1.4.32 Neighbourhood Node - restricted discretionary activities

1. For restricted discretionary activity buildings and development in a Neighbourhood Node complying with Rule 4.13, Council has restricted its discretion to the consideration of the following matters (refer 2. below for assessment criteria) and may impose conditions of consent in relation to these:
   1. Structure Plan
   2. Location and Size
   3. Design
   4. Servicing
   5. Earthworks, silt and sediment control
   6. Design of dwellings
   7. Development Contributions

 

2. Applications for restricted discretionary activity resource consent for buildings and development in a Neighbourhood Node will be assessed against the following criteria.

    

   1. Structure Plan
      Whether the development is consistent with the relevant Structure Plan (refer Appendix 9) and does not preclude the achievement of the structural elements identified therein.

    

   2. Location and Size
      Whether the Neighbourhood Node is located in general accordance with a Structure Plan (refer Appendix 9), and is of a size to serve local convenience needs of the neighbourhood but not undermine the function of a town centre as the primary retailing and commercial activities centre.

    

   3. Design
      1. Whether the development is consistent with the relevant design assessment criteria (below).
         Planning, position and orientation design assessment criteria.
         • Neighbourhood Node should be located on a site that directly adjoins a road and is located adjoining or opposite a reserve that provides a recreation focal point for the neighbourhood.
         • A Neighbourhood Node should provide an appropriately located and designed courtyard or square to allow informal outdoor seating and may include cultural art form design.
         • Fencing on the boundary between a Neighbourhood Node and the related reserve and road should be avoided.
         • A Neighbourhood Node should accommodate most associated parking on site, but should provide some on-street parking on one or more of the frontage roads, preferably in 90 degree bays.
         • Where buildings do not front roads, landscaped or open space areas (courtyard or square) should be provided between the building and the main road frontage, and parking in these areas should be avoided.
         • Outdoor storage should be concealed from view from a road, reserve and adjoining dwellings by the configuration of the building, screening or landscaping.
         • Cycle racks should be provided at a convenient and sheltered location.

          

         External appearance design assessment criteria
         • The buildings of a Neighbourhood Node should be built generally abutting the boundary of the adjoining road, and designed to address the road with an active frontage treatment.  Buildings may be set back from the road boundary where a courtyard or square is provided in front of the buildings.
         • When viewed from any public space the buildings should create visual interest through modulation, articulation, roof form, openings, and variation, and avoid a continuous flat or blank building frontage to the road and/or reserve.
         • Canopies should be provided along the road frontage (as a minimum) and other locations as required for dry access to the main entry(s) from at least some of the car parking.
         • Buildings should exhibit proportions and forms complementary to nearby residential development.
         • Building height should provide interest and identity or define local landmarks.
         • Corners of buildings should be emphasised and are appropriate locations for architectural elements that are higher than the other buildings on site.
         • Signage should be designed to fit with the building and attached to the building rather than on freestanding signs.

          

         Mix of activities design assessment criteria
         • A Neighbourhood Node should contain a wide mix of activities to serve the day to day convenience needs of the neighbourhood if possible.
         • Activities that open out towards (and ideally have outdoor spaces facing or overlooking the edge of) the road or reserve, such as cafes and restaurants, are particularly encouraged.
         • Any childcare facility should have a safe and secure outdoor play area and a separate access. Parking and drop off for childcare activities should be provided in an identified and marked area close to the entrance to the childcare facility.
         • Any upstairs residential dwellings should be provided with a usable and private balcony or similar outdoor space, directly accessible from the main living area.
         • Views from the main living area of upstairs residential dwellings should have outlook over the reserve or road as a preference.
         • The main entrance to the upstairs residential dwellings from the outside should be provided separately from the entrance to the ground floor tenancies.
      2. Whether the design of the development can appropriately manage vehicle access, and loading and car parking requirements as provided for in section 9.
      3. Whether the design and layout of the development can ensure that activities (inlcuding outdoor activities) can adequately avoid, remedy or mitigate adverse effects on adjoining properties.

    

   4. Servicing
      1. Whether the development can be adequately serviced for stormwater (while managing cumulative effects on a catchment wide basis), wastewater, water supply and utilities.
      2. Whether the development is in general accordance with the MPDC Development Manual 2010.
      3. Whether the layout of building platforms and underground services is appropriate to avoid adverse effects on infrastructure.
      4. Whether there is a need for easements or other mechanisms for securing access to services or utilities on sites.
      5. The effects on the public services the Council is responsible for the locality or District and that the residents or occupants of the subdivided or developed area would make use of, generate a need for, or have an impact on (and for which “development contributions” may be required to offset adverse effects).
      6. The undergounding of any utility lines within or outside the site being developed.
      7. Whether development provides appropriate infrastructure in a coordinated manner, ensuring that development and the provision of infrastructure keep pace with each other.
      8. Whether the development is consistent with any approved discharge consent, and/or relevant regional technical publication and appropriate measures are proposed to avoid, remedy or mitigate the effects of stormwater discharges on the development site and any other site or property.  Applications shall provide an assessment by a suitably qualified person(s) to ensure that stormwater generated on the site by the proposal can be disposed of to the satisfaction of Council.
      9. In an identified Structure Plan Area, whether low impact stormwater management practices, including rainwater detention, reuse and ground water recharging are proposed to be utilised Council maintains a discretion to impose conditions of consent and consent notices on certificates of title specifying the requirements for stormwater detention and low impact stormwater management practices that all development must comply with.
      10. Whether the development is consistent with the performance outcomes identified in Section 5.9.2.

       

   5. Earthworks, silt and sediment control.
      The provisions of 1.4.21.2.(i) apply.

    

   6. Design of dwellings
      The provisions of 1.4.33 apply as relevant.

    

   7. Development Contributions
      The provisions of Rule 1.3.4 apply.

1.4.33 Comprehensive Residential Development – restricted discretionary activities

1. For restricted discretionary activity Comprehensive Residential Development complying with Rule 4.14, Council has restricted its discretion to the consideration of the following matters (refer 2. below for assessment criteria) and may impose conditions of consent in relation to these:
   1. Structure Plan
   2. Design
   3. Servicing
   4. Earthworks, silt and sediment control
   5. Maintenance of the opportunity for a Neighbourhood Node (as identified on a Structure Plan)
   6. Development Contributions

 

2. Applications for restricted discretionary activity resource consent for Comprehensive Residential Development will be assessed against the following criteria.

    

   1. Structure Plan
      Whether the development is consistent with the relevant Structure Plan (refer Appendix 13) and does not preclude the achievement of the structural elements identified therein.

    

   2. Design
      1. Whether the development is consistent with the relevant design assessment criteria (below). 
         Location, extent, and mix design assessment criteria
         • Every Comprehensive Residential Development should include a range of dwelling options.
         • Higher dwelling densities should be located adjoining a neighbourhood node or reserve, with densities reducing the greater the distance from these features.
         • Larger scale Comprehensive Residential Developments should be designed to deliver:
           • Outcomes in general accordance with a structure plan;
           • Interconnected public roads;
           • Neighbourhood reserve networks.
         
         Public interface design assessment criteria
         • The majority of dwellings should front roads.
         • Dwellings fronting roads should be located such that part of the dwelling is as close to the road frontage as possible.
         • As many dwelling plans as possible should have a public front and more private side or rear, including main living rooms, facing and opening generally to the northwest or northeast.
         • Driveways and garaging should generally be located close to the southernmost side boundary of the resultant lot.
         • Garage doors should be at least 6 metres back from the boundary with the road.
         • Dwellings adjacent to a road or reserve or other form of open space feature should have at least one window from a living room, dining room or kitchen that enables views to the road, reserve or feature.

          

         External appearance design assessment criteria
         • A transition in height and scale between the new development and any neighbouring buildings should be provided.
         • When viewed from any public space buildings should create visual interest through modulation, articulation, roof form, openings, and variation, and avoid a continuous flat or blank building frontage to the public space.
         • Secondary elements such as balconies, canopies, porches, bay windows, dormers and pediments should also be used to break up continuous mass and large roof forms.
         • Garage doors should not dominate the road elevation.
         • Where similar buildings are grouped or joined together individuality should be provided to each dwelling through devices such as individualised front doors, architectural detail, window boxes, colour schemes, materials and so on.
         • The style and materials used for any walls or fences forward of the front face of a dwelling should relate directly to the style and materials of the dwelling and the height of these structures should not exceed 1.2 metres.

          

         Planning, position and orientation design assessment criteria
         • Buildings should be oriented and located to define external spaces that allow adequate daylight to dwellings and sunlight to main living rooms and private outdoor spaces.
         • Buildings should be positioned to minimise overshadowing or visual domination of adjoining private outdoor spaces.
         • Site layouts should retain any existing mature trees where they contribute to site amenity.

          

         Private outdoor spaces design assessment criteria
         • Every dwelling should be provided with a flat private outdoor space located to the north, east or west of the dwelling and directly accessible from it.
         • Private outdoor space should not be positioned solely at ground level between the dwelling and any road boundary, though secondary semi private spaces such as verandahs may be positioned in this location.
         • Outdoor space on site should also include service areas for bin storage and should include provision of an outdoor washing line.
         • Ground level private outdoor space should be protected from being overlooked from windows and private outdoor spaces of adjacent dwellings.
         
         Parking and access design assessment criteria
         • Use of space on the development site for the turning and manoeuvring of vehicles should be minimised.
         • Outdoor parking spaces, shared vehicle access routes and any pedestrian routes on site should have adequate dimensions and be well lit for night time visibility and security.
         • Outdoor parking and access areas serving more than two dwellings should include attractive hard and soft landscape features where visible from publicly accessible locations.

    

   3. Servicing
      1. Whether the development can be adequately serviced for stormwater (while managing cumulative effects on a catchment wide basis), wastewater, water supply and utilities.
      2. Whether the development is in general accordance with any Council adopted Development Manual.
      3. Whether the layout of building platforms and underground services is appropriate to avoid adverse effects on infrastructure.
      4. Whether there is need for easements or other mechanisms for securing access to services or utilities on sites.
      5. The effects on the public services the Council is responsible for in the locality or District and that the residents or occupants of the subdivided or developed area would make use of, generate a need for, or have an impact on (and for which “development contributions” may be required to offset adverse effects).
      6. The undergrounding of any utility lines within or outside the site being developed.
      7. Whether development provides appropriate infrastructure in a coordinated manner, ensuring that development and the provision of infrastructure keep pace with each other.
      8. Whether the development is consistent with any approved discharge consent, and/or relevant regional technical publication and appropriate measures are proposed to avoid, remedy or mitigate the effects of stormwater discharges on the development site and any other site or property. Applications shall provide an assessment by a suitably qualified person(s) to ensure that stormwater generated on the site by the proposal can be disposed of to the satisfaction of Council.
      9. In an identified Structure Plan Area, whether low impact stormwater management practices, including rainwater detention, reuse and groundwater recharging are proposed to be utilised.  Council maintains a discretion to impose conditions of consent and consent notices on certificates of title specifying the requirements for stormwater detention and low impact stormwater management practices that all development must comply with.

    

   4. Earthworks, silt and sediment control
      The provisions of 1.4.21.2 (i) apply

    

   5. Maintenance of the opportunity for a Neighbourhood Node (as identified on a structure plan).
      Whether the proposal maintains opportunities to facilitate the development of a Neighbourhood Node in the general location(s) shown on a relevant Structure Plan

    

   6. Development Contributions
      The provisions of Rule 1.3.4 apply.

 

1.4.34 Restricted discretionary activities – utility services (power and telecommunications)

For restricted discretionary activities that do not provide utility services in accordance with relevant performance standards the Council has restricted its consideration to the following matters and may impose conditions in relation to these matters:



3. Telecommunications
   
   1. That the cost of providing reticulated services is cost prohibitive; or
   
   
   2. Any other unique site circumstances that justify services not being provided.
   If the application meets either of the above criteria it will also have to comply with the following:
   • Alternative options for telecommunications exist, such as mobile services; and
   
   
   • Consent notices are used to ensure potential purchasers are made aware of the lack of reticulated services.


4. Power (electricity)
   
   1. That not requiring electricity shall only be considered in exceptional circumstances.
   
   If the application meets the above criterion it will also have to comply with the following:
   
   • Consent notices are used to ensure potential purchasers are made aware of the lack of reticulated services.

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