19 Residential Activity Zone Rules -...

Tauranga District Plan (Amended as at 03/05/2010) Part B - Management Rules

Chapter 19: Residential Activity Zone Rules Page 1 of 64

19 Residential Activity Zone Rules19.1 Permitted ActivitiesAny one or more of the following activities, andthe erection of buildings or structuresassociated with any one or more of thefollowing activities are permitted activitieswhere they occur in the zone indicated by a ‘ ’

in the table below and do not contravene anypermitted activity conditions as detailed in Rule19.2 or in the case of temporary activities, Rule11.3.3.1.

ACTIVITY

ZONE IN WHICH THE ACTIVITY IS PERMITTED

Future Urban Zone

Res A and H Zones

Urban Marae

Comm’ty Zone

Large-Lot Res.

Rural Res. Zone

Accessory buildings and activities

Any activity listed as a permitted activity in Rule 19.2.6.2

Building demolition, site earthworks or vegetation clearance incidental to the development of land for a permitted activity, or an approved subdivision consent, provided this activity is subject to the provisions of Rule 19.2.2

Buildings closer to site boundaries than permitted by rules and provided they comply in all respects with the conditions specified in the plan

Burial grounds (urupa)

Home-based businesses

Marae-based activities including meeting houses (wharenui), dining halls and associated buildings (wharekai, whareumu, pataka), health centres (whare hauora), day care centres, preschools, primary schools and secondary schools, education facilities and offices (tari)

Transportation activities and other network utilities (see Chapter 24 Transportation Activity and Other Network Utility Rules)

One independent dwelling unit per site

Permitted activities on a heritage site (see Chapter 16 Heritage Rules)

Permitted activities on a site in a Natural Hazard Policy Area (see Chapter 17 Natural Hazard Policy Area Rules)

Primary production activities excluding forestry, factory-farming and aerial spraying of crops

Produce stalls

Reserves

Residential Activities

Showhomes complying with the permitted activity conditions in Rule 19.2 for an Independent Dwelling Unit

Part B - Management Rules (Amended as at 03/05/2010) Tauranga District Plan

Page 2 of 64 Chapter 19: Residential Activity Zone Rules

19.2 Permitted Activity Conditions

19.2.1 Amenity Conditions

19.2.1.1 Development Intensity and Scale

(a) Residential Activities

(i) The maximum developmentintensity for ResidentialActivities (except sharedaccommodation) on a site shallbe:

(ii) Pyes Pa West Urban GrowthArea

With respect to the developmentof residential activities in the

Pyes Pa West Urban GrowthArea (SP13) development shallproceed in accordance with thestaged development plan shownin Part C, Section 7, Diagram 7.The combined minimumaverage yield for residentialactivities in the Residential AZone and in the Residential AMedium Rise Policy Area in thePyes Pa West Urban GrowthArea shall be 15 independentdwelling units per hectare of NetDevelopable Area.

This will be measured as anaverage over the current andany preceding developmentstages shown on Part C,Section 7, Diagram 7 and shallbe met for the current and anypreceding development stagesprior to final subdivision consent(by way of a certificate pursuantto Section 224, RMA), or landuse consent, being granted forany area within a subsequentstage. Development ofresidential activities (whether byland use or subdivision (underRule 19.3.1.2 (f)) of asubsequent stage may proceedto a consent process when 80%of the preceding stage has beenreached.

ACTIVITY


Future Urban Zone

Res A and H Zones

Urban Marae

Comm’ty Zone

Rural-Residential Zone

Signs

Temporary activities (see Rule 11.3.3.1)

Subdivisions which are either the:n Conversion of land tenure from one form of title to another where the

development of the site is complete

n Amendments to cross-lease, unit title and company lease plans to showadditions, alterations and accessory buildings

On-site vehicle parking (including within buildings) accessory to any other permitted activity on that site and associated manoeuvring, loading and access (see Chapter 24 Transportation Activity and Other Network Utility Rules)

Visitor accommodation

Residential A Zone (other than a site in the Pyes Pa West Urban Growth Area) & Urban Marae Community Zone:

1 independent dwelling unit per 325m² of site area

Residential H Zone: 1 independent dwelling unit per 100m² of site area

Rural-Residential Zone, Large-Lot Residential Zone, and Future Urban Zone:

1 independent dwelling unit per site

Note: Residential Activities in a building over 9m in heighton a specified high-rise site in the Residential H Zoneshall be considered under Rule 19.3.3.



The following table provides aguide to achieving total yieldrequirements at each stage ofdevelopment: refer to Table 19-1: Indicative Tables of PotentialYield and Trigger Levels

Table 19-1: Indicative Tables of Potential Yield and Trigger Levels

(b) Home-Based Business

The maximum development intensityfor a home-based business orcombination of home-based businessactivities on a single site shall be:

(i) Every home-based business orcombination of home-basedbusiness activities on a singlesite may employ not more thantwo other persons (Full TimeEquivalent (FTE)) additional tothe members of the householdwho permanently reside on thesite and who own and operatethe business from that site

(ii) The activity shall be carried outeither within a dwelling, anaccessory building, or in anoutdoor activity area clearlydesigned and constructed forthe purpose of the business orbusinesses, or a combination ofthese areas. The maximum totalgross area used for the home-based business or combinationof home-based businesses,including retail sales space,shall be 50m². The activity,including any aspect of theactivity undertaken in anoutdoor activity area, shall notencroach on the yards of thesite as defined in the plan.

(iii) Retail sales from a home-basedbusiness or home-basedbusinesses shall be limited tothose goods and materialsproduced by the home-basedbusiness/businesses or utilisedin but secondary to, the directoperation and management ofthat home-based business orthose home-based businesseson the site. Retail sales shalltake place from within a buildingor structure on the same siteand the area occupied for retailsales shall be a constituent partof the gross area of the activity.

(c) Produce Stalls

Produce stalls shall have a maximumgross floor area (GFA) per site of50m².

(d) Visitor Accommodation and SharedAccommodation

The maximum development intensityfor visitor accommodation and sharedaccommodation on a site shall be:

Development Stage Residential A Zone (ha)

Residential A Zone - Medium Rise Policy Area (ha)

Total Developable Area (ha)

Total dwellings at 15 dw/ha

Trigger level for development of subsequent stages (dwellings)

Stage 1 15.1 9.5 24.6 369 295

Stage 2 33.8 9.7 43.5 653 522

Stage 3 62.9 62.9 944

Total 112 19.2 131.1 1966

Note: The above table shows the yield targets based on known constraints at the time of adoption. It is recognised that uponcompletion of geotechnical investigations as part of the subdivision resource consent process the yield required to be achievedis assessed in accordance with the definition of net developable area.



(e) Heavy Machinery

No heavy vehicles, plant, machineryor bulk materials shall be parked,stored or displayed on a site. Heavyvehicles may visit and use a site for

the purpose of picking up or deliveryof goods or materials.

(f) Compatibility with Future UrbanDevelopment

Any building in a Future Urban Zoneshall be located in a position whichdoes not compromise the integrity ofthe roading or services layout shownon the relevant Urban Growth AreaStructure Plan (Section 8, Part C).

19.2.1.2 Building Height

(a) The maximum height of any buildingon a site, other than a Medium-RisePolicy Area site in the Residential AZone, shall be 9m

(b) The maximum height of any buildingon a site in the Medium-Rise PolicyArea in the Residential A Zone shallbe 12m

(c) The maximum building height of anybuilding to be located on ResidentialA zone land within 20m of thesouthern boundary of the NgatiHangarau Rural Marae CommunityZone (in north-east Bethlehem) shallbe 4.5m

(d) Tauranga Airport HeightRestriction:

Notwithstanding any maximumpermitted height specified in the plan,any object, building or structure whichpenetrates any of the approachslopes, takeoff slopes, horizontal ortransitional surfaces, and surroundingsloping planes shown in Diagram 2,Section 7, Part C or described in Rule15.3.6 shall be a LimitedDiscretionary Activity under Rule15.3.6 of the plan.

19.2.1.3 Traffic Management, Safety and Convenience

(a) On-site vehicle parking,manoeuvring, loading and access

Future UrbanRural-ResidentialandResidential A Zones

(i) Sites shall be aminimum of600m² and

(ii) The visitoraccommodationactivity shall beassociated withand ancillary toan independentdwelling unit onthe site and

(iii) When addedtogether, themaximum grossfloor area (GFA) ofall habitable roomsassociated withvisitoraccommodationand sharedaccommodationon the site shallnot exceed 65m²

and

(iv) Sharedaccommodationshall be limited toa maximum of 8permanentresidents per site.

Urban MaraeCommunity Zone andResidential H(other than high-rise buildings in the High-Rise Policy Area)

(i) 1 self-containedvisitoraccommodationunit per 100m² ofsite area

(ii) Where visitoraccommodation isnot self-containedthe maximumgross floor area(GFA) of habitablerooms shall be65m² per 100m²

of site area.

(iii) Sharedaccommodationshall be limited toa maximum of 8permanentresidents.

High-Rise Buildings in the High-Rise Policy Area

See Rule 19.3.3.1

Note: Heavy Machinery is defined in Chapter 10 Definitionsand includes heavy vehicles weighing in excess of 3.5tonnes.

Note: A building over 9m in height on a specified high-risesite in the Residential H Zone shall be consideredunder Rule 19.3.3.



(i) Every activity shall provide on-site parking, manoeuvring,loading and access inaccordance with the provisionsof Chapter 24 TransportationActivity and Other NetworkUtility Rules. For activitiesrequired to provide more than25 on-site vehicle parkingspaces calculated inaccordance with Chapter 24Transportation Activity andOther Network Utility Rules referto Rule 19.4.

(ii) Notwithstanding Rule 19.2.1.3(a) (i), any lawfully establishedactivity undergoing alterationsand extensions such that thetotal cumulative increase in on-site vehicle parking spaces thattakes the total number ofparking spaces lawfullyprovided on site beyond 25,calculated in accordance withChapter 24 TransportationActivity and Other NetworkUtility Rules or any numberspecified by a previouslygranted resource consent forthe site, does not exceed -

whichever is the greater

n 5 car park spaces, or

n 10% of the total car parkingspaces lawfully provided, toa maximum of 15 additionalspaces

shall be deemed to be permittedin relation to the provision of on-site vehicle parking spacessubject to the number, formationand layout of parking, access,loading and manoeuvring on thesite being in accordance withthe provisions of this DistrictPlan. This rule may be appliedto a single occurrence or seriesof occurrences in relation to anysite or activity, provided that thetotal increase in carparkingspaces as a result of applicationof this rule shall not exceed thegreater of 5 car parking spaces

or 10% of the total carparkingspaces lawfully provided, to amaximum of 15 additionalspaces.

(b) All garages or carports designed withdirect vehicle access to a road shallbe set back at least 4.5m from theroad boundary

(c) visitor accommodation and sharedaccommodation premises shall havetheir principal traffic access on to andfrom strategic arterial, district arterialor collector roads, as shown inDiagram 1, Section 7, Part C

(d) The maximum number of independentdwelling units, visitor accommodationor shared accommodation premisesthat can be served by private rights-of-way, private accessway or legalaccess lot shall be:

(e) All buildings on a site adjoining aroad frontage identified on thePlanning Maps (Part C) as Future

Note: A Traffic Impact Study shall be required for a limiteddiscretionary activity required to provide more than 25on-site vehicle parking spaces (See Rule 12.2.2 forinformation requirements).

(i) Up to and including 2 independent dwelling units only

2.7m minimum legal widtha

a. Legal width means the width of the vehicle access asdefined by legal survey plan, memorandum oreasement.

(ii) 3 - 4 independent dwelling units, or up to 2 independent dwelling units that include any one permitted ancillary visitor accommodation facility per independent dwelling unit or up to 2 shared accommodation premises.

3m minimum

legal widtha

(iii) 5 - 12 independent dwelling units, or up to 8 independent dwelling units that include any permitted ancillary visitor accommodation facility or up to 8 shared accommodation premises.

6m minimum

legal widtha provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries

Note: See Rule 13.1.1 for the permitted intrusion into the2.7m minimum legal width only.



Road Widening shall have therequired setback measured from thepotential road line boundary.

(f) Every home-based business, orcombination of home-basedbusinesses on a single site, andassociated dwelling shall in totalgenerate not more than 20 trafficmovements to and from the site perday (measured over a five-day(Monday to Friday) average),including receipt and delivery ofmaterial and finished product, and thearrival and departure of employee(s),principals of the business and otherpersons living on the site andcustomers purchasing goods.

19.2.1.4 Streetscene

(a) All buildings (including thosebuildings that may be defined assigns in accordance with Rule19.2.1.9) on a site with a frontage to alegal road shall be set back from theroad boundary of the site as follows:

(b) The provision of on-site parking shallnot be located within the requiredStreetscene setback

(c) visitor accommodation or sharedaccommodation shall providefrontage landscaping comprising amix of trees, shrubs and groundcovercontiguous to, and to a width of atleast 2m measured from, the roadfrontage.

19.2.1.5 Space about Buildings

(a) All buildings shall be set back fromside and rear boundaries so as toprovide on a site in the ResidentialZone, Future Urban Zone, UrbanMarae Community Zone and Rural-Residential Zone:

(i) Side yards of at least 1.5mminimum dimension and a rearyard of at least 1.5 m minimumdimension

(ii) Where an existing building hasbeen lawfully established before

15 November 2003 ("theexisting building"), in a mannerwhich would now infringe Rule19.2.1.5(a)(i) , any new buildingproposed for an adjoining siteand sharing a common siteboundary with the existingbuilding may infringesubparagraph (a)(i) but only tothe extent that the existingbuilding so infringes on thecommon site boundary. Wherethere are existing buildings onmore than one common siteboundary this exemption canonly be applied to one of theaffected common siteboundaries. (See Appendix19F: Circumstances in whichRule 19.2.1.5(a)(i) can beInfringed as a PermittedActivity)

(iii) Where a site adjoins aConservation Zone, a yard of atleast 5m minimum dimension.

(iv) Where a site adjoins theWestern or Northern boundaryof the Bethlehem CommercialBusiness Zone (north side ofState Highway 2) a yard of atleast 5m minimum dimension.

19.2.1.6 Overshadowing

All buildings shall be within a building envelopeof 2.7m height above ground level and aspecified angle into the site.

For the purpose of this rule the angle into thesite shall be obtained from Appendix 19D:Overshadowing Rule - Angles and theinstructions contained there.

19.2.1.7 Variation Criteria

A building may be erected closer to a siteboundary than permitted by Rule 19.2.1.5(a)(i)and/or penetrate the building envelope requiredby Rule 19.2.1.6 where:

Residential Zone, Future Urban Zone, Urban Marae Community Zone:

3m

Rural-Residential Zone: 10m

Note: Natural resource conditions may also apply (see Rule19.2.2). For the purposes of this rule a common wallis not considered to be a site boundary

Note: See also Rule 13.1.1 Permitted Setback Intrusions

Note: A building over 9m in height on a specified high-risesite in the Residential H Zone, shall be consideredunder Rule 19.3.3.

Note: See also Rule 13.1.2 Permitted OvershadowingEnvelope Protrusions.



(a) No more than a maximum of twoyards required by Rule 19.2.1.5(a)(i)are proposed to be varied

(b) The written consent of those propertyowners and occupiers whoseproperties adjoin the proposed non-compliance has been obtained beforethe issue of a building consent

(c) That written consent is clearlyendorsed on all relevant buildingconsent plans

(d) "Adjoining" for the purpose of this ruleshall mean:

(i) All those properties directlyadjoining the site boundary atwhich the building setbackrequired by Rule 19.2.1.5(a)(i)or the overshadowing enveloperequired by Rule 19.2.1.6 isencroached upon, includingvehicle or pedestrian accessways, private ways, accesslegs, rights-of-way, or accesslots, excluding public roads, and

(ii) All those properties that wouldadjoin the site boundary at whichthe overshadowing enveloperequired by Rule 19.2 .1 .6 isencroached upon, despite beingseparated from the subject site byvehicle or pedestr ian accessways, private ways, access legs,r ights-of-way, or access lots,excluding public roads, i f thebuilding would encroach beyondthe overshadowing enveloperequired by Rule 19.2.1.6 whenapplied at the boundary of thatadjoining property.

19.2.1.8 Visual Amenity - Residential Outlook

visitor accommodation or sharedaccommodation shall provide a 1.8m-highscreen wall or fence of permanent materialsalong any site boundary other than a roadboundary.

19.2.1.9 Visual Amenity - Signs

(a) The maximum height and area of anysign shall be:

(i) Free-standing sign includingstructures used to support free-standing signs or that in

themselves act as a free-standing sign:

(ii) Signs serving a residentialactivity and attached to abuilding:

(iii) Signs serving a non-residentialactivity and attached to abuilding:

(b) Relationship of sign to activity:

(i) Any permitted permanent signshall relate only to the permittedactivities located on the site

(ii) Any permitted temporary signmay relate to activities locatedboth on the site and activitieslocated off the site.

(c) Any illuminated sign shall bedesigned and operated in accordancewith Rule 19.2.1.12.

19.2.1.10 Traffic Safety and Convenience - Signs

No sign that is animated by means of movingparts or illuminated by means of flashing,blinking or moving lights or lasers shall belocated within 15m of an official traffic sign ortraffic-control device.

19.2.1.11 Noise and Disturbance

(a) Every activity, other than a residentialactivity or an activity related to theoperation of Tauranga Airport (on itsdesignated site), shall be conductedto ensure noise from the site shall notexceed the following limits at anypoint within the boundary of any other

Maximum number 1 per site

Maximum height 4m

Maximum sign area 1m²

Location anywhere within the site (when a sign is not a building).

Maximum sign area per site: 0.5m²

Maximum sign area: 2.5m²

Note: Signs on State Highway road reserves are covered byTransit New Zealand’s legal powers on that land.



site in any zone other than a businesszone:

(b) Sound levels shall be measured inaccordance with NZS 6801:1991Measurement of Sound and assessedin accordance with NZS 6801:1999Acoustics - Measurement ofEnvironmental Sound, or anysuperseding codes of practice and/orstandards.

(c) Construction noise from sites shallmeet the limits recommended in, andshall be measured in accordancewith, NZS6803:1999 AcousticsConstruction Noise or anysuperseding codes of practice orstandards.

(d) West Bethlehem

Every residential activity within 20metres of the Western or Northernboundary of the BethlehemCommercial Business Zone (northside of the State Highway 2) shall bedesigned, sited and constructed toensure noise from non-residentialactivity that comply with the limits inRule 20.6.4.3 (a) will not exceed 30dBAL10 in all habitable rooms withwindows and doors open, unless anadequate, alternative ventilationmeans is available to serve thehabitable room. In the absence offorced ventilation or air-conditioning,these reductions shall be achievedwith any exterior windows open. Forthe purposes of this rule "HabitableRoom" means any permanent livingor sleeping area within the residentialactivity. Utility rooms such askitchens, bathrooms and storageareas are not habitable rooms underthis rule.

For the purpose of this rule, noisereceived shall be measured at theexternal boundaries of any habitableroom in common occupancy thatforms part of a residential activity.

(e) An acoustic design report preparedby a suitably qualified and experienceengineer, shall be required,demonstrating Compliance with Rule

19.2.1.11 (d) and taking into accountthe range of activities and theirpotential noise levels under normaloperating conditions, that may belocated in the adjoining BethlehemCommercial Business Zone (north ofState Highway 2) under Rule 20.6.

19.2.1.12 Exterior Lighting and Glare

(a) Every activity shall be conducted toensure artificial light spill from a siteshall not exceed the followingluminance levels, at any point withinthe boundary of any other site in anyzone other than a business zone:

(b) Luminance levels in Rule19.2.1.12(a) shall be measuredvertically or horizontally anywherealong the affected site boundary inaccordance with professionalillumination engineering practice orany relevant New Zealand Standard

(c) No illuminated or reflective sign shallproduce more than 1000 candelasper square metre for illuminatedareas less than 10m² and 800candelas per square metre forilluminated areas equal to, or greaterthan, 10m²

(d) Luminance levels in Rule 19.2.1.12(c)shall be measured in accordance withThe Institution of Lighting Engineers(United Kingdom) Technical ReportNo. 5 (Second Edition) Brightness ofIlluminated Advertisements (1991) orany relevant New Zealand Standard.

19.2.1.13 Dust

All areas on a site used for vehicle parking,access, manoeuvring and loading or outdooractivities associated with any activity (otherthan a single dwelling) shall be formed andprovided with an all-weather surface before theactivity starts.

0700 to 2200 hours: 45 dBA L10

2200 to 0700 hours: 35 dBA L10 and 55 dBA Lmax

Note: For Port noise see Rule 13.2.1.

0700 to 2200 hours: 25 lux

2200 to 0700 hours: 10 lux



19.2.2 Natural Resource Conditions

19.2.2.1 Natural Character: Coastal Environment and Natural Waterways

Within:

(a) 15m inland of mean high watersprings or 10m of the banks of anyperennially flowing stream inResidential or Urban MaraeCommunity Zones

(b) 30m inland of mean high watersprings or 20m of the banks of anyperennially flowing stream in Rural-Residential or Future Urban Zones

(c) 10m of the special building setbackline applying along the harbourheadland and escarpments ofBethlehem north (see Planning MapB6, Section 1, Part C).

No activity shall result in:

(d) The erection of any building orstructure

(e) The clearance of more than 20m² ofindigenous vegetation in any 12-month period

(f) The removal, deposition ordisturbance of more than 20m³ ofearth in any 12-month period

(g) The removal of any native tree.

Notwithstanding any other rule in the plan, anypermitted activity that does not meet theseconditions shall be a non-complying activity.

19.2.3 Heritage Conditions

All development on a site identified in Appendix16A: Heritage Register or Appendix 16B:Register of Notable and Landscape Trees shallbe in accordance with the provisions of Chapter16 Heritage Rules.

19.2.4 Hazard Conditions

19.2.4.1 Hazardous Substances

No activity shall exceed a hazardoussubstances threshold of 0.05 (see Chapter 18Hazardous Substances Rules).

19.2.4.2 Natural Hazards

(a) Activities shall meet the provisions ofChapter 17 Natural Hazard PolicyArea Rules, where these apply to theactivity site.

(b) The construction and/or developmentof all permitted activities onproperties within or partly within theCoastal Hazard Erosion Policy Area(CHEPA) shall ensure themaintenance of an alternativebuilding site (as defined in Rule17.1(b)) suitable to enable therelocation of any existing dwellinglocated within the CHEPA where sucha site is currently available.

19.2.5 Physical Resource Conditions

19.2.5.1 Impacts on Natural Resources

Every activity site in the Residential A and H,Urban Marae Community, Future Urban, andRural-Residential Zone shall be provided withservices in accordance with Rule 15.1.

19.2.5.2 Contributions to Services

Activities shall pay a contribution towards theprovision of services in accordance withChapter 26 Financial Contribution Rules.

19.2.6 Special Conditions

19.2.6.1 Permitted Subdivision 1 2

(a) All allotments created by way of apermitted subdivision involving theconversion of land tenure from oneform of title to another where thedevelopment of the site is completeshall be provided with separateservices; OR

Where allotments created by way of apermitted subdivision are served byexisting services provided to Councilstandards and those services areshared between allotments, thesubdivision shall include the grant orreservation of easements to protectthose services.

Note: See Rule 19.6.

1 Permitted subdivisions shall proceed only upon theissue of a Certificate of Compliance under Section 139of the Resource Management Act 1991.

2 Permitted subdivisions must comply with the

provisions in Chapters 13, 14, 15, 16, 17 and 18where relevant to the circumstances of the subdivision.



The provision of services shall be inaccordance with the requirements ofcouncil’s code of practice forDevelopment and the District Plan asit may apply to those allotments.

(b) Where separate services areprovided over land or buildingsincorporated into a separate title orallotment, the subdivision shallinclude the grant or reservation ofeasements to protect those services.

19.2.6.2 Identified Sites: Special Permitted Activity Conditions

(a) Bureta Park Motor Inn, Bureta Road

(i) Identified site: Lots 1 to 22 DPS15628

(ii) Permitted activities: Visitoraccommodation, licensed bars,restaurants, reception,entertainment and conferencefacilities; wholesale-retail liquorshop; accessory buildings andactivities, including a fleamarketand on-site vehicle parking

(iii) Special permitted activityconditions:

n Maximum site coverage:25%

n Maximum building height:11m

n A 12m-wide landscapestrip shall be provided andmaintained around theperimeter of the site,measured from the siteboundary. No buildings,vehicle parking,manoeuvring oraccessways, other than theexisting vehicleaccessways to Bureta Roadand Vale Street, shall bepermitted within thislandscape strip

n Vehicle access points shallbe limited to one combinedentry/exit from Vale Streetand one entry and one exitpoint from Bureta Road

n Additional buildingdevelopment on the

identified site shall providea right-hand vehicle turningbay to serve the Vale Streetaccess in accordance withtraffic engineering designstandards

(iv) All other permitted activityconditions in the ResidentialZone shall apply to developmenton the identified site. Incircumstances where these mayconflict with the specialpermitted activity conditions inRule 19.2.6.2(a), the latter ruleshall apply.

(b) Hotel Armitage, Brown Street

(i) Identified site: Lot 1 DPS 47299,Lots 1 & 2 DPS 7112 andallotment 337 and Partallotment 338, Section 1 Townof Tauranga

(ii) Permitted activities: Visitoraccommodation, licensed bars,restaurants, reception,entertainment and conferencefacilities; accessory buildingsand accessory activities,including on-site vehicle parking


n Maximum building height:11m

n Minimum frontage setback:4.5m

n Frontage landscapingcomprising a mix of trees,shrubs and groundcovershall be providedcontiguous to, and to awidth of at least 4.5m,measured from, the roadboundary, exclusive ofpermitted vehicleaccessways

(iv) All other permitted activityconditions in the ResidentialZone shall apply to developmenton the identified site. Incircumstances where these mayconflict with the specialpermitted activity conditions inRule 19.2.6.2(b), the latter ruleshall apply.



(c) Tauranga Public Hospital, Cameron Road

(i) Identified site: Pt Lot 1 DP31036, Lot 1 DP 31407, Pt DP16397, Pt Allots 30, 31, 32, 60,67, 96 and allotment 141Suburb of Tauranga

(ii) Permitted activities: Hospitalfacilities, community health carecentres, medical research,residential and staffaccommodation, carparking,workshops, accessory buildingsand accessory activities


n Maximum building height:

n Minimum frontage setback:

n On all road frontageslandscaping comprising amix of trees, shrubs andgroundcover shall beprovided contiguous to, andto a width of at least 2mmeasured from, the roadboundary, exclusive ofpermitted vehicleaccessways

n Vehicle access points on toCameron Road shall bepermitted and locatedwhere specified onAppendix 19C: TaurangaHospital Site Layout

n The existing vehicle accesspoint at the 17th Avenue/Cameron Road intersectionshall be relocated aminimum of 20m backalong the 17th Avenuefrontage of the site, asmeasured from the

intersection of CameronRoad at such a time as themain entry on CameronRoad opposite 18th Avenueis closed

(iv) All other permitted activityconditions in the ResidentialZone shall apply to developmenton the identified site. Incircumstances where these mayconflict with the specialpermitted activity conditions inRule 19.2.6.2(c), the latter ruleshall apply.

19.2.6.3 Education Facilities, Health Centres and Offices in the Urban Marae Community Zone

(a) Day care centres, preschools,primary schools, secondary schoolsand education facilities shall bedesigned to ensure the maximumoccupancy of children or students atany one caregiving or educationalsession, exclusive of staff, is 25.

(b) Health centres and offices shall bedesigned to ensure the maximumoccupancy of fulltime equivalent staffon the site is four.

(c) Every day care centre, preschool,primary school, secondary school andeducation facility, health centre oroffice premises shall have theirprincipal traffic access on to and fromor within 20m of a strategic arterial,district arterial or collector road, asshown in Diagram 1, Section 7, PartC.

(d) Every day care centre, preschool,primary school, secondary school andeducation facility, health centre andoffice shall provide a 1.8m highscreen wall or fence of permanentmaterials along any zone boundaryother than a road boundary.

19.3 Controlled ActivitiesAny one or more of the following are controlledactivities where they do not contravene anycontrolled activity standards or terms:

(a) Subdivisions which are boundaryadjustments and relocations ofexisting titles

Height Area A: 27m

Height Area B: 9m

Note: Height Areas are shown on Appendix 19C: TaurangaHospital Site Layout.

Cameron Road frontage:

10m

Other road frontages: 3m



(b) Subdivisions for sewered residentialallotments where wastewaterservices are to be connected to aCouncil operated and maintainedwastewater reticulation, treatmentand disposal system of sufficientcapacity to service the proposedsubdivision.

(c) Subdivisions to create allotments inthe Rural-Residential Zone

(d) Subdivisions to accommodate otheractivities, excluding those in theFuture Urban Zone (see Rule 19.6)

(e) Activities listed as controlled activitiesin Chapter 16 Heritage Rules

(f) Residential activity or visitoraccommodation in a building over 9min height and under the height limitline on a specified high-rise site in theResidential H Zone

(g) Relocated dwellings in theResidential A, H, Rural-Residential,Urban (Marae) Community andFuture Urban Zones.

(h) Comprehensive Development ofallotments in the Residential AMedium-Rise Policy Area in the PyesPa West Urban Growth Area. For thepurpose of this rule, "comprehensivedevelopment" means: Thedevelopment of sites greater than3,000 m2 in area in the Pyes Pa WestResidential A Zone Medium-RisePolicy Area as an integrated sitedevelopment. For the avoidance ofdoubt, in all circumstances where acomprehensive development isundertaken subdivision consent forthe proposed development shall notbe granted until a land use consent isgranted by Council for thedevelopment in accordance with theStandards and Terms specified inRule 19.3.7.1.

(i) For the purpose of this rule"comprehensive development" meansdevelopment of sites greater than3000m2 in the Residential A zone atPyes Pa West where the density ofdevelopment is greater thanpermitted by rule 19.2.1.1 (a) (i) (i.e.density is greater than 1 dwelling per325m2). This form of development isassessed under the same rules as if itwere an application for

comprehensive development in aPyes Pa West Medium Rise PolicyArea.

For the avoidance of doubt, in allcircumstances where acomprehensive development isundertaken subdivision consent forthe proposed development shall notbe granted until a land use consent isgranted by Council for thedevelopment in accordance with theStandards and Terms specified inRule 19.3.7.1.

(j) For the purpose of this rule"comprehensive development" meansdevelopment of sites less than3000m2 in the Residential A zone atPyes Pa West where the density ofdevelopment is greater thanpermitted by rule 19.2.1.1 (a) (i) (i.e.density is greater than 1 dwelling per325m2).

Such development shall beundertaken as part of a subdivisionconsent in accordance withStandards and Terms specified inRule 19.3.7.2.

19.3.1 Controlled Subdivision Standards and Terms

19.3.1.1 Boundary Adjustments and Relocations of Existing Titles

The minimum area requirements will not applyto a subdivision for the adjustment or relocationof boundaries provided no additional allotmentsare created and the subdivision complies withat least one of the following criteria:

(a) The adjustment or relocation ofboundaries will leave an allotment(s)with the same or similar areas

(b) The adjustment or relocation ofboundaries will not lead to, norincrease the degree of, non-conformity of any existing lot(s) withthe subdivision provisions for thezone

19.3.1.2 Sewered Residential Allotments in the Residential A and H Zones and Urban Marae Community Zones

(a) Minimum allotment size: 325m² sitearea. Minimum allotment frontage:3m, provided that the minimum



frontage shall be 2.7m for asubdivision designed to meet therequirements of Rule 19.2.1.3(d)(i).Special subdivision rules for northeast Bethlehem (see Rule19.3.1.2(e))

(b) Subdivision of allotments shall bedesigned to demonstrate that it shallbe practicable to construct on allproposed allotments, as a permittedactivity, a dwelling that does notcontravene any permitted activitycondition or any controlled activitystandards and terms for a building inthe Residential H Zone - High-RisePolicy Area

(c) A design assessment shall besubmitted with each application todemonstrate compliance with Rule19.3.1.2(a) and (b)

(d) Special Landscaping Provision North-EastBethlehem:

Any subdivision of land in theResidential A Zone adjoining thesouthern boundary of the NgatiHangarau Rural Marae CommunityZone shall provide landscapingcomprising a mix of trees, shrubs andground cover, contiguous to, and to awidth of at least 2m measured from,this zone boundary. Suchlandscaping shall be established andmaintained at the developer’s orlandowner’s expense and shall be acondition of the consent. A two- yearlandscaping maintenance programmeshall be determined from the date onwhich the Section 224 Certificate isobtained under the ResourceManagement Act 1991

(i) Such landscaping shall includeshrub and tree species selectedto mature to a minimum heightof 3m and shall be maintained toensure such a height standardthereafter at the landowner’sexpense. No close boardedfence or boundary wall of solidconstruction shall be includedwithin this landscape strip oralong the zone boundary.

(e) Special Subdivision Rule for SeweredResidential A Allotments in North EastBethlehem

Any subdivision of Residential Azoned land north of State Highway 2and east of Bethlehem Road shallmeet the following:

(f) Special Subdivision Rule for SeweredResidential A Allotments in the Pyes PaWest Urban Growth Area

(i) Any subdivision of Residential Azoned land in the Pyes Pa WestUrban Growth Area, notidentified as Medium-RisePolicy Area, shall meet thefollowing, subject to theadditional assessment criteriaincluded in 19.3.2.1(s):

The average yield shall be takenover the whole of the NetDevelopable Area, as defined inChapter 10, zoned ResidentialA, not including the ResidentialA Medium-Rise Policy Areasubject to the staging criteriadescribed in 19.3.1.2(f)(ii)below. (See also Rule19.2.1.1(a)(ii).)

For any lots proposed to besmaller than 325m2 refer toRules in 19.3 ControlledActivities

(ii) Any subdivision of Residential Azoned land in the Pyes Pa WestUrban Growth Area identified as

Minimum allotment size: 325m² site area

Minimum allotment frontage:

3m

Average allotment size: 600m² site area

Minimum allotment size

325m2 site area

Minimum allotment frontage

3m

Average Yield Not less than 11 lots per hectare



Medium-Rise Policy Area, shallmeet the following:

The average yield shall be takenover the whole of NetDevelopable Area, as defined inChapter 10, zoned ResidentialA, Medium-Rise Policy Areasubject to the following stagingcriteria:

n With respect to thedevelopment of residentialactivities in the Pyes PaWest Urban Growth Area(SP13) development shallproceed in accordance withthe staged developmentplan shown in Part C,Section 7, Diagram 6. Theminimum average yield forresidential activities in theResidential A Zone and inthe Residential A MediumRise Policy Area in thePyes Pa West UrbanGrowth Area shall be 15independent dwelling unitequivalents per hectare ofNet Developable Area.

n This will be measured as anaverage over the currentand any precedingdevelopment stages shownon Diagram 6 and shall bemet for the current and anypreceding developmentstages prior to finalsubdivision consent (byway of a certificate pursuantto Section 224, RMA), orland use consent, beinggranted for any area withina subsequent stage.Development of residentialactivities (whether by landuse or subdivision (underRule 19.3.1.2 (f)) of asubsequent stage mayproceed to a consentprocess 80% of thepreceding stage has been

reached. Refer to Table19-1: Indicative Tables ofPotential Yield andTrigger Levels as a guide.

19.3.1.3 Allotments in the Rural-Residential Zone and the Pyes Pa West Urban Growth Area Large-Lot Residential Zone

(a) Any subdivision of land in the RuralResidential or Pyes Pa West LargeLot Residential zone shall meet thefollowing:

Minimum allotment size

No minimum

Minimum allotment frontage

3m

Average yield Not less than 20 lots per hectare



(b) A landscape assessment shall besubmitted with each application. Thelandscape assessment shall:

(i) Identify and describe thelandscape characteristics of thesite and any features of speciallandscape significance to thesurrounding environment

(ii) Recommend any conditionsnecessary to mitigate adverseeffects or provide positiveeffects on the landscapeincluding:

n Controls on the siting, bulkand location of buildings

n Location and design ofroading and associatedservices and earthworks

n Planting of vegetation and/or landscaping on publicand private lands

n Protection of features oflandscape significance orheritage

n Location and design offencing.

(iii) Have particular regard to thefollowing matters where theproposed subdivision lies withinthe specified zone location:

n Eastern Side ofCambridge Road

Landscape provisionsshould aim to ensure thevisual impact of Rural-Residential development,particularly dwellings,when viewed from the

eastern banks of theKopurererua Stream isminimised and the open-space character of thezone and KopurereruaValley is maintained.

n Western Side ofCambridge Road andMoffat Road

Landscape provisionsshould aim to ensure thevisual impact of Rural-Residential development,particularly dwellings, andearthworks associatedwith dwellings, vehicularaccess and stormwatercontrol devices whenviewed from the easternbank of the Wairoa Riverare mitigated and theopen-space character ofthe Wairoa Valley ismaintained.

Building platformsspecifying the bulk andlocation of a dwelling onan allotment should beidentified on a schemeplan of subdivision andsubsequently on thesurvey plan by way ofmemorandum. Thisapplies where theallotment is to be locatedin such a position that acomplying dwelling wouldbe visible from theeastern bank of theWairoa River.

The identification ofbuilding platforms shouldtake into account:

- Proximity of theallotment to theeastern bank of theWairoa River

- Site (allotment)elevation in relationto the eastern bankof the Wairoa River

- Existing vegetationand its ability toscreen or mitigate thevisual effects of the

Minimum allotment area: 3000m²

Minimum allotment size area for Large-Lot Residential Zone lots within the Pyes Pa West Urban Growth Area:

1000m2

Average allotment area for Rural - Residential zoned lots (not including Large Lot Residential Lots within the Pyes Pa West Urban Growth Area:

Not less than 4000m²

Minimum access width to a lot: 4m



building on the riverlandscape, shouldthat vegetation beretained

- The backdropagainst whichbuildings are seenwhen viewed fromthe eastern bank ofthe Wairoa River.

n Oropi Road

The area has historicalimportance to tangatawhenua. Identificationand protection ofarchaeological siteslocated within the zonemust be considered.

Building platformsspecifying the bulk andlocation of a dwelling onan allotment should beidentified on a schemeplan of subdivision andsubsequently on thesurvey plan by way ofmemorandum. Theseplatforms should ensurethat a dwelling would notbe adversely affected byflooding

Landscape provisionsshall be designed toensure;

at least 10 metre width ofeco-sourced, indigenousvegetation planting andthe provision of safe,visible pedestrian accessalong the esplanadereserve adjoiningWaiorohi Stream

predominately indigenousvegetation plantingaround the stormwaterponds and drains requiredto service the zone

the planting should bepredominantly set on theoutside of the esplanadestrip, in order to protectthe banks of the stream

pedestrian access waysand cycleway facilitiesthat facilitate physicallinks through the zoneand in particular provideaccess from Phillips Driveto Wood Road, andPhillips Drive to theWaiorohi Streamesplanade reserve. TheLegal Width design andalignment of theseaccessways / cyclewaysshould be at least 5metres wide and anyassociated boundaryfencing no greater than1.2 metres in height.

Pedestrian access pointsshould be available to thestream, but formed andmanaged in a manner thatavoids damage to thestream banks.

Fencing associated with acommon boundarybetween a privateallotment and a reserve,(including esplanade,stormwater andaccessway reserves),should be no greater than1.2 metres in height. Anysuch fencing should belimited to a rural style,being either a 'post-and-wire' or 'post-and-rail'design.

n Ohauiti Road, KaitemakoRoad and Waikite Road

Landscape provisionsshould aim to ensure thevisual quality of the ruralbackdrop beyond thezone when viewed fromthe urban areas of theDistrict is not undulycompromised. Buildingsites need to avoidlocating permittedbuildings on significantridgelines.

n Pyes Pa West UrbanGrowth Area



On-site landscaping shallmaintain and enhance thevisual quality of theescarpment and theopenness of the low landlake area when viewedfrom the surroundingarea.

One building site shall beidentified on theCertificate of Title foreach lot.

No building shall belocated within 20 m of theedge of the escarpmentas shown on an approvedsubdivision plan.

A r c h a e o l o g i c a l s i t e slocated within the zone.

19.3.1.4 Allotments to Accommodate other Activities

(a) Sites may be created toaccommodate:

(i) An existing or proposed activityfor which a resource consenthas been granted or where theuse is not a permitted activity inthe plan, but has beenotherwise lawfully established

(ii) A network utility which complieswith the relevant rules inChapter 24 TransportationActivity and Other NetworkUtility Rules.

(b) Allotments shall be designed toensure that the principal use and allancillary buildings and activities canbe accommodated and fully serviced,that the use can comply with theconditions of any land-use consent,and, in the case of a network utility, isof sufficient size to allow any requiredlandscaping or amenity works. Thereis no minimum site area requirementfor an allotment provided thesubdivision complies with the generalrequirements for subdivision in Rule11.3.7

(c) Balance Area: A complying allotmentin the zone in which the subdivision islocated.

19.3.1.5 Traffic Safety and Roading Matters (Pyes Pa East/ Pyes Pa West)

(a) Any new subdivision adjoining StateHighway 29 between Pyes Pa Roadand Oropi Road shall provide accessto each new allotment by new local orcollector roads, shall not be permittedvehicular access from the StateHighway, and shall provide for asegregation strip along the StateHighway frontage of 0.1m wide,vested in the Crown.

(b) Route K Extension

Any new subdivision adjoining theRoute K Extension between StateHighway 29 and Pyes Pa Road shallnot be permitted vehicular accessfrom the extension, and shall providea segregation strip along theextension frontage of 0.05m in widthvested in the roading authority.

(c) Kennedy Road Extension

No works to connect the existingformation of Kennedy Road with anynew roading in the Pyes Pa WestUrban Growth Area shall beundertaken until:

n Construction of the full length ofthe Route K extension (from SH29through to Pyes Pa Road) hasbeen completed and the road isoperational;

n Kennedy Road (including itsintersection with Pyes Pa Road)has been upgraded to collectorroad status in accordance with thecurrent Code of Pract ice forSubdivision and Development. Inthe event that the Kennedy Roadextension is requested to becompleted ahead of Council 'sapproved roading programme, thecost of the road upgrading workssha l l be borne fu l l y by thedeve lope r reques t ingconstruct ion of the extension.Thereafter, the developer will bereimbursed for the value of anySIF's collected in respect of otherland served by the worksconcerned (in accordance with theSIF schedule), as and when suchSIF's are collected.



19.3.1.6 Traffic Calming and Pedestrian and Cycle Links in Residential A and H and Urban Marae Community Zone Subdivisions

(a) New roads which are to function aslocal streets and culs-de-sac in theroading hierarchy shall be designedand constructed to achieve a low-speed traffic environmentincorporating the use of physicalspeed-control devices:

(i) Where physical speed humpsare to be used, they shallgenerally conform to the Wattsprofile

(ii) Where road narrowing or"throats" are to be used, theyshall reduce the carriagewaywidth to not less than 4m

(iii) Where chicanes are to be used,they shall be landscape planted,used in pairs and incorporatedinto the general roadingalignment.

(b) All speed-control devices shall haveauthorised signs at each approachand shall have a streetlight above thedevice. Landscape planting shall below-growing to a height less than0.8m measured above thecarriageway level. Intrusions intotraffic lanes shall be marked byapproved reflective devices

(c) Where a subdivision creates newroads the subdivision shall bedesigned and constructed to providepedestrian and cycle links by way ofcycle lanes and footpaths to connectto any existing or proposedpedestrian and cycle links that adjointhe land being subdivided or whichare shown in the Urban Growth AreaStructure Plan (Section 8, Part C)within which the land is situated, orwhich will provide physical access toa neighbourhood reserve from anynew allotment.

19.3.1.7 Connections to the Road Network

All subdivision on land identified as requiring aroad connection between existing roads (seeDiagram 1, Road Hierarchy, Section 7, Part C)shall form and construct that part of the roadconnection that lies within the area to be

subdivided. The required road shall generallyfollow the proposed road alignment shown onthe Road Hierarchy Diagram and shall beconstructed in accordance with applicablestandards identified in the council’s code ofpractice for Development.

19.3.1.8 Services

(a) Every allotment in the Residential A,H, Urban Marae Community andRural-Residential Zone shall beprovided with services in accordancewith Rule 15.1 and shall meet therelevant provisions of Rule 11.3.5

(b) All new allotments from SunriseAvenue eastwards, shall be designedto ensure all building platforms avoidinundation from a 1-in-50-year stormevent. This means a minimum 5mbuilding platform level (abovemoturiki datum) unless it can beotherwise demonstrated thatinundation from this storm event canbe avoided by other means.

19.3.1.9 Allotments Served by a Shared Access

Allotments that are to be served by a sharedlegal access (private rights-of-way, privateaccessway or legal access lot) shall bedesigned to take into account Rule 19.2.1.3(d)having regard to the number of dwellings ableto be served by the shared access under thatrule.

19.3.1.10 Compliance with Urban Growth Area Structure Plans: Residential A Zone

(a) Notwithstanding the subdivisionstandards and terms above, where asubdivision is located withinResidential A Zone in an UrbanGrowth Area, that subdivision shallprovide the level of services definedand shown on the relevant UrbanGrowth Area Structure Plan (Section8, Part C) that are related to servicingthat subdivision, or are part of thenetwork of services required toservice that Urban Growth Area andwhich have been planned and costedin the Urban Growth Area StructurePlan and scheduled in Appendix 26A:Services Project Schedules

(b) Minor amendment can be made to thedesign, layout and construction ofservices required by Rule



19.3.1.10(a), where the applicantprovides written evidence to theCouncil at the time of lodging theapplication for resource consent, thatpersons or bodies who may beadversely affected by proposedamendments have been consulted,and the reasons for the proposedamendments are clearly documented.In such cases, the application will beassessed under Rule 19.3.2.1, as anon-notified application

(c) Comprehensive development and/orsubdivision within the Pyes Pa WestUrban Growth Area Residential AZone (including the Medium RisePolicy Area) shall be in fullcompliance with the Pyes Pa WestUrban Growth Area Structure Plan(SP13), including the provision of:

(i) public neighbourhood (passive)reserves to the areas identifiedon SP13 and in accordance withTauranga City Council's BestPractice Guide forNeighbourhood Reserves.

(ii) roading, servicing and otherlinkages with adjoining land asidentified on SP13, regardlessof the current zoning of suchadjoining land.

19.3.1.11 Stormwater Management, Pyes Pa West Urban Growth Area

For all subdivisions in the Pyes Pa West UrbanGrowth Area, infrastructure for themanagement of the quantity and quality ofstormwater to be discharged from the site is tobe designed and constructed so that:

Stormwater discharge from each developmentin the Pyes Pa West Urban Growth AreaResidential A Zone including the Medium RisePolicy Area is managed on a comprehensivebasis in accordance with Appendix 19E and:

n The 50-year ARI flood peaks from eachdevelopment area are to be no greaterthan 50% of the pre-development peakrunoff rates (i.e., pastoral land use).

n The 2-year ARI flood peaks shall bereduced to 30% of the pre-developmentpeak runoff rates.

n Sediment and contaminants areremoved in accordance with industrystandard practice.

19.3.1.12 Special Subdivision Rules For West Bethlehem Urban Growth Area

(a) Any subdivision of land in theResidential A Zone west ofBethlehem Road and Moffat Roadshall meet the following specificstandards and terms;

(i) The requirements of Rules19.2.1.6, 19.2.1.7, 19.2.1.8,19.2.1.9 and 19.2.1.10 shallalso apply to subdivision in thewest Bethlehem Structure planarea.

(ii) Allotments

n Minimum Allotment Size:325 m2

n Minimum AllotmentFrontage: 3m,

n Minimum Gross AllotmentYield per Scheme Plan: 12allotments per hectare,

n Minimum Number ofAllotments for FirstResidential Subdivision inWest Bethlehem StructurePlan area (see SP12): 50allotments After not lessthan 50 allotments havereceived Section 224Certification under theResource Management Act1991, this rule shall nolonger apply to furthersubdivision in the StructurePlan area.

(iii) Traffic Safety for Vehicle Access- State Highway 2, WestBethlehem

Any new subdivision adjoining State Highway 2between Bethlehem Road and CarmichaelRoad shall provide access to each newallotment by new local or collector roads, shallnot be permitted vehicular access from theState Highway, and shall provide for asegregation strip along State Highway frontageof 0.1m wide, vested in the Crown.

Note: Reference should also be made to Chapter 26Financial Contribution Rules.



(iv) Reverse Sensitivity

For allotments where any part ofthe allotment is within 20 metresof the western and northernboundaries of the BethlehemCommercial Business Zone,subdivisions shall provide forthe following:

A building line restriction shownon the survey plan to excluderesidential dwellings andeducational facilities within 5metres from the BethlehemCommercial Business Zoneboundary north side of StateHighway 2;

A consent notice on certificatesof title to make people aware ofthe legitimate business activitiesand potential service lane noise/disturbance on the nearbyBethlehem Centre site; and

A consent notice on certificatesof title to advise potentialbuilding developers of theacoustic standards that willapply to the habitable rooms ofany residential dwelling within20 metres of the Western orNorthern boundary of theBethlehem commercialBusiness Zone, north side ofState Highway 2).

19.3.2 Controlled Subdivision - Matters of Control and Conditions

19.3.2.1 Assessment of Applications and Conditions

For all controlled subdivisions the matters overwhich Council reserves control are:

(a) The shape and orientation ofproposed allotments

(b) Landscaping within the subdivision

(c) Management or reservation ofriparian areas

(d) The provision of easements and theirlocation and type

(e) Geotechnical suitability of buildingplatforms before the erection of anystructures

(f) The design, alignment, layout andorientation of vehicle access toallotments, streets, cycleways,pedestrian footpaths and pedestrianaccessways between street blocks orto public reserve areas and/orpedestrian walkways to and throughthe subdivision area. Conditions maybe imposed to facilitate and/orsafeguard future access to adjoiningsites, residential and commercialareas, reserves and communityfacilities by local roads, cycleways,pedestrian footpaths and pedestrianaccessways

(g) The provision of services to, andwithin, the subdivision, including thequality of stormwater discharges

(h) The management of the constructionand site works, including theprovision of a site management planto avoid or mitigate the adverseeffects from noise, dust, water and siltrun-off, and the clearance anddisposal of vegetation and spoil

(i) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules

(j) Imposition of any conditions inaccordance with Sections 104, 108 or220 of the Resource Management Act1991 and Rule 11.4 of the plan

(k) District-wide rules contained withinthe plan (see Chapters 11 to 18)

(l) The design, layout and constructionof services infrastructure in relation toUrban Growth Area Structure Plans(see Section 8, Part C) having regardto the standards and terms in Rule19.3.1, and in particular, Rule19.3.1.10

(m) In addition, for Rural-Residentialsubdivisions:

(i) The bulk and location of adwelling (building platform) onan allotment by way ofmemorandum on the surveyplan to assist with the visualintegration of the building intothe local landscape

Note: Reference should also be made to the council’s codeof practice for Development.



(ii) Landscape planting to:

n Reduce the perceivedheight of the building

n Provide a planting backdropagainst which the building(dwelling) or earthworksassociated withconstruction of thebuilding (dwelling) platform,vehicle accessways and/orstormwater control deviceswill be seen

n Provide a visual screen ofall or parts of the building(dwelling) platform, vehicleaccessways and/orstormwater control deviceswhen viewed from beyondthe zone boundary.

(iii) The matters to which alandscape assessment is tohave regard as set out in Rule19.3.1.3 and appropriateconditions to avoid, remedy ormitigate visual effects identifiedin the assessment.

(n) The management of notable trees,areas of indigenous vegetation andwetlands, including management ofinvasive pests associated with theseresources.

(o) Applying a covenant or consentnotice to the certificate of title of thesubject lot to require the planting andmaintenance of the escarpments orthe wetland.

(p) The protection in perpetuity ofidentified archaeological sites.

(q) The suitability of both the site andproposed subdivision activity, toavoid, remedy or mitigate any floodhazard.

(r) The identification, management orprotection of archaeological sites andthe need for archaeological authorityunder the Historic Places Act 1993 todamage, modify or destroy anarchaeological site.

(s) Specific additional matters forsubdivision in the Pyes Pa WestUrban Growth Area

Ensuring high quality urban designoutcomes are being achieved byensuring that any subdivision is inaccordance with the following designassessment criteria:

(i) Assessment Criteria RegardingMovement and Open SpaceNetwork

n Subdivision design shouldachieve connectivity withinand betweenneighbourhoods.

n Street patterns shouldmaximise convenientaccess to principal andcollector roads, passengertransport stops, reserves,community facilities andThe Lakes neighbourhoodcentre.

n Street patterns should havea clear design rationale andcontribute to the legibility ofthe area.

n Subdivision design shouldhelp achieve aninterconnected public openspace network.

n Safe pedestrian and cycleroutes should be generallyintegrated with road andreserve design.

(see Appendix 19H: AssessmentCriteria Regarding Movement andOpen Space Network in the Pyes PaWest Urban Growth Area)

(ii) Assessment Criteria RegardingBlock Size and Allotment Type

n Blocks should be of a scaleand shape to achieve apermeable street layout.

n Blocks and allotmentsshould be designed toenable dwellings tomaximise solar access.

n As many allotments aspossible should front ontoand be accessed directlyfrom a legal road. Thenumber of rear lots should



be minimised wherepossible.

n A variety of allotment sizesshould be provided.

(see )

(iii) Assessment Criteria RegardingDesign of Reserves

n Reserves should be locatedadjacent to public roads.Clear sight lines to reservesshould be available frompublic places and nearbydwellings and from cycleand pedestrian routes.

n Reserves of different sizesfor a variety of users shouldbe distributed throughoutthe subdivision to provide avariety of recreationopportunities to ensure thatas many allotments aspossible have a directphysical or visualconnection with the reserve.

n Where possible the multi-use of reserve land shouldbe encouraged, eg:stormwater reserves thatprovide amenity, openspace and recreationopportunities, whileensuring that the openspace network is accessibleto all.

(see Appendix 19I: AssessmentCriteria Regarding Design ofReserves in the Pyes Pa West UrbanGrowth Area)

19.3.3 Controlled Land-Use Activity Standards and Terms for High-Rise Sites - Residential H Zone


(a) The maximum development intensityof activities in a high-rise building ona specified site within the High-RisePolicy Area shall be:

For the purposes of this rule, nett sitearea means the area of the site that iscontained within the specified High-Rise Policy Area boundary as shownon the Planning Maps (Part C)

(b) No part of any building on a specifiedsite within the High-Rise Policy Areashall penetrate a maximum heightplane, (see Appendix 19A: ReducedLevels of Maximum Height PlaneRelative to Boundaries, MountMaunganui High-Rise Policy Area)

(c) Every high-rise building shall becontained wholly within the specifiedHigh-Rise Policy Area boundary andset back from site boundaries or theHigh-Rise Policy Area boundary atleast:

provided that every part of any high-rise building is also within a buildingenvelope formed by two linesintersecting at the mid-point on eachdevelopment site boundary or High-Rise Policy Area boundary,whichever is applicable, and any roadboundary that lies adjacent to thebuilding to be erected, such that eachline forms an angle of 35° with thatsite boundary. (See Appendix 19B:Bulk and Location Controls for High-Rise Policy Area Sites - MaunganuiRoad)

(d) No more than one high-rise buildingshall be permitted per site.

19.3.3.2 Wind Effects

(a) High-rise buildings shall be designedto minimise accelerated wind-speedeffects that may cause damage toneighbouring buildings or structures,or ground-level discomfort topedestrians using public spaces

(b) A report from a suitably qualifiedperson experienced in the analysis ofwind effects shall be submitted witheach application.

Residential Activities: 1 household unit per 60m² of nett site area

Visitor accommodation:

1 accommodation unit per 30m² of nett site area

Front (road) boundary: 5m

Rear boundary: 5m up to 9m height and 7.5m above 9m height

Side boundary: 3m up to 9m height and 7.5m above 9m height




Every high-rise building development shallprovide on-site parking, manoeuvring, loadingand access in accordance with the provisionsof Chapter 24 Transportation Activity and OtherNetwork Utility Rules, provided that any activityor combination of activities required to providemore than 25 on-site vehicle parking spacescalculated in accordance with Chapter 24Transportation Activity and Other NetworkUtility Rules is not deemed to be a permittedactivity in the zone.

19.3.4 Controlled Land Use - Matters of Control and Conditions

19.3.4.1 Assessment of Applications and Conditions for the High-Rise Buildings in the High-Rise Policy Area

For controlled land-use activities on a specifiedsite within the High-Rise Policy Area thematters over which Council reserves controlare:

(a) General requirements for thedevelopment of land (see Chapter 11General Procedures and Rules)

(b) Development intensity and scale,wind effects and traffic management,safety and convenience standards tobe applied to the site development

(c) The imposition of financialcontributions in accordance withChapter 26 Financial ContributionRules

(d) The imposition of any conditions inaccordance with Section 108 of theResource Management Act 1991 andRule 11.4 of the plan.

19.3.5 Controlled Land-Use Activity Standards and Terms for Relocated Dwellings in the Residential A, H, Rural-Residential, Urban (Marae) Community and Future Urban Zones

19.3.5.1 Compliance with Permitted Activity Conditions

A relocated dwelling under this rule shallcomply with all relevant permitted activityconditions that would relate to a dwellingactivity listed under Rule 19.2.

19.3.5.2 Visual Amenity - Information about Reinstatement Works

A written report and plans shall be submittedwith each application which shall:

(a) State the condition of the building andthe nature of the proposed worksneeded to reinstate the externalappearance of the building and theproposed timetable to completeexternal reinstatement within sixmonths of the date of consent

(b) Provide such plans and elevations ofthe building as are necessary toillustrate the location of the buildingon the site and the likely externalmaterials and works to complete theexternal reinstatement

(c) Detail site restoration after relocationof the building, including drivewayformation works.


19.3.6.1 Assessment of Applications and Conditions for Relocated Dwellings Rural-Residential, Urban (Marae) Community, and Future Urban Zones

For controlled land-use activities that involverelocated dwellings the matters over whichCouncil reserves control are:


(b) The timing and scope of proposedexternal reinstatement works relatedto:

Note: A Traffic Impact Study shall be required for a limiteddiscretionary activity required to provide more than 25on-site vehicle parking spaces (see Rule 12.2.2 forinformation requirements).



(i) Repair and replacement of anyrotten or defective exteriorcladding

(ii) Provisions and installation ofnecessary baseboard groundfoundations

(iii) Repair and replacement of anybroken exterior windows

(iv) Repair and replacement ofbroken or damaged gutteringand damaged or corrodingroofing

(v) Exterior painting (including wallsand roof areas), excluding thecolour of the paint

(vi) Such other works as will ensurethat the building is notdangerous or unsanitary withinthe meaning of the Building Act1991

(vii) Site restoration and drivewayformation.

(c) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules

(d) The information matters to which thewritten report and plans are to haveregard under Rule 19.3.5.2

(e) Imposition of conditions relating tothe matters over which Council hasreserved control under this rule.

19.3.6.2 Non-Notification

Applications made under Rule 19.3.5 need notbe served on affected persons.

19.3.7 Controlled Land Use - Additional Activity Standards and Terms for Comprehensive Development in the Pyes Pa West Urban Growth Area, Residential A, and Residential A (Medium-Rise Policy Area)

19.3.7.1 Residential A Sites Above 3000m2 and Residential A (Medium Rise Policy Areas) Development Intensity, Stormwater Management, Scale and Amenity, and Design

(a) The minimum yield from residentialactivities in the Medium-Rise Policy

Area in the Pyes Pa West UrbanGrowth Area shall be:

For the purposes of this rule thenumber of independent dwelling unitsper hectare shall be measured overthe entire Medium Rise Policy Areawithin the Pyes Pa West UrbanGrowth Area, excluding those areasidentified in the definition of’Developable Area" included inChapter 10, subject to the stagingprovisions of Rule 19.2.1.1(a)(ii) andRule 19.3.1.2(f).

(b) Minimum nett site area shall be 3,000m2.

(c) Stormwater discharge from eachdevelopment area in the Pyes PaWest Urban Growth Area ResidentialA Zone (Medium Rise Policy Area) isto be managed in accordance withthe criteria provided in Appendix 19Eto this Plan and the Pyes Pa WestStructure Plan Stormwater Report(Beca Carter Hollings & Ferner Ltd,September 2003) including thefollowing:

(i) The 50-year ARI flood peaksfrom each development areaare to be no greater than 50% ofthe pre-development peakrunoff rates (i.e., pastoral landuse).

(ii) The 2-year ARI flood peaksshall be reduced to 30% of thepre-development peak runoffrates.

(iii) Sediment and contaminants areremoved in accordance withindustry standard practice.

For the purposes of this Rule "DevelopmentArea" means the area of land subject to aBuilding Consent application in the ResidentialA and Medium Rise Policy Area in the Pyes PaWest Urban Growth Area.

(d) Design Objectives

The Council shall have regard to thefollowing objectives when consideringthe design standards and terms forc o m p r e h e n s i v e h o u s i n g

Residential Activities 20 independent dwelling units per hectare



developments in this rule (see Rule19.3.7.1 (e) and (f)):

n Integrates well with the immediatelocality

n Contributes positively to thestreetscene

n Is of a high standard ofarchitectural quality

n Provides residents with goodoutlook and outdoor space relatedto each unit

n Incorporates on-site landscapingthat integrates buildings, safe useof private, public or common useareas on the site, and softens thevisual effect of the developmenton the surrounding environment

n Caters for safe traffic, parking, andservicing effectively and efficiently

n Promotes on-site safety andsecurity

n Promotes low impact, "green"s to rmwate r managementtechniques having regard to theengineering design needs of thePyes Pa Wes t s to rmwate rcatchment.

(e) Design Standards and Terms

(i) Streetscape, NeighbourhoodCharacter and Amenity

The extent to which thedevelopment integrates wellwith the immediate locality andcontributes positively to thewider street scene shall beconsidered by having regard tothe following matters:

n The development shall besensitive to the residentialcharacter and amenityvalues of the locality bothwithin the site and in thesurrounding area.

n Building setbacks shallensure that at least 50% ofthe site frontage is inaccordance with theStreetscene setback rule(Rule 19.2.1.4) requiring a

3m setback from thedefined street boundary.

n Carports and garages shallbe designed as anintegrated component of thebuilding form, sitedevelopment andlandscaping.

n Car parking areas shall notdominate the appearance ofthe development, whenviewed from the street orany adjoining property;large numbers of spaces inone area shall be avoided,or be broken up andmitigated by landscaping.

n There shall be a maximumbuilding length of 15metres without façadesetback or mitigation suchas architectural featuresthat provides visual relief tothe façade and elevation ofthe building.

n Buildings shall be designedto ensure good visualcontact between dwellingsand the public street andinternal streets

(ii) Building Form

The extent to which thearchitectural qualities of thedevelopment exhibits innovationshall be considered by havingregard to the following matters:

n The development shall bedesigned to create visualcharacter and variety

n Compliance with the height,overshadowing and site setback (yard) rules of Rule19.2 shall apply at theboundaries of thecomprehensive housingdevelopment site. Applyingsuch rules at any futureinternal boundaries withinthe comprehensivedevelopment site isoptional.

n Areas of blank walls shouldbe kept to a minimum.



(iii) Outlook and Outdoor Spaces

The extent to which thedevelopment provides foroccupants to enjoy a reasonableoutlook and useful private andcommon-use outdoor space(s)shall be considered by havingregard to the following matters:

n All dwellings shall have aprivate outdoor living spacecontinuous with thedwelling unit equivalentwhich shall, if at groundlevel, have a minimumdimension of 5.0 metres inany one direction; or, iflocated above ground levelshall be a balcony of atleast 6m2 having aminimum dimension of 1.5metres.

n In the case of the balconyprovision it shall be locatedto achieve at least a 10metre unobstructed outlookover the site or to an areaof permanent open space.

n Such private outdoor livingspaces shall be accessiblefrom the main living area ofthe dwelling.

n An area of private outdoorliving space shall be locatedto receive sunlight for atleast four hours on the 21June

n Any nominated privateoutdoor living space shallbe unobstructed bybuildings, parking spaces orvehicle access andmanoeuvring areas andfuture boundary lines.

n Any nominated privateoutdoor living space shallbe located and /or screenedso that at least 50% of thespace has visual privacyfrom the living rooms (notincluding bedrooms) andthe private outdoor livingspaces of other dwellingson the development site.

n Any communal living spaceprovided shall be in additionto, not in substitution of therequired private outdoorliving space for eachdwelling.

(iv) Visual and Aural Privacy

The extent to which thedevelopment provides for thevisual and aural privacy ofoccupants and neighbours:

n Where any dwelling is to besited within 10 metres ofanother dwelling there shallbe no direct line of sightfrom the main living areasor outdoor living courts ofthe dwelling into the mainliving areas (not includingbedrooms) or nominatedoutdoor living space ofanother dwelling on thesame site. Provided that ifa direct line of sightbetween living areas cannotbe avoided, visualscreening shall beconstructed or planted toprevent a line of sight.

n Access points into the site,and car parking areas, shallbe sited and designed so asto avoid the adverse effectsof noise and other effectson aural or visual privacy.

(v) Landscaping

The extent to which existingvegetation is retained andlandscaping adds to the amenityof the development and assistsin stormwater managementshall be considered by havingregard to the following matters:

n Existing mature trees shallbe incorporated into the siteand landscape design.

n Natural watercourses withinor adjoining the site shouldbe re ta ined and /o r no tcompromised by thedevelopment in terms oftheir long term contributionto s to rmwate rmanagement.



n On site landscaping shallbe designed to enhance theappearance of thebuildings, assist instormwater management,and soften or screen thevisual impact of car parkingand service areas.

n Low impact stormwaterdesign methods includingsource control shall beincorporated into the site,building and landscapingdesign where these assistin meeting the stormwatermanagement rules applyingto the Pyes Pa West UrbanGrowth Area.

(vi) Traffic, Parking, Access,Connectivity PedestrianAccessibility and Safety

The extent to which traffic,parking and servicingrequirements resulting from thedevelopment can be effectivelyand efficiently catered for shallbe considered by having regardto the following matters:

n Provision shall be made forresident and visitor parkingand manoeuvring and siteaccess in accordance withChapter 24 of the Planwithout dominating theappearance or functioningof the development,detracting from the amenityof the units (or units onadjoining sites), adverselyaffecting road safety orefficiency, or unnecessarilyincreasing the percentageof impermeable surfaceswithin the development.

n Provision for pedestrianmovement on-site shouldwherever possible beseparated from vehicularmovement areas, andcalming measures shouldbe used in joint vehicle /pedestrian use areas.

n Provision for refusecollection, recycling,

outdoor storage and similarservices shall be integratedinto the development, beappropriately sized inrelation to the scale of thedevelopment, ensure thatcollection points andfacilities are readilyaccessible by servicevehicles and workers andwill not at any time detractvisually or generate healthrisks in the area. This mayentail providing more thanone storage or collectionpoint for refuse within thedevelopment.

n Lighting for amenity andcrime prevention purposesshall be an integral part ofthe development, anddesigned and positioned tomaximise the personalsafety of occupants andvisitors without creatingnuisance for adjoiningproperties or drivers ofvehicles through excessiveglare.

n Provision should be madefor vehicle and pedestrian /cyclist linkages to / from,through and / or around thedevelopment in a way thatprovides opportunities forphysically connecting withaccess and linkages to /from public reserves andwalkways shown onStructure Plan SP13.

(f) Design Standards and Terms - Review

For the purposes of implementationof these rules, any application for acomprehensive development shall beaccompanied by a design report byan independent person suitablyqualified and / or experienced in thefield of urban design, building designor landscape design.

Prior to approval by Council theCouncil may require an independentreview of this report at the applicantsexpense.

19.3.7.2 Residential A Sites Less Than 3000m2 Development Intensity, Stormwater



Management Scale, Amenity and Design

Where sites are less than 3000m2 thedevelopment of residential activities at adensity and scale greater than permitted byrule 19.2.1.1(a) landuse or subdivision shallbe accompanied by an Outline DevelopmentPlan (ODP) for the site. Such approval shallbe in accordance with the criteria outlined in19.3.2.1(s) and the ODP shall be developedgenerally in accordance with the ODPexample included in Appendix 19G andaddress the following criteria:

(i) Building Envelope

(ii) Parking

(iii) Private Open Space

(iv) Permitted Yard Intrusions

(v) Vehicle Access

(vi) Landscape Planning

(vii) Site Coverage

The ODP shall be developed with regard tothe design standards and terms authorised atrule 19.3.7.1 (e), and subject a reportsubmitted in accordance with 19.3.7.1 (f).

19.3.7.3 Comprehensive Development - Matters of Control and Conditions

For controlled land-use activities under Rule19.3.7.1 and 19.3.7.2 the matters over whichCouncil reserves control are:

(a) General requirements for thedevelopment of land (see Chapter 11General Procedures and Rules).

(b) Development intensity and scale,wind effects and traffic management,safety and convenience standards tobe applied to the site development.

(c) The imposition of financialcontributions in accordance withChapter 26 Financial ContributionRules

(d) The imposition of any conditions inaccordance with Section 108 of theResource Management Act 1991 andRule 11.4 of the Plan.

(e) Management of the quantity andquality of stormwater to bedischarged from the site.

(f) The design objectives and designstandards and terms covering:

n Streetscape

n Building Form

n Outlook and Outdoor Spaces

n Visual and Aural Privacy

n Landscaping

n Traffic, Parking, Access,Pedestr ian Accessibi l i ty andSafety

In Rule 19.3.7.1 and the imposition ofany condition directly related to thesematters.

(g) For approved Outline DevelopmentPlans in accordance with 19.3.7.2 aconsent notice shall be registered onCertificates of Title setting out themaximum extent of the bulk andlocation of any future buildings on thesites as approved in the OutlineDevelopment Plan.

19.4 Limited Discretionary ActivitiesThe following are limited discretionaryactivities:

(a) Activities listed as permitted orcontrolled that do not comply with oneor more of the permitted activityconditions, excluding those activitiesthat do not comply with Rule19.2.1.5(a)(iii), or controlled activitystandards and terms unlessotherwise listed as discretionaryactivities

(b) Activities listed as limiteddiscretionary activities within aNatural Hazard Policy Area (seeChapter 17 Natural Hazard PolicyArea Rules)

(c) Activities listed as limiteddiscretionary activities in Chapter 16Heritage Rules

(d) Activities listed as permitted orcontrolled and required to providemore than 25 on-site vehicle parkingspaces calculated in accordance with



Chapter 24 Transportation Activityand Other Network Utility Rules

(e) Shared accommodation that does notcomply with:

(i) Any of the amenity conditionsfor a permitted activity (see themaximum development intensityconditions of Rule 19.2.1.1(d)and permitted amenityconditions from 19.2.1.2 to19.2.1.13) inclusive

(ii) Any of the permitted activityconditions of Rule 19.2.2 toand Rule 19.2.5 inclusive.

(f) An Office Ancillary to a Showhome.

(g) Subdivision and land use where thetarget yield of 15 independentdwelling units per hectare of NetDevelopable Area as set out in rule19.2.1.1, Development Intensity andScale in Pyes Pa West Urban GrowthArea has a shortfall of less than 10%of the net yield in any one stage, orthe current and preceding stagescumulatively have a shortfall of lessthan 5% of net yield, as set out inTable 19-1.

19.4.1 Limited Discretionary Activities - Matters of Discretion and Conditions

19.4.1.1 Non-Compliance with a Permitted Activity Condition or Controlled Subdivision Standards and Terms

The Council restricts the exercise of itsdiscretion to:

(a) Whether the proposal would beconsistent with the objectives andpolicies for Residential Zones

(b) Actual or potential off-site effects, andin the case of a breach of a Yard orOvershadowing condition the on-siteeffects, of the non-compliance witht h e s p e c i f i e d s t a n d a r d o n t h esurrounding environment including onsite amenity in the case of a breach ofa yard or overshadowing conditionsor the pattern of subdivision, landu s e , r o a d i n g o r s e r v i c e sinfrastructure in the locality

(c) District-wide rules contained withinthe plan (see Chapters 11 to 18)

(d) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules

(e) Imposition of conditions including theimposition of any conditions inaccordance with Section 108 or 220of the Resource Management Act1991 that would avoid, remedy ormitigate any adverse off-siteenvironmental effects arising from theactivity’s non-compliance with thespecified standard, including:

n The actual or potential adverseeffects on residents’ health oflocating dwellings or educationfacilities in close proximity to theRural Zone where pesticides arelikely to be applied to agriculturaland/or horticultural activities.

19.4.1.2 Activities Required to Provide more than 25 On-Site Vehicle Parking Spaces


(a) Whether the proposal will beconsistent with the objectives andpolicies of the plan relating to"transportation" under Section 7.4and "traffic safety" under Section 3.1as may be applicable

(b) The matters to which the TrafficImpact Study is required to haveregard as set out in the plan

(c) The imposition of any conditions thatwould avoid, remedy or mitigate anyadverse traffic effects arising from theproposal.

19.4.2 Limited Discretionary Activities - Standards and Terms for Activities Requiring more than 25 On-Site Vehicle Parking Spaces.

19.4.2.1 Traffic Effects

A written Traffic Impact Study shall besubmitted with each application, which shallinclude the information required under Rule12.2.2 relevant to the traffic effects of theproposal to the surrounding road environmentand shall include the written comments of the

Note: See Rule 19.4(d)



authority charged with administering theroad(s) that will provide access to the site.

19.4.3 Limited Discretionary Activities - Standards and Terms for Shared Accommodation Activities


(a) The Council restricts the exercise ofits discretion to:

(i) The extent to which thedevelopment complementsresidential amenity values andresidential neighbourhoodcoherence and character,having particular regard to:

n The extent to which thedevelopment detracts fromor conflicts with themaintenance of primarilyresidential activities in theneighbourhood surroundingthe site

n The extent to which siteintensity, location of parkingand outdoor storagefacilities and buildingheight and bulk will result indecreased access todaylight, decreased levelsof privacy and/or views foradjoining sites, or frompublic places

n How the proposeddevelopment compares inthe above respects, with themaximum residentialdevelopment intensityprovided for in the zone asa permitted activity

n The extent of any mitigationof adverse effects from on-site development intensityand scale, provided throughmeans such as increasedyard distances, provision ofscreening or landscapetreatment, externalappearance of buildings,location of access, egressand parking areas.

(ii) The extent to which the scale ofthe development is compatible

with the size and shape of thesite, having particular regard to:

n The extent to which designand location of privateoutdoor space, commonspace and space betweenbuildings provides accessfor services on to andaround the site, retainsnatural features on andaround the site, andeffectively internalisesvisual dominance ofstructures within the site

n The effectiveness of anyproposed landscapetreatment for screening andsoftening the visualdominance of development

n How the proposeddevelopment compares inthe above respects, with themaximum residentialdevelopment intensityprovided for in the zone asa permitted activity.

(iii) The extent to which theproposed buildings andassociated structures will becompatible with the scale ofother buildings on the site orwith buildings on other sites inthe adjoining area, havingparticular regard to:

n The ability to maintainvisual privacy betweenbuildings and the outdoorliving areas of adjacentsites

n The ability to maintaincompatibility with localresidential character whenviewed from adjoining sites,the street or other publicplaces


(b) In exercising the above discretion theCouncil shall also have regard to:



(i) Issue 3.1 (Adverse Effects ofthe Intensification of Activities),and its policies and objectives

(ii) Issue 3.2 (Residential AreaActivities and Development),and its policies and objectives

(iii) Issue 7.1 (Urban Form) and itspolicies and objectives.

19.4.3.2 Public Services Infrastructure

(a) The Council restricts the exercise ofits discretion to the extent to whichthe capacity of public servicesinfrastructure serving the site canprovide for the expected demand onwater supply, wastewater andstormwater services without the needfor upgrading or extending theinfrastructure network, havingparticular regard to:

(i) How the proposeddevelopment's use ofinfrastructure resourcescompares with the maximumresidential developmentintensity provided for in thezone as a permitted activity

(ii) The extent to which any adverseor cumulative adverse effectscan be remedied or mitigated byon-site measures, or by afinancial contribution.

(b) In exercising the above discretion theCouncil shall have regard to:

(i) Issue 7.3 (Provision of LocalServices), and its policies andobjectives

(ii) Issue 9.1 (Provision andFunding of Services), and itspolicies and objectives.

19.4.3.3 Traffic Generation, Safety and Convenience

(a) The Council restricts the exercise ofits discretion to the extent to whichthe neighbourhood and adjacentstreet network can accommodateanticipated increases in trafficgenerated as a result of the activitieson the site, having particular regardto:

(i) The extent of adverse effectsfrom traffic noise, vibration,glare, fumes, congestion, on-street safety, on-street parking,on the local residentialneighbourhood amenity

(ii) The extent to which theoperation, function, safety andefficiency of the adjacent road/sis adversely affected given:

n Their place in the roadinghierarchy

n Their role in providingamenity within the localresidential neighbourhood

n Their capacity whencompared to the maximumresidential developmentintensity permitted for thesite.

(iii) The extent to which any adverseor cumulative adverse effectscan be remedied or mitigated byon-site location of parking andloading areas, by site accessdesign and location, byrestricting hours of operation ofany on-site facilities, or byrestricting the hours for accessfor goods and services vehicles.

(b) In exercising the above discretion theCouncil shall have regard to Issue 7.4(Transportation), and its policies andobjectives.

19.4.3.4 Conditions that may be Imposed in Regard to Applications made under Rule 19.4.3

Conditions that may be imposed onapplications under Rule 19.4.3 may include, butnot be limited to, any or all of the following:

(a) Alterations to building design, orlocation on the site, including locationof on-site parking areas

(b) Retention of vegetation or naturalfeatures on the site, and/or theprovision of a landscape planspecifying species and habit. Animplementation timeframe forlandscape planting may be applied orrequired, for the purpose of mitigatingidentified adverse effects



(c) Provision of screening or planting on-site or on accessways

(d) Requiring works and services toavoid, remedy, mitigate or offsetidentified adverse effects

(e) The imposition of a financialcontribution in accordance withChapter 26 Financial ContributionRules of the plan

(f) The establishment of a BodyCorporate and/or the development oflegal covenants in favour of theCouncil for the purpose of ongoingmanagement of the site, buildingsand activities. Covenant details are tobe lodged on the certificates of titlefor the property (including anyindividual or subsequent unit titles).This may include a covenant(pursuant to section 108 2(d) of theResource Management Act 1991)detailing that premises are to be usedexclusively for the purposes of visitoraccommodation. (All professional andadministrative or legal costs incurredare to be borne by the consentapplicant.)

(g) Alterations to layout of parking areason-site, and/or vehicular access toand from the site

(h) Requiring a specified number ofparking spaces, or on-sitemanoeuvring areas, having regard tothe policies and objectives of Chapter24 Transportation Activity and OtherNetwork Utility Rules of the plan andin consideration of cumulative effectsin the surrounding neighbourhood

(i) Restricting the number of visitoraccommodation units to be provided

(j) The imposition of financialcontributions in accordance withChapter 26 Financial ContributionRules of the plan.

19.4.4 Limited Discretionary Activities - Standards and Terms - Development Intensity and Scale, Pyes Pa West Urban Growth Area

Where non-compliances exist with the intensityand scale set out in 19.2.1.1 (a) (ii) (includingTable 19-1) and 19.3.1.2 (f), includingachieving a target yield of 15 lots per hectare,

discretion is restricted to ensuring approval toany non-compliance with target yields shallonly be provided for, where an assessmentconfirms:

n The topographical, geotechnical andland form constraints of the subject sitemake it unreasonable to achieve higheryields; or

n That any target density shortfall is nomore than 10% of the proposed yield; orthe current and preceding stagescumulatively have a shortfall of lessthan 5% of the net yield; and

n It can be demonstrated that densitytarget shortfalls can be accommodatedin subsequent stages; and

n The effects of higher yields on highquality urban design outcomes . Inconsidering this matter regard will begiven to the criteria set out in 19.3.2.1(s); and

n The non-compliance does notcompromise the goal of providing costeffective and efficient infrastructure; and

n The matters in 19.3.2.1 (ControlledSubdivision Matters of Control andConditions - Assessment of Applicationsand Conditions); and

The applicant must provide:

n An assessment of options andopportunities for a variety of lot sizes,including the consideration ofopportunities for higher intensitydevelopment including those that mightmeet the Pyes Pa Medium Rise PolicyArea performance standards (19.3 H)and including the pepper potting of sitesfor comprehensive development in theResidential A zone in accordance with19.3.7.2.

n A Master Plan showing indicativedevelopment and the balance of thestage and subsequent stages showingthe likely total yield to be achieved. TheMaster Plan shall be accommodated byan urban design statement from asuitably qualified and experiencedurban design specialist confirming thatthe matters Council has restricted itsdiscretion to have been met.



19.4.4.1 Notification of Limited Discretionary Subdivision Activities

The Council will consider any application for aLimited Discretionary Activity, withoutnotification in accordance with Section 94 D(2)of the RMA, or without the need to serve noticein accordance with Section 94D (3) of the RMA.

If the Council considered specialcircumstances exist in relation to any suchapplication, it may require the application to benotified in accordance with Section 94C (2) ofthe RMA, or if an applicant requests notificationin accordance with Section 94C (1) of the RMA.

For the purpose of this provision "specialcircumstances" may include any circumstanceswhere non-compliance with yield requirementsare of scale and/or significance such that theycould adversely impact persons outside theapplication site or compromise the consistentadministration of the District Plan and thepolicy direction which sets a target yield of 15lots per hectare.

19.4.5 Limited Discretionary Activities - Standards and Terms for an Office Ancillary to a Showhome

(a) For each Showhome site:

(i) An Office Ancillary to aShowhome shall comply withthe permitted activity conditionsin Rule 19.2.1.1 HeavyMachinery, Rule 19.2.1.2Building Height, Rule 19.2.1.4Streetscene, Rule 19.2.1.5Space about Buildings, Rule19.2.1.6 Overshadowing, Rule19.2.1.7 Variation Criteria, Rule19.2.1.9 Visual Amenity -Signs,Rule 19.2.1.10 Traffic Safetyand Convenience - Signs, Rule19.2.1.11 Noise andDisturbance, Rule 19.2.1.12Exterior Lighting and Glare,Rule 19.2.1.13 Dust, Rule19.2.2 Natural ResourceConditions, Rule 19.2.3Heritage Conditions, Rule19.2.4 Hazard Conditions, andRule 19.2.5 Physical ResourceConditions.

(ii) There shall be no more than oneOffice Ancillary to a Showhome.

(iii) Activities carried out in an OfficeAncillary to a Showhome shall

relate solely to the promotion ofthe product of the Showhomeoperator.

(iv) No more than three people maybe employed to work in anOffice Ancillary to a Showhome.

(v) The maximum gross floor areafor an Office Ancillary to aShowhome shall be 50m2.

(vi) An Office Ancillary to aShowhome shall provide on-sitevehicle parking, manoeuvring,loading and access inaccordance with therequirements for Offices set outin the provisions of Chapter 24Transportation Activity andOther Network Utility Rules.

(vii) An Office Ancillary to aShowhome shall not have anyvehicle access onto and from astate highway.

19.4.5.1 Limited Discretionary Activities - Matters of Discretion and Conditions for Offices Ancillary to a Showhome


(a) The extent to which the use detractsfrom or conflicts with themaintenance of residential amenity,character and coherence onsurrounding sites, including privacyand noise related impacts.

(b) The extent of any mitigation ofpotential adverse effects throughincreased yard distances, provision ofscreening or landscape treatment,external appearance of buildings,location of access and egress andparking areas, hours of operation,and period of operation.

(c) The extent to which vehicular trafficgenerated by any activity can beaccommodated without compromisingthe functionality of the road (takinginto account its place in the hierarchy,traffic volumes, safety and efficientpedestrian movement) or without loss

Note: For avoidance of doubt new Offices not ancillary to aShowhome or not falling within the definition of HomeBased Business are a non-complying activity. SeeRule 19.6.



of residential amenity in theneighbourhood.

(d) Any cumulative effect of trafficgeneration from the activity inconjunction with traffic generationfrom other activities in thesurrounding residentialneighbourhood.

19.5 Discretionary ActivitiesDiscretionary activities are:

(a) Land-use (excluding non-residentialactivities) or subdivision activitieswhich are not listed as permitted,controlled, limited discretionary, non-complying or prohibited activities.

(b) visitor accommodation listed aspermitted or controlled that does notcomply with one or more of thepermitted activity conditions orcontrolled activity standards andterms.

(c) Day care centres, preschools,primary schools and secondaryschools.

(d) Education Facilities with a maximumoccupancy of students at any oneeducational session, exclusive ofstaff, of 25.

(e) Health Centres.

(f) Churches and their ancillaryadministration facilities and ancillarycommunity support services.

(g) Additions to the floor area of existingoffices legally established before 12April 2008

(h) Business activities associated with aneighbourhood centre on Lot 6 DP322227, Lot 1 DP 418126, Lot 2 DP418126, Lot 1 DPS 82631, Lot 2 DPS82361, Lot 39 DPS 11066, Lot 40DPS 11066, Lot 41 DPS 11066, Lot 1DPS 91149, Lot 3 DP 322227, Lot 2DPS 91149, Lot 45 DPS 11066, andLot 46 DPS 11066 where theactivities are limited to:

(i) General retailing;

(ii) Offices;

(iii) Day care centres, preschools,primary schools and secondaryschools

(iv) Education facilities;

(v) Places of assembly includinggymnasiums;

(vi) Restaurants, bars, cafes;

(vii) Health centres; and

(viii) Recreational activities.

(i) Offices Ancillary to a Showhome thatdo not comply with one or more of theLimited Discretionary Standards andTerms for Offices Ancillary to aShowhome.

(j) Subdivision and land use where thetarget yield of 15 independentdwelling units per hectare of NetDevelopable Area as set out in rule19.2.1.1 is not achieved, and has ashortfall of greater than 10% in anyone stage of the net yield, or thecurrent and preceding stagescumulatively have a shortfall ofgreater than 5% of the net yield, asset out in Table 19-1: DevelopmentIntensity and Scale in Pyes Pa WestUrban Growth Area.

19.5.1 Assessment of Applications and Conditions

Unless otherwise stated in the plan, inconsidering an application for a discretionaryactivity under this rule, Council shall haveregard to:

(a) The matters of assessmentapplicable to the proposed activity

(b) The "example" conditions set out inRule 11.4.

(c) For visitor accommodation:

(i) Actual or potential and/orcumulative adverse effects ofthe activity on the character andamenity of the surroundingresidential environment or theland use, roading or servicesinfrastructure in the locality

(ii) Where relevant, the mattersidentified in permitted activityconditions, controlled activity



standards and terms and limiteddiscretionary standards andterms specified in the plan.Rule 19.4.3 shall be consideredwith regards to anydiscretionary Visitoraccommodation activity.

(d) For non-residential land uses whichare discretionary activitiesconsideration shall also be given to,but not limited to:

(i) The extent to which thedevelopment's design maintainsor enhances the anticipatedresidential scale, character andamenity of the residentialneighbourhood

(ii) The compatibility of theproposed site layout/buildingswith the appearance, layout andscale of other buildings andsites in the surroundingresidential neighbourhood,including setback of existingbuildings from road boundaries

(iii) The extent to which there areany cumulative effects from theproposal, whether on its own orin combination with otheractivities in the neighbourhood,on the maintenance orenhancement of residentialcharacter and outlook and onresidential coherence.

(iv) The retention of existingvegetation on the site, and theincorporation of existing treesand native vegetation into thesite and landscape design

(v) The extent and quality of thelandscaping proposed and theeffectiveness of proposedplanting in enhancing thestreetscape of the area

(vi) The extent to which theproposal provides for the visualand aural privacy of occupantsand neighbours including theextent to which occupants ofadjoining properties using theirmain living area/s and bedroom/s can be seen from the site

(vii) The location of carparking onsite in relation to residential

activities (both on and off site)and the extent of adverseimpacts on the visual and auralprivacy of these residentialactivities.

(viii) The numbers of carparksprovided on the site in relationto the requirements of Chapter24 Transportation Activity andother Utility Network Rules, thelayout and internal circulation ofthe parking areas to ensure safeand efficient vehicle parking andcirculation and pedestriancirculation on the site.

(ix) The extent of potential reductionin the availability of on-streetparking for residents, occupantsor visitors to the site orneighbourhood.

(x) The extent to which vehiculartraffic generated by any activitycan be accommodated withoutcompromising the functionalityof the road (taking into accountits place in the hierarchy, trafficvolumes, safety and efficientpedestrian movement) orwithout loss of residentialamenity in the neighbourhood.

(xi) Any cumulative effect of trafficgeneration from the activity inconjunction with trafficgeneration from other activitiesin the surrounding residentialneighbourhoods.

(xii) Hours of operation of the activityand it's duration and nature.

(xiii) The degree to which theintensity of residential use orany other use on a site has aneffect on the sustainability ofinfrastructural services.

(e) For an Office Ancillary to aShowhome, in addition to theassessment criteria set out above:

(i) The extent to which the activitycomplies with 19.4.4 LimitedDiscretionary Activities -Standards and Terms for anOffice Ancillary to a Showhome.

(ii) Where access to a statehighway is proposed, the extent



of any adverse effects of theactivity on the safe and efficientfunctioning of the state highway;and the extent to which there isany other reasonably practicalalternative access arrangementfor the site so as to avoidaccess to a state highway.

19.5.2 Discretionary Subdivision of Residential A Land, West Bethlehem

Any subdivision that does not meet thecontrolled activity standards and terms forsubdivision in West Bethlehem, in Rule19.3.1.12 shall be a discretionary activity.

In deciding whether to grant or refuse consentto a discretionary subdivision under Rule19.5.2 Council shall have regard to the mattersof assessment applicable to the proposedactivity and example conditions set out in Rule11.4 and in addition, Council shall have regardto the following assessment criteria;

(a) Any relevant matters in Section 104of the Act

(b) Whether the proposed subdivisionwill provide safe and efficient vehicleaccess to and from adjacent roadnetwork, including but not limited toState Highway 2, that serves thesubdivision and the associated trafficmanagement measures proposed toachieve safe and efficient roadaccess.

(c) Whether the proposed services toserve the subdivision are generally inaccordance with the Council's Codeof Practice For Subdivision, the WestBethlehem Structure Plan (seeSP12), the Services Strategy for thearea outlined in Appendix 9A, theservices rules and performancecriteria in Rules 15.1 and 15.2.of thePlan.

(d) Whether the proposed subdivisionwill result in an efficient andfinancially viable form of servicing tothe subdivision having regard to theexisting or planned urban services inWest Bethlehem and associatedproject funding as set out in Chapter26 of the Plan.

(e) Whether the proposed design andlayout of the subdivision will promote

the efficient use of Residential Azoned land so as to achieve a grossallotment yield sought in the WestBethlehem area (see Rule19.3.1.12(ii))

19.5.3 Discretionary Activities - Standards and Terms - Development Intensity and Scale, Pyes Pa West Urban Growth Area

Where non-compliances of greater than 10%exist with the intensity and scale set out in19.2.1.1 (a) (ii) (including Table 19-1) and19.3.1.2 (f), including achieving a target yield of15 lots per hectare, activities are discretionary.The assessment criteria are as follows:

n The topographical, geotechnical andlandform constraints of the subject site,and

n The effect on the overall developmentdensities outlined in Table 19-1.

n An assessment of the ability to make updensity shortfalls in subsequent stagesof development, and

n The effects of higher yields on highquality urban design outcomes. Inconsidering this matter regard will begiven to the criteria set out in 19.3.2.1(s), and

n The non-compliance does notcompromise the goal of providing costeffective and efficient infrastructure, and

n The matters in 19.3.2.1 (ControlledSubdivision Matters of Control andConditions - Assessment of Applicationsand Conditions) are being achieved,and

The applicant must provide:

n An assessment of options andopportunities for a variety of lot sizes,including the consideration ofopportunities for higher intensitydevelopment including those that mightmeet the Pyes Pa Medium Rise PolicyArea performance standards (19.3 H)and including the pepper potting of sitesfor comprehensive development in theResidential A zone in accordance with19.3.7.2.



n A Master Plan showing indicativedevelopment and the balance of thestage and subsequent stages showingthe likely total yield to be achieved. TheMaster Plan shall be accompanied byan urban design statement from asuitably qualified and experiencedurban design specialist confirming thatthe matters Council has restricted itsdiscretion to have been met.

19.5.4 Discretionary Activities - Standards and Terms for Additions to the Floor Area of Existing Legally Established Offices

(a) The office which it is proposed to beadded to must have been legallyestablished prior to April 12 2008.

(b) This rule can only be applied to thosecurrent Certificates of Title on whichthe office and it's associatedcomponents e.g. reception area, onsite parking and the like is legallyestablished.

(c) Any building addition to existing officebuildings on the site under this ruleshall comply with the permittedactivity conditions in Rule 19.2.1.1Heavy Machinery, Rule 19.2.1.2,Building Height, Rule 19.2.1.4Streetscene, Rule 19.2.1.5 Spaceabout Buildings, Rule 19.2.1.6Overshadowing, Rule 19.2.1.7Variation Criteria, Rule 19.2.1.8Visual Amenity -Residential Outlook,19.2.1.9 Visual Amenity -Signs, Rule19.2.1.10 Traffic Safety andConvenience - Signs, Rule 19.2.1.11Noise and Disturbance, Rule19.2.1.12 Exterior Lighting and Glare,Rule 19.2.1.13 Dust.

(d) Any building addition to existing officebuildings on the site shall provide on-site parking, manoeuvring, loadingand access in accordance with theprovisions of Chapter 24Transportation Activity and OtherNetwork Utility Rules.

19.6 Non-Complying Activities(a) Any listed permitted, controlled,

limited discretionary or discretionaryactivity which does not meet Rule19.2.1.5(a)(iii)

(b) Education Facilities exceeding amaximum occupancy of students atany one educational session,exclusive of staff, of 25.

(c) Any Home-based Business that doesnot comply with the permitted activityconditions in Rule 19.2.1.1(b).

(d) Education Facilities and Offices in theUrban Marae Community Zone thatdo not comply with the permittedactivity conditions in Rule 19.2.6.3.

(e) Non-residential activity not listed aspermitted, controlled, limiteddiscretionary, discretionary orprohibited activities.

(f) Any listed permitted activities whichdo not meet the Natural ResourceConditions in Rule 19.2.2, or anylisted controlled, limited discretionaryor discretionary activity which wouldtake place within the geographic areaspecified in Rule 19.2.2.1(a) or (b)and would result in the activity notcomplying with the conditionsspecified in Rule 19.2.2.1(c), (d), (e)and (f).

(g) Land-use or subdivision activities(other than boundary adjustmentsand relocations of existing titles) inthe Future Urban Zone, Residential Aand H Zones and Urban MaraeCommunity Zone, where wastewaterservices are not connected to aCouncil operated and maintainedwastewater reticulation, treatmentand disposal system or where suchsystem does not have sufficientcapacity to service the proposedsubdivision or land-use activity. Thisrule shall not apply to activities in theRural-Residential Zone where it isCouncil policy not to provide aCouncil operated and maintainedwastewater reticulation, treatmentand disposal system.

19.7 Prohibited ActivitiesAny building on a specified high-rise site in theResidential H Zone that exceeds the maximumheight permitted by Rule 19.3.3.1(b) is aprohibited activity.



19.8 Ngati Kahu Papakainga Zone - Zone Provisions - Permitted Activities

Any one or more of the following activities, andthe erection of buildings or structuresassociated with any one or more of thefollowing activities are permitted activities

where they occur in Subzone A or theCommercial (waewae) Subzone of the NgatiKahu Papakainga Zone and are denoted by a

in the Table below provided they do notcontravene any permitted activity conditions asdetailed in Rules 19.8.1 to 19.8.5.

ACTIVITY


Subzone ACommercial

(Waewae)Subzone


Building demolition, and/or site earthworks and or vegetation clearance incidental to the development of land for a permitted activity or an approved subdivision consent provided this activity is subject to the provisions of Rule 19.2.2

Burial grounds (urupa)

Education facilities including children’s daycare

Health centres

Home-based businesses

Marae-based activities including meeting houses (wharenui), dining halls and associated buildings (wharekai, whareumu, pataka), health centres (whare hauora) and offices (tari)

ACTIVITY


Subzone ACommercial

(Waewae)Subzone

Transportation activities and other network utilities (see Chapter 24 Transportation Activity and Other Network Utility Rules)

Offices


Produce stalls

Reserves

Residential Activities (including ngati kahu kaumatua dwelling unit)

signs

Temporary permitted activities

Subdivisions that are conversions of tenure from one form of title to another where site development is complete and amendments to crosslease plans to show additions, alterations and accessory buildings.

Onsite vehicle parking, manoeuvring, loading access



19.8.1 Permitted Activity Conditions - Amenity Conditions


The maximum development intensity forresidential activities in the zone shall be:

(a) 17 Dwelling Units (or their Ngati KahuKaumatua Dwelling Unit Equivalent)per Hectare

(b) Home-Based Business

The maximum development intensityfor a home-based business in thezone shall be:

(i) Every home-based businessmay employ not more than twoother persons additional to themembers of the household whopermanently reside on the siteand who own and operate thebusiness from that site.

(ii) The activity shall be carried outeither wholly within a dwelling,within an accessory building, orin an outdoor yard clearlydesigned and constructed forthe purpose. The maximumgross floor area of anyassociated building and/oroutdoor activity area used inconjunction with the home-based business shall be 80m2.

(iii) Retail sales from a home-basedbusiness or other permittedactivity shall be limited to thosegoods and materials producedby the home-based businessand shall take place within abuilding or structure associatedwith the residential activity ofthe operator.

(c) Education Facilities

Education facilities shall be designedto ensure the maximum occupancy of

children or students at any onecaregiving or educational session,exclusive of staff, is 50.

(d) Produce Stalls

Produce stalls shall have a maximumgross floor area per site of 50m2.

(e) Visitor Accommodation

The maximum development intensityfor visitor accommodation on a site(within Subzone A only) shall be:

(f) Health Centres and Offices

Health centres and offices in Subzone A shallbe designed to ensure the maximumoccupancy of fulltime equivalent staff on thesite is twelve. This limit shall not apply tooffices in the Commercial (Waewae) Subzone.

(g) Heavy Machinery and Storage

No heavy vehicles, plant, machineryor bulk materials shall be parked,stored or displayed on a site. Heavyvehicles may visit and use a site forthe purpose of picking up or deliveryof goods or materials.

Visitor accommodation

Gymnasia

Lock Up Storage Facilities

Ancillary Retailing

Ngati Kahu Papakainga Zone

(a) For sites 1000m2 or smaller, a maximum of 10 accommodation units per site; or

(b) For sites greater than 1000m2:

(i) One self-contained accommodation unit per 100m2 of site area; or

(ii) Where accommodation is not self-contained, the maximum gross floor area of habitable rooms shall be 65m2 per 100m2 of site area.



(h) Gymnasia

Gymnasia in the Commercial(waewae) Subzone shall be designedto ensure the maximum occupancy ofpersons using the facility exclusive ofstaff, is 50.

(i) Special Rule For Commercial(Waewae) Subzone

The maximum permitted totaldevelopment area for land useactivities in the Subzone shall be twohectares and this development shallbe at a location and of a shape that isin accordance with the Subzoneboundaries shown on Planning MapB7. Vehicle access to this Subzoneshall be off Carmichael Roadgenerally opposite the new collectorroad linking Carmichael Road withState Highway 2.

19.8.1.2 Building Height

The maximum height of any building on a siteshall be 9m.


(a) Every activity shall provide on-siteparking, manoeuvring, loading andaccess in accordance with theprovisions of Chapter 24Transportation Activity and OtherNetwork Utility Rules, provided thatany permitted activity or combinationof activities required to provide morethan 25 on-site vehicle parkingspaces calculated in accordance withChapter 24 Transportation Activityand Other Network Utility Rules is notdeemed to be a permitted activity inany zone (see Rule 19.4).

(b) All garages or carports designed withdirect vehicle access to a road shallbe set back at least 4.5m from theroad boundary.

(c) The maximum number of dwellingsthat can be served by private rights-of-way, private accessway or legalaccess lot shall be:

(d) Any vehicle access to theCommercial (waewae) Subzone shallbe located generally opposite theCollector Road linking CarmichaelRoad and State Highway 2 (as shownon Structure Plan SP12).

19.8.1.4 Streetscene

All buildings on a site with frontage toCarmichael Road and State Highway 2 shall beset back 5 metres from the road boundary ofthe site. The provision of on-site parking shallnot be located within the required Streetscenesetback.

19.8.1.5 Space about Buildings

(a) All buildings shall be set back fromthe northeastern boundary of thezone in accordance with the NgatiKahu Papakainga Zone Plan showingZone setbacks.

(b) All buildings should be set back fromsite boundaries so as to provide:

(i) Side yards of at least 1.5mminimum dimension and a rearyard of at least 1.5m minimumdimension.

19.8.1.6 Overshadowing

All buildings shall be within a building envelopeof 2.7m height above ground level and aspecified angle into the zone.

(i) Up to and including 2 dwelling units or dwelling unit equivalents only (includes Ngati Kahu dwelling equivalents)

2.7m minimum width

(ii) 4 dwelling units, or up to 2 dwelling units that include any one permitted ancillary visitor accommodation facility per dwelling unit or equivalent as above

3m minimum width

(iii) 12 dwelling units or their equivalent, or up to 8 dwelling units that include any permitted ancillary visitor accommodation facility

6m minimum width provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries.

Note: See Rule 13.1.1 for the permitted intrusion into the2.7m minimum width only.

Note: Natural resource conditions may also apply (see Rule19.2.2).



For the purpose of this rule the angle into thezone shall be obtained from Appendix 19D:Overshadowing Rule - Angles and theinstructions contained there.

19.8.1.7 Visual Amenity - Signs

(a) The maximum height and area of anysign shall be:

(i) Free-standing sign:

(ii) Signs serving a residentialactivity and attached to abuilding:

(iii) Signs serving a non-residentialactivity and attached to abuilding:

(b) Any permitted sign shall relate only tothe permitted activities located on thesite

(c) Any illuminated sign shall bedesigned and operated in accordancewith Rule 19.2.1.12.

19.8.1.8 Traffic Safety and Convenience - Signs

No sign that is animated by means of movingparts or illuminated by means of flashing,blinking or moving lights or lasers shall belocated within 15m of an official traffic sign ortraffic-control device.

19.8.1.9 Noise and Disturbance

(a) Every activity, other than a residentialactivity shall be conducted to ensurenoise from the site shall not exceedthe following limits at any point within

the boundary of any other site in anyzone other than a Business Zone:

(b) Sound levels shall be measured inaccordance with New ZealandStandard NZS 6801:1991Measurement of Sound and assessedin accordance with NZS 6802:1991Assessment of Environmental Sound.

(c) Construction noise from the zoneshall meet the limits recommended inTable 1 of, and shall be measuredand assessed in accordance with,NZS 6803:1984 the Measurementand Assessment of Noise fromConstruction, Maintenance, andDemolition Work. Adjustmentsprovided in Clause 6.1 shall apply,and references in the Tables to"NZS6802" shall read as referencesto Clause 4.2.2 of NZS 6802:1991.

19.8.1.10 Exterior Lighting and Glare

(a) Every activity shall be conducted toensure artificial light spill from a zoneshall not exceed the followingluminance levels, at any point withinthe boundary of any other zone otherthan a Business Zone:

(b) Luminance levels in Rule19.8.1.10(a) shall be measuredvertically or horizontally anywherealong the affected site boundary inaccordance with professionalillumination engineering practice orany relevant New Zealand Standard.

(c) No illuminated or reflective sign shallproduce more than 1000 candelasper square metre for illuminatedareas less than 10m2 and 800candelas per square metre forilluminated areas equal to, or greaterthan, 10m2.

(d) Luminance levels in Rule19.8.1.10(a) shall be measured in

Maximum number 8 per zone

Maximum height 4m

Maximum sign area 1m2

Location Anywhere within the zone.

Maximum sign area per house 0.5m2

Maximum sign area 2.5m2

Note: Signs on State Highway road reserves are covered byTransit New Zealand's legal powers on that land.

0700 to 2200 hours: 45 dBA L10

2200 to 0700 hours: 35 dBA L10 and 55 dBA Lmax

Note: For Port noise see Rule 13.2.1.

0700 to 2200 hours: 25 lux

2200 to 0700 hours: 10 lux



accordance with The Institution ofLighting Engineers (United Kingdom)Technical Report No. 5 (SecondEdition) Brightness of IlluminatedAdvertisements (1991) or anyrelevant New Zealand Standard.

19.8.1.11 Dust

All areas in the zone used for vehicle parking,access, manoeuvring and loading or outdooractivities associated with any activity shall beformed and provided with an all-weathersurface before the activity starts.

19.8.2 Permitted Activity - Natural Resource Conditions

19.8.2.1 Natural Character: Coastal Environment and Natural Waterways

Within 20m inland of mean high water springsor 20m of the banks of the Wairoa River in theNgati Kahu Papakainga Zone


(a) The erection of any building orstructure.

(b) The clearance of more than 20m2 ofindigenous vegetation in any 12-month period.

(c) The removal, deposition ordisturbance of more than 20m3 ofearth in any 12-month period.

(d) The removal of any native tree.

Notwithstanding any other rule in the Plan, anypermitted activity that does not meet theseconditions shall be a discretionary activity.

19.8.3 Permitted Activity - Heritage Conditions

All development in the subzone within 20metres of a feature identified in Appendix 16A:Heritage Register or Appendix 16B: Register ofNotable and Landscape Trees shall be inaccordance with the provisions of Chapter 16Heritage Rules.

19.8.4 Permitted Activity - Hazard Conditions


No activity shall exceed a hazardoussubstances threshold of 0.05 (see Chapter 18Hazardous Substances Rules).


Activities shall meet the provisions of Chapter17 Natural Hazard Policy Area Rules, wherethese apply to the activity zone.

19.8.5 Permitted Activity - Physical Resource Conditions

19.8.5.1 Impacts on Natural Resources

Every activity in the zone shall be provided withservices in accordance with Rule 15.1.

19.8.6 Special Conditions

19.8.6.1 Permitted Subdivision

Permitted subdivisions may include the grant orreservation of easeme nts so each lot canfunction independently. 3 4

19.9 Ngati Kahu Papakainga Zone Controlled Activities: Subzone A

Any one or more of the following are controlledactivities where they do not contravene anycontrolled activity standards or terms:

(a) Subdivisions that are boundaryadjustments and relocations ofexisting titles

(b) Subdivisions to accommodate otheractivities

(c) Activities listed as controlled activitiesin Chapter 16 Heritage Rules

(d) Relocated dwellings

19.9.1 Controlled Subdivision Standards and Terms: Subzone A

19.9.1.1 Boundary Adjustments and Relocations of Existing Titles

The minimum area requirements shall not applyto a subdivision for the adjustment of relocationof boundaries provided no additional allotmentsare created and the subdivision complies withat least one of the following criteria:

3 Permitted subdivisions shall proceed only upon the issueof a Certificate of Compliance under Section 139 of theResource Management Act 1991.

4 Permitted subdivisions must comply with the provisions inChapters 13,14, 15, 16, 17 and 18 where relevant to thecircumstances of the subdivision.




(b) The adjustment or relocation ofboundaries will not lead to, norincrease the degree of, non-conformity of any existing lot(s) withthe subdivision provisions for thezone.



(i) An existing or proposed activityfor which a resource consenthas been granted or where theuse is not a permitted activity inthe Plan, but has beenotherwise lawfully established.

(ii) A network utility that complieswith the relevant rules inChapter 24 TransportationActivity and Other NetworkUtility Rules.

(b) Allotments shall be designed toensure that the principle use and allancillary buildings and activities canbe accommodated and fully serviced,that the use can comply with theconditions of any land-use consent,and, in the case of a network utility, isof sufficient size to allow any requiredlandscaping or amenity works. Thereis no minimum site area requirementfor an allotment provided thesubdivision complies with the generalrequirements for subdivision in Rule11.3.7.

19.9.1.3 Traffic Calming and Pedestrian and Cycle Links in the Ngati Kahu Papakainga Zone

(a) New roads, which are to function aslocal streets and culs-de-sac in theroading hierarchy, shall be designedand constructed to achieve a low-speed traffic environmentincorporating the use of physicalspeed-control devices:

(i) Where physical speed humpsare to be used, they shallgenerally conform to the Wattsprofile

(ii) Where road narrowing or"throats" are to be used, theyshall reduce the carriagewaywidth to not less than 4m

(iii) Where chicanes are to be used,they shall be landscape planted,used in pairs and incorporatedinto the general roadingalignment.

(b) All speed-control devices shall haveauthorised signs at each approachand shall have a streetlight above thedevice. Landscape planting shall below-growing to a height less than0.8m measured above thecarriageway level. Intrusions intotraffic lanes shall be marked byapproved reflective devices

(c) Where a subdivision creates newroads the subdivision shall bedesigned and constructed to providepedestrian and cycle links by way ofcycle lanes and footpaths to connectto any existing or proposedpedestrian and cycle links that adjointhe land being subdivided or whichare shown in the Urban Growth AreaStructure Plan (Section 8, Part C)within which the land is situated, orwhich will provide physical access toa neighbourhood reserve from anynew allotment.

19.9.1.4 Services

Every lot (including residential activities) in thezone shall be provided with services inaccordance with Rules 15.1 and 15.4 and shallmeet the relevant provisions of Rule 11.3.5.

19.9.1.5 Lots Served by a Shared Access

Dwelling units, dwelling unit equivalents andNgati Kahu dwelling unit equivalents that are tobe served by a shared legal access (privaterights-of-way, private accessway or levelaccess lot) shall be designed to take intoaccount Rule 19.8.1.3 having regard to thenumber of dwellings able to be served by theshared access under that rule. For thepurposes of this rule, two Ngati KahuKaumatua dwelling units constitute onedwelling.



19.9.1.6 Compliance with Urban Growth Area Structure Plans: Ngati Kahu Papakainga Zone

(a) Notwithstanding the subdivisionstandards and terms above, where asubdivision or development is locatedwithin the Ngati Kahu PapakaingaZone that subdivision or developmentshall provide the level of servicesdefined and shown on the relevantUrban Growth Area Structure PlanSP12 (Section 8, Part C) that arerelated to servicing that subdivisionor development, or are part of thenetwork of services required toservice that Urban Growth Area andwhich have been planned and costedin the Urban Growth Area StructurePlan and scheduled in Appendix 26A:Services Project Schedules.

(b) Minor amendment can be made to thedesign, layout and construction ofservices required by Rule 19.9.1.6(a),where the applicant provides writtenevidence to the Council at the time oflodging the application for resourceconsent, that persons or bodies whomay be adversely affected byproposed amendments have beenconsulted, and the reasons for theproposed amendments are clearlydocumented. In such cases, theapplication will be assessed underRule 19.3.2.1, as a non-notifiedapplication.

19.9.1.7 Ngati Kahu Papakainga Zone Controlled Subdivision - Matters of Control and Conditions: Subzone A

19.9.1.8 Assessment of Applications and Conditions

For all controlled subdivisions the matters overwhich Council reserves control are:

(a) The shape and orientation ofproposed allotments

(b) Landscaping within the subdivision

(c) Management or reservation ofriparian areas

(d) The provision of easements and theirlocation and type

(e) Geotechnical suitability of buildingplatforms before the erection of anystructures

(f) The design, alignment, layout andorientation of vehicle access toallotments, streets, cycleways,pedestrian footpaths and pedestrianaccessways between street blocks orto public reserve areas and/orpedestrian walkways to and throughthe subdivision area

(g) The provision of services to, andwithin, the subdivision, including thequality of stormwater discharges

(h) The management of the constructionand site works, including theprovision of a site management planto avoid or mitigate the adverseeffects from noise, dust, water and siltrun-off, and the clearance anddisposal of vegetation and spoil

(i) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules and the NgatiKahu special building impact feeprovisions

(j) Imposition of any conditions inaccordance with Sections 104, 108 or220 of the Resource Management Act1991 and Rule 11.4 of the Plan

(k) District-wide rules contained withinthe Plan (see Chapters 11 to 18)

(l) The design, layout and constructionof services infrastructure in relation toUrban Growth Area Structure Plans(see Section 8, Part C) having regardto the standards and terms in Chapter15.

(m) The management of notable trees,areas of indigenous vegetation andwetlands, including management ofinvasive pests associated with theseresources

19.9.2 Controlled Land-Use Activity Standards and Terms for

Note: Reference should also be made to Chapter 26Financial Contribution Rules and Rule .

Note: Reference should also be made to the Council's Codeof Practice for Development



Relocated Dwellings in the Ngati Kahu Papakainga Zone

19.9.2.1 Compliance with Permitted Activity Conditions

A relocated dwelling under this rule shallcomply with all relevant permitted activityconditions that would relate to a dwellingactivity listed under Rule 19.8.

19.9.2.2 Visual Amenity - Information about Reinstatement Works

A written report and plans shall be submittedwith each application that shall:

(a) State the condition of the building andthe nature of the proposed worksneeded to reinstate the externalappearance of the building and theproposed timetable to completeexternal reinstatement within sixmonths of the date of consent

(b) Provide such plans and elevations ofthe building as are necessary toillustrate the location of the buildingon the site and the likely externalmaterials and works to complete theexternal reinstatement

(c) Detail site restoration after relocationof the building, including drivewayformation works.


19.9.3.1 Assessment of Applications and Conditions for Relocated Dwellings - Ngati Kahu Papakainga Zone


(b) The timing and scope of proposedexternal reinstatement of worksrelated to:

(i) Repair and replacement of anyrotten or defective exteriorcladding

(ii) Provisions and installation ofnecessary baseboard groundfoundations

(iii) Repair and replacement of anybroken exterior windows

(iv) Repair and replacement ofbroken or damaged gutteringand damaged or corrodingroofing

(v) Exterior painting (including wallsand roof areas), excluding thecolour of the paint

(vi) Such other works as will ensurethat the building is notdangerous or unsanitary withinthe meaning of the Building Act1991.

(vii) Site restoration and drivewayformation.

(c) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules, or Rule .

(d) The information matters to which thewritten report and plans are to haveregard under Rule 19.9.2.2.

(e) Imposition of conditions relating tothe matters over which Council hasreserved control under this rule.

19.9.3.2 Non-Notification

The written approval of affected persons willnot be necessary in respect of applicationsmade under Rule 19.9.2 and applications neednot be notified.

19.10 Ngati Kahu Papakainga Zone Limited Discretionary Activities: Subzone A

The following are limited discretionaryactivities:

(a) Activities listed as permitted orcontrolled that do not comply with oneor more of the permitted activityconditions or controlled activitystandards and terms

(b) Activities listed as limiteddiscretionary activities within aNatural Hazard Policy Area (seeChapter 17 Natural Hazard PolicyArea Rules)


(d) Activities listed as permitted orcontrolled and required to provide



more than 25 on-site vehicle parkingspaces calculated in accordance withChapter 24 Transportation Activityand Other Network Utility Rules

(e) Visitor accommodation that does notcomply with the permitted activityconditions of the zone.


19.10.1.1 Non-Compliance with a Permitted Activity Condition or Controlled Subdivision Standards and Terms


(a) Whether the proposal would beconsistent with the objectives andpolicies for Residential Zones

(b) Actual or potential off-site effects ofthe non-compliance with the specifiedstandard on the surroundingenvironment or the pattern ofsubdivision, land use, roading orservices infrastructure in the locality

(c) District-wide rules contained withinthe Plan (see Chapters 11 to 18)

(d) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules and Rule 19.8.5.2.

(e) Imposition of conditions including theimposition of any conditions inaccordance with Section 108 or 220of the Resource Management Act1991 that would avoid, remedy ormitigate any adverse off-siteenvironmental effects arising from theactivity's non-compliance with thespecified standard, including theactual or potential adverse effects onresidents' health of locating dwellingsor educational facilities in closeproximity to the Rural Zone wherepesticides are likely to be applied toagricultural and/or horticulturalactivities.



(a) Whether the proposal will beconsistent with the objectives andpolicies of the Plan relating to"transportation" under Section 7.4and "traffic safety" under Section 3.1as may be applicable

(b) The matters to which the TrafficImpact Study is required to haveregard as set out in the Plan

(c) The imposition of any conditions thatwould avoid, remedy or mitigate anyadverse traffic effects arising from theproposal.

19.10.2 Limited Discretionary Activities - Standards and Terms for Activities Requiring more than 25 On-Site Vehicle Parking Spaces

19.10.2.1 Traffic Effects

A written Traffic Impact Study shall besubmitted with each application, which shallinclude the information required under Rule12.2.2 relevant to the traffic effects of theproposal to the surrounding road environmentand shall include the written comments of theauthority charged with administering theroad(s) that will provide access to the site.

19.10.3 Limited Discretionary Activities - Standards and Terms for Visitor Accommodation Activities


(a) The Council restricts the exercise ofits discretion to:

(i) The extent to which thedevelopment complementsresidential amenity values andresidential neighbourhoodcoherence and character,having particular regard to:

n The extent to which thedevelopment detracts fromor conflicts with themaintenance of primarilyresidential activities in theneighbourhood surroundingthe site

n The extent to which siteintensity, location of parkingand outdoor storagefacilities and building heightand bulk will result in



decreased access todaylight, decreased levelsof privacy and/or views foradjoining sites, or frompublic places

n How the proposeddevelopment compares inthe above respects, with themaximum residentialdevelopment intensityprovided for in the zone asa permitted activity

n The extent of any mitigationof adverse effects from on-site development intensityand scale, provided throughmeans such as increasedyard distances, provision ofscreening or landscapetreatment, externalappearance of buildings,location of access, egressand parking areas.

(ii) The extent to which the scale ofthe development is compatiblewith the size and shape of thesite, having particular regard to:

n The extent to which designand location of privateoutdoor space, commonspace and space betweenbuildings provides accessfor services on to andaround the site, retainsnatural features on andaround the site, andeffectively internalisesvisual dominance ofstructures within the site

n The effectiveness of anyproposed landscapetreatment for screening andsoftening the visualdominance of development


(iii) The extent to which theproposed buildings andassociated structures will becompatible with the scale of

other buildings on the site orwith buildings on other sites inthe adjoining area, havingparticular regard to:

n The ability to maintainvisual privacy betweenbuildings and the outdoorliving areas of adjacentsites

n The ability to maintaincompatibility with localresidential character whenviewed from adjoining sites,the street or other publicplaces


(b) In exercising the above discretion theCouncil shall also have regard to:

(i) Issue 3.1 (Adverse Effects ofthe Intensification of Activities),and its policies and objectives

(ii) Issue 3.2 (Residential AreaActivities and Development),and its policies and objectives

(iii) Issue 7.1 (Urban Form) and itspolicies and objectives

19.10.3.2 Public Services Infrastructure

(a) The Council restricts the exercise ofits discretion to the extent to whichthe capacity of public servicesinfrastructure serving the site canprovide for the expected demand onwater supply, wastewater andstormwater services without the needfor upgrading or extending theinfrastructure network, havingparticular regard to:

(i) How the proposeddevelopment's use ofinfrastructure resourcescompares with the maximumresidential developmentintensity provided for in thezone as a permitted activity



(ii) The extent to which any adverseor cumulative adverse effectscan be remedied or mitigated byon-site measures, or by afinancial contribution.

(b) In exercising the above discretion theCouncil shall have regard to:

(i) Issue 7.3 (Provision of LocalServices), and its policies andobjectives

(ii) Issue 9.1 (Provision andFunding of Services), and itspolicies and objectives.

19.10.3.3 Traffic Generation, Safety and Convenience

(a) The Council restricts the exercise ofits discretion to the extent to whichthe neighbourhood and adjacentstreet network can accommodateanticipated increases in trafficgenerated as a result of the activitieson the site, having particular regardto:

(i) The extent of adverse effectsfrom traffic noise, vibration,glare, fumes, congestion, on-street safety, on-street parking,on the local residentialneighbourhood amenity

(ii) The extent to which theoperation, function, safety andefficiency of the adjacentroad(s) is adversely affectedgiven:

n Their place in the roadinghierarchy

n Their role in providingamenity within the localresidential neighbourhood

n Their capacity whencompared to the maximumresidential developmentintensity permitted for thesite.

(iii) The extent to which any adverseor cumulative adverse effectscan be remedied or mitigated byon-site location of parking andloading areas, by site accessdesign and location, byrestricting hours of operation of

any on-site facilities, or byrestricting the hours for accessfor goods and services vehicles.

(b) In exercising the above discretion theCouncil shall have regard to Issue 7.4(Transportation) and its policies andobjectives.

19.10.3.4 Conditions that may be Imposed in Regard to Applications made under Rule 19.10.3 Visitor Accommodation

Conditions that may be imposed onapplications under Rule 19.10.3 may include,but are not limited to, any or all of the following:

(a) Alterations to building design, orlocation on the site, including locationof on-site parking areas

(b) Retention of vegetation or naturalfeatures on the site, and/or theprovision of a landscape planspecifying species and habit. Animplementation timeframe forlandscape planting may be applied orrequired, for the purpose of mitigatingidentified adverse effects

(c) Provision of screening or planting on-site or on accessways

(d) Requiring works and services toavoid, remedy, mitigate or offsetidentified adverse effects

(e) The imposition of a financialcontribution in accordance withChapter 26 Financial ContributionRules of the Plan and Rule

(f) The establishment of a BodyCorporate and/or the development oflegal covenants in favour of theCouncil for the purpose of ongoingmanagement of the site, buildingsand activities. Covenant details areto be lodged on the certificates of titlefor the property (including anyindividual or subsequent unit titles).This may include a covenant(pursuant to section 108 2(d) of theResource Management Act 1991)detailing that premises are to be usedexclusively for the purposes of visitoraccommodation. (All professionaland administrative or legal costsincurred are to be borne by theconsent applicant).



(g) Alterations to layout of parking areason-site, and/or vehicular access toand from the site

(h) Requiring a specified number ofparking spaces, or on-sitemanoeuvring areas, having regard tothe policies and objectives of Chapter24 Transportation Activity and OtherNetwork Utility Rules of the Plan andin consideration of cumulative effectsin the surrounding neighbourhood

(i) Restricting the number of visitoraccommodation units to be provided

19.11 Ngati Kahu Papakainga Zone Discretionary Activities: Subzone A

Discretionary activities are land-use orsubdivision activities that are not listed aspermitted, controlled, limited discretionaryactivities or prohibited activity.


Unless otherwise stated in the Plan, inconsidering an application for a discretionaryactivity under this rule, Council shall haveregard to the matters of assessment applicableto the proposed activity and the "example"conditions set out in Rule 11.4.

19.12 Ngati Kahu Papakainga Zone Permitted Activities: Subzone B

Any one or more of the following activities andthe erection of buildings or structuresassociated with any one of more of thefollowing activities are permitted activitieswhere they occur in the zone or area indicatedby a '"' in the table below and do notcontravene any permitted activity conditions, asdetailed in Rule 19.12.1 to 19.12.8.

ACTIVITY


Subzone BRecreation

Subzone BConservation



Signs

Transportation activities and other network utilities

Temporary activities and Temporary Commercial uses

Works for the purpose of maintaining fences, vegetation, access and associated structures

Cemeteries

Burial Grounds (urupa)

Clearance of exotic trees, bush and scrub of less than 500m2 in area or excavation of depositing of less than 50m2 of any material within a 12 month period except on a riparian margin.

Permitted activities on a heritage site

Wholesale plant nurseries (excludes sales of propagated plants to the public)



19.12.1 Permitted Activity Conditions

19.12.1.1 Amenity Conditions

(a) Building Height

The maximum height of any buildingin Subzone B shall be

(b) Building Scale

The maximum gross floor area of anybuilding in Subzone B shall notexceed:

(i) No more than two buildings arepermitted as permitted activitiesin Subzone B (Recreation).

(ii) No more than one building ispermitted as a permitted activityin Subzone B (Conservation).

19.12.2 Overshadowing

All buildings shall be within a building envelopeof 2m above ground level and a calculatedangle into the Subzone.

For the purpose of this Rule the angle into thesite shall be obtained from Appendix 22C.

19.12.3 Traffic Safety Convenience

Every activity in the Subzone shall provide onsite parking, maneuvering, loading and accessin accordance with the provisions of Chapter 24provided that any permitted activity orcombination of activities required to providemore than 25 on site vehicle parking spacescalculated in accordance with Chapter 24 is notdeemed to be a permitted activity in any zone.The screening of car parking areas is requiredand a plan depicting planting in this regard is tobe submitted to Council at the time of buildingconsent. The planting is to be to thesatisfaction of Council and must be maintainedin this manner in perpetuity.

19.12.4 Noise and Disturbance

All activities shall be conducted to ensure noisefrom the Subzone shall not exceed the

following noise limits at any point within theboundary of any residential or rural zoned site.

Sound levels shall be measured in accordancewith New Zealand Standard NZS 6801:1991Measurement of Sound and assessed inaccordance with NZS 6802:1991 Assessmentof Environmental Sound.

19.12.5 Natural Resource Conditions

19.12.5.1 Natural Character

On Subzone B no activity shall result in:

(a) The clearance of more than 20m2 ofindigenous vegetation in any 12month period;

(b) The removal, deposition ordisturbance of more than 10m3 ofearth in any 12 month period;

(c) The removal of any native tree;

(d) Site works exceeding an area of20m2 in any 12 month period;

(e) The use of machinery whenundertaking maintenance works.

19.12.5.2 Coastal Environment and Natural Waterways

Within:

(a) 20 metres inland of Mean High WaterSprings;

(b) 20 metres of the banks of the WairoaRiver;


(a) the erection of any building orstructure;

(b) The clearance of more than 20m2 ofindigenous vegetation in any 12month period;

(c) The removal, deposition ordisturbance of more than 20m2 ofearth in any 12-month period;

(d) The removal of any native tree.

Subzone B Recreation 9m

Subzone B Conservation 3.5m

Subzone B Recreation 150m2

Subzone B Conservation 50m2

0700 to 2200 hours: 55 dBA L10

2200 to 0700 hours: 45 dBA L10 65 dBA Lmax



19.12.6 Heritage Conditions

All development within the Subzone and within20 metres of a site identified in Appendix 16AHeritage Register or Appendix 16B Register ofNotable and Landscape Trees shall be inaccordance with Chapter 16 - Heritage Rules.

19.12.7 Hazard Conditions


No activity shall exceed a hazardoussubstances threshold of 0.05.


Activities shall meet the provisions of Chapter17 - Natural Hazard Policy Area Rules wherethese apply to a Subzone.

19.12.8 Physical Resource Conditions

19.12.8.1 Impact on Natural Resources

Every activity shall be provided with services inaccordance with Rule 15.1.

19.12.8.2 Contribution to Services

Every activity shall pay a contribution towardsthe provision of services in accordance withChapter 26 Financial Contribution Rules.

19.13 Ngati Kahu Papakainga Temporary Commercial Uses: Subzone B

19.13.1 Permitted Activity Conditions

(a) Temporary commercial use of land orbuildings in the Subzone is apermitted activity where anyindividual activity occurring on notmore than six consecutive days andfor all activities combined for notmore than 40 days in a calendar year.Rules 19.12.6 and 19.12.7 shall applywith all necessary modifications.

(b) Rule 11.3.3.1 shall apply to allactivities other than 11.3.1.(e) whichis modified by Rule 19.13.1(a) above.

19.14 Ngati Kahu Papakainga Zone Controlled Activities: Subzone B

Any one or more of the following are controlledactivities where they do not contravene anycontrolled activity standard or term:

(a) Subdivisions that are boundaryadjustments or relocations of existingtitles

(b) Subdivision to accommodatepermitted activities or activitiesgranted a resource consent inSubzone B.

19.14.1 Controlled Subdivision Standards and Terms: Subzone B

19.14.1.1 Boundary Adjustments and Relocation of Existing Titles

The minimum area requirements shall not applyto a subdivision for the adjustment or relocationof boundaries provided no additional allotmentsare created and the subdivision complies withat least one of the following criteria:


(b) The adjustment or relocation ofboundaries will not lead to, norincrease the degree of, non-conformity of any existing lot(s) withthe subdivision provisions for thezone.



(i) An existing or proposed activityfor which a resource consenthas been granted or where theuse is not a permitted activity inthe Plan, but has beenotherwise lawfully established.

(ii) A network utility that complieswith the relevant rules inChapter 24 TransportationActivity and Other NetworkUtility Rules.

(b) Allotments shall be designed toensure that the principal use and allancillary buildings and activities can



be accommodated and fully serviced,that the use can comply with theconditions of any land-use consent,and, in the case of a network utility, isof sufficient size to allow any requiredlandscaping or amenity works. Thereis no minimum site area requirementfor an allotment provided thesubdivision complies with the generalrequirements for subdivision in Rule11.3.7.

19.14.1.3 Controlled Subdivision - Matters of Control and Conditions

For controlled subdivision the matter overwhich Council reserves control are:

n District wide rules contained within thePlan (Chapters 11 - 18);

n Imposition of financial contributions inaccordance with Chapter 26;

n Imposition of any conditions inaccordance with the ResourceManagement Act 1991 (Sections 108and Rule 11.4 of the Plan)

19.15 Ngati Kahu Papakainga Zone Limited Discretionary Activities: Subzone B

The following are limited discretionaryactivities:

(a) Activities listed as permitted orcontrolled that do not comply with oneor more of the permitted activityconditions or controlled activitystandards and terms

(b) Activities listed as limiteddiscretionary activities within aNatural Hazard Policy Area (seeChapter 17 Natural Hazard PolicyArea rules)


(d) Activities listed as permitted orcontrolled and required to providemore than 25 on-site vehicle parkingspaces calculated in accordance withChapter 24 Transportation Activityand Other Network Utility Rules


19.15.1.1 Non-Compliance with a Permitted Activity Condition


(a) The imposition of conditions toensure that the environmental effectsof the activity are consistent with theobjectives and policies of the Plan.

(b) Actual or potential off-site effects ofthe non-compliance with the specifiedstandard on the surroundingenvironment.

(c) Imposition of financial contributions inaccordance with Chapter 26 FinancialContribution Rules.

(d) District-wide rules contained withinthe Plan.

(e) Imposition of conditions that wouldavoid, remedy or mitigate anyadverse on-site or off-siteenvironmental effects arising from theactivity's non-compliance with thespecified standard.



Whether the proposal will be consistent withthe objectives and policies of the Plan relatingto "transportation" under Section 7.4 and"traffic safety" under Section 3.1 as may beapplicable.

The matters to which the Traffic Impact Studyis required to have regard as set out in thePlan.

The imposition of any conditions that wouldavoid, remedy or mitigate any adverse trafficeffects arising from the proposal.

19.16 Limited Discretionary Activities - Standards And Terms For Activities Requiring More Than



25 On-Site Vehicle Parking Spaces

19.16.1 Traffic Effects

A written Traffic Impact Study shall besubmitted with each application which shallinclude the information required under Chapter12 Information Requirements relevant to thetraffic effects of the proposal to the surroundingroad environment and shall include the writtencomments of the authority charged withadministering the road(s) that will provideaccess to the site.

19.17 Ngati Kahu Papakainga Zone Discretionary Activities: Subzone B

A discretionary Activity is one that is not listedas a permitted, controlled or limiteddiscretionary activity.


Unless otherwise stated in the Plan, inconsidering an application for a discretionaryactivity under this rule, Council shall haveregard to the matters of assessment applicableto the proposed activity and the exampleconditions set out in Rule 11.4.





Appendix 19A: Reduced Levels of Maximum Height Plane Relative to Boundaries, Mount Maunganui High-Rise Policy Area

Indicative Elevation - Reduced Levels of Maximum Height Plane

38.5 Ceiling

Maximum Height Plane

Height at siteboundary

Height atsite

boundary

(5m allowance forMoturiki Datum)

TOWER

38.5

38.5

38.5

38.5

22.021.0

20.519.5

19.019.0

19.019.0

19.0

Marine Parade

Maunganui Road

Ada

ms

Ave

nue

Lein

ster

Ave

nue

Comm

ons

Aven

ue

23.525.0

26.528.0

29.531.0

33.5

36.538.5

38.5

38.5

38.5

38.5

38.5

38.5

38.5

35.5 33.030.5

29.0

26.0

22.021.0

20.519.5

19.019.0

19.019.0

19.0

NOTE:

All boundary heights taken from Moturiki Datum

For building intrusion exception above the maximum heightplane see the definition of height in Chapter 10

38.5

INDICATIVE ONLY:Not to Scale



Appendix 19B: Bulk and Location Controls for High-Rise Policy Area Sites - Maunganui Road

ROAD

35°

35°

35°35°

5mfrontyard

7.5mrear yard(above

9m high)

7.5m side yard(above 9m high)

High-Rise PolicyArea Boundary

3m side yard(up to 9m high)

5m rearyard

(up to 9mhigh)

ROAD ELEVATION

7.5m

3m

2.7m

9m45°

Maximumallowable height



Appendix 19C: Tauranga Hospital Site Layout

INDICATIVE ONLY:Not to Scale

CAMERON R

OAD

CLARKE S

TREET

AREA A

AREA B

20 TH AVENUE

17 THAVENUE

2m Landscape Strip

10m Building Setback

2m Landscape Strip

10m Building Setback

Existing vehicleaccess points:Cameron Road



Appendix 19D: Overshadowing Rule - Angles

Site Boundary

2.7m

Ground Level

Sector ABoundary (55o)

Sector B (45o)

SECTOR B(45o)

320o 40o

SECTOR A(55o)

N

STEPS TO DETERMINE OVERSHADOWING ANGLE

(a) Align indicator circle with true north on the site plan.(b) Place outside of the indicator circle to the inside of site boundary on site plan.(c) Read off the sector applicable to that boundary (determined by where the site boundary is at a

tangent to the indicator circle). Repeat process for each boundary excluding any road boundary.Note: Where the tangent is on the border of two sectors of the indicator circle, the lesser angle shall be used.



Appendix 19E: Stormwater Management Criteria - Pyes Pa WestThe following actions are implemented in theStructure Plan 13 area. These provisions willbe implemented through a variety ofmechanisms, including the District Plan,

Design Standards, and the process of grantingindividual development consents.

Number Tauranga City Council Provision Mechanism

1 The provisions of the Tauranga City Council Code of Practice for Development is a means of compliance with the standards of the District Plan.

District Plan,Code of Practice

2 Subdivision consent conditions applied to ensure that the provisions of this SWMP and consent are applied comprehensively to all developments on the Pyes Pa West Structure Plan area.

Subdivisional Consent

3 No building shall be located in the 50-year flood plain. District Plan and Subdivisional Consent

4 Where there is little risk of the flooding of dwellings the 50-year flood will be allowed to pass through the catchment with minimal detention, but where the risk to dwellings is significant there must be adequate measures taken to protect the at risk areas.

Code of Practice

5 All developments must provide a stormwater management plan demonstrating:n that their primary stormwater drainage discharges to an approved drainage system,

n how they will pass surface flows from above without causing erosion or flooding ofbuildings,

n how surface flows will be captured, or pass safely downstream,

n management of runoff peaks to downstream so they are no greater than from the pre-development catchment.

District Plan,Code of Practice,SWMP

6 The reduction of impervious areas should be promoted, particularly in the medium density areas. A maximum of 50% connected and a further 20% unconnected impervious area is recommended in residential areas, 70% total in the business areas and 20% in large-lot residential and reserve areas.

District Plan

7 The 50-year ARI flood peaks from each subcatchment/pond system are to be no greater than 50% of the pre-development peak runoff rates (i.e. existing pastoral land use). The 2-year ARI flood peaks shall be reduced to 30% of the pre-development peak runoff rates. These targets can be achieved through a range of measures including low impact design, flood detention ponds, in-stream attenuation areas, etc.

Code of Practice or District Plan Structure Plan provisions

8 Infiltration should be promoted by the use of swale drains in the flatter areas (1 - 5% average gradient).

Code of Practice

9 Best management Practice for sediment and contaminant removal is to be required on all development areas.Specific case-by-case measures may be necessary on business sites and roads. This would require developers to show that the potential adverse effects of their developments are managed.

District PlanSWMP

10 All stormwater treatment devices must have adequate access for maintenance purposes. Code of Practice, District Plan

11 Stream and riparian areas are to be enhanced with protection works and planting. District Plan, SWMP

12 All site developments (both subdivision earthworks and subsequent building excavations and earthworks) shall comply with the provisions of EBOP publication Erosion and Sediment Control Guidelines for Land Disturbing Activities, 2001/03.

District Plan

13 The education of the general public, property developers and contractors should be a focus for both Regional and District Council.

Councils

14 All on-line structures with natural channel upstream to provide for fish passage. Structure design to incorporate cascading weirs or other suitable permanent fish passage (for eels and inanga) into the outlet works of all in-stream structures.

Resource consent design and conditions

15 All structures in the Kopurererua Stream to be designed with adequate clearance in accordance with the requirements of the Transit New Zealand Bridge Design Manual



Appendix 19F: Circumstances in which Rule 19.2.1.5 (a)(i) can be infringed as a Permitted Activity

See Rule 19.2.1.5 (a)(ii) .

Subject Site Adjoining Site

New Building

Existing Building (Lawfully established

before 15 November 2003)

Where the new building is within the built profile of the existing building (lawfully established before 15 November 2003) in location and length on the common site boundary; this is a permitted activity with no neighbours consent required. Where there are existing buildings on more than one common site boundary this exemption can only be applied to one of the affected common site boundaries. This exemption applies to Rule 19.2.1.5 (a)(i) only, overshadowing and height provisions etc will continue to apply as per these permitted activity standards.



Appendix 19G: Example Outline Development Plan for Sites Less Than 3000m2 in the Pyes Pa West Urban Growth Area



Appendix 19H: Assessment Criteria Regarding Movement and Open Space Network in the Pyes Pa West Urban Growth Area

Appendix 19I: Assessment Criteria Regarding Design of Reserves in the Pyes Pa West Urban Growth Area

Tauranga District Plan Part B - Management Rules


Appendix 19J: Assessment Criteria Regarding Block Size and Allotment Type in the Pyes Pa West Urban Growth Area

Part B - Management Rules Tauranga District Plan


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