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Section 42A Report - Transpower New Zealand Limited North Island Grid Upgrade

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Franklin District Council

Zone: Rural
Subject to Plan Change 14

Chapter	Relevant Objectives and Policies	Relevant Rules
4. Partnership with Tangata Whenua	4.1.1 Objective – Traditional Relationship To protect the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Policies Adverse effects on Tangata Whenua’s ancestral lands, water, sites, waahi tapu, and other taonga and on their relationship with such should be avoided, remedied or mitigated. The assessment of effects on Tangata Whenua should occur in a way that respects Maori customary values and practices. Tangata Whenua should be consulted where activities have the potential to adversely affect ancestral lands, water, sites, waahi tapu, and other taonga.
5. Conservation of Natural Features	5.2.1 Objective – Ecosystems To avoid remedy or mitigate the adverse effects of activities on the life supporting capacity of indigenous ecosystems. Policies To control the effects of activities where they compromise, directly or indirectly, the life supporting capacity of any indigenous ecosystem including those ecosystems which cross the boundary of Mean High Water Springs. That priority be given to avoiding any adverse effects of land subdivision, use or development on those areas identified in Schedule 5.A. 5.2.3 Objective: Sustainably Managing Natural Heritage Resources To sustainably manage the natural heritage resources of the District by: Protecting the following items from inappropriate subdivision, use, and development: outstanding natural feature’s and landscapes; areas of significant indigenous vegetation, and significant habitats of indigenous fauna including trout and salmon; Ensuring that representative samples of natural features, areas of indigenous vegetation, and habitats of indigenous fauna that are of value at a Regional and District level are protected. Policies Adverse effects of land use activities that have the potential to damage or destroy the values of those items listed in Schedule 5A shall be avoided. Significant natural features, areas of indigenous vegetation and habitats of indigenous fauna not listed in Schedule 5A which contribute to the rural or natural character of the area should be retained. In the assessment of the significance of such heritage resources the following criteria will be taken into account: Whether the native bush: is of sufficient size and shape to maintain its intrinsic qualities; consists of a coherent well-developed canopy of native species; consists of a range of native species appropriate to that forest type; contains a significant percentage (at least 25 per cent) of mature native trees; represents a significant or prominent landscape feature; may contain native species threatened in the Franklin District; the area has wildlife habitat values, or provides or contributes to a habitat corridor facilitating the movement of wildlife species in the local area. Whether natural features and habitats of indigenous fauna are: are of sufficient size and shape to maintain its intrinsic qualities; the habitat of threatened species (as defined by IUCN criteria); an area of recognised wildlife or earth science significance; a freshwater wetland; an uncommon indigenous vegetation community; Contribute to the National, Regional or District geological heritage. Note: Schedule 5A outlines sites of special wildlife interest, the type of protection the area has, and adverse effects that could occur in the area.
7. Natural Hazards	7.2.1 Objective: Hazards Avoidance and Mitigation To ensure, as far as practicable, that activities do not cause, accelerate or contribute to natural hazards; activities do not occur in or near areas of known natural hazards; the public is well informed as to the location and nature of natural hazards. Policies That buildings be controlled in terms of their floor levels and siting where this would safeguard against the on-site or off-site effects of both low probability, high impact events and high probability, low impact events. That a conservative or precautionary approach be taken to setting building controls until a greater level of understanding of each hazard or the particular locality is achieved. That a natural hazards register be maintained and regularly updated and that this information be made available or disseminated to the public in effective ways. That a hazard risk assessment be required for any proposal that does not comply with the minimum building standards or which is in or near an area of known or suspected natural hazard potential, and that approval only be given where adequate and appropriate measures can be taken to avoid or mitigate any probable adverse effects related to the particular hazard or proposal. That adverse effects on flood protection works are avoided, remedied or mitigated.	7.3 RULE 7.3 - NATURAL HAZARD AVOIDANCE AND MITIGATION Notwithstanding the standards or controls contained in any other part of the Plan, the following standards shall be complied with. Where an activity does not comply, the activity shall be deemed to require consent to at least a Discretionary (Restricted Assessment) activity, which shall be assessed in terms of Objective 7.2.1 and in the case of the Pukekohe South floodway, in terms of Objective 21.1. 7.3.1 Except for in the Residential Zone (Rule 27) and the Business Zone (Rule 29) all buildings other than drainage structures shall be sited at least 30 metres from all streams, rivers, and lakes. 7.3.2 The minimum floor level for any new OCCUPIABLE FLOOR SPACE in the Bells Road, Mangatawhiri, Motukaraka and Tuakau Swamp Drainage Districts shall be 500 millimetres above the 1% Annual Exceedance Probability flood or ponding level OR 500 millimetres above the highest observed flood level, whichever is the greater. 7.3.3 The minimum floor level for any new OCCUPIABLE FLOOR SPACE in the low lying areas adjoining the Firth of Thames and shown on the Hazards Register shall be RL 3.5m (Reduced Level 3.5 metres) in terms of the LINZ (Land Information New Zealand) Datum OR 500 millimetres above the highest observed flood level, whichever is the greater. 7.3.4 In areas subject to flooding and referred to in the Hazards Register (excluding those areas specified in Rule 7.3.2 and 7.3.3 above), any new OCCUPIABLE FLOOR SPACE shall have a minimum floor level which is at least 500 millimetres above the 1% Annual Exceedance Probability flood or ponding level OR 500 millimetres above the highest observed flood level, whichever is the greater. 7.3.5 Except for in the Residential Zone (Rule 27), Rural-Residential Zone (Rule 28) and the Business Zone (Rule 29) all buildings and structures shall be sited a minimum of 60 metres from mean high water springs. 7.3.6 Earthworks in the Development Setbacks adjoining the coastal marine area, lakes and rivers shall not exceed a total volume of 25 cubic metres or a total area of 250 square metres.
8. Cultural Heritage	8.1.1 Objective: Safeguarding Heritage Features To protect known places, areas, trees and objects having heritage significance in the District from inappropriate subdivision, use, and development. Policies All persons shall avoid the modification, damage, or destruction of archaeological sites, heritage items, historic places, trees or objects listed in Schedule 8.A, and other resources subject to a Heritage Covenant or a Heritage Order whether or not they are identified in this Plan, except where consent has been granted by the NZ Historic Places Trust and Tangata Whenua. That all activities for which a resource consent is required be assessed in terms of any effects on known or significant heritage places, trees or objects in the District, and that where appropriate, conditions be used to avoid or minimise any direct or indirect loss of heritage value, or to ensure that there is sufficient and reasonable compensation to the community for any significant loss. That in general the extent of protection required be limited to the exterior of a building or object and to an area around the "item" which is relative to its size and scale; that in respect of trees the protection extend at least to the drip line and that no activity which would threaten the life or health of the tree, such as building too close or excavating for driveways or foundations, be allowed, unless a resource consent has been granted.	8.3 RULE 8.3 - HERITAGE PROTECTION 8.3.1. Notwithstanding the controls or standards in any other part of the Plan, the following activities are deemed to be Discretionary (Restricted Assessment) activities in respect of any resource or item listed in Schedule 8A of the District Plan: any external modification, except re-painting, of any building or object; any removal, relocation or demolition; any work within the drip line of a tree; any work (including underground) within 6 metres of the trunk of a tree; any work within 6 metres of the exterior surface of any building or object except: where the building or work is on a public road or reserve; where such work is on a different SITE and that SITE was in existence as at 31 May 1994; any activity which would offend tangata whenua in terms of the known spiritual or cultural associations; provided that any person may prune a scheduled tree in accordance with recognised horticultural practices following consultation with the Chief Executive or officer(s) acting under delegated authority and in terms of instructions issued by him/her. 8.3.2. The Council may process any application under this Rule as a non-notified application and without requiring the written consents of affected persons, subject to those requirements specified in the policies and methods of Objective 8.1.1. The Council may grant or refuse consent. All applications shall include sufficient information to enable an assessment of environmental effects in respect of the matters in Rule 8.3.3 which follows. 8.3.3. The Council will only assess the application and, if granting consent, impose conditions in respect of the matters set out below, over which it has restricted the exercise of its discretion. Where appropriate, the opinion of a Architectural Conservator, Archaeologist, Historian, Tangata Whenua representative, or other suitably qualified or experienced person will be sought by the Council: The criteria for scheduling outlined in Part 8.2 and the extent to which they would be compromised or lost, or could be compensated for if consent were granted whether by conditions or otherwise. The nature and extent of any work or proposal, and how conspicuous or significant it would be in the context of the maintenance of the integrity and intrinsic value of the scheduled item. The height and the location, design and external appearance of buildings, structures and other objects. The Council may require the preparation of a Conservation Plan prepared by a suitably qualified or experienced person, where it is considered necessary to ensure the proper management of a heritage item listed in Schedule 8A.
11. Recreation and Reserves	11.2.1 Objective – Providing Sufficient Land To provide sufficient recreation and open space land to meet the needs of present and future generations. That the Plan uses a range of methods to acquire land for and develop the reserves and recreational resources of the District. That methods also be used to protect, both legally and physically, valued areas of bush or open space which can remain in private ownership. That this Plan be used to further the key resource development needs of the District as outlined in the Council's Recreation Plan. 11.2.2 Objective - Maximising Recreational Opportunities To provide for a wide range of recreational activities while ensuring that any adverse effects on the quality of natural and physical resources or the amenity of adjoining areas are avoided or mitigated. 1. Recreational activities locating in the Rural zone should not: give rise to levels of noise, illumination, dust, traffic or other adverse effects inconsistent with levels associated with typical agricultural activities in the area. modify, damage or destroy features identified in Schedule 5A. 2. Recreational activities locating in the Conservation zones should not result in the modification, damage or destruction of the areas of indigenous vegetation and habitats of indigenous fauna which contribute to the natural character of the zone. 3. Recreational activities locating in the Recreation zone shall be controlled so as to mitigate effects of noise and illumination on dwellings that adjoin the zone boundary. 11.4.1 Objective - Access And Recreation To maintain and improve public access to, and recreational opportunities along, the margins of the coastal area, rivers and lakes. Esplanade reserves or esplanade strips shall be required where access will provide the greatest public benefit. In particular they shall be set aside or created where the reserve or strip is required to enlarge, or to enable public access to an existing reserve. Public access over esplanade reserves or esplanade strips shall be restricted where it is necessary to: protect areas identified in Schedule 5A; be consistent with conservation values; protect Maori cultural values; protect public health and safety; ensure a level of security consistent with the purpose of a resource consent and in other exceptional circumstances. 11.4.3 Objective – Waivers To waive the requirement for an esplanade reserve or esplanade strip where it will be unnecessary or inappropriate for the purposes of protecting conservation values or enabling public access and recreational use of the land and water involved. 11.4.4 Objective - Reductions To reduce the width of any required esplanade reserve or esplanade strip where 20 metres is unnecessary or inappropriate for the purposes of protecting conservation values or enabling public access and recreational use of the land involved; or where it will conflict with an existing dwelling or activity on the land involved.
15 – Activities throughout the District (Network and other utilities and Essential Services)	15.1.1.1 Objective To recognise the importance to the economic and social well-being of the District and the essential nature of network and other utilities and other essential services and to provide for their development, operation and maintenance. 15.1.1.2 Objective To ensure that network and other utilities and other essential services are provided in a manner that: does not adversely affect the health and safety of the people of the District; avoids, remedies or mitigates any adverse effects on the natural and physical resources; is sensitive to the amenity values of the District, and relevant cultural or spiritual values; is efficient. Policies Network and other utilities and essential services will be controlled according to the potential effects of the activity. The continuing operation of significant infrastructure such as network and other utilities shall be protected from adverse effects from other inappropriate activity. Where technically practicable and financially realistic taking into account the environmental cost of above-ground placement, utilities shall be placed underground, unless there are cultural, landscape or conservation objectives and policies that would be compromised thereby. All agencies shall be encouraged or required, as circumstances permit, to co-site utility equipment and infrastructure where this is technically feasible and practical.	15.1.2 RULE 15.1.2 - NETWORK AND OTHER UTILITIES AND ESSENTIAL SERVICES 15.1.2.8 Discretionary activities NETWORK AND OTHER UTILITIES which are not permitted, controlled, or discretionary (RA) activities, or prohibited activities under Part 15.3; Water, sewage and wastewater treatment facilities; Water supply facilities which are not permitted, controlled or discretionary (RA) activities for the distribution of water; WASTE MANAGEMENT, LANDFILL and the deposition of more than 100 cubic metres of CLEANFILL. [Note that the EARTHWORKS rule for a site may require a resource consent for cleanfill of less than 100 cubic metres volume.]; New Zealand Fire Service stations and St. Johns Ambulance Association stations. The following are a Discretionary activity except on land which is in a Residential, Rural Residential, Wetland Conservation or Forest Conservation Zone or which is listed in Schedule 5A or 8A: Construction, operation and maintenance of an airport as defined by the Airport Authorities Act 1966, including the provision of any approach control service within the meaning of the Civil Aviation Act 1990; Electricity generation which is not a permitted activity or prohibited activity under Part 15.3. 15.1.2.9 Assessment criteria for network and other utilities and other essential services which are discretionary activities: In addition to the criteria of Section 104 of the Act and Part 53, a discretionary activity application will be assessed against the following criteria: Proposed location, site and route (in general high voltage lines are inappropriate in Residential Zones); External appearance (including screening if any); Effect on the health and safety of people; Adverse effects on the environment, and the degree to which they are remedied or mitigated; Alternative routes and sites available, including underground or overhead locations; Reasons for particular choice of site or route; Bulk and location of structures within the site; Effect on amenity values, especially visual amenities; Effect on Maori cultural values; The nature of the liquid or substance carried; The need for the conduit pipe and alternative proposals considered; Effects on the environment caused by a rupture to the conduit pipe, and the probability of a rupture occurring by accident.; The probability of risks associated with construction and operation of the activity and any methods of avoidance or mitigation, particularly in respect of the technology used and its likely or potential effects on the health and safety of people, and the risk of rupture, breakage, collapse, failure or movement of the components of the facility as they relate to its design and maintenance; Vehicle generation, access, loading and parking; The importance of any proposed utility facility and any social and economic benefits it may have for the community; Note: Subdivision for Network and other Utilities is provided for under Rule 22.
17 – Objectives, Policies and Methods: Rural	17.1.1 Objective: Land and Soil Resource Management To manage land and soil resources in such a way that their accessibility, versatility and life-supporting capacity are sustained for present and future generations. Policies That land and soil resources are maintained in a title structure that safeguards their accessibility, versatility and life-supporting capacity and enables a wide range of activities to establish and operate on a long term sustainable basis. Activities should avoid, remedy or mitigate any adverse effects on the accessibility, versatility or life-supporting capacity of rural land and soil resources. Priority shall be given to avoiding any adverse effects on versatile land. That subdivision and subsequent development avoids, remedies or mitigates any adverse effects on the present and future accessibility of land and soil resources. Where it is necessary for the better achievement of the purposes of the Act to compromise land and soil resources, the greatest priority shall be given to the protection of the most versatile land. 17.1.2 Objective: Sustaining Soil Resources To safeguard the life-supporting capacity of soils. Policies That the loss or reduction of the versatility and life-supporting capacity of soils be avoided, remedied or mitigated. Priority for protection is to be given to the soils of versatile land. That the consideration of alternative locations or sites be part of the assessment of an application where it can be seen that this would result in the avoidance of significant adverse effects. 17.1 .3 Objective: Avoid Soil Loss To avoid the inappropriate removal of the soils of versatile land. Policies That the excavation or removal from a site of soils from versatile land be prevented except where it is for the purposes of making more effective or sustainable use of remaining soils or there is some characteristic of the soil which necessitates its removal. 17.2.5 Objective: Managing Conflicts To avoid, remedy or mitigate conflicts between rural residents and primary productive activities and between different primary productive activities. Policies Activities in the Rural Zone shall not create effects of noise, odour, dust, and spray that would not normally be expected from a predominantly rural environment. Activities in the Rural Zone shall not cause an adverse effect that would result in those activities that are dependent on the productive potential of land and soil resources being prevented or constrained from operating. 17.2.6 Objective: Rural Amenities To avoid or minimise the adverse effects of activities on outstanding natural features and significant habitats, and manage other effects on rural landscape and amenities for the benefit of the District. Policies 1. That buildings and structures be so sited and designed that they do not visually compromise outstanding natural features or the values of significant habitats of indigenous fauna as identified in Schedule 5A, or the natural character of the coastal environment. 2. That adverse visual impacts of rural-residential development on the rural landscape shall be avoided, remedied or mitigated. 3. That adverse visual impacts of signs on the rural landscape shall be avoided, remedied or mitigated. 6. That buildings and structures be so sited and designed that they do not visually compromise items listed in Schedule 8A.	RULE 22 – RURAL SUBDIVISON 22.3 DISCRETIONARY (R A) ACTIVITIES Rural Zone: General purpose lots in accordance with Rule 22.8; Conservation lots in accordance with Rule 22.9; Title relocation subdivision in accordance with Rule 22.13; Common boundary relocation in accordance with Rule 22.14; Existing intensive use subdivision in accordance with Rule 22.11 except in the Pukekohe Hill Special Policy Area; Subdivision For Network And Other Utilities in accordance with Rule 22.10; Residential lots within the identified "Growth Areas" shown on the Plan Maps and complying with Rule 22.16. (Note: this only applies to defined areas adjacent to small urban "settlements"). Wetland and Forest Conservation Zones: Conservation lots in accordance with Rule 22.9; Common boundary relocation in accordance with Rule 22.14. 22.10 LOTS FOR NETWORK AND OTHER UTILITIES PERFORMANCE STANDARDS: The Utility is Permitted in terms of Part 15.1 or a resource consent has been granted for the Utility. ASSESSMENT CRITERIA: The degree to which the proposed size of the allotment allows sufficient land area to: Accommodate the activity, associated structures; and Provide amenity treatment sufficient to mitigate potential adverse effects where it is practicable to do so. The extent to which the creation of a new lot is consistent with the resource consent approval or where the activity is permitted any of the relevant standards and assessment criteria in Part 15. The extent to which the creation of a new lot will affect the practical utilisation of the balance area. RULE 23 – RURAL ZONE 23.5 NON-COMPLYING ACTIVITIES i. Non-complying activities require a resource consent, and the consent may be granted or refused. An application must be submitted in the prescribed format (available from the Council). ii. Applications will be assessed in terms of the matters set out in Rule 53, and where consent is granted, conditions of consent may be imposed. iii. The information submitted with the application must be in terms of Rule 52. iv. The activities listed below are Non-complying activities in the Rural Zone. Residential and Business activities in the Pukekohe Urban Growth Area. (Note: Objective 19.1.2, Policy 3 as well as the Rural Objectives and Policies should be referred to); Fitch Farming; A DWELLING HOUSE on a lot consented to under Rule 22.8 of this Plan or Ordinance 616.3 of the Franklin Section of the Transitional District Plan where there is an encumbrance restricting the right to erect a DWELLING HOUSE; Any other activity to the extent that it is not provided for as either a Permitted, Controlled, Discretionary (R A) or Discretionary activity.
Rural Plan Change: Part 17 Rural and Coastal Objectives Policies and Methods	Objectives for Sustainability of the Natural and Physical Environment 1. Recognise and provide for enhancement of those landscape values that contribute to the sense of enjoyment and appreciation of living in rural and coastal areas. 2. Maintain and enhance the quality and quantity of water resources. 3. Preserve and enhance remaining indigenous ecological resources and enhance their contribution to biodiversity, landscape and amenity values. 4. Protect natural character, outstanding landscape features and values. 5. Recognise and provide for the life supporting capacity of versatile soils and their contribution to the economic and social well being of the District. 6. Protect and preserve the taonga of Tangata Whenua. Objectives for Rural Growth Management 7. Enhance opportunities to utilise the productive potential of natural, rural and soil resources in an environmentally sustainable manner. 8. Promote the safe, efficient use, development and protection of physical resources, including roads, water supplies and sewage schemes and other infrastructure. 9. Provide for the sustainable growth of the District at appropriate rural and coastal village settlements through zoning, structure planning and appropriate subdivision and land use controls. 10. Provide limited opportunities for living in rural and coastal areas, where significant environmental benefits are gained through the protection, enhancement, or restoration of the natural, physical and cultural environment. 11. Provide limited opportunities for living in the rural and coastal areas by avoiding adverse effects on the productive use of versatile soils, through zoning, adjustment of lot boundaries and Transferable Rural Lot Rights. 12. Manage rural land use conflicts that balance the expectations of new residents with the need to recognise and protect existing rural activities and their typical effects and characteristics to ensure conflicts and reverse sensitivity issues are avoided, remedied or mitigated. 17.2.3.3 Hunua Rural Management Area Objectives To protect and enhance the connectedness of indigenous vegetation with the Hunua Forestlands and the ecological biodiversity of the area. To provide for a wide range of rural, recreation, tourism, visitor, countryside living and environmental activities in ways which complement each other. To recognise the significance of Pokeno in the context of the Districts growth management. 17.2.3.4 Hunua Rural Management Area Policies Provide for limited countryside living or appropriate development through the encouragement of environmental protection, enhancement or restoration subdivision, especially where large tracts of indigenous vegetation are being protected or and ecological connections are enhanced to the Hunua Forestlands. Provide for and encourage appropriate tourist activities, outdoor recreation and visitor accommodation and services. Maintained and enhanced landscape, cultural, archaeological, heritage and amenity values. Focus development in and around rural villages through structure and concept planning. Provide for countryside living opportunities and the managed and integrated expansion of Pokeno through a Special Structure Plan Area and Village Structure Plan Areas that improve infrastructure and services for the whole village. Encourage planting of indigenous forestry and sustainable farm forestry in appropriate locations. Provide for the protection and enhancement of ecological resources and water bodies, especially riparian management and planting and provide for stock proofing, environmental protection, enhancement or restoration and subdivision incentives. Expansion of Pokeno and the provision of improved infrastructure. 17.4.1 Objective – Managing Conflicts 17.4.1.2 Objective: To manage conflicts between different productive primary activities and with residential activities but recognising that a certain level of noise, odour and other adverse effects are characteristic of the rural and coastal environments. 17.4.1.3 Policies: Activities in the rural area shall not create effects of noise, odour, dust and spray that would not normally be expected from a predominantly rural environment. Activities in the rural area shall not cause an adverse effect that would result in activities which are dependent on the productive potential of land and soil resources being prevented or constrained from operating. Mechanisms such as setbacks and buffer distances will be used to manage the potential for conflicts between urban, rural and coastal village areas and intensive farming operations. The main concern outside the buffer distances shall be to mitigate any adverse effects. The expansion of the main urban centres and selected rural and coastal villages shall be in those directions where the potential for creating conflicts with established rural activities is minimised. The creation of new rural titles must demonstrate that such development avoids, remedies or mitigates any reverse sensitivity conflicts between existing or potential primary productive activities and the use of rural land for countryside living. 17.4.2 Objective – Coastal And Rural Character 17.4.2.2 Objective: To avoid or minimise the adverse effects of activities on outstanding natural features and significant habitats, and manage other effects on rural landscape and amenities for the benefit of the District. 17.4.2.3 Policies: That buildings and structures be so sited and designed that they do not visually compromise outstanding natural features or the values of significant habitats of indigenous fauna as identified in Schedule 5A, or the natural character of the coastal environment. That adverse visual impacts of rural-residential development on the rural landscape shall be avoided, remedied or mitigated. That adverse visual impacts of signs on the rural landscape shall be avoided, remedied or mitigated. That proposed mineral extraction activities are assessed against their impact on rural landscapes. That all subdivisions have regard for the likely development of the land including the way this might adversely affect significant landscape features as well as the rural amenities of the District. That buildings and structures be so sited and designed that they do not visually compromise items listed in Schedule 8A.	Part 22, Subdivision: Rural and Coastal Areas (Rules) 22.2 CONTROLLED ACTIVITIES Within the Rural Zone, Coastal Zone, Wetland Conservation, Forest Conservation and Village Countryside Living Zones, the subdivision activities listed below are Controlled Activities. Boundary relocation or adjustments in accordance with Rule 22.15 Lots for Road Severances in accordance with Rule 22.14 Subdivision For Network And Other Utilities in accordance with Rule 22.13 (including lots within the COASTAL PROTECTION SETBACK). Village Countryside Living Lots in accordance with Rule 22.16 TRANSFERABLE RURAL LOT RIGHT to Village Countryside Living Zone Subdivision in accordance with Rule 22.17 22.13 LOTS FOR NETWORK AND OTHER UTILITIES 1. SPECIFIC PERFORMANCE STANDARDS: The Utility is required: a) to be a Permitted Activity in terms of Part 15.1 and to have been established on the site; or b) to have been granted resource consent for the Utility; or c) to have had land designated for the required purpose. 2. SPECIFIC MATTERS OVER WHICH COUNCIL MAY EXERCISE CONTROL In addition to the general matters for control specified in Rule 22.8, the Council reserves control over the following matters: a) The degree to which the proposed size of the allotment allows sufficient land area to: (i) Accommodate the activity and associated structures; and (ii) Provide amenity treatment sufficient to mitigate potential adverse effects where it is practicable to do so. b) The extent to which the creation of a new lot is consistent with the resource consent approval or where the activity is permitted, any of the relevant standards and assessment criteria in Part 15. c) The extent to which the creation of a new lot will affect the practical utilisation of the balance area. If resource consent under Part 15.1 is not granted, the activity status of the line becomes Discretionary: 22.4 DISCRETIONARY ACTIVITIES Within the Rural Zone, Coastal Zone, Wetland Conservation, Forest Conservation and Village Countryside Living Zones: the subdivision activities listed below are Discretionary Activities 1. Any subdivision activity listed under Rule 22.2 or Rule 22.3 which does not meet one or more than one of the standards set out in its relevant Rule or Rule 22.7.1 (General Performance Standards 1-8 inclusive). 2. TRANSFERABLE RURAL LOT RIGHT Subdivision between different Management Areas in accordance with Rule 22.19. 22.9 GENERAL ASSESSMENT CRITERIA Each subdivision proposal shall be assessed against the relevant matters specified in the Act and the following matters: 1. The extent to which boundaries will assist, or constrain, the effective and efficient management and development of the resultant lots, in terms of the likely uses to which they will be put, given their size, shape and location. In particular each new boundary shall be located in accordance with the topography of the area to assist the fencing, stock control and land management and development of any new lot. 2. Each new boundary shall be designed to take account of the protection of people and property from the adverse effects of all hazards, which may include erosion, inundation, falling debris or subsidence. 3. The extent to which each new lot will have safe and stable vehicular access to the Identified Building Site, including its gradient, width and the extent of any cutting and filling that may be required to ensure this. In the case of access requirements to a state highway, whether or not the applicant obtained the consent of Transit New Zealand. 4. The Council will have regard to the effect that the subdivision and subsequent development will have on, or in terms of: a) The roading network in the locality or District, existing reserves (and the need for additional reserves or recreational facilities), and on any other services or facilities provided by the Council. The Council will consider the extent to which "financial contributions" in terms of Part 10 of the Plan would avoid or minimise any adverse effect, or ensure positive effects. b) Areas of native bush or wildlife or other natural areas, including water bodies, of significance on the property, which is the subject of the application or on adjacent properties. c) Where relevant, the coastal environment and in Coastal Management Areas and in the Rural Zone, the effect of COASTAL PROTECTION SETBACK, SPECIAL CHARACTER AREA or ADDITIONAL NATURAL CHARACTER AREA on the future use of the land. d) Schedule 5: Conservation of Outstanding Natural Features, 5A: Sites of Special Wildlife Interest 5B: Important Geological Sites, 5C: Other Important Sites and SPECIAL CHARACTER AREA. e) Other schedules of important features or sites held by Council. f) Heritage features as identified in Schedule 8A of the Plan. g) Identified archaeological features on the property. h) Existing activities nearby 5. The Council will have regard to any potential for mineral extraction activities to be unreasonably or inappropriately curtailed by sensitive activities (such as dwellings) located in the vicinity. In carrying out this assessment, the Council will be guided by, in the case of rock extraction sites, the desirable ‘buffer’ distance of 500 metres between the extraction site and the sensitive activity and for sand extraction sites, the desirable ‘buffer’ distance of 200 metres. The extraction sites to which such buffer distances apply are as follows: (i) those specifically zoned, or proposed to be zoned, for such activities by this Plan (not including those proposed to be zoned for such activities by a private plan change); (ii) those established by a resource consent (land use) which is in force at the time of receipt of the application for the ‘sensitive’ land use activity; (iii) those which hold existing use rights under Section 10 of the Act; (iv) those specifically zoned or established via resource consent under the authority of adjacent territorial local authorities. 6. Additional matters to be addressed in assessing any potential for mineral extraction activities to be unreasonably or inappropriately curtailed by sensitive activities (such as dwellings) located in the vicinity. (i) adjacent or sensitive activities nearby and the need for subdivision and landuse consents to provide for adequate buffers internally, either through setbacks, minimum lot sizes or SPECIFIED HOUSE SITE, to avoid or mitigate adverse effects. (ii) the extent to which any aspect of the proposed subdivision might worsen or give rise to any land use conflict between incompatible activities on adjoining properties (including conflict due to the legitimate expectations of land owners or resource users). (iii) the cumulative effects of the proposed subdivision. 7. In assessing any proposal the Council will have regard to whether the subdivision and subsequent development will require power and telephone services. The Council will generally require as a condition of consent that each new lot be served by power and telephone unless the applicant can demonstrate that this is unnecessary or inappropriate in the circumstances. 8. An "effective stormwater disposal system", as required in Rule 22.7.1, is one where stormwater flows related to any natural or altered water course or any impervious surfaces likely to be formed or constructed on the SITE, or from other activities on the SITE, would not cause or contribute to any “adverse effects” for adjacent SITES or any natural and physical resources in the locality. The "effective system" may include natural or constructed elements, but low impact design is preferred where: a) Stream courses are maintained or restored as natural systems; b) Culverts and stream crossings are minimised; c) Sediments are controlled during construction; d) Infiltration is optimised (especially over volcanic aquifers); e) Low impact devices are utilised for storage, detention or flow restriction, such as artificial wetlands; and f) Hydrological neutrality should be achieved where possible. 9. "Adverse effects", as referred to in 22.9.8, relates primarily to activities and developments most likely to proceed on the new lots, given their size and location, and includes scouring from uncontrolled discharges; overland flow picking up contaminants when passing over operational or farming areas; overland sheeting from heavy flows leaving impervious surfaces; and stormwater penetrating sewage effluent disposal areas. 10. Where access from the road to the lot is not by way of a Right of Way or similar then the lot shall have sufficient frontage to the road to allow safe ingress and egress. A six meter frontage is considered necessary. 11. Where subdivision includes a contaminated site or a partly contaminated site, appropriate mitigation measures are required and these shall be specified in accompanying assessment reports provided as necessary. The reports shall show the levels of contamination before and after mitigation, mitigation techniques and any on going monitoring requirements. 12. The extent to which the subdivision, and the proposed or probable subsequent development of any lot, would constrain, maintain or enhance: a) The ACCESSIBILITY, VERSATILITY and life-supporting capacity of the land (particularly ‘VERSATILE SOILS’) and soil resources of the property; b) The ACCESSIBILITY or VERSATILITY of the land and soil resources (particularly ‘VERSATILE SOILS’ of any adjoining property. (Note: A detailed Land Use Capability (LUC) Soil assessment may be required). 13. The extent to which the Objectives and Policies of the District’s Management Areas are met and promoted. 14. In addition to the above matters, where an application is made because the standards in Rule 22.7.1 have not been met, the following matters will be considered: a) Whether there are unusual or special reasons for not meeting the standard so that consent would not undermine the relevant rule. b) Whether not meeting the standard would have any adverse effect. 15. Whether the subdivision can occur without generating adverse cumulative effects on the rural or coastal character of the locality. 16. Where it is proposed to subdivide land to create new allotments within an area measured 20 metres either side of the centre point of a “National Grid Transmission Line” (as shown on the Planning Maps), the subdivision design should have particular regard to the following matters: a) The minimisation of risk or injury and/or property damage from such lines, and b) The outcome of any consultation with the utility operator, and c) The extent to which any earthworks and the construction of any subsequent buildings will comply with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP; 34 2001, or any subsequent amendment thereof), and d) The nature and location of any proposed vegetation to be planted in the vicinity of the National Grid Transmission Lines. RULE 23 - LANDUSE ACTIVITIES: RURAL AND COASTAL AREAS 23A.1.5 NON-COMPLYING ACTIVITIES – RURAL ZONE [1014] The following activities are Non-Complying Activities in the Rural Zone. Council may grant or refuse consent to a Non-Complying Activity application, and may attach conditions of consent. A DWELLING HOUSE on a LOT consented to under RULE 22.8 of the Operative District PLAN or Ordinance 616.3 of the Franklin section of the Transitional District PLAN where there is an encumbrance restricting the right to erect a DWELLING HOUSE. Any activities not provided for under Rules 23A.1.1 or 23A.1.2 or 23A.1.3 or 23A.1.4 or that is not prohibited by Rule 23A.1.6. ACCESSORY BUILDINGS and ANCILLARY ACTIVITIES for any of the above. MINERAL EXTRACTION AND PROCESSING not meeting those standards as specified in Rule 23A.5.2,A. BUILDINGS, EARTHWORKS, FARM QUARRY, PROSPECTING or EXPLORATION for MINERALS, MINERAL EXTRACTION AND PROCESSING or AGGREGATE EXTRACTION ACTIVITIES within a COASTAL PROTECTION SETBACK. The damage, clearance or destruction of INDIGENOUS vegetation within the COASTAL PROTECTION SETBACK.