1.2.1 Activity Status Criteria

1. Except as otherwise stated:
   
   1. The controls and performance standards within Part B shall be met by all Permitted Activities and considered as a guide for all other activities.
   2. Any Permitted Activity, which fails to comply with any of these controls and performance standards, shall be deemed to be a Restricted Discretionary Activity for the area of non-compliance.
   3. Any Controlled Activity, (managed by specific standards and terms listed in Rule 1.3), which does not meet all the provisions for Controlled Activities shall be deemed a Restricted Discretionary Activity for the particular non-compliance.

 

2. It is not intended that Council’s discretion on Discretionary Activities be limited to the controls, performance standards and criteria that are listed in Part B.

 

3. Any activity not listed in the Activity Table (Section 2) shall be deemed to be non-complying.

1.2.2 Development Suitability

1. Compliance
   
   All activities in all zones shall comply with the following conditions, performance standards and terms.
   
   Every allotment created by subdivision exclusive of those for works and network utilities shall comply with the following conditions, performance standards and terms.
2. 
   
   1. Building Site
      
      Each lot must contain a rectangular area of land for building purposes measuring no less than 10 metres on one side and 15 metres on the other that is free of impediments to buildings such as: drainage lines, building line restrictions, easements, bulk and location requirements, protected registered significant features or other items or topographical impediments.

    

   2. Future urbanisation (dwellings within the Residential and Rural-Residential Zones).
      The location of the dwelling shall not compromise the future servicing and development of the site for residential purposes.


3. On-site effluent treatment and disposal
   
   1. Where each lot or development lies within Council’s reticulated area, they shall be served by a connection to the Council reticulation system.  If this is not practicable, then treatment and disposal shall be contained within the property boundaries, subject to the necessary consents being obtained.
   
   
   2. Any disposal or treatment areas located off-site, other than to MPDC owned systems, shall be protected by easements as appropriate.
   
   
   3. Any necessary consents shall be obtained from the Waikato Regional Council.
   
   
   4. Where stock trucks are associated with the activity, the applicant shall ensure that all such trucks are fitted with effluent holding tanks and that waste, storage and disposal facilities are provided.
      
      Advice Note: The use of a conventional septic tank is not permitted on sites less than 2500m².


4. On-site stormwater treatment and disposal
   1. Where each lot or development lies within Council’s reticulated area, they shall be served by a connection to the Council reticulation system. If this is not practicable, then treatment and disposal shall be contained within the property boundaries, subject to the necessary consents being obtained.
   
   
   2. Any disposal or treatment areas located off-site, other than to MPDC owned systems, shall be protected by easements as appropriate.
   
   
   3. Council may require a detailed stormwater plan to ensure that there are no adverse stormwater effects off-site.
   
   
   4. Any necessary consents shall be obtained from the Waikato Regional Council.


5. Roading and Access
   
   See Section 9 - Transportation.


6. Water
   
   All sites shall be able to be provided with a reliable supply of water sufficient to meet the needs of any proposed development of the site. The requirements of the MPDC Development Manual 2010 shall be deemed compliance.


7. Suitability for Development
   
   Council will require a report, including certification from an appropriately qualified person(s), stating that the land is suitable for the activities anticipated in the zone, or the development proposed, and/or the conditions under which development will be appropriate including:
   
   
   1. Each building area as described in (ii) above is free from flooding or inundation, erosion, subsidence and thermal ground.
   2. Slope stability, foundations of structures, major earthworks including access tracks and roads.
   3. Ground water table levels.
   4. Earthquake faultlines or other seismic hazard.
   5. For contaminated sites, a report on the extent and likely effect of the contamination on the proposed activity, including any off-site effects that may occur as a result of disturbance or development of the site.
   6. The matters within the MPDC Development Manual 2010.
   
   The report shall set out the facts relating to the investigation together with test results and other data on which recommendations are based.
   
   Council may refuse to approve a subdivision or resource consent or in approving the proposal, impose appropriate conditions to avoid high probabilities of accelerated erosion, land slip, flooding or subsidence, or increased adverse effects resulting from contaminants on the site.
   
   See also Section 11, Natural Hazards.
8. Protection of Scheduled Significant Items
   
   Council shall require the legal protection in perpetuity of any scheduled significant item or feature with the exception of Scheduled Item 213 of Schedule 3, as a condition of resource consent. Scheduled significant items are listed in Schedules 1, 2 and 3.
   
   
   1. Council shall require that legal boundaries are located in a position that does not impair or destroy the integrity of the scheduled significant item.
   2. Suitably qualified persons shall, be engaged, if necessary, to determine the boundaries or significance of such items.
   3. Any such required protective measures shall be taken into account when addressing the Development Contribution for reserves that would otherwise apply. See Section 7: Development Contributions.
9. Protection of Other Items
   
   Council may require, as a condition of subdivision or resource consent, the legal protection in perpetuity of a significant feature that is found to exist on the property, or the sustainable management of vegetation resources of indigenous or landscape value.
   

    

   Provided that this rule shall not apply to Scheduled Item 213 of Schedule 3 and where approval has otherwise been given for use of archaeological sites from the Historic Places Trust. Evaluation shall be undertaken in accordance with the criteria in Appendix 1. The feature/area must be fully described and intrinsic value ranked alongside other similar features. Any protective measures shall be taken into account when assessing the financial contribution for reserves that would otherwise apply. (See Development Contributions , Section 7).
   
   Council may require that legal boundaries are located in a position that does not impair or destroy the integrity of the significant feature found to exist on the property.
10. Protection of Riparian Areas. See Performance Standards: Section 5.1.1.
11. Existing Buildings to Comply
    
    All subdivision consent applications shall demonstrate that existing and proposed buildings comply with the provisions of the District Plan once the new lots have been created.
    

     

    Provided that subdivision around activities created as a result of the grant of a land use consent shall take into consideration the needs and requirements of the particular land use granted consent and Council shall consider the location of existing and proposed buildings relative to new boundaries.

 

12. Consent Notices
    
    Consent Notices pursuant to Section 221 of the Resource Management Act, or such other legal instrument as may be considered appropriate in the circumstances, shall be registered on the Certificate of Title created to ensure ongoing compliance with the conditions of subdivision consent. Such conditions may include, but are not limited to, the ongoing protection or maintenance of a significant site or landscape, conservation planting or landscaped area.
    
    The consent notice or instrument shall include:
    
    • The condition of resource consent;
    • The accepted means of compliance;
    • The term of the agreement (if applicable); and
    • A plan of the area to which the condition relates.

Explanation

The development suitability rules are, unless stated otherwise, the primary conditions under which development may occur. Before Council grants consents to any subdivision consent application it must be certain that the resultant allotments may be developed in accordance with the provisions of the zone in which they are located. In addition all activities must occur in a manner that is in accord with the matters of Part II of the Act.

In general, existing buildings have shown the extent to which the development has affected the environment. However consideration must be given to the way new allotment boundaries may restrict the use and development of the new properties created.

The District Plan pre-states the anticipated environmental result of development and subdivision. Neither must be allowed to compromise these anticipated results.

Consent Notices are a legal instrument that may be imposed at the time of subdivision to ensure that the conditions of consent are complied with. Other instruments include restrictive covenants that may be imposed under Section 108 of the Act.

< Previous Index Next >