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This part
contains the following sections:-
The Rural Resource Area has been identified as distinct from the built-up Urban Resource Areas of the District on the basis of its existing amenity values, which generally comprise a natural, open environmental character. The majority of activities are located within this area because they rely upon the physical characteristics of the area (eg. forestry), or need to be close to an activity that is reliant upon the resource character of the area (eg. a sawmill), or need a large open area where they can generate adverse effects without significantly affecting more sensitive activities (eg. an airport).
It must be recognised that such activities need the physical and natural resources of the Rural Resource Area to survive. The purpose of the Rural Resource Area is to provide a flexible framework that allows these activities to continue while ensuring that they do not adversely affect the physical and natural resources upon which they rely. This enables these resources to be managed in a sustainable manner.
Resource use activities in the Rural Resource area can, as well as compromising their own sustainability, adversely affect other resource users and intrinsic ecosystem values.
The following are seen as the significant issues relating to the Rural Resource Area;
Rural land uses can have a significant adverse effect on water quality and quantity and soil quality.
Explanation Rural land uses rely heavily on the District's soil and water resources. However inappropriate management practices can undermine the viability of the resource base by: · increasing nutrient and sediment run-off into waterbodies, · by interception of precipitation · the chemical or biological contamination of soil. · Increasing the risk of erosion and instability · Nutrient loss from soil · Soil compaction (Refer also Section 3.6 Water page 123).
· Some activities undertaken in the rural area, can in some instances, create noise, dust, odour, traffic generation and other similar objectionable characteristics, which can adversely affect amenity values in some rural locations.
Explanation The nature of rural activities is such that adverse effects will occur and are generally acceptable in the rural environment. However, these effects are generally not acceptable to residential and commercial type activities in the Rural Resource Area.
Indigenous plant and animal habitats are under continual threat from the effects of development.
Explanation The remnant areas of indigenous vegetation and habitat now assume a greater importance due to its relative scarcity in a large part of the District. Rural land use continues to pose a threat to its continued survival.
· A shift in emphasis in the use of the Rural Resource Area from traditional pastoral based agricultural to activities such as production forestry, dairy farming and deer farming, is changing the nature of the effects agriculture has on the environment.
Explanation Recent years have seen an increase in forestry planting and the establishment of dairy units and deer farm units, and these trends appear set to continue. This has implications for natural resources particularly the effects on water quality.
Inappropriate land management practices can adversely affect the aesthetic environment of the Rural Resource Area.
Explanation The diverse and attractive rural landscape of the Clutha District is seen as a significant natural resource which can be adversely affected by inappropriate land management practices.
Buildings and structures can compromise the natural, open-space character of the rural environment.
Explanation In terms of visual amenity, buildings can have an adverse effect on two levels. Firstly, the building itself can have an adverse visual effect resulting from inappropriate design, location or colour in the rural landscape. Secondly, the cumulative effect of buildings in the rural environment can greatly reduce rural character by cluttering the landscape and detracting from the open-space character of the countryside.
Residential activities can adversely impact on soil and water quality.
Explanation Dwellings located in the Rural Resource Area generally are not connected into reticulation systems, with sewerage generally being disposed of via septic tank systems. Solid wastes are also disposed of on site. Both methods have obvious effects on ground water quality. Dwellings can also impact on the soil resource. The encroachment of residential activities in areas of better class soil has often been an issue of concern in the past while excavation works for building platforms and access roads can also have an adverse impact.
Residential activities in Rural Resource Areas can create pressure on Council to extend services which can lead to the unsustainable management of these resources.
Explanation Where dwellings are located on the urban fringe, there is a tendency for pressure on Council to extend services such as water and foul sewer. Such extensions can be uneconomic and contribute to urban sprawl.
· The effects of development in the rural resource area can adversely impact on the habitat of trout and salmon and valued non- indigenous wildlife such as game birds.
Explanation The habitat of trout, salmon and game birds is considered a valuable resource of the District. Some forms of land development can have detrimental effects on these habitats.
To provide a management framework for the rural environment that promotes the sustainable management of the resources of the District.
To maintain and where necessary, enhance the quality of the District’s water and soil resource to enable it to meet the needs of present and future generations.
To ensure that water quality standards set by regional rules are not compromised by the effects of the use, development or protection of land.
To recognise the values of and where considered necessary provide protection for the District’s outstanding natural features and landscapes, areas of significant indigenous vegetation and fauna, and valued non-indigenous wildlife habitats, within the management framework.
To maintain the amenity values of the rural environment.
To achieve a resource management position in which land users and communities adopt a stewardship approach by taking responsibility for the sustainable management of the resources they use.
To avoid a restrictive development framework within the rural environment except where this will not be effective in achieving the purpose of the Resource Management Act.
Explanation Provided effects are mitigated or controlled, the appropriate mechanism to determine where particular activities should locate is the market. Activities will locate where site criteria are most suitable to that particular activity. Activities of a commercial or industrial nature will be provided for as appropriate to the effects they generate.
To ensure that the adverse effects that activities can have on the soil resource including the adverse effects of · Erosion · Instability · Nutrient loss · Soil contamination · Soil compaction are avoided, remedied or mitigated.
Explanation Some land use practices can have a significant impact on the soil resource. As the soil resource is considered a non-renewable resource and is of great significance to the District, practices that minimise these effects should be encouraged.
To manage the effects of clearing vegetation so that adverse effects on · Stands of significant indigenous vegetation · Significant habitats of indigenous fauna · Outstanding natural features and landscapes · Stability of soil are avoided, remedied or mitigated.
ExplanationVegetation plays a significant role in mitigating the adverse effects of development. It stabilises hillsides, reduces adverse effects on water quality and provides habitat for native fauna. Exotic vegetation is generally planted for commercial reasons, and the harvesting of this resource, as with clearing indigenous vegetation can have significant effects. Significant indigenous vegetation and habitats of indigenous fauna can require protection in their own right. (Refer Rule RRA.8 and RRA.13 and Method RRA.1)
To ensure that the adverse effects land use activities can have on the water quality within the Districts waterbodies are avoided, remedied or mitigated by requiring the use of buffer zones or similar management methods.
Explanation Water resources are critical to the economic and ecological base of the District and must be managed to ensure future generations are not disadvantaged by the actions of today’s users.
Land use adjacent to water bodies can have a significant effect, particularly in terms of nutrient loading and siltation of water ways. Vegetation cover (both exotic and indigenous) minimises the severity of such effects. (Refer Rule RRA 8, Method RRA.1).
To ensure that the use, development and/or protection of land within riparian margins is managed so as to avoid, remedy or mitigate adverse effects on waterbodies including the effects of · reducing bank stability · increasing nutrient and sediment loadings · reduction in habitat quality
Explanation Riparian margins play an extremely important part in the sustainable management of waterways. Riparian vegetation filters sediment and nutrients in surface runoff, reduces stream bank erosion and provides habitat for aquatic species. Activities involving earthworks, removal of vegetation, dumping of fill and waste often need to be controlled. (Refer Rule RRA 8, Method RRA.1
To manage the effects of activities, buildings and structures to ensure that adverse effects on the natural character and values of the Districts coast, wetlands, lakes, rivers and their margins, are avoided, remedied or mitigated.
Explanation Council is required as a matter of national importance to preserve the natural character of the coastal environment, wetlands, lakes and rivers and their margins and protect them from inappropriate use and development. Wetlands are an extremely valuable natural resource not only for conservation and ecological values but also for economic and recreational reasons. Wetlands provide habitat and act as a nursery for .... .... fish and wildlife, and provide for associated recreational activities. Economically they are important for the production of clean, fresh water, and greatly reduce the impacts of flooding.
These resources are also of significant cultural value to Kai Tahu. (Refer Rule RRA 8, RRA.13, and Rule COA.7 page 221 Method RRA.1 and Section 3.5 Heritage page 99).
To manage the effects of activities and buildings to ensure that any adverse effects on the open-space and natural character amenity values of the rural environment are avoided, remedied or mitigated.
Explanation The relatively quiet, open-space amenity values of the rural environment can be significantly affected by some effects of activities.
With the market influencing the location of activities, adverse effects of activities will be addressed in the Plan by the use of performance standards. (Refer to Section 4.1.4 Rules and 4.1.5 Other Methods)
To ensure the adverse effects that buildings, structures and vegetation can have on (i) amenity values of adjoining properties, and (ii) the safety and efficiency of the roading network are avoided, remedied or mitigated.
Explanation Buildings or structures erected directly on the boundary can have a significant effect on adjoining properties and the operation of public roads. Bulk and location requirements will be developed to reduce these impacts. Plantings directly on boundaries can have an adverse effect by shading neighbouring properties which can prolong the icing of pasture and roading.. (Refer Rule RRA 11, 12 and 14, Rule TRAN.7 page 79 and Method RRA.1).
To control the emission of noise in the rural area to ensure adverse effects are avoided, remedied or mitigated.
Explanation The rural area of the District is generally considered to be relatively quiet. However as it is recognised as a working environment, noise associated with rural activities (e.g. farming, forestry, contractors yards etc) that does occur is accepted as part of rural life. Such noises however, should not unduly impact on residential, educational, or health related activities located in the Rural Resource Area. (Refer Rule RRA 10).
To manage the erection of signs to ensure that adverse effects on amenity values and on the safety and efficiency of the roading network are avoided, remedied or mitigated.
Explanation The objective of a sign is to attract attention and this can distract motorists attention from the driving task. Signs can also have a significant visual effect (Refer Rule RRA 5, and Section 3.12 Signs page 179)
To avoid, remedy or mitigate the adverse effects of effluent disposal from residential and other activities.
Explanation Dwellings and other activities can have a significant effect on amenity values through the disposal of effluent.
Performance standards will ensure that adverse effects are minimised. (Refer Rule RRA 11).
To manage the development of public services in the rural environment to ensure any such development promotes sustainable management.
Explanation Developers will be responsible for the adequate provision of services such as water supply, roading and foul sewage disposal for any dwelling erected in the Rural Resource Area. Council, for its part, will not uneconomically extend existing public services. (Refer Rule RRA 11).
Any activity must conform with the provisions of Section 3 of this Plan
The following Sections are of particular relevance:
3.2 Manawhenua ‑ note in particular Rules MAO. 1 to 5 (page 66). 3.3 Transportation ‑ note in particular Rules TRAN 1, 4‑7 and 12 (page 74). 3.5 Heritage ‑ (page 103) note in particular Rules HER. 1 and 3 and Method HER.5. 3.6 Water ‑ note in particular Rules WAT.3, and 4 and 5 (page 133). 3.9 Natural Hazards ‑ note in particular Rules NHZ 1 and 2 Method NHZ.2 (page 168). 3.11 Other Environmental Issues (page 173). Note: Rules relating to previously used buildings, landscaping, odour, glare, dust, existing effects, electrical interference.
Any activity that utilises and/or disturbs the soil resource including structures which comply with Rule RRA.12 (page 208) ancillary to such an activity, and · is not provided for in Rules RRA.3 to 8, 13 and 15 below, or any other rule in Section 3 of the Plan, and · complies with all other rules relevant to the activity contained within this plan is a permitted activity
For the purpose of this rule "ancillary structures" are those structures reasonably necessary for the efficient functioning of the activity and may include haybarns, woolsheds, implement sheds etc but do not include dwellings.
Reason The majority of activities located in the Rural Resource Area have established there because they rely on the soil resource. This rule recognises that need and provided the adverse effects of those activities are minimised through the performance standards contained in this plan, their operation in the Rural Resource Area will continue to be permitted.
Rule RRA.3. Residential Activities
Any residential activity that complies with the relevant rules of this Plan (note in particular Rule RRA. 11, 12 and 15) is a permitted activity on the following basis;
(a) 1.One dwelling per certificate of title created prior to the date this Plan was notified, excluding certificates of title associated with historic settlements (refer 2.3.4 page 27) and those certificates of title associated with historic subdivision excluded from any Urban, Transitional or Rural Settlement Resource Areas,
OR
2. One dwelling not closer than 200 metres to any existing or proposed dwelling or to an Urban, Transitional or Rural Settlement Resource Area,
PROVIDED THAT
An addition dwelling for the purposes of accommodating the staff of any property owner is permitted where that dwelling remains on the same certificate of title and shares the same access road as a dwelling permitted above.
(b) A dwelling may be erected on a site which previously accommodated a dwelling.
(c) Where a dwelling is subdivided fronn, any title referred to in (a) 1. above no further development is permitted on the parent title unless it conforms with the requirements of (a) 2. or (b) above UNLESS consent is granted to an application for a discretionary activity (see Rule RRA.3(iv)).
Multi‑unit Papakaika housing is a controlled activity and will be assessed in accordance with the standards, terms and controls set out in Rule MAO 4 page 67.
(iii) Restricted Discretionary Activities
Except as otherwise provided for in (i) and (ii) above, dwellings to be located between 150 metres and 200 metres of any existing or proposed dwelling or any Urban, Transitional or Rural Settlement Resource Area is a restricted discretionary activity, provided it .... .... complies with the relevant site criteria rules of this Plan. Council shall restrict the exercise of that discretion to the matters of • access; • effect of waste disposal (including cumulative effect); and • impact on the amenity values of the particular location.
Any application for resource consent made under this rule will generally not need notification or the written approval of affected persons unless Council determines that there may be a significant effect on the roading network or water quality or amenity values of the particular location.
Regardless of whether an application under this rule is to be notified, where access is to be a state highway, Transit New Zealand will be asked to comment.
Reason Intensive residential development in the rural area can adversely affect rural amenity values of open space and natural character, and can also impact on water quality and road safety. The criteria selected gives a certain amount of flexibility while ensuring rural character is still maintained. The separation distance used under 1(a)2 allows further development on large titles which would be restricted under 1(a)1.
Minimum site size is controlled by the performance standards relating to effluent disposal. When a suitable site is identified which conforms with the relevant criteria, subdivision would be permitted as no minimum subdivision size is stipulated. Restricted discretionary activity status for a 150 metre separation distance enables Council to consider activities that may have a minor effect due to topography etc without notification.
(a) Any residential activity which does not conform with the relevant performance standards, of (i) to (iii) above is a discretionary activity.
Assessment Criteria ‑ Not part of this rule
In assessing any application under this rule Council in addition to those matters set out in Section 104 of the Act will also consider the following • density of dwellings in the locality • the effect on soil and water quality • the effect on indigenous flora and fauna • the effect on the roading network • the visual impact of the development • the effect on public services
(b) Any residential activity which is to locate within 1 kilometre of any activity that:‑ · generates excessive or nuisance noise types · is defined as an intensive farming activity · requires a licence in terms of Section 15 of the Dangerous Goods Act 1974 · requires a licence as an offensive trade within the meaning of the Third Schedule of the Health Act 1956, or · uses, produces or stores commercial quantities of hazardous substances
is a discretionary activity.
PROVIDED THAT this does not apply to any dwelling ancillary to an activity generating these effects.
Note :The following material does not form part of the rule. In consenting to any application made under this rule, Council may impose conditions that require the applicant to mitigate any adverse effects that any neighbouring activity may have on the activity subject to the application and may utilise section 108(1)(c) of the Act (which relates to the use of covenants in respect of performance of conditions of resource consents).
Reason Intensive residential development can have a significant effect on the resources of the Rural Resource Area, particularly water. Discretionary status allows consideration of all the issues.
Rule RRA.4 Commercial and Industrial Activities
(a) Roadside stalls of 2m2 or less in dimension are permitted activities provided · they are not located on road reserve · clear visibility along the road is provided which complies with the standards set out in Table 11 at page 77 of the plan
(b) Except as otherwise provided for in (iii) Discretionary Activities below, activities which have the effect of attracting raw material or livestock to the site for further processing are permitted activities, provided:
· the activity complies with the rules of this Plan relevant to the activity · adverse effects on indigenous vegetation and habitat are avoided · adverse visual impacts are mitigated.
Reason Provided activities comply with the relevant rules of the Plan Council considers that these activities will have minimal effect. Resource users, however, must ensure that the rules relating to access, parking, signage, noise, effluent disposal, financial contributions etc are complied with before the activity is permitted.
Council does not envisage a large number of activities of this nature locating within the rural Resource Area and therefore the separation distance used to regulate the effects of dwellings was not considered necessary. Furthermore, the majority of these types of activities will take place in association with residential activities.
(ii) Restricted Discretionary Activity
Except as otherwise provided in (i)(a) above, any activity which has the effect of attracting the general public to the site to utilise facilities or services provided, (including roadside stalls) are restricted discretionary activities provided it complies with relevant site criteria rules of this plan and the selling of goods is not the principal activity on the site.
Council shall restrict the exercise of its discretion to the following matters • the effect on the safe and efficient operation of the adjoining road • effects on indigenous vegetation and habitats of wildlife • effects on amenity values, including visual amenities • access and parking • signage
(iii) Discretionary Activities
(a) Any activity whose effect is the attraction of people to the site for the purpose of purchasing goods, where that is the principal use of the site, is a discretionary activity.
Assessment Criteria ‑ Not part of the rule In assessing any application under this rule, Council, in addition to those matters set out in Section 104 of the Act will also consider the following;
· the effect on the community or any group within the community · the effect on the transportation system, and in particular the activities effect on energy efficiency · the ability of a site to dispose of waste servicing of the site and its effect on public services, and any extension of them.
Reason Activities of this nature ran have a significant adverse effect on the rural amenity by attracting high vehicle numbers. This also impacts on the efficient use of energy. Discretionary activity status will enable full consideration of effects.
(b) Any activity that: • generates excessive or nuisance noise types, or • is defined as an intensive fanning activity, or • requires a licence in terms of Section 15 of the Dangerous Goods Act 1974, or • requires a licence as an offensive trade within the meaning of the Third Schedule of the Health Act 1956, or • uses, produces or stores commercial quantities of hazardous substances,
is a discretionary activity.
Assessment Criteria ‑ Not part of this Rule In assessing any application under this rule Council in addition to those matters set out in Section 104 of the Act will also consider the following matters; · the ability of the site to dispose of waste safely and adequately; · the effects on any waterbody, heritage site, or area of indigenous vegetation or habitat; · the effect on more sensitive activities in the receiving environment. Reason These types of activities have a significant effect on the environment and status as discretionary activities will ensure full consideration of effects. However, once consent is received for such an activity, Council considers that the operation of that consent should not be jeopardised by a more sensitive activity locating with range of any effects generated.
(i) Permitted Activities (a) Signs that are; · situated on the property to which they relate · do not exceed a total of 3 m2 in area · are erected at right angles to the roadway frontage but angled off the direction of the traffic by approximately 5 degrees to reduce headlight glare reflecting into the motorists vision, and · are not constructed using retroreflective material, flashing or animated signs, including those employing revolving lights, and/or · are only illuminated when the premises are open for business, and/or · comply with Section 3.12 Signs page 179. are permitted activities.
(b) "Heritage Trail' fingerboard signs that comply with Heritage Foundation Standards for such signs as set out in the document "Heritage Trail Signs Manual" (as held in Council's office) are a pennitted activity provided that they are attached to existing fingerboard sign posts. It should be noted that the written approval must be received from the owner of the existing sign before any such sign is erected. In the case of State highways, Transit New Zealands written approval must be sought.
Reason Signs can be a necessary activity in the Rural Resource Area. The adverse effects of signs can be avoided or mitigated by appropriate performance standards. Except as provided for in (ii) below Council does not believe there is any valid reason that signs should be located off‑site in the Rural Area. These rules should reduce the effect signs have on the safety and efficiency of the roading network.
(ii) Restricted Discretionary Activities Signs that do not comply with (i) permitted activities above and advance warning and directional signs are restricted discretionary activities.
Council shall restrict the exercise of its discretion to the following matters; · the size of the sign · the design, colour, and figures used in the sign · the specific location of the sign having regard to · road alignment · the classification and use of the road · proximity of intersections and access points · the existence and location of any existing signs and how the · safe and efficient operation of the road, and · the amenity values of the location will be affected.
Any application under this rule will generally not be notified or require the written approval of affected persons except where the sign affects a State highway in which case the written approval of Transit NZ will be required.
This rules does not apply to warning signs of a temporary nature (eg stock warning signs, tree felling signs, road works signs, flood hazard signs etc) or any other sign provided for by Rule SIGN.2(iv) page 181 or Rule SIGN.2(vii) at page 181.
Reason Off‑site signs can compromise traffic safety and amenity values. However, advance warning, and directional signs (which have the sole purpose of alterting the road user of a place ahead or a turn off for a facility) car. play an important role in the social, economic and cultural wellbeing of the District's people and communities. Restricted discretionary lI status allows a more focused consideration of effects and is more efcient to administer.
Rule RRA.6 Heavy Traffic Generation (i) Permitted Activities Any activity that generates the effects of a Heavy Commercial vehicle (HCV) concentration. that exceeds 80 HCV movements in any one month period, or 210 HCV movements in any one year onto a public road that; (a) is a State Highway or a nominated Heavy Traffic Route as established by the Roading Hierarchy at Method TRAN.1 (page 81) or (b) is not a State Highway or a nominated heavy traffic route but 18 months notice is given to Council that such an effect will be on a public road is a permitted activity.
For the purposes of this rule, notice under (b) above shall be in writing and shall state the following: · name and address of resource user · public road to be utilised · type of vehicle to be used · likely volume and weight of product · frequency of vehicle movements · likely date of commencement · neighbouring territorial authorities roads that may be affected
The name and address of the cartage contractor will also be required at the time the effect is to be generated.
See Schedule 6.4 (page 299) for a standard Heavy Vehicle Impact Notice.
Note: Council will in turn. notify adjacent territorial authorities that may be affected.
For the purposes of this rule, heavy commercial vehicle means either a diesel powered truck and trailer or articulated vehicles with or without trailers with five or more axles in total or a vehicle of manufacturers gross weight exceeding 3.5 tonnes.
(ii) Restricted Discretionary Activities
Where less than 18 months of notice is given under (i) (b) above the activity shall be considered as a restricted discretionary activity. Council shall restrict the exercise of its discretion to the effect such activities have on the roading network.
Reason A high concentration of heavy vehicles using any particular road can have a significant impact on the roading resource. Damage to carriageways can be costly to repair, and may be a traffic hazard to other users. Development of a heavy traffic network and the use of a notification period is seen as the most practicable option to mitigate these effects.
It should be made clear however that Council is under no obligation to upgrade roads when the 18 month notice is given. Financial circumstance may mean this is not possible. However it enables Council to assess the road and the likely damage caused by the activity. The road user will be advised if damage is likely and what other alternatives are available to the road user.
If the road is damaged or is likely to be damaged in these circumstances Council has the option of downgrading or temporarily closing the road being used or the road to be used as the case may be and if appropriate, charge the person or body responsible for any such damage that may have occurred.
Rule RRA.7 Soil Displacement Activities
(i) Scheduled Quarries - Permitted Activities
The quarrying, mining and processing of material from those previously used quarries listed in Schedule 6.10 is a permitted activity subject to the following standards:
· No quarrying or mining activities shall be carried out within 10 metres of any waterbody. · No material should be stocked piled within 10 metres of any waterbody or placed in a position or manner where it may enter the waterbody (including natural stormwater channels). · That if during the quarrying activity previously unidentified archaeological material or sites of possible interest to manawhenua are identified or disturbed then the following shall occur
· Where soil is to be removed to enable extraction of the material, all top soil or sub-soil suitable for land reinstatement shall be separately removed and stock piled so that it is not lost to wind-blow or run-off. If possible such soil shall be used to reinstate the quarry floor. · The quarry operator shall take all practical measures to mitigate any adverse visual effects of the quarrying activity including appropriate landscaping and planting around the perimeter of the site. · Those quarries identified in the schedule as having road restrictions shall be limited by the conditions attached to the schedule. · Those quarries identified in the schedule, as having access limitations shall not be worked until access points are upgraded to a standard satisfactory to Council. · The working of the quarry shall recognise and provide for the ongoing safe and efficient operation of any network utilities and stormwater channels that traverse or adjoin the quarry site. · Those quarries identified in the schedule as being subject to a Management Plan shall be worked in accordance with the provisions of the Plan relevant to that individual quarry. · Those quarries identified in the schedule as being subject to resource consent conditions shall continue to be subject to such conditions where stated. · Prior to any work commencing, the operator shall provide Council with a Management Plan that outlines how the above standards are to be addressed during the operation of the quarry and how the quarry is to be efficiently worked and managed over time.
ReasonThe majority of quarries identified in this Schedule are not used on a regular basis but contain a reasonably significant volume of resource. However, the existing use right provisions of the Resource Management Act do not adequately provide for the ongoing use of these quarries with the consequence that resource consents are often needed to continue access to the resource. Given that the effects of these quarries are already in existence, this has become an inefficient process. To overcome these inefficiencies, these quarries have been identified as suitable for use without resource consent. To be placed in this category the quarries met the following criteria: · The site is serviced by a road that is of adequate construction and design capable of accommodating vehicles likely to visit the site. Where this is borderline restrictions have been placed on the amount of material that can be extracted. · Access to the road complies with the appropriate Plan rules in relation to design and site distances. Where access needs to be improved no work can be carried until it is upgraded to the appropriate Council standard. · No waterbodies, areas of significant indigenous vegetation or habitat are likely to be affected by the working of the quarry. · There are no known sites of heritage or cultural importance likely to be affected by the quarry. · Dust, glare or noise will not cause a nuisance to any neighbouring property owner.
(ii) Mining Activities – Permitted Activities Except as provided for by (i) above prospecting, exploration and mining activities are permitted activities provided that:
· The volume of material extracted shall not exceed 1,000mł per 10 hectares from one contiguous land holding (farmed or utilised as one unit) provided that no more than a maximum of 5,000mł shall be exceeded. (Note: The volume calculation is a maximum figure, not a per annum figure. Any overburden or topsoil extracted shall be considered part of the volume calculation if it is not to be reinstated · The material extracted shall only be used on the land holding from which it is extracted, provided that this does not apply to prospecting. · Areas disturbed by prospecting or exploration activities shall be progressively restored and rehabilitated to a standard not less than that which previously existed. · The conditions set out in (i) above (excluding the first bullet point) are complied with. · There is no significant risk of erosion or slope instability on the site to be disturbed. · No mining activity shall take place within 500 metres of mean high water springs. · No mining activity shall take place within 50 metres of any waterbody. For the purposes of this particular rule “waterbody” is defined as a natural water course being 3 metres or greater in width, any wetland or lake identified in Table 13.5, page 177 of this plan or any wetland identified in Table 5 of the Otago Regional Council’s Regional Plan: Water, any waterbody identified in Schedule 6.6 of this Plan, or any other wetland or lake of 2 hectares or greater in area, and all coastal water.
Note: The Regional Council Air Plan also contains controls on mining activities. In general these activities must not result in a discharge of smoke, odour, particulate matter or dust that is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property. Direct reference should be made to the Regional Plan: Air.
Any drilling must comply with rules in the Regional Plan: Water for Otago, for example that which occurs on land over an aquifer identified in Maps C13 – C17 in that Plan requires a resource consent under Rule 14.2.2.1 of that Plan.
Reason
The adverse environmental effects of small-scale mining and soil displacement activities are generally minor and can be controlled through appropriate standards.
(iii) Mining Activities – Discretionary Activities
Prospecting, exploration and mining activities that do not comply with the standards set out in (i) and (ii) above, and the construction of tunnels shall be discretionary activities
Information RequirementsAn application under this rule, in addition to the information required under Section 3.1.3 (page 58), shall include a Management or Operation Plan in such detail as corresponds with the scale and significance of the actual or potential effects. Assessment Criteria – not part of the ruleIn assessing any application under this rule, Council in addition to those matters set out in Section 104 of the Act will also consider the following:
a. Compliance with the rules contained within the District Plan, (in particular, rules in relation to heritage sites, including waahi tapu.) b. Operations for removal, storage and future use of topsoil and subsoils. c. Proposals for stockpiling material and its effect on the environment. d. Water requirements, disposal of water and control of runoff. e. Leachate control and treatment and the effect on any groundwater aquifer. f. Engineering structures. g. Hours of operation. h. Transportation and access requirements. i. The effects of noise, vibration, dust and odour. j. Effect on essential services such as roading and utility reticulation. k. Possible future use of the property. l. Progressive restoration and rehabilitation of the site including landscaping. m. Fire safety requirements. n. Likely effect on residents in the locality. o. The provisions of the Operation Programme or Management Plan developed. ReasonThe environmental effects of large-scale mining operations can be significant. Discretionary status enables a full assessment of such activities to ensure environmental quality is maintained.
(iv) Access Tracks - Permitted Activities
The construction and maintenance of access roads (including bridges and culverts associated therewith) for the purposes of internal access are permitted activities provided that:
(a) No site of heritage value listed in Table 13.1 to Table 13.8 (page 108), or archaeological site is adversely affected. (b) The location is not or is not likely to be subject to material damage by erosion, subsidence, slippage or inundation and the proposed development is not likely to not initiate or accelerate any of these processes. (c) That where such a road or track is to be visible from a public road, or public place that permanent visual effects are mitigated against by vegetating fill batters. (d) Intersections with public roads are to be constructed in accordance with the standards set out in Rule TRAN.4. (e) The following design and construction standards are complied with: · All formation surfaces with an inwards crossfall shall be drained by a watertable; and · Cutoffs or culverts shall be constructed or installed so as to prevent scour, gullying, or other erosion of the formed or constructed surface and to comply with Section VI of the Freshwater Fisheries Regulations 1983 (which requires adequate provision for fish passage); and · All areas of fill including any formation surface overlying fill shall be compacted; and · Fill batters shall be constructed and vegetated, to a standard that is adequate to avoid batter erosion or failure.
Any activity that does not meet the standards above shall be a restricted discretionary activity with Councils discretion restricted to the matters of non-compliance. Any application under this rule will generally not be publicly notified or served on any affected parties.
Note: Where access tracks cross waterbodies, compliance with the statutory plans of the Otago Regional Council and with Rule RRA.8 of this Plan will also be required
Note: The Regional Council Air Plan also provides that road construction and maintenance must not result in a discharge of smoke, odour, particulate matter or dust that is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
ReasonThe sustainable management of resources clearly anticipates adequate access to them. The environmental effects of access tracks are generally short term and can be adequately mitigated with appropriate conditions.
Rule RRA.8 Riparian Margins
(a) Permitted activities
The following earthworks or vegetation removal activities are permitted within 10 metres of any natural watercourse:
(i) Earthworks permitted in accordance with the activities permitted under Rule WAT.3, page 130 (structures and buildings). (ii) Earthworks necessary in the construction and maintenance of defences against water authorised by the Regional Council. (iii) Earthworks and the stockpiling of material associated with gravel extraction activities authorised by the Regional Council. (iv) Earthworks required in the maintenance and construction of access tracks, roading, walkways and reserves. (v) Removal of undesirable weeds or plants. (vi) Vegetation removal required to give effect to consents under this plan or any other plan developed under the Act, (vii) Removal of vegetation planted for commercial purposes prior to the date of notification of this plan (viii) Harvesting of agricultural and horticultural crops (ix) The grazing of stock (excluding mob stocking practices)
Provided that any adverse effects on the water body and its margin are avoided, remedied or mitigated by ensuring that:
(a) No disturbed vegetation, soil or debris is placed in the water body or is placed in such a position where it may enter or move into the water body (b) Riparian margins are restored and rehabilitated to a standard necessary to ensure that the margins remain in a stable condition.
Note: For guidance on what may be considered an “undesirable weed or plant” in terms of (v) above, please refer to the Otago Regional Council’s Regional Pest Management Strategy
(b) Restricted Discretionary Activities.
Any activity that is not provided for in (a) above or does not comply with this rule shall be considered a restricted discretionary activity.
Council shall restrict the exercise of its discretion to the effects the activity may have on:
· The quality of water within the watercourse. · The intrinsic values of riparian and aquatic ecosystems. · The habitat of native fish species, trout and salmon. · Indigenous vegetation and habitat of both indigenous and valued non-indigenous wildlife. · Landscape values, natural character and amenity values · Recreational values afforded by the water body · Public access · Maori cultural values · Historic Heritage values · Bank stability. · The impact on the movement of water within the water body (especially in terms of flood-carrying capacity). Any application under this rule will generally not be publicly notified or served on any affected parties. Where any person or public body is considered to be affected for cultural, recreational or ecological reasons, the notice of the application will be served on them unless all those persons who may be adversely affected have given their written approval to the application. For the purposes of this rule natural water course is defined as being of 3 metres or greater in width, any wetland or lake identified in Table 13.5, page 100 of this plan or any wetland identified in Table 5 of the Otago Regional Council’s Regional Plan: Water, any waterbody identified in Schedule 6.6 of this Plan, or any other wetland or lake of 2 hectares or greater in area, and all coastal water.
Note: - See also Rule WAT.3 (page 130), Rule WAT.4 Special Water Supply Catchments (page 132) and Method RRA.1 Appropriate Land Management Practices (page 211).
Reason Controls in respect of vegetation removal and earthworks in riparian margins have been imposed to protect water quality. Riparian vegetation acts as a buffer zone filtering nutrient and soil runoff, stabilises banks and provides habitat. The rule does recognise and provide for a number of essential activities that must occur within riparian margins (including the removal of existing plantations of commercial crops) provided that adverse effects on water bodies are minimised.
Rule RRA. 9 Land Use Effects on Soil
(a) Where an area of ground exceeding 30°slope has been made bare by the removal of vegetation that area of bare ground shall be revegetated or otherwise protected from soil erosion as soon as practicable and in no case later than twelve months after the disturbance.
Reason The removal of vegetation cover, particularly on steeper slopes, can have significant effects in terms of topsoil loss, stability and effect on water quality. This rule will ensure bare ground is not left for any significant period but allows flexibility as to how the problem is to be dealt with.
(b) Where any soil disturbance or earthworks is required for or in connection with the formation, construction, reconstruction, or maintenance of any road, track, landing, firebreak, fenceline, survey line, or utility service line:
· all formation surfaces with an inwards crossfall shall be drained by a watertable; and · cut-offs or culverts shall be constructed or installed so as to prevent scour, gullying, or other erosion of the formed or constructed surface; and · fill shall not be placed over woody vegetation; except where the woody vegetation has been specifically placed for corduroying purposes; and · all areas of fill including any formation surface overlying fill shall be compacted; and · fill batters shall be constructed and vegetated, to a standard that is adequate to avoid batter erosion or failure; and · spoil shall be disposed of by end-hauling where the formation by sidecasting of any road or track crosses any unstable site or crush zone.
Reason This rule controls the adverse effects that track cutting activities can have on water quality, soil stability, vegetation, and visual amenity.
(i) The provision of Section 3.13 (page 185) shall apply unless otherwise stated by these rules.
(ii) Corrected noise levels (L10) at the boundary of a site shall not exceed 65dBA provided that corrected noise levels (L10) shall not exceed the following limits at the boundary of any Urban Transitional or Rural Settlement Resource Area or at the notional boundary of any residential, hospitality, tourist, educational or health activity site located in the Rural Resource Area provided this rule does not apply to temporary short duration emissions of noise that are a one off occurrence:
Weekdays and Weekends 7am to 10pm L10 - 55dBA 10 pm to 7 am L10 - 45dBA
“Notional boundary” in respect of a residential activity means a line 20 metres from the facade of the building or the legal boundary of the site on which the building is located where the boundary is closer to the building than 20 metres.
“Notional boundary” in respect of hospitality, tourist, educational or health activities, means the legal boundary of the site.
(iii) Where an activity is established and a new activity locates where it will be affected by the 65dBA noise maximum level (referred to in (ii) above), it shall be the responsibility of the developer of the newly located activity to ensure that buildings associated with that use are designed in such a manner that the day time and night time noise levels are met within that new activity.
(iv) Any activity that fails to comply with these standards is a restricted discretionary activity. Council shall restrict the exercise of its discretion to this matter. In considering any application under this rule, regard will be had to Method NSE.2 on page 187.
Reason These noise levels have been established by Council's 1993 Noise Study of the District. Standard (iii) has been added to ensure that noise sensitive activities cannot locate within close proximity to an established activity and claim to be affected by the noise it generates.
All sites within the Rural Resource Area that are to accommodate buildings designed to provide for the living or working space of people shall comply with the following criteria;
(i) the site shall be capable of the effective disposal of effluent safely within the site
PROVIDED THAT
for sites less than 4,000m˛ or where the activity on the site will generate quantities of effluent in excess of three household units or the equivalent thereof regardless of area Council shall require a certificate from Council’s Environmental Health Officer or from a person professionally qualified in effluent disposal that effluent can be safely disposed of within the site.
Note: Resource users must also comply with any standards set by the Otago Regional Council. Consent may be needed from the Regional Council for any proposed discharges.
Reason Effluent can have significant environmental effects in terms of odour, contamination of water supplies or pollution of water courses, and can be a health hazard
(ii) An adequate supply of potable water is provided for the needs of the occupier. Where a Rural Water Supply Scheme is servicing the property, Rule WAT.5 Rural Water Supply Schemes at page 133 of this Plan shall apply.
(iii) No uneconomic extension or development of public services will occur.
Reason Where Council services are available (for example, a Rural Water Supply Scheme) use or extension of them should not be at a cost to the general ratepayer.
Rule RRA.12 The Effects of Buildings and Structures and Storage of Materials
(i) Where the site of a building or structure (other than a roadside stall) adjoins the site of a residential, hospitality, commercial, tourist, educational or health related activity, the bulk and location requirements of Rule URB.4.1, Rule URB.4.2, and Rule URB.4.3 shall apply provided that Rule URB.4.3 shall not apply to non‑residential buildings. For the purpose of this rule chimneys and stacks with a diameter of 2.5 metres or less are exempt from this height restriction.
(ii) Storage Any area used for or proposed to be used for storage purposes (including the stockpiling of material) that is not enclosed or partly enclosed by a covered building shall be screened from the view of any public road, reserve, other public land, or any other adjacent site boundary or resource area boundary.
Such screening shall be erected or planted to a suitable height and density so as to mitigate adverse visual effects and dust effects that have the potential to occur and shall not impede visibility on adjacent roads provided that
(a) No waste material, including animal waste shall be stored, stockpiled, or disposed of in a manner that attracts or increases habitats for flies, rodents, vermin or insects and birds.
(b) Where such an area adjoins the site of a residential, hospitality, commercial, tourist, educational or health related facility, the bulk and location requirements of Rule URB.4.1 and Rule URB.4.2 shall apply unless such a storage area is ancillary to such a site or facility.
(iii) Where the site of a building, structure (excluding a roadside stall), or a stockpile of materials does not adjoin the site of any other building or structure, the minimum standards shall be as follows;
(a) Height ‑ maximum of 12 metres. For the purpose of this rule chimneys and stacks with a diameter of 2.5 metres or less are exempt from this height restriction. (b) Front yard ‑ 4.5 metres provided that where loading, unloading or servicing of a building occurs in the front yard, it shall be of sufficient size to ensure there are no adverse effects on the safety and efficiency of the adjoining road, and does not require reversing manoeuvres onto, or off, the property.
Note: This does not apply to unformed roads.
Reason The bulk and location requirements set out in Rule URB.5 have been developed to reduce the adverse effects of activities on the privacy and amenity values of neighbouring properties.
Where a structure, building or stockpile of materials is erected or stored on a site that adjoins a site free of any buildings used by people, it is not considered necessary to impose side and rear yards. If a development occurs on the adjoining property at a later date then it will be for the developer of the activity to provide the appropriate separation standards. Front yards are seen as necessary to avoid adverse effects on the safe and efficient operation of public roads.
Chimneys are exempt from height restrictions because they have minimal effect in terms of shading and privacy etc. The operational requirements of many industries are such that chimneys are required to ensure that discharges to air are appropriately dispersed
(iv) Where buildings, structures or stockpiles of materials front State Highways or under width roads, the following standards apply:
(a) Where buildings, structures or stockpiles of materials, front a State Highway a minimum front yard of 6 metres shall be provided.
(b) Where buildings or structures front an under width road, a minimum front yard of 14.5 metres measured from the original centreline of the road shall be provided. Any reduction in this requirement shall be considered as a discretionary activity. In assessing any application under this Rule Council shall consider the likelihood of road widening in the foreseeable future and the effect on the safe and efficient operation of the road of fly such reduction.
Reason State Highways generally have a greater flow of traffic and in Rural Resource Areas, the speed limit will be high. A six metre set back will ensure better visibility along the road edge.
The restriction on under width roads recognises that road widening may be required in the future. The 14.5 metre distance from the road centre allows for a 20 metre legal road reserve and 4.5 metre front yard.
(v) No structure, buildings or stockpile of materials shall be sited in that triangle of land formed by the straight line between two points measured 18 metres in either direction from the intersection point of the legal road boundaries.
Reason Development or structures on intersections impairs vision of on‑coming traffic and can greatly affect traffic safety.
(vi) The addition to or construction of buildings and structures within 20 metres each side of the centre line of high voltage transmission lines designed to operate at or over 110 kv is a discretionary activity
PROVIDED THAT
This rule does not apply to fences or buildings not occupied by human or animals for whatever purpose.
Reason This rule will ensure that the public is reasonably protected from live transmission lines in the event of an emergency which results in a line failure. It will also enable ease of operational access by the network utility operator for maintenance and upgrading purposes.
Fences and buildings that are not occupied or used by humans or animals are not subject to this restriction
(vii) The use, modification and erection of buildings and structures must comply with the following rules; ,
Rule HER. 1 page 103, Method HER.3 page 105, Rule WAT.3 page 130, Rule AME.2 page 174, Rule AME.5 page 175, Rule AME.6 page 175, Rule AME.7 page 176, Rule RRA.13 and Rule RRA.15 to 17.
Reason Buildings and structures can have an adverse impact on the values of heritage sites.
(viii) Activities that do not comply with the standards set out in Rule RRA.12 (i) to (vi) above shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the standard breached and the effects this may have on the environment.
Any activity that: (i) involves the clearance of 5 hectares of indigenous forest or greater within one certificate of title which has an actual emerging predominance of naturally occurring indigenous tree species of any height or
(ii) involves the clearance or removal of indigenous vegetation from any site listed in Table 13.8 or sites which have rare or endangered native plants or wildlife or,
(iii) has a significant adverse effect including the clearance or removal of indigenous vegetation on the quality of water, habitat or vegetation of any wetlands identified in Table 13.5 or other wetlands 2 hectares or greater in area
(iv) involves the clearance or removal of indigenous vegetation from recommended areas for protection identified by the Protected Natural Areas programme administered by the Department of Conservation
(v) the removal or clearance of indigenous vegetation from those areas contained in Schedule 6.1 and identified on the planning maps in green.
is a discretionary activity
Reason Until the assessment provided for in Policy HER. 3 and Method HER.4 is carried out, interim protection of sites and habitats of indigenous flora and fauna is needed. Discretionary activity status enables Council to assess sites on a case by case basis until the assessment is carried out and implemented via the plan change procedure. This rule has been adopted from the provision contained within the Clutha Section of the transitional District Plan.
Rule RRA.14 Tree Planting on Boundaries
No trees shall be planted in the following circumstances:
(a) within 10 metres of an adjoining property boundary in rows of more than two deep (excluding road boundaries), or (b) within 5 metres of any main pipeline of any Rural Water Supply Scheme, or (c) within 50 metres of an Urban, Rural Settlement Transitional Resource Area boundary in rows of more than two deep, or (d) within 50 metres of any existing dwelling (excluding those located on the subject property), in rows of more than two deep.
Any proposal to plant trees that does not comply with this rule shall be considered a restricted discretionary activity.
Council shall restrict the exercise of its discretion to the following matters:
· The effects of shading. · The effects of root encroachment. · The effects of harvesting.
Any application under this rule shall generally not be notified where the written approval of affected persons is received.
Note: Rule TRAN.7 (page 79) applies to roads.
Reason Plantings directly on boundaries can lead to shading of adjoining properties and can cause soil nutrient depletion and soil disturbance due to root encroachment. However, shelterbelt plantings and amenity plantings can also have positive effects. Any adverse effects relating to these types of plantings are best left to the individuals .... .... involved to resolve. With respect to plantations, however, because significant economic investment is involved, and effects are generally on a much larger scale, a set back is considered appropriate, particularly in respect of urban areas where harvesting could generate significant adverse effects in terms of noise and traffic generation, also increase the fire risk. Plantings over pipelines causes damage to the pipes and hinders access for maintenance purposes.
Rule RRA.15 Standards for Activities in Outstanding Landscapes ‑ Table 13.3A
For those landscapes listed in Table 13.3A the following standards are conditions of permitted activities:‑
(i) Buildings and Structures (excluding fences) · shall not be located on skylines, ridgetops or promontories when viewed from a public place · shall be finished in tones or colours which do not contrast with the surrounding landscape. Note: boxed material does not form part of the rule but should also be considered
(ii) Power lines and Telecommunication Lines · are to be laid underground (iii) Excavation, Tracks, Permanent Disturbances etc (note see also Rule RRA.7)
· excavation and other permanent disturbances shall be designed and located so as to retain as far as practicable the appearance of an undisturbed natural form as a permanent effect · where cuts have to be created, they shall be graded or battered back into surrounding landform · cut and fill batters shall be revegetated and screened by appropriate plantings as soon as practicable
Note: boxed material does not form part of the rule but should also be considered
(iv) Woodlots, Shelter Belts and Plantations New plantings shall:‑ • link to existing plantings including native and riparian vegetation • avoid planting that will obscure or screen important views
Note: boxed material does not form part of the rule but should also be considered
Rule RRA.16 Outstanding Natural Features. Table 13.3.B (page 114)
Any work or activity that would or is likely to have an adverse effect on , or destroy, remove or damage any of the sites or features listed in Table 13.3.B is a discretionary activity.
Reason These sites are either internationally or nationally important for their scientific and/or educational values, or are an outstanding natural feature of the district. It is therefore necessary to fully evaluate any activity that may effect the values of these sites.
Method RRA. 1 Appropriate Land Management Practices
In carrying out any activity Council, over and above the rules of this plan, encourages resource users to adopt the "best practicable method" to avoid or mitigate adverse effects on:
· water quality · riparian vegetation and associated habitat · stability of the banks of any water body
and to avoid or mitigate the adverse effects of: · erosion and instability · nutrient loss · soil compaction · the spread of non‑desirable weeds and plants, including wilding pines
In avoiding or mitigating adverse effects, Council encourages resource users to recognise the following practises which minimise the adverse effects of land use activities on water bodies;
· activities that intensively use land within the 10 to 20 metre buffer zone from the bank of any waterbody which may give rise to degradation in both the water quality of the waterbody and the stability of the bank structure, should be avoided. · the spreading of fertilisers should be accurate, and avoid riparian areas, and should be carried out at the correct time and at a rate matching crop nutrient uptake. · No disturbed vegetation, soil or debris should be placed in such a position where it may enter or move into any water body or coastal water. · agricultural and other chemicals should be used carefully and in accordance with approved guidelines and Codes of Practices, for example; NZS 8409 1995 Agrichemical Users Code of Practice · maintenance of thick riparian vegetation filters sediment and nutrients in surface runoff. Indigenous vegetation is important for the role it plays in the ecosystems of waterbodies, and the habitat it provides for other native species. Riparian vegetation also stabilises banks. · riparian wetlands should be retained for denitrification, filtration and habitat purposes. Such wetlands also mitigate the effects of floods. · minimise trampling damage and overgrazing · avoid stream bank erosion and direct faecal inputs by exclusion of stock from waterways and riparian margins. · adjust land use type to land capability. Council would also advise resource users that a number of the activities above may be subject to Regional Council controls. The following activities are also controlled by the Regional Council ‑ · activities, including the operation of machinery, taking place in any water course; · activities, such as silage pits and offal pits, involving discharges to land or water. · the disturbance of, or the deposit of, any substance on the beds of rivers and lakes. Note: Refer to Schedule 6.8 (page 307) for the full list of Regional Council functions.
Reason In identifying and encouraging good land management practices, Council wishes to avoid excessive regulation that may not be easily monitored and enforced, and may not allow flexibility in land management practices in different environments and situations. Council also recognises the land use effects on water may also be subject to Regional Council controls which take precedence on water quality matters. The District Plan may be reviewed as riparian land use issues are better defined through the regional planning process.
Financial measures such as subsidising the fencing off of riparian margins, or the outright purchase of such margins were not considered feasible.
Council encourages resource users to recognise the benefits of the District's rural and open character amenity values, and to consider the following guidelines when carrying out activities in the District's rural areas;
(i) Buildings and Structures
· The siting of buildings near a change in landform and/or with a backdrop of trees blends the building into the landscape. · Buildings sited on ridgelines or skylines tend to dominate the landscape thereby spoiling the overall rural quality of the District. This is obviously more significant when the site is visible from a major road or an area of high public usage. · Finishing buildings in tones and colours which do not contrast with the surrounding landscape and which do not reflect light at a greater intensity than the natural background, creates good continuity in the landscape. This is easily .... .... achieved with colours that are darker then background colours. Bright, stark colours tend to dominate when used on large facades sited on slopes or ridgelines and are best used for highlighting purposes (for example, around windowsill and doors).
(ii) Excavations and Permanent Disturbances
Excavation and other permanent disturbances (e.g. a road line) should be designed and located so as to retain, as far as practicable, the appearance of an undisturbed natural form as a permanent effect. This can be achieved by
· following contour lines where possible, as this will alleviate the effect of "striping" which can occur where roads etc run in a straight line up a hillside. · where cuts have to be created, grade the cut back into the surrounding landform · utilise screening plantings of appropriate shrubs and trees at time of construction · revegetate cuts and fills.
(iii) Woodlots, Shelterbelts and Plantations
Some general guidelines for siting and design of plantings
· relate the planting to the landscape pattern · try to follow natural boundaries with planting avoid artificial boundaries · plant trees around the contour line rather than in straight rows running vertically up and down the slope · link new plantings to existing plantings, including native and riparian vegetation.
The following documents, which are available from Council's office, are useful guides for planting design and location. · "Woodlots in the Landscape" D. Lucas, Landscape Publication Limited, 1987 · "Farm Forestry: A Landscape Guideline", Trees and Timber: Forest Management Practices No. 2 New Zealand Forest Service, 1984 · "On the Edge", Management Options for Plantation Edges., Ministry of Forestry, 1991. · "South Island High Country Forestry Design", Ministry of Forestry, 1994.
Reason The amenity value of the open, rural nature of the Clutha District landscape has been identified as a significant resource and with the increasing numbers of tourists visiting New Zealand seeking this type of landscape, it is also seen as increasingly important to the District's economy.
Buildings, structures, tree planting and other development can, in some instances, have a significant effect on the visual quality of the environment. Given that opinion varies on what is visually inappropriate, Council considered any regulation on this aspect would be inflexible, subjective and would restrict freedom of choice, and therefore has promoted "guidelines" that it hopes resource users will consider when carrying out activities in the rural area.
To assess the effectiveness of these policies and rules Council intends to · analyse the location, number and type of building consents · survey the quality and quantity of water in important catchments · monitor the impact of heavy traffic generation on the District's roads · where deemed necessary, and in association with the Otago Regional Council, monitor the effects of rural activities on the quality of the District's soil and water resources. · encourage and provide for industry self monitoring in association with Council and other authorities in order for all parties to gain a broader understanding of policy effectiveness and to assist resource users in understanding the effects of their activities.
Reason Council needs to establish that the approach taken in this plan is promoting the sustainable management of the rural environment
Method RRA.3 Notification Requirements
Except as otherwise stated, controlled activities and restricted discretionary activities will generally be considered without notification or the need to obtain written approval of affected persons. Where the activity may have an adverse effect on a residential, hospitality, tourist, educational or health related activity in the vicinity, or on any cultural or heritage values of a site or on a state highway, written consent may need to be obtained and the application may be notified.
Reason Where such activities will have an adverse effect on a neighbouring property, it is unlikely to be able to satisfy the performance standards of the plan. Consequently, written consent of the adjoining owners is necessary.
Method RRA5 Wilding Tree Spread
Council encourages all prospective tree planters to consider the possibility of wilding tree spread and to adopt methods to avoid, remedy or mitigate this occurring. Particular attention should be paid to species choice, siting, plantation design, and surrounding land management, in order to minimise the risk of unwanted spread onto adjoining properties. To avoid wilding tree spread, spread prone species should not be planted upwind of undeveloped land which has a light vegetation cover, particularly if "take‑off' sites are involved.
Guidelines for the management of wilding tree spread (for example. "Guidelines for the Control and Management of Wilding Trees" W J Ledgard and E R Langer, New Zealand Forest Research Institute) are available from Council if required.
The following factors are involved in wilding tree spread and can assist in the control of spread:
The above factors indicate that conifer spread is very predictable. Predictable natural events or sequences are usually the easiest to manage or control.
Reason It is possible to effectively and efficiently manage the spread of wilding trees. However, the uncertainty involved in identifying the origin and responsibility for wilding trees means it is not possible to use regulation to control the problem. Education, the provision of appropriate information, and direct action by other agencies, are considered the most appropriate management options in respect of this issue.
Method RRA6 ‑ Mitigating the Effects of Planting Trees
The Council encourages all prospective tree planters to consider the potential adverse effects that trees can have on neighbours (particularly residential neighbours). Trees can shade neighbouring properties, obscure views, cause soil nutrient depletion and soil disturbance due to root encroachment.
Failure to recognise these potential problems could be costly as affected parties (including Council) can utilise the following remedies.
(i) Common Law Nuisance
Common law provides a remedy where private nuisance is involved. If shading, overhanging branches or encroaching roots interrupt reasonable use and enjoyment of the land, they may constitute private nuisance.
If an adverse effect is shown, the Resource Management Act can address these issues through enforcement orders (section 314) or abatement notices (section 322). While only Council may use the abatement notice procedure, any person can use the enforcement order process.
(ii) Property Law Amendment Act
Section 129 C of the Property Law Amendment Act provides for a person to apply to the District Court to remove or trim trees growing or standing on land whether or not they constitute a legal nuisance. This provision provides another remedy when trees cause an undue interference with reasonable enjoyment of land for residential purposes.
(iii) Forest and Rural Fires Act 1977
Under the Forest and Rural Fires Act 1977, exotic trees can be declared "forest areas" (section 17). This identifies that the forest is a fire hazard requiring continuous protection, equivalent to a restricted season. In order to be declared a forest area, exotic forest must, amongst other things, be at least 20 hectares in area and have a fire break of 10 metres to external boundaries of the forest. Fire authorities can also require a land owner of any land on which exotic trees are allowed to grow for the purpose of producing timber, to make fire breaks in such positions as the Fire Officer considers necessary for the purpose of fire control (section 27).
(iv) Fencing Act 1908
Under section 26A of this Act, the Council has jurisdiction to order the removal or trimming of trees if it can be shown that this is necessary to remove or prevent the recurrence of any undue interference with the reasonable enjoyment of land
4.1.6. ANTICIPATED ENVIRONMENTAL RESULTS
1. Maintenance of the open‑space and natural amenity values of the District 2. Reduced impact on the Districts water and soil resource 3. Minimal adverse effects on the amenity values and public roads of the District from buildings and structure 4. Preservation of the natural character of wetlands, lakes, rivers and their margins.
Section 6 of the Act identifies a number of matters of national importance that are directly relevant to the Coast. These are as follows: · the preservation of the natural character of the coastal environment (including the coastal marine area) and the protection of it from inappropriate subdivision, use and development (s6(a)). · the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development (s6(b)). · the maintenance and enhancement of public access to and along the coastal marine area (s6(d)).
The two remaining matters of section 6 are also relevant to the coast in the context of the Clutha District. The coast contains large areas of significant indigenous vegetation and is also home to the majority of the districts indigenous fauna such as yellow eyed penguins, fur seals, and Hooker sea lions (s6(c)). Furthermore the Districts coastline also has great significance to Maori (s6(e)).
In recognising its duty under the Act, Council has provided for the coast in a specific Resource Area. A brief description of the coast appears in Section 2.8 of the Plan (page 51).
In defining the Coastal Resource Area, Council has attempted to identify an area within which land use activities will or may potentially have an effect on the coastal environment. Identifying the resource area on the planning maps posed the same problems that existed under the zoning system of the Town and Country Planning Act, where zone boundaries were related to cadastral boundaries but were not readily apparent on the ground.
For the purposes of certainty, Council has adopted an approach that defines the Coastal Resource Area boundary approximately 500 metres from the mean high water springs mark. This, however, will deviate in the following circumstances;
(i) where the 500 metres is close to a cadastral boundary or notable physical feature, then that boundary or feature has been adopted;
(ii) where a topographical pattern lends itself to the coastal margin, for example a low‑lying swampy coastal strip, then that feature has been adopted as the boundary.
Adjoining the Coastal Resource Area is the coastal marine area within which the Otago Regional Council (in conjunction with the Minister of Conservation) has control. The coastal marine area is defined as;
"..the area of foreshore, seabed, and coastal water, and the air space above the water - (a Of which the seaward boundary is the outer limits of the territorial sea: (b Of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of‑ (i) One kilometre upstream from the mouth of the river; or (ii) (ii The point upstream that is calculated by multiplying the width of the river mouth by 5.
(Section 2 of the Resource Management Act)"
The landward boundary that crosses the rivers of the District has been ageed upon between Council and the Otago Regional Council and has been identified on the Planning Maps.
By virtue of section 64 of the Act the Regional Council is required to prepare a Coastal Plan to provide a framework for the integrated and sustainable management of Otago's coastal marine area. At the time of writing this plan, the Coastal Plan for Otago had been notified and Council has attempted to ensure consistency between this plan and the Coastal Plan as is required by the Act.
Also of significance to the coast and to this Plan are the following:
· The New Zealand Coastal Policy Statement prepared by the Minister of Conservation, which sets out the broad framework for the management of the coastal environment, not just the coastal marine area.
· The Regional Policy Statement prepared by the Otago Regional Council, which takes into account the matters within the New Zealand Coastal Policy Statement, and provides the specific policy framework for the management of the coast within the Otago Region, and therefore the Regional Coast Plan.
With respect to the coastal environment Council must therefore develop and maintain a close relationship with both the Department of Conservation and the Otago Regional Council.
The following are seen as the significant issues relating to the Coastal Resource Area:
• The possibility of sea level rise, and its effect on low lying communities and facilities.
Explanation A number of sites within the district may be susceptible to sea level rise. The Royal Society of New Zealand 1990 report on climate change noted that sea level rise in New Zealand Ports since 1889 has averaged 16.7 (+ or ‑ 2.3) cm/century, and has predicted that sea levels are likely to rise between 7 and 17cm by the year 2025 and between 17 and 35cm by the year 2050. What level Council should be planning for is yet to be determined as it has been promoted to Central Government that a national standard be set.
• Land use and development can degrade indigenous flora and wildlife habitat.
Explanation A number of significant wildlife habitats are located along the Districts coastline. Several of these are home to rare and endangered species. These habitats are increasingly under threat from degradation by adjoining land uses and development.
• Land use and development can degrade the quality of estuarine and coastal water.
Explanation Land uses adjacent to both the estuary itself and the water bodies feeding estuaries can significantly affect quality through pollution, siltation and flow changes. As these water bodies are significant habitats, nurseries and recreation areas, these effects must be mitigated.
• The District's coastline contains a number of outstanding landscapes and natural features, and areas where natural character is largely uncompromised. These areas can be adversely affected by inappropriate use and development. This can include clearance of vegetation, exotic tree plantings, residential activities and excavation activities.
Explanation The District's coastline is one of its major attractions. The largely unspoilt nature of the majority of the coast can be adversely effected by numerous activities and in some areas the threat is very real. The natural character and outstanding natural features and landscapes of the coast require specific consideration and protection by virtue of section 6(a) and (b) of the Act.
• Lack of recognition in the past of the significance the coast has to Maori.
Explanation The Coastal area represents various cultural, ancestral and traditional values to Maori. These have not always been recognised in the past. Kai Tahu are Kaitiaki of the coastal area. (See Schedule 6.10 regarding issues from the Ngai Tahu Settlement Act 1998).
• While erosion in the coastal area is generally a natural process, some activities can accelerate that natural process or cause erosion where it would not otherwise occur.
Explanation Natural physical coastal processes such as tide and current movement can cause erosion of the coastline. However, activities such as trail bike riding, tramping and overgrazing of stock (particularly cattle) can accelerate or cause erosion in the more sensitive areas of the coastal margin.
• There is the possibility that activities or processes in the Coastal Resource Area can adversely affect areas and activities in the Coastal Marine Area particularly in matters of water quality, emission of noise, marine mammal and bird habitat, natural coastal processes, and the effects on natural character.
Explanation While the control and management of the Coastal Resource Area is the responsibility of Council, the control and management of the coastal marine area is the responsibility of the Otago Regional Council in conjunction with the Minister of Conservation. Recognition that activities may transfer actual or potential effects between the two areas is required in order to sustainably manage the District's coastal environment. Establishing processes between local authorities in order to deal with any cross boundary issues that may arise is required.
· Public access to and along the margins of the Districts waterbodies is important to both residents of the District and the region however it is often restricted. In some instances, however, public access (particularly vehicular access) needs to be restricted to avoid or mitigate adverse effects on natural and physical resources (eg. disturbance of sealions at Cannibal and Surat Bays).
Explanation The District’s coastline is a well used recreational asset and access to and along the coast is very important to the public at large. There are areas in the District where access to and along the coast is restricted. Development adjacent to the coast has the potential to further reduce public access. Section 6 of the Act requires that public access to and along waterbodies be maintained and enhanced as a matter of national importance. However, there are circumstances where public access may need to be restricted. In the context of the Clutha District, this needs to be considered with respect to vehicular access in Cannibal and Surat Bay, which is having an adverse effect on sealions in the area.
The majority of issues in the Coastal Resource Area are similar to those issues in the Rural Resource Area (e.g. effects on water quality) and differ only on a number of areas unique to the coast. Consequently the objectives and policies of the Rural Resource Area also apply to the Coastal Resource Area except as otherwise provided in this section. The following objectives and policies are specific to the coast.
To preserve the natural character of the coastal environment and protect it from inappropriate subdivision, use and development. (Refer Policy COA.1 to 11)
To recognise the importance of coastal resources to Maori. (Refer Policy COA.5)
To avoid or mitigate the adverse effects that natural hazards and in particular sea level rise may have on the natural and physical resources of the District. (Refer Section 3.9 Natural Hazards page 165)
To protect the outstanding natural features and landscapes of the Districts coastline from inappropriate subdivision, use and development. (Refer Policy COA 1, 2, 6 and 8 to 11)
To maintain and enhance public access to and along the District coastline, only restricting such access in accordance with the New Zealand Coastal Policy Statement. (Refer Policy COA.6 and 7)
To ensure the subdivision, use and development of the coast and in particular, buildings and structures avoids, remedies, or mitigates any adverse effects on: · natural character values · outstanding natural features and landscapes · amenity values of the coast · the safety of the public · the enjoyment of the coast by the public
Explanation Buildings, structures and other development can have a significant effect on the public’s enjoyment of the coast through adversely affecting amenity values. Council will ensure these effects are avoided, remedied or mitigated. This policy gives effect to Policy 3.1.1 of the NZ Coastal Policy Statement. (Refer Rule COA.4)
To manage the subdivision, use and development of the Coastal Resource Area to ensure adverse effects are avoided as far as practicable and that where complete avoidance is not practicable, that adverse effects are mitigated or provision is made for remedying those effects.
Explanation Section 6(a) of the Act requires Council as a matter of national importance to protect the coastal environment from inappropriate subdivision, use and development. Policy 3.2.3 of the New Zealand Coastal Policy Statements requires that adverse effects of subdivision, use and development in the coastal environment be avoided as far as practicable. Where complete .... .... avoidance is not practicable, the policy requires that adverse effects be mitigated and provision be made for remedying those effects. This policy was developed to ensure consistency with the NZ Coastal Policy Statement. (Refer Rule COA.1 to 7)
To ensure that the adverse effects that activities can have on: · areas of indigenous vegetation and · areas of indigenous fauna habitat and · estuaries, wetlands, waterbodies and their margins and sand dunes within the coastal resource area are avoided, remedied or mitigated.
Explanation A number of significant wildlife habitats exist along the Districts coast line (eg. yellow eyed penguin breeding areas, Nugget Point seal and sealion colony) and along with the remaining areas of native vegetation, the many estuaries, wetlands and waterbodies, and the dune systems, they create the natural character of the coast. To give effect to the NZ Coastal Policy Statement, activities carried out within the Coastal Resource Area must avoid, remedy or mitigate any adverse effects on these landforms and habitats. (Refer to Rule COA.6 and 7 and Rule RRA.8 and RRA.13 page 206)
To ensure that the subdivision, use and development of the Coastal Resource Area avoids, as far as practicable, the adverse effects of sea level rise by adopting the best available international estimate of sea level rise.
Explanation The possibility of sea level rise must be taken into account when development takes place in the Coastal Resource Area. (Refer Rule COA.4)
To consult and work with · the Department of Conservation · the Otago Regional Council · manawhenua · affected landowners in resource management issues of the Coastal Resource Area.
Explanation The Act imposes duties on both the Minister of Conservation and the Regional Council in respect of the Coast. It is important that a consistent approach is adopted. The Department of Conservation is the Minister of Conservation’s agent in respect of the Conservation Act and has a role in advocating sustainable management under the Resource Management Act.
Maori have had a long association with the Coast that extends well beyond that of European experience. The Coast and its resources were necessary to Maori existence, with aspects of the coastal area representing various cultural, ancestral and traditional values. Decisions on resource management issues in the coast need to reflect this. (Refer Rule COA.2 and Method COA.3)
To maintain and enhance public access to and along the coast while ensuring adverse effects on · natural character · cultural values · wildlife · dunes, wetlands, and indigenous vegetation ecosystems are avoided, remedied or mitigated
Explanation Policies 3.5.1 to 3.5.4 of the New Zealand Coastal Policy Statement provide for public access to the Coast, and recognise the importance of maintaining and enhancing such access. This policy will ensure that such access is protected while minimising adverse effects on the coastal environment. (Refer Rule FIN.8 page 159 and Method COA.2)
To restrict public access, only where such a restriction is necessary · to protect areas of significant indigenous vegetation and/or significant habitats of indigenous fauna, particularly from the effects of vehicles · to protect Maori cultural values; · to protect public health or safety; · .to ensure a level of security consistent with the purpose of a resource consent; or
Explanation This policy reflects Policy 3.5.1 of the New Zealand Coastal Policy Statement. The most significant issues locally are the effect vehicles are having on sea lions in the Cannibal Bay and Surat Bay locality, and on the Districts sand dunes causing coastal erosion and loss of natural character. (Refer Rule FIN.8 page 159 and Method COA.2)
To provide for intensive residential development in existing coastal settlements only, while recognising and providing for the adverse effects of dynamic coastal processes.
To provide for recreational use of the coastal area while ensuring adverse effects on ecosystems, natural character and cultural values are avoided, remedied or mitigated.
To control the erection of buildings in the coastal area to ensure adverse effects on natural character are avoided, remedied or mitigated.
Explanation These policies accommodate Policy 3.2.1 of the New Zealand Coastal Policy Statement, which requires that Plans define what form of subdivision, use, and development would be appropriate in the coastal environment, and where it would be appropriate.
Policy COA.8 restricts intensive residential development to existing coastal settlements. These settlements have been specifically provided for, being identified as either Urban or Rural Settlement areas.
Policy COA.9 allows for appropriate recreational use of the coast, while Policy COA.10 allows for a limited number of buildings in the coastal area to provide for the continuance of farming and recreation activities provided adverse effects are minimal. (Refer Rural Settlement and Urban Resource Areas, and Rule COA.4)
To preserve the areas of the Coastal Resource Area where natural character is largely uncompromised through restricting, to the extent practicable, subdivision, use and development to areas where natural character is already compromised.
Explanation Section 6(a) of the Act requires Council as a matter of national importance to preserve the natural character of the coastal environment and protect it from inappropriate subdivision, use and development. Policy 1.1.1 of the New Zealand Coastal Policy Statement states that it is a national priority to preserve the natural character of the coastal environment by encouraging appropriate subdivision, use or development in areas where natural character has already been compromised and avoiding sprawling or sporadic subdivision use or development in the coastal resource area. This policy should achieve that priority. (Refer Rule COA.1 to 7)
Rule COA.1 Other Applicable Rules
Any activity undertaken within the Coastal Resource Area shall take place in accordance with the Rules of both Section 3 General Section and the Section 4.1 Rural Resource Area of this Plan unless this section provides otherwise. (Note in particular Sections 3.5 Heritage and 3.6 Water)
Any person making an application for a Resource Consent and Council, in considering any Resource Consent application, shall consult with the Runanga that has kaitiaki in that particular area, and where relevant, The Department of Conservation and the Regional Council. (Refer also Method MAO.2 page 68).
Reason Consultation with Iwi is a requirement of the Act. This is particularly important in the Coastal Area .... .... which is of great significance to the Manawhenua. Where considered necessary consultation will also be carried out with DOC and the Regional Council.
Multi unit Papakaika housing is a controlled activity and will be assessed in accordance with the Standards, terms and controls set out in Rule MAO.4 (page 67).
Reason The New Zealand Coastal Policy Statement requires Council to make provision for papakaika housing (multi-unit residential occupancy on ancestral land owned by Maori).
Rule COA.4 Buildings and Structures
(a) Any building or structure permitted under Rule RRA.2 (page 201 of this Plan) that complies with Rule RRA.12 page 208 is a controlled activity. Council shall exercise control over the design and specific location of such structures in terms of their impact on amenity values of the Coastal Resource Area.
(b) Except as otherwise provided for in (a) above and Rule COA.3, any activity that has the effect of erecting a building or structure shall be a restricted discretionary activity. Council shall restrict the exercise of its discretion to the following aspects;
· the ability of the site to dispose of wastes adequately · the effects of sea level rise or coastal erosion · the effect of the building and any associated signage on the natural character of the Coast particularly in terms of visual impact · the effect of the proposal on the intensity of development in the area · the effect of the building or structure on indigenous flora and fauna · the effect on cultural values · height, yard and open space requirements.
(c) Any application or resource consent under (a) and (b) of this rule will generally not be notified or require written approval of affected persons.
(d) For the purpose of this rule, structure does not include fences.
Reason The erection and density of buildings and structures in a coastal environment (excluding coastal urban areas) can have significant impact on the natural character. In order to minimise these effects and protect the natural character where practicable restricted discretionary activity status is seen as the most appropriate control. Those buildings provided for under (a) above (e.g. hay barns etc) have been given controlled activity status as they are not subject to market forces and are often site specific.
Rule COA.5 Subdivision (see Rule SUB.2 page 146)
Subdivision in the Coastal Resource Area shall be a discretionary activity.
Assessment Criteria - not part of the rule In assessing any application under this rule, Council in addition to those matters set out in Section 104 of the Act shall also consider the criteria of Section 3.7 Subdivision, Rule SUB.1(d) (page 142) and Rule SUB.4 (page 147), the objectives and policies of the Coastal Resource Area and the Regional Policy Statement, Regional Coast Plan and the New Zealand Coastal Policy Statement.
Reason While subdivision itself can not be considered a land use as such, it is generally the forerunner of intensive development and often leads to pressure on Council to extend services or to consider an inappropriate activity at a later date. Discretionary status enables Council to refuse consent to subdivision that has potential cumulative effects that are not compatible with the natural character of the coast.
Rule COA.6 Indigenous Flora and Fauna
Any activity that has the effect of destroying, modifying or removing any
· vegetation that is indigenous; or · habitat of any indigenous fauna; or · wetland; or · sand dune shall be a discretionary activity
PROVIDED THAT this rule does not apply to indigenous vegetation that has been planted by people or to land that is currently cleared for production or domestic purposes and is being colonised by native plants.
Assessment Criteria - not part of this rule In assessing an application under this rule Council in addition to those matters set out in Section 104 of the Act will also consider the following:
· significance of the resource · the ecological sensitivity of the resource · visual impact · the impact on water and soil quality
Reason Indigenous flora and fauna are a major contributor to the natural character of the coast. These resources are often endangered and where this is so they are considered a non-renewable resource. Discretionary status enables all the relevant issues to be considered before any development takes place.
Rule COA.7 Areas of Significant Natural Character (refer Planning Maps)
In those areas identified on the Planning Maps as having significant natural character, the following activities are discretionary activities; · forestry · excavation of land, including roading, cut and fill batters, quarrying and mining activities
ReasonWhile forestry need not be a negative landscape element, this rule recognises that the location and design of forestry plantings must be carefully planned to avoid adverse effects that forestry could have on the natural character of the coastal environment.
Excavation required for roading and tracks can create intrusive unnatural lines on the landscape if they cut across the natural landform. Quarries and mines obviously have major landscape impact given their nature and the scale of some operations. Requiring resource consent for these activities will allow conditions to be imposed that avoid, remedy or mitigate adverse effects.
To assess the effectiveness of those policies and rules Council shall;
· analyse the location, number and type of building consents · analyse the nature of resource consent applications received and granted
Reason Council needs to establish that the approach taken in this Plan is promoting the sustainable management of the coastal environment.
To identify those areas of the District’s coast where; (i) public access needs to be maintained and enhanced, and (ii) public access, particularly vehicular access, needs to be restricted or modified, and to investigate the means by which these matters can be provided for.
Reason This method will enable Council to fulfil its duty under both the Act and the New Zealand Coastal Policy Statement regarding the issue of public access to the coast.
Method COA.3 Cross Boundary Processes
(i) To hold joint hearings, where appropriate, with the Otago Regional Council when considering applications for resource consents that may have applications for the coastal marine area.
(ii) To liaise with the Otago Regional Council and/or adjacent District Councils over: (a) Issues of concern that cross the line of mean high water springs; and/or (b) Issues of concern that cross territorial boundaries.
Reason The holding of joint hearings with the Regional Council ensures that the effects of the activity, both within the coastal marine area and on any adjacent land areas, is taken into account. Liaising with the Regional Council and adjacent district and city councils allows for the identification and resolution of issues that cross the line of mean high water springs, and which require a coordinated response.
4.2.6 ANTICIPATED ENVIRONMENTAL RESULTS
1. Protection of significant indigenous flora and fauna. 2. Preservation of the natural character of the coast where practicable. 3. Recognition and protection of sites of cultural importance.
4. Protection of the coasts outstanding natural features and landscapes from inappropriate subdivision, use and development. 5. Maintenance and enhancement of public access to the coast.
The wellbeing, safety and health of people and communities is closely linked to urban areas. These areas meet basic human needs such as shelter and warmth, provide a system of mobility and access to services, provide infrastructure for activities, contribute to the communities quality of life, and protect its assets. For these reasons it is essential that urban areas are managed in a sustainable way for current and future generations.
The Act’s focus on effects has implications for planning Urban Resource Areas in terms of the type of techniques Council can develop to control the effects generated by activities and development on the natural and physical environment. It is no longer appropriate for Council to direct development or activities to particular land areas by way of a grouping of activities. Property owners are basically free agents as long as environmental protection standards are not breached.
In developing a management framework Council considered it essential that any standards set for different activities and effects should be compatible with the characteristics of the existing natural and physical environment. To this end Council identified environments within the urban area where the amenity standard differs for one reason or another.
Areas of high amenity standards tend to coincide with areas formerly zoned Residential. Areas of a medium amenity standard coincide with business centres where people work and shop. Areas of lower amenity standard tend to coincide with the more industrial activity type area, where buildings are purpose built.
With this in mind, Council considered the following alternatives;
1. Traditional Zoning Techniques This technique as discussed above, lists activities that are permitted in each area. The listing of compatible uses was often arbitrary and uses were omitted which could be compatible and without adverse effects if adequate performance standards were imposed. While this technique creates certainty, it tends to direct development and is therefore not compatible with the effects based approach of the Act.
2. Define One Urban Area With Sub Groupings This approach is similar to the traditional zoning techniques except that each sub-grouping would be developed on the basis of a set of performance standards that reflected existing amenity values in each particular area.
While there may be some justification for this approach in Balclutha and Milton, it is difficult to apply this approach to the smaller urban areas of the District as there is often no significant difference in amenity values between the former “residential”, “commercial” and “service commercial” zones of these towns. There would also be a problem with this approach in Balclutha with the area formerly zoned “mixed use” and its transition with the former “residential” zone. Defining a boundary line based on amenity levels in both of these situations would be a rather arbitrary process, and would be construed as directing development. For these reasons Council has not pursued this approach.
However, these problems are not as apparent with areas that are predominantly industrial in nature. These areas are clearly of a lower amenity standard, and identifying these was seen as the most practical solution.
Consequently Council does not see any merit in the application of this approach to the Clutha District except as noted for industrial areas.
3. Define One Urban Area Only This technique involves identifying the urban area (generally identified on the basis of servicing capability) without identifying any areas of particular amenity values within that urban resource area.
The difficulty that confronted Council with this approach was at what level should the environmental bottom lines be established? Setting a high environmental bottom line (for example, based on the amenity values of the former Residential Zones) would ensure a high environmental quality but would necessitate numerous resource consent applications for industrial and commercial activities which could not meet the strict performance standards. This approach would be costly for both developers and Council alike.
At the other end of the scale, setting a low environmental bottom line (for example, based on former Industrial Zones) would reduce the need for Resource Consent applications but would have .... .... the effect of lowering the amenity standard throughout the entire Urban Resource Area, particularly in traditional residential areas where people seek a quiet and visually pleasant environment.
As it was obvious that the higher amenity standards are associated with residential activities, Council felt the most appropriate approach under this scenario was to look at the effects of activities in terms of residential and non-residential. By defining Industrial areas as suggested under 2. above Council could then develop performance standards to control effects on two levels - those impacting on residential activities and those impacting on non-residential activities. This approach would not direct development but would create a situation whereby the performance standards for an activity would be determined by who its neighbour is.
The result of this analysis is that the District Planning Maps identify only two areas within the District’s towns - the Industrial Resource Area (see Section 4.4) and the Urban Resource Area.
Within the majority of the Urban Resource Area the amenity standard is generally quiet, free from high traffic generating activities, and has, on the whole, a pleasant visual appearance with buildings set back from road frontages and neighbouring properties. Buildings are generally not more than two storeys high, and set on landscaped sites. Few activities that discharge smoke, odour, smell or vibration are located within these areas.
There are, however, some locations where the amenities have been created by activities that are characterised by an orientation towards commerce. These areas are generally located in the central area of town, on the towns main road. Buildings are generally built right to the street and form a continuous frontage. Signs are displayed to attract people to premises and advertise goods. Being people orientated they have a reasonable amenity standard although they are more intensely developed and noisier than residential areas, as they are the areas where people shop and carry out business. Noise in the area is generally created by passing traffic. Activities that generate nuisance noise types or discharges are not commonly found in these areas.
Where activities propose to locate in these areas, performance standards would not be as demanding as compared to the activity locating in an area of a predominantly residential nature.
· Non residential activities can adversely effect residential activities through generation of noise, traffic and other nuisances.
Explanation The urban area generally contains two types of activities - residential and non-residential. As amenity standards for residential activities are generally high, non-residential activities adjoining residential activities can have a significant effect.
Structures in these areas can adversely impact on adjoining properties’ access to sunlight and privacy due to their bulk and location.
Explanation People living in these areas seek good access to sunlight and a reasonable level of privacy. The question is how to provide this without unduly restricting the use of the site.
· Past management controls have often lead to the inefficient use of land and restricted activities where adverse effects are minimal.
Explanation Controls utilised in the past have often created situations where space has been under utilised or wasted. By the same token choice of location for particular types of activities has often been limited for no good reason.
· Inappropriate development can lead to unsustainable management of the physical resources contained in the District’s town centres.
Explanation The central areas of the District’s main towns are a very significant resource as they contain substantial public and private investment in buildings and physical services. As town centres are not a natural system they cannot adapt to changing circumstances without human intervention. To maintain these areas as the focal point of a town will therefore require some action from Council.
· The resources and amenities of the business areas of the districts towns convey that particular towns image and this can be adversely effected by some activities.
Explanation As these areas are generally the most intensively used areas of the district, environmental quality is particularly important. Town centres are generally the community focal point and convey an image of each town to residents and visitors alike. However the protection and enhancement of this image is only partly within the scope of the Resource Management Act and this Plan - it is a matter to be addressed through the Annual Plan and Strategic Plans.
To manage the development of the urban area in order to;
a) provide a framework which enables people and communities to provide for their social, economic and cultural wellbeing, and their health and safety, while b) maintaining and where possible enhancing the environmental quality of particular environments within the urban area, and c) avoiding, remedying or mitigating any adverse effects on the natural and physical resources of the Urban Resource Area.
Policy URB.1
To avoid, remedy or mitigate the adverse effects that activities can have on the existing amenity levels of the District’s Urban areas.
Explanation From the results of the consultation process carried out for the preparation of this plan it can be inferred that the public wish to retain (and where possible improve) the existing amenity levels of the neighbourhoods they live in. (Refer Rule URB.3 to 6).
To avoid, remedy or mitigate the adverse effects that activities have on neighbouring properties including the adverse effects of the following:
· Loss of privacy · Loss of sunlight and daylight · Poor development and maintenance of street frontages · Untidy buildings and site usage · Increased street parking and excessive traffic movement, particularly trade vehicles · Reduction in traffic safety · Excessive noise, air pollution, glare etc. · Excessive security provisions: lighting and fencing.
Explanation These effects greatly reduce amenity value in these areas and consequently will be controlled by the rules in the Plan. (Refer Rule URB.3, 4 and 5 and Section 3.11 page 173)
To avoid, remedy or mitigate the adverse effects that non-residential activities can have on residential activities including the adverse effects of
· noise · odour · heavy or intensive traffic generation · loss of privacy, sun and views · security provisions · building design.
Explanation Non-residential activities often create effects that are not compatible with residential activities. (Refer Rule URB.5.)
To provide for maximum utilisation of sites without compromising amenity value.
Explanation Performance standards in the past have often created a situation where space on a site, for example a side yard, is poorly utilised. Council intends to provide a flexible system that will allow maximum utilisation of these areas. (Refer Rule URB.4(1) and (3)).
To maximise private choice of residential dwelling types and location.
Explanation A mixture of housing types and other forms of residential accommodation is desirable in order to promote a more balanced community structure.
With performance standards mitigating any adverse effects, there is little justification for restricting certain types of development (eg multi unit housing) in these areas. (Refer Rule URB.2 and 4)
To avoid, remedy or mitigate the adverse effects of signs.
Explanation Signs and other visual displays can add to the vitality and interest of an area or they can be a serious environmental distraction. Performance standards should minimise the adverse effect of signs. (Refer Rule URB.4(6) and Rule URB.5(3))
To encourage new buildings and renovations to complement the design of existing neighbouring buildings.
Explanation The design and appearance of buildings particularly large buildings and buildings on prominent sites can have a significant effect on the surrounding environment. It is difficult to prescribe performance standards for design and appearance without creating interpretation uncertainties and unintentionally restricting innovative design solutions. Consequently Council considers it more appropriate to encourage design that complements existing development rather than regulate. (Refer Method URB. 1 and Method SIGN 2 page 182(a)).
All activities must conform with the provisions of Section 3 of this Plan.
Note in particular;
3.3 Transportation (page 71) 3.5 Heritage (page 99) 3.7 Subdivision (page 137) 3.8 Financial and Reserve Requirements (page 151) 3.11 Other Environmental Issues (page 173) 3.12 Signs (page 179) 3.13 Noise (page 185).
Rule URB.2 Permitted Activities
(i) Residential activities that conform with the rules set out in Rule URB.4, 6 and 7 and the relevant provisions with respect to the servicing and development of sites contained in Sections 3.7 Subdivision and 3.8 Financial and Reserve Requirements are permitted activities except for those activities that fall under Rule URB.3.
(ii) Non-residential activities that conform with the rules set out in Rule URB.5, 6 and 7 and the relevant provisions with respect to servicing and development of sites contained in Sections 3.7 Subdivision and 3.8 Financial and Reserve Requirements are permitted activities, except for those activities that fall under Rule URB.3.
(iii) Any activity involving the housing or keeping of animals that conforms with the performance standard set out in Rule URB.8 is a permitted activity.
Reason Compliance with the performance standards will ensure adverse effects are mitigated or avoided.
Rule URB.3 Discretionary Activities
(i) Any activity that has the effect of generating, or the potential to generate the following effects;
- excessive or nuisance noise types, - noxious, hazardous, or objectionable waste, or - uses or stores commercial quantities of hazardous substance is a discretionary activity.
Reason These effects would have a significant impact on the amenities of the area and status as discretionary activities will ensure full consideration of the effects.
(ii) Any non-residential activity which does not front a road identified as service retail frontage on the planning maps that has the effect of generating high levels of traffic or is serviced by heavy vehicles (other than activities listed in (iii) below) is a discretionary activity.
Assessment criteria - not a part of this rule In assessing any application under this rule, Council in addition to those matters set out in Section 104 of the Act will also consider
· the nature of adjacent activities, · the effects of traffic generation in that particular locality, · the alternatives considered by the applicant, · the effect on the community or any group within the community, and · the effect on the built resources of the towns centre.
For the purpose of this rule a “high level of traffic” is defined as generating in excess of 30 vehicle movements per day to or from the property.
Reason Outside of those streets identified as having service retail frontage (which generally comprise commercial activities) these activities would have a significant adverse effect on amenity values.
(iii) Any activity that has the effect of attracting vehicles to the site for the purposes of servicing, maintaining and/or storing those vehicles is a discretionary activity.
Assessment Criteria - not part of this rule In assessing any application under this rule, Council in addition to those matters set out in Section 104 of the Act will also consider: · the nature of adjacent activities, · the effects of traffic generation in the particular locality, · the alternatives considered by the applicant, · the effect on the community or any group within the community, · the effect on the built resources of the towns centre.
Reason These activities generate high level of traffic use and inappropriate site design and location can have a significant effect on the safety and efficiency of the roading network, and general amenity values of the area.
(iv) Any activity that involves the boarding or keeping of animals that does not comply with Rule URB.8 is a discretionary activity.
Reason The keeping of animals can have adverse effects such as noise, smell and other nuisances. These effects are exaggerated when animals are kept for commercial purposes.
(v) The addition to or construction of buildings and structures within 20 metres each side of the centre line of high voltage transmission lines designed to operate at or over 110 kv is a discretionary activity.
PROVIDED THAT
This rule does not apply to fences or buildings not occupied by human or animals for whatever purpose.
Reason This rule will ensure that the public is reasonably protected from live transmission lines in the event of an emergency which results in a line failure. It will also enable ease of operational access by the network utility operator for maintenance and upgrading purposes.
Fences and buildings that are not occupied or used by humans or animals are not subject to this restriction.
Rule URB.4 Residential Activity Performance Standards
(a) Front Yards - 3.0 metres provided that a garage or carport either freestanding or structurally part of or attached to the principal building on the site may be erected in the front yard where :- - the garage or carport doesn’t occupy more than 50% of the street frontage or 6 metres which ever is the lesser - where it is located within any side yard, written consent of the immediate adjoining owner is received and submitted to Council with the building consent application - the location of the garage or carport does not adversely effect the safe and efficient operation of the adjoining road.
(b) Side and rear yards - minimum yard of 1.5 metres provided that an accessory building or a garage or carport structurally part of or attached to the principal building on the site may be erected in the side or rear yards where:- - 1.5 metres unobstructed access to the rear of the site is provided on at least one side yard - the building within the yards do not exceed 7.5 metres in total length adjacent to any one boundary - the height of the building within the yard does not exceed a maximum of 2.8 metres provided that in the case of a building with a gable end, the apex of the gable end may be 3.5 metres high on the boundary. The maximum width of the gable and supporting walls beyond the 2.8 metre height control is 4.5 metres
- written consent of adjoining owners is received and submitted to Council with the building consent application.
(c) Non-compliance (i) Side and rear yards less than 1.5 metres (up to and including the zero lot line as illustrated in Figure 18) are controlled activities provided the written consent of the affected adjoining owners is received.
Council shall exercise its control in respect of the height of the building, the design and placement of windows and their effect on neighbouring properties.
FIGURE 18 - ZERO LOT LINE TECHNIQUE
(ii) Any application for a resource consent to reduce the side or rear yard requirement shall be considered as a restricted discretionary activity where adjoining owners consent is not received. Council shall restrict the exercise of its discretion to the effects on the amenity values of adjoining properties.
(iii) Any application for a resource consent to reduce the front yard requirement will be considered as a restricted discretionary activity, with Council restricting the exercise of its discretion to the effect on amenity values and the roading network.
Reason A 3.0 metre front yard retains and enhances the amenities of the area without creating a large area of under utilised space. It also reduces the effect on the road carriageway by avoiding possible shading and protecting visibility. Front yard provisions have been retained in the Plan because of public support for the amenity value provided.
The minimum 1.5 metre side and rear yard is required to ensure access for maintenance, drainage and firefighting purposes on all sides of a building and in conjunction with height control will, reduce the adverse effects buildings may have on neighbouring properties. An open space requirement will provide for outdoor living and will further reduce the effect of shading etc on neighbouring properties.
The “Zero lot line” technique (i.e. reducing the side or rear yard) enables maximum use of a site, with open space on the section being maximised on the side with maximum orientation to the sun allowing flexible, innovative design and reducing the “no mans” land in side yards to a minimum. This approach is controlled, however, due to the effect it may have on a neighbouring property.
(a) Level Sites A level site exists where the ground slope within the buildable areas varies from level to 6o (approx 1 in 10).
No building shall exceed 9 metres in height, provided that -
(i) The maximum height along the line of the minimum yard provisions (excluding the front yard) shall be 3.5 metres provided that -
· The measurements shall be taken from the average natural ground level along the foundations nearest to the boundary under consideration, and
· The measurements shall be taken to the point where the planes of the wall surface and the roof covering would meet if extended, provided that in the case where there is no wall surface (A Frame) then the vertical plane shall be an imaginary vertical line, or
FIGURE 19 HEIGHT CONTROL ENVELOPE
(ii) Beyond the minimum yard spaces the maximum height shall be determined by an inclined plane which originates from the point determined in (i) above and then slopes upwards at an angle of 25o to the horizontal.
(b) Sloping Sites A sloping site exists where the ground slope within the buildable area exceeds 6o (approx. 1 in 10) -
No building shall exceed 6 metres in height, provided that -
(i) The measurement shall be taken from the average natural ground level along the external wall nearest to the road, and
- The highest point of the parapet or coping in the case of a flat roof; or
- The mean level between the eaves and the highest point of the roof in the case of a sloping roof, excluding in either case chimneys, ventilator shafts, water tanks, elevators lofts, steeples, towers, and such finials and similar parts of the building as constitute only decorative features.
(ii) Where the building is set back from the road line on a site which slopes up from or down from the road level, then the height shall be measured from the mean level of the ground along the external wall on the higher side of the site. Provided that the absolute height of any building to be erected on a sloping site shall not exceed 9 metres.
(c) Height - Accessory Buildings The maximum height of any accessory building including private garage shall be 3.5 metres
(d) Any increase in these requirements will require the following:
(i) Any activity that breaches this rule up to an additional 1 metre is a restricted discretionary activity provided the consent of all adjoining owners affected is received. Council shall restrict the exercise of its discretion to the effect any such reduction may have on the amenity values of the neighbourhood. (ii) Where consent of affected owners is not received in the situation referred to above in (i), the activity shall be considered as discretionary activity. (iii) Any activity that increases height beyond 10 metres or in the case of accessory buildings, 4.5 metres, shall be considered as a non-complying activity.
Reason Controls on height have been considered necessary because of the adverse effects, (such as shading and reduction in privacy and views,) that buildings can have on adjoining properties. Height controls in conjunction with yard controls minimise these effects.
Applications relating to height of buildings will generally be considered with regard to the effect on neighbours and the character of the area. Increased height will generally only be allowed where there are exceptional circumstances and the building will not cause any more shadow or more restriction of view of neighbours than if the .... .... building was built to the permitted height. The effect on character will, be considered in relation to the existing situation. For example, it will generally be inappropriate for a tall building to establish where the area contains only buildings of a much smaller scale, however if the location is particularly appropriate and the activity is to be encouraged, then an application may be granted.
3. Outdoor Living and Privacy Requirements
A. Attached Dwellings, Two Bedroomed Townhouses and Multi Unit Residential Developments
(i) Ground floor Outdoor living space adjoining the main living area of each unit shall be provided in accordance with the following:
1. Minimum area of 36m2 2. Minimum dimension of 4 metres adjacent to the exterior wall of the main living area, orientated east, north or west of the unit to which it relates. 3. Shall be free of driveways, parking spaces and garages but may include an accessory building of not more than 10m2. 4. Not less than 60% of the minimum area shall be in permeable surface (i.e. lawn, trees, shrubs, etc.) PROVIDED THAT an application for resource consent to reduce the area of permeable surface to a standard less than 60% which allows for Cobblestones or other similar materials shall be considered as a controlled activity. Council shall exercise its control to the mitigation of the effects of run-off.
(ii) Above Ground Level - for units above ground level, the outdoor living space provided at ground level may be reduced to 25 m2 provided it is supplemented by a balcony which adjoins and is accessible to the living room of each unit above ground floor level. This balcony shall have a minimum area of 8m2 and a minimum dimension to the east, west or north of 2 metres.
Reason The requirements of (i) to (iii) are seen as appropriate to ensure that some open character within the urban areas is maintained and that provision is made for outdoor living in conjunction with each dwelling unit. The provision of outdoor space also reduces the pressure on reserves and ensures that each dwelling unit has reasonable access to sunlight.
(iii) Visual Privacy Between Dwelling Units No dwelling units on the same site shall be so sited or designed so that the main glazing of the living areas of one dwelling unit will oppose the main glazing of the living areas of another dwelling unit; unless screening in the form of fencing and/or landscaping is provided at a distance of not less than 3 metres from each unit.
(iv) Screening of Outdoor Living Space Every outdoor living space shall be required to be visually screened from adjoining sites and outdoor living spaces appurtenant to any other dwelling units. The screening shall be constructed of materials which blend with the natural materials of the site or with those of the building on the site.
Reason Intensive residential development can have the effect of impinging on the privacy of people occupying adjoining dwellings and sites. The standards of (iii) and (iv) are aimed at minimising that effect.
B. Detached Dwellings (not part of a Multi Unit Residential Development)
Outdoor living space associated with detached dwellings shall be provided in accordance with the following;
1. minimum area of 100 m2 with a minimum dimension of 5.0m by 10m orientated east, north or west. 2. shall be free of driveways, parking spaces and garages but may include an accessory building of no more than 10m2. 3. Not less than 60% of the minimum area shall be in permeable surface (i.e. lawn, trees, shrubs, etc.) PROVIDED THAT an application for resource consent to reduce the area of permeable surface to a standard less than 60% which allows for Cobblestones or other similar materials shall be considered as a controlled activity. Council shall exercise its control to the mitigation of the effects of run-off.
Reason Detached dwellings that are the only dwelling unit on a site generally require a larger open space area as this type of development provides for family living.
C. Non-Compliance
Any reduction in these requirements (other than already provided for in A.(i) 4 and B.3.) shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the effect on the amenity values of adjoining properties and the effect on reserves in the locality. Any application for resource consents under this rule shall generally be considered without notification but the consent of adjoining owners may be required.
(a) Any area used or proposed to be used for storage purposes that is not enclosed or partly enclosed by a covered building shall be screened from public spaces and from residential sites by a 2 metre high close boarded fence or other suitable screen and shall not exceed 50m2 of site area and shall not impede visibility on adjacent roads. (b) Storage areas shall not exceed 2 metres in height. (c) There shall be no storage in the open of sand or aggregate, or other materials that may be windblown. (d) Any activity that fails to comply with this standard is a restricted discretionary activity. Council shall restrict the exercise of its discretion to this matter.
Reason Outdoor storage facilities can have a significant visual effect and have the potential to attract vermin and create windblown debris.
a. The provisions of Section 3.13 Noise (page 185) shall apply unless otherwise stated by these rules. b. Corrected noise level at the boundary of a site shall not exceed the following limits Weekdays and Weekends 7am to 10pm L10 55dBA 10.00 pm to 7.00 am L10 45dBA c. Activities not complying with these standards shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to this matter
Reason Noise limits have been based on the findings of Council’s 1993 Noise Study of the District and are designed to preserve the existing amenity level.
a. The provisions of Section 3.12 Signs (page 179) shall apply unless otherwise stated in these rules. b. Subject to (c) below one double sided sign per site, not exceeding 1.2 m2, is permitted provided it refers to the site on which it is located. c. Illuminated signs are discretionary activities while flashing signs are prohibited. d. Activities not complying with these rules shall be considered as discretionary activities.
Reason Signs can have a significant visual effect in these areas. This performance standard seeks to minimise that effect.
Provision shall be made for off street parking in accordance with the requirements set out in Rule TRAN 6 (page 78) and Table 12, Figures 5 and 6 (page 85).
Rule URB.5 Non-residential Activity Performance Standards
(a) No front yards are required except that where a residential activity adjoins both sides of the site a front yard of 3 metres is required. (b) No rear or side yards are required except that where a site adjoins a residential activity without the intervention of a road or service lane, side and rear yards of 4.5 metres will be required. (c) No building shall exceed 12.0 metres in height provided that where the activity adjoins a site where the principal activity is residential in nature the height provisions of Rule URB.4 (2) apply. (d) Activities not complying with these standards shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the effects on amenity values.
Reason Yards adjoining residential activities will reduce the adverse effects non‑residential activities can have on residential activities in terms of shading, noise and visual impact.
(a) The provisions of Section 3.13 (page 185) shall apply unless otherwise stated by these rules.
(b) Corrected noise levels shall not exceed the following limits.
i) At the boundary of a residential activity;
Weekdays and Weekends 7.00 am to 10.00 pm L10 55 dBA 10.00 pm to 7.00 am L10 45 dBA
ii) At the boundary of any other non‑residential property;.
At all times L10 65dBA
(c) Activities not complying with these standards shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to this matter.
Reason Noise limits have been based on the findings of Council's 1993 Noise Study of the District and are designed to preserve the existing amenity level.
(a) Permitted Activities
Signs that are located on the site to which they relate (excluding those signs provided for in (v) below) are permitted activities (other than provided for in (b) to (c) below) provided they comply with the following performance standards:
(i) The sign is not erected in a position that is higher than the apex of the roof of the building on the site.
(ii) Any sign suspended under a verandah shall: have a minimum clearance of 2.5 metres above the footpath, and Have a minimum clearance of 450mm from the kerb line.
(iii) Freestanding pole signs do not exceed 3m' in area or six metres in height provided their specific location is approved by Council.
(iv) Footpath sandwich board type signs provided that: · the sign does not exceed 1 m2 in area · the sign is not placed in a position that impedes pedestrian traffic and that there is at least 1.8 metres clearance in the footpath · it is not placed within 2 metres of any comer or intersection or so as to interfere with traffic visibility · there is no more than 2 signs per shop frontage · it must be placed outside the premises to which the sign relates · it may only be displayed when the premises are open
(v) "Heritage Trail' fingerboard signs provided that they comply with the Heritage Trails Foundation Standards for such signs as set out in the document " Heritage Trail Signs Manual" as held in Council's office and that they are attached to existing fingerboard sign posts. (Note: the written approval of the existing sign post owner must be received before such a sign be can erected).
(b) Restricted Discretionary Activities
(i) Signs on a site or building that adjoins a residential activity and signs not conforming with the standards above shall be restricted discretionary activities Council shall restrict the exercise of its discretion to size, design, and location.
(c) Prohibited Signs
(i) Flashing signs are prohibited activities.
Reason Signs can have a signifcant visual effect in these areas. This performance standard seeks to minimise that effect.
Any non‑residential activity that adjoins a residential activity shall limit their hours of operation as follows
Places of Assembly 7am ‑ 1Opm Sunday to Thursday, 7am ‑ midnight Friday and Saturday
Other Non‑residential activities 7am – lOpm every day
PROVIDED THAT this rule shall not apply to public works, network utility installations, and any activity for which a licence under the Sale of Liquor Act 1989 is required.
Any activity not complying with this rule shall be considered as a discretionary activity.
Reason While the noise standards are also aimed at preserving the night time amenity in these areas, it is felt that some limit on hours of operation is also necessary to reduce or avoid the noise and nuisance effects of vehicles and people using non‑residential facilities. Activities licensed under the Sale of Liquor Act have been exempt from this clause as the licensing of such facilities go through a public notification process through which the public can have their say with regard to the hours such operations keep. It should be noted that "temporary military training" activities are not considered non‑residential activities (see definitions of non‑residential activities at page 253).
The provisions of Rule URB.4 (4) shall apply.
6. Servicing and Financial Contributions The development of any site and the provision of all network utility services to the boundary of the site is the responsibility of the developer, and shall be undertaken in accordance with the relevant provisions of Section 3.7 Subdivision (page 137).
The site of any non‑residential building that is substantially clad in glass or similar reflective or translucent material; sheet material such as cement fibre panes, corrugated or sheet metal panels; or other similar materials, shall be landscaped and finished in a manner that minimises the adverse visual effect on residential activities in the vicinity of the site.
Reason Purpose built industrial or commercial buildings can have a significant adverse effect on residential amenity values. The visual impact of these buildings must be minimised.
Rule URB 6 Unreticulated Sites
Any unreticulated site shall be capable of the effective disposal of effluent safely within the site
PROVIDED THAT
for sites less than 4000m2, or where the activity on the site will generate quantities of effluent in excess of three household units or the equivalent thereof regardless of area Council shall require a certificate from Council's Environmental Health Officer or from a person professionally qualified in effluent disposal that effluent can be safely disposed of within the site.
Reason Effluent can have significant environmental effects in terms of odour, contamination of water supplies, and other health hazards. As no minimum site sizes have been set, the size of any sites in unreticulated areas will be determined by the sites ability to dispose of effluent effectively. Council accepts that sites 4000m2 and above are generally adequate for this process however sites below this size will need certification from Council's Health Inspector or some other suitably qualified person.
A verandah extending across the entire road frontage, designed in accordance within the limitations set in Figure 22 (page 236) shall be provided on the erection, reconstruction or alteration of any building on those streets identified as requiring verandahs on the planning maps, except where the reconstruction or alteration is to an historical building upon which a verandah is not appropriate.
Where circumstances of building design or layout or topographical features give rise to a request for relaxation of this requirement the matter shall be dealt with as a discretionary activity and shall be publicly notified.
Reason To maintain the character and amenity values of the District's urban areas (and also to provide protection from the elements) maintenance of existing verandah frontages is considered essential.
Rule URB.8 Boarding and Housing of Animals
The housing and/or breeding of animals as a domestic activity on the site is a permitted activity provided that (i) not more than two pigs are kept and that a piggery building or any area designated for the occupation of pigs is located not less than 50 metres from any of the following: · any residential building · milking shed · any place used for preparation, storage, · or sale of food · public road · adjoining property boundary. (ii) Not more than two dogs are kept on a property provided that their progeny may be kept on the site up to the age of 3 months. (iii) The number of domestic fowls does not exceed ten. (iv) The activity is conducted so that it does not create a nuisance to the occupants of adjoining or nearby properties. Note: It shall be for Council's Enforcement Officers to determine upon reasonable grounds, that a nuisance is being created.
Reason The keeping of animals can have adverse effects such as noise, smell and other nuisances. This performance standard should avoid the effects associated with the keeping of animals for purposes other than domestic needs.
Earthworks not required for construction of a building for which a building consent has been issued that exceed the following:
(a) An excavation depth or fill height exceeding 3 metres, or (b) the removal or the depositing of material exceeding 250 mł, or (c) an area of earthworks exceeding 1000 m˛, or (d) involve the use of explosives
are a restricted discretionary activity.”
Council shall restrict the exercise of its discretion to the following matters:
· The effects of noise and dust emission; · The effects of any blasting required; · The extent, timing and duration of bare ground; · The location, timing of construction, design and density of the earthworks; · The control of run-off; · The disposal and stabilisation of waste material or fill; · The effects on waterbodies; · The effects on slope stability; · Measures to avoid, remedy or mitigate adverse visual effects; · The effects of traffic generated by the activity. · The effects on stormwater flows · The need to protect survey marks · The effects on structure supports, including structures on other properties · The effects on infrastructure and utility services (including stormwater systems, and manhole or service covers) in particular the retention of appropriate cover, the retention of practical access to them and the recognition of loading weights.
This rule does not apply to earthworks associated with the construction of utility services and roads (including works within road reserves for footpaths, drainage systems etc.) authorised by this plan or appropriate resource consents.
Any application under this rule will generally not be notified or served. Where any neighbouring property owners are considered to be affected by any application, the notice of the application will be served on them unless all persons who may adversely affected have given their written approval to the application
Reason
Earthworks in urban areas can have a significant adverse effect on neighbouring properties, stormwater flows, utilities and infrastructure. These effects can include noise, vibration and dust emissions from blasting and traffic generation and potential effects on stability and water quality. Council has developed a tiered approach to the control of earthworks. Only large-scale earthworks exceeding the limits set out above will require assessment through the resource consent process. Small-scale earthworks involving less than an area of 500m2 and 25m3 do not require any authorization. Earthworks of a scale greater than this but less than the levels listed above will require an earthwork permit under Councils Bylaw.
Council encourages businesses of the District to consider the Grid Analysis Technique contained in Method SIGN.2 (page 182(a)), and the following guidelines when erecting signage.
· That signs be designed, and in colours appropriate, to the architecture of the buildings to which they are affixed, and to their adjoining streetscape. Signs should not be placed on the decorative forms or mouldings of buildings, dominate facades, conceal windows or architectural features. · That where possible and practical, signs on adjacent buildings should be coordinated, particularly in regard to alignment. · That signs should not project above parapet lines or be constructed so as to obscure views of land forms, vegetation or buildings which contribute to the amenities of the local environment. · That sign combinations be chosen from the following options as illustrated by Figure 21:
A Ground Floor Facade (i) awning fascia (ii) one suspended under verandah sign or one cantilevered over footpath sign at standard awning level where there is no verandah. (iii) above doorhead/above display window tramson. (iv) piers. (v) below windowsill. (vi) on the window glass or the masonry beside a door.
Signage is limited to one of the following combinations, either (i), (ii) or (vi) or (iii), (iv) and (v). This provides for a total of three signs at ground floor facade level.
B Upper Level Signs (i) wall face box or applied sign. (ii) one projecting vertical sign. (iii) parapet sign.
Signage is limited to one of these options.
Reason While not wishing to impose strict regulations on businesses in respect of signage location, Council does consider it necessary to promote cohesive and attractive development of signs in the District’s urban area. It is hoped that these guidelines will go someway in achieving that.
To assess the effectiveness of these policies and rules Council shall analyse complaints received
Reason Complaints received are a ready guide as to how effective Council’s objectives and policies are in maintaining amenity standards.
Method URB.3 Notification Requirements
Except as otherwise stated, controlled activities and restricted discretionary activities will generally be considered without notification or the need to obtain written approval of affected persons.
4.3.7 ANTICIPATED ENVIRONMENTAL RESULTS
1. A pleasant environment to live and work in. 2. Minimal adverse effects on neighbouring properties. 3. Safe and efficient transport system. 4. Efficient public services.
URB4 ‑ Mitigating the Effects of Planting Trees
The Council encourages all prospective tree planters to consider the potential adverse effects that trees can have on neighbours (particularly residential neighbours). Trees can shade neighbouring properties, obscure views, cause soil nutrient depletion and soil disturbance due to root encroachment. Failure to recognise these potential problems could be costly as affected parties (including Council) can utilise the following remedies.
(i) Common Law Nuisance
Common law provides a remedy where private nuisance is involved. If shading, overhanging branches or encroaching roots interrupt reasonable use and enjoyment of the land, they may constitute private nuisance.
If an adverse effect is shown, the Resource Management Act can address these issues through enforcement orders (section 314) or abatement notices (section 322). While only Council may use the abatement notice procedure, any person can use the enforcement order process.
(ii) Property Law Amendment Act
(iii) Forest and Rural Fires Act 1977
Under the Forest and Rural Fires Act 1977, trees can be declared “forest areas” (section 17). This identifies that the forest is a fire hazard requiring continuous protection, equivalent to a restricted season. In order to be declared a forest area, exotic forest must, amongst other things, be at least 20 hectares in area and have a fire break of 10 metres to external boundaries of the forest. Fire authorities can also require a land owner of any land on which exotic trees are allowed to grow for the purpose of producing timber, to make fire breaks in such positions as the Fire Officer considers necessary for the purpose of fire control (Section 27).
(vi) Fencing Act 1908
Under section 26A of this Act, the Council has jurisdiction to order the removal or trimming of trees if it can be shown that this is necessary to remove or prevent the recurrence of any undue interference with the reasonable enjoyment of land.
Consideration should also be given to the possibility of wilding tree spread onto vacant sites, areas of open public land, roadsides and riversides. These areas are less intensively managed as a consequence wilding trees can become established. These trees can cause problems for neighbouring property owners. If you have planted trees that have a propensity to spread you should monitor areas of open space for evidence of wilding trees and remove them immediately.
4.3.7 ANTICIPATED ENVIRONMENTAL RESULTS
1. A pleasant environment to live and work in. 2. Minimal adverse effects on neighbouring properties. 3. Safe and efficient transport system. 4. Efficient public services.
The Industrial Resource Areas of the District have been identified on the basis of their existing amenity values. These areas tend to be dominated by large purpose built buildings with little visual appeal, the activities within which often create noise, smell, use or store hazardous substances or generate hazardous wastes. Heavy vehicles are normally used to transport materials and products to and from the areas. Consequently, more sensitive activities such as residential or retail activities generally do not locate in these areas.
In the majority of Industrial Resource Areas Council has made provision for the expansion of existing activities. This provides some certainty for existing operations while identifying to the general public those areas where they can expect a lower environmental quality.
· Industrial activities often generate significant adverse environmental impacts that are not compatible with residential or commercial activities.
Explanation Many industrial processes even with the most modern technology can create some unpleasant effects, not appreciated by neighbours. The approach in the past has been to separate this type of activity from those which are more sensitive.
· Industrial buildings are generally purpose built and can adversely effect visual amenity.
Explanation Industrial buildings are built for a specific purpose, without a great deal of consideration to their visual appearance. Often they are large buildings clad with plain sheet material (eg cement fibre panels, corrugated or sheet metal panels) with little attempt at screening.
· Industrial activities normally generate a high level of heavy vehicle traffic which can have an adverse effect on other activities.
Explanation Heavy vehicles normally used to transport materials and products to and within industrial areas are not compatible with residential neighbourhoods or activities.
· Some industrial processes generate a high level of waste, that is often hazardous.
Explanation The noxious and hazardous waste of some industrial activities cannot be dealt with by Councils normal waste systems and require alternative and costly, measures for adequate disposal.
To manage the industrial resource areas so that industrial activities do not adversely effect the amenity values of adjoining resource areas.
To manage the Industrial Resource Area so that industrial activities are not constrained or limited by the operation of activities that require a higher level of amenity and environmental quality than industrial activities.
To ensure that the adverse effects that industrial activities can have on neighbouring resource areas are avoided, remedied or mitigated.
Explanation To minimise adverse effects of industrial activities performance standards have been developed, not only for the industrial areas themselves, but also for industrial areas which adjoin residential, commercial and recreational areas. (Refer Rule IND.3 and 4)
To avoid the noxious or dangerous effects that some industrial activities generate.
Explanation Council considers that noxious or dangerous effects are generally not compatible with any activity and should therefore be strictly controlled. (Refer Rule IND.3)
To ensure the mitigation of the adverse effects of signs in industrial areas.
Explanation Attracting passing traffic is less significant in an industrial area, with the main purpose being for identification purposes. However signs in the industrial area can still have adverse effects on the amenities by creating an untidy appearance and distracting motorists creating an adverse effect on the immediate environment. (Refer Rule IND.4(3))
To ensure activities that require a high level of amenity and environmental quality avoid reverse sensitivity effects on industrial activities.
Explanation
Industrial activities can generate adverse effects on the environment because of discharges to air and land, 24 hour operation, noisy processes and heavy traffic generation.
These effects are incompatible with more sensitive activities such as dwellings, accommodation facilities, health and education facilities. Allowing such activities to establish in the industrial zone inevitably leads to an expectation of a higher amenity standard being maintained. This leads to pressure on existing industrial activities and reduces certainty for future developments. Allowing this to occur leads to an inefficient use of natural and physical resources within the zone.
All activities shall comply with the rules contained in Section 3 of this Plan.
Note in particular;
3.3 Transportation (page 71). 3.7 Subdivision (page 137). 3.8 Financial and Reserve Requirements (page 151). 3.11 Other Environmental Issues (page 173). 3.12 Signs (page 179). 3.13 Noise (page 185).
Rule IND 2 Permitted Activities
Any activity that conforms with the rules contained in Rule IND 4 Performance Standards (except as provided in Rule IND 3) is a permitted activity.
Reason The performance standards of Rule IND 4 is intended to avoid, minimise or mitigate adverse effects of any activity.
Rule IND.3 Discretionary Activities
The following activities are discretionary activities:
(a) Any activity that requires a licence as an offensive trade within the meaning of the third schedule of the Health Act 1956. (b) Residential activities except where ancillary to an industrial activity. (c) Commercial service activities. (d) Community support activities. For the purpose of this rule, “emergency service facilities as defined in Section 5 of this Plan are not considered community support activities.
Reason
Council considers that all noxious activities should require a resource consent to ensure that all potential effects are considered. Licences under the Health Act are more concerned with health and safety aspects as opposed to environmental effects. Requiring a resource consent process for noxious activities enables the environmental effects to be dealt with.
Residential, commercial service and community support activities generally expect a high level of amenity, which is not compatible with the effects generated by industrial activities. Allowing such activities can lead to significant conflict which puts unreasonable pressure on the legitimate operation of existing and future industrial activities within the zone.
Rule IND 4 Performance Standards
1. Bulk and Location -
a) A front yard of 5 metres shall be provided where the site adjoins a State Highway or a Regional Arterial Route. b) Rear and side yards of 4.5 metres shall be provided where a site adjoins any Urban, Transitional or Rural Settlement Resource Area without intervention of a road. c) The maximum height for buildings and structures in the area shall be 12 metres provided that where the site adjoins an Urban, Transitional or Rural Settlement Resource Area, Rule URB 4 (2) shall apply. For the purpose of this rule, chimneys and stacks with a diameter of 2.5 metres or less are exempt from the height restriction; Fire Station hose drying towers up to a maximum height of 15 metres and maximum width of 1.5 metres; and radio and television aerials up to a maximum of 3.0 metres in height above the building to which it is attached, are exempt from the height restriction. d) Non-compliance with this requirement shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the operational requirements of the .... .... industry concerned, and the effect on adjoining activities and transport corridors. e ) The requirements of Rule WAT.3 for the Urban Resource Area (page 130) are to be complied with.
Reason Yards are only required where the site adjoins a major transportation route or a more sensitive environment such as the Urban Resource Area. Yard requirements in these circumstances will minimise adverse effects on such properties.
Chimneys are exempt from height restrictions because they have minimal effect in terms of shading and privacy etc. The operational requirements of many industries are such that chimneys of adequate height are required to ensure that discharges to air are appropriately dispersed.
2. Noise
(a) The provisions of Section 3.13 (page 185) shall apply unless otherwise stated by this Rule.
(b) Corrected noise level, shall not exceed the following limits:
At the boundary of any Residential activity within the Urban, Transitional or Rural Settlement Resource Area
Weekdays and Weekends 7am - 10pm L10 55dBA 10 pm - 7 am L10 45dBA
PROVIDED THAT where a residential activity or a noise sensitive non-residential activity locates with the Industrial Resource Area, it shall be the responsibility of the developer of the newly located activity to ensure that the buildings associated with that activity are designed in such a manner that the noise levels listed here are met within those buildings.
At the boundary of any site within the Industrial Resource Area, and any non-residential activity within the Urban, Transitional or Rural Settlement Resource Area
At all times L10 65dBA
At the boundary of any site within the Rural Resource Area
- as provided for in Rule RRA.10 (page 208).
Reason When industrial activities adjoin more sensitive activities, limits are lower to reduce any adverse effects.
3. Signs
Signs shall conform with the following.
(a) One sign per road frontage for industrial buildings or where no buildings exist on the site, one sign per road frontage. In the case of a multi-occupancy building one directory type sign is permitted per road frontage. (b) Illuminated signs are permitted provided that no signs are flashing. (c) No sign shall exceed the following dimensions:
(i) For horizontal signs - the length of the building frontage and a width of 1.2 metres. (ii) For vertical signs - the height of the building frontage and a width of 1.2 metres. (iii) For pole signs - an area of 3m˛ not exceeding 6 metres in height, with a separation distance of 10 metres between such signs. (iv) Directory Signs - the height of the building it refers to, with a width of no more than 3 metres.
Any activity that exceeds these standards shall be considered as a restricted discretionary activity. Council shall restrict the exercise of its discretion to the effect on amenity values and the effect on the safe and efficient operation of the roading network.
Reason These standards will ensure that signage is presented in a tidy manner and will not constitute a traffic hazard.
4. Servicing and Financial Contributions
The development of any site and the provision of all network utility services to the boundary of the site is the responsibility of the developer and shall be undertaken in accordance with the relevant provisions of Section 3.7 Subdivision (page 137) and Section 3.8 Financial and Reserve Contributions (page 151).
Where any development takes place in an unreticulated area, the site shall be capable of effective disposal of effluent safely within the site
PROVIDED THAT
for sites less than 4,000m˛ or where the activity on the site will generate quantities of effluent in excess of three household units or the equivalent thereof regardless of area, Council shall require a certificate ....
. ... from Council’s Environmental Health Officer or from a person professionally qualified in effluent disposal that effluent can be safely disposed of within the site.
The discharge of contaminants including trade wastes in unreticulated areas must also be in accordance with the requirements of the Otago Regional Council. Consent may be required from the Regional Council regardless of compliance with this rule
Reason Effluent can have significant environmental effects in terms of odour, contamination of water supplies, and other health hazards. As no minimum site sizes have been set, the size of any sites in unreticulated area will be determined by the sites ability to dispose of effluent effectively.
5. Storage
Any area used for or proposed to be used for storage purposes that is not enclosed or partly enclosed by a covered building shall be screened from the view of any public road, reserve, other public land, or any other adjacent site boundary or resource area boundary.
Such screening shall be erected or planted to a suitable height and density so as to mitigate adverse visual effects and dust effects that have the potential to occur and shall not impede visibility on adjacent roads provided that no waste material, including animal waste shall be stored, stockpiled, or disposed of in a manner that attracts or increases habitats for flies, rodents, vermin or insects and birds.
Reason Storage of materials can have adverse effects on adjoining properties particularly in terms of visual amenity values and the attraction of vermin etc.
6. Landscaping
All sites adjoining public roads, reserves or other public land, or adjacent resource areas shall be screened from the view of those sites. Such screening shall be erected or planted to a suitable height and density so as to mitigate the adverse visual effects that have the potential to occur and shall not impede visibility on adjacent roads. Any such screening shall be appropriately maintained.
Reason Industrial sites can have adverse effects on the visual amenity values of the District.
7. Earthworks
Earthworks not required for construction of a building for which a building consent has been issued that exceed the following:
(a) An excavation depth or fill height exceeding 3 metres, or (b) the removal or the depositing of material exceeding 250 mł, or (c) an area of earthworks exceeding 1000 m˛, or (d) involve the use of explosives
are a restricted discretionary activity.
Council shall restrict the exercise of its discretion to the following matters:
· The effects of noise and dust emission; · The effects of any blasting required; · The extent, timing and duration of bare ground; · The location, timing of construction, design and density of the earthworks; · The control of run-off; · The disposal and stabilisation of waste material or fill; · The effects on waterbodies; · The effects on slope stability; · Measures to avoid, remedy or mitigate adverse visual effects; · The effects of traffic generated by the activity. · The effects on stormwater flows · The need to protect survey marks · The effects on structure supports, including structures on other properties · The effects on infrastructure and utility services (including stormwater systems, and manhole or service covers) in particular the retention of appropriate cover, the retention of practical access to them and the recognition of loading weights.
This rule does not apply to earthworks associated with the construction of utility services and roads (including works within road reserves for footpaths, drainage systems etc.) authorised by this plan or appropriate resource consents.
Any application under this rule will generally not be notified or served. Where any neighbouring property owners are considered to be affected by any application, the notice of the application will be served on them unless all persons who may adversely affected have given their written approval to the application
Reason
Earthworks in urban areas can have a significant adverse effect on neighbouring properties, stormwater flows, utilities and infrastructure. These effects can include noise, vibration and dust emissions from blasting and traffic generation and potential effects on stability and water quality. Council has developed a tiered approach to the control of earthworks. Only large-scale earthworks exceeding the limits set out above will require assessment through the resource consent process. Small-scale earthworks involving less than an area of 500m2 and 25m3 do not require any authorization. Earthworks of a scale greater than this but less than the levels listed above will require an earthwork permit under Councils Bylaw.
To assess the effectiveness of these policies and rules Council shall analyse complaints received.
Reasons Complaints received are a ready guide as to how effective Council’s objectives and policies are in maintaining amenity standards.
4.4.6 ANTICIPATED ENVIRONMENTAL RESULTS
1. Adverse effects on properties adjoining Industrial Resource Areas will be reduced.
2. A density of development in unreticulated areas that would avoid or mitigate contamination of groundwater.
3. No conflict is experienced between industrial activities and non-industrial activities within the zone.
In considering the issues of the District’s Rural Resource Areas, Council identified several areas of concern in relation to residential development. Intensive residential development in rural areas compromises the open space amenity values of the District, and adversely affects soil and water quality. The third issue identified - the unsustainable development of public resources as a result of residential development - has dictated the need for stronger controls on residential activity on the fringe of some urban areas. These areas have been identified as Transitional Resource Areas on the Planning Maps.
The following are considered to be the significant resource management issues found in the Transitional Resource Area.
· Residential development adjacent to Urban Resource Areas places pressure on Council to extend public network services creating a situation which promotes unsustainable management of the District’s Urban environment.
Explanation The sporadic and uncontrolled development of residential activity on the fringes of towns places pressure on Council to extend public services into areas for which current schemes are not designed to reticulate. Succumbing to this pressure leads to the unsustainable development of such services.
· The cumulative effect of septic tank drainage systems is adversely affecting water quality.
Explanation Intensive development utilising septic tank drainage causes problems such as contamination of groundwater, pollution of waterbodies, poor drainage, odour and other health related problems. With these areas being subjected to intensive development pressure stronger controls are justified.
The Objectives and Policies of the Urban Resource Area will also apply to the Transitional Resource Area unless this section provides otherwise. The following objectives and policies are specific to the Transitional Resource Area.
To achieve a density of development which avoids or mitigates adverse effects on water quality and network services.
To avoid the adverse effects of development on water quality.
Explanation The cumulative effect of development in these areas leads to a lowering of water quality. The increasing pressure for development these areas are under will compound the problem. Development will be controlled to avoid these problems. (Refer Rule TRA. 2)
To mitigate the effects of having to extend or upgrade public network services into these areas.
Explanation Upgrading or extending network utility services to supply areas outside the schemes design capacity has the effect of making that resource unsustainable. Those who receive the benefit should bear the cost without the general ratepayer having to contribute. (Refer Rule TRA.3)
Rule TRA.1 Other Applicable Rules
Any activity undertaken within the Transitional Resource Area shall take place in accordance with the rules of the Urban Resource Area set out in Section 4.3.5 at page 226, and the rules of Section 3 of this Plan, unless this Section provides otherwise.
Rule TRA.2 Subdivision and Minimum Site Areas
(i) Any activity (other than network and public utilities) shall require a minimum site area of 4000m˛.
Reason Establishment of a minimum site size is seen as the most efficient, cost effective and the most easily understood mechanism to control density of development.
The 4000m˛ minimum area is recognised by Council as an adequate area to dispose of effluent wholly within the confines of the site. This area also has an historical association with such places as Tokoiti.
The minimum area also ensures a low density of development in these areas which should reduce the cumulative effects on water quality, and ensures that reticulation can be eventually provided on a sustainable basis.
(ii) Subdivision is a restricted discretionary activity.. Council shall restrict the exercise of its discretion to those standards and matters set out in Rule SUB 1(d) and SUB.4 (page 142).
PROVIDED THAT
subdivision of any site to below the 4000m˛ minimum area (other than for public utility and network operations) is a prohibited activity until such time as the site is fully reticulated.
Reason When reticulated waste disposal systems are provided Council will consider resubdivision of minimum site areas as the threat to health and water quality will have been reduced or mitigated against.
Rule TRA.3 Network Utility Services
No Council Network Utility Service shall be extended into these areas unless
· the developer is prepared to pay the cost of extending and/or upgrading any such service;
OR · the extension or any upgrading required can be economically funded by the particular neighbourhood it would serve.
Reason This rule does not restrict the extension of the network services into these areas but those who benefit from that service must bear the cost.
In terms of Clause 6 Part II of the Second Schedule of the Act, this rule establishes the sequence and timing of providing public works to these areas.
To assess the effectiveness of these policies and rules Council shall
· analyse the number of building consents granted for these Resource Areas; · where deemed appropriate, survey ground water quality; · monitor the need for full reticulation.
Reason Monitoring will establish the trend of development in these areas and will indicate to Council full reticulation systems are necessary.
4.5.6 ANTICIPATED ENVIRONMENTAL RESULTS
1. A density of development that will avoid or mitigate contamination of groundwater.
2. No unsustainable extension of public services.
Rural settlements are settlements with an historical subdivision pattern where development has occurred although has not occurred to a degree that was anticipated when the survey was originally undertaken. Consequently there is often a large number of small sites available for development. In determining where development should be permitted to continue, Council considered what development already existed and what level of community facilities were present. Thus where there was a reasonable amount of residential development together with a public facility such as a hall, Council considered it appropriate that development be allowed to continue there. However, where the historical subdivision comprises only a small number of dwellings or none at all, Council reasoned that these areas could not be considered rural settlements and consequently the rules for development in rural areas would apply.
Within the Rural Settlement Resource Area there are also a number of coastal settlements including a number of which have developed without appropriate subdivision and development consents. Council initially considered differentiating between inland and coastal settlements based on the special status given the coast by the Act. However, it was considered that for the most part the issues for each type of settlement were similar, given the fact that the natural character of the coast is not a significant issue in a developed coastal area. Coastal settlements are subject to some unique issues, however, such as the effects of sea level rise, coastal erosion and sand dune migration.
The following are considered to be the significant resource management issues facing the rural settlements in the District.
The loss of population and services in these settlements has created a situation where development is often unsustainable.
Explanation The last decade or so has seen the gradual erosion of public services to rural settlements and a steady decline in population. These trends have adversely affected the viability of these communities and have created a situation whereby maintaining and developing existing resources becomes unsustainable.
The quiet amenity values of these settlements can be adversely effected by some rural activities and by rapid and uncontrolled population growth.
Explanation The quiet, peaceful lifestyle of rural settlements has always been a major attraction and is becoming more appealing to a greater number of people. Activities generating noise, dust etc have the potential to detract from this. Activities that create a rapid and uncontrolled growth in population also detract from these values.
Intensive development of these settlements leads to effluent drainage problems.
Explanation Intensive development of small rural settlements can have an adverse effect in terms of drainage and other servicing problems.
· The effects of dynamic coastal processes including sea level rise on low lying rural settlements.
Explanation As noted in Section 4.2 Coastal Resource Area, sea level is rising in New Zealand. A number of settlements in the Clutha District are threatened such as Toko Mouth, Jacks Bay, Newhaven and Willsher Bay. A number of settlements are also affected by other dynamic coastal processes such as erosion, sand dune migration etc.
To maintain the low density and quiet amenity values of rural settlements.
To promote the sustainable management of public services developed in rural settlements.
To take into account the fact that some natural features may migrate inland as the result of dynamic coastal processes when considering subdivision, use and development of rural settlements located in the coastal environment.
To restrict rural settlement development to within the existing historical subdivision pattern unless unique circumstances or a change in circumstances necessitates otherwise.
Explanation Development of these settlements has occurred on the existing subdivision pattern and to protect the surrounding rural amenity values and to reduce the effects of sporadic development in the rural area it was felt that development should continue to be limited to existing sites. (Refer to Planning Maps)
To ensure that the subdivision, use and development of the Rural Settlements of the District promotes the sustainable management of reticulation and roading services.
Explanation Development of rural settlements should not take place at the expense of the general ratepayer. By maintaining a low density settlement the need for unsustainable public reticulation systems will be reduced. (Refer to Rule RST.2, 4, 6 and 8)
To avoid, remedy or mitigate the adverse effects that activities can have on the amenity values of rural settlements.
Explanation The attraction of these small rural settlements to many people is the quiet peaceful lifestyle. Maintaining the low density of these settlements will continue to protect these values. (Refer to Rule RST.1 to 9)
To manage new subdivision, use, and development to ensure that it is located and designed so that the need for hazard protection works is avoided.
Explanation Dynamic coastal processes (including sea level rise) can cause the inland migration of natural features. New subdivision, use and development must recognise and provide for such a possibility. This policy reflects Policies 3.4.4. and 3.4.5 of the New Zealand Coastal Policy Statement.
Any activity must conform with the provisions of Section 3 of this Plan.
Note in particular;
3.3 Transportation (page 71). 3.5 Heritage (page 99). 3.9 Natural Hazards (page 165). 3.11 Other Environmental Issues (page 173). 3.12 Signs (page 179). 3.13 Noise (page 185).
Rule RST 2 Residential Activities
Except as provided for by Rule RST.5(b), any residential activity is a permitted activity provided that:
(i) the minimum site area is not less than 1600m˛ and the criteria of Rule RST.8 can be met.
PROVIDED THAT
the minimum site area does not apply to existing urban sites in Pounawea and Papatowai
(ii) A potable supply of water can be provided to each residential unit.
(iii) (iii ) Adequate vehicular access is provided, and that where such access is not on legal roadline, or is on unformed or non-maintained roadline, the construction and maintenance of that access shall be the sole responsibility of the owner and must be in accordance with the relevant Council .... .... standards as set out in Section 3.2 of this Plan in particular, Rule TRAN.1 and Rule TRAN.4
PROVIDED THAT
where access is to be directly onto a State Highway, the provision of access shall be considered as a restricted discretionary activity. Discretion shall be restricted to the effect of the design and location of the access point on the safe and efficient operation of the State Highway.
(iv) The requirements of Rule URB.4 (page 227) are met; and.
(v) That in respect of Newhaven, evidence is submitted to Council which clearly establishes that the threat of erosion, slippage or subsidence has been avoided.
Reason In permitting residential development in these settlements, Council's aim is to maintain low density settlements, reflecting existing amenity values, and to ensure that effluent can be disposed of adequately within the site boundary. Developers are also to provide other services (such as roading and water supply where no supply exists), which will minimise the impact on public expenditure on these services. Newhaven is subject to coastal erosion and this must be recognised before any development takes place.
Multi‑unit Papakaika housing is a controlled activity, and shall be assessed in accordance with the standards, terms and controls set out in Rule MA0.4 (page 67).
Rule RST 4 Non‑Residential Activities
Any non‑residential activity, other than those activities listed in Rule RST 5 where
• Access to public oads is providd in accordance with Rule TRAN.4 (page 76) • Loading facilities are provided in accordance with Rule TRAN. 5 (page 77) • Parking is provided in accordance with Rule TRAN.6 (page 78) • The requirements of Rule RST. 7 and 8 are complied with • An adequate supply of potable water is supplied for the needs of the occupier is a controlled activity.
PROVIDED THAT:
where access is to be directly onto a State Highway, the provision of access shall be considered as a restricted discretionary activity. Discretion shall be restricted to the effect of the location and design of the access point on the safe and efficient operation of the State Highway.
Council shall exercise its control in respect of:
(i) the size, design and location of signs and their effect on visual amenities. (ii) the effect on amenity values. (iii) bulk and location of buildings.
Any activity that does not comply with these standards shall be considered as a discretionary activity.
Reason It is not envisaged that such settlements will ever attract large scale retail, commercial or industrial activities. The effects of small scale developments can be mitigated by conditions of consent. It shall be noted that temporary military training activities are not considered nonresidential activities (see definition of Non-Residential Activities ‑ page 253).
Rule RST 5 Discretionar v Activities
(a) Any activity that has the effect of generating, or the potential to generate,
(i) noxious, hazardous or objectionable wastes, (ii) volumes of heavy traffic, (iii) excessive or nuisance noise types, or (iv) uses or stores hazardous substances shall be considered as a discretionary activity
Reason These types of effects are generally incompatible with the predominantly residential nature of these settlements. These effects have the potential to adversely effect the quiet amenity of these areas.
(b) The addition to or construction of buildings and structures within 20 metres each side of the centre line of high voltage transmission lines designed to operate at or over 110 kv is a discretionary activity.
PROVIDED THAT
This rule does not apply to fences or buildings not occupied by human or animals for whatever purpose.
Reason This rule will ensure that the public is reasonably protected from live transmission lines in the event of an emergency which results in a line failure. It will also enable ease of operational access by the network utility operator for maintenance and upgrading purposes.
Fences and buildings that are not occupied or used by humans or animals are not subject to this restriction
(c) The planting of production forestry shall be a discretionary activity.
Reason Production forestry in an area that has a significant residential component can have signficant adverse effects on the amenity values of neighbouring properties. Such adverse effects can include shading, obscuring of view, and a potential fire risk.
(i) Further subdivision in the following settlements is a non‑complying activity; • Bull Creek • Toko Mouth • Willsher Bay • Newhaven
Reason Toko Mouth, Willsher Bay and Newhaven are all located in a coastal hazard area. There is room for further development within the existing subdivision pattern. In light of the risk from natural hazards to these sites, Council considers it prudent to restrict further subdivision. Bull Creek is a unique settlement in that none of the existing dwellings have individual title. Furthermore, the area is identified as an area of natural character. Council considers it appropriate that no further development be permitted here until such time as the issue of land tenure is resolved.
Effluent disposal is also seen as a potential problem in some areas of Bull Creek and Toko Mouth.
(ii) Subdivision in the remaining Rural Settlements Resource Areas is a restricted discretionary activity provided the following standards are complied with:
• the site has a minimum area of not less than 1600m2, provided that this does not apply to network and public utilities, and • the site is capable of the adequate and safe disposal of effluent in terms of Rule RST.8 (page 246) • the standards set out in Rule SUB.4 (page 147) are met.
Council shall restrict the exercise of its discretion to those matters set out in Rule SUB. 1(d).
Reason Provided subdivision recognises the site requirements in relation to effluent disposal in these settlements, the other effects of subdivision, such as access, can be adequately dealt with by conditions attached to any consent. The 1600ml minimum will retain the low density of these settlements.
Rule RST 7 Noise Performance Standard
(i) The provisions of Section 3.13 (page 185) shall apply unless otherwise stated by this rule. (ii) No activity shall generate a corrected noise level that exceeds the following noise limits:
Weekdays and Weekends
lam‑l0pm L10 55dBA l0pm‑lam L10 45dBA
Reason Noise can have a great effect on amenity values. Council's 1993 Noise Study of the District established these levels as appropriate for Rural Settlement Areas.
Rule RST 8 Site Performance Standard
All sites shall be capable of the effective disposal of effluent safely within the site
PROVIDED THAT
for any site below 4000m2 Council shall require a certificate from Council's Environmental Health Officer or from a person professionally qualified in effluent disposal that effluent can be safely disposed of within the site.
Where a site:
(i) Cannot adequately or safely dispose of effluent, or (ii) the cumulative effect of disposing of that effluent in the manner selected is or could potentially have an adverse affect on the environment,
the activity generating the effluent on that site shall be considered a non‑complying activity.
Reason Rural settlements are unreticulated and consequently intensive development can have a significant effect on the environment, particularly in terms of amenity values and water quality. Council therefore considers that any activity that generates unsafe effluent loads shall be considered as non‑complying activities.
The keeping and/or grazing of animals, excluding intensive farming activities, is a permitted activity provided adverse effects on adjoining properties and the margins of rivers, lakes and coast are avoided or mitigated.
Reason The grazing of horses, sheep and the keeping of poultry are generally accepted practices in these settlements. Provided animals are not "factory farmed" for commercial purposes, adverse effects are minimal.
To assess the effectiveness of these policies and rules Council shall analyse complaints received
Reason Complaints received are a ready guide as to how effective Council's objectives and policies are in maintaining amenity standards.
Method RST.2 Notification Requirements
Except as otherwise stated, controlled activities and restricted discretionary activities will generally be considered without notification or the need to obtain written approval of affected persons.
4.6.6 ANTICIPATED ENVIRONMENTAL RESULT
1. Maintenance of low density development. 2. Maintenance of quiet rural‑residential environment. 3. Stabilisation of rural population. 4. Maintenance of environmental quality.
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