Rise Plan Area; iv) Rule 14B.6.19.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area; v) Rule 14B.6.19.11 - Fencing – Papamoa Medium Rise Plan Area; vi) Rule 14B.6.19.14 - Location of Parking – Papamoa Medium Rise Plan Area; vii) Rule 14B.6.19.18 - Building Platform Requirements – Papamoa Medium Rise Plan Area.

l) Any activity identified as a Restricted Discretionary Activity in Table 14B.1 - Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status.

Proposed Amendment

l) Any activity identified as a Restricted Discretionary Activity in Table 14B.1 - Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status.


m) Activities that do not comply with Rule 14B.3.17 a) – Specific Urban Growth Area Requirements where the average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Area, except where the minimum average nett yield is less than 12 dwellings per hectare.


14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions

14B.6.1.1 Streetscape

In considering activities that do not comply with Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from public private interface and from adjoining properties;

b) Lead to the visual dominance of buildings as viewed from the street and from the surrounding neighbourhood;

c) Address adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public private interface.

14B.6.1.2 Setbacks

In considering activities that do not comply with Rule 14B.3.4 a) i), a) iii), a) iv), b) - Setbacks – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the visual and aural privacy of occupants in adjoining sites;

b) Hinder the ability to maintain access for maintenance, including for buildings on adjoining properties;

c) Lead to the visual dominance of buildings as viewed by adjoining and adjacent properties;

d) Be addressed through design measures, including minimisation of the length of encroachment into setback or landscaping.

14B.6.1.3 Setbacks – Traffic Management – Safety

In considering activities that do not comply with Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 On-site Parking Requirements.

14B.6.1.4 Overshadowing

In considering activities that do not comply with Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties.

14B.6.1.5 Access

In considering activities that do not comply with Rule 14B.3.9 – Access – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential character and amenity.

14B.6.1.6 Outdoor Living Area

In considering activities that do not comply with Rule 14B.3.10 - Outdoor Living Area – Suburban Residential, and/or Rule 14B.3.13 h) - Secondary Independent Dwelling – Suburban Residential, Large Lot Residential Units the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the opportunity for occupants to enjoy a reasonable outlook and useful outdoor space on-site;

b) The impact on maintaining a consistent open pattern of building development and separation within the neighbourhood;

c) Design measures, including, but not restricted, to the provision of alternative on-site provisions of outdoor living area or leisure facilities to meet the needs of residents over the lifetime of the building.


14B.6.1.7 Showhomes

In considering showhomes that do not comply with Rule 14B.3.16 Showhomes or which are classified as Restricted Discretionary Activities in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status, the Council restricts the exercise of its discretion to: Proposed Amendment In considering showhomes that do not comply with Rule 14B.3.16 Showhomes or which are classified as Restricted Discretionary Activities in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status, the Council restricts the exercise of its discretion to: Plan Change 25 – No legal effect

a) The matters set out above in Rule 14B.6.1.1 – Streetscape through Rule 14B.6.1.6 – Outdoor Living Area where applicable;

b) Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites; and

c) The design of parking, access and manoeuvring to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent road network.

14B.6.1.8 Specific Urban Growth Area Requirements

In considering activities that do not comply with Rule 14B.3.17 b), c), d) or e) – Specific Urban Growth Area Requirements the Council restricts the exercise of its discretion to:

a) The extent to which the degree of non-compliance will compromise the ability to deliver the intent of the relevant Urban Growth Plan (Plan Maps, Part B, Section 6); and

b) Any alternative solutions proposed that are consistent with the intent of the relevant Urban Growth Plan

c) The potential adverse effects of the non-compliance on adjoining land, the transport network and the ability to deliver infrastructure in a coordinated and financially sustainable manner.

14B.6.2 Restricted Discretionary Activities – Matters of Discretion and Conditions – The Elms Scheduled Site

In considering any restricted discretionary activities within The Elms Scheduled Site, the Council restricts the exercise of its discretion to:

a) The extent to which the activity is consistent with and will support the Objectives and Policies for Chapter 4 – General Rules Provisions, Chapter 7 - Heritage and for the anticipated and existing suburban residential character and amenity;

b) The matters of control and conditions in Rule 14B.5.2 - Controlled Activity – Matters of Control and Conditions – the Elms;

c) The extent of off-site effects from an on-site parking shortfall having regard to the availability of public parking in the locality and the objectives of any relevant Local Parking Management Plan;

d) Whether the design and location of signs will adversely affect the heritage values of the site or the amenity values of surrounding residential activities;

e) The proximity of the activity to adjoining or adjacent residential activities and the extent to which noise generated from the site will adversely affect surrounding residential amenity values;

f) Whether the additional amount of light spill in conjunction with the hours of operation of the lighting will adversely affect surrounding residential amenity values.

14B.6.3 Restricted Discretionary Activities – Standards and Terms Activities not complying with Rule 14B.3.4 c) and d)

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

a) A qualified landscape architect shall prepare a landscape and visual assessment for any application for resource consent;

b) The assessment shall have particular regard to the open space character and factors, values and associations that contribute to the areas landscape and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.


Note: Any activity that does not comply with Rule14B.6.3 – Restricted Discretionary Activity – Standards and Terms Activities not complying with Rule 14B.3.4 c) and d) – Setbacks – Suburban Residential, Large Lot Residential shall be considered a Discretionary Activity.

14B.6.4 Restricted Discretionary Activities – Matters of Discretion and Conditions - Activities not complying with Rule 14B.3.4 c) and d)

In considering activities that do not comply with Rule 14B.3.4 c), d) - Setbacks – Suburban Residential, Large Lot Residential the Council restricts the exercise of its discretion to:

a) The height, scale, and location of any building, structure, or sign;

b) The use of material on the exterior of any building or structure, including the use of colour;

c) The nature, location and extent of any proposed earthworks;

d) The location and design of access, parking areas; infrastructure and services or fences;

e) 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.

f) 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.

14B.6.5 Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome


a) Except where an office ancillary to a showhome seeks to establish in a lawfully established Independent Dwelling Unit an office ancillary to a showhome shall comply with the Permitted Activity in Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential, Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential, Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential, Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential, Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential, Rule 14B.3.7 - Site Coverage – Suburban Residential Zone or 14B.3.8 - Site Coverage – Large Lot Residential Zone as relevant; Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential, and the relevant Rules in Chapter 4 - General Rules Provisions.



d) No more than three people may be employed to work in an office ancillary to a showhome on a site;


f) An office ancillary to a showhome shall provide on-site vehicle parking, manoeuvring, loading and access in accordance with requirements for offices set out in the provisions of Rule 4B – Purpose of Transportation Provisions;

g) Notwithstanding Rule14B.6.5 f) - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome, an office ancillary to a showhome shall not have any vehicle access onto and from the strategic road network (excluding secondary arterials).

Note: Any activity that does not comply with Rule 14B.6.5 - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome shall be considered a Discretionary Activity.

Note: For the avoidance of doubt new offices not ancillary to a showhome or not falling within the definition of Home based business are a Non-Complying Activity in accordance with Rule 14B.8 – Non-Complying Activities.

14B.6.6 Restricted Discretionary Activities – Matters of Discretion and Conditions for an Office Ancillary to a Showhome

The Council restricts the exercise of its discretion to:

a) The extent to which the use detracts from or conflicts with the maintenance of residential amenity, character and coherence on surrounding sites, including privacy and noise related impacts;


b) The extent of any mitigation of potential adverse effects through increased yard distances, provision of screening or landscape treatment, external appearance of buildings, location of access and egress and parking areas, hours of operation, and period of operation;

c) The extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the road (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential amenity in the neighbourhood;

d) Any cumulative effect of traffic generation in conjunction from other activities in the surrounding residential neighbourhood.

14B.6.7 Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site

Any Restricted Discretionary Activity within the Grace Hospital, Cheyne Road Scheduled Site shall comply with:

a) The permitted activity conditions of Rule 14B.4.5 – Grace Hospital, Cheyne Road Scheduled Site shall apply with the exception of Rule 14B.4.5 b) and c) – Grace Hospital, Cheyne Road Scheduled Site;

b) Maximum height of buildings shall be as defined on the Outline Development Plan, Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road;

c) All buildings which face Cheyne Road shall have a minimum of 30% glazing within the walls facing the Cheyne Road boundary. Glazing shall be two way and allow some visibility of activities within the building when viewed from Cheyne Road and passive surveillance of Cheyne Road from the hospital building. External screens can be used over glazing;

d) External materials and finishes on buildings and structures will have reflectance value less than 75% selected from BS5252 hue range of Group A, B and C. Group D and E are excluded;

e) The public frontage of buildings (facing the site boundaries, or the inner open space of the site) shall have relief features in the main facades. A minimum setback, stepping or architectural relief (relief feature) of 1.5 metres, perpendicular to the wall façade; shall occur a minimum of every 10 metres of the length of the wall façade. The relief feature shall be capable of casting shadow onto the adjacent façade, to achieve the appearance of smaller residential scale units. Relief features can include balconies, verandas, courtyards or recessed entry points;

f) The main entrances to buildings shall be accessed from the main central open space within the site.

g) For buildings above 12m in height, the minimum setback to a site boundary shall be 12m, or compliance with Appendix 14C: Overshadowing in the City Plan, whichever is greater;

h) For buildings above 12m in height, the outdoor developed landscape between the building and the boundaries between the points A-A1 and B-B1 on Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road shall: i) be a minimum of 10m deep except where no building is located within 20m of the relevant site

boundary in which case a 5m outdoor developed landscape shall be provided along that boundary; ii) throughout, include tree species capable of growing at least 10m tall; and iii) not be used for car parking, paving, or other hard surfaces (other than vehicle crossings) or

constraints to the successful establishment of trees within the site.

Note: Any Restricted Discretionary Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with Rule 14B.6.7 - Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site shall be considered a Discretionary Activity.

Note: For an indicative example of the interpretation of this rule, refer Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheets 2 and 3.

14B.6.8 Restricted Discretionary Activities – Matters of Discretion and Conditions – Grace Hospital Cheyne Road Scheduled Site

In considering any Restricted Discretionary Activity within the Grace Hospital Cheyne Road Scheduled Site, the Council restricts the exercise of its discretion to:

a) Consistency of buildings and activities with Objective 14A.1.4 - Scheduled Sites in the Residential Zones and Policy 14A.1.4.1 a) and e) Scheduled Sites in the Residential Zones;

b) Consistency with the Outline Development Plan contained in Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road;


c) The effects of building bulk and scale on the suburban residential character and amenity values of the locality, both within the site, and in the surrounding area;

d) The maintenance and enhancement of open space and landscape planting to ensure development makes a positive contribution to visual amenity and to help offset the impact of the built development on the site;

e) Design and layout of development to break up vertical and horizontal mass through location on the site and the detail of building façades, and to ensure a streetscape complimentary to the surrounding residential environment;

f) Whether new buildings and structures take into account and respond to the character, design and materials of existing buildings within the site;

g) The extent to which the proposal incorporates on-site outdoor developed landscape that integrates buildings, facilitates the safe use of private, public or common use areas on the site, and softens the visual effect of the development on the surrounding environment;

h) Screening of outdoor service areas and storage areas, including refuse storage areas, from any adjacent or adjoining residential sites and from the road frontage;

i) Parking, vehicle and pedestrian access and manoeuvring allows for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent transport network and integration with the public transport infrastructure;

j) Signage that is visible externally from the site is of a design, scale and location consistent with maintenance of the amenity of the surrounding suburban residential environment.

14B.6.9 Non-Notification for the Establishment of any Pre-School/Childcare Facility within the Te Paeroa Road Scheduled Site, Bethlehem

Any resource consent application for the establishment of a pre-school/childcare facility, with a maximum attendance greater than 30 children at any one session, within the Te Paeroa Road Scheduled Site, Bethlehem under Rule 14B.6 – Restricted Discretionary Activity Rules shall not be notified, or served on affected persons, other than the road controlling authority for the State Highway.

14B.6.10 Restricted Discretionary Activities – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem

Note: Any activity that does not comply with Rule 14B.6.10 – Restricted Discretionary Activity – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem shall be considered a Discretionary Activity.

a) For the establishment of office or retail activity prior to 2016: i) For the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem

prior to 1 January 2016 an economic assessment of the effects of the proposed activity on the efficient distribution of commercial development shall be undertaken by a suitably qualified person;

ii) The assessment shall have particular regard to 17A.5.2 Objective – Efficient Distribution of Commercial Development, 17A.5.2.1 Policy – New Commercial Zones or Commercial Development Outside of Commercial Zones and 17A.5.2.2 Policy – Efficiency of the Transport Network and address the potential distributional effects on the local Commercial Zone and town centre.

b) For the establishment of any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session: i) For any pre-school/childcare facility which does not comply with Rule 14B.4.6 a) iv) - Te Paeroa

Road Scheduled Site, Bethlehem, a qualified transportation engineer shall prepare an assessment of the effects of the proposed activity on the safe and efficient function and operation of the transport network (including the strategic road network);

ii) The assessment shall have particular regard to the safe and efficient function and operation of the transport network (including the strategic road network) and address the matters outlined in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy – Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service.

14B.6.11 Restricted Discretionary Activities – Matters of Discretion and Conditions – Te Paeroa Road Scheduled Site, Bethlehem

a) For the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem prior to 1 January 2016, the Council restricts the exercise of its discretion to:


i) Consistency with the specific objectives and policies for the Te Paeroa Road Scheduled Site, Bethlehem;

ii) The effects on the efficient distribution of commercial development as a result of the establishment of any office activity within the Te Paeroa Road Scheduled Site, Bethlehem, prior to 1 January 2016;

iii) For the Te Paeroa Road Scheduled Site, Bethlehem any recommendations resulting from an assessment of effects undertaken by a qualified expert under Rule 14B.6.10 - Restricted Discretionary Activities – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem.

b) For the establishment of any pre-school/childcare facility with a maximum attendance greater than 30 children at any one session, the Council restricts the exercise of its discretion to: i) The safe and efficient function and operation of the transport network (including the strategic road

network); ii) The matters of discretion under Rule 4B.3.2 - Restricted Discretionary Activity – Matters of Discretion

and Conditions; iii) The effects on the transport network and the measures to avoid, remedy or mitigate these, and any

recommendations resulting from an assessment of effects prepared by a qualified transportation engineer;

iv) The matters addressed in 4B.1.2 Objective – Maintaining a Sustainable Transport Network and 4B.1.2.1 Policy – Use of Land to 4B.1.2.5 Policy – Access Location and Points of Service.

14B.6.12 Non-Notification of Development in Wairakei Residential Zone

Any application for a resource consent made under Rule 14B.6.l) – Restricted Discretionary Activity Rules in the Wairakei Residential Zone shall not be notified or served on affected persons.

Proposed Amendment

14B.6.12 Non-Notification of Development in Wairakei Residential Zone

Any application for a resource consent made under Rule 14B.6.l) – Restricted Discretionary Activity Rules in the Wairakei Residential Zone shall not be notified or served on affected persons. Plan Change 25 – No legal effect

14B.6.13 Restricted Discretionary Activity – Standards and Terms - Wairakei Residential Zone

Proposed Amendment

14B.6.13 Restricted Discretionary Activity – Standards and Terms - Wairakei Residential Zone


14B.6.13.1 Comprehensive Development Consent

a) No land within this zone of the Wairakei Urban Growth Area shall be developed for any permanent land use activity or associated buildings until a comprehensive development consent application has been submitted and approved by Council under this Rule for that part of the Wairakei Urban Growth Area in which the land is situated. The comprehensive development consent application for all initial development of land within this zone shall meet the standard and terms of Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms - Wairakei Residential Zone;

b) An Outline Development Plan and written environmental assessment including a design report written by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design, shall be submitted as part of the comprehensive development consent application to address how the standards and terms of Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms.- Wairakei Residential Zone can be met;

c) A concept design report shall be provided to establish the serviceability of each land parcel or site in meeting the needs of the stormwater management rules relating to Wairakei. The concept design report shall cover: i) The relevant stormwater consent applying to the proposed development; ii) The location, area, volume and form of storage ponds and other areas of land to be used for storage; iii) The total catchment served by the ponds and the expected runoff compared to the land uses and

runoff expected from the development area (that is the land covered by the application); iv) Overland flow paths for a 100 year event;


v) Assessment of and a statement of professional opinion from a suitability qualified engineer as to compliance with the relevant stormwater consent for Wairakei and the relevant conditions attached to that consent.

Proposed Amendment

14B.6.13.1 Comprehensive Development Consent

a) No land within this zone of the Wairakei Urban Growth Area shall be developed for any permanent land use activity or associated buildings until a comprehensive development consent application has been submitted and approved by Council under this Rule for that part of the Wairakei Urban Growth Area in which the land is situated. The comprehensive development consent application for all initial development of land within this zone shall meet the standard and terms of Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms - Wairakei Residential Zone;

b) An Outline Development Plan and written environmental assessment including a design report written by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design, shall be submitted as part of the comprehensive development consent application to address how the standards and terms of Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms.- Wairakei Residential Zone can be met;

c) A concept design report shall be provided to establish the serviceability of each land parcel or site in meeting the needs of the stormwater management rules relating to Wairakei. The concept design report shall cover:

i) The relevant stormwater consent applying to the proposed development; ii) The location, area, volume and form of storage ponds and other areas of land to be used for storage; iii) The total catchment served by the ponds and the expected runoff compared to the land uses and

runoff expected from the development area (that is the land covered by the application); iv) Overland flow paths for a 100 year event; v) Assessment of and a statement of professional opinion from a suitability qualified engineer as to

compliance with the relevant stormwater consent for Wairakei and the relevant conditions attached to that consent.


14B.6.13.2 Development Yield and Staging

a) Land within the Wairakei Urban Growth Area shall be comprehensively developed. The first areas of the Wairakei Urban Growth Area to be developed shall be Development Areas 1A and 1B, as shown on Diagram 11, Section 5, (Plan Maps, Part B) (Wairakei Urban Growth Area Staging Plan).

b) The minimum average nett yield per hectare in the Wairakei Residential Zone (as a Restricted Discretionary Activity) shall be in accordance with the yield in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas as it relates to Controlled Activities.

c) For the avoidance of doubt, a development shall remain a Restricted Discretionary Activity under this rule where the minimum average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas, except that the minimum average nett yield shall not be less than 12 dwellings per hectare.

d) If Rule 14B.6.13.2 c) - Development Yield and Staging applies, an assessment shall be provided with any application for resource consent which addresses: i) How the topographical, geotechnical and land form constraints of the subject site have affected the

ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas; and/ or

ii) How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas; and/ or

iii) How lower yields may be able to achieve better urban design outcomes; and/ or iv) How any shortfall in the minimum average nett yield may adversely affect the provision of services

and infrastructure within the Wairakei Urban Growth Area; and/ or v) How any shortfall in the achievement of yield can be made up by higher yield development in other

areas within the Wairakei Residential Zone and the Wairakei Neighbourhood Centre Zone.

Note: Any Activity that does not comply with Rule 14B.6.13.2 – Development Yield and Staging shall be considered a Non-Complying Activity.


Proposed Amendment

14B.6.13.2 Development Yield and Staging

a) Land within the Wairakei Urban Growth Area shall be comprehensively developed. The first areas of the Wairakei Urban Growth Area to be developed shall be Development Areas 1A and 1B, as shown on Diagram 11, Section 5, (Plan Maps, Part B) (Wairakei Urban Growth Area Staging Plan).

b) The minimum average nett yield per hectare in the Wairakei Residential Zone (as a Restricted Discretionary Activity) shall be in accordance with the yield in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas as it relates to Controlled Activities.

c) For the avoidance of doubt, a development shall remain a Restricted Discretionary Activity under this rule where the minimum average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas, except that the minimum average nett yield shall not be less than 12 dwellings per hectare.

d) If Rule 14B.6.13.2 c) - Development Yield and Staging applies, an assessment shall be provided with any application for resource consent which addresses: i) How the topographical, geotechnical and land form constraints of the subject site have affected the

ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas; and/ or

ii) How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas; and/ or

iii) How lower yields may be able to achieve better urban design outcomes; and/ or iv) How any shortfall in the minimum average nett yield may adversely affect the provision of services

and infrastructure within the Wairakei Urban Growth Area; and/ or v) How any shortfall in the achievement of yield can be made up by higher yield development in other

areas within the Wairakei Residential Zone and the Wairakei Neighbourhood Centre Zone.

Note: Any Activity that does not comply with Rule 14B.6.13.2 – Development Yield and Staging shall be considered a Non-Complying Activity.

Plan change 25 – No Legal Effect

14B.6.13.3 Papamoa Beach Road Capacity

e) Up to one thousand (1000) consented independent dwelling units or dwelling unit equivalents, for which resource consent approval has already been granted under Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms - Wairakei Residential Zone, may be developed within the Wairakei Urban Growth Area before the Te Okuroa Drive connection to Parton Road must be made. After the first 1000 independent dwelling units have been granted consent, further consents will only be granted as a Restricted Discretionary Activity where the applicant can show that traffic carrying capacity is available on Papamoa Beach Road. The carrying capacity of Papamoa Beach Road is a maximum of 14, 300 vehicles per day (recorded just east of Parton Road).

f) Once the carrying capacity of Papamoa Beach Road is met the development of any further dwelling units or dwelling unit equivalents shall be a Non Complying activity unless Te Okuroa Drive is fully constructed in accordance with the requirements of the Council’s Infrastructure Development Code between the consent (land use, subdivision or building consent) location and Parton Road.

Note: Any Activity that does not comply with Rule 14B.6.13.3 – Papamoa Beach Road Capacity shall be considered a Non-Complying Activity.

Proposed Amendment

14B.6.13.3 Papamoa Beach Road Capacity

a) Up to one thousand (1000) consented independent dwelling units or dwelling unit equivalents, for which resource consent approval has already been granted under Rule 14B.6.13 - Restricted Discretionary Activities –Standard and Terms - Wairakei Residential Zone, may be developed within the Wairakei Urban Growth Area before the Te Okuroa Drive connection to Parton Road must be made. After the first 1000 independent dwelling units have been granted consent, further consents will only be granted as a Restricted Discretionary Activity where the applicant can show that traffic carrying capacity is available on Papamoa Beach Road. The carrying capacity of Papamoa Beach Road is a maximum of 14, 300 vehicles per day (recorded just east of Parton Road).


b) Once the carrying capacity of Papamoa Beach Road is met the development of any further dwelling units or dwelling unit equivalents shall be a Non Complying activity unless Te Okuroa Drive is fully constructed in accordance with the requirements of the Council’s Infrastructure Development Code between the consent (land use, subdivision or building consent) location and Parton Road.

Note: Any Activity that does not comply with Rule 14B.6.13.3 – Papamoa Beach Road Capacity shall be considered a Non-Complying Activity.


14B.6.13.4 Stormwater Management

a) Stormwater within the Bell Road Catchment shall be managed in accordance with the Discharge Consent for Catchments G and H in the Bell Road Catchment (Consent Number 65120);

b) Development for any permanent land use activity within that part of the Wairakei Residential Zone that discharges into the Wairakei Stream Corridor shall provide storage equal to 40% of the difference in runoff volume between the undeveloped and developed state for a 100 year ARI 48Hour rainfall event;

c) Development for any permanent land use activity shall ensure that the combined primary and secondary stormwater systems are designed so that the top water level in the Wairakei Urban Growth Area does not exceed a height of 4.6m RL (relative to Moturiki Datum) in a 100 year ARI 48 Hour rainfall event;

d) Development for any permanent land use activity shall ensure that stormwater systems for discharges into the Wairakei Stream

the concentration of suspended solids in stormwater discharges shall not exceed 150g/m3 at any time except where the design event of a 1 in 10 year (10% AEP) rainfall event is exceeded; and

the stormwater discharge is substantially free of floatable solids, oil and grease;

e) Development for permanent land use activity shall ensure that stormwater systems for discharges in the Bell Road Catchment are designed to comply with the water quality standards set by the Bell Road Stormwater Consent (Consent Number 65120) for discharges from Catchments G and H;

f) Development for any permanent land use activity shall ensure that stormwater systems are designed so that stormwater will not spill onto the Tauranga Eastern Motorway in a 1 in a 100 year (1% AEP) rainfall event;

g) Development for any permanent land use activity shall be designed to incorporate emergency overflows into the Bell Road Catchment. The emergency overland flowpaths shall be located within the western and eastern areas identified in Appendix 14.O, and shall have the capacity to convey excess flood flow in flood events greater than 1 in a 100 year (1% AEP) 48 hour rainfall event and up to a 1 in 500 year (0.2% AEP) 48 hour rainfall event;

h) Ground soakage shall be used for the disposal of stormwater from roofs of residential buildings in the Wairakei Residential Zone, where practicable;

i) Prior to the issuing of a Section 224 certificate to any land use development or subdivision the stormwater ponds and associated discharge connections and structures must be completed to the full extent required to serve that development, development area or subdivision. Where those devices are to be constructed on-site as part of the development or subdivision, they shall be installed and operational prior to any pavement or impervious surfaces being formed within the sub-catchment they serve.

Note: Any activity that does not comply with Rule 14B.6.13.4 – Stormwater Management shall be considered a Non-Complying Activity.

Note : (i) Use of ground soakage for the disposal of stormwater from roofs of non-residential buildings is also encouraged.

(ii) The Council holds stormwater catchment consents for the Papamoa (Wairakei) Catchment Area, and for the two catchments that discharge into the Bell Road drain. These consents and the areas covered by them are described in the Plan within the Comprehensive Stormwater Consent definition.

(iii) A network of stormwater ponds will be provided throughout the Wairakei Urban Growth Area to detain and treat stormwater. Some will be permanently wet and others dry, required only during periods of heavy rainfall.


(iv) Stormwater mitigation required under Rule 14B.6.13.4(b) can be provided for by including (but not restricted to) the use of ponds, grassed swales, reserves and local roads.

(v) In order for the emergency overland Flowpaths to have the capacity required under Rule 14B.6.13.4(g) , the overflows can be developed with a minimum overflow weir level of 4.6m RL and a maximum overflow weir level of 4.7m RL. It is likely that the clear width at weir level of the overflow required for the western area is 10m minimum, and 50m minimum for the eastern area, as shown in Appendix 14.O.

Proposed Amendment

14B.6.13.4 Stormwater Management

a) Stormwater within the Bell Road Catchment shall be managed in accordance with the Discharge Consent for Catchments G and H in the Bell Road Catchment (Consent Number 65120);

b) Development for any permanent land use activity within that part of the Wairakei Residential Zone that discharges into the Wairakei Stream Corridor shall provide storage equal to 40% of the difference in runoff volume between the undeveloped and developed state for a 100 year ARI 48Hour rainfall event;

c) Development for any permanent land use activity shall ensure that the combined primary and secondary stormwater systems are designed so that the top water level in the Wairakei Urban Growth Area does not exceed a height of 4.6m RL (relative to Moturiki Datum) in a 100 year ARI 48 Hour rainfall event;

d) Development for any permanent land use activity shall ensure that stormwater systems for discharges into the Wairakei Stream • the concentration of suspended solids in stormwater discharges shall not exceed 150g/m3 at any

time except where the design event of a 1 in 10 year (10% AEP) rainfall event is exceeded; and

• the stormwater discharge is substantially free of floatable solids, oil and grease;

e) Development for permanent land use activity shall ensure that stormwater systems for discharges in the Bell Road Catchment are designed to comply with the water quality standards set by the Bell Road Stormwater Consent (Consent Number 65120) for discharges from Catchments G and H;

f) Development for any permanent land use activity shall ensure that stormwater systems are designed so that stormwater will not spill onto the Tauranga Eastern Motorway in a 1 in a 100 year (1% AEP) rainfall event;

g) Development for any permanent land use activity shall be designed to incorporate emergency overflows into the Bell Road Catchment. The emergency overland flowpaths shall be located within the western and eastern areas identified in Appendix 14.O, and shall have the capacity to convey excess flood flow in flood events greater than 1 in a 100 year (1% AEP) 48 hour rainfall event and up to a 1 in 500 year (0.2% AEP) 48 hour rainfall event;

h) Ground soakage shall be used for the disposal of stormwater from roofs of residential buildings in the Wairakei Residential Zone, where practicable;

i) Prior to the issuing of a Section 224 certificate to any land use development or subdivision the stormwater ponds and associated discharge connections and structures must be completed to the full extent required to serve that development, development area or subdivision. Where those devices are to be constructed on-site as part of the development or subdivision, they shall be installed and operational prior to any pavement or impervious surfaces being formed within the sub-catchment they serve.

Note: Any activity that does not comply with Rule 14B.6.13.4 – Stormwater Management shall be considered a Non-Complying Activity. Note : (i) Use of ground soakage for the disposal of stormwater from roofs of non-residential buildings is also encouraged. (ii) The Council holds stormwater catchment consents for the Papamoa (Wairakei) Catchment Area, and for the two catchments that discharge into the Bell Road drain. These consents and the areas covered by them are described in the Plan within the Comprehensive Stormwater Consent definition (iii) A network of stormwater ponds will be provided throughout the Wairakei Urban Growth Area to detain and treat stormwater. Some will be permanently wet and others dry, required only during periods of heavy rainfall. (iv) Stormwater mitigation required under Rule 14B.6.13.4(b) can be provided for by including (but not restricted to) the use of ponds, grassed swales, reserves and local roads.


(v) In order for the emergency overland Flowpaths to have the capacity required under Rule 14B.6.13.4(g) , the overflows can be developed with a minimum overflow weir level of 4.6m RL and a maximum overflow weir level of 4.7m RL. It is likely that the clear width at weir level of the overflow required for the western area is 10m minimum, and 50m minimum for the eastern area, as shown in Appendix 14.O.


14B.6.13.5 Building Height

The maximum height of any building on a site shall be 9.5m.

14B.6.13.6 Building Platforms

All new buildings shall have a minimum building platform level (relative to Moturiki Datum) of:

a) 4.8 m RL for non habitable residential buildings;

b) 5.1 m RL for habitable buildings (including attached garages).

14B.6.13.7 Road Standards

a) Roads shall be designed and constructed in accordance with the Council’s Infrastructure Development Code for that type of road;

b) Any development on land adjoining the Boulevard or Te Okuroa Drive shall have that section of the road adjoining the development site constructed to its full width;

c) Development of land zoned Wairakei Residential shall be designed and constructed so that there is no direct road access to Te Okuroa Drive. For the avoidance of doubt, individual sites which are to be created for independent dwellings units only and zoned Wairakei Residential may have direct vehicle access from Te Okuroa Drive that meets the requirements of Chapter 4 – General Rules Provisions.

14B.6.13.8 Water Supply Standards

a) Up to one thousand (1000) consented independent dwelling units or dwelling unit equivalents, for which resource consent approval has already been granted under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone, may be developed within the Wairakei Urban Growth Area before a new water supply for Wairakei has been installed.

b) After the first 1000 independent dwelling units have been granted consent, further consents will only be granted as a Restricted Discretionary Activity where the applicant, through a report by an appropriately qualified expert, can show that water supply capacity is available in the existing water trunk main network serving Wairakei.

14B.6.13.9 Wastewater Standards

a) Twelve local and one intermediate pump stations are required to serve the Wairakei Urban Growth Area. Applicants shall locate the pump stations required to serve the subject development area in general accordance with Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15) and construct them in accordance with the Council’s Infrastructure Development Code;

b) Pump stations 10 and 12 should be constructed with pump station 10 discharging into pump station 12 by way of the planned rising and gravity mains shown on Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15). The development of land requiring the use of pump station 12 must show the connection enabling pump station 10 to discharge into pump station 12.

14B.6.13.10 Reserves

a) The amount of reserve and open space land within the Wairakei Urban Growth Area shall meet the Council’s Open Space Level of Service Policy (June 2010) requirements, and be identified as part of the comprehensive development consent process;

b) The final location, size and form of neighbourhood reserves must comply with the Council’s Best Practice Guide for Neighbourhood Reserves (2002).

14B.6.13.11 Outdoor Living Space and Sunlight

a) Each independent dwelling unit should have a private outdoor living space continuous with the dwelling unit which should, if at ground level, have a minimum area of 20m2 and minimum dimensions of 3m x 4m, or, if located above ground level should be a balcony of at least 6m2 having a minimum dimension of 1.5 metres;


b) Any nominated private outdoor living space should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines;

c) Any area of private outdoor living space should be located to receive at least 4 hours of sunlight on the 21 June.

14B.6.13.12 Streetscape

All garages and carports within sites located in the Wairakei Residential Zone should be located behind the line of the primary building frontage on that site.

14B.6.13.13 Minimum Dwelling Size

The minimum gross floorspace of any independent dwelling unit (excluding any accessory building) should be 45m2 for a studio unit, 55m2 for 1 bedroom unit, and 80m2 for independent dwelling units with 2 or more bedrooms.

Note: Any activity that does not comply with Restricted Discretionary Activity Rules - 14B.6.13.1 Comprehensive Development Consent, 14B.6.13.5 - Building Height, 14B.6.13.6 - Building Platforms, 14B.6.13.7 - Road Standards, 14B.6.13.8 - Water Supply Standards, 14B.6.13.9 - Wastewater Standards, 14B.6.13.10 - Reserves, 14B.6.13.11 - Outdoor Living Space and Sunlight, 14B.6.13.12 - Streetscape, 14B.6.13.13 - Minimum Dwelling Size inclusive shall still be considered as a Restricted Discretionary Activity under Rule 14B.6.l) – Restricted Discretionary Activity Rules.

Note: Any activity that does not comply with Rules 14B.6.13.2 - Development Yield and Staging, 14B.6.13.3 - Papamoa Beach Road Capacity, 14B.6.13.4 - Stormwater Management inclusive shall be considered as a Non complying Activity.

Proposed Amendment

14B.6.13.5 Building Height The maximum height of any building on a site shall be 9.5m.

14B.6.13.6 Building Platforms All new buildings shall have a minimum building platform level (relative to Moturiki Datum) of:

a) 4.8 m RL for non habitable residential buildings;

b) 5.1 m RL for habitable buildings (including attached garages).

14B.6.13.7 Road Standards a) Roads shall be designed and constructed in accordance with the Council’s Infrastructure Development

Code for that type of road;

b) Any development on land adjoining the Boulevard or Te Okuroa Drive shall have that section of the road adjoining the development site constructed to its full width;

c) Development of land zoned Wairakei Residential shall be designed and constructed so that there is no direct road access to Te Okuroa Drive. For the avoidance of doubt, individual sites which are to be created for independent dwellings units only and zoned Wairakei Residential may have direct vehicle access from Te Okuroa Drive that meets the requirements of Chapter 4 – General Rules Provisions.

14B.6.13.8 Water Supply Standards a) Up to one thousand (1000) consented independent dwelling units or dwelling unit equivalents, for

which resource consent approval has already been granted under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone, may be developed within the Wairakei Urban Growth Area before a new water supply for Wairakei has been installed.

b) After the first 1000 independent dwelling units have been granted consent, further consents will only be granted as a Restricted Discretionary Activity where the applicant, through a report by an appropriately qualified expert, can show that water supply capacity is available in the existing water trunk main network serving Wairakei.


14B.6.13.9 Wastewater Standards a) Twelve local and one intermediate pump stations are required to serve the Wairakei Urban Growth

Area. Applicants shall locate the pump stations required to serve the subject development area in general accordance with Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15) and construct them in accordance with the Council’s Infrastructure Development Code;

b) Pump stations 10 and 12 should be constructed with pump station 10 discharging into pump station 12 by way of the planned rising and gravity mains shown on Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15). The development of land requiring the use of pump station 12 must show the connection enabling pump station 10 to discharge into pump station 12.

14B.6.13.10 Reserves a) The amount of reserve and open space land within the Wairakei Urban Growth Area shall meet the

Council’s Open Space Level of Service Policy (June 2010) requirements, and be identified as part of the comprehensive development consent process;

b) The final location, size and form of neighbourhood reserves must comply with the Council’s Best Practice Guide for Neighbourhood Reserves (2002).

14B.6.13.11 Outdoor Living Space and Sunlight a) Each independent dwelling unit should have a private outdoor living space continuous with the

dwelling unit which should, if at ground level, have a minimum area of 20m2

and minimum dimensions of

3m x 4m, or, if located above ground level should be a balcony of at least 6m2

having a minimum

dimension of 1.5 metres; b) Any nominated private outdoor living space should be unobstructed by buildings, parking spaces or

vehicle access and manoeuvring areas and future boundary lines; c) Any area of private outdoor living space should be located to receive at least 4 hours of sunlight on the 21

June.

14B.6.13.12 Streetscape All garages and carports within sites located in the Wairakei Residential Zone should be located behind the line of the primary building frontage on that site.

14B.6.13.13 Minimum Dwelling Size The minimum gross floorspace of any independent dwelling unit (excluding any accessory building) should be

45m2

for a studio unit, 55m2

for 1 bedroom unit, and 80m2

for independent dwelling units with 2 or more bedrooms. Note: Any activity that does not comply with Restricted Discretionary Activity Rules - 14B.6.13.1 Comprehensive Development Consent, 14B.6.13.5 - Building Height, 14B.6.13.6 - Building Platforms, 14B.6.13.7 - Road Standards, 14B.6.13.8 - Water Supply Standards, 14B.6.13.9 - Wastewater Standards, 14B.6.13.10 - Reserves, 14B.6.13.11 - Outdoor Living Space and Sunlight, 14B.6.13.12 - Streetscape, 14B.6.13.13 - Minimum Dwelling Size inclusive shall still be considered as a Restricted Discretionary Activity under Rule 14B.6.l) – Restricted Discretionary Activity Rules.

Note: Any activity that does not comply with Rules 14B.6.13.2 - Development Yield and Staging, 14B.6.13.3 - Papamoa Beach Road Capacity, 14B.6.13.4 - Stormwater Management inclusive shall be considered as a Non complying Activity.



14B.6.14 Restricted Discretionary Activity - Matters of Discretion and Conditions - Wairakei Residential Zone

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

14B.6.14.1 General Matters

a) An assessment of a comprehensive development consent outline plan and design report to be submitted with the application which demonstrates how the proposal meets the standards and terms under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone;

b) Imposition of conditions related to compliance with an approved comprehensive development consent plan, compliance with relevant standards and terms under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone, and outcomes from consideration of the matters of discretion under Rule 14B.6.14 - Restricted Discretionary Activities – Matters of Discretion and Conditions – Wairakei Residential Zone, and associated easements and/or covenants and consent notices required to implement an approved plan.

14B.6.14.2 Objectives and Policies

a) Whether the proposal meets 14B.1.4 Objective – Comprehensive Development in the Wairakei Residential Zone and 14B.1.4.1 Policy – Comprehensive Development in the Wairakei Residential Zone.

14B.6.14.3 Character and Amenity

a) The extent to which the proposed development will contribute to establishing and maintaining a new urban residential neighbourhood environment at Wairakei;

b) A residential development is designed to allow sunlight into main living areas, bedrooms and studios;

c) A residential development is designed to create on-site amenity and visual privacy between units;

d) Buildings and activities are designed and located to minimise any adverse effects from noise within the building and from outdoor activity areas;

e) Activities within buildings are designed and orientated to enable passive surveillance of the street;

f) Architectural features, glazing and/or changes in material provide visual relief to the street frontage façade and street elevation of the building;

g) Vehicle and pedestrian access is designed and located to ensure safe and efficient movement on-site and to and from the street.

14B.6.14.4 Development Yield and Infrastructure

a) The matters in Rule 14B.6.13.2 - Development Yield and Staging and Policy 12A.1.1.3 - Target Yield Shortfalls in Urban Growth Areas;

b) Whether the proposal can address any adverse effects of the development on local water supply capacity, wastewater systems, stormwater management and the local road network capacity and how those effects can be adequately avoided, remedied or mitigated;

c) The extent to which the roads are designed to meet the standards and cross sections in the Council’s Infrastructure Development Code;

d) The construction of Te Okuroa Drive and the Boulevard to full width when adjoining development is undertaken;

e) The design and location of internal road connections to arterial or collector roads within Wairakei Urban Growth Area;

f) The extent to which provision is made for walking and cycling accessibility to / from and within the proposed development;

g) The extent to which the proposal is in general accordance with and supports implementation of Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15);

h) The extent to which the proposal meets the Council’s Open Space Level of Service Policy (June 2010) and local reserves and open spaces are designed in accordance with Council’s Best Practice Guide for Neighbourhood Reserves (2002).

Note: The Development Guide of Tauranga City Council will also be used as a reference guide only in consideration of these matters of discretion.


14B.6.14 Restricted Discretionary Activity - Matters of Discretion and Conditions - Wairakei Residential Zone


14B.6.14.1 General Matters

a) An assessment of a comprehensive development consent outline plan and design report to be submitted with the application which demonstrates how the proposal meets the standards and terms under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone;

b) Imposition of conditions related to compliance with an approved comprehensive development consent plan, compliance with relevant standards and terms under Rule 14B.6.13 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone, and outcomes from consideration of the matters of discretion under Rule 14B.6.14 - Restricted Discretionary Activities – Matters of Discretion and Conditions – Wairakei Residential Zone, and associated easements and/or covenants and consent notices required to implement an approved plan.

14B.6.14.2 Objectives and Policies

a) Whether the proposal meets 14B.1.4 Objective – Comprehensive Development in the Wairakei Residential Zone and 14B.1.4.1 Policy – Comprehensive Development in the Wairakei Residential Zone.

14B.6.14.3 Character and Amenity

a) The extent to which the proposed development will contribute to establishing and maintaining a new urban residential neighbourhood environment at Wairakei;







14B.6.14.4 Development Yield and Infrastructure

a) The matters in Rule 14B.6.13.2 - Development Yield and Staging and Policy 12A.1.1.3 - Target Yield Shortfalls in Urban Growth Areas;


c) The extent to which the roads are designed to meet the standards and cross sections in the Council’s

Infrastructure Development Code;

d) The construction of Te Okuroa Drive and the Boulevard to full width when adjoining development is undertaken;



g) The extent to which the proposal is in general accordance with and supports implementation of Diagram 12, Section 5, (Plan Maps Part B) (Wairakei Structure Plan) (SP15);

h) The extent to which the proposal meets the Council’s Open Space Level of Service Policy (June 2010) and local reserves and open spaces are designed in accordance with Council’s Best Practice Guide for Neighbourhood Reserves (2002).

Note: The Development Guide of Tauranga City Council will also be used as a reference guide only in consideration of these matters of discretion.



14B.6.15 Restricted Discretionary Activity - Standards and Terms – Retirement Villages

Retirement Villages defined as Restricted Discretionary Activities under Rule 14B.6 j) - Restricted Discretionary Activity Rules are subject to the following standards and terms:

a) Retirement villages shall comply with the following permitted activity rules: i) Rule 14B.3.2 – Building Height - Suburban Residential, Large Lot Residential; ii) Rule 14B.3.3 – Streetscape - Suburban Residential, Large Lot Residential; iii) Rule 14B.3.4 – Setbacks - Suburban Residential, Large Lot Residential; iv) Rule 14B.3.5 – Setbacks – Traffic Management – Safety - Suburban Residential, Large Lot

Residential; v) Rule 14B.3.6 – Overshadowing - Suburban Residential, Large Lot Residential;

b) Shall occur on a development site with a minimum gross site area of 5000m²;

c) The maximum development intensity shall be:

Activity Density

Independent dwelling units 1 per 200m² of gross site area

Rest home or retirement accommodation provided on a bed or room basis that is not an independent dwelling unit.

1 bed or resident per 75m² of gross site area

d) An application shall be accompanied by a design assessment prepared by a person suitably qualified and/or experienced in the field of urban design, building design or landscape design. This assessment shall be commensurate to the scale of the proposal and clearly discuss: i) The manner in which the activity relates to, and addresses adverse effects on, the residential

amenity values and character of its adjacent neighbours and the wider suburban residential environment.

e) An application shall be accompanied by an engineering assessment of infrastructural capacity within the subject catchment in relation to the anticipated water, wastewater and stormwater demands generated by the proposed activity;

f) Retirement villages shall also comply with the following sections of the Plan: i) The provisions of Chapter 4 – General Rules Provisions; ii) The provisions of Chapter 7 – Heritage; iii) The provisions of Chapter 8 – Natural Hazards; iv) The provisions of Chapter 9 – Hazardous Substances and Contaminated Land; v) The provisions of Chapter 11 – Financial Contributions; vi) The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Infrastructure

and Services; vii) The provisions of any Plan Area.

Note: Any activity that does not comply with Rules 14B.6.15 b), c), d) or e) - Restricted Discretionary Activity - Standards and Terms – Retirement Villages shall result in the activity being considered a Discretionary Activity.

Note: Activities that do not comply with Rules 14B.6.15 a) or 14B.6.15 f) - Restricted Discretionary Activity - Standards and Terms – Retirement Villages shall result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.

14B.6.16 Restricted Discretionary Activities – Matters of Discretion and Conditions – Retirement Villages


a) The extent to which the use maintains and/or enhances the residential amenity character and coherence of the surrounding neighbourhood;

b) The extent to which the scale, layout and appearance of built form and the use of landscape planting provides a transitional area at the edges of the development site (including any street frontage) to assist with its integration with adjacent land use;

c) The capacity of infrastructure to accommodate the anticipated demand of the activity;

d) The design and location of entry and exit points onto public roads;

e) The application of Financial Contributions in accordance with Chapter 11- Financial Contributions.


14B.6.17 Restricted Discretionary Activities – Matters of Discretion and Conditions - Activities not complying with the Permitted Activity Standards in the Papamoa Medium Rise Plan Area

14B.6.17.1 Permitted Activities in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.4 a) - Streetscape:


a) The extent to which the proposal would impact on maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the public private interface and from adjoining properties.

b) The extent to which the proposal would lead to the visual dominance of buildings as viewed from the street and from the surrounding neighbourhood.

c) The extent to which the proposal addresses adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public private interface.

14B.6.17.2 Permitted Activities in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.5 a) – Setbacks – Papamoa Medium Rise Plan Area and Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.5 b) ii) – Setbacks – Papamoa Medium Rise Plan Area



b) The extent to which the proposal would hinder the ability to maintain access for maintenance, including for buildings on adjoining properties;

c) The extent to which the proposal would lead to a visual dominance of buildings as viewed by adjoining and adjacent properties;

d) The extent to which the noncompliance can be mitigated through design measures including minimization of the length of encroachment into setback or landscaping.

14B.6.17.3 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.6 - Setbacks – Traffic Management and Safety:


a) The extent to which the matters in Policy 4B.1.3.1 On–site Parking Requirements are addressed;

14B.6.17.4 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.7 - Overshadowing:


a) The extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties.

14B.6.17.5 Permitted Activities in the Inland Neighbourhood or Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.8 - Access:

The Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity

can be accommodated without:

a) Compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement);

b) The loss of residential character and amenity.


14B.6.17.6 Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.9 - Building Length – Beachside Neighbourhood – Papamoa Medium Rise Plan Area


a) The extent to which the development contributes positively to the streetscape and the wider street scene, visual character and variety and ensures areas of blank walls are kept to a minimum;

b) The use of design features including relief features capable of casting shadow onto the adjacent façade to achieve the appearance of smaller residential scale units. Relief features can include eaves, balconies, verandahs, courtyards or recessed entry points;

c) The maintenance and enhancement of the open space and natural character values at the interface with the Coastal Marine Area and dune land;

d) The protection and enhancement of the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area and the Important Amenity Landscapes Plan Area;

e) The avoidance of adverse effects on the landscape character values within the coastal beach environment with regard to compatible landscape treatment including appropriate landscape interface treatment and selecting materials and colours for external surfaces that assist in integrating the built form into the adjoining coastal environment;

f) The extent to which the development has regard to the factors, values and associations of the adjoining dune land and Special Ecological Area;

g) The extent to which the area within building setbacks along the western boundary to the Conservation Zone, Outstanding Natural Features and Landscapes Plan Area and Special Ecological Area incorporates landscape planting to maintain and enhance the dune land and the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area as well as soften bulk and scale of built form when viewed from the direction of the Outstanding Natural Features and Landscapes Plan Area and the Special Ecological Area;

h) The extent to which the area within building setbacks along the road boundary to Papamoa Beach Road incorporates landscape planting to enhance amenity values and soften bulk and scale of built form, when viewed from the direction of Papamoa Beach Road and the surrounding Suburban Residential Zone.

14B.6.17.7 Permitted Activities in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area not complying with Rule 14B.4.7.10 – Fencing – Beachside Neighbourhood – Papamoa Medium Rise Plan Area


a) The extent to which overall fence or wall height within building setbacks contributes to softening bulk and scale of built form (including the bulk and scale of fence or wall) and enhancing the amenity values of the streetscape of Papamoa Beach Road and the public accessway along the eastern boundary;

b) The extent to which overall fence or wall height within building setbacks has regard to maintaining and enhancing the dune land and the factors, values and associations of the Special Ecological Area and the Outstanding Natural Features and Landscapes Plan Area.

14B.6.18 Restricted Discretionary Activity – Non - Notification of Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area

Any application for a resource consent within the Papamoa Medium Rise Plan Area, 12m Height Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 made under Rule 14B.6.19 Standards and Terms – Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area shall not be notified or served on affected persons.


14B.6.19 Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area

14B.6.19.1 Comprehensively Designed Development – Papamoa Medium Rise Plan Area – Inland Neighbourhood and Beachside Neighbourhood

In all circumstances where a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) is undertaken land use consent must precede subdivision consent or the subdivision consent may be undertaken concurrently with the land use consent. Subdivision consent for a comprehensively designed development shall not be granted until a land use consent is granted by Council for the development in accordance with the standards and terms in Rule 12B.3.1.1 b) – Medium Allotment Size and in accordance with Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and in addition for the Beachside Neighbourhood Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 2 and 3.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.2 Residential Development Density – Inland Neighbourhood and Beachside Neighbourhood - Papamoa Medium Rise Plan Area

The comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) density shall be between 1 independent dwelling unit per 200m2 of gross site area and 1 independent dwelling unit per 325m2 of gross site area.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.2 - Residential Development Density shall be considered a Discretionary Activity.

14B.6.19.3 Height – Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be: i) 9m for any part of any building within 20m of the external boundaries of the Inland Neighbourhood as

shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; and ii) 12m for any part of any building within 20m of the internal development boundary of the Inland

Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 where prior to building works relating to the increase in height being undertaken, the written approval of those property owners and occupiers whose properties adjoin the property on which the increase in height is proposed has been obtained and is clearly endorsed on all relevant building plans or other plans that show the increase in height. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s); and

iii) 12m for any part of any building further than 20m from the external boundaries of the Inland Neighbourhood or the internal development boundary of the Inland Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1; provided

iv) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area, no building or structure within any identified Viewshaft Protection Area shown within the Plan Maps, Part B in the Inland Neighbourhood, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps, Part B.

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any building, with the exception of the permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, on a site shall be: i) 9m for any part of any building within 20m of the external boundaries of the Beachside

Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; and

ii) 12m in all other circumstances in the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3; and


iii) in both i) and ii) above is contained within a height recession plane as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 2.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.3 - Height – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.4 Streetscape– Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area building setbacks shall ensure that at least 50% of any site frontage within the comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) site is in accordance with Rule 14B.4.7.4 a) – Streetscape requiring a 3m setback from the defined road boundary;

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area buildings shall be setback at least 3m from the external road boundary of the Beachside Neighbourhood with Papamoa Beach Road as shown on Appendix 14M Sheet 1 and 3.

Note: Any Restricted Discretionary Activity in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with Restricted Discretionary Activity Rule 14B.6.19.4 a)Streetscape – Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

Note: Any Restricted Discretionary Activity in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with Rule 14B.6.19.4 b) – Streetscape – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.5 Setbacks - Papamoa Medium Rise Plan Area

a) At the external boundaries of the Inland Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1: i) All buildings shall comply with Rule 14B.4.7.5 - Setbacks - Papamoa Medium Rise Plan Area; ii) A building may be erected closer to a side or rear boundary where, prior to the building works

relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5m of that property boundary. A maximum of two setbacks may be reduced through this Rule.

Note: Applying Rule 14B.6.19.5 – Setbacks - Papamoa Medium Rise Plan Area at the future internal boundaries of the Inland Neighbourhood within the comprehensively designed development site is optional.

b) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area buildings shall be setback: i) a minimum of 5m from the western external boundary of the Beachside Neighbourhood as shown on

Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and Sheet 3. ii) a minimum of 1.5m from the eastern external boundary of the Beachside Neighbourhood as shown

on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and Sheet 3.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.5 b) i) - Setbacks - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.5 b) ii) - Setbacks - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

14B.6.19.6 Building Length – Inland Neighbourhood - Papamoa Medium Rise Plan Area

In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area there shall be a maximum building length of 15 metres without façade setback or mitigation, such as architectural features, that provides visual relief to the façade and elevation of the building.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.6) - Building Length – Inland Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity


14B.6.19.7 Building Length - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 buildings orientated towards Papamoa Beach Road and all Conservation zoned land shall provide architectural relief in the wall facades as follows: i) A minimum stepping of 1.5 metres perpendicular to the wall façade shall occur a minimum of every

10 metres of the length of the wall façade.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Activity Rule 14B.6.19.7) - Building Length – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

14B.6.19.8 Overshadowing - Papamoa Medium Rise Plan Area

a) At the external boundaries of both the Inland Neighbourhood and Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all buildings, excluding any overshadowing intrusions permitted under Rule 4H.2.2 – Permitted Overshadowing Envelope, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing;

b) A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property files(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights-of-way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property.

Note: Applying Rule 14B.6.19.8 - Overshadowing - Papamoa Medium Rise Plan Area at the future internal boundaries within a comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) Site is optional.

14B.6.19.9 Outdoor Living Area – Papamoa Medium Rise Plan Area

a) In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all independent dwelling units, other than in apartment buildings, shall be provided with an outdoor living area which shall: i) Comprise a continuous area with minimum dimensions of 4m by 3m; ii) Be for the exclusive use of the independent dwelling unit; iii) May be provided at ground floor level or as a balcony; iv) Be directly accessible from a main living area of the independent dwelling unit; v) If provided for at ground floor level be free of driveways, manoeuvring areas, parking and buildings

but may include uncovered decks of less than 1 metre in height.

b) In both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area all apartments, including ground floor apartments, shall have an uncovered balcony or a deck of the following minimum dimensions: i) For 1 bedroom apartments – a minimum 6m2; ii) For 2 bedroom apartments – a minimum of 8m2; iii) For 3 bedroom apartments – a minimum of 10m2.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.9 - Outdoor Living Area – Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

14B.6.19.10 Fencing–Inland Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Inland Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any boundary fences or walls shall be: i) 1.2m on the front property boundary of any site. Planting may be used for additional visual

screening; ii) 1.8m on any side and rear property boundaries of any site;


iii) 1.2m when adjoining any public space or within 3m of any public space including the stormwater retention area reserves shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1. Such fencing shall be at least 50% visually permeable.

14B.6.19.11 Fencing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area the maximum height of any boundary fences or walls at the external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and 3 shall be: i) 1.2m, within 3m of Papamoa Beach Road; ii) 1.2m on the northern boundary adjoining the Conservation Zone and Special Ecological Area and

shall be at least 50% visually permeable; iii) 1.8m on the western side boundary adjoining the Conservation Zone and shall be at least 50%

visually permeable; iv) 1.8m on the eastern boundary adjoining the existing public walkway and at least 50% visually

permeable.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.11 - Fencing - Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

14B.6.19.12 External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

The ground floor of any building on the western and northern external boundaries of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 shall have a external reflectance value less than 50% (excluding fasciae, windows and door frames in accordance with the reflectance values set out in the British Standard 5252 Colour Framework).

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.12 - External Finish of Buildings - Beachside Neighbourhood – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.13 Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 glazing of any building shall not be of mirror finish.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.13 - Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity

14B.6.19.14 Location of Vehicle Parking - Beachside Neighbourhood- Papamoa Medium Rise Plan Area

a) In the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3 no on-site vehicle parking areas for resident or visitor parking shall be provided within the streetscape required by Rule 14B.6.19.4 - Streetscape – Papamoa Medium Plan Rise Area.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.14 - Location of Vehicle Parking – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

14B.6.19.15 Active Management Buffer - Beachside Neighbourhood - Papamoa Medium Rise Plan Area

a) Within the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area provision shall be made for an Active Management Buffer within the Beachside Neighbourhood as set out on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3.

b) The Active Management Buffer shall: i) Be within the 5m setback from the Conservation Zone Boundary and the RL 8.0 at the toe of the

central dune land form as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheets 1 and 3;


ii) Restrict any planting in this buffer to native dune species; iii) Provide for a minimum planting coverage of at least 50% of the Active Management Buffer area; iv) Limit buildings, structures and activities within the Active Management Buffer to:

1) Landscaped planted areas utilising native species; 2) Garden structures (including but not limited to fences, steps, pergolas, shade sails, barbeque

areas, alfresco dining areas, clotheslines); 3) Decks and or patios less than 1m in height and 30m² in area 4) Permitted Setback Intrusions of Rule 4H.2.1 – Permitted Setback Intrusions; 5) Eaves and balconies of adjoining buildings providing these do not overhang the minimum

planting coverage area in Rule 14B.6.19.5 b) iii) – Active Management Buffer – Beachside Neighbourhood – Papamoa Medium Rise Plan Area above;

6) Subsurface structures provided that reinstatement and restoration, including ecological restoration of the area disturbed, shall be undertaken utilising native dune species in accordance with accepted ecological practice within 6 months of the completion of the work;

v) Address access to the adjoining Conservation Zone and animal and plant pest management within the Active Management Buffer.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.15 - Active Management Buffer – Beachside Neighbourhood - Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.16 Design Report – Papamoa Medium Rise Plan Area

For the purpose of implementation of Rule 14B.6.19 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area any application for a comprehensively designed development in the Inland Neighbourhood or the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area shall be accompanied by a design report by an independent person suitably qualified and/or experienced in the field of urban planning, urban design, building design or landscape design that demonstrates how the standards and terms under Rule 14B.6.19 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area are met.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.16 - Design Report – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.17 Engineering Assessment – Papamoa Medium Rise Plan Area

a) A suitably qualified engineer shall prepare an engineering assessment of the effects of the proposed comprehensively designed development on the planned capacity within the wider Papamoa Financial Contributions Urban Growth Area (Diagram 5 Part B, Planning Maps) in terms of: i) Anticipated wastewater discharge at the point of connection of the site’s infrastructure to the

Papamoa Wastewater Trunk Main; ii) Anticipated water demand at the point of connection to the site’s infrastructure to the water supply; iii) The management of anticipated stormwater generation on the site.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.17 - Engineering Assessment – Papamoa Medium Rise Plan Area shall be considered a Discretionary Activity.

14B.6.19.18 Building Platform Requirements – Papamoa Medium Rise Plan Area

A minimum building platform level of RL5 metres above Moturiki datum shall apply.

Note: Any Restricted Discretionary Activity that does not comply with Restricted Discretionary Rule 14B.6.19.18 - Building Platform Requirements - Papamoa Medium Rise Plan Area shall still be considered a Restricted Discretionary Activity.

Note: For the avoidance of doubt, where relevant, the provisions of Chapter 4 – General Rules Provisions, also apply.


14B.6.20 Restricted Discretionary Activity - Matters of Discretion and Condition - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area

14B.6.20.1 Comprehensively Designed Development in both the Inland Neighbourhood and the Beachside Neighbourhood, Papamoa Medium Rise Plan Area

In considering comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) the Council restricts the exercise of its discretion in both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area to:

a) The extent to which the proposal integrates with the residential environment in the immediate locality, including adjoining and or adjacent Suburban Residential zoned properties through: i) The standard of architecture; ii) Sensitivity to the residential character and amenity values of the locality, both within the site and in

the surrounding Suburban Residential area including: 1) The effects of not meeting setback and overshadowing provisions at the external boundary of

the Inland Neighbourhood of the Papamoa Medium Rise Plan Area as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 on the visual and aural privacy of occupants on adjoining sites; the ability to maintain access for maintenance including for buildings on adjoining sites; and the loss of sunlight and daylight on adjoining sites particularly in relation to outdoor living areas or the main indoor living area windows

2) The effects of not meeting setback and overshadowing provisions at the eastern external boundary of the Beachside Neighbourhood as shown on Appendix 14M: Papamoa Medium Rise Plan Area - Sheet 1 and 3, on the visual and aural privacy of occupants on adjoining suburban residential zoned sites, and the loss of sunlight and daylight on these adjoining sites particularly in relation to outdoor living areas or the main indoor living area’s windows;

iii) Visual character and variety iv) Areas of blank walls being kept to a minimum; v) The use of design features including relief features capable of casting shadow onto the adjacent

façade to achieve the appearance of smaller residential scale units. Relief features can include eaves, balconies, verandahs, courtyards or recessed entry points;

b) The extent to which the development contributes positively to the streetscape and the wider street scene;

c) The extent to which the development addresses on site privacy and amenity through: i) Providing residents with outlook and outdoor space related to each unit; ii) The provision for alternative on-site provision for outdoor living areas or leisure facilities and outlook

over public open space as mitigation where there is a reduction in on-site outdoor open space; iii) Visual and aural privacy of occupants and neighbours; iv) Access points into the site, and car parking areas, being sited and designed to avoid the adverse

effects of noise and other effects on aural or visual privacy.

d) Extent to which the development addresses on-site safety and security through; i) Buildings being designed to ensure good visual contact between dwellings and the public spaces; ii) Lighting for amenity and crime prevention being an integral part of the development, and being

designed and positioned to maximise the personal safety of occupants and visitors without creating nuisance for adjoining properties or drivers of vehicles from excessive glare;

iii) Fencing and boundary walls not being dominant when viewed from the street and from the surrounding neighbourhood.

e) The extent to which the development addresses traffic, parking and servicing requirements through: i) Providing for safe traffic, parking, and servicing effectively and efficiently; ii) Providing for resident and visitor parking and manoeuvring and site access in accordance with

Chapter 4 – General Rules Provisions of the Plan; iii) Providing for vehicle and pedestrian/cyclist links to, from, through and/or around the development in

a way that provides opportunities for physically connecting to and from public reserves and walkways shown on the relevant Urban Growth Plan - Section 6, Plan Maps (Part B);

iv) Providing for refuse collection, recycling, outdoor storage and similar services that is appropriately sized in relation to the scale of the development, collection points and facilities being readily accessible by service vehicles and workers and not detracting visually or generating health risks in the area.


f) The extent to which the development addresses on-site landscaping planting through: i) Integrating buildings, use of private, public or common use areas on the site, and softening the visual

effect of the development on the surrounding environment; ii) The use of planting in relation to resident and visitor parking and manoeuvring and site access and

ensure resident and visitor parking and manoeuvring and site access parking does not dominate the appearance or functioning of the development;

g) The application of financial contributions in accordance with Chapter 11 – Financial Contributions.

h) The extent to which the capacity of existing or planned infrastructure can provide for the comprehensively designed development without adverse effects on the capacity of the local infrastructure to service the wider Papamoa Urban Growth Area as identified in Diagram 5, Section 5, (Plan Maps, Part B) (Financial Contributions Urban Growth Areas) and potential proposed mitigation including financial contributions under Chapter 11 – Financial Contributions to mitigate the effects of greater population density resulting from the comprehensively designed development.

i) The relevant design objectives and design standards and terms in Rule 14B.6.19 - Restricted Discretionary Activity – Standards and Terms - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area and the imposition of any condition directly related to the matters of discretion including: i) Streetscape; ii) Building form; iii) Outlook and outdoor spaces; iv) Visual and aural privacy; v) Landscape planting vi) Traffic, parking, access, pedestrian accessibility and safety.

j) The location, design and suitability of building platforms for their intended use;

14B.6.20.2 Comprehensively Designed Development in the Beachside Neighbourhood, Papamoa Medium Rise Plan Area - Additional Matters of Discretion and Conditions

In addition to the matters set out in Rule 14B.6.20.1 - Comprehensively Designed Development in both the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area for comprehensively designed development (Suburban Residential Zone – urban growth areas and Papamoa Medium Rise Plan Area) in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area Council restricts the exercise of its discretion to:

a) The extent to which the development: i) Maintains and enhances the open space and natural character values at the interface with the

Coastal Marine Area and dune land; ii) Protects and enhances the factors, values and associations of the Outstanding Natural Features and

Landscapes Plan Area and the Outstanding Natural Features and Landscapes Plan Area; iii) Does not adversely affect the landscape character values within the coastal beach environment with

regard to compatible landscape treatment including appropriate landscape interface treatment and selecting materials and colours for external surfaces that assist in integrating the built form into the adjoining coastal environment;

iv) Has regard to the factors, values and associations of the adjoining dune land and Special Ecological Area;

v) The area within building setbacks along the western boundary to the Conservation Zone, Outstanding Natural Features and Landscapes Plan Area and Special Ecological Area incorporates landscape planting to maintain and enhance the dune land and the factors, values and associations of the Outstanding Natural Features and Landscapes Plan Area as well as soften bulk and scale of built form when viewed from the direction of the Outstanding Natural Features and Landscapes Plan Area and the Special Ecological Area;

vi) The extent to which planting and fencing within the building setback along the eastern external boundary of the Beachside Neighbourhood has regard to enhancing the amenity values of the public accessway;

vii) The area within building setbacks along the road boundary to Papamoa Beach Road incorporates landscape planting to enhance amenity values and soften bulk and scale of built form, when viewed from the direction of Papamoa Beach Road and the surrounding Suburban Residential Zone.

Note: The Development Guide (October 2008) of the Tauranga City Council may be used as a reference guide in consideration of these matters of discretion and conditions.


14B.6.21 Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site

a) Any application for a restricted discretionary land use consent within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential shall comply with: i) Rule 14B.3.1 - Residential Development Density – Suburban Residential, Large Lot Residential; ii) Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.3 - Streetscape - Suburban Residential, Large Lot Residential; iv) Rule 14B.3.4 - Setbacks – Suburban Residential, Large Lot Residential; v) Rule 14B.3.5 - Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot

Residential; vi) Rule 14B.3.6 - Overshadowing – Suburban Residential, Large lot Residential; vii) Rule 14B.3.7 - Site Coverage – Suburban Residential Zone; viii) Rule 14B.3.9 - Access - Suburban Residential, Large Lot Residential; ix) Rule 14B.3.10 - Outdoor Living Area – Suburban Residential; x) Rule 14B.3.11 - Homestays - Suburban Residential, Large Lot Residential; xi) Rule 14B.3.12 - Home-Based Business - Suburban Residential, Large Lot Residential; xii) Rule 14B.3.13 - Secondary Independent Dwelling Units - Suburban Residential, Large Lot

Residential; xiii) Rule 14B.3.14 - Heavy Machinery - Suburban Residential, Large Lot Residential; xiv) Rule 14B.3.16 - Showhomes; xv) Rule 14B.8 - Rules in Other Sections of the Plan.

b) The combination of existing and proposed independent dwelling units and/or dwelling unit equivalents within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential and identified as Area A on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheet 1) shall not exceed 150;

c) Any application for a restricted discretionary land use consent shall be accompanied by a geotechnical assessment prepared by a qualified geotechnical engineer and shall at a minimum: i) Consider the proposal against Policy 14A.1.4.1 i) ii) Policy - Scheduled Sites in the Residential

Zones; ii) Consider the proposal against the requirements of QA-2.2 Development Evaluation Report and QA-

2.4.1 Geotechnical Assessment Report as outlined within the Tauranga City Infrastructure Development Code.

d) Any application for a restricted discretionary land use consent shall be in accordance with Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);

e) Any application for a restricted discretionary land use consent shall comply with, UG1, Section 6, Urban Growth Plans (Plan Maps, Part B);

f) Any application for a restricted discretionary land use consent shall be accompanied by a stormwater assessment prepared by a suitably qualified engineer with expertise in the field of stormwater management. This assessment shall identify the extent to which the proposed stormwater infrastructure (stormwater management areas, swales, wetlands and drains) serving the land use development achieves: i) A comprehensive stormwater management system that accommodates flows from a 50 year return

period storm event (2% AEP) for the entire Central Bethlehem Scheduled Site; ii) A primary conveyance method of the stormwater management system that accommodates flows

from a 10 year return period storm event (10% AEP) for the entire Central Bethlehem Scheduled Site;

iii) The avoidance and/or mitigation of potential adverse effects on the upstream and downstream catchment within the subject stormwater catchment;

iv) An overall design utilising low impact stormwater design in accordance with DC-1.4.8 Infrastructure Stormwater Management and Low Impact Design and DS-1.4.8.1 Design Elements as outlined within the Tauranga City Infrastructure Development Code;

g) Any application for a restricted discretionary land use consent shall be accompanied by an ecological assessment prepared by a suitably qualified ecologist. This assessment shall provide for the management of native fish species within the Central Bethlehem Scheduled Site to ensure their habitat protection within either existing wetlands or modified watercourses;

h) Any application for a restricted discretionary land use consent shall ensure that no building or structure may be established within the Landscape Planted Areas shown on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);


i) Any application for a restricted discretionary land use consent shall be accompanied by an earthworks development plan, identifying how raising of the ground level shall be battered to integrate with the surrounding environment and contours, including the existing drains and wetland areas, to retain the pre-development rural landscape character;

j) Any application for a restricted discretionary land use consent shall be accompanied by a landscape and visual assessment and a landscape planting plan prepared by a suitably qualified landscape architect. This shall, as a minimum: i) Consider the proposal against 6A.1.9 – Objective - Urban Landscape Character and 6A.1.9.1 –

Policy - Maintenance and Enhancement of Landscape Character in Urban Areas and Policy 14A.1.4.1 i) i) - Policy - Scheduled Sites in the Residential Zones;

ii) Have particular regard to the interface of the Central Bethlehem Scheduled Site with adjoining sites in the context of the Central Bethlehem Scheduled Sites pre-development rural landscape character; which is intended to be mitigated by the Landscape Planting Areas shown on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);

iii) Outline the proposed finished earthworks and contours for the Scheduled Site; iv) Outline the proposed landscape planting of the Landscape Planting Areas, 20m Wide Open Corridor,

the internal margins of the Internal Road Corridor and all existing and proposed Stormwater Treatment Areas, swales, wetlands and drains identified in Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2);

v) Include a planting, maintenance and replacement schedule, which includes plant species, grades and quantities at time of planting, and responsibilities of landowners to implement and maintain the Landscape Planted Areas;

vi) Where fencing is proposed, specify fencing that is of a rural landscape character with a minimum of 50 per cent visual permeability in the following locations: 1) Adjacent to the boundary with Parau Farms Active Reserve; 2) Adjacent to all proposed pedestrian walkways, public and private open spaces; 3) Adjacent to all zoned Rural and Rural Residential allotments within the Scheduled Site and on

the external boundaries of the Scheduled Site.

Note: Any application for a land use consent that does not comply with Rule 14B.6.21 Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Discretionary Activity under Rule 14B.7- Discretionary Activities, with the exception of non-compliance with Rule 14B.6.21 (a) iii)-vi), viii), ix) and xiv) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site.

Note: Any application for land use consent that does not comply with Rules 14B.6.21 (a) iii)-vi), viii), ix) and xiv) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Restricted Discretionary Activity and assessed in accordance with Rule 14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions.

Note: Any application for land use consent that does not comply with Rules 14B.6.21 (a) x), xi) and xiii) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site shall be considered as a Non-Complying Activity.


14B.6.22 Restricted Discretionary Activities – Matters of Discretion and Conditions - Central Bethlehem Scheduled Site

In considering any restricted discretionary land use application for the Central Bethlehem Scheduled Site, the Council restricts the exercise of its discretion to:

a) The matters in 6A.1.9 – Objective - Urban Landscape Character, 6A.1.9.1 – Policy - Maintenance and Enhancement of Landscape Character in Urban Areas, and 14A.1.4.1 i) i) - Policy - Scheduled Sites in the Residential Zones;

b) Compliance with the matters outlined in Rule 14B.6.1 Restricted Discretionary Activities – Matters of Discretion and Conditions;

c) The extent to which the proposal is in accordance with and supports the implementation of Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2) and UG1, Section 6, Urban Growth Plans (Plan Maps, Part B);

d) The matters in objectives and policies under the heading 8A.1 Objectives and Policies for the Natural Hazards Provisions and 14A.1.4.1 i) ii) - Policy - Scheduled Sites in the Residential Zones;

e) The extent to which the proposal avoids or mitigates any adverse effects on: i) The capacity of Council’s water, stormwater and wastewater infrastructure; ii) The management of native fish species within the Central Bethlehem Scheduled Site to ensure their

habitat protection within either existing wetlands or modified watercourses; iii) The rural landscape character of adjoining rural and rural residential zoned properties along the

northern and southern escarpments including the existing rural aspect and visual connectivity to the Wairoa River;

f) The extent to which all earthworks (excluding earthworks associated with the internal road corridor as identified on Appendix 14N: Outline Development Plan - Central Bethlehem Scheduled Site (Sheets 1 & 2)) are battered to integrate with the surrounding environment and contours, including the existing drains and wetland areas, and the extent of mitigation of effects on the pre-development rural landscape character;

g) In addition to the matters above, any matters required to be included or assessed in a document prepared by a qualified expert in accordance with Rules 14B.6.21 c), f), g) and j) – Special Restricted Discretionary Activities – Standards and Terms - Central Bethlehem Scheduled Site (Standards and Terms), and any recommendations or mitigation measures included in such a document.

14B.6.23 Non-Notification of Resource Consents - Central Bethlehem Scheduled Site

Any application for a restricted discretionary resource consent within the Central Bethlehem Scheduled Site shall not be notified or served on affected parties.

14B.6.24 Restricted Discretionary Activities – Standards and Terms – Yield Shortfalls in Urban Growth Areas

For activities in an Urban Growth Area which are a Restricted Discretionary Activity under Rule 14B.6 m) – Restricted Discretionary Activity Rules, an assessment shall be provided with an application for resource consent which addresses:

a) How the topographical, geotechnical and land form constraints of the subject site have affected the ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and/or

b) How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and

c) How lower yields may be able to achieve high-quality urban design in future development.

d) How higher yields will be able to achieve high-quality urban design;

e) How any shortfall in the minimum average nett yield may adversely affect the provision and funding of infrastructure within an urban growth area;


f) In particular for Pyes Pa West: i) The options and opportunities for a variety of lot sizes, including opportunities for higher-density

development within the Pyes Pa Medium-Rise Plan Area and comprehensive development within the Suburban Residential Zone;

g) In particular for Wairakei: i) How any shortfall can be made up by higher yield development in other areas within the Wairakei

Residential Zone and the Wairakei Neighbourhood Centre Zone

h) Submission of a master plan for any balance allotments or stages showing indicative development and the balance of the stage and subsequent stages showing the likely total yield to be achieved.

14B.6.25 Restricted Discretionary Activities – Matters of Discretion and Conditions Yield Shortfalls in Urban Growth Areas

In considering an activity described as a Restricted Discretionary Activity in Rule 14B.4 c) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

a) The matters required to be assessed through Rule 14B.6.2.1 – Yield Shortfalls in Urban Growth Areas and Policy 12A.1.1.3 - Target Yield Shortfalls in Urban Growth Areas.


14B.7 Discretionary Activity Rules The following are Discretionary Activities:

a) Any Permitted Activity in the Suburban Residential Zone that does not comply with three or more of the following: i) Rule 14B.3.3 - Streetscape – Suburban Residential, Large Lot Residential ; ii) Rule 14B.3.4 - a) i) and a) iii), a) iv), b), c), d), e) Setbacks – Suburban Residential, Large Lot

Residential; iii) Rule 14B.3.5 - Setbacks – Traffic Management - Safety – Suburban Residential, Large Lot

Residential; iv) Rule 14B.3.6 - Overshadowing – Suburban Residential, Large Lot Residential; v) Rule 14B.3.9 - Access – Suburban Residential, Large Lot Residential; vi) Rule 14B.3.10 - Outdoor Living Area – Suburban Residential; vii) Rule 14B.3.13 - h) Secondary Independent Dwelling Units – Suburban Residential, Large Lot

Residential.

b) Activities in the Suburban Residential Zone and Large Lot Residential Zone not complying with: i) Rule 14B.3.1 - Residential Development Density – Suburban Residential, Large Lot Residential

(excluding retirement villages provided for under Rule 14B.6 j – Restricted Discretionary Activity Rules);

ii) Rule 14B.3.2 - Building Height – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.7 - Site Coverage – Suburban Residential Zone (excluding retirement villages provided

for under Rule 14B.6 j – Restricted Discretionary Activity Rules); iv) Rule 14B.3.8 - Site Coverage - Large Lot Residential Zone; v) Rule 14B.3.13 - a), b), c), d) and/or e) Secondary Independent Dwelling Units – Suburban

Residential, Large Lot Residential.

c) Any Permitted Activity that does not comply with the Permitted Activity Rules for any Scheduled Site; excluding: i) Rule 14B.4.6 b) ii) - Te Paeroa Road Scheduled Site, Bethlehem; ii) Rule 14B.4.6 a) iv) - Te Paeroa Road Scheduled Site, Bethlehem;

which shall be considered as a Restricted Discretionary Activity;

d) Any Permitted Activity that does not comply with: i) Rule 14B.4.7.2 - Residential Development Density – Papamoa Medium Rise Plan Area and is not in

accordance with Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area and or Rule 14B.6.19.2 - Residential Development Density – Papamoa Medium Rise Plan Area;

ii) Rule 14B.4.7.3 - Height – Papamoa Medium Rise Plan Area; iii) Rule 14B.4.7.4 b) - Streetscape - Beachside Neighbourhood - Papamoa Medium Rise Plan Area; iv) Rule 14B.4.7.5 b) i) - Setbacks - Beachside Neighbourhood - Papamoa Medium Rise Plan Area; v) Rule 14B.4.7.16 - Secondary Independent Dwelling Unit – Papamoa Medium Rise Plan Area; vi) Rule 14B.4.7.11 - External Finish of Buildings - Beachside Neighbourhood - Papamoa Medium Rise

Plan Area; vii) Rule 14B.4.7.12 - Glazing – Beachside Neighbourhood - Papamoa Medium Rise Plan Area; viii) Rule 14B.4.7.13 - Active Management Buffer - Beachside Neighbourhood - Papamoa Medium Rise

Plan Area;

e) Any Controlled Activity that does not comply with: i) Rule 14B.5.3.1 - Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban

Growth Yield Areas; ii) Rule 14B.5.3.2 - Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas;

f) Any Restricted Discretionary Activity that does not comply with Rule 14B.6.3 - Restricted Discretionary Activities - Standards and Terms - Activities not complying with Rule 14B.3.4 c) and d) – Setbacks – Suburban Residential, Large Lot Residential;

g) Any office ancillary to a showhome: i) In areas zoned Suburban Residential and Large Lot Residential located outside of a Financial

Contribution Urban Growth Area that does not comply with Rule 14B.6.5 - Restricted Discretionary Activities – Standards and Terms for an Office Ancillary to a Showhome;


ii) Within a Financial Contribution Urban Growth Area zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone that does not comply with Rule 14B.5.4 - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, Large Lot Residential and the Wairakei Residential Zone.

Proposed Amendment

ii) Within a Financial Contribution Urban Growth Area zoned Suburban Residential and Large Lot Residential and the Wairakei Residential Zone that does not comply with Rule 14B.5.4 - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Financial Contribution Urban Growth Areas zoned Suburban Residential, and the Large Lot Residential and the Wairakei Residential Zone.


h) Any Restricted Discretionary Activity on the Grace Hospital Cheyne Road Scheduled Site that does not comply with Rule 14B.6.7 - Special Restricted Discretionary Activities – Standards and Terms – Grace Hospital, Cheyne Road Scheduled Site;

i) Within the Te Paeroa Scheduled Site, Bethlehem: i) Any business activity which is not a Permitted or Restricted Discretionary Activity; ii) Any Restricted Discretionary Activity that does not comply with Rule 14B.6.10 – Special Restricted

Discretionary Activity – Standards and Terms – Te Paeroa Road Scheduled Site, Bethlehem.

j) Any retirement village provided for under Rule 14B.6 g) – Restricted Discretionary Activity Rules that do not comply with Rules 14B.6.15 b), c), d) or e) - Restricted Discretionary Activity - Standards and Terms - Retirement Villages;

k) Any Comprehensively Designed Development in the Inland Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: i) Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area; ii) Rule 14B.6.19.2 - Residential Development Density – Papamoa Medium Rise Plan Area; iii) Rule 14B.6.19.3 - Height – Papamoa Medium Rise Plan Area; iv) Rule 14B.6.19.16 - Design Report – Papamoa Medium Rise Plan Area. v) Rule 14B.6.19.17 - Engineering Assessment – Papamoa Medium Rise Plan Area;

l) Any Comprehensively Designed Development in the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that does not comply with: i) Rule 14B.6.19.1 - Comprehensively Designed Development – Papamoa Medium Rise Plan Area; ii) Rule 14B.6.19.2 - Residential Density – Papamoa Medium Rise Plan Area; iii) Rule 14B.6.19.3 - Height – Papamoa Medium Rise Plan Area; iv) Rule 14B.6.19.4 b) - Streetscape - Papamoa Medium Rise Plan Area; v) Rule 14B.6.19.5 b i) - Setbacks - Papamoa Medium Rise Plan Area; vi) Rule 14B.6.19.12 - External Finish of Buildings - Papamoa Medium Rise Plan Area; vii) Rule 14B.6.19.13 - Glazing - Papamoa Medium Rise Plan Area; viii) Rule 14B.6.19.15 - Active Management Buffer – Papamoa Medium Rise Plan Area; ix) Rule 14B.6.19.16 - Design Report – Papamoa Medium Rise Plan Area; x) Rule 14B.6.19.17 - Engineering Assessment – Papamoa Medium Rise Plan Area.

m) Any activity that does not comply with Rule 14B.6.21 - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site, with the exception of non-compliance with Rule 14B.6.21 - (a) iii)-vi), viii), ix) and xiv) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site which shall be considered as a Restricted Discretionary Activity.

n) Any Activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity;

o) Any Activity listed in Table 14B.1 - Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status as a Discretionary Activity.

Proposed Amendment

o) Any Activity listed in Table 14B.1 - Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status as a Discretionary Activity.



14B.7.1 Assessment of Discretionary Activities

In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council will consider any relevant matter with particular regard to the relevant Objectives and Policies of the Plan.


14B.8 Non-Complying Activities The following are Non-Complying Activities:

a) Any Permitted Activity that does not comply with Rule 14B.3.4 a) ii) - Setbacks – Suburban Residential, Large Lot Residential;

b) Any homestay that does not comply with Rule 14B.3.11 – Homestays – Suburban Residential, Large Lot Residential or Permitted Activity Rule 14B.4.7.14 - Homestay – Papamoa Medium Rise Plan Area;

c) Any home-based business that does not comply with Rule 14B.3.12 - Home-based Business – Suburban Residential, Large Lot Residential or Permitted Activity Rule 14B.4.7.15 - Home-based business – Papamoa Medium Rise Plan Area;

d) Any Permitted Activity that does not comply with Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential or Permitted Activity Rule 14B.4.7.17 - Heavy Machinery – Papamoa Medium Rise Plan Area;

e) Any Activity listed as Non-Complying in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status;

Proposed Amendment

e) Any Activity listed as Non-Complying in Table 14B.1: Suburban Residential, Wairakei Residential and Large Lot Residential Zone Activity Status;


f) Any Restricted Discretionary Activity that does not comply with Rule 14B.6.13.2 – Development Yield and Staging, 14B.6.13.3 – Papamoa Beach Road Capacity, Rule 14B.6.13.4 – Stormwater Management.

g) Any activity that does not comply with Rules 14B.6.21 (a) x), xi) and xiii) - Restricted Discretionary Activities – Standards and Terms – Central Bethlehem Scheduled Site.

h) Activities where the minimum average nett yield is less than 12 dwellings per hectare or where the shortfall to the minimum average nett yield in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas is exceeded by more than 0.5 dwellings per hectare;


14 Residential Zones 8 October 2016 Section 14C Page 1 of 14

Section 14C

14C Purpose of the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone

The purpose of the Urban Marae Community Zone is to provide for activities within established urban marae, which may range from tangi and hui through to the provision of residential accommodation, health, education, recreation and social services. The mix, design and operation of these facilities can be considered unique to marae. Urban Marae within the City are Huria, Harini, Maungatapu and Whareroa.

The communal nature and use of marae facilities and the amenity they provide for residents within the zone is recognised through there being no on-site private open space requirement and the densities of residential activity being based on the overall area of the zone. As these zones are within Suburban Residential Zone locations, development is however, still expected to be of a low density, low rise character. For this reason all other bulk and location controls that apply to the zone are the same as in the Suburban Residential Zone.

The Ngati Kahu Papakainga Zone provides for a mix of marae, residential and rural activities within this

existing marae around which the urbanisation of the Bethlehem West area is taking place. The communal nature and use of marae facilities and the amenity they provide for residents within the zone is recognised through there being no on-site private open space requirement and densities of residential activity being based on the overall area of the zone. However, the changing nature of the surrounding environment is reflected in provisions tailored to the zone which provide for bulk and location to be compatible with the Suburban Residential Zone, but for rural and some rural based commercial activity to continue. The zone also provides for recreational and conservation areas to be retained within the marae area.

14C.1 Objectives and Policies for the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone

14C.1.1 Objective - Urban Marae Community Zones and the Ngati Kahu Papakainga Zone

a) To recognise and provide for the use and development of marae that meet the evolving needs of their iwi, hapu and whanau;

b) To enable tangata whenua to have opportunities to exercise kaitiakitanga over marae resources in their respective hapu areas.

14C.1.1.1 Policy - Urban Marae Community Zone and the Ngati Kahu Papakainga Zone

By applying a zone to existing urban marae which:

a) Recognises marae as a focus and integral component of kainga;

b) Permits the establishment of education, health, social service, recreation and housing facilities and home-based businesses, as well as facilities associated with more traditional marae uses where these comply to permitted activity conditions, including development thresholds.

14C.1.2 Objective - Site Layout and Building Design – Urban Marae Community Zone

Development within the zone provides for a cultural mix of activities within the marae, but is still compatible

with the existing and anticipated suburban residential character and amenity of the surrounding neighbourhood, characterised by space around buildings, on-site open space, provision of sunlight and privacy.

14C.1.2.1 Policy – Site and Building Design – Urban Marae Community Zone

By ensuring the layout and design of development:

a) Provides building setbacks between sites that ensure a physical separation of buildings between sites, access for building maintenance, and contribution to the visual and aural privacy of adjoining sites;

8 March 2017


b) Ensures that buildings are setback from the road boundary to provide a consistent streetscape that provides opportunities for landscape planting and encourages passive surveillance of the road;

c) Cumulatively contributes to the overall open nature of the surrounding neighbourhood.

14C.1.3 Objective - Site Layout and Building Design – Ngati Kahu Papakainga Zone

Development within the Ngati Kahu Papakainga Zone provides for a cultural mix of activities within the marae, including the Commercial (Waewae) Zone, but is still compatible with the existing and anticipated suburban residential character and amenity of the surrounding neighbourhood characterised by space around buildings, on-site open space, provision of sunlight and privacy. Areas of the zone reserved for recreation and conservation are maintained largely as open space, and building and development in these areas is minimal.

14C.1.3.1 Policy – Site and Building Design – Ngati Kahu Papakainga Zone

By ensuring the layout and design of development:

a) Provides building setbacks between sites that ensure a physical separation of buildings between sites, access for building maintenance, and contribution to the visual and aural privacy of adjoining sites;


c) Cumulatively contributes to the overall open nature of the surrounding neighbourhood.

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8 March 2017

14C.2 Activity Status Rules

14C.2.1 Activities in the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone

All activities in Urban Marae Community Zone and the Ngati Kahu Papakainga Zone shall have the status identified in Table 14C.1: Urban Marae Community Zone and Ngati Kahu Papakainga Zone Activity Status. Symbols used in Table 14C.1: Urban Marae Community Zone and Ngati Kahu Papakainga Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Note: Residential activities, visitor accommodation, homestay, schools and tertiary education premises and health centres shall be subject to Rule 4E.2.5 – Port Industry Zone and Noise Control Boundaries.

Note: Residential activities, visitor accommodation, schools and tertiary education premises and health centres within the Airport Noise Control Boundaries shall be subject to Rule 4E.3 a) – Restricted Discretionary Activity Rules.

Table 14C.1: Urban Marae Community Zone and Ngati Kahu Papakainga Zone Activity Status

Use/Activity Relevant

Rule

Urb

an

Ma

rae

Co

mm

un

ity

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e A

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Co

mm

erc

ial

(Wa

ew

ae

)

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(Rec

rea

tion

)

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(C

on

se

rva

tion

)

Accessory Buildings, Structures and Activities 14C.3 P P P P P

Ancillary Retail NC

(Refer Rule 14C.6) P

(Refer Rule 14C.3) NC



(Refer Rule 14C.6)

Business activities not listed elsewhere in Table 14C.1: Urban Marae Community Zone and the Ngati Kahu Papakainga Zone Activity Status

14C.6 NC NC NC NC NC

Camping Grounds NC



(Refer Rule 14C.6) D


(Refer Rule 14C.6)

Places of Worship D

(Refer Rule 14C.5)

D

(Refer Rule 14C.5)

D

(Refer Rule 14C.5)

NC

(Refer Rule 14C.6)

NC

(Refer Rule 14C.6)

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8 March 2017


Rule

Urb

an

Ma

rae

Co

mm

un

ity

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e A

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Co

mm

erc

ial

(Wa

ew

ae

)

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(Rec

rea

tion

)

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(C

on

se

rva

tion

)

Demolition of a building or structure 14C.3.17 P P P P P

Gymnasia NC





(Refer Rule 14C.6)






(Refer Rule 14C.6)

Health centres P





(Refer Rule 14C.6)

Independent dwelling unit P





(Refer Rule 14C.6)

Industrial activities 14C.6 NC NC NC NC NC

Lock-up storage facilities NC





(Refer Rule 14C.6)

Marae-based activities including wharenui wharekai, whareumu, pataka

P





(Refer Rule 14C.6)


P





(Refer Rule 14C.6)

Ngati Kahu kaumatua dwelling unit equivalent n/a

P




(Refer Rule 14C.6)

Offices P





(Refer Rule 14C.6)


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Rule

Urb

an

Ma

rae

Co

mm

un

ity

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e A

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Co

mm

erc

ial

(Wa

ew

ae

)

Zo

ne

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(R

ec

rea

tion

)

Ng

ati K

ah

u

Pa

pa

ka

ing

a

Su

b-Z

on

e B

(Co

ns

erv

atio

n)

Produce stalls

NC (Refer Rule 14C.6)

P (Refer Rule 14C.3)




Primary production activities, excluding forestry, pig farming, factory farming and

aerial spraying of crops



D (Refer Rule 14C.5)



Schools












Tertiary education premises






Urupa






Visitor accommodation






Wholesale plant nurseries (excludes sales of propagated plants to the public)

NC





(Refer Rule 14C.3)

Works for the purpose of maintaining fences, vegetation, access and associated structures.

14C.3 P P P P P

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14C.3 Permitted Activity Rules

Note: Any activity that does not comply with a Permitted Activity Rule shall be considered a Restricted Discretionary Activity, unless stated otherwise.

14C.3.1 Density of Independent Dwelling Units and Shared Accommodation

The maximum development density for independent dwelling units and shared accommodation on a site shall be:

Zone Density

Urban Marae Community Zone 1 independent dwelling unit per 325m2 of gross site area.

Urban Marae Community Zone, shared accommodation

A maximum of 8 permanent residents per site.

Ngati Kahu Sub-Zone A and Commercial (Waewae) Sub-Zone

17 independent dwelling units (or their Ngati Kahu kaumatua dwelling unit equivalent) per hectare.

Ngati Kahu Sub-Zone A and Commercial (Waewae) Sub-Zone, shared accommodation

A maximum of 8 permanent residents per site.

Note: Any activity that does not comply with Rule 14C.3.1 – Density of Independent Dwelling Units and Shared Accommodation shall be considered a Discretionary Activity.

14C.3.2 Building Height a) The maximum height of any building, with the exception of the permitted intrusions under either Rule

4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be:

Zone Height

Urban Marae Community Zone 9m

Ngati Kahu Sub-Zone A, Commercial (Waewae) Sub-Zone and Sub-Zone B (Recreation)

9m

Ngati Kahu Sub-Zone B (Conservation) 3.5m


Note: Any activity that does not comply with Permitted Activity Rule 14C.3.2 – Building Height shall be considered a Discretionary Activity.

8 March 2017


14C.3.3 Building Scale - Ngati Kahu Papakainga Zone, Sub-Zone B

Zone Height

Sub-Zone B (Recreation)

The maximum gross floor area of any building in Sub-Zone B

(Recreation) shall be 150m2; No more than two buildings are permitted in Sub-Zone B (Recreation);

Sub-Zone B (Conservation)

The maximum gross floor area of any building in Sub-Zone B

(Conservation) shall be 50m2; No more than one building is permitted in Sub-Zone B (Conservation);

Note: Any activity that does not comply with Rule 14C.3.3 – Building Scale – Ngati Kahu Papakainga Zone, Sub-Zone B shall be considered a Discretionary Activity.

14C.3.4 Streetscape

14C.3.4.1 Urban Marae Community Zone

All buildings on a site with a frontage to a legal road shall be set back from the road boundary of the site as follows:

a) 3 metres;

b) All buildings on a site adjoining a Future Road Widening designation (as identified in Plan Maps, Part B) shall have the required setback measured from that designation boundary;

c) The provision of on-site parking shall not be located within the required streetscape setback.

14C.3.4.2 Ngati Kahu Papakainga Zone

a) All buildings on a site with frontage to Carmichael Road and State Highway 2 shall be set back 5 metres from the road boundary of the site;

b) All buildings on a site adjoining a Future Road Widening designation (as identified on Plan Maps, Part B) shall have the required setback measured from that designation boundary;


14C.3.5 Setbacks

All buildings, excluding any setback intrusions permitted under either Rule 4H.2.1 – Permitted Setback Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones shall provide the following setbacks from a side or rear boundary:

a) A minimum of 1.5 metres from a side or rear boundary;

b) A minimum of 5 metres from the boundary of the Conservation Zone;

c) A building may be erected closer to a side or rear setback where the written consent of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building consent plans. In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance. A maximum of two setbacks may be reduced through this rule;

d) All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from MHWS;

e) All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;

Note: Permitted Activity Rule 14C.3.5 d), e) - Setbacks does not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.

Note: Any activity that does not comply with Rule 14C.3.5 a), c), d), e) - Setbacks, shall be considered a Restricted Discretionary Activity.

Note: Any Activity which does not comply with Rule 14C.3.5 b) - Setbacks shall be considered a Non-Complying Activity.

8 March 2017


14C.3.6 Setbacks – Traffic Management – Safety


14C.3.7 Overshadowing a) All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted

Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones shall be within a building envelope calculated in accordance with Appendix 14: Overshadowing;

b) A building may penetrate the overshadowing envelope if the written consent of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building consent plans. In the context of this rule an adjoining property will include right of way and properties separated by rights of way adjoining the non-compliance.

14C.3.8 Access

14C.3.8.1 Urban Marae Community Zone

The maximum number of independent dwelling units, shared accommodation or homestays that can be

served by private rights of ways, private accessway or legal access lot shall be:

Up to and including 2 independent dwelling units; or up to and including 2 self-contained visitor accommodation units

2.7m minimum legal width with a

2.4m minimum seal width.

3-4 independent dwelling units or self-contained visitor accommodation units; or up to 2 independent dwelling units that include 1 ancillary visitor accommodation unit per independent dwelling unit; or 8 visitor accommodation units; or 2 shared accommodation premises

3m minimum legal width with a 2.5m minimum seal width.

5-12 independent dwelling units or self-contained visitor accommodation units; or up to 8 independent dwelling units that include any 1 permitted ancillary visitor accommodation unit; or 24 visitor accommodation units; or up to 8 shared accommodation premises


14C.3.8.2 Ngati Kahu Papakainga Zone

a) The maximum number of independent dwelling units, Ngati Kahu kaumatua dwelling unit equivalents, ancillary visitor accommodation unit or visitor accommodation units that can be served by private right of way, private accessway or legal access lot shall be:

Up to and including 2 independent dwelling units; or

2 Ngati Kahu kaumatua dwelling unit equivalents

2.7m minimum legal width with a 2.4m minimum seal width.

4 independent dwelling units; or

4 Ngati Kahu kaumatua dwelling unit equivalents; or

up to 2 independent dwelling units that include 1 ancillary visitor accommodation unit; or

2 Ngati Kahu kaumatua dwelling unit equivalents that include 1 ancillary visitor accommodation unit per Ngati Kahu kaumatua dwelling unit equivalent; or

8 visitor accommodation units; or


8 March 2017


12 independent dwelling units; or

12 Ngati Kahu kaumatua dwelling unit equivalents; or

up to 8 independent dwelling units that include any 1 ancillary visitor accommodation unit per independent dwelling unit; or

8 Ngati Kahu kaumatua dwelling unit equivalents that include 1 ancillary visitor accommodation unit per Ngati Kahu kaumatua dwelling unit equivalent; or

24 visitor accommodation units


b) Any vehicle access to the Commercial (Waewae) Sub-Zone shall be located generally opposite Te Paeroa Road.

14C.3.9 Home-based Business


a) Every home-based business or combination of home-based business activities per independent dwelling unit may employ not more than two other persons (Full Time Equivalent (FTE)) additional to the members of the household who permanently reside on the site and who own and operate the business from that site;

b) The activity shall be carried out either within a dwelling, an accessory building, or in an outdoor activity area clearly designed and constructed for the purpose of the business or businesses, or a combination of these areas. The maximum total gross area used for the home-based business or combination of businesses, including retail sales space, shall be 50m² in the Urban Marae Community Zone and 80m2 in the Ngati Kahu Papakainga Zone;

c) The activity, including any aspect of it undertaken outdoors, shall not encroach on the setback or streetscape requirements of the site as defined in the Plan;

d) Retail sales shall be limited to those goods and materials produced by the home-based business or used in the direct operation and management of that business or those businesses on the site. Retail sales shall take place from within a building or structure on the same site and the area occupied for retail sales shall be a constituent part of the gross area of the activity.

Note: Any activity that does not comply with Rule 14C.3.9 – Home-based Business shall be considered a Non-Complying Activity.

14C.3.10 Visitor Accommodation

The maximum development intensity for visitor accommodation on a site shall be as follows:

a) Urban Marae Community Zone: i) 1 self-contained visitor accommodation unit per 100m2 of site; or ii) Where visitor accommodation is not self-contained the maximum gross floor area (GFA) of

habitable rooms shall be 65m2 per 100m2 of site area; iii) When added together, the maximum gross floor area (GFA) of all habitable rooms associated

with accommodation on the site shall not exceed 65m2.

b) Ngati Kahu Papakainga Sub-Zone A: i) For sites 1000m2 or smaller, a maximum of 10 visitor accommodation units per site; or ii) For sites greater than 1000m2;

One self-contained visitor accommodation unit per 100m2 of site area; or where visitor accommodation is not self-contained, the maximum gross floor area of habitable rooms shall be 65m2 per 100m2 of site area.

Note: Any activity that does not comply with Rule 14C.3.10 – Visitor Accommodation shall be considered a Discretionary Activity.

8 March 2017


14C.3.11 Schools, Tertiary Education Premises, Health Centres and Offices in the Urban Marae Community Zone

a) Schools and tertiary education premises shall be designed to ensure that the maximum occupancy of children or students at any one session, exclusive of staff, is 25

b) Health centres and offices shall be designed to ensure that maximum occupancy of fulltime equivalent staff is 4.

c) Schools and tertiary education premises shall provide a 1.8m high screen wall or fence of permanent materials along any zone boundary other than a road boundary.

d) Only one school or tertiary education premise or health centre may be established in each Urban Marae Community Zone.

Note: Any activity that does not comply with Rule 14C.3.11 – Schools, Tertiary Education Premises, Health Centres and Offices in the Urban Marae Community Zone shall be considered a Discretionary Activity.

14C.3.12 Schools, Tertiary Education Premises, Health Centres and Offices in the Ngati Kahu Papakainga Zone

a) Schools and tertiary education premises in the Ngati Kahu Papakainga Sub-Zone A and the Commercial (Waewae) Sub-Zone shall be designed to ensure the maximum occupancy of children or students at any one caregiving or educational session, exclusive of staff, is 50;

b) Health centres and offices in Sub-Zone A shall be designed to ensure the maximum occupancy of fulltime equivalent staff on the site is 12. This limit shall not apply to offices in the Commercial (Waewae) Sub-Zone

c) Schools and tertiary education premises shall provide a 1.8m high screen wall or fence of permanent materials along any zone boundary other than a road boundary;

d) Only one school or tertiary education premise or health centre may be established as a Permitted Activity in the Ngati Kahu Papkainga Zone.

Note: Any activity that does not comply with Rule 14C.3.12 – Schools, Tertiary Education Premises, Health Centres and Offices in the Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.

14C.3.13 Gymnasia – Ngati Kahu Papakainga Zone

Gymnasia in the Commercial (Waewae) Sub-Zone shall be designed to ensure the maximum occupancy of persons using the facility, exclusive of staff, is 50.

Note: Any activity that does not comply with Rule 14C.3.13 – Gymnasia – Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.

14C.3.14 Ngati Kahu Special Rule for Commercial (Waewae) Sub-Zone a) The maximum permitted total development area for land use activities in the Subzone shall be 2

hectares and this development shall be at a location and of a shape that is in accordance with the Sub-Zone boundaries shown on Plan Map L30;

b) Vehicle access to this Sub-Zone shall be off Carmichael Road, generally opposite Te Paeroa Street.

Note: Any activity that does not comply with Rule 14C.3.14 – Ngati Kahu Special Rule for Commercial (Waewae) Sub-Zone shall be considered a Discretionary Activity.

14C.3.15 Produce Stalls – Ngati Kahu Papakainga Zone

Produce stalls in the Ngati Kahu Papakainga Sub-Zone A and the Commercial (Waewae) Sub-Zone shall have a maximum gross floor area per site of 50m2.

Note: Any activity that does not comply with Rule 14C.3.15 – Produce Stalls – Ngati Kahu Papakainga Zone shall be considered a Discretionary Activity.

8 March 2017


14C.3.16 Heavy Machinery

No heavy machinery shall be parked, stored or displayed on a site. This excludes one private motor home vehicle per site, regardless of whether that vehicle falls within the definition of heavy machinery, providing the motor home vehicle is parked in compliance with Rule 14C.3.5 - Setbacks and Rule 14C.3.7 - Overshadowing. Heavy machinery may visit and use a site to pick up or deliver goods or materials, or during construction.

Note: Any activity that does not comply with Rule 14C.3.16 – Heavy Machinery shall be considered a Non-Complying Activity.

14C.3.17 Rules in other Sections of the Plan

Activities within the Urban Marae Community Zone and the Ngati Kahu Papakainga Zone shall also comply with the following sections of the Plan:






f) The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Purpose of Service and Infrastructure Provisions;


14C.4 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities:

a) Activities in the Urban Marae Community Zone that do not comply with: i) Rule 14C.3.4.1 – Streetscape; ii) Rule 14C.3.5 a), c), d), e), f) – Setbacks; iii) Rule 14C.3.6 – Setbacks – Traffic Management – Safety; iv) Rule 14C.3.7 – Overshadowing; v) Rule 14C.3.8 – Access.

b) Activities in the Ngati Kahu Papakainga Zone that do not comply with: i) Rule 14C.3.4.2 - Streetscape; ii) Rule 14C.3.5.a), c),d), e) f) – Setbacks; iii) Rule 14C.3.6 – Setbacks – Traffic Management – Safety; iv) Rule 14C.3.7 – Overshadowing; v) Rule 14C.3.8 – Access.

14C.4.1 Restricted Discretionary Activities – Standards and Terms - Setbacks

Activities that do not comply with Rule 14C.3.5 d), e) - Setbacks shall comply with the following standards and terms:



Note: Any activity that does not comply with Rule 14C.4.1 – Restricted Discretionary Activity – Standards and Terms – Setbacks shall be considered a Discretionary Activity.

8 March 2017


14C.4.2 Restricted Discretionary Activities – Matters of Discretion and Conditions

14C.4.2.1 Streetscape

In considering activities that do not comply with Rule 14C.3.4 - Streetscape the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from public/private interface and from adjoining properties;


c) Address adverse impacts through on-site design measures or contribute to the maintenance of amenity at the public-private interface.

14C.4.2.2 Setbacks

a) In considering activities that do not comply with Rule 14C.3.5 a) - Setbacks the Council restricts the exercise of its discretion to: i) The extent to which the proposal would impact on the visual and aural privacy of occupants in

adjoining sites; ii) Whether the proposal would hinder the ability to maintain access for maintenance, including for

buildings on adjoining properties; iii) Whether the proposal would lead to the visual dominance of buildings as viewed by adjoining

and adjacent properties; iv) Design measures, including minimisation of the length of encroachment into the setback or

landscaping.

b) In considering activities that do not comply with Rule 14C.3.5 d), e) - Setbacks the Council restricts the exercise of its discretion to: i) The height, scale, and location of any building, structure, or sign; ii) The use of material on the exterior of any building or structure, including the use of colour; iii) The nature, location and extent of any proposed earthworks; iv) The location and design of access, parking areas; infrastructure and services or fences; v) 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;

vi) 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.

14C.4.2.3 Overshadowing

In considering activities that do not comply with Rule 14C.3.7 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties.

14C.4.2.4 Setbacks – Traffic Management – Safety

In considering activities that do not comply with Rule 14C.3.6 – Traffic Management – Safety the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 - On-site Parking Requirements.

14C.4.2.5 Access

In considering activities that do not comply with Rule 14C.3.8 - Access the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential character and amenity.

8 March 2017


14C.5 Discretionary Activity Rules The following are Discretionary Activities:

a) Any Permitted Activity in the Urban Marae Community Zone that does not comply with: i) Rule 14C.3.1 - Density – Independent Dwelling Units and Shared Accommodation; ii) Rule 14C.3.2 - Building Height; iii) Rule 14C.3.10 - Visitor Accommodation; iv) Rule 14C.3.11 - Schools, Tertiary Education Premises, Health Centres and Offices in the Urban

Marae Community Zone.

b) Any Permitted Activity in the Ngati Kahu Papakainga Zone that does not comply with: i) Rule 14C.3.1 - Density – Independent Dwelling Units and Shared Accommodation; ii) Rule 14C.3.2 - Building Height; iii) Rule 14C.3.3 - Building Scale – Ngati Kahu Papakainga Zone, Sub Zone B; iv) Rule 14C.3.10 - Visitor Accommodation; v) Rule 14C.3.12 - Schools, Tertiary Education Premises, Health Centres and Offices in the Ngati

Kahu Papakainga Zone; vi) Rule 14C.3.13 – Gymnasia - Ngati Kahu Papakainga Zone; vii) Rule 14C.3.14 – Ngati Kahu Special Rule for Commercial (Waewae) Sub-Zone; viii) Rule 14C.3.15 - Produce Stalls - Ngati Kahu Papakainga Zone;

c) Any activity which does not comply with Rule 14C.4.1 – Restricted Activity Standards and Terms – Setbacks;

d) Any activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity;

e) All those activities listed in Table 14C.1 – Urban Marae Community Zone and Ngati Kahu Papakainga Zone Activity Status as a Discretionary Activity.

14C.5.1 Assessment of Discretionary Activities


14C.6 Non-Complying Activities The following are Non-Complying Activities:

a) Any Permitted Activity that does not comply with Rule 14C.3.5 b) – Setbacks;

b) Any home-based business that does not comply with Rule 14C.3.9 – Home-based Business;

c) Any Permitted Activity that does not comply with Rule 14C.3.16 – Heavy Machinery;

d) Any activity listed in Table 14C.1 - Urban Marae Community Zone and Ngati Kahu Papakainga Zone Activity Status as a Non-Complying Activity.

8 March 2017


14 Residential Zones 8 October 2016 Section 14D Page 1 of 16

Section 14D

14D Purpose of the City Living Zone The purpose of the City Living Zone is to provide site redevelopment opportunities primarily for the development of intensive, multi level housing and some mixed use in the established residential areas around the Tauranga City Centre. This will accommodate a proportion of the City’s residential growth and support the sub-regional role and function of the City Centre.

Redevelopment of sites will be guided by a combination of activity standards and design assessment criteria to enable multi unit, multi level buildings. Generally these are expected to be on larger or amalgamated sites, although there is some provision for redevelopment of smaller, existing sites. Over time this type of development will create a residential amenity that relates to an urban living environment, rather than a suburban living environment. Building heights vary in the zone having regard to local topography, established land uses and outlook.

It is recognised that the redevelopment of sites for comprehensively designed development (City Living Zone) may not be the choice of the individual landowners who may wish to continue to develop their properties in a similar manner to the previous residential environment. Limited provision is therefore made for existing vacant sites (legally established at the date the plan was notified being 17 October 2009) to be developed for a maximum of two new independent dwelling units and for limited infill development of existing sites (legally established at the date the plan was notified) already containing one independent dwelling unit to a maximum of one additional independent dwelling unit provided that these are developed in accordance with specified Suburban Residential Zone provisions.

The potential for expansion or redevelopment of the established Hotel Armitage site as visitor accommodation and with ancillary activities normally associated with a large-scale hotel is recognised. Given the prominent site location and building scale this will be guided by a combination of activity standards and assessment criteria for the Scheduled Site.

Residential development near The Elms is zoned Suburban Residential in recognition of the historic significance of The Elms and its immediate environs.

14D.1 Objectives and Policies for the City Living Zone

14D.1.1 Objective: Bulk and Scale of Buildings and Structures in the City Living Zone

Buildings and structures are of a bulk and scale that:

a) enables medium density residential development balanced with the urban landscape character, including the historic heritage values of The Elms, and Monmouth Redoubt, the open space character of Tauranga and Wharepai Domains and the Cliff Road reserve, and consistent with the anticipated amenity for the zone;

b) provides for suburban residential style development, including alterations and additions to existing residential activities, as well as limited transitional development opportunities on existing sites (legally established and vacant or partially vacant as at the date of notification of the Plan being 17 October 2009).

14D.1.1.1 Policy: Bulk and Scale of Buildings and Structures in the City Living Zone

By ensuring that the bulk and scale of buildings and structures in the zone:

a) Are restricted to a height of 19 metres on Cameron Road and Brown Street frontage opposite Tauranga and Wharepai Domains where this significant building scale is offset by the amenity and open space of those areas;

b) Are restricted to a height of 13 metres in other areas of the zone other than described in c) and d) below;

c) Are restricted to a height of 9 metres on all City Living Zone sites between Edgecumbe Road and Cameron Road and between 4th Avenue and 8th Avenue;

d) Are restricted to a height of 9 metres on all City Living Zones sites that are not being developed as part of a comprehensively designed development (City Living Zone);


e) Minimise the impacts of building bulk and overshadowing on surrounding dwellings, including their outdoor living areas;

f) Can potentially reach a building bulk and scale greater than permitted or expected in the Suburban Residential Zone;

g) Complement rather than dominate the urban landscape character of the local neighbourhoods, including established trees and reserves.

14D.1.2 Objective: Site Layout and Building Design in the City Living Zone

Development within the City Living Zone contributes to an urban landscape character, which is characterised by comprehensively designed, multi level, multi unit, urban housing and some mixed use activity within buildings on a landscaped site. Specific provision is made for suburban residential style development, including alterations and additions to existing residential activities as well as limited transitional development opportunities on existing sites (legally established and vacant or partially vacant as at the date of notification of the Plan being 17 October 2009).

14D.1.2.1 Policy: Site Layout and Building Design in the City Living Zone - Comprehensively Designed Development

By ensuring that the layout and design of comprehensively designed development (City Living Zone)in the

zone:

a) Provides buildings that allow adaptable future use of ground floorspace for possible residential or mixed use development;

b) Provides each independent dwelling unit with accessible and functional on-site outdoor living space and an on-site service area;

c) Provides for directly accessible pedestrian access to and from the street at ground floor level to offices and health centres, where these are permitted;

d) Locates on-site vehicular parking, manoeuvring and access at the side and/or rear of the site or beneath a building;

e) Ensures that space associated with vehicle parking and movement does not dominate the site design and layout, and leaves a minimum amount of useable site area for outdoor site landscaping;

f) Visually screens on-site car parking areas so they are not seen directly from the street;

g) Balances building bulk and scale with on-site open space so that building coverage does not dominate the site;

h) Is comprehensively designed so that it: i) Integrates well with the immediate locality; ii) Addresses the street and the immediate streetscape with its building design and front yard

landscaping, has obvious ground floor access to the building from the street, and provides opportunities for passive surveillance of the street from activity within the building;

iii) Is of a high standard of architectural design with well articulated frontages; iv) Provides the occupants of each independent dwelling unit with a visual outlook space and direct

access to an outdoor living areas which adjoins the unit; v) Provides for the aural and visual privacy of occupants of the building; vi) Provides for adequate levels of sunlight and daylight to reach the main living areas of

independent dwelling units throughout the year, including mid-winter; vii) Incorporates existing vegetation into on-site landscaping where possible; viii) Safely caters for on-site traffic, parking and servicing needs; ix) Avoids or mitigates any reverse sensitivity effects from mixed use development on residential

activities on the site; x) Incorporates on-site low impact stormwater design methods within site design and operation

wherever possible; xi) Has due regard to opportunities for promoting sustainability through building materials, layout of

activity and construction techniques; xii) Can be effectively serviced by local water, wastewater, stormwater and road infrastructure.


14D.1.2.2 Policy: Site Layout and Building Design in the City Living Zone – Suburban Residential Development Provision

By ensuring that the layout and design of suburban residential style development provided for on existing sites (legally established and vacant or partially vacant at the date the plan was notified being 17 October 2009) in the zone as a transitional development opportunity:

a) Is consistent with a suburban residential character that is characterised by space around buildings, on-site open space, provision of sunlight and privacy.

14D.1.3 Objective: Density of Development in the City Living Zone

Development within the zone is primarily medium density residential with some specific mixed use activity, and promotes an urban landscape character

14D.1.3.1 Policy: Density of Development in the City Living Zone

a) By encouraging comprehensive redevelopment of sites primarily for residential activity by ensuring that: i) Residential densities promote site redevelopment opportunities to accommodate medium

density housing; ii) A site density bonus for residential units is allowed when a larger site area is assembled

through amalgamation and a comprehensively designed development (City Living Zone) approach is applied to the site;

iii) The greatest independent dwelling unit density shall be provided for sites on Cameron Road and Brown Street opposite Tauranga and Wharepai Domains by way of additional building height. Lower densities will arise from development of other sites in other parts of the zone by way of a lower permitted height;

iv) Mixed use development can provide specifically for health centres and offices only within ground level floorspace, but with medium density residential activity above;

v) Effects on local infrastructure are mitigated by works, services or development contributions; vi) The Hotel Armitage development density is assessed in relation to specific planning provisions

relating to that site, its established built form and its relationship to the local neighbourhood amenity.

b) By providing limited transitional development opportunities for suburban residential style development on existing sites (legally established and vacant or partially vacant at the date the plan was notified being 17 October 2009) in the zone.

14D.1.4 Objective: Activities in the City Living Zone

Development in the zone is dominated by medium density residential activities primarily through the redevelopment of sites, with offices and health centres supporting mixed use development in some specified areas within these inner city residential neighbourhoods.

14D.1.4.1 Policy: Activities in the City Living Zone

By ensuring that the redevelopment of sites in the zone:

a) Is predominately for multi unit, multi level residential activities, but with the opportunity for mixed use development (offices and health centres) in specific locations;

b) Enables residential activities, accessory buildings, offices and health centres legally established at the date the Plan was notified to alter or expand floorspace up to a specified scale that is consistent with the original low density residential zoning;

c) Provides for limited transitional development opportunities for suburban residential style of development on existing sites (legally established and vacant or partially vacant at the date the plan was notified being 17 October 2009);

d) Applies a comprehensive design approach for other new land use proposals with any subdivision consequential to and for implementing that land use;

e) Avoids new commercial based activity in the City Living Residential Zone other than home based businesses;

f) Provides for office and health centre activities to establish at ground floor level only with direct access to the street, with residential activity on the first floor and above in the City Living Mixed Use Zone and residential activity only on all floors in the City Living Residential Zone;


g) Could support several, well established visitor accommodation activities with potential to expand or redevelop. Other non-residential activities should not be incorporated into development on the site except where associated with and ancillary to visitor accommodation;

h) Maintains or redevelops land in the vicinity of The Elms in Mission Street and Cliff Road northern end with a suburban residential character of a lower permitted development density, bulk and scale than in the City Living Zone. New building development should avoid dominating the historic character and outlook of The Elms.


14D.2 Activity Status Rules

14D.2.1 Activities in the City Living Zone

All activities in the City Living Zone shall have the status identified in Table 14D.1 City Living Zone Activity Status. Symbols used in Table 14D.1 City Living Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Table 14D.1: City Living Zone Activity Status

Use/Activity Relevant Rule City Living

Residential

City Living

Mixed Use

Accessory buildings, structures and activities to residential activities (legally established as at 17 October 2009 and to independent dwelling units established under Rule 14D.3.3 – Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009)

14D.3 P P

Accessory buildings, structures and activities as part of a comprehensively designed development (City Living Zone)

14D.4

RD With the exception

of permitted Amateur Radio Configurations


RD With the exception

of permitted Amateur Radio Configurations


Alterations and/or additions to residential activities (legally established as at 17 October 2009

14D.3 P P

The development of existing sites (legally established and vacant or partially vacant as at 17 October 2009) for a maximum of two independent dwelling units and accessory buildings and structures per site where complying with Rule 14D.3.3 – Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009)

14D.3 P P

Additions to the floor area for health centres (legally established as at 17 October 2009

14D.5 D D


14D.5 D D

Business activities not listed elsewhere in this Activity Table 14D.1: City Living Zones Activity Status

14D.6 NC NC

Places of Worship 14D.5 D D

Comprehensively designed development (City Living Zone) with residential activities on any level within the building

14D.4 RD RD

Demolition of a building or structure 14D.3.5 P P

Health centres as part of comprehensively designed development (City Living Zone) and located at ground floor only of a building

NC

(Refer Rule 14D.6) RD

(Refer Rule 14D.4)

Health centres not part of comprehensively designed development (City Living Zone) and/or located above the ground floor of a building.

14D.6 NC NC

Home-based business 14D.3 P P


Use/Activity Relevant Rule City Living

Residential

City Living

Mixed Use

Industrial activities 14D.6 NC NC

Minor public recreational facilities and activities 14D.3 P P

Offices, as part of comprehensively designed development (City Living Zone) and located at ground floor only of a building

NC

(Refer Rule 14D.6) RD

(Refer Rule 14D.4)

Offices, not part of comprehensively designed development (City Living Zone) and/or located above the ground floor of a building

14D.6 NC NC

Schools 14D.6 NC NC

Tertiary education premises 14D.6 NC NC

Urupa 14D.3 P P

Visitor accommodation 14D.5 D D

Visitor Accommodation within Scheduled Site Hotel Armitage (as at date of notification)

14D.4 No

Scheduled Site RD


14D.3 Permitted Activity Rules


14D.3.1 Alterations and/or Additions to Residential Activities (legally established as at 17 October 2009

a) All alterations and/ or additions shall meet the following Permitted Activity Rules: i) Rule 14B.3.2 – Building Height – Suburban Residential, Large Lot Residential; ii) Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential; iv) Rule 14B.3.5 – Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot

Residential; v) Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential; vi) Rule 14B.3.7 – Site Coverage – Suburban Residential Zone; vii) Rule 14B.3.10 – Outdoor Living Area – Suburban Residential.

Note: Any activity that does not comply with Rule 14D.3.1 – Alterations and/or Additions to Residential Activities (legally established as at 17 October 2009 shall be considered a Discretionary Activity.

14D.3.2 Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.3

a) The maximum floor area of an accessory building shall be 50m2 for each independent dwelling unit on the site;

b) The maximum height of any accessory building shall be 4.5 metres.

c) All accessory buildings shall meet the following Permitted Activity Rules: i) Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential; ii) Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.5 – Setbacks – Traffic Management - Safety – Suburban Residential, Large Lot

Residential; iv) Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential; v) Rule 14B.3.7 – Site Coverage – Suburban Residential Zone; vi) Rule 14B.3.10 – Outdoor Living Area – Suburban Residential.

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.2 - Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.3 shall be considered a Discretionary Activity.

14D.3.3 Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009)

a) The site shall be an existing site which was legally established and was vacant or partially vacant as at 17 October 2009 and has not been developed since that date;

b) In the context of this rule ‘vacant’ shall mean a site that was bare land with no independent dwelling unit established upon it as at 17 October 2009. In the context of this rule ‘partially vacant’ shall mean a site that had one independent dwelling unit legally established upon it and an area of undeveloped land which would have met the required minimum site area/allotment size for one further independent dwelling unit to be legally established as a permitted activity as at 17 October 2009;

c) The development of the site under this rule shall not include the demolition or relocation of existing independent dwelling units;

d) The maximum number of independent dwelling units per site shall be two, including any existing independent dwelling unit on the site;

e) The minimum site area required for each independent dwelling unit contained within the site shall be 325m2 nett site area per independent dwelling unit;

f) Each independent dwelling unit shall meet the following Permitted Activity Rules


i) Rule 14B.3.2 – Building Height – Suburban Residential, Large Lot Residential ii) Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential; iii) Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential; iv) Rule 14B.3.5 – Setbacks – Traffic Management - Safety – Suburban Residential, Large Lot

Residential; v) Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential; vi) Rule 14B.3.7 – Site Coverage – Suburban Residential Zone, vii) Rule 14B.3.9 – Access – Suburban Residential Zone, Large Lot Residential; viii) Rule 14B.3.10 – Outdoor Living Area – Suburban Residential

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.3 – Suburban Residential Development of Vacant or Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009) shall be considered a Discretionary Activity.

14D.3.4 Home-Based Business

All Home-based businesses shall meet the Permitted Activity Rules in Rule 14B.3.12 - Home-based Business – Suburban Residential, Large Lot Residential.

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.4 - Home-based Business shall be considered a Discretionary Activity.

14D.3.5 Heavy Machinery

Heavy machinery shall comply with Rules in Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential.

Note: Any activity that does not comply with Rule 14D.3.5 - Heavy Machinery shall be considered as a Non-Complying Activity.

14D.3.6 Rules in Other Sections of the Plan

Activities within the City Living Zone shall also comply with the following sections of the Plan:








14D.4 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities:

a) Any activity listed as Restricted Discretionary in Table 14D.1 City Living Zone Activity Status.

Note: Any activity described as a Restricted Discretionary Activity that does not comply with a Restricted Discretionary Standard and Term shall be considered a Discretionary Activity.

14D.4.1 Non-Notification of Resource Consents Under Rule 14D.4

Any application for resource consent made under Rule 14D.4 - Restricted Discretionary Activity Rules shall not be notified, or served on affected parties.

14D.4.2 Restricted Discretionary Activity – Standards and Terms



14D.4.2.1 Comprehensively Designed Development

a) All development shall be a comprehensively designed development (City Living Zone) to meet the standards and terms of Rule 14D.4.2.2 - Development Density through Rule, 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule - 14D.4.2.6 d), e) - Setbacks.

14D.4.2.2 Development Density

a) The minimum site area required for each independent dwelling unit contained within the site shall be:

Activity City Living Residential

Zone

City Living Mixed Use Zone

Comprehensively designed development (City Living Zone)

200m2 per independent dwelling unit 200m2 per independent dwelling unit

Comprehensively designed development (City Living Zone) – when site density bonus criteria are met (see Rule 14D.4.2.2 b) )

No density limit applies No density limit applies

b) The site density bonus shall be available to apply to an activity only when: i) The site area is at least 1050m2; ii) The site can wholly contain a circle with at least a 25 metre diameter.

c) For the purposes of this rule, the site area includes any part of the site occupied by an office or health centre activity incorporated within the comprehensively designed development (City Living Zone).

14D.4.2.3 Size of Independent Dwelling Units

The minimum gross floor area of an independent dwelling unit shall be:

a) For a studio or one bedroom unit: 40m2;

b) For a two bedroom unit: 55m2;

c) For a three or more bedroom unit: 70m2.

14D.4.2.4 Building Height

a) The maximum height of any building or structure (Refer to Appendix 14D: City Living Zone Building Heights); with the exception of the Permitted Intrusions under either Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be:

Zone/Area Maximum Building Height

City Living – Residential (properties bound by Edgecumbe Road, Cameron Road, 4th and 8th Avenue) as identified on the Plan Maps, Part B.

9 metres

City Living – Mixed Use (fronting Cameron Road, being directly opposite Tauranga and Wharepai Domains) as identified on the Plan Maps, Part B.

19 metres

City Living – Residential/City Living – Mixed Use (not otherwise identified in this Table)

13 metres

b) Provided that no building or structure within any identified Viewshaft Protection Area, with the exception of the Permitted Intrusions in Rule 4H.2.3 Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps (Part B);

c) The maximum height of any accessory building shall be 4.5 metres.

14D.4.2.5 Streetscape

a) All buildings shall be set back from a road boundary a minimum of 1.5 metres;

b) Vehicle access width to any site measured at the road boundary, shall be a minimum of 3 metres and a maximum of 6 metres;


c) On-site parking shall not be located within the road boundary setback or between a building front façade and the street;

d) The road boundary setback shall comprise landscaped, permeable surface except for vehicle and pedestrian access to the site;

e) Any walls and fences erected in the road boundary setback shall be a maximum height of 1.2 metres above ground level;

f) Any office or health centre activity shall be located only within the ground floor level of a building with at least one direct pedestrian access point to the street;

g) Any independent dwelling unit located within the ground floor level of a building and fronting the street shall have at least one direct pedestrian access point to the street;

h) Any on-site car parking areas shall be visually screened or landscaped so parked vehicles cannot be seen directly from the street;

i) All required on-site parking shall be located to the side or rear of or beneath the principal building(s) on a site;

j) Vehicle access and manoeuvring to and from on-site parking other than provided for in Rule 14D.4.2.5 b) - Streetscape, shall be from the side or rear of the principal building(s), provided also that the relevant provisions of Chapter 4 – General Rules Provisions are complied with.

14D.4.2.6 Setbacks

a) All buildings shall be set back from the side or rear boundaries of a site as follows: i) Side – At least 1.5 metres; ii) Rear – At least 3 metres.

b) The setbacks required in Rule 14D.4.2.6 a) - Setbacks may not apply for the first 12 metres measured perpendicular into the site at ground level and from any point along the site road boundary. (Refer Appendix 14E: City Living Zone Setbacks);

c) Where buildings are attached by a common fire wall, no building setback is required between those buildings where the common wall is located;


e) All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;

Note: Permitted Activity Rule 14D.4.2.6 d), e - Setbacks shall not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.

14D.4.2.7 Overshadowing

a) All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be within a building envelope in accordance with Appendix 14C: Overshadowing;

b) Provided that the angle required in accordance with Appendix 14C: Overshadowing shall not apply for the first 12 metres of site boundary measured perpendicular into the site at ground level and from any point along the site road boundary;

c) Where buildings are attached by a common fire wall, no overshadowing is required between those buildings where the common wall is located.

14D.4.2.8 Sunlight Admission to Independent Dwelling Units

a) The main living area of each independent dwelling unit shall be provided with at least one north facing window or doorway/accessway of at least 4m2 in area that can admit north facing sunlight directly on to the main living area floor for at least 2 hours continuous on 21 June. (Refer Appendix 14F: City Living Zone Sunlight Admission to Independent Dwelling Units);

b) For the purposes of Rule 14D.4.2.8 a) - Sunlight Admission to Independent Dwelling Units north facing sunlight is direct sunlight measured between 40 degrees east or west of true north at a 30 degree azimuth angle.


14D.4.2.9 Site Coverage

a) The maximum amount of a site that can be covered by buildings shall be 50% of the site area;

b) The maximum amount of a site that can be covered by a combination of buildings and all on-site vehicle access, manoeuvring and parking areas shall be 75% of the site area;

c) A minimum of 25% of the site area shall be designed, constructed and occupied by an outdoor developed landscape.

14D.4.2.10 On-Site Outdoor Living Areas and Service Areas

a) Each independent dwelling unit shall be provided with at least one on-site outdoor living area which shall be: i) For units at ground floor level, a minimum area of 30m2 capable of containing a 3 metre

diameter circle; ii) For units above ground floor level; a minimum area of 6.0m2 and a minimum dimension of 2.0

metres; iii) For the exclusive use of the independent dwelling unit; iv) Directly accessible from the main living area of the unit to which it relates; v) Unobstructed by driveways, manoeuvring areas, parking, accessory buildings and service area.

b) Each building development shall be provided with a service area or areas which shall be: i) A minimum area of 4.0m3 with a minimum dimension of 1.0 metres for each independent

dwelling unit or business unit; ii) Located at ground floor level within the site, including within garaging if desired and be legally

and physically accessible to each independent dwelling unit, or business unit; iii) Visually screened so that they cannot be seen directly from the street.

14D.4.2.11 Visual Outlook, Admission of Natural Light and Ventilation

a) Each independent dwelling unit shall be provided with outlook space free of buildings and structures (other than those structures required for human safety when using a required outdoor living area) adjoining a main living area, studio or bedroom;

b) The minimum dimension of an outlook space from the main living area or studio shall be 6 metres, and from a bedroom shall be 3 metres;

c) The minimum dimension shall be measured perpendicular to the exterior face of any window or doorway/accessway that forms part of exterior of the main living area, studio or a bedroom;

d) The outlook space shall: i) Be over the site on which the building is located and also; ii) May be over an outdoor living area or service area related to the independent dwelling unit; iii) May be over a legal road; iv) May be over public open space or reserve that is owned and administered by the Council;

Provided that other relevant building setback requirements are complied with. (Refer Appendix 14G: City Living Zone Visual Outlook);

e) Where buildings are attached by a common fire wall, no outlook space is required between those buildings where the common wall is located;

f) Each main living area, studio area and bedroom of an independent dwelling unit shall be provided with at least one exterior opening window that provides natural light and ventilation to that room.

14D.4.2.12 Scheduled Site - Hotel Armitage - Standards and Terms

a) Within the Hotel Armitage Scheduled Site, Willow Street/Brown Street, the following are Restricted Discretionary Activities: i) Residential Activities; ii) Visitor Accommodation including reception, entertainment, conference, retail facilities ancillary

to the on-site visitor accommodation; iii) Licensed premises and restaurants; iv) Car parking, loading and access; v) Accessory buildings and activities.

b) The maximum building height shall be 19 metres;

c) The maximum building coverage on-site shall be 60%;

d) The maximum residential density on-site shall be in accordance with Rule 14D.4.2.2 - Development Density;


e) The setbacks on the site shall be Willow Street and Brown Street frontage a minimum of 1.5 metres, and other boundary setbacks a minimum of 1.5 metres;

f) On all road frontage setbacks landscaping comprising a mix of trees, shrubs and ground covers shall be provided and maintained to a minimum depth of 1.5 metres from the road boundary exclusive of vehicle and pedestrian accessways, to soften the bulk and scale of the principal buildings on the site;

g) A minimum of 25% of the total site shall be landscaped inclusive of the frontage landscaping required in Rule 14D.4.2.12 f) – Scheduled Site – Hotel Armitage – Standards and Terms;

h) Any on-site, at ground service areas shall be visually screened from any road;

i) All buildings shall meet Rule 14D.4.2.7 - Overshadowing as relevant, provided that the overshadowing rule shall only be measured from a site boundary other than a road boundary;

j) In assessing an application for extension of floorspace or site redevelopment the Council restricts the exercise of its discretion to the following matters: i) Those matters listed in Rule 14D.4.2.14 a), b), c) and d) iii) - Restricted Discretionary Activities –

Matters of Discretion and Conditions which are directly relevant to the building bulk and scale, the site layout and building design and servicing of the proposal.

14D.4.2.13 Restricted Discretionary Activities – Standards and Terms – Setbacks – 14D.4.2.6 - Setbacks d), e)

Any Restricted Discretionary Activity under Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) - Setbacks shall comply with the following standards and terms:



Note: Any activity that does not comply with Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) - Setbacks shall be considered a Discretionary Activity.

14D.4.2.14 Restricted Discretionary Activities – Matters of Discretion and Conditions


a) General Matters: i) An assessment of a comprehensively designed development (City Living Zone) site plan and

associated proposed building profiles and activity information to be submitted with the application;

ii) Imposition of conditions related to compliance with an approved comprehensively designed development (City Living Zone) plan and associated easements and/or covenants and consent notices required to implement an approved plan.

b) Bulk and scale of buildings and structures: i) The objectives and policies relating to bulk and scale of buildings and structures; ii) The extent to which the development visually dominates its site or surrounding sites through

excessive building bulk, scale or height; iii) The extent to which the development can avoid or mitigate more than minor overshadowing of

neighbouring sites by buildings.

c) Site Layout and Building Design: i) The objectives and policies relating to site layout and building design; ii) The extent to which the building is designed to break up vertical and horizontal mass through its

façade and avoidance of large, blank walls; iii) A residential development is designed to allow sunlight into main living areas, bedrooms and

studios; iv) A residential development is designed to create on-site amenity and visual privacy between

units with the design and location of outdoor living areas, outdoor space or outdoor communal areas, and on-site landscaping;

v) A mixed use development is designed to provide adaptable ground floorspace including stud height;

vi) On-site landscape planting can provide visual screening for on-site parking when viewed from the street;


vii) Buildings and activities are designed and located to minimise any adverse effects from noise within the building and from outdoor activity areas;

viii) Service storage areas are designed and located to ensure convenient use for residents, business occupiers and service vehicles;

ix) Activities within buildings are designed and orientated to enable passive visual surveillance of the street;

x) Vehicle and pedestrian access is designed and located to ensure safe and efficient movement on-site and to and from the street;

xi) Physical access to residential and business activities on the site is clear from the street; xii) Any subdivision would support the implementation of a land use consent related to the site.

d) Density of Development: i) The objectives and policies relating to density of development; ii) The extent to which the development promotes medium density housing; iii) Adverse effects of the development on local water supply, wastewater systems, stormwater

management, and the local road network can be adequately avoided, remedied or mitigated.

e) Activities: i) The objectives and policies relating to activities; ii) The development is predominately for residential activity at the planned densities anticipated for

the zone; iii) The development promotes and enhances urban residential character and amenity, not

business character and amenity; iv) Any non-residential activities are the same or similar to those anticipated in the zone.

f) Setbacks:

In considering activities that do not comply with Rule 14D.4.2.6 - Setbacks, the Council restricts the

exercise of its discretion to: i) The height, scale, and location of any building, structure, or sign; ii) The use of material on the exterior of any building or structure, including the use of colour; iii) The nature, location and extent of any proposed earthworks; iv) The location and design of access, parking areas; infrastructure and services or fences; v) 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;


Note: The Development Guide of Tauranga City Council will also be used as a reference guide in consideration of these matters.

14D.4.3 Rules in Other Sections of the Plan

Activities within the City Living Zone shall also comply with the following sections of the Plan:









14D.5 Discretionary Activity Rules The following are Discretionary Activities:

a) Any Permitted Activity that does not comply with: i) Rule 14D.3.1 - Alterations and/or Additions to Residential Activities (legally established as at 17

October 2009;Rule 14D.3.2 - Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.3 – Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009);

iii) Rule 14D.3.3 – Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009);

iv) Rule 14D.3 4 - Home-based Business;

b) Comprehensively designed development (City Living Zone) which does not comply with Rules 14D.4.2.2 - Development Density through Rule 14D.4.2.12 - Scheduled Site - Hotel Armitage - Standards and Terms;

c) Any Restricted Discretionary Activity not complying with Rule 14D.4.2.13 - Restricted Discretionary Activities – Standards and Terms – Setbacks and Rule 14D.4.2.6 d), e) - Setbacks;

d) Any activity which is not a Permitted, Controlled, Restricted Discretionary, Non-Complying or Prohibited Activity;

e) Any activity listed as Discretionary in Table 14D.1: City Living Zone Activity Status.

14D.5.1 Assessment of Discretionary Activities a) In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council will consider

any relevant matter with particular regard to the relevant Objectives and Policies of the Plan;

b) Notwithstanding Rule 14D.5.1 a) - Assessment of Discretionary Activities above the Council will also have regard to the matters listed in Rule 14D.4.2.14 - Restricted Discretionary Activities – Matters of Discretion and Conditions for guidance in considering the application.


14D.6 Non-Complying Activity Rules The following are Non-Complying Activities:

a) Any activity listed as Non-Complying in Table 14D.1: City Living Zone Activity Status;

b) Any Permitted Activity that does not comply with Rule 14D.3.5– Heavy Machinery.


14 Residential Zones 8 October 2016 Section 14F Page 1 of 12

Section 14E

14E Purpose of the High Density Residential Zone The purpose of the High Density Residential Zone is to provide for high density development at the western end of Mount Maunganui, adjacent to the downtown shopping area, the beach, harbour and recreational amenities. The intent is to provide for a high density mix of visitor accommodation and permanent residential accommodation in the form of multi unit and apartment developments. In keeping with the nature of a higher density environment and the high off-site amenity of the area there is no regulatory requirement for private on-site open space.

A defined area of the zone, the High Rise Plan Area, provides for high rise development opportunities, subject to additional controls that relate building bulk and scale to views to and from Mauao (Mount Maunganui) and Hopukiore (Mount Drury) and address overshadowing of adjoining properties outside of the High Rise Plan Area.

14E.1 Objectives and Policies of the High Density Residential Zone

14E.1.1 Objective – Bulk and Scale of Buildings in the High Density Residential Zone

Buildings that are of a bulk and scale that provide for high density residential development while balancing these opportunities with the outstanding natural landscape and historic heritage values of Mauao and Hopukiore, and the natural landscape features of the coastal and harbour edges, decreasing in height from Mauao towards Commons Avenue and Hopukiore, and from the centre of the isthmus to the coast.

14E.1.1.1 Policy – Bulk and Scale of Buildings in the High Density Residential Zone – Height

By defining areas of permitted height through:

a) A High Rise Plan Area where an absolute maximum height is identified that provides an appropriate relationship of high density residential development to the outstanding natural features and landscapes and historic heritage values of Mauao and Hopukiore, and the natural landscape features of the coastal and harbour edges, while limiting the potential adverse effects of accelerated wind speed and overshadowing on adjacent residential development;

b) Limiting the height of buildings within the zone and adjacent to the High Rise Plan Area to a scale compatible with the Suburban Residential Zone, and ensuring development is subservient to the landscape values afforded by: i) The Norfolk Island Pines along Marine Parade and The Mall; ii) The outstanding natural features and landscapes and historic heritage values of Mauao

and Hopukiore; iii) The coastal environment; iv) The relationship of tangata whenua with Mauao and Hopukiore.

14E.1.1.2 Policy – Bulk and Scale of Buildings in the High Density Residential Zone Overshadowing

By defining a permitted building envelope to ensure that:

a) There is an adequate supply of daylight for sites adjacent to, but outside, the High Rise Plan Area;

b) All other sites in the zone (i.e., outside the High Rise Plan Area) receive an adequate supply of daylight.


14E.1.2 Objective – Site Layout and Building Design in the High Density Residential Zone

Buildings within the zone provide a residential amenity characterised by open space between sites and a streetscape comprised of consistent building setbacks and opportunities for frontage landscape planting.

14E.1.2.1 Policy - Site Layout and Building Design in the High Density Residential Zone

By ensuring that the layout and design of development within the zone:

a) Provides building setbacks between sites that ensure a physical separation of buildings between sites, access for building maintenance, and contributes to the visual and aural privacy of adjoining sites;

b) Ensures that buildings are setback from the road boundary to provide a streetscape with opportunities for landscape planting, that encourages passive surveillance of the street, and contributes to a high level of amenity at the public-private interface;

c) Recognises that a component of the amenity of the zone is the proximity and access to open space and leisure activities, and so not requiring dedicated on-site outdoor living areas.

14E.1.3 Objective – Density of Development in the High Density Residential Zone

A high density residential environment close to Mount Maunganui’s town centre characterised by permanent residential and visitor accommodation in the form of multi unit and apartment housing, including some high rise development opportunities.

14E.1.3.1 Policy - Residential Diversity and Densities

By providing for a mix of residential activities and visitor accommodation to establish at a high density

with specifically defined on-site development controls for permitted development. For other development, regard is to be had to:

a) The special environmental qualities of the area that will influence the degree of building density beyond that permitted, such as but not limited to the heritage and landscape values of Mauao and Hopukiore, and the coastal environment of Ocean Beach and Pilot Bay;

b) The role of the area to enable a variety of visitor accommodation;

c) The capacity of existing and planned infrastructure, including public open space.

14E.1.4 Objective – Activities in the High Density Residential Zone

Development within the zone is characterised by a predominance of high density residential activity for both permanent dwellings and visitor accommodation.

14E.1.4.1 Policy – Activities in the High Density Residential Zone

By ensuring that:

a) High density residential development that provides for permanent dwellings and visitor accommodation is the predominant activity in the zone. Limiting the establishment of non-residential activity in accordance with the general objective and policies for activities in Residential Zones other than for cafes and restaurants only that can be considered at ground floor within buildings located wholly within the High Rise Plan Area.

b) By providing for a limited expansion of existing legally established offices on sites in the zone, in recognition of the previous investment in such properties under previous planning provisions.


14E.2 Activity Status Rules

14E.2.1 Activities in the High Density Residential Zone

All activities in the High Density Residential Zone shall have the status identified in Table 14E.1 High Density Residential Zone Activity Status. Symbols used in Table 14E.1 High Density Residential Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Note: Residential activities, visitor accommodation, homestay, schools, tertiary education premises and health centres shall be subject to Rule 4E.2.5 – Port Industry Zone and Noise Control Boundaries.

Table 14E.1: High Density Residential Zone Activity Status

Use/Activity Relevant Rule High Density Residential

Accessory building, structure or activity 14E.3 P

Additions to the floor area of existing offices legally established

before 12 April 2008 14E.6 D

Business activities not listed elsewhere in Table 14E.1: High Density Residential Zone Activity Status

14E.7 NC

Cafes and restaurants, located at ground floor level only, on sites within the High Rise Plan Area

14E.6 D

Cafes and restaurants, above ground floor level, within the High Rise Plan Area and on sites outside the High Rise Plan Area

14E.7 NC

Places of Worship 14E.6 D

Demolition of a building or structure 14E.3.11 P

Health centres 14E.6 D

Home-based business 14E.3 P

Homestay 14E.3 P

Independent dwelling unit 14E.3 P

Industrial activities 14E.7 NC

Minor public recreational facilities and activities 14E.3 P

Schools 14E.6 D

Shared accommodation 14E.3 P

Tertiary education premises 14E.6 D


Use/Activity Relevant Rule High Density Residential

Urupa 14E.3 P

Visitor accommodation 14E.3 P

14E.3 Permitted Activity Rules


14E.3.1 Residential and Visitor Accommodation Density

The minimum site area required for each independent dwelling unit or visitor accommodation unit contained within the site shall be:

Activity Density

Independent dwelling units 1 Independent dwelling unit per 100m2 of gross site area.

Shared accommodation (other than high rise buildings in the High Rise Plan Area)

Maximum of 8 permanent residents per site.

Visitor accommodation (self-contained) 1 self-contained visitor accommodation unit per 100m2 of gross site area.

Visitor accommodation (not self-contained) Habitable room gross floor area of 65m2 per 100m2 of gross site area.

Note: Any activity that does not comply with Rule 14E.3.1 – Residential and Visitor Accommodation Density shall be considered a Discretionary Activity.

14E.3.2 Building Height a) The maximum height of any building, with the exception of the Permitted Intrusions under either

Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones on a site shall be 9 metres.


Note: Any activity that does not comply with Rule 14E.3.2 a) – Building Height shall be considered a Non- Complying Activity for sites between Adams Avenue and Commons Avenue, with the exception of buildings in the High Rise Plan Area which shall be considered a Controlled Activity.

Note: Any activity that does not comply with Rule 14E.3.2 a) – Building Height in the High Density Residential Zone, excluding sites between Adams Avenue and Commons Avenue, shall be considered a Discretionary Activity, with the exception of buildings in the High Rise Plan Area which shall be considered a Controlled Activity.

Note: Any activity that does not comply with Rule 14E.3.2 b) – Building Height shall be considered a Discretionary Activity.

14E.3.3 Streetscape

All buildings on a site with a frontage to a legal road shall be set back from the road boundary of the site as follows:


a) 3 metres; except:

b) All buildings on a site adjoining a future road widening designation identified on the Plan Maps (Part B) shall have the required setback measured from that designation boundary;


14E.3.4 Setbacks

All buildings, excluding any setback intrusions permitted under either Rule 4H.2.1- Permitted Setback Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones shall provide the following setbacks from a side or rear boundary:

a) A minimum of 1.5 metres from a side or rear boundary;

b) A minimum of 5 metres from the boundary of the Conservation Zone;

c) A building may be erected closer to a side or rear setback where, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5 metres of that property boundary. A maximum of two setbacks may be reduced through this rule.


e) All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland.

Note: Rule 14E.3.4 d), e) - Setbacks does not apply where the subject site is separated by a formed legal road from the Coastal Marine Area.

Note: Any activity that does not comply with Rule 14E.3.4 b) - Setbacks shall be considered a Non-Complying Activity.

14E.3.5 Setbacks – Traffic Management – Safety


14E.3.6 Overshadowing a) All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 –

Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones and excluding buildings in the High Rise Plan Area, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing

b) A building may penetrate the overshadowing envelope if the written consent of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building consent plans. In the context of this rule an adjoining property will include rights of way and properties separated by rights of way adjoining the non-compliance.

14E.3.7 Access

The maximum number of independent dwelling units, homestays, shared accommodation or visitor accommodation units that can be served by private rights-of-ways, private accessway or legal access lot shall be:

Up to and including 2 independent dwelling units ;or

up to and including 2 self-contained visitor accommodation units; or

2.7m minimum legal width with a 2.4m minimum width of seal.


1 shared accommodation premises.

3-4 independent dwelling units or self-contained visitor accommodation units;

or

up to 2 independent dwelling units that include any one permitted homestay per independent dwelling unit; or


2 shared accommodation premises.

3m minimum legal width with a 2.5m

minimum width of seal.

5-12 independent dwelling units or self-contained visitor accommodation units; or

up to 8 independent dwelling units that include one permitted homestay; or


up to 8 shared accommodation premises.

6m minimum legal width, with a 5.0m minimum width of seal, provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries.

14E.3.8 Homestays a) The homestay shall be associated with, and ancillary to, an independent dwelling unit on the

site;

b) When added together, the maximum gross floor area of all habitable rooms associated with homestay on the site shall not exceed 65m2.

Note: Any activity that does not comply with Rule 14E.3.8 – Homestays shall be considered a Non-Complying Activity.

14E.3.9 Home-Based Businesses



b) The activity shall be carried out either within a dwelling, an accessory building, or in an outdoor area clearly designed and constructed for the purpose of the business or businesses, or a combination of these areas. The maximum total gross area used for the home-based business or combination of businesses, including retail sales space, shall be 50m²;

c) The activity, including any aspect undertaken in an outdoor area, shall not encroach on the streetscape or setback requirements of the site as defined in the Plan;

d) Retail sales from a home-based business or businesses shall be limited to those goods and materials produced or used in the direct operation and management of that business or those businesses on the site. Retail sales shall take place from within a building or structure on the same site and the area occupied for retail sales shall be a constituent part of the total gross area used for the home-based business or combination of businesses.

Note: Any activity that does not comply with Rule 14E.3.9 – Home-based Businesses shall be considered a Non-Complying Activity.

14E.3.10 Heavy Machinery

No heavy machinery shall be parked, stored or displayed on a site. This excludes one private motor home vehicle per site, regardless of whether that vehicle falls within the definition of heavy machinery, providing the motor home vehicle is parked in compliance with Rule 14E.3.4 - Setbacks and Rule 14E.3.6 - Overshadowing. Heavy Machinery may visit and use a site for the purpose of pick up or delivery of goods or materials or during construction on the site.

Note: Any activity that does not comply with Rule 14E.3.10 – Heavy Machinery shall be considered a Non-Complying Activity.


14E.3.11 Rules in Other Sections of the Plan

Activities within the High Density Residential Zone shall also comply with the following sections of the Plan:









14E.4 Controlled Activity Rules Building a high rise building on a specified high rise site within the High Rise Plan Area is deemed to be a Controlled Activity.

14E.4.1 Controlled Activity Standards and Terms – High Rise Building on a specified High Rise Site within the High Rise Plan Area

14E.4.1.1 Development Density and Scale – High Rise Plan Area

a) The maximum density of activities in a high rise building on a specified high rise site within the High Rise Plan Area shall be: i) Residential activities: 1 independent dwelling unit per 60m2 of nett site area; ii) Visitor accommodation: 1 visitor accommodation unit per 30m2 of nett site area; iii) For the purposes of this rule, nett site area means the area of the site that is contained

within the specified High Rise Plan Area boundary as shown on the Plan Maps (Part B).

b) No part of any building on a specified site within the High Rise Plan Area shall exceed the maximum height plane shown in Appendix 14A: Reduced Levels of Maximum Height Plane Relative to Boundaries, Mount Maunganui High Rise Plan Area.

c) Every high rise building shall be contained wholly within the specified High Rise Plan Area boundary and setback from site boundaries or the High Rise Plan Area boundary at least: i) Front (road) boundary: 5 metres; ii) Rear boundary: 5 metres up to 9 metres height and 7.5 metres above 9 metres height; iii) Side boundary: 3 metres up to 9 metres height and 7.5 metres above 9 metres height;

Provided that: iv) Every part of any high rise building is also within a building envelope formed by two lines

intersecting at the mid-point on each development site boundary or High Rise Plan Area boundary, whichever is applicable, and any road boundary that lies adjacent to the building to be erected, such that each line forms an angle of 35 degrees with that site boundary. (Refer Appendix 14B: Bulk and Location Controls for High Rise Plan Area Sites, Maunganui Road).

d) No more than one high rise building shall be permitted per specified high rise site.

14E.4.1.2 Wind Effects – High Rise Area

a) High rise buildings shall be designed to minimise accelerated wind-speed effects that may cause damage to neighbouring buildings or structures, or ground-level discomfort to pedestrians using public spaces;

b) A report from a suitably qualified person experienced in the analysis of wind effects shall be submitted with each application.

14E.4.2 Rules in Other Sections of the Plan

Controlled Activities within the High Density Residential Zone shall also comply with the following sections of the Plan:









Note: Notwithstanding any other rule in the Plan, any building on a specified high rise site in the High Rise Plan Area of the High Density Residential Zone that exceeds the maximum height permitted by Rule 14E.4.1.1 b) - Development Density and Scale – High Rise Plan Area is a Prohibited Activity.

Note: Any Controlled Activity that does not comply with any of the other Controlled Activity conditions of Rule 14E.4.1.1 - Development Density and Scale – High Rise Plan Area or Rule 14E.4.1.2 - Wind Effects – High Rise Area or Rule 14E.4.2 - Rules in Other Sections of the Plan shall be a Discretionary Activity.

14E.4.3 Controlled Land Use - Matters of Control and Conditions

14E.4.3.1 High Rise Buildings in the High Rise Plan Area

The Council reserves control over density and scale, and wind effects.

14E.5 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities:

a) Any Permitted Activity that does not comply with: i) Rule 14E.3.3 – Streetscape; ii) Rule 14E.3.4 – Setbacks; (excluding Rule 14E.3.4 b - Setbacks); iii) Rule 14E.3.5 – Setbacks – Traffic Management Safety; iv) Rule 14E.3.6 – Overshadowing; v) Rule 14E.3.7 – Access.

14E.5.1 Restricted Discretionary Activities – Standards and Terms – Rule 14E.3.4 d), e) - Setbacks



b) The assessment shall have particular regard to the open space character and factors, values and associations that contribute to the area’s landscape and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.

Note: Any activity that does not comply with Rule 14E.5.1 - Restricted Discretionary Activity - Standards and Terms shall be considered a Discretionary Activity.

14E.5.2 Restricted Discretionary Activities – Matters of Discretion and Conditions

14E.5.2.1 Streetscape

In considering activities that do not comply with Rule 14E.3.3 - Streetscape the Council restricts the exercise of its discretion to:

a) 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;

b) 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.

14E.5.2.2 Setbacks

a) In considering activities that do not comply with Rule 14E.3.4 a) - Setbacks the Council restricts the exercise of its discretion to:


i) The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;

ii) The extent to which the proposal would reduce access for maintenance, including for buildings on adjoining sites;

iii) 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.

b) In considering activities that do not comply with Rule 14E.3.4 d, e) - Setbacks the Council restricts the exercise of its discretion to: i) The height, scale, and location of any building, structure, or sign; ii) The use of material on the exterior of any building or structure, including the use of

colour; iii) The nature, location and extent of any proposed earthworks; iv) The location and design of access, parking areas; infrastructure and services or fences; v) 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;


14E.5.2.3 Setback – Traffic Management – Safety

In considering activities that do not comply with Rule 14E.3.5 – Setbacks – Traffic Management – Safety the Council restricts the exercise of its discretion to the matters in Policy 4B.1.3.1 – On-site Parking Requirements.

14E.5.2.4 Overshadowing

In considering activities that do not comply with Rule 14E.3.6 – 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.

14E.5.2.5 Access

In considering activities that do not comply with Rule 14E.3.7 – Access the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential character and amenity.

14E.6 Discretionary Activity Rules The following are Discretionary Activities:

a) Any Permitted Activity that does not comply with: i) Rule 14E.3.1 - Residential and Visitor Accommodation Density; ii) Rule 14E.3.2 a) - Building Height, excluding sites between Adams Avenue and

Commons Avenue.

b) Any Controlled Activity that does not comply with: i) Rule 14E.4.1.1 - Development Density and Scale – High Rise Plan Area, excluding Rule

14E.4.1.1 b) - Development Density and Scale – High Rise Plan Area; ii) Rule 14E.4.1.2 - Wind Effects – High Rise Area; iii) Rule 14E.4.2 - Rules in Other Sections of the Plan.

c) Any Restricted Discretionary Activity that does not comply with Rule 14E.5.1 - Setbacks;

d) Any activity that is not a Permitted, Controlled, Restricted Discretionary, Non-Complying or Prohibited Activity;


e) Any activity listed as a Discretionary Activity in Table 14E.1: High Density Residential Zone Activity Status.

14E.6.1 Assessment of Discretionary Activities



14E.7 Non-Complying Activities The following are Non-Complying Activities:

a) Any Permitted Activity that does not comply with: i) Rule 14E.3.2 a) - Building Height, on sites between Adams Avenue and Commons

Avenue; ii) Rule 14E.3.4 b) - Setbacks; iii) Rule 14E.3.8 - Homestays; iv) Rule 14E.3.9 - Home-based businesses; v) Rule 14E.3.10 - Heavy Machinery;

b) All those activities listed as a Non-Complying Activity in Table 14E.1: High Density Residential Zone Activity Status.

14E.8 Prohibited Activities The following are Prohibited Activities:

a) Any building on a specified high rise site in the High Rise Plan Area of the High Density Residential Zone that exceeds the maximum height permitted by Rule 14E.4.1.1 b) - Development Density and Scale – High Rise Plan Area.


Section 14F

14F Purpose of the Wairakei Residential Zone The purpose of the Wairakei Residential Zone is to provide for an intensified urban character within Papamoa East. The zone recognises Wairakei’s key role in accommodating a significant proportion of the City’s residential growth in a manner that integrates with existing urban growth areas in Papamoa and future urban growth areas such as Te Tumu, directly east.

The Wairakei Residential Zone enables efficient use of serviced urban land by for independent dwelling units or residential allotments. The intent of this approach will translate the required urban densities into a built form that is predominantly urban in character, with compact detached or multi-unit, multi-level housing types likely to prevail.

The development pattern in this zone will relate closely to the design, layout and development of the neighborhood centres, collector roads, local reserves, stormwater management areas, Papamoa East Employment Zone and the Wairakei town centre. These elements are to be taken into account when assessing development and subdivision through implementing the Wairakei Urban Growth Plan.

The Medium Rise Plan Area is applied in distinct locations within the Wairakei Residential Zone. The Medium Rise Plan Areas provide a greater scale and density than that provided for generally in the Wairakei Residential Zone. These plan areas are located within proximity of nodes of activity and areas of comparatively higher amenity and balanced by urban design requirements that offsets the reduction in open space, are appropriately located within the transport network in terms of function and the efficient movement of people.

Cultural view corridors to significant maunga are retained including Te Rae O Papamoa (Papamoa Hills) and Otawa along roads as shown on the Wairakei Urban Growth Plan. This includes the sensitive alignment of roads identified at the time of the initial land use consent or subdivision. Main roads should be orientated to maintain these cultural view corridors. Plan Change 25 – No Legal Effect


14F.1 Objectives and Policies for the Wairakei Residential Zone

14F.1.1 Objective - Bulk and Scale of Buildings in the Wairakei Residential Zone

Buildings that are of a bulk and scale compatible with the existing and anticipated urban residential character and amenity anticipated for the zone.

14F.1.1.1 Policy - Bulk and Scale of Buildings in the Wairakei Residential Zone – Building Height and Overshadowing

By ensuring buildings are restricted to a height and building envelope that:

a) Enables design flexibility for a range of residential building typologies and densities, from detached housing to multi-unit housing styles balanced with both private and public open space and other infrastructure needs;

b) Avoids the potential adverse impacts of over height buildings on surrounding dwellings, including their outdoor living area and on public open space including the streetscape or skyline through overshadowing, overlooking or visual dominance of buildings.

14F.1.2 Objective - Site Layout and Building Design in the Wairakei Residential Zone

Development within the Wairakei Residential Zone provides a residential amenity with a urban residential character that provides for a variety of housing typologies.

14F.1.2.1 Policy – Site and Building Design – Wairakei Residential Zone

By ensuring the layout and design of development in the zone:

a) Provides for attached and detached housing typologies through the provision of nil setbacks on side boundaries whilst retaining front and rear setbacks;


c) Provides a useable area of outdoor open living area for on-site recreation and leisure; and

d) Cumulatively contributes to the overall nature of the surrounding neighborhood.

14F.1.2.2 Policy - Density of Development – Retirement Villages in the Wairakei Residential Zone

Providing for retirement villages on larger sites with greater density of development within the Wairakei Residential Zone in recognition of their unique occupancy rates in circumstances where:

a) The retirement village is designed in a comprehensive manner to ensure that adverse effects on the existing and anticipated urban residential amenity and character values are avoided and / or mitigated;

b) Adverse effects on the transport network arising from the development are avoided and / or mitigated;

c) Adverse effects on Council’s infrastructural capacity are avoided and / or mitigated.

14F.1.3 Objective – Density of Development in the Wairakei Residential Zone

Development within the Wairakei Residential Zone creates an urban landscape character, which is

characterised by a variety of housing including detached or multi-unit, housing types.


14F.1.3.1 Policy –Development in the Wairakei Residential Zone


a) Enables a variety of potential site sizes while ensuring a minimum average nett yield is achieved;

b) Providing for the integrated development of rest home, retirement village and shared accommodation types to meet the specialised accommodation needs of the City’s residents, that are compatible with the existing and anticipated urban residential character and development density;

14F.1.4 Objective – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area

Development within the Wairakei Medium Rise Plan Area provides for comprehensively designed multi-level housing.

14F.1.4.1 Policy – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area

By ensuring that development within the Wairakei Medium Rise Plan Area:

a) Provides for medium density development in specific areas identified in the Plan as Medium Rise Plan areas and ensuring that they are comprehensively designed;

b) Provides for increased height opportunities in the Medium Rise Plan Areas in an integrated manner;

c) Creates and maintains cultural view corridors along main roads towards Te Rae o Papamoa and Otawa, and are to be addressed as part of that design process;

d) Higher yield development is encouraged where this can make efficient use of available infrastructure.



14F.2 Activity Status Rules

14F.2.1 Activities in Wairakei Residential Zone

All activities in the Wairakei Residential Zone shall have the status identified in Table 14F.1: Wairakei Residential Zone Activity Status. Symbols used in Table 14F.1: Wairakei Residential Zone Activity Status have the meaning described in Table 1A.2: Activity Status.

Table 14F.1: Wairakei Residential Zone Activity Status

Use/Activity Relevant Rule Wairakei Residential

Accessory buildings, structures and activities 14F.3 P

Business activities not listed elsewhere in Table 14F.1: Wairakei Residential Zone Activity Status

14F.7 NC

Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area

14F.5.3 RD

Demolition of buildings/structures 14F.3.17 P

Health Centres 14F.6 D

Home-based business 14F.3.11 P

Homestays 14F.3.10 P

Independent dwelling units 14F.3 P

Industrial activities 14F.7 NC

Minor public recreational facilities and activities 14F.3 P

Office ancillary to a showhome 14F.4.1 C

Rest home 14F.3 P

Retirement village 14F.3 P

Secondary Independent Dwelling Unit 14F.3.13 P

Shared accommodation 14F.3

P

Showhomes 14F.3.15 P

School 14F.5.5 RD

Community facility 14F.5.5 RD

Tertiary education premises 14F.5.5 RD



14F.3 Permitted Activity Rules

Note: Activities that cannot comply with a Permitted Activity rule will be considered a Restricted Discretionary Activity unless otherwise stated.

14F.3.1 Residential Development Density – Wairakei Residential Zone

The maximum development density for residential activities on a site shall be:

Activity Density

Wairakei Residential Zone 1 independent dwelling unit per site. No minimum nett site area applies.

Rest home

Sites shall have a minimum site area of 1000m2; 1 bed and/or bedroom per 75m² of site area; Maximum of 20 rest home residents per site (excluding staff).

Retirement village

Sites shall have a minimum site area of 1000m2 No minimum nett site area applies to independent dwelling unit or its dwelling unit equivalent. 1 rest home bed and/or bedroom per 75m² of site area; Maximum of 20 rest home occupants per site (excluding staff).

Shared accommodation Sites shall be a minimum of 600m2; Maximum of 8 permanent residents per site (excluding staff).

Note: Any Activity that does not comply with Permitted Activity Rule 14F.3.1 - Residential Development Density shall be considered a Discretionary Activity.

14F.3.2 Building Height – Wairakei Residential Zone a) The maximum height of any building, with the exception of the permitted intrusions either under Rule

4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, on a site shall be:

Zone Height

Wairakei Residential Zone 9.5m


Note: Any activity that does not comply with Permitted Activity Rule 14F.3.2 – Building Height shall be considered a Discretionary Activity.

14F.3.3 Streetscape – Wairakei Residential Zone a) All buildings excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback

Intrusions, on a site with a frontage to a legal road shall be setback from the road boundary of the site as follows: i) 3 metres, except; ii) All buildings on a site adjoining a future road widening designation identified on the Plan Maps

(Part B) shall have the required setback measured from that designation boundary. iii) The provision of on-site parking shall not be located within the required streetscape setback.


14F.3.4 Setbacks – Wairakei Residential Zone a) All buildings, excluding any setback intrusions permitted under Rule 4H.2.1 – Permitted Setback

Intrusions or 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall provide the following setbacks: i) A minimum of 1.5 metres from a rear boundary; ii) A minimum of 1 metres from the boundary of the Passive Open Space Zone; iii) A minimum of 1.5 metres from a side boundary;

b) A building may be erected closer to a side or rear setback where, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will not include rights of way and properties separated by rights of way adjoining the non-compliance where the building is to be located within 1.5 metres of that property boundary. A maximum of two setbacks may be reduced through this rule;

c) Rule 14F.3.4 (a) (iv) shall not apply where there is an existing common wall on the boundary between two independent dwelling units on adjoining sites or where a common wall on the boundary is proposed as illustrated in Appendix 14O.

14F.3.5 Setbacks - Traffic Management - Safety – Wairakei Residential Zone


14F.3.6 Overshadowing – Wairakei Residential Zone a) All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 –

Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing;

b) A building may penetrate the overshadowing envelope if, prior to the building works relating to the encroachment being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. The written approval and endorsed plans shall be provided to Council for registration on the appropriate property file(s). In the context of this rule an adjoining property will include all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights of way, or access lots (excluding public roads), where the subject building encroaches the overshadowing envelope as applied at the boundary of that property.

c) Where Rule 14F.3.4(c) – Setbacks – Wairakei Residential Zone applies, Rule 14F.3.6 – Overshadowing- Wairakei Residential Zone shall not apply to the common wall on the boundary.

14F.3.7 Access – Wairakei Residential Zone

The maximum number of independent dwelling units, homestays or shared accommodation that can be

served by private rights of ways, private accessway or legal access lot shall be;

Up to and including 2 independent dwelling units only 2.7m minimum legal width with a 2.4m minimum seal width.

3-4 independent dwelling units, or up to 2 independent dwelling units that include any one permitted homestay per independent dwelling unit or 2 shared accommodation premises



5-12 independent dwelling units, or up to 8 independent dwelling units that include any one permitted homestay or up to 8 shared accommodation premises


5 or more independent dwelling units forming part of a retirement village provided that the right of way, accessway or legal access lot is for the exclusive use of that retirement village.


14F.3.8 Outdoor Living Area and Sunlight – Wairakei Residential Zone a) Each independent dwelling unit shall be provided with private outdoor living area continuous with the

dwelling unit which: i) if at ground level, have a minimum area of 20m2 and minimum dimensions of 3m x 4m; or ii) if located above ground level be a balcony of at least 6m2 having a minimum dimension of 1.5

metres;

b) Any nominated private outdoor living area should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines;

c) Any area of private outdoor living area should be located on the North, North East or North West aspect of the site;

d) Such private outdoor living areas shall be accessible from the main living areas;

e) Be unenclosed except for cover by a roof, shade sail or other cover to provide sun protection and/or eaves (including guttering);

14F.3.9 Building Platforms – Wairakei Residential Zone

All new buildings shall have a minimum building platform level (relative to Moturiki Datum) of:

a) 4.8m RL for allotments that are proposed for non-habitable residential buildings within Development Areas 1A, 1B and 1C, as shown on Diagram 11, Section 5 (Plan maps, Plan B);

b) 5.1m RL for allotments proposed for habitable buildings (including attached garages) within Development Areas 1A, 1B and 1C, as shown on Diagram 11, Section 5 (Plan maps, Plan B);

c) 4.8m RL for all new allotments that are proposed within Development Area 1D, as shown on Diagram 11, Section 5 (Plan maps, Plan B);


14F.3.10 Homestays – Wairakei Residential Zone a) Sites shall have minimum nett site area of 600m2;

i) The homestay shall be associated with and ancillary to an independent dwelling unit on the site, provided that that independent dwelling unit has no ancillary secondary independent dwelling unit, or is not itself a secondary independent dwelling unit;

ii) When added together, the maximum gross floor area of all habitable rooms associated with homestay on the site shall not exceed 65m2.

Note: Any activity that does not comply with Permitted Activity Rule 14F.3.10 – Homestays – Wairakei Residential Zone shall be considered a Non-Complying Activity.

14F.3.11 Home-based Business – Wairakei Residential Zone



i) The activity shall be carried out either within a dwelling, an accessory building, or in an outdoor activity area clearly designed and constructed for the purpose of the business or businesses, or a combination of these areas. The maximum total gross area used for the home-based business or combination of home-based businesses, including retail sales space, shall be 50m²;

ii) The activity, including any aspect of the activity undertaken in an outdoor activity area, shall not encroach on the setback or streetscape requirements of the site as defined in the Plan;

iii) Retail sales from a home-based business or businesses shall be limited to those goods and materials produced by the home-based business or used in the direct operation and management of that business or those businesses on the site. Retail sales shall take place from within a building or structure on the same site and the area occupied for retail sales shall be a constituent part of the gross area of the activity.

Note: Any activity that does not comply with Permitted Activity Rule 14F.3.11 - Home-based Business – Wairakei Residential Zone shall be considered a Non-Complying Activity.

14F.3.12 Retirement Village – Wairakei Residential Zone a) Buildings within a retirement village shall comply with the permitted activity conditions for the

Wairakei Residential Zone in: i) Rule 14F.3.1 – Residential Development Density – Wairakei Residential Zone; ii) Rule 14F.3.2 – Building Height – Wairakei Residential Zone; iii) Rule 14F.3.3 – Streetscape – Wairakei Residential Zone; iv) Rule 14F.3.4 – Setbacks – Wairakei Residential Zone; v) Rule 14F.3.5 – Setbacks – Traffic Management – Safety – Wairakei Residential Zone; vi) Rule 14F.3.6 – Overshadowing – Wairakei Residential Zone; vii) Rule 14F.3.7 Access – Wairakei Residential Zone; viii) Rule 14F.3.8 – Outdoor Living Area and Sunlight – Wairakei Residential Zone; ix) Rule 14F.3.9 – Building Platforms – Wairakei Residential Zone; and x) Rule 14F.3.16 – Specific Urban Growth Area Requirements.

b) Rule 14F.3.3 – Setbacks – Wairakei Residential Zone, Rule 14F.3.5 – Setbacks – Traffic Management – Safety – Wairakei Residential Zone and Rule 14F.3.6 – Overshadowing – Wairakei Residential Zone shall only apply at the boundaries of the retirement village site and shall not apply between buildings on the retirement village site.


14F.3.13 Secondary Independent Dwelling Units – Wairakei Residential Zone

a) The minimum site size required to accommodate both a principal independent dwelling unit and for the erection of a secondary independent dwelling unit is 500m2 nett site area;

b) Development on the site is restricted to one principal independent dwelling unit and its secondary independent dwelling unit and their accessory buildings;

c) A secondary independent dwelling unit shall be either: i) Encompassed within the bulk of the principal independent dwelling unit, or ii) Encompassed as a second floor to a garage servicing the principal independent dwelling unit;

d) A secondary independent dwelling unit must be capable of functioning as a separate household unit and be physically partitioned from the principal independent dwelling unit or garage by fire separation;

e) A secondary independent dwelling unit shall be limited to a maximum of 2 bedrooms (or 2 rooms other than the main living area capable of being used as bedrooms) in addition to other rooms within the unit (living, kitchen, laundry, bathroom and storage rooms);

f) The building containing both units or both buildings where the secondary independent dwelling unit is encompassed as a second floor to a garage servicing the principal independent dwelling unit shall be subject to Rule 14F.3.2 - Building Height – Wairakei Residential Zone, Rule 14F.3.3 – Streetscape – Wairakei Residential Zone, Rule 14F.3.4 - Setbacks – Wairakei Residential Zone, Rule 14F.3.5 - Setbacks – Traffic Management – Safety – Wairakei Residential Zone, Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone;

g) Within the Wairakei Residential Zone the principal independent dwelling unit shall be provided with an outdoor living area in accordance with Rule 14F.3.8 - Outdoor Living Area and Sunlight – Wairakei Residential Zone;

h) Within the Wairakei Residential Zone the secondary independent dwelling unit shall be provided with an outdoor living area which shall be: i) Each independent dwelling unit should have a private outdoor living space continuous with the

dwelling unit which should, if at ground level, have a minimum dimension of 5 metres in any one direction or, if located above ground floor, shall be a balcony of at least 6m2 having a minimum dimension of 1.5m;

ii) Any nominated private outdoor living space should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines;

iii) Any nominated private outdoor living areas shall be accessible from the main living area of the dwelling;

iv) Any area of private outdoor living area should be located on the North, North East or North east aspect of the site;

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14F.3.13 a), b), c), d) and/or e) - Secondary Independent Dwelling Units – Wairakei Residential Zone shall be considered a Discretionary Activity.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rules 14F.3.13 f) or g) - Secondary Independent Dwelling Units – Wairakei Residential Zone will result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.

Note: Any Secondary Independent Dwelling Unit that does not comply with Permitted Activity Rule 14F.3.13 h) - Secondary Independent Dwelling Units – Wairakei Residential Zone will result in the activity being considered as a Restricted Discretionary Activity.


14F.3.14 Heavy Machinery – Wairakei Residential Zone

No heavy machinery shall be parked, stored or displayed on a site. This excludes one private motor home vehicle per site, regardless of whether that vehicle falls within the definition of heavy machinery, providing the motor home vehicle is parked in compliance with Rule 14F.3.4 - Setbacks – Wairakei Residential Zone and Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone. Heavy Machinery may visit and use a site to pick up or deliver goods or materials, or during construction.

Note: Any activity that does not comply with Permitted Activity Rule 14F.3.14 - Heavy Machinery shall be considered a Non-Complying Activity.

14F.3.15 Showhomes – Wairakei Residential Zone a) A showhome;

i) Shall meet all the permitted activity requirements for an independent dwelling unit in the zone; and

ii) May have no more than one staff member on site to facilitate the display and promotion of the showhome.

14F.3.16 Specific Urban Growth Area Requirements

Activities within the Wairakei Urban Growth Area shall ensure compliance with the following:

a) Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas;

b) Rule 12B3.1.8 – Infrastructure;

c) Rule 12B.3.1.12 – Specific Urban Growth Area Requirements – Wairakei Urban Growth Area;

d) Rule 12B.3.1.13 – Specific Urban Growth Area Requirements – Stormwater Management within the Wairakei Urban Growth Area

Note: Any activity that does not comply with Rule 14F.3.16 d) – Specific Urban Growth Area Requirements – Stormwater Management within the Wairakei Urban Growth Area shall be considered a Non-Complying Activity.

14F.3.17 Rules in Other Sections of the Plan

Activities within the Wairakei Residential Zones shall also comply with the following sections of the Plan:







g) The provisions of any Plan Area. Plan Change 25 – No Legal Effect


14F.4 Controlled Activity Rules

Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term shall be considered a Restricted Discretionary Activity, unless stated otherwise.

The following are Controlled Activities:

a) All those activities listed in Table 14F.1 Wairakei Residential Zone Activity Status as Controlled Activities.

14F.4.1 Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Wairakei Residential Zone


a) Except where an office ancillary to a showhome seeks to establish in a lawfully established independent dwelling unit; an office ancillary to a showhome in the Wairakei Residential Zone shall comply with the following permitted activity rules:

i) Rule 14F.3.2 – Building Height - Wairakei Residential Zone;

ii) Rule 14F.3.3 - Streetscape – Wairakei Residential Zone;

iii) Rule 14F.3.4 - Setbacks – Wairakei Residential Zone;

iv) Rule 14F.3.5 - Setbacks – Traffic Management – Safety – Wairakei Residential Zone;

v) Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone;

vi) Rule 14F.3.7 - Access– Wairakei Residential Zone;

vii) Rule 14F.3.9 – Building Platforms – Wairakei Residential Zone;

viii) Rule 14F.3.14 - Heavy Machinery – Wairakei Residential Zone;

ix) Rule14F.3.16 – Specific Urban Growth Area Requirements; and

x) The relevant rules in Chapter 4 - General Rules Provisions.






g) Notwithstanding Rule 14F.4.1 f) - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Wairakei Residential Zone an office ancillary to a showhome shall not have any vehicle access onto and or from the strategic road network (excluding secondary arterials);

h) Signage for an office ancillary to a showhome shall be as follows:

i) 1 freestanding sign, including structures used to support it or that in themselves act as a freestanding sign, of a maximum of 1m2 in sign area and a maximum height of 4m; and

ii) 1 sign attached to a building of a maximum of 2m2 in sign area and a maximum height of 4m; iii) Any illuminated sign or sign with moving parts shall comply with Rule 4D.2.3.2 c) and d) –

Residential Zones (excluding Ngati Kahu Sub Zones), Rural Residential Zones and Rural Zones);

iv) Any permanent sign shall relate only to the promotion of the product of the showhome operator.


Note: Any activity that does not comply with Rule 14F.4.1 - Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Wairakei Residential Zone shall be considered as a Discretionary Activity.

Note: For the avoidance of doubt, new offices not ancillary to a showhome or not falling within the definition of Home-based business are a Non-Complying Activity in accordance with Rule 14F.7 – Non-Complying Activities.

14F.4.2 Controlled Activity – Office Ancillary to a Showhome within the Wairakei Residential Zone - Matters of Control and Conditions


a) Landscaping to maintain residential amenity values on adjoining or adjacent sites including mitigating the adverse visual impact of parking areas;

b) Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites;

c) The location and design of signs in terms of maintaining the residential amenity and character values of the site and the amenity and character values of surrounding residential activities;

d) The design of parking, access and manoeuvring to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent transport network.



14F.5 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities:

a) Any Permitted Activity in the Wairakei Residential Zone that does not comply with a maximum of two of the following Permitted Activity conditions: i) Rule 14F.3.3 - Streetscape – Wairakei Residential Zone; ii) Rule 14F.3.4 - a) - Setbacks – Wairakei Residential Zone; iii) Rule 14F.3.5 - Setbacks – Traffic Management – Safety – Wairakei Residential Zone; iv) Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone; v) Rule 14F.3.7 - Access – Wairakei Residential Zone; vi) Rule 14F.3.8 - Outdoor Living Area and Sunlight – Wairakei Residential Zone; vii) Rule 14F.3.9 – Building Platforms – Wairakei Residential Zone; viii) Rule 14F.3.15 – Showhomes – Wairakei Residential Zone; ix) Rule 14F.3.16 b) or c) – Specific Urban Growth Area Requirements.

b) Activities that do not comply with Rule 14F.3.16 a) – Specific Urban Growth Area Requirements where the average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Area, except where the minimum average nett yield is less than 12 dwellings per hectare.Any activity identified as a Restricted Discretionary Activity in Table 14F.1 - Wairakei Residential Zone Activity Status.

14F.5.1 Restricted Discretionary Activities – Matters of Discretion and Conditions

14F.5.1.1 Streetscape

In considering activities that do not comply with Rule 14F.3.3 - Streetscape – Wairakei Residential Zone the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the maintenance of a consistent setback and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from public private interface and from adjoining properties;


c) Address adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public private interface.

14F.5.1.2 Setbacks

In considering activities that do not comply with Rule 14F.3.4 a) i), a) iii), a) iv), - Setbacks – Wairakei Residential Zone the Council restricts the exercise of its discretion to:


b) Lead to the visual dominance of buildings as viewed by adjoining and adjacent properties;

c) Be addressed through design measures, including minimisation of the length of encroachment into setback or landscaping.

14F.5.1.3 Setbacks – Traffic Management – Safety

In considering activities that do not comply with Rule 14F.3.5 - Setbacks – Traffic Management – Safety – Wairakei Residential Zone the Council restricts the exercise of its discretion to the matters in Policy 4F.1.3.1 On-site Parking Requirements.


14F.5.1.4 Overshadowing

In considering activities that do not comply with Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone the Council restricts the exercise of its discretion to the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential properties.

14F.5.1.5 Access

In considering activities that do not comply with Rule 14F.3.7 – Access – Wairakei Residential Zone the Council restricts the exercise of its discretion to the extent to which vehicular traffic generated by any activity can be accommodated without compromising the functionality of the access and the road on to which the access links (taking into account its place in the hierarchy, traffic volumes, safety and efficient pedestrian movement) or without loss of residential character and amenity.

14F.5.1.6 Outdoor Living Area and Sunlight

In considering activities that do not comply with Rule 14F.3.8 - Outdoor Living Area and Sunlight – Wairakei Residential Zone, and/or Rule 14F.3.13 h) – Secondary Independent Dwelling Units – Wairakei Residential Zone, the Council restricts the exercise of its discretion to:

a) The extent to which the proposal would impact on the opportunity for occupants to enjoy a reasonable outlook and useful outdoor space on-site;

b) Design measures, including, but not restricted, to the provision of alternative on-site provisions of outdoor living area or leisure facilities to meet the needs of residents over the lifetime of the building.

14F.5.1.7 Building Platforms

In considering activities that do not comply with Rule 14F.3.9 – Building Platforms – Wairakei Residential Zone, the Council restricts the exercise of its discretion to:

a) The location, design and suitability of building platforms for their intended use.

14F.5.1.8 Showhomes

In considering showhomes that do not comply with Rule 14F.3.15 – Showhomes – Wairakei Residential Zone, the Council restricts the exercise of its discretion to:

a) The matters set out above in Rule 14F.5.1.1 – Streetscape through Rule 14F.5.1.6 – Outdoor Living Area and Sunlight where applicable;

b) Location of access and egress and parking areas in terms of visual and aural privacy of adjoining or adjacent residential sites; and

c) The design of parking, access and manoeuvring to allow for the safe and efficient movement of pedestrians and vehicles within the site and the adjacent road network.

14F.5.1.9 Specific Urban Growth Area Requirements

a) In considering activities that do not comply with Rule 14F.3.16 b) and c) – Specific Urban Growth Area Requirements the Council restricts the exercise of its discretion to:

i) The extent to which the degree of non-compliance will compromise the ability to deliver the intent of the relevant Urban Growth Plan (Plan Maps, part B, Section 6); and

ii) Any alternative solutions proposed that are consistent with the intent of the Urban Growth Plan; and

iii) The potential adverse effects of the non-compliance on adjoining land, the transport network and the ability to deliver infrastructure in a coordinated and financially sustainable manner.


b) In considering activities that do not comply with Rule 14F.3.16 a) - Specific Urban Growth Area Requirements an engineering assessment of infrastructure capacity in relation to the anticipated water and traffic demands generated by the proposed activity is required where Council restricts the exercise of its discretion to:

i) The traffic carrying capacity (including environmental capacity) of Papamoa Beach Road to accommodate the anticipated demand of the permanent land use; and

ii) The water supply capacity to accommodate the anticipated demand of the permanent land use.

14F.5.2 Non Notification of Comprehensively Design Development in the Wairakei Residential Zone Medium Rise Plan Area

Any application for a resource consent made under Rule 14F.5.3 – Standards and Terms – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area shall not be notified or served on affected persons.

14F.5.3 Restricted Discretionary Activities – Standards and Terms – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area

14F.5.3.1 Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area

a) For the purpose of this rule, comprehensively designed development means: The development of sites for residential purposes in the Wairakei Residential Zone Medium Rise Plan Area having a yield of greater than 15 dwelling per hectare of net developable land;

b) In all circumstances where a comprehensively designed development is undertaken subdivision consent for the proposed development shall not be granted until a land use consent is granted by Council for the development in accordance with the following standards and terms;

c) An Outline Development Plan and written environmental assessment including a design report written by an independent person suitably qualified and/or experienced in the field of urban design, building design or landscape design, shall be submitted as part of the comprehensive development consent.

d) Any Outline Development Plan shall be in accordance with the standards and terms of Rule 14F.5.3 - Restricted Discretionary Activities – Standard and Terms - Wairakei Residential Zone and the Outline Development Plan shall be developed generally in accordance with the example included in Appendix 14K: Outline Development Plan, Example, to address the following matters: i) Building envelope; ii) Parking; iii) Outdoor living area and sunlight; iv) Permitted setbacks; v) Vehicle access; vi) Landscape planting.

14F.5.3.2 Development Yield and Staging

a) The minimum average nett yield per hectare in the Wairakei Residential Zone (as a Restricted Discretionary Activity) shall be in accordance with the yield in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas as it relates to Controlled Activities.

b) For the avoidance of doubt, a development shall remain a Restricted Discretionary Activity under this rule where the minimum average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas, except that the minimum average nett yield shall not be less than 12 dwellings per hectare.


c) If Rule 14F.5.3.2 b) - Development Yield and Staging applies, an assessment shall be provided with any application for resource consent which addresses: i) How the topographical, geotechnical and land form constraints of the subject site have

affected the ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 - Development Intensity and Scale in Urban Growth Areas; and/ or

ii) How lower yields may be able to achieve better urban design outcomes; and/ or iii) How any shortfall in the minimum average nett yield may adversely affect the provision of

services and infrastructure within the Wairakei Urban Growth Area; and/ or iv) How any shortfall in the achievement of yield can be made up by higher yield development

within the Wairakei Neighbourhood Centre Zone.

Note: Any Activity that does not comply with Rule 14F.5.3.2 b) – Development Yield and Staging shall be considered a Non-Complying Activity.

14F.5.3.3 Traffic and Water Supply Capacity for Development Areas 1A and 1B a) No permanent land use activity shall occur within Development Areas 1A and 1B, as shown on

Diagram 11, Section 5, (Plan maps, Part B), unless: i) The activity can achieve road access within the Wairakei Urban Growth Area via formed and

vested connections to Te Okuroa Drive; and ii) The activity can be connected to the trunk watermain located within Te Okuroa Drive.

b) If Rule 14F.5.2.3 a) – Traffic and Water Supply Capacity for Development Areas 1A and 1B applies, an engineering assessment of infrastructure capacity in relation to the anticipated water and traffic demands generated by the proposed activity shall be provided with any application for resource consent.

Note: Te Okuroa Drive must be fully constructed up to the formed and vested connections providing road access to the land use in accordance with the requirements of Council’s Infrastructure Development Code.

14F.5.3.4 Building Height

The maximum height of any building on a site shall be 17.5m.

14F.5.3.5 Building Platforms

All new buildings shall provide an assessment to demonstrate that the minimum building platform level is 500mm above the flood level for a 1 in a 100 year (1% AEP) 48 hour rainfall event and shall be at a minimum 5.1m RL (relative to Moturiki Datum).

14F.5.3.6 Road Standards

a) Roads shall be designed and constructed in accordance with the Council’s Infrastructure Development Code for that type of road;

b) Any land use adjoining the Boulevard or Te Okuroa Drive shall have that section of the road adjoining the development site constructed to its full width;

14F.5.3.7 Reserves

a) The amount of reserve and open space land within the Wairakei Urban Growth Area shall meet the Council’s Open Space Level of Service Policy (June 2010) requirements, and be identified as part of the comprehensive development consent process;

b) The final location, size and form of neighbourhood reserves must comply with the Council’s Best Practice Guide for Neighborhood Reserves (2002).


14F.5.3.8 Outdoor Living Area and Sunlight

a) Each independent dwelling unit shall be provided with private outdoor living area continuous with the dwelling unit which: i) if at ground level, have a minimum area of 20m2 and minimum dimensions of 3m x 4m; or ii) if located above ground level be a balcony of at least 6m2 having a minimum dimension of 1.5

metres;

b) Any nominated private outdoor living space should be unobstructed by buildings, parking spaces or vehicle access and manoeuvring areas and future boundary lines;

c) Any nominated private outdoor living areas shall be accessible from the main living area of the dwelling;

d) Any area of private outdoor living area should be located on the North, North East or North West aspect of the site;

e) Any communal living area provided shall be in addition to, not in substitution of the required private outdoor living area for each dwelling.

14F.5.3.9 Streetscape

All garages and carports within sites located in the Wairakei Residential Zone Medium Rise Plan Area should be located behind the line of the primary building frontage on that site.

14F.5.3.10 Minimum Dwelling Size

The minimum gross floorspace of any independent dwelling unit (excluding any accessory building) should be 45m2 for a studio unit, 55m2 for 1bedroom unit, and 80m2 for independent dwelling units with 2 or more bedrooms.

Note: Any activity that does not comply with Rules 14F.5.3.3 – Traffic and Water Supply Capacity for Development Areas 1A and 1B, 14F.5.3.5 – Building Platform, 14F.5.3.6 – Road Standards, 14F.5.3.7 – Reserves, 14F.5.3.8 – Outdoor Living Space, 14F.5.3.9 - Streetscape and Sunlight and 14F.5.3.10 – Minimum Dwelling Size inclusive shall still be considered as a Restricted Discretionary Activity under Rule 14F.5 b) – Restricted Discretionary Activity Rules.

Note: Any activity that does not comply with Rule 14F.5.3.4 – Building Height shall be considered a Discretionary Activity.



14F.5.4 Restricted Discretionary Activity – Matter of Discretion and Conditions – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area


14F.5.4.1 General Matters

a) An assessment of a comprehensively designed development outline development plan and design report to be submitted with the application which demonstrates how the proposal meets the standards and terms under Rule 14F.5.3 - Restricted Discretionary Activities – Standard and Terms – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area;

b) Imposition of conditions related to compliance with an approved comprehensively designed development plan, compliance with relevant standards and terms under Rule 14F.5.3 - Restricted Discretionary Activities – Standard and Terms – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area, and outcomes from consideration of the matters of discretion under Rule 14F.5.4 - Restricted Discretionary Activities – Matters of Discretion and Conditions – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area, and associated easements and/or covenants and consent notices required to implement an approved plan.

14F.5.4.2 Objectives and Policies

a) Where relevant whether the proposal meets the following: i) 14F.1.4 Objective – Comprehensively Designed Development in the Wairakei Residential

Zone Medium Rise Plan Area and 14F.1.4.1 Policy – Comprehensively Designed Development in the Wairakei Residential Zone Medium Rise Plan Area.

14F.5.4.3 Character and Amenity

a) The extent to which the proposed development will contribute to establishing and maintaining a urban residential neighbourhood environment at Wairakei;







h) The extent to which the proposed development provides the opportunity for occupants to enjoy a reasonable outlook and useful, well oriented and accessible communal outdoor space on-site in considering development that does not comply with Rule 14F.5.3.8 – Outdoor Living Area and Sunlight.


14F.5.4.4 Development Yield and Infrastructure

a) The matters in Rule 14F.5.3.2 - Development Yield and Staging and Policy 12A.1.1.3 - Target Yield Shortfalls in Urban Growth Areas;


c) The extent to which the roads are designed to meet the standards and cross sections in the Council’s Infrastructure Development Code;

d) Where applicable the construction of the Boulevard to full width when adjoining development is undertaken;



g) The extent to which the proposal meets the Council’s Open Space Level of Service Policy (June 2010) and local reserves and open spaces are designed in accordance with Council’s Best Practice Guide for Neighbourhood Reserves (2002).

14F.5.4.5 Traffic and Water Supply Capacity for Development Areas 1A and 1B

In considering activities that do not comply with Rule 14F.5.3.3 – Traffic and Water Supply Capacity for Development Areas 1A and 1B the Council restricts the exercise of its discretion to:

a) The traffic carrying capacity (including environmental capacity) of Papamoa Beach Road to accommodate the anticipated demand of the permanent land use; and

b) The water supply capacity to accommodate the anticipated demand of the permanent land use.

14F.5.5 Restricted Discretionary Activities – Standards and Terms – School, Community Facility, Tertiary Premises

A school, community facility or tertiary premise identified as a Restricted Discretionary Activity within the Activity Status Table 14F.1 is subject to the following standards and terms:

a) A school, community facility or tertiary premise shall comply with the following permitted activity rules: i) Rule 14F.3.2 – Building Height – Wairakei Residential Zone; ii) Rule 14F.3.3 – Streetscape – Wairakei Residential Zone; iii) Rule 14F.3.4 – Setbacks – Wairakei Residential Zone; iv) Rule 14F.3.5 – Setbacks – Traffic Management – Safety – Wairakei Residential Zone; v) Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone; vi) Rule 14F.3.9 - Building Platform; vii) Rule 14F.3.16 c) – Specific Urban Growth Area Requirements – Wairakei Urban Growth Area; viii) Rule 14F.3.16 d) – Specific Urban Growth Area Requirements – Stormwater Management

within the Wairakei Urban Growth Area.

b) An Integrated Transport Assessment relevant to the scale of the proposal shall be submitted with an application for resource consent in accordance with Appendix 4K – Integrated Transport Assessment Information Requirements.

c) An assessment of the effects of noise and light emissions from activities within the site shall be submitted with an application for resource consent;

d) A landscape concept plan for the site shall be submitted with an application for resource consent;


e) School, community facility or tertiary premise shall also comply with the following sections of the Plan: i) The provisions of Chapter 4 – General Rules Provisions; ii) The provisions of Chapter 7 – Heritage; iii) The provisions of Chapter 8 – Natural Hazards; iv) The provisions of Chapter 9 – Hazardous Substances and Contaminated Land; v) The provisions of Chapter 11 – Financial Contributions; vi) The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G –

Infrastructure and Services; vii) The provisions of any Plan Area.

14F.5.6 Restricted Discretionary Activities – Matters of Discretion – School, Community Facility, Tertiary Premises

The Council restricts its discretion to:

a) The safe and efficient function and operation of the transport network;

b) The matters of discretion under Rule 4B.4.2 – Restricted Discretionary Activity – Matters of Discretion and Conditions;

c) The use (in terms of traffic volumes entering and exiting the site) and location of the proposed site access;

d) The effects on the transport network and measures to avoid, remedy or mitigate these, and any recommendations resulting from an Integrated Transport Assessment;

e) The matters addressed in 4B.1.2 Objective – maintaining a Sustainable Transport Network, and in 4B.1.2.1 Policy – Use of Land through 4B.1.2.5 Policy – Access Location and Points of Service.

f) The effects of noise in terms of the matters of discretion under Rule 4E.3.1– Restricted Discretionary Activity – Matters of Discretion and Conditions;

g) The effects of lighting in terms of the matters of discretion under Rule 4G.3.1– Restricted Discretionary Activity – Matters of Discretion and Conditions;

h) The matters addressed in 6A.1.9 Objective – Urban Landscape Character and in 6A.1.9.1 Policy - Maintenance and Enhancement of Landscape Character in Urban Areas.

14F.5.7 Restricted Discretionary Activities – Standards and Terms – Yield Shortfalls in the Wairakei Urban Growth Area

For activities in the Wairakei Urban Growth Area which are a Restricted Discretionary Activity under Rule 14F.5 b) – Restricted Discretionary Activity Rules, an assessment shall be provided with an application for resource consent which addresses:

a) How the topographical, geotechnical and land form constraints of the subject site have affected the ability to achieve the minimum average nett yield required in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas; and/or

b) How lower yields may be able to achieve high-quality urban design in the future development.

c) How higher yields will be able to achieve high-quality urban design.

d) How any shortfall in the minimum average nett yield may adversely affect the provision and funding of infrastructure within an urban growth area;

Note: Any activity that does not comply with Rules 14F.5.5 b), c) or d) shall result in the activity being considered a Discretionary Activity.

Note: Activities that do not comply with Rules 14F.5.5 a) or 14F.5.5 e) shall result in the activity being considered in accordance with the applicable corresponding provisions of the Plan.

Note: Activities that do not comply with Rule 14F.3.15 d) shall result in the activity being considered a Non-Complying Activity.


e) How any shortfall can be made up by higher yield development in the other areas within the the Wairakei Neighbourhood Zone.

f) Submission of a master plan for any balance allotments or stages showing indicative development and the balance of the stage and subsequent stages showing the likely total yield achieved.

14F.5.8 Restricted Discretionary Activities – Matters of Discretion and Conditions Yield Shortfalls in the Wairakei Urban Growth Area

In considering an activity described as a Restricted Discretionary Activity in Rule 14F.5 b) – Restricted Discretionary Activity Rules, the Council restricts the exercise of its discretion to:

a) The matters required to be assessed through Rule 14F.5.7 - Yield Shortfall in the Wairakei Urban Growth Area and Policy 12A.1.1.3 – Target Yield Shortfall in Urban Growth Areas.


14F.6 Discretionary Activity Rules The following are Discretionary Activities:

a) Any Permitted Activity in the Wairakei Residential Zone that does not comply with three or more of the following: i) Rule 14F.3.3 - Streetscape – Wairakei Residential Zone; ii) Rule 14F.3.4 - a) Setbacks – Wairakei Residential Zone; iii) Rule 14F.3.5 - Setbacks – Traffic Management - Safety – Wairakei Residential Zone; iv) Rule 14F.3.6 - Overshadowing – Wairakei Residential Zone; v) Rule 14F.3.7 - Access – Wairakei Residential Zone; vi) Rule 14F.3.8 - Outdoor Living Area and Sunlight – Wairakei Residential Zone; vii) Rule 14F.3.13 – h) Secondary Independent Dwelling Unit – Wairakei Residential Zone;

b) Activities in the Wairakei Residential Zone not complying with: i) Rule 14F.3.1 - Residential Development Density – Wairakei Residential Zone; ii) Rule 14F.3.2 - Building Height – Wairakei Residential Zone; iii) Rule 14F.3.13 – a), b), c), d) and/or e) Secondary Independent Dwelling Unit – Wairakei

Residential Zone;

c) Activities in the Comprehensively Design Development in the Wairakei Residential Zone Medium Rise Plan Area not complying with Rule 14F.5.3.4 – Building Height;

d) Any office ancillary to a showhome in the Wairakei Residential Zone that does not comply with Rule 14F.4.1 – Controlled Activity Standards and Terms – Office Ancillary to a Showhome within the Wairakei Residential Zone;

e) Any Activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity;

14F.6.1 Assessment of Discretionary Activities

In considering a Discretionary Activity, the Council’s discretion is unrestricted. The Council will consider any relevant matter with particular regard to the relevant Objectives and Policies of the Plan. Plan Change 25 – No Legal Effect


14F.7 Non-Complying Activities The following are Non-Complying Activities:

a) Any homestay that does not comply with Rule 14F.3.10 – Homestays – Wairakei Residential Zone;

b) Any home-based business that does not comply with Rule 14F.3.11 - Home-based Business – Wairakei Residential Zone;

c) Any Permitted Activity that does not comply with Rule 14F.3.14 - Heavy Machinery – Wairakei Residential Zone;

d) Any Activity listed as Non-Complying in Table 14F.1: Wairakei Residential Zone Activity Status; e) Activities where the minimum average nett yield is less than 12 dwellings per hectare or where the

shortfall to the minimum average nett yield in Rule 12B.3.1.2 – Development Intensity and Scale in Urban Growth Areas is exceeded by more than 0.5 dwellings per hectare;

f) Any activity that does not comply with Rule 14F.3.16 d) – Specific Urban Growth Area Requirements – Stormwater Management within the Wairakei Urban Growth Area.

14 Residential Zones 12 March 2016 Appendices Page 1 of 23

Appendices

Appendix 14A: Reduced Levels of Maximum Height Plane Relative to Boundaries, Mount Maunganui High Rise Plan Area


Appendix 14B: Bulk and Location Controls for High Rise Plan Area Sites, Maunganui Road


Appendix 14C: Overshadowing


Appendix 14D: City Living Zone Building Heights


Appendix 14E: City Living Zone Setbacks


Appendix 14F: City Living Zone Sunlight Admission to Independent Dwelling Units


Appendix 14G: City Living Zone Visual Outlook


Appendix 14H: Outline Development Plan, Tauranga Hospital


Appendix 14I: Outline Development Plan, The Elms


Appendix 14J: Outline Development Plan, Grace Hospital, Cheyne Road - Sheet 1






Appendix 14K: Outline Development Plan, Example


Appendix 14L: Outline Development Plan – Te Paeroa Road, Bethlehem Scheduled Site


Appendix 14M: Outline Development Plan – Papamoa Medium Rise Plan Area - Sheet 1






Appendix 14N: Outline Development Plan – Central Bethlehem Scheduled Site Sheet 1


Appendix 14N: Outline Development Plan – Central Bethlehem Scheduled Site Sheet 2

Area Requirements

Landscape Planted Area (1) (Northern Boundary)

Landscape Planted Area (1):

Shall be designed to achieve a minimum of 30% tree canopy cover, at maturity;

Shall be planted in clusters of 5-7 tree specimens;

Tree Specimens shall be a minimum grade of PB95;

Open areas, void of specimen tree planting, shall be no more than 30m apart;

Shall remain in private ownership.

Landscape Planted Area (2 & 3) (Southern & Western Boundaries)

Landscape Planted Area (2 & 3):

Shall be designed to achieve a minimum of 50% tree canopy cover, at maturity;

Shall be planted in clusters of 5-7 tree specimens;

Tree Specimens shall be a minimum grade of PB95;

Open Areas, void of specimen tree planting, shall be no more than 30m apart;

Shall remain in private ownership.

Landscape Planted Area (4) (Intersection of Internal Road Corridor and 20m Wide Open Corridor)

Landscape Planted Area (4):

Shall be an open space grassed reserve and comply with Appendix 12E: Performance Standard, Reserves.

20m Wide Open Corridor 20m Wide Open Corridor:

Shall be designed to comply with Appendix 12B: Performance Standard, Stormwater.

Internal Road Corridor and Internal Local Roads

Specimen tree planting shall be provided along the Internal Road Corridor and all local roads in accordance with Appendix 12A: Performance Standard, Transportation.

Existing Wetland

Note: Ecological values of the Existing Wetland are low. Note: Effects on existing native fish species shall be managed by providing alternative equivalent habitats through the proposed stormwater treatment area.


Appendix 14O: General Location of Emergency Overland Flowpaths - Wairakei


Appendix 14O: General Location of Emergency Overland Flowpaths – Wairakei


8 October 2016


Appendix 14O: Setbacks for the Wairakei Residential Zone - Sheet 1


8 October 2016


Appendix 14O: Setbacks for the Wairakei Residential Zone - Sheet 2


8 October 2016


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