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District Plan Review Planners Report
Rural 3 Zones – Activity Lists and Rules
1.0 Issues
1.1 The summary of submissions for this report can be found on pages 777 to 781 of
the full summary document.
1.2 Activity Lists
1.2.1 Nine submission points were received on the Activity Lists Section of the
proposed Rural 3 Zone.
1.2.2 A number of requests additional for Permitted Activities were received
including provision for home based businesses, existing consented
activities and designations and more than one dwelling per lot.
1.2.3 One submission point was received in support of farming and ancillary
earthworks as being Permitted Activities.
1.2.4 One submission point was received seeking that limited retail outlets
based on the needs of the population be included as a Permitted
Activity.
1.2.5 One submission point sought that there was provision for separation lots
within the Rural 3 Zone.
1.3 Activity Performance Standards
1.3.1 16 submission points were received in relation to the specific Activity
Performance Standards of the Rural 3 Zone including the Subdivision
Activity Performance Standards.
1.3.2 One submission point sought that inclusion of separation lots be
included in the Rural 3 subdivision rules as a Controlled Activity.
1.3.3 Another submission point sought that the plan be amended to provide
for a shape factor of 30m by 10m as an alternative to a 20m diameter.
This has been dealt with through the Subdivision Section Planning
Reports.
1.3.4 Submissions were received that opposed the status of subdivision within
the Rural 3 Zone being a Non Complying Activity prior to a Structure
Plan being developed.
1.3.5 One submission opposed that a 30m yard was required where the Rural
3 Zone where it adjoins Minden Road. The proposed 30m yard only
Author: Jar Wickham Page 1 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
applies where a boundary adjoins a Rural 1 or Rural 2 Zone. Where the
boundary adjoins Minden Road the yard would be 10m.
1.3.6 Three submission point points were received in support of the proposed
lot sizes in the Rural 3 Zone. One submission point sought that the
minimum lot size was decreased to 2000m2 when surrounded on two
sides by pastoral farm.
1.4 Use of Transferable Subdivision Rights into the Rural 3 Zone
1.4.1 A number of submissions were received in relation to the use of
transferable subdivision rights within the Rural 3 Zone. There were
submissions received both in support and opposition to the use of
transferable development rights.
1.4.2 Submission points were received about the allocation of transferable
subdivision rights into the Rural 3 Zone in particular a request for two
subdivision rights being able to be obtained for each transferable
amalgamation right that is accepted into the Rural 3 Zone.
2.0 Options
2.1 Option 1
2.1.1 Amend the Permitted Activities in the Rural 3 Zone to allow for existing
consented activities and designations, home based businesses and for
more than one dwelling per lot.
2.2 Option 2
2.2.1 Remove the need to acquire subdivision rights from other rural areas to
subdivide within the Rural 3 Zone.
2.3 Option 3
2.3.1 Include provision for separation lots in the Rural 3 Zone.
2.4 Option 4
2.4.1 Allow a limited amount of subdivision to occur within the Rural 3 Zones
prior to a Structure Plan being carried out.
2.5 Option 5
2.5.1 Amend the number of lots that are able to be created as a result of
importing a transferable amalgamation lot into the Rural 3 Zone to
enable two lots to be created per transferable amalgamation lot.
2.6 Option 6
2.6.1 Amend the minimum lot size in the Minden Rural 3 Zone to 2000m2.
Author: Jar Wickham Page 2 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
3.0 Advantages and Disadvantages
3.1 Option 1: Amend the Permitted Activities in the Rural 3 Zone to allow for
existing consented activities and designations, home based businesses and
for more than one dwelling per lot.
Activities within existing designations and resource consents
Work on existing designations and under existing resource consent for utility companies have
been dealt with through the Works and Network Section Planners Reports.
Additional Dwellings within the Rural 3 Zone
It is considered that additional dwellings in the Rural 3 Zone could potentially be provided for so
long as the density remains at one dwelling per the minimum lot size. This minimum lot size
has been proposed as 3000m2 but will be finalized through the development of the Structure
Plan. Additional dwellings would need to be Controlled or Discretionary Activities to ensure the
payment of financial contributions and that the dwelling met any design or development
controls prescribed by the Structure Plan rules. Should the additional dwelling then need to be
subdivided off the parent title then a subdivision right will need to be obtained to achieve this.
Home Enterprises
Home Enterprises have been dealt with in a separate report and the recommendations can be
extended into the Rural 3 Zone. Here some amendments have been made to make Home
Enterprises more flexible as a result of submissions received.
3.2 Option 2: Remove the need to acquire subdivision rights from other Rural
Areas to subdivide the Rural 3 Zone.
Advantages Disadvantages
No need for landowners to import May mean that the landowners that had
subdivision rights in order to subdivide subdivision abilities under the Operative
District Plan that are no longer to be used
on their site will loose this right altogether
May mean under the proposed rules that
there is nowhere for protection lot
subdivision rights to be transferred when
feature is either located on a site that is not
suitable for onsite subdivision or on larger
features that are eligible for multiple
subdivision rights.
3.3 Option 3: Include provision for separation lots in the Rural 3 Zone.
Advantages Disadvantages
Separation lots are created by subdividing an It is considered that due to the proposed
existing title where each proposed lots is and subdivision regime in the Rural 3 Zone that
will remain totally separated by a permanent there will be an ability to subdivide down to
watercourse, State Highway existing public a minimum lot size of 3000m2 with an
road, a railway or sever or substantial average of 5000m2 (subject to a Structure
landform. Plan being developed).
This should replace the need for
separation lots.
Author: Jar Wickham Page 3 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
3.4 Option 4: Allow a limited amount of subdivision to occur within the Rural 3
Zones prior to a Structure Plan being carried out.
Advantages Disadvantages
There may be landowners who have land Additional development within the
in the Rural 3 Zones who could possibly Structure Plan area can have the ability to
subdivide under the Operative District Plan compromise the Structure Plan at a later
Rules but the proposed Plan would make stage.
any development a Non Complying It is important that the Rural 3 Zone is
Activity. master planned in a comprehensive way.
This will ensure the appropriate linkages,
connections, infrastructure, development
controls, landscaping and an ability to
mitigate any effects on the surrounding
environment.
3.5 Option 5: Amend the number of lots that are able to be created as a result of
importing a transferable amalgamation lot into the Rural 3 Zone to enable
two lots to be created per transferable amalgamation lot.
Advantages Disadvantages
To amalgamate two titles may result in The amalgamation lot rule provides choice
significant costs in terms of the loss of a that enables landowners to transfer right to
title that could be sold. In more remote the Rural 3 Zone.
areas this may not be a great a great cost The amalgamation lot provision is one of
but in areas closer to the main centers the these ways.
benefit in amalgamating a lot and If it is not beneficial for a landowner to
transferring to the Rural 3 Zone is unlikely amalgamate lots and transfer them to the
to out weigh retaining the lot. Rural 3 Zone they will choose not to.
By providing two lots for every one
amalgamation lot that is received into the
Rural 3 Zone may make the amalgamation
of lots in the Rural 1 and 2 Zones more
attractive to landowners.
This would of course dependent on the
market in terms of the value of these
transferable rights and taking into
consideration they will also be competing
with the transferable rural lot entitlements
and transferable protection lots.
3.6 Option 5: Amend the minimum lot size in the Rural 3 Zone to 2000m2.
Advantages Disadvantages
May provide for additional lots and an The proposed 3000m2 minimum is in line
efficient use of land. with a Rural Residential / Lifestyle typed
environment.
The 3000m2 minimum and 5000m2
average lot sizes in the Rural 3 Zone are
the anticipated lot sizes but will need to be
finalized through the Structure Plan
process.
Author: Jar Wickham Page 4 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
4.0 Discussion
4.1 Additional dwellings within the Rural 3 Zone
4.1.1 It is considered that providing the density of houses in the Rural 3 Zone
does not exceed what it intended then additional dwellings may be
allowed on the same title provided they meet these density
expectations.
4.1.2 While there is a minimum lots size of 3000m2 stipulated in the proposed
plan this is likely to be subject to further work through the Structure Plan
process.
4.2 The use of Transferable Amalgamation Rights in the Rural 3 Zone
4.2.1 The transferable subdivision right system has worked well in the
Operative District Plan. Here transferable protection lots have been
traded around the District resulting in rural subdivisions on properties
that are in different locations to the actual features being protected. The
change proposed targets the area that can be a recipient of these
subdivision rights.
4.2.2 Two additional types of subdivision rights have also been introduced,
the transferable amalgamation lots and the transferable rural lot
entitlements.
4.2.3 It is considered that to balance the subdivision required in the proposed
Rural 3 Zone with the existing development and development potential
within the Rural 1 and 2 Zones that a transferable approach to
subdivision would be suitable.
4.3 Activity Status – Subdivision being a Non Complying Activity until a
Structure Plan is developed.
4.3.1 It is considered to maintain the activity status of any development within
the Rural 3 Zones being a Non Complying Activity will ensure there is a
minimum of land titles and landowners in Rural 3 Zones when the
Structure Plan is carried out. Small ad hoc subdivision prior to these
Structure Plans being finalized has the potential to detract from the
ability to carry out a comprehensive Structure Plan in future.
4.4 Use of Transferable Subdivision Rights into the Rural 3 Zone
4.4.1 It is considered that in terms of the transferable amalgamation lots that
the status quo should remain as there may be instances in the district
where this is a preferable option.
4.4.2 It would be better to begin with one lot creating one lot in the Rural 3
Zone with further a further review carried out if this is not suitable.
Author: Jar Wickham Page 5 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
5.0 Recommendation
5.1 THAT the following amendment is made for additional dwellings in the Rural 3
Zones.
5.2 16.9.2 Controlled Activities
(c) More than one dwelling per lot subject to performance standards 16.10.1(f)
with a minimum lot size of 3000m2 and average of 5000m2.
5.3 16.9.5 Non Complying Activities
(b) Additional Dwellings
5.4 16.10.1(f) Standards for more than one dwelling per lot.
5.5 The relevant subdivision standards shall apply as if the land was being subdivided
with each dwelling being treated as if a new lot is being created, including the
application of financial contributions. Any further subdivision would require the
importation of a transferable subdivision right.
5.6 The following Submissions are therefore:
5.7 Accepted
Submission Point Number Name
642 2 Cobb, Raymond Lawrence
560 9, 11 Eastgate Development Limited
492 83, 84 Federated Farmers of New Zealand
46 3 Reid, Melvyn Allan
13 2 Reyland, Bryce Peter
FS 787 128 Winstone Aggregates Limited
5.8 Rejected
Submission Point Number Name
358 1 Carter, Grant
642 2 Cobb, Raymond Lawrence
FS 917 215 Federated Farmers
631 17 Heybridge Developments Ltd
662 7 Land Marine Surveying
715 11 Latitude Surveying
583 7 Meredith, Allen William
722 15 New Zealand Institute of Surveyors
311 1 Stewart, Daryn Roger
FS 770 58 Van Dyke, George Simon
708 3, 4, 5 Walpole, Bruce
142 3 Zingle, Howard Cedric
Author: Jar Wickham Page 6 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
5.9 Accept in Part
Submission Point Number Name
18 2 Ackland, Deborah Anne
FS 910 59 Ford Land Holdings Pty Ltd
46 2 Reid, Melvyn Allan
FS 911 59 Te Tumu Kaituna 14 trust
FS 912 59 Te Tumu Landowners Group
342 15 Trust Power Limited
6.0 Reasons
6.1 It is considered that additional dwellings can be provided for in the Rural 3 Zones
subject to meeting the required densities providing the payment of financial
contributions. For any further subdivision to occur a transferable subdivision right
will need to be obtained.
Author: Jar Wickham Page 7 of 7 25 September 2009
Policy Analyst Resource Management, Western Bay of Plenty District Council
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