4 General Rules Provisions -...

4 General Rules Provisions 9 September 2013 Page i of ii

4 General Rules Provisions

Section 4A

4A Purpose of the General Rules Provisions ................................................................................. 1

Section 4B

4B Purpose of Transportation Provisions ...................................................................................... 14B.1 Objectives and Policies for Transportation............................................................................... 14B.2 Permitted Activity Rules............................................................................................................. 44B.3 Controlled Activity Rules ........................................................................................................... 84B.4 Restricted Discretionary Activity Rules..................................................................................... 94B.5 Discretionary Activity Rules......................................................................................................114B.6 Non-Complying Activities .........................................................................................................12

Section 4C

4C Purpose of Earthworks Provisions............................................................................................ 14C.1 Objectives and Policies for Earthworks .................................................................................... 14C.2 Permitted Activity Rules............................................................................................................. 34C.3 Restricted Discretionary Activity Rules..................................................................................... 64C.4 Discretionary Activity Rules....................................................................................................... 84C.5 Non-Complying Activity Rules................................................................................................... 9

Section 4D

4D Purpose of Sign Provisions ....................................................................................................... 14D.1 Objectives and Policies for Signs.............................................................................................. 14D.2 Permitted Activity Rules............................................................................................................. 24D.3 Restricted Discretionary Activity Rules..................................................................................... 84D.4 Discretionary Activity Rules....................................................................................................... 8

Section 4E

4E Purpose of Noise Provisions ..................................................................................................... 14E.1 Objectives and Policies for Noise.............................................................................................. 14E.2 Permitted Activity Rules............................................................................................................. 34E.3 Restricted Discretionary Activity Rules....................................................................................114E.4 Discretionary Activity Rules......................................................................................................11

Section 4F

4F Purpose of Temporary Activity Provisions ............................................................................... 14F.1 Objectives and Policies for Temporary Activities..................................................................... 14F.2 Permitted Activity Rules............................................................................................................. 24F.3 Controlled Activity Rules ........................................................................................................... 64F.4 Restricted Discretionary Activity Rules..................................................................................... 74F.5 Discretionary Activity Rules....................................................................................................... 74F.6 Non-Complying Activity Rules................................................................................................... 7

Section 4G

4G Purpose of Lighting Provisions ................................................................................................. 1

4 General Rules Provisions 9 September 2013 Page ii of ii

4G.1 Objectives and Policies for Lighting.......................................................................................... 14G.2 Permitted Activity Rules............................................................................................................. 24G.3 Restricted Discretionary Activity Rules..................................................................................... 34G.4 Discretionary Activity Rules....................................................................................................... 3

Section 4H

4H Purpose of the Permitted Intrusion Rules ................................................................................. 14H.1 Objectives and Policies for Permitted Intrusions...................................................................... 14H.2 Permitted Activity Rules............................................................................................................. 2

Section 4I

4I Purpose of the Specified Airport Slopes and Surfaces ............................................................ 14I.1 Objectives and Policies for Specified Airport Slopes and Surfaces ........................................ 14I.2 Permitted Activity Rules............................................................................................................. 14I.3 Restricted Discretionary Activity Rules..................................................................................... 1

Appendices

Appendix 4A: General Minimum On-Site Parking and Loading Requirements....................................... 1

Appendix 4B: Parking Stall Dimensions................................................................................................... 9

Appendix 4C: Bicycle Parking Dimensions and Design Requirements .................................................10

Appendix 4D: 90 Percentile Tracking Curve for a Car.............................................................................11

Appendix 4E: 90 Percentile Tracking Curve for an 8 metre Rigid Two-Axle Truck................................12

Appendix 4F: 90 Percentile Tracking Curve for a 19 metre Truck ..........................................................13

Appendix 4G: Location of Access Points from Intersections.................................................................14

Appendix 4H: Calculating Sight Distances..............................................................................................15

Appendix 4I: Location of Points of Service where there is direct access onto the Strategic Road Network.. ...................................................................................................................................................16

Appendix 4J: Sight Lines at Uncontrolled Railway Crossings for 100km/H Train Speeds....................17

Appendix 4K: Integrated Transportation Assessment Information Requirements................................18

Appendix 4L: Parking Reduction Adjustment Factors............................................................................22

Appendix 4M: Permitted Setback Intrusions ...........................................................................................23

Appendix 4N: Erosion and Sediment Control Measures.........................................................................24

Appendix 4O: Events Area .......................................................................................................................25

Appendix 4P: Noise Contours..................................................................................................................26

Appendix 4Q: Seventeenth Avenue Commercial Areas – Sheet 1.........................................................27

Appendix 4Q: Seventeenth Avenue Commercial Areas –Sheet 2...........................................................28

Appendix 4R: Orientation Requirements for Service Station Signs on Sites that Adjoin Secondary Arterials……………………………………………………………………………………………………………….. .29

2 December 2017

4 General Rules Provisions 9 September 2013 Section 4A Page 1 of 2

Section 4A

4A Purpose of the General Rules ProvisionsThis Chapter identifies the Objectives, Policies and Rules that relate to City-wide activities. These rules relate to:

a) Transportation

b) Earthworks

c) Signs

d) Noise

e) Temporary Activities

f) Lighting

g) Permitted Intrusions

h) Tauranga Airport Slopes and Surfaces

This Chapter is divided up into eight subsections that reflect these activities.

4 General Rules Provisions 9 September 2013 Section 4A Page 2 of 2

4 General Rules Provisions 9 September 2013 Section 4B Page 1 of 12

Section 4B

4B Purpose of Transportation ProvisionsThe transport network is a significant and essential physical resource for the City and the region which contributes to the social and economic wellbeing of existing and future residents, visitors and businesses. It provides for access to and from one of the country’s key ports and a busy airport, and is essential to the continued growth and economic success of the Western Bay of Plenty sub-region. For example, 30% of all rail traffic in the country is associated in some way with the Port of Tauranga and the road network itself provides for the movement of 50% of the cargo shipped through the Port. It is imperative the local road, rail, sea and air transport networks are managed safely, efficiently and effectively to ensure the continued successful development of the area. This requires the integration of land use and subdivision with transport infrastructure to ensure an affordable, safe, responsive and sustainable transport network.

In addition to more technical requirements relating to parking, tracking curves and sight lines etc., the Planseeks to achieve a sustainable and integrated transport network through provisions that:

a) Support a shift away from reliance on private motor vehicle use in favour of alternative modes of transport, i.e., walking, cycling and public transport;

b) Remove minimum parking requirements within the Tauranga City Centre Zone;

c) Provide for the transport implications of land-use and subdivision activities that are relative to the scale of those activities and not purely focused on traffic generation;

d) Reduce ‘side friction’ issues associated with the number of direct accesses to the primary road network.

4B.1 Objectives and Policies for Transportation

4B.1.1 Objective – Promoting an Integrated Transport Network

Subdivision, use and development of land facilitates and encourages the use of alternative modes of transport, in particular walking, cycling and public transport.

4B.1.1.1 Policy – Reduction of On-Site Parking

By considering the reduction of required on-site parking as an opportunity to facilitate alternative modes of transport, but only when having particular regard to:

a) The off-site effect of the on-site shortfall does not adversely affect the primary function of the surrounding transport network;

b) The proximity of existing public transport facilities to the proposed activity and how the activityproposes to encourage public transport patronage;

c) The scope to provide additional bus stops as part of the public transport network that would offset the loss of on-site parking for the proposed activity or existing activities in the immediate vicinity;

d) The provision of on-site bicycle parking and accompanying changing and shower facilities, proportional to the reduction of on-site parking;

e) The extent of reduction that may be appropriate having regard to Appendix 4L– Parking Reduction Adjustment Factors;

f) Provided on-site parking will meet anticipated demand.

4B.1.1.2 Policy – Encouraging Alternative Transport

By ensuring that land-use and subdivision activities that have significant transport implications or present an opportunity to facilitate alternative modes of transport are designed to provide for walking, cycling and public transport facilities that:

a) Address any identified need for new facilities or networks;

b) Enhance existing facilities or networks.

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4B.1.2 Objective – Maintaining a Sustainable Transport Network

Transport-related effects of the subdivision, use and development of land do not compromise the integrated, safe, sustainable and efficient function of the transport network within the sub-region.

4B.1.2.1 Policy – Use of Land

Ensuring the pattern of subdivision, use and development of land occurs in a co-ordinated and comprehensive manner that optimises land availability whilst integrating with the transport network to maintain its safe and efficient function.

4B.1.2.2 Policy – Maintaining Road Function

By ensuring that traffic generation associated with the subdivision, use and development of land does not adversely affect the primary function of roads within the road hierarchy.

4B.1.2.3 Policy – Side Friction on Key Strategic Roads

By ensuring the continued efficient functioning of these key strategic roads:

a) Totara Street;

b) Hewletts Road;

c) Cameron Road;

d) Tara Road;

e) Taurikura Drive;

f) State Highway 2 (from Tamatea Arikinui Drive end to Wairoa Bridge);

g) Motorways and expressways;

by avoiding the creation of additional vehicle access points associated with the subdivision, use and development of land.

4B.1.2.4 Policy – Access Visibility

By ensuring that visibility to or from vehicle access points and intersections is appropriate for the specified legal speed limit of that road.

4B.1.2.5 Policy – Access Location and Points of Service

By ensuring the location of vehicle entry and exit points and / or points of service maintain the safety of pedestrian and vehicle movements within the site and avoid, remedy or mitigate adverse effects on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy).

4B.1.3 Objective – Parking

Parking is provided that meets the demand of activities either on-site or in the vicinity to ensure that the safe, sustainable and efficient functioning of the adjoining transport network is maintained and that parking areas provide appropriate stormwater disposal.

4B.1.3.1 Policy – On-Site Parking Requirements

Ensuring that land use activities provide:

a) A level of onsite vehicle parking that reflects anticipated demand;

b) Bicycle parking that meets the requirements of Appendix 4C - Bicycle Parking Dimensions and Design Requirements, where bicycle parking is proposed to be provided;

c) Parking and loading areas that are appropriately located and designed for their intended use;

d) On-site parking and loading areas that are configured to provide for the practical and safe movement of vehicles on-site and off-site, and avoid, remedy or mitigate adverse effects on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy).

27 February 2015


4B.1.3.2 Policy – On-Site Parking – Pedestrian Safety

By ensuring the safe and efficient movement of pedestrians is provided for within on-site parking, access and manoeuvring areas and at vehicle entry/exit points.

4B.1.3.3 Policy – City Centre Zone Parking

Providing flexibility for land use activities establishing within the City Centre Zone to provide on-site parking at a rate that will meet the actual requirements of the activity in recognition of:

a) The availability and role of the public parking resource within the City Centre Zone;

b) Access to and an anticipated higher reliance on alternative modes of transport;i) Opportunities for reciprocal on-site parking use where activities generate different peak

demand.ii) The interrelationship between the supply of car parks, private motor vehicle usage and the

maintenance of a safe, sustainable and efficient transport network serving the City Centre.

4B.1.3.4 Policy – Parking Areas and Stormwater Disposal

Ensuring that where large impervious areas of parking are provided appropriate methods of stormwater disposal are incorporated into the design of the car park.

4B.1.4 Objective – Airport and Port Activities

Tauranga Airport and the Port of Tauranga provide appropriate levels of on-site parking and continue to have access to a safe and efficient transport network.

4B.1.4.1 Policy – Airport Flight Path Protection

By avoiding buildings and structures that would otherwise penetrate the Airport Height Areas and Approach Surfaces and be of such a height to compromise the safety of activities associated with flight operations.

4B.1.4.2 Policy – Parking Requirements for Port Activities

By enabling port activities to provide parking at a rate that meets operational demand.

4B.1.4.3 Policy – Airport and Port Activities and the Transport Network

By ensuring the subdivision, use and development of land does not compromise the safe and efficient functioning of roads within the transport network critical to the continued functioning of Tauranga Airport and the Port of Tauranga.

2 December 2017


4B.2 Permitted Activity Rules

Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity, unless stated otherwise.

4B.2.1 Parking, Manoeuvring and Loading in the Port Industry Zone

On-site parking, on-site manoeuvring and vehicle loading requirements shall not apply to any activity within the Port Industry Zone provided that all parking, manoeuvring and loading areas provided to meet the demand or operational requirement for that activity are contained wholly within the Port Industry Zone.

4B.2.2 On-Site Parking Requirements – City Centre Zone

No on-site car parking minimums apply to activities within the City Centre Zone.

Note: Other legislation may contain requirements to provide on-site carparks for certain occupancy types.

4B.2.3 On-Site Parking Requirements – Generala) The minimum on-site parking requirements in Appendix 4A: General Minimum On-Site Parking and

Loading Requirements shall apply to all activities not otherwise provided for by Rule 4B.2.2 - On-Site Parking Requirements – City Centre Zone and Rule 4B.2.11 - On-Site Parking – Extensions and Alterations to a Lawfully Established Activity.

Note: Activities, excluding activities within the Seventeenth Avenue Commercial Plan Area and the Historic Village site, that provide more than 25 on-site carparks under this Rule shall be considered a Restricted Discretionary Activity under Rule 4B.4(b) – Restricted Discretionary Activity Rules.

Note: Any activity, excluding temporary activities, within the Seventeenth Avenue Commercial Plan Area and the Historic Village site, as shown on Appendix 4Q: Seventeenth Avenue Commercial Areas, shall be exempt from Rule 4B.4 b) - Restricted Discretionary Activity Rules, and Rule 4B.4.1.1 – Provision of More than 25 Carparks.

Note: Other legislation may contain requirements to provide on-site carparks for certain occupancy types.

b) If an activity is not listed in Appendix 4A: General Minimum On-Site Parking and Loading Requirements the parking standard for the activity listed that is closest in vehicle generation characteristics and parking demand shall be applied;

c) Where the calculation of the number of carparks results in a fractional number, that fraction shall be rounded to the nearest whole number;

d) Where a site contains, or is proposed to contain, more than one activity, the parking requirement for each activity shall be determined separately;

e) All on-site parking shall be located within the site;

f) For any residential independent dwelling unit on a site, stacked on-site parking space shall be permitted provided the stacking area is exclusive of the on-site manoeuvring area;

g) Any activity (excluding activities in Rural Zones) required to provide parking and loading spaces in accordance with Rule 4B.2.3 a) and b) On Site Parking Requirements - General shall ensure that all areas on the site used for vehicle parking, access, manoeuvring and loading/unloading shall be formed and sealed with an all weather surface prior to the activity commencing.

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4B.2.4 On-Site Parking Design

Note: The New Zealand Building Code has specific requirements for disabled parking provision and parking within buildings.

All on-site carparks shall be designed to the following standards:

a) Maximum gradient of 1 in 5 with break-over angles eased by a short transition slope;

b) Individual space dimensions in accordance with Appendix 4B: Parking Stall Dimensions. For the purposes of this rule, the dimensions shall apply in all situations even when no building is involved;

c) For parking and manoeuvring areas adjoining a primary arterial or secondary arterial road a kerb or similar barrier shall separate the parking area from the road boundary with the following dimensions:i) For angled parking not less than 0.15 metres high and 0.6 metres wide; ii) For parallel parking not less than 0.15 metres high and at least 0.15 metres wide.

4B.2.5 On-Site Manoeuvringa) All activities with vehicle access to the strategic road network or collector roads as shown on the City

Road Hierarchy Plan (see Diagram 1, Section 5, Plan Maps Part B) and not otherwise listed in Rule 4B.6 – Non-complying Activities, shall provide on-site manoeuvring such that all vehicles can enter and exit the site without reversing on to the road. Such manoeuvring shall be able to be executed in no more than a three-point turn;

b) All activities shall provide on-site manoeuvring for a 90 percentile car in accordance with Appendix 4D: 90 Percentile Tracking Curve for a Car provided that reversing may be permitted only on to a local road where less than five carparks are provided on-site;

c) Every activity in a Commercial Zone or Industrial Zone shall provide on-site manoeuvring for:i) A 90 percentile two-axle truck in accordance with Appendix 4E: 90 Percentile Tracking Curve

for an 8 metre Rigid Two Axle Truck;ii) Articulated trucks and trailers or buses where they are likely to visit the site in accordance with

Appendix 4F: 90 Percentile Tracking Curve for a 19 metre Truck;in such a way that all vehicles can enter and exit the site without reversing. Such manoeuvring shall

be able to be executed in no more than a three-point turn;

d) Notwithstanding Rule 4B.2.5 c) – On-site Manoeuvring, any activity that has a vehicle access to a State Highway and is required to provide a heavy goods vehicle loading space shall provide on-sitemanoeuvring for a 90 percentile 19-metre long semi-trailer combination 4-axle truck in accordance with Appendix 4F: 90 Percentile Tracking Curve for an 19 metre Truck;

e) On-site manoeuvring shall not be required where the activity has access to a formed service lane;

f) Minimum aisle and accessway widths shall be 3 metres for a one-way flow and 5.5 metres for a two-way flow.

4B.2.6 Vehicle Loading Requirementsa) All activities, except those located within the City Centre Zone, shall provide loading spaces in

accordance with Appendix 4A: General Minimum On-Site Parking & Loading Requirements. Where loading spaces are required they shall be located:i) On the same site as the activity;ii) Exclusive of any vehicle parking space or manoeuvring area required by the Plan;iii) Where the loading/unloading space directly faces a road, it shall be set back at least 5 metres

from the road boundary;

b) Vehicle loading spaces shall not be required where the activity has access to a formed service lane;

c) Vehicle loading spaces shall be designed to accommodate a 90 percentile two-axle truck in accordance with Appendix 4E: 90 Percentile Tracking Curve for an 8 m Rigid Two-Axle Truck, and where articulated trucks and trailers or buses are to be used, loading spaces shall also be designed to accommodate these vehicles;

2 December 2017


d) Every vehicle loading space shall be of useable shape of the following dimensions:i) Minimum width of 3.5 metres;ii) Minimum depth of 8 metres;iii) Minimum height of 3.8 metres above ground or floor level.

4B.2.7 Site Access and Vehicle Crossings

Note: Creation of a new vehicle access (or accesses) onto the strategic road network, not otherwise listed within Rule 4B.6 – Non-Complying Activities, shall be considered a Restricted Discretionary Activity.

a) The location of vehicle access points from an intersection shall be in accordance with Appendix 4G: Location of Access Points from Intersections;

b) Vehicle crossing points serving a business activity site shall be a minimum width of 4 metres, and a maximum width of 9 metres on the site boundary;

c) Vehicle crossing points serving a business activity site where articulated trucks and trailers or buses are likely to be used shall be designed to accommodate these vehicles;

d) Vehicle crossing-point widths for other activities shall be a minimum width of 2.7 metres on the site boundary;

e) Where vehicle entrance locations are altered, the crossing area no longer required shall be reinstated as verge and/or footpath and kerbs replaced. The cost of such work shall be borne by the owner of the property served by the former crossing;

f) The minimum sight distance from vehicle access points shall be in accordance with Appendix 4H: Calculating Sight Distances;

g) Access points on to Taurikura Drive where Rule 18A.14.3.2 Traffic Management, Safety and Convenience does not apply are permitted subject to compliance with Rule 4B.2.7 Site Access and Vehicle Crossings a), b), c), e) and f).

4B.2.8 Points of Service for Developments with Direct Access onto the Strategic Road Network

a) Any activity involving the retail dispensing of vehicle fuels shall locate the fuel pumps a minimum of 10 metres from the mid-point on the boundary of any vehicle crossing onto the strategic road network.For truck stops this distance must be at least 18 metres;

b) All other drive-in facility activities with direct access onto the strategic road network shall have the first point of service activities set back a minimum distance of 20 metres from the edge of the road carriageway in accordance with Appendix 4I: Location of Points of Service where there is direct access onto the Strategic Road Network.

4B.2.9 Sight-Lines at Uncontrolled Railway Crossingsa) Where a railway and road intersect on the same level, no building or other physical obstruction which

might block the sight-lines shall be permitted within an area shown as the shaded areas on Appendix 4J: Sight Lines at Uncontrolled Railway Crossings for 100km/h Train Speeds;

b) Other sight-lines (other than specified in Rule 4B.2.9 – Sight Lines at Uncontrolled Railway Crossings)shall be permitted when the written consent of New Zealand Railway Corporation has been obtained before a building consent is issued.

4B.2.10 On-Site Parking and Integrated Transport Assessments – Tauriko Business Estate or Wairakei Urban Growth Area

Where an activity within the Tauriko Business Estate or the Wairakei Urban Growth Area is required to provide more than 25 on-site car parks, calculated in accordance with Appendix 4A: General Minimum On-Site Parking and Loading Requirements, Rule 4B.4 b) – Restricted Discretionary Activity Rules shall not apply.

4 November 2014


Proposed Amendmenta) Where an activity within the Tauriko Business Estate or the Wairakei Urban Growth Area Wairakei

Neighbourhood Centre Zone, Papamoa East Employment Zone, and Wairakei Town Centre (Core and Fringe) is required to provide more than 25 on-site car parks, calculated in accordance with Appendix 4A: General Minimum On-Site Parking and Loading Requirements, Rule 4B.4 b) –Restricted Discretionary Activity Rules shall not apply; or

b) Where an activity is a Comprehensively Designed Development Wairakei Residential Zone Medium Rise Plan Area and is required to provide more than 25 on-site car parks, calculated in accordance with Appendix 4A: General Minimum On-Site Parking and Loading Requirements, Rule 4B.4 b) –Restricted Discretionary Activity Rules shall not apply. For the avoidance of doubt Rule 4B.4 b) shall apply to the Wairakei Residential Zone and any activity within Medium Rise Plan Area that is not a comprehensively designed development.

Plan Change 25 – No Legal Effect

4B.2.11 On-Site Parking – Extensions and Alterations to a LawfullyEstablished Activity

Where alterations and extensions to a lawfully established activity or building occur that take the total number of on-site parking spaces lawfully provided on-site beyond 25 or any number specified by a resource consent granted for the activity on the site, Rule 4B.4 b) – Restricted Discretionary Activity Rules shall not apply:

a) Provided the greater of the following is not exceeded:i) 5 additional carpark spaces; ii) An additional 10% of the total carparking spaces lawfully provided, up to a maximum of 15

additional spaces. For the avoidance of doubt, Rule 4B.4(b) – Restricted Discretionary Activity Rules shall not apply where the number of additional parking spaces provided (if any) inassociation with alterations or extension does not exceed this number of spaces, regardless of the number of spaces required to be provided as calculated in accordance with Appendix 4A: General Minimum On-Site Parking and Loading Requirements;

iii) For the avoidance of doubt, this rule can be used by any lawful or consented activity up to the limits in (i) and (ii) above, with any exceedance over those limits requiring a resource consent under Rule 4B.4(b) – Restricted Discretionary Activity Rules.

b) The parking required to be provided is within the number of car parks previously consented for the activity on the site but not yet physically constructed.

4B.2.12 Service Lanes

Where a site is affected by a designation for a proposed service lane, any activity on the land shall be in accordance with the service lane widths and dimensions specified in the service lane diagrams contained in Section 4 (Plan Maps, Part B) (Service Land Diagrams).

4B.2.13 Zoning of Stopped or Closed Road

Land which is a stopped or closed road shall cease to be zoned Road Zone and shall acquire the zoning of the adjoining land up to and including the centre line of the road. The rules of that zone shall then apply accordingly.

8 October 2016


4B.3 Controlled Activity RulesThe following are Controlled Activities:

a) Any activity, excluding temporary activities, in the Seventeenth Avenue Commercial Areas which generates an increase in peak hour vehicle movements at the ‘point of measurement of peak vehicle movement’ shown on Appendix 4Q: Seventeenth Avenue Commercial Areas.

Note: Any activity, excluding temporary activities, within the Seventeenth Avenue Commercial Areas where the existing traffic volumes (Veh/hr Peak) together with the traffic volumes (Veh/hr Peak) predicted for any proposed activities (including unimplemented consents) will exceed 1150 Veh/hr Peak at the ‘point of measurement’ shown on Appendix 4Q - Seventeenth Avenue Commercial Area shall be considered a Restricted Discretionary Activity under Rule 4B.4 - Restricted Discretionary Activity.

4B.3.1 Controlled Activity – Seventeenth Avenue Commercial Areasa) Any application made under Rule 4B.3.1 - Controlled Activity – Seventeenth Avenue Commercial

Areas shall provide an assessment of existing peak vehicle movements and peak traffic generated by the activity measured at the ‘point of measurement of peak vehicle movement’ identified on Appendix 4Q - Seventeenth Avenue Commercial Areas;

b) If, at the ‘point of measurement’ shown on Appendix 4Q: Seventeenth Avenue Commercial Areas, the existing traffic volumes (Veh/hr Peak) together with the traffic volumes (Veh/hr Peak) predicted for any proposed activities (including unimplemented consents) will exceed any of the minimum Traffic Volumes (Veh/hr Peak) Thresholds shown in Table 4Q.1 - Seventeenth Avenue/Cameron Road Intersection, the corresponding mitigation requirements in the Table shall be provided for all minimum Traffic Volumes (Veh/hr Peak) Thresholds that are exceeded.

Note: Any activity, excluding temporary activities, that does not comply with Rule 4B.3.1 - Controlled Activity – Seventeenth Avenue Commercial Areas shall be considered a Restricted Discretionary Activity.

4B.3.2 Controlled Activity – Matters of Control and Condition - Seventeenth Avenue Commercial Plan Areas

The Council reserves control over the following matters:

a) The mitigation of the adverse effects (including cumulative effects) on the intersection of Seventeenth Avenue and Cameron Road through the ‘Mitigation Requirements at Seventeenth Avenue/Cameron Road Intersection’ set out in Table 4Q.1 - Seventeenth Avenue/Cameron Road Intersection.

2 December 2017


4B.4 Restricted Discretionary Activity RulesThe following are Restricted Discretionary Activities:

a) Any activity that does not comply with Rule 4B.2 – Permitted Activity Rules;

b) Any activity, excluding those within the City Centre Zone or the Coast Commercial Plan Area, that provides more than 25 on-site carparks as calculated in accordance with Rule 4B.2.3 - On-Site Parking Requirements – General. This rule does not apply to any activities in the Tauriko BusinessEstate, Wairakei Urban Growth Area and its zones or the Seventeenth Avenue Commercial Areas shown on Appendix 4Q: Seventeenth Avenue Commercial Areas;

Proposed Amendment

b) Any activity, excluding those within the City Centre Zone or the Coast Commercial Plan Area, that provides more than 25 on-site carparks as calculated in accordance with Rule 4B.2.3 - On-Site Parking Requirements – General. This rule does not apply to any activities in the Tauriko BusinessEstate, Wairakei Urban Growth Area Wairakei Neighbourhood Centre Zone, Papamoa East Employment Zone, Comprehensively Designed Development within the Wairakei Residential Zone Medium Rise Plan Area and Wairakei Town Centre (Core and Fringe), and its zones or the Seventeenth Avenue Commercial Areas shown on Appendix 4Q: Seventeenth Avenue Commercial Areas;


c) Any Activity within the City Centre Zone that increases the use of an existing vehicle access (or accesses) from or onto the strategic road network. This Rule does not apply to the use of existing service lanes;

d) Any Activity, other than those activities listed in Rule 4B.6 – Non-Complying Activities, that creates a new vehicle access (or accesses) onto the strategic road network. This Rule does not apply to lots on Taurikura Drive not covered by Rule 18A.14.3.2 Traffic Management, Safety and Convenience;

e) Retail dispensing of fuel, activities that include a drive through point of service or child care facilities that create and/or form an additional access or accesses, or vehicle crossings, or utilise existing vehicle crossings onto the strategic road network, other than where listed in Rule 4B.6 – Non-Complying Activities;

f) Any activity within the Seventeenth Avenue Commercial Areas, excluding temporary activities, where the existing traffic volumes (Veh/hr Peak) together with the traffic volumes (Veh/hr Peak) predicted for any proposed activities (including unimplemented consents) will exceed 1150 Veh/hr Peak at the ‘point of measurement’ shown on Appendix 4Q: Seventeenth Avenue Commercial Area;

g) Any activity or activities within the Coast Commercial Plan Area that causes the total number of carparks within that Commercial Plan Area to exceed 25 (as calculated in accordance with Rule 4B.2.3 On-Site Parking Requirements – General).

4B.4.1 Restricted Discretionary Activity – Standards and Terms

Note: Any activity described as a Restricted Discretionary Activity that does not comply with a Restricted Discretionary Standard and Term shall be considered a Discretionary Activity.

4B.4.1.1 Provision of More than 25 Carparks

Where more than 25 on-site carparks are provided on-site, with the exception of sites within the City Centre Zone, an Integrated Transport Assessment relevant to the scale of the proposal shall be submitted with an application for resource consent in accordance with Appendix 4K – Integrated Transport Assessment Information Requirements.

4B.4.1.2 Additional Use of Existing Vehicle Access onto the Strategic Road Network - City Centre Zone

For any Restricted Discretionary Activity under Rule 4B.4 c) - Restricted Discretionary Activity Rules a qualified transportation engineer shall prepare an assessment of the effects of the proposed activity on the safe and efficient function and operation of the strategic road network.

5 October 20134 November 20142 December 2017


4B.4.1.3 Restricted Discretionary Activity - Standards and Terms - Seventeenth Avenue Commercial Areas

a) For any Restricted Discretionary Activity under Rule 4B.4 f) - Restricted Discretionary Activity Rules, a qualified transportation engineer shall prepare an assessment of the Seventeenth Avenue/Cameron Road intersection having regard to:i) The safe and efficient function and operation of the transport network;ii) Existing and predicted vehicle trip generation and trip type;iii) Capacity of the transport network to accommodate the development;iv) Operational and construction effects (including cumulative effects);v) Staging of the development;vi) The matters outlined in 4B.1.2 – Objective - Maintaining a Sustainable Transport Network and

4B.1.2.1 – Policy - Use of Land through 4B.1.2.5 – Policy - Access Location and Points of Service;

vii) Measures to mitigate adverse traffic effects (including cumulative effects) on the intersection.

4B.4.1.4 Restricted Discretionary Activity – Standards and Terms – Coast Commercial Plan Area - Provision of more than 25 Carparks

a) For any Restricted Discretionary Activity under Rule 4B.4.g) – Restricted Discretionary Activity Rules, an Integrated Transport Assessment relevant to the scale of the proposal shall be submitted with an application for resource consent in accordance with Appendix 4K – Integrated Traffic Assessment Information Requirements.

4B.4.2 Restricted Discretionary Activity – Matters of Discretion and Conditions

4B.4.2.1 On-site Parking – General

In considering activities that do not comply with Rule 4B.2.3 – On-site Parking Requirements – General the Council restricts the exercise of its discretion to the matters outlined in Policy 4B.1.1.1 – Reduction of On-Site Parking.

4B.4.2.2 On-site Parking Design

In considering activities that do not comply with Rule 4B.2.4 – On-site Parking Design, Rule 4B.2.5 – On-Site Manoeuvring or Rule 4B.2.6 – Vehicle Loading Requirements the Council restricts the exercise of its discretion to the matters outlined in:

a) 4B.1.3.1 – Policy - On-Site Parking Requirements;

b) 4B.1.3.2 – Policy - On-Site Parking - Pedestrian Safety.

4B.4.2.3 Access Design and Location and Points of Service

In considering activities that do not comply with Rule 4B.2.7 – Site Access and Vehicle Crossings and Rule 4B.2.8 – Points of Service for Developments with Direct Access onto the Strategic Road Network the Councilrestricts the exercise of its discretion to the matters outlined in:

a) 4B.1.2.4 – Policy - Access Visibility;

b) 4B.1.2.5 – Policy - Access Location and Points of Service.

4B.4.2.4 Provision of More than 25 Carparks

In considering activities under Rule 4B.4.1.1 – Provision of More than 25 Carparks the Council restricts the exercise of it its discretion to:

a) The matters outlined in Appendix 4K – Integrated Transport Assessment Information Requirements;

b) Any recommendations of the Integrated Transport Assessment;

c) The effects from the proposal on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy) and measures to avoid, remedy or mitigate those adverse effects;

d) Considering whether reductions in parking requirements are appropriate having regard to Appendix 4L – Parking Reduction Adjustment Factors;

e) Methods of stormwater disposal where 25 or more carparks are proposed to be provided on-site.


4B.4.2.5 Restricted Discretionary Activity - Matters of Discretion Seventeenth Avenue Commercial Area

In considering Restricted Discretionary Activities under Rule 4B.4 f) - Restricted Discretionary Activity Rulesthe Council restricts the exercise of its discretion to:

a) The effects (including cumulative effects) on the safe and efficient operation of the transport network(including the function of roads as identified in the road hierarchy) and measures to avoid, remedy or mitigate any adverse effects;

b) The matters of discretion under Rule 4B.4.2 Restricted Discretionary Activity – Matters of Discretion and Conditions;

c) The effects on the transport network, including cumulative effects, network capacity, and the measures to avoid, remedy or mitigate these, and any recommendations resulting from an assessment prepared by a qualified transportation engineer;

d) The matters addressed in 4B.1.2 - Objective - Maintaining a Sustainable Transport Network, and in4B.1.2.1 – Policy - Use of Land through 4B.1.2.5 – Policy - Access Location and Points of Service.

4B.4.2.6 Additional Use of Existing Vehicle Access onto the Strategic Road Network - City Centre Zone

For any Restricted Discretionary Activity under Rule 4B.4 c) – Restricted Discretionary Activity Rules, the Council restricts its discretion to:

a) The safe and efficient function and operation of the transport network (including the strategic road network);

b) The matters of discretion under Rule 4B.4.2 Restricted Discretionary Activity – Matters of Discretion and Conditions;

c) The effects on the transport network and the measures to avoid, remedy of mitigate these, including any recommendations resulting from an assessment of effects prepared by a qualified transportation engineer.

4B.4.2.7 Coast Commercial Plan Area - Provision of More than 25 Carparks

In considering activities under Rule 4B.4.1.4 Coast Commercial Plan Area - Provision of more than 25 Carparks the Council restricts the exercise of its discretion to:

a) The matters outlined in Appendix 4K – Integrated Transport Assessment Information Requirements;

b) Any recommendations of the Integrated Transport Assessment;

c) The effects from the proposal on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy) and measures to avoid, remedy or mitigate those adverse effects;

d) Considering whether reductions in parking requirements are appropriate having regard to Appendix 4L – Parking Reduction Adjustment Factors;

4B.4.2.8 Non-Notification for Coast Commercial Plan Area – Provision of More than 25 Carparks

Any application for a resource consent made under Rule 4B.4 g) - Restricted Discretionary Activity Rulesshall not be notified, or served on affected persons.

4B.5 Discretionary Activity RulesThe following are Discretionary Activities:

a) Any activity which is not a Permitted, Controlled, Restricted Discretionary or Non-Complying Activity;

b) Any activity that does not comply with Rule 4B.4.1 – Restricted Discretionary Activity – Standards and Terms.

c) Any activity that does not comply with Rule 4B.3.1 a) Controlled Activity – Standards and Terms Seventeenth Avenue Commercial Plan Area.

4B.5.1 Assessment of Discretionary Activities

In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council will consider any relevant matter with particular regard to the relevant Objectives and Policies of the Plan.


4B.6 Non-Complying ActivitiesThe following are Non-Complying Activities:

a) Land use or subdivision activities that creates a new vehicle access onto the following roads:i) Totara Street;ii) Hewletts Road;iii) Cameron Road;iv) Tara Road;v) State Highway 2 (from Tamatea Arikinui Drive end to Wairoa Bridge);vi) Motorways and Expressways.

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4 General Rules Provisions 9 September 2013 Section 4C Page 1 of 10

Section 4C

4C Purpose of Earthworks ProvisionsThe City has a mixed topography consisting of relatively flat coastal plains; peninsula headlands; remnant sea cliffs, gullies and plateaus of harbour areas and the steeper land of range foothills. Underlying these areas is a variety of soil types (volcanic ashes, sand, etc.) that present their own geological characteristics.

This land also comprises a varied mix of land uses, important landscapes, sensitive coastal margins, flood plains and a number of Significant Maori Areas and Significant Archaeological Areas.

Earthworks are an essential and inevitable part of the on-going use and management of the land resource in the City. Earthworks have the potential to:

a) Increase erosion and sediment run-off (including sediment loadings on to and into Council infrastructure and assets);

b) Undermine the stability of adjoining properties and infrastructure;

c) Increase flood risk through alteration of drainage patterns and ponding areas;

d) Compromise the natural buffering effect of dune systems;

e) Alter the landform and features of significant natural landscapes;

f) Adversely affect the amenity of neighbouring properties through construction works and alteration of ground levels;

g) Adversely affect structures associated with electricity transmission;

h) Damage the values of important cultural and historic sites.

The purpose of the earthworks provisions is to manage the effects of earthworks within the City, particularly those at a district level that are not controlled by the Bay of Plenty Regional Council Regional Water and Land Plan or other statutes. Of particular importance is the need to manage earthworks from building sitesand earthworks that affect land that is sensitive to change where it has identified landscape, ecological or cultural values; is prone to hazards or supports key infrastructure. In addition to this there is also a need to provide greater clarity around the definition and management of cleanfill and landfill activities which are often associated with earthwork activities.

The objectives, policies and rules relating to earthworks have been developed to address these matters. These provisions also take into account of the role of the Regional Council in managing earthworks through the Regional Water and Land Plan.

4C.1 Objectives and Policies for Earthworks

4C.1.1 Objective – Earthworks

Earthworks are provided for and managed to ensure they do not adversely affect the environment, Plan Areas or cultural and heritage values.

4C.1.1.1 Policy – Stability

By ensuring that areas of cut and fill associated with site earthworks are managed to minimise the risk of instability and damage to other properties both during and after construction.

4C.1.1.2 Policy – Sediment Run-Off

By ensuring earthworks are managed to minimise sediment run-off from a site, particularly into the Council’sstormwater system, through the adoption of suitable sediment and erosion controls.

4C.1.1.3 Policy – Flood-Prone Areas

By ensuring the potential adverse flooding effects to property are minimised where earthworks occur on land containing watercourses, overland flow paths, ponding areas and/or land subject to inundation by harbour and coastal waters.

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4C.1.1.4 Policy – Contaminated Soils

By managing the potential adverse effects to human health and the environment when earthworks are undertaken that involve contaminated soils.

4C.1.1.5 Policy – Earthworks Within the Coastal Hazard Erosion Plan Area (CHEPA)

By ensuring that earthworks within the Coastal Hazard Erosion Plan Area do not compromise the natural buffering ability of the dune system.

4C.1.1.6 Policy – Earthworks Within and Adjoining Special Ecological Areas, Outstanding Natural Features and Landscapes, and Important Natural Landscapes

By ensuring the adverse effects of earthworks on the recognised factors, values and associations of Special Ecological Areas and areas of outstanding natural features and landscapes and important amenitylandscapes are avoided.

4C.1.2 Objective – Landfill

Landfill is managed to ensure it does not adversely affect the environment and other Plan Areas that are sensitive to change.

4C.1.2.1 Policy – Landfill

By managing landfill activities to ensure the dumping of material does not generate adverse effects on the overall character and amenity of the underlying zone and any adjoining zone; having particular regard to infrastructure, stability, contamination, natural hazards, ecological values, landscape values and cultural and heritage values.

6 September 2014


4C.2 Permitted Activity Rules

Note: All site earthworks will also need to comply with the requirements of the Bay of Plenty Regional Council Regional Water and Land Plan, or be authorised by the necessary resource consent from the Bay of Plenty Regional Council.


Note: While only transmission and key electric lines are identified on the Planning Maps, works in close proximity to all electric lines can be dangerous. Compliance with the New Zealand Electrical Code of Practice 34:2001 is mandatory for buildings, earthworks and mobile plants within close proximity to all electric lines. Compliance with the Electricity (Hazards from Trees) Regulations 2003 is also mandatory for tree trimming and planting. To discuss works, including tree planting, near electrical lines especially within 20m of those lines, contact the line operator.

4C.2.1 Exemptions to the Permitted Activity Rulesa) The following activities are permitted and exempt from Rule 4C.2.2 – All Zones through Rule 4C.2.9 –

High Voltage Transmission Plan Area:i) Earthworks consented as part of an approved subdivision;ii) Earthworks in the Road Zone;iii) Earthworks associated with the maintenance, renewal and minor upgrading (in relation to

electric lines) of network utilities listed in Chapter 10 – Network Utilities and Designationssubject to Rule 10A.5.9 – Establishment, Maintenance or Demolition of a Network Utility;

iv) Earthworks associated with the construction of stormwater reserves.v) Earthworks for domestic gardening;vi) Earthworks for grave digging;vii) Earthworks for archaeological investigations authorized by Heritage New Zealand, subject to

the written approval of Transpower being clearly endorsed on all relevant investigation site plans where those investigations occur within the High Voltage Transmission Plan Area identified on the Plan Maps, Part B.

Note: It is mandatory for earthworks in proximity to electric lines to comply with the requirements of the New Zealand Code of Practice for Electrical Safe Distances 2001 (NZCEP34:2001).

Note: Any activity that does not comply with Rule 4C.2.1(a)(vii) – Exemptions to the Permitted Activity Rules shall be considered a Discretionary Activity

4C.2.2 All Zones

In addition to Rule 4C.2.3 – Tauriko Business Estate through Rule 4C.2.9 – High-Voltage Transmission Plan Area, earthworks are a Permitted Activity providing:

a) They are ancillary to an activity that is listed as a Permitted, Controlled or Restricted Discretionary Activity within that zone;

b) They use a combination of erosion and sediment control measures that are consistent with Appendix 4N: Erosion and Sediment Control Measures where earthworks on a site expose more than 100m2 of area. For the avoidance of doubt this rule shall not apply to approved earthworks or earthworksancillary to primary production;

c) Any single cut on a site 1.5 metres in height or higher (either as a single cut or combination of cuts) where the angle of cut is 45

oor greater is retained either before construction of any building

foundations or retained no later than 3 months after that cut being created. This rule shall not apply to earthworks in the Rural Zone unless those earthworks are associated with construction of a building;

d) They do not take place within the drip-line of a Notable Tree or Heritage Tree;

e) They do not take place on any site that includes potentially contaminated land, unless:i) A consent for remediation has been obtained from the Bay of Plenty Regional Council;

4 November 2014


ii) A site investigation report prepared by a suitably qualified contaminated site investigator is submitted to the Council in accordance with Ministry for the Environment Guideline No.1 –Reporting on Contaminated Sites in New Zealand demonstrating that either the site does not have potentially contaminated land or the potentially contaminated land is separated from the earthworks by a safe distance (determined by the substance causing soil contamination);

iii) Consent has been obtained pursuant to Rule 9B.3 – Restricted Discretionary Rules;iv) The provisions of Rule 9B.2.1 – Applicability to Subdivision and Land Use apply;

f) They are associated with sub-surface investigations of contaminated and potentially contaminated land to determine the presence, extent and nature of any contamination. This work shall be co-ordinated by a suitably qualified contaminated site investigator.

4C.2.3 Tauriko Business Estate

In addition to Rule 4C.2.2 – All Zones, earthworks are permitted providing:

a) For any area defined on the Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan) as an Escarpment Area they do not exceed a cut depth of 1 metre or a volume of 50m3, with the exception of earthworks permitted under Rule 18A.14.2.5 - Escarpment Area, Gargan Road;

b) For earthworks within the Gargan Plateau defined in Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan) as Escarpment Area where:i) The final contour and landscape mitigation is completed and maintained in accordance with

Appendix 18G: Tauriko Business Estate - Gargan Road Escarpment Final Contour and Landscape Plan;

ii) Earthworks incidental to the construction of the road between Gargan Road and Taurikura Drive as shown on Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan);

iii) Other earthworks that do not exceed a vertical cut depth of 1 metre or a volume of 50m3.

Note: For the avoidance of doubt, any earthworks activity that does not comply with Rule 4C.2.3 a) shall be considered a Restricted Discretionary Activity.

Note: Any Earthworks activity that does not comply with Rule 4C.2.3 b) shall be considered as a Non-Complying Activity.

4C.2.4 Flood Hazard Plan Area

In addition to Rule 4C.2.2 – All Zones, earthworks within the Flood Hazard Plan Area shall not exceed more than 500m3 except where they are associated with the construction, erection or placement of a building.

Note: Where earthworks are associated with the construction, erection or placement of a building in the Flood Hazard Plan Area refer to Chapter 8 – Natural Hazards, Table 8C.1.

4C.2.5 Coastal Hazard Erosion Plan Area (CHEPA)

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken on land within the Coastal Hazard Erosion Plan Area that is not zoned Open Space shall not exceed:

a) More than 5m3 in a 6-month calendar period within the Current Erosion Risk Zone or the 50 year Erosion Risk Zone;

b) More than 25m3 in a 6 month calendar period within the 100 year Erosion Risk Zone;

and ensure:

c) Any excavated material is re-spread within the Coastal Hazard Erosion Plan Area;

d) Re-spread material is planted with native dune plants within 6 months of the re-spreading.

4C.2.6 Mean High Water Springs (MHWS) or a Permanently Flowing River or Stream or Wetland

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken on land within 15m of mean high watersprings or a permanently flowing river or stream or wetland shall not:

a) Exceed more than 50m3 in a 6 month calendar period;

b) Raise or lower the ground level by more than 1 metre.

2 December 2017


4C.2.7 Outstanding Natural Features and Landscapes and Important Amenity Landscape Plan Areas

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken within an Outstanding Natural Feature and Landscape Plan Area or an Important Amenity Landscape Plan Area shall:

a) Be associated with activities listed as Permitted in Chapter 6 – Natural Features and Landscapes; or

b) Not alter the ground level by more than 1 metre where those earthworks are associated with primary production activities.

4C.2.8 Special Ecological Areas

In addition to Rule 4C.2.2 – All Zones, earthworks within Special Ecological Areas shall:

a) Be associated with activities listed in Chapter 5 - Natural Environment (Table 5A.1); or

b) Not exceed more than 5m3

in a 6-month calendar period, except for:i) the maintenance of existing stormwater reserves and existing stormwater overland flowpaths

(existing at 17 October 2009);maintenance of existing farmtracks and fencelines (existing at 17 October 2009).

4C.2.9 High-Voltage Transmission Plan Area

In addition to Rule 4C.2.2 – All Zones:

a) Earthworks shall not raise or lower the ground level around a pole support structure by more than:ii) 300mm within 2.2 m of the pole or stay wire of the line; oriii) 750 mm between 2.2 m and 5 m of the pole or stay wire;

b) Rule 4C.2.9 a) – High-Voltage Transmission Plan Area does not apply to vertical holes not exceeding 500 mm diameter beyond 1.5 m from a pole or stay wire, the cultivation of land or the repair, sealing or resealing of the existing surface of any road, footpath or driveway.

c) Earthworks shall not raise or lower the ground level around a tower support structure by more than:i) 300mm within 6 m of the outer edge of the visible foundation of the tower; orii) 750 mm between 6 m and 12 m of the outer edge of the visible foundation of the tower;

d) Rule 4C.2.9 b) – High-Voltage Transmission Plan Area does not apply to cultivation of land or the repair, sealing or resealing of the existing surface of any road, footpath or driveway.

e) Maintain a minimum separation distance of 8m from ground level to the transmission electric line (as measured on the vertical plane).

Note: Any activity that does not comply with Rule 4C.2.9 – High Voltage Transmission Plan Area shall be considered a Discretionary Activity.


4C.3 Restricted Discretionary Activity RulesThe following are Restricted Discretionary Activities:

a) Earthworks that do not comply with Rule 4C.2 – Permitted Activity Rules;

b) Earthworks associated with activities listed as Restricted Discretionary Activities in Chapter 5 - Natural Environment (Table 5A.1);

c) Earthworks associated with activities listed as Restricted Discretionary Activities in Chapter 6 - Natural Features and Landscapes (Table 6A.1);

d) Earthworks within the drip-line of a Notable Tree or Heritage Tree.

e) Quarrying which is incidental to earthworks being undertaken as part of preparation of land for subdivision, use and development within the Tauriko Business Estate.

4C.3.1 Restricted Discretionary Activity – Standards and Terms

Restricted Discretionary Activities shall comply with the following standards and terms:

a) For earthworks that do not comply with Rule 4C.2.6 – Mean High Water Springs (MHWS),Permanently Flowing River or Stream or Wetland:i) A qualified landscape architect shall prepare a landscape and visual assessment for any

application for resource consent;ii) The assessment shall have particular regard to the open space character and factors, values

and associations that contribute to the areas landscape and natural character, including its interface with the Coastal Marine Area, permanently flowing river or stream or wetland.

b) For earthworks that do not comply with Rule 4C.2.8 – Special Ecological Areas:i) A qualified ecologist shall prepare an assessment of the effects of the proposed activity on the

ecological values of that Special Ecological Area;ii) The assessment shall have particular regard to the factors, values and associations that make

the area a Special Ecological Area, considering those matters outlined in Appendix 5A: Special Ecological Area (SEA) Register.

4C.3.2 Restricted Discretionary Activity – Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to the following matters:

4C.3.2.1 For Earthworks in all Zones

a) In considering activities that do not comply with Rule 4C.2.2(b) – All Zones the Council restricts the exercise of its discretion to how the proposed methods of erosion and sediment control will meet the intended purpose of Appendix 4N – Erosion and Sediment Control Measures;

b) In considering activities that do not comply with Rule 4C.2.2 c) – All Zones the Council restricts the exercise of its discretion to considering the degree of slope and the risk of instability taking into account the volume of earthworks and any appropriate alternative methods of retention.

4C.3.2.2 For Earthworks in Escarpment Areas – Tauriko Business Estate (excluding Gargan Plateau Escarpment)

a) The extent to which the activity will maintain landform and vegetation that provide visual screening and a backdrop with rural character to business development when viewed from residential and rural areas;

b) The extent to which particular regard has been had to the appearance of the site, building or structureas viewed from rural or residential properties in the surrounding environment. This shall be demonstrated through a visual assessment prepared by a qualified landscape architect (or other qualified design professional approved by Council).

4C.3.2.3 For Earthworks in Special Ecological Areas

In considering activities that do not comply with Rule 4C.2.8 – Special Ecological Areas the Council restricts the exercise of its discretion to:

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a) The recommendations or outcomes of any assessment required under Rule 4C.3.1 b) – Restricted Discretionary Activity – Standard and Terms;

b) Rule 5A.6.2 c) and e) – Restricted Discretionary Activity – Matters of Discretion.

4C.3.2.4 For Earthworks within Mean High Water Springs, a Permanently Flowing River or Stream, or Wetland

In considering activities that do not comply with Rule 4C.2.6 – Mean High Water Springs (MHWS),Permanently Flowing River or Stream or Wetland the Council restricts the exercise of its discretion to:

a) The recommendations or outcomes of any assessment required under Rule 4C.3.1 a) – Restricted Discretionary Activity – Standards and Terms;

b) Rule 13A.11.2.3 b) iii), v) and vi) – Restricted Discretionary Activity – Matters of Discretion and Conditions - Setbacks.

4C.3.2.5 For Earthworks in Flood Hazard Plan Areas

In considering activities that do not comply with Rule 4C.2.4 – Flood Hazard Plan Area the Council restricts the exercise of it discretion to:

a) The degree to which the earthworks will modify natural ponding areas and drainage systems, including overland flowpaths, and the extent to which water flow is impeded and/or displaced;

b) The degree to which inundation of buildings or structures on the site or surrounding land, or other land can be avoided, remedied or mitigated;

c) Consideration of whether an engineering assessment is required to accurately determine the extent of any impediment or displacement effect and any recommendations of that assessment.

4C.3.2.6 For Earthworks where Quarrying is being undertaken as an incidental activity in the Tauriko Business Estate

In considering activities provided under Rule 4C.3e) the Council restricts the exercise of its discretion to the following matters:

a) The effects of traffic generation on the surrounding transport network;

b) Sediment and erosion effects, unless otherwise mitigated through conditions of approved earthworks;

c) The effects of noise and hours of operation in terms of the standards in Rule 4E.2.14 – Construction Noise.

2 December 2017


4C.4 Discretionary Activity RulesThe following are Discretionary Activities:

a) An activity described as a Restricted Discretionary Activity that does not comply with a Restricted Discretionary Activity Standard and Term;

b) Earthworks that are:i) Associated with activities listed as a Discretionary Activity in Rule 5A.7 Discretionary Activity

Rules or;ii) Not associated with a Permitted or Restricted Discretionary Activity within a Category 1 SEA;

c) Earthworks that;i) Are associated with activities listed as a Discretionary Activity in Rule 6A.5 Discretionary Activity

Rules;ii) Alter the existing ground level within Important Amenity Landscapes Plan Area in excess of 1

metre;

d) Earthworks that do not comply with Rule 4C.2.5 – Coastal Hazard Erosion Plan Area (CHEPA);

e) Earthworks within the Conservation Zone not associated with Minor Public Recreational Facilities and Activities and Beach Replenishment, Nourishment and Restoration Activities;

f) Landfill;

g) Quarrying; other than that listed as a Restricted Discretionary Activity in Rule 4C.3 e);

h) Earthworks which are not a Permitted, Restricted Discretionary or Non-Complying Activity.

4C.4.1 Assessment of Discretionary Activities

In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council shall consider any relevant matter with particular regard to the relevant objectives and policies of the Plan.

2 December 2017


4C.5 Non-Complying Activity RulesThe following are Non-Complying Activities:

a) Earthworks associated with activities listed as a Non-Complying Activity in Rule 5A.8 Non-Complying Activity Rules;

b) Earthworks associated with activities listed as a Non-Complying Activity in Rule 6A.6 Non-Complying Activity Rules;

c) Earthworks that alter the existing ground level within Outstanding Natural Features and Landscapes in excess of 1 metre;

d) Earthworks within the High-Voltage Transmission Plan Area – Support Structure Zone that do not comply with Rule 4C.2.9 – High-Voltage Transmission Plan Area;

e) Earthworks within the Escarpment Area – Gargan Road Diagram 10, Section 5, Plan Maps (Part B): Tauriko Business Estate Outline Development Plan that do not comply with Permitted Activity Rule 18A.14.2.5 – Escarpment Area – Gargan Road.

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4 General Rules Provisions 9 September 2013 Section 4C Page 10 of 102 December 2017

4 General Rules Provisions 9 September 2013 Section 4D Page 1 of 8

Section 4D

4D Purpose of Sign ProvisionsSigns inform the general public of the availability of goods, services or forthcoming events, provide identification of a particular site or premises, or provide directions for traffic or pedestrian movement.

The size, location and nature of signs can have effects on the visual amenity of buildings, sites or areas where they are displayed. In addition, signs can become obtrusive and/or provide a distraction to motorists, particularly when they are illuminated.

The rules included in the Plan are intended to ensure signs are consistent with the landscape character and amenity values of the area within which they are located and to ensure that signs do not adversely affect the safety of motorists or pedestrians.

4D.1 Objectives and Policies for Signs

4D.1.1 Objective – Signs

Signs are of a size, design and duration that meet the community’s needs while avoiding adverse effects on landscape character, amenity, heritage values and the safe and efficient functioning of the transport network.

4D.1.1.1 Policy – Sign Location

By ensuring the location, size, design and illumination of a sign is not detrimental to the landscape characterand amenity of the zone in which it is located, or any sensitive zone adjacent to or opposite the site.

4D.1.1.2 Policy – Temporary Signs

By providing for the erection of temporary signs and ensuring their number, size, location and duration of display avoids or mitigates adverse effects on traffic safety.

4D.1.1.3 Policy – Signs on Heritage Buildings

By managing the erection of signs on heritage buildings to ensure that the design and location of signs do not adversely affect the heritage values of those buildings.

4D.1.1.4 Policy – Signs and Traffic Safety

By ensuring the location, design and illumination of signs within and adjoining the transport network:

a) Do not obstruct driver vision or create driver confusion or hazardous situations for users of the road network (particularly the strategic road network);

b) Do not reduce the visibility or effectiveness of a traffic sign or traffic-control device.


4D.2 Permitted Activity Rules

Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity unless stated otherwise.

4D.2.1 Temporary Signs (Excluding the Road Zone)a) These rules shall not apply to signs erected for occupational health and safety purposes as required

under other legislation;

b) Any illuminated sign shall comply with Rule 4G.2.1 – Residential, Rural-Residential, Rural and Education Centre Zones and Rule 4G.2.2 – Commercial, Industrial and Open Space Zones;

c) Temporary signs shall comply with the following: i) Real Estate Signs: Displayed while the property is on the market and shall be removed no later

than two weeks after the property has been sold; ii) Construction Site Signs: Must relate to a construction project on-site and shall be removed no

later than two weeks after construction has been completed; iii) Local Election Signs: May be displayed 6 weeks before the election and must be removed no

later than midnight on the day preceding election/polling day; iv) Event Sign: May be displayed within a period of no more than 4 weeks before the event, and

must be removed no later than 3 days after the event.

d) Temporary signs within the City Centre Waterfront Sub Zones shall comply with the provisions relating to signs of the zone in which it is to be erected. In circumstances where these may conflict with the special Permitted Activity conditions in the City Centre Waterfront Sub Zones, the latter rule shall apply. The following duration standards shall apply for temporary signs within the City Centre Waterfront Sub Zones:i) Event-Related Sign: May be displayed within a period of 8 weeks before to 3 days after the

event;ii) Local Election Signs: May not be displayed within the City Centre Waterfront Sub Zone.

4D.2.2 Temporary Signs (in relation to State Highways)Where a temporary sign is located on a site adjoining the State Highway and the sign face is visible from the

State Highway then the following shall apply:

a) One temporary sign is permitted per site;

b) Any illuminated temporary sign shall comply with Rule 4G.2.1 – Residential, Rural-Residential, Rural and Education Centre Zones and Rule 4G.2.2 – Commercial, Industrial and Open Space Zones;

c) Any temporary sign shall not use reflective materials, variable, flashing, rotating or animated parts;d) The maximum area and height of any signage shall not exceed:

i) For residential zones an area of 2.5m2 and a height of 4 metres;

ii) For all other zones the maximum area and height for the corresponding permanent sign type (e.g. attached to a building; freestanding) permitted in the zone;

e) Temporary signs shall comply with the following:

i) Real Estate Signs: Must relate to the property they are displayed on and shall only be displayed while the property is on the market and shall be removed no later than two weeks after the property has been sold;

ii) Construction Site Signs: Must relate to a construction project occurring on the site and shall be removed no later than two weeks after the construction project has been completed;

iii) Local Election Signs: May be displayed 6 weeks before the election and must be removed no later than midnight on the day preceding election/polling day;

iv) Event Sign: May be displayed for a period of no more than 4 weeks before the event, and must be removed no later than 3 days after the event.

f) All signs that require a building consent, or that otherwise fall under the definition of building in this Plan, shall comply with the rules relating to location, height and overshadowing of buildings for the zone in which they are located.

g) For the avoidance of doubt these rules shall not apply to signs erected for occupational health and safety purposes as required under other legislation.

h) For the avoidance of doubt a segregation strip shall be considered to form part of the State Highway.

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4D.2.3 Permanent Signs

These rules shall not apply to signs erected for occupational health and safety related purposes as required under other legislation.

4D.2.3.1 Signs and Built Heritage

a) Signs attached to, or on the same site as, an item listed on the Appendix 7A: Register of Built Heritageshall be no greater than 0.5m

2;

b) Illuminated signs shall be designed to comply with Rule 4G.2.1 – Residential, Rural-Residential, Rural and Education Centre Zones and Rule 4G.2.2 – Commercial, Industrial and Open Space Zones.

4D.2.3.2 Residential Zones (excluding Ngati Kahu Sub-Zones), Rural-Residential Zone and Rural Zones

a) The maximum height and area of any sign shall be:i) For a freestanding sign, including structures used to support it or that in themselves act as a

freestanding sign:

Maximum number 1 per site; or

2 per frontage for schools

Maximum height 4m

Maximum sign area 1m²; or

1m² per 25 metres of road frontage up to 3m² per sign for schools

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

ii) For signs serving a residential activity and attached to a building:

Maximum number 1 per site

Maximum sign area per site: 0.5m²

iii) For signs serving a non-residential activity and attached to a building:

Maximum number 1 per site

Maximum sign area: 2m²

b) Any permanent sign shall relate only to the activities located on the site;

c) Any illuminated sign shall be designed and operated in accordance with Rule 4G.2.1 – Residential, Rural-Residential, Rural and Education Centre Zones;

d) Signs animated by means of moving parts or illuminated by means of flashing, blinking or moving lights or lasers shall not be located within 15 metres of an official traffic sign or traffic-control device.

2 December 2017


4D.2.3.3 Ngati Kahu Papakainga Zone – Sub-Zone A and Commercial (Waewae) Sub-Zone

a) The maximum height and area of any sign shall be:i) For a freestanding sign, including structures used to support freestanding signs or that in

themselves act as a freestanding sign:

Maximum number 8 per sub-zone

Maximum height 4m

Maximum sign area 1m2

Location Anywhere within the zone

ii) For signs serving a residential activity and attached to a building:

Maximum sign area per house 0.5m2

iii) For signs serving a non-residential activity and attached to a building:

Maximum sign area 2.5m2

b) Any permitted sign shall relate only to the permitted activities located on the site;

c) Any illuminated sign shall be designed to comply with Rule 4G.2.1 – Residential, Rural-Residential, Rural and Education Centre Zones.

2 December 2017


4D.2.3.4 Commercial, Industrial & Baypark Zones (excluding Tauriko)

a) The maximum height and area of any sign shall be:i) For a freestanding sign (except where Rule 20A.3.5 – Signs applies):

ii) For signs not fixed permanently to the site and located within a required setback yard facing or adjoining a sensitive zone; or located within the streetscape required by Rule 17A.11.3 Streetscape the maximum total area for a sign or signs shall be 2.5m2. This rule shall not apply in instances where a site faces a sensitive zone and is separated from that sensitive zone by an Expressway Motorway or Primary Arterial as defined by the Road Hierarchy Plan, Section 5, Plan Maps Part B;

iii) For signs on, or attached to buildings the sign shall not protrude more than 1 metre from the profile of the building on which it is painted or attached;

iv) For signs attached to verandahs:

Minimum height above public footpath or road:

2.5m

Maximum height above the verandah:

2.5m

v) For sky sign attached to a building:

Maximum height: The maximum height for the zone in which the sign is located, or 3m above the height of the building to which it is attached, whichever is the lesser.

b) Illuminated signs shall be designed and operated in accordance with Rule 4G.2.2 – Commercial, Industrial and Open Space Zones;

c) All signs requiring a building consent, or that otherwise fall under the definition of building in the Plan, shall comply with the rules relating to location, height and overshadowing of buildings for the zone in which they are located;

Maximum height: The maximum height for the zone in which the signis located.

Maximum total area for a sign or signs where thesign is:

Located in a required set-back yards on a sitefacing or adjoining sensitive zones; or

Located within the streetscape required by Rule 17A.11.3 Streetscape.

For all sites, this rule shall not apply in instances where a site faces a sensitive zone and is separated from that sensitive zone by an Expressway Motorway or Primary Arterial as defined by the Road Hierarchy Plan, Section 5, Plan Maps Part B; or

For a site opposite a sensitive zone and separated by a Secondary Arterial as defined by the Road Hierarchy Plan, Section 5, Plan Maps Part B, this rule shall not apply provided the site is occupied by a service station. Each face of the sign shall be located at right angles to any Secondary Arterial road boundary that adjoins the site. See Appendix 4R: Orientation requirements for Service Station signs on sites that adjoin Secondary Arterials.

2.5m2

Maximum area for other freestanding signs. No limit subject to compliance with the bulk and location requirements for the zone in which the signis located.

2 December 2017


d) No sign that is animated by means of moving parts or illuminated by means of flashing, blinking or moving lights or lasers shall be located within 15 metres of an official traffic sign or traffic-control device.

4D.2.3.5 Road Zone

a) Unless otherwise provided for, signs in the Road Zone are controlled by Council Bylaws and/or the New Zealand Transport Agency;

b) No sign that is animated by means of moving parts or illuminated by means of flashing, blinking or moving lights or lasers shall be located within 15 metres of a traffic-control device.

4D.2.3.6 Tauriko Commercial Zone and Tauriko Industry Zone (rules applicable to all signs including convenience centre signs)

a) For any site, signs shall not exceed any combination of the following:i) One freestanding, double-sided sign not exceeding 10 metres in height, or the maximum height

for the zone, whichever is the lesser, and up to 2 metres in width;ii) One freestanding sign not exceeding 3 metres in height and 2 metres in width for every 30

linear metres of road frontage;iii) Signs, whether painted or attached, covering up to 30% of the total wall area of the building,

within the profile of the building, subject to iv) below;iv) Where the sign faces the Pyes Pa West residential area or Belk Road rural area the sign,

whether painted or attached, shall not exceed an area in excess of 10% of the total wall area of the building, within the profile of the building. For the purposes of this rule, a sign is considered to face an area if the outside face of the sign is parallel to or at an angle of 45° or less to the boundary of the zone opposite;

b) No signs shall be placed on or above any building roof, ridgeline or parapet;

c) Any illuminated sign shall be designed and operated in accordance with Rule 4G.2.2 – Commercial, Industrial and Open Space Zones;

d) No sign shall be placed within a Visual Mitigation Buffer, Escarpment Area, Stormwater Management Area, Zone Interface 10 metre Planted Buffer Strip or 5 metre Planted Buffer Strip, or Visual Extension of a Green Connector, or the Greenbelt Zone (with the exception of interpretive or directional signsassociated with the use of public open space).

4D.2.3.7 Composite Signs

a) Within a Landmark Entry Treatment location identified on the Diagram 10, Section 5, Plan Maps (Part B) Tauriko Business Estate Outline Development Plan, one composite sign may be erected subject to the following:i) A design theme for the sign has been approved as part of a subdivision consent for the

Landmark Entry Treatment as shown on the Urban Design Plan;ii) The sign is a single, double-sided sign not exceeding 10 metres in height, or the maximum

height for the zone, whichever is the lesser, and up to 3 metres in width;iii) The sign is not located on any public road or other public open space;iv) The sign is not located within 200 metres of the intersection of Taurikura Drive and Belk Road;

b) Any illuminated sign shall be designed and operated in accordance with Rule 4G.2.2 – Commercial, Industrial and Open Space Zones.

4D.2.3.8 Open Space Zones

The erection of signs within these zones shall be permitted where they have otherwise been approved by the Council under its policies on reserve signage.

2 December 2017


4D.2.3.9 Education Centre Zones

a) The maximum height and area of any sign shall be:i) Freestanding sign;

Maximum height 4m

Maximum sign area 2.5m²

ii) The maximum sign area per activity shall be 2.5m² for signs serving activities in the zone and attached to a building;

b) Any permitted sign shall relate only to the Permitted Activities located on the site;

c) No sign shall be illuminated.

2 December 2017


4D.3 Restricted Discretionary Activity RulesThe erection of signs that do not comply with a Permitted Activity Rule is a Restricted Discretionary Activity.

4D.3.1 All Zones

In considering signs that do not comply with Rule 4D.2.1 – Temporary Signs (Excluding the Road Zone), 4D.2.2 – Temporary Signs (in relation to State Highways) and Rule 4D.2.3 – Permanent Signs (excluding Rule 4D.2.3.1 – Signs and Built Heritage) Council restricts the exercise of its discretion to the following matters:

a) The Objective and Policies for signs;

b) Whether the scale and design of the sign is compatible with the landscape character of the zone within which the sign is located;

c) Whether the scale and design of the sign is compatible with the landscape character of any adjoining or adjacent sensitive zone;

d) The impact of the sign on the amenity values of any adjoining or adjacent sensitive zone;

e) The extent to which a sign is likely to give rise to a distraction to pedestrians, cyclists and motorists, or create situations which are hazardous or dangerous to the safe and efficient functioning of the transport network.

4D.3.2 Heritage

In considering activities that do no comply with Rule 4D.3.2.1 – Signs and Built Heritage the Council restricts the exercise of it its discretion to the following matters:

a) Ensuring the design of the sign (including materials and lettering) and method of illumination is sympathetic to the heritage values of the building;

b) Ensuring the methods of attaching the sign to the building minimize the potential for damage;

c) Any recommendations of the Historic Places Trust where consultation with the Trust has occurred.

4D.4 Discretionary Activity RulesAny activity which is not Permitted or a Restricted Discretionary Activity is a Discretionary Activity.

4D.4.1 Assessment of Discretionary Activities


2 December 2017

4 General Rules Provisions 9 September 2013 Section 4E Page 1 of 12

Section 4E

4E Purpose of Noise ProvisionsNoise is an environmental effect that has the potential to cause annoyance and affect health. It is often identified as a nuisance in the local environment and is a frequent cause of complaints, often related to reverse sensitivity.

Ambient noise levels vary across the City which is reflective of a varied built environment that includes an airport, port, strategic road infrastructure, rail networks and mix of residential, rural, commercial and industrial activities. Noise emission is an intrinsic part of the operation and function of these activities.

As these activities all generate their own noise levels, the Plan recognises and identifies the level of noise that is considered reasonably acceptable for the day-to-day operation of these activities for the zone in which they are located.

4E.1 Objectives and Policies for Noise

4E.1.1 Objective – Noise

The generation of noise is reasonable for the nature and scale of individual activities, recognising the purpose and character of the underlying zone whilst minimising annoyance and disturbance on surrounding activities and sensitive zones.

4E.1.1.1 Policy – Noise from Non-Residential Activities

By ensuring non-residential activities and roadside cabinets do not generate noise levels normally considered unacceptable in sensitive zones, or create noise levels which are unreasonable for occupiers of adjoining or adjacent properties.

4E.1.1.2 Policy – Mitigation of Cumulative Noise Effects at Tauriko

By ensuring that activities carried out in the Commercial Zones and Industrial Zones at Tauriko avoid the creation of cumulative adverse effects on residential activities in the surrounding area.

4E.1.1.3 Policy – Rural Noise and Disturbance

Recognising that Rural Zones are a working environment and that noise generated in Rural Zones is consistent with the type of rural land uses that could be reasonably expected to occur in that zone.

4E.1.1.4 Policy – Airport and Port Noise

By providing for the day-to-day operations of airport and port activities through recognising their specific noise generating characteristics, while ensuring that noise does not adversely affect the amenity of surrounding land uses.

4E.1.2 Objective – Reverse Sensitivity

To avoid noise-sensitive activities where they will be located in existing high-noise environments and the adverse effects of that noise cannot be reasonably mitigated.

4E.1.2.1 Policy – Reverse Sensitivity: Residential Activities in Commercial Zones

By ensuring that residential activities provided for in the Commercial Zone are acoustically designed and constructed to mitigate noise received from non-residential activities in that zone.

4E.1.2.2 Policy – Reverse Sensitivity: Activities in Proximity to the Port, Rail Network and Airport

By ensuring that the location of noise-sensitive activities, and extensions to those activities, are managed or avoided where they are likely to be situated in a location that could affect the day-to-day operations of portand airport activities or the rail network through reverse sensitivity.

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4E.1.2.3 Policy – Reverse Sensitivity: Residential Dwellings in proximity to the Strategic Road Network (excluding secondary arterial roads) or a New Zealand Transport Agency designation

By ensuring that new residential dwellings or extensions and alterations to existing residential dwellings are designed or located in a way that avoids or mitigates adverse reverse sensitivity effects on the strategic road network (excluding secondary arterial roads).


4E.2 Permitted Activity Rules

Note: For Noise associated with temporary activities refer to Rule 4F.2 – Permitted Activity Rules.


4E.2.1 Residential Zones and Rural Residential Zonea) Activities on sites within these zones, excluding a residential activity or helicopter landing and takeoff

associated with hospital emergencies, shall not exceed the following noise levels within the boundaryof any other site in any zone other than a Commercial Zone or Industrial Zone:

Control Hours Noise Level

daytime 50 dBA Leq

night-time 40 dBA Leq and 70 dBA Lmax

b) Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.2 Rural Zonesa) Activities on sites within this zone, excluding activities associated with the management of primary

production, forestry and harvesting of forestry and factory farming, shall not exceed the following noise levels, within the boundary of any site in any zone other than a Commercial Zone or Industrial Zone, or at any point within the notional boundary of any dwelling not on the subject site:


daytime 55 dBA Leq

night-time 45 dBA Leq and

75 dBA Lmax


4E.2.3 Commercial and Industrial Zones (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone)

a) Activities in these zones, other than aircraft operations, shall not exceed the following noise levels within the boundary of any site within a Residential Zones, Rural Residential Zone, Urban Marae Community Zone or Rural Zone:

Control Hours and Noise Levels

Zone Daytime Night-time

Commercial Zones 50 dBA Leq 40 dBA Leq and

70 dBA Lmax

Industrial Zones(excluding Port Industry Zone)

55 dBA Leq 45 dBA Leq and

70 dBA Lmax

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b) The noise level from activities on a site in the Commercial Zone or Industrial Zone shall not exceed the following limits, within the boundary of any other site in the Commercial Zone or Industrial Zone:


At any time 65 dBA Leq

night-time 85 dBA Lmax

c) Every residential building within the Commercial Zones shall be designed, sited and constructed to ensure noise from non-residential activities that complies with the limits in Rule 4E.2.3 a) –Commercial and Industrial Zone (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone) will not exceed 35 dBA Leq 24 hours in bedrooms and 40 dBA Leq 24 hours in all other habitable rooms.

d) Where mechanical ventilation is required the combined noise level from the mechanical ventilation system shall not exceed the limits of this rule.

e) The internal noise level received from a business activity shall be calculated assuming that theexternal façade noise levels are those of the relevant limits of Rule 4E.2.3 a) and c) – Commercial and Industrial Zone (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone);

f) An acoustic design report prepared by a suitably qualified and experienced engineer shall be provided, demonstrating compliance with Rule 4E.2.3 c) – Commercial and Industrial Zones (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone);

g) Approved Occupational Safety and Health (OSH) safety devices are exempt from compliance with the noise limits of these rules during the daytime only;

h) Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.3.1 Special Noise Control Limits for Courtney Road

Notwithstanding Rule 4E.2.3 a) and c) – Commercial and Industrial Zones (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone), the noise level from activities on Lots 1, 2, 3, 4, 49 DPS2174 shall not exceed the following noise limits within the boundary of any Suburban Residential zoned site:


0700 to 1800 55 dBA Leq

1800 to 070040 dBA Leq and

75 dBA Lmax

4E.2.3.2 Special Noise Controls for Bethlehem Commercial Plan Area

a) Notwithstanding Rule 4E.2.3 a) and c) – Commercial and Industrial Zones (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone), the noise level from all activitiesshall not exceed the following limits:i) Within the boundary of any Residential Zones:


daytime 50 dBA Leq

night-time40 dBA Leq and

70 dBA Lmax

2 December 2017


ii) An acoustic design report, prepared by a suitably qualified engineer, shall be submitted, demonstrating design measures to be undertaken to enable compliance with these noise levels before the start of the activity on the site;

iii) All service deliveries by heavy service vehicles (including a truck or other vehicle having a gross tare weight of 3 tonnes or more) using the Bethlehem Road vehicle access point shall be carried out between 0700 and 2200 hours daily.

4E.2.4 Tauriko Commercial and Industry Zonea) Activities in these zones, shall not exceed the following noise levels within the boundary of any site

within a Residential Zones, Rural Residential Zone or Rural Zones:

Control Hours and Noise Levels

Zone Daytime Night-time

Tauriko Commercial Zone


70 dBA Lmax

Tauriko Industry Zone


70 dBA Lmax

b) Activities within the Tauriko Industry Zone shall not exceed the following limits within the boundary of any site within the Tauriko Industry Zone, Tauriko Commercial Zone or Greenbelt Zone:

Control Hours Noise level

daytime 65 dBA Leq


80 dBA Lmax

c) Prior to commencement of any land use within 100 metres of any dwelling existing as at 10 December 2005 on a Rural zoned property an acoustic report, prepared by a suitably qualified acoustic engineer shall be submitted to the Council to:i) Outline the range of activities that will occur on the site and their potential noise levels and

mitigation/management measures that will be implemented to demonstrate compliance with Rule 4E.2.4 a) and b) – Tauriko Commercial and Industry Zone.

d) Approved Occupational Safety and Health (OSH) safety devices are exempt from compliance with the noise limits of Rule 4E.2.4 a) and b) – Tauriko Commercial and Industry Zone during the hours of 0700 - 2200 only.

4E.2.5 Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency designation

Note: Activities may also be subject to other acoustic requirements under other rules in Chapter 4, Section 4E – Purpose of Noise Provisions.

Note: The requirements of Clause G4 of the New Zealand Building Code will apply at the same time as to the requirements of Rule 4E.2.5 – Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or New Zealand Transport Agency Designation.

a) For properties within the NZTA (New Zealand Transport Agency) Reverse Sensitivity Plan Area shown on the Plan Maps (Part B):

2 December 2017


i) Any new dwelling shall meet an internal road-traffic design sound level of 40dB LAeq(24h) inside all habitable rooms with ventilating windows open:

ii) Any addition, extension or alteration to an existing dwelling (excluding garaging) which exceeds 25% of the existing gross floor area shall be designed and constructed to achieve a maximum internal road-traffic design sound level of 40dB LAeq(24h) inside all habitable rooms being added to, altered or extended with ventilating windows open; and

b) An acoustics design report from a suitably qualified and experienced acoustics expert shall be provided to the Council demonstrating compliance with Rule 4E.2.5(a) – Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation prior to the commencement of construction; or

c) New dwellings or additions, extensions or alteration to an existing dwelling which exceed 25% of the existing gross floor area shall comply with the following:i) The windows of all habitable rooms shall be constructed with glazing that includes a laminated

pane that is at least 6.38mm thick and covers the glazed area; andii) A ventilation system shall be installed in accordance with Rule 4E.2.5(d) – Managing Reverse

Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or New Zealand Transport Agency Designation.

Note: An acoustic design report will not be required for compliance with Rule 4E.2.5(c) – Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation

d) A ventilation system installed under Rule 4E.2.5(c)(ii) - Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation shall comply with one of the following;i) Consist of an air conditioning unit(s) provided that the noise level generated by the unit(s) must

not exceed 40dB LAeg(30s) in the largest habitable room (excluding bedrooms) and 35dB LAeg(30s)

in all other habitable rooms; when measured 1 metre away from any grille or diffuser; orii) A system capable of providing at least 15 air changes per hour in the largest habitable room

(excluding bedrooms) and at least 5 air changes per hour in all other habitable rooms; andiii) The noise level generated by the system must not exceed 40dB LAeg(30s) in the largest habitable

room (excluding bedrooms) and 35dB LAeg(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and

iv) The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation; and

v) Where a high air flow rate setting is provided, the system must be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the high setting.

e) Rule 4E.2.5 (a), (b) and (c) - Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation do not apply to any new residential dwelling or addition, extension or alteration to an existing residential dwelling if;i) The nearest façade of the dwelling is at least 50 metres from any strategic road (excluding

secondary arterial roads) and there is a solid building, fence, wall or landform that blocks the line of sight from all parts of all windows and doors to habitable spaces to any part of the road surface of any strategic road (excluding secondary arterial roads): or

ii) It can be demonstrated by way of prediction or measurement by a suitably qualified and experienced acoustics expert that the road-traffic noise level from any strategic road (excluding secondary arterial roads) is less than 55 dB LAeg(24h) on all facades of any addition, extension or alteration, or new dwelling which fronts a strategic road (excluding secondary arterial roads).

2 December 2017


4E.2.6 The Rail Network – Managing Reverse Sensitivity Effects

Note: Activities may also be subject to other acoustic requirements under other rules in Chapter 4, Section 4E – Noise.

Note: The requirements of Clause G4 of the New Zealand Building Code will apply at the same time as to the requirements of Rule 4E.2.6 – The Rail Network – Managing Reverse Sensitivity Effects.

a) For noise sensitive activities within the KiwiRail Reverse Sensitivity Plan Area shown on the Plan Maps (Part B):i) Any new dwelling shall meet an internal rail traffic design sound level of 40dBLAeq(1h) inside all

habitable rooms except for bedrooms which shall achieve an internal rail traffic design sound level of 35dBLAeq(1h) with at least one ventilating window open;

ii) All other noise sensitive activities shall meet an internal rail traffic design sound level of 40dBLAeq(1h) with at least one ventilating window open;

iii) Any addition, extension or alteration to an existing noise sensitive activity which exceeds 10% of the existing gross floor area shall be designed and constructed to achieve a maximum internal rail traffic design sound level of 40dBLAeq(1h) inside all habitable rooms (except for bedrooms which shall achieve an internal rail traffic design sound level of 35dBLAeq(1h)), classrooms or consultancy rooms being added to, altered or extended with at least one ventilating windowopen; and

b) For residential activities and visitor accommodation within the KiwiRail Reverse Sensitivity Plan Area an acoustics design report from a suitably qualified and experienced acoustics expert shall be provided to the Council demonstrating compliance with Rule 4E.2.6(a) – The Rail Network – Managing Reverse Sensitivity Effects prior to the commencement of construction; or

c) New noise sensitive activities or extensions or alterations to an existing noise sensitive activity which exceed 10% of the gross floor area shall comply with the following:i) The windows of all habitable rooms shall be constructed with glazing that includes a laminated

pane that is at least 6.38mm thick and covers the glazed area; andii) A ventilation system shall be installed in accordance with Rule 4E.2.6(d) – The Rail Network –

Managing Reverse Sensitivity Effects.

d) A ventilation system installed under Rule 4E.2.6(c)(ii) – The Rail Network – Managing Reverse Sensitivity Effects shall comply with one of the following:i) Consist of an air conditioning unit(s) provided that the noise level generated by the unit(s) must

not exceed 40dBLAeq(30s) in the largest habitable room (excluding bedrooms) and 35dBLAeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; or

ii) A system capable of providing at least 15 air changes per hour in the largest habitable room(excluding bedrooms) and at least 5 air changes per hour in all other habitable rooms; and

iii) The noise level generated by the system must not exceed 40dBLAeq(30s) in the largest habitable room (excluding bedrooms) and 35dBLAeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and

iv) The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation; and

v) Where a high air flow rate setting is provided, the system must be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the high setting.

4E.2.7 Port Industry Zone and Noise Control Boundary Requirementsa) The long-term average sound level (Ldn) from all activities within the Port Industry Zone shall not

exceed 55 dBA at any point outside the 55 dBA noise control boundary (Diagram 4, Section 5, Plan Maps Part B ), nor 65 dBA at any point outside the 65 dBA noise control boundary;

b) No single 15-minute sound measurement level shall exceed 65 dBA Leq between 2200 and 0700 at any point outside the 65 dBA noise control boundary;

c) The night-time maximum sound level (Lmax) shall not exceed 85 dBA at any point outside of the 65 dBA noise control boundary;

2 December 2017


d) Between the 55 dBA Ldn and 65 dBA Ldn noise control boundaries (Diagram 4, Section 5, Plan Maps Part B), additions to existing buildings beyond 25% of existing gross floor area, new residential activities, visitor accommodation, homestay, schools and tertiary education premises and health centres shall meet the following requirements:i) All habitable room(s) shall be designed by a suitably qualified acoustic engineer to achieve 45

dBA Ldn within that room. Where exterior windows and/or doors need to be closed to achieve this internal level a ventilation system shall be provided that is capable of providing an airflow that is controlled within the range of 5 to 10 air changes per hour throughout the habitable rooms of the building. For the avoidance of doubt the internal design of 45 dBA Ldn shall include noise from both the Port Industry Zone and any ventilation system operating at its design rating.

e) Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS6809:1999 Acoustics – Port Noise Management and Land Use Planning.

4E.2.8 Special Use Zone – Bayparka) All activities, including any temporary activity (but not Military Training Activities), shall not exceed the

following noise levels within the boundary of any site within a Suburban Residential, Rural or Rural Marae Community Zone:


daytime 55 dBA Leq

night-time45 dBA Leq and

70 dBA Lmax

unless otherwise specified in Rule 20A.3.8 - Special Baypark Permitted Activity Rules – Speedway Racing, Activities and Events and Rule 20A.3.9 - Special Baypark Permitted Activity Rules – Activities and Events (other than Speedway Racing, Activities and Events).

b) The noise level from activities within the Special Use Zone - Baypark shall not exceed the following limits within the boundary of any site zoned Industrial;




c) Rule 4E.2.8 a) – Special Permitted Activity Rules Speedway Racing, Activities and Events shall not apply to helicopter landing and takeoff associated with hospital emergencies and civil defence emergencies;

d) All sound levels shall be measured in accordance with NZS 6801:2008 Accoustics - Measurement of Environmental Sound and assessed in accordance with NZS 6801:2008 Accoustics - Environmental Noise, unless otherwise specified in Chapter 20: Special Use Zone - Baypark.

4E.2.9 Airport Noisea) Aircraft operations at Tauranga Airport within the Tauranga Airport Designation (Number C101) shall

be conducted to ensure that the sound level (Ldn) does not exceed 65 dBA at, or outside, the Air Noise Boundary as shown on Diagram 3, Section 5, Plan Maps (Part B);

b) The daily Lbdn shall be measured in accordance with the methods described in NZS 6805:1992 Airport Noise Management and Land-Use Planning and shall be averaged logarithmically over a 3-month period.

4E.2.10 Open Space Zonesa) The noise level from all activities in these zones shall not exceed the following noise limits within the

boundary of Residential Zones, the Future Urban Zone or the Rural Residential Zone:

2 December 2017



daytime 45 dBA Leq


55 dBA Lmax

b) Rule 4E.2.10 a) – Open Space Zones shall not apply to outdoor recreational activities provided for as Permitted Activities in these zones;

c) Every activity shall be conducted to ensure the activity, as well as traffic and people movement generated by the activity, is limited to between 0700 and 2200 Sunday to Thursday, and 0700 and 2400 Friday and Saturday;

d) All activities within Tauranga Bridge Marina and Tauranga Marinai) shall not exceed the following limits, either at or within the boundary of the Residential Zones.


daytime 50dBA Leq

night-time 40dBA Leq and

70dBA Lmax

ii) shall be conducted to ensure noise from the site shall not exceed the following limits:




e) Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.11 Education Centre Zonesa) The noise level from all activities, shall not exceed the following limits within the boundary of any other

site in any other zone other than a Commercial Zone or Industrial Zone:


daytime 50 dBA Leq


70 dBA Lmax


4E.2.12 Road Zonea) Activities in the Road Zone are not subject to any noise restrictions except where Rule 4E.2.11 –

Cabinets within the Road Zone applies;

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4E.2.13 Cabinets within the Road Zonea) Cabinets located within the Road Zone that adjoin any:

i) Sensitive Zone;ii) Outstanding Natural Features and Landscape;iii) Important Amenity Landscape; iv) Special Ecological Areashall not exceed the following limits within the boundary of those sites:


daytime 50 dBA Leq


65 dBA Lmax

b) Cabinets located within the Road Zone that do not adjoin any:i) Sensitive Zone;ii) Outstanding Natural Features and Landscape;iii) Important Amenity Landscape;iv) Special Ecological Areashall not exceed the following limits within the boundary or any other site:




c) Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics - Measurement of Sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental Noise, or any superseding codes of practice and/or standards.

4E.2.14 Construction Noisea) Construction noise from a site in any zone within the City shall not exceed the limits recommended in,

and shall be measured and assessed in accordance with, NZS 6803:1999 Acoustics Construction Noise;

b) For construction activities being undertaken from 20 December – 10 January (inclusive) within the Mount Maunganui area from Adams Avenue to Grace Avenue, noise levels shall not exceed Rule 4E.2.1 – Residential Zones and Rural-Residential Zone.

2 December 2017


4E.3 Restricted Discretionary Activity RulesThe following are Restricted Discretionary Activities:

a) The erection of new or extensions to existing residential activities, schools and tertiary education premises and health centres between the Air Noise Boundary and the Outer Control Boundary as shown on Diagram 3, Section 5, Plan Maps (Part B);

b) Activities that do not comply with Rule 4E.2 – Permitted Activity Rules.

4E.3.1 Restricted Discretionary Activities – Matters of Discretion and Conditions


a) The sensitivity of the receiving environment to the effects of the noise and the effects that noise will have on potential receivers, especially where the affected activity has a component where people need to sleep or concentrate;

b) The character of the locality or activities within the zone (including traffic and pedestrian activity) and level of background noise;

c) The location of the activity in relation to any nearby residential activities and the extent to which the noise generated will affect the amenity values of those surrounding residential activities;

d) The extent to which the design and location of the principal activity and any ancillary activitiesincorporate noise mitigation and management techniques to reduce noise levels;

e) Whether the activity will contribute to the cumulative effects of noise.

f) In considering activities that do not comply with Rule 4E.2.5 – Managing Reverse Sensitivity Effects on the Strategic Road network (excluding secondary arterial roads) or a New Zealand Transport Agency Designation:i) The matters in 4E.1.2 – Objective - Reverse Sensitivity and 4E.1.2.3 – Policy - Reverse

Sensitivity: Residential Dwellings in proximity to the Strategic Road Network (excluding secondary arterial roads) or a New Zealand Transport Agency designation;

ii) Whether the design, including location, and methods and construction techniques proposed are likely to avoid or mitigate reverse sensitivity effects on the strategic road network (excluding secondary arterial roads) or a New Zealand Transport Agency designation;

iii) Whether the proposed ventilation system will provide for a comfortable living environment; and iv) Conditions of consent to avoid or mitigate reverse sensitivity effects on the strategic road

network (excluding secondary arterial roads) or a New Zealand Transport Agency designation.

g) In considering activities that do not comply with Rule 4E.2.6 – The Rail Network – Managing Reverse Sensitivity Effects:i) The matters in 4E.1.2 – Objective - Reverse Sensitivity and 4E.1.2.2 – Policy - Reverse

Sensitivity: Activities in Proximity to the Port, Rail Network and Airport;ii) Whether the design, including location, and methods and construction techniques proposed are

likely to avoid or mitigate reverse sensitivity effects on the rail network;iii) Whether the proposed ventilation system will provide for a comfortable living environment; andiv) Conditions of consent to avoid or mitigate reverse sensitivity effects on the rail network or work

proposed under a rail designation.

4E.4 Discretionary Activity RulesAny activity which is not Permitted, or a Restricted Discretionary Activity, is a Discretionary Activity.

4E.4.1 Assessment of Discretionary Activities


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4 General Rules Provisions 9 September 2013 Section 4E Page 12 of 122 December 2017

4 General Rules Provisions 9 September 2013 Section 4FPage 1 of 8

Section 4F

4F Purpose of Temporary Activity ProvisionsTemporary events and uses such as, concerts, parades, festivals, meetings, or exhibitions occur on a regular basis throughout the City. The Plan needs to provide for such activities to recognise theircontribution to the community and creating a vibrant city. The temporary nature of such activities generally minimises the adverse effects the event may have on the surrounding environment. Consequently, many events of short duration are tolerated by parts of the community, while other members enjoy what the event has to offer.

To ensure that the number, scale and intensity of temporary events and uses does not increase to a level beyond which the effects of the event are more than of a temporary duration and have more than a minor effect, the following objectives, policies and rules intend to manage the effects of temporary events and uses and their operations.

In addition to community focused events, military training exercises are also provided for within the Plan with a set of clear parameters to ensure any adverse effects arising from military training exercises are avoided, remedied or mitigated.

4F.1 Objectives and Policies for Temporary Activities

4F.1.1 Objective – Temporary Activities

The provision of temporary activities and uses that meet the needs of the community and contribute to creating a vibrant city.

4F.1.1.1 Policy – Temporary Activities and Uses

By ensuring temporary activities and temporary commercial uses are of a scale, duration, intensity and frequency that do not have an adverse effect on landscape character and amenity values, or compromise the safe and efficient functioning of the surrounding transport network.

4F.1.1.2 Policy – Waterfront Temporary Activities

By enabling temporary activities to be established within the City Centre Waterfront Zone at a scale, duration, intensity and frequency which compliment the amenity values of surrounding mixed uses.


4F.2 Permitted Activity Rules

Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity unless stated otherwise.

Note: Where a temporary activity has direct access to a State Highway the New Zealand Transport Agency should be notified of that activity to determine any particular requirements that may be necessary for that activity.

4F.2.1 Temporary Activities – General (excluding City Centre Waterfront Sub Zone A & B and Mount Maunganui New Year’s Eve Celebrations)

All temporary activities shall:

a) Comply with the exterior lighting rules applicable to the zone in which it is to be located;

b) Comply with the hazardous substances rules and thresholds applicable to the zone in which it is to be located;

c) Comply with Rule 4B.2.7 – Site Access and Vehicle Crossings;

d) Where the activity will last for three consecutive days or more, submit a Traffic Management Plan to the Council before starting the activity. The plan shall include:i) All site entry and access points;ii) On-site parking layout;iii) Pedestrian routes and traffic control measures that address any safety issues;iv) Any methods (such as alternative modes of transport) to reduce travel demand;

e) Comply with the noise disturbance rules applying to the zone in which it is to be located with the exception that any amplified sound system associated with any public event, gala, meeting, etc. (excluding private domestic parties):i) Shall not, in the case of sound amplification systems where the principal purpose is

entertainment, be used earlier than 1000 hours and shall finish no later than 2230 hours Sunday to Thursday inclusive or 2300 hours Fridays and Saturdays, provided that sound testing of all sound systems including vocal checks by performers shall not cumulatively exceed 2 hours and shall not begin before 0900 hours on any day and shall be completed by 1900 hours on the day of the activity;

ii) The noise level arising from the activity measured within the boundary of any residentially zoned property shall not exceed 70dBA Leq and 75dBA Lmax;

iii) No more than 10 events using sound amplification systems, where the principal purpose of the event is entertainment through amplified sound, shall take place at any one location in any 12-month calendar year;

iv) Sound amplification systems, where the principal purpose of the event is entertainment through amplified sound, shall not be used for more than 1 day with a cumulative duration of not more than 12 hours for any one event;

v) Noise levels shall be measured and assessed in accordance with the requirements of NZS 6801:2008 Acoustics - Measurement of Environmental Sound and NZS 6802:2008 Acoustics –Environmental Noise;

f) Use of a caravan or other mobile form of accommodation for the purpose of providing accommodation for residential purposes on the same site shall not exceed more than 3 months of any calendar year;

g) Temporary activities (excluding activities listed in Rule 4F.2.1 (F) Temporary Activities – General (excluding City Centre Waterfront Sub Zone A & B and Mount Maunganui New Year’s Eve Celebrations) shall not remain on the subject site for longer than a period of 14 consecutive days in any calendar year;

h) Temporary buildings associated with the temporary activity shall not:i) Exceed 50m

2in floor area; and/or

ii) Remain on the site for longer than the duration of the activity or no longer than 30 consecutive days after the Code of Compliance Certificate for the subject building or construction works has been issued, where such a certificate is required by statute; or

iii) Remain in place for longer than 14 days where associated with a temporary activity located in the coastline under Rule 4F.2.1 k) - Temporary Activities – General (excluding City Centre Waterfront Sub Zone A & B and Mount Maunganui New Year’s Eve Celebrations);

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i) Rule 8C.3 – Restricted Discretionary Activity Rules shall not apply to a temporary activity providing the following conditions are met:i) The temporary structure shall be capable of being transported to the event by conventional

truck transportation and shall be fixed to the land in a way that ensures its stability and public safety;

ii) The temporary activity and associated structures are not likely to accelerate, worsen or result in material damage to that land, other land or any structure through inundation;

iii) The temporary activity and associated structures shall not in any way impede any flow of flood, inundation waters or overland flowpaths;

iv) Any temporary activities and associated structures that require a building consent must show how the structure is being protected from the effects of inundation and display that placement of the structure on the land will not have an off-site effect greater than the existing situation;

j) On completion of the temporary activity all associated structures shall be removed and the sitereinstated to the form and condition before the event;

k) Be exempt from the provisions of Chapter 5 – Natural Environment, Chapter 6 – Natural Features and Landscapes and Chapter 8 – Natural Hazards where they are located:i) On the Mount Main Beach from Mauao to Moturiki Island, subject to the requirements of Rule

4F.2.3 (d) – Temporary Activities – Mount Maunganui New Year’s Eve Celebrations;ii) Within 200 metres of the Omanu Surf Life Saving Club building;iii) Within 100 metres of the Tay Street public toilet block;iv) Within 200 metres of the Papamoa Surf Life Saving Club building;

l) Where the temporary activity is located in the Coastal Hazard Erosion Plan Area ensure that:i) Associated structures sit on the land and not be fixed to the land by means that require

excavation or construction of foundations to support the structure;ii) Associated structures shall be capable of being transported to the event by conventional truck

transportation and be constructed of materials which will not damage the coastal environment. The structure may, for the duration of the event, be fixed to the land by way of guy ropes or similar.

Note: Non-compliance with Rule 4F.2.1 l) –Temporary Activities – General (excluding City Centre Waterfront Sub Zone A & B and Mount Maunganui New Year’s Eve Celebrations) will result in the temporary activity being considered a Non-Complying Activity.

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4F.2.2 Temporary Activities within the City Centre Waterfront Sub-Zone A and B and Lots 1, 2, 3, 4 and 5 DPS 41228 (Masonic Park)

a) For temporary activities of 3 consecutive days or more in duration or for temporary activities of any duration likely to attract an audience of more than 5000 people a day, a Traffic Management Plan shall be supplied to the Council prior to the commencement of the activity. The Traffic Management Plan shall include (without limitation) all site entry and access points, parking layout, staging areas (if any), spectator areas, pedestrian routes and traffic control measures that address any safety issues. The Traffic Management Plan must be prepared in consultation with, and agreed to by, Council prior to commencement of the activity;

b) Noise received at or beyond the boundary of the City Centre Waterfront Sub-Zones and at any adjacent City Living Zone shall not exceed 70dBA Leq and 75dBA Lmax between 2200 and 0800 hours from sound amplification systems where the principal purpose is entertainment through amplified sound;

c) Noise received at the boundary of private properties within the City Centre Waterfront Sub-Zone shall not exceed 80dBA Leq and 85dBA Lmax;

d) The number of events using sound amplification systems, where the principal purpose of the event is entertainment through amplified sound, is not limited;

e) Individual carnivals, fairs, galas, public meetings, filming, concerts, sporting and other special events and associated temporary buildings, structures and temporary cell sites for mobile telephone use, shall remain on the subject site for no longer than a period of 60 calendar days. For the avoidance of doubt, the Council may fix a lesser duration than 60 calendar days for particular applications, with this process managed through its Events Planning Team;

f) Rule 8C.3 - Restricted Discretionary Activity Rules shall not apply to any temporary activity within the City Centre Waterfront Sub-Zone providing the following conditions are met:i) The temporary structure shall be capable of being transported to the event by conventional

truck transportation and shall be fixed to the land in a way that ensures its stability and public safety;

ii) The temporary activity and associated structures are not likely to accelerate, worsen or result in material damage to that land, other land or any structure through inundation;

iii) The temporary activity and associated structures shall not in any way impede any flow of flood, inundation waters or overland flowpaths;

iv) Any temporary activities and associated structures that require a building consent must show how the structure is being protected from the effects of inundation and display that placement of the structure on the land will not have an off-site effect greater than the existing situation;

v) On completion of the temporary activity all associated structures shall be removed and the site reinstated to the form and condition existing before the event.

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4F.2.3 Temporary Activities – Mount Maunganui New Year’s Eve Celebrations

Temporary activities that occur within the Mount Maunganui Main Beach area for the purpose of New Year’s Eve celebrations shall comply with the following:

a) Concerts (including associated structures) shall only occur within the defined events areas as shown in Appendix 4O – Events Area from 1930hrs on 31st December to 0300hrs on 1 January each year providing that:i) No more than five live music concerts are provided;ii) Amplified music for entertainment shall commence no earlier than 2000hrs on December 31st;iii) Sound amplification systems both together and individually shall not be used over a period of

more than one day with a cumulative duration of not more than 12 hours within that period;iv) All stages shall be orientated so that the speakers are facing out to sea, with the centre line of

the speakers no more than 5 degrees from right angles to the centre line of Marine Parade;v) Live music concert sound checks shall be between 1200hrs and 1700hrs on 31st December;vi) The maximum noise level, at a distance of 35 metres from the front of any stage, shall be

limited to a maximum of 95dBALeq or such lower maximum as the prior sound tests show as being necessary to achieve the noise contours shown in Appendix 4P – Noise Contours;

vii) Live music concerts shall finish by 0100hrs and any other events by 0200hrs;viii) Stages and associated structures shall be in the process of being dismantled by1200 hrs on 1st

January each year;

b) Temporary activities located on Mt Drury (Hopukiore) for purpose of the supply and consumption of liquor shall only operate between the Boxing Day and the first Sunday following the end of the Christmas/New Year statutory holiday period providing that:i) Any defined liquor area associated with the activity shall be limited to between 1200hrs to

2030hrs, except for New Years Eve each year when the hours of operation shall extend to 0030hrs;

c) Fireworks displays shall only be launched from Moturiki Island from within the flat area where Marineland was previously sited;

d) All temporary structures associated with the events shall be located “on top of land” and not fixed to land by means that require excavation of the land or construction of foundations to support the structure.

4F.2.4 Temporary Commercial Uses

Temporary commercial uses located within Open Space Zones shall be permitted where they have otherwise been approved by the Council under its policy for commercial activities on reserve land and shall:

a) Comply with noise requirements under Rule 4E.2.10 – Open Space Zones;

b) Comply with lighting requirements under Rule 4G.2.2 – Commercial, Industrial and Open Space Zones;

c) Be exempt from Rule 8C.3 – Restricted Discretionary Rules providing the following conditions are met:i) The temporary structure shall be fixed to the land in a way that ensures its stability and public

safety;ii) The activity and associated structures are not likely to accelerate, worsen or result in material

damage to that land, other land or any structure through inundation;iii) The activity and associated structures shall not in any way impede any flow of flood, inundation

waters or overland flowpaths;iv) Any activity and associated structures that require a building consent must show how the

structure is being protected from the effects of inundation and display that placement of the structure on the land will not have an off-site effect greater than the existing situation;

d) Where the activity is located within the Coastal Hazard Erosion Plan Area ensure that:i) Associated structures sit on the land and not be fixed to the land by any means that require

excavation or construction of foundations to support the structure;ii) Associated structures shall be constructed of materials which will not damage the coastal

environment. The structure may, for the duration of the event, be fixed to the land by way of guy ropes or similar;

e) Comply with Rule 9A.3 – Permitted Activity Rules: Hazardous Substances.

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4F.2.5 Military Training Activities

Any military training activity shall be a Permitted Activity subject to the following conditions:

a) The written consent of the land owner has been obtained;

b) The activity shall comply with earthwork provisions in Chapter 4C – Purpose of Earthworks Provisions;

c) The activity is limited to a period not exceeding a total of 31 days in any calendar year;

d) The activity shall be conducted to ensure that noise from the site shall not exceed the following limits:i) For Residential Zones and Commercial Zones the noise limits specified for the relevant zone;ii) For Industrial Zones, Rural Zones, Open Space Zones, and the Conservation Zone: the noise

limits specified in the following table, as measured at or within the notional boundary of any dwelling:

Control Hours Noise Limit

0630 – 0730 60dBA Leq and 70dBA Lmax



2000 – 0630 55dBA Leq

Note: A temporary military training activity that does not comply with a Permitted Activity Rule under Rule 4F.2.5 – Military Training Activities shall be considered a Controlled Activity.

4F.3 Controlled Activity RulesThe following are Controlled Activities:

a) Military training activities that do not comply with the requirements of Rule 4F.2.5 – Military Training Activities are a Controlled Activity.

4F.3.1 Controlled Activity – Matters of Control and Conditions

The Council reserves control over the following matters:

a) The duration of the activity;

b) The extent (including volume, area and location) of earthworks to be undertaken and the proposed methods of reinstatement;

c) The location, duration and frequency of any activity that would exceed the noise limits for the relevant zone.

2 December 2017


4F.4 Restricted Discretionary Activity RulesThe following are Restricted Discretionary Activities:

a) Any Permitted Activity that does not comply with Rule 4F.2 – Permitted Activity Rules is a Restricted Discretionary Activity.

4F.4.1 Restricted Discretionary Activities – Matters of Discretion and Conditions


a) The effects of traffic generation on the surrounding transport network;

b) The effects of parking on the character and amenity of the surrounding area;

c) The hours of operation, duration and frequency of the temporary activity or temporary commercial use;

d) The effects (including cumulative effects) on amenity values;

e) The extent to which the siting of structures would result in adverse effects on adjoining properties.

4F.5 Discretionary Activity RulesAny activity which is not a Permitted, Controlled, Restricted Discretionary or a Non-Complying Activity is a Discretionary Activity.

4F.5.1 Assessment of Discretionary Activities


4F.6 Non-Complying Activity RulesTemporary activities that do not comply with Rule 4F.2.1 l) – Temporary Activities – General (excluding City Centre Waterfront Sub Zone A & B and Mount Maunganui New Year’s Eve Celebrations) are Non-Complying Activities.

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4 General Rules Provisions 9 September 2013 Section 4FPage 8 of 82 December 2017

4 General Rules Provisions 9 September 2013 Section 4GPage 1 of 4

Section 4G

4G Purpose of Lighting ProvisionsArtificial light used for the purposes of security, display or general illumination, can generate unwanted light spill. Where this uncontrolled light affects the amenity of adjoining landowners it generates a nuisance. In addition to being a nuisance, lighting can also generate health and safety hazards, especially where inappropriately directed on to roads.

4G.1 Objectives and Policies for Lighting

4G.1.1 Objective – Lighting

To avoid the adverse effects of lighting from activities and any associated buildings, structures and signs on the surrounding environment.

4G.1.1.1 Policy – Advertising

By ensuring advertising illumination does not adversely effect the amenity of the surrounding environment, in particular sensitive zones, and the transport network.

4G.1.1.2 Policy – Light Spill

Ensuring that lighting is installed and operated so as not to generate adverse light spill effects on sensitive zones, adjoining properties and the transport network.


4G.2 Permitted Activity Rules


4G.2.1 Residential, Rural-Residential, Rural and Education Centre Zonesa) Activities shall be conducted to ensure artificial light spill from a site shall not exceed the following

luminance levels, within the boundary of any other site in any zone other than Commercial Zones, Industrial Zones or Open Space Zones:

Control Hours Light Level

daytime 25 lux

night-time 10 lux

i) Luminance levels shall be measured vertically or horizontally anywhere along the affected site boundary.

4G.2.2 Commercial, Industrial and Open Space Zonesa) Activities shall be conducted to ensure artificial light spill from a site shall not exceed the following

luminance levels, within the boundary of any site within the Residential Zones, Rural Residential Zone, and Rural Zones:


daytime 25 lux

night-time 10 lux


4G.2.3 Special Use Zone - Bayparka) Activities shall be conducted to ensure artificial light spill from a site shall not exceed the following

luminance levels, within the boundary of any site within a Residential Zones, or Rural Zones:


0700-2300 25 lux

2300-0700 10 lux


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4G.3 Restricted Discretionary Activity RulesThe following are Restricted Discretionary Activities:

a) Any Permitted Activity that does not comply with Rule 4G.2 – Permitted Activity Rules is a Restricted Discretionary Activity.

4G.3.1 Restricted Discretionary Activity – Matters of Discretion and Conditions


a) The additional amount of light spill generated by the non-compliance and the effect of this on landscape character and amenity values of adjoining or adjacent sensitive zones;

b) The hours of operation of the lighting.

4G.4 Discretionary Activity RulesAny activity which is not Permitted, Controlled or a Restricted Discretionary Activity is a Discretionary Activity.

4G.4.1 Assessment of Discretionary Activities


4 General Rules Provisions 9 September 2013 Section 4H Page 1 of 6

Section 4H

4H Purpose of the Permitted Intrusion RulesGenerally building bulk and scale is determined by the height, setback and overshadowing provisions of the relevant underlying zone. There will, however, be instances where it is appropriate for design features or building components that are integral to the function of that building (e.g., chimneys, balustrades, plant rooms, etc.) to breach these provisions where their dimensions are not considered to create adverse effects on the amenity of adjoining properties.

In addition there is also the need for the Plan to recognise the Port of Tauranga and Tauranga City Airport and ensure that the day-to-day operation of both these activities can continue as safely and efficiently as possible.

Where an intruding building component cannot comply with the dimensions specified in these provisions then its potential adverse effects will need to be assessed against the relevant provision of the underlying zone.

Amateur radio configurations do not come within the definition of Network Utilities and are not subject to the same rules. For clarity the provisions relating to amateur radio configurations in the Residential Zones and the Rural Residential Zone are set out as part of the permitted intrusions provisions of this Chapter.

4H.1 Objectives and Policies for Permitted Intrusions

4H.1.1 Objective – Permitted Intrusions

Design features and building components are able to breach height and setback requirements where their dimensions are not considered to have an adverse effect on amenity values.

4H.1.1.1 Policy – Permitted Intrusions

By enabling design features and building components to intrude into height, setback and overshadowing requirements to an extent where they are not considered to generate adverse effects on the amenity of adjoining properties or the surrounding neighbourhood.

4H.1.2 Objective – Amateur Radio Configurations

Amateur radio configurations are provided for where they do not have an adverse effect on existing and anticipated residential or rural residential amenity and character.

4H.1.2.1 Policy – Amateur Radio Configurations

By enabling amateur radio configurations to intrude into the zone based permitted activity standards for height, overshadowing, streetscape and setback requirements for the Residential or Rural Residential Zone in which they are located to the extent they are not considered to generate adverse effects on the existing and anticipated residential or rural residential character and amenity of adjoining properties or the surrounding neighbourhood.


4H.2 Permitted Activity Rules

Note: For radio and telecommunication masts, aerials, antenna dishes, antenna panels and electric linesmeeting the definition of a “Network Utility (Network Utilities)” refer to Chapter 10 – Network Utilities and Designations.

Note: For amateur radio configurations refer to Rule 4H.2.4 Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones.

Note: Where an activity does not comply with a Permitted Activity Rule for Permitted Intrusions, it shall be assessed under the Activity Status of the relevant Chapter Rule with the exception of Amateur Radio Configurations which shall be assessed under the activity status contained within Chapter 4 – General Rules (Permitted Intrusions).

Note: Permitted Intrusions in the Transmission Plan Area will need to comply with the New Zealand Electrical Code of Practice 2001:34.

Note: For the avoidance of doubt artificial crop protection structures in the Rural Zone, Greenbelt Zone or Future Urban Zone are not covered by the provisions of Rule 4H.2 and shall instead be considered under Rule 16A.8.2 – Building Height, Rule 16A.8.3 - Streetscape, Rule 16A.8.4 - Setbacks, Rule 16A.8.5 -Overshadowing, and Rule 16A.8.6 – Artificial Crop Protection Structures, or if within a Rural Marae Community Zone, Rule 16B.3.2 - Building Height, Rule 16B.3.3 - Streetscape, Rule 16B. 3.4 - Setbacks and Rule 16B.3.5 - Overshadowing.

4H.2.1 Permitted Setback Intrusionsa) A design feature or building component may intrude into a building setback within all zones, by the

following amounts:i) Eaves up to 0.6 metres; ii) Any design feature or other building component (whether as a single intrusion or in

combination) up to 0.6 metres for a single or combined length of no more than 4 metres into each setback;

b) For the purpose of remediating dwellings with face fixed claddings the following shall apply:i) A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face

fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code.

Note: Refer to Appendix 4M – Permitted Setback Intrusions.

4H.2.2 Permitted Overshadowing Envelope Intrusionsa) A design feature or building component may intrude through the overshadowing envelope within all

zones subject to the following:i) The design feature or building component shall not exceed an external measurement of 2

metres in any direction (excluding diagonal measurements); ii) No more than a total of two design features or building components shall intrude into the

envelope;

b) Gable end roofs may intrude through the overshadowing envelope within all zones by no more than one third of the perpendicular height of the gable end;

c) For the purpose of Weathertight Homes remediation the following shall apply:i) A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face

fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code;

d) Private (for residential and recreational purposes) radio and telecommunication antennas (being no greater than 2m2 in area) and aerials (being no greater than 80mm in diameter).

2 December 2017


4H.2.3 Permitted Height and Viewshaft Protection Area Intrusionsa) In Commercial Zones or Industrial Zones:

i) A design feature or building component which does not exceed the maximum permitted heightby more than 3 metres and the area of the top floor by more than 2%;

ii) Satellite and microwave dishes, radio and telecommunication aerials and antenna dishes and antenna panels which comply with the provisions of Chapter 10 – Network Utilities and Designations;

b) In all other zones:i) A design feature or building component, which does not exceed the maximum permitted height

by more than 2 metres and/or an external dimension of 2 metres in any other direction (excluding diagonal measurements);

ii) Satellite and microwave dishes, radio and telecommunication aerials and antenna which comply with the provisions of Chapter 10 – Network Utilities and Designations; or

iii) Private (for residential and recreational purposes) radio and telecommunication antennas (being no greater than 2m

2in area) and aerials (being no greater than 80mm in diameter) excluding

amateur radio configurations;

c) In the Port Industry Zone:i) Port cranes or floodlight towers provided for by Rule 18A.12.1.3 – Port Industry Zone;

d) For the purpose of Weathertight Homes remediation the following shall apply:i) A maximum intrusion of 80mm, beyond any permitted intrusion, where a dwelling has a face

fixed cladding system that needs to be upgraded to a ventilated cavity construction to comply with E2 AS1 of the New Zealand Building Code.

4H.2.4 Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones

Note: Where an activity does not comply with the Permitted Activity Intrusion Rule it shall be considered a Restricted Discretionary Activity, unless stated otherwise.

The following amateur radio configurations are permitted activities under this Rule, unless:

a) the provisions of Rule 4l – Purpose of the Specified Airport Slopes and Surfaces applies; and/or

b) they are proposed to be located within or on one or more of the following Plan Areas: Special Ecological Plan Area; Outstanding Natural Features and Landscapes Plan Area, Important Amenity Plan Area; Coastal Hazard Erosion Plan Area, Coastal Protection Plan Area, Flood Hazard Plan Area; High Voltage Transmission Plan Area; and/or

c) They are proposed to be located within or on the site of an Item listed in Appendix 7A - Register of Built Heritage or Appendix 7B - Register of Significant Maori Areas, or an archaeological site identified on Council's GIS database.

in which case the provisions of Rule 4l – Purpose of the Specified Airport Slopes and Surfaces, the relevant Plan Area(s) and/or heritage provisions shall prevail:

Antennas

a) Where attached to a building or other structure (including a mast) radio and telecommunications antenna up to and including 2m in diameter for an antenna dish and not exceeding 2m

2in area or 2m

in any dimension for a panel antenna; provided the antenna does not overhang a site boundary; and

b) One pedestal mounted antenna per site provided that:i) The antenna is pivoted less than 4m above the ground with a maximum diameter of 5m; andii) The pedestal and/or the antenna are located in accordance with the streetscape, setback and

overshadowing standards applying to buildings in the zone in which they are located.

Aerials

c) Aerials that comply with the following:i) Any of the elements making up the aerial do not exceed 80mm in diameter;ii) For horizontal HF yagi aerials, the maximum element length does not exceed 14.9m, and the

boom length does not exceed 13m;iii) No part of the aerial (including aerial wires) overhangs a site boundary;

2 December 2017


iv) The streetscape and setback standards applying to buildings in the applicable Residential Zoneor Rural Residential Zone (except that aerial wires are not required to comply with the streetscape and setback standards);

v) No part of the aerial exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m (except for vertical aerials as provided for under (vi) below); and

vi) For vertical aerials, one vertical aerial to a maximum height of 20m, provided there is only one vertical aerial or one supporting structure (and attached aerial(s) or antenna(s)) under (f) below per site that exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m.

Supporting structures

d) No more than six support poles for wire aerials of less than 115mm in outside diameter per site provided:i) The maximum height of the support poles is the maximum building height applying in the zone

in which they are located;ii) The streetscape, setback and overshadowing standards shall not apply to these support poles;iii) Where guy wires are used these must not exceed 12mm in diameter; and

e) One pole support structure (excluding support poles for wire aerials) or lattice support structure per site provided that:i) The maximum height of the pole support structure is 9m and the maximum inscribed circle of

the pole and any lowering mechanism shall be 600mm below 4m in height and 115mm above 4m; or

ii) The maximum height of the lattice support structure is 9m and the maximum inscribed circle of the lattice support structure and any lowering mechanism shall be 900mm below 8m in heightand 660mm above 8m; and

iii) The pole or lattice structure is located in accordance with the streetscape and setbackstandards applying to buildings in the zone in which they are located. For the purpose of this rule the overshadowing standards shall not apply to the pole or lattice support structure; and

iv) Where guy wires are used these must not exceed 12mm in diameter; andv) At no point must any guy wire overhang the boundary.

f) For each site, one support structure (in addition to support structures permitted under Rule 4H.2.4 d) –Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones and e)) that exceeds the maximum stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m, provided that:i) Any attached antenna complies with Rule 4H.2.4 a) – Permitted Activities – Permitted Intrusions

for Amateur Radio Configurations in the Residential and Rural Residential Zones and any attached aerial complies with Rule 4H.2.4 c) – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones (excluding c)(v));

ii) The maximum height of the support structure and any attached aerials or antennas is 20m;iii) There is no vertical aerial on the site permitted under Rule 4H.2.4 c)(vi) – Permitted Activities –

Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones that exceeds the stated height applying to buildings in the applicable Residential Zone or Rural Residential Zone by more than 2m;

iv) The supporting structure may be one of the following:1) A guyed mast. The maximum inscribed circle of the mast below 9m shall be 1000mm,

and above 9m shall be 115mm; or2) A guyed lattice mast. The maximum inscribed circle of the mast below 9m shall be

1000mm, and above 9m shall be 300mm. The mast may be of constant width or tapering; or

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

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

v) There may be local enlargement of support structure to accommodate a rotator mechanism;vi) There may be a lowering mechanism on a support structure provided that the diameter of the

support structure and lowering mechanism does not exceed the dimensions specified in Rule 4H.2.4 (iv)(a)-(d) – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones above;

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vii) The supporting structure is located in accordance with the streetscape and setback standards applying to buildings in the applicable Residential Zone or Rural Residential Zone. For the purpose of this rule the overshadowing standards shall not apply to the supporting structure;

viii) Where guy wires are used these must not exceed 12 mm in diameter;ix) At no point must any guy wire overhang the boundary.

Note: The provisions of 4I Purpose of the Specified Airport Slopes and Surfaces also apply and if not met shall prevail over this rule.

4H.2.5 Restricted Discretionary Activity Rules – Amateur Radio Configurations in the Residential and Rural Residential Zones

The following is a Restricted Discretionary Activity:

a) Any amateur radio configuration in the Residential and Rural Residential Zones that does not comply with Rule 4H.2.4 – Permitted Activities – Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones.

4H.2.5.1 Restricted Discretionary Activity – Standards and Terms – Amateur Radio Configurations in the Residential and Rural Residential Zones

a) No amateur radio configuration within any identified Viewshaft Protection Area shall exceed the maximum height identified within the Plan Maps (Part B).

Note: Any Activity that does not comply with Rule 4H.2.5.1 – Restricted Discretionary Activity – Standards and Terms – Amateur Radio Configurations in the Residential and Rural Residential Zones will result in the activity being considered a Discretionary Activity in accordance with the Objectives and Policies for the zone in which it is located and the relevant Natural Features and Landscapes Objectives and Policies.

Note: The provisions of 4I Purpose of the Specified Airport Slopes and Surfaces also apply and if not met shall prevail over this rule.

4H.2.5.2 Restricted Discretionary Activity – Matters of Discretion and Conditions – Amateur Radio Configurations in the Residential and Rural Residential Zones

In considering whether to grant consent and what conditions, if any, to impose Council shall have regard to:

a) The bulk, form and scale, location and number of aerials, antennas or associated supporting structures and the extent to which the proposal would lead to a visual dominance and loss of visual amenity as viewed by adjoining and adjacent properties and the surrounding neighbourhood;

b) The extent to which the proposal would reduce adverse visual and amenity impacts through design measures including location on site, materials used, and finish of materials including colour;

c) The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites; and

d) In the case of pedestal antenna not complying with overshadowing standards the extent to which the proposal would result in the loss of sunlight and daylight to surrounding sites, particularly in relation to outdoor living areas or the main indoor living area windows of surrounding residential or rural residential properties.

4H.2.6 Discretionary Activity Rules

The following are Discretionary Activities:

a) Any Restricted Discretionary Activity that does not comply with Rule 4H.2.5.1 - Restricted Discretionary Activity – Standards and Terms – Amateur Radio Configurations in the Residential and Rural Residential Zones; and

b) Any Activity which is not a Permitted, Controlled, Restricted Discretionary, or Non-Complying Activity.

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4 General Rules Provisions 9 September 2013 Section 4I Page 1 of 2

Section 4I

4I Purpose of the Specified Airport Slopes and Surfaces

Tauranga City Airport is a key piece of infrastructure that provides for the economic wellbeing of the City and the sub-region. To enable the airport to continue to meet and provide for the economic and growth demands of the City and sub-region it is important that the airport be allowed to operate as safely and efficiently as possible.

This section of the Plan identifies the objectives, policies and rules relevant to aircraft take-off and approach height contours to ensure that the height of buildings and structures does not adversely affect the safe and efficient operation of the airport.

4I.1 Objectives and Policies for Specified Airport Slopes and Surfaces

4I.1.1 Objective – Specified Airport Slopes and Surfaces

Tauranga City Airport continues to operate as safely and efficiently as possible.

4I.1.1.1 Policy – Specified Airport Slopes and Surfaces

By ensuring that the height of buildings and structures is managed so they do not penetrate airspace to an extent that would adversely affect the ability of aircraft to land and take off safely.

4I.2 Permitted Activity Rules


No building or structure (other than port cranes and floodlight towers provided for under Rule 4H.2.3 c) –Permitted Height & Viewshaft Protection Area Intrusions and Rule 18A.12.1.3 – Port Industry Zone) shall penetrate an airport take-off and approach slope, transitional surface or slope, horizontal surface and surrounding sloping planes.

4I.3 Restricted Discretionary Activity RulesThe following is a Restricted Discretionary Activity:

a) Any building or structure that does not comply with Rule 4I.2 – Permitted Activity Rules.

Note: Refer to Section 5, Diagram 2, (Plan Maps Part B) (Specified Airport Slopes and Surfaces).

4I.3.1 Non-Notification

Any application for a resource consent made under Rule 4I.3 - Restricted Discretionary Activity Rules shall not be notified, or served on affected persons with the exception of the Tauranga City Airport which shall beconsidered an affected party on any application made under this Rule.

4I.3.2 Restricted Discretionary Activity – Matters of Discretion and Conditions

In considering whether to grant consent and what conditions, if any, to impose Council shall have regard to the following:

a) Any recommendations resulting from consultation with Tauranga City Airport;

b) The potential adverse effects on the safe operation of Tauranga City Airport.

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4 General Rules Provisions 9 September 2013 Section 4I Page 2 of 2

4 General Rules 9 September 2013 Appendices Page 1 of 30

Appendices

Appendix 4A: General Minimum On-Site Parking and Loading Requirements

Residential Activities

Activity Residents/ Visitors Staff Loading Space

Independent dwelling unit in:

Suburban Residential Zone

Urban Marae Community Zone

Ngati Kahu Papakainga Zone

Large Lot Residential Zone

Rural-Residential Zone

Rural Zone

Wairakei Residential Zone

2 spaces/unit N/A N/A

Proposed Amendment


Suburban Residential Zone

Urban Marae Community Zone

Ngati Kahu Papakainga Zone

Large Lot Residential Zone

Rural-Residential Zone

Rural Zone

Wairakei Residential Zone (excludes Comprehensively Designed Development within Wairakei Residential Zone Medium Rise Plan Area)


2 spaces/unit N/A N/A

Secondary Independent Dwelling Unit in any zone 1 space / unit N/A N/A

Proposed Amendment

Secondary Independent Dwelling Unit in any zone


1 space / unit N/A N/A

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High Density Residential Zone

City Centre Living Zone

Commercial Zone

Wairakei Town Centre Zone

Wairakei Neighbourhood Centre Zone

Residents:

3 Br Units – 1.5 spaces/unit

2 Br Unit – 1.2 spaces/unit

1Br Units – 1 space/unit

Visitors:

0.2 spaces/unit

N/A 1 HGV bay

Proposed Amendment


High Density Residential Zone

City Centre Living Zone

Commercial Zone

Wairakei Town Centre Zone

Wairakei Neighbourhood Centre Zone

Comprehensively Designed Development within the Wairakei Residential Zone Medium Rise Plan Area


Residents:

3 Br Units – 1.5 spaces/unit

2 Br Unit – 1.2 spaces/unit

1Br Units – 1 space/unit

Visitors:

0.2 spaces/unit

N/A 1 HGV bay

Home-based Businesses Residents:

2 spaces/unit

Visitors:

1 additional space

N/A N/A

Retirement Units (independent unassisted living) Residents:

1 space/unit

Visitors:

0.2 spaces/unit

N/A 1 space for a 90 percentile car plus

Rest Home (non-hospital) 0.35 spaces/unit I space/FTE staff 1 space for a 90 percentile car plus

Rest Home (hospital) 0.25 spaces/unit 1 space/2 FTE staff 1 HGV bay

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Shared Accommodation 0.5 spaces/accommodation unit 1 space/ FTE staff N/A

Halls of Residence/Student Accommodation 1 space/2 accommodation units 1 space/ FTE staff 1 HGV bay

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Education Facilities


Pre-schools and Daycare 1 spaces/10 pupils 1 space/20 pupils N/A

Primary and Intermediate Schools 1 space 40 pupils for loading and unloading pupils

1 space/classroom Up to 100 pupils:

1 space for a 90 percentile car

100 or more pupils:

1 space for a 90 percentile car plus 1 HGV bay

Secondary Schools 1 space/25 pupils loading and unloading of pupils plus 1 space/classroom for student parking

1 space/classroom Up to 100 pupils:


100 or more pupils:

1 space for a 90 percentile car plus 1 HGV bay

Provision for buses on-site

Tertiary Education Premises 1 space/5 students 1 space/ FTE staff 1 space for a 90 percentile car plus 1 HGV bay

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Health Facilities


Medical Health and Dental Centres 6 spaces/100m2 of GFA 1 space/ FTE staff 1 space suitable for a 90 percentile car

Hospitals 1 spaces/3 beds 1 HGV bay

Industrial Activities

Activity Residents/ Visitor Staff Loading Space

Industrial Activities (other than retailing activities and Network Utilities)

1.5 space/100m2 of GFA N/A 1 HGV bay

Warehousing 1 space/200m2 GFA N/A 1 HGV bay

Self-Storage Units 1 space/300m2 GFA N/A N/A

Offices


Offices N/A 2.5 spaces/100m² GFA 1 space for a 90 percentile car

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Community Facilities and Recreation and Leisure Facilities


Places of Worship 1 space/10 seats N/A 1 space for a 90 percentile car

General (including non-Licensed Clubrooms) 1 space/4 person capacity N/A 1 space for a 90 percentile car

Licensed Clubrooms Refer Restaurants, Cafes, Bars or Taverns)

Gymnasiums/Sports Halls (for public or private club use) 5 spaces/100m² GFA N/A 1 space for a 90 percentile car

Public Sports Courts 3 spaces/court N/A N/A

Sportsfields and Golf Courses 15 spaces/hectare of pitch area or fairway area

N/A N/A

Public Swimming Pools 1 space/10m² of pool area 1 space/200m2 of pool area 1 HGV bay

Libraries/Museum/Galleries 1.5 spaces/100m² PFA 1 space/250m² PFA 1 HGV bay

Conference Facilities, Theatres, Cinema/Multiplex


Conference Facilities 1 space/4 person capacity N/A 1 HGV bay

Theatres, Cinema/Multiplex (stand alone) 1 space/4 seats 1 space/screen 1 HGV bay

Theatres, Cinema/Multiplex (located within a shopping centre) 1 space/15 seats 1 space/screen 1 HGV bay

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Other


Marinas 0.6 space/wet berth

0.2 space/swing mooring

0.5 spaces/employee 1 HGV Bay

Restaurants, Bars, Licensed Premises (including Licensed Clubrooms)


Restaurants, Cafés, Bars or Taverns 10 spaces/100m2 GFA 1 space/100m2 GFA 1 HGV bay

Takeaway Food Outlet 1 space/3 seats N/A 1 HGV bay andon-site queuing space for a minimum of 6 cars from the point of order where there is a drive

through facility.

Retail Activities and Services


Supermarkets, Shops and Malls or Shopping Centres 10,000m2 or less GLFA

4.5 spaces/100m2

10,001m2 or more GLFA

3 spaces/100m2

1 space/200m2 GLFA 1 HGV bay/1500m² GLFA for the first 5,000m² GLFA, then 1 HGV bay/5000m² GLFA

Garden Centres 1 space/100m2 site area 1 space/200m2 GFA 1 HGV bay

Building Improvement Centres, Trade Suppliers and Yard Based Suppliers

2 spaces/100m2 GFA 1 space/100m² GFA 1 HGV bay/1,500m² GFA for the first 5,000m² GFA, then 1 HGV bay/5,000m² GFA

Other Low-Intensity Bulk Retailing 2.5 spaces/100m2 GFA 1 HGV bay/1,500m² GFA for the first 5,000m² PFA, then 1 HGV bay/5,000m² GFA

Vehicle, Boat, Machinery Showrooms and Salesyards 1 space/100m2 of indoor showroom and outdoor display area

1 HGV bay

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Retail Activities and Services


Motor Vehicle Servicing and Repair, Tyre Repair, Service Stations

4 spaces/work bay plus 3.5 spaces/100m2 GLFA of associated retail shop

1 HGV bay

Visitor Accommodation


Visitor Accommodation, other than Hotels 1 space/unit or rentable room

1 space/3 units for visitors

2 spaces/manager or staff residence


Hotels 1 space/unit or rentable room plus 1 space/5 units for visitors

1 space/15 bedrooms 1 space for a 90 percentile car plus 1 HGV bay/100 units

Backpackers 1 space/4 beds 1 space/20 beds N/A

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Appendix 4B: Parking Stall Dimensions

Type of Parking

Stall Width: a

Stall Depth for Wall: b

Stall Depth for Kerb: c

LengthAisle

Width: d

Total Depth One Row

(Kerb)

Total Depth

One Row (Wall)

Parallel 2.5m - - 6.0m - - -

45° 2.5m 5.2m 4.8m - 3.7m 8.5m 8.9m

60° 2.5m 5.7m 5.1m - 4.6m 9.7m 10.3m

90° 2.5m 5.4m 4.8m - 5.8m 10.6m 11.2m

Notes:1. These standards are based on AS 2890.1 : 2004.

2 December 2017


Appendix 4C: Bicycle Parking Dimensions and Design Requirements

In addition to the above bicycle parking facilities should be:

a) Positioned in a highly visible location on site to enable passive surveillance and discourage theft and vandalism;

b) Located as close to possible to shower and changing facilities.

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Appendix 4D: 90 Percentile Tracking Curve for a Car

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Appendix 4E: 90 Percentile Tracking Curve for an 8 metre Rigid Two-Axle Truck

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Appendix 4F: 90 Percentile Tracking Curve for a 19metre Truck

2 December 2017


Appendix 4G: Location of Access Points from Intersections

ROAD SPEED LIMIT 70KM/H AND OVER DISTANCE (m) TO ACCESS X

Road Classification Residential & Rural Residential

Zones

Rural Zones Commercial, Open Space and

Education CentreZones

Industrial Zones/ Special Use Zone -

Baypark

Primary Arterial 15 50 50 50

Secondary Arterial 9 50 50 50

Collector 9 30 30 30

Local 9 30 9 9

ROAD SPEED LIMIT 60KM/H AND UNDER DISTANCE (m) TO ACCESS X

Road Classification Residential & Rural Residential

Zones

Rural Zones Commercial, Open Space and

Education CentreZones

Industrial Zones/ Special Use Zone -

Baypark

Primary Arterial 15 30 15 15

Secondary Arterial 9 30 9 9

Collector 9 30 9 9

Local 9 30 9 9

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Appendix 4H: Calculating Sight Distances

2 December 2017


Appendix 4I: Location of Points of Service where there is direct access onto the Strategic Road Network

2 December 2017


Appendix 4J: Sight Lines at Uncontrolled Railway Crossings for 100km/H Train Speeds

2 December 2017


Appendix 4K: Integrated Transportation Assessment Information Requirements

Note: The Integrated Transportation Assessment shall be in detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

Basic Assessment (for provision of 25–30 new or additional on-site carparks)

This will consist of a brief assessment including:

Confirmation of how the development complies with the relevant Transportation Rules;

Where there is a small degree of non-compliance an assessment of effects identifying any potential adverse effects on the transport network and any measures required to avoid, remedy or mitigate those adverse effects.

Neighbourhood Assessment (for provision of 31–40 new or additional on-site carparks)

This will discuss the transport effects relating to the transport network (including the function of roads as identified in the road hierarchy) and identify existing conditions and compare the predicted effects of the development. Any measures required to avoid, remedy or mitigate adverse effects should be identified. The type of information that could be included in a Neighbourhood Assessment includes (but is not limited to) the following:

Existing Site Data:

Site location in relation to the surrounding transport network and land uses;

Existing uses on-site and the number of formal or informal parking spaces;

Existing vehicle trip generation;

Access arrangements.

Existing Transport Data:

Details of walkways and cycleways within the vicinity and their origins and destinations;

The location of public transport to the site, including the frequency and routes of these services;

A description of the transport network, the road hierarchy and existing levels of service;

Indication of traffic flows on the transport network to establish flow conditions and peak hours;

Analysis of local crash statistics.

Development Details:

Internal roading arrangements, including footpaths, cycleways, parking and service vehicle turning areas;

Operational hours;

The location of on-site carparking, drop areas and cycle parking, etc;

Any travel plans where relevant;

Proposed access arrangements and how these will integrate with existing footpaths, cycleways and public transport stops;

Servicing arrangements for the site (deliveries, refuse collection, etc);

Construction operation and the effects of construction traffic.

Trip Generation:

Existing trip generation;

Predicted trip generation;

Nett trip generation;

Trip assignment;

Site access capacity to determine whether it is sufficient;

Analysis of the turnover and capacity of drop-off areas;

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Analysis of the capacity of the transport network to accommodate the development;

Identification of any mitigation measures related to traffic generation.

Local Area Assessment (for provision of 41-50 new or additional on-site carparks)

This will discuss the transport effects relating to the transport network (including the function of roads as identified in the road hierarchy) surrounding the site. As a guide the scope of the assessment may extend up to a kilometre away from the application site. Any measures required to avoid, remedy or mitigate adverse effects should be identified. The type of information that could be included in a Local Area Assessment includes (but is not limited to) the following:

Existing Site Data:



Existing person trip generation including vehicle movements and mode share;




The location of public transport to the site, including the frequency and routes of these services. Assess capacity in the public transport system to accommodate to determine any new demand;

A description of the local transport network, the road hierarchy and existing levels of service;

Indication of traffic flows on the local transport network to establish flow conditions and peak hours;

Analysis of local crash statistics and the effect the proposal may have on crash frequency.

Existing and Proposed Development:

Consideration of the impacts these developments and their associated alterations on the transport networkagainst those of the proposed development. Effects of proposed improvements to walking and cycling networks, the public transport network or roads should be considered.


Internal roading arrangements including footpaths, cycleways, parking and service vehicle turning areas;

Operational hours;

The location of on-site carparking, drop areas and cycle parking, etc;



Servicing arrangements for the site (deliveries, refuse collection, etc);


Trip Generation:


Predicted trip generation;


Trip assignment;





Sustainable Travel Initiatives:

Identification of initiatives that will help reduce single car occupancy. This should include a workplace travel plan that integrates with the development. These initiatives should be available from initial occupation of the site.

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Wide Area Assessment (for provision of 51+ new or additional carparks)

This will discuss the transport effects relating to the transport network (including the function of roads as identified in the road hierarchy) surrounding the site. This type of assessment should be submitted when the transport effects are expected to cover an extensive area. This type of assessment is most likely to be required for large retail developments. Any measures required to avoid, remedy or mitigate adverse effects should be identified. The type of information that could be included in a Wide Area Assessment includes the following:

Existing Site Data:



Existing person trip generation, including vehicle movements and mode share;




The location of public transport to the site including the frequency and routes of these services. Assess capacity in the public transport system to accommodate to determine any new demand;

A description of the local transport network, the road hierarchy and existing levels of service;

Indication of traffic flows on the local transport network to establish flow conditions and peak hours;

Analysis of local crash statistics and the effect the proposal may have on crash frequency.

Existing and Proposed Development:

Consideration of the impacts of these developments and their associated alterations on the transport network against those of the proposed development. Effects of proposed improvements to walking and cycling networks, the public transport network or roads should be considered.


Internal roading arrangements including footpaths, cycleways, parking and service vehicle turning areas;

Operational hours;

Details of any special events where appropriate;

The location of on-site carparking, drop-off areas and cycle parking, etc;



Public transport access to and through the site;

Servicing arrangements for the site (including deliveries, refuse collection points, etc);

Proposed staging of the development and likely timescale of completion of key elements;


Trip Generation:


Predicted trip generation broken down by land use;


The type of trips likely to be generated by the development, i.e., new trips, linked trips, transferred trips, pass-by trips and diverted trips;

Event trip generation;

Trip assignment;





Sustainable Travel Initiatives:

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Identification of initiatives that will help reduce single-person car occupancy. This should include a workplace travel plan that integrates with the development. These initiatives should be available from initial occupation of the site.

The opportunity to establish cycleways, walkways and public transport stops particularly where links to existing networks could be provided.

2 December 2017


Appendix 4L: Parking Reduction Adjustment Factors

Category Factor Recommended Adjustment

Strategic

Priced commercial Up to 25% where parking is priced separately from the development.

Unbundled residential Up to 20% where parking is unbundled from development and sold/leased separately.

Validated commercial parking Up to 15% where commercial customer parking is validated. NB: Validated parking refers to the practice of providing free parking for visitors who demonstrate proof of purchase for the associated commercial development.

Shared parking Up to 10% where access to shared parking is demonstrated.

Car Sharing Up to10% if a car-sharing service is located within 750m.

Workplace travel Plan Up to 5% where there is a commitment to a workplace travel plan.

Overflow parking plan Up to 5% where an overflow parking plan is submitted.

Transport

Public transport accessibility Up to 10% for developments located within 750m of bus routes with all-day frequencies more than 30 minutes, where good pedestrian facilities are available.

End of trip facilities Up to 5% where end of trip facilities, such as showers, and changing rooms are provided.

Parking occupancy Up to 5% if average parking occupancy in surrounding areas is less than 60%.

Bicycle ParkingUp to 5% where appropriate number of bicycle stands are provided.

Geographic

Residential density 2% for each additional resident per hectare.

Employment density 10% in areas with 120 or more employees per gross hectare.

Land use mix 5% in mixed use developments (ratio of residents/employees is between 0.5-1.5).

Process for applying parking adjustment factors:

Suppose a proposed development is required to provide 100 carparks under normal City Plan parking requirements. Let us also suppose the development proposes to a) price parking separately; b) is within 750m of a major bus route; and c) provides for a resident/employee ratio of 0.75.

In this situation the ‘‘adjusted’’ parking requirements would be calculated as follows: 100*(1-25%)*(1-10%)*(1-5%) = 100*0.75*0.9*0.95 = 64.125 = 64 car-parks.

It is important the parking adjustment factors are applied multiplicatively as shown in this example.

2 December 2017


Appendix 4M: Permitted Setback Intrusions

2 December 2017


Appendix 4N: Erosion and Sediment Control Measures

Note: For further details on the design of erosion and sediment control measures please refer to Tauranga City Council’s Managing Sediment Pollution on Small Earthwork Sites and the Bay of Plenty Regional Council’s Erosion and Sediment Control Guidelines for Land Disturbing Activities.

2 December 2017


Appendix 4O: Events Area

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Appendix 4P: Noise Contours

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Appendix 4Q: Seventeenth Avenue Commercial Areas – Sheet 1

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Appendix 4Q: Seventeenth Avenue Commercial Areas –Sheet 2

Table 4Q.1: Seventeenth Avenue/Cameron Road Intersection

Traffic Volumes (Veh/hr Peak) Threshold *Mitigation Requirements at Seventeenth

Avenue/Cameron Road Intersection

0 (minimum) - 550Minor light phasing and intersection marking at

Seventeenth Avenue and Cameron Road intersection.

551 (minimum) - 850Left Turn Slip Lane from 17th Avenue into

Cameron Road.

851 (minimum) - 1150Extension to south west approach – additional

lanes.

* Measured at the ‘Point of Measurement as outlined on Appendix 4Q: Seventeenth Avenue Commercial Area – Sheet 1.

2 December 2017


Appendix 4R: Orientation Requirements for Service Station Signs on Sites that Adjoin Secondary Arterials

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