Manukau City Council

3.A.3 Objectives

3.A.3.1  To have regard to tangata whenua’s right to exercise rangatiratanga and kaitiakitanga over ancestral lands, waters, sites, waahi tapu and other taonga.

3.A.3.2 To enable tangata whenua’s right to exercise rangatiratanga and kaitiakitanga over ancestral lands, waters, sites, waahi tapu and other taonga.

3.A.3.3  To ensure appropriate priority is afforded to the relationship of tangata whenua and their culture and traditions with their ancestral taonga.

3.A.4 Policies

3.A.4.1  Tangata whenua should be enabled to fully participate in resource management processes and actively consulted in a way that:

1. fosters partnerships and relationships with representative tangata whenua authorities  (including iwi authorities);
2. avoids models which lead to adversarialism;
3. recognises and respects marae authority and affiliations;
4. respects the role of kaumatua;
5. acknowledges historical circumstances and impacts on resource needs;
6. respects tikanga Maori (Maori customary values and practices).
7. acknowledges the rights of hapu to speak and act on matters that affect them.

3.A.4.2 Adverse effects of development on tangata whenua’s taonga and tangata whenua’s relationships with taonga are to be avoided, remedied or mitigated.

6.3 Objectives

6.3.1 To preserve or protect the heritage values of a diverse and representative range of natural, physical and cultural resources within Manukau.

6.3.2 To actively protect tangata whenua taonga from being damaged, destroyed or desecrated.

6.4 Policies

6.4.2 Adverse effects of development on the City’s heritage resources should be avoided, remedied or mitigated.

6.4.3 Adverse effects on tangata whenua taonga and their relationship with taonga should be avoided, remedied or mitigated.

6.4.6 The assessment of effects on tangata whenua should occur in a way that respects tikanga Maori (Maori customary values and practices).

6.4.7 Tangata whenua should be actively consulted where activities have the potential to adversely affect taonga or tangata whenua’s relationship to taonga and in particular where development involves:

1. “greenfield” subdivisions;
2. coastal areas;
3. activities near scheduled waahi tapu and archaeological sites;
4. activities near identified archaeological sites;
5. activity in the vicinity of papakainga areas;
6. activities that can adversely affect inland waterways.
7. public open space that contains heritage resources of value to tangata whenua

Rule 6.9.1 Activities involving Scheduled Heritage Resources

Activities involving Heritage Resources shall comply with the following:

(a) All permitted activities in 6.9.2 Activity Table shall also comply with other zone based rules applying to heritage resources;

(b) All discretionary activities in 6.9.2 Activity Table shall be assessed against those matters for discretion specified in Section 6.12 Assessment Criteria - Discretionary Activities together with the relevant matters set out in S.104 of the Act;

(c) For notification procedures under the Resource Management Act 1991 see 5.2.2, 5.2.3, 5.2.4, and 5.3.3.1 of Chapter 5 General Procedures and Rules. Special care will be taken to consult with tangata whenua where their taonga may be adversely affected.

(d) Unless special circumstances exist, applications for resource consent under rule 6.9 as restricted discretionary activities shall not be notified, and the written approval of affected persons need not be obtained.

(e) For controlled activities section 94(i)(c) shall apply.

7.3 Objectives

7.3.1 To protect the environment of the city including heritage, visual, aural and other amenity values from adverse effects of network utility services and enable efficient traffic movements as far as practicable.

7.3.2 To protect people from adverse effects that network utility services may have on people's health and safety.

7.3.3 To enable the efficient and effective provision of network utility services to support the development and functioning of other activities, promote sustainable management of resources, and to protect the operational efficiency and safety of network utility services in the city.

7.3.4 To co-ordinate land use and infrastructure planning to achieve the efficient and effective provision, operation and maintenance of network utility services in the city.

7.4 Policies

7.4.1 Network utilities services should be sited and designed in such a way that:

1. minimise adverse effects on quality of visual and other amenity values of the environment as much as practicable;
2. enables reasonable on site amenity regarding design, landscaping and screening for neighbouring properties;
3. avoids adverse effects on sites, buildings, places or areas of heritage and archaeological values;
4. is sensitive to adjacent activities;
5. is timely, and of adequate technical standards and capacities to support the potential scale and timing of development in the area served by the particular network;
6. allows for the provision and efficient operation of other network utility services to adequate technical standards and capacities to support the needs of the ultimate areas they are required to serve.

7.4.2 Network utility services should be installed, operated and maintained in such a way as to:

1. avoid, remedy or mitigate the potential discharge of contaminants to the environment;
2. avoid, remedy or mitigate potential adverse effects on the health, safety and wellbeing of people and communities.

7.4.3  Network utility services shall be sited in such a way that:

1. avoids adverse effects on network utility services in the vicinity;
2. avoids or minimises adverse effects on the safety of other network utility services;
3. minimises disruption and interference to other network utility services.

7.8 RULES - ACTIVITIES

7.8.1 Activities - City-Wide

(a) All network utility services listed as permitted activities in Rule 7.8.2.1 shall comply with Rule 7.9 General Development and Performance Standards.

(b) All network utility services listed as controlled activities in Rule 7.8.2.1 shall comply with Rule 7.9 General Development and Performance Standards and Council shall exercise control over those matters specified in Rule 7.11.

(c) All network utility services listed as discretionary activities shall be assessed against the Assessment Criteria in Rule 7.13, together with the other relevant matters set out in S104 of the Resource Management Act 1991.

(d) Any network utility service not listed below is a non-complying activity.

(e) For notification procedures under the Resource Management Act 1991 see Rules 5.2.2, 5.2.3, 5.2.4 and 5.3.3.1 of Chapter 5 - General Procedures and Rules.

(f) Notwithstanding the aforementioned provisions, at the time of lodgement of an application for resource consent for a Controlled or Restricted Discretionary Activity to establish equipment or structures for network utility services on or above roads, the applicant will be required to demonstrate that consultation has taken place with affected parties. The presumption is that the written consent of affected parties will not be required.

Under the Activity Table, the line is a Discretionary Activity in this section (Buildings, equipment or structures, or any mast, aerial, tower, pole, antenna or support structure for a network utility service throughout the city, not being permitted or controlled or restricted discretionary activities).

7.14 ASSESSMENT CRITERIA: DISCRETIONARY ACTIVITIES

7.14.1 General Assessment Criteria

7.14.1.1 Where equipment or structures for network utility services, including any mast, aerial, tower, pole, antenna or support structure for network utility services are to be considered as a discretionary activity, the Council will have regard to those matters listed in Rule 7.11, 7.12, the following assessment criteria and any relevant matters set out in Section 104 of the Resource Management Act 1991.

7.14.1.2 (a) Effects on existing character of the locality and amenity values:

(i) Whether there are sensitive activities in the vicinity including residential neighbourhoods and heritage areas whose amenity values could be adversely affected by the proposed type and location of the network utility service.

(ii) Whether the proposal has the potential to adversely affect landforms, landscapes, or areas of visual or scenic worth which contribute to the amenity values of the City, particularly where those areas are located on the coast or along visually prominent ridgelines.

(iii) Whether there are native bush, bird or wildlife habitats that could be adversely affected by the proposal.

(iv) Whether the proposal could have adverse effects on landforms or areas with scientific, cultural or archaeological value. Council shall assess the significance of the affected area and the degree of damage which could result from network utility services in those areas and may limit or not approve network utility services in these areas.

(v) Whether the location of the network utility service in the new road space enables ready access for maintenance purposes and will not seriously limit the opportunity for additional underground network utility services in the future.

(vi) Whether alternative technologies and design have been considered and included in the proposal which would avoid remedy or mitigate adverse effects on the environment.

(vii) Whether the proposal is necessary to support strategic directions in the District Plan

(viii) Noise, Dust and Vibration: Whether the amenity values of properties are likely to be adversely affected by the proposal, and the extent or impacts of such effects

(ix) Engineering Performance Standards: Whether the proposed network utility service will meet the Engineering Performance Standards in Chapter 9, Land Modification, Development and Subdivision, and the extent or impacts of any such non-compliance.

(x) Location: Whether the proposed location of the Network Utility Service will improve the operational efficiency of the network utility service, and the extent or impacts of such effects;

Where alternative locations of network utility services are proposed to accommodate alternative subdivision design or layout, the extent to which these services can be installed, operated and maintained in a manner which does not adversely affect other network utility services.

(xi) Air Emissions: Whether the proposal may discharge fumes, smoke or gases to a level that causes a nuisance or affects the amenity values of the area, and the extent or impacts of such effects;

Whether the activity creates any objectionable or offensive odour that is able to be detected at the site boundary or road and the extent or impacts of such effects.

(xii) Dust: Whether measures to mitigate potential dust nuisance and detraction from visual amenity values of the area have been considered, and the extent or impacts of such effects.

(xiii) Traffic Control: Whether the proposed traffic control measures will ensure the safety of persons and vehicles using the road, and the extent or impacts of such effects.

(xiv) Radio Frequency Radiation: The event to which the proposal complies with NZ Standards 6609 Parts 1 and 2, and the extent or impacts of such effects on health and safety.

(xv) Maintenance and Obsolescence: Whether conditions are required to address adverse effects from future maintenance of the network utility service or to remove the network utility in the event it becomes obsolete.

7.15 ASSESSMENT CRITERIA: DISCRETIONARY ACTIVITIES - EQUIPMENT OR STRUCTURES FOR NETWORK UTILITY SERVICES LOCATED ON OR ABOVE ROADS

Where equipment or structures for network utility services located on or above roads are to be considered as a discretionary activity, the Council will have regard to those matters listed in Rules 7.10, 7.11, 7.12, the General Assessment Criteria in Rule 7.13, and any relevant matters set out in section 104 of the Resource Management Act 1991.

9.3 Objectives

9.3.1     To enable land modification, development and subdivision to proceed in a manner that will maintain or enhance the environmental qualities of the environment.

9.3.2     To preserve or protect areas or features of heritage value.

9.3.3     To ensure that land modification, development and subdivision do not create or exacerbate natural hazards, and that they do not increase the potential for natural hazards to adversely affect the environment

9.4 Policies

9.4.1     Land modification, development and subdivision should occur in a way that:

1. maintains or enhances amenity values by retaining, as far as practicable, existing landscape features such as landforms and significant vegetation, and by minimising the adverse effects of site works and construction, such as by dust, noise, and runoff;
2. encourages land modification, development and subdivision design which creates practicable building sites and the efficient use of infrastructure and urban land and a safe living environment;
3. is consistent with the environmental results envisaged for the relevant zone and area as reflected within any structure plan, and whose character is compatible with any surrounding areas that have already been developed with a similar zoning, and which creates a high quality living environment;
4. provides public open space to mitigate the effects of land modification, development and subdivision and provide for the recreational needs of the community.
5. enhances natural processes and features including natural drainage patterns, protected streams and riparian vegetation to avoid, remedy or mitigate adverse effects on water quality, through all phases of the water cycle from waterborne pollutants;
6. provides a high degree of security and safety;
7. promotes energy and resource efficiency; and
8. preserves or protects areas and features of heritage value.
9. recognises the locational limitations of mineral resources and protects the Quarry Zone and lawfully established mineral extraction sites from the encroachment of sensitive activities that could create ongoing conflicts.

Note:
The effects of transmission lines for electricity need to be controlled, particularly in new urban areas, to minimise risks of electrocution, to provide adequate access for maintenance, to enhance amenity values, and to limit possible additional adverse effects from electromagnetic fields.  Until there is more information as to whether or not there are possible additional adverse health effects from extremely low frequency (ELF) magnetic fields, it is preferred to take a cautious approach.  However, it is acknowledged that for most people, their principal sources of exposure to ELF electric and magnetic fields are electrical appliances and house wiring.

9.4.4     To ensure the provision of coordinated, timely, effective and efficient utility services that:

1. enable the sustainable management of network utility services by co-ordinating their progression to support subdivision and development on an orderly basis to meet the requirements of the proposed activity on the land;
2. to ensure that the transport system laid out at the time of the subdivision and/or development:

• supports the planned roading hierarchy and provides an appropriate distinction and interface between the local, secondary and primary components of the transport network;
• provides good internal access between communities and businesses and the facilities and services serving them;
• has the potential to be efficiently and effectively served by passenger transport; and
• provides a safe and convenient movement network for pedestrians and cyclists.

1. provide a mechanism for the funding of infrastructure and public utility services in a fair and reasonable manner through financial contributions based on the recoupment of Council’s costs generated by the provision of services to that subdivision or development, and with a maximum level sufficient to allow the Council flexibility to determine an adequate contribution to infrastructure and public utility services in each case.
2. require financial contributions for the purpose of stormwater quality on a catchment basis to mitigate effects on the receiving environment.
3. require financial contributions for the purpose of acquiring and developing public open space areas and esplanade reserves at the time subdivision and development of land occurs.

9.8 RULES - ACTIVITIES

9.8.1 Activities - City-wide

Rule 9.8.1.1 All permitted activities listed in Rule 9.8.2 shall comply with the standards specified under Rule 9.9 General Development and Performance Standards and Council’s Engineering Performance Standards.

Rule 9.8.1.2 All controlled activities listed in Rule 9.8.2 shall comply with Rule 9.9 General Development and Performance Standards and Council’s Engineering Performance Standards. Council shall exercise control over those matters specified in Rule 9.10, and applications will be assessed against the assessment criteria for controlled activities in Rule 9.12.

Rule 9.8.1.3 All restricted discretionary activities listed in Rule 9.8.2 shall comply with Rule 9.9 General Development and Performance Standards and Council’s Engineering Performance Standards, and will be assessed against the matters to which discretion is restricted under Rule 9.11.

Rule 9.8.1.4 Unless special circumstances exist, applications for resource consent under Rule 9.8 as controlled or restricted discretionary activities shall not be notified, and the written approval of affected persons need not be obtained.

Rule 9.8.1.5 All subdivision shall comply with the subdivision rules in the relevant zone, and the relevant assessment criteria shall also apply. In addition, subdivision shall also comply with the relevant Structure Plans in Chapter 16 - Future Development Areas.

Rule 9.8.1.6 For notification procedures under the Resource Management Act 1991 see Rules 5.2.2, 5.2.3, 5.2.4 and 5.3.3.1.

Rule 9.8.1.7 Before undertaking any land modification, development or subdivision, including in coastal locations, there is a need to refer to relevant regional plans and the Department of Conservation’s Management Strategy Maps, Vol. II.

Rule 9.8.1.8 Before undertaking any land modification, development or subdivision, especially in coastal locations, there is a need to refer to Regional Planning Documents and/or the Auckland Regional Council, including the Objectives, Policies and Methods in the Proposed Regional Plan – Erosion and Sediment Control.

Rule 9.8.1.9 The matters over which Council has reserved control are specified under Rule 9.10.

Rule 9.8.1.10 The matters over which Council has restricted the exercise of its discretion are specified under Rule 9.11.

9.9 RULES - DEVELOPMENT AND PERFORMANCE STANDARDS

9.9.1 General Development and Performance Standards

Rule 9.9.1.1 Application

All permitted activities for land modification and development shall comply with the requirements specified under this Rule. All controlled and restricted discretionary activities shall also comply with the relevant terms and standards for the particular activity specified under this Rule. Any application for consent for subdivision as a controlled activity which cannot meet the Development and Performance Standards set out in Rule 9.9 shall be considered as a restricted discretionary activity in respect to the matter(s) to which it does not comply. In doing so, the Council shall have regard to the extent and effect of any non-compliance and the presence of exceptional factors such as topography and natural hazards, and features to be protected which would make compliance impractical.

Rule 9.9.1.2 Site Preparation

(a) No person shall commence any site works or the removal of vegetation unless such activities are expressly permitted in this plan, or a resource consent has been obtained except for investigatory work essential to fulfilling the requirements of Rules 5.13 or 9.13 or both, provided that such work does not have any adverse effects on any scheduled trees or other heritage resources.

(b) Sites where the finished building site level is not less than 0.5 metres above the following Reduced Levels (L & S Datum):

• 3.39m in catchments draining to the Manukau Harbour; or
• 2.90m in catchments draining to the Waitemata Harbour or Hauraki Gulf.

(c) Finished ground level for potential building sites areas shall meet the following standards relating to freeboard regarding 1% Annual Exceedence Probability levels:

For the purpose of this rule minor overland flowpaths are those subject to flows of up to 200 litres a second.

(d) All gully traps are to be located at a level which avoids direct entry of stormwater. Where sites adjoin minor overland flowpaths fully formed in permanent materials (such as driveways and paths), open watercourses and streams, gully traps shall have a minimum freeboard as specified in (c) above.

Rule 9.9.1.3 Dust

Activities shall not create a dust, fume or smoke nuisance. A dust, fume or smoke nuisance will be deemed to have occurred if:

(a) There is visible evidence of suspended solids/particulate matter in the air beyond the site boundary; and/or

(b) There is visible evidence of deposited particulate matter traceable from a subdivision or land modification activity, settling on the ground, building or structure on an adjoining site or waterbody.

Rule 9.9.1.4 Air Emissions

No activity shall discharge fumes, smoke or gases to a level that is likely to cause a nuisance or affect the amenity values of the area.

Rule 9.9.1.5 Odour

Activities shall not create an objectionable or noxious odour which is detectable at the boundary of a neighbouring property.

Rule 9.9.1.7 Sediment Control

(a) Every person has a duty to avoid, remedy or mitigate the discharge of sediment from any site where land modification, development or subdivision activity is occurring or where the site is left in a state which has the potential for sediment discharge which gives rise to the effects, listed in (b) below. Such action shall be taken as may be necessary by the owner and/or occupier to remedy the situation to the Council’s satisfaction. One or more sediment retention or filtering mechanisms may be necessary to ensure that this standard can be met.

(b) Sediment originating from, or within, the site of any land modification activity shall be managed in such a way to ensure that after reasonable mixing it does not give rise to any of the following effects to the receiving waters:

• the production of any conspicious scums or foams or floatable suspended materials;
• any conspicious change in the colour or visual clarity;
• any emission of objectionable odour;
• the rendering of fresh water unsuitable for farm animals;
• any significant adverse effect on aquatic life.

In the event of a sediment discharge occurring, or in the reasonable opinion of a delegated Council officer, the site is left in a state which has the potential for sediment discharge which gives rise to these effects, such action shall be taken as may be necessary by the owner and/or occupier to remedy the situation to the Council’s satisfaction. One or more sediment retention or filtering mechanism may be necessary to ensure that this standard can be met.

(c) Any sediment retention measure installed shall be cleaned out before it is 50% full of sediment, and this removed material shall be deposited in a manner which ensures that it cannot wash to any water bodies or coastal waters.

(d) All measures to mitigate against the discharge of sediment from a site shall:

(i) be implemented prior to the commencement of any land modification activity;

(ii) be retained until the land-disturbing activity has been completed, and/or the potential for sediment discharge has ceased.

(e) All bare earthworked surfaces shall be revegetated as soon as practicable. Hydroseeding, grassing or other means of revegetation shall be carried out on a progressive basis as soon as the earthworks have been completed on a particular part of the site.

(f) All clearance of riparian vegetation shall be undertaken in such a manner as to prevent debris entering any watercourse. Where the felling of trees into a watercourse cannot be avoided, the trees shall be hauled out full length before delimbing or heading. Note:

Schedules 6B and 6C in Chapter 6, Heritage, may apply.

(g) Vehicle movements to and from the site shall not result in any material being deposited on any public road.

Rule 9.9.1.8 - Runoff Control

(a) Earthworks, roading, tracking and trenching activities shall be isolated from the path of any runoff from surrounding land to prevent it from washing across the site and eroding sediment from the bared earth.

(b) Any measures used to control the path of any runoff from surrounding land shall:

- be capable of containing the flow from the critical 20 year return period rainfall event;

- be constructed on a grade to avoid erosion. For bare unlined surfaces this grade shall be no greater than 1%;

- have an erosion-proof outfall;

- protect all overland flowpaths, including natural and formed.

(c) On completion of the land-disturbing activity, the site shall be secured to prevent the generation and discharge of any further sediment from the activity to any receiving waters.

Rule 9.9.1.9 - Land Stability

All earthworks shall be undertaken in a manner which ensures that the land within the site and on adjoining properties remains stable at all times and does not compromise future proposed building and roading uses for the zone within which it is located.

Rule 9.9.1.10 - Services

Earthworks shall be undertaken in a manner which does not cause malfunction or result in damage to utility services, or change the cover over utility services so as to create the potential for damage or malfunction.

Rule 9.9.1.11 - Flooding

Earthworks shall result in final levels which do not affect overland flowpaths or increase flood hazards.

Rule 9.9.1.12 Other Standards

The following relevant performance standards in other parts of this Plan:

(a) Artificial Lighting - Rules in section 5.18.2 Chapter 5, General Procedures and Rules shall apply.

(b) Noise and Vibration - Refer to relevant zone standards and General Procedures and Rules - Chapter 5.

(c) Clean Fills - The relevant rules in Chapters 12, 13 and 14 shall apply.

(d) Signs - The rules in General Procedures Chapter 5 shall apply.

(e) Hazardous Facilities and Substances - The rules in Chapter 10.1 shall apply.

(f) Public Open Space and Reserves Contribution, Esplanade Reserves and Esplanade Strips - The rules in Chapter 15 Public Open Space Rule 15.15 shall apply.

9.9.4 Other Matters

Rule 9.9.4.1 Grounds for Refusal of Consent to Land Modification, Development and Subdivision

The Council will refuse any application for subdivision consent where in its opinion the circumstances outlined in Section 106(1)(a) and (b) of the Act are likely to occur.
In addition, the Council may refuse consent where the provision of services is inadequate to serve the proposed subdivision or development; or does not satisfy the performance criteria set out in Appendix 1 to the Chapter, with respect to the wider catchment beyond the subdivision or development. The Council shall not grant a consent to land modification or subdivision if it considers that either:
(i) the land in respect of which the activity is proposed is not suitable;
(ii) the proposed activity would not be in the public interest; having regard to the objectives and policies of the Plan and the efficient use of resources including land.

10. Hazardous Facilities and Substances

10.1.3 Objectives

10.1.3.1 To protect the environment from the adverse effects and risks from facilities and activities involving the use and/or storage, and transport of hazardous substances.

10.1.3.2 To protect the community and its assets from unacceptable risks from hazardous facilities and substances.

10.1.4 Policies

10.1.4.1 Hazardous facilities and activities involving the use and/or storage of hazardous substances should be managed in such a way that avoids, remedies or mitigates adverse effects and unacceptable risks to the environment, human health and property, including:

1. contamination of water, soil and air;
2. short and long-term damage to ecosystems;
3. accumulation of persistent substances in the bodies of humans and animals, resulting in chronic and/or long-term damage to their health;
4. acute damage to human health through exposure to substances affecting skin, mucous membranes, respiratory and digestive systems; and
5. damage through fire and explosion events.

10.1.4.2 Hazardous facilities and substances should be managed to ensure they do not cause levels of risk that are incompatible with those of surrounding land use activities by:

1. managing the off-site risks to minimise their effects beyond the site boundary;
2. ensuring that the cumulative effects of the operation of hazardous facilities do not cause unacceptable risks to the environment or community.

Rule 10.1.8.2.1 Determination of Consent Status

(a) The Consent Status Matrix forms the basis to determine the consent status of any hazardous facility, and to determine whether an activity is permitted, controlled or discretionary. The Matrix lists Effects Ratio trigger levels against which the Effects Ratios calculated for the HFSP are compared to determine the consent status of a hazardous facility in a particular zone.

(b) The Consent Status Matrix provides a signal to hazardous facilities operators as to which zones are best suited for a proposed development, what controls will apply, and the likely outcome of a consent application. In addition, communities will be given some certainty over where hazardous facilities are likely to be located.

12.3 Objectives

12.3.1   To manage the rural land and soil resources in such a way that they:

1. retain their productive potential, and
2. minimise soil erosion.

12.3.2   To protect significant areas of indigenous vegetation and fauna occurring in the rural area.

12.3.3   To protect and enhance the rural character and amenity values of the rural area.

12.3.4   To preserve or protect landscapes of outstanding value and maintain rural landscape character and diversity.

12.3.6   To recognise the relationship of Maori and their culture and tradition with their ancestral land, and protect the environment from the adverse effects of expressing that relationship.

12.4 Policies

12.4.1   The land and soil resource should remain in a title structure that enables a range of activities to occur and operate in a way which efficiently and effectively utilises the soil and land resources.

12.4.2   Buildings, structures and activities in the rural area should not:

1. compromise the future productive potential of the land and soil resources of the City, particularly high quality soils.
2. accentuate erosion.

12.4.3   Significant areas of indigenous vegetation which contribute to the rural character, landscape quality and amenity values of the rural area should be retained.

12.4.4   Buildings, structures and activities should be designed, of a scale and sited in a manner which complements the rural character of the site and the cumulative effect should not detract from the amenity values and rural character of the area.  Particularly they should not:

1. detract from the open space character;
2. dominate the site or area in scale, appearance or density;
3. generate significant increases in traffic volumes

12.4.5   Buildings, structures and activities should not create adverse visual effects on particular “sensitive ridgeline and coastal margin areas” and generally should not be sited on ridges, knolls or other landforms, or in the coastal environment.  In particular they should not intrude into or dominate the skyline or the coastal margin.

12.4.6   Activities should not generate adverse noise, dust and odour effects not in keeping with the character of the rural environment.

12.4.7   Activities should be sited, and structures designed and located in such a way that:

1. retains riparian vegetation and wetlands; and
2. avoids discharges of contaminants into rural water courses.

13.3 Objectives

13.3.1 To protect the natural environment from the adverse effects of development in residential areas and to promote the efficient use and development of the City’s resources.

13.3.3 To maintain and enhance the pleasantness and aesthetic qualities of the City’s residential environment.

13.3.4 To ensure that development in residential areas contributes to people’s sense of personal safety, and maintains and enhances pedestrian and vehicular safety.

13.3.5 To enable the establishment of non-residential activities in residential areas where these activities are compatible with the character and qualities of residential areas and residents’ health and safety.

13.3.6 To protect and enhance, unique and representative natural and cultural heritage resources, within the City’s residential areas.

13.4 Policies

13.4.1 Residential areas should be developed in a way that avoids, remedies or mitigates adverse effects of activities on the natural environment including:

1. the water quality of the City’s harbours, estuaries and natural stream system;
2. coastal landscape values; and
3. any identified natural or cultural heritage qualities or features.

13.4.2 Residential areas should be developed and residential activities sited and designed in a way which encourages energy efficiency, supports existing and likely future passenger transport and utilises existing social and physical infrastructure.

13.4.4 Buildings and structures in residential areas should be designed and/ or sited in such a way as to avoid, remedy or mitigate adverse effects on personal, pedestrian and vehicular safety.

13.4.5 Buildings and other structures in residential areas should be designed and/or located in such a way as to:

1. respect any existing aesthetic qualities in the built form such as proportion, scale, style, unity and coherence;
2. contribute to the visual amenity of the streetscape;
3. enable reasonable on-site amenity, including privacy and access to daylight and sunlight;
4. avoid, remedy or mitigate adverse effects on the acoustic environment; and
5. protect any identified heritage qualities in the residential neighbourhood.

13.4.7 Development in residential areas should occur in a way which respects the contribution that areas of ecological importance, land form and vegetation make to:

1. enhancing the visual appearance of residential neighbourhoods; and
2. mitigating adverse environmental effects such as air pollution.

13.4.8 Activities within residential areas should be compatible with human activities such as sleep, the learning process and communication.

13.4.9 Activities within residential areas should be in keeping with residential intensity, residential character and use of buildings, and should not create nuisances such as objectionable noise, smoke, dust, fumes, odours, noxiousness or danger.

14.3 Objectives

14.3.1 To ensure that the quality of the natural environment in and neighbouring business areas is maintained and enhanced.

14.3.3 To maintain and enhance the amenity values within business areas.

14.4.1 Potentially objectionable, noxious or dangerous business activities should be separated from sensitive areas and activities.

14.4.3 Business areas should be developed and business activities sited and designed in such a way as to avoid, remedy and mitigate adverse effects on air and water quality.

14.4.4  Business activities in the coastal environment should be sited and designed in a manner which avoids, remedies or mitigates adverse effects on the amenity values of the coast.

14.4.9 Buildings, carparking areas and other structures in business areas should be designed and located so as to contribute to amenity values in those areas, particularly pedestrian accessibility and visual amenity.

14.4.10 Noise levels from business activities should not exceed standards appropriate to the function and amenity values of the business areas.

15.3 Objectives

15.3.4   To ensure the effective, efficient and safe use of public open space.

15.3.5   To protect the amenity values of neighbouring residential areas.

15.3.6   To maintain and enhance the amenity values of public open space areas.

15.4 Policies

15.4.2   Buildings and Structures on Public Open Space should be designed and/or sited in such a way as to:

1. enhance personal, pedestrian, and vehicular safety;
2. avoid, remedy or mitigate the effects of glare, noise, visual intrusion or loss of sunlight/daylight to neighbouring residential properties;
3. enhance the use of buildings for a variety of purposes;
4. be compatible with the function and predominant purpose of the public open space;
5. ensure access for people with disabilities;
6. enhance the visual amenity of the public open space;
7. avoid blocking overland flowpaths or natural drainage systems;
8. avoid the loss, damage, desecration or deterioration of natural and cultural heritage resources (including the coastal environment and the margins of rivers and streams).

15.10 RULES - ACTIVITIES

Rule 15.10.1 Activities in all Public Open Space Zones

(a) All Permitted Activities in 15.10.2 Activity Table shall comply with 15.11.1 General Development and Performance Standards and any relevant Additional Development and Performance Standards for Specified Activities in Rule 15.11.2.
(b) All Controlled Activities in 15.10.2 Activity Table shall comply with 15.11.1 General Development and Performance Standards including any relevant Additional Development and Performance Standards for Specified Activities in Rule 15.11.2 and Council shall exercise control over those matters specified in Rule 15.12.1.
(c) All Restricted Discretionary Activities in 15.10.2 Activity Table - shall comply with 15.11.1 General Development and Performance Standards including any relevant Additional Development and Performance Standards for Specified Activities in Rule 15.11.2 and Council shall exercise its discretion over those matters for discretion specified in Rule 15.13.1.
(d) All Discretionary Activities in 15.10.2 Activity Table below will be assessed against 15.14.1 General ssessment Criteria - Discretionary Activities together with the relevant matters set out in S104 of the Act.
(e) Any activity not listed in 15.10.2 Activity Table shall be deemed to be a non-complying activity.
(f) Unless special circumstances exist a resource consent for a controlled activity need not be notified and the written approval of affected persons need not be obtained.
(g) In all cases where a resource consent is required in public open space zones 1 and 5 an assessment of effects by tangata whenua will be sought.
(h) For notification procedures under the Resource Management Act 1991 see Rules 5.2.2, 5.2.3, 5.2.4 and 5.3.3.1 of Chapter 5 - General Procedures and Rules.

The line will be a Permitted Activity as it does not pass through any Public Open Spaces. 

16.3 Objectives

16.3.1 To avoid or mitigate the adverse effects of urbanisation on natural and physical resources.

16.3.2 To ensure the sustainable use of natural and physical resources as urbanisation occurs.

16.3.3 To achieve a high standard of design and amenity in new urban development.

16.3.4 To enable the provision of social and community facilities required by the population of new urban areas.

16.4 Policies

16.4.1 Urban development shall be promoted in such a way as to be energy efficient. In particular urban development shall:

• minimise motor vehicle travel;
• encourage pedestrian and cycle access;
• promote convenient access to public passenger transport;
• maximise the use of solar energy.

16.4.2 The release of land for urban development will be staged in a manner which ensures:

• the maintenance of sufficient vacant land zoned for residential activities;
• maintenance of sufficient vacant land zoned for business activities;
• the development of new transport linkages;
• the availability of infrastructural services, utilities and facilities;
• the continued availability of rural land for farming purposes and the retention of rural character until urban development occurs;
• vacant land availability in proximity to existing urban development.

16.4.6 New urban development will occur in such a way that:

• retains natural landforms, vegetation and features where appropriate;
• retains other existing heritage items;
• minimises land recontouring, bulk earthworks and modification of natural streams;
• minimises noise, particularly traffic noise;
• maximises the safety of the population;
• achieves a high degree of access, particularly pedestrian and cycle access within communities;
• ensures that the design of structures is sensitive to the character of the area;
• promotes the provision of adequate public open space opportunities;
• avoids natural hazards.

Plan Change 8

12A.3 Objectives

12A.3.1 To ensure that the landscape character and rural amenity values of the Whitford Rural Area is maintained and enhanced.

12A.3.2 To ensure that subdivision, use and development of land protects and enhances the terrestrial and aquatic ecology of remnant native bush and vegetation, stream and flow channels, wetlands, and estuarine and coastal areas within the Whitford Rural Area.

12A.3.3 To ensure that subdivision, use and development of land is undertaken in a way that avoids, remedies or mitigates land use activity conflicts.

12A.3.5 To provide physical infrastructure such as roading, stormwater and wastewater treatment, solid waste disposal, and power and communications networks in association with land subdivision, use and development in order to manage environmental effects.

12A.3.6 To provide a safe, well-connected and integrated public open space network within the Whitford Rural Area that includes a range of outdoor activities that are easily accessible, offer visual appreciation of the area and protect key areas of ecological, heritage and landscape significance.

12A.3.7 To recognise the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.

12A.4 Policies

12A.4.1 Subdivision, use and development of land shall retain the landscape character and rural amenity values of the Whitford Rural Area.

12A.4.2 Views of the rural landscape from key public vantage points such as public roads (including primary roads) and reserves shall be maintained and enhanced.

12A.4.3 The rural character and outlook of the prominent ridgelines within the Whitford Rural Area shall be maintained and enhanced.

12A.4.5 Management measures shall be applied to ensure that adverse effects on the environment such as damage to coastal areas, land instability, sedimentation of waterways, removal of native bush and vegetation, and soil and water contamination are avoided, remedied and mitigated.

12A.4.6 Subdivision, use and development shall incorporate sustainable management practices as part of the land modification process which:

• retain landscape character and rural amenity values;
• work with the natural characteristics of sites;
• protect and enhance existing remnants of native bush, riparian vegetation and wetlands;
• pursue opportunities to improve biodiversity;
• incorporate stormwater and sediment management options that address runoff and water quality;
• incorporate wastewater treatment options that prevent contamination of soil and groundwater.

12A.4.7 Activities within the Whitford Rural Area including countryside living, shall be located, designed and managed in such a manner as to avoid, remedy or mitigate conflicts between differing land uses.

12A.4.8 Physical infrastructure such as roading, stormwater and wastewater treatment, solid waste disposal, and power and communication networks shall be provided in an efficient and effective manner as part of the subdivision and development of land.