1.4 Assessment Criteria

Published: Thursday, 29 January 2009 08:42 | Print

1.4 Assessment Criteria for Restricted Discretionary, Discretionary and Non-Complying Activity Resource Consent Applications

In considering restricted, discretionary and non-complying activities, Council shall have regard to any or all of the following matters, as appropriate, as well as the Performance Standards (Section 5), Development Contributions (Section 7), the Other Methods in Section 13 and the MPDC Development Manual 2010. These matters do not restrict Council’s discretionary power.

1.4.1 Visual

The visual effects of an activity or work will be assessed in terms of the likely effect on:
1. 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.
2. Design elements in relation to the locality, with reference to the existing landscape character of the locality and amenity values.
3. The mitigating effects of any proposed Landscaping.
With regard to Activities in the Kaitiaki (Conservation) Zone:
1. Whether the siting, design and external appearance of any building dominates the skyline when viewed from any formed public road, accessway or public open space;
2. Where the application involves a building on or near a ridgeline the Council will consider whether:
  - The highest point of any building is below that of the natural landform at the watershed of the ridge line immediately adjacent to it; or
  - The highest point of any building is below that of any existing vegetation, or proposed planting, which provides a vegetative screen between the site of the proposed building and the watershed of the ridge immediately adjacent to that site.
3. Whether existing bush and vegetation will be retained where practicable, and sufficient landscape planting is provided for screening and as a backdrop where necessary, to ensure that buildings blend with the natural character of the landscape.
4. Whether any earthworks necessary for the creation of a building platform, and access, will cause minimal disturbance to the landform and character of the site, and whether any such areas will be appropriately landscaped as soon as practicable having regard to the season.
5. Whether driveways, private ways and turning areas will be constructed in such a manner as to require minimal disturbance to existing landform or vegetation.
6. In addition to (a) – (e) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Okauia 1 Block being Part DP7148, Okauia 4B Block, Lot 1 DPS 24315 Blocks IV and VIII Tapapa SD as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.
7. In addition to (a) – (e) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Section 126, Block II Tapapa East Survey District (CT SA5B/22) as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.
In making an assessment of visual impact regard shall be had to:
1. The scale of the facility or building;
2. Height, cross sectional area, colour and texture of structures and buildings;
3. Distance of structures to site boundaries, the degree of compatibility with surrounding properties;
4. Site location in terms of the general locality, topography, geographical features, adjoining land use, ie landscape character, rural houses;
5. Proposed planting, fencing and other landscaping treatments;
6. Proposed signs;
7. Civil aviation height, colour and design requirements;
8. The intensity of lighting when viewed from a distance should not be out of character with the environment in which the installation is situated;
9. 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;
10. The opportunity for co-siting the facilities;
11. Increased movement resulting from the activity.
In assessing any proposed landscaping regard shall be had to:
1. Whether existing landscape features are integrated into the new development;
2. 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;
3. Size and type of trees to be planted at the time of planting and at maturity having considered:
  - The character of the building or activity on-site;
  - The character of adjacent properties;
  - The scale of any parking areas to be screened;
  - Potential shadowing in winter of adjacent residential or rural properties orpublic reserves ;
  - Underground and overground services;
  - Suitability of the species to the location;
  - Suitability of the maintenance plan and watering programme to the species.
4. The timing of implementation of the landscape plan and the maintenance of approved planting;
5. Whether the type and the location of planting promotes public safety.
6. Whether the Landscape Plan is certified by an appropriately qualified person as consisting of hardy plants suited to the location and capable of achieving the appropriate screening or enhancement purposes desired in the circumstances.
7. The Preliminary Visual and Landscape Study, October 1992 (Volume I).

Objectives/Policies
2.4.2	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
3.5.2.4	O1, O2	P1, P2, P3, P4, P5

1.4.2 Noise Effects

The Council shall ensure that existing activities are not adversely affected by the proposal. In determining appropriate noise levels, Council shall have regard to the noise environment of the locality in which it is proposed to site the facility and the practicality of reducing noise from the utility components.
With regard to airports, Council shall have regard to New Zealand Standard 6805:1992 and New Zealand Standard 6807 with regard to Helicopter noise.
Council shall also have regard to the "Guidelines for the Management of Road Traffic Noise - State Highway Improvements" by Transit New Zealand.
With regard to dwellings located within 50 metres of a State Highway and 25 metres of any other road within the rural zone, Council shall have regard to the environmental outcome prescribed for dwellings in Rule 5.2.1. Applicants should note that in some circumstances an acoustic design report may be required to enable the impact of noise on the dwelling to be fully assessed.

Objectives/Policies
3.4.2	O1	P1
3.5.2.3	O1, O2, O3, O4	P1, P2, P3, P4

1.4.3 Stormwater and Effluent Effects

The proposal shall be designed and maintained in a manner which prevents as far as practicable, pollution or contamination of ground or water or Council's stormwater system. Techniques such as bunding, impermeable layers under bunds and interceptors may be required. The extent of measures required will be determined after consideration of the Building Code and the sensitivity of the receiving environment to discharges.

The matters identified in Section 5.9.2 and Section 6.2.1 shall also be considered.

Objectives/Policies
2.4.2	O1	P1
3.3.2.1	O1	P1, P2, P3

1.4.4 Traffic and Access

Traffic volumes, traffic mix relative to the existing and future traffic patterns, speed environment, access, parking and loading on-site.
Hours of operation relative to the existing and future neighbourhood amenity.
Construction traffic volumes, traffic mix, hours of operation.
The operational requirements of the activity (e.g. wherever more than one access facilitates the safe and efficient movement of vehicles to and from the site).
The extent to which potential adverse effects of the activity on traffic safety and efficiency will be avoided, remedied or mitigated by implementing traffic management measures such as:
- Flush medians or solid medians
- Deceleration and acceleration lanes on State highways
- The careful design and location of access points on to roads, particularly State highways.
The effects of the activity having regard to the LTSA Guidelines for Service Stations (to the extent that these are relevant to other high traffic generating uses).
In respect to Section 9.1.1(iii)(g) [restricting vehicle access to specified shopping frontages] whether there will be no significant loss of pedestrian amenity if a vehicular access is provided and, having regard to the particular location and the nature of the activity, the overall objectives for the zone will not be compromised.
The matters identified in Section 5.9.2 and Section 6.2.1 shall also be considered.

Objectives/Policies
2.4.2	O1	P1
3.8.2	O1,O2, O3, O4, O5, O6, O7	P1, P2, P3, P4, P5, P6, P7, P8, P9

1.4.5 Parking and Loading

Alternative Means of Providing Parking and Loading
1. Joint Provision of Parking and Loading for Several Activities
  
  Where several activities are established on any site, or on several sites in any area, the Council may permit the developers of such activities to provide joint off-street parking and loading areas for their common use. The number of parking spaces required shall be the sum of the requirements for each activity.
  
  Where it can be shown that the parking or loading demand of one or more of the activities occurs at a different time from that of the remaining activities, the Council may waive the parking or loading requirement through a resource consent application for one or more of the activities.
  
  The Council may allow a developer to enter into an agreement to use an existing parking or loading area as a joint area where the demand for parking or loading of vehicles occurs at a different time from that of the existing activities, or where the Council considers that there is sufficient capacity to accommodate the additional vehicles.
  
  In every case Council shall require written documentation of the agreement or arrangement entered into.
  
  The Council reserves the right, with notice, to re-impose the individual requirements should circumstances change with respect to the right of any developer, owner or occupier to use the joint parking or loading area,
2. Cash in Lieu
  
  Council may accept cash-in-lieu of parking and the monies received shall equate to the value of Council land nearby (being 25m2 per carpark) and the formation costs of the required carparks. Council shall provide such off-site parking within 5 years of receipt of such cash-in-lieu provision.
  
  An account shall be kept at Council’s Offices of the number of spaces funded by developments in the vicinity of the carpark. This information must be referred to prior to Council accepting a financial contribution. See also Development Contributions: Section 7.
3. On-Street Parking
  
  Where on-site parking is required for commercial development but Council considers that it is not reasonable or practical now or in the future to make that provision on-site, Council may approve on-street parking immediately adjacent to the property.
  
  The Council may require a set back of the footpath to accommodate such parking and may require the full cost to be borne by the applicant.
  
  For clarity such alternative parking provision shall only be permitted on the same side of the street as the proposed activity.
4. Additional Land
  
  The Council may approve parking provided on suitably zoned land sufficiently close to that site (but not on any road or service lane) to ensure the ready use of such parking areas by visitors and employees of the activity. Council shall require legal evidence of the parking site being tied to the activity.

Whichever option is pursued, the matters identified in Section 5.9.2 and Section 6.2.1 shall be considered.

Objectives/Policies
2.4.2	O1	P1
3.8.2	O2, O3, O4, O5	P2

Explanation

When considering applications for activities that do not meet the performance standards required with respect to access on-site parking and loading, Council shall consider alternatives that may be appropriate to the site specific circumstances of the proposal.

1.4.6 Social And Heritage Effects

The likely impact of construction, operation and maintenance activities including those in residential and rural areas, marae, public reserves and identified significant features. (Particularly the function of community and recreational facilities in the vicinity of the proposed facility). (See Appendix 1, Evaluation Criteria)
The impact on the adjacent site's management including public and private airfields.
The Iwi’s opinion if Maori land titles are being alienated.
The degree to which the proposal complies with a Reserves Management Plan prepared under the Reserves Act 1977 or any other empowering legislation.

Objectives/Policies
2.4.2	O1	P1
3.1.2.3	O1	P1, P4, P5, P6

1.4.7 Wind Effects

The effects of the structures on the micro wind climate of the neighbourhood particularly adjacent to residential, marae and recreational facilities.

Objectives/Policies
3.2.2.3	O1	P1, P2

1.4.8 Odour Effects and Air Emissions

The effect of, and the probability of, offensive odours and particulate matter from the operation of facilities and in particular the operation of sewage treatment and disposal facilities and solid waste management disposal sites.

Objectives/Policies
2.4.2	O1	P1
3.5.2.3	O1, O2, O3, O4, O5, O6	P1, P2, P3, P4, P5

1.4.9 Risk Management

Council shall have regard to the degree of risk associated with the following. (Council may require further information to enable a full assessment of the proposal):
1. The use of hazardous substances in the facility and proof that the NZ Fire Service and the Regional Council have been advised.
2. The technology used in the provision of the service eg. high voltage electricity, radio-active material, electro magnetic fields.
3. Risk of rupture, breakage, collapse, failure, movement etc of components of the facility as it relates to the design and maintenance of the facility and the effect of natural hazards on the facility.
4. The measures inherent in the proposal which will avoid, remedy or mitigate the potential for that effect to occur.
Where the application relates to the use, management, development or rehabilitation of a contaminated site the applicant shall advise on the risks of undertaking the proposed activity in relation to the contaminants identified on the site.

Objectives/Policies
3.2.2.1	O1	P1, P2, P3, P4
3.2.2.2	O1	P1
3.2.2.3	O1	P1, P2
3.2.2.4	O1	P1, P2
3.2.2.5	O1	P1

1.4.10 Biological Effects

The existence on-site or adjacent to the site of outstanding, significant or intrinsically valuable ecosystems or flora or fauna (see Appendix 1, for the Evaluation Criteria).

Whether all existing indigenous vegetation will be retained but not including the understorey, and regrowth of failed lawful plantings of a plantation forest except where removal is unavoidable for the reasons outlined below:
- To create a building platform,
- For access and parking,
Any works should minimise disturbance to the landform/character and vegetation.
Whether there is sufficient time and expertise to record and document the heritage resource before the proposal occurs.
Consideration of the provisions of any relevant Management Plans.
Where the evaluation criteria in Appendix 1 show any significant natural feature, tree or stand of trees, building, object, geological feature or waahi tapu worthy of protection then that item should be included in the relevant schedule.

Objectives/Policies
3.1.2.2	O1	P1, P2, P3, P4

1.4.11 Rural Zone

Discretionary or non-complying activity resource consent applications on Class I, II and III soils within the Rural Zone must show that the high quality soil is not degraded, compromised or lost from the land resource.
That the requirement for the dwelling is directly related to the long-term labour requirements of the property and there is appropriate servicing available to the site at the applicant's expense.

Objectives/Policies
3.3.2.1	O1	P1, P2, P3
3.3.2.1	O2	P1, P2, P3

1.4.12 Kaitiaki (Conservation) Zone

The nature and extent of the proposed work and the degree to which it may disturb natural landforms, landscapes, features and vegetation, or create soil instability, or lead to adverse effects to natural habitats, watercourses and wetlands.
Any proposal for use and development shall as far as practicable, be located, designed, constructed or placed to complement the character of the environment in which it is located.
Use and development shall be considered inappropriate where it would modify, damage or destroy any regionally or nationally or internationally rare, threatened or endangered indigenous fauna or habitat of such fauna, plant or plant community, or any significant indigenous vegetation which contributes to the recognised values of the area.
The location and extent of any archaeological cultural and historic sites within any area subject to the application and how they will be affected by the proposal.
The likely impact of the proposal on natural landforms in terms of visual appearance, and the potential for subsidence or erosion (including stream banks).
Development proposals shall ensure that any run-off or stormwater resulting from the establishment of the activity does not lead to siltation, sedimentation, or a reduction of water quality in natural watercourses and groundwater that leads to adverse effects on identified natural habitats and ecosystems or detracts from the natural character of the environment.
All existing indigenous vegetation shall be retained except where removal is unavoidable for the following reasons:
1. To create a building platform
2. For access and parking
3. For the purposes of the proposed activity.
Native vegetation removal and all earthworks must not adversely affect the sustainability of natural habitats and ecosystems.
Details of an appropriate rehabilitation programme or other mitigation measures for the area to be subject to the proposed activities.
The time period over which the work will take place.
The provisions of any relevant management plan or conservation plan.
In addition to (i) – (xi) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Okauia 1 Block being Part DP7148, Okauia 4B Block, Lot 1 DPS 24315 Blocks IV and VIII Tapapa SD as identified in Schedule 5 whilist ensuring adverse effects of such activities are avoided, remedied or mitigated.
In addition to (i) – (xi) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Section 126, Block II Tapapa East Survey District (CT SA5B/22) as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.
And the standards and terms of 1.4.29(i)

Objectives/Policies
3.1.2.1	O1	P1
3.1.2.2	O1	P1, P2, P3, P4

1.4.13 Mining or Quarrying

In addition to the general assessment criteria for discretionary and non-complying activity resource consent applications, Council shall have regard to:

Management Plan

Whether there is an adequate management plan for the site and the extent to which it describes the activity, and details appropriate methods to be used to avoid, remedy or mitigate adverse affects, of:
- Stripping and stockpiling top soil and overburden
- Stormwater and wastewater disposal
- Dust
- The transport, storage and use of hazardous substances including explosives
- Traffic
- Access
- Noise
- Rehabilitation
Council should have regard to whether the working of the mine, quarry or pit shall be programmed into stages and the working area shall be restricted to one stage at a time.
- blast noise and vibration (see Rule 4.9.1)
Rehabilitation
1. the means and extent to which top soil is proposed to be retained for future rehabilitation of the land;
2. the means and extent of restoration proposed of the soil profile and of all excavations and land disturbances to a natural, vegetated landscape;
3. the programme, species and timing proposed for rehabilitation planting;
4. closure programme including removal of plant, buildings and waste on completion of works or expiry of consent.
Separation
1. whether a minimum of 300m separation is provided for between the working areas (including stockpiling areas) and the site boundary for mitigation of noise, dust and other nuisances;
2. whether a lesser distance can mitigate all such adverse effects.

Objectives/Policies
3.3.2.1	O1	P1, P2, P3
3.3.2.1	O2	P1, P2, P3
3.5.2.3	O1, O2, O3	P1, P2, P3, P4, P5

Explanation

These rules are implementing the Objectives and Policies concerning Sustainable Primary Production, Landscape and Amenity. The District has in the past experienced the adverse effects created by mining and quarrying and is thereby very aware of the need to ensure operators are committed to a realistic site management system and rehabilitation of mining and quarrying sites.

1.4.14 Commercial Stockyards, Saleyards and Holding Paddocks

In addition to the general assessment criteria for discretionary and non-complying activity resource consent applications, the following shall apply for Commercial Stockyards, Saleyards and Holding Paddocks.

Separation

Council shall have regard to whether a minimum of 500 metres separation can be provided from a Residential or Business zone to mitigate the potential adverse effects of odour, noise and other nuisances can be provided or whether a lesser distance can mitigate all adverse effects and whether a minimum of 30 metres can be provided from ancillary buildings to such zones.

Objectives/Policies
2.4.2	O1	P1
3.5.2.3	O1, O2, O6	P1, P3, P4, P5
3.8.2	O1	P1, P2

Explanation

The concentration of animals into stockyards and saleyards can result in adverse effects including concentrations of effluent aerosols and odour as well as excessive noise and traffic congestion for the term of the sale. Council's rules are based on Objectives 3.5.2.3, O1, O2 and O6 of the Amenity section as well as Objective 3.8.2, O1 concerning the maintenance of safe and efficient roading networks.

It is recognised that the separation distances will require larger sites and thereby incur costs on operators. The WRC’s rules on discharge permits will ensure that contaminants are adequately collected, treated and disposed of. The issues of stormwater, effluent aerosols and odour will be controlled through District Council rules. Distance can abate noise levels to a degree and such a measure is implemented in conjunction with the noise standards of Section 5 Performance Standards.

Sale times attract large numbers of vehicles as well as a significant proportion of stock trucks. The provisions of Section 9 concerning safe and effective accessways and on-site parking, loading and manoeuvring are also relevant to this activity.

The rule in relation to separation distances from the Residential or Business zones has not been extended to rural dwellings because it is perceived that such a rule would be unduly onerous on the development of stockyards and saleyards.

The character and amenity values of the rural zones includes the effects of pastoral farming and the consequential saleyard activities. Council considers that saleyards and stockyards are an integral part of rural life and that rural residents accept different amenity values to those persons in Residential and Business zones.

1.4.15 Intensive and Litter Poultry Farming

In addition to the applicable Assessment Criteria elsewhere in Section 1.4 and the Performance Standards in Section 5:

Intensive Farming
1. Council may consider the provisions of Codes of Practice produced by farming groups such as the Pork Industry Board (1993).
  - To determine the appropriate separation of buildings from adjacent buildings and Residential zones. A minimum separation of 500 metres is anticipated or 100 metres per 700m2 of gross floor area whichever is the greater.
  - To assess the ability of the operation to internalise objectionable odours having regard to any separation that may exist.
  - To determine the appropriate measure for the disposal of solid and wastewater
  - To determine the appropriate level of landscaping
Litter Poultry Farming

In addition to the applicable Assessment Criteria elsewhere in Section 1.4 and the Performance Standards in Section 5, Council shall consider the measures to be implemented to avoid, remedy or mitigate adverse effects at or beyond the property boundaries having regard to the following:
- No less than 500 metres separation is provided to a residential zone.
- No less than 250 metres separation is provided on site to the property boundary. Such measurement is to be from the perimeter of the proposed and/or existing sheds (external walls) exclusive of spray irrigation areas.
- Shed location and design, and the means of ventilation.
- A topographical plan and the provision of information as to the prevailing weather patterns particularly wind patterns.
- A Management Plan for the facility including:
  - Environmental objectives and targets, use of best practicable options, performance reviews, checklists.
  - Construction protocols.
  - Shed details including ventilation and litter management.
  - Waterway and feeding systems.
  - Harvest and cleanout, dead bird management.
  - Landscape planting and maintenance.
  - Wastewater and stormwater management.
  - Waste management and litter disposal.
  - Air quality and odour management.
  - Traffic noise and management.
  - Noise mitigation.
  - Hazardous goods, emergency and incident management.
  - Monitoring, maintenance, records and reporting.
  - Community liaision with adjoining neighbours.
  - Complaints systems and management including schedule of neighbouring properties and contact phone list.

Advice Note: That Council has a commitment to ensuring a high quality of feed is supplied by the supplier to the grower in order to reduce odours associated with litter poultry farming. Materials/ingredients that are used in the feed should be those that reduce the potential of the feed to produce an objectionable odour. An agreement between the Council and the supplier of the feed may be appropriate to specify feed content and quality.

Encroachment of Separation Distance onto Adjacent Land

Council will consider the encroachment of the separation distance around Intensive and Litter Poultry Farms onto adjacent land holdings where that adjacent land owner and/or occupiers have voluntarily offered their written consent to the potential effects and where the applicant demonstrates that it has explained the implications of such consent and suggested that legal advice be obtained. Such consent may be recorded on the certificate of title in the form of a “No Complaints Covenant”.

Advice Note: In assessing the possiblility of adverse effects from odour, particulate matter, and wastewater discharges emanating from Intensive and Litter Poultry Farming, the Council shall concern itself with integrated land-use management and amenity impacts in terms of its functions under Section 31 of the Resource Management Act 1991, leaving regulation of the actual discharges to the Regional Council (as provided for under Section 30 of the Resource Mangement Act 1991).

Objectives/Policies
2.4.2	O1	P1
3.5.2.3	O1, O2, O3, O4, O5	P1, P3, P4, P5

Explanation

The District has experienced the adverse effects of poultry farms, hatcheries and piggeries and the District Plan's rules are intended to avoid, remedy or mitigate these adverse effects.

The rules are intended to allow Council to implement guidelines that have been prepared by each agricultural sector which has in depth knowledge of the performance of the activity.

It is considered that the more restrictive discretionary activity process is necessary to ensure that each proposal is fully assessed and all adverse effects are appropriately managed.

1.4.16 Activities involving Items in Schedules 1, 2 and 3

General
1. Whether the proposal has adverse effects on the scheduled resource and the measures taken to avoid, remedy, or mitigate potential adverse effects;
2. The necessity for the proposed works or activity and any alternative methods and locations available to the applicant for carrying out the work or activities;
3. Whether the proposed activity detracts from the intrinsic value of the resource;
4. Whether the works or activity would wholly or partially nullify the effect of scheduling the resource;
5. Whether there is any change in circumstance that has resulted in a reduction of the value of the resource since it was scheduled in the plan;
6. Any proposal for use and development shall as far as practicable, be located, designed, constructed or placed to complement the character of the environment in which it is located;
7. Use and development shall be considered inappropriate where it would modify, damage or destroy any regionally or nationally or internationally rare, threatened or endangered indigenous fauna or habitat or such fauna, plant or plant community, or any significant indigenous vegetation which contributes to the recognised values of the area;
8. The likely impact of the proposal on natural landforms in terms of visual appearance, and the potential for subsidence or erosion (including stream banks);
9. Development proposals shall ensure that any run-off or stormwater resulting from the establishment of the activity does not lead to siltation, sedimentation, or a reduction of water quality in natural watercourses and groundwater that leads to adverse effects on scheduled natural habitats and ecosystems or detracts from the natural character of the environment;
Trimming, maintenance, removal and the undertaking of any activity or works within the dripline of any scheduled or generally protected tree:
1. The necessity for carrying out the works including whether the tree is;
  - dead, dying, diseased, or has lost the original qualities for which it was originally scheduled,
  - required to be removed from drainage systems, rivers or watercourses,
  - interfering with network utilities or other public works,
  - causing significant or unusual hardship.
2. The extent of trimming, maintenance and the methods to be employed and whether this is in accordance with accepted arboricultural practice.
3. Any alternative methods which may be available to protect the tree, including modification of development controls where this would encourage retention and enhancement of existing large trees on the site.
4. Whether the tree can be relocated.
5. Whether or not the proposed activities in the dripline of the tree are in the opinion of the Council likely to damage the tree or endanger its health.
6. Extent to which the tree or areas of bush contributes to the amenity of the neighbourhood, both visually and physically, including as a habitat for birds and animals.
7. Whether the proposed landscaping or revegetation can compensate for any loss envisaged.
Any works or activities which will have an effect on any scheduled waahi tapu.
1. Whether any consultation has occurred with tangata whenua and there is written confirmation from any affected parties that the activity avoids, remedies or mitigates adverse effects on tangata whenua taonga.
In addition to the general matter in (i), the following matters shall apply for alteration, modification or demolition of a Scheduled building or object.
1. Whether the building or object is classified in Group 1 or 2 and the reasons why it was scheduled.
2. Whether the proposed alterations or modifications respect the original building and are not visually dominant.
3. Whether the relationship of the building or object with the setting is maintained.
4. Where a change of use is proposed, which is not a permitted activity within the zone, the economic viability of the project will be taken into account and whether the proposed activity encourages the protection and maintenance of the scheduled building or property.
5. When considering the application Council may invite an opinion from an architect specialising in building conservation and/or the New Zealand Historic Places Trust, except where that person or organisation has lodged a submission to the application. Where a building object or place is registered by the Historic Places Trust or subject to a heritage order or requirement or otherwise identified in the plan as having heritage value, the Trust is recognised as an affected party.
6. Whether the consent sought avoids the least loss of material of heritage significance from the scheduled building or place.
Te Aroha Area
1. Nature, form and extent of the development, alteration or change and its effect on the particular character of the character area.
2. The use made of similar building materials and design in alterations or additions.
3. Reasons why the work is necessary.
4. Where demolition or removal of a building is proposed, demonstration that such action will not significantly affect the streetscape appearance of the character area and will not destroy its unified entity.
5. The proposed activity will positively enhance the protection and maintenance of the building, in a manner in keeping with the particular character of the character area.
6. The proposal will not have an adverse effect on the particular character or environment of the character area.

Objectives/Policies
3.1.2.2	O1	P1, P2, P3, P4
3.1.2.3	O1	P1, P2, P3, P4, P5, P6

1.4.17 Surface of Water

In addition to the general assessment criteria for discretionary or non-complying resource consent applications the following shall apply to resource consent applications relating to the Surface of Water :

The functional need for the activity or structure to locate on or over the surface of the river.
Whether the activity or use can be accommodated by existing facilities or services.
The impact of the activity or structure on the natural character, landscape quality and amenity of the river.
Any disturbance that may be caused to residents in adjoining residential or rural zones, particularly noise impacts.
The impact of the structure on the ecology and hydrology of the river.
The speed and size of any vessels to be used shall comply with the Water Recreation Regulations on the surface of waterways and any likelihood of bank erosion.
The impact on public access over the surface of water.
Any visual effects of buildings, within the waterway or from adjoining rural or residential zones, particularly in respect of their size and scale.
Any adverse effects the buildings may cause on waterway and floodplain management and functions, including erosion.
Where appropriate the Evaluation Criteria for Significant Natural Features (Appendix 1) shall be considered.

Objectives/Policies
3.6.2	O1	P1, P2, P3

1.4.18 Hazardous Substances

The Hazardous Facility Screening Procedures (HFSP), shall be used to identify the appropriate level of scrutiny to process an application for a proposed hazardous facility.

The Hazardous Facility Screening Procedure (HFSP) shall be applied to all proposed new facilities using or storing hazardous substances.

In addition to the general assessment criteria for discretionary and non-complying activity resource consent applications the following shall apply for resource consent applications for hazardous facilities:

Where the HFSP has determined that a hazardous facility is a discretionary activity and will therefore require a resource consent, the consent application shall be accompanied by an assessment of environmental effects. This shall be provided in such detail as corresponds with the scale and significance of the actual or potential effects and risks of the proposed development.

An application will be assessed having regard to the following matters:

Consistency with the objectives, policies and controls for the relevant zone.
Risk assessment.

A qualitative or quantitative risk assessment may be required, depending on the scale or potential effects of the proposed development. As well as addressing more analytically the issues addressed in the HFSP, this assessment should place particular emphasis on those issues not addressed in detail by the HFSP, including:
1. Identification of potential hazards, failure modes and exposure pathways;
2. The separation distance to neighbouring activities, with emphasis on people-sensitive activities such as childcare facilities, schools, rest homes, hospitals, shopping centres and residential areas;
3. The location of the facility in relation to the nearest aquifer, waterway, coast or other sensitive environments;
4. The nature of the sub-soil and the site geology and possible exacerbated natural leaching;
5. The distance to environmental sensitive areas such as wildlife habitats or water catchments;
6. Assessment of the probability and potential consequences of an accident leading to a release of a hazardous substance or loss of control;
7. Identification of cumulative and/or synergistic effects;
8. Fire safety and fire water management;
9. Adherence to health and safety and/or environmental management systems;
10. Spill contingency and emergency planning, monitoring and maintenance schedules;
11. Site drainage and offsite infrastructure, e.g. stormwater drainage system, sewer type and capacity;
12. The transport of hazardous substances; and
13. The disposal of wastes containing hazardous substances.
Risk Mitigation and Management

Consideration will be given to the adoption of specific spill contingency plans, emergency procedures, stormwater management and treatment, treatment and disposal procedures for wastes containing hazardous substances, fire safety, monitoring and maintenance procedures, and appropriate site management systems.
Alternatives

Where it is likely that an activity may result in significant adverse effects on the environment, a description of alternative locations or methods for undertaking the activity shall be submitted.
Traffic Safety

It should be demonstrated that the proposal will generate no significant adverse effects on the safety of the operation of the adjoining road network and that vehicles transporting hazardous substances will not utilise local roads in residential areas as a regular means of transport. Conditions may be imposed that require access along specified routes.

Objectives/Policies
3.3.2.2	O1	P1, P2

1.4.19 Solid Waste

Council shall have regard to the degree to which the operation applies waste reduction and/or waste minimisation techniques.

Objectives/Policies
3.3.2.1	O1	P2
3.7.2.4	O1	P1

1.4.20 Subdivision (excluding Rural zone subdivision)

In addition to the general assessment criteria for discretionary and non-complying resource consent applications the following criteria shall be considered for discretionary subdivision consent applications.

Development Suitability
The Development Suitability Criteria in Section 1.2.

Urban Design
The New Zealand Urban Design Protocol and the National Guidelines for Crime Prevention Through Environmental Design principles for all subdivisions within the Residential, Business and Industrial Zones.

Advice Note: The Council has prepared Urban Design Guidelines to provide direction in the approach sought.

Objectives/Policies See objectives and policies in Section 1.2
3.1.2.2	O1	P1, P2, P3, P4

1.4.21 Subdivision - restricted discretionary activities in Precinct F

For restricted discretionary activity subdivision consent applications provided for in Table 6.1.1. 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 and Layout
3. Development Suitability
4. Activities with Resource Consents
5. Servicing
6. Future Urbanisation
7. Geotechnical matters
8. Natural Hazards
9. Remediation of soil contamination and verification of effective completion of works
10. Earthworks, silt and sediment control
11. Transportation
12. Maintenance of the opportunity for a Neighbourhood Node (as identified on a structure plan).
13. Development Contributions under Section 7 and the Local Government Act 2002
14. Reverse sensitivity

Applications for restricted discretionary activity Resource Consent for subdivision will be assessed against the following criteria.
1. Structure Plan
  Whether the subdivision is consistent with the relevant Structure Plan (refer Appendix 9) and does not preclude the achievement of the structural elements identified therein.
2. Design and Layout
  1. Whether the subdivision is in general accordance with the relevant Structure Plan and subdivision design assessment criteria (below), and/or whether the subdivision gives appropriate consideration to the design and layout of reserves, walkways and cycle ways and street design, including connections to neighbouring properties, and avoids, remedies or mitigates adverse effects on the State Highway network. Conditions may be imposed to ensure access to adjoining sites is maintained through either the street network or the provision of walkways and cycle ways, particularly where community facilities, reserves and other residential or commercial areas are located nearby.
    Road, reserve and access networks design assessment criteria
    - The layout and design of roading and open space networks as indicated on a relevant structure plan should achieve connectivity within and between neighbourhoods.
    - Road patterns should be logical and contribute to the legibility of the area and should maximise convenient access to arterial and collector roads, schools, reserves, neighbourhood node, employment and a town centre.
    - Road layouts should provide for flexibility of access.
    - Neighbourhood nodes (where provided on a structure plan) should be located on a collector road and adjoin or be opposite a reserve.
    - Safe pedestrian and cycle routes should be integrated with road and reserve design and should match desired lines.
    - Layouts should retain existing mature trees, preferably in reserves or road reserves, where these contribute to existing site amenity.
    - Layouts should implement identified pedestrian walking trails and provide appropriate hard and soft landscaping designs.
    - Blocks should be of a scale and shape to achieve a permeable street layout.
    - Blocks and lots should be designed to enable future dwellings with good solar access.
    - As many lots as possible should front onto and be accessed directly from a legal road. Rear lots should generally be avoided.
    - A variety of lot sizes should be provided.
    - Lots should generally have a depth that is twice the width of the lot.
    - Lots intended for comprehensive housing developments, where within the Comprehensive Housing Development Overlay, should be of an appropriate size, shape and orientation and should have adequate frontage with a road to support the development of housing in general accordance with the relevant design assessment criteria and provide for the development of infrastructure and roads illustrated on the relevant Structure Plan.
    - Road cross-sections should be appropriate to the nature of the service they provide and also reflect urban design legibility considerations in addition to transport engineering.
    - Local traffic management measures such as road narrowing, tightened intersection corners, chicanes, raised table pedestrian crossing points and material differentiation should be applied to limit the speed of vehicles on local roads to enhance safety, movement and amenity for pedestrians and cyclists.
    - Collector roads shall be designed to manage traffic speeds.
    - A consistent palette of traffic management tools should be used in a given development area or neighbourhood.
    - Generous street tree planting should be provided on all roads.
    - Street trees and landscaping with slender trunks and foliage above 1.5 to 1.8m should be utilised with consideration to utility assets above and underground, on-going maintenance, the life-cycle and the effects on adjoining building sites and properties.
    - Where jointly owned private ways or right of ways are required, they should be generous in width and if passing between adjacent lots, be short and avoid sharp bends, and comply with section 6.2.3 and the MPDC Development Manual 2010.
    - For roads with identified parking bays, the position of parking bays should be designed with recognition of the likely position of driveway crossings onto lots.
    - Reserves should be distributed in general accordance with the locations shown on a Structure Plan.
    - Reserves should generally be reasonably flat, and be designed and located to provide a focal point for the neighbourhood.
    - Reserves associated with neighbourhood nodes should be larger than other local reserves in recognition of their central community function.
    - Clear sight lines into all areas of reserve should generally be available from public roads (as a first priority) or nearby dwellings. Reserves should generally be fronted by two public roads.
    - Consideration to be given to the potential of the reserve design with cultural heritage of Ngati Haua.
    - Trees and any structures should be positioned for winter shelter and summer shade, to maximise the focal qualities of any reserve, and to reinforce any linkages from the reserve to other areas.
    - Reserves should be located and designed to retain any existing significant vegetation.
    - Reserves should have relatively low maintenance planning.
    - Adjoining drainage reserves for stormwater infrastructure should be designed and located to avoid adverse effects on the use and function of recreation reserves.
  2. Whether the subdivision provides for the natural, vegetation (including individual trees) or heritage and cultural features of the site that are protected, or warrant protection or enhancement and the use of legal instruments such as covenants to secure protection.
3. Development Suitability
  The Development Suitability Criteria in Section 1.2.
4. Activities with Resource Consents
  The size and frontage of the new lot created should be appropriate to the approved activity.
5. Servicing
  1. Whether sites can be adequately serviced for stormwater (while managing cumulative effects on a catchment wide basis), wastewater, water supply including access suitable for fire fighting purposes and utilities.
  2. Whether the subdivision is in general accordance with the MPDC Development Manual 2010 any Council adopted Development Manual for urban subdivision.
  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 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 subdivided.
  7. Whether subdivision provides appropriate infrastructure in a coordinated manner, ensuring that subdivision, development and the provision of infrastructure keep pace with each other.
  8. Notwithstanding the matters in criteria (vii) above, for the first subdivision or development proposal in Precinct F Matamata (refer Planning Maps and Appendix 9.2) the Council reserves discretion to ensure that the first resource consent application is of an appropriate scale so that the Council’s financial exposure for any required infrastructure upgrades to the reticulated network is limited and mitigated (also refer 1.4.21.2.(f)) and so that infrastructure is provided in a coordinated manner. The appropriate threshold for the first subdivision of development proposal is 50 lots.
    Exemption to this criteria may apply to subdivision and development proposals in Precinct F Matamata that provide alternative solutions to supply water and wastewater treatment, which are subject to approval by Council.
  9. Whether the subdivision 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 subdivision 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.
  10. 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 reserves 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.
  11. Whether compliance with Section 5.9 has been demonstrated.
6. Future Urbanisation
  The location of the building platform (also refer Section 1.2.2 Development Suitablity) on lots with a size greater than 1500m² should not compromise the future servicing and development of the lot for more intensive future residential purposes. Applications will need to demonstrate how future urbanisation of lots no less than 750m² or the minimum density permissible whichever is the lesser has been considered in the location of building platforms. Council reserves discretion to impose conditions of consent and consent notices on certificates of title specifying the location of a building platform to secure long-term opportunities, which may not be provided for in this District Plan, for urbanisation.
7. Geotechnical Matters
  Whether the subdivision lots are suitable for the development of buildings.
8. Natural Hazards
  The provisions of 1.4.22 apply.
9. Remediation of soil contamination and verification of effective completion of works.
  1. Whether, upon investigation, soil has been found to be contaminated by substances associated with rural activities, horticultural uses or other contaminating uses.
  2. Whether, in instances where contaminants have been identified as being present, appropriate remediation works can be undertaken to satisfactorily deal with any potential adverse effects on human health.
  3. Whether mitigating measures can be adopted to deal with any potential effects (if any) of undertaking these works.
10. Earthworks, silt and sediment control
  1. Whether earthworks are to be undertaken with the establishment and maintenance of recognised methods and techniques for the retention of sediment on site and the prevention of discharges of sediment off-site or into water bodies.
  2. Whether site management methods and techniques will be put in place to ensure that vehicle movements to and from the site or location where earthworks are being undertaken do not result in any material being deposited on public roads creating a hazard or a nuisance to road users.
11. Transportation
  Whether subdivision addresses, and where necessary mitigates the extent and nature of effects from additional traffic on the State Highway network.
12. Maintenance of the opportunity for a Neighbourhood Node (as identified on a Structure Plan).
  Whether the subdivision creates a lot or lots that are of a suitable size and dimension to facilitate the development of a Neighbourhood Node to serve the local residential catchment once developed and is in the general location(s) shown on a relevant Structure Plan.
13. Development Contributions.
  The provisions of Rule 1.3.4 apply.
  Reserves proposed to be vested with Council shall be in general accordance with the relevant Structure Plan.
14. Reverse Sensitivity
  For lots adjoining the Rural Zone, including those lots separated from the Rural Zone by a road reserve or local purpose access reserve, Council shall register consent notices on the certificates of title that state:
  Many agricultural/horticultural production activities are located in the rural zone of the District, where farm management practices, such as the general use of farm machinery on and off-farm, the application of agrichemicals, pumping water for crop irrigation, spreading of effluent, and harvesting of crops occur at various times including during the day, at night, weekends and on public holidays. These practices have the potential to create noise, dust and odour either of a temporary or intermittent nature beyond the boundary of the property concerned but are nevertheless typical environmental effects expected for such activities and zoning consistent with their ongoing sustainability.
  The owners of the lot shall not complain to Council about these typical environmetal effects.

Objectives/Policies See objectives and policies in Section 1.2
2.4.1	O1	P2
2.4.4	O2	P2
3.1.2.2	O1	P1, P2, P3, P4
3.3.2	O1	P3
3.4.2	O1, O4 , O5	P1, P3, P4
3.8.2	O4, O6	P5
3.9.2.1	O1, O2	P1, P2

Explanation

The minimum number of 50 lots provides a reasonable critical mass and commitment from the applicant to contribute to the funding of the proposed infrastructure upgrades. To achieve the threshold of 50 lots small proposals may be required to coordinate to provide an overall minimum number of lots. All proposals will be subject to the requirements of criteria 1.4.21 and Council’s Development Contributions Policy, which may include the use of private development agreements.

1.4.22 Activities in Natural Hazard Areas

Council shall have regard to:

The existing and anticipated stormwater and debris flows and the necessity or otherwise of retention ponds or other stormwater control and/or mitigation devices to avoid, remedy or mitigate natural hazards.
Measures to be taken to mitigate any adverse effects of fire.
Whether the use of land is likely to accelerate, worsen or result in material damage to that land, any other land or structure.
Whether the development and use of land involves the storage of hazardous substances or the congregation of large numbers of people.
Any measures to be taken to avoid any adverse effects of ecotoxicity.

Objectives/Policies
3.2.2.1	O1	P1, P2, P3, P4
3.2.2.2	O1	P1
3.2.2.3	O1	P1, P2
3.2.2.4	O1	P1, P2
3.2.2.5	O1	P1

Explanation

Criteria provided for discretionary activities place considerable emphasis on the need for specific technical investigation of impact and/or risk. This is because it is recognised that hazard (its scale, extent or nature) is often poorly understood and Council has decided to adopt a precautionary approach to hazard management.

1.4.23 Temporary Activities

Council shall consider:

The duration of the activity;
Scale of the activity;
Access;
Parking;
Noise;
Waste disposal;
Restoration.

Objectives/Policies
3.5.2.3	O1, O2, O3, O6	P1, P2, P4

1.4.24 Development Contributions

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

Objectives/Policies
3.9.2.1	O1, O2	P1, P2

1.4.25 Discretionary Activities on Sites subject to a Development Concept Plan

Noise Effects
1. The Council shall ensure that existing activities are not adversely affected by the proposal. In determining appropriate noise levels, Council shall have regard to the noise environment of the locality in which it is proposed to site the facility, and the practicality of reducing noise from the utility components.
2. Council shall have regard to Section 5.2 and the "Guidelines for the Management of Road Traffic Noise - State Highway Improvements" by Transit New Zealand.
Stormwater and Effluent Effects

The proposal shall be designed and maintained in a manner which prevents as far as practicable, pollution or contamination of land, water or Council's stormwater system. Techniques such as bunding, impermeable layers under bunds and interceptors may be required. The extent of measures required will be determined after having regard to the Building Code and the sensitivity of the receiving environment to discharges.The requirements of the Matamata-Piako District Council Development Manual 2010 shall not apply to existing or future on-site, self-serviced stormwater or wastewater infrastructure associated with any Discretionary Activity on a site subject to a Development Concept Plan.

Traffic, Parking, Loading and Access

Any application shall be assessed upon consideration of the following :
1. Traffic volumes, traffic mix relative to the existing and future traffic patterns, access, parking and loading on-site.
2. Hours of operation relative to the existing and future neighbourhood amenity.
3. Construction traffic volumes, traffic mix, hours of operation.
4. Design and location of access points onto roads particularly State Highways.
The requirements of the MPDC Development Manual 2010 shall be met in respect of the relevant matters outlined.

Social and Heritage Effects

The likely impact of construction operation and maintenance activities including those in residential and rural areas, marae, public reserves and identified significant features. (Particularly the function of community and recreational facilities in the vicinity of the proposed facility).
Odour Effects
1. Council shall consider the effect of the probability of offensive odours from the operation of facilities and in particular the operation of sewage treatment and disposal facilities and solid waste management disposal sites.
Solid Waste

Any application shall undertake a solid waste audit to identify waste reduction and/or to conform with the Council’s solid waste minimisation strategy.
Risk Management

Any application shall advise on the risk associated with, but not restricted to :
1. The use of hazardous substances in the facility and proof that the New Zealand Fire Service and the WRC have been advised.
2. The technology used in the provision of the service, eg. high voltage, electricity, radio-active material, electro magnetic radiation.
3. Risk of rupture, breakage, collapse, failure, movement etc of components of the facility as it relates to the design and maintenance of the facility and the effect of natural hazards on the facility.
4. The measures inherent in the proposal which will avoid, remedy or mitigate the potential for that effect to occur.
Biological Effects
1. The existence on-site of outstanding significant or intrinsically valuable ecosystems or flora or fauna.

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

whether signs are obtrusively visible from any residential area or public open space
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
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.
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:

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).
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.
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.

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

1.4.30 Logging of Natural Native Forest

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.

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.
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

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.
The extent to which regular stock movement may adversely affect access of adjacent owners
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
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.
Drainage – to ensure that Councils roadside drainage and any other drainage system is not adversely affected.
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.
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)

1.4.32 Neighbourhood Node - restricted discretionary activities

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

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.
    - 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.
    - 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.

Objectives/Policies
2.4.4	O2	P2
3.3.2	O1	P3
3.4.2	O5	P4
3.5.2.2	O1, O2	P1, P3, P5
3.5.2.3	O1, O2	P1, P2
3.5.2.4	O2	P1

1.4.33 Comprehensive Residential Development – restricted discretionary activities

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

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.
    - 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.
    - 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.
    - 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.
    - 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.
    - 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:

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.

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.

Objectives/Policies
3.3.2	O1	P3
3.5.2.2	O1, O2	P1, P2, P3, P4, P5, P6
3.5.2.4	O1, O2	P1, P2, P3, P4, P5

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