In addition to the Information requirements (Section 1.1), Development Suitability Criteria (Section 1.2), Development Controls (Section 3), Activity Related Standards (Section 4), Performance Standards (Section 5), Development Contributions (Section 7), and the MPDC Development Manual 2010, Council shall apply the following standards and terms when assessing controlled activities. These sections shall also be used as a guide when imposing conditions of consent.  If a controlled activity does not meet the requirements of this Section and Sections 3, 4 and 5, the activity shall become a restricted discretionary activity in respect of the specific area(s) of non-compliance. If a controlled activity does not meet the requirements of sections 6 to 12, the activity shall become a discretionary activity; except if the Connectivity Performance Standard (Rule 6.2.1(iii)(e)) is breached, in which case the activity shall become restricted discretionary, with Council’s discretion restricted to the need to ensure strategic road and pedestrian connections and linkages when sites are developed.

1.3.1 Harvesting of Plantation Forests

1. The applicant shall provide sufficient detail for Council to process the application including:
   
   
   1. Where an application may have an adverse effect on roading in the District and which may require expenditure by Council, it should preferably be made two years prior to the proposed exercise or commencement of the consent.
      
      Advice Note: Where such applications are made less than two years prior to the proposed commencement, the commencement date and any conditions of consent relating to any roading may be affected.
   
   
   2. An estimate of the volume of wood to be harvested;
   3. The expected programme of work for harvesting;
   4. The roads proposed to be used;
   5. Specific traffic management proposals to mitigate the effects of logging trucks in rural areas;
   6. The potential impact on archaeological sites;
   7. The extent to which the application meets rule 5.1.1 (riparian planting and retirement);
   8. The extent to which the proposal meets the provisions of section 9 of the plan (access, parking and loading);
   9. The matters to be considered by Council in clause (iii) below;
   10. Consideration of 3.1.2.1 Landscape Character O2 and P2 and Section 13 Other Methods.
2. The Council may impose a financial contribution in accordance with Section 7 – Development Contributions
3. In determining what conditions are appropriate to apply to harvesting activities Council shall consider the following matters:
   
   
   1. Compliance with rule 5.1.1 (Riparian planting and retirement) Activities undertaken under rule 4.1.2 are excluded from this rule, as this rule provides for riparian management specifically for the Kaitiaki Zone. Note Item 213 in Schedule 3 excludes understorey and re-growth of vegetation in a plantation forest;
   2. Use of management techniques as recommended in the Forest Industry Training Best Practice Guidelines and the New Zealand Forest Code of Practice (LIRO)
   3. Any adverse effects on indigenous biological diversity
   4. Compliance with 1.3.1(i) and (ii) above;
   5. The methods for revegetating the site, (including the methods and programmes for revegetating the site);
   6. The measures to mitigate the impact of harvesting on any kiwi present, (including provision for the management of dogs, ongoing pest management, the control of burning and other mitigating factors);
   7. Whether any scheduled significant items or features require further legal protection;
      
      Note: This rule does not apply to Scheduled Item 213 of Schedule 3.
   8. The criteria in 1.4.12 – (Kaitiaki (Conservation) Zone) relevant to the application;
   9. The criteria in 1.4.16 – (Activities Involving Items in Schedules 1, 2 and 3), relevant to the application;
   10. The criteria in 1.4.21(a)(b) and (c) – (Activities in Natural Hazard Areas), relevant to the application;
   11. Visual effects and whether harvesting can practicably be carried out in a way, which mitigates effects on natural character;
       
       Advice Note: Council shall consider the progress made with the NZHPT procedures as they relate to archaeological sites.

    

Explanation

The Kaitiaki (Conservation) Zone in the Kaimai Ranges is identified on the planning maps and includes:

• All that land held in public reserve including former State Forest;

• Areas identified by previous Hauraki Catchment Commission reports as being subject to soil conservation measures:

• Generally all land down to the bush line at the base of the Ranges, Pastoral country is generally excluded.

The Piako County District Scheme 1974 identified that some of the lands (classed as VII(e) and VIII(e) as well as some class VI(e) lands on high plateaus were recommended by the former Hauraki Catchment Board as “Watershed Protection Forest” as part of the Waihou Valley Scheme. Those areas identified were at that time predominantly in native bush or scrub or other steep hill country. Those areas identified were included in the District Scheme as Native Bush or Forest Conservation Zone which determined that it was essential that the forest cover be maintained to ensure proper control of water run-off and a minimum of soil erosion, or to preserve their scenic quality. The zone along with the definition of protection forest precluded the milling, thinning or destruction of these areas and required that in the event of destruction that it be allowed to regenerate or be replanted. It was also deemed essential that grazing of the area be prohibited and noxious animals be kept under control so as to prevent damage to the forest.

In addition to this a separate “Protective Afforestation” zone was introduced into the Piako County District Scheme. The goal was to protect river watersheds and safeguard areas from erosion, and at the same time to encourage afforestation where it would assist with the prevention of erosion and control of water run-off. This zone recognised that while those areas were susceptible to erosion in the absence of proper management programmes, they were still capable of being utilised. Afforestation and timber extraction, if correctly and sensibly controlled and managed, was permitted to be undertaken subject to erosion and water run-off and good management.

Council’s policy at this time was to allow afforestation and subsequent timber extraction within this zone, but prior to any approval Council required the preparation of a Comprehensive Forest Development Plan (CFDF). The approval by both the Council and Hauraki Catchment Board of the CFDP was required.

The Piako County District Scheme, which became operative in 1985 enlarged the “Native Bush” or “Conservation” zone and included the Protection Afforestation zone within it. Areas in this zone were identified as being liable to erosion if not properly managed.The Scheme also stated that most of these lands should be maintained in permanent forest cover to control water run-off and erosion and to preserve scenic quality but the Scheme also recognised that some of the land was capable of use as forestry “if the afforestation of these areas and any eventual harvesting of timber is carefully managed.” Protection forestry was identified as being the management of forests principally for soil conservation and regulation of water, and included harvesting operations that were compatible with the principal management objective.

Management activities of the NZ Forest Service which did not conflict with the objective of the zone including preservation of the ground or maintenance planting designed to re-establish such cover subject to management plans approved by the Council were permitted. Commercial forestry was not permitted.

The provisions of this plan have recognised that the harvesting of those former forest service areas that are already established, regardless of their status and whoever manages the land, should be able to be undertaken provided that the criteria for harvest and subsequent revegetation as outlined are met.

1.3.2 Dwellings in the Rural Zone

1. Dwellings on existing Certificates of Title less than 4.2 ha in area.
   
   The applicant shall prove that the Certificate of Title was in existence prior to November 1996.
2. Dwellings, accessory to an approved dwelling, directly associated with farming or production forestry.
   The applicants shall show that the accessory dwelling is directly associated with farming or production forestry.

Advice Note: See Also Section 1.2.2

1.3.3 Dwellings in the Residential Zone

1. Future Urbanisation
   
   The location of the dwelling shall not compromise the future servicing and development of the site for residential purposes.

1.3.4 Subdivision

1. Development Suitability
   
   In assessing subdivision consent applications Council shall have particular regard to the Development Suitability Criteria (Section 1.2), Infrastructure and Servicing provisons (Section 5.9) and the Subdivision rules (Section 6).


2. Development Contributions
   
   As a condition of consent for any  subdivision consent Council may require the payment of a Development Contribution to avoid, remedy or mitigate any adverse off-site effects generated by the subdivision. (See Section 7, Development Contributions).

1.3.5 Activities in Natural Hazard Areas

Council reserves control over the following matters for controlled activity resource consent applications and may impose controls in respect of each :

1. The location of buildings, storage areas and fences in relation to forests.
2. The location of production or plantation or conservation and stands of vegetation
3. The location and the times of operation of open fires, refuse fires, chimneys and flues
4. The storage of flammable chemicals or materials and fire fighting water supplies
5. Access to the site for emergency vehicles
6. Any activity on-site that may adversely affect the natural drainage of peatlands held as public reserve or Scheduled in this Plan for protection.
7. The matters within the MPDC Development Manual 2010.

1.3.6 Activities Provided for in a Development Concept Plan

1. General
   
   
   1. Any activity shall be located in general accordance with the Development Concept Plan.
   2. Any proposed activity shall be assessed as to the extent to which the activity complies with the Development Controls and Performance Standards of the District Plan.
   3. Conditions may be imposed with regard to compliance with the Performance Standards and Development Controls and the matters assessed under this Rule.
2. Visual
   
   
   1. The visual effects of buildings, structures, access and manoeuvring areas and earthworks, landscaping or other activities will be assessed in terms of the likely effect on or of:
      
      
      • The surrounding environment and general landscape character (including ridgelines and view planes) with particular consideration of public roads, public reserves, identified significant features, residential zones, dwellings in rural zones, or marae in the vicinity of the proposed facility.
      • Design elements in relation to the locality, with reference to the existing landscape character of the locality and amenity values.
      • The mitigating effects of any proposed landscaping.
   2. In making an assessment of visual impact regard shall be had to:
      
      
      • The scale of the facility or building.
      • Height, cross sectional area, colour and texture of structures and buildings.
      • Distance of structures to site boundaries, the degree of compatibility with surrounding properties.
      • Proposed planting, fencing and other landscaping treatments.
      • Proposed signs
      • Civil aviation height, colour and design requirements.
      • The intensity of lighting when viewed from a distance should not be out of character with the environment in which the installation is situated.
      • Lights should be directed and positioned as far as practicable so as to prevent spill or light adversely affecting the use and enjoyment of adjoining properties.
      • The opportunity for co-siting the facilities.
   3. Subject to the master landscape plan and planting programme, in assessing any proposed landscaping regard shall be had to:
      
      
      • Whether existing landscape features are integrated into the new development;
      • Whether the layout and design are of a high standard, and provide a visual environment that is interesting and in scale with the proposed development;
      • The size of trees to be planted at the time of planting and at maturity;
      • The timing of implementation of the landscape plan and the maintenance of approved planting;
      • Whether the type and the location of planting promotes public safety.
      • The Preliminary Visual and Landscape Study, October 1992, Volume I.

    

   1.3.7 Use of Land for Effluent Disposal of Non-Human Waste from Industrial Activities

   Any effluent disposal system (including disposal onto land by way of spray irrigation) associated with the disposal of non-human waste shall comply with the following:

   1. Yards
      • 10 metres from a road boundary
      • 150 metres from dwellings
      • 300 metres from a school, marae, hall, public reserve, or residential zone.
   2. No spraying shall occur from a public road or place.
   3. Access
      • Section 9.1.2(ix) shall apply; and
      • any mud or materials deposited on the roadway shall be removed immediately.
   4. Noise –
      • Section 5.2.5 shall apply.
   
   

    

   1.3.8 Overhead Power Lines

    

   1. The visual effects shall be considered in the light of 1.4.1.
   2. The management of risk as in 1.4.9.

    

    

   1.3.9 Temporary Military Training

   
   
   1. The building envelope rules of the respective zone shall apply.
   
   

   Objectives/Policies
   2.4.1	O1	P1
   2.4.5	O1	P1
   3.1.2.1	O1	P1
   3.5.2.1	O1, O2	P1, P2, P3, P4, P5
   3.5.2.2	O1, O2	P1, P2, P3, P4, P5, P6
   3.5.2.3	O1, O2, O3, O4, O5, O6	P1, P2, P3, P4, P5
   3.5.2.4	O1, O2	P1, P2, P3, P4, P5
   3.7.2.1	O1	P1, P2, P3, P4

   
   

    

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