1.4.26 Specified Shopping Frontages

Rule 3.4.6 may be waived or varied where any of the following circumstances apply:

• there will be no significant loss of pedestrian amenity if the verandah is not provided on the site in question
• the operational requirements of the activity do not enable a verandah to be provided in a reasonably practical manner
• alternative provision has been made for pedestrian shelter or owing to the particular location and the nature of the activity, such provision is not necessary.

1.4.27 Signs in Business and Industrial Zone

Council shall consider

1. whether signs are obtrusively visible from any residential area or public open space
2. whether the area of the sign is in scale with the associated activities or building development and compatible with the visual amenity of the area in which it is situated
3. whether in respect to freestanding signs they have positive effects in identifying the activity and contributing to the vitality of the streetscape having regard to the nature of the activity and the traffic environment in which the site is located.
4. whether larger signs are warranted for a vehicle oriented activity.

1.4.28 Reverse Sensitivity

In assessing the likely impact of new dwellings and subdivision for dwellings within the reverse sensitivity areas for potential reverse sensitivity as referred to in rules 2.2.3.9 and 6.1.1.5, Council shall restrict its discretion for a restricted discretionary activity resource consent to the following matters and may impose conditions in respect of each:

1. Any reverse sensitivity effect which may arise from the proposed subdivision/residential development in respect of any lawfully existing activities (“relevant existing activity”) in the vinicity. Sensitivity of proposed residents is to be considered in respect of the nature, scale and size of the subdivision/residential development and its location and topographical relationship to, and distance and bearing from, the relevant existing activity. As a reverse sensitivity effect may be present only in certain circumstances, the following factors will be relevant and should be taken into account:
   
   
   1. The frequency of the relevant adverse effect.
   2. The duration of the relevant adverse effect and time of exposure.
   3. The character and intensity of the relevant adverse effect.
   4. The location of the relevant adverse effect.
   5. Previous experiences of people with the relevant adverse effect.
   6. Existing levels of sensitivity.
   7. Whether or not mitigation measures can be put in place.
   8. The effects of the relevant established existing activity in its particular environment having regard to such factors as direction and velocity of wind and air movement and the extent to which mitigation of adverse effects is reasonable.
   9. Whether mitigation of the reverse sensitivity effect by the applicant for the proposed subdivision/residential development is in all the circumstances reasonable whether by way of design, earthworks, planting or moving the proposal (either by increasing the separation from the relevant existing activity, or by changing the bearing from the relevant existing activity by moving a proposed house site within the lot).
2. On receipt of the resource consent application the Council shall notify the owner/operator of the relevant existing activity which has triggered this rule, and the owner/operator shall advise within 10 working days if he/she wishes to enter into consultation as to whether the proposal will give rise to a reverse sensitivity effect.
3. Following the opportunity for consultation, the Council shall proceed to deal with the application in the ordinary manner.

Advice Note: For the guidance of Council, when assessing an application for such consent the Council will request the owner/operator of the relevant existing activity to provide an assessment of its effects to which the proposed dwelling or site will probably be subject. This assessment shall address criteria (a) to (i) above and, subject to any agreement between the applicant and the owner/operator, shall be provided at the cost of the owner/operator.

1.4.29 Strategic Objectives and Policies

Strategic objectives and policies may also be taken into account when considering resource consent applications for non-complying activities.

1.4.30 Logging of Natural Native Forest

1. Applicants must demonstrate that the proposal has minor adverse effects on sustaining the abundance or distribution of native fauna or vegetation species or is consistent with the objectives and policies of the Plan.
   
   That the method of extracting timber will not promote weed invasion by forming new tracks or clearing vegetated tracks. Following harvesting, the applicant shall undertake an annual plant and animal eradication programme of the harvested site to a total of 10 years. Such a program will be applied to the following species:
   
   

   Japanese Honeysuckle	(lonicera japonica)
   Jasmine	(jasmine polyanthum)
   Moth Creeper	(araujia cericifera)
   Climbing Asparagus	(asparagus scandens)
   Smilax	(asparagus asparagoides)
   Elaeagnus	(elaeagnus xreflexa)
   Madeira Vine	(andredera cordifolia)
   Blue Morning Glory	(ipomoea indica)
   Mile-a-minute	(dipogon lignosus)
   German Ivy	(senecio mikanioides)
   Ginger	(hedychium flavescens and h. gardnerianum)
   Wandering Willie	(tragescantia fluminensis)
   Tuber Ladder Fern	(nephrolepis cordifolia)
   Australian Monkey Apple Tree	(acmena smithii)
   And Trespassing Stock, Goats and Possums

   
   
   Such a programme shall be complimentary to any regional programme and the results of it shall be reported to the district council and regional council on an annual basis.
   
   Advice Note: The Regional Council can assist with the identification of these species. Also refer to the National Surveillance of Plant Pests.

 

2. Where a logging permit or forest management plan under the Forest Amendment Act and any subsequent amendments applies the area of native forest set aside in perpetuity from logging shall represent the mature vegetation type and species targeted for logging.
3. Compliance with 1.3.1(i), (ii) and (iii) Harvesting of Plantation Forests.

1.4.31 Regular stock movement within a berm of a road

1. Road safety and maintenance - each stock race route needs to allow for the safe use of the roading network. Any stock race must be considered in terms of a road safety audit carried out by Council so as to ensure the efficient and effective operation of the road. Such matters that will be considered include the following:
   
   1. Crossing a state highway, intersection, road, bridge or any other location where it is deemed to be dangerous to road users by Council.
   2. The movement of stock during the hours of darkness.
   3. Stock race maintenance such as fencing, clearing or noxious weeds, effluent disposal and potential damage to private property.
   4. Potential effects on any utilities located in the road reserve are not affected by the stock race.
   5. Any potential adverse effects on the roading network.
2. The extent to which regular stock movement may adversely affect access of adjacent owners
3. Access – whether an underpass should be installed so as to allow for the free movement of vehicles and stock so as to ensure future access is not impaired
4. Fencing – three wire electric fence or similar to ensure road safety. This fencing shall be at a safe distance from the road carriageway as determined necessary.
5. Drainage – to ensure that Councils roadside drainage and any other drainage system is not adversely affected.
6. Future public works - whether the proposal will hinder the possibility of any future public work within the road reserve as a result of regular stock movement within the grass verge. Consent to use the road reserve may be revoked so Council can use the road reserve for other purposes such as shape correction and minor safety works.
7. Review – the appropriateness of a review or a fixed term of the consent to protect future access of adjacent owners (It is expected that most consents issued under this rule would provide for a review and or a fixed term)