VV Rule 4.1 Residential Zone - Hamilton, New Zealand · Variation 13 – Decisions Version...

Variation 13 – Decisions Version (5/12/09)

Hamilton City Proposed District Plan

November 2009 Residential Zone Rule 4.1 - 1

Rule 4.1 Residential Zone

Rule Statement

The Residential Zone provides for a variety of residential and non-residential activities. All activities are

subject to standards, including height, setbacks from the boundary and outdoor living areas, to ensure

that the character and amenity of residential areas is protected.

Within the Residential Zone, three distinctive areas have also been identified for their different amenity

values. These are the High Density Area, Visitor Facilities Area, and Claudelands West Special

Character Area. Within these areas the standards differ from the general Residential Zone to protect

levels of amenity or to enable certain forms of development.

The High Density Area will be located near suburban commercial and neighbourhood centres, the

central city, tertiary education facilities and the hospital to provide for a wider range of residential

activities at higher densities to meet housing choice. Higher density development, particularly where

high rise apartment buildings are proposed, has the potential to impact adversely on the visual horizon

of the city. Specific attention will need to be given to building and on-site amenity, and its integration

with surrounding development.

The Visitor Facilities Area recognises an area already developed for visitor accommodation. The overlay

allows for visitor accommodation and associated activities like conference centres, bars and restaurants

to continue to develop in this area.

The Claudelands West Special Character Area recognises the special character and aims to protect the

area from further inappropriate development to ensure that the amenity and special character enjoyed

by residents is maintained and enhanced.

The residential zoning provisions for the Rotokauri Structure Plan Area are set out in Rule 4.1A.

Expected Outcome

A wide range of residential development and associated community, education, health and

recreational activities that meet the diverse and changing needs of the community are facilitated

within the Residential Zone, while maintaining the residential character and a high standard of

amenity.

Means of Compliance

The following rules shall be read in conjunction with all other rules in the plan, and in particular:

• The activity status and standards for this zone may be modified in accordance with rules in Rule

Section 2.0 where the land is within an Overlay.

• The rules for city-wide activities in Rule Section 3.0 apply in parallel to these rules.




• Any activity involving the subdivision and development of land shall be subject to the rules in Rule

Section 6.0.

• Any activity involving the subdivision and development of land in the Rotokauri Structure Plan

Area shall be subject to Rule Sections 6.0 and 4.1A.

The activity status of a Permitted or Controlled Activity may be altered from the activity list below

where the activity cannot meet one or more of the standards in this rule or the city-wide standards in

Rule Section 5.0. For clarification of activity status see Rule 4.1.14 – Failure to Meet Standards.

Regard must be had to all Objectives and Policies which may be relevant to any proposed activity

subject to this Rule. This includes, but shall not be limited to, Policy Sections 5.1 Residential Areas and

5.3 Community Facilities.

Resource consent for Restricted Discretionary activities pertaining to Managed Care Facilities under

Rule 4.1.1(c) will be processed without the need for public notification. Sections 95A(3) and (4) of the

Resource Management Act will apply.

4.1.1 Activities1

a) Permitted Activities

The following activities are Permitted Activities provided they comply with the standards in

Rule 4.1.2 and the relevant standards in Rule 4.1.3

• One detached dwelling per site (other than in the Claudelands West Special Character

Area)

• Ancillary Flat (other than in the Claudelands West Special Character Area)

• Accessory Buildings

• Home Occupations

• Informal Recreation and Ancillary Buildings

• Managed Care Facilities for no more than seven residents (calculated in accordance with

the definition of Managed Care Facilities) with exception of emergency housing where

the maximum number of residents is no more than ten. Residential Centres (other than

in the Claudelands West Special Character Area)

• Rest Homes

• Visitor Accommodation (in the Visitor Facilities Area).

b) Controlled Activities

The following activities are Controlled Activities provided they comply with the standards in

Rule 4.1.2 and the relevant standards in Rule 4.1.3, and will be controlled in respect of the

matters identified.

• Second and subsequent detached dwellings on a site (other than in the Claudelands West

Special Character Area)

1 ENV-2008-AKL-000403 [former rule 4.1.1 e]




- with respect to site and building layout and design; parking, loading and access

• Detached dwellings (in the Claudelands West Special Character Area)

- with respect to site and building layout, design and appearance; parking, loading and

access.

• Ancillary Flat (in the Claudelands West Special Character Area)

- with respect to building design and appearance

• Apartment Buildings (in the High Density Area and the Visitor Facilities Area)

- with respect to site and building layout and design; parking, loading and access

• Community Centres

- with respect to site and building layout and design; parking, loading and access; hours

of operation

• Comprehensive Residential Development (other than in the Claudelands West Special

Character Area)

- with respect to site and building layout and design; parking and access

• Education and Training Facilities


of operation

• Health Care Services


of operation

• Offices


of operation

• Places of Assembly (in the Visitor Facilities Area)


of operation

• Relocated Buildings

- with respect to the reinstatement of the building

• Restaurants (in the Visitor Facilities Area)


of operation

• Visitor accommodation (other than in the Visitor Facilities Area)

- with respect to site and building layout and design; parking and access; hours of

operation.

c) Restricted Discretionary Activities

The following activities are Restricted Discretionary Activities provided they comply with the

specific standards in Rule 4.1.3 and 4.1.2 j), l), m), n), o):




• Dairies

- with discretion restricted to cumulative effects, building siting and design, site layout,

vehicular provision and signage.

• Managed Care Facilities for 8 – 10 residents (calculated in accordance with the

definition of Managed Care Facilities) excluding Emergency Housing.

- with discretion restricted to effects of the activity on residential amenity of the

neighbouring properties and public safety, vehicular traffic, access and parking,

proximity to other Managed Care Facilities, the cumulative effects, site layout,

preparation of a Comprehensive Management Plan.

d) Discretionary Activities

The following activities are Discretionary Activities:

• Apartment buildings (other than in the High Density Area and the Visitor Facilities Area)

• Comprehensive Residential Developments (in the Claudelands West Special Character

Area)

• Residential Centres (in the Claudelands West Special Character Area)

• Managed Care Facilities for 11 or more residents (calculated in accordance with the

definition of Managed Care Facilities) including Emergency Housing

• Marae

• Papakainga

• Places of Assembly (other than in the Visitor Facilities Area)

• Any Permitted or Controlled Activity provided for in the Suburban Centre Zone but only

where the site is contiguous with land in that zone.

• On the land described as Lots 1, 2, 3, 4 and 5 DPS 16910 apartment buildings exceeding

12.5 metres in height, where such buildings comply with the standards in Rule 4.1.3 h).

e) Non-Complying Activities

The following activities are Non-Complying Activities:

• Any activity not provided for above.

4.1.2 General Standards

The following general standards apply to all Permitted and Controlled Activities.

a) Density

The minimum area of land required in respect of each residential unit shall be as follows:

Activity Residential Zone

Residential Zone –

Claudelands West

Special Character

Area

Residential Zone

–

High Density

Area & Visitor

Facilities Area

Detached dwellings

Detached dwellings

400m2 per unit

600m2 in total for both

600m2 per unit

(net site area)

350m2 per unit

(net site area)




with an Ancillary Flat

Relocated dwellings

dwelling and ancillary flat

400m2 per unit

(net site area)

Comprehensive

residential development

(Refer to Rule 4.1.3 a)

300m2 per unit

(unit site area)

Discretionary

Activity - See Rule

4.1.1 c)

300m2 per unit

(unit site area)

Apartment buildings Discretionary Activity -

See Rule 4.1.1 c)

Discretionary

Activity - See Rule

4.1.1 c)

150m2 per unit

(average site

area)

b) Site Coverage

Maximum amount of the site which can be covered by buildings is as follows:

Residential Zone - Claudelands 35% of net site area

West Special Character Area

Residential Zone 40% of net site area

Residential Zone - High Density Area and

Residential Zone - Visitor Facilities Area 50% of net site area

c) Building Height

i) Maximum height of buildings (except in the Residential High Density Area) shall be 10m.

(See Figure 4.1–1).

ii) Maximum height of buildings in the Residential High Density Area shall be 12.5m. (See

Figure 4.1-1).

d) Height in Relation to Boundary

No part of any building shall protrude through a height control plane rising at an angle of 28°

between northwest (315°) and northeast (45°) and a angle of 45° in all other directions and

commencing at an elevation of 3m above ground level at any boundary (See Figure 4.1-2a &

b)

Except that:

• For sites within the High Density Area and Visitor Facilities Area, an angle of 28o between

northwest (315o) and northeast (45o) commencing at a height of 3m above the boundary,

shall only apply where any boundary meets the boundary of the Residential Zone.

• Where there are two or more dwellings on the same site, the height control plane shall be

measured at a line midway between the two dwellings rising at an angle of 45o and

commencing at a height of 3m above ground level at the midway line.

• Where a boundary adjoins a road or access, the 45o vertical angle commencing at a

height of 3m above the boundary shall apply to the affected boundary.

e) Setback from Road Boundary




i) Buildings (except accessory buildings and within the Claudelands West Special Character

Area) shall be set back from the road boundary as follows (see Figure 4.1-3):

Frontage to local and collector roads 3m

Frontage to arterial roads 5m

ii) Within the Claudelands West Special Character Area, all buildings (including accessory

buildings) shall be set back 5m from the road boundary.

iii) Buildings located within the front setback shall not extend more than 6m or 33% of the

length of that boundary, whichever is greater.

iv) Provided that no part, either fixed or moving, of any accessory building shall project over

any part of the road reserve, accessory buildings shall be set back from the road boundary

as follows:

Garages and carports with the vehicle door facing the street

8m (arterial and

collector roads)

0m (other roads)

Garages and carports with the vehicle door at right angles to the

street

0m

Other accessory buildings 3m

f) Other Setbacks

i) Minimum building setback from side and rear boundaries is 1.5m (See Figure 4.1-3).

ii) Setbacks may be reduced where:

• buildings on adjoining sites are attached, no setback is required along that part of the

boundary covered by such a wall; or

• the written consent of the owners and occupiers adjoining the relevant setback or

setbacks is obtained.

g) Separation Distances and Privacy

i) Where two or more buildings, excluding accessory buildings, are located on the one site,

no eave of a building shall be located closer than 3m from the eave of another building.

ii) A balcony or window of a habitable room at upper-floor level shall be set back 5m from

any boundary, excluding the road boundary or adjoining an accessway, any entrance strip

with a width of 6 meters or less, or any right of way, private way or access lot (See Figure

4.1-4).

iii) Where buildings are attached, no setback is required between those buildings.

iv) Separation distances may be reduced where:

• windows are at an angle of 60o or greater to the boundary; or

• window sill height from the finished upper-floor level is 1.7m; or

• opaque or obscure glazing is provided; or

• written consent from the owners and occupiers of the adjoining property is obtained.




h) Outdoor Living Area

i) Each residential unit shall be provided with an outdoor living area which:

• shall be for the exclusive use of the residential unit

• shall be readily accessible from a living area of a unit

• shall be free of driveways, manoeuvring areas, parking spaces, accessory buildings and

service areas.

ii) Each residential unit shall be provided with an outdoor living area with a minimum area

and dimensions as follows:

Residential Zone & Residential

Zone – Claudelands West

Special Character Area

Residential Zone - High

Density Area & Residential

Zone – Visitor Facilities

Area

Activities

Minimum

area (per

unit)

Minimum

dimensions

Minimum

area (per

unit)

Minimum

dimensions

Detached dwellings,

Relocated dwellings

and Comprehensive


60m2

Capable of

containing a

6m diameter

circle

40m2 Capable of

containing a

6m diameter

circle

Ancillary flats 12m2 2.5m width 12m2 2.5m width

Apartment buildings - - 12m2 2.5m width

iii) Where there are four or more residential units on a site, the outdoor living space may be

combined to provide a communal outdoor living area. The communal area:

• shall be accessible to all units

• shall have a minimum dimension of not less than 4m

• shall be capable of containing a circle of not less than 8m in diameter.

iv) The Communal Outdoor Living Area shall have a minimum area which shall be equal to

the required area of outdoor living areas as follows: (eg. 4 x 60m2 = 240m²)

Activity 4-10 units 11-20 units 21+ units

Detached dwellings;

Relocated dwellings and

Comprehensive

Residential development

(In Residential Zone and

any Residential Zone –

Area)

60m² per unit 40m² per unit 25m² per unit

Apartment buildings

(In Residential Zone &

Residential Zone –

Discretionary

Activity - See Rule

4.1.1c)

Discretionary

Activity - See

Rule 4.1.1c)

Discretionary Activity

- See Rule 4.1.1c)




Claudelands West Special

Character Area

Apartment buildings

(In Residential Zone -

High Density Area &

Residential Zone - Visitor

Facilities Area)

12m² per unit 12m² per unit 12m² per unit

i) Service Areas

i) Each residential unit shall be provided with a service area with a minimum area and

dimensions as follows:

Activity Minimum area

(per unit)

Minimum dimension

Detached dwellings and Comprehensive


20m2 3m

Apartment buildings and ancillary flats 10m2 2.5m

ii) Any building housing an activity below shall be provided with a service area with a

minimum area and dimensions as follows:

Activity Minimum Area (per

building)

Minimum Dimension

Community Centres

Education and Training Facilities

Health Care Services and Offices

10 m²

2.5m

j) Noise

Activities shall comply with Rule 5.1.

k) Parking, Loading and Access


l) Planting and Screening


m) Lighting and Glare


n) Smoke, Fumes, Dust and Odour





o) Building Restrictions along Roads


4.1.3 Specific Standards

The following standards apply to the activities specified below.

a) Comprehensive Residential Development

Minimum site size shall be 2000m².

b) Ancillary Flat

i) There shall be no more than one ancillary flat on a site.

ii) Maximum gross floor area shall be 60m².

iii) The outdoor living area for an ancillary flat shall not be included as part of the outdoor

living area provided for the principal residential building on site.

c) Relocated Buildings

External reinstatement of any relocated building shall be carried out and completed within six

months of the date of placement of the relocated building on its new site.

d) Residential Centres Rest Homes

i) Maximum occupancy shall be 10 people, inclusive of staff per site.

ii) The maximum density for Residential Centres Rest Homes shall be:

• One person per 75m2 of net site area in the Residential Zone; or

• One person per 50m2 of net site area in the Residential Zone (High Density Area).

iii) An Outdoor Living Area shall be provided which:

• Shall be for the exclusive use of the occupiers; and

• Shall be readily accessible for all occupiers; and

• Shall be free of driveways, manoeuvring areas, parking spaces, accessory buildings and

service areas; and

• Shall have a maximum area of impermeable surfaces not exceeding 60% of the

Outdoor Living Area.

Each Residential Centre Rest Homes shall be provided with an Outdoor Living Area which

shall be provided communally with a minimum area and dimensions as follows:

• 12m2 per person; and

• A minimum dimension of not less than 4 metres; and

• Capable of containing a 6 metre diameter circle.




Upper floor decks wider than 1,000mm can be included in the calculation of the Outdoor

Living Area, but not less than 60% of the Outdoor Living Area shall be provided at

ground level.

iv) A service area shall be provided with a minimum area and dimensions as follows:

• A minimum area of 20m2; and

• Minimum dimensions of 3 metres.

Except where a fully equipped laundry (both washing and drying machines) are provided

in the Residential Centre Rest Homes, then the minimum area can be reduced to 16m2

and minimum dimension reduced to 2 metres.

e) Visitor Accommodation

i) Maximum occupancy for visitor accommodation outside the Visitor Facilities Area shall be

12 guests.

ii) Visitor accommodation outside the Visitor Facilities Area shall not provide for the sale of

liquor through an ancillary facility such as a bar or restaurant.

f) Home Occupations

i) The gross floor area of the principal or accessory building used for a home occupation

shall not exceed 30% of the total gross floor area.

ii) At least one person, including the principal operator of the home occupation, shall

reside on the site.

iii) Activities shall not be operated so as to attract pedestrian or vehicular traffic between

the hours of 2200hr and 0700hr the following day.

iv) Nuisances, including smoke, noise, dust, vibration, glare or other noxiousness or

danger shall not result from the activity.

v) No exterior indication of the activity, including the display or storage of materials, shall

be visible from outside the site, except for permitted signage.

vi) Retailing from the site shall be limited to goods produced or substantially produced on

the site.

g) Community Centres, Education and Training Facilities, Health Care Services, Offices

i) Maximum gross floor area for Community Centres, Education and Training Facilities,

Health Care Services, Offices shall be 250m².

ii) Activities shall not be operated so as to attract pedestrian or vehicular traffic between the

hours of 2200hr and 0700hr, the following day.

iii) Nuisances, including smoke, noise, dust, vibration, glare or other noxiousness or danger

shall not result from the activity.

iv) No exterior indication of the activity, including the display or storage of materials, shall be

visible from outside the site, except for permitted signage.




v) Education and Training Facilities shall not have their vehicular access to or from a major

arterial road.

h) Apartment Buildings higher than 12.5 metres on Lots 1, 2, 3, 4 and 5 DPS 16910 where

pursuant to Rule 4.1.1 c)

i) The maximum height of development shall not exceed 30 metres.

ii) The maximum density of development shall not exceed one household per 150 m2 of net

site area.

iii) The maximum site coverage of all buildings over the site shall not exceed 50% of the net

site area.

iv) Each Residential Unit in an Apartment Building shall be provided with an outdoor living

area which:

• Shall be for the exclusive use of the Residential Unit;

• Shall be readily accessible from a living area of a unit;

• Shall be free of driveways, manoeuvring areas, parking spaces, accessory buildings

and service areas;

• Shall have a minimum area per unit of 12 m2 and a minimum dimension of 1.5 m in

width; and

• Each building containing residential accommodation shall be provided with service

areas as follows:

- a minimum service area of 10 m2 with a minimum depth of 2.5 m located at

ground floor level and readily accessible to that residential accommodation.

- the service area shall be maintained with an all weather dust free surface.

i) Dairies

i) Where there is a residential element included as part of the development the

relevant provisions of 4.1.2 General Standards and 4.1.3 Specific Standards shall

apply.

ii) Maximum gross floor area to be used for retail 100m2

iii) Minimum building setback from side or rear boundaries is 5m

iv) Service Area

Any building shall be provided with a service area as follows:




• The total service area shall be not less than 10m2 or 1% of the gross floor

area of the building whichever is the greatest with a minimum dimension

of 2.5m

• A service area may be located within a building provided that it is

separately partitioned with an exterior door directly accessible by service

vehicles

• Any outdoor storage area shall be maintained with an all-weather dust free

surface

• No outdoor display of goods

v) Hours of operation 0700hr – 2200hr

vi) Dairies must locate on corner sites, bounded by roads along two boundaries.

j) Managed Care Facilities

i) The residents of the properties immediately adjoining the site shall be advised in writing

as a minimum of the pending establishment of the managed care facility and given

information regarding the type of care to be provided and be provided with contact

person details.

ii)_ The maximum density for a Managed Care Facility shall be:

• One person per 100m² of net site area in the Residential Zone or

• One person per 50m² of net site area in the Residential Zone (High Density Area)

iii) An Outdoor Living Area shall be provided which:

• Shall be for the exclusive use of the occupiers; and

• Shall be readily accessible for all occupiers; and

• Shall be free of driveways, manoeuvring areas, parking spaces, accessory buildings and service areas; and

• Shall have a maximum area of impermeable surface not exceeding 35% of the Outdoor Living Area.

• Shall be provided with a screen, wall or fence along that part of any site boundary adjoining the outdoor living area in order to screen the area from abutting properties

Each Managed Care Facility shall be provided with an Outdoor Living Area which shall be provided communally with a minimum area and dimensions as follows:

• 20m² per person; and

• A minimum dimension of not less than 4 metres; and

• Capable of containing a 6 metre diameter circle.

Upper floor decks wider than 1,000mm can be included in the calculation of the

Outdoor Living Area, but not less than 60% of the Outdoor Living Area shall be

provided at ground level.

iv) A service area shall be provided with a minimum area and dimensions as follows:




• A minimum area of 20m²; and

• Minimum dimensions of 3 metres.

Except where a fully equipped laundry (both washing and drying machines) are

provided in the Managed Care Facility, then the minimum area can be reduced to 16m²

and minimum dimension reduced to 2 metres.

(v) Staff providing supervision for managed care facilities accommodating eight or more

residents shall be present on site at all times that residents are in occupation.

vi) No part of any site to be used as a Managed Care Facility shall be located within

150m radius of an existing Managed Care Facility for which a resource consent

was required for its establishment or operation unless the facilities are separated by

the Waikato River, an arterial road or proposed arterial road, railway lines, or a gully

system that is subject to Rule 2.1 Environmental Protection Overlay (refer to Figure

4.1-6).

vii) No part of any site or premises to be used as a Managed Care Facility shall contain a

secure unit.

K) Comprehensive Management Plan for Managed Care Facilities accommodating 8-10

residents

A comprehensive management plan shall be prepared and provided to Council, at a

minimum addressing the following matters:

• Proposed number of residents including children and proposed recordkeeping of

occupancy details;

• Outline need for containment and/or detention of any residents; and methods to be

used;

• Expected length of stay by residents;

• The number of staff to be employed and their hours of attendance;

• The arrangements for any live-in staff;

• The anticipated number of visitors per week;

• The measures to be adopted to address public safety matters associated with the facility;

• The measures to be adopted to minimise noise, privacy intrusion and other disturbance

to neighbours;

• Regular and emergency contact arrangements to enable neighbours and other non-

occupants to make prompt and effective contact when necessary;

• Response plans for possible emergency situations;

• Arrangements for regular liaison with surrounding community and other measures to

assist community confidence and interaction with the facility.

4.1.4 Failure to Meet Standards

a) For activities (other than Managed Care Facilities which are subject to Rules 4.1.4(b) and (c)

below) which do not comply with one or two standards in Rule 4.1.2 and Rule 4.1.3 with the

exception of the standards in Rule 4.1.2 k) in respect of Residential Centres and Rule 4.1.3,

with the exception of the standards in Rule 4.1.3 d) i) Maximum Occupancy, ii) Density of




Occupation, and iii) Outdoor Living Area are Restricted Discretionary Activities with discretion

restricted to the subject matter of the standard that cannot be met; provided that where any

Apartment Building on Lots 1, 2, 3, 4 & 5 DPS 16910 fails to meet the standards in Rule 4.1.2

c) ii) it shall be a Discretionary Activity.

b) Managed Care Facilities which do not comply with one or two of the standards in Rule 4.1.3j)

(i), (ii), (iii) or (iv) are Restricted Discretionary Activities with discretion restricted to the subject

matter of the standard that can not be met. Activities which do not comply with the standard

in Rule 4.1.2 k) in respect of Residential Centres and/or with any standard in Rule 4.1.3 d) i)

Maximum Occupancy, ii) Density of Occupation, or iii) Outdoor Living Area in the Residential

Zone and the Residential Zone (Visitor Facilities Area) are Discretionary Activities, but where

the activity occurs in the Residential (High Density Area) they are Restricted Discretionary

Activities.

c) Managed Care Facilities which do not comply with the standard in Rule 4.1.2k) and/or with

any standard in Rule 4.1.3 j) (v), (vi) or Rule 4.1.3 k) are Discretionary Activities and will be

assessed in accordance with Rule 4.1.6 a) and g)

c)d) Activities (excluding Managed Care Facilities) which do not comply with three or more of the

standards in Rule 4.1.2 and Rule 4.1.3 are Discretionary Activities.

de) Dairies that do not comply with one or more standards in Rule 4.1.3 i) are a Discretionary

Activity.

f) Managed Care Facilities which do not comply with the standard in Rule 4.1.3 j) (vii) are Non

Complying Activities.

Performance Assessment

In determining any resource consent, Council shall have regard to the expected outcome for this rule,

to any related objectives and policies, and to the following.

4.1.5 Performance Outcomes – Controlled Activities

In assessing a resource consent for a Controlled Activity, Council can impose conditions on the

following matters.

a) Site and Building Layout and Design

i) Developments should be of a compatible scale, form and design to surrounding

residential developments.

ii) The development should be designed to minimise any adverse effects on adjoining

residential activities, especially visual privacy, access to sunlight and daylight.

iii) Residential developments should create a high standard of amenity and privacy for

residents through the design and location of outdoor living areas on the site or communal

outdoor living areas.




iv) Buildings and activities should be designed and located to minimise any adverse effects,

including noise, dust, fumes and glare.

v) Parking and outdoor storage areas associated with any non-residential activity should be

screened to protect the residential amenity of the locality.

vi) The site should have the ability to provide for gardens and tree planting around the

buildings and retain on-site mature vegetation.

vii) The site should be of an adequate size and frontage to accommodate the activity, off-

street parking and planting.

viii) The location and design of outdoor activity areas (such as children’s playgrounds) should

mitigate adverse effects (eg. noise, disturbance and privacy) for neighbouring residential

properties.

b) Parking, Loading and Access

i) Vehicular traffic generated by any activity should be accommodated without loss of

amenity, safety or causing traffic congestion.

ii) Entrance and exit points and drop off zones shall be designed and located to allow safe

and efficient movement on to and off the road.

iii) The location and design of parking, loading spaces and driveways are to be located to

protect the aural and visual amenity of adjoining sites.

c) Hours of Operation

i) The activity should not affect the amenity of neighbouring residents, especially the ability

to sleep at night.

ii) Vehicle and pedestrian movements to and from the site should be compatible with the

amenity of the surrounding residential area.

d) Reinstatement of Relocated Buildings

The reinstated exterior of any relocated building shall be such that it is not likely to detract

from the amenity of the residential neighbourhood.

Consent applications for relocation of buildings as a controlled activity in the residential zone

shall be processed without public notification and without the need for consent of potentially

affected persons or service of notice of the application on those persons.

e) Building Design and Appearance within the Claudelands West Special Character Area

i) Development should maintain the characteristic setback of buildings from the road and

maintain the high levels of permeable area within the front setback.

ii) The design of new buildings should be compatible with the materials, form, height and

bulk of any surrounding housing constructed before 1939.

iii) Structures such as fences and walls within the front setback of sites should maintain the

high level of visibility between the dwellings and road.




iv) Mature trees and vegetation should be maintained in the front yard to enhance the

streetscape.

f) Noise

i) The scale of the activity, in particular the number of people on site should be controlled to

ensure that noise levels do not effect residential neighbours.

ii) The extent to which the proximity of outdoor living areas and the main living areas on

adjoining properties will result in noise levels which are unreasonable in the residential

environment.

4.1.6 Assessment Criteria – Restricted Discretionary and Discretionary

Activities

Restricted Discretionary Activities will be assessed in respect of the specific subject matter

identified or the standard with which the activity was unable to comply.

Discretionary Activities will be assessed against, but not limited to, the assessment criteria

below.

a) General Criteria

i) Regard shall be had to any relevant Performance Assessment for a Controlled Activity and

for general rules.

ii) The extent to which the development is compatible with the size of the site.

iii) The extent to which site size would have any adverse effects on neighbouring properties,

having regard to the intended character of the area.

iv) The extent to which a reasonable degree of amenity is achieved on the site being

developed.

v) The extent to which the amenity and appearance of an existing building would be

compromised by the proposed development.

vi) The extent to which a development could have an adverse effect on the consistency and

amenity of the area and or the presence of mature vegetation.

vii) The relationship between the scale of any buildings on the site and existing residential

development.

viii) The impact of the development on the scale, character and open space of the

surrounding residential area.

ix) The extent to which the proposal would result in the loss of sunlight and daylight to

adjoining sites.

x) Any adverse effects on adjoining sites of the proximity of buildings, window, balcony in

terms of reduced privacy.

xi) The effects on heritage items, protected significant trees or sites of archaeological, historic

and cultural significance on the site.




xii) The extent to which proposed parking or outdoor storage area will detract from the

pleasantness and attractiveness of the site when viewed from an adjoining site.

xiii) The ability to remedy or mitigate any adverse effects of the activity by the layout or

design of the site or buildings, or by the provision of planting or screening.

xiv) The extent to which vehicular traffic generated by any activity can be accommodated

without a loss of safety or efficiency of the road network or without loss of residential

amenity.

xv) The adequacy of car parking on the site and its location in relation to the neighbouring

residential activities.

xvi) The ability of the activity to mitigate noise, dust, glare, vibration, fumes, smoke, odours or

other discharges or pollutants.

xvii) Any positive impacts to the neighbourhood or the wider community, including the extent

to which the activity might enhance the amenity of the area.

xviii) Any cumulative effects from the activity, whether on its own or in combination with other

activities in the area; in particular other Residential Centres on a site adjacent to the

proposed activity, or already established in the neighbourhood.

xix) The extent to which the intensity of occupancy of the site has an adverse effect on the

character and amenity of the residential environment.

b) Extension of Activities from the Suburban Centre Zone

i) Regard shall be had to the relevant assessment criteria in Rule 4.2.

ii) The extent to which additional commercial development is integrated into the suburban

centre and its amenity values.

iii) Whether the impacts on residential amenity values in the surrounding area can be

minimised.

c) Activities in the Claudelands West Special Character Area

i) The extent to which the proposed building will be of a scale, form, and style which are in

keeping with or sympathetic to the detached dwellings in the area constructed before

1939.

ii) Whether building intrusion into the front setback affects the streetscape character of the

area and maintains the characteristic setback.

iii) The ability to provide opportunities for garden and tree planting within the front setback.

iv) The extent to which the site layout of detached dwellings is consistent with those

dwellings and sites initially developed before 1939.

d) Apartment Buildings higher than 12.5 metres

i) The ability to provide residential accommodation close to major employment or education

facilities.




ii) The extent to which the design of the proposed building avoids a “box” like structure

with a blank façade.

iii) The extent to which the proposed development provides suitable balconies, landscaping

and on-site amenities for the use of occupants.

iv) The extent to which the development avoids or mitigates any adverse effects on the

amenity of the local area in terms of overshadowing, wind funnelling and the obstruction

of daylight and sunlight to existing property.

v) The extent to which the development is compatible with the amenity, heritage or open

space values of the area.

vi) Whether the site, given its size, shape, frontage, topography and existing use can

adequately accommodate the development and its associated parking, servicing and

landscaping.

vii) Whether the development would be an intrusive feature in terms of the street scene, local

neighbourhood and city skyline.

viii) The form, mass, proportion and materials should reflect the fact that the building will be

an important element in the landscape.

e) Dairies

i) Whether the building is designed to complement the residential character of the area,

with particular regard to streetscape and views from adjoining neighbours and

maintaining residential amenity

ii) The location of car parking and service areas to ensure safe operation of the road network

and avoid disturbance to adjoining residential properties.

iii) Whether the cumulative effects of the dairy together with other non-residential activities

would result in a change to the residential character of the neighbourhood

iv) The number, location and intensity of any signage provided and whether this is

complementary to a residential environment

v) Whether the site can adequately accommodate the dairy, any associated residential

activity, parking, planting, service areas and signage whilst ensuring that the building

would not dominate the streetscene.

f) Residential Centres

i) the extent to which the scale, form, proportion and materials to be used in the construction of the building is compatible with the design and external appearance of residences in the neighbourhood.

ii) the extent to which the density of persons on the site is compatible with that of the surrounding neighbourhood.

iii) the extent to which a cluster of residential centres in the one street or within the immediate area is avoided.

iv) the extent to which the site is landscaped with trees and shrubs. In general one third of the net site area should be landscaped.




v) The extent to which the setback from the front boundary is landscaped with trees and shrubs.

g) Managed Care Facilities

i) Content of any management plan shall be in accordance with 4.1.3 k) ii) Whether the area of the site and its shape, frontage and topography can adequately

accommodate the facility and its associated parking, landscaping and outdoor living areas.

iii) The extent to which the facility has a scale, form and external appearance which is in keeping

with the surrounding residential area.

iv) Whether adequate provision has been made for a grassed/permeable outdoor living area. The

size of the outdoor living area would be determined by the number of residents on the site and, as a guide, 20m2 per person should be provided.

v) Whether the cumulative effects of clustering of Managed Care Facilities would result in

changing the residential character of the neighbourhood.

vi) The extent to which vehicular traffic associated with the Managed Care Facility can be

accommodated without adversely affecting the road network and the amenity values of adjoining properties.

vii) Whether adequate provision has been made to protect the visual and acoustic privacy of

abutting sites.

viii) Whether the proposed staffing levels adequately provides the required supervision of the

residents at the Managed Care Facility to avoid disturbance to adjoining residential properties.

ix) Whether adequate provision has been made to address matters of public safety.




Figure 4.1-1 Height




Figure 4.1-2a Height in Relation to Boundaries




Figure 4.1-2b Height Control Plane




Figure 4.1-3 Measurement of Setbacks




Figure 4.1-4 Privacy and Separation Distances




Figure 4.1-5 Privacy and Separation Distances – Windows at

an Angle of 60°°°° or greater to the Boundary




Figure 4.1-6 Clustering Radius Diagrams – Managed Care Facilities




Appendix 4.1 – I Claudelands West Special Character Area

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