TAURANGA CITY COUNCIL DRAFT PROPOSED PLAN CHANGE

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					          TAURANGA CITY COUNCIL



    DRAFT PROPOSED PLAN CHANGE 48

 RESIDENTIAL ACTIVITY ZONE PROVISIONS




       Draft Proposed Amendments to the
        Operative Tauranga District Plan


                 Environmental Policy

                    August 2007




TAURANGA CITY COUNCIL, PRIVATE BAG 12022, TAURANGA
       PHONE (07) 577 7000 ● FAX (07) 577 7034




                                         TCC Ref: 1641486
         Guide to Reading Draft Plan Change
1. The draft proposed text amendments to the Operative Tauranga City
   District Plan are identified as follows:
      • Text to be inserted is shown as underlined
      • Text to be deleted is shown as struck out.

2. In some cases Council has identified additional options, potential
   changes for consideration /discussion e.g. different site coverage
   standards for smaller sites.

 These are inserted into the text as shown below:

    Issues for Consideration




3. Comments on the Draft Proposed Plan Change are due on the 26
   October 2007

4. Please do not hesitate to contact Karen Marjoribanks, Environmental
   Planner (07) 577 7000 for further information/discussion




                                   2                      TCC Ref: 1641486
  Part A Proposed Changes to Objectives and Policies

Proposed Changes to Chapter 3
(i)   The Tauranga District Plan, Chapter 3 Amenity Values, “Introductory
      section” is proposed to be changed by inserting the text underlined
      and deleting the text struck through as follows:

Chapter 3 Amenity Values
The environment in which people live has characteristics that make it
appealing and of value in many ways. The scale of the building, its form,
intensity, character and relationship to open space, the open space and
gardens, opportunities for recreation Built form, scale, intensity, open space
between buildings, peace and quiet, privacy, safety and security, parks and
tree-lined streets and environmental quality all contribute towards health and
a feeling of welfare wellbeing, sense of community and identity. and, in some
instances, health, and together are called “amenity”. Together these
attributes are called “amenity”. The values people put on these items are
called “amenity values”.

The Resource Management Act 1991 recognises the importance of amenity
values to people’s appreciation of their environment.

Amenity values are defined in The Act as:

those natural or physical qualities and characteristics of an area that
contribute to people’s appreciation of its pleasantness, aesthetic coherence,
and cultural and recreational attributes.

There is, therefore, a subjective element in the perception of amenity.

The residential areas of the City are among the most sensitive areas when
addressing amenity effects due to expectations from Tauranga residents of a
high quality residential environment and the need to create a more
sustainable urban environment.

Because noise, light and vibration impact upon amenity, particularly in
residential environments, a considerable body of case law has evolved
addressing the effects of these on amenity values. Other less tangible effects,
such as on privacy and open-space requirements within a property or zone
have also been considered but not to the same extent.

The Tauranga Residential Environmental Study: Residential Environmental
Assessment (Dialogue, May 1993) reported an increase in the density of
dwellings in residential areas as a concern by many of those surveyed.
Privacy, views and noise were recorded as aspects of greatest concern.
Generally, respondents were not opposed to a mix of activities within their


                                       3                      TCC Ref: 1641486
living environment, provided minimal impacts occurred in respect of noise and
traffic generation.
Some people felt that increasing densities of land use meant their lifestyle was
restricted to areas where space was limited and privacy could not be
assured. That is, less choice in the housing market.

While recognising the marketplace has a role in the demand for dwellings in
the District, this Chapter is intended to ensure certain levels of amenity are
provided within all neighbourhoods. To this end, the provision of policies that
recognise the importance of amenity to health and welfare and the imposition
of amenity standards through rules are seen as important Plan methods.

Although the objectives of this chapter are difficult to measure directly, it is
expected they will be measured by monitoring complaints and qualitative and
quantitative survey techniques.

Where practical to do so, this Chapter addresses amenity values within the
context of land use activities. As a consequence, a number of issues are
specific to particular activity types. Not all activities fit neatly within the
hierarchy and port and airport activities have been addressed within the
general Issue 3.1.

(ii)   The Tauranga District Plan, Chapter 3, “3.1 Issue: Adverse effects of
       the Intensification of Activities” be proposed to be changed by
       inserting the text underlined and deleting the text struck through as
       follows:

3.1 Issue: Adverse Effects of the Intensification of Activities

Intensification of land-use activities throughout Tauranga District City
has the potential to create adverse effects on the amenity values and the
health and safety of communities.

Issue Statement

The quality of the District’s City’s environment has an influence on people’s
enjoyment of the community in which they live and work. This in turn
influences their perception of the level of amenity of their environment.

Adverse effects from excess noise, glare and light spill, vibration,
reverberation, dust and traffic pressures on open space, and diminished
privacy are problems common within an intensifying urban environment.

Other adverse visual and physical effects such as the visual impact on
streetscene, advertising signs, perception that the area is unsafe, loss of
open space and the relocation of older dwellings are difficult to address, but
are recognised as being significant amenity issues to some people and
communities.



                                        4                       TCC Ref: 1641486
Noise can be of particular concern at the boundary between different land use
activity environments e.g. at the interface of residential and business areas or
between different activities within the same activity environment. Exterior
lighting and glare can also be an issue of concern at such interfaces.

The residential area is particularly sensitive to such adverse effects.
The transportation network generates both positive and negative effects. For
example, a new road may influence urban development patterns and provide
greater economic and social convenience, but has noise and visual impacts
for those living nearby. In particular, exhaust emissions and traffic noise are
becoming significant issues for urban communities.

Sustainable management involves managing use and development in a way
which enables people to provide for their health and safety. People cannot
provide for their health and safety if development occurs at a rate and in a
way that creates an inherently unsafe environment.

All these effects can have an impact on the community’s ability to provide for
its health, safety and wellbeing and people’s appreciation and enjoyment of
their residential environment. It is considered important that use and
development do not compromise neighbourhood safety, but maintain and
enhance amenity values and that communities can provide for their own
health and welfare. To this end, objectives and policies in this Chapter
address health and safety through provisions related to, among other things,
traffic safety.

(iii)   The Tauranga District Plan, Chapter 3, “3.1.7 Explanation and
        Principal Reasons, 3.1.7.1 General ” is proposed to be changed by
        inserting the text underlined and deleting the text struck through as
        follows:

3.1.7 Explanation and Principal Reasons

3.1.7.1 General

Physical change in living environments is something that could adversely
affect residents and/or the use and enjoyment of their neighbourhoods. Site
density, the scale of buildings, the open space character, public/private
interface, intrusion of non-residential activities and effects on day lighting are
issues of concern as these can have an adverse impact on the established
and desired character and amenity of the City’s varied residential
environments.

The policies and objectives of this Chapter largely reinforce the environmental
characteristics of existing residential areas and ensure that use and
development is managed in a way that is compatible with amenity values and
character. These do not seek to keep densities similar to present levels in all
parts of the District. Rather, the Plan manages the rate and quality of change
and takes account of cumulative impacts.


                                         5                       TCC Ref: 1641486
Experience has shown residential amenity to be particularly sensitive to noise,
artificial lighting, vibration, dust and other site-specific adverse effects. These
effects can seriously impact upon health and create considerable animosity
between neighbours. Policies and objectives have been established to
protect residents from such adverse effects.

(iv)   The Tauranga District Plan, “3.2 Issue: Residential Area Activities
       and Development”, is proposed to be changed by inserting the text
       underlined and deleting the text struck through as follows:

3.2 Issue: Residential Area Activities and Development

Subdivision, use and development within the residential areas of
Tauranga District City can compromise the residential environment and
consequently have significant adverse effects.

Issue Statement

The majority of the City’s residential activity is in the suburban areas of the
City, with residential development of a relatively low density, low scale nature,
with the character of the existing activities established through conformity with
past planning controls. This has resulted in the establishment of a shared and
recognisable residential amenity. Maintenance of this established character
and amenity is important to those who reside within the residential
environment, with the expectation that these “residential” attributes/elements
will be retained.

Elements of the character valued include private and public open space and
greenery; a degree of consistency in the size, scale, density, and form of
buildings; privacy, and access to sunlight and outlook.

This type of amenity and character is under pressure due to rapid
population growth and an accompanying demand for residential land and
development opportunities. There are competing demands and pressures
between rural land use in expansion of greenfield areas, the cost of extending
services and the pressures of increasing residential development densities.

Increases in on-site densities and intensity though infill or higher density
developments have the potential to impact on sunlight, privacy and the
perception and provision of open space both within a site and between sites.
Developing higher density housing in established residential areas can also
result in the loss of mature trees and gardens from private land and loss in a
strong visual and physical relationship between public and private space.
These types of development can individually and/or cumulatively have
adverse effects on the suburban type amenity and environmental quality
desired by many residents in the district’s established residential areas. They
can also impact on the personal safety, security, visual amenity and the loss
of resultant comfort and use which encourages pedestrian activity in local
neighbourhoods.


                                         6                      TCC Ref: 1641486
Changes in the City’s demographics mean that there is demand for a range of
housing needs, including housing for people with disabilities, housing for older
people, visitor accommodation and student hostels. While these are all
residential activities, adverse effects on amenity values can include
incompatible scale and form of buildings, traffic movement, noise and safety
issues, and loss of open space and/or vegetation.

Demographic and lifestyle changes have also lead to demand within the City
for more intensive forms and areas of housing and these also need to be
recognised and provided subject to suitable locations and design controls.

A more intensive form of residential development is encouraged in most
commercial areas and the Tauranga CBD, but these areas contrast with the
type of residential environment that is wanted in suburban, residential areas.

People may be adversely affected when non-residential activities, (which
include business activities or visitor accommodation activities), are located in
residential activity zones. The adverse implications (such as significant
overshadowing, increased building scale, development intensity, site layout
and volume of traffic generated) may be severe on those affected.

The District Plan gives particular attention to the maintenance of various types
of residential character and scale, to the type and volume of traffic generated
and to overshadowing and overlooking of individual sites by neighbouring site
developments and to the relationship between public and private space.

(v)    The Tauranga District Plan, Chapter 3, “Objective 3.2.1:
       Residential Amenity, Character, Intensity and Scale” is proposed
       to be deleted in its entirety (as shown struck through) as follows:

3.2.1 Objective: Residential Amenity, Character, Intensity and Scale

To ensure use and development within or adjacent to Residential Zones
maintains and enhances the amenity values within those zones.

(vi)   The Tauranga District Plan, “3.2.1.1 Policy: Intensity, Height and
       Scale” is proposed to be deleted in its entirety (as shown struck
       through) as follows:

3.2.1.1 Policy: Intensity, Height and Scale

Use and development within a Residential Zone should be of an intensity,
height and scale that can avoid or substantially mitigate adverse effects on
existing and foreseeable amenity values.

This policy is primarily implemented through Methods 3.2.4 (1), (2), (3), (5).




                                        7                      TCC Ref: 1641486
(vii)   The Tauranga District Plan, “3.2.1.2 Policy: Non-Residential
        Activities” is proposed to be deleted in its entirety (as shown struck
        through) as follows:

3.2.1.2 Policy: Non-Residential Activities

Non-residential activities (which include business activities and visitor
accommodation activities) locating within residential areas shall not be of a
character, intensity or scale that has adverse effects on the residential
amenity values, coherence and character of those neighbourhoods:

(a) Assessment shall include, but not be limited to, the following matters,
where relevant:

(i) Consideration of the effects of the proposed development and activity on
residential amenity values, coherence and characteristics of the
neighbourhood

(ii) The visual qualities of the streetscape

(iii) The adverse effects that attraction of visitors or clients to the site would
have on the natural or physical elements and characteristics of an area that
contribute to people’s appreciation of its pleasantness, aesthetic coherence
and cultural and recreational attributes

(iv) The cumulative effects the development will have on availability of on-
street parking for general local use. The adverse effects that the non-
residential activity has on the natural or physical qualities and characteristics
of an area that contribute to people’s appreciation of its pleasantness,
aesthetic coherence and cultural and recreational attributes

(b) In assessing the effects of an activity under this policy, particular regard
shall be paid to the potential cumulative effects from the granting of consent,
when contrasted with the effects on the residential environment, of
development of the site to its maximum permitted intensity for a residential
activity.

This policy is primarily implemented through Methods 3.2.4 (1), (2), (3), (4),
(5), (6).

(viii) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.1 Objective: Diversity of Residential
       Environments” as shown underlined as follows:

3.2.1 Objective: Diversity of Residential Environments

To provide for a diversity of residential environments which meet the differing
needs of the City’s population, while maintaining and enhancing existing
residential amenity values.


                                          8                       TCC Ref: 1641486
(ix)      The Tauranga District Plan, Chapter 3 is proposed to be changed by
          inserting a new “3.2.1.1 Policy: Density in Residential
          Environments” as shown underlined as follows:

3.2.1.1 Policy: Density in Residential Environments

Enable a level of residential density within the City’s established residential
areas which takes into account the existing character of these areas and the
capacity of the existing infrastructure to support that density.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (8)

(x)       The Tauranga District Plan, Chapter 3 is proposed to be changed by
          inserting a new “3.2.1.2 Policy: Diversity of Housing” as shown
          underlined as follows:

3.2.1.2 Policy: Diversity of Housing

Enable housing which meets the needs of all socio-economic groups and
groups requiring specialised accommodation where the adverse effects on
amenity values, including safety, traffic, signs, noise and infrastructure, can be
mitigated.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (6), (8)

(xi)      The Tauranga District Plan, Chapter 3 is proposed to be changed by
          inserting a new “3.2.2 Objective: Consistency of Size and Scale in
          Residential Activity Areas” as shown underlined as follows:

3.2.2 Objective: Consistency of Size and Scale of Development in
Residential Activity Areas

To ensure the grain of the development, size and scale of new and
redeveloped buildings and structures are compatible with the expected
character and amenity of the residential neighbourhood in which they are to
be located.

(xii)     The Tauranga District Plan, Chapter 3 is proposed to be changed by
          inserting a new “3.2.2.1 Policy: Residential Environments” as
          shown underlined as follows:

3.2.2.1 Policy: Residential Environments

Identify differing residential environments and expected characteristics
through the delineating of areas for:

      •   Residential A
      •   Residential A, Medium Rise Policy Area
      •   Residential H
      •   Residential H, High Rise Policy Area

                                        9                      TCC Ref: 1641486
   •   Rural Residential and Large Lot Residential
   •   Urban Marae Community

This policy is primarily implemented through Methods 3.2.6 (1), (2)

(xiii) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.2.2 Policy: Residential A and Urban Marae
       Community Zone – Density” as shown underlined as follows:

3.2.2.2 Policy: Residential A and Urban Marae Community Zone –
Density

Maintain the character and scale that would result in the maintenance of
existing, low-density, residential areas by avoiding development that would
result in an increase in density in the zone that is not anticipated.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)

(xiv) The Tauranga District Plan, Chapter 3 is proposed to be changed by
      inserting a new “3.2.2.3 Policy: Residential A and Urban Marae
      Community Zone – Building Height and Scale” as shown underlined
      as follows:

3.2.2.3 Policy: Residential A Zone and Urban Marae Community Zone -
Building Height and Scale

Ensure the height and scale of buildings within the Residential A Zone and
Urban Marae Community Zone are of a suburban domestic scale, low
intensity, low rise (typically 1-2 storeys) character with open space around
them.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (3), (8)

(xv)   The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.2.4 Policy: Residential A: Medium Rise Policy
       Area – Building Height and Scale” as shown underlined as follows:

3.2.2.4 Policy: Residential A Zone; Medium Rise Policy Area - Building
Height and Scale

Provide for mid-rise development up to four storeys in suitable locations close
to the city centre.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (8)

(xvi) The Tauranga District Plan, Chapter 3 is proposed to be changed by
      inserting a new “3.2.2.5 Policy: Residential A: Comprehensive
      Residential Development” as shown underlined as follows:



                                       10                      TCC Ref: 1641486
3.2.2.5 Policy Residential A Zone – Comprehensive Residential
Development

Ensure residential development on sites of 2000m2 or more (as established at
01/07/2007) is undertaken in an integrated and comprehensive manner.
Such development shall consider:

   •   the intensity of development in relation to the scale, character and
       amenity of the surrounding area.

   •   the extent of a complementary design of buildings and landscaping

   •   the extent of an integrated approach in respect of parking, pedestrian
       and vehicle linkages,

   •   the provision of open space (both private and public).

   •    the amenity provided both for residents of the development and for
       surrounding properties

   •   the visual impact of the development, its “fit” or integration with the
       neighbourhood.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)

(xvii) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.2.6 Policy: Residential H – Density, Building
       Height and Scale” as shown underlined as follows:

3.2.2.6 Policy: Residential H Zone – Density, Building Height and Scale

Provide for high density, low rise, residential development opportunities in the
specific area of Mount Maunganui north to stimulate a variety of
accommodation types and support the tourist/holiday role of the area.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)

 Note: Density in the Residential H, High Rise Policy Area shall be considered
 under this policy.



(xviii) The Tauranga District Plan, current “Policy 3.2.1.3 Policy – Building
        Height and Scale – Residential H Zone” is proposed to be changed
        by inserting the text underlined and deleting the text struck through: as
        follows:

3.2.1.3 3.2.2.7 Policy: Residential H Zone - Building Height and Scale –
Residential H Zone High Rise Policy Area


                                        11                       TCC Ref: 1641486
The height and scale of buildings within the Residential H (High-Rise Policy
Area) Zone should recognise and provide for the preservation of outstanding
natural features and landscapes and have particular regard to:

(a) The amenity values afforded by:

   •   The Norfolk Island Pines along Marine Parade and The Mall

   •   Mount Drury (Hopukiore)

   •   Mauao

   •   The coastal environment

(b) The relationship of tangata whenua with the ancestral landscape of Mauao
and Hopukiore.

In taking into account these considerations, buildings are prohibited from
protruding through the maximum height plane covering the High Rise Policy
Area (see Rule 19.7)

This policy is primarily implemented through Method 3.2.4 (2). Methods 3.2.6
(1), (2), (5), (8)

Note: Objectives and policies relating to the Rural Residential Zone are found
in Chapter 7, see Objective 7.1.11 and supporting policies. Objectives and
Policies relating to the Large Lot Residential in the Pyes Pa Urban Growth
Area are contained in Chapter 7, see Objective 7.1.15 and supporting policies.
Objectives and Policies relating to the Urban Marae Community Zones are
contained in Chapter 5, see Objective 5.2.11 and supporting policies.

(ixx) The Tauranga District Plan, current “3.2.1.4 Policy: Outdoor
      Advertising (Signs)” is proposed to be changed by inserting the text
      underlined (and being moved in the text of the Plan to the position
      indicated by its renumbering) as follows:

3.2.1.4 3.2.3.3 Policy: Outdoor Advertising (Signs)
Outdoor advertising associated with activities in Residential Zones Activity
Zones should not be of a size or in a location that has an adverse effect on
the neighbourhood’s existing visual amenities, or which creates a driver
hazard when viewed from, or placed within, a public street.

This policy is primarily implemented through Method 3.2.4 (6). Method 3.2.6
(6)

(xx) The Tauranga District Plan, current “3.2.2 Objective: Overshadowing”
      is proposed to be changed by being deleted in its entirety (by deleting
      the text struck through) as follows:



                                      12                      TCC Ref: 1641486
3.2.2 Objective: Overshadowing

To maintain levels of daylight received within residentially zoned sites.

(xiv) The Tauranga District Plan, current “Policy 3.2.2.1 Policy –
      Overshadowing” is proposed to be changed by being deleted in its
      entirety (by deleting the text struck through) as follows:

3.2.2.1 Policy: Overshadowing

Buildings and structures should be designed and sited to ensure adequate
natural light levels reach adjacent properties.

This policy is primarily implemented through Methods 3.2.4 (3), (5).

Note: This policy shall not apply to high rise buildings within the High-Rise
Policy Area of the Residential H Zone

(xxi)   The Tauranga District Plan, current “Policy 3.2.3.1 Policy –
        Residential Outlook” is to be changed by inserting the text underlined
        and by deleting the text struck through as follows:

3.2.3.1 Policy: Residential Outlook

Non-residential activities within or adjacent to Residential Zones Activity
Zones should be designed, sited and screened to mitigate against any
adverse visual effects on adjoining dwellings. adjacent and adjoining
activities.

This policy is primarily implemented through Methods 3.2.4 (1), (2), (3), (4),
(5), (9). Methods 3.2.6 (1), (2), (4), (5), (8)

(xxii) The Tauranga District Plan, current “Policy 3.2.3.2 Policy –
       Streeetscene” is proposed to be changed by inserting the text
       underlined and by deleting the text struck through as follows:

3.2.3.2 Policy: Streetscene

Activities within Residential Zones Activity Zones should will provide a
transition space between the public street and private site which maintains or
enhances the visual character and amenity of the adjacent street(s) or
neighbourhoods(s) and allows for adequate visual interaction between public
and private space to provide for passive surveillance.

This policy is primarily implemented through Methods 3.1.5 (1), (9).

(xxiii) The Tauranga District Plan, Chapter 3 is proposed to be
        changed by inserting a new “3.2.4 Objective: On-site and Off-site
        Amenity in Residential Activity Zones” by inserting the text
        underlined as follows:

                                       13                      TCC Ref: 1641486
3.2. 4 Objective: On-site and Off-site Amenity in Residential Activity
Zones

To maintain and enhance character and amenity values of Residential Activity
Zones by ensuring a level of on-site amenity for residents and ensuring that
off site adjacent and adjoining activities are not adversely affected by
development.

(xxiv) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.4.1 Policy: Sunlight and Daylight” by inserting
       the text underlined as follows:

3.2.4.1 Policy: Sunlight and Daylight

Ensure that buildings are designed and located so that adequate levels of
sunlight and daylight reach adjoining residential buildings and sites throughout
the year.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (3), (5),
and (8).


Note: This policy shall not apply to high rise buildings within the High-Rise
Policy Area of the Residential H Zone. . (See Policy 3.2.2.4)

(xxv) The Tauranga District Plan, Chapter 3 is proposed to be changed by
      inserting a new “3.2.4.2 Policy: Privacy” by inserting the text
      underlined as follows:

3.2.4.2 Policy: Privacy

Ensure that the site, building design and location of buildings on sites enables
a level of privacy to be enjoyed by adjoining sites, residential buildings and
properties, having regard to the anticipated character and amenity of the
residential zone in which it is located.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (4), (5),
(8).

(xxvi) The Tauranga District Plan, Chapter 3 is proposed to be changed by
      inserting a new “3.2.4.3 Policy: On Site Open Space” by inserting the
      text underlined as follows:

3.2.4.3 Policy: On Site Open Space

(a) Ensure that useable private open space is provided for residential activities
on every site developed, for recreation and tree and garden planting,
appropriate to the scale, form and intensity of the development.



                                       14                      TCC Ref: 1641486
(b) Communal Private Open Space – Ensure that for a higher intensity form of
development (i.e. apartment living) communal and/or private open space is
provided to the full extent required by the rules.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8).

(xxvii) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.5 Objective: Home Based Businesses and
       Non-Residential Activities” by inserting the text underlined as
       follows:

3.2.5 Objective: Home Based Businesses and Non-Residential Activities

To recognise that some non-residential activities can be located in residential
areas in a way which maintains and enhances the amenities of the area and
contributes to the physical, social, economic and cultural well-being, health
and safety of the residents in the surrounding neighbourhood.

(xxviii) The Tauranga District Plan, Chapter 3 is proposed to be changed by
         inserting a new “3.2.5.1 Policy: Home Based Businesses” by
         inserting the text underlined as follows:

3.2.5.1 Policy: Home Based Businesses

Enable the operation of small-scale home-based businesses in the residential
zones in a way which takes into account the residential scale, character,
amenity and residential coherence of the surrounding neighbourhood and
addresses the activity’s potential adverse effects, including, but not limited to,
traffic management, on that neighbourhood’s residential character and
amenity.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)

(ixxx) The Tauranga District Plan, Chapter 3 is proposed to be changed by
       inserting a new “3.2.5.2 Policy: Non-Residential Activities” by
       inserting the text underlined as follows:

3.2.5.2 Policy: Non-Residential Activities

Enable a limited range of non-residential activities (smaller scale education
facilities and health centres), which provide community support functions for
residents, while taking into account the impact of the location, scale and the
nature of the activity’s actual and/or potential adverse effects, including, but
not limited to, traffic management, on the surrounding neighbourhood,
residential character and amenity.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)

(xxx) The Tauranga District Plan, Chapter 3 is proposed to be changed by
      inserting a new “3.2.5.3 Policy : Other out of scale Home-Based

                                        15                      TCC Ref: 1641486
       Businesses and Non-Residential Activities” by inserting the text
       underlined as follows:

3.2.5.3 Policy: Other out of scale Home-Based Businesses and Non –
Residential Activities

Home-based businesses or non-residential activities which are not of the
scale, character, amenity or nature of support activity provided for and
anticipated in the residential activity zones (see Policies 3.2.5.1 and 3.2.5.2)
are expected to be located in the Business Activity Zones within the City and
shall be actively discouraged from locating in residential neighbourhoods.

This policy is primarily implemented through Methods 3.2.6 (1), (2), (5), (8)


Note: The mix of activities in the Urban Marae Community Zone is covered
under the Relevant Objectives and Policies of Chapter 5 Heritage.

(xxxi) The Tauranga District Plan, Chapter 3 current text “3.2.4 District
       Plan Methods” is proposed to be changed by inserting the text
       underlined and deleting the text struck through as follows:

3.2.4 3.2.6 District Plan Methods

(1)    Permit a range of residential activities and small-scale non-residential
       activities in appropriate locations to locate in Residential Activity Zones.

(2)    Apply Residential Zoning to living areas within which amenity rules will
       apply. Each zoning and associated rules will reflect the anticipated
       character, scale and amenity for the City’s range of residential
       environments.

(2)    Apply a Residential Zoning to sensitive living areas within which
       amenity rules will apply, including building height.

(3)    Apply a height-in-relation-to-boundary rule for all buildings from all site
       boundaries, other than high rise buildings in the Residential H Zone
       High Rise Policy Area, which has a different set of design
       requirements.

(4)    Apply a minimum setback rule for buildings from any site boundary that
       adjoins a Residential Zone together with a rule requiring visual
       screening along the boundary for non-residential activities

(5)    Require environmental assessments for limited discretionary or full
       discretionary activities to consider the environmental effects, including
       those on the surrounding landscape values, character and amenity, of
       additional building height in Residential Zones (except within the
       High Rise Policy Area of the Residential H Zone).


                                        16                      TCC Ref: 1641486
(5)    Require environmental assessment of activities which do not comply
       with performance standards through the resource consent process.
       The level of assessment will be related to the degree of non-
       compliance with these standards, or the significance of the
       development proposal in relation to it’s zoning, objectives and policies.

(6)    Apply a rule relating to signs in residential areas.

(7)    Apply a Residential Zoning to living areas within which amenity rules
       will apply.

(8)    Provide for neighbour-to-neighbour agreements for reducing the
       building setback distance if desired.

(9) (7) Apply a rule requiring front yard landscaping and building setback on
business sites where they face or adjoin Residential Zones.

(10) (8) Apply performance conditions for permitted activities which protect the
       character, amenity and scale of the residential environment.

(xxxii) The Tauranga District Plan, Chapter 3 current text “3.2.6
       Explanation and Principal Reasons” is proposed to be changed by
       inserting the text underlined and deleting the text struck through as
        follows:

3.2.6 3.2.7 Explanation and Principal Reasons

3.2.6.1 Residential Amenity, Character, Intensity Scale and
Overshadowing

3.2.7.1 Residential Activity Zones: Activities and Development

Physical change in living environments is something which could adversely
affect people or their use and enjoyment of their neighbourhoods. Site
density, the scale of buildings, intrusion of non-residential activities and effects
on day lighting are issues of concern. It is therefore important that use or
development within or adjacent to residential areas recognises the special
values of living environments. (see Policies 3.2.1.1, 3.2.1.2, and 3.2.2.1)

There are a range of residential environments within the City that are
appreciated by their residents. These have varying characteristics based on
density, scale, open space, built and natural character, public/private interface
and levels of non-residential activity.

This diversity is recognised through different zonings, policy areas and activity
requirements reflecting the different environments with development controls
designed to maintain and enhance the particular residential characteristics.
These are as follows:



                                        17                       TCC Ref: 1641486
Residential A Zone

The Residential A Zone is the largest residential zone in the District in terms
of land area. While there are variations in character within the Residential A
Zone reflecting the age of original development and, in some cases
redevelopment, there are common factors which are reflective, to varying
degrees, of the general character and amenity of the zone.

The Residential A Zone is characterised generally by detached homes, mainly
low- rise (1-2 storeys), lower densities, sections of similar size, shape (grain)
and dimension on sites with relatively generous areas of open space to
accommodate landscaping and leisure activities.

Sites of 2000m2 and over in the Residential A Zone will be subject to a
discretionary activity status as a Comprehensive Residential Development.
The provision for Comprehensive Residential Developments allows for a site
by site assessment of the potential impact of development of large sites and
the need for their integration. These developments will occur on large sites
within set density limitations and will be based on an integrated approach in
respect of parking, pedestrian and vehicle linkages, complementary design of
buildings and landscaping and the provision of open space (both private and
communal). Particular consideration will be given to the amenity provided
both for residents of the development and for surrounding properties. The
visual impact of the development is extremely important to ensure its “fit” or
integration with the neighbourhood. Specific assessment criteria are used to
assess such developments to ensure that the development is not out of scale
with the surrounding area and that high quality urban design is achieved in a
comprehensive manner.

Residential A Zone – Medium Rise Policy Areas

A Medium-Rise Policy Area (maximum permitted activity height of 12m) is
applied to several inner-city residential blocks between Brown Street and
McLean Street, and Hamilton Street to Elizabeth Street. The purpose of this
policy area is to enable greater opportunity for a range of housing types –
particularly apartments. Off –site effects on amenity values will be maintained
through applying all the site controls applied in the Residential A Zone, except
for increased building height.

In the Pyes Pa West Urban Growth Area the Medium-Rise policy area is
applied to specific locations within which neighbourhood reserves and open
space are provided for informal recreation, visual relief and stormwater
management. In these locations, as with the above inner city residential
blocks, the site controls of the Residential A Zone shall apply except for the
building height which is increased to 12 metres and the particular building
density that is required in the Pyes Pa West Urban Growth Area.

Small-scale non-residential activities will, in many cases, have little effect on
adjacent residential uses and, in some cases, will be beneficial to local
residents and the management of natural and physical resources through, for

                                       18                      TCC Ref: 1641486
example, minimising local trip distances in shopping for incidentals (see Policy
3.2.1.2)

Non-Residential Activities - Residential A Zone

The objectives and rules for this zone seek to maintain or enhance the
suburban domestic scale environment of the Residential A Zone. Emphasis
is on activities that are primarily residential in nature that will not detract from
the residential coherence. There is provision for home based business to
enable people to work from home, subject to the operation remaining ancillary
to the residential use and character of the property. Some non-residential
activities which provide community support for residents are provided for in
this zone but are restricted in character and scale to ensure that the
generated effects are consistent with the surrounding environment.

Commercial residential activities such as visitor and/or shared
accommodation may also have significant impacts on the anticipated
residential character and amenity of a residential area and are also
considered to be “non-residential” in their effect on that environment.

Residential H Zone

The Residential H Zone encompasses the area west of Salisbury/Banks
Avenues to the base of Mauao. Its beachside location means the
development focus is around tourist or short stay accommodation although
the area also provides for apartments as a lifestyle choice for permanent
residents.

The purpose of the zone is to support the continuation of, or establishment of,
higher density residential activity and visitor accommodation.

Residential H Zone - High-Rise Policy Area

Because of the special landscape values of the Mount Maunganui area,
development of tall buildings within the High-Rise Policy Area of the
Residential H Zone is given special controls focused on one geographic area
only. Policy also clarifies that d Development within the High-Rise Policy Area
carries with it the reality of diminished neighbourhood amenity is completely
different from development form and scale expected in all other residential
areas of the City.

The potential adverse visual effects of high-rise buildings on the outstanding
landscape qualities of Mauao (Mount Maunganui) and Hopukiore (Mount
Drury) when between these two significant landforms is considered to be high.
Previous height controls have been reviewed and g Greater weight has now
been given to landscape character of the peninsula and the visual importance
of both Mauao and Hopukiore. A curved maximum height control has been
introduced into the High-Rise Policy Area that is more sympathetic to, and
more compatible with, the shape of Mauao and protects the visual integrity of
the peninsula landscape (see Policy 3.2.1.3).

                                         19                      TCC Ref: 1641486
This curved line is however, modified slightly at the Mauao end of the High-
Rise Policy Area to set a maximum height plane (ceiling) at the reduced level
(RL) 38.5. This reflects the Planning Tribunal decision on the Ocean Towers
development as to the appropriate height for this area, and also reinforces the
concerns of tangata whenua about the impact of tall buildings on the stature
and mana of Mauao (see Rule 19.3.3)

Rural Residential Zone

These areas provide for a special form of residential lifestyle with a semi-rural
outlook. The predominant activity is still residential in nature, resulting in a
low density/intensity open residential amenity and character of the area. As
such these areas have been identified within the residential activity zones,
with performance standards which reflect the lower level of density than in
other parts of this environment. These areas are particularly identified as
areas that are not, and will not, be provided with a reticulated wastewater
service because of the high potential cost of extending the network.

Urban Marae Community Zone

This zone applies to marae within the urban area of the City and provides for
both residential activities and associated marae activities such as education,
health, social service, recreation facilities as well as more traditional marae
uses, e.g. wharenui, wharekai.

On-Site Amenity, Sunlight and Daylight, Privacy and Open Space

Within the Residential A Zone, the issue of on-site amenity is also important,
given the amount of time people spend in their homes. Achieving a pleasant
environment within a site inevitably requires consideration of adjoining sites,
particularly with regard to issues such as privacy, shadowing, outdoor amenity
area etc. Thus there are clear effects both within, and between sites, arising
from residential development which needs to be mitigated in some way to
ensure overall residential amenity is maintained.

A typical scale, form and character of development and level of environmental
effects has been established and accepted over time, creating a valued
amenity within the residential environment. The relationship between open
spaces and built form is one of the main determinants of the character of an
area. The policies reflect the importance of open space in providing
opportunity for outdoor living and amenity.

To ensure the amenity and character of the Residential A environment is
maintained and enhanced, minimum performance standards have been
identified. The standards allow for an appropriate amount of change and
development to occur within the environment. Therefore any effect of an
activity meeting these minimum standards is likely to be no more than minor.

Non compliance with any one or two of these standards is likely to be, in itself
a minor effect and may be considered on a limited discretionary basis. But

                                       20                      TCC Ref: 1641486
non-compliance with more than two standards may call into question the
suitability or appropriateness of the proposal in the established residential
environment.

Critical environmental standards have been identified where compliance is
seen to be essential to achieve the minimum requirements for ensuring basic
urban amenity. Non-compliance with these standards is considered likely to
be a matter of wider public interest and to be contrary to the objectives and
policies of the District Plan. It is therefore appropriate that they are identified
as requiring a non-complying activity application.

The activities nominated as discretionary in the residential zones are those
which may be appropriate on some sites in specified zones. They can,
however, have effects which require particular assessment, and may require
particular conditions to ensure that they do not have adverse effects on the
environment of the area.

The Residential H Zone is not the same environment as the Residential A
Zone. In the Residential H zone development standards reflect the different
nature of amenity provided within that zone including a higher intensity and
more commercial character of residential activity.

Home-based Businesses and Non-residential Activities

Any activity in a Residential Activity Zone is expected to be compatible with a
residential character. Compliance with permitted activity conditions is
required in order to minimise adverse effects on residential amenity. The
design of proposals will need to carefully address the mitigation and
remedying of any adverse effects that could result from the attraction of more
traffic into the street, and the increased demand for parking spaces in the
vicinity of the proposal.

Some non-residential activities, such as health centres and educational
facilities provide valuable community support and services within residential
areas. Care needs to be taken however that such non-residential uses are of
a scale, character and amenity that is compatible with the scale, character
and amenity anticipated for the residential zone in which they are located.

Home-based businesses or non-residential activities that cannot meet the
standards set for them or non-residential activities not anticipated in the
Residential Zones, are not appropriate in the residential zone. Such uses are
more appropriate in the business zones of the City and will be actively
discouraged in residential zones.

Critical Environmental Standards – Residential Activity Zones

Critical environmental standards have been identified where compliance is
seen to be essential for ensuring basic urban amenity. Non compliance with
these standards is considered likely to be a matter of wider public interest and
to be contrary to the objectives and policies of the District Plan for residential

                                         21                      TCC Ref: 1641486
areas. It is therefore appropriate that they are identified as requiring a non-
complying status.

(xxxiii) The Tauranga District Plan, Chapter 3 current text “3.2.7
         Anticipated Environment Results” is proposed to be changed by
         inserting the text underlined and deleting the text struck through as
         follows:

3.2.7 Anticipated Environmental Results

The recognition, maintenance and enhancement of the different types of
character and levels of amenity within the residential environment as
measured by the provision of open space, separation between living areas,
limited overlooking/overshadowing and an acceptable level of visual and aural
privacy in new development.

The retention of amenity values within residential areas.

Intensive development and development beyond the typical/acceptable
residential scale occurring outside residential areas, in Business Activity
Zones.

Investment within the High-Rise Policy Area occurring in the knowledge that
some amenity values cannot be protected.

Residential areas retaining their character while providing opportunities for
alternative styles (e.g., apartments, high-rise) of residential development.

People in residential areas having access to public, private and communal
open space.

An increasingly pedestrianised, high amenity environment

A minimum of amenity conflict at Residential Activity Zone boundaries
between activities and peace and quiet within the Residential Zone Activity
Zones.

A minimum number of signs in residential areas, and only signs that do not
create adverse effects on amenity.

A significant contribution to the urban landscape from trees.

Non-residential activities that provide convenient services or facilities to local
residents at a local level, scale and intensity, not for all city residents.

A public/private interface which provides for opportunities for passive
surveillance.




                                        22                       TCC Ref: 1641486
(xxxiv) The Tauranga District Plan, Chapter 7 ”Introduction” is proposed
        to be changed by inserting the text underlined and deleting the text
        struck through as follows:

7 Physical Resources

Tauranga District City is one of the fastest-growing provincial areas in New
Zealand.

Accommodating anticipated growth is necessary to meet the social and
economic needs of the Western Bay of Plenty subregion, but must be
achieved in a manner which sustains natural and physical resources,
including the recognition of the natural and built character, amenity and
heritage.

Projections by Statistics New Zealand, using high projections for migration
and fertility, predict an increase in population from 77, 900 (1996) to 103,000
(2011), while household numbers are expected to grow from 29,300 (1996) to
41, 000 by 2011. Beneath these statistics profound social changes are
occurring, including an ageing population, smaller households and changes in
employment patterns, which will affect communities in the area.

Projections by the University of Waikato for SmartGrowth predict an increase
in population from 103, 635 (2006) to 142,226 (2021), while household
numbers are expected to grow from 40,635 (2006) to 57,560 by 2021.

Tauranga City Council (in conjunction with the Western Bay of Plenty District
Council and the Bay of Plenty Regional Council) has approached planning for
the rapid growth of Tauranga (as part of the wider Western Bay of Plenty
Subregion) through SmartGrowth, the Subregional Growth Strategy.

The Strategy will be implemented through a range of partnerships and
mechanisms including statutory means and amendments, or changes, to the
District Plan.

The Resource Management Act 1991, Local Government Act 2002 and Land
Transport Management Act 2003 are important statutes which help growth
management and the effects of growth on the environment. Collectively these
statutes provide for the identification and implementation of future land use
patterns, the funding and development of infrastructure (such as roads, sewer
reticulation, parks and community facilities) to support the land uses, the
development of new facilities, and community projects while, at the same time
protecting environmental values.

It is considered that investment in the local economy will continue to be based
on a sound export base, the retirement industry, tertiary education, and the
commerce and service needs of a growing population. There will be a
continuing demand for land and infrastructure arising from these activities,
together with an intensification of the District’s settlement pattern.


                                       23                     TCC Ref: 1641486
It is recognised that the physical form and shape of the District City, and the
activities within it, influence social and economic well-being. It also has a
major bearing on resource use and environmental quality. For example a
compact urban form is one means of influencing energy use through
transportation patterns and the interaction between activities. Low-density
urban development has community infrastructure costs, travel costs, loss of
versatile rural soils and impacts on rural landscape values. High-density
developments can affect the established character and amenity of residential
areas, but assist in consolidating the urban area.

Managing the effects of urban growth requires a partnership between various
sectors of local and regional government, between Council and local iwi, and
between the public and private sectors.

(xxxv) The Tauranga District Plan, Chapter 7 “7.1. Issue: Urban Form” is
      proposed to be changed by inserting the text underlined and deleting
      the text struck through as follows:

7.1 Issue: Urban Growth and Form

The manner in which the District’s City’s urban area is arranged
develops (urban form) has a major effect on the level of physical
resource use, social and economic well-being, and environmental
quality throughout the District.

Issue Statement

Agenda 21 (the 1992 Earth Summit in Rio De Janeiro) on global development
and environmental co-operation recognised the interrelationship between
urban form and resource use and cost. For example, there is a considerable
degree of acceptance that urban form can influence transport demand. The
costs of providing infrastructure to the urban community with benefit for future
generations is related to the form of urban growth.

The Resource Management Act requires Council to give effect to the purpose
of the Act, being the promotion of sustainable management. A key guide to
how this is to be undertaken in the City is the SmartGrowth Strategy.

The SmartGrowth Strategy seeks that the western Bay of Plenty subregion
will:

       •   Maintain and improve its natural and cultural environment.

       •   Enhance the lifestyles of its communities and provide for the social
           needs of the people.

       •   Create a thriving sustainable economy.

       •   Provide an efficient and affordable infrastructure.


                                       24                        TCC Ref: 1641486
       •   Implement an efficient and integrated planning process for growth
           management.

Intervention in urban land-use patterns and the successful achievement of the
aims of the SmartGrowth Strategy to accommodate Tauranga’s anticipated
high rate of growth over the Plan period is a significant key means of
promoting sustainable resource management and the integrated management
of effects under the Resource Management Act. If urban demand and supply
is left unimpeded, resulting development patterns are likely to produce a
reduction in the available land resource for rural activities and adverse
environmental effects on urban amenity including natural and built features,
character and heritage, water quality, versatile soils, landscape values,
features of natural character, and ongoing transportation and other service
infrastructure costs that would be borne by the wider community.

(xxxvi) The Tauranga District Plan, current “7.1.1.1 Policy Effect of New
        Urban Development” is proposed to be changed by inserting the
        text underlined and deleting the text struck through as
        follows:

7.1.1.1 Policy Effect of New Urban Development

New urban development, whether on greenfield sites or within the established
urban area (urban infill) should be located and designed to avoid, remedy or
mitigate adverse effects on urban amenity values, rural landscape values and
versatile soils of high life-supporting capacity.

This policy is primarily implemented through Methods 7.1.2 (1), (2), (3), (4),
(5), (6), 7.1.3 (1), (2).

(xxxviii) The Tauranga District Plan, current “7.1.2 District Plan Methods”
          is proposed to be changed by inserting the text underlined and
          deleting the text struck through as follows:

7.1.2 District Plan Methods

(1)    Apply one main Residential Zone (Residential A). a range of
       Residential Zones and Policy Areas that have The zone has site
       development intensity standards and subdivision controls to encourage
       consolidation the retention and maintenance of the existing and
       anticipated character and amenity of existing residential areas,
       particularly for residential activities. Subdivision rules also relate to
       design and layout, services, and appropriate conditions standards and
       terms to achieve the health and safety of residents and implement Plan
       policies.

(xxxix) The Tauranga District Plan, current “7.1.4 Explanation and
        Principal Reasons”, is proposed to be changed by inserting the text
        underlined and deleting the text struck through as follows:


                                       25                      TCC Ref: 1641486
7.1.4 Explanation and Principal Reasons

7.1.4.1 General Providing for a range of urban development patterns

Urban consolidation for both Residential Activities and Non-Residential
Activities is a sustainable urban growth option. Consolidation does not
necessarily entail physical containment of the urban area within its present
boundaries, but does emphasise a compact pattern of development in
contrast to isolated or dispersed patterns of urban settlement in the rural
environment. Under this objective and policies the importance of developing a
compact urban form that counters the continuation of low-density, residential
sprawl is a priority.

Urban consolidation is a sustainable urban growth option. It is recognised that
provision needs to be made for a range of residential and non-residential
environments to meet the varying lifestyle demands of the City’s growing
population. Consolidation (through intensification of land) within the
established urban area may be actively promoted or discouraged according to
the characteristics of the residential environment in which it is seeking to
locate.

7.1.4.2 New Urban Development

Although the low-density suburbs created over the last 30 years are valued by
residents, the pressures and adverse effects on natural and physical
resources, including the productive land resource, from continuing outward
expansion of the urban area require a more managed approach. In particular,
policies seek to locate more intensive Residential Activities adjacent to and
within existing urban areas as a way of countering urban sprawl pressures.

Settlement Policy in the Plan consists of two main types:

Under the SmartGrowth Strategy residential development in the City is based
on three key components:

   •   Consolidation of development within existing urban areas of Tauranga
       City

   •   Redevelopment through mixed-use “Intensification Areas” in selected
       locations.

   •   Greenfield development at increased intensities in Residential Urban
       Growth Areas

The District Plan is one of the key resource management methods for
implementing that Strategy.

(a) Infill residential development Consolidation of development (either through
closer subdivision of existing sites or wholesale site redevelopment)
encourages: efficient use of physical resources (such as land, buildings and

                                      26                     TCC Ref: 1641486
infrastructure); facilitates opportunities for public transport and a more
pedestrian-based neighbourhood structure, reduces the loss of natural
character and open rural landscape and consequently the value of rural land.
Consolidation of development It is a significant component of the District’s
City’s residential development strategy.

Such development Infill housing is however, to be encouraged to levels
consistent with neighbourhood amenity values in Residential Activity Zones
Zones by minimum site size, and environmental standards applied to the
scale, intensity, bulk and location of all residential development under Plan
rules. The aim of the Plan is to achieve a modest increase in population
densities over the urban area as a whole, but not uniformly in all areas. The
type and scale of housing will be determined by market preferences within
parameters defined by Plan standards.

Within the Residential A Zone the aim of the Plan is to maintain the low rise,
suburban scale, character and form of residential activity, recognising that the
open space qualities are an important aspect of this environment, with some
opportunities for greater heights in suitable locations (the Medium Rise Policy
Areas), while the Distinctions between Residential Zones have been removed
– there is no environmental reason why there should be separate zones. An
exception is the

Residential H Zone at the western end of Mount Maunganui has a significantly
greater density potential together with permitted specific high-rise
development sites.

(b) Redevelopment through mixed use Intensification Areas will occur over the
planning period, subject to rezoning of the selected areas to provide for a
more intensive use.

(b) (c) Areas for peripheral urban development adjoining Residential Zones
existing urban areas have been rezoned from Rural to enable a variety of
suburban environments including more intensive housing opportunities than
has been the past practice.. These greenfield sites need to be developed in a
way that recognises the long-term scarcity of land suitable for urban purposes
and the environmental attributes of the District. For example, the rural
landscape backdrop to the City, rural open space character, and the natural
waterways and gully systems that dissect these areas.

The areas for additional greenfield residential development have been were
initially identified after extensive consultation during the Tauranga Urban
Growth Study (1991). More recently SmartGrowth has provided the strategic
direction for new Greenfield areas. It is clear the potential for residential infill
in established residential areas will not be sufficient by itself to cater for
projected household demand without substantial increases in land-use
density. This intensification process will be encouraged in conjunction with a
Strategic Plan for the District so the various planning mechanisms work
together to achieve a consolidated urban area.


                                         27                       TCC Ref: 1641486
The staging and overall form of greenfield development will be carefully
managed through monitoring the uptake of residential zoned land, the ability
of the community to fund services and the process of rezoning land. from
Future Urban to Residential.

(d) Opportunities for rural-residential type activity are also provided for through
the Rural-Residential Zones.

(xxxx) The Tauranga District Plan, current “7.1.5 Anticipated
       Environmental Results” is proposed to be changed by inserting the
       text underlined and deleting the text struck through as follows:

7.1.5 Anticipated Environmental Results

Consolidated urban form around significant nodes.

Gradual reduction in private travel costs and fuel consumption. Opportunities
will emerge for viable public transport systems and more pedestrian/cycle
based environments.

Efficient use of the District’s City’s land resource for residential and business
purposes.
Gradual increase in development intensity within most established residential
areas.

A variety of residential opportunities within the City

A balance of built form to open space opportunities, both public and private, to
meet environmental, social and cultural needs.

Slower rate of loss of rural land to residential development.

Serviced residential land that minimises adverse environmental effects of
development on water and soil quality, land stability, visual amenity,
landscape values, cultural, character and heritage values and the movement
of people, goods and services.

Co-ordination between urban development and infrastructure to service that
development.

An urban form which embodies high quality urban design.




                                        28                      TCC Ref: 1641486
Part B: Changes to Chapter 10 Definitions, Chapter 13
General Amenity Rules and Chapter 19 Residential
Activity Zones

Proposed Changes to Chapter 10: Definitions
(i)    The Tauranga District Plan, Chapter 10, Definitions is proposed to be
       changed by inserting the text underlined and deleting the text struck
       through as follows:

Balcony
Means a floor at other than ground level having at least one side completely
open to the outside, except for a balustrade or safety barrier, of a maximum
height of 1.2m above balcony floor level. The balcony may be roofed and
shall have direct access to the independent dwelling unit it serves.

Height
In relation to any buildings and unless provided for in any other part of the
Plan, mean the vertical distance between the ground level at any point and
the highest part of the building immediately above that point, measured at the
external envelope of the building.

For the purpose of this definition, height measurements shall take into account
parapets, but not:

(a) in the Business Zones: lift towers, stairwells, skylights, or plant rooms
which exceed the maximum permitted height by less than 6m and the area of
one floor by less than 10%. Satellite and microwave dishes, radio and
telecommunications aerials and antenna dishes and antenna panels which
comply with the provisions of Chapter 24 Transportation Activity and Other
Network Utility Rules ; or chimneys, flagpoles, aerials or other such
projections.

(b) In the Residential Activity Zones: lift towers, skylights, stairwells which
exceed the maximum permitted height by less than 2m and have a maximum
dimension of 2m in any other direction; satellite and microwave dishes, radio
and telecommunication aerials and antenna dishes and antenna panels which
comply with the provision of Chapter 24 Transportation Activity and Other
Network Utility Rules; or chimneys, flagpoles, aerials or other such
projections.

(b) (c) In all other zones: lift towers, skylights, stairwells which exceed the
maximum permitted height by less than 2m and have a maximum dimension
of 2m in any other direction; satellite and microwave dishes, radio and
telecommunication aerials and antenna dishes and antenna panels which
comply with the provision of Chapter 24 Transportation Activity and Other
Network Utility Rules; or chimneys, flagpoles, aerials or other such
projections.


                                       29                      TCC Ref: 1641486
Nett Site Area Means the total area of the site, or lot, less any area subject to
a designation for any purpose and/or, any area contained in the access to any
site or lot.

Private Motor Home Vehicle Means a campervan or motor home used by
the occupants of the site for their private recreation and leisure with exclusion
of campervans or motor homes used by the occupants of the site for hire or as
part of a commercial venture.

Service Area Means an area of outdoor open space provided for the service
needs of the occupants of a residential unit; commercial, industrial, community
or recreational activity including, but not necessarily limited to, the storage of
solid waste or recyclables.

Site Coverage Means that portion of a site which is covered by buildings or
portions of buildings, whether principal or accessory. The nett site area shall
be used for the purpose of calculating site coverage.

Proposed Changes to Chapter 13: General Amenity Rules

(i)    The Tauranga District Plan, Chapter 13: General Amenity, current
       rule 13.1.2 Permitted Overshadowing Intrusions proposed to be
       changed by inserting the text underlined as follows:

13.1.2 Permitted Overshadowing Envelopes Intrusions

The following features may intrude through the overshadowing envelope
within all zones to the limits specified.

Chimneys, ventilation shafts, roof watertanks, lift and stair shafts, spires,
poles, masts less than 9m above ground level, with a maximum dimensions in
any direction of 2m for each structure.

Provided that, for radio and telecommunication masts and aerials and antenna
dishes and antenna panels only, the maximum dimensions related to these
activities specified within Table 24-1: Activity Status of Transportation
Activities and Other Network Utilities shall apply for the purposes of this rule.

Note: These exclusions shall not apply to the maximum height rules.




                                       30                      TCC Ref: 1641486
Proposed Changes to Chapter 19: Residential Activity
Zone Rules
(i)    Proposed Changes to Rule 19. 1 Permitted Activities

The Tauranga District Plan ”Rule 19.1 Permitted Activities” is proposed to
be changed by inserting the text underlined and deleting the text struck
through as follows:

Activity                                   Future   Res A   Urban     Large
                                           Urban    and H   Marae     Lot
                                           Zone     Zones   Comm’ty   Res/
                                                            Zone      Rural
                                                                      Res
                                                                      Zone
Accessory buildings and activities
Any activity listed as a permitted
activity in Rule 19.2.6.2
Building demolition, site earthworks
or vegetation clearance incidental to
the development of land for a
permitted activity, or an approved
subdivision consent, provided this
activity is subject to the provisions of
Rule 19.2.2
Buildings closer to site boundaries
than permitted by rules and provided
they comply in all respects with the
conditions spelt out in the Plan
Burial grounds (urupa)
Education facilities including
children’s daycare
Health centres
Home-based businesses
Marae-based activities including
meeting houses (wharenui), dining
halls and associated buildings
(wharekai, whareumu, pataka),
health centres (whare hauroa) and
offices (tari)
Offices
One independent dwelling unit per
site
Permitted activities on a heritage
site (See Chapter 16 Heritage
Rules)
Permitted activities on a site in a
Natural Hazard Policy Area (See
Chapter 17 Natural Hazard Policy

                                           31                TCC Ref: 1641486
Area Rules)
Primary production activities
excluding forestry, factory-farming
and aerial spraying of crops
Produce stalls
Reserves
Residential Activities (except for
residential activities requiring
consideration as an Comprehensive
Residential Development)
Signs
Temporary Activities (see Rule
11.3.3.1)
Subdivisions which are either the:

       •   Conversion of land tenure
           from one form of title to
           another where the
           development of the site is
           complete

       •   Amendments to cross-lease,
           unit title and company lease
           plans to show additions,
           alterations and accessory
           buildings

On-site vehicle parking (including
within buildings) accessory to any
other permitted activity on that site
and associated manoeuvring,
loading and access (see Chapter 24
Transportation Activity and Other
Network Utility Rules)
Visitor accommodation

(ii)       Proposed Changes to Rule 19.2.1.1 Development Intensity and
           Scale, (a) Residential Activities

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (a) Residential Activities” is proposed to be changed by inserting the
text underlined and deleting the text struck through as follows:

19. 2.1.1 Development Intensity and Scale

(a) Residential Activities

(i) The maximum development intensity for Residential Activities (except
shared accommodation), on, a site shall be:


                                          32                TCC Ref: 1641486
Residential A Zone (other than a site    1 independent dwelling unit per
in the Pyes Pa West Urban Growth         325m2 of nett site area
Areas) & Urban Marae Community:


Residential H Zone:                      1 independent dwelling unit per
                                         100m2 of nett site area

Rural-Residential Zone, Large-Lot        1 independent dwelling unit per site
Residential Zone, and Future Urban
Zone:



Note: Residential Activities in a building over 9m in height on a specified high-
rise site in the Residential H Zone shall be considered under Rule 19.3.3.


(ii) Development of sites of 2,000m2 or greater (as at 1 July 2007) in the
Residential A Zone shall be subject to consideration as a comprehensive
residential development as a discretionary activity see Rule 19.5 (c).

(iii)   Proposed Changes to Rule 19.2.1.1 Development Intensity and
        Scale, (b) Home-Based Business

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (b) Home-Based Business” is proposed to be changed by inserting
the text underlined as follows:

(b) Home-Based Business

The maximum development intensity for a home-based business or
combination of home-based business activities on a single site shall be:

(i) Every home-based business or combination of home-based business
activities on a single site may employ not more than two other persons (Full
Time Equivalent (FTE)) additional to the members of the household who
permanently reside on the site and who own and operate the business from
that site.

(ii) The activity shall be carried out either within a dwelling, an accessory
building, or in an outdoor activity area clearly designed and constructed for the
purpose of the business or businesses, or a combination of these areas. The
maximum total gross area used for the home-based business or combination
of home-based businesses, including retail sales space, shall be 50m2. The
activity, including any aspect of the activity undertaken in an outdoor activity
area, shall not encroach on the yards of the site as defined in the Plan.



                                        33                     TCC Ref: 1641486
(iii) Retail sales from a home-based business or home-based businesses shall
be limited to those goods and materials produced by the home-based
business or utilised in the direct operation and management of that home-
based business or those home-based businesses on the site. Retail sales
shall take place from within a building or structure on the same site and the
area occupied for retail sales shall be a constituent part of the gross area of
the activity.

(iv)   Proposed Changes to Rule 19.2.1.1 Development Intensity
       and Scale, (c) Education Facilities

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (c) Education Facilities” is proposed to be changed by deletion in its
entirety (as shown struck through as follows):

(c) Education Facilities

Education facilities shall be designed to ensure the maximum occupancy of
children or students at any one caregiving or educational session, exclusive of
staff, is 25.

(v)    Proposed Changes to Rule 19.2.1.1 Development Intensity and
       Scale, (e) Visitor Accommodation and Shared Accommodation

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (e) Visitor Accommodation and Shared Accommodation” is
proposed to be changed by inserting the text underlined as follows:

(e) Visitor Accommodation and Shared Accommodation

The maximum development intensity for visitor accommodation and shared
accommodation on a site shall be:

Future Urban,                           (i) Sites shall be a minimum of 600m2
Rural-Residential, Large Lot            nett site area and
Residential
and Residential A Zones                 (ii) The visitor accommodation activity
                                        shall be associated with and ancillary
                                        to an independent dwelling unit on the
                                        site and

                                        (iii) When added together, the
                                        maximum gross floor area (GFA) of
                                        all habitable rooms associated with
                                        visitor accommodation and shared
                                        accommodation on the site shall not
                                        exceed 65m2 and

                                        (iv) Shared accommodation shall be
                                        limited to a maximum of 8 permanent

                                      34                     TCC Ref: 1641486
                                        residents per site.

Urban Marae Community Zone and          (i) 1 self-contained visitor
Residential H (other than high-rise     accommodation unit per 100m2 of site
buildings in the High-Rise Policy       area
Area)
                                        (ii) Where visitor accommodation is
                                        not self-contained the maximum
                                        gross floor area (GFA) of habitable
                                        rooms shall be 65m2 per 100m2 of
                                        site area.

                                        (iii) Shared accommodation shall be
                                        limited to a maximum of 8 permanent
                                        residents.
High-Rise Buildings in the High-Rise    See Rule 19.3.3.1
Policy Area

(vi)    Proposed Changes to Rule 19.2.1.1 Development Intensity and
        Scale, (f) Health Centres and Offices

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (f) Health Centres and Offices” is proposed to be changed by
deletion in its entirety (as shown struck through as follows):

(f) Health Centres and Offices

Health centres and offices shall be designed to ensure the maximum
occupancy of fulltime equivalent staff on the site is four.

(vii)   Proposed Changes to Rule 19.2.1.1 Development Intensity and
        Scale, (g) Heavy Machinery

The Tauranga District Plan “Rule 19.2.1.1 Development Intensity and
Scale, (g) Heavy Machinery” is proposed to be changed by inserting the text
underlined and deleting the text struck through as follows:

(g) Heavy Machinery

Excluding private motor home vehicles, N no heavy vehicles, plant, machinery
or bulk materials shall be parked, stored or displayed on a site. Heavy
vehicles may visit and use a site for the purpose of picking up or delivery of
goods or materials.

Note: Heavy machinery is defined in Chapter 10 Definitions and includes
heavy vehicles, excluding private motor home vehicles, weighing in excess of
3.5 tonnes.




                                       35                     TCC Ref: 1641486
(viii) Proposed New Rule 19.2.1.3 Site Coverage

The Tauranga District Plan is proposed to be changed by inserting a new
“Rule 19.2.1.3 Site Coverage”, being the text underlined as follows, and
renumbering the subsequent rules:

19.2.1.3 Site Coverage

(a) The maximum amount of a site in the Residential A Zone and the Urban
Marae Community Zone that can be covered by buildings shall be 40% of the
nett site area.

(b) The nett site area shall be used for the purpose of calculating site
coverage.

Issues for Consideration: Further options which could apply would see
the site coverage rules on existing smaller sites being relaxed (i.e. 50%)
or the coverage on existing rear sites to be more relaxed (i.e. 50%) to
allow for further flexibility on these sites.

(ix)   Proposed New Rule 19.2.1.4 Outdoor Living Area

The Tauranga District Plan is proposed to be changed by inserting a new
“Rule 19.2.1.4 Outdoor Living Area”, being the text underlined as follows,
and renumbering the subsequent rules:

19.2.1.4 Outdoor Living Area

(a) In the Residential A Zone and the Urban Marae Community Zone each
independent dwelling unit shall be provided with an outdoor living area at the
ground floor level which shall be:

(i) for the exclusive use of the independent dwelling unit

(ii) Readily accessible from a living area of the independent dwelling unit it is
exclusive to

(iii) Free of driveways, manoeuvring areas, parking spaces, buildings and
service areas.

(iv) Each independent dwelling unit shall be provided with an outdoor living
area of a minimum area of 50 m2 capable of containing a 6m diameter circle
and having a minimum dimension of 4m.

(v) Where there are four or more independent dwelling units on a site, the
outdoor living area may be combined to provide a communal outdoor living
area. The communal area shall:

(vi) Be accessible to all independent dwelling units


                                        36                      TCC Ref: 1641486
(vii) Have a minimum dimension of 4m

(viii) Be capable of containing a circle of not less than 8m in diameter.

(ix) The communal outdoor living area shall have a minimum area which shall
be equal to the required area of outdoor living areas for all the independent
dwelling units on site. (e.g. 4 independent dwelling units on site x 50m2,
200m2)

(x) Where independent dwelling units do not have an accessible outdoor living
area at the ground floor level, a balcony or terrace shall be provided that:

   •   is for the exclusive use of the occupant(s) of the dwelling unit
   •   is directly accessible from the primary living area
   •   has minimum dimensions of 1.5m by 3m
   •   has access to sunlight on the shortest day of the year

(b) In the Residential H Zone each independent dwelling unit shall be provided
with an outdoor living area at the ground floor level which shall be:

(i) For the exclusive use of the independent dwelling unit

(ii) Readily accessible from a living area of the independent dwelling unit it is
exclusive to

(iii) Free of driveways, manoeuvring areas, parking spaces, buildings and
service areas.

(iv) Each independent dwelling unit shall be provided with an outdoor living
area of a minimum area of 12m2 having a minimum dimension of 2.5m.

(vi) Where there are four or more independent dwelling units on a site, the
outdoor living area may be combined to provide a communal outdoor living
area. The communal area shall:

(vii) Be accessible to all independent dwelling units

(viii) Have a minimum dimension of 4m

(ix) Be capable of containing a circle of not less than 8m in diameter.

(x) The communal outdoor living area shall have a minimum area which shall
be equal to the required area of outdoor living areas for all the independent
dwelling units on site. (e.g. 4 independent dwelling units on site x 12m2,
48m2)




                                        37                      TCC Ref: 1641486
(x) Where independent dwelling units do not have an accessible outdoor living
area at the ground floor level, a balcony or terrace shall be provided that:

       •   is for the exclusive use of the occupant(s) of the dwelling unit
       •   is directly accessible from the primary living area
       •   has a minimum dimension of 1.5 by 3m
       •   has access to sunlight on the shortest day of the year

(x)        Proposed New Rule 19.2.1.5 Service Areas

The Tauranga District Plan is proposed to be changed by inserting a new
“Rule 19.2.1.5 Service Areas”, being the text underlined as follows, and
renumbering the subsequent rules:

19.2.1.5 Service Areas

(a) Each independent dwelling unit in the Residential A Zone and Urban
Marae Community Zone shall be provided with a service area with a minimum
area of 10m2 and a 2.5m dimension.

(b) Each independent dwelling unit in the Residential H Zone shall be
provided with a service area with a minimum area of 10m2 and a minimum
dimension of 2.5 m.

(xi)       Proposed Changes to current Rule 19.2.1.3 Traffic
           Management, Safety and Convenience (c)

The Tauranga District Plan current “Rule 19.2.1.3 Traffic Management,
Safety and Convenience (c)” is proposed to be changed by deleting the text
struck through and inserting the text underlined as follows:

19.2.1.3 6 Traffic Management, Safety and Convenience

(c) Every education facility, Vvisitor accommodation, and shared
accommodation premises, health centre or office premises shall have its their
principal traffic access on to and from strategic arterial, district arterial or
collector roads, as shown in Diagram 1, Section 7, Part C.

(xii)      Proposed Changes to current Rule 19.2.1.3 Traffic
           Management, Safety and Convenience (f)

The Tauranga District Plan current “Rule 19.2.1.3 Traffic Management,
Safety and Convenience (f)” is proposed to be changed by inserting the text
underlined as follows:




                                           38                      TCC Ref: 1641486
(f) Every home-based business, or combination of home-based businesses on
a single site, and associated dwelling shall in total generate not more than 20
traffic movements to and from the site per day (measured over a five-day
(Monday to Friday) average), including receipt and delivery of material and
finished product, and the arrival and departure of employee(s), principals of
the business and other persons living on the site and customers purchasing
goods.

(xiii) Proposed Changes to current Rule 19.2.1.4 Street scene

The Tauranga District Plan current “Rule 19.2.1.4 Streetscene” is proposed
to be changed by inserting the text underlined and deleting the text struck
through as follows, (and renumbering the subsequent rules):

19.2.1.4 19.2.1.7 Streetscene

(a) All buildings (including those buildings that may be defined as signs in
accordance with Rule 19.2.1.9) on a site with a frontage to a legal road shall
be set back from the road boundary of the site as follows:

Residential Zone, Future Urban Zone,
Urban Marae Community Zone, Large 3m
Lot Residential Zone:

Rural-Residential Zone:                  10m

(b) The provision of on-site parking shall not be located within the required
Streetscene setback.

(c) Every education facility, visitor accommodation, or shared accommodation,
health centre and office shall provide frontage landscaping planting
comprising a mix of trees, shrubs and groundcover contiguous to, and to a
width of at least 2m measured from, the road frontage. Fences or solid
barriers over a height of 1m shall not be permitted along the frontage of the
site.

(xiv) Proposed Changes to current Rule 19.2.1.5 Space about Buildings

The Tauranga District Plan current “Rule 19.2.1.5 Space about Buildings”
is proposed to be changed by inserting the text underlined and deleting the
text struck through as follows, (and renumbering the subsequent rules):

19.2.1.5 19.2.1.8 Space about Buildings

(a) All buildings shall be set back from side and rear boundaries so as to
provide on a site in the Residential Zone, Future Urban Zone, Urban Marae
Community Zone and Rural-Residential Zone:

(i) Side yards of at least 1.5m minimum dimension and a rear yard of at least
1.5m minimum dimension.

                                       39                     TCC Ref: 1641486
(ii) Where an existing building has been lawfully established before 15
November 2003 (‘the existing building”), in a manner which would now infringe
Rule 19.2.1.5 (a) (i), any new building proposed for an adjoining site and
sharing a common site boundary with the existing building may infringe
subparagraph (a) (i) but only to the extent that the existing building so
infringes on the common site boundary. Where there are existing buildings on
more than one common site boundary this exemption can only be applied to
one of the affected common boundaries. (See Appendix 19F: Circumstances
in which Rule 19.2.1.5 (a) (i) can be infringed as a Permitted Activity).

(iii) Where a site adjoins a Conservation Zone, a A yard of at least 5m
minimum dimension shall be provided to any Conservation Zone boundary.

(iv) Where a site adjoins the Western or Northern boundary of the Bethlehem
Commercial Business Zone (north side of State Highway 2) a yard of at least
5m minimum dimension.

(b) In the Residential A Zone and Urban Marae Community Zone where two
or more buildings, excluding accessory buildings, are located on the one site,
no eave of a building shall be closer than 6m to the eave of another building.

(c) In the Residential A Zone and Urban Marae Community Zone a balcony or
window of a habitable room at upper-floor level shall be set back 5m from any
boundary, other than the road boundary or where adjoining an accessway,
any entrance strip with a width greater than 3m, or any right of way, private
way or access lot.

(d) In the Residential A Zone and Urban Marae Community Zone where
buildings are attached, no setback is required between those buildings.


Note: Natural resource conditions may also apply (see Rule 19.2.2). For the
purposes of this rule a common wall is not considered to be a site boundary.

Note: See also Rule 13.1.1 Permitted Setback Intrusions


(xv)   Proposed new Rule 19.2.1.9 Building Modulation

The Tauranga District Plan is proposed to be changed by inserting a new
“Rule 19.2.1.9 Building Modulation”, being the text underlined as follows,
and renumbering the subsequent rules:

19.2.1.9 Building modulation

Where the length of a wall measured parallel to any external or internal
boundary (notional boundary between independent dwelling units on site)
exceeds 15m (whether in one continuous measurement or a series of part
measurements) there shall be a step in plan of at least 2m in depth and 6m in
length. Any intermediate setback shall also be of at least 2m in depth.

                                      40                     TCC Ref: 1641486
Setbacks of less than 2m in depth shall be included in the aggregated length
of the wall.

Issues for Consideration: Further options which could apply would be
for the building modulation rule to be a critical standard in relation to the
front yard or boundaries adjoining public open space (i.e. non-
complying if not met). For other boundaries and yards a limited
discretionary consent would be required.

(xvi) Proposed Changes to current Rule 19.2.1.6 Overshadowing

The Tauranga District Plan current “Rule 19.2.1.6 Overshadowing” is
proposed to be changed by inserting the text underlined and deleting the text
struck through as follows:

19.2.1.6 19.2.1.10    Overshadowing

All buildings shall be within a building envelope of 2.7m height above ground
level and a specified angle into the site.

For the purpose of this rule the angle into the site shall be obtained from
Appendix 19D: Overshadowing Rule – Angles and the instructions contained
there.


Note: A building over 9m in height on a specified high-rise site in the
Residential H Zone, shall be considered under Rule 19.3.3.

Note: See also Rule 13.1.2 Permitted Overshadowing Envelope Protrusions.


(xvii) Proposed Changes to current Rule 19.2.1.7
Overshadowing

The Tauranga District Plan current “Rule 19.2.1.7 Variation Criteria” is
proposed to be changed by deletion in its entirety (as shown struck through as
follows):

19.2.1.7 Variation Criteria

A building may be erected closer to a site boundary than permitted by Rule
19.2.1.5 (a) (i) and or/penetrate the building envelope required by Rule
19.2.1.6 where:

(a) No more than a maximum of two yards required by Rule 19.2.1.5 (a) (i) are
proposed to be varied

(b) The written consent of those property owners and occupiers whose
properties adjoin the proposed non-compliance has been obtained before the
issue of a building consent

                                       41                     TCC Ref: 1641486
(c) That the written consent is clearly endorsed on all relevant building
consent plans

(d) “Adjoining” for the purpose of this rule shall mean:

(i) All those properties directly adjoining the site boundary at which the
building setback required by Rule 19.2.1.5 (a) (i) or the overshadowing
envelope required by Rule 19.2.1.6 is encroached upon, including vehicle or
pedestrian access ways, private ways, access legs, rights-of-ways, or access
lots, excluding public roads, and

(ii) All those properties that would adjoin the site boundary at which the
overshadowing envelope required by Rule 19.2.1.6 is encroached upon,
despite being separated from the subject site by vehicle or pedestrian access
ways, private ways, access legs, rights-of-way, or access lots, excluding
public roads, if the building would encroach beyond the overshadowing
envelope required by Rule 19.2.1.6 when applied at the boundary of that
adjoining property.

(xviii) Proposed Changes to current Rule 19.2.1.8 Visual Amenity–
Residential Outlook

The Tauranga District Plan current “Rule 19.2.1.8 Visual Amenity –
Residential Outlook” is proposed to be changed by inserting the text
underlined and deleting the text as struck through as follows:

19.2.1.8 19.2.1.11 Visual Amenity – Residential Outlook

Every education facility, visitor accommodation, or shared accommodation,
health centre and office shall provide a 1.8m–high screen wall or fence of
permanent materials along any site boundary other than a road boundary.
Fences or solid barriers over a height of 1m shall not be permitted along the
front boundary of the site.

(ixx) Proposed Changes to current Rule 19.2.1.3 Controlled Activities

The Tauranga District Plan current “Rule 19.3 Controlled Activities (a), (b),
(d) and (f)” are proposed to be changed by inserting the text underlined and
deleting the text struck through as follows (All other clauses remain without
change):

19.3 Controlled Activities

Any one or more of the following are controlled activities where they do not
contravene any controlled activity standards or terms:

(a) Subdivisions which are boundary adjustments and relocation of existing
titles excluding such subdivisions in the Residential A Zone where the parent
title is 2,000m2 or greater.


                                       42                      TCC Ref: 1641486
(b) Subdivisions for sewered residential allotments where wastewater services
are to be connected to a Council operated and maintained wastewater
reticulation, treatment and disposal system of sufficient capacity to service the
proposed subdivision, excluding subdivision in the Residential A Zone where
the parent title is 2,000m2 or greater.

(d) Subdivisions to accommodate other activities, excluding those in the
Future Urban Zone (See Rule 19.6), or subdivision in the Residential A Zone
where the parent title is 2,000m2 or greater.

(f) Residential activity or visitor accommodation in a building over 9m in height
and under the height limit line on a specified high-rise site (within the High
Rise Policy Area) in the Residential H Zone.

(xx)   Proposed Changes to current Rule 19.3.1. 1
       Boundary Adjustments and Relocations of Existing
       Titles

The Tauranga District Plan current “Rule 19.3.1.1 Boundary Adjustments
and Relocation of Existing Titles” is proposed to be changed by inserting
the text underlined as follows:

19.3.1.1 Boundary Adjustments and Relocations of Existing Titles

The minimum nett site area requirements will not apply to a subdivision for the
adjustment or relocation of boundaries provided no additional allotments are
created and the subdivision complies with at least one of the following criteria:

(a) The adjustment or relocation of boundaries will leave an allotment(s) with
the same or similar nett site areas

(b) The adjustment or relocation of boundaries will not lead to, nor increase
the degree of, non-conformity of any existing lot(s) with the subdivision
provisions for the zone

(c) The adjustment or relocation of boundaries in the Residential A and Urban
Marae Community Zones shall enable the utilisation of land having due regard
to Rule 19.4.1.1 (f).

(xxi) Proposed Changes to current Rule 19.3.1.2 Sewered Residential
      Allotments in the Residential A and H Zones and Urban Marae
      Community Zones Clause (a)

The Tauranga District Plan current “Rule 19.3.1.2 (a) Sewered Residential
Allotments” is proposed to be changed by inserting the text underlined as
follows:

(a) Minimum allotment size: 325m2 nett site area per allotment. No averaging
of allotment sizes over the site(s) is permitted. Minimum allotment frontage:
3m, provided that the minimum frontage shall be 2.7m for a subdivision

                                       43                      TCC Ref: 1641486
designed to meet the requirements of Rule 19.2.1.3 (d) (i). Special
subdivision rules for north east Bethlehem (see Rule 19.3.1.2 (e) )

(xxii) Proposed Changes to current Rule 19.3.1.2 Sewered Residential
       Allotments in the Residential A and H Zones and Urban Marae
       Community Zones Clause (e)

The Tauranga District Plan “Rule 19.3.1.2 (e) Sewered Residential
Allotments” is proposed to be changed by inserting the text underlined as
follows:

(e) Special Subdivision Rule for Sewered Residential A allotments in
North East Bethlehem

Any subdivision of Residential A zoned land north of State Highway 2 and
east of Bethlehem Road shall meet the following:

Minimum allotment size:                   325m2 nett site area
Minimum allotment frontage:               3m
Average allotment size                    600m2 nett site area

(xxiii) Proposed Changes to current Rule 19.4 Limited
Discretionary Activities

The Tauranga District Plan current “Rule 19.4 Limited Discretionary
Activities” is proposed to be changed by inserting the text underlined and
deleting the text struck through as follows:

19.4 Limited Discretionary Activities

The following are limited discretionary activities:

(a) Activities listed as permitted or controlled that do not comply with one or
more of the permitted activity conditions, excluding those activities that do not
comply with Rule 19.2.1.5 (a) (iii), or controlled activity standards and terms
unless otherwise listed as discretionary activities.

(a) Activities listed as permitted or controlled that do not comply with one or
two of the permitted activity conditions in Rule 19.2, or controlled activity
standards and terms, unless otherwise listed as discretionary or non-
complying activities.


Note: In cases where more than two variations to the same condition on the
one site i.e. 3 variations to an outdoor living court on the one site these shall
be either a discretionary or non-complying activity see Rule 19.4 or Rule 19.7.


Provided that, those activities that do not comply with the following Rules shall
be non-complying activities (see Rule 19.7):

                                        44                       TCC Ref: 1641486
(i) Rule 19.2.1.1 (a) (i) Development Intensity and Scale

(ii) Rule 19.2.1.2 Building Height

(iii) Rule 19.2.1.3 Site Coverage

(iv) Rule 19.2.1.9 Building modulation

(v) Rule 19.2.1.5 (a) (iii) Space about Buildings (Conservation Zone setback)

(b) Activities listed as limited discretionary activities within a Natural Hazard
Policy Area (see Chapter 17 Natural Hazard Policy Area Rules)

(c) Activities listed as limited discretionary activities in Chapter 16 Heritage
Rules

(d) Activities listed as permitted or controlled and required to provide more
than 25 on-site vehicle parking spaces calculated in accordance with Chapter
24 Transportation Activity and Other Network Utility Rules

(e) Shared accommodation that does not comply with:

(i) Any of the amenity conditions for a permitted activity (see the maximum
development intensity conditions of Rule 19.2.1.1 (e) and permitted amenity
conditions from 19.2.1.2 to 19.2.1.13 16) inclusive

(ii) Any of the permitted activity conditions of Rule 19.2.2 to Rule 19.2.5
inclusive.

(xxiv) Proposed Changes to current Rule 19.4.1 Limited Discretionary
       Activities

The Tauranga District Plan current “Rule 19.4.1 Limited Discretionary
Activities” is proposed to be changed by inserting the text underlined and
deleting the text struck through as follows:

19.4.1 Limited Discretionary Activities – Matters of Discretion and
Conditions

19.4.1.1 Non-Compliance with a Permitted Activity Condition or
Controlled Subdivision Standards and Terms

The Council restricts the exercise of its discretion to:

(a) Whether the proposal would be consistent with the objectives and policies
for Residential Zones

(b) Actual or potential off-site effects, and in the case of a breach of a Yard or
Overshadowing condition the on-site effects, of the non-compliance with the
specified standard on the surrounding environment including on site amenity

                                        45                       TCC Ref: 1641486
in the case of a breach of a yard or overshadowing conditions or the pattern of
subdivision, land use, roading or services infrastructure in the locality.

(c) District-wide rules contained within the Plan (See Chapters 11 to 18)

(d) Imposition of financial contributions in accordance with Chapter 26
Financial Contribution Rules

(e) Imposition of conditions including the imposition of any conditions in
accordance with Section 108 or 220 of the Resource Management Act 1991
that would avoid remedy or mitigate any adverse off-site environmental effects
arising from the activity’s non –compliance with the specified standard,
including

   •   The actual or potential adverse effects on residents’ health of locating
       dwellings or educational facilities in close proximity to the Rural Zone
       where pesticides are likely to be applied to agricultural and/or
       horticultural activities.

For all Limited Discretionary activities:

(a) General Amenity

(i) The extent to which the proposal reflects the overall policy intentions of the
scale and character anticipated for the Zone in the Plan

(ii) The extent to which the proposal is sensitive to the residential character,
scale, bulk and amenity including open space and traffic movement of the
surrounding neighbourhood

(iii) The extent to which the proposal would visually intrude on the street
scene, local neighbourhood and city skyline.

(iii) The extent to which site size, shape, frontage, topography and existing
and proposed use:

   •   Would have any adverse effects on the neighbourhood having regard
       to the established or intended character of the area as set out in the
       policies of the Plan.

   •   Would adequately accommodate the development and its associated
       parking, servicing and landscaping.

(iv) The extent to which there are any cumulative effects from the proposal,
whether on its own or in combination with other activities in the neighbourhood
including traffic generation, on the maintenance or enhancement of residential
character and outlook.




                                        46                      TCC Ref: 1641486
(v) The extent of positive effects to the neighbourhood or the wider
community, including the extent to which the proposal might enhance the
amenity of the area.

(vi) District-wide rules contained within the Plan (See Chapters 11 to 18)

(vii) Imposition of financial contributions in accordance with Chapter 26
Financial Contribution Rules

(viii) Imposition of conditions including the imposition of any conditions in
accordance with Section 108 or 220 of the Resource Management Act 1991
that would avoid remedy or mitigate any adverse off-site environmental effects
arising from the activity’s non –compliance with the specified standard,
including

The actual or potential adverse effects on residents’ health of locating
dwellings or educational facilities in close proximity to the Rural Zone where
pesticides are likely to be applied to agricultural and/or horticultural activities.

And

For activities not complying with Rule 19.2.1.7 Street scene, 19.2.1.8
Space about Buildings and Rule 19.2.1.14 Noise

(b) Visual and Aural Privacy

(i) The extent to which the proposal provides for the visual and aural privacy of
occupants and neighbours including the extent to which:

   •   Occupants using their main living area/s and bedroom/s can be seen
       from buildings or outdoor living areas adjacent to or facing onto the
       independent dwelling unit:

   •   The noise level of activity in adjacent independent dwelling units or non
       residential units which share a party wall is such that it meets the
       required noise standards required by this Plan or the Building Act 200
       within all habitable rooms.

   •   Noise reverberating from outdoor hard surfaces such as walls and
       paving, particularly with regard to vehicular movement and use, is
       mitigated or reduced.

   •   Proposed parking or outdoor storage area will detract from the
       pleasantness and attractiveness of the site when viewed from adjoining
       or adjacent sites or public places.

   •   There is an ability to remedy or mitigate any adverse effects of the
       activity by the layout or design of the site or buildings.



                                         47                       TCC Ref: 1641486
For activities not complying with Rule 19.2.1.4 Outdoor Living Area

(c) Outdoor Living Area

 (i) Whether the variation to dimensions of the proposed outdoor living area is
minor and unlikely to adversely affect the future liveability of the independent
dwelling unit.

(ii) Whether the design of the independent dwelling unit is such that a variation
to the private outdoor living space will not adversely affect the use and
enjoyment of the independent dwelling unit

(iii) Whether the reduction of private outdoor living space will have an impact
on the access of sunlight to the site or on adjoining sites.

(iv) The extent to which the reduction in outdoor living space and/or its
location will adversely affect the ability of the site to provide for the outdoor
living needs of residents of the sites

(vi)_ Any alternative provision on, or in close proximity to, the site for outdoor
living space

(v) The extent of adequate space for planting around buildings

For activities not complying with Rule 19.2.1.5 Service Area

(d) Service Areas

(i) Any alternative provision on, or in close proximity to, the site for service
areas to meet the needs of residents.

(ii) The ability to mitigate any adverse effects of the proposed alternative
provision on–site and on adjoining or adjacent sites including public space of
visual and odour impacts.

(iii) Provision for the recycling of materials

(iv) The provision of communal facilities

For activities not complying with Rule 19.2.1.6 Traffic Management,
Safety and Convenience

(e) Traffic Management, Safety and Convenience

(i) The extent of parking provided by the proposal.

(ii) The layout and internal circulation of the parking areas to ensure safe and
efficient vehicle and pedestrian circulation on the site.



                                         48                       TCC Ref: 1641486
(iii) The location of carparking on site in relation to residential activities (both
on and off site) and the extent of adverse impacts on the visual and aural
privacy of these residential activities.

(iv) Noise, vibration and light from vehicles entering and leaving the site.

(v) The extent of adequate sight distances and prevention of on-street
congestion caused by the ingress and egress of vehicles to and from sites

(vi) Pedestrian safety within the neighbourhood including pedestrian safety on
the site itself.

(vii) The extent of potential reduction in the availability of on-street parking for
residents, occupants or visitors to the site or neighbourhood.

(viii) The extent to which vehicular traffic generated by any activity can be
accommodated without a loss of safety or efficiency of the road network, loss
of safe and efficient pedestrian movement or without loss of residential
amenity in the neighbourhood.

(ix) Provision for access to alternative forms of transport including the
provision of cycle parking, proximity of access to public transport.

For activities not complying with Rule 19.2.1.7 Street scene

(f) Street scene

(i) The provision of adequate space for tree and garden planting in the vicinity
of road boundaries, which will mitigate the effects of the building intrusion into
the streetscene

(ii) The extent and quality of any tree and garden planting proposed and the
effectiveness of proposed planting in enhancing the streetscape of the area

(iii) The compatibility of the proposed development on the grain of the existing
area

(iii) The compatibility of the proposed site layout building with the appearance,
layout and scale of other buildings and sites in the surrounding
neighbourhood, including setback of existing buildings in the vicinity from road
boundaries

(iv) The provision of any equal or greater amount of open space on the site
that contributes to the sense of space and openness as viewed from public
places

(v) The extent to which the setback reduction impacts on public and
pedestrian amenity values in terms of building appearance and function
resulting from the setback infringement


                                          49                       TCC Ref: 1641486
(vi) The extent to which the principles of crime prevention through
environmental design (CPTED) are addressed.

For activities not complying with Rule 19.2.1.8 Space about Buildings

(g) Space about Buildings

(i) The extent to which the site has an unusual or irregular shape or
topography that impacts on the ability to comply with permitted activity
conditions.

(ii) Whether the variation is minor and whether it is offset by other factors that
mitigate any adverse effects e.g. additional planting or screening, additional
setbacks or building modulation.

(iii) The provision of adequate space for tree and garden planting around the
buildings and tree and garden planting proposed as mitigation

(iv) Any difficulty of access to the building or to adjoining rear sites due to the
proximity or locations of buildings

 (v) Any adverse effects of the proximity or bulk of the buildings, in terms of
visual dominance by buildings of the outlook from adjoining and adjacent
buildings and sites,

(vi) Any adverse effects on site in the Residential A Zone and off site in all
residential zones on adjoining buildings or sites of the proximity of buildings,
windows, balconies in terms of reduced privacy.

(vii) Whether the proposal will reduce access of sunlight and daylight to other
buildings on the site in the Residential A Zone or on adjoining sites in all
residential zones.

(viii) The extent to which the building or structure are articulated and/or have
changes in materials and/or includes glazing that provides visual relief to the
façade and elevation of the building or structure

(ix)The extent to which the building dominates the site and provides for open
space opportunities on site.

(x) Whether the reduction in building setback will cause adverse effects on the
character, scale and open space amenity of the neighbourhood and on the
zone in general.

For activities not complying with Rule 19.2.1.10 Overshadowing

(h) Overshadowing




                                        50                       TCC Ref: 1641486
(i) The extent to which the site has an unusual or irregular shape or
topography that impacts on the ability to comply with permitted activity
conditions.

(ii) Whether the variation is minor and whether it is offset by other factors that
mitigate any adverse effects such as additional setbacks or building
modulation.

(iii)The extent of any adverse effects of the proximity or bulk of the building in
terms of loss of access to daylight and sunlight on other buildings on the same
site and on adjoining sites.

(iv) Any adverse effects on adjoining buildings or sites of the proximity of
buildings, windows, balconies in terms of reduced privacy.

For activities not complying with Rule 19.2.1.11 Visual Amenity – Signs
and Rule 19.2.1.12 Traffic Safety and Convenience – Signs

(i) Visual Amenity – Signs and Traffic, Safety and Convenience – Signs

(i) The extent to which the scale and nature of the signage is compatible with
the surrounding environment.

(ii) The impact of the signage on the amenity values of adjoining residentially
zoned land and the surrounding environment.

(iii) The extent to which signage is likely to give rise to a distraction to
motorists and pedestrians, or create situations which are hazardous or
dangerous to road users.

(iv) The extent to which the signage creates visual clutter particularly along
roads.

(v) The effect of illuminated signage on motorists and adjoining properties.

(vi) The type of light, including its strength, location, colour, whether it is static,
intermittent or flashing, and hours of operation.

For activities not complying with Rule 19.2.1.14 Noise and Disturbance

(j) Noise

(i)The extent to which mitigation can be achieved through greater separation
distances between the noise generator and affected areas, sound proofing of
buildings and/ or screening of the noise generator

(ii) Hours of operation of the activity and it’s duration and nature.

For activities not complying with Rule 19.2.1.15 Exterior Lighting and
Glare

                                          51                       TCC Ref: 1641486
(k) Exterior Lighting and Glare

(i) The potential adverse effects on adjacent and adjoining uses in terms of
privacy and enjoyment of those properties and in terms of safety in relation to
any road or footpath.

(ii) The extent to which additional light may adversely affect occupation of
residential properties

(iii) The effect on traffic safety.

(iv) The positive effects of improved pedestrian safety and security.

(v) The type of light, including its strength, location, colour, whether it is static,
intermittent or flashing, and hours of operation.

For activities not complying with Rule 19.2.1.16 Dust

(l) Dust

(i) The nature and location of nearby activities and the effects they may
experience.

(ii) Whether the emissions are likely to detract from the general environmental
quality and amenity of the adjoining sites and the general surrounds.

(iii) The likely duration and frequency of emissions.

(iv) The effectiveness, and in particular the certainty, provided by any
proposed mitigation methods or by any conditions or controls that might be
imposed on the activity.

(xxv) Proposed Changes to current Rule 19.4.3. Limited Discretionary
      Activities – Standards and terms for Shared Accommodation
      Activities, Rule 19.4.3.3 Traffic Generation Safety and
      Convenience

The Tauranga District Plan current “Rule 19.4.3. Limited Discretionary
Activities - Standards and terms for Shared Accommodation Activities,
Rule 19.4.3.3 Traffic Generation Safety and Convenience” is proposed to
be changed by inserting the text underlined as follows:

19.4.3 Limited Discretionary Activities – Standards and terms for Shared
Accommodation Activities

19.4.3.3 Traffic Generation, Safety and Convenience

(a) The Council restricts the exercise of its discretion to the extent to which the
neighbourhood and adjacent street network can accommodate anticipated


                                          52                       TCC Ref: 1641486
increases in traffic generated as a result of the activities on the site, having
particular regard to:

(i) The extent of adverse effects from traffic noise including noise arising for
the congregation of people, and their vehicles, vibration, glare, fumes,
congestion, on-street safety, on-street parking, on the local residential
neighbourhood amenity

(ii) The extent to which the operation, function, safety and efficiency of the
adjacent road/s is adversely affected given:
      • Their place in the roading hierarchy

    •   Their role in providing amenity within the local residential
        neighbourhood

    •   Their capacity when compared to the maximum residential
        development intensity permitted for the site

    •   The management of access to the adjacent road

    •   Provision for safe pedestrian and cycle movement

(iii) The extent to which any adverse or cumulative adverse effects can be
remedied or mitigated by on-site location of parking and loading areas, by site
access design and location, by restricting hours of operation of any on-site
facilities, or by restricting the hours for access for goods and services
vehicles.

(b) In exercising the above discretion the Council shall have regard to Issue
7.4 (Transportation), and its policies and objectives.

(xxvi) Proposed Changes to current Rule19.5 Discretionary Activities

The Tauranga District Plan current “Rule 19.5 Limited Discretionary
Activities” is proposed to be changed by inserting the text underlined and
deleting the text struck through as follows:

19.5 Discretionary Activities

Discretionary activities are:

(a) Land-use or subdivision activities which are not listed as permitted,
controlled, limited discretionary, non-complying or prohibited activities.

(b) Non-residential land-use activities and visitor accommodation listed as
permitted or controlled, that do not comply with one or more of the permitted
activity conditions or controlled activity standards and terms.

(c) Comprehensive Development of sites of 2,000m2 or greater (as at 1 July
2007 or created since that date) in the Residential A Zone. For the purpose of

                                        53                       TCC Ref: 1641486
this rule “Comprehensive Development” means: the development of sites of
equal to or greater than 2,000m2 in area in the Residential A Zone as a
comprehensively designed, integrated site development.

(d) Education Facilities

(e)       Health Centres

(xxvii) Proposed New Rule 19.5.1 Standards and Terms for Educational
       Facilities

The Tauranga District Plan is proposed to be changed by inserting a New
“Rule 19.5.1 Standards and Terms for Educational Facilities”, being the
text underlined as follows, and renumbering the subsequent rules:


19.5.1 Standards and Terms for Education Facilities

(a) The maximum occupancy of any one care giving or educational session for
which the education facilities shall be designed and operated, exclusive of
staff, is 25.

(b) All buildings accommodating education facilities shall comply with the
provisions of:

      •   Rule 19.2.2. Building Height

      •   Rule 19.2.1.3 Site Coverage

      •   Rule 19.2.1.5 Service Areas

      •   Rule 19.2.1.7 Street scene,

      •   Rule 19.2.1.8 Space about Buildings,

      •    Rule 19.2.1. 9 Building modulation

      •   Rule 19.2.1.10 Overshadowing

      •   Rule 19.2.1.11 Visual Amenity – Residential Outlook

      •   Rule 19 .2.1.12 Visual Amenity - Signs

      •   Rule 19.2.1.13 Traffic safety and Convenience - Signs

      •   Rule 19.2.1.14 Noise and Disturbance

      •   Rule 19.2.1.15 Exterior Glare and Lighting



                                         54                     TCC Ref: 1641486
    •   Rule 19.2.16 Dust

(c) Every education facility shall provide on-site parking, manoeuvring, loading
and access in accordance with the provisions of Chapter 24 Transportation
Activity and Other Network Utility Rules.

Note: A Traffic Impact Study shall be required for any education facility
required to provide more than 25 on-site vehicle parking spaces (See Rule
12.2.2 for information requirements)

(d) Every education facility shall have its principal traffic access to, and from,
strategic arterial, district arterial or collector road, as shown in Diagram 1,
Section 7, Part C.

(e) All buildings on a site adjoining a road frontage identified on the Planning
Maps (Part C) as Future Road Widening shall have the required setback
measured from the potential road line boundary.

 (f) Every education facility shall provide tree and garden planting on the
frontage contiguous to, and to a width of least 2m measured from, the road
frontage.

(g) Every education facility shall provide a 1.8m high screen wall or fence of
permanent materials along any site boundary other than a road boundary.
Any fence or solid barrier along the road boundary shall be no more than 1m
in height.

(xxviii) Proposed New Rule 19.5.2 Standards and Terms for Health
        Centres

The Tauranga District Plan is proposed to be changed by inserting a new
“Rule 19.5.2 Standards and Terms for Health Centres”, being the text
underlined as follows, and renumbering the subsequent rules:

19.5 .2 Standards and Terms for Health Centres

 (a) Health Centres shall be designed and operated to ensure the maximum
occupancy of fulltime equivalent staff on the site is four.

(b) All buildings accommodating Health Centres shall comply with the
provisions of:

    •   Rule 19.2.2. Building Height

    •   Rule 19.2.1.3 Site Coverage

    •   Rule 19.2.1.5 Service Areas

    •   Rule 19.2.1.7 Street scene,


                                        55                       TCC Ref: 1641486
    •   Rule 19.2.1.8 Space about Buildings,

    •   Rule 19.2.1. 9 Building modulation

    •   Rule 19.2.1.10 Overshadowing

    •   Rule 19.2.1.11 Visual Amenity – Residential Outlook

    •   Rule 19 .2.1.12 Visual Amenity - Signs

    •   Rule 19.2.1.13 Traffic safety and Convenience - Signs.

    •   Rule 19.2.1.14 Noise and Disturbance

    •   Rule 19.2.1.15 Exterior Glare and Lighting

    •   Rule 19.2.16 Dust

 (c) Every health centre shall provide on-site parking, manoeuvring, loading
and access in accordance with the provisions of Chapter 24 Transportation
Activity and Other Network Utility Rules.

Note: A Traffic Impact Study shall be required for a health centre required to
provide more than 25 on-site vehicle parking spaces (See Rule 12.2.2 for
information requirements)

(d) Every health centre shall have its principal traffic access to and, from a
strategic arterial, district arterial or collector roads, as shown in Diagram 1,
Section 7, Part C.

(e) All buildings on a site adjoining a road frontage identified on the Planning
Maps (Part C) as Future Road Widening shall have the required setback
measured from the potential road line boundary.

(f) Every health centre shall provide tree and garden planting on the frontage
contiguous to, and to a width of least 2m measured from, the road frontage.

(g) Every health centre shall provide a 1.8m high screen wall or fence of
permanent materials along any site boundary other than a road boundary.
Any fence or solid barrier along the road boundary shall be no more than 1m
in height.

(ixxx) Proposed changes to current Rule 19.5.1 Assessment of
       Applications and Conditions

The Tauranga District Plan current “Rule 19.5.1 Assessment of
Applications and Conditions” is proposed to be changed by inserting a text
underlined as follows, and deleting the text struck through (and renumbering),
the subsequent rules:

                                        56                       TCC Ref: 1641486
19.5.1 19.6.1 Assessment of Applications and Conditions

Unless otherwise stated in the Plan, in considering an application for a
discretionary activity under this rule, Council shall have regard to:

(a) Discretionary Activities are required to comply with the permitted activity
conditions

Activities that do not comply with 3 or more permitted activity standards shall
be non-complying activities (see Rule 19.7).

(a) (b) The matters of assessment applicable to the proposed activity

(b) (c) The “example” conditions set out in Rule 11.4.

(c) (d) For non-residential land-use activities and visitor accommodation:

       (i) Actual or potential and/or cumulative adverse effects of the activity
       on the character and amenity of the surrounding residential
       environment or the land use, roading or services infrastructure in the
       locality

       (ii) Where relevant, the matters identified in permitted activity
       conditions, controlled activity standards and terms and limited
       discretionary standards and terms specified in the Plan. Rule 19.4.3
       shall be considered with regards to any discretionary Visitor
       Accommodation activity.

(d) For Comprehensive Residential Development in the Residential A
Zone

General

(i) In all circumstances where a comprehensive development is undertaken
subdivision consent for the proposed development shall not be granted until a
land use consent is granted by Council for the development.

Development Intensity and Scale

(i) The degree to which the development complies with the overall intention of
the scale, character and amenity anticipated for the Residential A Zone

(ii) Whether the proposed allotments are capable of accommodating Permitted
Activities in compliance with the Residential A Zone rules.

(iii) The extent to which the intensity of residential use or other use of the site
has an adverse effect on the residential scale, character and amenity of the
neighbourhood and wider Residential A environment.


                                         57                      TCC Ref: 1641486
(iv) The extent to which the development’s design maintains or enhances the
anticipated residential scale, character and amenity of the neighbourhood and
that anticipated for the wider Residential A environment.

(v) The location, height, external appearance and methods of construction to
avoid or mitigate adverse effects on the street scene, adjoining or surrounding
buildings, public open space, amenity linkages, the visual amenity of open
space, streets and the surrounding landscape including.

   •   The extent to which the buildings or structures are articulated and/or
       have changes in materials and/or includes glazing that provides visual
       relief to the façade and elevation of the building or structure

   •   The visual dominance caused by the building(s) length detracting from
       the openness of the site and outlook from the street and public open
       space and adjoining sites, which is out of character with the
       neighbourhood

   •   The extent to which any proposed building(s) will be compatible with
       the scale of other buildings in the surrounding area and will not result in
       visual domination as a result of building coverage which is out of
       character with the residential neighbourhood and wider anticipated
       Residential A environment.

   •   The extent to which development impacts upon the provision of
       daylight to buildings within the site, or adjacent sites, and to those sites
       in the immediate vicinity or adjacent public open space

   •   The ability to provide adequate outdoor space on the site for all outdoor
       activities associated with residential uses or other activities permitted
       on the site.

   •   The extent to which visual and aural privacy for residents on site and
       on adjoining and adjacent sites is achieved including the extent to
       which occupants using their main living area/s and bedrooms can be
       seen from buildings, outdoor living areas adjacent to or facing onto the
       dwelling unit;

   •   The retention of existing vegetation on the site, and the incorporation of
       existing trees and native vegetation into the site and landscape design

   •   The extent to which crime prevention measures such as lighting and
       the provision for a high level of visual integration from buildings to the
       adjacent public open space, including streets, at the ground floor are
       an integral part of the development

Public Services and Infrastructure

(i) The degree to which the intensity of residential use or any other use on a
site has an effect on the sustainability of infrastructural services.

                                        58                      TCC Ref: 1641486
(ii) The extent to which the provision for postal services, refuse collection,
recycling, outdoor storage and similar services is of an appropriate size for the
development, is easily accessed by residents and service workers and does
not detract visually from the development or generate health risks in the area.

(iii) The extent of provision for service areas

Traffic Generation, Safety and Convenience

(i) The location of entry and exit points to the site and their relationship with
the existing pedestrian network, the road network and any nearby public
transport network/route such as bus stops.

(ii) Particular consideration shall be given to the location of entry and exit
points to the site and their relationship with existing intersections, land
constraints and adjacent activities. Adverse effects may be avoided,
remedied or mitigated by controlling access to the road, by redesign of the
road or by installing traffic signals and by taking other traffic management
measures. To enable this to occur, financial contributions up to a maximum of
the actual cost of the necessary works may be required as a condition of
consent.

(iii) Any cumulative effect of traffic generation from the activity in conjunction
with traffic generation from other activities in the vicinity.

(iv) The extent to which provision shall be made for resident and visitor
parking and manoeuvring and site access in accordance with Chapter 24 of
the Plan

(v) The extent to which pedestrian movement on the site is separated from
vehicular movement

Imposition of Conditions

(i) Imposition of conditions including the imposition of any conditions in
accordance with Section 108 or 220 of the Resource Management Act 1991
that would avoid remedy or mitigate any adverse environmental effects arising
from the activity.

(xxx) Proposed changes to current Rule 19.6 Non-Complying Activities

The Tauranga District Plan current “Rule 19.6 Non-Complying Activities” is
proposed to be changed by inserting the text underlined as follows and
deleting the text struck through as follows:

19.6 19.7 Non-Complying Activities




                                         59                      TCC Ref: 1641486
(a) Activities which do not comply with three or more of the permitted activity
conditions, or any controlled activity standards and terms other than those
listed in (b) below.

(a) (b) Any listed permitted, controlled, limited discretionary or discretionary
activity which does not meet Rule 2.1.1 (a) (i) Development Intensity and
Scale, or, Rule 19.2.1.2 Building Height ,or, Rule 19.2.1.3 Site Coverage, or,
Rule 19.2.1.9 Building modulation, or, Rule 19.2.1.5 (a) (iii) Conservation
Zone yard.

(c) Any Education Facility that does not comply with discretionary activity
standards and terms.

(d) Any Health Centre that does not comply with discretionary activity
standards and terms.

(e) Any Home-based Business that does not comply with the permitted activity
conditions in Rule 19.2.1.1.(b)

(b) (e) Any listed permitted activities which do not meet the Natural Resource
Conditions in Rule 19.2.2, or any listed controlled, limited discretionary or
discretionary activity which would take place within the geographic area
specified in Rule 19.2.2.1 (a) or (b) and would result in the activity not
complying with the conditions specified in Rule 19.2.2.1 (c), (d), (e), and (f).

(c) (f) Activities that do not comply with Rule 19.2.1.1(a) (ii), Development
Intensity and Scale, Residential Activities, Pyes Pa West Urban Growth Area
and Rule 19.3.1.2 (f) (ii) Special Subdivision Rule for Residential Allotments
in the Pyes Pa West Urban Growth Area.

(d) (g) Any subdivision of land within the Future Urban Zone, other than
boundary adjustments, to create any additional allotments.

(e) (h) Land-use or subdivision activities (other than boundary adjustments
and relocations of existing titles) in the Future Urban Zone, Residential A and
H Zones and Urban Marae Community Zone, where wastewater services are
not connected to a Council operated and maintained wastewater reticulation,
treatment and disposal system or which such system does not have sufficient
capacity to service the proposed subdivision and land-use activity. This rule
shall not apply to activities in the Rural-Residential Zone where it is Council
policy not to provide a Council operated and maintained wastewater
reticulation, treatment and disposal system.




                                       60                      TCC Ref: 1641486

				
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