in the matter between limited council (env-2015-akl … · mamaku tors outstanding natural features...

BEFORE THE ENVIRONMENT COURT

Hearing at:

Decision No. [2016] NZEnvC d j

IN THE MATTER of appeals under Clause 14 ofthe First

Schedule to the Resource Management

Act 1991 (the Act)

BETWEEN

AND

KAINGAROA TIMBERLANDS LIMITED

(ENV -20 14-AKL-000226)

HANCOCK FOREST MANAGEMENT (NZ) LIMITED

(ENV-2015-AKL-000003)

BAY OF PLENTY REGIONAL COUNCIL

(ENV-2015-AKL-00000 9)

FEDERATED FARMERS OF NEW ZEALAND

(ENV-2015-AKL-000016)

PETER DAVIES

(ENV-2015-AKL-000017)

Appellants

ROTORUA DISTRICT COUNCIL

Respondent

Maori Land Court, Rotorua

Environment Judge J A Smith

ofDecision: 22 February 2016

C039

2

ORAL DETERMINATION OF THE ENVIRONMENT COURT

A. The appeals are allowed in part in accordance with Annexure A and

Annexure B to this Determination.

B. The appeals are otherwise dismissed.

REASONS

Introduction

[1] These appeals relate to the proposed Rotorua District Plan. This

detetmination (consent order 3 9) resolves these appeals as they relate to the ONFL

and SNA topics.

[2] The following parties gave notice of an intention to become parties to these

appeals and signed the consent memorandum setting out the relief sought:

[a] Bay of Plenty Regional Council

[b] Federated Farmers of New Zealand

[ c] Peter Davies

[d] Waikato Regional Council

[e] Hera Naera

[ f] Henderson Quarries

[g] New Zealand Maori Atis and Crafts Institute

[h] Mighty River Power

C039

3

[i] Gisele Schweizer

Discussion

[3] The Court notes that these appeals are related not only to the questions of

ONFL but also Significant Natural Areas and the controls that might apply,

particularly in the Rural area, in relation to various types of works.

[ 4] Federated Farmers and others supported the position of more liberal

provisions, and the pa1iies had extensive negotiations to attempt to resolve the matter.

Issues relating to clearance of indigenous vegetation for earthworks or re-countouring

were discussed, and altered positions are included within the provisions annexed

hereto marked A and B.

[5] There were a number of Rules and Policies which have been altered. The

end result has been slightly more liberal provisions, but clearly ones that all of the

parties, who were extensive, including the Bay of Plenty and Waikato Regional

Councils, were involved within.

[ 6] Some matters have resolved on a site specific basis, such as Henderson

Quarries. One matter has yet to resolve -that is Te Puia- that is a matter that is

generally reserved. The parties have reached agreement in principle, but it is still the

subject of re-drafting of the provisions necessary. Whether or not this will lead to a

further alteration of the ONFL provisions is at this stage unclear. Nevertheless

Ms Burkhardt, for the interests in Te Puia, wishes to ensure that, in the event that

there is some further change, that can be accommodated within the provisions relating

to ONFLs. That is not opposed by the Council, and it appears to me a sensible way

forward as it would be site specific only to the Te Puia properties. Therefore, subject

to further amendment which may be necessary to accommodate the Te Puia site

specific issues, the Court sees these provisions as generally within the scope of the

appeals filed and within the range of outcomes that pa1iies might reasonably reach in

negotiations.

[7] I am pa1iicularly minded to follow the parties' outcome in this case because

of the widespread and diversified range of interests that were represented in those

Overall the changes are relatively minor, but do provide for some

of the provisions as they were drafted as a result of the hearings process.

C039

4

Determination

A. Accordingly I confirm the provisions as annexed hereto marked A and

B.

B. The appeals are resolved as they relate to the ONFL and SNA topics

and are otherwise dismissed.

C. There is no order for costs.

SIGNED at AUCKLAND this day of February 2016

C039

ANNEXURE A

(Underline (for additions) and strikethrough (for deletions))

Amend the Proposed Rotorua District Plan as follows:

PART 2: SECTION 6 MATTERS

2.2 KEY ENVIRONMENTAL ISSUES

2.2.4

2.3

Policy

2.3·4·2

Significant Indigenous Vegetation (Significant Natural Areas) and Habitat

The district has a wide range of indigenous biodiversity, some of which is

unique to Rotorua. Section 6 of the RMA requires protection of significant

indigenous vegetation and habitat. Areas of significant indigenous

vegetation, habitat and associated ecosystem viability have been reduced

due to clearing of forests, draining of wetlands, clearing of geothermal

areas, and modification of ecosystems

The majority of significant indigenous vegetation and habitats is located on

public land administered by the Department of Conservation. However

there are also areas identified as unprotected significant natural areas

(SNAs) that occur on privately ovmed land, requiring land ovmers to play a

vital role in the maintenance and enhancement ofthese features.

The management of Significant Geothermal Features is addressed

separately (see section 2.2.5) and does not form part of the management

regime (including the various objectives, policies and methods) relating to

s5_ignificant RNatural a[1reas.

OBJECTIVES AND POLICIES

Enable the reasonable use and appropriate development of existing freehold land located within the identified boundaries of Mount Ngongotaha, Rainbow Mountain, HoroHoro Bluffs, Lake Rotoiti, Lake Rotoehu and Lake Rotoma and within the Mamaku Tors Outstanding Natural Features or Landscapes where these:

• Do not result in significant earthworks or indigenous vegetation removal that detract from the associated values and characteristics that deem the site to be outstanding I

• Do not result in physical alteration of a Mamaku Tor ,,II

feature identified on map 215.

__ _ _ ...... ~ .. _ _Qo. rl9t}~s~)_! .• i!:l_.~!~~-l.~-~~O.:'~I ?f_i~~i_g_e~n~us_~!:9~~!i~~~J

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

cover on a Mamaku Tor feature identified on planning map ns- as being vegetated or partially vegetated .

• Continue an existing lawfully established use of land where the effects of such land use and development remain the same or similar in character, intensity and scale and do not detract from the values and characteristics that deem a site to be outstanding

• maintain the operation of lawfully established infrastructure and utilities

• maintain or enhance indigenous biodiversity or values of the Outstanding Natural Feature or Landscape

• are necessary to avoid loss of life, injury or serious damage to property

Significant Indigenous Vegetation (Significant Natural Areas) and Habitats

Policy 2.3-5-~ Avoid, in preference to remedy~ or mitigate mitigating the adverse effects of subdivision, use and development in areas of significant indigenous vegetation or habitat where eAe--er

more of the criteria in Section uA of the proposed Waikato Regional Policy Statement afiEi or Appendix 4E of the Bay of Plenty Regional Policy Statement are triggered by ensuring that:

• The clearance of indigenous vegetation or ground disturbance for any activity does not reduce the ecological sustainability or values and characteristics of the Significant Natural Area; and

• Any loss of indigenous vegetation or habitat that cannot be avoided is remedied or mitigated to achieve no net loss of biodiversity

• The health and functioning of Significant Natural Area is maintained through building and development setbacks where appropriate

• Activities that enhance or restore buffers around s.S.ignificant RNatural a~.reas and ecological connections and corridors between Significant Natural Areas are encouraged

• The introduction of pests or weeds is avoided

• All practical options for locating the activity outside of the s.S.ignificant RNatural a.6.reas have been considered

• The Maori, historical and community association with the Significant Natural Area is maintained.

RULES AND ASSESSMENT CRITERIA

RDC-592032- C0.39

PART

The rules relating to Section 6 matters are located within each part of the plan with the performance standards and assessment criteria located within Appendix g.

3, IWI CULTURAL AND HISTORIC HERITAGE AND ECONOMIC RESOURCES

3.6 PERFORMANCE STANDARDS

3.7

Permitted and controlled activities shall comply with the following

performance standards and also those of the zone that the subject site is

located within. Activities relating to Section 6 matters listed in Appendix 1

and 2 shall comply with the performance standards within Appendix g.

CONTROLLED ASSESSMENT

ACTIVITIES: METHOD OF

Controlled activities are identified in Table 3·5 above and shall comply with

the performance standards in the zone. The Council must grant consent

but may impose conditions in relation to matters over which it has reserved

its control. The matters over which council reserves its control are stated in

this section. For activities relating to section 6 matters listed in Appendix 1

and 2, the matters of control below shall be read in conjunction with the

provisions in Appendix g.

3.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT

Activities arey--is- expected to meet the performance standards of the zone,

however in instances where one or more performance standards are not

met, Council will limit its discretion to the extent to which the activity will

avoid, remedy or mitigate the effects of the non-compliance in achieving

the purpose of the relevant performance standard and the objectives and

policies relevant to the matter of discretion.

For activities relating to section 6 matters listed in Appendix 1 and 2, the

assessment criteria below shall be read in conjunction with the provisions

in Appendix g.

DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

Council may grant or decline an application for a discretionary activity and

may impose conditions .

In assessing the proposal, Council can consider all relevant objectives and

policies within the District Plan, all potential environmental effects, and

any matters outlined in the Act without limitation as part of the decision

making. Conditions may be imposed in relation to any of these matters.

Whilst not limiting the exercise of its discretion, Council may also consider

the particular matters below for the activities listed as Discretionary in the

activity table.



in Appendix g.

4.1 KEY ENVIRONMENTAL ISSUES

4.2.1

There are two key issues influencing the policy framework in the residential

zones:

Activities 1n a Residential Zone

A high level of amenity is anticipated in residential areas where an

environment is provided that is primarily residential in character, peaceful

and safe. Traffic generated is generally low and of light vehicles. Non

residential uses have the potential to have an adverse effect on that

amenity by introducing noise, traffic, fumes and odours, or light glare, for

example.

The cumulative effect of new building, whether infill housing, or

ancillary accessory garages and sleep-outs can also alter the

character of residential areas by increasing density and reducing the

proportion of open space available for landscaping. Building within

yards reduces space around buildings and can have an adverse effect

on outlook and privacy. Building within, and enclosure of, the front

yard has an effect on the street scene and is a significant influence

on the character of the area. Examples of such effects can be seen in

the existing residential areas . In some cases the cumulative effect of

several changes from residential to office use has altered the

character of the area, or a cluster of garages in the front yards has

reduced the sense of openness within a streetscape.

RDC-592032- C0.39

Table 4.5 Activities in the Residential 1- 5 Zones ~~- ···-·- ··- -- -·~---

. Rules Zones

RD1 RD2 RD3 · RD4 RD5 1-~--==-==~---~-~~-·~-.-~-=---~-~~~-==o~--~=---=--=~~-~=--·--~=-~~-·~=~~.~·-~~=-~j

'

Significant Natural Areas

Disturbance, removal, / P restoration, re-vegetation or enhancement of indigenous vegetation ef within s.S.ignificant R.!iatural a6reas in accordance with the standards in Appendix g.

74· Disturbance Removal of NC indigenous vegetation Bf

grazing of livestock within a Significant Natural Area other than that provided for under Rule 4-5-6~

~.

Outstanding Natural Features and Landscapes

8o. Replacement, maintenance P and upgrades of existing lawfully established buildings and ancillary

1 accessory buildings located within private freehold lots within Mount Ng6ng6taha and Whakarewarewa Outstanding Natural features and Landscapes in accordance with Appendix

9,.

Boa Maintenance and Q.

replacement of existing lawfully established buildings, or lake structures within an identified Outstanding Natural Feature or Landscape not in accordance with Appendix 9

p

NC

NA


TLB-222361-17-3-V1 :bb

p p p

NC NC NC

NA NA NA

RDC-592032- C0.39

..-

Permitted and Controlled Activities undertaken Within the Residential

Zones shall comply with all of the following Performance Standards.

Activities relating to Section 6 matters listed in Appendix ~ and 2 shall

comply with the performance standards within Appendix g.

4.7 CONTROLLED ACTIVITIES: METHODS OF ASSESSMENT

Controlled activities are identified in Table 4·5 above and shall comply with




this section.

For activities relating to section 6 matters listed in Appendix ~ and 2. the

matters of control below shall be read in conjunction with the provisions in

Appendix g.

4.8 RESTRICTED DISCRETIONARY ACTIVITIES:

4.9

METHOD OF ASSESSMENT I

Activities arey-is expected to meet the performance standards of the zone,





policies relevant to the matter of discretion .

For activities relating to section 6 matters listed in Appendix ~and 2. the


in Appendix g.

DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT Council may grant or decline an application for a discretionary activity and

may impose conditions.


policies within the district plan, all potential environmental effects, and any

matters outlined in the Act without limitation as part of the decision




activity table.

TLB-222361-17-3-V1 :bb RDC-592032 - C0.39

For activities relating to section 6 matters listed in Appendix 1 and 2. the


in Appendix g.

PART 5: CITY CENTRE

Table 5.5.2: Activities in the City Centre 3 Zone

Zone

Special Land Features

8. Disturbance, removal, restoration, re-vegetation, P and enhancement of indigenous vegetation ef within 5.S.ignificant Rb!_atural aAreas in accordance with the standards in Appendixg

14. Disturbance Removal of indigenous vegetation within the boundaries of a 5.S.ignificant Rb!_atural aAreas other than that provided for under Rule 5-5-2.8 and 10.


Activities relating to Section 6 matters listed in Appendix 1 and 2 shall comply

with the performance standards within Appendix g.

5.7 CONTROLLED ACTIVITIES: METHOD OF ASSESSMENT

Controlled activities are identified in Tables 5.5.1 and 5.5.2 above and shall

comply with the performance standards for the zone. The council must grant

consent but may impose conditions in relation to matters over which it has

reserved its control. The matters over which council reserves its control are

stated in this section. For activities relating to section 6 matters listed in

Appendix 1 and 2, the matters of control below shall be read in conjunction with

the provisions in Appendix g.

TLB-222361-17 -3-V1 :bb RDC-592032- C0.39

5.8 RESTRICTED DISCRETIONARY ACTIVITIES:

METHOD OF ASSESSMENT

Activities arey--is e xpected to meet the performance standards for t~e zone,

however in instances where one or more performance standards are not met,

council will limit its discretion to the extent to which the activity will avoid,

remedy or mitigate the effects ofthe non-compliance on achieving the purpose

of the relevant performance standard and the objectives and policies relevant to

the matters of discretion.


assessment criteria below shall be read in conjunction with the provisions in

Appendix g.

5.9 DISCRETIONARY ACTIVITIES: METHOD OF

ASSESSMENT

Council may grant or decline an application for a discretionary activity and may

impose conditions.

In assessing the proposal, council can consider all relevant objectives and


matters outlined in the Act without limitation as part of the decision making.

Conditions may be imposed in relation to any of these matters.

Whilst not limiting the exercise of its discretion, Council may also consider the

particular matters below for the activities listed as discretionary in the activity

tables .


assessment criteria below shall be read in conjunction with the provisions in

Appendix g.

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

PART 6 COMMERCIAL

Rules i

Zones

i Community Facilities 1

--' <-=-==--=--~--=,1

p NC I I I

NCI NC Edu~atio~;~a:tiviti :T ... ~C ancillary accessory to onsite tourism I

I 37

NC

activities L_ ==~~=====~-

l__j


6.7

Permitted and Controlled Activities undertaken within the Commercial

zones shall comply with all of the following performance standards.



CONTROLLED ASSESSMENT


Controlled activities are identified in Table 6.5 above and shall comply with




this section. For activities relating to section 6 matters listed in Appendix~




Activities are expected to meet the performance standards for the zone,



avoid, remedy or mitigate the effects of the non-compliance on achieving


policies relevant to the matters of discretion:

For activities relating to section 6 matters listed in Appendix ~and 2, the


in Appendix 9·

TLB-222361-17 -3-V1 :bb RDC-592032- C0.39

6.8.2 Assessment Criteria for Specific Activities

5· Educational Facilities Ancillary Accessory to Onsite Tourism

Activities Service Stations, Drive Through Restaurants

6.9 DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT







Whilst not limiting the exercise of its discretion, Council may also consider the particular matters below for the activities listed as Discretionary in the activity table.

For activities relating to section 6 matters listed in Appendix 1. and 2, the


in Appendix g.

PART 7 INDUSTRIAL

r · 1

I Rules Zones I

. . --. --. 101 , IE i ID;---11

I : ,-~----"---- ~-~-~----.--.~---. ---- -------.-. ----~------·-----· - -1' 1 Significant Geothermal Features i

- - ... -- = __ l

68. Disturbance, or removal, p p ~ restoration, re-vegetation or enhancement of indigenous vegetation within a-ef s.S,ignificant Btlatural aAreas in accordance with the standards in Appendix 9 other than that provided for under rule

7·5·64

73· Disturbance Removal of indigenous NC NC NC vegetation or §ra2in§ of' livest:ociE within a Significant Natural Area other than that provided for under

Rule 7-5-'7&68

'i)l TLB-222361-17-3-V1:bb RDC-592032 - C0.39


Permitted and controlled activities undertaken within the industrial zones

. shall comply with all the following performance standards.;.. Activities

relating to Section 6 matters listed in Appendix~ and 2 shall comply with

the performance standards within Appendix g.

7.7 CONTROLLED ACTIVITIES: METHOD OF

ASSESSMENT

Controlled activities are identified in Table 7·5 and shall comply with the

performance standards of the zone. The Council must grant consent but

may impose conditions in relation to matters over which it has reserved its

control. The matters over which Council reserves its control are stated in

this section. For activities relating to section 6 matters listed in Appendix~




Activities arey-is expected to meet the performance standards of the zone/


met1 Council will limit its discretion to the extent to which the activity will

avoid1 remedy or mitigate the effects of the non-compliance in achieving



For activities relating to section 6 matters listed in Appendix~ and 2, the


in Appendix 9.


ASSESSMENT



In assessing the proposal1 Council may consider all relevant objectives and

policies within the district plan1 all potential environmental effects1 and any


making process. Conditions may be imposed in relation to any of these

matters. Whilst not limiting the exercise of its discretion1 Council may also

consider the particular matters below for the activities listed as

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

discretionary in the activity table.



in Appendix g.

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

PART 8 BUSINESS AND INNOVATION

8.1 INTRODUCTION

Zone

Scion Park

Code Description

Innovation Bh

The Scion Innovation Park consists of two precincts with Precinct A containing the nursery/ plant trial locations and ancillary accessory sheds and Precinct B covering the existing Te Papa Tipu Innovation Park/ and the main offices and laboratories.


Permitted and Controlled activities undertaken within the Business

Innovation zones shall comply with all of the following performance

standards-;-. Activities relating to Section 6 matters listed in Appendix 1 and

2 shall comply with the performance standards within Appendix g.

8.7 CONTROLLED ACTIVITIES: METHOD OF

ASSESSMENT

Controlled activities are identified in Table 8.5 above and shall comply with







8.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD

OF ASSESSMENT

Activities arey-ts expected to meet the performance standards for the zone/


met1 Council will limit its discretion to the extent to which the activity will

avoid1 remedy or mitigate the effects of the non-compliance on achieving


policies relevant to the matters of discretion.

TLB-222361-17-3-V1 :bb RDC-592032- C0.39



in Appendix g.


ASSESSMENT



In assessing the proposal, Council may consider all relevant objectives and



making process.

Conditions may be imposed in relation to any of these matters. Whilst not

limiting the exercise of its discretion, Council may also consider the

particular matters below for the activities listed as Discretionary in the

activity table.



in Appendix g.

PART 9: RURAL

9.3 OBJECTIVES AND POLICIES

Policy 9·3-~-5 Require the on-going management of retirement areas so that vegetation is established, well maintained, and pest plants and pest animals are controlled managed through conditions of resource consent.

Table 9.5: Activities in the Rural Zones

Zones I Rule~ 1-i RR RR2 RR3 I ~~=---~·~~ ~~~-- -~~ ~~~~--~-~-- "-=.J~~--- _.- -==--=~I I

1 I

\ i Significant Natural Areas I ~ ~~ ~~~~~~~~~~~~~~~~~~~~~=====~~~~===-~-=-~

•

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

Rules Zones i

_,,..-~~.o:~--=-=~-=-=~,.,;::;;-.;;;;-=""'--=:--=-·=-==-=~""..,."'-::..-;;;;.,-_.o;'."~==o.o·---~c:,~,-..:;':;:..:;o;;;;;...-==~---"'--.=o~=l

RR RR2. RR3 1 I

~~;o~~-~-Disturbance, removal, restoration, re-I Pl-~--;~T - P -~ j vegetation, enhancement Qi_indigenous I I I I i vegetation within Significant Natural Areas in 1

1

[' J I!

I accordance with the standards in Appendix 9 r L~~~J~~---~-~-~~~= i 1 75a. Water tanks not exceeding 25000 litres and 31 P NA NA [ ' metres in height, with naturally recessive 1 I . exterior colour, with associated pump and l_ll I

I pipe installation work, located within a

1 1

Significant Natura I Area in accordance with I__ . _\

he standards in Append~><_:___ =i~~-~=-~~~-"~---~~j Disturbance Removal of indigenous NC NC NC 1

egetation or grazing of livestociE within the 1

I boundaries of a Significant Natural Area other I

I than that provided for under Rule 9-5-70 _j r--.........,....,_- - o----o~~==o--,-_-_ ---...,._,~-~~,c:::c~=-:::--~----- -- -- -- -- ------- -.

[ Outstanding Natural Features and Landscapes

~~~· -·. ~~~·-·... .. . . ---~~~-~~~~-~~-=--~-~-~--~=-~~=~~---·-~~, I 78a Maintenance and replacement of existing I Q I Q I D 1 lawfully established buildings, or lake I I !

) structures within an identified Outstanding . I 1 Natural Feature or Landscape not in I I j accordance with Appendixg i t···--~---~-~-~.~---·---~~--~-~~-==o ... ~-------~---~-"~-~~-----------~==-!=--·-~=-~--:-~~=···t~~-~"'-j l 8~.b New farm tracks within an outstanding natural I r_ I NA ! NA i

I . I ' features or landscape that meet performance 1 [ i I standard A~o.2.~.2 1 I i 1

F===-----=====~~-===f'=--=-·=~' --~-J, l New farm tracks within an outstanding natural 1

1

i RD 1

NA I NA I features or landscape that do not meet : 1

performance standard A~o.2.~.2. 1 I I ~~~==~====~~~~~~==~====~====~====-~-~~=-~~~~~~~

Construction of new farm, forestry or walking RD I RD ! RD I tracks within an outstanding natural features I I

1

and landscapes, unless otherwise provided I / __1___~~-~~-===-~'

New buildings, structures and lake structures D I D I NA i I I, located within the boundary of an outstanding , ,

natural feature or landscape, unless otherwise 1

1 1

specified l__ __ j_

8~.c

82:

83.b New buildings accessory to agricultural I RD

11

1 RD

1

/ production activities within pastoral landscape 1

• 1

that forms part of an Outstanding Natural i 1

I Feature and Landscape that: / 1

II,_'· . II

a) Wh~~ visiple..from_ <l ro~d or other public L ~ L __ )+-

I I ]_. _____ _

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

I ·

Rules Zones

RR RR2 RR3 1

- . - - - -j;!lace does not extend above an'i I ridgeline and does not have a backdroj;! of a lake or sk't;

b} Does not exceed z.o metres in height;

c} Does not exceed 35osgm.

go . Buildings, ancillary accesso['i residential p p NA buildings and rural production activities located with in the MamakO outstanding natural landscape that do not physically alter a MamakO Tor

g1. Earthworks and recontouring of land NC NC NA associated with standard normal farm ing practices that result in the modification of a MamakO Tor feature .

92-.9. Removal of indigenous vegetation located on @ @

I NA

a MamakO Tor feature identified on planning NC NC I

maj;! 215 as being vegetated or j;!artiall'i vegetated

g2.b Removal of pest j;!lants on a MamakO Tor e. e. I e. feature

I 110 blisti:Jrsance and rRemoval of indigenous RD RD RD

vegetation on land identified on the Planning Maps as bio-vegetation areas.


Permitted or controlled activities undertaken within the rural zones shall

comply with all the following performance standards. Activities relating to

Section 6 matters listed in Aj;!pendix 1 and 2 shall compl'i with the

j;!erformance standards within Aj;!pendix g.

17. Prospecting, Exploration and Drilling

Prospecting, exploration and drilling activities shall comply with

the following standards:

a.

d. The maximum height for a drill rig and ancillary accessory

plant and machinery shall be 30 metres .

TLB-222361-17 -3-V1 :bb RDC-592032- C0.39

9.7

21. Removal of indigenous vegetation

Removal of indigenous vegetation shafl be subject to the following:

1. The vegetation can be removed for any of the following

purposes:

a) Normal domestic-scale trimming and maintenance;

b) The maintenance of walking tracks;

c) The collection of plant material by the Tangata

Whenua for maintaining traditional practices of rongoa

(medicinal purposes), raranga (weaving) and mahi

whakairo (carving);

d) The clearance and control- of pest plants (included in

the Bay of Plenty weed index or national pest plants

accord); and

e) Normal farming practices to maintain farm tracks,

fences, culverts and pasture, including from invasive

regrowth.

f) Incidental removal via the pastoral grazing activities in

an Outstanding Natural Feature and Landscape.

CONTROLLED

ASSESSMENT


Controlled activities are identified in Table 9-5 above and shall comply with








Activities arey-ts expected to meet the performance standards of the zone,








TLB-222361-17-3-V1 :bb RDC-592032 - C0.39

. '

in Appendix g.







making. Conditions may be imposed in relation to any of these matters .

Wh ilst not limiting the exercise of its discretion, Council may also consider


activity table.

For activities relating to section 6 matters listed in Appendix~ and 2, the


in Appendix g.

PART 10 RESERVES, COMMUNITY ASSETS AND WATER

Table 10.5 Activities in the Reserves, Community Assets and Water Zones

!--

I Rules Zones ~- ~~~

I RV1 RV2 RV3 W1 1-- ~ --~ - - =-- ----~--~-· ~= ~ ~~~~- ~- --~-~~:

j Significant Natural Areas l I

~ - ~- -·--

s~ . Disturbance, Feffisval, restoration, p p p p re-vegetation or enhancement of indigenous vegetation ef within s-.S,ignificant R.b!_atural a_8reas in accordance with the standards in Appendix 9

ss. Disturbance Reffisval of indigenous NC NC NC NC vegetation SF §Fa~iA§ sf' livestsEIE

I

I within the boundaries of a

__ j s-.S,ignificant R.b!_atural a_8reas other than that provided for in this table

TLB-222361-17-3-V1 :bb RDC-592032- C0.39

- -- --- - -------- ·------

Rules Zones

RV1 RV2 RV3 W1 -- ---c

Other Activities

74. r>: -~ ...! r£S.i::JIIUV RD NA NA RD ~ ~

indigenous vegetation on identified on the P Ianning Maps as bio-vegetation areas.

----

Outstanding Natural Features and Landscapes '~-----~---~-- "'""""--------

]6. Maintenance and upgrades of p p p NA existing lawfully established buildings and structures1

aAEillaptaccesso[¥ residential buildings located within freehold lots within the Mount Ng6ng6taha outstanding natural landscape


10.7

Permitted or controlled activities undertaken within the reserve and water

zones shall comply with all of the following performance standards.



CONTROLLED

ASSESSMENT


Controlled activities are identified in Table ~o.s above and shall comply

with the performance standards in the zone. The Council must grant




Appendix~ and 2. the matters of control below shall be read in conjunction

with the provisions in Appendix g.


Activities arey--is expected to meet the performance standards of the zone,



TLB-222361-17 -3-V1 : bb RDC-592032- C0.39



policies relevant to the matter of discretion .



in Appendix g.










activity table.



in Appendix g.

PART 12 FUTURE GROWTH

12.7 CONTROLLED ACTIVITIES: METHOD OF ASSESSMENT

Controlled activities are identified in Table 10.5 above and shall comply

with the performance standards in the zone. The Council must grant




Appendix 1 and 2. the matters of control below shall be read in conjunction

with the provisions in Appendix g.

DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT

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policies within the district plan, all potential environmental effects, and a.ny


making. Conditions may be imposed in relation to any ofthese matters.



activity table.



in Appendix g.

17.2 DEFINITIONS

Agricultural production activities

Disturbance vegetation

An agricultural or horticultural activity having as its primary purpose the production of goods for human or animal use and consumption and includes any livestock or crop using the in-situ soil, vegetation, water and air as the medium for production, and must include maintaining the ground cover. For the avoidance of doubt agricultural production activities includes:

• Packing sheds and ancillary accessory activities including the storage and initial processing of horticultural and agricultural products produced on site ...

of The disturbance, removal, clearance, destruction, cutting, crushing, desiccation~ ef-burning or grazing of exotic or indigenous vegetation with the exception of:

1. Normal domestic-scale trimming and maintenancei

2. The maintenance of walking and cycling tracksi

3. The collection of plant material for scientific purposesi

4· The collection of plant material by the Tangata Whenua for maintaining traditional practices of rongoa (medicinal purposes), raranga (weaving) and mahi whakairo (carving)i

s. The clearance and control of pest plants (included in the Bay of Plenty weed index or national pest plant accord)i and

6. Normal farming practices to maintain water supply, farm tracks, fences, culverts and pasture, including protect pasture from invasive regrowth.

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Term j Definition -- -- - -- -- -

Earthworks The disturbance of land surfaces by excavation or filling, but

excludes activities listed in a~~endix A1o .2 .1.10.

Mamaku Tor Volcanic ignimbrite '~lugs' that form distinct cone sha~ed hills feature that are geological features ty~ical of the landsca~e of the

Mamaku ~lateau. The Mamaku Tor features are identified on

~Ianning ma~ 215.

Mamaku Tor ONFL The Mamaku Tor is an outstanding natural feature and

landsca~e, com~rising of Mamaku Tor features within the

~astorallandsca~e.

Retirement Area An area of land that has been retired from grevious agricultural ~reduction activities and that has been secured for the ~ur~oses of conservation, recreation or ~ublic access as a ~ermanent land use change with a maintenance and management reQuirement through a covenant registered on the title or through a similarly binding legal mechanism

Telecommunication Free standing telecommunication installations, including towers, facilities masts, antennae, microwave dishes, telephone exchanges,

equipment shelters and buildings, cabinets, telephone boxes and a REi llaPy' accesso[i equipment.

APPENDIX 9: SECTION 6 MATTERS

A9.2

A9.2.3

I

PERFORMANCE STANDARDS

Distu rba nee,

Revegetation

Vegetation

Removal, Restoration and

or Enhancement of

within Significant

Indigenous

Geothermal

Features, or Significant Natural Areas

1.

2 .

3· Disturbance of tlndigenous vegetation ElearaA Ee or d isturbaAEe

within a Significant Natural Area shall be subject to the following :

a . The vegetation can be disturbed Eleared shall be for any of

the following purposes:

i. pedestrian or cycling usei or

ii. removal of trees that endanger human life, structures

or utilities or obstruct existing access to utilitiesi or

iii. conservation fencing to ex clude stock and/or pestsi or

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iv. gathering of plants in accordance with Maori custom

and valuesi or

v. access for any of the above purposes and for pest

management.

vi. The continuation of grazing in the rural zone where it

does not increase the scale and intensity as stated in

the report by an Agricultural consultant submitted to

Rotorua District Council within six months of the plan

being fully operative, provided that the grazing does

not cease for more than ~2 months.

b. The clearance of indigenous vegetation within a s.S.ignificant

RNatural a_6reas shall be:

i.

ii. an integral part of the maintenance of lawfully

established roads, tracks, earth dams or fence lines as

long as it is within the minimum of clearance that is

required (as long as the clearance is within 1 metre of

the fence line)i or

A9.2.6 New Buildings and Structures and Rural Farming

Activities located within the Mamaku Tor

Outstanding Natural Landscape

~- Indigenous vegetation shall not be removed from Mamaku Tor

features on planning map ns.

2. No earthworks including mining or quarrying shall be undertaken on

a Mamaku Tor feature as identified on planning map ns.

3· The proposed building or structure shall comply with the

performance standard provisions ofthe relevant zone.

A9.2.7 Existing Forestry activities located on the

Horohoro Bluffs, Rainbow Mountain and

Mamaku Tors- Outstanding Natural Landscape

a.

A9.2.10. Water pump and pipe network associated with a

water tank located within a Significant Natural

Area provided for in rule 9.5.75a

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a. Indigenous vegetation disturbance will be limited to the

removal ofthe understorey only in an area no wider than 2.5m

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A9.3

as long as it is the minimum disturbance that is required

during a temporary period for the purpose of construction.

b. Earthworks are limited to the area used for the placement of

the structure supporting the pipe network.

c . The vegetation within the SNA that is disturbed through the

construction works will be reinstated.

RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT

A9.3.2 Construction of new Farm, Forestry, and Walking Tracks within a Significant Natural Area or Outstanding Natural Feature and Landscape

The council will restrict its discretion to the matters below;

a . The prevention of access to or from a state highway.

b. The protection of recorded historic (360.4) heritage features listed in

Appendix :1. or 2 and waahi tapO shall not be disturbed.

c. The walking track shall not disturb any endangered indigenous fauna or

species or their habitat as listed in Appendix 2.

d. Methods used to avoid construction debris from entering a water body.

e. The extent to which the scale and location of earthworks associated

with roads, tracks, building sites detract from the values and

characteristics ofthe ONFL or SNA.

f. The extent to which the location and/or design avoids or mitigate

adverse effects on any Significant Geothermal Feature in accordance

with the classification ofthe associated geothermal system.

g. The functional and locational requirements for tracks to be located

· within the Outstanding Natural Feature and Landscape including as per

rule q.s.8:1..c.

A9.3.4. Buildings accessory to agricultural production activities within an Outstanding Natural Feature and Landscape as per rule 9.5.83b

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a. The functional and locational requirements for the building to

be located within the Outstanding Natural Feature and

Landscape.

b. The extent to which any additional buildings may cause

cumulative adverse effects on the identified values or

characteristics of the Outstanding Natural Feature and

Landscape.

c. The extent to which the siting, orientation, design and bulk of

any buildings and materials used for their construction,

integrate the building or structure into the surrounding

natural environment.

d. The extent to which external walls and roof of any building or

addition exceeds a reflectivity value of 37%.

APPENDIX 10: EARTHWORKS

A1 0.1 INTRODUCTION

This appendix contains the Earthwork performance standards for all zones

and specific performance standards for sites within the National Grid

corridor. All permitted and controlled activities identified within the Rule

table of the relevant zone must comply with the relevant performance

standards contained below. If one or more of the performance standards

in A~o.2.~ are not met1 the activity shall be considered as a Restricted

Discretionary activity in accordance with the rule tables in the zone

chapters1 with the exception of standard 51 in which case the activity (other

than that listed in rule g.s.8~c) will be considered as a Discretionary

activity. If the performance standards in A~o.2.2 are not met1 the activity

shall be considered as a Non Complying activity in accordance with the rule

tables in the zone chapters.

A~o.2.L~O Notwithstanding the preceding requirements 1 the following

activities are exempt from the performance standards above:

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e. Land preparation and earthworks accessory to and reasonably

necessary for fencing and existing forestry.

i. The maintenance of walking tracks1 farm and forestry tracks1

driveways and roads and tracks and drains associated with

existing infrastructure and normal farming practices.

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k. Ploughing as part of normal farm practices, which result in

recontouring the land, but does not alter the MamakO Tor

feature .

I. Troughs and their associated pipe network and realignment

of fences associated with normal farming practices.

m. Ploughing as part of normal farm practices within an

outstanding natural landscape.

n. New drains within pastoral landscape that forms part of an

outstanding natural feature and landscape.

PLANNING MAPS

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in the matter between limited council (env-2015-akl … · mamaku tors outstanding natural features...

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