appendix 1 proposed plan change (ppc4) · road or a great walks track, using 1 or more of the...

Magiq: 2823143 (Notified)

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Appendix 1

Proposed Plan Change

(PPC4)

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APPENDIX 1 Proposed Plan Change 4 (PPC4) to the Hauraki District Plan (Hauraki Section), Operative 2014

Provisions subject to change – Item 1 to Item 117

Text proposed to be deleted shown as bold strikethrough, proposed additional text shown in bold italics.

Item # Plan Section Amendment Proposed Reason for Proposed Amendment 1 4

Definition of “90 Percentile Car Tracking Curve”

Amend the definition as follows: 8590 Percentile Car Tracking Curve Means an area free from any obstacles for an 8590 percentile car to manoeuvre in and out of a parking/drop off space in accordance with the 8590 Percentile Car Tracking Curve Diagram in Appendix 13. the document titled ‘NZ On Road Tracking Curves’, Land Transport NZ 2007. Make other consequential changes (e.g. in sections 8.4.4.1(4), 8.4.4.3(1)(a), etc.) to align wording as a result of proposed changes (i.e. the change from 90 percentile car to a 85 percentile car).

The current definition refers to the document titled “NZ On Road Tracking Curves, Land Transport NZ 2007”. However, this only includes truck tracking curves and a replacement standard is therefore required. Reference to the 85 percentile car tracking curve is appropriate given the possibility of reduced section sizes through Plan Change 1 and feedback from the Council’s Development Engineer that a smaller tracking curve makes sense given reduced car size and tighter turning ability in modern cars. Refer to Attachment 1 for the diagram to be inserted into the Plan as Appendix 13.

2 4 Definition of “Certificate of Title”

Amend the definition as follows: Certificate of Title means Certificate of Title in terms of the Land Transfer Act 1952 2017, excluding: (a) a composite Certificate of Title for tenancy-in-common

and leasehold estate; (b) a Certificate of Title for tenancy-in-common interest,

which is less than the whole of the estate in the land described in the Certificate of Title;

(c) a Certificate of Title for a stratum estate in terms of the Unit Titles Act 2010.

Note: for the purposes of this Plan, reference to a Certificate of Title is equivalent to reference to a Record of Title.

The replacement of the Land Transfer Act 1952 with the Land Transfer Act 2017 and the renaming of Certificates of Title need to be reflected in the District Plan.

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3 4 Definition of “Commercial Service”

Amend the definition as follows: Means the provision of goods, services and traveller's accommodation principally for commercial gain, including camping grounds, caravan/trailer home parks, self storage unit facilities, a depot for the maintenance, repair and storage of vehicles, machinery, equipment and materials and the storage and use of hazardous substances but does not include produce stalls or markets.

The definitions of “commercial service” and “industrial activity” have created uncertainty about which “self-storage unit facilities” and “maintenance, repair and storage of vehicles, machinery, equipment and materials” fit under. This is a particular issue for the Rural Zone and Coastal Zone within which “commercial services” and “industrial activity” have a different activity status (in parts, and the whole of the Zone, respectively). In conjunction with Item 7, this amendment is to provide clarification.

4 4 Definition of “Comprehensive Residential Development”

Amend the definition as follows: Means a residential development, including shared accommodation, apartment buildings and individual dwellings, and includes open space, shared internal access, and may include shared open space and ancillary facilities for the exclusive use of the residents such as medical and nursing care, recreation and leisure, communal dining or other communal facilities. Comprehensive Residential Developments include community housing, housing for the elderly, retirement villages, housing for the physically and mentally challenged but do not include camping grounds or motor camps.

It is anticipated that larger scale comprehensive residential developments may include shared open space and ancillary facilities of the type listed. However, small scale comprehensive residential developments are also possible – minimum net lot area required being 2000m2. It is unlikely that shared open space and ancillary facilities will be required for developments of 3 or 4 dwellings. The wording of the definition needs amending to make it clear that such shared open space and ancillary facilities are optional.

5 4 Definition of “Daylight Control/Daylighting”

Amend the definition as follows: Daylight Control / Daylighting Means a building envelope created from a line commencing 2 metres vertically above each relevant boundary and projecting into the site or zone at a 45o angle up to the maximum permitted height. For the purpose of the daylight control, the holding, site or property boundary, or zone boundary, shall be the lot boundary, or the centreline of an adjoining internal access,

The ‘Daylight Control/Daylighting’ provisions of the Hauraki Section of the District Plan are intended to ensure adequate minimum daylight standards (or solar access) for the residents of neighbouring residential properties. There are other provisions in the District Plan to deal with other but related aspects of residential amenity (e.g. height of buildings, yards, maximum site coverage, minimum lot size, etc.). Given that the daylight control provisions of the District Plan are focussed upon ensuring adequate minimum daylight standards for the residents of neighbouring residential properties, and

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vehicle access strip or drainage reserve. Spouting and guttering is not considered part of the building unless it incorporates the barge board.

there will not be any buildings (with the potential to block daylight) on land used as a vehicle access strip, it seems appropriate to also exclude ‘vehicle access strips’ (as permanent open space) from the definition of ‘Daylight Control/Daylighting’ as proposed.

6 4 Definition of “Freedom Camping”

Add the following definition to Section 4: * Freedom Camping (responsible camping) (refer to s5

Freedom Camping Act 2011) (1) In this Act, freedom camp means to camp (other than

at a camping ground) within 200 m of a motor vehicle accessible area or the mean low-water springs line of any sea or harbour, or on or within 200 m of a formed road or a Great Walks Track, using 1 or more of the following: (a) a tent or other temporary structure: (b) a caravan: (c) a car, campervan, housetruck, or other motor

vehicle. (2) In this Act, freedom camping does not include the

following activities: (a) temporary and short-term parking of a motor

vehicle (b) recreational activities commonly known as day-

trip excursions: (c) resting or sleeping at the roadside in a caravan or

motor vehicle to avoid driver fatigue.

The Council wishes to amend its Freedom Camping Bylaw and to, in general (on Council owned and controlled roads and land), have this activity provided for without a resource consent having to be obtained under the District Plan.

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Note: Reference must also be made to Council’s freedom camping bylaw.

6a 4 Definition of “Hazardous Facility”

Amend the definition as follows: Means all activities involving disposal of hazardous substances, including their transportation only within the site, where these substances are used, stored, handled or disposed of. It does not include: (a) the incidental disposal use and storage of hazardous and

environmentally damaging substances in minimal domestic scale quantities.

This is a consequential change from the amendments proposed to Section 7.7 Hazardous Substances and Contaminated land, in Item 93.

7 4 Definition of “Industrial Activity”

Amend the definition as follows: Means any land, building or part of a building used for the processing, assembly, servicing, testing, repair, packaging, storage or manufacture of a product or produce, including the maintenance, repair and storage of vehicles, machinery, equipment and materials used in conjunction with this activity, and includes industrial training activities, and the storage and use of hazardous substances associated with an industrial activity, but does not include mineral extraction.

The definitions of “commercial service” and “industrial activity” have created uncertainty about which “self-storage unit facilities” and “maintenance, repair and storage of vehicles, machinery, equipment and materials” fit under. This is a particular issue for the Rural Zone and Coastal Zone within which “commercial services” and “industrial activity” have a different activity status (in parts, and the whole of the Zone, respectively). In conjunction with Item 3, this amendment is to provide clarification.

8 4 Definition of “Minor Dwelling Unit”

Amend the definition as follows: Means a self-contained residential unit that is ancillary to the principal dwelling (or an additional dwelling) and is held in common ownership with the principal dwelling (or an additional dwelling) on the same site, which can be attached to the principal dwelling (or an additional dwelling) or be a detached stand-alone building

Plan Change 1 (operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. It makes better sense for the elements of the definition that apply to minor dwelling units throughout the relevant zones to be included in the definition in Section 4 of the Plan.

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Means a self-contained residential unit which: (i) has a maximum gross floor area (excluding associated

decks to be used for outdoor recreation and associated accessory buildings) of: a) 50m2; or b) 60m2 when LifemarkTM Design Certified, or

another certification acceptable to Council to demonstrate that the minor dwelling unit is designed to be functional for elderly and/or disabled occupants.

NOTE: To qualify for LifemarkTM Design certification, minor dwelling units are required to be designed in accordance with, and assessed against, the LifemarkTM Design Standards and must achieve at least the entry-level “3-star” rating. For further information refer to: www.lifemark.co.nz or www.hauraki-dc.govt.nz; and;

(ii) is ancillary to a dwelling on the same site; and; (iii) is held in common ownership with the dwelling on the

same site. (iv) can be attached to the dwelling or be a detached stand-

alone building. (v) may only have associated with it a single

garage/carport and a garden shed. The total roof area of the garage/carport and garden shed shall be no greater than 25m2.

This helps provide clarity for Plan users when determining activity status for minor dwelling units as opposed to additional dwellings.

9 4 Definition of “Net Site Area”

Amend the definition as follows: Net Site Area Means the area of a site that contains the development and/or activity and any outdoor living court, service court, vehicle parking and manoeuvring space required by the

Development standards are provided in the Hauraki Section of the District Plan to control maximum site coverage in different zones – to limit the scale and intensity of building development to a level appropriate to the character and amenity of the area. The current definition of ‘Net Site Area’ excludes internal accesses (e.g. rights of way) but not vehicle access strips/legs

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District Plan and which is for the exclusive use of the development and/or activity, but shall exclude any communal open space, communal parking and any internal access or vehicle access strip.

serving a single dwelling. This has an unintended consequence in the calculation of site coverage, providing for excessive site coverage for single rear lots. For example, a rear lot (zoned Residential) of 400m2 + a 100m2 vehicle access strip can have a maximum site coverage of 175m2 (@35% site coverage of 500m2), compared to 140m2 maximum site coverage if the 100m2 vehicle access strip is excluded). For the sake of completeness, the definition of ‘Vehicle Access Strip’ included in the District Plan is as follows: “Vehicle Access Strip Means, in relation to a rear site, that strip of land extending from the street frontage to that site, of minimum specified width and for the permanent and legal use of that site only, for ingress and egress.” The proposed change is considered appropriate to protect residential amenity values.

10 4 Definition of “Patio”

Add the following definition to Section 4: Patio Patio (in relation to outdoor living areas) means a level paved or concreted area at ground level with direct access from the dwelling.

The amendments proposed to the definition of ‘Outdoor Living Area’ (Item 14) require the definition of some of the terms – to ensure certainty for users of the District Plan.

11 4 Definition of “Passive Recreation Activities”

Amend the definition as follows: “Means any recreation activity … and also excludes any organised sport and freedom camping (responsible camping). It includes …”.

This is a consequential amendment resulting from the proposed inclusion of a definition of “Freedom Camping” (Item 6) and provisions to enable freedom camping on Council owned and controlled roads and land.

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12 4 Definition of “Terrace”

Add the following definition to Section 4: Terrace (in relation to outdoor living areas) Means a level area of land, existing naturally, or created for the purpose of providing an outdoor living area for a dwelling or a minor dwelling unit.

The amendments proposed to the definition of ‘Outdoor Living Area’ (Item 14) require the definition of some of the terms – to ensure certainty for users of the District Plan.

13 4 Definition of “Residential Purposes or Activities”

Amend the definition as follows: Means the construction of a dwelling and any use of the dwelling, land or other accessory buildings, for purposes ancillary or incidental to the occupation of the dwelling exclusively by one household for living accommodation purposes and may include an associated minor dwelling unit that may be occupied by a separate household.

By definition “residential activities” are the construction and use of a dwelling. By definition “Minor dwelling units” are not dwellings. “Minor dwelling units” have their own definition. Mention of “minor dwelling units” within the definition of “residential activities” has unintended consequences and makes interpretation of some rules difficult.

14 4 Definition of “Outdoor Living Area”

Amend the definition as follows: Means an on-site outdoor area of open space for the exclusive use of the occupants of each residential activity, minor dwelling unit, or community house to which the space is allocated, free of any outdoor service area, driveways, manoeuvring areas, parking spaces, and accessory buildings. The outdoor living area must have may include decks, terraces and patios of a minimum dimension in all directions of 3 metres, or 1.5m in the case of a minor dwelling units and may include decks and terraces and shall: (a) be directly accessible from the dwelling, minor

dwelling unit, or community house; and (b) have a slope no greater than 10o; and (c) where terraced, each terrace shall be level and with a

minimum dimension of 3 metres, or 1.5 metres in

Plan Change 1 (operative 16 September 2019) introduced the provisions for ‘minor dwelling units’ and made other changes to the rules for ‘outdoor living areas’. However, the changes made did not fully reflect the Council’s intensions and introduced some contradictory provisions, both of which this amendment seek to rectify.

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the case of a minor dwelling unit, and a maximum difference in level between terraces of 1.5 metres.

A deck or patio included in the outdoor living area may be roofed (in whole or in part), but may not be walled – except that where it is immediately adjacent to the dwelling, or minor dwelling unit, the walls of the dwelling or minor dwelling unit may form no more than 2 sides of the outdoor living area.

16 4 Definition of “Temporary Uses and Buildings”

Amend the definition by adding a further clause as follows: (d) freedom camping (responsible camping) on formed

public roads and other (non-reserve) land owned or controlled by Hauraki District Council, limited in the rural area to a one night stay.

Note: Reference must also be made to Council’s freedom camping bylaw.

The Council wishes to amend its Freedom Camping Bylaw to, on Council owned and controlled roads and land, have this activity provided for without a resource consent having to be obtained under the District Plan.

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4 Definition of “Yard”

Amend the definition as follows: Means a part of a site measured from the boundary of the site which is required to be unobstructed by buildings from the ground upwards except that: … (e) where a building line restriction is imposed (in this

District Plan) over the site, the yard shall be measured back from the building line; and

…

In a number of situations (mainly in Whiritoa) building line restrictions (BLRs) were registered on certificates of title for roads that are never likely to be widened. The proposed amendment enables Council planners to ignore BLRs registered on CTs whilst preserving the ability to apply BLRs through the District Plan in the future.

18 Definition of “Allotment/Lot”

Amend the definition as follows: (a) Any parcel of land under the Land Transfer Act 2017

that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—

These definitions come from the Resource Management Act 1991 and the Building Act 2004, and are included in the District Plan for information purposes only. Amendments have been made to these definitions in these Acts, and it is necessary to replace these with the current versions.

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Definition of “Subdivision” Definition of “Building”

(i) the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or (ii) a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or

Amend the definition as follows: (b) An application to the Register – General of Land for

the issue of a separate certificate of title record of title in circumstances where the issue of that certificate of title record of title is prohibited by section 226.

Amend the definition as follows: Building: what it means and includes (b) (ii) a fence as defined in section 2 of the Fencing of

Swimming Pools Act 1987 any means of restricting or preventing access to a residential pool; and

Building: what it does not include (b) cranes (including any cranes as defined in

regulations made under the Health and Safety in Employment 1992 at Work Act 2015)

(g) containers as defined in section 2(1) of the

Hazardous Substances and New Organisms Act 1996 regulations made under the Health and Safety at Work Act 2015; or

(h) magazines as defined in section 222 of the

Hazardous Substances and New Organisms Act 1996 regulations made under the Health and Safety at Work Act 2015; or

NOTE: replacement of these definitions does not need to go through an RMA Schedule 1 process.

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19 5.1 Rural Zone 5.1.4.1 Permitted Activities P23

Amend 5.1.4.1; Permitted Activities; P23 as follows: P23 ACCESSORY BUILDINGS ASSOCIATED WITH A MINOR

DWELLING UNIT (REFER TO ACTIVITY SPECIFIC STANDARD 5.1.6(9)(b). 5.1.6(7) AND DEFINITION OF MINOR DWELLING UNIT).

It is proposed that the activity specific standards for accessory buildings associated with minor dwelling units be incorporated into the definition of ‘Minor Dwelling Unit’ in Section 4 of the Plan - amendment to the reference in P23 is therefore required. This change is proposed to be made in conjunction with Item 8.

20 5.1 Rural Zone 5.1.4.3 Traffic Noise Sensitivity addition of Restricted Discretionary Activity Matters

Amend 5.1.4.3; Restricted Discretionary Activities; RD1 by including a new (4) as follows: (4) Traffic Noise Sensitivity

a) The location of the dwelling in relation to the formed carriageway of the state highway,

b) The location of the bedrooms and main living room within the dwelling in relation to the formed carriageway of the state highway,

c) The extent and location of the main glazing to bedrooms and living areas,

d) The mitigation methods proposed – building materials, construction method and the internal noise level that will be achieved,

e) The outcomes of any consultation with the New Zealand Transport Agency, and

whether they are likely to avoid or mitigate potential adverse traffic noise effects or potential reverse sensitivity effects on the State Highway (to apply to a - e above). f) Whether there are other design features that will

provide the required ventilation without the need for ventilating windows or a ventilation system

Through the appeals process Traffic Noise Sensitivity rules were added to the Zone Development Standards. To apply to depart from these is a Restricted Discretionary Activity. The RMA requires Restricted Discretionary Activities to be assessed against the ‘Matters over which Council has restricted its discretion’. Conditions can only be imposed addressing those matters. No matters over which Council restricted its discretion were added to the Hauraki Section of the District Plan, these therefore need to be added.

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g) Whether the ventilation system proposed will provide a comfortable living environment as well as the required level of ventilation.

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Rural Zone 5.1.4.3 Restricted Discretionary Activities RD 8

Amend 5.1.4.3; Restricted Discretionary Activities; RD8 as follows: (9) The size, location, and use of buildings and

structures including garaging and decks to be used in association with the minor dwelling unit.

(10) Methods to ensure compliance with Activity Specific Standards 5.7.6(7) and the definition of minor dwelling unit (refer to Section 4).

These are consequential changes from the amendments proposed to be made under Item 8.

20b 5.1 Rural Zone 5.1.4.5 Non-Complying Activities NC1

Amend 5.1.4.5; Non-Complying Activities; NC1 as follows: NC1 NEW BUILDINGS (INCLUDING DWELLINGS AND

MINOR DWELLING UNITS) IN THE PIAKO FLOOD PONDING AREA.

A consequential change from the introduction of provisions for minor dwelling units that were made via Plan Change 1. The change was not made at the time of Plan Change 1 so needs to be made now. Minor dwelling units also need to be kept out of the Piako Flood Ponding Area.

21 5.1 Rural Zone 5.1.6(4)(a) Activity Specific Standards; Land Subject to Inundation as

Amend 5.1.6(4)(a) as follows: No more than 5% of the area within the site that is subject to inundation as identified on the planning maps shall be covered by buildings and/or covered in an impermeable surface or vegetation (other than grass or similar), or otherwise made unavailable to inundation (eg. by bunding or solid fencing), or be subject to exploration, excavation and filling.

5.1.6(4)(a) incorrectly implies that land covered by an impermeable surface reduces the ability of that land to be available for inundation purposes. This is not the case as land that is covered by an impermeable surface (e.g. concrete, asphalt, etc.) can still be available for ponding purposes – the water simply sits on top of the impermeable surface. As a consequential change resulting from the above, RD2 (2)(b), matters over which Council has restricted its discretion, will need

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Identified on the Planning Maps and 5.1.4.3 RD2 (2)

As a consequential change, amend 5.1.4.3, RD2 (2) as follows: (2) Earthworks/impermeable covering

(b) Whether the extension of the impermeable covering (building and/or hard surfaces) and access will have any consequential inundation effects on the remainder of the site and other sites also subject to potential inundation and any other adjacent sites.

and renumber the following item ‘(c)’ to ‘(b)’.

to be amended to delete reference to impermeable surfaces/ covering.

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5.1 Rural Zone 5.1.6(2) Activity Specific Standards – Home Occupations

Amend 5.1.6(2)(i) as follows: (i) Only goods directly produced or assembled by the

home occupation may be sold or offered for sale from the site on which the home occupation is conducted – in accordance with the rules for produce stalls.

A more direct link is required from the Activity Specific rule to the definition of ‘Produce Stall’ and the rules relating to these. The definition makes clear that the sale of the products of home occupations from the site of production is equally a produce stall as is the sale of fruit and vegetables etc. grown on the site. This can be overlooked due to no direct cross reference in the Activity Specific Standard rule.

23 5.1 Rural Zone 5.1.6(7) Activity Specific Standards

Amend 5.1.6(7) as follows:

(1) Dwellings, Minor Dwelling Units and additions thereto and accessory buildings to dwellings, minor dwelling units, farming and forestry in District Amenity Landscape Area

Plan Change 1 (operative 16 September 2019) introduced the provisions for “minor dwelling units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now.

24 5.1 Rural Zone

Amend 5.1.6(9)(a) as follows:

Plan Change 1 (operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”.

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5.1.6(9) Activity Specific Standards

(a) A minor dwelling unit must have a gross floor area (excluding its associated accessory buildings (see (b) below) and its associated decks used for outdoor recreation) of no greater than:

(i) 50m2; or: (ii) 60m2 when Lifemark DesignTM Certified, or

has another certification acceptable to the Council to demonstrate that the minor dwelling unit is designed to be functional for elderly and disabled occupants.

Note: To qualify for LifemarkTM design

certification, minor dwelling units are required to be designed in accordance with, and assessed against, the Lifemark Design Standards and must achieve at least the entry-level “3-star” rating. For further information refer to: www.lifemark.co.nz or www.hauraki-dc.govt.nz.

(b) A minor dwelling unit shall not have any accessory buildings except a single garage/ carport and a garden shed. The total roof area of the garage/carport and garden shed associated with a minor dwelling unit shall be no greater than 25m2.

(ca) A minor dwelling unit must be located on a site with a net site area of no less than 2,500m2.

(db) A minor dwelling unit located on a site that is subject to inundation as identified on the planning maps must not result in a breach of Activity Specific Standard 5.1.6(4).

(ec) A minor dwelling unit located in the District Amenity Landscape Area must comply with Activity Specific Standard 5.1.6(7).

(fd) Bulk and Location (i) A minor dwelling unit must be located to

comply with the following Zone

It is proposed, via PPC4, to move elements of the Activity Specific Standards for minor dwelling units from the relevant zones to the definition of ‘Minor Dwelling Units’ in Section 4 of the Plan. This helps provide clarity for Plan users when determining activity status for minor dwelling units as opposed to additional dwellings. This change is proposed to be made in conjunction with Item 8.

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Development Standards for Permitted and Controlled Activities (refer to 5.1.5(3)):

(1) Maximum height; (2) Daylight control; (3) Minimum Yards (Building); and: (4) Traffic noise sensitivity. (ii) A minor dwelling unit must be located

within 20 metres of its associated dwelling on the same site, measured from the closest external wall of the associated dwelling to the closest external wall of the minor dwelling unit.

(iii) A minor dwelling unit must share the same vehicle entrance and driveway access as its associated dwelling on the same site.

(ge) Domestic wastewater treatment and disposal (i) A minor dwelling unit that is not connected to the reticulated sewerage system must show details of the design and lay-out of the proposed on-site domestic effluent system including evidence that the system either complies with the permitted activity standards of the Waikato Regional Plan or the terms of a site specific discharge consent.

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Conservation (Indigenous Forest) Zone 5.2.4.1 Permitted Activities

Amend 5.2.4.1 (Permitted Activities) by adding an additional bullet point as follows: • Activity Specific Standards specified in Rule 5.2.6.

The suggested amendment would be consistent with the approach in other zones in the Hauraki section of the District Plan.

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Amend 5.2.4.1, Permitted Activities by adding:

The Council wishes to amend its Freedom Camping Bylaw and to, in general (on Council owned land), have this activity provided

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Conservation (Indigenous Forest) Zone 5.2.4.1 Permitted Activities

P3 TEMPORARY USES AND BUILDINGS (MEETING PART (d) OF THE DEFINITION).

for without a resource consent having to be obtained under the District Plan.

27 5.3 Conservation (Wetland) Zone 5.3.4.1 Permitted Activities

Amend 5.3.4.1 (Permitted Activities) by adding an additional bullet point as follows: • Zone Development Standards specified in Rule 5.3.5 Amend the first bullet point as follows: • Activity Specific Standards specified in Rule 5.3.56

The suggested amendment would be consistent with the approach in other zones in the Hauraki section of the District Plan. The cross reference is incorrect, it should be to Rule 5.3.6.

28 5.3 Conservation (Wetland) Zone 5.3.4.1 Permitted Activities

Amend 5.3.4.1, Permitted Activities by adding: P4 TEMPORARY USES AND BUILDINGS (MEETING PART

(d) OF THE DEFINITION).

The Council wishes to amend its Freedom Camping Bylaw and to, in general (on Council owned land), have this activity provided for without a resource consent having to be obtained under the District Plan.

29 5.3 Conservation (Wetland) Zone 5.3.4.2 Controlled Activities

Amend the first bullet point in 5.3.4.2 (Controlled Activities) as follows: • Activity Specific Standards specified in Rule 5.3.56 Amend 5.3.4.2 (Controlled Activities) by adding an additional bullet point as follows: • Zone Development Standards specified in Rule 5.3.5

The cross reference is incorrect, it should be to Rule 5.3.6. The suggested amendment would be consistent with the approach in other zones in the Hauraki section of the District Plan.

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5.3 Conservation (Wetland) Zone: 5.3.4.4 Discretionary Activities

Amend the first sentence in 5.3.4.4 (Discretionary Activities) as follows: “Those activities listed below are a Discretionary Activity and shall be assessed against the relevant criteria in Rule 5.3.67

The cross reference is incorrect, it should be to Rule 5.3.7.

31 5.4 Coastal Zone 5.4.4.3 Traffic Noise Sensitivity; addition of Restricted Discretionary Activity Matters addition of Restricted Discretionary Activity Matters







whether they are likely to avoid or mitigate potential adverse traffic noise effects or potential reverse sensitivity effects on the State Highway (to apply to a - e above). f) Whether there are other design features that will



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32 5.4

Coastal Zone 5.4.4.1 5.4.4.4 5.4.6 Activity Specific Standards – Home Occupations

Amend 5.4.4.1 Permitted Activities by adding: P13 ONE PRODUCE STALL PER HOLDING Amend 5.4.4.4 Discretionary Activities by adding: D11 PRODUCE STALLS THAT DO NOT MEET THE

ACTIVITY SPECIFIC STANDARDS IN RULE 5.4.6(6) Amend 5.4.6 Activity Specific Standards by adding: (6) PRODUCE STALL (a) No produce stall shall be operated where it

obtains its access from a state highway. (b) The area of land or building used as a

produce stall shall not exceed 30m² in total, excluding the area required for off-street parking and manoeuvring.

(c) The produce stall and any land used in conjunction with it for retail display shall be located at least:

(i) 20m from every front boundary of the holding;

(ii) 10m from every other boundary of the holding;

(iii) 60 metres from an intersection with a state highway.

(d) Activity specific standards (b) and (c) above shall not apply to a produce stall where:

(i) the area of land or building on the property used as a produce stall does not exceed 2m2 in total; and

Currently Produce Stalls are not provided for in the Coastal Zone as a permitted, controlled, restricted discretionary or discretionary activity and therefore default to a non-complying activity status. This is not consistent with provisions in the DAL Area of the Rural Zone where Produce Stalls are provided for as a permitted activity, and discretionary where the activity specific standards are not met. Given the mainly rural nature of the Coastal Zone it is appropriate to provide for Produce Stalls in a similar way to the DAL Area of the Rural Zone and this is what is being proposed. The Coastal Zone is identified as a DAL.

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(ii) there is a minimum road seal width adjacent to the stall, from the centreline to the edge of the seal, of 3.0 metres; and

(iii) there is parking of a minimum width of 2.5 metres for at least one motor vehicle, off the formed road and adjacent to the stall, that is not a driveway or internal access, with a 4 metre taper at each end; and

(iv) the produce stall is located at least 60 metres from a state highway; and

(v) there is a minimum stopping sight distance of 200 metres, along the road carriageway to the stall.

33 5.5

Karangahake Gorge Zone 5.5.4.3 Traffic Noise Sensitivity; addition of Restricted Discretionary Activity Matters addition of Restricted Discretionary Activity Matters







whether they are likely to avoid or mitigate potential adverse traffic noise effects or potential reverse

Through the appeals process Traffic Noise Sensitivity rules were added to the Zone Development Standards. To apply to depart from these is a Restricted Discretionary Activity. The RMA requires Restricted Discretionary Activities to be assessed against the ‘Matters over which Council has restricted its discretion’. Conditions can only be imposed addressing those matters. No matters over which Council restricted its discretion were added to the Hauraki Section of the District Plan, these need to be added.

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sensitivity effects on the State Highway (to apply to a - e above).

f) Whether there are other design features that will



34 5.5

Karangahake Gorge Zone 5.5.4.4 Activity status for Produce Stalls

Amend 5.5.4.4 Discretionary Activities by adding: D8 ONE PRODUCE STALL PER HOLDING Amend 5.5.7 Assessment Criteria Discretionary Activities by adding: 5.5.7.7 Produce Stalls

(1) Whether the position and orientation of the stall will cause a distraction to passing motorists, thereby potentially leading to traffic hazards.

(2) Whether the stall, and land used in conjunction with it for retail display, is located a safe distance from the front boundary of the property to minimise traffic hazards.

(3) The extent to which the proposal complies with the performance standards for the zone.

(4) Whether the methods proposed for disposal of sewage and stormwater and the provision of a potable water supply are appropriate for the scale of development proposed, and can be effectively maintained.

Currently Produce Stalls are not provided for in the Karangahake Gorge Zone as a permitted, controlled, restricted discretionary or discretionary activity and therefore default to a non-complying activity status. This is not consistent with provisions in the ONL Area of the Rural Zone where Produce Stalls are provided for as a discretionary activity. Given the mainly rural nature of the Karangahake Gorge Zone it is appropriate to provide for Produce Stalls in a similar way to the ONL Area of the Rural Zone and this is what is being proposed.

35 5.5

Amend 5.5.6(3)(h) as follows:

A more direct link is required from the Activity Specific rule to the definition of ‘Produce Stall’ and the rules relating to these.

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Karangahake Gorge Zone 5.5.6(3) Activity Specific Standards – Home Occupations

Only goods directly produced or assembled by the home occupation may be sold or offered for sale from the site on which the home occupation is conducted – as a discretionary activity, in accordance with the rules for produce stalls in 5.5.4.4.

The definition makes clear that the sale of the products of home occupations from the site of production is equally a produce stall as is the sale of fruit and vegetables etc. grown on the site. This can be overlooked due to no direct cross reference in the Activity Specific Standard rule.

36 5.7 Residential Zone 5.7.4.1 Permitted Activities; P1

Amend 5.7.4.1 P1 (Permitted Activities) as follows: P1 RESIDENTIAL ACTIVITIES (ONE DWELLING PER

CERTIFICATE OF TITLE) (REFER TO ACTIVITY SPECIFIC STANDARD 5.7.6(5)).

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now.

37 5.7 Residential Zone 5.7.4.1 Permitted Activities; P11


DWELLING UNIT (REFER TO ACTIVITY SPECIFIC STANDARD 5.7.6(7)(b) DEFINITION OF MINOR DWELLING UNIT


38 5.7 Residential Zone 5.7.4.2 Controlled Activities; C5

Amend 5.7.4.2 (Matters over which Council has reserved control) for C5 as follows: (1)(a) The Adequacy of information … relevant Zone Development Standards (refer to 5.7.5(31) …

Plan Change 1 (Operative 16 September 2019) introduced provisions for “Two or More Dwellings per Certificate of Title” as a controlled activity in the Residential Zones of Waihi, Paeroa and Whiritoa. In 5.7.4.2, C5 (1)(a) reference was made to 5.7.5(3) which is incorrect as (3) relates to discretionary and non-complying activities. The reference in C5 (1)(a) should be to 5.7.5(1) which relates to permitted and controlled activities.

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39 5.7 Residential Zone 5.7.4.3 Restricted Discretionary Activities Traffic Noise Sensitivity addition of Restricted Discretionary Activity Matters







whether they are likely to avoid or mitigate potential adverse traffic noise effects or potential reverse sensitivity effects on the State Highway (to apply to a - e above).





39a 5.7 Residential Zone 5.7.4.3

Amend 5.7.4.3; Restricted Discretionary Activities; RD1 by including a new (7) as follows: (7) Outdoor Living Area

The RMA requires Restricted Discretionary Activities to be assessed against the ‘Matters over which Council has restricted its discretion’. Conditions can only be imposed addressing those matters. No matters over which Council has restricted its discretion are set out in the District Plan, therefore these need to be added.

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Restricted Discretionary Activities Outdoor Living Area addition of Restricted Discretionary Activity Matters

a) Whether there is communal outdoor space provided, which is accessible to each activity on site, and provides a similar level of amenity.

b) Whether there is adjoining open space (e.g. park, reserve) that is ‘usable’ by each activity on the site, thereby reducing the need to provide the living area on-site.

c) The extent to which the living area can be provided in a manner that may not meet the standards, but still provides a usable area to meet the purpose of the living area and a similar level of amenity.

39b 5.7

Residential Zone 5.7.4.3 Restricted Discretionary Activities





39c 5.7 Residential Zone 5.7.4.4 Discretionary Activities

Amend 5.7.4.4; Discretionary Activities by adding a new D8 as follows: D8 EXCEPT IN WAIHI, PAEROA AND WHIRITOA – 2 OR

MORE DWELLINGS PER CERTIFICATE OF TITLE

This is a consequential change from the amendments proposed to the Zone Development Standards (deletion of the Density Standard) in Item 41. Its purpose is to retain the current activity status for the construction of more than one dwelling on a title in all the towns of the District. For Waihi, Paeroa and Whiritoa this is provided for under rules C5 and D2.

39d 5.7 Residential Zone 5.7.5

Amend 5.7.5; Zone Development Standards; Development Standard – Outdoor Living Area as follows: Outdoor Living Area (Dwellings and Community Houses)

Plan Change 1 (operative 16 September 2019) introduced provisions for ‘Minor Dwelling Units’. As a consequential amendment (Dwelling) was added. However, as set out in the definition of Outdoor Living Area, these are also required for ‘Community Houses’. This needs to be clear in the Table.

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Zone Development Standards Outdoor Living Area

39e

5.7 Residential Zone 5.7.5 Zone Development Standards Outdoor Living Area

Amend 5.7.5; Zone Development Standards; Development Standard – Outdoor Living Area as follows: Minimum Dimension: 3 metres in all directions Minimum Shape: Can contain a 6 metre diameter circle

Plan Change 1 (Operative 16 September 2019) amended the definition of “Outdoor Living Area” by introducing a “minimum dimension in all directions” standard. The location of this minimum dimension in the definition, and retention of what is really a useable shape factor requirement in the Zone Development Standards table – also labelled “Minimum Dimension” is causing confusion. The proposed amendment seeks to clarify the rule by setting out the “area”, “dimension” and “shape” requirements in one place and relabelling the shape requirement to more accurately reflect what it is.

40 5.7 Residential Zone 5.7.5 Zone Development Standards Outdoor Living Area

Amend 5.7.5 to delete the Development Standard ‘Outdoor Living Area (Minor Dwelling Unit)’ as shown in Attachment 2.

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. It was an error that development standards were included for minor dwelling units in the Zone Development Standards section of the Plan (i.e. Section 5.7.5). To be consistent with the rest of the District Plan, the ‘Outdoor Living Area’ standards for minor dwelling units should have been in the Activity Specific Standards section of the Plan (i.e. in Section 5.7.6) and, in conjunction with Item 41, this is what is being proposed through this plan change. It was an error that development standards relating to density for minor dwelling units were included in the Zone Development Standards (Section 5.7.5) which is a table relating only to permitted and controlled activities. This created duplication and the potential for confusion with the Restricted Discretionary Activity rule for minor units in the Residential Zone. This is

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because minor dwelling units are a restricted discretionary activity in the Residential Zone and Rule RD3 is of immediate relevance with regard to density (with the Activity Specific Standard in 5.7.6(7) of the Plan of subsequent relevance).

41 5.7 Residential Zone 5.7.5 Zone Development Standards Density

Amend 5.7.5 by amending the Development Standards ‘Density (principal dwelling)’, ‘Density (principal and additional dwelling(s))’ and ‘Density (dwelling/(s) and associated minor dwelling unit/(s))’ as shown in Attachment 2.

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. Provision for minor dwelling units changed the density expectations in the Residential Zone. It was an error that development standards relating to density for minor dwelling units were included in the Zone Development Standards (Section 5.7.5) which is a table relating only to permitted and controlled activities. This created duplication and the potential for confusion with the Restricted Discretionary Activity rule for minor units in the Residential Zone. This is because minor dwelling units are a restricted discretionary activity in the Residential Zone and Rule RD3 is of immediate relevance with regard to density (with the Activity Specific Standard in 5.7.6(7) of the Plan of subsequent relevance).

42 5.7 Residential Zone 5.7.6(1) Activity Specific Standards – Home Occupations

Amend 5.7.6(1)(h) as follows: Only goods directly produced or assembled by the home occupation may be sold or offered for sale from the site on which the home occupation is conducted – in accordance with the rules for produce stalls in 8.4.1.3.


43 5.7 Residential Zone 5.7.6(5)(a)

Amend 5.7.6(5)(a) as follows: No more than 45% of the area within the site that is subject to inundation as identified on the planning maps shall be covered by buildings and/or covered in an impermeable

5.7.6(5)(a) incorrectly implies that land covered by an impermeable surface reduces the ability of that land to be available for inundation purposes. This is not the case as land that is covered by an impermeable surface (e.g. concrete,

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Activity Specific Standards; Land Subject to Inundation as Identified on the Planning Maps and 5.7.4.3 RD2 (2)

surface or vegetation (other than grass or similar), or otherwise made unavailable to inundation (eg. by bunding or solid fencing), or be subject to exploration, excavation and filling. As a consequential change, amend 5.7.4.3, RD2 (2) as follows: (2) Earthworks/impermeable covering

(b) Whether the extension of the impermeable covering (building and/or hard surfaces) and access will have any consequential inundation effects on the remainder of the site and other sites also subject to potential inundation and any other adjacent sites.


asphalt, etc.) can still be available for ponding purposes – the water simply sits on top of the impermeable surface. As a consequential change resulting from the above, RD2 (2)(b), matters over which Council has restricted its discretion, will need to be amended to delete reference to impermeable surfaces/ covering.

44 5.7 Residential Zone 5.7.6 Activity Specific Standards

Amend 5.7.6(6)(a) as follows:

(a) Each dwelling must meet the relevant Zone Development Standards (refer to 5.7.5(3)), Activity Specific Standard 5.7.6(5), Subdivision Standards (refer to 9.4.3.1(1), and District Wide Performance Standards for Development and Subdivision (refer to section 8) as if the certificate of title is to undergo subdivision in future.

Inclusion of the Zone Development Standards in this rule duplicates Rule 5.7.4.2 which already requires this, and causes confusion by pointing at a different Discretionary Activity rule than Rule 5.7.4.3 does.

45

5.7 Residential Zone 5.7.6

Amend 5.7.6(7)(e), (f) and (g) as follows: (ed) Bulk and Location (i) A minor dwelling unit must be located to comply

with the following Zone Development Standards for Permitted and Controlled Activities (refer to 5.7.5(3)):

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. The changes that are proposed in Item 45 follow from Item 8 (amendments to the definition of Minor Dwelling Unit), Items 39b, 40, 41 and 46are also linked to Item 45 (see the various proposed amendments and reasons).

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Activity Specific Standards

… (5) Traffic noise sensitivity and; (6) Density (7) Outdoor living area; and (8) Privacy and separation. (ii) A minor dwelling unit must share the same vehicle

entrance and driveway access as the associated dwelling on the same site.

(fd) Outdoor Living Area A minor dwelling unit must have an outdoor living area

with a minimum area of 30m2, able to contain a rectangle with dimensions no less than 3m by 4m, and having a minimum dimension in all directions of 1.5m.

(fg) Domestic wastewater treatment and disposal

In essence the proposed amendments, in combination, seek to reassign/reallocate the existing Zone Development Standards to the Activity Specific Standards for Minor Dwelling Units. Elements of the Activity Specific Standards are now also proposed to be incorporated into the definition of ‘Minor Dwelling Unit’ (Item 8). In combination, these proposed changes help provide increased clarity and certainty for Plan users when determining standards to be complied with, and subsequent activity status, for minor dwelling units and additional dwellings in the Residential Zone.

46 5.7 Residential Zone 5.7.6 Activity Specific Standards

Amend 5.7.6(7)(a) as follows: (a) A minor dwelling unit must have a gross floor area

(excluding its associated accessory buildings (see (b) below) and its associated decks used for outdoor recreation) of no greater than:

(i) 50m2; or: (ii) 60m2 when LifemarkTM Design Certified, or



certification, minor dwelling units are required to be designed in accordance with, and assessed against, the Lifemark Design Standards and must achieve at least the entry-level “3-star” rating. For further information

Plan Change 1 (operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. It is proposed, via PPC4, to move elements of the Activity Specific Standards for minor dwelling units from the relevant zones to the definition of ‘Minor Dwelling Units’ in Section 4 of the Plan. This helps provide clarity for Plan users when determining activity status for minor dwelling units as opposed to additional dwellings. This change is proposed to be made in conjunction with Item 8.

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refer to: www.lifemark.co.nz or www.hauraki-dc.govt.nz.


(ca) A minor dwelling unit must be located on a site with a net site area of no less than: (i) 650m2 per associated dwelling if the site has a

connection to the Council’s reticulated sewer network; or:

(ii) 2,500m2 per associated dwelling if the site is not connected to the Council’s reticulated sewer network.

47 5.8

Low Density Residential Zone 5.8.4.1 Permitted Activities; P1

Amend 5.8.4.1, P1 (Permitted Activities) as follows: P1 RESIDENTIAL ACTIVITIES (ONE DWELLING PER

CERTIFICATE OF TITLE)


49 5.8 Low Density Residential Zone 5.8.4.1 Permitted Activities; P11


DWELLING UNIT (REFER TO ACTIVITY SPECIFIC STANDARD 5.8.6(3)(b) DEFINITION OF MINOR DWELLING UNIT


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50

5.8 Low Density Residential Zone 5.8.4.2 Controlled Activities; C2

Amend 5.8.4.2 (Matters over which Council has reserved control) for C2 as follows: (1)(a) The Adequacy of information … relevant Zone

Development Standards (refer to 5.8.5(31) …

Plan Change 1 (Operative 16 September 2019) introduced provisions for “Two or More Dwellings per Certificate of Title” as a controlled activity in the Low Density Residential Zones of Waihi, Paeroa and Whiritoa. In 5.8.4.2, C2 (1)(a) reference was made to 5.8.5(3) which is incorrect as (3) relates to discretionary and non-complying activities. The reference in C2 (1)(a) should be to 5.8.5(1) which relates to permitted and controlled activities.

51 5.8 Low Density Residential Zone 5.8.4.3 Traffic Noise Sensitivity addition of Restricted Discretionary Activity Matters











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51a 5.8

Low Density Residential Zone 5.8.4.3 Restricted Discretionary Activities Outdoor Living Area






51b 5.8 Low Density Residential Zone 5.8.4.3 Restricted Discretionary Activity Matters Minimum Residential Area

Amend 5.8.4.3; Restricted Discretionary Activities; RD1 by including a new (7) as follows: (7) Minimum Residential Area

a) The degree to which the design of the development allows for a smaller residential area per dwelling while still meeting the required standards relating to privacy, outdoor living, sunlight, parking and other residential amenity needs.

b) Whether there is sufficient permanent open space adjoining the site (excluding streets and accessways) to reduce the impact of the higher density on the surrounding residential environment.


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c) Whether the housing development is designed to meet the needs of specific residents not requiring the specified residential area due to smaller units, or parking or other factors, and the development is unlikely to convert to a residential form of living that would require greater net site areas.

51c 5.8

Low Density Residential Zone 5.8.4.3 Restricted Discretionary Activities RD 2





52 5.8 Low Density Residential Zone 5.8.4.4 Discretionary Activities; D7

Amend 5.8.4.4 Discretionary Activities by including new D7 as follows: D7 RESIDENTIAL ACTIVITIES – ONE DWELLING PER

CERTIFICATE OF TITLE NOT CONTAINING THE RELEVANT MINIMUM RESIDENTIAL AREA (REFER TO 5.8.5).


53

5.8

Low Density Residential Zone 5.8.5

Amend 5.8.5(1) as follows: (1) The following relevant Zone Development Standards

shall be met by all Permitted and, Controlled and Restricted Discretionary Activities unless otherwise stated.

Restricted Discretionary Activities were included in this provision in error. They need to be removed to provide consistency with all other zones.

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Zone Development Standards (Outdoor Living Area)

53a 5.8

Low Density Residential Zone 5.8.5 Zone Development Standards (Outdoor Living Area)

Amend 5.8.5; Zone Development Standards; Development Standard – Outdoor Living Area (in both the Permitted and Controlled and the Restricted Discretionary columns of the table), as follows: Minimum Dimension: 3 metres in all directions Minimum Shape: Can contain an 8.0 metre diameter circle.

Plan Change 1 (Operative 16 September 2019) amended the definition of “Outdoor Living Area” by introducing a “minimum dimension in all directions” standard. The location of this minimum dimension in the definition, and retention of what is really a useable shape factor requirement in the Zone Development Standards table – also labelled “Minimum Dimension” is causing confusion. The proposed amendment seeks to clarify the rule by setting out the “area”, “dimension” and “shape” requirements in one place and relabelling the shape requirement to more accurately reflect what it is.

54 5.8 Low Density Residential Zone 5.8.5 Zone Development Standards (Outdoor Living Area)

Amend 5.8.5 to delete the Development Standard ‘Outdoor Living Area (Minor Dwelling Unit)’ as shown in Attachment 3.

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. It was an error that development standards were included for minor dwelling units in the Zone Development Standards section of the Plan (i.e. Section 5.8.5) which is a table relating only to permitted and controlled activities. To be consistent with the rest of the District Plan, the ‘Outdoor Living Area’ standards for minor dwelling units should have been in the Activity Specific Standards section of the Plan (i.e. in Section 5.8.6) and, in conjunction with Item 45, this is what is being proposed through this plan change.

55 5.8 Low Density Residential Zone 5.8.5

Amend 5.8.5 by amending the Development Standards ‘Density (principal and additional dwelling(s))’ and ‘Density (dwelling/(s) and associated minor dwelling unit/(s))’ as shown in Attachment 3.

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. Provision for minor dwelling units changed the density expectations in the Low Density Residential Zone. It was an error that development standards relating to density for minor dwelling units were included in the Zone Development

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Zone Development Standards (Density)

Standards (Section 5.8.5) which is a table relating only to permitted and controlled activities. This created duplication and the potential for confusion with the Restricted Discretionary Activity rule for minor units in the Low Density Residential Zone. This is because minor dwelling units are a restricted discretionary activity in the Low Density Residential Zone and Rule RD2 is of immediate relevance with regard to density (with the Activity Specific Standard in 5.8.6(3) of the Plan of subsequent relevance).

55a 5.8 Low Density Residential Zone 5.8.5 Zone Development Standards (Minimum Residential Area)

Amend 5.8.5 by adding a new Development Standard ‘Minimum Residential Area’ as shown in Attachment 3.

Plan Change 1 (operative 16 September 2019) introduced the provisions for “additional dwellings”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now.

56 5.8 Low Density Residential Zone 5.8.6(1) Activity Specific Standards (Home Occupations)

Amend 5.8.6(1)(h) as follows: (h) Only goods directly produced or assembled by the

home occupation may be sold or offered for sale from the site on which the home occupation is conducted – in accordance with the rules for produce stalls in 8.4.1.3.


57 5.8 Low Density Residential Zone

Amend 5.8.6(2) (a) as follows: Each dwelling must meet the relevant Zone Development Standards (refer to 5.8.5(3)), Subdivision Standards…..

Inclusion of the Zone Development Standards in this Rule duplicates Rule 5.8.4.2 which already requires this, and causes confusion by pointing at a Non-Complying activity rule rather than Discretionary activity Rule 5.8.4.3.

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5.8.6(2) Activity Specific Standards

58 5.8 Low Density Residential Zone 5.8.6 Activity Specific Standards

Amend 5.8.6(3) as follows: (a) A minor dwelling unit must have a gross floor area

(excluding its associated accessory buildings (see (b) below) and its associated decks used for outdoor recreation) of no greater than:

(i) 50m2; or: (ii) 60m2 when LifemarkTM Design Certified, or



certification, minor dwelling units are required to be designed in accordance with, and assessed against, the Lifemark Design Standards and must achieve at least the entry-level “3-star” rating. For further information refer to: www.lifemark.co.nz or www.hauraki-dc.govt.nz.


(ca) A minor dwelling unit must be located on a site with a net site area of no less than:

Plan Change 1 (operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. It is proposed, via PPC4, to move elements of the Activity Specific Standards for minor dwelling units from the relevant zones to the definition of ‘Minor Dwelling Units’ in Section 4 of the Plan. This helps provide clarity for Plan users when determining activity status for minor dwelling units as opposed to additional dwellings. This change is proposed to be made in conjunction with Item 8.

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(i) 1,000m2 per associated dwelling if the site has a connection to the Council’s reticulated sewer network; or:

(ii) 2,500m2 per associated dwelling if the site is not connected to the Council’s reticulated sewer network.

59

5.8 Low Density Residential Zone 5.8.6(3) Activity Specific Standards

Amend 5.8.6(3) as follows: (db) Bulk and Location

(i) A minor dwelling unit must be located to comply with the following Zone Development Standards for Permitted and Controlled Activities (refer to 5.8.5(3)):

(1) Maximum height; (2) Daylight control; (3) Minimum Yards; (4) Traffic noise sensitivity; (5) Maximum site coverage; (6) Density; and: (7) Outdoor living area (c) Outdoor Living Area (iii) A minor dwelling unit must have an

outdoor living area with a minimum area of 30m2, able to contain a rectangle with dimensions no less than 3m by 4m, and having a minimum dimension in all directions of 1.5m.

(ed) Domestic wastewater treatment and disposal

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. The changes that are proposed in Item 59 follow from Item 8 (amendments to the definition of Minor Dwelling Unit), Items 54 and 55 and are also linked to Item 58 (see the various proposed amendments and reasons). In essence the proposed amendments, in combination, seek to reassign/reallocate the existing Zone Development Standards to the Activity Specific Standards for Minor Dwelling Units. Elements of the Activity Specific Standards are now also proposed to be incorporated into the definition of ‘Minor Dwelling Unit’ (Item 8). In combination, these proposed changes help provide increased clarity and certainty for Plan users when determining standards to be complied with, and subsequent activity status, for minor dwelling units in the Low Density Residential Zone.

60 5.9

Amend 5.9.4.1 by inserting the following new permitted activity:

Home/Farm Stay is defined in the Hauraki Section of the District Plan as:

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Marae Development Zone 5.9.4.1 Permitted Activities provision for “Homestays”

P10 HOMESTAY “Means where a resident household offers for a daily tariff accommodation and meals within their own dwelling to visitors, provided that not more than six people exclusive of the members of the household are accommodated.” The Marae Development Zone is a specific zone in which Maori can undertake ongoing development of their culture, traditions, economic and social infrastructure. Homestays are provided for as a permitted activity in the Residential Zone (subject to compliance with various provisions and standards) and it would seem appropriate to provide for Homestays in the Marae Development Zone in a similar way.

61 5.10 Township Zone 5.10.4.3 Traffic Noise Sensitivity addition of Restricted Discretionary Activity Matters









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61a 5.10

Township Zone 5.10.4.3 Restricted Discretionary Activities Outdoor Living Area






61b 5.10 Township Zone 5.10.4.3 Restricted Discretionary Activity Matters Density

Amend 5.10.4.3; Restricted Discretionary Activities; RD1 by including a new (8) as follows: (8) Density for dwellings/house hold units

a) The degree to which the design of the development allows for a smaller net site area per dwelling while still meeting the required standards relating to privacy, outdoor living, sunlight, parking and other residential amenity needs.


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b) Whether there is sufficient permanent open space adjoining the site (excluding streets and accessways) to reduce the impact of the higher density on the surrounding residential environment.

c) Whether the housing development is designed to meet the needs of specific residents not requiring the specified net site area due to smaller units, or parking or other factors, and the development is unlikely to convert to a residential form of living that would require greater net site areas.

61c

5.10 Township Zone 5.10.5 Zone Development Standards

Amend 5.10.5; Zone Development Standards; Development Standard – Outdoor Living Area (in both the Permitted and Controlled and the Restricted Discretionary columns of the table), as follows: Minimum Dimension: 3 metres in all directions Minimum Shape: Can contain an 8.0 metre diameter circle.

Plan Change 1 (Operative 16 September 2019) amended the definition of “Outdoor Living Area” by introducing a “minimum dimension in all directions” standard. The location of this minimum dimension in the definition, and retention of what is really a useable shape factor requirement in the Zone Development Standards table – also labelled “Minimum Dimension” is causing confusion. The proposed amendment seeks to clarify the rule by setting out the “area”, “dimension” and “shape” requirements in one place and relabelling the shape requirement to more accurately reflect what it is. Including the minimum dimension in the definition also contradicts the outdoor living court rule set out in the Zone Development Standards table (5.11.5) for the Town Centre Zone.

62 Town Centre Zone 5.11.4.1 Permitted Activities; P2 & P7

Amend 5.11.4.1 P2 and P7 (Permitted Activities) as follows: P2 RESIDENTIAL ACTIVITIES LOCATED ABOVE GROUND

FLOOR LEVEL (INCLUDING A PEDESTRIAN ENTRY LOBBY LOCATED AT GROUND FLOOR LEVEL) EXCEPT WHERE SPECIFICALLY LISTED AS A CONTROLLED,

In some circumstances the activities listed in P2 and P7 have another activity status (in the same way as those listed in P1). To make this clear to users of the District Plan this needs to be spelt out for P2 and P7 in the same way it already is for P1.

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RESTRICTED DISCRETIONARY, DISCRETIONARY, NON COMPLYING OR PROHIBITED ACTIVITY.

P7 EMERGENCY SERVICES AND TRAINING FACILITIES

EXCEPT WHERE SPECIFICALLY LISTED AS A CONTROLLED, RESTRICTED DISCRETIONARY, DISCRETIONARY, NON COMPLYING OR PROHIBITED ACTIVITY.

63 5.11

Town Centre Zone 5.11.4.4 Discretionary Activities; D4 provision for “repairs and valet”

Amend 5.11.4.4 D4 (Discretionary Activities) as follows: D4 CAR, CARAVAN AND BOAT SALES/SERVICE/REPAIRS

AND VALET

Clarification is needed that the servicing, repair and/or valet of vehicles associated with the sale of those vehicles (cars, caravans and boats), are a Permitted Activity in the Town Centre Zone. These activities fall within the definition of “Service Industrial Activities” which in turn falls within the definition of “Business Activity” – which is a Permitted Activity in the Town Centre Zone.

63a 5.11 Town Centre Zone 5.11.4.4 Discretionary Activities; D5 provision for “repairs”

Amend 5.11.4.4 D5 (Discretionary Activities) as follows: D5 FARM MACHINERY SALES AND REPAIR

Clarification is needed that the servicing and repair of farm machinery associated with the sale of that machinery, are a Permitted Activity in the Town Centre Zone. These activities fall within the definition of “Service Industrial Activities” which in turn falls within the definition of “Business Activity” – which is a Permitted Activity in the Town Centre Zone.

64 5.11 Town Centre Zone

Amend the Permitted and Controlled and Restricted Discretionary parameters for the Zone Development Standard for Pedestrian Frontage as follows:

The pedestrian frontage rule relating to the percentage of clear glass windows on front facades of buildings needs to be re-written as a complying building can be built and then subsequently be modified to avoid the rule, and defeating its

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5.11.5 Zone Development Standards – Pedestrian Frontage

Permitted and Controlled On a site which adjoins a Pedestrian Frontage Street identified on the Planning Maps: (a) the activity shall be undertaken in a building (except

where the a building is already existing at [insert date when PC4 becomes operative]) that: …

(b) the activity undertaken in a building existing at [insert date when PC4 becomes operative]: (i) Shall not reduce the percentage of clear glass,

in the Façade of the ground floor wall facing the street, capable of being used for the display of goods and services to passing pedestrians to:

Less than existing (if already less than 75%) or Less than 75% (if more than 75%).

Restricted Discretionary On a site which adjoins a Pedestrian Frontage Street identified on the Planning Maps: (a) the activity shall be undertaken in a building (except

where the a building is already existing at [insert date when PC4 becomes operative]) that: …

(b) the activity undertaken in a building existing at

[insert date when PC4 becomes operative]: (i) Shall not reduce the percentage of clear glass,

in the façade of the ground floor wall facing

purpose – to maintain pedestrian ambience through open and interesting building facades.

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the street, capable of being used for the display of goods and services to passing pedestrians to:

Less than existing (if already less than 50%) or

Less than 50% (if more than 50%).

65 5.12 Industrial Zone 5.12.4.2 Controlled Activity; C3

Amend 5.12.4.2 C3 as follows: C3 SERVICE INDUSTRIAL ACTIVITY ON LOT 2 DPS

8429884289 (OPUKEKO ROAD, PAEROA)

The legal description for the land is incorrect and needs to be amended.

66 5.12 Industrial Zone 5.12.6(1)(a) Activity Specific Standards; Land Subject to Inundation as Identified on the Planning Maps and 5.12.4.3 RD2 (2)

Amend 5.12.6(1)(a) as follows: No more than 45% of the area within the site that is subject to inundation as identified on the planning maps shall be covered by buildings and/or covered in an impermeable surface or vegetation (other than grass or similar), or otherwise made unavailable to inundation (eg. by bunding or solid fencing), or be subject to exploration, excavation and filling. As a consequential change, amend 5.12.4.3, RD2 (2) as follows: (2) Earthworks/impermeable covering

(b) Whether the extension of the impermeable covering (building and/or hard surfaces) and access will have any consequential inundation effects on the remainder of the site and other sites also

5.12.6(1)(a) incorrectly implies that land covered by an impermeable surface reduces the ability of that land to be available for inundation purposes. This is not the case as land that is covered by an impermeable surface (e.g. concrete, asphalt, etc.) can still be available for ponding purposes – the water simply sits on top of the impermeable surface. As a consequential change resulting from the above, RD2 (2)(b), matters over which Council has restricted its discretion, will need to be amended to delete reference to impermeable surfaces/ covering.

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subject to potential inundation and any other adjacent sites.


67 5.13 Paeroa Flood Ponding Zone Permitted Activities; P3

Amend 5.13.4.1, Permitted Activities by adding: P3 TEMPORARY USES AND BUILDINGS (MEETING PART

(d) OF THE DEFINITION.


68 5.17 Martha Mineral Zone 5.17.4.1 Permitted Activities; P7

Amend 5.17.4.1, Permitted Activities P7 as follows: P7 TEMPORARY USES AND BUILDINGS MEETING PART

(a) AND (c) OF THE DEFINITION

The definition of Temporary Uses and Buildings contains three components, (a)-(c). It was an oversight to restrict P7 to only temporary uses and buildings meeting part (a) of the definition. Within the Martha Mineral Zone it would also make sense for temporary uses and buildings meeting part (c) of the definition to be permitted activities (i.e. “Drilling to determine ground conditions (geotechnical investigations) and/or to undertake ground water monitoring.”) as is the case in every other Zone where temporary activities are a permitted activity. The effect of not making this change is that temporary uses and buildings consistent with part (c) of the definition would continue to be non-complying activities, which is somewhat of a nonsense in the Martha Mineral Zone.

69 5.17 Martha Mineral Zone 5.17.4.1 Permitted Activities; P8

Amend 5.17.4.1, Permitted Activities by adding: P8 TEMPORARY USES AND BUILDINGS (MEETING PARTS

(b) AND (d) OF THE DEFINITION ...


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70 5.18 Golden Cross Mineral Zone 5.18.4.1 Permitted Activities; P3

Amend 5.18.4.1, Permitted Activities by amending P3 by adding: 6 TEMPORARY USES AND BUILDINGS MEETING PART

(d) OF THE DEFINITION.


71 6.1 Historic Heritage 6.1.5.8(1)(a) Activity Specific Standards

Amend 6.1.5.8(1)(a) as follows: “… with the following information (refer also to 6.1.1(2)(gf):”

The cross reference is incorrect and should be amended.

72 6.1 Historic Heritage 6.1.6.4 Schedule of Historic Heritage Inventory and/or Maps HAU061; Map F2

Amend 6.1.6.4 Schedule of Historic Heritage Inventory – Category C Heritage Items by deleting item HAU061, former Patetonga School and associated information in that row of the Schedule. Amend Planning Map F2 to remove Heritage Item Symbol and HAU number from former school site (as shown on Map 1 on Attachment 4).

All of the former Patetonga School Buildings have been demolished. The listing should therefore be deleted and the heritage symbol and number removed from the Planning Map.

73 6.1. Historic Heritage 6.1.6.3

Amend 6.1.6.3 – Schedule of Historic Heritage Inventory – Category B Heritage Features as follows: HAU 074 K4 Grand Junction Battery, and Powerhouse,

and original site of Refinery Building, Waihi

The Grand Junction Refinery Building has been relocated. It is appropriate that the District Plan Schedule listing and District Plan Maps show the original and current locations.

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Schedule of Historic Heritage Inventory and/or Maps HAU074; Maps K1 and K4

HAU 074A K1 Grand Junction Refinery Building (current site), Waihi

Amend Planning Map K1 by adding number 074A to current location of the Refinery Building (as shown in Map 2 in Attachment 4).

74 6.1 Historic Heritage 6.1.6.4 Schedule of Historic Heritage Inventory and/or Maps HAU423; Map K3

Amend 6.1.6.4 Schedule of Historic Heritage Inventory – Category C Heritage Items by deleting item HAU423, Skate Bowl, Waihi and associated information in that row of the Schedule. Amend Planning Map K3 to remove Heritage Item symbol and HAU number from Victoria Park (as shown on Map 3 on Attachment 4).

The Skate Bowl has been demolished. The listing should therefore be deleted and the heritage symbol and number removed from the Planning Map.

75 6.1 Historic Heritage 6.1.6.7 Schedule of Historic Heritage Inventory – Areas of Significance to Maori HAU332; Map 31

Amend 6.1.6.7 Schedule of Historic Heritage Inventory – Areas of Significance to Maori by adding a new listing: Map 31; HAU332; Pa Site; Ngati Koi Domain (Black Hill); Focal Area; Cultural; Waihi Amend Planning Map 31 to add “Area of Significance to Maori” notation to those parts of the Ngati Koi Domain (Black Hill) shown on Map 4 in Attachment 4. Add 332 adjacent to “Area of Significance to Maori” notation. As shown on Map 4 in Attachment 4.

The Council has received a request that the Ngati Koi Domain (Black Hill) be listed in the District Plan as a Pa Site. Currently identified as an archaeological site.

78 6.2

Amend 6.2.6 Schedule of Significant Natural Areas as follows: a) T13P110; 30 Terrestrial; Protected; HDC Covenant –

81.638.524, 81.683.484, 81.638.902; Regional 15.58

a) The file number needs adding.

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Indigenous Biodiversity and Significant Natural Areas 6.2.6 Schedule of Significant Natural Areas TP13P110 T13P150 T13UP150 T13UP168 and T13P168

b) T13UP150; 17; Terrestrial; Unprotected; Regional 51.41

27.29 T13P150; 17; Terrestrial; Protected; HDC Covenant –

82.363.115, 82.363.006, 201.2019.*1131*; 16.37 40.49 Amend Planning Map 17 to show new boundary between

T13UP150 and T13P150, as shown on Map 5 in Attachment 4.

c) T13UP168; 25; Terrestrial; Unprotected; Regional; 123.46

122.79 T13P168; 25; Terrestrial; Protected; HDC Covenant -81.706.891, 81.706.497; Regional; 0.87 1.54.

Amend Planning Map 25 to show new boundary between T13UP168 and T13P168 as shown on Map 9 in Attachment 4.

a) & d) Covenants were created under additional subdivisions. The file numbers for these need to be added to the schedule.

b) Additional areas of T13UP150 are now protected via a

HDC Covenant. The area, of protected and unprotected SNA, needs adjusting and the new boundary between these two areas needs to be shown on the Planning Map, and the file numbers need to be added to the schedule.

c) Additional area of T13P168 is protected via a HDC covenant. The area of protected and unprotected SNA needs adjusting and the new boundary between the two areas needs to be shown on the Planning Map, and the file number needs to be added to the schedule.

79 6.2 Indigenous Biodiversity and Significant Natural Areas 6.2.6 Indigenous Biodiversity and Significant Natural Areas T13UP147; Map 17

Amend 6.2.6 Schedule of Significant Natural Areas as follows: T13UP147; 17; Terrestrial; Unprotected; Regional 67.16 67.33 Amend Planning Map 17 by amending the extent of SNA T13UP147 (area north of Strange Road) as shown on Map 6 in Attachment 4.

The Council has received a request to modify the boundary of SNA T13UP147 to include a further area of marginal pasture. This area is steep and prone to erosion if grazed and is to be planted out in native trees over time.

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80 6.4 Recognition and Protection of Significant Trees 6.4.6 Schedule of Significant Trees

Amend 6.4.6 Schedule of Significant Trees, by adding: TR134; 23; One Poplar tree (He Rakau Pitopito); SH 26, Komata; Cultural. Amend Planning Map 23 by adding the ‘single’ tree symbol and the TR (Tree) number 134, as shown on Map 7 Attachment 4.

The Council has been requested to add this tree – He Rakau Pitopito to the Schedule of Significant Trees due to its cultural significance.

81 6.4 Recognition and Protection of Significant Trees 6.4.6 Schedule of Significant Trees

Amend 6.4.6 Schedule of Significant Trees, by adding: TR135; B; Two Oak trees; Turua Domain; Quercus palustrus; Visual Amenity/Historical/Cultural. Amend Planning Map B by adding: The ‘multiple’ tree symbol and the TR (Tree) number 135, as shown on Map 8 in Attachment 4.

The Council has been requested to add these two oak trees to the Schedule of Significant Trees due to their Visual Amenity and Historical significance. The trees were planted in May 1953 to celebrate the coronation of Queen Elizabeth II.

82 6.4 Recognition and Protection of Significant Trees 6.4.6 Schedule of Significant Trees; TR043

Amend 6.4.6 Schedule of Significant Trees, by deleting item: TR043 – One Liquidambar Tree (and associated information in that row of the schedule) Amend Planning Maps K5 and K7 to delete the significant tree symbol and TRO number from the Waihi South Reserve (as shown on Map 10 in Attachment 4).

This tree has been removed under Permitted Activity Rule 6.4.5.1(1)(e): (e) Removal or destruction (partial or total) of any tree

listed in the Schedule of Significant Trees for emergency purposes to:

(i) safeguard human life or habitable buildings from immediate danger (as confirmed by a qualified arborist); or

The listing should therefore be deleted and the tree symbol and number removed from the Planning Maps.

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83 6.4 Recognition and Protection of Significant Trees 6.4.6 Schedule of Significant Trees; TR034, TR035, TR037, TR053, TR072

Amend 6.4.6 Schedule of Significant Trees, by deleting items: TR034 – One Magnolia Tree TR035 – One Rhododendron Tree TR037 – Grouping of Native and Exotic Trees TR053 – One London Plane Tree TR072 – One Kauri Tree (and associated information in those rows of the schedule) Amend Planning Map K4 to delete Significant Tree symbols and TR0 numbers from Morgan Park (as shown on Map 11 in Attachment 4).

These trees have all been, or are to be, removed pursuant to the resource consent granted for the redevelopment of Morgan Park, Waihi in 2015 (RC 2014/273). The listings should therefore be deleted and the tree symbols and numbers removed from the Planning Maps.

84 6.4 Recognition and Protection of Significant Trees 6.4.6 Schedule of Significant Trees; TR097 Paeroa Domain

Amend 6.4.6 Schedule of Significant Trees, by deleting from Item TR097: - one evergreen magnolia (Magnolia grandiflora) - one tulip tree (Liriodendron tulipifera) - one beech tree Amend 6.4.7 ‘Appendix 1: Significant Trees – Paeroa Domain’ by removing tree numbers 4, 5, 11, 67 and 75 from column one and removing the tree symbols and tree numbers 4, 5, 11, 67, 75 from the map, as shown in Attachment 5.

The trees have been removed on the basis that they had died or presented an imminent risk to human health, based on the report titled ‘The Paeroa Domain Tree Strategy 2016’ by John Wakeling, Consulting Arborist.

86 7.4 Provision for Network Utilities and Energy Generation 7.4.5.2(1) Provision for Telecommunication Facilities

Amend the first sentence and the ‘Note’ to refer to: “… the Resource Management (National Environmental Standards for Telecommunications Facilities) Regulations 200816 …

The National Environmental Standards for Telecommunications Facilities (NESTF) 2008 were replaced in 2016 and it is necessary to reference the updated version of the NESTF.

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87 7.4 Provision for Network Utilities and Energy Generation 7.4.9 Appendix 7.4 A – National Environmental Standards for Telecommunication Facilities

In section 7.4.9: ‘Appendix 7.4 A – National Environmental Standards for Telecommunication Facilities’, replace the attached ‘Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008’ with the 2016 version of the NESTF.

The 2008 version of NESTF was replaced in 2016 and it is necessary to replace the version attached to the Hauraki Section of the District Plan with the current version. Note: replacement of the NESTF does not need to go through a RMA Schedule 1 process.

88 7.5 Designations; C13

Amend the Underlying Zoning listed for Kaimanawa Maratoto Water Supply Catchment as follows: Rural & Conservation (Indigenous Forest)

None of the land that is designated as Kaimanawa Maratoto Water Supply Catchment Reserve has an underlying zoning of Rural (all is zoned Conservation (Indigenous Forest)). Listing needs correcting.

89 7.5 Designations; C16

Amend the Underlying Zoning for Waihi Water Supply Catchment Reserve as follows: Rural and Conservation (Indigenous Forest)

Some of the land that is designated as Waihi Water Supply Catchment Reserve has an underlying zoning of Rural (balance zoned Conservation (Indigenous Forest)). Listing needs correcting.

90

7.5 Designations 7.5.2.5

Amend the Schedule of Designations – Minister of Education (E) by inserting a footnote at the end of the Schedule attributable to the column “Specific Conditions/Lapse Period” that reads: The document numbers referenced are from the FRED document management system of Council.

The Council has moved to a different document management system. The numbers in the schedule relate to the previous system. It needs to be clear which system the document number relates to.

91 7.5 Designations

Amend the Schedule of Designations – Chorus (K) by inserting a footnote at the end of the Schedule attributable to the column “Specific Conditions/Lapse Period” that reads:


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7.5.2.10

The document numbers referenced are from the FRED document management system of Council.

92 7.5 Designations 7.5.2.13

Amend the Schedule of Designations – Telecom NZ Ltd (N) by inserting a footnote at the end of the Schedule attributable to the column “Specific Conditions/Lapse Period” that reads: The document numbers referenced are from the FRED document management system of Council.


93 7.7 Hazardous Substances and Contaminated Land

Delete those parts of Section 7.7 that relate to the storage and use of hazardous substances and retain those provisions (with amendments and additions) that deal with the disposal of hazardous substances and the transportation of that waste to the hazardous substances disposal facility. As a consequential amendment the ‘Landuse Planning Guide for Hazardous Facilities – A Resource for Local Authorities and Hazardous Facilities Operators’, Ministry for the Environment (February 2002) incorporated into the District Plan by reference, ceases to have effect.

Section 31(1)(b)(ii) of the RMA has been repealed (by the Resource Legislation Amendments Act 2017) and preventing or mitigating any adverse effects of the storage, use, disposal or transportation of hazardous substances are no longer explicit functions of territorial authorities. Consequential changes have also been made to the Hazardous Substances and New Organisms Act 1996 (HSNO) and the Health and Safety at Work Act 2015 (HSW). The intent of the change to RMA s.31(1)(b)(ii) is to remove the perception that councils must always place controls on hazardous substances under the RMA, and to ensure councils only place additional controls on hazardous substances if they are necessary to control effects under the RMA that are not covered by the HSNO or HSW legislation. Council’s Section 32 Report examines a number of options with regard to amendments to Section 7.7 and concludes that the use and storage of hazardous substances is best dealt with outside the District Plan. It is also concluded that it is appropriate to retain controls on the disposal of hazardous substances (in terms of land use, site, etc.) and the transportation of the hazardous substances/waste to the disposal site (refer to section 5.3.4 of PPC4).

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The proposed amendments to Section 7.7 are shown in Attachment 6.

94 7.8 Excavations and Placement of Fill (earthworks) 7.8.5.1(5) Permitted Activities; P9

Amend 7.8.5.1(5); Permitted Activities; P9(f) as follows: (f) earthworks shall not change the direction of the

natural run-off or drainage patterns in a way that causes more than minor adverse effects on or concentrate the natural flows onto land held in different ownership.

District Plan rules need to be certain (i.e. clear and objective) so that anybody reading them knows if their proposal falls within them or not. The earthwork rule inserted by Plan Change 1 (operative 16 September 2019) does not meet this requirement, and therefore needs amending.

95 7.8 Excavations and Placement of Fill (earthworks) 7.8.5.1(5) Permitted Activities; P9

Amend 7.8.5.1(5); Permitted Activities; P9 by adding (g) earthworks shall not change the post subdivision or

development runoff or drainage patterns in a way that prevents discharge of all stormwater/surface water to any discharge point provided for the site.

(h) if no discharge point has been provided earthworks

shall not change the direction of the post subdivision or development runoff or concentrate these flows onto land in different ownership.

Renumber existing clauses (g) and (h).

District Plan rules need to be certain (i.e. clear and objective) so that anybody reading them knows if their proposal falls within them or not. The Rule inserted by Plan Change 1 (operative 16 September 2019) does not cover changes made to natural runoff and drainage patterns by subdivision or development earthworks, and the inclusion of additional clauses (g) and (h) is proposed.

96 7.8 Excavations and Placement of Fill (earthworks) 7.8.5.1(5A) Permitted Activities; P9A

Amend 7.8.5.1(5A): Permitted Activities P9A(h) as follows: (h) earthworks shall not change the direction of the

natural run-off or drainage patterns in a way that causes more than minor adverse effects on or concentrate the natural flows onto land held in different ownership.

District Plan rules need to be certain ie clear and objective, so that anybody reading them knows if their proposal falls within them or not. The earthwork rule inserted by Plan Change 1 (operative 16 September 2019) does not meet this requirement, and therefore needs amending.

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97 7.8 Excavations and Placement of Fill (earthworks) 7.8.5.1(5A) Permitted Activities; P9A

Amend 7.8.5.1(5A): Permitted Activities P9A by adding: (i) earthworks shall not change the post subdivision or

development runoff or drainage patterns in a way that prevents discharge of all stormwater/surface water to any discharge point provided for the site.

(j) if no discharge point has been provided earthworks

shall not change the direction of the post subdivision or development runoff or concentrate these flows onto land in different ownership.

Renumber existing clauses (i) and (j).

District Plan rules need to be certain (i.e. clear and objective) so that anybody reading them knows if their proposal falls within them or not. The Rule inserted by Plan Change 1 (operative 16 September 2019) does not cover changes made to natural runoff and drainage patterns by subdivision or development earthworks, and the inclusion of additional clauses (i) and (j) is proposed.

98 8.2. Design and Location of Buildings 8.2.2 Floor Levels

Amend 8.2.2.3; Standards as follows: (1) Any new building or additions to existing buildings …

which are to be used for residential or communal non-residential purposes shall be …

(2) Any addition to an existing building which is to be used for residential or communal non-residential purposes shall …

Note: the change above is to remove the ‘italics’ on the words shown in bold so that they apply to all bedrooms of living accommodation rather than just to dwellings (as per the definition of ‘Residential Purposes’.)

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now. This change ensures that the floor level rule applies to minor dwelling units as well as other forms of residential accommodation.

99 8.2 Design and Location of Buildings 8.2.3

Amend 8.2.3.3 (Standards) (1) as follows: (c) No new dwellings or minor dwelling units are

permitted between the Primary and Secondary Development setback lines delineated on the planning map for Whiritoa.


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Erosion Protection Setback Lines (Whiritoa Beach)

(d) Additions to existing dwellings, and minor dwelling units, and accessory buildings, located between the Primary and Secondary…..

This change ensures that this rule applies to minor dwelling units as well as to dwellings.

100 8.2 Design and Location of Buildings 8.2.4 Sewage Plant Buffer Areas

Amend 8.2.4.3; Standard (1) as follows: (a) No buildings or activities for residential, community

or recreation purposes shall be sited or carried out within 150.0 meters of the edge of a sewage pond and sewage plant forming part of a public community sewage facility

Note: the change above is to remove the ‘italics’ on the words shown in bold so that they apply to all bedrooms of living accommodation rather than just to dwellings (as per the definition of ‘Residential Purposes’.)

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now. This change ensures that minor dwelling units (as well as dwellings) are the required distance from public community sewage facilities.

101 8.4 Vehicle Parking, Loading and Access 8.4.2 Number and Location of Loading/Drop Off Spaces

Amend 8.4.2.3(2)(c) as follows: (c) All Non Residential Activities (except Minor Dwelling

Units) in the Residential…….

Plan Change 1 (operative 16 September 2019) introduced the provision for “Minor Dwelling Units”. By definition “Minor Dwelling Units” are not “residential activities”. It is not necessary for minor dwelling units to have a loading space.

101a 8.4 Vehicle Parking, Loading and Access 8.4.3

Amend 8.4.3.3(1)(e)(i) (text in table), as follows: C Standard Vehicle Crossing for residential activities, in

the rural area, Reserve (Active) and Reserve (Passive) Zones and all activities on reserves zoned Reserve (Active) which are located in the rural part of the District.

The current standard does not include a rule for entrances for non-residential activities on reserves zoned Reserve (Active) and is confusing in relation to the entrance requirements for reserves zoned Reserve (Active) in general. The Reserve (Active) zone falls within the definition of ‘Urban Area’, however it is appropriate that a ‘rural’ type entrance be used where such zones are in the rural parts of the District, and

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Vehicle Access and Crossings 8.4.3.3 Standards

D Standard Commercial/Industrial Vehicle Crossing for non-residential activities, in the urban area, excluding those reserves zoned Reserve (Active) which are located in the rural part of the District.

E Standard Residential Vehicle Crossing for residential

activities, in the urban area and residential activities on reserves zoned Reserve (Active) Zones) which are located in the urban areas of the District.

an urban type entrance when they are located in the towns and townships.

102 8.4 Vehicle Parking, Loading and Access 8.4.7 Corner Splays 8.4.7.3 (Standards)

Amend 8.4.7.3; (Standards) (1) as follows: “Where land at an intersection is subject to subdivision, or where a new subdivision involves creating an intersection, corner splays to the dimensions set out in the table below shall be shown on the subdivision plan and shall be shown as "Road" to vest in the Council, or New Zealand Transport Agency, on the survey plan.”

In the case of subdivisions on the intersections of Council roads and state highways it is sometimes more appropriate for the splay to vest in the road controlling authority for the state highway.

103 8.5 Infrastructure and Services 8.5.2 Non-Domestic Effluent Disposal

Amend 8.5.2.3; Standards (1) (text in tables), as follows: Buffer Distance for Non-Domestic Effluent Treatment Systems and Disposal Areas (Excluding Pig Effluent Disposal) Any dwelling and any minor dwelling unit Buffer Distance for Non-Domestic Effluent Treatment Systems and Disposal Areas (for Pig Effluent Disposal)

(3) Any dwelling, any minor dwelling unit or community facility outside the zones referred to in (1) and (2) above…..

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now. This change ensures that non-domestic effluent disposal facilities are the required distance from minor dwelling units (as well as from dwellings).

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104 8.5.2 Infrastructure and Services Non-Domestic Effluent Disposal 8.5.2.3(1)(a)(iii)

Amend 8.5.2.3(1)(a)(iii) as follows: Any Dwelling and Any Minor Dwelling Unit Means any habitable dwelling, any Minor Dwelling Unit or any form of visitor accommodation which has been lawfully established (not including dwellings, minor dwelling units or visitor accommodation on the holding on which non-human waste and/or wastes of a scale greater than “domestic” are being discharged or disposed of).

Plan Change 1 (Operative 16 September 2019) introduced the provisions for “Minor Dwelling Units”. A number of consequential amendments were needed to other parts of the District Plan to properly implement these. This is one such consequential amendment that needed to be made to maintain consistency throughout the District Plan. It was not included in Plan Change 1 and therefore needs to be made now. This change ensures that the separation rules do not apply in relation to minor dwelling units on the same property as the disposal systems (to be consistent with the approach to dwellings).

105 8.5 Infrastructure and Services 8.5.6 Telecommunications and Power

Amend 8.5.6.3; Standards as follows: (1) In any zone, power shall be provided to the boundary

of each proposed additional allotment at the time of subdivision in accordance with: (a) The requirements … except that where only

one additional lot is being created proposed allotment requires a connection, installation is not required at the time of subdivision, where the supply provider has confirmed in writing that the connection is available at the standard fee;

In accordance with 9.1.3(4) Objective 4, installation of multiple power connections to serve a subdivision is most efficient and effective when undertaken by the subdivider – rather than multiple purchasers duplicating lines etc. The current rule recognises this, but is based on the parent lot already having a connection. Where this is not the case the subdivider should install a connection to all lots in the subdivision. This also makes the rule consistent with those for sewer, water and stormwater connections.

106 8.5 Infrastructure and Services 8.5.6 Telecommunications and Power

Amend 8.5.6.3 (Standards) as follows: (2) In any urban area telecommunications shall be

provided to the boundary of each proposed additional allotment at the time of subdivision in accordance with:

(a) The requirements … except that where only one additional lot is being created proposed allotment requires a connection, installation is

In accordance with 9.1.3(4) Objective 4, installation of multiple telecommunications connections to serve a subdivision is most efficient and effective when undertaken by the subdivider – rather than multiple purchasers duplicating lines etc. The current rule recognises this, but is based on the parent lot already having a connection. Where this is not the case the subdivider should install a connection to all lots in the subdivision.

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not required at the time of subdivision, where the supply provider has confirmed in writing that the connection is available at the standard fee.

This also makes the rule consistent with those for sewer, water and stormwater connections.

107 8.6 Appendices – Appendix 13 Class E Vehicle Entrance

Amend Appendix 13: Dimensions, Formation and Construction of Vehicle Crossing Points; Class D and E as follows: Class E: Standard Residential Vehicle Entrance for residential activities in the Urban Area (including on streets without kerb and channel) (excluding the Low Density Residential and Reserve (Active) Zones). Class D: Standard Commercial/Industrial Vehicle Entrance for non-residential activities in the Urban Area (including on streets without kerb and channel).

The Urban Area consists of land within the Residential, Low Density Residential, Township, Marae Development, Town Centre, Industrial and Reserve (Active) zones. In some cases there are streets that are currently without kerb and channel where it would be appropriate for standard residential vehicle entrances to be required at the time of development – to address access, safety and amenity considerations as required by the rule for vehicle entrances 8.4.3.3(1)(e). Additional words are required to ensure this is clearly understood.

108 9.3 Subdivision Rules Applicable in all Zones 9.3.2 Special Purpose Lots

Amend 9.3.2(1)(f) as follows: (f) specified activities (with minimum required area for

the specified activity) for which a resource consent has been granted and given effect to, or otherwise where, although such consent would currently be required, the use has been otherwise lawfully established (this does not apply to dwellings in the Rural, Coastal, or Karangahake Gorge Zone, or to Minor Dwelling Units in the Rural, Residential and Low Density Residential Zones).

The amendment is required to make it clear that Special Purpose Lots are not able to be created (via subdivision) to provide for Minor Dwelling Units where they are provided for in the Rural, Residential and Low Density Residential zones. The subdivision rule for minor dwelling units is Rule 9.2.2(2)(g).

109 Map 24 Esplanade Reserves

Update Map 24 to show esplanade reserve created since the District Plan became operative, as shown on Map 12 in Attachment 4. (Delete Proposed Esplanade notation and replace with Reserve (Passive) Zone).

An esplanade reserve has been created since the Hauraki section of the District Plan became operative. The map should be updated to reflect this.

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110 Map 12 Amend Map 12 by adding “Proposed Esplanade” notation to Whangamata 4A Block, as shown on Map 13 in Attachment 4.

Amend the map for land along the East Coast to show proposed esplanade reserves (to match the text).

111 Map 34 Rezone Part Section 34 Block IV Katikati SD from Rural to Conservation (Indigenous Forest) zone, as shown on Map 14 in Attachment 4. As a consequential amendment change SNA pattern from general to pattern for SNAs over Conservation zoned land.

The land is DOC administered land, but zoned Rural. All DOC administered land in Hauraki District (Hauraki Area) is zoned Conservation – either Wetland or Indigenous Forest, unless used for a specific purpose for which another zone is more appropriate. Part Section 34 is in the Rural Area and is adjacent to other DOC administered land zoned Conservation (Indigenous Forest) and is largely covered in indigenous vegetation.

112 Map 34 Rezone Part Section 34 SO 45515 from Rural to Reserve (Passive) zone, as shown on Map 14 in Attachment 4.

Part Section 34 SO 45515 consists of two strips of land (reserved from sale) along a stream. Rezoning these two strips Reserve (Passive) makes their zoning consistent with that already applied to other similar strips throughout the Hauraki section of the District Plan.

113 Maps G3, G5 & G7 Rezone Section 1 SO 55835, Queen Street, Paeroa from Rural to Town Centre zone, as shown on Map 15 in Attachment 4.

The section is designated for Soil Conservation and River Control with an underlying zoning of Rural. There is a building on the site that was occupied by Valley Brake Centre. Given its location, and the building on it, an underlying zoning of Town Centre is appropriate.

114 Maps 12 & 19 Amend Maps 12 and 19 to show Proposed Esplanade notation along actual course of the Waiharakeke Stream, as shown on Map 16 in Attachment 4.

Proposed esplanade reserve is not shown along the actual route of the stream.

115 Maps 17, 18, 23, 24, 25, 29 & 30

Amend Maps 17, 18, 23, 24, 25, 29 and 30 by removing Water Supply Catchment boundary line notations and catchment name labels, as shown on Maps 17, 18 and 19 in Attachment 4.

None of these catchments are now being used as a source of public water supply.

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116 Maps G6 & G7 Amend Maps G6 and G7 by rezoning Lot 6 DP19807, corner of Princes Street and Arney Street, Paeroa from Rural to Town Centre, as shown on Map 20 in Attachment 4.

This section is designated for Soil Conservation and River Control, with an underlying zoning of Rural. It is formed as a public carpark for use in conjunction with Town Centre activities. Given its location, and the public carpark on it, an underlying zoning of Town Centre is appropriate.

117 Map D Amend Map D by removing “unformed road” notation from

eastern section of Pah Road, and removing road name label, as shown on Map 21 in Attachment 4.

“Pah Road” is not a public road – the ‘unformed road’ notation is therefore not applicable and the road name label should be removed to reduce confusion about status of this strip of land.

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appendix 1 proposed plan change (ppc4) · road or a great walks track, using 1 or more of the...

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