Matamata-Piako District Council

3.1 Natural Environment and Heritage

1. Landscape Character

Objective 1 To retain and enhance the varied landscape qualities of the District.

Policy 1 The scale, location and design of buildings, structures and activities in outstanding landscape types of the District should:

1. preserve the elements which contribute to its natural character;
2. not detract from the amenity values of the landscape.

2. Natural Environment

Objective 1 To protect and enhance the natural resources within the District that are valued for their intrinsic, scientific, educational and recreational values.

Policy 2 To avoid, remedy or mitigate the adverse effects of activities that have the potential to compromise, damage or destroy significant areas of indigenous vegetation and habitats of indigenous fauna.

Policy 3 Outstanding natural features, areas of indigenous vegetation or habitats of indigenous fauna are to be permanently protected at the time of subdivision, use and development.

Policy 4 To maintain and enhance ecosystems with their essential values and qualities.

3. Heritage

Objective 1 To recognise, protect and enhance significant heritage resources which are valued as part of the District’s heritage.

Policy 1 Activities in the vicinity of significant heritage resources should be sensitive to their original form and features.

Policy 4 Activities which adversely affect significant recorded archaeological sites and waahi tapu should be avoided, remedied or mitigated.

The activity table and rules refer to scheduled items.  As the line route does not affect any scheduled items, none of the rules apply. 

3.2 Natural Hazards

1. Flooding

Objective 1 To minimise the risks of flooding affecting people and property in the District.

Policy 1 To ensure that all future development does not increase the flood risk for existing buildings and activities.

Policy 2 To avoid building development below a known risk factor of 1% annual return flood levels.

Policy 3 To ensure new developments and subdivision take cognisance of overland flow paths in their design to avoid adverse effects.

Policy 4 To utilise public open space as natural floodways and ponding areas where this does not adversely affect protected natural environments and heritage features.  

All Natural Hazard Areas

1. Any use, development or subdivision of land within areas identified as Natural Hazard Areas on the planning maps with the exception of upgrading of electrical lines listed as 8.1.1 and 8.1.5. Where the intended upgrading meets the definition provided in the District Plan, such a work shall be permitted.

Apart from the upgrade of electrical lines, all other activities are Discretionary Activity. 

1  GENERAL PROVISIONS
1.4 ASSESSMENT CRITERIA FOR RESTRICTED DISCRETIONARY, DISCRETIONARY AND NON-COMPLYING ACTIVITY RESOURCE CONSENT APPLICATIONS

In considering discretionary and non-complying activities, Council shall have regard to any or all of the following matters, as appropriate, as well as the Performance Standards (Section 5), and Development Contributions (Section 7),and the Other Methods in Section 13. These matters do not restrict Council’s discretionary power.

1.4.21 Activities in Natural Hazard Areas

Council shall have regard to:

1. The existing and anticipated stormwater and debris flows and the necessity or otherwise of retention ponds or other stormwater control and/or mitigation devices to avoid, remedy or mitigate natural hazards.
2. Measures to be taken to mitigate any adverse effects of fire.
3. Whether the use of land is likely to accelerate, worsen or result in material damage to that land, any other land or structure.
4. Whether the development and use of land involves the storage of hazardous substances or the congregation of large numbers of people.
5. Any measures to be taken to avoid any adverse effects of ecotoxicity.

3.3 Land and Development

1. Sustainable Activities

Objective 1 To maintain and enhance the District's land resource to enable activities that do not threaten the life supporting capacity of the soil and consequently water and ecosystems.

Objective 2 To manage all activities in a manner that maintains and enhances the District’s good quality soils and to ensure that the productive capability of rural land is not compromised.

Policy 1 To maintain and enhance the soil cover and soil values including: water holding capacity, soil structure and organic components necessary to support a diversity of vegetation.

Policy 2 Subdivision, use or development must minimise the coverage of good quality soils.

3  DEVELOPMENT CONTROLS
3.2 RURAL AND RURAL-RESIDENTIAL ZONES
3.2.1 Building Envelope

1. Maximum height 10m
   Matamata Airport Height Restrictions See 9.3.2

2. Height relative to Site Boundary
   No part of any building shall exceed a height of 3m plus the shortest horizontal distance between that part of the building and the nearest site boundary.

3. Yards

Provided that:

1. Accessory buildings may be erected on any rear and/or side yard but not the river protection yard so long as the written consent of any affected property owner(s) is obtained and rule 3.2.1 (i) is not compromised.
2. Any accessory building to be developed in conjunction with an existing dwelling shall be permitted in a front yard provided that it shall be erected behind the front line of the dwelling.

Advice Note: Alternative yard provisions are able to be considered through the restricted activity consent process.

1  GENERAL PROVISIONS
1.3 STANDARDS AND TERMS FOR CONTROLLED ACTIVITY RESOURCE CONSENT APPLICATIONS
1.3.8 Overhead Power Lines

1. The visual effects shall be considered in the light of 1.4.1.
2. The management of risk as in 1.4.9.

3.5 Amenity

1. Development Standards

Objective 2 To minimise the adverse effects created by building scale or dominance, shading, building location and site layout.

Policy 1 To ensure that development in residential and rural areas achieves adequate levels of daylight admission, privacy and open space for development sites and adjacent properties.

Policy 2  To minimise the effects created by building scale, overshadowing, and building bulk in business, industrial and recreational areas.

Policy 3 To maintain the open space character of residential and rural areas by ensuring that development is compatible in scale to surrounding activities and structures.

3. Nuisance Effects

Objective 1 To ensure that residences are free from the effects of unreasonable and excessive noise, odour, dust, glare and vibration.

Objective 2 To provide healthy and safe working, living and recreational environments by avoiding and mitigating the effect of excessive noise, vibration, odour and dust.

Objective 3 To ensure that land use activities are located and sited in a manner that recognises existing transportation routes.

Policy 1 To protect residential and rural amenity by the use of performance standards for noise, glare, odour, particulates and vibration control which generally ensure that generated effects do not exceed background or ambient levels.

Policy 2 To ensure that activities in business, rural, industrial and recreational areas avoid, remedy or mitigate generated effects to maintain and enhance a healthy, safe and pleasant environment and take all reasonable steps to internalise any nuisance effects.

Policy 3 To reinforce existing mitigation measures, and to encourage those who generate the nuisance effect to maintain and enhance those measures, including separation between industry, public or designated works or intensive farming operations and residential zones and the notional boundaries about rural residences.

Policy 4  To avoid, remedy or mitigate significant adverse noise, odour, dust, glare and vibration effects generated by rural activities and other activities in rural areas.

3.7 Works and Network Utilities

1.  Provision and Benefits

Objective 1 To enable the effective provision of works and utilities so as to minimise the adverse environmental effects while enabling people and communities to provide for their social economic and cultural wellbeing and for their health and safety.

Policy 1 To encourage the co-siting of facilities where practical to avoid, remedy or mitigate adverse environmental effects particularly the impact of multiple masts and lines on the landscape.

Policy 2 To protect existing and proposed works and infrastructure from incompatible use or subdivision of adjacent lands.

Policy 3 To ensure that works and network utilities are considered having particular regard to the avoidance, remediation or mitigation of anticipated adverse environmental effects and comprehensive analysis of the existing and future services/facilities.

Policy 4 To take a precautionary approach in the siting of facilities relative to dwellings where there is significant doubt or debate over the impact of its effects.

Activity Table

4. Overhead electrical lines including support pylons and structures (new lines; extension in length of lines) for conveying electricity at voltage in excess of 110kV and telecommunication lines forming part of the same facility.
In the Rural Zone, this is a Discretionary Activity.

1  GENERAL PROVISIONS
1.4 ASSESSMENT CRITERIA FOR RESTRICTED DISCRETIONARY, DISCRETIONARY AND NON-COMPLYING ACTIVITY RESOURCE CONSENT APPLICATIONS

1.4.1 Visual

1. The visual effects of an activity or work will be assessed in terms of the likely effect on:

1. The surrounding environment and general landscape character (including ridgelines and view planes) with particular consideration of public roads, public reserves, identified significant features, residential zones, dwellings in rural zones, or marae in the vicinity of the proposed facility.
2. Design elements in relation to the locality, with reference to the existing landscape character of the locality and amenity values.
3. The mitigating effects of any proposed Landscaping.

2. With regard to Activities in the Kaitiaki (Conservation) Zone:

1. Whether the siting, design and external appearance of any building dominates the skyline when viewed from any formed public road, accessway or public open space;
2. Where the application involves a building on or near a ridgeline the Council will consider whether:
   • The highest point of any building is below that of the natural landform at the watershed of the ridge line immediately adjacent to it; or
   • The highest point of any building is below that of any existing vegetation, or proposed planting, which provides a vegetative screen between the site of the proposed building and the watershed of the ridge immediately adjacent to that site.
3. Whether existing bush and vegetation will be retained where practicable, and sufficient landscape planting is provided for screening and as a backdrop where necessary, to ensure that buildings blend with the natural character of the landscape.
4. Whether any earthworks necessary for the creation of a building platform, and access, will cause minimal disturbance to the landform and character of the site, and whether any such areas will be appropriately landscaped as soon as practicable having regard to the season.
5. Whether driveways, private ways and turning areas will be constructed in such a manner as to require minimal disturbance to existing landform or vegetation.
6. In addition to (a) – (e) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Okauia 1 Block being Part DP7148, Okauia 4B Block, Lot 1 DPS 24315 Blocks IV and VIII Tapapa SD as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.
7. In addition to (a) – (e) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Section 126, Block II Tapapa East Survey District (CT SA5B/22) as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.

3. In making an assessment of visual impact regard shall be had to:

1. The scale of the facility or building;
2. Height, cross sectional area, colour and texture of structures and buildings;
3. Distance of structures to site boundaries, the degree of compatibility with surrounding properties;
4. Site location in terms of the general locality, topography, geographical features, adjoining land use, ie landscape character, rural houses;
5. Proposed planting, fencing and other landscaping treatments;
6. Proposed signs;
7. Civil aviation height, colour and design requirements;
8. The intensity of lighting when viewed from a distance should not be out of character with the environment in which the installation is situated;
9. Lights should be directed and positioned as far as practicable so as to prevent spill or light adversely affecting the use and enjoyment of adjoining properties;
10. The opportunity for co-siting the facilities;
11. Increased movement resulting from the activity.

4. In assessing any proposed landscaping regard shall be had to:

1. Whether existing landscape features are integrated into the new development;
2. Whether the layout and design are of a high standard, and provide a visual environment that is interesting and in scale with the proposed development;
3. Size and type of trees to be planted at the time of planting and at maturity having considered:
   • The character of the building or activity on-site;
   • The character of adjacent properties;
   • The scale of any parking areas to be screened;
   • Potential shadowing in winter of adjacent residential or rural properties or public reserves;
   • Underground and overground services;
   • Suitability of the species to the location;
   • Suitability of the maintenance plan and watering programme to the species.
4. The timing of implementation of the landscape plan and the maintenance of approved planting;
5. Whether the type and the location of planting promotes public safety.
6. Whether the Landscape Plan is certified by an appropriately qualified person as consisting of hardy plants suited to the location and capable of achieving the appropriate screening or enhancement purposes desired in the circumstances.
7. The Preliminary Visual and Landscape Study, October 1992 (Volume I).

1.4.2 Noise Effects

1. The Council shall ensure that existing activities are not adversely affected by the proposal. In determining appropriate noise levels, Council shall have regard to the noise environment of the locality in which it is proposed to site the facility and the practicality of reducing noise from the utility components.
2. With regard to airports, Council shall have regard to New Zealand Standard 6805:1992 and New Zealand Standard 6807 with regard to Helicopter noise.
3. Council shall also have regard to the "Guidelines for the Management of Road Traffic Noise - State Highway Improvements" by Transit New Zealand.
4. With regard to dwellings located within 50 metres of a State Highway and 25 metres of any other road within the rural zone, Council shall have regard to the environmental outcome prescribed for dwellings in Rule 5.2.1. Applicants should note that in some circumstances an acoustic design report may be required to enable the impact of noise on the dwelling to be fully assessed.

1.4.9 Risk Management

1. Council shall have regard to the degree of risk associated with the following. (Council may require further information to enable a full assessment of the proposal):

1. The use of hazardous substances in the facility and proof that the NZ Fire Service and the Regional Council have been advised.
2. The technology used in the provision of the service eg. high voltage electricity, radio-active material, electro magnetic fields.
3. Risk of rupture, breakage, collapse, failure, movement etc of components of the facility as it relates to the design and maintenance of the facility and the effect of natural hazards on the facility.
4. The measures inherent in the proposal which will avoid, remedy or mitigate the potential for that effect to occur.

2. Where the application relates to the use, management, development or rehabilitation of a contaminated site the applicant shall advise on the risks of undertaking the proposed activity in relation to the contaminants identified on the site.

1.4.10 Biological Effects

The existence on-site or adjacent to the site of outstanding, significant or intrinsically valuable ecosystems or flora or fauna (see Appendix 1, for the Evaluation Criteria).

1. Whether all existing indigenous vegetation will be retained but not including the understorey, and regrowth of failed lawful plantings of a plantation forest except where removal is unavoidable for the reasons outlined below:

• to create a building platform,
• for access and parking,

Any works should minimise disturbance to the landform/character and vegetation.

2. Whether there is sufficient time and expertise to record and document the heritage resource before the proposal occurs.
3. Consideration of the provisions of any relevant Management Plans.
4. Where the evaluation criteria in Appendix 1 show any significant natural feature, tree or stand of trees, building, object, geological feature or waahi tapu worthy of protection then that item should be included in the relevant schedule.

1.4.11 Rural Zone

Discretionary or non-complying activity resource consent applications on Class I, II and III soils within the Rural Zone must show that the good quality soil is not degraded, compromised or lost from the land resource. This rule applies to a title where 90% of the soils are Class I, II and III. This rule does not apply to 6.1.1 (3)(c) and (5), (6) and (7).

8  WORKS AND NETWORK UTILITIES
8.2 DEVELOPMENT CONTROLS

The following development controls apply, rather than Sections 3.1 to 3.4 to the activities listed below:

1. Landscape planting to a minimum depth of 3 metres shall be developed and maintained around the perimeter of any of the above activities. Landscape planting shall be assessed in accordance with Section 1.4.1 (iv).
2. All Yards Minimum 3m

• Electrical Substations and Switching Stations above and including 66kv
• Electrical, Radio, Telecommunication and Council Depots or workshops,
• Telephone exchanges,
• Radio, Meteorological or Telecommunication buildings greater than 30m2 gross floor area,
• Gas compressor stations valve and take off stations, sales gates and regulator stations, but excluding standard regulator stations with a maximum floor area of 3 m2 and maximum height of 2m.
• Windmills, wind power generators,
• Community solid waste management sites, sewage treatment plants
• Water reservoirs, hydro electric power stations, geothermal natural gas biomass and coal-fired generators of electricity facilities

7.00am to 8.00pm

50dBA

8.00pm to 7.00am

40dBA