Property Details

Address:
16 Galileo Street NGARUAWAHIA (Ref No: 06281/489.00)

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Property Zoning Details

Policy
Waikato River Catchment
Zone
Residential
Entire District
Zone_WaikatoSection
Living (Waikato)(Operative Plan)

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Policies That Apply to This Property

12.1 Introduction to rules

(a)Section C of the district plan contains the rules. Rules are one of the methods of achieving the objectives and implementing the policies set out in Section B of the district plan.

(b)Rules describe activities (land use and subdivision), the activity status and the conditions that must be complied with to meet the specified activity status. These terms are explained in this chapter.

(c)The rules in Section C that are highlighted in green have immediate legal effect in accordance with s86B of the Resource Management Act 1991.

(d)Chapter 13 contains all the definitions that are used in the rules within Section C. The definitions form part of the rules and are identified by underlining and are also hyperlinked in ePlan.

(e)Chapter 14: Infrastructure and Energy and Chapter 15: Natural Hazards and Climate Change (Stage 2 of the district plan review) apply across the whole district.

(f)There is a chapter of rules for each zone (Chapters 16 – 28). The order of text in each chapter is:

(i)Introduction (for some zones only);

(ii)Land Use – Activities Rules;

(iii)Land Use – Effects Rules;

(iv)Land Use – Building Rules; and

(v)Subdivision Rules.

(g)The spatial area of each zone is shown on the planning maps. As well as zones, there are various policy areas (such as Landscape Policy Area), sites/features (such as Historic Heritage buildings) and designations marked on the planning maps. These are referred to where relevant in the rules in each zone chapter. Every part of the district (except for roads) is in one zone and the zones do not overlap.

(h)Roads appear white on the planning maps and are not zoned. Rules relating to activities occurring in the road corridor are set out Chapter 14: Infrastructure and Energy.

(i)Lakes and rivers appear with a blue shading to assist users with orientation. Although the rivers and lakes are not given a zone shading, they are in a zone. All waterbodies are zoned Rural, except for Lake Hakanoa and Lake Puketirini, both of which are zoned Reserve and have reserve management plans applying to them.

(j)The district plan regulates activities on the surface of rivers, lakes and other waterbodies. Activities are subject to the zone rules that apply. The Waikato Regional Plan regulates any structures in, on, under or over the beds of lakes and rivers, and may also be required to obtain resource consent under the Waikato Regional Plan.

(k)Natural hazards are managed throughout the district through a suite of natural hazard overlays identified on the planning maps and provisions contained in Chapter 15. Assessment matters related to natural hazards also occur in the zone chapters.


12.2 Categories of Activities

(a)Rules determine whether resource consent is required for a particular activity. The Resource Management Act provides categories of permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited activities for every land use or subdivision. The following table shows the order and summarises the meaning of these categories.

Activity class

Rule

Comments

No consent required

Permitted

Activity is permitted if it complies with all the:

(i)Land Use – Effects Rules;

(ii)Land Use – Building Rules; and

(iii)Conditions listed in the 'Activity-specific conditions' column of the rule table.

No resource consent is required.

However, approvals may be required under other legislation, such as a building consent under the Building Act or a resource consent under the provisions of the Waikato Regional Plan.

There is no provision for subdivision as a permitted activity.

Consent required

Controlled

Activity is controlled if the activity is listed and complies with conditions for a controlled activity specified in the rule table.

The Council must grant consent. Consent conditions may be imposed on matters over which control is reserved, as listed in the rule table.

The Council may refuse to grant a controlled activity subdivision if the provisions of s106 of the Resource Management Act apply.

Restricted discretionary

Activity is restricted discretionary if the activity is listed, and the activity complies with conditions specified for a restricted activity specified in the rule table.

The Council may grant or decline consent. Assessment of the application is restricted to matters over which discretion is restricted in the rule table.

If granted, the Council may impose conditions on the consent, but only for those matters over which discretion is restricted.

Discretionary

Activity is discretionary if the activity is listed, and the activity complies with conditions specified for a discretionary activity specified in the rule table.

The Council may grant or decline consent. The consent may be granted with or without conditions. The Council will assess the application on the full range of matters without limitation.

Non-complying

Activity is non-complying if stated in the rule table.

The Council may grant or decline consent. The application can only be granted if Council is satisfied that the requirements of s104D of the Resource Management Act are met.

If the consent is granted it may be granted with or without conditions. The application will be assessed on a full range of matters without limitation.

No consent possible

Prohibited

Activity is prohibited if it is listed in the rule table.

No application can be made for a prohibited activity and Council must not grant a consent.

12.3.1 Additional matters

  1. The following matters are additional matters over which control has been reserved for all controlled activities, and to which discretion has been restricted for all restricted discretionary activities, and will also apply with respect to discretionary and non-complying activities.
    1. bonds or covenants or both, to ensure performance or compliance with any conditions imposed, including provision for variation, cancellation or renewal of covenants;
    2. administrative charges to be paid to the Council in respect of processing applications, administration, monitoring and supervision of resource consents, as set out in the Fees and Charges Schedule of the Long Term Plan;
    3. a requirement that the holder of a consent supply information relating to the exercise of the consent, as detailed in s108(3) and (4) of the Resource Management Act;
    4. works or services to ensure the protection, restoration or enhancement of any natural or physical resource, including the creation, extension or upgrading of services and systems, planting or replanting, or any other works or services necessary to ensure the avoidance, remediation or mitigation of adverse environmental effects;
    5. the duration of a resource consent under s123 of the Resource Management Act;
    6. lapsing of a resource consent under s125 of the Resource Management Act;
    7. change and cancellation of a consent under s126 and s127 of the Resource Management Act;
    8. notice that some or all conditions may be reviewed at some time in the future under s128 of the Resource Management Act;
    9. whether any land use or subdivision consent should attach to the land to which it relates and be enjoyed by the owners and occupiers for the time being under s134 of the Resource Management Act;
    10. the matters on which conditions can be imposed on subdivision consents under s220 of the Resource Management Act; and
    11. consent notices to secure compliance with continuing conditions under s221 of the Resource Management Act.

12.4 Rule Tables

(a)Land Use - Activities, Land Use - Effects, Land Use - Building and Subdivision rules are in separate tables with a similar format.

(b)The prohibited activities are listed at the start of the Land Use – Activities rule table and within the Subdivision rule table.

(c)The format of rule tables is shown in the following table. Each row of the rule table presents rules on activities or buildings/facilities. The left-hand column contains the activity number and the middle column states the activity, building or facility. The right-hand column contains the conditions that the activity must comply with to meet the activity status.

(d)An activity is permitted if the conditions stated are met. If the activity does not comply with the conditions, look further down the column to see which category of consent is required. The column states if the activity is controlled, restricted discretionary, discretionary or non-complying.

(e)The rule table format for permitted activities is described in the following table:


Activity

Activity-specific conditions

This column contains the rule number

This column describes the activity

This column states the conditions that must be satisfied for the activity to be a permitted activity

(f)The rule table format for controlled and restricted discretionary activities is described in the following table:

Activity

Activity-specific conditions

This column contains the rule number

This column describes the activity and the conditions that must be satisfied for the activity to be a controlled or restricted discretionary activity

This column states the matters of control or the matters of discretion that will apply to the assessment of the application

(g)The rule table format for Land Use – Effects and Land Use – Building rules is described in the following table. Where a number of different effects or building rules apply (such as for noise and earthworks), there are ‘navigation’ rules before the table to assist.

This column contains the permitted activity rule number

This column describes the activity and standards that apply to a permitted activity

This column contains the activity rule number and activity status

This column specifies the area of non-compliance with a permitted activity standard

12.5 How to find out if a resource consent is needed

(a)To determine if an activity is provided for by the plan, or is provided for in a certain area, users of the plan should take the following steps.

(i)Step 1 – Check the zone that applies

A.Begin with the planning maps. Locate the relevant property on the zone map and determine its zoning.

(ii)Step 2 – Confirm if any notation, overlay or designation applies

A.Use the planning maps to confirm whether the property has any special feature, natural hazard overlay,or designation applying to it. Make a note of map notations relevant to the land you are interested in.

(ii)Step 3 – Confirm the activity status

A.Go to the zone rules chapter for the zone your site or property is located in.

B.Determine whether the activity is a prohibited activity, by reading the prohibited activity rule at the start of the chapter. If it is prohibited, then the activity is not permitted and no resource consent application can be considered.

C.If the activity is not prohibited, read through the permitted activity rules to determine if your activity is permitted. Look at all the rules that are relevant, including rules on policy areas,naturalhazards(Chapter 15), notable trees, heritage items or other special features, to see if one of these applies to your property. Note the contents of these, including any conditions.

D.If your activity complies with all conditions for permitted activities in activity table, and the Land Use – Effects and Land Use – Building rules, then your activity is permitted and may be undertaken without resource consent. To obtain council confirmation that your proposed development is a permitted activity, you may apply to the Council for a Certificate of Compliance.

(ii)Step 4 – Apply for resource consent

A.If any condition stated for a permitted activity is not complied with, you must obtain resource consent from the Council.

B.Look within the following activity tables, which state the category of resource consent required (controlled, restricted discretionary, discretionary or non-complying).

C.After each Land Use – Effects and Land Use – Building rule, look within the table to determine the category of resource consent required.

D.If you are not sure, contact the Council’s planning staff, who are available to help you. If more than one condition is not complied with, the whole of the activity will be assessed against the highest activity category that applies.

E.Decide if you want to apply for resource consent. You may prefer to redesign your proposal to fit the permitted activity conditions.

F.If you want to apply for consent, consider whether you need professional advice to prepare your application. Council staff can assist by providing application forms and general advice on the requirements of the plan, but cannot write the application for you.

14.1 Introduction

(1)The provisions within thisInfrastructureand Energy chapter of the district plan shall apply across the district in all the zones and overlays in the district plan. The zone chapters and their associated overlays, objectives, policies and rules do not apply toinfrastructureand energy activities unless specifically referred to within this Infrastructure and Energy chapter.The provisions of the Natural Hazards and Climate Change chapter (Chapter 15), and associated natural hazard overlays identified in the planning maps, apply to activities in the Infrastructure and Energy chapter.

(2)Thisinfrastructuretopic includes the land transport networks, network utilities operations, and electricity generation (including renewable electricity sources) and transmission. It should be noted that this chapter also contains a number of rules (such as on-site car parking and stormwater management) relating to district-wide land development activities; and as such these particular rules should be read in conjunction with the relevant zone chapters where applicable.

(3)TheIdentified areaswithin the activity tables below covers the following areas and items identified within this plan:

    1. Urban Expansion Area
    2. Significant Natural Area
    3. Outstanding Natural Feature
    4. Outstanding Natural Landscape
    5. Significant Amenity Landscape
    6. Outstanding Natural Character
    7. High Natural Character
    8. Heritage Precinct
    9. Heritage Items
    10. Maaori Sites of Significance
    11. Maaori Areas of Significance
    12. Notable Trees

(4)In the activity tables within this chapter, the letters below mean the following:

    1. P = Permitted Activity
    2. C = Controlled Activity
    3. RD = Restricted Discretionary Activity
    4. D = Discretionary Activity
    5. NC = Non-Complying Activity
    6. N/A = Not Applicable

(5)Where relevant, the requirements of theNational Code of Practice for Utility Operators’ Access to Transport Corridorswill apply to the placement, maintenance, improvement and removal of utility structures in roads (or unformed roads).

(6)The requirements of theResource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009('NESETA')apply directly to the operation, maintenance, upgrading, relocation or removal of transmission line(s) that were operating or able to be operated on or before 14 January 2010 and remain part of theNational Grid. In the case of conflict with any other provision of this plan, including any provision in the activity table in this section, theNESETAprovisions shall prevail.

(7)TheResource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2016('NESTF')provides national consistency in the rules surrounding the deployment of telecommunicationsinfrastructureacross New Zealand. This means that many telecommunications facilities may potentially be deployed as a permitted activity. However, telecommunications facilities which do not comply with the conditions within theNESTF, or are not covered by the regulations of theNESTF, will have the activity status specified in this plan.

This chapter is organised into the following rule sections:

14.2Rules applying to allinfrastructure

14.3Generalinfrastructure

14.4National Grid

14.5Electrical distribution

14.6Electricity generation

14.7Liquid fuels and gas

14.8Meteorological

14.9Amateur radio

14.10Telecommunications and radiocommunications

14.11Water, wastewater and stormwater

14.12Transportation

14.2.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply to allinfrastructurethroughout the district.

Activity

Activity-specific conditions

P1

Newinfrastructure

14.2.1.1

(1)Any newinfrastructureactivity and associated structures listed as a permitted activity within Chapter 14 must meet all of the following conditions:

(a)Not exceed 10m2in area above-ground;

(b)Not exceed 2.5m inheight;

(c)Comply with theheightin relation toboundarylimits for the zone in which it is located;

(d)Comply with theheightin relation toboundarylimits for the adjoining zone, if located in road or unformed road;

(e)Not exceed the relevant noise limits that are applicable to that zone, when measured at the nearestboundary of thesite;

(f)Any other relevant conditions applying to that activity listed withinRules 14.3–14.12.

(2) The conditions inRule 14.2.1.1(1)do not apply to:

(a)Activities with specific conditions relating to area,height,location and noise listed elsewhere withinRules 14.3–14.12;

(b)Roads or other lineal transport networks;

(c)Road network activities, which include lighting and signage structures; and

(d)Activities subject toNational Environmental Standards Telecommunication Facilities 2016.

P2

Construction noise

14.2.1.2

(1)Construction, maintenance, repair, replacement, upgrading or removal ofinfrastructureor the installation of newinfrastructuremust comply withNZS 6803:1999 Acoustics – Construction noise.

P3

Any activity emitting electric and magnetic fields

14.2.1.3

(1)Compliance with theInternational Commission on Non-ionising Radiation Protection Guidelines for limiting exposure to time varying electric and magnetic fields (1Hz – 100kHz) (Health Physics, 2010, 99(6); 818-836)and the recommendations fromtheWorld Health Organisation monograph Environmental Health Criteria (No. 238, June 2007).

P4

Any activity emitting radio frequency fields

14.2.1.4

(1)Radio frequency fields must not exceed the maximum exposure level of the general public in theNew Zealand Standard for Radiofrequency Fields Part 1: Maximum Exposure Levels 3 kHz to 300GHz (NZS 2772.1: 1999)measured at all places reasonably accessible to the general public.

14.2.2 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.


Activity

Matters of Discretion

RD1

Newinfrastructurethat does not comply with one or more of the conditions ofRule 14.2.1.1

Discretion is restricted to:

(a)The functional and operational needs of, and benefits derived from, theinfrastructure;

(b)Visual, landscape, streetscape and amenity effects;

(c)Noise levels.

RD2

Construction noise that does not comply withRule 14.2.1.2

Discretion is restricted to:

(a)Effects on amenity values;

(b)Hours of construction;

(c)Noise levels;

(d)Timing and duration; and

(e)Methods of construction.

14.2.3 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Anyinfrastructurenot specifically listed within Chapter 14, including associatedearthworks, not located within anIdentified Area.

14.2.3 Non-Complying Activities

  1. The activities listed below are non-complying activities.

NC1

Any activity that does not comply with the electric and magnetic field emissions standard inRule 14.2.1.3

NC2

Any activity that does not comply with the radio frequency fields standard inRule 14.2.1.4.

NC3

Anyinfrastructurenot specifically listed within Chapter 14, including associatedearthworks, located within anIdentified Area.

14.3.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the District.

Activity

Activity-specific conditions

P1

The operation, maintenance, repair and removal of existinginfrastructure

Nil

P2

Minor upgrading of existing infrastructure

14.3.1.1

(1)The realignment, configuration, relocation or replacement ofinfrastructureand associated structures that meet all of the following conditions:

(a)Are within 5m of the existing alignment or location;

(b)Do not increase theheightof any existing pole or support structure by more than 15%;

(c)Do not increase the diameter (width) of any existing pole or support structure by more than 15%;

(d)Do not increase the diameter of any existing above-ground pipe by more than 15%; and

(e)Do not increase the area of any existing above-ground structure by more than 15%.

(2)Alterations and additions to overhead electricity and telecommunication lines on existing poles or support structures involving any of the following:

(a)The addition of conductors to form a twinned or duplex-pairing;

(b)The reconductoring of the line with higher capacity conductors;

(c)The resagging of conductors;

(d)The addition of longer, more efficient insulators;

(e)The addition of earth wires (which may contain telecommunication lines), earthpeaks and lightning rods;

(f)The addition, replacement or relocation of transformers;

(g)The addition, replacement or relocation of circuits and conductors;

(h)The addition or replacement of telecommunication lines and fittings;

(i)The replacement of existing crossarms with crossarms of an alternative design;

(j)The increase in voltage of electric lines up to 110kV; or

(k)The installation of mid-span electricity poles in existing networks to address clearances inNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663 (NZECP34:2001).

(3)The addition, replacement or relocation of existing antennas where:

(a)The antennas shall not increase in area by more than 20% of the relevant permitted standard for new antennas; and

(b)The antennas shall not increase inheightby more than 20% of the relevant permitted standard for new antennas.

(4)Earthworksactivities associated with theminor upgrading of existing infrastructuremust comply with the conditions ofRule 14.3.1.3.

(5)Theminor upgrading of existing infrastructuremust not remove any tree identified inSchedule 30.2.

(6)Any trimming of a tree identified inSchedule 30.2associated with theminor upgrading of existing infrastructuremust be undertaken in accordance with the conditions ofRule 14.3.1.4.

P3

Temporary infrastructure

14.3.1.2

(1)Installation and operation oftemporary infrastructurethat meets all of the following conditions:

    1. Anybuildingsand/or structures must be removed from thesiteon completion of the works;
    2. The ground must be reinstated on completion of works; and
    3. The activity, including the requirements ofRule 14.3.1.2(1) (a) and (b),must not exceed 12 months in total.

P4

Earthworks activities associated withinfrastructure

14.3.1.3

(1)Anyearthworksassociated withinfrastructuremust comply with all of the following conditions:

(a)Do not exceed a volume of more than 2,500m3for any single activity;

(b)Do not exceed an area of more than 2,500m2for any single activity;

(c)Within 10m of a watercourse or 20m ofmean high water springsdo not exceed a volume of more than 5m3and an area of more than 5m2for any single activity;

(d)Erosion and sediment controls are implemented and maintained to retain sediment on thesiteof theearthworksactivity;

(e)Allfill material used must becleanfill;

(f)Areas exposed byearthworksactivities are to be recontoured and replanted within 6 months of the commencement of theearthworks;

(g)Earthworksshall not obstruct or divert any stormwater overland flow path or result in changed stormwater drainage patterns on anothersite;

(h)     Earthworks are not located within any Historic Heritage sites identified withinAppendix 30.1.

(2)Rule 14.3.1.3(1)(f)does not apply toearthworksrequired to establish a foundation or surface that will ultimately be sealed or constructed upon.

(3)Earthworks associated with infrastructure inLandscapeandNatural Character Areasmust not:

    1. Exceed 1.5m in height in relation to the cut or fill batter face; and
    2. Use imported soil, other than the placement of aggregate/metal on any access track or in association with laying underground infrastructure; and
    3. Disturb or move more than 50m3or exceed an area of 250m2in aSignificant Amenity Landscapesand dune over any consecutive 12 month time period; and
    4. Disturb or move more than 50m3or exceed an area of 250m2in a High orOutstanding Natural Character Areaof the coastal environment over any consecutive 12 month time period; and
    5. Disturb or move more than 50m3or exceed an area of 250m2in anOutstanding Natural FeatureorOutstanding Natural Landscapes over any consecutive 12 month time period.

P5

Trimming, maintenance or removal of vegetation or trees associated withinfrastructure

14.3.1.4

(1)Any trimming, maintenance or removal of vegetation or trees associated withinfrastructurethat meet all of the following conditions:

(a)No tree identified inSchedule 30.2is removed;

(b)Any required trimming of a tree identified inSchedule 30.2is either:

(i)To remove dead, dying, or diseased branches and the tree work is undertaken by aworks arborist; or

(ii)The maximum branch diameter does not exceed 50mm at severance and no more than 10% of live foliage growth is removed over any consecutive 12 month time period.


Note:
Trees in and around electrical assets are required to be in accordance with theElectricity (Hazards from Trees) Regulations 2003.

P6

Pipe and cable bridge structures for the conveyance of electricity, telecommunications, water, wastewater, stormwater and gas

14.3.1.5

(1)Pipe and cable bridge structures that meet all of the following conditions:

(a)Do not exceed 25m total length;

(b)Do not exceed 1m width;

(c)Do not exceed 1m depth;

(d)Are not located in anIdentified Area.

P7

Electric vehicle chargers

14.3.1.6

(1)Electric vehicle chargers that meet all of the following conditions:

(a)Do not exceed maximumheightof 1.8m each;

(b)Do not exceed a maximum area of 1.5m2each;

(c)Have a socket connection, or a fitted cable-management accessory;

(d)Have at least one formed car park (in accordance with the relevant requirements ofTable 14.12.5.11) per connection or charging cable if thesite is located outside the road;

(e)Are not located in anIdentified Area.

P8

Service connections

14.3.1.7

(1)There is no connection to an area, façade or item specifically listed inSchedule 30.1.

P9

Minor infrastructure structure

P10

Closed-circuit television (CCTV) systems attached to existingbuildings and structures

P11

Signage associated withinfrastructure
required for health and safety or asset identification purposes and/or required by legislation

Nil

P12

Service connections forsubdivision

14.3.1.8

(1)All new lots created as part of asubdivision other than autility allotment,access allotmentor reserve allotment, must be designed and located so that provision is made for access andservice connectionsup to theboundaryof the lot for:

(a)Wastewater;

(b)Water supply;

(c)Stormwater (a management system that complies withRule 14.11.1.1);

(d)Electricity supply;

(e)Telecommunications that is hard-wired or wireless; and

(f)Vehicle access that complies withRule 14.12.1.1.

(2)Rule 14.3.1.8(1)(a)does not apply to anyallotment that is served by a site-contained wastewater system in accordance withRule 14.11.1.3.

(3)Within all zones, except the Rural and Country Living Zones, the water supply required underRule 14.3.1.8(1)(b)must be adequate for fire fighting purposes.

14.3.2 Controlled Activities

  1. The activity listed below is a controlled activity.

Activity

Activity-specific conditions

Matters of control

C1

Subdivision to create autility allotmentfor accommodatinginfrastructure

14.3.2.1

(1)Is undertaken by anetwork utility operatoras defined by theResource Management Act 1991; and

(2)Is forinfrastructurepermitted under Chapter 14; or

(3)Is forinfrastructurethat has all necessary resource consents granted or notices of requirement confirmed.

Control is reserved over:

(a)The adequacy of theallotmentfor its intended use;

(b)Whether any easement is required.

(c)Measures to avoid or mitigate natural hazards, including liquefaction risk (refer to Chapter 15).


14.3.3 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.
  2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Minor upgrading of existing infrastructurethat does not comply with one or more of the conditions ofRule 14.3.1.1which are relevant to the activity proposed

Discretion is restricted to:

i.The functional and operational needs of, and benefits derived from, theinfrastructure;

ii.Visual, streetscape and amenity effects;

iii.Road network safety and efficiency;

iv.Management of sediment and dust, including the staging of works;

v.The volume, extent and depth of theearthworksactivities;

vi.The location of theearthworksactivities, taking into account any effects on the values, qualities and characteristics of thesite;

vii.Any flood or land stability risks;

viii.Visual, landscape and amenity effects;

ix.Whether alternative methodologies avoiding the need to affect any tree identified inSchedule 30.2have been adequately considered.

RD2

Earthworksassociated withinfrastructurethat do not comply with one or more of the conditions ofRule 14.3.1.3

Discretion is restricted to:
  1. Management of sediment and dust, including the staging of works;
  2. The volume, extent and depth of theearthworksactivities;
  3. The location of theearthworksactivities, taking into account any effects on the values, qualities and characteristics of thesite;
  4. Any flood or land stability risks; and
  5. Visual, landscape and amenity effects.

RD3

Trimming, maintenance or removal of vegetation or treesthat does not comply with one or more of the conditions ofRule 14.3.1.4

Discretion is restricted to:
  1. The extent of the works required;
  2. Effects on the values, qualities and characteristics of any tree identified inSchedule 30.2;
  3. Whether alternative methodologies avoiding the need to affect the tree(s)/vegetation have been adequately considered.

RD4

Pipe and cable bridge structures for the conveyance of electricity, telecommunications, water, wastewater, stormwater and gas:

(a)That do not comply with one or more of the conditions ofRule 14.3.1.5; or

(b)Are located withinIdentified areas

Discretion is restricted to:

  1. The functional and operational needs of, and benefits derived from, theinfrastructure;
  2. Visual, streetscape and amenity effects,
  3. Public safety;
  4. Effects on the values, qualities and characteristics of any Identified Area.

RD5

Electric vehicle charging stations located:

(a)That do not comply with one or more of the conditions ofRule 14.3.1.6; or

(b)Are located withinIdentified areas

Discretion is restricted to:

  1. The functional and operational needs of, and benefits derived from, theinfrastructure;
  2. Visual, streetscape and amenity effects;
  3. Road network safety and efficiency;
  4. Public safety;
  5. Effects on the values, qualities and characteristics of any Identified Area.

RD6

The following activitiesthat does not comply withRule 14.3.1.7:

(a)CCTV systems attached to existingbuildings and structures

(b)Service connections

(c)Minorinfrastructurestructures

Discretion is restricted to:
  1. The functional and operational needs of, and benefits derived from, the activity; and
  2. Effects on the specific values, qualities and characteristics of the item specifically listed inSchedule 30.1.

14.3.4 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Activities and permanent structures or facilities located within road or unformed road not provided asroad network activitiesunderRule 14.12.1

D2

Temporary infrastructurethatdoes not comply with one or more of the conditions ofRule 14.3.1.2

D3

Access andservice connectionsforsubdivision thatdo not comply with one or more of the conditions ofRule 14.3.1.8

D4

Subdivision to create autility allotmentfor accommodatinginfrastructurethatdoes not comply with one or more of the conditions ofRule14.3.2.1

14.4.1 Permitted Activities

  1. The following activities are permitted activities within theNational Grid Yardif they meet the activity specific conditions set out in this table. These rules apply throughout the District.

Activity

Activity-specific conditions

P1

Buildings, structures and sensitive land uses within theNational Grid Yardin existing Residential or Village Zones as of 18 July 2018

14.4.1.1

(1)Within theNational Grid Yardin the Residential or Village Zone:

(a)Buildingalterations and additions to an existingbuildingor structure for asensitive land usethat does not involve an increase in thebuildingheightor footprint;

(b)Newbuildingsand structures that are not for asensitive land use;

(c)Infrastructure(other than for the reticulation and storage of water for irrigation purposes) undertaken by anetwork utility operatoras defined in theResource Management Act 1991.

(2)Allbuildings or structures permitted byRule 14.4.1.1(1)must:

    1. Comply with theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663under allNational Gridtransmission line operating conditions;
    2. Locate a minimum of 12m from the outer visible foundation of anyNational Gridtower and a minimum 12m from any pole and associated stay wire, unless it is one of the following:
      1. A buildingor structure where Transpower has given written approval in accordance with clause 2.4.1 of theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663;
    3. The maximumheightof fences are 2.5m within 5m from the nearestNational GridPole or 6m from the nearestNational GridTower.

P2

Buildings, structures andsensitive land use within theNational Grid Yardin all other zones as of 18 July 2018

14.4.1.2

(1)Within theNational Grid Yardin the Business, Industrial, Country Living, Heavy Industrial, Rural, Town Centre Business, Hampton Downs Motorsport and Recreation, Tamahere Business, Te Kowhai Airpark, or Reserves Zone:

(a)Buildingalterations and additions to an existingbuildingor structure that does not involve an increase in thebuildingheight or footprint; or

(b)Infrastructure(other than for the reticulation and storage of water for irrigation purposes) undertaken by anetwork utility operatoras defined in theResource Management Act 1991; or

(c)Non-habitablebuildingsor structures forfarmingactivities in rural zones (but not including anyintensive farmingbuildings, commercial greenhouses and milking/dairy sheds); or

(d)Yards for milking/dairy sheds; or

(e)Artificial crop protection and support structures.

(2)Allbuildings or structures permitted byRule 14.4.1.2(1)must:

(a)Comply with theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663under allNational Gridtransmission line operating conditions; and

(b)Locate a minimum 12m from the outer visible foundation of anyNational Gridtower and locate a minimum 12m from any pole and associated stay wire, unless it is:

    1. Abuildingor structure where Transpower has given written approval in accordance with clause 2.4.1 of theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663; or
    2. Fences; or
    3. Artificial crop protection.

(3)The maximumheightof fences are 2.5m within 5m from the nearestNational Grid pole or 6m from the nearestNational Gridtower.

(4)Artificial crop protection and support structures between 8m and 12m from a single pole support structure and any associated guy wire (but not tower) must:

(a)Meet the requirements of theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663for separation distances from the conductor;

(b)Be maximum 2.5m high;

(c)Be removable or temporary, to allow a clear working space of at least 12 metres from the pole when necessary for maintenance and emergency repair purposes;

(d)Allow all-weather access to the pole and a sufficient area for maintenance equipment, including a crane.

P3

Earthworksactivities within theNational Grid Yard

14.4.1.3

(1)EarthworksforNational Gridsupport poles and any stay wires that comply with the following conditions:

(a)Do not exceed a depth of 300mm within 2.2m of the pole or stay wire; and

(b)Do not exceed a depth of 750mm between 2.2m and 5m of the pole or stay wire.

(2)EarthworksforNational Gridsupport towers (including any tubular steel tower that replaces a steel lattice tower) that comply with all of the following conditions:

(a)Do not exceed 300m depth within 6m of the outer edge of the visible foundation of the tower;

(b)Do not exceed 3m between 6m and 12m of the outer edge of the visible foundation of the tower;

(c)Do not compromise the stability of aNational Gridsupport structure;

(d)Do not result in the loss of access to anyNational Gridsupport structure; and

(e)Must be less than the minimum ground to conductor clearance distances in Table 4 of theNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663.

(3)The followingearthworksactivities are exempt fromRules 14.4.1.3(1) and (2):

(a)Earthworksthat are undertaken by anetwork utility operator(other than for the reticulation and storage of water for irrigation purposes) as defined by theResource Management Act 1991;

(b)Earthworksundertaken as part of agricultural or domestic cultivation, or repair, sealing or resealing of a road, footpath, driveway or farm track;

(c)Vertical holes not exceeding 500mm in diameter that:

    1. are more than 1.5m from the outer edge of the pole support structure or stay wire, or
    2. are a post hole for a farm fence or horticulture structure more than 6m from the visible outer edge of a tower support structure foundation;

(d)Earthworksfor which a dispensation has been granted by Transpower underNew Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 ISSN 0114-0663.

14.4.2 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.
  2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Below ground transmission lines associated with theNational Gridnot located withinidentified areas

Discretion is restricted to:
  1. The functional and operational needs of, and benefits derived from, the infrastructure;
  2. Visual, streetscape and amenity effects;
  3. The risk of electrical hazards affecting public or individual safety, and risk of property damage.

RD2

Transformers, substations and switching stations associated with theNational Gridnot located withinIdentified Areas

RD3

Earthworkswithin theNational Grid Yardthat do not comply with one or more of the conditions ofRules14.4.1.3(1) and14.4.1.3(2)

Discretion is restricted to:
  1. Impacts on the operation, maintenance, upgrading and development of theNational Grid;
  2. The risk to the structural integrity of the affectedNational Gridsupport structure(s);
  3. Any impact on the ability of theNational Gridowner (Transpower) to access theNational Grid;
  4. The risk of electrical hazards affecting public or individual safety, and the risk of property damage.

RD4

14.4.2.1

Thesubdivisionof land in any zone within theNational GridCorridorthat complies with all of the following conditions:

  1. Allallotmentintended to contain asensitive land usemust provide abuilding platformfor the likely principalbuilding(s)and anybuilding(s)for asensitive land useto be located outside of theNational Grid Yard, other than where theallotmentare for roads, access ways orinfrastructure; or
  2. The layout ofallotmentsand any enablingearthworksmust ensure that physical access is maintained to anyNational Gridsupport structures located on theallotment, including any balance area.

Discretion is restricted to:
  1. Thesubdivisionlayout and design in regard to how this may impact on the operation, maintenance, upgrading and development of theNational Grid;
  2. The ability to provide a complyingbuilding platformoutside of theNational Grid Yard;
  3. The risk of electrical hazards affecting public or individual safety, and the risk of property damage;
  4. The nature and location of any vegetation to be planted in the vicinity ofNational Gridtransmission lines.
14.4.3 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

New below ground transmission lines associated with theNational Gridwithinidentified areas

D2

New above-ground transmission lines associated with theNational Gridnot located withinidentified areas

14.4.4 Non-Complying Activities

  1. The activities listed below are non-complying activities.

NC1

Above-ground transmission lines associated with theNational Gridlocated withinidentified areas

NC2

Transformers, substations and switching stations associated with theNational Gridlocated withinidentified areas.

NC3

Any activity within theNational Grid Yardthatdoes not comply with one or more of the conditions ofRule14.4.1.1

NC4

Any activity within theNational Grid Yardthatdoes not comply with one or more of the conditions ofRule14.4.1.2

NC5

Any newbuildingfor asensitive land usewithin theNational Grid Yard

NC6

Anychange of use of an existingbuildingto asensitive land usewithin theNational Grid Yard

NC7

Theestablishment of any newsensitive land usewithin theNational Grid Yard

NC8

Anynewhazardous facilitythat involves the storage and handling ofhazardous substances with explosive or flammable intrinsic properties within 12m of the centre line of aNational GridTransmission Line

NC9

Dairy/milking sheds or buildings for intensive farmingwithin theNational Grid Yard

NC10

Anysubdivisionof land in any zone within theNational Grid Corridorthatdoes not comply with one or more of the conditions ofRule14.4.2.1

14.5.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the district.
  2. Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Below ground distribution lines

Nil

P2

Overhead distribution lines and support structures within the Rural Zone

14.5.1.1

  1. Overhead distribution lines and support structures that comply with the following:
    1. Do not exceeda voltage up to and including110kV; and
    2. Do not exceed a maximumheightof 25m; or
    3. Do not exceed a maximumheightof 30m for co-location of at least two operators; and
    4. Are not located within an identified area.

P3

Overhead distribution lines and support structures within road or unformed road located adjacent to the Rural Zone

P4

Substations and associated transformers and switching stations

14.5.1.2

  1. Substations and associated transformers and switching stations distributing electricity that comply with the following:
    1. Distribute electricity at a voltage up to and including 110kV; and
    2. Are located within the Business Zone, Business Town Centre Zone, Tamahere Business Zone, Te Kowhai Airpark Zone, Industrial Zone, Heavy Industrial Zone and Motor Sport and Recreation Zone; and
    3. Any ancillarybuildingsdo not exceed 100m² ingross floor area; and
    4. Are not located within anIdentified Area.

P5

Construction or alteration of abuildingfor asensitive land use

14.5.1.3

  1. The construction or alteration of abuildingfor asensitive land usethat complies with all of the following conditions:
    1. It is set back a minimum of 10m from the centre of line of any electrical distribution or transmission lines, notassociated with theNational Grid, that operateat a voltage of up to110kV; or
    2. It is set back a minimum of 12m from the centre of line of any electrical distribution or transmission lines, notassociated with theNational Grid, that operateat a voltage of 110kV or more.

14.5.2 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.
  2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

(a)Overhead distribution lines and support structuresnot exceedinga voltage up to and including110kV:

(i)Not located within the Rural Zone;

(ii)Not located within an identified area.

(a)Discretion is restricted to:

(i)Thefunctional needandoperational needof, and benefits derived from, theinfrastructure;

(ii)The extent to which alternative technologies and techniques have been considered;

(iii)The extent to which co-location of overhead lines is technically, economically and practically reasonable;

(iv)The extent to which the proposal is in accordance with relevant industry standards and meets specified clearance requirements for operational and safety reasons;

(v)The extent to which the proposal will adversely affect the amenity values of thesiteand locality;

(vi)The extent to which there are difficult ground conditions, topography or obstructions which make undergrounding impractical.

RD2

Construction or alteration of abuildingfor asensitive land usethat does not comply withRule 14.5.1.3

  1. Discretion is restricted to:
    1. Effects on the amenity values of thesite;
    2. The risk of electrical hazards affecting the safety of people;
    3. The risk of damage to property;
    4. Effects on the operation, maintenance and upgrading of theelectrical distribution or transmission lines.

14.5.3 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Overhead distribution lines and support structuresexceedinga voltage of110kV

D2

Overhead distribution lines and support structuresof any voltagelocated within anidentified area

D3

Substations and associated transformers and switching stations that do not comply with one or more conditions ofRule14.5.1.2

14.6.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the District.
  2. Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Small-scale electricity generation

14.6.1.1

(a)Small-scale electricity generationandcommunity-scale electricity generationthat comply with each of the following conditions, where applicable:

(a)Is not located within anIdentified Area;

(b)Is not located on a road, or unformed road;

(c)Less than 20kW of electricity is generated;

(d)Maximum one wind turbine persitein the Residential, Rangitahi Peninsula and Village Zones;

(e)Freestanding wind turbines must not exceed thebuildingheightlimit of the zone in which they are located by more than 3m;

(f)Freestanding wind turbines have a maximum blade diameter of 2.5m;

(g)Roof-mounted wind turbines must not exceed thebuildingheightlimit of the zone in which they are located by more than 3m;

(h)Roof-mounted wind turbines have a maximum blade diameter of 2.5m;

(i)Any wind turbine on asiteadjoining Residential, Rangitahi Peninsula or Village Zones must meet theheightin relation toboundarylimits on the boundary with that adjoining zone;

(j)Solar panels on the roof of abuildingmust not exceed 1.5m inheightabove the existing roof;

(k)Wind turbinenoisemust:

(i)Not exceed the background sound level (L95) by more than 5dBA, or a level of 40dBA (L95), whichever is the greater, when measured at operational wind speeds, and for properties located adjacent to the facility when measured at:

A. Any existingbuilding or structure forsensitive land uses; and

B. Any potentialbuildingsitewhere abuildingor structure forsensitive land usescould be located as a permitted activity;

(ii)Be measured and assessed in accordance withNZS6808: 2010 Acoustics – Wind Farm Noise.

P2

Community-scale electricity generation

P3

Research and exploratory-scale investigations for renewable electricity generation activities

14.6.1.2

  1. Research and exploratory-scale investigations for renewable electricity generation activitiesthat comply with all of the following:
    1. The noise limits that are applicable to the zone;
    2. Theheightof any equipment must not exceed thebuildingheightlimit of the zone in which they are located by more than 3m;
    3. The size and location of any equipment must not exceedheightin relation toboundaryrelevant to the zone in which it is located; and
    4. Setbacks relevant to the zone in which it is located;
    5. Is not located within anidentified area;
    6. Is not located on a road, or unformed road.

P4

Temporary diesel-fuelled electricity generation activities

Nil

14.6.2 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.
  2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Small-scale electricity generationthat do not comply with one or more of the conditions ofRule14.6.1.1

Discretion is restricted to:

(a)The functional and operational needs of, and benefits derived from, theinfrastructure;

(b)Visual, landscape, streetscape and amenity effects, including noise;

(c)Shadow flicker effects;

(d)The risk of hazards affecting public or individual safety, and risk of property damage;

(e)Effects on the values, qualities and characteristics of anyidentified area.

RD2

Community-scale electricity generationthat do not comply with one or more of the conditions ofRule14.6.1.1

RD3

Research and exploratory-scale investigations for renewable electricity generation activitiesthat do not comply with one or more of the conditions ofRule14.6.1.2

14.6.3 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Large-scale wind farms located within the Rural Zone

14.6.4 Non-Complying Activities

  1. The activities listed below are non-complying activities.


NC1

Large-scale wind farms not located within the Rural Zone, including within anIdentified Area


14.7.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the district.
  2. Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Below ground pipelines for the conveyance of liquid fuels and gas

14.7.1.1

(a)Below ground pipelines for the conveyance of liquid fuels and gas that comply with all of the following:

(i)Any aboveground sections of pipeline must comply with the following:

A.Not exceed 25m in length, and

B.Not exceed 300mm in diameter.

(ii)Gas pipelines must not exceed a gauge pressure of 2,000 kilopascals.

(iii)Is not located within anidentified area.

P2

Below ground pipelines located within anIdentified Area

14.7.1.2

(a)Below ground pipelines for the conveyance of liquid fuels and gas located within anIdentified Areathat comply with the following:

(i)There are no aboveground sections of pipeline within theIdentified Area; and

(ii)Gas pipelines must not exceed a gauge pressure of 2,000 kilopascals.

P3

Storage facilities and pump stations for liquid fuels and gas

14.7.1.3

(a)Storage facilities and pump stations for liquid fuels and gas that comply with all of the following:

(i)Is not located within anIdentified Area; and

(ii)Is not located on a road, or unformed road.

14.7.2 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Pipelines for the conveyance of liquid fuels and gas thatdo not comply with one or more of the conditions ofRule 14.7.1.1 or14.7.1.2

D2

Storage facilities and pump stations for liquid fuels and gas thatdo not comply with one or more of the conditions ofRule 14.7.1.3

14.8.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the District.
  2. Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Meteorological enclosures andbuildings, including automatic weather stations

14.8.1.1

(a)Meteorological enclosures andbuildings, including automatic weather stations, that comply with all of the following:

(i)The size of the structure must not exceed 30m2ingross floor area;

(ii)The structure complies with any relevantbuildingheightcondition for the applicable zone;

(iii)Is not located within anIdentified Area;

(iv)Is not located on a road, or unformed road.

P2

Meteorological and air quality monitoring structures and devices

14.8.1.2

(a)Meteorological and air quality monitoring structures and devices that comply with all of the following:

(i)Do not exceed 12m inheight;

(ii)There shall be no more than one instrument or device persite;

(iii)Is not located within anIdentified Area;

(iv)Is not located on a road, or unformed road.

14.8.2 Restricted Discretionary Activities

  1. The activities listed below are restricted discretionary activities.
  2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Meteorological enclosures andbuildings, including automatic weather stations located within road or unformed road

  1. Discretion is restricted to:
    1. The functional and operational needs of, and benefits derived from, theinfrastructure;
    2. Visual, streetscape and amenity effects;
    3. Road network safety and efficiency; and
    4. Effects on the specific values, qualities and characteristics of anyIdentified Area.

RD2

Meteorological and air quality monitoring structures and devices located within road or unformed road

14.8.3 Discretionary Activities

  1. The activities listed below are discretionary activities.

D1

Meteorological enclosures andbuildings, including automatic weather stations located withinIdentified areas

D2

Meteorological and air quality monitoring structures and devices located withinIdentified areas

14.9.1 Permitted Activities

  1. The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the District.
  2. Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Antennasassociated with amateur radio configurations

14.9.1.1

(a)Antennasassociated with amateur radio configurations that comply with all of the following:

(i)Where attached to abuildingor other structure (including a mast):

A.The maximum diameter is 2m for anantennadish;

B.The maximum area is 2m2in area for a panel antenna;

C.The maximum dimension in any direction is 2m for a panelantenna;

D.The antenna must not overhang asiteboundary;

(ii)One pedestal-mountedantennapersite that meets the following:

A.Theantennais pivoted less than 4m above the ground;

B.The maximum diameter is 5m;

C.Complies with the setback andheightin relation toboundaryrequirements of the relevant zone;

(iii)Are not located within anIdentified Area;

(iv)Is not located on a road, or unformed road.

P2

Aerials associated with amateur radio configurations

14.9.1.2

(a)Aerials associated with amateur radio configurations that comply with all of the following:

(i)Any of the elements making up the aerial do not exceed 80mm in diameter;

(ii)For horizontal HF yagi aerials, the maximum element length does not exceed 14.9m, and the boom length does not exceed 13m;

(iii)No part of the aerial (including aerial wires) overhangs asiteboundary;

(iv)The setback standards applying tobuildingsin the applicable zone, except that aerial wires are not required to comply with the setback standards;

(v)No part of the aerial exceeds the maximum statedheightapplying tobuildings in the applicable zone by more than 2m (except for vertical aerials as provided for inRule 14.9.1.2(1)(f)below);

(vi)For vertical aerials, one vertical aerial to a maximumheightof 20m, provided there is only one vertical aerial or one supporting structure (and attached aerial(s) orantenna(s) underRule 14.9.1.3(1)(c)below persitethat exceeds the maximum statedheight applying tobuildings in the applicable zone by more than 2m;

(vii)Are not located within anIdentified Area;

(viii)Is not located on a road, or unformed road.

P3

Support structures associated with amateur radio configurations

14.9.1.3

(a)Support structures associated with amateur radio configurations that comply with all of the following:

(i)For wire aerials of less than 115mm in outside diameter, no more than six support poles persiteprovided that:

A.The maximumheightof the support poles is the maximumbuildingheightapplying in the zone in which they are located;

B.The setback andheightin relation toboundarystandards shall not apply to these support poles;

(ii)Where guy wires are used these must not exceed 12mm in diameter;

(iii)One pole support structure (excluding support poles for wire aerials) or lattice support structure persite, provided that:

A.The maximumheightof the pole support structure is 9m and the maximum inscribed circle of the pole and any lowering mechanism shall be 600mm below 4m inheightand 115mm above 4m; or

B.The maximumheightof the lattice support structure is 9m and the maximum inscribed circle and any lowering mechanism shall be 900mm below 8m inheight and 660mm above 8m;

C.The pole or lattice structure is located in accordance with setback standards applying tobuildingsin the zone in which they are located. For the purpose of this rule theheightin relation toboundarystandards shall not apply to the pole or lattice support structure;

D.Where guy wires are used these must not exceed 12mm in diameter;

E.At no point must any guy wire overhang theboundary;

(iv)For eachsite, one support structure can exceed the maximum statedheightapplying tobuildingsin the applicable zone by more than 2m, provided that:

A.The maximumheightof the support structure and any attached aerials orantennas is 20m;

B.The supporting structure may be one of the following:

A.A guyed mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m shall be 115mm, or

B.A guyed lattice mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m shall be 300mm. The mast may be of constant width or tapering, or

C.A self-supporting lattice mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m must fit within a tapering envelope with a maximum inscribed circle of 660mm at 9m and 420mm at 20m, or

D.A self-supporting tubular mast. The maximum inscribed circle of the mast below 9m shall be 1000mm, and above 9m must fit within a tapering envelope with a maximum inscribed circle of 230mm at 9m and 115mm at 20m; and

C.There may be local enlargement of the support structure to accommodate a rotator mechanism; and

D.The supporting structure is located in accordance with setback standards applying tobuildingsin the applicable zone. For the purpose of this rule theheightin relation toboundarystandards shall not apply to the supporting structure; and

E.Where guy wires are used, these must not exceed 12 mm in diameter; and

F.At no point must any guy wire overhang theboundary;

(v)Are not located within anIdentified Area; and

(vi)Is not located on a road, or unformed road.

14.9.2 Restricted Discretionary Activities

(a)The activities listed below are restricted discretionary activities.

(b)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Amateur radio configurations that do not comply with one or more of the conditions ofRules14.9.1.1, 14.9.1.2 and 14.9.1.3

Discretion is restricted to:

(a)The bulk, form, scale, location and number of antennas, aerials and supporting structures;

(b)Location onsite; and

(c)Visual, streetscape and amenity effects.

14.9.3 Discretionary Activities

(a)The activities listed below are discretionary activities.

D1

Antennas,aerials and support structures associated with amateur radio configurations located within road and unformed road

D2

Antennas,aerials and support structures associated with amateur radio configurations located withinIdentified areas

14.10.1 Permitted Activities

Note:

+1 Means activities not provided as a permitted activity under theResource Management (National Environmental Standards for Telecommunication Facilities (NESTF) Regulations 2016)

(a)The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the district.

(b)Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity specific conditions

P1

Ancillary equipment+1

14.10.1.1

(a)Ancillary equipmentthat complies with the following:

(i)It is not connected to an area, façade or item specifically listed inSchedule 30.1.

P2

Below ground telecommunications and radiocommunications facilities, lines, cables and ducts

Nil

P3

Cabinets+1

14.10.1.2

(a)Cabinetsthat comply with the following condition:

(i)Are not located within anIdentified Area.

P4

Antennasand lines attached to retaining walls, tunnels, bridges and other structures located within the road+1

14.10.1.3

(a)Antennasthat comply with all of the following conditions:

(i)Do not connect to an area, façade or item specifically listed inSchedule 30.1;

(ii)Panelantennado not exceed 0.7m in width;

(iii)Dishantennado not exceed 0.6m in width within the Residential Zone;

(iv)Within the Residential Zone the maximum number ofantennaspersiteis 4.

(b)Rule 14.10.1.3(1)(a)does not apply a face-mounted panelantennalocated within the fascia and below the roof line of an existingbuilding.

P5

Antennas+1attached to a building and/or structure

14.10.1.4

(a)Antennasattached to abuildingand/or structure that comply with all of the following conditions:

(i)Do not connect to an area, façade or item specifically listed inSchedule 30.1;

(ii)Thebuildingand/or structure is located within:

A.Business Zone

B.Business Town Centre Zone

C.Tamahere Business Zone

D.Te Kowhai Airpark Zone

E.Industrial Zone

F.Heavy Industrial Zone

G.Motor Sport and Recreation Zone

H.Rural Zone

I.Country Living Zone

J.Reserve Zone

(iii)The face of theantennadoes not exceed 1.5m2or 1.2m in diameter for dishantennas.

(b)Rule 14.10.1.4does not apply to private televisionantennas and satellite dishes +2

P6

Antennasinside new or existing buildings

Nil

P7

Antennasnot attached to a building and/or structure

14.10.1.5

(a)Antennasthat comply with all of the following conditions:

(i)GPSantennasthat do not exceed the following dimensions:

A.300mm high: and

B.130mm in diameter.

(ii)Omni-directional 'whip' or di-pole typeantennasthat do not exceed the following dimensions:

A.1.6m high;

B.1.5m horizontal length whip or rod; or

C.Cross section element no more than 60mm in diameter.

(iii)Are not located within anIdentified Area.

(iv)Do not connect to an area, façade or item specifically listed inSchedule 30.1.

P8

Small cell units exceeding the permitted volumetric dimension of 0.11m² regulated in theNESTF

14.10.1.6

(a)Small cell units exceeding the permitted volumetric dimension of 0.11m² regulated in theNESTFthat comply with all of the following conditions:

(i)Do not exceed a maximum volumetric dimension of 0.25m²;

(ii)Are not located within anIdentified Area; and

(iii)Do not connect to an area, façade or item specifically listed inSchedule 30.1.

P9

Poles,antennasand headframes+1

14.10.1.7

(a)Any poles and attachedantenna that comply with the following conditions:

(i)Are not located within anIdentified Area;

(ii)Do not connect to an area, façade or item specifically listed inSchedule 30.1;

(iii)Comply with theheightin relation toboundarylimits for the zone in which it is located;

(iv)Not exceed the height limits set out in the following table:

Zone

Permitted height

Rural, Country Living

25m (and 30m for co-location of at least two operators)

Industrial, Heavy Industrial and Motor Sport and Recreation

25m (and 30m for co-location of at least two operators)

Business, Business Town Centre, Business Zone Tamahere, Te Kowhai Airpark

20m

Reserve

20m

Residential, Rangitahi Peninsula, Village

15m

Road or unformed road

That of the adjoining zone

(b)Headframes that comply with the following conditions:

(i)Comply with theheightin relation toboundarylimits for the zone in which it is located;

(ii)Within the Residential Zone do not exceed 1.0m diameter; or

(iii)Within all other zones and unformed roads do not exceed 6.0m diameter; and

(iv)Within the road do not exceed 0.7m diameter.

(c)Rule 14.10.1.7(1)does not apply to lightning rods and GPS antenna, omni directional whip antenna, ancillary telecommunication devices and earthpeaks.

P10

Externally-mounted telecommunication satellite dishes and ancillary components

14.10.1.8

(a)Externally-mounted telecommunication satellite dishes and ancillary components that comply with the following conditions:

(i)Do not exceed 1.0m in diameter;

(ii)Are attached to existingbuildings;

(iii)Do not connect to an area, façade or item specifically listed inSchedule 30.1; and

(iv)Are not located within anIdentified Area.

P11

Telecommunication kiosk

14.10.1.9

(a)Telecommunication kiosksthatcomply with all of the following conditions:

(i)Are not located within road or unformed road located adjacent to anIdentified Area;

(ii)Do not connect to an area, façade or item specifically listed inSchedule 30.1; and

(iii)Are not located within anIdentified Area.

P12

Telephone exchanges, including the installation and operation of equipment inside existing
telephone exchanges

14.10.1.10

(a)Telephone exchanges, including the installation and operation of equipment inside existing telephone exchanges, that comply with the following conditions:

(i)Do not exceed 20m2in area in roads orsites zoned Residential and Country Living; or

(ii)Do not exceed 30m2in area in all other zones;

(iii)Comply with theheightandheightin relation toboundarylimits for the zone in which it is located;

(iv)Are not located within road or unformed road located adjacent to anIdentified Area; and

(v)Are not located within anIdentified Area.

P13

Self-contained power units

14.10.1.11

(a)Self-contained power unitsthat comply with all of the following conditions:

(i)Do not connect to an area, façade or item specifically listed inSchedule 30.1;

(ii)Are not located within anIdentified Area.

P14

Aerial telecommunication lines and associated support structures, including those not complying with regulations 41-42 of theNESTF

14.10.1.12

(a)Aerial telecommunication lines and associated support structures, including those not complying with regulations 41-42 of theNESTF, that comply with all of the following conditions:

(i)Do not exceed 20m inheight; and

(ii)Are located within the Rural Zone; or

(iii)Are located within road or unformed road located adjacent to the Rural Zone.

P15

Lightning rods

14.10.1.13

(a)Lightning rods that comply with all of the following conditions:

(i)Do not exceed 1.8m inheight;

(ii)Do not connect to an area, façade or item specifically listed inSchedule 30.1.

14.10.2 Controlled Activities

(a)The activities listed below are controlled activities.

Activity

Matters of Control

C1

Ancillary equipmentthat do not comply with the conditions ofRule14.10.1.1.

(a)Control is reserved over:

(i)The size, colour and design of the proposed facility, equipment or structure;

(ii)The location of the proposed facility, equipment or structure;

(iii)The ability to provide screening or landscaping; and

(iv)Effects on the values, qualities and characteristics of thesite.

C2

Cabinetsthat do not comply with one or more of the conditions ofRule14.10.1.2

C3

(a)Cabinetsnot meeting theNESTFregulations 19, 20, and 21 that are located within:

(i)Business Zone

(ii)Business Town Centre Zone

(iii)Business Zone Tamahere

(iv)Te Kowhai Airpark Zone

(v)Industrial Zone

(vi)   Industrial Zone Heavy

(vii)Motorsport and Recreation Zone

(viii)Rural Zone

(ix)Country Living Zone

(x)Reserve Zone

C4

Antennasattached to an existing pole in the road reserve that do not comply with Regulations 26 and 27 of theNESTFandantennasattached to an existing pole in unformed road

C5

(a)Antennasattached to a buildingthat do not comply with the conditions ofRule14.10.1.4and are located within:

(i)Business Zone

(ii)Business Town Centre Zone

(iii)Business Zone Tamahere

(iv)Te Kowhai Airpark Zone

(v)Industrial Zone

(vi)Industrial Zone Heavy

(vii)Motorsport and Recreation Zone

(viii)Rural Zone

(ix)Country Living Zone

(x)Reserve Zone

C5

(a)Dishantennasnot complying with regulations 26-35 of theNESTFthat are located within:

(i)Business Zone

(ii)Business Town Centre Zone

(iii)Business Zone Tamahere

(iv)Te Kowhai Airpark Zone

(v)Industrial Zone

(vi)Heavy Industrial Zone

(vii)Motor Sport and Recreation Zone

(viii)Rural Zone

(ix)Country Living Zone

(x)Reserve Zone

C6

(a)Antennaslocated within anIdentified Area that comply with the following:

(i)GPSantennasthat do not exceed the following dimensions:

A.300mm high: and

B.130mm in diameter.

(ii)Omni-directional 'whip' or di-pole typeantennasthat do not exceed the following dimensions:

A.1.6m high;

B.1.5m horizontal length whip or rod; or

C.Cross section element no more than 60mm in diameter.

C7

Small cell units located within anIdentified Area exceeding the maximum volumetric dimension of 0.11m² regulated in theNESTF, up to a maximum volume of 0.25m2.

C8

Poles,antennasand headframes located within anIdentified Area that comply withRule 14.10.1.7

Control is reserved over:

(a)The size, colour and design of the proposed facility, equipment or structure;

(b)The location of the proposed facility, equipment or structure;

(c)The ability to provide screening or landscaping; and

(d)Effects on the values, qualities and characteristics of thesite.

C9

(a)Externally-mounted telecommunication satellite dishes and ancillary components that:

(i)Do not exceed 1.0m in diameter;

(ii)Are attached to existing buildings; and

(iii)Are located within anIdentified Area.

C10

Telecommunication kiosks, located within road or unformed road adjacent to anIdentified Area, that complies with the conditions for a newinfrastructureactivity and associated structures underRule 14.2.1.1.

14.10.3 Restricted Discretionary Activities

(1)The activities listed below are restricted discretionary activities.

(2)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

(a)Cabinetsnot meeting theNESTFregulations 19, 20, and 21 that are located within:

(i)Residential Zone

(ii)Rangitahi Peninsula Zone

(iii)Village Zone

(iv)Road and unformed road

Discretion is restricted to:

(a)The functional and operational needs of, and benefits derived from, the infrastructure;

(b)The bulk, form, scale, location of the structure;

(c)Visual, landscape, streetscape and amenity effects;

(d)Where located within a road, the operation and function of road network activities;

(e)Effects on the values, qualities and characteristics of thesite.

RD2

(a)Antennasattached to abuildingand/or structure that comply with all of the following conditions:

(i)Are located within:

A.Residential Zone

B.Rangitahi Peninsula Zone

C.Village Zone

D.Road and unformed road

(ii)The face of theantennadoes not exceed 1.5m2or 1.2m in diameter for dishantennas.

RD3

(a)Dishantennasnot complying with regulations 26-35 of theNESTFthat are located within:

(i)Residential Zone

(ii)Rangitahi Peninsula Zone

(iii)Village Zone

(iv)Road and unformed road

RD4

Poles,antennasand headframes not complying with regulations 26-35 of theNESTForRule 14.10.1.7

RD5

(a)Aerial telecommunication lines and associated support structures, including those not complying with regulations 41-42 of theNESTF, that:

(i)Do not comply with one or more conditions ofRule 14.10.1.12; and

(ii)Are not located within anIdentified Area.

RD6

Telecommunication kiosks that do not comply with one or more conditions ofRules 14.10.1.9or14.10.2(C10)

RD7

Self-contained power units that do not comply with the conditions for a newinfrastructureactivity and associated structures underRule 14.2.1.1

14.10.4 Discretionary Activities

(a)The activities listed below are discretionary activities.

D1

Cabinetsnot meeting theNESTFregulations 19, 20, and 21 that are located within anIdentified Area

D2

Antennasattached to abuildingand/or structure that do not comply with one or more conditions ofRule 14.10.3(RD2)

D3

Antennasattached to abuildingand/or structure located within anIdentified Area

D4

Dishantennasnot complying with regulations 26-35 of theNESTFthat are located within anIdentified Area

D5

Poles,antennasand headframes located within anIdentified Areanot complying with regulations 26-35 of theNESTForRule 14.10.1.7

D6

Telephone exchanges located within anIdentified Areaor do not comply with one or more conditions ofRule 14.10.1.10

D7

Self-contained power unitslocated within anIdentified Area

D8

Aerial telecommunication lines and associated support structures located within anIdentified Area

14.11.1 Permitted Activities

(1)The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the district.

(2)Rule 14.2.1.1will apply to the activitiesset out in this table unless there is a specific area, height, location and noise condition listed below.

Activity

Activity-specific conditions

P1

Stormwater systems for new development orsubdivision

14.11.1.1

(a)New development orsubdivision must have a stormwater system that complies with all of the following conditions:

(i)Operates by gravity;

(ii)Manages stormwater in the following manner:

A.Primary systems detain runoff from allimpervious surfaces during a 10%Annual Exceedance Probabilitystorm event to ensure that the rate of any stormwater discharge off-site is at or below pre-development rates; and

B.Secondary overflows are conveyed to a system or drainage path designed to collect concentrated stormwater during events up to and including a 1%Annual Exceedance Probability; or

C.A controlled discharge to a network or receiving environment that will have equivalent capacity (as in (i) and (ii) above) once the catchment is fully developed.

(iii)Stormwater management measures must be in place and operational upon the completion of subdivision and/or development;

(iv)Systems must be designed using rainfall data specific to the area in which the property is located and be adjusted for a climate change temperature increase of 2.1°C;

(v)Stormwater management measures, including low impact design measures, must be implemented as appropriate in accordance with the following drainage hierarchy:

A.Retention of rainwater/stormwater for reuse;

B.Soakage techniques;

C.Infiltration rate of a minimum of 7mm/hour;

D.Treatment, detention and gradual release to a watercourse;

E.Treatment, detention and gradual release to a piped stormwater system.

(vi)Where land is subject to instability, stormwater discharges directly to ground occurs only where the ground conditions have been identified as being suitable to absorb such discharges without causing, accelerating or contributing to land instability and downstream effects either on thesite or on neighbouring properties;

(vii)Connection of new development to any existing stormwater drainage system must not result in the minimum level of service not being met or the minimum level of capacity being exceeded. Alteration of the existing receiving stormwater network drainage system to achieve minimum level of service or additional on-site detention volume to ensure existing capacity will be required.

Notes:

(i)Acceptable means of compliance for the provision, design and construction of stormwater infrastructure, including low impact design features, are contained within theRegional Infrastructure Technical Specifications.

(ii)A stormwater discharge consent may also be required from the Waikato Regional Council.

P2

The establishment ofimpervious surfacesassociated with new development or subdivision

14.11.1.2

(a)The establishment ofimpervious surfacesassociated with new development orsubdivision that complies with the following condition:

(i)The maximumimpervious surfaceof asitewithin the Residential Zone, Rangitahi Peninsula Zone, Village Zone or Country Living Zone is 70%.

P3

Wastewater servicing for new development or subdivision

14.11.1.3

(a)New development orsubdivision must have a wastewater system that complies with the following conditions:

(i)Is connected to public, reticulated wastewater network; or

(ii)Is connected to a community-scale wastewater system; or

(iii)Is provided with asite-contained, alternative method of wastewater disposal that complies withAS/NZS 1547:2012.

P4

Below ground pipelines for the conveyance of water, wastewater and stormwater

14.11.1.4

(a)Below ground pipelines systems for the conveyance of water, wastewater and stormwater that comply with all of the following:

(i)Any aboveground section of a pipeline must comply with the following:

A.Not exceed 25m in length, and

B.Not exceed 300mm in diameter.

(ii)Is not located within anIdentified Area.

(b)The maximum dimensions inRule 14.11.14(a)(i)do not apply to any above-ground section of pipeline which is attached to or contained within the superstructure of a bridge.

P5

Below ground pipelines for the conveyance of water, wastewater and stormwater located within anIdentified Area

14.11.1.5

(a)Below ground pipelines for the conveyance of water, wastewater and stormwater located within anIdentified Area that comply with all of the following:

(i)There are no aboveground sections of pipeline within anIdentified Area.

P6

Pump stationsfor the conveyance of water, wastewater and stormwater

14.11.1.6

(a)Pump stations for the conveyance of water, wastewater and stormwater that complies with the following condition:

(i)Is not located within anIdentified Area.

P7

Stormwater treatment, detention and retention facilities or devices

14.11.1.7

(a)Stormwater treatment, detention and retention facilities or devices that comply with the following:

(i)Is not a stormwater wetland or pond.

P8

Stormwater ponds or wetlands

14.11.1.8

(a)Stormwater ponds or wetlands that comply with the following:

(i)The area of the pond or wetland does not exceed the equivalentsitebuilding coverageconditions applicable to the zone.

P9

Ventilation facilities, drop shafts and manholes

14.11.1.8

(a)Ventilation facilities, drop shafts and manholes that comply with the following:

(i)Are not located within anIdentified Area.

P10

Below ground reservoirs

14.11.1.9

(a)Below ground reservoirs that comply with all of the following:

(i)Are not located within anIdentified Area; or

(ii)Are not located within road or unformed road.

14.11.2 Restricted Discretionary Activities

(a)The activities listed below are restricted discretionary activities.

(b)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Stormwater systems for new development orsubdivision that does not comply with one or more of the conditions ofRule14.11.1.1

Discretion is restricted to:

(a)The likely effectiveness of the system to avoid flooding, nuisance or damage to otherbuildingsandsites;

(b)The capacity of the system and suitability to manage stormwater.

RD2

The establishment ofimpervious surfacesassociated with new development orsubdivision that do not comply with one or more of the conditions ofRule14.11.1.2

Discretion is restricted to:

(a)Sitedesign, layout and amenity;

(b)The risk of flooding, nuisance or damage to thesiteor otherbuildingsandsites.

RD3

Wastewater servicing for new development orsubdivision that do not comply with one or more of the conditions ofRule14.11.1.3

Discretion is restricted to:

(a)Health and safety of the occupants;

(b)Capacity of the system;

(c)Infiltration capacity of the soil;

(d)Location, including proximity to waterways and effects on habitats;

(e)Contamination of downstream properties by wastewater.

RD4

Below ground pipelinesthat do not comply with one or more of the conditions ofRules14.11.1.4 and14.11.1.5

Discretion is restricted to:
  1. Thefunctional needandoperational needof, and benefits derived from, theinfrastructure;
  2. Visual, streetscape and amenity effects;
  3. Road network safety and efficiency;
  4. The risk of hazards to public or individual safety, and risk of property damage; and
  5. Effects on the specific values, qualities and characteristics of anyIdentified Area.

RD5

Pump stationsfor the conveyance of water, wastewater and stormwater located within anIdentified Area

RD6

Stormwater ponds or wetlands, that serve more than onesite,located within:

  1. Residential Zone
  2. Rangitahi Peninsula Zone
  3. Village Zone
  4. Country Living Zone
  5. Road and unformed road
  6. Identified Area

RD7

Outfall structureslocated within anIdentified Area

RD8

Ventilation facilities, drop shafts and manholes that do not comply with one or more of the conditions ofRule14.11.1.9

RD9

Below ground reservoirslocated within anIdentified Area or road or unformed road

14.11.3 Discretionary Activities

(a)The activities listed below are discretionary activities.

D1

Water treatment plants not located within road and unformed road or anIdentified Area

D2

Wastewater treatment plants located within the following:

  1. Industrial Zone
  2. Heavy Industrial Zone
  3. Motor Sport and Recreation Zone
  4. Rural Zone
  5. Country Living Zone
  6. Reserve Zone

D3

Above ground reservoirs not located within anIdentified Area

14.11.4 Non-Complying Activities

(a)The activities listed below are non-complying activities.

NC1

Water treatment plants located within the following:

  1. Road and unformed road
  2. Identified Area

NC2

Wastewater treatment plants located within the following:

  1. Residential Zone
  2. Rangitahi Peninsula Zone
  3. Village Zone
  4. Business Zone
  5. Business Town Centre Zone
  6. Tamahere Business Zone
  7. Te Kowhai Airpark Zone
  8. Road and unformed road
  9. Identified Area

NC3

Above ground reservoirs located within anIdentified Area

14.12.1 Permitted Activities

(a)The following activities are permitted activities if they meet the activity specific conditions set out in this table. These rules apply throughout the district.

Activity

Activity specific conditions

P1

Vehicle accessfor all activities

14.12.1.1

  1. All activities must comply with the following vehicle access conditions:
    1. Thesitehas a vehicle access to a formed road that is maintained by a road controlling authority;
    2. Thesitehas a vehicle access that is constructed to comply with the relevant requirements ofTable 14.12.5.1,Figure 14.12.5.2,Table 14.12.5.3andFigure 14.12.5.4except:
      1. Rule 14.12.1.1(1)(b)does not apply where the separation distance requirements ofTable 14.12.5.1andFigure 14.12.5.2cannot be achieved on asite's road frontage due to existing vehicle accesses on adjacent sites;
    3. No new vehicle access shall be created from Newell Road (south of Birchwood Lane);
    4. No access, access leg or right-of-way shall run parallel to any road within 30m of the road, except:
      1. Rule 14.12.1.1(1)(d)does not apply to farm races, or unsealed internal rural accesses insites within the Rangitahi Peninsula Structure Plan Area and Opotoru Road;
    5. On asite with legal access to two roads, the activity only accesses the road with the lower classification in the road hierarchy inTables 14.12.5.5and14.12.5.6(where the roads have the same classification, access is only to the road with the lower average daily traffic movements);
    6. New vehicle accesses/entrances are not to be constructed to anysitefrom the following roads:
      1. Main Street, Huntly;
      2. Jesmond Street, Ngaruawahia;
      3. Bow Street, Raglan (James Street to Cliff Street);
      4. George Street, Tuakau (Gibson Road to Liverpool Street);
      5. Great South Road, Pokeno (Selby Street to Market Street); and
      6. Main Street, Te Kauwhata (Saleyard Road to Baird Avenue); and
    7. No new vehicle access shall be created within 30 metres of a railway level crossing.


Note:
Any new vehicle access (or additional land use utilising an existing vehicle access) on alimited access roador state highway will require the approval of the NZ Transport Agency, as the road controlling authority.

P2

On-site parking and loading

14.12.1.2

  1. All activities must comply with the following on-siteparking and loading conditions:
    1. The parking requirements inTable 14.12.5.7and14.12.5.11, noting:
      1. When calculating the requirements for parking and loading on the basis of the prescribed floor area, the area for parking, loading and manoeuvring shall be excluded;
      2. If the calculation results in a fraction, then that figure shall be rounded to the nearest whole number;
      3. 90 percentile car dimensions inFigure 14.12.5.8apply;
      4. The requirements ofTable 14.12.5.7do not apply to residential and rural activities;
      5. Parking spaces must comply with the New Zealand Building Code D1/AS1 New Zealand Standard for Design for Access and Mobility – Buildings and Associated Facilities (NZS: 4121-2001);
      6. The number of accessible car park spaces required inTable 14.12.5.9can be included in the number of car parking spaces required inTable 14.12.5.7.
    2. On-site bicycle space requirements inTable 14.12.5.10, except:
      1. The requirements ofTable 14.12.5.10do not apply to residential and rural activities;
    3. Any on-site car parking spaces for non-residential activities within the Residential Zones must be set back at least 3m from the road boundary of thesiteand screened by planting or fencing;
    4. On-site car parking spaces and loading bays are to be provided in accordance with the requirements ofTable 14.12.5.7,Figure 14.12.5.8andTable 14.12.5.11and be located on the samesiteas the activity for which they are required;
    5. On-sitecar parking spaces and loading bays are formed;
    6. On-sitecar parking spaces and loading bays are to be permanently marked if five or more parking spaces are required;
    7. On-sitecar parking spaces and loading bays are not to be located on any shared access or residential court;
    8. Vehicles occupying any on-sitecar parking or loading spaces must have ready access to the road (or relevant access or right of way) at all times, without needing to move any other vehicle occupying other on-sitecar parking or loading spaces;
    9. On-site car parking spaces and loading bays are not required onsiteswith sole frontages to the following:
      1. Main Street, Huntly;
      2. Jesmond Street, Ngaruawahia;
      3. Bow Street, Raglan (James Street to Cliff Street);
      4. George Street, Tuakau (Gibson Road to Liverpool Street);
      5. Great South Road, Pokeno (Selby Street to Market Street);
      6. Main Street, Te Kauwhata (Saleyard Road to Baird Avenue).

P3

On-site manoeuvring and queuing

14.12.1.3

  1. All activities must comply with the following on-sitemanoeuvring and queuing conditions:
    1. On-sitemanoeuvring space shall be provided to ensure that no vehicle is required to reverse onto a road except:
      1. Rule 14.12.1.3(1)(a) does not apply to Local Roads within the Residential and Village Zones with a posted speed limit of less than 60 kph;
    2. A 90 percentile car, as defined inFigure 14.12.5.8, can enter and exit all parking spaces without making more than one reverse movement, excluding spaces required for a dwelling;
    3. On-site manoeuvring space for anyheavy vehicleshall comply with the tracking curve (relevant for the type of activities to be carried out on thesite and trucks to be used), as set out in the guidelineRTS 18 - New Zealand on-road tracking curves for heavy motor vehicles (2007);
    4. On-sitemanoeuvring space shall be formed;
    5. On-site queuing space shall be provided in accordance withTable 14.12.5.12for vehicles entering and exiting any on-sitecar parking, loading or manoeuvring space, where:
      1. Length is measured from the roadboundarywhere vehicles first enter thesite; and
      2. On-sitequeuing above must not encroach into the required on-site manoeuvring area;
    6. On-site manoeuvring and queuing spaces are not required onsiteswith vehicle accesses/entrances to the following:
      1. Main Street, Huntly;
      2. Jesmond Street, Ngaruawahia;
      3. Bow Street, Raglan (James Street to Cliff Street);
      4. George Street, Tuakau (Gibson Road to Liverpool Street);
      5. Great South Road, Pokeno (Selby Street to Market Street);
      6. Main Street, Te Kauwhata (Saleyard Road to Baird Avenue).

P4

Traffic generation

14.12.1.4

  1. Any activity must comply with the following traffic generation conditions:
    1. Within the Residential, Village or Country Living Zones there is a maximum of 100vehicle movementsper day, and no more than 15% of thesevehicle movementsareheavy vehiclemovements; or
    2. Within the Rangitahi Peninsula Zone there is a maximum of 200vehicle movementsper day, and no more than 5% of thesevehicle movementsareheavy vehiclemovements; or
    3. Within the Business Zone Tamahere, Business Zone or Business Town Centre Zone there is a maximum of 300vehicle movementsper day, and no more than 15% of thesevehicle movementsareheavy vehiclemovements; or
    4. Within the Rural Zone:
      1. There is maximum 200vehicle movementsper day and no more than 15% of thesevehicle movementsareheavy vehiclemovements; or
      2. Within the Agricultural Research Centres identified on the planning maps as a Specific Area there is maximum 3000vehicle movementsper day; or
    5. Within the Industrial Zone and Heavy Industrial Zone (excluding the Huntly Power Station and Huntly Quarry):
      1. Maximum 250vehicle movementsper day and no more than 15% of thesevehicle movementsareheavy vehiclemovements; or
    6. From the Huntly Power Station:
      1. All traffic movements generated from all activities on the site combined (including those movements which were lawfully established prior to 5 December 2012), there is a maximum 750vehicle movementsper day; and
      2. Maximum 300 of these vehicle movements areheavy vehiclemovements; or
    7. From the Huntly Quarry:
      1. All traffic movements generated from all activities on the site combined (excluding those movements which were lawfully established prior to 5 December 2012), there is maximum 350vehicle movementsper day; and
      2. No more than 150 of thesevehicle movementsareheavy vehiclemovements, increasing to 200 once the Huntly Bypass section of the Waikato Expressway is open for public use.
    8. Within Precincts A and B of the Te Kowhai Airpark Zone there is a maximum 250vehicle movementsper day and no more than 15% of thesevehicle movementsareheavy vehiclemovements.
    9. Within Precincts C and D of the Te Kowhai Airpark Zone there is a maximum of 30vehicle movementsper day and no more than 4 of thesevehicle movementsareheavy vehiclemovements except:
      1. Movement restrictions do not apply if the activity is an event or promotion (includingtemporary events) in Precinct C or a community facility in Precinct C.


Note:
Table 14.12.5.13provides indicative traffic generation rates for various activities

P5

Operation, maintenance and minor upgrading of existing public roads, State Highways and associatedroad network activities

14.12.1.5

  1. Operation, maintenance and minor upgrading of existing public roads, State Highways and associatedroad network activitiesmust comply with the following conditions:
    1. The works occur within the road or unformed road;
    2. Works within the road must be:
      1. Incidental to, and serve a supportive function for, the existing public road; or
      2. Required for the safety of road users; or
      3. Required for the safety of adjacent landowners or occupiers;
    3. Lighting shall be designed and located to comply with theAustralia New Zealand Roading Lighting Standard 1158, (series) – Lighting for Roads and Public Spaces: 2005; and
    4. Anyearthworksmust comply withRule 14.3.1.3.

P6

New public roads, including where the road has been identified on the planning maps as anIndicative road, andassociatedroad network activities

14.12.1.6

  1. New public roads, including where the road has been identified on the planning maps as anindicative road, and associatedroad network activitiesmust comply with the following conditions:
    1. The public road is located within road or unformed road;
    2. The public road is not located within anIdentified Area;
    3. The design requirements ofTable 14.12.5.14or14.12.5.15,based on their function within the Road Hierarchy as set out inTable 14.12.5.5,except:
      1. Any national routes or regional arterial roads would be subject toRule 14.12.2(RD6);
      2. The specified minimum road/right of way reserve widths inTable 14.12.5.14or14.12.5.15do not include any additional width required for a turning head;
      3. Any private access, right of way or access allotmentover 70m in length must be constructed to be in accordance with the highest dimensions required for an access allotment inTable 14.12.5.14or14.12.5.15; and
      4. The requirements ofTable 14.12.5.14or14.12.5.15shall not apply to taxiways within the Te Kowhai Airpark Zone.
    4. Within road or unformed road located within the Tamahere Country Living Zone, all roads must:
      1. The minimum widths specified inFigure 14.12.5.17; and
      2. Have swale drains on both sides of the carriageway capable of collecting all road runoff and overland flow towards the road or right of way from a 20% Annual Exceedance Period event; and
      3. In areas of poorly-drained soils, either the stormwater is to be directed to areas with higher infiltration, or infiltration systems are to be constructed.
    5. Within road or unformed road located within the Rangitahi Peninsula Zone, the relevant access and road requirements of the Rangitahi Structure Plan take priority over the conditions inTable 14.12.5.14or14.12.5.15in the event of any conflict;
    6. Within road or unformed road located within the Te Kauwhata Structure Plan area:
      1. All roads and vehicle accesses shall be constructed in accordance withTable 14.12.5.14andFigures14.12.5.18,14.12.5.19and14.12.5.20; and
      2. Stormwater collection must be through grassed swales prior to reaching reticulated systems.
    7. Anyearthworksmust comply withRule 14.3.1.3.


Note:
Where the conditions ofTable 14.12.5.14or14.12.5.15do not specify a specific dimension and instead state this aspect is subject to a specific design; this aspect of the road is considered to be exempt when determining a permitted activity underRule 14.12.1.6(1).The design of that specific aspect of the road is therefore subject to a separate certification process by the relevant road controlling authority.

P7

Access and New Roads – Te Kowhai Airpark Zone

14.12.1.7

  1. Airpark roads which are to be vested in Council must comply with the following conditions:
    1. The design requirements ofTable 14.12.5.14or14.12.5.15, based on their function within the Road Hierarchy as set out inTable 14.12.5.5, except:
      1. The requirements ofTable 14.12.5.14or14.12.5.15shall not apply to taxiways within Te Kowhai airpark.
  2. Road alignment and the taxiway network within the Te Kowhai Airpark Zone shall be in accordance withAppendix 9– The Te Kowhai Airpark Framework Plan.
  3. The western boundary of the Te Kowhai Airpark Zone shall provide for future connectivity options (vehicular and / or pedestrian) in accordance with the location identified inAppendix 9– The Te Kowhai Airpark Framework Plan.
  4. Anyearthworksmust comply withRule 14.3.1.3.

P8

Off-road pedestrian and cycle facilities

14.12.1.8

  1. Off-road pedestrian and cycling facilities that comply with all of the following conditions:
    1. Have a minimum 2.0m width;
    2. Are formed;
    3. Comply with the relevant setback standards for the applicable zone; and
    4. Anyearthworksmust comply withRule 14.3.1.3; and
    5. Are not located within anIdentified Area.

P9

Stock underpasses located within:

(a)Road and unformed road

(b)Rural Zone

14.12.1.9

(1)Stock underpasses in the Rural Zone located in the road and unformed road that comply with all of the following conditions:

(a)Anyearthworksmust comply withRule 14.3.1.3; and

(b)Are not located within anIdentified Area.

14.12.2 Restricted Discretionary Activities

(a)The activities listed below are restricted discretionary activities.

(b)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

Activity

Matters of Discretion

RD1

Vehicle accessthat does not comply with one or more of the conditions ofRule14.12.1.1

Discretion is restricted to:

  1. Traffic generation by the activities to be served by the access;
  2. Location, design, construction and materials of the vehicle access;
  3. Safety for vehicles and pedestrians;
  4. Road network safety and efficiency; and
  5. Mitigation to address safety.

RD2

On-site parking and loadingthat does not comply with one or more of the conditions ofRule14.12.1.2

Discretion is restricted to:

  1. The number, area, type, location and marking of parking spaces;
  2. The area, design, gradient, stormwater management, construction and materials of parking and loading spaces,
  3. Accessibility of parking areas from on-siteactivities;
  4. Safety for vehicles and pedestrians;
  5. Mitigation to address amenity and connectivity.

RD3

On-site manoeuvring and queuingthat does not comply with one or more of the conditions ofRule14.12.1.3

Discretion is restricted to:

  1. Location, area, design, construction and materials of the manoeuvring and queuing space;
  2. Type and frequency of use;
  3. Safety design for vehicles and pedestrians;
  4. Road network safety and efficiency.

RD4

Traffic generationthat does not comply with one or more of the conditions ofRule14.12.1.4

Discretion is restricted to:

  1. The trip characteristics of the proposed activity on the site;
  2. Safety design for vehicles and pedestrians;
  3. Road network safety and efficiency, particularly at peak traffic times;
  4. Mitigation to address adverse effects, such as:
      1. Travel planning;
      2. Providing alternatives to private vehicle trips, including accessibility to public transport;
      3. Staging development; and
      4. Contributing to improvements to the road network.

RD5

Operation, maintenance and minor upgrading of existing public roads, State Highways and associatedroad network activitiesthat do not comply with one or more of the conditions ofRule14.12.1.5

Discretion is restricted to:
  1. Adverse effects on amenity values, including construction effects such as vibration and noise;
  2. Adverse operational effects, particularly on residential or othersensitive land uses, including effects of vibration, noise, glare and vehicle emissions;
  3. Severance and changes to drainage patterns;
  4. The benefits provided by the activity, including safety and efficiency of the road network;
  5. Management of sediment and dust, including the staging of works;
  6. The volume, extent and depth of theearthworksactivities;
  7. The location of theearthworksactivities, taking into account any effects on the values, qualities and characteristics of thesite.

RD6

New public roads, including where the road has been identified on the planning maps as anIndicative road, and associatedroad network activitiesthat:

    1. Are not located within anIdentified Area; and
    2. Do not comply with one or more of the conditions ofRule14.12.1.6

RD7

Access and New Roads – Te Kowhai Airpark Zonethat do not comply with one or more of the conditions ofRule14.12.1.7

Discretion is restricted to:

  1. The extent to which the Te Kowhai Airpark Framework Plan is not complied with;
  2. The extent to which connectivity can safely and practically be achieved between Te Kowhai aerodrome and Te Kowhai village;
  3. Adverse effects on amenity values, including construction effects such as vibration and noise;
  4. Adverse operational effects, particularly on residential or othersensitive land uses, including effects of vibration, noise, glare and vehicle emissions;
  5. Severance and changes to drainage patterns;
  6. The benefits provided by the activity, including safety and efficiency of the road network;
  7. Management of sediment and dust, including the staging of works;
  8. The volume, extent and depth of theearthworksactivities;
  9. The location of theearthworksactivities, taking into account any effects on the values, qualities and characteristics of thesite.

RD8

Off-road pedestrian and cycle facilitiesthat do not comply with one or more of the conditions ofRule14.12.1.8

Discretion is restricted to:

  1. Design, construction and materials;
  2. Safety for cyclists and pedestrians;
  3. Connectivity with other off-road pedestrian and cycle facilities and the road network; and
  4. Visual and amenity effects.

14.12.3 Discretionary Activities

(a)The activities listed below are discretionary activities.

D1

Stock underpassesnot provided for underRule14.12.1.9

D2

New public roads, including where the road has been identified on the planning maps as anIndicative road, and associatedroad network activitiesthatare located within anIdentified Area

Table 14.12.5.1 - Separation distances

Separation distance of an access onto a road from an intersection or between accesses

Speed Environment

Distance (m)

P

K

M

N

Regional
Arterial and
Arterial

Collector
Road and
Local Road

Regional
Arterial and
Arterial

Collector
Road and
Local Road

Regional
Arterial and
Arterial

Collector
Road and
Local
Road

Regional
Arterial and
Arterial

Collector
Road and
Local
Road

100 km/h

800

500

200

100

60

200

100

80 km/h

550

200

120

80

100

80

70 km/h

220

100

30

45

40

30

50 km/h or less

125

100

30

20

15

Note:The references P, K, M and N are illustrated inFigure 14.12.5.2


Table 14.12.5.3 - Minimum sight distances

Speed Environment (km/h)

From a vehicle entrance generating up to and including 40 vehicle movements per day

From a vehicle entrance generating more than 40 vehicle movements per day

Rural Areas

Urban Areas

40

40m

70m

60m

50

60m

90m

80m

60

80m

115m

105m

70

100m

140m

130m

80

130m

175m

165m

90

160m

210m

100

200m

250m

110

240m

290m

120

330m

Note:Sight distances are measured as illustrated inFigure 14.12.5.4


Table 14.12.5.5 - Functions of roads within the Road Hierarchy

Category

Function

National routes

Motorways, expressways and state highways that:

  1. form a strategic network of national importance
  2. provide for the collection and distribution of goods significant to the national economy
  3. the through traffic function predominates.

Regional arterial roads:

  1. state highways not included in National Routes category
  2. roads giving access to important tourist areas or centres of large populations
  3. roads linking different transport modes
  4. roads providing significant intra-urban links.

State highways and roads that:

  1. form a strategic network of regional importance
  2. provide for the collection and distribution of goods significant to the regional economy
  3. rural roads that typically provide for more than 6,000vehicle movementsper day (vmpd)
  4. include rest areas
  5. the through-traffic function predominates.

Arterial roads:

  1. links between residential, commercial, industrial or recreational land use activities
  2. provide alternative links between centres of population or are significant for the movement of goods or produce within the district.

Roads that:

  1. form a strategic network of district importance
  2. provide for the collection and distribution of goods significant to the district's economy
  3. rural roads that typically provide for less than 6,000 vehicle movements per day (vmpd)
  4. the through traffic function needs to be balanced against the property access function.

Collector roads:

  1. provide links between local roads and arterials.

Roads that:

  1. provide locally-preferred routes between or within areas of population or activities
  2. provide alternative routes to arterials
  3. are sealed and are of road geometry aligned with operational safety standards required for the traffic volumes on each section
  4. the throughtraffic function needs to be balanced against the property access function.

Local roads

Roads whose primary function is property access.

Cul-de-sacs and no-exit roads

Roads that do not provide a vehicular thoroughfare between roads, and whose primary function is property access.

Note:Corridor widths, road standards and the location of structures and services will vary for each road category, in accordance withTables14.12.5.14and14.12.5.15.


Table 14.12.5.6 - Road Hierarchy list

National Routes

Road Name

Start

Finish

State Highway 1

North district boundary

Hamilton City boundary

State Highway 1

Hamilton City boundary

South district boundary

State Highway 2

State Highway 1

East district boundary

State Highway 26

Hamilton City boundary

East district boundary

Regional Arterial

Road Name

Start

Finish

State Highway 1B
(Gordonton Road)

State Highway 1

Taylor Road

State Highway 1B
(Taylor Road)

Gordonton Road

Puketaha Road

State Highway 1B
(Puketaha Road)

Taylor Road

Telephone Road

State Highway 1B
(Telephone Rd)

Puketaha Road

Holland Road

State Highway 1B (Marshmeadow Road)

Holland Road

State Highway 26

State Highway 1B
(Hoeka Road)

State Highway 26

Tauwhare Road

State Highway 1B
(Marychurch Road)

Tauwhare Road

Southeast district boundary

Gordonton Road

Taylor Road

Hamilton City boundary

State Highway 23

Hamilton City boundary

Manukau Road, Raglan

State Highway 21
(Airport Road)

Tamahere interchange

West district boundary

State Highway 39
(Koura Drive)

State Highway 1

State Highway 39
(Limmer Road)

State Highway 39
(Te Kowhai Road)

State Highway 39
(Koura Drive)

State Highway 39
(Limmer Road)

State Highway 39
(Limmer Road)

State Highway 39
(Limmer Road)

State Highway 39
(Horotiu Road)

State Highway 39
(Horotiu Road)

State Highway 39
(Limmer Road)

State Highway 39
(Whatawhata Road)

State Highway 39
(Kakaramea Road)

State Highway 23

South district boundary

Great South Road

Gordonton Road

State Highway 1
(Waikato Expressway)

Arterial

Road Name

Start

Finish

Buckland Road

Tuakau Road

George Street

George Street (Tuakau)

Buckland Road

Whangarata Road

Glen Murray Road

Te Ohaki Road

Marshall Road

Gordonton Road

Borman Road/Hamilton City boundary

State Highway 1B/Taylor Road

Great South Road

Gordonton Road

State Highway 1
(Waikato Expressway)

Hetherington Road

Te Ohaki Road

State Highway 22

Holland Road

Ruakura Road

Waverley Road

Horotiu Bridge Road

River Road

Great South Road

Horotiu Road

Ngaruawahia Road

State Highway 39

Ngaruawahia Road

Havelock Road

Horotiu Road

Okaeria Road

Cozen Road

State Highway 2

Piako Road

State Highway 1B

Valintine Road

Puketaha Road

Gordonton Road

Piako Road

River Road (Ngaruawahia)

Kay Road

Great South Road

River Road (Tuakau)

Whangarata Road

Tuakau Bridge

Ruakura Road

State Highway 26

District boundary

Tahuna Road

Ohinewai South Road

District boundary

Tauwhare Road

State Highway 21

State Highway 26

Te Kauwhata Road

State Highway 1

Mahi Road

Victoria Road

Tauwhare Road

Bellevue Road

Waerenga Road

Wira Street

Cozen Road

Waverley Road

Holland Road

Piako Road

Whatawhata Avenue

Ellery Street

Havelock Road

Whitikahu Road

State Highway 1B

Orini Road

Collector

Road Name

Start

Finish

Aka Aka Road

Waiuku Road

Otaua Road

Bankier Road

Horsham Downs Road

State Highway 1B/Gordonton Road

Dean Road

Great South Road

State Highway 1

George Street (Tuakau)

Dominion Road

Buckland Road

Great South Road (Huntly)

State Highway 1

Rayner Road

Great South Road (Pokeno)

State Highway 1

State Highway 1

Hakanoa Street

Onslow Street

Fletcher Street

Harris Street

Rotowaro Road

Te Ohaki Road

Harrisville Road

Mill Road

Dominion Road

State Highway 22

Tuakau Bridge

Hetherington Road

Horace Russell Road

Riverbank Road

State Highway 1

Kaiaua Road

Mangatangi Road

District boundary

Lake Road

River Road

State Highway 1B

Lyons Road

Mangatawhiri Road

Paparimu Road

Mangatangi Road

Mangatawhiri Road

Kaiaua Road

Mangatawhiri Road

State Highway 2

Mangatangi Road

Matangi Road

District boundary

Tauwhare Road

Mercer Ferry Road

Riverbank Road

Murray Road

Mile Bush Road

State Highway 22

Murray Road

Newell Road

State Highway 1

Devine Road

Onewhero-Tuakau Bridge Road

State Highway 22

Speed restriction

Onslow Street

Cul-de-sac west end

William Street

Otaua Road

Aka Aka Road

Waiuku-Otaua Road

Paparimu Road

Lyons Road

District boundary

Platt Road

State Highway 26

Tauwhare Road

Pokeno Road

Great South Road

Ridge Road

Rawiri Road

Mangatangi Road

State Highway 2

Rayner Road

Main Street

William Street

Rotowaro Road

Harris Street

Waingaro Road

State Highway 22

Tuakau Bridge

Hetherington Road

Tainui Bridge Road

State Highway 1

Harris Street

Te Mata Road

State Highway 23

Ruapuke Road

Te Pahu Road

State Highway 23

District boundary

Tuakau Bridge-Port Waikato Road

State Highway 22

Maunsell Road

Waingaro Road

Great South Road

Ohautira Road

Wainui Road

Bow Street

Whaanga Road

Wainui Road/Bankart Street

Wainui Road (north)

Wainui Road (north)

Waiuku-Otaua Road

Otaua Road

Misa Road

Wallis Street

Bow Street

End of kerb and channel

Whangarata Road

River Road

Ridge Road

William Street

Rayner Road

Onslow Street

Table 14.12.5.7 - Required parking spaces and loading bays

Activity

Minimum Required Parking Spaces

Minimum Required Loading Bays

Bulk retail and car yards

1 car space per 150m2gross floor area (GFA)

1 heavy goods vehicle (HGV)

Child care facility

1 car space per every full time staff equivalent plus 1 car space per 5 children that the facility is designed to accommodate

Nil

Clubrooms at sports
facilities

1 car space per 35m2GFA

1 HGV

Community facilities, conference facilities andplaces of assembly

1 car space per 15m2GFA, or 1 per 5 persons that the facility is designed to accommodate, whichever is greater

1 HGV

Marae complex

1 car space per 15m2GFA

1 HGV

Papakaainga building

1 car space per 30m2GFA

Nil

Dairies, takeaway food,

bottle stores

1 car space per 30m2GFA,
except that in the Rangitahi Residential Zone 1 car space per 50m2GFAis required

1 HGV, except that in the
Rangitahi Residential Zone 1 HGV per 1000m2ofGFAof Rangitahi commercial activity is required

Minor dwelling

1 car space perdwelling

Nil

Dwelling

2 car spaces are required fordwellings with 2 or more bedrooms and one car space is required for studio or 1-bedroom residential units

Nil

Retirement village

1 car space perdwellingor unit

1 HGV

Multi-unit development

1 car space perdwellingor unit

Nil

Emergency service facilities

1 car space per on-duty staff person, plus sufficient space for all the emergency vehicles that use thesite

Nil

Garden centres

1 car space per 100m2sitearea

1 HGV

Health facility, veterinary and personal services

3 car spaces per professional

Nil

Home occupations

In addition to residential requirements, 1 car space per employee plus 1 where

the activity attracts clients to thesite

Nil

Hospitality services

(e.g. cafes, taverns)

1 car space per 10m2net public floor area, except that in the Rangitahi Residential Zone 1 car space per 15m2net public floor area is required

1 HGV, except that in the
Rangitahi Residential Zone 1 HGV per
1000m2GFAof Rangitahi
commercial activity is required.

Housing for the elderly/
residential care

1 car space per 4 occupants

Nil

Indoor sports facilities

4 car spaces per sports court or 1 car space per 4 persons provided

for in the design

Nil

Industrial activity

1 car space per 100m2GFA

1 HGV

Infrastructuresitesand activities

1 car space per on-duty staff person

No parking space requirement shall apply to unstaffed facilities andsites

Nil

Office

1 car space per 35m2GFA

Nil

Outdoor sports field

15 car spaces per hectare of sports field

Nil

Hospital or care facilities associated withretirement village

2 car spaces per 3 patients accommodated plus 1 per 2 full-time staff equivalents

1 HGV

Retail activity

1 car space per 30 m2GFA, including

indoor and outdoor retail area

Nil

School

Primary -1 car space for every full time staff equivalent plus 2 for every 50 students accommodated.

Secondary - 1 car space for every full-time staff equivalent plus 1 per10
students accommodated in Years 11 to 13

1 bus space per 200 students where school bus services are provided

Service stations

1 car space per 45m2GFA
excluding car washes and canopies over petrol pumps, plus 3 queuing per car wash,
plus 4 per repair bay

Nil

Supermarket activity

1 car space per 25m2GFA

2 HGV

Tertiary education facilities

1 car space per every full-time staff equivalent plus 1 per every 3 full-time equivalent students provided for by the institution

1 HGV

Travellers' accommodation

1 car space per 4 persons to be accommodated (or in the Rangitahi Peninsula Zone 1 car space per accommodation unit), plus

2 for manager residences with more
than 1 bedroom, plus 1 for every 2 full-time staff equivalents (whichever is greater), plus

1 coach park per 30 hotel or back packers' beds

1 HGV

Table 14.12.5.9 - Required accessible parking spaces

Total number of car park spaces being provided

Minimum number of accessible car park spaces

1-20

1

21-50

2

For every additional 50 car parks above 50 car park spaces

1 additional

Table 14.12.5.10 - Required bicycle spaces

Activity

Number of bicycle spaces

All activities

Bicycle parking spaces are provided at a ratio of 1 bicycle space for every 10 car park spaces required.

Table 14.12.5.11 - Car manoeuvring and parking space dimensions

Type of Parking

Stall Width (a)

Stall Depth

Aisle Width (d)

Total Depth (e)

Parking

Angle

Type

From Wall (b)

From Kerb (c)

One Row

Two Rows

ALL MEASUREMENTS ARE IN METRES

0 deg

Parallel

2.5

See Note 1

3.5

5.9

8.3

30 deg

Nose in

2.5

4.2

4.0

3.5

7.7

11.9

°

Nose in

2.5

4.9

4.5

3.5

8.4

13.3

60 deg

Nose in

2.5

2.6

2.7

5.4

4.9

4.1

3.5

3.5

9.5

8.9

8.9

14.9

14.3

14.3

75 deg

Nose in

2.5

2.6

2.7

5.4

4.9

6.3

5.2

4.6

11.7

10.6

10.0

17.1

16.0

15.4

90 deg

Nose in

2.5

2.6

2.7

5.1

4.6

7.7

7.0

6.8

12.8

12.1

11.9

17.9

17.2

17.0

Table 14.12.5.12 - Queuing space

Number of parking spaces

Minimum queuing length at each vehicle entrance

Less than 3

No queuing space required.

Residential activities

3 - 20

5.5m

21 - 50

10.5m

51 - 100

15.5m

101 - 150

20.5m

151 or over

25.5m

Drive-through facilities with access from an arterial road

50m


Table 14.12.5.13 - Traffic generation rates

Activity

Indicative daily vehicle movements*

Bulk retail and car yards

45 per 100m2gross floor area(GFA)

Childcare and day care facility

4 per child the facility is designed to accommodate

Dairies, takeaway food, bottle stores

100 per 100m2GFA

Dwellings

10 perdwelling

Garden centres

150 per 100m2GFA

Health facility, veterinary, and personal services

4 per professional the facility is designed to accommodate

Hospitality services (e.g. cafes, bars)

90 per 100m2GFA

Housing for the elderly/residential care

2 per resident the facility is designed to accommodate

Industrial activities

30 per 100m2GFA

Offices

25 per 100m2GFA

Hospital

15 per patient bed the facility is designed to accommodate

Retail activity

130 per 100m2GFA

School

2 per student the primary school is designed to accommodate, or 1 per student the secondary school is designed to accommodate

Service stations

700 per 100m2GFA

Supermarket activity

130 per 100m2GFA

Tertiary education facilities

2 per student the facility is designed to accommodate

Travellers' accommodation

3 per bed the facility is designed to accommodate

* Based onTrips and parking related to land use- NZ Transport Agency research report 453, November 2011


Table 14.12.5.14 - Access and road conditions (Residential, Village, Business, Business Town Centre and Industrial Zones)

General

Seal Width

Berms

General

Road Type

Number ofAllotmentor Activities

Design Speed (km/h)

Design Vehicle

(RTS 18 Vehicle)

Minimum Road/ROW Reserve Width (m)

Minimum Trafficable Carriageway (m)

Minimum Median Provision (m)

Parking Provision

Minimum Total Seal Width (m) Does not include concrete kerb width

Minimum Services (m)

Minimum Footpath / Shared path (m)

Kerb and Channel / Water-table

Turning Area for no exit roads

(RTS 18 Vehicle)

Access and road conditions (Residential, Village, Business, Business Town Centre, Industrial and Heavy Industrial Zones)

Access leg to anallotment
(Residential, Village)

1

N/A

8m Rigid

4

N/A

Access leg to anallotment
(Business and Industrial)

1

N/A

6

N/A

Private access, including ROWs andAccess allotments
(Residential, Village)

2 to 4

N/A

8

5

N/A

N/A

4

Unsealed 1.2m on at least one side

N/A

Nib on one side, mountable on other

Subject to specific design that has been certified

Private access, including ROWs andAccess allotments
(Business and Industrial)

2 to 8

N/A

10

6

N/A

6

Mountable

Subject to specific design that has been certified

Access allotment
(Residential, Village)

5 to 8

N/A

8

5

Optional

5

Mountable

Yes

Service Lane
(Business and Industrial)

N/A

N/A

Subject to specific design that has been certified

8

6

No parking

6

Subject to specific design that has been certified

Optional

Non-mountable

Subject to specific design that has been certified

Local Road
(Residential, Village)

>8

50

8m Rigid

20

6

None

1m on each side

8

1.8m on each side

8m Rigid

Local Road
(Business and Industrial)

19m Semi

9

Optional

9

19m Semi

Collector Road
(Residential, Village)

>100

50

8m Rigid

22

6

Subject to specific design that has been certified

2.5m on each side

11

1.8m on each side

8m Rigid

Collector Road
(Business and Industrial)

19m Semi

7

12

19m Semi

Arterial Road
(Residential, Village)

N/A

60

19m Semi

30

10

3

Recessed 2.5m on each side

13

1.8m on each side

N/A

Arterial Road
(Business and Industrial)

Local roads in Lorenzen Bay Structure Plan Area

>8

50-80 (max)

N/A

17

(Complies withFigure 14.1.5.18)

6

2.5 metres on alternative sides

11

Subject to specific design that has been certified

1.5 metres on one side of the road

Subject to specific design that has been certified

Yes

Roads in Te Kauwhata Structure Plan area

>1

50-80 (max)

N/A

20

Refer toFigures 14.1.5.19-14.1.5.21(cross-sections)

Notes:

TheRegional Integrated Technical Specificationscontains further details on road width/design requirements

Figure 14.1.5.16illustrates the various parts of the road (seal width, berm etc.) defined inTables 14.12.4.14 and 14.12.4.15


Table 14.12.5.15 - Access and road conditions (Rural and Country Living Zones)

General

Seal Width

Berms

General

Road Type

Number ofAllotments
or Activities

Design Speed (km/h)

Design Vehicle

(RTS 18 Vehicle)

*Minimum Road/ROW Reserve Width (m)

Minimum Trafficable Carriageway (m)

Minimum Median Provision (m)

Parking Provision

Minimum Total Seal Width (m)

Does not include concrete kerb width

Minimum Services (m)

Minimum Footpath / Shared path (m)

Kerb and Channel / Water-table

Turning area for no exit roads

(RTS 18 Vehicle)

Rural and Country Living Zones

Access leg to anallotment

1

N/A

8m Rigid

6

N/A

Private access, including ROWs andAccess allotments

2 to 3

N/A

6

3

N/A

N/A

3

Subject to specific design that has been certified

N/A

Optional

Subject to specific design that has been certified

Access allotment

4 to 8

N/A

10

5

5

Yes

Local

>8

Subject
to specific design

Subject to specific design that has been certified

20

6

No

6

Subject to specific design that has been certified

Country living - nibs along seal edge.

All others to specific design that has been certified.

8m Rigid

Collector<1000 adt

>100

19m Semi

20

7

Subject to specific design that has been certified

8.5

Collector >1000 adt or Arterial

N/A

110

20

7

10

N/A


Figure 14.12.5.16 - Attachment to Tables 14.12.5.14 and 14.12.5.15

Note:The purpose of Figure 14.12.5.16 is to define the various aspects of the road as set out inTables14.12.5.14and14.12.5.15. Figure 14.12.5.16 is not intended to prescribe a preferred road layout.


Policy 15.2.1.6 - Managing natural hazard risk generally
  1. Provide for rezoning, subdivision, use and development outside High Risk Flood, High Risk Coastal Hazard (Inundation) and High Risk Coastal Hazard (Erosion) Areas where natural hazard risk has been appropriately identified and assessed and can be adequately avoided, remedied or mitigated and does not transfer or exacerbate risk to adjoining properties.

Policy 15.2.1.9 - Natural features and buffers providing natural hazard protection
  1. Protect, maintain and, where appropriate, enhance the integrity of natural features and buffers which provide a natural defence against the effects of natural hazards and sea level rise, including natural ponding areas, coastal dunes, intertidal areas, wetlands, waterbody margins, riparian/coastal vegetation and floodways.

Policy 15.2.1.12 - Reduce potential for flood damage to buildings located on the Waikato and Waipa River floodplains and flood ponding areas
  1. Reduce the potential for flood damage to buildings located on the Waikato and Waipa River floodplains and flood ponding areas by ensuring that the minimum floor level of building development is above the design flood levels / ponding levels in a 1% AEP flood event, plus an allowance for freeboard, unless:
    1. the building development is of a type that is not likely to suffer material damage during a flood; or
    2. the building is a small-scale addition to an existing building; or
    3. the risk from flooding is otherwise avoided, remedied or mitigated.

Policy 15.2.1.13 - Control filling of land within the 1% AEP floodplain and flood ponding areas
  1. Control filling of land within the 1% AEP floodplain and flood ponding areas to ensure that the potential adverse effects on flood storage capacity, overland flows, run-off volumes on surrounding properties on infrastructure, are avoided or mitigated.

Policy 15.2.1.14 - Hazardous substances located within floodplain and flood ponding areas
  1. Ensure that the location and storage of hazardous substances within the 1% AEP floodplain and flood ponding areas do not create an unacceptable hazard to people, property or the environment.

Policy 15.2.1.15 - Flood ponding areas and overland flow paths
  1. Manage stormwater hazards by requiring new subdivision and development within flood ponding areas and overland flow paths to adopt integrated catchment plan-based stormwater management methods which:
    1. maintain the flood storage capacity of natural floodplains, wetlands and ponding areas; and
    2. retain the function and capacity of overland flow paths to convey stormwater run-off; and
    3. do not transfer or increase risk elsewhere; and
    4. promote low impact stormwater management practices with reference to theWaikato Stormwater Management Guidelineand theRegional Infrastructure Technical Specifications (RITS); and
    5. minimise impervious surfaces.

Policy 15.2.1.18 - Residential development potentially subject to fire risk
  1. In areas assessed or identified as being potentially subject to elevated fire risk, ensure that an appropriate buffer area or setback is provided around new residential subdivision and development.

Policy 15.2.1.19 - Development on land subject to instability or subsidence
  1. Avoid locating new subdivision, use and development, including rezoning, on land assessed as being subject to, or likely to be subject to, instability or subsidence, unless appropriate mitigation is provided and the activity does not increase the risk to people, property or infrastructure.

Policy 15.2.1.21 - Stormwater management in areas subject to risk of land instability or subsidence
  1. Avoid discharge of stormwater directly to ground on land that is potentially at risk of land instability or subsidence unless:
    1. an assessment has been undertaken by an appropriately-qualified geotechnical specialist, indicating that the site is suitable for the proposed discharges; and
    2. any adverse effects on the site and receiving environment can be appropriately mitigated.

Policy 15.2.1.22 - Liquefaction-prone land risk assessment
  1. On land potentially prone to liquefaction, ensure that:
    1. an assessment by a geotechnical specialist occurs before new subdivision, use or development takes place; and
    2. the level of assessment reflects the type and scale of the subdivision, use or development and the overall vulnerability of the activity to the effects of liquefaction.

Policy 15.2.1.23 - Control activities on land susceptible to damage from liquefaction
  1. Control subdivision, use and development on land assessed as being susceptible to liquefaction-induced ground damage, to ensure that appropriate mitigation is provided so that the level of risk to people, property, infrastructure and the environment is acceptable.

Objective 15.2.3 - Climate change
A well-prepared community that:
  1. is able to adapt to the effects of climate change; and
  2. has transitioned to development that prioritises lower greenhouse gas emissions.

Policy 15.2.3.1 - Effects of climate change on new subdivision and development
  1. Ensure that adequate allowances are made for the projected effects of climate change in the design and location of new subdivision and development throughout the district, including undertaking assessments where relevant that provide for:
    1. the projected increase in rainfall intensity, as determined by national guidance, but being not less than 2.3oC by 2120;
    2. the projected increase in sea level, where relevant, as determined by national guidance, but being not less than 1m by 2120;
    3. in respect to new urban zoning, stress testing under the RCP 8.5 scenario for rainfall [1] and RCP 8.5H+ for sea level rise [2]; and
    4. in respect to the coastal environment, increases in storm surge, waves and win


[1] Stress testing under the RCP 8.5 scenario for rainfall, see Ministry for the Environment, 2018: Climate Change Projections for New Zealand. September 2018. Publication No. MFE 1385.
[2] Stress testing under the RCP 8.5H+ scenario for sea level rise, see Ministry for the Environment, 2017: Coastal Hazards and Climate Change – Guidance for Local Government. December 2017. Publication No. ME 1341.

Policy 15.2.3.2 - Future land use planning and climate change
  1. Increase the ability of the community to adapt to the effects of climate change when undertaking future land use planning by:
    1. ensuring the potential environmental and social costs of climate change, including effects on indigenous biodiversity (inland migration), historic heritage, Maaori Sites and Areas of Significance, mahinga kai, public health and safety, public access to the coast and waterway margins, and the built environment are addressed.
    2. encouraging the incorporation of sustainable design measures within new subdivision, landuse and development, including:
      • (A) low impact, stormwater management, urban design and green infrastructure;
      • (B) of relocatable buildings and structures in areas potentially at risk due to sea level rise or increased flood levels;
      • (C) efficient water storage;
      • (D) provision of renewable energy generation; and
      • (E) transferring to activities with lower greenhouse gas emissions.

(iii)providing ongoing monitoring of changes to the environment due to climate change; and

(iv)facilitating community discussion on adaptive pathways to manage the risks associated with climate change and incorporating them, where appropriate, into the district plan through plan changes.

    Policy 15.2.3.3 - Precautionary approach for dealing with uncertainty
    1. In areas throughout the district likely to be affected by climate change over the next 100 years, adopt a precautionary approach towards new subdivision, use and development which may have potentially significant or irreversible adverse effects, but for which there is incomplete or uncertain information.

    Policy 15.2.3.4 - Provide sufficient setbacks for new development
    1. Protect people, property and the environment from the projected adverse effects of climate change, including sea level rise, by providing sufficient setbacks from water bodies and the coast when assessing new development.
    2. Ensure that, in establishing development setbacks, adequate consideration is given to:
      1. the protection of natural ecosystems, including opportunities for the inland migration of coastal habitats;
      2. the vulnerability of the community;
      3. the maintenance and enhancement of public access to the coast and public open space;
      4. the requirements of infrastructure; and
      5. natural hazard mitigation provision, including the protection of natural defences.

    Policy 15.2.3.5 - Assess the impact of climate change on the level of natural hazard risks
    1. For all new subdivision, use and development requiring rezoning or a resource consent, ensure that account is taken of the projected effects of climate change over the next 100 years when assessing any identified risks from natural hazards, and their effects on people, property, infrastructure and the environment.
    2. Ensure that, when assessing the effects of climate change on the level of natural hazard risk in accordance with Policy 15.2.3.5(a) above, the allowances in Policy 15.2.3.1(a)(i)-(iv) are applied.
    3. Where the assessment required by Policy 15.2.3.5(a) and Policy 15.2.3.5(b) above indicates that natural hazards are likely to be exacerbated by climate change, ensure that subdivision and development are designed and located to avoid, or appropriately mitigate, any increased and cumulative risk, including increased risk of flooding, liquefaction, coastal inundation, coastal erosion, slope instability, fire, and drought.

    15.3 How to use and interpret the rules

    1. The activities covered by the rules in this chapter are also subject to the rules in the relevant zone chapters and the district-wide rules in Chapter 14 Infrastructure and Energy.
    2. Where subdivision is specified, a subdivision consent is also required under the provisions of the relevant zone chapter, and the district-wide rules in Chapter 14 Infrastructure and Energy will also apply.
    3. The rules in this chapter do not apply to:
      1. any activity which is a regulated activity under the National Environmental Standards for Telecommunication Facilities 2016 (NESTF);
      2. plantation forestry activities regulated under the National Environmental Standards for Plantation Forestry (NESPF).
    4. The information requirements for resource consent applications in respect to natural hazards are set out in Rule 15.13.
    15.12.1 Overview of method
    1. Areas in the district susceptible to liquefaction have not been identified on the planning maps as a natural hazard overlay as is the case with the other natural hazards in this chapter. Where specific land uses have already been identified as restricted discretionary activities in the activity status tables in the relevant zone, liquefaction risk has been added as a matter over which the Council will reserve its discretion, where it is considered relevant for that activity.  To satisfy the requirements of sections 104 and 106 of the RMA, identification of appropriate mitigation may be required where the site and proposed development are considered vulnerable to liquefaction based on site-specific characteristics. It is expected that best practice geotechnical and engineering methods will be used to ensure that the site is suitable for the intended use.
    2. Where potential liquefaction risk is identified as a matter that the Council restricts its discretion to, the additional matters outlined in Rules 15.12.2 and 15.12.3 below apply where relevant.
    15.12.2 Additional matters of restricted discretion for subdivision to create one or more additional vacant lots - liquefaction risk
    1. Where potential liquefaction risk is identified as a matter that the Council will restrict its discretion to in a subdivision rule elsewhere in this Plan, and where that proposal involves subdivision to create one or more additional vacant lots, the Council restricts its discretion to the following additional matters (note: these matters will also be relevant to the assessment of a discretionary or non-complying resource consent application where a potential liquefaction hazard has been identified on a site):
      1. Geotechnical assessment and/or investigation of any potential liquefaction hazard on the site at a level sufficient to confirm the level of risk and its suitability for the proposed activity (see information requirements in section 15.13);
      2. Measures proposed to mitigate the effects of liquefaction hazard if present including:
        1. Location, size, layout and design of allotments, structures, and building platforms, including consideration given to alternative siting away from where liquefaction risk is greatest;
        2. Location, timing, scale and nature of earthworks;
        3. Provision for ground strengthening and foundation design;
        4. Provision for resilient services and infrastructure, including wastewater, water supply, roads and access;
        5. Setbacks in relation to waterways, waterbodies or any steep change in ground elevation, sloping ground or free face, or alternative geotechnical measures to address any identified potential for lateral spread;
        6. Effects on adjoining properties.
    15.12.3 Additional matters of restricted discretion for new land use (e.g. multi-unit development) - liquefaction risk
    1. Where potential liquefaction risk is identified as a matter that the Council will restrict its discretion to in a rule elsewhere in this Plan for new land use, the Council restricts its discretion to the following additional matters (note: these matters will also be relevant to the assessment of a discretionary or non-complying resource consent application where a potential liquefaction hazard has been identified on a site):
      1. Geotechnical assessment and/or investigation of any potential liquefaction hazard on the site at a level sufficient to confirm the level of risk and its suitability for the proposed activity (see information requirements in section 15.13);
      2. Measures proposed to mitigate the effects of liquefaction hazard, if present, including:
        1. Location, size, layout and design of buildings, structures, car parking areas, access and provision for resilient infrastructure and services, including wastewater, stormwater and water supply;
        2. Location, timing, scale and nature of earthworks;
        3. Provision for ground strengthening and foundation design;
        4. Setbacks in relation to waterways, waterbodies or any steep change in ground elevation, sloping ground (or free face, or alternative geotechnical measures to address any identified potential for lateral spread);
        5. Consideration given to ease of repair (including access to repair damaged structures) of liquefaction-induced damage;
        6. Effects on adjoining properties.
    15.13.1 General
    1. The following documents, to the extent relevant to the proposal:
      1. Geotechnical assessment, including identification and assessment of any potentially liquefaction-prone land and land subject to slope instability;
      2. An assessment of natural hazard risk, including the type of natural hazards present, such as flooding, slope stability, liquefaction, subsidence and coastal hazards.  The assessment shall include the level of risk and any increase in risk as a result of the proposal associated with each hazard. Where applicable, the projected effects of climate change over the period to 2120 must be included;
      3. Remediation and mitigation measures necessary to make the site and any proposed buildings suitable for the proposed use, such as minimum floor levels, foundation design for relocatability, and appropriate time limits and/or triggers for the removal of any building and onsite wastewater disposal systems.
    2. Plans identifying:
      1. Topographical features within the site and surrounding area;
      2. The location of natural hazards on all or part of the site.
    15.13.2 Liquefaction Potential
    1. For land use resource consent applications where the additional matters the Council will restrict its discretion to include liquefaction, as per Rule 15.12.3, the following information is required:
      1. A preliminary geotechnical assessment in sufficient detail to determine:
        1. the liquefaction vulnerability category, being either 'liquefaction damage is unlikely' or 'liquefaction damage is possible', as shown in Table 4.4 in'Preliminary Document: Planning and engineering guidance for potentially liquefaction-prone land – Resource Management Act and Building Act aspects. Pub MfE and MBIE, September 2017'; or
        2. whether or not the site is susceptible to liquefaction using an alternative accepted method, observation, or desk-top study.
      2. Where a 'liquefaction damage is possible' category has been identified for the site as per 15.13.2(1)(a)(i) above, or an alternative accepted method, observation or desktop study indicates that the site is susceptible to liquefaction as per 15.13.2(1)(a)(ii) above, the assessment will be required to determine the liquefaction vulnerability in more detail, and in proportion to the scale and significance of the liquefaction hazard, and must:
        1. Identify any areas which require particular ground strengthening or other mitigation measures, and recommendations for such mitigation; and
        2. Identify areas to be excluded from built development, due to liquefaction hazard constraints (which includes lateral spread), or which require geotechnical setbacks; and
        3. Indicate options and recommended locations for the proposed activities and infrastructure recommended by the geotechnical engineer.
      3. All geotechnical assessments in respect of liquefaction risk are to be prepared by a suitably-qualified and experienced engineer with experience in geotechnical engineering or a Professional Engineering Geologist (IPENZ registered).
    2. For subdivision consent applications that create one or more additional vacant lots as per Rule 15.12.2:
      1. an assessment in accordance with 15.13.2(1)(a) above will be required to be provided.
      2. Where a 'liquefaction damage is possible' category has been identified for the site as per 15.13.2(1)(a)(i) above, or an alternative accepted method, observation, or desktop study indicates that the site is susceptible to liquefaction as per 15.13.2(1)(a)(ii) above, the subdivision application will be required to include sufficient information and proposed measures to satisfy that liquefaction risk can be adequately avoided, remedied or mitigated, including the potential effects of lateral spread.
      3. Subdivision plans shall show, to the extent relevant or appropriate to the scale and significance of the liquefaction hazard identified:
        1. any areas which require particular ground strengthening or other mitigation measures, and recommendations for such mitigation; and
        2. any areas which should be excluded from built development due to geotechnical constraints, or which require geotechnical setbacks; and
        3. any features of subdivision layout recommended by the geotechnical engineer, for example any recommended locations for proposed activities and other infrastructure as a result of geotechnical constraints.
      4. All geotechnical reports in respect of liquefaction potential are to be prepared by a suitably-qualified and experienced engineer with experience in geotechnical engineering or a Professional Engineering Geologist (IPENZ registered).

    Flood plain management area
    Stage 2 Content
    Means an area identified on the planning maps which is at risk of flooding in a 1% AEP flood event and is otherwise described as the 1% AEP floodplain.

    Risk assessment
    Stage 2 Content
    Means the overall process of risk identification, risk analysis and risk evaluation.

    Chapter 16: Residential Zone

    (1)The rules that apply to activities in the Residential Zone are contained inRule 16.1Land Use – Activities,Rule 16.2Land Use – Effects andRule 16.3Land Use – Building.

    (2)The rules that apply to subdivision in the Residential Zone are contained inRule 16.4.

    (3)The activity status tables and standards in the following chapters also apply to activities in the Residential Zone:
    14Infrastructure and Energy;
    15Natural Hazards and Climate Change(Placeholder).

    (4)The following symbols are used in the tables:

    (a)PRProhibited activity

    (b)PPermitted activity

    (c)CControlled activity

    (d)RDRestricted discretionary activity

    (e)DDiscretionary activity

    (f)NCNon-complying activity

    (5)The Residential Zone contains a Specific Area that is Lakeside Te Kauwhata Precinct.Rule 16.5manages all land use, building and subdivision in this location.Rule 16.5.1sets out how to apply rules to Lakeside Te Kauwhata Precinct that are either different from, or are in addition to, other rules that apply to the rest of the Resident Zone.


    (1)The activities listed below are restricted discretionary activities.

    (2)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

    Activity

    Council's discretion shall be restricted to the following matters:

    RD1

    AMulti-Unit developmentthat meets all of the following conditions:

    (a)The Land Use – Effects rules inRule 16.2;

    (b)The Land Use – Building rules inRule 16.3,except the following rules do not apply:

    (i)Rule 16.3.1, Dwelling;

    (ii)Rule 16.3.8Building coverage;

    (iii)Rule 16.3.9Living court;

    (iv)Rule 16.3.10Service court;

    (c)The minimumnet site areaperresidential unitis 300m²;

    (d)TheMulti-Unit developmentis connected to public wastewater and water reticulation;

    (e)Totalbuilding coverageof thesitedoes not exceed 50%;

    (f)Eachresidential unitis designed and constructed to achieve the internal design sound level specified inAppendix 1(Acoustic Insulation) – Table 14;

    (g)Service courtareas are provided to meet the following minimum requirements for eachresidential unit:

    (i)At least 2.25m² with a minimum dimension of 1.5 metres of outdoor or indoor space at ground floor level for the dedicated storage of waste and recycling bins;

    (ii)At least 3m² with a minimum dimension of 1.5 metres of outdoor space at ground floor level for washing lines; and

    (iii)The required spaces in (g)(i) or (g)(ii) for eachresidential unitshall be provided individually, or as a dedicatedcommunal service court.

    (h)Living courtareas are provided to meet the following minimum requirements for eachresidential unit:

    Duplexdwelling

    Area

    Minimum dimension

    Studio unit or 1 bedroom

    30 m²

    4m

    2 or more bedrooms

    40 m²

    4m

    ApartmentBuilding

    Ground LevelResidential Unit

    Area

    Minimum Dimension

    Studio unit or 1 bedroom

    20 m²

    4m

    2 or more bedrooms

    30 m²

    4m

    ApartmentBuilding

    Upper LevelsResidential Unit

    Area

    Minimum Dimension

    Studio unit or 1 bedroom

    10m2

    2m

    2 or more bedrooms

    15m2

    2m

    (a)Density of the development;

    (b)The manner in which the provisions of the Multi-Unit Design contained inAppendix 3.4have been incorporated;

    (c)Contribution of the development to and engagement with adjacent streets and public open space;

    (d)The visual quality and interest created through design such as the separation ofbuildings, variety in built form and architectural detailing, glazing, materials and colour;

    (e)The incorporation of energy efficiency measures such as passive solar principles;

    (f)Amenity values for occupants and neighbours in respect of outlook, privacy, noise, light spill, access to sunlight,living courtorientation,sitedesign and layout;

    (g)Staging needed to ensure that development is carried out in a coordinated and timely manner;

    (h)Avoidance or mitigation of natural hazards;

    (i)Geotechnical suitability forbuilding;

    (j)Provision ofinfrastructureto individual units,

    16.1.1 Prohibited Activities

    (1)The following activity is a prohibited activity. No application for resource consent for a prohibited activity can be made and a resource consent must not be granted.

    PR1

    Anybuilding, structure, objects or vegetation that obscure the sight line of the Raglan navigation beacons for vessels entering Whaingaroa (Raglan Harbour) (refer toAppendix 7).

    16.1.2 Permitted Activities

    (1)The following activities are permitted activities if they meet all the following:

    (a)Land Use – Effects rules inRule 16.2(unless the activity rule and/or activity-specific conditions identify a condition(s) that does not apply);

    (b)Land Use – Building rules inRule 16.3(unless the activity rule and/or activity-specific conditions identify a condition(s) that does not apply);

    (c)Activity-specific conditions.

    Activity

    Activity-specific conditions

    P1

    Residential activity,unless specified below.

    Nil

    P2

    AMarae ComplexorPapakaainga Housing DevelopmentonMaaori Freehold Landor onMaaori Customary Land.

    (a)The totalbuilding coveragedoes not exceed 50%;

    (b)Where the land is vested in trustees whose authority is defined in a Trust Order and/or a Maaori Incorporation, the following is provided to Council with the associatedbuilding consent application:

    (i)AConcept Management Planapproved by the Maori Land Court and

    (ii)A Licence to Occupy;

    (c)Where a Trust Order or Maaori Incorporation does not exist, one of the following instruments is provided to Council at the time of lodgement of the application forbuildingconsent:

    (i)AConcept Management Planapproved by the Maori Land Court;

    (ii)A lease, or an Occupation Order of the Maori Land Court;

    (d)The following Land Use – Effects rules in Rule 16.3 do not apply:

    (i)Rule 16.3.1(Dwelling);

    (ii)Rule 16.3.2(Minor dwellings);

    (iii)Rule 16.3.6(Building Coverage).

    P3

    A newretirement village or alterations to an existingretirement village:

    (a)Thesiteor combination ofsiteswhere theretirement villageis proposed to be located has a minimumnet site areaof 3ha;

    (b)Thesiteis either serviced by or within 400m walking distance of public transport;

    (c)The site is connected to public water and wastewaterinfrastructure;

    (d)Minimumliving courtor balcony area and dimensions:

    (i)Apartment– 10m2area with minimum dimension horizontal and vertical of 2.5m;

    (ii)Studio unit or 1 bedroom unit – 12.5m2area with minimum dimension horizontal and vertical of 2.5m; or

    (iii)2 or more bedroomed unit – 15m2area with minimum dimension horizontal and vertical of 2.5m;

    (e)Minimumservice courtis either:

    (i)Apartment– Communal outdoor space (ie no individualservice courts required); or

    (ii)All other units – 10m2for each unit;

    (f)Buildingheightdoes not exceed 8m,except for 15% of the totalbuilding coverage, wherebuildingsmay be up to 10m high;

    (g)The following Land Use – Effects rule inRule 16.2does not apply:

    (i)Rule 16.2.7(Signs);

    (h)The following Land Use – Building rules inRule 16.3do not apply:

    (i)Rule 16.3.1(Dwelling);

    (ii)Rule 16.3.3(Building Height);

    (iii)Rule 16.3.7(Living Court);

    (iv)Rule 16.3.8(Service Court);

    (i)The following Infrastructure and Energy rule in Rule Chapter 14 does not apply:

    (i)Rule 14.12.1P4(1)(a)(Traffic generation).

    P4

    Home occupation

    (a)It is wholly contained within abuilding;

    (b)The storage of materials or machinery associated with thehome occupationare wholly contained within abuilding;

    (c)No more than 2 people who are not permanent residents of thesiteare employed at any one time;

    (d)Unloading and loading of vehicles or the receiving of customers or deliveries only occur between 7:30am and 7:00pm on any day;

    (e)Machinery may be operated between 7:30am and 9pm on any day.

    P5

    Temporary event

    (a)The event occurs no more than 3 times per consecutive 12 month period;

    (b)The duration of each temporary event is less than 72 hours;

    (c)It may operate between 7.30am and 8:30pm Monday to Sunday;

    (d)Temporary structures are:

    (i)erected no more than 2 days before thetemporary event occurs;

    (ii)removed no more than 3 days after the end of the event;

    (e)Thesiteis returned to its previous condition no more than 3 days after the end of thetemporary event;

    (f)There is no directsiteaccess from a national route or regional arterial road.

    P6

    Cultural event onMaaori Freehold Landcontaining aMarae Complex

    Nil

    P7

    Community activity

    Nil

    P8

    Neighbourhood park

    Nil

    P9

    Homestay

    (a)No more than 4 temporary residents;

    (b)No more than two people who are not permanent residents of thesiteare employed at any one time.

    P10

    Agricultural, horticultural and viticultural activities

    (a)Must be within the Residential West Te Kauwhata Area.

    P11

    Neighbourhood centre

    (a)Must be within an area identified in a Council approved Structure Plan or Master Plan.

    P12

    Commercial activity

    (a)Must be within the Bankart Street and Wainui Road Business Overlay Area.

    16.1.3 Restricted Discretionary Activities
    1. The activities listed below are restricted discretionary activities.
    2. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

    ActivityCouncil's discretion shall be restricted to the following matters:
    RD1A Multi-Unit development that meets all of the following conditions:
    1. The Land Use – Effects rules in Rule 16.2;
    2. The Land Use – Building rules in Rule 16.3, except the following rules do not apply:
      1. Rule 16.3.1, Dwelling;
      2. Rule 16.3.8 Building coverage;
      3. Rule 16.3.9 Living court;
      4. Rule 16.3.10 Service court;
    3. The minimum net site area per residential unit is 300m²;
    4. The Multi-Unit development is connected to public wastewater and water reticulation;
    5. Total building coverage of the site does not exceed 50%;
    6. Each residential unit is designed and constructed to achieve the internal design sound level specified in Appendix 1 (Acoustic Insulation) – Table 14;
    7. Service court areas are provided to meet the following minimum requirements for each residential unit:
      1. At least 2.25m² with a minimum dimension of 1.5 metres of outdoor or indoor space at ground floor level for the dedicated storage of waste and recycling bins;
      2. At least 3m² with a minimum dimension of 1.5 metres of outdoor space at ground floor level for washing lines; and
      3. The required spaces in (g)(i) or (g)(ii) for each residential unit shall be provided individually, or as a dedicated communal service court.
    8. Living court areas are provided to meet the following minimum requirements for each residential unit:

    Duplex dwellingAreaMinimum dimension
    Studio unit
    or 1
    bedroom
    30m24m
    2 or more bedrooms40m24m


    Apartment
    Building
    Ground Level
    Residential Unit
    AreaMinimum dimension
    Studio unit
    or 1
    bedroom
    20m24m
    2 or more bedrooms30m24m


    Apartment
    Building
    Upper Levels
    Residential Unit
    AreaMinimum dimension
    Studio unit
    or 1
    bedroom
    10m22m
    2 or more bedrooms15m22m
    1. Density of the development;
    2. The manner in which the provisions of the Multi-Unit Design contained in Appendix 3.4 have been incorporated;
    3. Contribution of the development to and engagement with adjacent streets and public open space;
    4. The visual quality and interest created through design such as the separation of buildings, variety in built form and architectural detailing, glazing, materials and colour;
    5. The incorporation of energy efficiency measures such as passive solar principles;
    6. Amenity values for occupants and neighbours in respect of outlook, privacy, noise, light spill, access to sunlight, living court orientation, site design and layout;
    7. Staging needed to ensure that development is carried out in a coordinated and timely manner;
    8. Avoidance or mitigation of natural hazards;
    9. Geotechnical suitability for building, including liquefaction risk (refer to Chapter 15);
    10. Provision of infrastructure to individual units
    16.1.4 Discretionary Activities

    (1)The activities listed below are discretionary activities.

    D1

    Any permitted activity that does not comply with a ‘Activity-Specific Condition’ inRule 16.1.2.

    D2

    Any permitted activity that does not comply withthe Land Use - EffectsRule16.2or Land Use - Building Rule16.3unless the activity status is specified as controlled, restricted discretionary or non-complying.

    D3

    AnyMulti-unit developmentthat does not comply withRule 16.1.3RD1.

    16.1.5 Non-complying Activities

    (1)The activities listed below are non-complying activities.

    NC1

    Any activity that is not listed as Prohibited, Permitted, Restricted Discretionary or Discretionary.

    16.2.1 Noise

    (1)Rules16.2.1.1and16.2.1.2provide the permitted noise levels generated by land use activities.

    (2)Rule16.2.1.1Noise – general provides permitted noise levels in the Residential Zone.

    (3)Rule16.2.1.2Noise – Construction provides the noise levels for construction activities


    16.2.1.1 Noise - General

    P1

    Farming noise, and noise generated byemergency generators and emergency sirens.

    P2

    (a)Noise measured within any othersitein the Residential Zone must not exceed:

    (i)50dB (LAeq), 7am to 7pm, every day;

    (ii)45dB (LAeq), 7pm to 10pm, every day; and

    (iii)40dB (LAeq) and 65dB (LAmax), 10pm to 7am the following day.

    P3

    (a)Noise levels shall be measured in accordance with the requirements ofNZS 6801:2008 Acoustics - Measurement of Environmental Sound; and

    (b)Noise levels shall be assessed in accordance with the requirements ofNZS 6802:2008 Acoustics - Environmental noise.

    D1

    Noise that does not comply withRule 16.2.1.1 P2 or P3.

    16.2.1.2 Noise - Construction

    P1

    (a)Construction noise must meet the limits inNZS 6803:1999 Acoustics – Construction Noise; and

    (b)Construction noise must be measured and assessed in accordance with the requirements ofNZS6803:1999 Acoustics – Construction Noise.

    RD1

    (a)Construction noise that does not comply withRule 16.2.1.2 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Effects on amenity values;

    (ii)Hours and days of construction;

    (iii)Noise levels;

    (iv)Timing and duration; and

    (v)Methods of construction.

    16.2.2 Servicing and hours of operation - Bankart Street and Wainui Road Business Overlay Area

    P1

    The loading and unloading of vehicles and the receiving of customers and deliveries associated with acommercial activitywithin the Bankart Street and Wainui Road Business Overlay Area may occur between 7.30am and 6:30pm.

    D1

    The servicing and hours of operation of acommercial activitythat does not comply withRule 16.2.2 P1.

    16.2.3 Glare and artificial light spill

    P1

    Glare and artificial light spill must not exceed 10luxmeasured horizontally and vertically within any othersite.

    RD1

    (a)Illumination that does not comply withRule 16.2.3 P1.

    (b)TheCouncil's discretion shall be restricted to the following matters:

    (i)Effects on amenity values;

    (ii)Light spill levels on other sites;

    (iii)Road safety;

    (iv)Duration and frequency;

    (v)Location and orientation of the light source; and

    (vi)Mitigation measures.

    16.2.4 Earthworks

    (1)Rule16.2.4.1– General, provides the permitted rules for earthworks activities for the Residential Zone.

    (2)There are specific standards for earthworks within rules:

    (a)Rule16.2.4.2– Maaori Sites and Maaori Areas of Significance;

    (b)Rule16.2.4.3– Significant Natural Areas;

    (c)Rule16.2.4.4– Landscape and Natural Character Areas.

    16.2.4.1 Earthworks - General

    P1

    (a)Earthworks(excluding the importation offill material) within asitemust meet all of the following conditions:

    (i)Be located more than 1.5 m horizontally from any waterway, open drain oroverland flow path;

    (ii)Not exceed a volume of 250m3;

    (iii)Not exceed an area of 1000m2over any consecutive 12 month period;

    (iv)The total depth of any excavation or filling does not exceed 1.5m above or below ground level;

    (v)The slope of the resulting cut, filled areas or fill batter face instable ground, does not exceed a maximum of 1:2 (1 vertical to 2 horizontal);

    (vi)Earthworksare set back 1.5m from allboundaries:

    (vii)Areas exposed byearthworksare re-vegetated to achieve 80% ground cover within 6 months of the commencement of theearthworks;

    (viii)Sediment resulting from theearthworksis retained on thesitethrough implementation and maintenance of erosion and sediment controls;

    (ix)Do not divert or change the nature of natural water flows, water bodies or established drainage paths.

    P2

    Earthworksfor the purpose of creating abuilding platformfor residential purposes within asite,using importedfill materialmust meet the following condition:

    (a)Be carried out in accordance withNZS 4431:1989 Code of Practice for Earth Fillfor Residential Development.

    P3

    (a)Earthworksfor purposes other than creating abuilding platformfor residential purposes within asite,using importedfill materialmust meet all of the following conditions:

    (i)Not exceed a total volume of 20m3;

    (ii)Not exceed a depth of 1m;

    (iii)The slope of the resulting filled area instable groundmust not exceed a maximum slope of 1:2 (1 vertical to 2 horizontal);

    (iv)Fill materialis setback 1.5m from allboundaries;

    (v)Areas exposed by filling are revegetated to achieve 80% ground cover within 6 months of the commencement of theearthworks;

    (vi)Sediment resulting from the filling is retained on thesitethrough implementation and maintenance of erosion and sediment controls;

    (vii)Do not divert or change the nature of natural water flows, water bodies or established drainage paths.

    RD1

    (a)Earthworksthat do not comply withRule 16.2.4.1 P1, P2 or P3.

    (b)TheCouncil's discretion shall be restricted to the following matters:

    (i)Amenity values and landscape effects;

    (ii)Volume, extent and depth ofearthworks;

    (iii)Nature offill material;

    (iv)Contamination offill material;

    (v)Location of theearthworksin relation to waterways, significantindigenous vegetationand habitat;

    (vi)Compaction of thefill material;

    (vii)Volume and depth offill material;

    (viii)Protection of the Hauraki Gulf Catchment Area;

    (ix)Geotechnical stability;

    (x)Flood risk, including natural water flows and established drainage paths; and

    (xi)Land instability, erosion and sedimentation.

    NC1

    Earthworksincluding the importation ofcleanfillto asite.

    16.2.4.2 Earthworks - Maaori Sites and Maaori Areas of Significance

    RD1

    (a)Earthworkswithin aMaaori Site of Significanceas identified inSchedule 30.3(Maaori Site of Significance) and shown on the planning maps.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)location of activity in relation to thesite;

    (ii)effects on heritage and cultural values.

    RD2

    (a)Earthworkswithin aMaaori area of significanceas identified inSchedule 30.4(Maaori Area of Significance) and shown on the planning maps.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)location of activity in relation to thesite;

    (ii)effects on heritage and cultural values.

    16.2.4.3 Earthworks - Significant Natural Areas

    P1

    (a)Earthworksfor the maintenance of existing tracks, fences or drains within an identifiedSignificant Natural Areaand must meet all of the following conditions:

    (i)Maximum volume of 50m3in a single consecutive 12 month period;

    (ii)Maximum area of 250m2in a single consecutive 12 month period; and

    (iii)Not include importing anyfill material.

    RD1

    (a)Earthworksthat do not comply withRule 16.2.4.3 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)The location ofearthworksin relation to waterways, significantindigenous vegetationor habitat;

    (ii)The protection of adverse effects on theSignificant Natural Areavalues.

    D1

    Earthworkswithin an identifiedSignificant Natural Areanot provided for inRule 16.2.4.3 P1 or RD1.

    16.2.4.4 Earthworks - Landscape and Natural Character Areas

    P1

    (a)Earthworksfor the maintenance of existing tracks, fences or drains within an identified Landscape or Natural Character Area and must meet all of the following conditions;

    (i)Theearthworksare undertaken within a single consecutive 12 month period;

    (ii)Theearthworksmust not exceed the following areas and volumes within a single consecutive 12 month period:

    Landscape or Natural Character Area

    Area (m2)

    Volume (m3)

    Significant Amenity Landscape(SAL) sand dune




    50




    250

    High orOutstanding Natural Characterarea of the coastal environment

    Outstanding Natural Feature(ONF) sand dune

    Outstanding Natural Feature(ONF)

    Outstanding Natural Landscapes(ONLs)

    (iii)Theheight of the resulting cut or batter face instable grounddoes not exceed 1.5m;

    (iv)The maximum slope of the resulting cut or batter face instable grounddoes not exceed 1:2 (1m vertical to 2m horizontal);

    (v)Areas exposed by theearthworksare re-vegetated to achieve 80% ground cover within 6 months of the commencement of theearthworks;

    (vi)Sediment is retained on thesitethrough implementation and maintenance of erosion and sediment controls;

    (vii)Theearthworksdo not divert or change natural water flows, water bodies or established drainage paths.

    D1

    Earthworksthat do not comply withRule 16.2.4.4 P1.

    16.2.5 Hazardous substances

    P1

    (a)Theuse,storageor disposal of anyhazardous substancewhere:

    (i)the aggregate quantity of anyhazardous substanceof anyhazardclassification on asiteis less than the quantity specified in the Residential zone inTable 5.1contained withinAppendix5(Hazardous Substances).

    P2

    (a)Thestorageoruseof radioactive materials is:

    (i)an approved equipment for medical and diagnostic purposes; or

    (ii)specified as an exempt activity or article in theRadiation Safety Act and Regulations 2017.

    D1

    Theuse,storageor disposal of anyhazardous substancesthat does not comply withRule 16.2.5 P1 or P2.

    16.2.6 Notable trees

    (1)Rules 16.2.6.1 to 16.2.6.4provide permitted rules for works on notable trees, which are identified inSchedule 30.2(Notable Trees)as follows:

    (a)Rule 16.2.6.1- Removal or destruction;

    (b)Rule 16.2.6.2– Trimming;

    (c)Rule 16.2.6.3- Activities within the dripline

    16.2.6.1 Notable trees - Removal or destruction

    P1

    Removal or destruction of a notable tree identified inSchedule 30.2(Notable Trees)where certification is provided to Council from aworks arboristthat states that the tree is dead, dying, diseased or is unsafe in accordance withAppendix 11Tree Removal Certificate.

    RD1

    (a)Removal or destruction of a notable tree identified inSchedule 30.2(Notable Trees)that does not comply withRule 16.2.6.1 P1.

    (b)Council’s discretion is restricted to the following matters:

    (i)Timing and manner in which the activity is carried out;

    (ii)Effects on amenity values; and

    (iii)Effects on heritage values.

    16.2.6.2 Notable tree - Trimming

    P1

    (a)The trimming of a notable tree identified inSchedule 30.2(Notable Trees)is either:

    (i)to remove dead, dying, or diseased branches and the tree work is undertaken by aworks arborist; or

    (ii)the maximum branch diameter does not exceed 50mm at severance and no more than 10% of live foliage growth is removed in any single consecutive 12 month period.

    RD1

    (a)The trimming of a notable tree that does not comply withRule16.2.6.2. P1.

    (b)Council’s discretion is restricted to the following matters:

    (i)Timing and manner in which the activity is carried out;

    (ii)Effects on amenity values.

    16.2.6.3 Notable tree - Activities within the dripline

    P1

    (a)Any activity within thedriplineof a notable tree identified inSchedule 30.2(Notable Trees)must comply with all of the following conditions:

    (i)No excavation, compaction, sealing or soil disturbance and placement offill material, except for the sealing of an existing road or footpath;

    (ii)No parking or storage of materials, vehicles or machinery;

    (iii)Discharge of an eco-toxic substance; and

    (iv)No construction of structures.

    RD1

    (a)Any activity that does not comply withRule 16.2.6.3 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Location of activity in relation to the tree;

    (ii)Timing and manner in which the activity is carried out;

    (iii)Remedial measures;

    (iv)Effect on the health of the tree; and

    (v)Amenity values.

    16.2.7 Signs

    (1)Rule16.2.7.1Signs – general provides permitted standards for any sign, including real estate signs, across the entire Residential Zone.

    (2)Rule16.2.7.2Signs – effects on traffic applies specific standards for signs that are directed at road users.

    16.2.7.1 Signs - general

    P1

    A public informationsignerected by a government agency.

    P2

    (a)Asignmust comply with all of the following conditions:

    (i)It is the onlysignon thesite;

    (ii)Thesignis wholly contained within thesite;

    (iii)Thesigndoes not exceed 0.25m2;

    (iv)Thesign heightdoes not exceed 2m;

    (v)Thesignis not illuminated;

    (vi)Thesigndoes not contain any moving parts, fluorescent, flashing or revolving lights or reflective materials;

    (vii)Thesignis set back at least 50m from the designated boundary of a state highway and the Waikato Expressway;

    (viii)Thesigndoes not project over road reserve;

    (ix)Thesignis not attached to a tree identified inSchedule 30.2Notable Trees,except for thepurpose of identification and interpretation;

    (x)Thesignis not attached toaheritage itemlisted inSchedule 30.1(Heritage Items), except for thepurpose of identification and interpretation;

    (xi)Thesignis not attached to aMaaori Site of Significancelisted inSchedule 30.3(Maaori Sites of Significance), except for thepurpose of identification and interpretation;

    (xii)Thesignrelates to:

    A.goods or services available on thesite; or

    B.a property namesign.

    P3

    (a)A real estate 'for sale'signrelating to thesiteon which it is located must comply with all of the following conditions:

    (i)There is no more than 1signper agency;

    (ii)Thesignis not illuminated;

    (iii)Thesigndoes not contain any moving parts, fluorescent, flashing or revolving lights or reflective materials;

    (iv)Thesigndoes not project into or over road reserve.

    RD1

    (a)Asignthat does not comply withRule 16.2.7.1 P2 or P3.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Amenity values;

    (ii)Character of the locality;

    (iii)Effects on traffic safety;

    (iv)Glare and artificial light spill;

    (v)Content, colour and location of thesign;

    (vi)Effects on a notable tree;

    (vii)Effects on the heritage values of anyheritage itemdue to the size, location, design andappearance of thesign;

    (viii)Effects on cultural values of anyMaaori Site of Significance;and

    (ix)Effectson notable architectural features of abuilding.

    16.2.7.2 Signs - Effects on traffic

    P1

    (a)Anysigndirected at road users must:

    (i)Not imitate the content, colour or appearance of any traffic controlsign;

    (ii)Be located at least 60m from controlled intersections, pedestrian crossings and any othersign;

    (iii)Not obstruct sight lines of drivers turning into or out of asiteentrance and intersections;

    (iv)Be able to be viewed by drivers for at least 130m;

    (v)Contain no more than 40 characters and no more than 6 symbols;

    (vi)Have lettering that is at least 150mm high;

    (vii)Be at least 130m from asiteentrance, where thesigndirects traffic to the entrance.

    D1

    Anysignthat does not comply withRule 16.2.7.2 P1.

    16.2.8 Indigenous vegetation clearance inside a Significant Natural Area

    P1

    (a)Indigenousvegetation clearancein aSignificant Natural Areaidentified on the planning maps or inSchedule 30.5(Urban Allotment Significant Natural Areas)for the following purposes:

    (i)Removing vegetation that endangers human life or existingbuildings or structures;

    (ii)Conservation fencing to exclude stock or pests;

    (iii)Maintaining existing farm drains;

    (iv)Maintaining existing tracks and fences;

    (v)Gathering plants in accordance with Maaori customs and values;

    P2

    Removal of up to 5m3of manuka and/or kanuka outside of the Coastal Environment per year per property for domestic firewood purposes or arts and crafts provided the removal will not directly result in the death, destruction or irreparable damage of any other tree, bush or plant

    P3

    (a)Indigenousvegetation clearanceforbuilding, access, parking and manoeuvring areas in aSignificant Natural Areaidentified on the planning maps or inSchedule 30.5(Urban Allotment Significant Natural Areas)must comply with all of the following conditions:

    (i)There is no alternative development area on thesiteoutside theSignificant Natural Area; and

    (ii)The totalindigenousvegetation clearancedoes not exceed 250m2.

    P4

    (a)OnMaaori Freehold LandorMaaori Customary Land,indigenousvegetation clearancein aSignificant Natural Areaidentified on the planning maps or inSchedule 30.5(Urban Allotment Significant Natural Areas)where:

    (i)There is no alternative development area on the site outside theSignificant Natural Area;

    (ii)The following total areas are not exceeded:

    A.1500m2for aMarae complex, including areas associated with access parking and manoeuvring;

    B.500m2perdwelling, including areas associated with access parking and manoeuvring; and

    C.500m2for apapakaainga buildingincluding areas associated with access parking and manoeuvring.

    P5

    (a)OnMaaori Freehold LandorMaaori Customary Land,indigenousvegetationclearancein aSignificant Natural Areaidentified on the planning maps or inSchedule 30.5(Urban Allotment Significant Natural Areas)for the following purposes:

    (i)Removing vegetation that endangers human life or existingbuildings or structures;

    (ii)Conservation fencing to exclude stock or pests;

    (iii)Maintaining existing farm drains;

    (iv)Maintaining existing tracks and fences; or

    (v)Gathering plants in accordance with Maaori customs and values.

    P6

    Removal of up to 5m3of manuka and/or kanuka outside of the Coastal Environment per year per property for domestic firewood purposes or arts and crafts provided the removal will not directly result in the death, destruction or irreparable damage of any other tree, bush or plant.

    D1

    Indigenousvegetation clearancein aSignificant Natural Areaidentified on the planning maps or inSchedule 30.5(Urban Allotment Significant Natural Areas)that does not comply with one or more conditions inRule 16.2.8 P1, P2, P3, P4, P5 or P6.

    16.3.1 Dwelling

    P1

    Onedwellingwithin asite.

    D1

    Adwellingthat does not comply withRule 16.3.1 P1.

    16.3.2 Minor dwelling

    P1

    (a)Oneminor dwellingcontained within asitemust comply with all of the following conditions:

    (i)Thenet site areais 900m² or more;

    (ii)Thesitedoes not contain aMulti-unit development.

    (iii)Thegross floor area shall not exceed 70m2

    D1

    Aminor dwellingthat does not comply withRule 16.3.2 P1.

    16.3.3 Height

    (1)Rules16.3.3.1to16.3.3.3provide permitted height for buildings, structures or vegetation.

    (2)Rule16.3.3.1Height – Building general provides permitted height limits across the entire Residential Zone.

    (3)Rule16.3.3.2Height -Buildings in a battlefield view shaft.

    (4)Rule16.3.3.3Height - Buildings, structures and vegetation within any airport obstacle limitation surface provides height limits for specific activities within these areas.

    (5)Where sites are located within the Raglan Navigation Beacons height restriction plane as identified on the planning maps andAppendix 7(Raglan Navigation Beacons), the prohibited activityRule 16.1.1 PR1applies.

    Note:
    Decisions have been made by the Independent Hearings Panel on the provisions and matters raised in submissions on the Raglan Landward Navigation Beacon in the Proposed Waikato District Plan. The decision was publicly notified on 25 January 2021 and the provisions are now open to appeal with the Environment Court.

    Please follow this link to the decisions version:Decisions version

    16.3.3.1 Height - Building general

    P1

    The maximumheightof anybuildingmust not exceed 7.5m.

    D1

    Anybuildingthat does not comply with Rule16.3.3.1 P1.

    16.3.3.2 Height - Building and vegetation in a battlefield view shaft area

    P1

    The maximumheightof abuilding,structure or vegetation within a battlefield view shaft as shown on the planning maps, must not exceed 5m.

    D1

    Abuilding in the battlefield view shaft that does not comply withRule 16.3.3.2 P1.

    16.3.3.3 Height - Buildings, structures and vegetation within an airport obstacle limitation surface

    P1

    Abuilding, structure or vegetation must not protrude through any airport obstacle limitation surface identified inAppendix 9Te Kowhai Airparkand as shown on the planning maps.

    D1

    Abuilding, structure or vegetation that does not comply withRule 16.3.3.3 P1.

    16.3.4 Fences or walls - Road boundaries and Reserve Zone boundaries

    P1

    (a)Fences and walls between the applicablebuilding setbacksunderRule 16.3.9on asiteand any road and reserve zone boundaries must comply with all of the following conditions:

    (i)Be no higher than 1.2m if solid:

    (ii)Be no higher than 1.8m if:

    A.visually permeablefor the full 1.8mheight of the fence or wall; or

    B.solid up to 1.2m andvisually permeablebetween 1.2 and 1.8m.

    P2

    Fences or walls between the applicablebuilding setbacksunderRule 16.3.9on asite and along the northern boundary of the Residential Zone between Wayside Road and Travers Road, Te Kauwhata, adjacent to the Country Living Zone, must be of a rural-type post and wire or post and rail construction.

    RD1

    (a)Fences or walls that do not comply withRule 16.3.4 P1 or P2.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Buildingmaterials and design;

    (ii)Effects on amenity; and

    (iii)Public space visibility.

    16.3.5 Daylight admission

    P1Buildings must not protrude through aheight control planerising at an angle of 37 degrees commencing at an elevation of 2.5m above ground level at every point of thesiteboundary.

    RD1

    (a)Abuildingthat does not comply withRule 16.3.5 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Heightof thebuilding;

    (ii)Design and location of thebuilding;

    (iii)Extent of shading on adjacentsites;

    (iv)Privacy on anothersites; and

    (v)Effects on amenity values and residential character.

    16.3.6 Building coverage

    P1

    The totalbuilding coveragemust not exceed 40%.

    P2

    Within the Te Kauwhata Residential West Area or the Te Kauwhata Ecological Residential Area as identified on the planning maps, the totalbuilding coveragemust not exceed 35%.

    P3

    Within the Bankart Street and Wainui Road Business Overlay Area as identified on the planning maps, totalbuilding coveragemust not exceed 50%.

    D1

    Totalbuilding coveragethat does not comply withRule 16.3.6 P1, P2 or P3.

    16.3.7 Living court

    P1

    (a)Aliving courtmust be provided for eachdwellingthat meets all of the following conditions:

    (i)It is for the exclusive use of the occupants of thedwelling;

    (ii)It is readily accessible from a living area of thedwelling;

    (iii)When located on the ground floor, it has a minimum area of 80m2and a minimum dimension of 4m in any direction; and

    (iv)When located on a balcony of an above groundapartment, it must have a minimum area of 15m2and a minimum dimension of 2m in any direction.

    P2

    (a)Aliving courtmust be provided for eachminor dwellingthat meets all of the following conditions:

    (i)It is for the exclusive use of the occupants of theminor dwelling;

    (ii)It is readily accessible from a living area of theminor dwelling;

    (iii)When located on the ground floor it has a minimum area of 40m2and a minimum dimension of 4m in any direction;

    (iv)When located on a balcony of an above groundapartment, it must have a minimum area of 15m2and a minimum dimension of 2m in any direction.

    D1

    Aliving courtthat does not comply withRule 16.3.7 P1 or P2.

    16.3.8 Service court

    P1

    (a)Aservice courtmust be provided for eachdwellingandminor dwelling,each with all the following dimensions:

    (i)minimum area of 15m2; and

    (ii)contains a circle of at least 3m diameter.

    D1

    Aservice courtthat does not comply withRule 16.3.8 P1.

    16.3.9 Building setbacks

    (1)Rules16.3.9.1to16.3.9.4provide the permitted building setback distances for buildings fromsiteboundaries, specific land use activities and environmental features.

    (2)Rule16.3.9.1Building setbacks – all boundaries provides permitted building setback distances from all boundaries on anysitewithin the Residential Zone. Different setback distances are applied based on the type ofbuilding.

    (3)Rule16.3.9.2Building setback - sensitive land use provides permitted setback distances for anybuildingcontaining asensitive land usefrom specified land use activities.

    (4)Rule16.3.9.3Building setback – water bodies including lake, wetland, river and coast.

    (5)Rule16.3.9.4Building setback – Environmental Protection Area provides specific setback distances from specified environmental features.

    16.3.9.1 Building setbacks - All boundaries

    P1

    (a)Abuildingmust be set back a minimum of:

    (i)3m from the roadboundary;

    (ii)13m from the edge of anindicative road;

    (iii)1.5m from everyboundaryother than a roadboundary; and

    (iv)1.5m from every vehicle access to anothersite.

    P2

    (a)A non-habitablebuildingcan be set back less than 1.5m from aboundary, where:

    (i)the total length of allbuildingswithin 1.5m of theboundarydoes not exceed 6m; and

    (ii)the building does not have any windows or doors on the side of thebuildingfacing theboundary.

    P3

    A garage must be set back behind the front façade of thedwelling.

    RD1

    (a)Abuildingthat does not comply withRule16.3.9.1 P1, P2 or P3.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Road network safety and efficiency;

    (ii)Reverse sensitivity effects;

    (iii)Adverse effects on amenity;

    (iv)Streetscape;

    (v)Potential to mitigate adverse effects;

    (vi)Daylight admission to adjoining properties; and

    (vii)Effects on privacy atadjoining sites.

    16.3.9.2 Building setback - Sensitive land use

    P1

    (a)Any newbuildingor alteration to an existingbuildingforasensitive land usemust beset back a minimum of:

    (i)5m from the designatedboundaryof the railway corridor;

    (ii)15m from theboundaryof a national route or regional arterial;

    (iii)25m from the designatedboundaryof the Waikato Expressway;

    (iv)300m from the edge of oxidation ponds that are part of a municipal wastewater treatment facility on anothersite; and

    (v)30m from a municipal wastewater treatment facility where the treatment process is fully enclosed.

    D1

    Anybuildingfor asensitive land usethat does not comply withRule 16.3.9.2. P1.

    16.3.9.3 Building setback - Waterbodies

    P1

    (a)Anybuildingmust be setback a minimum of:

    (i)23m from the margin of any;

    A.lake; and

    B.wetland;

    (ii)23m from thebankof any river (other than the Waikato and Waipa Rivers);

    (iii)28m from the margin of both the Waikato River and the Waipa River; and

    (iv)23m frommean high water springs.

    P2

    (a)Apublic amenityof up to 25m,2or a pump shed within anybuildingsetback identified inRule 16.3.9.3 P1.

    D1

    Anybuildingthat does not comply withRule 16.3.9.3 P1 or P2.

    16.3.9.4 Building setback - Environmental Protection Area

    P1

    Abuildingmust be set back a minimum of 3m from an Environmental Protection Area.

    D1

    Abuildingthat does not comply withRule 16.3.9.4 P1.

    16.3.10 Building - Horotiu Acoustic Area

    P1

    Construction, addition to or alteration of abuildingfor anoise-sensitive activitywithin the Horotiu Acoustic Areashall be designed and constructed toachieve the internal design sound level specified inAppendix 1(Acoustic Insulation) - Table 11.

    RD1

    (a)Construction, addition to or alteration of abuildingthat does not comply withRule 16.3.10 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)On-site amenity values;

    (ii)Noise levels received at thenotional boundaryof thebuilding;

    (iii)Timing and duration of noise received at thenotional boundaryof thebuilding;

    (iv)Potential for reverse sensitivity effects.

    16.3.11 Historic Heritage

    (1)The following rules manage heritage items (buildings and monuments):

    (a)16.3.11.1- Group A Heritage item – Demolition, removal or relocation

    (b)16.3.11.2- Group B Heritage item – Demolition, removal or relocation

    (c)16.3.11.3- All heritage items – Alterations and adaditions

    (d)16.3.11.4- All heritage items – Maintenance or repair

    (e)16.3.11.5- All heritage items – site development

    (2)The rules in16.3.11.6– Matangi and Huntly address development within the two precincts.

    16.3.11.1 Group A heritage item - Demolition, removal or relocation

    NC1

    Demolition, removal or relocation of any Group Aheritage itemlisted inSchedule 30.1(Heritage Items)

    16.3.11.2 Group B heritage item - Demolition, removal or relocation

    D1

    Demolition, removal or relocation of any Group Bheritage itemlisted inSchedule 30.1(Heritage Items)

    16.3.11.3 All heritage items - Alterations or addition

    P1

    (a)Alteration or additionto of aheritage itemlisted inSchedule 30.1(Heritage Items)must comply with the following conditions:

    (i)nosignificant feature of interestis removed, destroyed or damaged;

    (ii)alterations or additionsare not visible from a public place.

    RD1

    (a)Any activity that does not comply withRule 16.3.11.3 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)form, style, materials and appearance; and

    (ii)effects on heritage values.

    16.3.11.4 All heritage items - Maintenance or repair

    P1

    (a)Maintenance or repairof aheritage itemlistedinSchedule 30.1(Heritage Items)must comply with all of the following conditions:

    (i)nosignificant feature of interestis destroyed or damaged; and

    (ii)replacement materials are the same as, or similar to, the original in terms of form, style and appearance.

    RD1

    (a)Any activity that does not comply withRule 16.3.11.4 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)form, style, materials, appearance;

    (ii)effects on heritage values.

    16.3.11.5 All heritage items - Site development

    P1

    (a)Development on asite containing aheritage itemlistedinSchedule 30.1(Heritage Items)must comply with all of the following conditions:

    (i)be set back at least 10m from theheritage item;

    (ii)not locate abuildingbetween the front of theheritage itemand the road.

    RD1

    (a)Any activity that does not comply with one or more conditions ofRule 16.3.11.5 P1.

    (b)Council’s discretion is restricted to the following matters:

    (i)effects on the values, context and setting of theheritage item;

    (ii)location, design, size, materials and finish;

    (iii)landscaping;

    (iv)the relationship of theheritage itemwith the setting, including the area between the front of the heritage item and the road.

    16.3.11.6 Heritage precincts - Matangi and Huntly

    C1

    (a)Construction of abuilding in the Matangi or Huntly Heritage Precincts identified on the planning maps that is set back at least 8m from roadboundaries.

    (b)Council’s control is reserved over the following matters:

    (i)Effects on historic heritage, amenity values and character of the precinct; and

    (ii)Buildingheight, side setbacks, scale, form, materials and architectural style to be consistent with the relevant partofAppendix 3.6(Matangi Heritage Precinct Design Guide) orAppendix 3.5(Huntly Heritage Precinct Design Guide).

    C2

    (a)Alteration of abuildingin the Matangi or Huntly Heritage Precincts identified on the planning maps.

    (b)Council’s control is reserved over the following matters:

    (i)Effects onhistoric heritage, amenity values and character of the precinct; and

    (ii)Buildingheight, side setbacks, scale, form, materials and architectural style to be consistent with the relevant partofAppendix 3.6(Matangi Heritage Precinct Design Guide) orAppendix 3.5(Huntly Heritage Precinct Design Guide).

    C3

    (a)Attachment of an advertisingsign(s)to abuildingor located within the 8m setback from roadboundaries in the Matangi or Huntly Heritage Precincts identified on the planning maps.

    (b)Council’s control is reserved over the following matters:

    (i)Effects on historic heritage, amenity values and character of the precinct; and

    (ii)Advertisingsigns.

    RD1

    (a)Construction alteration of to abuildingin the Matangi Heritage Precinct or the Huntly Heritage Precinct identified on the planning maps that does not comply withRule 16.3.11.6 C1, C2 or C3.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Effects onhistoric heritage, amenity values and character of the precinct;

    (ii)Buildingheight, side setbacks, scale, form, materials and architectural style to be consistent with the relevant partofAppendix 3.6(Matangi Heritage Precinct Design Guide) orAppendix 3.5(Huntly Heritage Precinct Design Guide);

    (iii)Advertising signs; and

    (iv)Setback from roadboundaries.

    16.4 Subdivision

    (1)Rule16.4.1provides for subdivision density and apply across the Residential Zone.

    (2)The following rules apply to specific areas and/or activities:

    (a)Rule16.4.2- Subdivision - Te Kauwhata Ecological Residential Area;

    (b)Rule16.4.3- Subdivision - Te Kauwhata West Residential Area); and

    (c)Rule16.4.4(Subdivision – Multi-Unit development).

    (d)Rules 16.4.1 to 16.4.4are also subject to the following subdivision controls:

    (i)Rule16.4.5– subdivision boundary adjustments;

    (ii)Rule16.4.6– subdivision amendments and updates to cross lease flats plan and conversion to freehold;

    (iii)Rule16.4.7– subdivision title boundariesnatural hazard area, contaminated land, Significant Amenity Landscape, notable trees, intensive farming and aggregate extraction areas;

    (iv)Rule16.4.8– subdivision title boundaries Significant Natural Areas, heritage items, archaeological sites, sites of significance to Maaori;

    (v)Rule16.4.9– Title boundaries – Maaori site and Maaori areas of significance

    (vi)Rule16.4.10- subdivision of land containing heritage items;

    (vii)Rule16.4.11– subdivision road frontage;

    (viii)Rule16.4.12– subdivision building platform;

    (ix)Rule16.4.13– subdivision reserves; and

    (x)Rule16.4.14- subdivision esplanade reserves and esplanade strips.

    (3)Rules16.4.14and16.4.15apply to specific features or areas:

    (4)Rule16.4.15– subdivision of land containing mapped off-road walkways; and

    (5)Rule16.4.16– subdivision of land containing Environmental Protection Area.


    16.4.1 Subdivision - General

    RD1

    (a)Subdivisionmust comply with all of the following conditions:

    (i)Proposedlotsmust have a minimumnet site areaof 450m², except where the proposedlotis anaccess allotmentorutility allotmentor reserve to vest;

    (ii)Proposedlotsmust be able to connect to public-reticulated water supply and wastewater;

    (iii)Where roads are to be vested in Council, they must follow agrid layout;

    (iv)Where 4 or more proposedlotsare proposed to be created, the number ofrearlotsdo not exceed 15% of the total number oflotsbeing created;

    (v)Where thesubdivisionis within a structure plan area,neighbourhood centreswithin thesiteare provided in accordance with that structure plan document.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Subdivisionlayout;

    (ii)Shape oflotsand variation inlot sizes;

    (iii)Ability oflotsto accommodate a practicalbuilding platformincluding geotechnical stability forbuilding;

    (iv)Likely location of futurebuildings and their potential effects on the environment;

    (v)Avoidance or mitigation of naturalhazards, including liquefaction risk and fire risk (refer to Chapter 15);

    (vi)Amenity values and streetscape landscaping;

    (vii)Consistency with the matters contained withinAppendix 3.1(Residential Subdivision Guidelines);

    (viii)Vehicle and pedestrian networks;

    (ix)Consistency with any relevant structure plan or master plan including the provision of neighbourhood parks, reserves andneighbourhood centres; and

    (x)Provision ofinfrastructure.

    D1

    Subdivisionthat does not comply with a condition inRule 16.4.1 RD1.

    16.4.2 Subdivision - Te Kauwhata Ecological Residential Area

    RD1

    (a)Proposedlotsin the Te Kauwhata Ecological Residential Area identified on the planning maps must comply with all of the following conditions:

    (i)Have a minimumnet site areaof 750m²;

    (ii)Have a minimum averagenet site areaof 875m²;

    (iii)Must be able to be connected to public-reticulated water supply and wastewater;

    (iv)Where roads are to be vested in Council, they must follow agrid layout;

    (v)Where 4 or more proposedlotsare being created, rearlotsmust not exceed 15% of the total number oflotsbeing created.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Subdivisionlayout;

    (ii)Shape oflotsand variation inlot sizes;

    (iii)Ability oflotsto accommodate a practicalbuilding platformincluding geotechnical stability forbuilding;

    (iv)Likely location of futurebuildings and their potential effects on the environment;

    (v)Avoidance or mitigation of naturalhazards, including liquefaction risk and fire risk (refer to Chapter 15);

    (vi)Amenity values and streetscape landscaping;

    (vii)Consistency with the matters contained withinAppendix 3.1(Residential Subdivision Guidelines);

    (viii)Vehicle and pedestrian networks;

    (ix)Consistency with any relevant structure plan or master plan including the provision of neighbourhood parks, reserves andneighbourhood centres; and

    (x)Provision ofinfrastructure.

    D1

    Subdivisionwithin the Te Kauwhata Ecological Residential Area that does not comply withRule 16.4.2 RD1.

    16.4.3 Subdivision - Te Kauwhata West Residential Area

    RD1

    (a)Proposedlotswithin the Te Kauwhata West Residential Area must comply with all of the following conditions:

    (i)Be a minimumnet site areaof 650m²;

    (ii)Have a minimum averagenet site areaof 875m²;

    (iii)Be connected to public-reticulated water supply and wastewater;

    (iv)Where roads are to be vested in Council, they are to follow agrid layout;

    (v)Where more than 5 proposedlots are being created, rearlotsmust not exceed 15% of the total number of titles being created.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Subdivisionlayout;

    (ii)Shape oflotsand variation in lot sizes;

    (iii)Ability oflotsto accommodate a practicalbuilding platform, including geotechnical stability forbuilding;

    (iv)Likely location of futurebuildingsand their potential effects on the environment;

    (v)Avoidance or mitigation of naturalhazards, including liquefaction risk (refer to Chapter 15);

    (vi)Amenity values and streetscape landscaping;

    (vii)Consistency with the matters contained withinAppendix 3.1(ResidentialSubdivision Design Guidelines);

    (viii)Vehicle and pedestrian networks;

    (ix)Consistency with any relevant structure plan or master plan, including the provision of neighbourhood parks, reserves andneighbourhood centres; and

    (x)Provision ofinfrastructure.

    D1

    Subdivisionwithin the Te Kauwhata West Residential Area that does not comply withRule 16.4.3 RD1.

    16.4.4 Subdivision - Multi-unit development

    RD1

    (a)Multi-Unit developmentmust comply with all of the following conditions:

    (i)An application for land use consent underRule 16.1.3(Multi-Unit Development)must accompany thesubdivisionor have been granted land use consent by Council;

    (ii)TheMulti-Unit developmentis able to be connected to public wastewater and water reticulation;

    (iii)The minimum existinglotsize where a new freehold (fee simple)lotis being created must be 300m2net site area.

    (iv)Where aresidential unitis being created in accordance with theUnit Titles Act 2010it must meet the following minimumresidential unitsize:

    Unit of Multi-Unit

    Minimum Unit Area

    Studio unit or 1 bedroom unit

    60m2

    2 bedroom unit

    80m2

    3 or more bedroom unit

    100m2

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Subdivisionlayout including common boundary and party walls for theMulti-unit development;

    (ii)Provision of common areas for shared spaces, access and services;

    (iii)Provision ofinfrastructureto individualresidential units;

    (iv)Avoidance or mitigation of naturalhazards;

    (v)Geotechnical suitability ofsiteforbuildings, including liquefaction risk (refer to Chapter 15);

    (vi)Amenity values and streetscape;

    (vii)Consistency with the matters contained, and outcomes sought, inAppendix 3.4(Multi-Unit Development Guideline)

    (viii)Consistency with any relevant structure plan or master plan, including the provision of neighbourhood parks, reserves andneighbourhood centres;

    (ix)Vehicle, pedestrian and cycle networks;

    (x)Safety, function and efficiency of road network and any internal roads or accessways.

    D1

    Subdivisionthat does not comply withRule 16.4.4 RD1.

    16.4.5 Subdivision - Boundary adjustments

    C1

    (a)Boundaryadjustments must comply with all of the following conditions:

    (i)The conditions specified in:

    A.Rule 16.4.1Subdivision - General;

    B.Rule 16.4.2Subdivision in the Te Kauwhata Ecological Residential Area;

    C.Rule 16.4.3Subdivision in the Te Kauwhata West Residential Area; or

    D.Rule 16.4.4Subdivision- Multi-unit development.

    (b)Proposedlotsmust not generate any additionalbuilding infringements to those which legally existed prior to theboundaryrelocation.

    (c)Council’s control is reserved over the following matters:

    (i)Subdivisionlayout;

    (ii)Shape of titles and variation inlotsizes.

    D1

    Boundaryadjustments that does not comply withRule 16.4.5 C1.

    16.4.6 Subdivision - Amendments and updates to cross lease flats plans and conversion to freehold

    C1

    (a)Conversion of a cross lease flats plan to a fee simple title.

    (b)Council’s control is reserved over the following matters:

    (i)Effects on existingbuildings;

    (ii)Sitelayout and design; and

    (iii)Compliance with permittedbuildingrules.

    C2

    (a)Amendment or update of a cross lease flats plan to include additions or alterations tobuildings, and areas for exclusive use by any owner.

    (b)Council’s control is reserved over the following matters:

    (i)Purpose of theboundaryadjustment;

    (ii)Effects on existingbuildings;

    (iii)Sitelayout and design of cross lease or flats plan; and

    (iv)Compliance with permittedbuildingrules.

    D1

    Any conversion of a cross lease flats plan or amendment or update to a cross lease flats plan that does not comply withRule 16.4.6 C1 or C2.

    16.4.7 Title boundaries - contaminated land, notable trees, intensive farming and aggregate extraction areas

    RD1

    (a)Subdivisionof land containingcontaminated land, notable trees,intensive farmingandAggregate Extraction Areamust comply with all of the following conditions:

    (i)The boundaries of every proposedlotcontaining existingbuildingsmust demonstrate compliance with the followingbuildingrules (other than where any non-compliance existed lawfully prior to thesubdivision) relating to:

    A.daylight admission(Rule 16.3.5);

    B.building coverage(Rule 16.3.6);

    C.building setbacks(Rule 16.3.9);

    (ii)Theboundaries of every proposedlotmust not divide the following:

    A.a naturalhazard area;

    BA.contaminated land;

    CB.Significant Amenity Landscape; or

    DC.notable tree.

    (iii)Theboundaries of every proposedlotmust provide the following setbacks:

    A.300m from anyintensive farmingactivity;

    B.500m from the boundary of anAggregate Extraction Areafor rock extraction; and

    C.200m from the boundary of anAggregate Extraction Areafor sand excavation.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Landscape values;

    (ii)Amenity values and character;

    (iii)Reverse sensitivity effects;

    (iv)Effects on existingbuildings;

    (v)Effects on naturalhazard areas;

    (vi)Effects oncontaminated land;

    (vii)Effects on any notable trees; and

    (viii)Effects on anintensive farmingactivity.

    NC1

    Subdivisionthat does not comply withRule 16.4.7 RD1.

    16.4.8 Title boundaries - Significant Natural Areas

    RD1

    (a)Subdivisionofsites containing aSignificant Natural Area(s), where theSignificant Natural Areais contained wholly within a proposedlot.

    (b)Council’s discretion shall be restricted to the following matter:

    (i)Effects onSignificant Natural Area.

    NC1

    Subdivisionthat does not comply withRule 16.4.8 RD1.

    16.4.9 Title boundaries - Maaori sites and Maaori areas of Significance

    RD1

    (a)SubdivisionofsitescontainingMaaori Sites of SignificanceandMaaori Areas of Significancethat includes all of thesite or area within a proposedlot.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Effects on sites of significance to Maaori;

    (ii)Effects on areas of significance to Maaori.

    NC1

    Subdivisionthat does not comply withRule 16.4.9 RD1.

    16.4.10 Subdivision of land containing heritage items

    RD1

    (a)Subdivisionof land containing aheritage itemlisted inSchedule 30.1(Heritage Items).

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Effects on heritage values;

    (ii)Context and setting of theheritage item; and

    (iii)The extent to which the relationship of theheritage item with its setting is maintained.

    NC1

    Subdivisionthat does not comply withRule 16.4.10 RD1.

    16.4.11 Subdivision - Road frontage

    RD1

    (a)Every proposedlotwith a roadboundary, other than anaccess allotment,utility allotment, or a proposedlotcontaining a ROW or access leg must have a width along the roadboundaryof at least 15m.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Safety and efficiency of vehicle access and road network; and

    (ii)Amenity values and rural character.

    D1

    Subdivisionthat does not comply withRule 16.4.11 RD1.

    16.4.12 Subdivision - Building platform

    RD1

    (a)Every proposedlot, other than one designed specifically for access,utility allotmentmust be capable of containing abuildingplatformupon which adwellingandliving courtcould be sited as a permitted activity, with thebuildingplatformbeing contained within either of the following dimensions:

    (i)a circle with a diameter of at least 18m exclusive of yards; or

    (ii)a rectangle of at least 200m2with a minimum dimension of 12m exclusive of yards.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Subdivisionlayout;

    (ii)Shape ofallotment;

    (iii)Ability ofallotmentto accommodate a practicalbuilding platform;

    (iv)Likely location of futurebuildingsand their potential effects on the environment;

    (v)Avoidance or mitigation of naturalhazards;

    (vi)Geotechnical suitability forbuilding, including liquefaction risk (refer to Chapter 15); and

    (vii)Ponding areas and primaryoverland flow paths.

    D1

    Subdivisionthat does not comply withRule 16.4.12 RD1.

    16.4.13 Subdivision creating reserves

    RD1

    (a)Every reserve, including where a reserve is identified within a structure plan or master plan (other than an esplanade reserve), proposed for vesting as part of thesubdivision, must be bordered by roads along at least 50% of itsboundaries.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)The extent to which the proposed reserve aligns with the principles of Council's Parks Strategy, Playground Strategy, Public Toilets Strategy and Trails Strategy;

    (ii)Consistency with any relevant structure plan or master plan;

    (iii)Reserve size and location;

    (iv)Proximity to other reserves;

    (v)The existing reserve supply in the surrounding area;

    (vi)Whether the reserve is of suitable topography for future use and development;

    (vii)Measures required to bring the reserve up to Council standard prior to vesting; and

    (viii)The type and standard ofboundaryfencing.

    D1

    Subdivisionthat does not comply withRule 16.4.13 RD1.

    16.4.14 Subdivision of esplanade reserves and esplanade strips

    RD1

    (a)Subdivision of an esplanade reserve or strip at least 20m wide (or other width stated inAppendix 4(Esplanade Priority Areas)that is required to be created shall vest in Council where the following situations apply:

    (i)The proposedlotis less than 4ha and within 20m of:

    A.mean high water springs;

    B.thebankof any river whose bed has an average width of 3m or more; or

    C.a lake whosebedhas an area of 8ha or more; or

    (ii)The proposedlotis more than 4ha or more than 20m ofmean high water springsor a water body identified inAppendix 4(Esplanade Priority Areas).

    (b)Council’s discretion shall be restricted to the following matters:

    (i)The type of esplanade provided - reserve or strip;

    (ii)Width of the esplanade reserve or strip;

    (iii)Provision of legal access to the esplanade reserve or strip;

    (iv)Matters provided for in an instrument creating an esplanade strip or access strip;

    (v)Works required prior to vesting any reserve in the Council, including pest plant control,boundary fencing and the removal of structures and debris.

    D1

    Subdivisionthat does not comply withRule 16.4.14 RD1.

    16.4.15 Subdivision of land containing mapped off-road walkways

    RD1

    (a)Subdivisionwhere walkways shown on the planning maps are to be provided as part of thesubdivision must comply with all of the following conditions:

    (i)The walkway is at least 3 metres wide and is designed and constructed for shared pedestrian and cycle use, as perRule 14.12.1P8(Transportation);

    (ii)The walkway is generally in accordance with the walkway route shown on the planning maps;

    (iii)The walkway is shown on the plan ofsubdivision and vested in the Council.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Alignment of the walkway;

    (ii)Drainage in relation to the walkway;

    (iii)Standard of design and construction of the walkway;

    (iv)Land stability;

    (v)Amenity matters including batter slopes; and

    (vi)Connection to reserves.

    D1

    Subdivisionthat does not comply withRule 16.4.15 RD1.

    16.4.16 Subdivision of land containing an Environmental Protection Area

    C1

    (a)Subdivisionof land containing an Environmental Protection Area must comply with all of the following conditions:

    (i)Include a planting and management plan for the area, prepared by a suitably-qualified person, containing exclusively native species suitable to the area and conditions;

    (ii)Planting must be undertaken prior to the issue of thes224(c) certificate.

    (b)Council’s control is reserved over the following matters:

    (i)Measures proposed in the planting and management plan; and

    (ii)Vesting of reserve land in Council if appropriate.

    RD1

    (a)Subdivisionthat does not comply with a condition ofRule 16.4.16 C1.

    (a)Council’s discretion shall be restricted to the following matters:

    (i)Matters that control is reserved over inRule 16.4.16 C1(b);

    (ii)Effects on amenity values; and

    (iii)Effects on ecological values.

    16.5.1 Application of rules

    (a) The activity status tables and standards in the following chapters also apply to activities in the Lakeside Te Kauwhata Precinct:
    14 Infrastructure and Energy;
    15 Natural Hazards and Climate Change.

    (1)The rules that apply to a permitted activity in Rule16.5.2within the Lakeside Te Kauwhata Precinct as identified on the planning maps are as follows:

    (i)Rule15.2(Land Use – Effects) except:

    A.Rule16.2.4.1(Earthworks – general) andRule16.2.4.2(Earthworks – Maaori Sites and Maaori Areas of Significance) does not apply andRule16.5.7.2applies instead

    B.Rule16.2.2(Servicing hours of operation – Bankart Street and Wainui Road Business Overlay Area

    C.Rule16.2.6Notable trees

    (i)Rule16.5.7.1Noise and Vibration – North Island Main Trunk Line (NIMT)

    (ii)Rule16.3(Land Use – Building) does not apply,Rule16.5.8(Land Use – Building) applies instead.

    (2)The rules that apply to subdivision within the Lakeside Te Kauwhata Precinct are:

    (i)Rule16.4(Subdivision) except:

    A.Rule16.4.1(Subdivision General) does not apply and Rule16.5.9.1(Subdivision Lakeside - General) applies instead

    B.Rule16.4.2(Subdivision – Te Kauwhata Ecological Residential Area) does not apply

    C.Rule16.4.3(Subdivision – Te Kauwhata West Residential Area) does not apply

    D.Rule16.4.4(Subdivision – Multi-unit development) does not apply

    E.Rule16.4.6(Subdivision – Amendments and updates to cross lease flats plans and conversion to freehold) does not apply

    F.Rule16.4.9(Title boundaries – Maaori Sites and Maaori Areas of Significance does not apply

    G.Rule16.4.10(Subdivision of land containing heritage items) does not apply

    H.Rule16.4.11(Subdivision – road frontage) does not apply

    I.Rule16.4.12(Subdivision – Building platform) does not apply

    J.Rule16.4.15(Subdivision of land containing mapped off-road walkways) does not apply

    K.Rule16.4.16(Subdivision of land containing an Environmental Protection Area) does not apply

    (ii)Rule16.5.9.2(Lakeside Comprehensive Subdivision Consent)

    (iii)Rule16.5.9.3(Subdivisions less than 5ha)

    (3)The following precinct plans apply in the Residential Zone within the Lakeside Te Kauwhata Precinct:

    (a)Plan 1 Lakeside Precinct Plan: Precinct Areas

    (b)Plan 2 Lakeside Precinct Plan: Public Transport, Primary Road Network and Walkways/cycleways

    (c)Plan 3 Lakeside Precinct Plan: Overlays and Open Space


    16.5.2 Permitted Activities

    (a)The following activites are permitted activities if they meet all the following:

    (iii)Land Use – Effects rules inRule 16.2and Rule 16.5.7(unless the activity rule and/or actiivty specific conditions identify condition(s) that does not apply);

    (iv)Activity-specific conditions.

    Activity

    Activity-specific conditions

    P1

    Any activity listed inRule 16.5.2 P2(Residential Activity), P3 (Retirement Village) or P7 (Community Activity) below.

    (a)Secondary Access Control:

    (i)A secondary road access into the Lakeside Precinct Plan Area (asshown on Lakeside Precinct Plan16.5.1(3)(a)) must be opened for trafficbefore the number ofdwellings including independent living unitswithin aretirement village, in the Lakeside Precinct Plan Area exceeds400.

    (ii)For the purpose of this rule, exceedance of 400 dwellings shall occurat the time of issue ofbuilding consent for adwelling includinganindependent living unit within aretirement village.

    P2

    Residential activity

    Complies withRule 16.5.2 P1(a)(i) and (ii)(Secondary Access Control)

    P3

    A newretirement villageor alterations to an existingretirement village.

    (a)Rule 16.5.2 P1 (a)(i) and (ii)(Secondary Access Control);

    (b)Thesiteor combination ofsiteswhere theretirement villageis proposed to be located has a minimumnet site areaof 2ha;

    (c)Thesiteis either serviced by or within 400m walking distance of an existing or future public transport route, or is within the location shown in Precinct Plan16.5.1(3)(b);

    (d)Thesiteis connected to public water and wastewaterinfrastructure;

    (e)Minimumliving courtor balcony area and dimensions:

    (i)Apartment– 10m2area with minimum dimension horizontal and vertical of 2.5m;

    (ii)Studio unit or 1 bedroom unit – 12.5m2area with minimum dimension horizontal and vertical of 2.5m; or

    (iii)2 or more bedroomed unit – 15m2area with minimum dimension horizontal and vertical of 2.5m;

    (f)Minimumservice courtis either:

    (i)Apartment– Communal outdoor space (ie no individualservice courts required); or

    (ii)All other units – 10m2for each unit;

    (g)Buildingheightdoes not exceed 8m,except for 15% of the totalsitebuilding coverage, wherebuildingsmay be up to 10m high;

    (h)The following Land Use – Effects rule inRule 16.2does not apply:

    (i)Rule 16.2.7(Signs);

    (i)The following rules inRule 16.5do not apply:

    (i)Rule 16.5.8.1(Dwelling);

    (ii)Rule 16.5.8.2(Building Height);

    (iii)Rule 16.5.8.6(Living Court);

    (j)The following Infrastructure and Energy Rule does not apply:

    (i)Rule 14.12.1P4(Traffic generation).

    P4

    Home occupation

    (a)It is wholly contained within abuilding;

    (i)The storage of materials or machinery associated with thehome occupationare wholly contained within abuilding;

    (ii)No more than 2 people who are not permanent residents of thesiteare employed at any one time;

    (iii)Unloading and loading of vehicles or the receiving of customers or deliveries only occur between 7:30am and 7:00pm on any day;

    (iv)Machinery may be operated between 7:30am and 9pm on any day.

    P5

    Temporary event

    (a)Theeventoccurs no more than 3 times per consecutive 12 month period;

    (b)The duration of each temporary event is less than 72 hours;

    (c)It may operate between 7.30am and 8:30pm Monday to Sunday;

    (d)Temporary structures are:

    (i)Erected no more than 2 days before the temporary event occurs;

    (ii)Removed no more than 3 days after the end of the event;

    (iii)Thesiteis returned to its previous condition no more than 3 days after the end of thetemporary event;

    (iv)There is no directsiteaccess from a national route or regional arterial road.

    P6

    Home stay

    (a)No more than 4 temporary residents;

    (b)It is wholly contained within abuilding;

    (c)The storage of materials or machinery associated with thehome occupationare wholly contained within abuilding;

    (d)No more than two people who are not permanent residents of thesiteare employed at any one time.

    P7

    Community activity

    (a)Complies withRule 16.5.2 P1 (a)(i) and (ii)Secondary Access Control;

    (b)Thegross floor area does not exceed 2,000m² within the whole of the Te Kauwhata Lakeside Precinct Plan Area.

    P8

    Neighbourhood Park

    Nil

    P9

    Grazing and pastoral farming

    (a)Thesitemust be more than 5ha.

    P10

    Neighbourhood centre

    (a)Must be within an area identified in a Council approved Structure Plan or Master Plan.

    16.5.3 Restricted Discretionary Activities

    (1)The activities listed below are restricted discretionary activities.

    (2)Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table.

    Activity

    Council's discretion shall be restricted to the following matters:

    RD1

    (a)Acomprehensive land development consent (CLDC)that meets all of the following conditions:

    (i)is in accordance with the Te Kauwhata Lakeside Precinct PlanRule16.5.1(3)(a);theroading network, walkways and cycleways shown on PrecinctPlanRule16.5.1(3)(b);and the open space shown on Precinct PlanRule16.5.1(3)(c)as set out in the precinct parameters below;and

    (ii)ACLDCis in accordancewith the Lakeside Precinct Plansidentified above if:

    A.Primary roads are within 50m of the location shownon Precinct PlanRule16.5.1(3)(b);

    B.The bus route is either on the alignment shown on Precinct PlanRule16.5.1(3)(b) or a continuous alignment that achieves the same circulation;

    C.The external boundary of the high density area within the Residential Zone is within 10m of the location shown onPrecinct PlanRule16.5.1(3)(a);

    D.Indicative walkways/cycle ways are within 100m of the location shown on Precinct PlanRule16.5.1(3)(b)provided connections are retained between the Lakeside Walkway and the residential development;

    E.Lakeside Walkway is within 10m of the location shown on Precinct PlanRule16.5.1(3)(c);

    F.Retirement villageboundaries are within 50m of the location shown on Precinct PlanRule16.5.1(3)(a);

    G.Indicative areas of open space are within 200m of the locationshown on Precinct PlanRule16.5.1(3)(c);

    (b)A secondary road access into the Lakeside Precinct Plan Area (as shown on Lakeside Precinct PlanRule16.5.1(3)(b)must be opened for traffic before the number of residentialallotments in the Lakeside Precinct Plan Area exceeds 400provided that:

    (i)each independent living unit in aretirement villageshall count as oneallotment;

    (ii)for the purpose of this rule, exceedance of 400 residentialallotmentsshall occur at the time of issue of 224C certificate under theResource Management Act, and exceedance of independent living unit shall occur at the time of issue ofbuildingconsent for that unit.

    (c)The followinginfrastructurerequirements are met:

    (i)Demonstrate that adequate capacity within the water, stormwater and wastewater networks will be available to accommodate the proposedsubdivisionincluding all necessary treatment required to meet water quality,quantity and disposal requirements;and

    (ii)Any wastewater disposal into Lake Waikare shall be from a new membrane bioreactor treatment plant (or plant of equal or better functionality), provided that wastewater disposal from up to 400 residentialallotmentsmay be connected to the existing Te Kauwhata wastewater treatment plant on a temporary basis until a long-term wastewater disposal system is implemented. Where aretirement villageis included as part of the first 400 residentialallotments, then each independent living unit shall count as oneallotment; and

    (iii)Everyallotmentother than autility allotment,access allotmentor open spaceallotment, must be able to demonstrate how it will connect to a reticulated watersupply, and wastewater network that has adequate capacity as perinfrastructure standard(i)above;and

    (iv)Everyallotmentother than autility allotment,access allotmentor open spaceallotment, must be ableto demonstrate how it will provide land drainage and stormwater disposal either through a reticulated network or in accordance withChapter 14; and

    (v)Prior to the issue of anybuilding consent for adwellingorretirement village, theinfrastructure requirements detailed in(c)( i)(iii)above shall be implemented and operational.

    (d)ACLDCcan relate to the entire Te Kauwhata Lakeside Precinct Plan Area, or may be for an individual stage or stages, provided that an individual stage must be 5ha or more.

    (e)Applications for approval of aCLDCas a restricted discretionary activity will be considered without public notification and without the need to serve notice on or obtain the written approval of any affected persons.

    (f)CLDCapproval does not constitute authorisation by the Waikato District Council as road controlling authority in terms ofSection 357 of the Local Government Act 1974. Written authorisation is required from the Waikato DistrictCouncil prior to any works commencing thataffect public roads.

    (a)Discretion is reserved over:

    (i)consistency with the Te Kauwhata Lakeside Precinct PlansinRule16.5.1(3)(a),16.5.1(3)(b) and16.5.1(3)(c),

    (ii)matters identified in the assessment criteria inX,

    (iii)managing the effects of wastewater andstormwater,

    (iv)roading network (including the Te Kauwhata Road level crossing safety) and compliance with a Council approved roadingstandard,

    (v)protection, restoration or enhancement ofecological features,

    (vi)provision and location of existing and future utilitiesand connections,

    (vii)location of roads and theirconnections,

    (viii)provision for public access to LakeWaikare,

    (ix)provision of open space, including linkagesbetween residential areas, open space and LakeWaikare,

    (x)effects of natural hazards (including flooding),geotechnicalincludingliquefaction risk, (refer to Chapter 15)and land contamination,

    (xi)provision of the historic Iwi overlay area shown onPrecinct PlanRule16.5.1(3)(c).

    16.5.4 Discretionary Activities

    (1)The activities listed below are discretionary activities.

    D1

    (a)ACLDCthat does not comply withRule 16.5.3RD1and meets all of the following conditions and conditions16.5.3RD1 (b) and (c)relating to secondary access and infrastructure:

    (i)Primary roads are within 50m-100m of the locationshown on Precinct Plan16.5.1(3)(b);

    (ii)Bus route is either on the alignment shown on PrecinctPlan16.5.1(3)(b)or a continuous alignment that achieves the same circulation;

    (iii)The externalboundaryof the high density area within the Residential Zone is within 10m-20m of the location shown on Precinct Plan16.5.1(3)(a);

    (iv)Indicative walkways/cycle ways are within100m-200mof the location shown on Precinct Plan16.5.1(3)(c)provided connections are retained between the Lakeside Walkway and the residential development;

    (v)Lakeside Walkway is within 10m-20m of the location shown on Precinct Plan6.5.1(3)(c);

    (vi)Retirement villageboundaries are within 50m-100m ofthe location shown on Precinct Plan16.5.1(3)(a);

    (vii)Indicative areas of open space are within 200-400m of the location shown on Precinct Plan16.5.1(3)(c).

    (b)The matters over which Council reserves discretion shall beused for assessing discretionary activity applications under this rule.

    D2

    Any activity that does not comply with one or more of the activity specific conditions for a permitted activity underRule16.1.2applies under the Land Use – EffectsRule 16.2or Land Use BuildingsRule 16.3.

    16.5.6 Non-complying Activities

    (1)The activities listed below are non-complying activities.

    NC1

    ACLDCthat does not meet the requirements ofRule16.5.3RD1 (b) and (c)relating to Secondary Road Access Control and/or theInfrastructure Requirements, shall be a non-complying activity.

    NC2

    ACLDCthat does not meet any of the parameters for a discretionary activity outlined in16.5.4D1( a) to (g)is a non-complying activity.

    NC3

    Any activity that is not listed as a Permitted, Restricted Discretionary or Discretionary activity.

    16.5.7.1 Noise and vibration - North Island Main Trunk Line (NIMT)

    P1

    (a)Construction or alteration of abuildingmust comply with the following conditions:

    (i)a non-habitableaccessory buildingor attached non-habitable garage and is set back at least 5m from anyboundarywhich adjoins the NIMT, or

    (ii)abuildingother than that specified in (a) above and is set back at least 10m from anyboundarywhich adjoins the NIMTand.

    (iii)If located within 100m of the centreline of the nearest rail track within the NIMT and is designed and constructed to ensure that the following internal design noise limits shall not beexceededwith all external doors and windows closed.

    Receiving EnvironmentLAeq, 1 hour
    Residential – bedrooms35 dB
    Residential – other habitable spaces40 dB
    Teaching spaces40 dB
    All other sensitive activity building spaces to comply with satisfactory
    sound levels Care Spaces AS/NZS 2107:2000 (nearest specified equivalent)
    e.g. Hospital and Dementia, Commercial Spaces

    (iv)For the purpose of this rule, the noise levels generated by rail operations on the NIMT shall be as determined by a qualified acoustic specialist, using methods consistent with New Zealand Standards, within five years prior to the date of the design certificate referred to at the end of this clause b)

    (v)This rule only applies to habitable rooms, teaching spaces and sensitive activitybuildingspaces identified in the table above where those habitable rooms or spaces fall within or partly within the specified 100m distance.

    (vi)Where it is necessary to have windows closed to achieve the internal acoustic noise limits, an alternative ventilation system shall be provided.

    (vii)The ventilation system installed shall comply with the following:

    A.Consist of an air conditioning unit(s) provided thatthe noise level generated by the unit(s) must not exceed40dB LAeq(30s) in the largest habitable room(excludingbedrooms) and 35dB LAeq(30s) in all otherhabitablerooms, when measured 1 metre away from any grilleor diffuser;or

    B.A system capable of providing at least 15 air changesper hour (ACH) in the largest habitable room(excluding bedrooms) and at least 5 air changes per hour (ACH) inall other habitable rooms;

    C.The noise level generated by the system must notexceed 40dB LAeq(30s) in the largest habitable room(excluding bedrooms) and 35dB LAeq(30s) in all otherhabitable rooms, when measured 1 metre away from any grilleor diffuser;

    D.The internal air pressure must be no more than 10Pa above ambient air pressure due to themechanical ventilation;

    E.Where a high air flow rate setting is provided, thesystem shallbecontrollablebytheoccupantstobeabletoalter the ventilation rate with at least three equalprogressive stages up to the highsetting.

    (viii)Compliance with this rule shall be demonstrated by providing the Council with a design report and a design certificate prepared by an experienced and qualified acoustic specialist, at the time ofbuilding consent application; and

    (ix)If located within 40m of the centreline of the nearest rail track within the NIMT and is designed and constructed to ensure the following levels of vibration from trains shall not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on HumanBeings.

    Receiving EnvironmentMaximum weighted velocity, Vw95
    Sensitive activities/buildings0.3mm/s

    or

    (x)if located within 20m of the centre line of the nearest rail track within the NIMT is designed and constructed to ensure that the level of vibration from trains shall not exceed the criteria set out in theBritish Standard BS 7385-2:1993.

    (xi)Compliance with clauses (d) and (e) shall be demonstrated by providing the Council with a design report and a design certificate prepared by an experienced and qualified vibration specialist, at the time of building consent application. Vibration generated by rail operations on the NIMT shall be as determined by a qualified vibration specialist, using methods consistent with New Zealand standards, within five years prior to the date of the design certificate.

    RD1

    (a)Construction or alteration of abuildingthat does not comply withRule 16.5.7.1 P1.

    (b)Any restricted discretionary activity will be limited notified to the operator of the rail network (currently KiwiRail).

    (c)Council’s discretion shall be restricted to the following matters:

    (i)reverse sensitivity issues related toNIMT;

    (ii)Noise-sensitive activitieswithin 100m of a rail track:

    A.The degree of noise attenuation achieved at thenoise-sensitive activity;

    B.The effects of reverse sensitivity on the operation of the rail network, and the ability and suitability of mitigation measures to enable the continued and uninterrupted operation of the rail network;

    C.A reverse sensitivity covenant.

    (iii)Vibration sensitive activities within 40m of a rail track:

    A.The size, nature and location of thebuildingon the site;

    B.Special topographical,buildingfeatures or ground conditions which will mitigate vibration impacts;

    C.Any characteristics of the proposed use which make compliance with the standard unnecessary;

    D.A reverse sensitivity covenant.

    16.5.7.2 Earthworks - general

    P1

    (a)Earthworks(excluding the importation of fill, within aflood risk areaFlood Ponding Area, or aCLDC),includingearthworksnecessary for the construction and maintenance ofexistingpublic roads or for construction of new roads in accordance with the Te Kauwhata Lakeside Precinct Plan,must meet all the following conditions:

    (i)do not disturb or move more than 200m² within anindividualsitein a single calendar year except where the maximum area at any one time shall not exceed 400m²,and

    (ii)in relation to theheightof any cut or batter face do not exceed 2m, or

    (iii)are necessary forbuildingworks authorised by a building consentand:

    A.the area of earthworks is no more than 150% of thearea of thosebuildingworks,or

    B.theearthworksoccur on land with an average gradientno steeper than 1:8, or

    C.any trenching for network utilities, or on or offsite utilities within the Te Kauwhata Lakeside Precinct PlanArea are backfilled or reinstated to original ground level,or

    D.traffic associated with the works is managed in accordance with a Construction Traffic Management Plan approved by the Waikato District Council as the road controllingauthority;

    E.Including any cut and batter faces or filled areas, are revegetated to achieve 80% ground cover within 12months of theearthworksbeing commenced;and

    F.Retain sediment within the construction area through the implementation and maintenance of sediment controls.

    Note:The Waikato Pest Management Plan addresses the management of identified pest species, including alligator weed. It includes enforceable controls relating tosubdivision and land development in infected areas.

    P2

    (a)Earthworksinvolving importedfill material(other thanearthworksapproved as part of aCLDC) meets all of the following conditions:

    (i)all material for filling iscleanfill, and

    (ii)filling that is not part ofbuildingwork, or construction of roads, or installation ofinfrastructure:

    A.does not exceed a volume of 20m² and a depth of 1m, and

    B.does not include abuilding platform, and

    C.does not include placing fill into an area of significantindigenous vegetationor habitat, or

    (iii)is for minor upgrading of existing electricity lines anddoes not exceed 50m², and

    (iv)where traffic associated with the work uses public roads, is managed in accordance with an approved Construction Traffic Management Plan or authorised in writing by Waikato District Council as the road controllingauthority.

    Note:The Waikato Pest Management Plan addresses the management of identified pest species, including alligator weed. It includes enforceable controls relating to subdivision and land development in infected areas.

    P3

    (a)Earthworksin aFlood Risk AreaFlood Ponding Area(other thanearthworksapproved as part of aCLDC) shall meet the following conditions:

    (i)filling is no more than is necessary to:

    A.provide a foundation forbuildingapproved by abuilding consent, and access to thatbuilding,or

    B.enable minor upgrading of existing electricity lines and does not exceed 50m².

    Note 1: The Waikato Pest Management Plan addresses the management of identified pest species, including Alligator Weed. It includes enforceable controls relating to subdivision and land development in infected areas.

    Note 2:Regionalearthworksconsents may also be needed for works in a high risk erosion area.

    C1

    (a)Earthworksthat do not comply with Rule16.5.7.2 P1are a controlled activity provided it meetsthe following conditions:

    (i)do not exceed 5000m² in total area at any one time except aretirement villagewhere themaximum area at any one time shall not exceed 1ha;

    (ii)does not involvecontaminated landunless that land has been remediated;

    (iii)have erosion and sediment controls in place which will retain sediment on thesite;

    (iv)any cut and batter faces or filled areas, are revegetated to achieve 80% ground cover within 12 months of theearthworks being commenced, or in the cases where the filled area is to be (in part or whole) within abuilding platformor hard surface area, the base course has been laid and compacted within 12 months of theearthworksbeing commenced;

    (v)any surplus material is disposed of within the TeKauwhata Lakeside Precinct Plan Area in16.5.1(3)(a),and

    (vi)does not adversely affect other land through changes to natural water flows or established drainage paths.

    RD1

    (a)Earthworksthat do not comply with16.5.7.2 C1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)effects on amenity values;

    (ii)visual effects;

    (iii)mitigation measures including sedimentcontrol;

    (iv)effects on land utilization;

    (v)effects onerosion;

    (vi)effects on culturalvalues;

    (vii)effects on heritagevalues;

    (viii)effects on the Lake Waikare floodplain.

    RD2

    (a)Earthworksthat do not comply with Rule16.5.7.2 P2.

    (b)Council discretion shall be restricted to the following matters:

    (i)effects on amenity values;

    (ii)visual effects;

    (iii)effects onindigenous vegetationandhabitat;

    (iv)mitigation measures including replacement planting where vegetation removal is involved;

    (v)effects on culturalvalues;

    (vi)effects on heritagevalues.

    D1

    Earthworksthat do not comply with Rule16.5.7.2 P3.

    16.5.8.1 Dwelling

    P1

    Onedwellingwithin asite.

    RD1

    (a)Construction of more than onedwellingon land contained in a certificate of title must comply with all of the following conditions:

    (i)semi-detached or terrace houses meetthe following density requirements:

    A.Medium Density Precinct onedwellingper300m2;

    B.Higher Density Precinct onedwellingper 225 m2;or

    C.Part of aretirement village.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Design and location of buildings;

    (ii)Amenity values of thelocality;

    (iii)Privacy on othersites;

    (iv)Matters referred to in Appendix B (EngineeringStandards);

    (v)Consistency with the Te Kauwhata Lakeside Precinct PlaninRule16.5.1(3)(a),16.5.1(3)(b),and16.5.1(3)(c).

    D1

    Construction of more than onedwellingon land contained in aRecord of Titlethat does not comply withRule 16.5.8.1 RD1.

    16.5.8.2 Height

    P1

    The maximumheightof anybuildingmust not exceed 8.0m.

    RD1

    (a)Anybuildingthat does not comply withRule 16.5.8.2 P1.

    (b)The Council’s discretion shall be restricted to the following:

    (i)design and location ofbuilding;

    (ii)building dominance effects;

    (iii)admission of daylight and sunlight to thesiteand other sites;

    (iv)privacy on othersites;

    (v)amenity values of the locality.

    16.5.8.3 Building coverage

    P1

    The totalbuilding coverageon asitemust not exceed 40% in the Medium Density precinct identified on the Te Kauwahata Lakeside Precinct PlanRule 16.5.1(3)(a).

    P2

    The totalbuilding coverageon asitemust not exceed 65% in the higher density precinct identified on the Te Kauwhata Lakeside Precinct PlanRule 16.5.1(3)(a).

    RD1

    (a)Totalbuilding coverageon asitethat does not exceed the maximumbuilding coveragecontrol by more than an additional 10%.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)design and location ofbuilding;

    (ii)effect of the scale of thebuildingonadjoining sitesand the streetscape.

    D1

    Totalbuilding coveragethat does not comply with Rule16.5.8.3 P1, P2 or RD1.

    16.5.8.4 Daylight admission

    P1

    Anybuildingwithin the Medium Density Precinct identified on the Te Kauwhata Lakeside Precinct Plan16.5.1(3)(a)shall not protrude through aheight control planerising at an angle of 45° commencing at an elevation of 2.5m above ground level at every point of thesiteboundary, except that this standard does not apply to party walls located alongsiteboundaries.

    P2

    Anybuildingwithin the High Density Precinct identified on the Te Kauwhata Lakeside Precinct Plan16.5.1(3)(a)shall not protrude through aheight control planerising at an angle of 45° commencing at an elevation of 3.5m above ground level at every point of thesiteboundarywithin 20m of a street frontage, and 2.5m above ground level at every point on thesiteboundarygreater than 20m from the street frontage; except that this standard does not apply to party walls located alongsiteboundaries.

    RD1

    (a)Anybuildingwhich does not comply with Rule16.5.8.4 P1 or P2.

    (b)Council’s discretion shall be restricted to:

    (i)height ofbuilding;

    (ii)design and location ofbuilding;

    (iii)admission of daylight and sunlight to thesite and othersites;

    (iv)privacy on othersites;

    (v)amenity values of the locality.

    16.5.8.5 Non-residential building

    P1

    A non-residentialbuildingprovided that thegross floor area area does not exceed 300m².

    D1

    A non-residentialbuildingwhich does not comply with Rule16.5.8.5 P1.

    16.5.8.6 Living court

    P1

    (a)Aliving courtmust be provided for eachdwellingin the Medium Density Precinct as shown on Te Kauwhata Lakeside Precinct PlanRule16.5.1(3)(a)which meets all of the following conditions:

    (i)theliving courtis readily accessible from a living area of thedwelling;and either

    (ii)on the ground floor theliving courthas a minimum area of 60m² capable of containing a circle of 6m diameter, and has a minimum width of 2.5m; or

    (iii)if thedwellingdoes not have a habitable room on the ground floor, a balcony is provided that meets the following:

    A.has an area of 10m² with a diameter of at least 2.0m for 1 bedroomdwellings; or

    B.has an area of 15m² with a minimum diameter 2.4m for 2 or more bedroomdwellings.

    P2

    (a)Aliving courtmust be provided for eachdwellingin the High Density Precinct as shown on Te Kauwhata Lakeside Precinct PlanRule16.5.1(3)(a)which meets either Rule (a)(v) or condition (a) (ii):

    (i)it complies with theliving courtrules for the medium density precinct, except that the ground floorliving courtmust havea minimum area of 50m2;or

    (ii)Communal open space is providedand:

    (b)the communal open space is accessible fromalldwellings subject to this provision,and

    (i)eachdwellinghas a legal right to use and enjoythe communal open space, and

    (ii)an on-site private open space is providedwhere either:

    A.on the ground floor theliving courthas a minimum area of 30m² capable of containing a circle of 4m diameter, and has a minimum width of 2.5m;or

    B.if thedwellingdoes not have a habitable room on the ground floor, a balcony is provided containing at least 10m² and a circle with a diameter of at least2.0m.

    RD1

    (a)Construction or alteration of adwellingwhich does not comply withRule 16.5.8.6 P1orP2.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)Outdooramenity;

    (ii)Functionality of balcony space;

    (iii)Integration of balconies withinbuildingdesign;

    (iv)Privacy and overlooking.

    16.5.8.7 Building setbacks - All boundaries

    P1

    (a)Abuildingmust be set back a minimum of:

    (i)3m from the roadboundary;

    (ii)1m from the sideboundaryexcluding duplexes or terrace houses;

    (iii)1.5m from the rearboundary.

    RD1

    (a)Abuildingthat does not comply with Rule16.5.8.7 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)amenity of neighbouring properties including shadowing, building dominance andprivacy;

    (ii)streetscapequality;

    (iii)road network safety and efficiency.

    16.5.8.8 Fences

    P1

    (a)Fences and walls between the applicablebuildingsetbacks under Rule16.5.8.7on asite and any road and road reserveboundaries must comply with all of the following conditions:

    (i)be no higher than 1.2m if solid;

    (ii)be no higher than 2m if:

    A.visually permeable for the full 1.8m height of the fence; or

    B.solid up to 1.2m andvisually permeable between 1.2m and 1.8m.

    RD1

    (a)A fence or wall which does not comply with16.5.8.8 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)buildingmaterials anddesign

    (ii)height

    (iii)effects onamenity

    (iv)visibility of publicspace.

    16.5.8.9 Overlooking of public spaces

    P1

    (a)Anydwellingor independent living unit within aretirement villagelocated on asite which fronts a street orpublic open space must comply with all of the following conditions:

    (i)at least one habitable room with glazing overlooks the street or public open space, and

    (ii)the area of glazing shall be a minimum of 25% of that part of the wall area of the habitable room which faces the street or public open space.

    RD1

    (a)Anydwellingor independent living unit within aretirement villagewhich does not comply with16.5.8.9 P1.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)visibility of public openspace;

    (ii)publicsafety.

    16.5.9.1 Subdivision Lakeside - general

    C1

    (a)Subdivisionmust comply with all of the following conditions:

    (i)Subdivisionis for an existing or approvedhousing development.

    (ii)everyallotment, other than autility allotmentoraccess allotment, has anet site areaof atleast:

    A.Medium Density Precinct – a minimumsitesize of 300m2with an averagesitesize of450m2, subject to (B) below;

    B.Higher Density Precinct – a minimumsite size of225m2, with a minimum averagesitesize of 250m2. Where asitehas legal access to private communal open space, then the percentage ofthat open space related to the number of properties with legal rights to use the private communal open space, will count towards the averagesitesize (but not minimumsite size); or

    C.2500m2in the case of any newallotmentthat is not connected to a reticulated wastewater system. For the avoidance of doubt this rule does not apply to anyallotmentcreated prior to 1 January2017.

    (iii)Noallotmentadjoining Lot 2 DPS 83606 included in SA66B/985 and/or Lot 4 DPS 83606 included in SA66B/987 shall be smaller than 450m²net site area.

    (iv)everyallotmentwith a roadboundary, other than anaccess allotment, access leg orutility allotment, has a width along the roadboundaryof atleast:

    A.12m in the Medium Density Precinct shown on PlanRule16.5.1(3)(a)or

    B.9m in the Higher Density Precinct shown on PlanRule16.5.1(3)(a)or

    (v)everyallotment, other than autility oraccess allotment, is capable of containing abuildingplatform:

    A.Upon which adwellingandliving courtcould be sited as a permitted activity or, in the Higher Density Precinct, outdoor living space meets the communal open spaceRule16.5.8.6,or

    B.In the case of vacantsites with no associatedbuildingproposal:

    C.A rectangle of at least 200m² with a minimumdimension of 12m exclusive of yards,and

    D.No part of the rectangle is located in an area identified as a stream or floodplain.

    (vi)everyallotmentother than a utility, access or open spaceallotmentmeets theinfrastructurerequirements as below:

    A.Demonstrate that adequate capacity within the water, stormwater and wastewater networks will be availableto accommodate the proposedsubdivisionincluding all necessary treatment required to meet water quality, quantity and disposal requirements; and

    B.Everyallotmentother than autility allotment,access allotmentor open spaceallotmentmust be able to demonstrate how it will connect to a reticulated water supply, and wastewater network that has adequate capacity as per infrastructure standard (a) above; and

    C.Everyallotmentother than autility allotment,access allotmentor open spaceallotmentmust be able to demonstrate how it will provide land drainage and stormwater disposal either through a reticulated network or in accordance withChapter 14.

    (vii)anyallotmentthat creates awalkway or cycle way or any walkway or cycle way forming part of asubdivisionis:

    A.at least 3 metres wide;

    B.designed for shared pedestrian and cycle use;

    C.for connections between roads, has unimpeded visibility along the entire length;

    D.generally in accordance with the walkway route shown on Precinct PlanRule16.5.1(3)(c)(recognising that the detailed alignment is indicative only).

    (b)Council’s discretion shall be restricted to the following matters:

    (i)subdivisionlayout;

    (ii)shape and orientation ofallotment;

    (iii)ability ofallotmentto accommodate a practicalbuilding platform;

    (iv)variation inallotmentsize;

    (v)likely location of future buildings and their potential effects on theenvironment;

    (vi)avoidance or mitigation of natural hazards, including liquefaction risk (refer to Chapter 15) andgeotechnical suitability forbuilding;

    (vii)road efficiency andsafety;

    (viii)vehicle and pedestriannetworks;

    (ix)connection to open spaces;

    (x)amenity and streetscape;

    (xi)drainage;

    (xii)land stability;

    (xiii)amenity matters including batterslopes;

    (xiv)health and safety;

    (xv)easements to facilitate development beyond thesite.

    RD1

    (a)Subdivisionthat does not comply with conditions inRule16.5.9.1 C1.

    (b)The Council’s discretion shall be restricted to the following matters:

    (i)subdivisionlayout;

    (ii)shape and orientation ofallotment;

    (iii)ability ofallotmentto accommodate a practicalbuilding platform;

    (iv)variation inallotmentsize;

    (v)likely location of futurebuildingsand their potential effects on theenvironment;

    (vi)avoidance or mitigation of natural hazards geotechnical suitability forbuilding;

    (vii)road efficiency andsafety;

    (viii)vehicle and pedestriannetworks;

    (ix)connection to open spaces;

    (x)amenity and streetscape;

    (xi)drainage;

    (xii)land stability;

    (xiii)amenity matters including batterslopes;

    (xiv)health and safety;

    (xv)easements to facilitate development beyond thesite.

    16.5.9.2 Lakeside Comprehensive Subdivision Consent (CS)

    RD1

    (a)AComprehensive Subdivision Consent (CS)that meets all of the following conditions:

    (i)isin accordance with Te Kauwhata Lakeside Precinct PlanRule16.5.1(3)(a); theroading network, walkways and cycle ways shown on PrecinctPlanRule16.5.1(3)(b);and the open space shown on Precinct PlanRule16.5.1(3)(c)as set out in the precinct parameters below;and

    (ii)ACSis in accordancewith the Lakeside Precinct Plansidentified above if:

    A.Primary roads are within 50m of the location shownon Precinct PlanRule16.5.1(3)(b);

    B.Bus route is either on the alignment shown on Precinct PlanRule16.5.1(3)(b)ora continuous alignment that achieves the same circulation;

    C.The externalboundary of the high density area within the Residential Zone is within 10m of the location shown onPrecinct PlanRule16.5.1(3)(a);

    (iii)Indicative walkways/cycle ways are within 100m of the location shown on Precinct PlanRule16.5.1(3)(c)provided connections are retained between the Lakeside Walkway and the residential development;

    (iv)The Lakeside Walkway is within 10m of the location shown on Precinct PlanRule16.5.1(3)(c);

    (v)Retirement villageboundaries are within 50m of the location shown on Precinct PlanRule16.5.1(3)(b); and

    (vi)Indicative areas of open space are within 200m of the locationshown on Precinct PlanRule16.5.1(3)(c).

    (vii)A secondary road access into the Lakeside Precinct Plan Area (as shown on Lakeside Precinct PlanRule16.5.1(3)(b)) must be opened for traffic before the number of residentialallotmentsin the Lakeside Precinct Plan Area exceeds 400provided that:

    A.each independent living unit in aretirement villageshall count as oneallotment;

    B.for the purpose of this rule, exceedance of 400 residentialallotmentsshall occur at the time of issue of 224C certificate under the Resource Management Act, and exceedance of independent living unit shall occur at the time of issue of building consent for that unit.

    (viii)The followinginfrastructurerequirements are met:

    A.Demonstrate that adequate capacity within the water, stormwater and wastewater networks will be available to accommodate the proposed subdivision including all necessary treatment required to meet water quality,quantity and disposal requirements;and

    B.Any wastewater disposal into Lake Waikare shall be from a new membrane bioreactor treatment plant (or plant of equal or better functionality), provided that wastewater disposal from up to 400 residentialallotments may be connected to the existing Te Kauwhata wastewater treatment plant on a temporary basis until a long-term wastewater disposal system is implemented. Where aretirement villageis included as part of the first 400 residentialallotments, then each independent living unit shall count as oneallotment; and

    C.Everyallotmentother than autility allotment,access allotmentor open spaceallotment, must be able to demonstrate how it will connect to a reticulated watersupply, and wastewater network that has adequate capacity as per infrastructure standard (i) above;and

    D.Everyallotmentother than autility allotment,access allotmentor open spaceallotment, must be ableto demonstrate how it will provide land drainage and stormwater disposal either through a reticulated network or in accordance withChapter 14;

    E.and prior to the issue of any 224C approval, the infrastructure requirements detailed in (viii) A-D above shall be implemented and operational.

    (ix)Individual site sizes shall not be less than the following for the identified areas on the Te Kauwhata Lakeside Precinct PlanRule16.5.1(3)(a).

    A.Medium Density– a minimumsitesize of 300m2with a minimum averagesitesize of450m2, subject to E below.

    B.Higher Density – a minimumsitesizeof 225m2with a minimum averagesitesize of 250m². Where asite has legal access to private communal open space, the percentage of thatopen space related to the number of properties with legal rights to use the private communal open space, will count towardsaveragesitesize (but not minimumsitesize).

    C.Retirement village– Medium Density precinct – a minimum exclusive area for an independentdwellingof 120m2.

    D.Retirement village – Higher Density precinct – nodensity limit.

    E.Noallotmentadjoining Lot 2 DPS 83606 included in SA66B/985 and/or Lot 4 DPS 83606 included in SA66B/987 shall be smaller than 450m²net site area.

    F.Where the averaging rule applies in A and B above this shall be calculated as the average of allsites zoned Residential, intended for residential purposes, and less than 2000m2. Anyallotmentgreater than 2000m2or anyallotmentprimarily intended for roading or publicinfrastructureshall not be included within the average calculation.

    (x)ACScan relate to the entire Te Kauwhata Lakeside Precinct Plan Area, or may be for an individual stage or stages, provided that an individual stage must be 5ha or more.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)consistency with the Te Kauwhata Lakeside Precinct PlaninRules16.5.1(3)(a),16.5.1(3)(b)and16.5.1(3)(c);

    (ii)matters identified in the assessment criteria inX;

    (iii)managing the effects of wastewater andstormwater;

    (iv)extent of any non-compliance withsite densitycontrol;

    (v)roading network (including the Te Kauwhata Road level crossing safety);

    (vi)compliance with a Council-approved roadingstandard;

    (vii)protection, restoration or enhancement ofecologicalfeatures;

    (viii)provision and location of existing and future utilitiesand connections;

    (ix)location of roads and theirconnections;

    (x)provision for public access to LakeWaikare;

    (xi)provision of open space, including linkagesbetween residential areas, open space and LakeWaikare;

    (xii)effects of natural hazards (including flooding),geotechnicalincluding liquefaction risk, (refer to Chapter 15)and landcontamination;

    (xiii)provision of the historic Iwi overlay area shown onPrecinct PlanRule3/716.5.1(3)(c).

    (c)Applications for approval of aComprehensive SubdivisionConsentas a restricted discretionaryactivity will be considered without public notification and withoutthe need to serve notice on or obtain the written approval of anyaffected persons.

    Note 1:

    CSapproval does not constitute authorisation by the WaikatoDistrict Council as road controlling authority in terms ofSection 357of the Local Government Act 1974. Written authorisation isrequired from the Waikato District Council prior to any workscommencing that affect public roads.

    D1

    (a)ACSthat does not comply withRule 16.5.9.2 RD1and meets all of the following conditions and conditions16.5.9.2 RD1 (i) and (ii)relating to secondary access andinfrastructure:

    (i)Primary roads are within 50m-100m of the locationshown on Precinct PlanRule16.5.1(3)(b);

    (ii)Bus route is either on the alignment shown on PrecinctPlanRule16.5.1(3)(b)or a continuous alignment that achieves the same circulation;

    (iii)The externalboundary of the high density area within the Residential Zone is within 10m-20m of the location shownon Precinct PlanRule16.5.1(3)(a);

    (iv)Indicative walkways/cycleways are within100m-200mof the location shown on Precinct PlanRule 15.5.2.3provided that connections are retained between the Lakeside Walkway and the residential development;

    (v)Lakeside Walkway is within 10m-20m of thelocation shown on Precinct PlanRule16.5.1(3)(c);

    (vi)Retirement villageboundaries are within 50m-100m ofthe location shown on Precinct Plan16.5.1(3)(a);

    (vii)Indicative areas of open space are within 200-400m of the location shown on Precinct Plan16.5.1(3)(c).

    (b)The matters over which Council reserves discretion shall beused for assessing discretionary activity applications under this rule.

    NC1

    ACSthat does not meet the requirements ofRule 16.5.9.2 RD1 (vii) and (viii)relating to Secondary Road Access Control and/or the Infrastructure Requirements, shall be a non-complying activity.

    NC2

    ACSthat does not meet any of the parameters for a discretionary activity outlined inRule 16.5.9.2 D1 (i) to (vii)is a non-complying activity.

    16.5.9.3 Subdivision - Sites less than 5ha

    RD1

    (a)Subdivision on sites less than 5 ha that complies with the conditions as set out below:

    (i)it is in accordance with the Te Kauwhata Lakeside Precinct Plan in16.5.1(3)(a),16.5.1(3)(b)and16.5.1(3)(c),

    (ii)environmental improvements required by the Te Kauwhata Lakeside Precinct Plan (including, but not limited to landscaping and provision of walkways and cycleways shown on the Precinct PlanRules 16.5.1(3)(c)have been implemented to the extent required, or

    (iii)the requisite environmental improvements in (ii) above are proposed to be implemented as a condition ofsubdivisionconsent to be completed or bonded prior to the issue of a section 224(c) certificate for the subdivision.

    (b)Council’s discretion shall be restricted to the following matters:

    (i)consistency with the Te Kauwhata Lakeside Precinct PlansRules 16.5.1(3)(a),16.5.1(3)(b)and16.5.1(3)(c),

    (ii)matters identified in theassessment criteria in X,

    (iii)managing the effects of wastewater and stormwater,

    (iv)extent of any non-compliance withsite density control,

    (v)roading network and compliance with a Council approved roading standard,

    (vi)provision and location of existing and future utilities and connections,

    (vii)location of roads and their connections,

    (viii)effects of natural hazards (including flooding), geotechnicalincluding liquefaction risk (refer to Chapter 15)and land contamination.

    1.7 Conservation

    Conservation issues addressed in the plan (as part of sustainable management) relate to preserving:

    • significant indigenous vegetation and significant habitats of indigenous fauna

    • existing ecological linkages along the Waipa and Waikato river catchments

    • hill country bush between Miranda and Aotea Harbour (including the Hapuakohe, Taupiri and Hakarimata ranges and mounts Pirongia and Karioi)

    • lakes and wetlands, including 'Ramsar' wetlands. (The Ramsar Convention on Wetlands is an international treaty adopted by the New Zealand Government, to ensure the conservation and wise use of wetlands. There are five Ramsar sites in New Zealand, including Whangamarino and Firth of Thames wetlands within the Waikato District.)


    Attention will be given to managing the biodiversity of remaining indigenous vegetation, including wetlands and gullies.

    The sustainable management process in the plan follows the lead of the New Zealand Biodiversity Strategy, the Draft National Policy Statement on Biodiversity, and the Waikato District Conservation Strategy.

    3.1.1 Vision and Strategy for the Waikato River

    The Vision and Strategy is Te Ture Whaimana o Te Awa o Waikato [s9(3)] and is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment [s5(1)].

    This district plan reflects the new era of co-management between Waikato District Council and iwi. The Settlement Act requires that a district plan shall give effect to the Vision and Strategy.


    The Vision and Strategy responds to four fundamental issues:

    • The degradation of the Waikato River and the ability of Waikato River iwi to exercise kaitiakitanga or conduct their tikanga and kawa;

    • The relationships and aspirations of communities with the Waikato River:

    • The cumulative effects of physical intervention, land use and subsurface hydrological changes on the natural processes of the Waikato River;

    • The time and commitment required to restore and protect the health and wellbeing of the Waikato River.


    Vision for the Waikato River


    The Vision and Strategy for the Waikato River is contained in Schedule 2 of the Settlement Act. Clauses (1) and (2) of the Vision state:

    1. Tooku awa koiora me oona pikonga he kura tangihia o te maataamuri. The river of life, each curve more beautiful than the last.
    2. Our vision is for a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and wellbeing of the Waikato River, and all it embraces, for generations to come.


    Strategy for the Waikato River

    In order to achieve the Vision for the Waikato River, the following strategies are to be followed:

    1. Ensure that the highest level of recognition is given to the restoration and protection of the Waikato River.
    2. Establish what the current health status of the Waikato River is by utilising maatauranga Maaori and latest available scientific methods.
    3. Develop targets for improving the health and wellbeing of the Waikato River by utilising maatauranga Maaori and latest available scientific methods.
    4. Develop and implement a programme of action to achieve the targets for improving the health and well-being of the Waikato River.
    5. Develop and share local, national and international expertise, including indigenous expertise, on rivers and activities within their catchments that may be applied to the restoration and protection of the health and wellbeing of the Waikato River.
    6. Recognise and protect Waahi tapu and sites of significance to Waikato-Tainui and other Waikato River iwi (where they do decide) to promote their cultural, spiritual and historic relationship with the Waikato River.
    7. Recognise and protect appropriate sites associated with the Waikato River that are of significance to the Waikato regional community.
    8. Actively promote and foster public knowledge and understanding of the health and wellbeing of the Waikato River among all sectors of the Waikato community.
    9. Encourage and foster a 'whole of river' approach to the restoration and protection of the Waikato River, including the development, recognition and promotion of best practice methods for restoring and protecting the health and wellbeing of the Waikato River.
    10. Establish new, and enhance existing, relationships between Waikato-Tainui, other Waikato River iwi (where they so decide) and stakeholders with an interest in advancing restoring and protecting the health and wellbeing of the Waikato River.
    11. Ensure that cumulative adverse effects on the Waikato River of activities are appropriately managed in statutory planning documents at the time of their review.
    12. Ensure appropriate public access to the Waikato River while protecting and enhancing health and well-being of the Waikato River.


    While implementation of a number of these strategies is the direct responsibility of the Waikato Regional Council whose jurisdiction falls within the Waikato River catchment, local authorities have a statutory duty to ensure that their District Plans give effect to Regional Policy Statements. Council discharges this statutory duty through a combination of District Plan objectives, policies and methods, its collaborative relationship with Waikato Regional Council concerning issues that affect the Waikato River, and the legally binding obligations set out in the Joint Management Agreement signed with Waikato-Tainui on 23 March 2010.


    21.1 to 21.3 Introduction

    The rules in this chapter apply in the Living Zone. The Living Zone includes 'new residential' areas marked on thePlanning Map. All rules apply throughout the zone, including new residential areas, unless otherwise specified. This chapter is divided into:

    • Introduction
    • Prohibited Activities List
    • Land Use

    - Land Use Activities rule table

      - Land Use Effects rule table

    - Building Activities rule table
    - Subdivision Rules

    All activities in the Rangitahi Peninsula Structure Plan Area are also subject to rules in Schedule 21C: Rangitahi Living Zone Rules, Structure Plan and Comprehensive Development Plan.
    All activities in the Te Kauwhata Structure Plan area are also subject to rules inSchedule 21A: Te Kauwhata Structure Plan Living Zone RulesandSchedule 21B: TeKauwhata West Living Zone Rules.

    The Living Zone contains standard lot residential and home occupations. Churches, schools and places of assembly are expected in the zone, subject to resource consent. Rules seek to manage activities so that any adverse effects (such as noise) do not detract from the amenity values expected for residential neighbourhoods.

    SeeChapter 18for an explanation of activity types, applications and assessment procedures. Principal reasons for rules are inChapter 29.

    Any activity is permitted if it is not listed as prohibited, and it complies with conditions for permitted activities stated in every row of the rule tables.

    Any activity requires resource consent if it fails to comply with a permitted activity condition in any row of the rule tables, or the rules directly state that a resource consent category applies.

    Rule tables consist of horizontal rows. Each row contains three cells. In each row, the left-hand cell indicates the subject matter, the middle cell states conditions that must be satisfied for the relevant activity or effect to be a permitted activity, and the right-hand cell states the kind of resource consent application required, if the permitted activity conditions in that row are not complied with.

    The rule tables state matters that control is reserved over, and matters to which discretion is restricted, as appropriate. Additional matters of control and discretion, applicable to every rule, are stated inChapter 20: General Rules.

    NOTE:
    All activities in the Te Kauwhata Structure Plan area are also subject to rules inSchedule 21A: Te Kauwhata Structure Plan Living Zone Rules andSchedule 21B: Te Kauwhata West Living Zone Rules.

    21.5 Prohibited Activities

    21.5

    The following activities are prohibited activities for which no resource consent shall be granted:

    Land Use

    (a)

    an industrial activity

    (b)

    deleted

    (c)

    deleted

    (ca)

    on-site storage or disposal of solid waste, other than remediation of contaminated land

    (d)

    hazardous waste storage, reprocessing or disposal

    (e)

    vegetation that obscures the sight lines of the Raglan navigation beacons for vessels entering Raglan Harbour (Whaingaroa)

    Building

    (f)

    construction or alteration of a building or structure that obscures the sight lines of the Raglan navigation beacons for vessels entering Raglan Harbour (Whaingaroa)

    (g)

    deleted

    (h)

    Construction of a building valued at $15,000 or more on the route of an Indicative Road on thePlanning Map.


    NOTE:All activities in the Rangitahi Peninsula Structure Plan Area are also subject to rules in Schedule 21C: Rangitahi Living Zone Rules, Structure Plan and Comprehensive Development Plan.

    21.10 to 21.73 Other Activities

    Editorial Note:

    For rules for Telecommunication Facilities on Road Reserves see the National Environmental Standards inAppendix Od.

    For rules for Electricity Transmission Activities see the National Environmental Standards inAppendix Oe.

    For rules for the following activities which are proposed to occur on land where an activity or industry listed in the Ministry for the Environment's Hazardous Activities and Industries List (HAIL) is being or has been undertaken, or where it is more likely than not that a HAIL activity is being or has been undertaken, see the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 inAppendix Of:


    - Removing or replacing a fuel storage system;

    - Sampling soil;

    - Disturbing soil;

    - Subdividing land; or

    - Changing the use of land.
    21.10 Type of activity

    ITEM

    PERMITTED

    RESOURCE CONSENT

    21.10

    Type of activity

    21.10.1

    Any activity that complies with all the effects and building rules is a permitted activity if it is a:
    1. residential activity, or
    2. home occupation that meets the conditions for a permitted activity, or
    3. temporary event that meets the conditions for a permitted activity, or
    4. neighbourhood park or

      (da) network utility, or
      (db) home stay that provides accommodation for no more than 4 temporary residents, and meets the conditions for a home occupation.

      21.10.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity, except:

      (a) an extractive industry.

      (aa) a wind energy facility

      21.10.3

      Any activity that does not comply with a condition for a discretionary activity is a non-complying activity.

      21.11 Home occupation

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.11

      Home occupation

      21.11.1

      A home occupation is a permitted activity if:

      1. no more than two people who are not permanent residents of the site are employed at any one time, and
      2. the activity does not interfere with neighbours’ televisions, radios, telephones or electronic equipment, and
      3. the activity does not operate machinery, load or unload vehicles or receive customers or deliveries before 7.30am or after 7.00pm on any day, and
      4. storage of materials or machineryassociated with the non-residential activity is not visible from a public road or neighbouring residential property.
      5. deleted

      21.11.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.12 Temporary event

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.12

      Temporary event

      21.12.1

      A temporary event is a permitted activity if:

      1. the event takes place within a public park, school or community centre, and
      2. the event occurs no more than 3 times per year, and
      3. it does not involve the assembly of more than 500 people per event, and
      4. it operates within the hours of
        1. 7.30am to 10pm Monday to Saturday, and
        2. 7.30am to 6pm Sunday, and
      5. temporary structures are
        1. erected no more than 2 days before the event occurs, and
        2. removed no more than 3 days after the end of the event, and
      6. the site is returned to its original condition no more than 3 days after the end of the event, and
      7. there is no direct site access from a national route or regional arterial road.

      21.12.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.13 On-site services

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.13

      On-siteservices

      21.13.1

      Any activity is a permitted activity if:

      1. the site is connected to a telecommunications network and energy supply network, or has a stand-alone energy supply, and
      2. the site is
        1. connected to reticulated water supply, stormwater and wastewater disposal networks where available, that complies withAppendix B(Engineering Standards), or
        2. provided with an alternative method of water supply, stormwater and wastewater disposal that complies withAppendix B(Engineering Standards), and
      3. services are placed underground where reticulated services are already underground.

      21.13.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.14 Network utility (excluding aerials)

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.14

      Network utility (excluding aerials)

      21.14.1

      Any activity is a permitted activity if:

      1. it is not a high-pressure gas line with a gauge pressure of 2000 kilopascals or more, and
      2. it is not an electricity line of 110kV or more, and
      3. either
        1. pipes and cables are located underground, or
        2. above ground structures for electricity, gas and telecommunications (excluding aerials):
          1. do not exceed 10m2in area, and
          2. in road reserves, do not exceed 2.4m in height, and
          3. outside road reserves, do not exceed 2.8m in height, and
          4. are set back at least 1.5m from all boundaries, except for structures on the road reserve or structures that comply with rule21.50.1(b), and
          5. deleted
          6. do not compromise road or pedestrian safety, and
      4. construction of a road complies with the conditions inAppendix A(Traffic) and the conditions inAppendix B(Engineering Standards).
      5. deleted

      21.14.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.14A Existing electricity and telecommunications lines

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.14 A

      Existing electricity andtelecommunications lines

      21.14A.1

      Despite rules 21.14.1(b),21.44.1(a) and (b),21.45,21.49and21.50, the operation, maintenance, minor upgrading and removal of existing electricity and telecommunications lines is a permitted activity if:

      1. the existing voltage is not increased, and
      2. the height of support structures (excluding earthwires, earthpeaks and lightning rods) is not increased, and
      3. the ground is reinstated on completion of works.

      21.14A.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.


      21.16 Access, vehicle entrance, parking, loading and manoeuvring space

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.16
      Access, vehicle entrance, parking, loading and manoeuvring space

      21.16.1
      Any activity is a permitted activity if:

      1. access, vehicle entrance, parking, loading, queuing, and manoeuvring space is provided in accordance withAppendix A(Traffic), and
      2. any carparks for non-residential activities are set back at least 3m from the road boundary of the site and screened by planting or fencing.

      21.16.2
      Any activity that does not comply with a condition for a permitted activity requires resource consent as stated in the appendix, or is a discretionary activity if not otherwise specified.

      21.17 Vehicle movements

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.17

      Vehicle movements

      21.17.1

      Any activity is a permitted activity if:

      1. it does not involve more than 30 vehicle movements per day, and
      2. no more than 4 of these vehicle movements are heavy vehicle movements.

      21.17.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.18 Noise

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.18

      Noise

      21.18.1

      Any activity is a permitted activity if it is designed and conducted so that noise from the activity measured at any other site does not exceed:

      1. 50dBA (L10), 7am to 7pm, Monday to Saturday, and
      2. 45dBA (L10), 7pm to 10pm, Monday to Saturday, and
      3. 40dBA (L10), and 65dBA (Lmax) all other times and public holidays.

      Despite the above, construction noise and emergency sirens are not subject to this rule.

      21.18.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.19 Construction noise

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.19

      Construction noise

      21.19.1

      Any activity is a permitted activity if:

      1. it is designed and conducted so that construction noise from the activity complies withAppendix N(Construction Noise).

      21.19.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.20 Vibration

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.20

      Vibration

      21.20.1

      Any activity is a permitted activity if:

      1. vibration arising from the activity complies withAppendix I(Ground Vibration).

      21.20.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.21 Glare and lighting

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.21

      Glare and lighting

      21.21.1

      Any activity is a permitted activity if light spill from artificial lighting, other than a streetlight, navigation light or traffic signal, does not exceed:

      1. 10 lux measured vertically at any other site.

      21.21.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.22 Dust, smoke, fumes, odour or ground level

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.22

      Dust, smoke, fumes, odour or ground level

      21.22.1

      Any activity is a permitted activity if:

      1. there is no objectionable or offensive dust, smoke, fumes or odour having adverse effects at any other site, and
      2. stockpiles of loose material are contained or maintained to prevent dispersal of the material into the air, and

      (ba)  earthworks undertaken within 20m of the centreline of an electricity transmission line with a voltage of 110kV or more do not generate adverse effects of dust on the transmission lines or raise the ground level.

      21.22.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.23 High frequency electromagnetic field

      ITEM

      PERMITTEDRESOURCE CONSENT

      21.23

      High frequency electromagnetic field

      21.23.1

      Any activity is a permitted activity if:

      1. any electromagnetic field does not exceed the maximum exposure level in NZS2772.1:1999 Radiofrequency Fields Part 1: Maximum exposure levels 3kHz - 300GHz when measured in accordance with NZS6609.2:1990.

      21.23.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.24 Earthworks

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.24

      Earthworks

      21.24.1

      Any activity is a permitted activity if earthworks:

      1. are not in the Flood Risk Area except for filling in accordance with rules 21.26 and,
      (aa)  are not in the Huntly East Mine Subsidence Area, and
      1. comply with Appendix B (Engineering Standards), and
      2. including cut and batter faces or filled areas, are revegetated to achieve 80% ground cover within 12 months of the earthworks being commenced, and
      3. deleted
      4. retain sediment on the site through implementation and maintenance of sediment controls, and
      5. do not adversely affect other land through changes in natural water flows or established drainage paths, and
      6. deleted
      (ga)  deleted
      1. do not disturb or move more than 100m3within a site in a single calendar year, and
      2. in relation to the height of any cut or batter face does not exceed 2m, and
      3. do not exceed 1000m2  in area.


      Despite (h) to (j), the following earthworks are permitted if they comply with (a) to (ga), and

      1. the work;​
        1. is part of an approved subdivision, or
        2. is necessary for building works authorised by a building consent and:​
          1. the area of earthworks is no more than 150% of the area of those building works; or
          2. occurs on land with an average gradient no steeper than 1:8, or
        3. is a backfilled trench for network utilities, and original ground levels are reinstated, (such trenches are also exempt from (d)), or

      (iiia) is for construction and
      maintenance of existing
      public roads.

      21.24.2

      Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

      21.25 Earthworks - filling using imported fill

      ITEM

      PERMITTED

      RESOURCE CONSENT

      21.25

      Earthworks

      • filling using imported fill

      21.25.1

      Any activity is a permitted activity if:

      1. all material for filling is clean fill, and
      2. filling
        1. that is part of building work approved by a building consent is carried out in accordance with NZS4431:1989 Code of Practice for earth fill for residential development, or
        2. that is not part of building work:
          1. does not exceed a volume of 20m3and a depth of 1m, and
          2. does not include a building platform, and
          3. does not include placing fill into an area of significant indigenous vegetation or habitat, or
        3. that is for minor upgrading of existing electricity lines does not exceed 50m3.

        21.25.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.26 Filling - Flood Risk Area

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.26

        Filling

        • Flood Risk Area

        21.26.1

        Any activity in a Flood Risk Area (excluding Huntly South Assessment Area 1) is a permitted activity if:

        1. filling is no more than is necessary to
          1. provide a foundation for building approved by a building consent, and access to that building, or
          2. enable minor upgrading of existing electricity lines and does not exceed 50m3.

        21.26.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.28 Impervious Surfaces

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.28

        Impervious surfaces

        21.28.1

        Any activity is a permitted activity if:

        1. it does not result in more than 70% of the site having an impervious surface, and
        2. stormwater is managed in accordance withAppendix B(Engineering Standards).

        21.28.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • stormwater runoff effects
        • mitigation including on-site water storage
        • matters referred to inAppendix B(Engineering Standards).
        21.30 Contaminated land - remediation

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.30

        Contaminated land

        • remediation

        21.30.1

        Any activity is a permitted activity if:

        1. remediation of contaminated land
          1. does not cause a greater risk to the environment than if the work was not done, and
          2. is not within
            1. a significant indigenous vegetation or habitat area, or
            2. the Landscape Policy Area, or
            3. the Flood Risk Area, or
            4. 50m of mean high water springs or a water body, and
          3. disposes of removed material in a location approved for the receipt of such material, and
          4. is reported to the Council by the landowner at the completion of the work detailing
            1. the work done and the results obtained, and
            2. the nature and location of remaining contaminated material on-site, and
            3. as-built plans and specifications of any permanent containment structure, and
        2. the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 inAppendix Of
          1. do not apply to the activity, or
          2. do apply and the activity meets the permitted activity requirements set out in Regulation 8 of the NES.

        21.30.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity except:

        1. where compliance with 21.30.1(b)(ii) is not achieved the activity status is determined by the NES.
        21.31 Hazardous substances

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.31

        Hazardous substances

        21.31.1

        Any activity is a permitted activity if:

        1. storage or use of hazardous substances complies withAppendix H(Hazardous Substances), or
        2. hazardous substances stored or used on the site are
          1. trade waste in a wastewater or waste treatment facility that complies withAppendix B(Engineering Standards), or
          2. roading materials within a road reserve, or
          3. domestic storage and use of consumer products for domestic purposes, or
          4. consumer products, held for resale to the public in the manufacturers’ packaging, or
          5. gas or oil pipelines and ancillary equipment, or
          6. fuel or safety equipment in motor vehicles, aircraft, ships, boats or small engines, or
          7. small fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or safety ammunition, in domestic quantities, or
          8. fire-fighting substances on emergency vehicles.

        21.31.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.32 Radioactive materials

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.32

        Radioactive materials

        21.32.1

        Any activity is a permitted activity if:

        1. radioactivity is below that specified as an exempt activity in the Radiation Protection Regulations 1982, or
        2. radioactive materials are confined to domestic appliances.

        21.32.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity if:

        1. radioactivity does not exceed 10 terabecquerels.


        21.32.3

        Any activity that does not comply with a condition for a discretionary activity is a non-complying activity.

        21.33 Wastewater treatment

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.33

        Wastewater treatment

        21.33.1

        Any activity is a permitted activity if:

        1. ponds used for processing or storing wastewater are set back at least
          1. 300m from a dwelling, and
          2. 30m from the site boundary, or
        2. a wastewater plant serving 3 or more dwellings, where wastewater treatment is fully enclosed, is set back at least
          1. 30m from a dwelling, and
          2. 15m from the site boundary.

        21.33.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.34 Plant or animal effluent disposal

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.34

        Plant or animal effluent disposal

        21.34.1

        Any activity is a permitted activity if:

        1. treatment and application of whey or liquid effluent derived from plants or animals (including disposal onto land by spray irrigation)
          1. is set back at least 300m from a habitable building, educational facility, marae or community hall, and
          2. is operated at times and in wind conditions so as to mitigate adverse effects.

        21.34.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.35 Notable tree - removal or destruction

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.35

        Notable tree
        • removal or destruction

        21.35.1

        21.35.2

        Removal or destruction of a tree identified in Appendix F (Notable Trees) is a discretionary activity.

        21.36 Notable tree - trimming

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.36

        Notable tree
        • trimming

        21.36.1

        Any activity is a permitted activity if:

        1. trimming of a tree identified inAppendix F(Notable Trees) is:
          1. either
            1. to remove dead, dying, diseased, crowded, weakly attached, low-vigour branches and water shoots from a tree crown, or
            2. cutting of a branch or root less than 50mm thick (cross section) and no more than 15% of the foliage of the tree is removed, or
            3. the balanced removal of lower branches of a tree on road reserve, and
          2. done in accordance with accepted arboricultural practice, and
          3. necessary to protect people’s health and safety, or protect structures or utilities.

        21.36.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.37 Notable tree - activities within the drip line

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.37

        Notable tree
        • activities within the drip line

        21.37.1

        Any activity within the drip line of a tree identified inAppendix F(Notable Trees) is a permitted activity if:

        1. it does not involve compaction, sealing or soil disturbance, except for sealing of an existing road or footpath, and
        2. it does not involve parking or storage of materials, vehicles or machinery, and
        3. there is no discharge of an ecotoxic substance, and
        4. there is no construction of structures.

        21.37.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

          • location of activity in relation to the tree
        • timing and manner in which the activity is carried out
        • remedial measures
        • protection of the tree.

        21.38 Signs - advertising signs

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.38

        Signs

        • advertising signs

        21.38.1

        Any activity is a permitted activity if an advertising sign visible from a public place:

        1. relates to goods or services available on the site, or is a property name sign, and
        2. is the only sign on the site, and
        3. does not exceed 0.25m2,, and
        4. is not illuminated, flashing or moving, and
        5. does not exceed 2m in height, and
        6. is not on a road reserve, except for a traffic sign or a safety sign erected by a public authority, and

        (fa)  is not attached to a heritage item listed inAppendix C1(Historic Heritage Items), site of significance to Maaori, or a tree identified inAppendix F(Notable Trees), except for the purpose of identification.

        Despite (a), (b) and (c), the following advertising signs are permitted if they comply with (d) to (fa):

        1. real estate 'for sale' signs relating to the site, provided that there are no more than 3 signs per site and no sign is larger than 1m2.
        2. deleted

        21.38.2

        Any advertising sign that does not comply with a condition for a permitted activity is a discretionary activity.

        21.39 Sign - effects on traffic

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.39

        Sign

        • effects on traffic

        21.39.1

        Any activity is a permitted activity if an advertising sign directed at drivers:

        1. does not imitate the content, colour or appearance of traffic control signs, and
        2. contains no more than 40 characters or 6 symbols, and
        3. has lettering that is at least 124mm high, and
        4. is at least 150m from a site entrance, where the sign directs traffic to an entrance, and
        5. does not obstruct sight lines of drivers turning into or out of entrances on any site.

        21.39.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.41 Number of dwellings

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.41

        Number of dwellings

        21.41.1

        Construction of a dwelling, other than a dependent person’s dwelling, is a permitted activity if, after completion:

        1. there is only one dwelling on the land contained in the certificate of title.

        21.41.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        Note:Appendix E: Comprehensive Residential Development Guidelines may be relevant to assessment.

        21.42 Dependent person's dwelling

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.42

        Dependent person's dwelling

        21.42.1

        Construction or alteration of a dependent person's dwelling is a permitted activity if:

        1. there is only one dependent person's dwelling on the site, and
        2. it shares an outdoor living court with the main dwelling on the site, and
        3. the site contains a net site area of at least 900m².

        21.42.2

        Construction or alteration of a dependent person's dwelling that does not comply with a condition for a permitted activity is a restricted discretionary activity if:

        (a) the dwelling is removable.

        Discretion restricted to:

        • amenity values
        • structural design and foundations
        • removability of dwelling
        • matters referred to in permitted activity conditions.

        21.42.3

        Any activity that does not comply with a condition for a restricted discretionary activity is a discretionary activity.

        21.43 Minimum site area - dwelling

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.43

        Minimum site area

        • dwelling

        21.43.1

        Construction or alteration of a dwelling is a permitted activity if:

        1. the site is connected to a reticulated wastewater system, or
        2. the net site area is at least 2500m2.

        21.43.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • effects on amenity, health and safety, and the environment
        • wastewater treatment system.
        21.44 Building height

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.44

        Building height

        21.44.1

        Construction or alteration of a building or structure is a permitted activity if:

        1. the height does not exceed 7.5m, and
        2. the height does not exceed 5m in a Battlefields View Shaft identified on the planning map, and
        3. it does not protrude through the obstacle limitation surfaces defined in Chapter 30, Designations (N1, Hamilton Airport), and
        4. it does not protrude into the Raglan navigation beacons height restriction plane identified on the planning maps and in Appendix J (Raglan Navigation Beacons Height Restriction Plane).

        21.44.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        Note:

        See rule 21.5 for prohibited activities.

        21.45 Daylight admission

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.45

        Daylight admission

        21.45.1

        Construction or alteration of a building is a permitted activity if:

        1. the building does not protrude through a height control plane rising at an angle of 37 degrees commencing at an elevation of 2.5m above ground level at every point of the site boundary.

        21.45.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • height of building
        • design and location of the building
        • admission of daylight and sunlight to the site and other sites
        • privacy on other sites
        • amenity values of the locality.
        21.46 Building coverage

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.46

        Building coverage

        21.46.1

        Construction or alteration of a building is a permitted activity if:

        1. the total building coverage does not exceed 40%.

        21.46.2

        Any activity that does not comply with a condition for a permitted activity is a non-complying activity.

        21.46A Non-residential building

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.46A

        Non-residential building

        21.46A.1

        Construction or alteration of a non-residential building is a permitted activity if:

        1. thegross floor areaof the building does not exceed 70m2.

        21.46A.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.47 Living court

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.47

        Living court

        21.47.1

        Construction or alteration of a dwelling is a permitted activity if:

        1. an outdoor living court is provided, and
        2. it is for the exclusive use of the occupants of a dwelling, and
        3. the living court is readily accessible from a living area of the dwelling, and
        4. either
          1. on the ground floor the living court has a minimum area of 80m2capable of containing a circle of 6m diameter, exclusive of parking and manoeuvring areas and buildings, or
          2. a balcony is provided containing at least 15m2and a circle with a diameter of at least 2.4m, if the dwelling does not have a habitable room on the ground floor.

        21.47.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.48 Service court

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.48

        Service court

        21.48.1

        Construction or alteration of a dwelling is a permitted activity if:

        1. a service court with a minimum area of 15m2containing a circle of at least 3m diameteris provided, exclusive of parking and manoeuvring areas and buildings.

        21.48.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.49 Building set back - road boundary (local and collector)

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.49

        Building set back

        • road boundary(local and collector)

        21.49.1

        Construction or alteration of a building is a permitted activity if:

        1. In Raglan it is set back at least:
          1. 6m from the road boundary of the site, and
          2. 16m from the centre line of an indicative road
        2. In places other than Raglan it is set back at least:
          1. 3m from the road boundary of the site, and
          2. 13m from the centre line of an indicative road.

        21.49.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.49A Building set back - State highway road boundary (designated boundary of Waikato Expressway, or national route or regional arterial road)

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.49A

        Building set back

        • State highway road boundary (designated boundary of Waikato Expressway, or national route or regional arterial road)

        21.49A.1

        Construction or alteration of a building is a permitted activity if:

        1. it is set back at least:
          1. 35m from the designated boundary of the Waikato Expressway, and
          2. 15m from a national route or regional arterial road boundary, or
        2. it is a detached non habitable accessory building or attached non habitable garage and:
          1. it is on a certificate of title issued prior to 25 September 2012 and
          2. is set back at least 15m from the designated boundary of the Waikato Expressway, and
          3. in Raglan 6m from a national route or regional arterial road boundary, or
          4. in places other than Raglan 3m from a national route or regional arterial road boundary.

        21.49A.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.49B Building set back - minor additions - State highway road boundary (designated boundary of Waikato Expressway, or national route or regional arterial road)

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.49B

        Building set back – minor additions

        • State highway road boundary (designated boundary of Waikato Expressway, or national route or regional arterial road)

        21.49B.1
        Construction or alteration of a building is a permitted activity if it is a minor addition:

        1. to a building existing prior to 25 September 2012, and
          1. it is within either or both of the following:
            1. 35m from the designated boundary of the Waikato Expressway, and
            2. 15m of a national route or regional arterial road boundary, and
          2. it is set back:
            1. in Raglan at least 6m from a national route or regional arterial road boundary, or
            2. in places other than Raglan at least 3m from a national route or regional arterial road boundary, and
          3. it is designed and constructed to comply withAppendix M5(Acoustic Insulation).

        21.49B.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.50 Building setbacks - other boundaries

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.50

        Building setbacks

        • other boundaries

        21.50.1

        Construction or alteration of a building is a permitted activity if:

        1. it is set back at least
          1. 1.5m from every boundary other than a road boundary, and
          2. 1.5m from every vehicle access to another site, or
        2. it is set back less than 1.5m from a boundary and
          1. it is a non-habitable building, and
          2. the total length of all buildings within 1.5m of the boundary does not exceed 6m, and
          3. it does not have any windows or doors on the side of the building facing the boundary.

        21.50.2

        Construction or alteration of a building that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • length of building along any boundary
        • height of building
        • daylight admission to adjoining properties
        • privacy.

        21.51 Setbacks - wastewater treatment

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.51

        Setbacks

        • wastewater treatment

        21.51.1

        Construction or alteration of a dwelling is a permitted activity if:

        1. it is set back at least 300m from the boundary of a site containing a wastewater treatment plant with oxidation ponds, and
        2. it is set back at least 30m from a wastewater treatment plant where the treatment process is fully enclosed, and
        3. it is set back at least 15m from the boundary of a site containing a wastewater treatment plant where the treatment process is fully enclosed.

        21.51.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.51A Setbacks - high voltage electricity transmission lines

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.51A

        Setbacks

        • high voltage electricity transmission lines

        21.51A.1

        Construction or alteration of a building is a permitted activity if:

        1. it is set back at least 20m from the centre line of any electricity transmission line designed to operate at 110kV or more.

        21.51A.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • effects of electromagnetic fields
        • extent to which location and orientation of habitable rooms mitigates effects of the lines
        • access to transmission lines for maintenance
        • safety of people and property
        • amenity values of the site
        • effects on integrity of electricity supply including

        - the extent to which compliance will be achieved with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP:34 2001

        - the nature and location of any landscaped amenity areas.

        21.52 Building near a lake or river

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.52

        Building near a lake or river

        21.52.1

        Construction or alteration of a building is a permitted activity if:

        1. the building is set back at least 23m from every lake, river or wetland, and

        (aa)  the building is set back at least 28m from the Waikato River and the Waipa River, and

        (ab)  the building is set back at least 50m from the river on sites to which the River Bank Stability Area applies.

        Despite the above, a public amenity of up to 25m2on an esplanade reserve, a public walkway, or a pump shed are not subject to this rule.

        Note: Rule 4.2.18.1 Waikato Regional Plan controls building within 10m of artificial watercourses (drains), modified watercourses or rivers within drainage districts and river control scheme areas managed by Waikato Regional Council or Waikato District Council.

        21.52.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.53 Building near the coast

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.53

        Building near the coast

        21.53.1

        Construction or alteration of a building is a permitted activity if:

        1. it is set back at least 23m from mean high water springs, and
        2. the floor level of any habitable room is at least 3.7m above Moturiki Datum.

        21.53.2

        Any activity that does not comply with a condition for a permitted activity is a discretionary activity.

        21.54 Building in Flood Risk Area

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.54

        Building in Flood Risk Area

        21.54.1

        Construction or alteration of a building on land shown on thePlanning Mapas a Flood Risk Area or other land that is subject to flood hazards is a permitted activity if:

        1. the floor level of any habitable room is at least 0.3m above the 1% design flood level, and
        2. the floor level of any non-habitable room is at least the 1% design flood level, and
        3. wastewater and stormwater disposal systems comply withAppendix B(Engineering Standards).

        21.54.2

        Any activity that does not comply with a condition for a permitted activity is a non-complying activity.

        21.54A Aerials

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.54A

        Aerials

        21.54A.1

        Despite rules21.44.1(a) and (b),21.45and21.50, construction or alteration of an aerial and its support structures is a permitted activity if:

        1. there are no more than 3 support structures per site, and
        2. the height of aerials or support structures does not exceed
          1. 15m, or
          2. 10m in any battlefield view shaft, and
        3. aerials and support structures (except for those on a road) are set back at least:
          1. 6m from road boundaries, or 15m if they exceed 7.5m high, and
          2. 1m from other boundaries, and
        4. no dish antenna exceeds 2m diameter, and no panel antenna exceeds 2.5m in any dimension, and
        5. above 9.5m high
          1. no support structure exceeds 500mm in any cross-section dimension, and
          2. no dish antenna exceeds 1m diameter, and
        6. it is not attached to an historic heritage item listed inAppendix C1(Historic Heritage Items), except for a domestic television reception aerial.

        21.54A.2

        Any aerial or support structure that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • amenity values
        • effects on landscape and streetscape
        • height and setback
        • design, safety and appearance
        • location within site
        • admission of daylight and sunlight to the site and other sites
        • matters mentioned in conditions not complied with
        • effects on the values, context and setting of a heritage item.
        21.55 Huntly East Mine Subsidence Area

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.55

        Huntly East Mine Subsidence Area

        21.55.1

        21.55.2

        Construction or alteration of a building in Huntly East Mine Subsidence Area is a discretionary activity.

        21.56 Comprehensive residential development

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.56

        Comprehensive residential development

        21.56.1

        21.56.2

        Construction or alteration of a comprehensive residential development is a discretionary activity if:

        1. the building height, scale, form and architectural style, and the site layout is consistent withAppendix E(Comprehensive Residential Development Design Guidelines), and
        2. there is an average net site area of at least 300m2per dwelling, and
        3. the development includes at least 5 dwellings, and
        4. total building coverage does not exceed 50%, and
        5. the site is connected to a reticulated water supply, stormwater and wastewater disposal system.

        21.56.3

        Any activity that does not comply with a condition for a discretionary activity is a non-complying activity.

        21.58 Group A heritage item - demolition, removal or relocation

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.58

        Group A heritage item

        • demolition, removal or relocation

        21.58.1

        21.58.2

        Demolition, removal or relocation of any group A heritage item listed inAppendix C1(Historic Heritage Item) is a non-complying activity.

        21.59 Group B heritage item - demolition, removal or relocation

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.59

        Group B heritage item

        • demolition, removal, or relocation

        21.59.1

        21.59.2

        Demolition, removal or relocation of any group B heritage item listed inAppendix C1(Historic Heritage Item) is a discretionary activity.

        21.60 All heritage items - alteration - addition

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.60

        All heritage items

        • alteration
        • addition

        21.60.1

        Alteration of, or addition to, a heritage item listed inAppendix C1(Historic Heritage Items), is a permitted activity if:

        1. no significant feature of interestis removed, destroyed or damaged, and
        2. deleted
        3. alterationsor additions are not visible from a public place, and
        (ca)  alterations or additions are of similar style, bulk and sympathetic to the original structure.

        21.60.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • form, style, materials and appearance
        • effects on heritage values.
        21.60A All heritage items - maintenance - repair

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.60A

        All heritage items

        21.60A.1

        Maintenance or repair to a heritage item listed inAppendix C1(Historic Heritage Items) is a permitted activity if:

        1. no significant feature of interest is destroyed or damaged, and
        2. replacement materials are the same as, or similar to, the original with the original form, style and appearance.

        21.60A.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • form, style, materials and appearance
        • effects on heritage values.
        21.61 All heritage items - site development

        ITEM

        PERMITTED

        RESOURCE CONSENT

        21.61

        All heritage items

        • site development

        21.61.1

        Development on the site of a heritage item listed inAppendix C1(Historic Heritage Items) is a permitted activity if:

        1. deleted
        2. it is set back at least 10m from the heritage item, and
        3. a building is not located between the front of the heritage item and the road.

        21.61.2

        Any activity that does not comply with a condition for a permitted activity is a restricted discretionary activity.

        Discretion restricted to:

        • effects on the values, context and setting of the heritage item
        • location, design, size, materials and finish
        • landscaping
        • the relationship of the heritage item with the setting.
        21.62 Heritage precinct - Matangi - Huntly

        ITEM

        CONTROLLED

        RESOURCE CONSENT

        21.62

        Heritage precinct

        • Matangi

        • Huntly

        21.62.1

        Construction or alteration of a building in the Matangi heritage precinct or the Huntly heritage precinct identified on the planning map is a controlled activity if

        1. the building is set back at least 8m from road boundaries

        Control reserved over:

        • effects on historic heritage, amenity values and character of the precinct
        • building height, side setbacks, scale, form, materials and architectural style to be consistent with the relevant part ofAppendix D(Design Guides)
        • advertising signs attached to the building

          21.62.2

          Any activity that does not comply with a condition for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • Matters that control is reserved over
          • Setback from road boundaries.

          21.62A Relocated building

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.62A

          Relocated building

          21.62A.1

          Relocation of a used building to a new site is a controlled activity if:

          1. the building is delivered to its final position on the site and connected to its new foundations within 7 days of arrival.

          Control reserved over:

          • external appearance
          • effects on amenity values and natural character of locality
          • visibility from public places and screening
          • structural integrity and weatherproofing
          • maintenance, repair, replacement or decoration of cladding, roofing, porches, decks, baseboards, steps, windows, chimney spaces, spouting and stormwater drains
          • stormwater management on the site
          • timetable for works
          • bond to secure compliance
          • matters referred to inAppendix B(Engineering Standards)

          21.62A.2

          Any activity that does not comply with conditions for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • matters referred to in conditions for controlled activities,
          • matters that control is reserved over.

          21.62B Acoustic insulation of dwellings - Horotiu Acoustic Amenity Overlay
          ITEMPERMITTEDRESOURCE CONSENT
          21.62B
          Acoustic insulation of dwellings
          21.62B.1
          Construction or alteration of a dwelling within the Horotiu Acoustic Amenity Overlay is a permitted activity if:
          1. the building is designed and constructed to comply with Table A - Internal Sound Levels in Appendix M6 (Acoustic Insulation), and
          2. it is setback at least 40m from the Industrial Zone boundary.

          21.62B.2
          Any activity that does not comply with a condition for a permitted activity is a discretionary activity.
          Editorial Note

          Any subdivision application relating to land that is contaminated or potentially contaminated, because of its past, present or likely use of the land for an activity or industry described in the Ministry for the Environment’s Hazardous Activities and Industries List (HAIL), is required to be assessed under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 inAppendix Of.

          21.63 Allotment size

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.63

          Allotment size

          21.63.1

          Subdivision is a controlled activity if:

          1. every allotment, other than a utility allotment or access allotment, has a net site area of at least
            1. 450m2, and
            2. deleted
            3. 2500m2in the case of any allotment that is not connected to a reticulated wastewater system, and
          2. deleted
          (ba)  in New Residential Areas shown on thePlanning Map, excluding utility allotments and access allotments
            1. the average net site area of all allotments is at least 600m2, and
            2. for every allotment less than 600m2, there is one lot of 600m2or more, and
          1. a utility allotment does not exceed 50m2.

          Control reserved over:

          • shape, location and orientation
          • variation in allotment sizes
          • matters referred to inAppendix B(Engineering Standards)
          • amenity and streetscape
          • vehicle and pedestrian networks.

          21.63.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.64 Allotment boundaries

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.64

          Allotment boundaries

          21.64.1

          Subdivision is a controlled activity if the boundary of every allotment is drawn so that:

          1. existing buildings comply with the permitted activity rules relating to building coverage, set backs, and daylight angles, except to the extent of any non-compliance that existed lawfully prior to the subdivision, and
          2. no area of significant indigenous vegetation and habitat, hazard area, contaminated land, dune land, heritage item, site of significance to Maaori, or wetland is divided between allotments, and
          3. boundaries avoid any tree listed in Appendix F (Notable Trees).

          Control reserved over:

          • effects on amenity values of buildings
          • effects on sites of significance to Maaori
          • effects on heritage items
          • effects on any notable trees
          • amenity and residential character
          • effects on archaeological sites.

          21.64.2

          Subdivision that does not comply with a condition for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • matters referred to in conditions for controlled activities
          • matters that control is reserved over.
          21.65 Frontage

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.65

          Frontage

          21.65.1

          Subdivision is a controlled activity if:

          1. every allotment with a road boundary, other than an access allotment, access leg or utility allotment, has a width along the road boundary of at least 15m.

          Control reserved over:

          • road efficiency and safety
          • amenity and streetscape.

          21.65.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.66 Road access

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.66

          Road access

          21.66.1

          Subdivision is a controlled activity if:

          1. every allotment is provided with vehicle access to a public road, and
          2. the vehicle access complies withAppendix A(Traffic) andAppendix B(Engineering Standards).

          Controlreserved over:

          • adequacy of the access for its intended use
          • road efficiency and safety
          • matters referred to inAppendix A(Traffic) andAppendix B(Engineering Standards).

          21.66.2

          Subdivision that does not comply with a condition for a controlled activity requires resource consent as stated in the relevant appendix, or is a discretionary activity if not otherwise specified.

          21.67 Building platform

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.67

          Building platform

          21.67.1

          Subdivision is a controlled activity if every allotment, other than a utility or access allotment, is capable of containing a building platform:

          1. upon which a dwelling and living court could be sited as a permitted activity, and
          2. with
            1. a circle with a diameter of at least 18m exclusive of yards, or
            2. a rectangle of at least 200m2with a minimum dimension of 12m exclusive of yards.

          Control reserved over:

          • subdivision layout
          • shape of allotments
          • ability of allotments to accommodate a practical building platform
          • likely location of future buildings and their potential effects on the environment
          • avoidance or mitigation of natural hazards
          • geotechnical suitability for building.

          21.67.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.68 Earthworks

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.68

          Earthworks

          21.68.1

          Subdivision is a controlled activity if:

          1. earthworks comply withAppendix B(Engineering Standards), and
          2. earthworks and filling are not undertaken on the route of any flow path or in the location of any stormwater attenuation pond shown to be retained onAppendix B, Table B1- Lorenzen Bay Structure Plan Drainage Plan and Technical Specifications.

          Control reserved over:

          • matters referred to inAppendix B(Engineering Standards)
          • amenity and streetscape nature and source of fill
          • location of earthworks and fill
          • compaction of fill
          • volume and depth of earthworks and fill
          • identification of future building platforms
          • water quality.

          21.68.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.69 On-site services

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.69

          On-siteservices

          21.69.1

          Subdivision is a controlled activity if, for every allotment other than a utility or access allotment:

          1. provision is made to connect to a telecommunications network and energy supply network, and
          2. either
            1. provision is made to connect to reticulated water supply, stormwater, land drainage and wastewater disposal networks where available, or
            2. an alternative method of water supply, stormwater, land drainage and wastewater disposal that complies withAppendix B(Engineering Standards) is provided, and
          3. services are placed underground where
            1. a new road is required as part of the subdivision, or
            2. existing services to the site are already placed underground.

          Control reserved over:

          • health and safety
          • amenity values
          • matters referred to inAppendix B(Engineering Standards)
          • easements to facilitate development beyond the site.

          21.69.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.70 Hazard risks policy areas

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.70

          Hazard risks
          policy areas

          21.70.1

          Subdivision is a controlled activity if:

          1. the land is not in the Huntly South Assessment Area, Huntly East Mine Subsidence Area, Flood Risk Area.

          Control reserved over:

          • size and area of allotments
          • mitigation of hazards in other areas.

          21.70.2

          Subdivision that does not comply with a condition for a controlled activity is a discretionary activity.

          21.71 Esplanade reserves and esplanade strips

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.71

          Esplanade reserves and esplanade strips

          21.71.1

          Subdivision is a controlled activity if an esplanade reserve or strip 20m wide (or other width stated inAppendix GEsplanade Priority Areas) is created from every allotment:

          1. less than 4ha within 20m of
            1. mean high water springs, or
            2. the bank of any river whose bed has an average width of 3m or more, or
            3. a lake whose bed has an area of 8ha or more, or
          2. 4ha or more within 20m of
            1. mean high water springs, or
            2. a water body identified inAppendix G(Esplanade Priority Areas).

          Control reserved over:

          • deleted
          • the type of esplanade provided - reserve or strip
          • access to the esplanade reserve or strip
          • matters provided for in an instrument creating an esplanade strip or access strip
          • works required prior to vesting any reserve in the Council.

          21.71.2

          Subdivision that does not comply with a condition for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • width of the esplanade reserve or strip
          • costs and benefits of acquiring the land
          • matters that control is reserved over.
          21.71A Off road walkways

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.71A

          Off road walkways

          21.71A.1

          Subdivision is a controlled activity if any walkway shown on the planning map is:

          1. at least 3 metres wide, and
          2. designed for shared pedestrian and cycle use, and
          3. generally in accordance with the walkway route shown on the planning maps, and
          4. shown on the plan of subdivision and vested in the Council.

          Control reserved over:

          • alignment
          • drainage
          • land stability
          • amenity matters including batter slopes
          • connection to reserves.

          21.71A.2

          Any activity that does not comply with a condition for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • alignment of walkway
          • costs and benefits of acquiring the land
          • matters that control is reserved over.
          21.72 Land containing heritage items

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.72

          Land containing heritage items

          21.72.1

          21.72.2

          Subdivision of land containing a heritage item listed inAppendix C1(Historic Heritage Item) is a restricted discretionary activity if:

          1. the heritage item is wholly contained on one allotment, and
          2. the relationship of the heritage item with its setting is maintained.

          Discretion restricted to:

          • effects on the values, context and setting of the heritage item.

          21.72.3

          Subdivision that does not comply with a condition for a restricted discretionary activity is a discretionary activity.

          21.73 Traffic generation

          ITEM

          CONTROLLED

          RESOURCE CONSENT

          21.73

          Traffic generation

          21.73.1

          Subdivision is a controlled activity if:

          1. traffic generated by likely land uses following the subdivision does not alter the status or function of roads in the road hierarchy identified inAppendix A(Traffic).

          Control reserved over:

          • capacity and quality of the road surface
          • function of the public road
          • safety and efficiency of the road network
          • safety of road users.

          21.73.2

          Subdivision that does not comply with a condition for a controlled activity is a restricted discretionary activity.

          Discretion restricted to:

          • function of the public road
          • safety of road users
          • capacity and quality of road surface.