Waikato District Council

6. Tangata Whenua and Region

6.1 Objectives

6.1.1 To take into account Maori perspectives of natural and physical resource management.

6.2 Policies for Tainui

6.2.9 To recognise the importance of the marae to tangata whenua and the cultural diversity it introduces to the district as a whole.

6.2.12 To promote respect for and, where considered appropriate by the tangata whenua, the protection and preservation of waahi tapu.

6.2.13 To provide for the Taupiri maunga (mountain) and urupa (burial ground). Taupiri maunga is recognised as a major urupa and burial place of the kahui ariki.

6.2.14 To recognise and respect the spiritual and cultural significance of particular landforms to tangata whenua.

6.2.16 To support the right of tangata whenua to protect indigenous forests and rongoa rakau (medicinal plants).

None

9. Rural Zone

9.1 Objectives

9.1.1 To maintain the versatility and safeguard the life-supporting capacity of the soil resource, while ensuring new lots are able to:

1. absorb or manage stormwater runoff,
2. accommodate household effluent disposal,
3. avoid location in proximity to mineral extraction,
4. maintain road safety and promote transport efficiency,
5. maintain the health and wellbeing of people,
6. reflect rural amenity values,
7. remedy or mitigate adverse effects from adjacent, established activities,
8. retain community connections to their past,
9. retain indigenous habitats, and
10. retain sediment from disturbed land.

9.1.2 To retain rural land, particularly land containing high quality soils, in large holdings that maintain versatility and efficient use of the land in terms of providing for the needs of future generations and safeguarding the life-supporting capacity of the soil.

9.1.4 To ensure efficient and effective management of the District's physical resources of roading, land drainage, and rural water supplies.

9.1.5 To ensure intensive forms of farming, rural industries, and commercial services do not adversely affect the environment.

9.1.6 To ensure that the rural visual character and amenity values are maintained or enhanced.

9.1.7 To ensure urban consolidation of existing District urban areas is not compromised by interim development.

9.1.12 To ensure that rural industries and commercial services do not adversely affect traffic safety and the convenient use of State Highways.

9.1.14 To ensure that rural industries and commercial services are located in areas free from any natural hazard and coal mining subsidence.

9.1.18 To enable efficient use of land in the Rural Zone, recognising the reasonably foreseeable needs of future generations, by managing transitional development.

9.2 Policies

9.2.1 To provide for subdivision of rural land into shapes and sizes that enable efficient use of the land while retaining opportunities to use the soil resource now and in the future.

9.2.2 To ensure all new lots contain sufficient appropriate area:

1. for the treatment and disposal of household effluent and stormwater runoff,
2. so that sediment resulting from building platforms, access formation and use, and landscaping does not contaminate surface water,
3. so that noise, dust, traffic and odour from activities located in rural areas including mineral extraction, can be remedied or mitigated, and
4. so that significant levels of noise, dust, agrichemicals and odour from onsite activities can be contained within the boundaries of the lot.

9.2.4 To retain land containing high quality soils in appropriately shaped and sized lots that enable efficient use and development of the soil resource, now and in the future.

9.2.7 To avoid potential adverse effects on State Highways from commercial services and   rural industries.

9.2.9 To avoid, remedy, or mitigate the visual and physical effects of tall or large buildings on the landscape and the overshadowing effect of trees on existing residences on adjacent properties in Rural Zones and on urban zoned land.

9.2.13 To avoid, remedy, or mitigate the increased risks to public health and safety from the intensification of rural land use through:

1. significantly increased generation of road dust
2. significantly increased traffic volumes on minor roads
3. limitations on quality or availability of water supply.

9.2.19 To avoid the development of rural industries and commercial services on sites within any coal mining policy area.

Network utilities or power lines of any form are not mentioned in this section.  The line, however, does not comply with any rules regarding building heights and amenity values, thus it is a non-complying activity. 

14. Extractive Industries

14.1 Objectives

14.1.5 To ensure land use activities do not unduly constrain potential access to and the development of identified significant coal and aggregate resources.

14.2 Policies

14.2.7 To protect mineral resources identified in the Aggregate Extraction Policy Area from the effects of the constraints created by encroachment by sensitive activities.

There are no rules regarding power lines or network utilities in this section – all the rules refer specifically to extractive industries. 

20. Landscape Policy Area

20.1 Objectives

20.1.1 To encourage development in such a way so as to integrate physical development with the natural landscape.

20.2 Policies

20.2.1 To avoid, mitigate, or remedy any disunity and imbalance in scale between buildings            or structures and natural elements within the Landscape Policy Area.

20.2.2 To avoid, mitigate, or remedy any disharmonious placement of buildings through poor design.

20.2.3 To avoid, mitigate, or remedy any dominance of structures through their being sited as a visual focal point.

20.5 RULES

Where relevant the provisions of the Rural Zone, Rural Residential Zone, and Pa Zone (Rural) relating to permitted, controlled, and discretionary activities shall also apply to those categories of activities described as such in this Section. See also Assessment Criteria, paragraph 20.5.3 below. Where there is conflict between the provisions of the relevant Zone and this Section, the provisions of this Section shall prevail.

20.5.3 Assessment Criteria

In addition to the provisions of the relevant Zone (see 20.5), in the exercise of its discretion to determine whether an application for a resource consent for a discretionary activity or a controlled activity within the Landscape Policy Area should be granted and/or any conditions to be imposed as part of any such consent, the Council shall have regard to (but without restricting the exercise of its discretion to) the assessment criteria set out below. The Council shall also have regard to any other relevant matter in exercising its discretion.

(a) Principles
Landscape conservation should be based upon the principles of unity, harmony, dominance or subordinance and scale.
(1) Unity
Order through repetition of the same design elements. For example, use of the same plant material already existing in the local area on any new development.
(2) Harmony
Order through the repetition of related design elements.
(3) Dominance or Subordinance
To dominate is to make a structure a focal point within the landscape. In the rural area structures should not become a focal point but should become part of the local landscape. For example, a house close to a road does not fit easily into the surrounding landscape because it becomes dominant and urban in character.
(4) Scale
Elements of the landscape should balance each other. For example, planting to soften the appearance of a large building needs to be large scale.
(b) Examples
The following are examples of how the assessment criteria will be applied in relation to buildings.
(1) Siting
* Minimise excavations and ensure a natural ground shape is achieved
* Keep buildings well back from a road where possible. If a location near the road is
essential a group of trees between the road and the building can achieve visual separation.
* Group buildings only of similar scale, shape, materials and colours. Where buildings are of different scale or style. Site them apart from each other and tie them together using tree planting.
* Planting and earthworks can be used to incorporate a structure into the landscape if it is isolated from other buildings.
* Site buildings with a background of land, not sky. The skyline should not be broken by buildings. The benefits of a 360o view from a hilltop are often lost due to the need to plant and shelter in such an exposed position.
20.5.3 (b) (2) Design
* Use simple symmetrical roof shapes and relate these to the lie of the land.
* Reduce the impact of large buildings by:
- keeping wall heights to a minimum.
- making buildings wider than they are high.
- breaking the form by lowering sections of roof or forming an L-shape.
- using large scale tree planting to give a backdrop and some screening.
(3) Materials
* Use a minimal number of different materials and finishes. Use the same materials on other buildings and extensions.
* Use a different material on the roof from the walls to define the shape of the building, or run the same material in a different direction on the roof from the walls.
(4) Colours
* Aim to co-ordinate the colour of all buildings, and consider those on neighbouring properties.
(5) Amenity Planting
Consider planting as a means of mitigating the effect of buildings.

41. Natural Hazards and Coal Mining Subsidence.

41.1 Objectives

41.1.1 To minimise the adverse effects of natural hazards and coal mining subsidence on people and property.

41.2 Policies

41.2.1 To avoid activities in high risk areas which would place people or significant property at risk.

41.2.2 To require hazard avoidance or mitigation measures to be adopted in hazard prone areas subject to medium or low risk.

41.2.3 To ensure activities do not increase the adverse effects of natural hazards on people or significant property.

41.2.4 To ensure activities do not result in environmental degradation through creating or increasing hazards.

41.2.6 That natural hazards and coal mining subsidence be identified and subdivisions designed to safeguard future residents from these potential hazards.

41.5 RULES

41.5.1 Criteria for assessing an application for a resource consent in areas of natural hazards

In assessing an application for any controlled, or discretionary activity, the Council shall have regard to the criteria set out in Section 41.4.4(i) above. These criteria shall be in addition to, and not limit the relevant provisions in the other Sections of the District Plan. Where a proposed development is identified as potentially being impacted upon by a hazard event, Council considers that detailed site investigations will be necessary to accurately assess the level of risk, and in issuing a resource consent will require the appropriate mitigation measures be undertaken.

48. Noise

48.1 Objective

To create or maintain an acceptable ambient noise level in the District.

48.2 Policies

48.2.1 To protect people, particularly those in dwellings, from the effect of noise arising from activities.

48.2.2 To especially protect from noise dwelling houses located in any Residential Zone, Rural Residential Zone, Pa Zone (Urban) and Pa Zone (Rural) by ensuring the noise levels generated by any activity within these zones are compatible with the quieter environment expected in those zones.

48.5 RULES
48.5.4 Controls for Noise
(c) Rural Area

All activities, excluding farming and those activities undertaken at Agricultural Research Centres, shall be conducted and buildings located, designed and used to ensure that noise levels at or within the notional boundary do not exceed the following limits:

Monday to Friday        7.00 am - 7.00 pm 50 dBA (L10)
Saturday                     7.00 am - 6.00 pm 50 dBA (L10)
At all other times including Public Holidays     40 dBA (L10)
provided that for conveyance utilities, the noise limits contained in rule 48.5.4(b)(3) (Industrial) shall apply instead.

Reason

To recognise and maintain the community expectations in a Rural zone so that residents' amenity values including the ability to sleep at night are protected.

The noise from the line will exceed these levels, but this is mitigated by the ~65m easement zone.  At the edges of this zone the noise levels will be below the allowable levels and therefore the line will be a permitted activity.  However, if there are houses within the easement zone, the noise levels will be higher than the allowed 50dBA (L10), and the line will be a non-complying activity.  .   

51. Public Works and Utilities

51.1 Objectives

51.1.2 To ensure that public works and utilities are provided in a manner which is sensitive     to the amenity values of the District and avoids and/or mitigates any adverse effects on the natural and physical environment.

51.2 Policies

51.2.1 To balance the operational requirements of public works and utilities to ensure a continuity of service with the need to avoid, remedy or mitigate adverse effects on the environment.

51.2.2 To ensure that, where practicable, public works and utilities are placed underground (“practicable” here means technically and economically feasible).

51.2.3 To encourage co-siting or sharing of facilities where this is technically feasible and the operations of co-sited facilities are compatible.

51.2.4 To ensure that the installation of telecommunication and electricity services does not detract from the amenity values expected of new subdivision in the Rural Residential, Residential, Industrial, Business and Commercial Zones of development in the Rural Residential Zone and in the Coastal, Landscape and Ridgeline Protection Policy Areas, whilst contributing to social wellbeing and the health and safety of residents.

Overhead lines and extensions to lines and necessary support structures for conveying electricity at a voltage of and over 110kV are a discretionary activity in the Rural Zone and in Landscape Policy areas. 

51.5.10 Assessment Criteria for Discretionary Activities

These do not apply to the agricultural research centres or public works and utilities related to power stations. In the exercise of its discretion to determine whether an application for a resource consent for a discretionary activity should be granted and/or whether any conditions should be imposed as part of any such consent, the Council shall have regard to (but without restricting the exercise of its discretion to) the conditions for permitted activities, standards and terms for controlled, and discretionary activities, and the assessment criteria set out below. The Council shall also have regard to any other relevant matter in exercising its discretion.

(a) The adequacy of measures to avoid and/or mitigate any adverse effects created by the activity. Examples of these include but are not limited to: the visual impact of structures on the landscape and the effect on the microclimate of adjoining properties.
(b) Possible risks and hazards associated with the activity.
(c) Notwithstanding the introductory statements for this Rule, in respect of overhead telecommunication and electricity lines, conveying electricity at a voltage of up to 109kV, Council shall restrict the exercise of its discretion to the following matters only:
(i) Whether there would be an adverse visual effect from any overhead and supporting structures when located within any Ridgeline Protection Policy Area, Landscape or Coastal Policy Areas, that cannot be avoided, remedied or mitigated to ensue that there would be no significant detraction from the visual amenity of the area.
(ii) The extent to which there are practical difficulties in laying underground lines. This would include the difficulties due to the presence of hard rock, bush, production forestry, lakes, rivers or streams and coal mining subsidence.
(iii) The extent to which earth works or construction activities would result in the removal or disturbance of native bush.
(iv) Whether there is an alternative route which would reduce the visual impact of lines and supporting structures on the environment.
(d) The suitability of the site with respect to shape, location, size and access.
(e) Any resultant restrictions imposed on the use of adjacent land.

53. Conservation and Natural Resources

53.1 Objectives

53.1.1 To conserve and enhance those qualities which contribute to the natural character and amenity values of the rural, urban and coastal areas of the District.

53.1.2 To protect significant remnant areas of indigenous bush and to preserve wetlands, to    safeguard significant habitats of indigenous fauna and flora, to preserve the natural character of the coastal margins of the Waikato District, and to protect outstanding     natural features and landscapes.

53.2 Policies

53.2.1 To ensure that natural conservation features under the jurisdiction of the Department of Conservation are protected.

53.2.2 To protect ecologically sensitive wildlife habitats.

53.2.3 To protect trees of significant landscape or historic value including indigenous trees at the time of subdivision.

53.2.7 To encourage the protection of outstanding natural features and landscapes and areas of significant indigenous vegetation and significant habitats of indigenous fauna.

53.5 RULES

53.5.1 Reference needs to be made to:
(a) Department of Conservation designated reserves shown on the Planning Maps and in the Schedule of designations in Section 51. 53.7
(b) The Landscape, Ridgeline Protection, and Coastal Policy Areas and the rules for these given in 20.5, 21.5 and 22.5 respectively.
(c) Rule 56.5.7 concerning consultation with iwi.
(d) Rules 9S.2.2(e) and 9S.2.7(c) concerning the subdivision of land in a Rural Zone and the opportunity to erect a house as an incentive to retain a natural conservation feature or ecologically sensitive habitat or both.
(e) Rule 35.5 concerning the creation of esplanade reserves.
(f) Rule 34.5 concerning a reserve contribution of land which includes the situation where there is a need to protect a natural conservation feature or ecologically sensitive habitat or both.
(h) The Schedule of notable trees given on Pages 53.9 - 53.18

53.5.3 The following assessment criteria may be used by Council in assessing a discretionary activity although Council is not limited in its discretion only to these matters:
a) The tree is dying or dead.
b) The tree is badly storm-damaged or vandalised.
c) The tree restricts sight lines for motorists even after careful tree surgery.
d) The tree roots are encroaching on to the highway or are impeding surface water drainage or are damaging underground reticulation.
e) The tree is badly balanced or has poor branch structure.
f) Roadwork activities are likely to damage the tree's crown, trunk, or roots, for example by changing soil characteristics.
g) Competition from the tree is damaging another more desirable specimen.
h) The tree's height or spread is affecting overhead reticulation.
i) In the case of a proposed State Highway deviation, realignment, or widening which causes the removal of a listed tree, the following factors may be taken into account:
* Whether the path of the proposed road can avoid the trees
* Where there is compelling reason for the path of the proposed road not to avoid the trees then, in the case of an immature specimen, whether it can be replanted nearby. Replanting would be at the expense of Transit New Zealand.
j) In the case of proposals for buildings and structures on private property the following factors may be taken into account:
* Whether there is a practicable alternative site for a building
* Whether the structures are for the safety of the property for protection against natural hazards.
These factors are in addition to the matters in (a) - (i) above. Consent to the removal of a listed tree may be granted where there is no alternative site for a building provided that the applicant who owns the property was the owner prior to 30 September 1993. A similar proviso applies to anyone leasing a property.
(k) Rule 36.5.11(g)(iii) - for the removal or destruction of a listed tree in a road reserve: criteria are provided for the assessment of a discretionary activity.
53.5.4 With regard to yards which abut esplanade reserves, reference needs to be made to Section 3.11.5(b)(4) concerning the reason for side and rear yards. This is in connection with policy 53.2.6
and reason 53.3.19.

54. Items of Cultural Value

54.1 Objectives

54.1.3 To ensure that developments associated with heritage resources do not adversely affect their historical or cultural integrity.

54.2 Policies

54.2.2 To ensure that the use of land within areas where there are buildings, objects, items and areas associated with early Maori and European settlement should not                      compromise the visual character of those settlements or the links that they provide           with ancestral lands, water, sites, waahi tapu and other taonga.

54.5 RULES
54.5.4 Archaeological Sites

No person shall commence work on any archaeological feature, Maori feature or waahi tapu listed on the Planning Maps without first obtaining Council consent for a discretionary activity.
That prior to granting consent for any activity which may involve the destruction, damage or modification of any archaeological feature, Council shall require confirmation from the applicant that consultation has been entered into with the Tangata Whenua and that the necessary authority has been obtained from the Historic Places Trust.
Known archaeological features have been shown on the Planning Maps. Developers may refer to the NZ Historic Places Trust Historic Places Inventories held by Council and included for explanatory purposes in Appendix I to Section 54.