Waipa District Council

2. Rural Activities

2.2 Rural Objectives
Objective RU1

To manage the rural environment so that changes induced by humankind do not significantly affect the ability of the land and water to sustain the activities of human, animal and plant communities

Objective RU2

To monitor the effects on the environment of changes in the use of land and water areas.

2.3 Policies
2.3.1 Landscape Character Areas

Policy  RU1

To identify the different landscape character areas within the district and create controls and performance standards appropriate to the special circumstances of each area and design guidelines as may be required.

2.3.2 Special Landscape Character Areas

Policy RU2

To protect the existing landscape character of Mount Kakepuku, Mount Pirongia and Mount Maungatautari and the steep hill country around them. 

Policy RU3

To identify the different landscape character areas of the mountains and provide management guidelines for development which will recognise and enhance the landscape character of the area.

Policy RU8

To protect the landscape of the Waikato River Valley and lakes and control development so as to avoid or mitigate any adverse effects on the environment.

Policy RU9

To protect the landscape quality of the State Highway 1 corridor alongside Lake Karapiro.

Policy  RU10

To discourage further development which could have an adverse effect on the landscape qualities of the scenic landscape protection corridor along State Highway 1 including restrictions on the erections of further buildings, structures, powerlines, drives and accessways.

Policy RU11

To protect the landscape character of the edge of Lake Karapiro.

Policy RU12

To restrict development to pastoral farming activities.

Policy RU14

To protect the landscape character of the river whilst allowing activities including rural-residential development, in areas where they will have minimal adverse visual effect on the landscape.

Policy RU15

To ensure that uses which are likely to have adverse effects on the landscape are sited, designed and screens so that the adverse effects are avoided or sufficiently integrated so that the effect is minimal.

Policy RU16

To provide management with guidelines for development which will recognise and enhance the landscape character of the River valley as shown on Figure 7.

Policy RU17

To protect the landscape quality of Lake Arapuni and environs.

2.3.3 General Rural Policies

Policy RU18

To preserve the natural character of wetlands, lakes and rivers and their margins and to protect them from inappropriate subdivision, use and development.

Policy RU19

To require good riparian management in the margins of wetlands, lakes and rivers.

Policy RU20

To require good riparian management as a condition of resource consent for any activity which is likely to have an adverse effect on the ecology of any wetland, lake or river.

Policy RU21

To support the protection of riparian margins by all methods within the Council’s power including esplanade reserves and esplanade strips and to seek financial and other assistance from other organisations for this purpose.

Policy RU22

To identify areas of significant indigenous bush or trees in the District Plan, and devise a variety of methods to ensure their protection.

Policy RU37

To protect areas of significant indigenous vegetation and significant habitats of indigenous fauna.

Policy RU38

To prepare management plans for each protected area (particularly the lakes within the District), so as to ensure that their unique qualities are protected.

Policy RU39

To ensure that prime agricultural land remains available for future primary productive use.

Policy RU40

To encourage activities which would compromise the future use and availability of prime agricultural land to locate in alternative rural or urban locations.

Policy  RU41

To ensure that Maori conservation ethics and issues are taken into account in the management of rural areas.

RU42

To protect assets of cultural significance to Maori

Policy  RU43

To consult with Iwi on issues of cultural significance including kaitiakitanga and waahi tapu.

Policy  RU45

To ensure that other land uses in rural areas do not adversely affect the rural environment or the sustainable use of any resource to any significant extent wither separately or in aggregation.

2.3.4 Matters to be Considered in Relation to Rural Activities which could have an Adverse Effect in the Environment

Policy  RU63

To ensure for any land use activity in rural areas that adequate consideration is given to matters which could adversely or beneficially affect the environment or the sustainability of natural and physical resources.

2.4.18 Rule – Height of structures and trees etc.

1. Maximum height of structures – 12m but subject in all cases to Rule 2.4.18(2).
Provided that no structure shall penetrate a recession plane at right angles to a boundary inclined inwards and upwards at an angle of 45˚ from 2.7 metres above the finished ground level of the front, side or rear boundaries of a site.

Any activity which does not comply with Rule 2.4.18(1) shall be a discretionary activity in relation to this matter and shall be considered in accordance with Rule 2.7.8.

2.4.23 Rule – Noise

All activities shall be conducted and buildings located, designed and used to ensure that noise levels within the boundaries of any site which is zoned Residential or within the notional boundary of any rural dwelling shall not exceed the following limits:

All activities (Except Mineral Extraction Activities):
Day Time   7.00am – 8.00pm         50dBA(L10)
Night Time 8.00pm – 7.00am         40dBA(L10)

No single event noise level Lmax shall exceed 65dBA between 10.00pm and 7.00am.

The noise levels shall be measured an assessed in accordance with the requirements of NZS 6801:1991 Measurement of Sound and NZS 6802:1991 Assessment of Environment Sound. 

2.7 Criteria for assessing discretionary activities
2.7.1 Rule – General

Without restricting the Council’s ultimate discretion in any way the following Rules set out the matters which the Council will have regard to in determining whether to grant consent and what conditions, if any, to impose. 

2.7.2 Rule – protection of indigenous trees and vegetation and habitat of indigenous fauna

1. Any resource consent application shall describe the use of land which does not comply with Rule 2.4.1 and shall submit the following information:
a) A site plan detailing the area affected by any activity which does not comply with Rule 2.4.1.  The site plan shall show contours at 5m intervals, rivers, lakes etc. in order to give a general impression of the type of country within which the activity is to take place.
b) A statement showing the staging of work with:

• Estimated duration of the activity; and
• Whether the activity is to be a staged programme or total clearing or selective clearing or a combination

c) A programme indicating the restoration of the areas affected and the subsequent proposed use of those areas.
d) Existing potential or capability of the soil in terms of production and change expected after restoration.
e) Proposals for protection of any forest in in relation to the edges of rivers, streams, roads, areas prone to erosion or areas of wetland as required by the Waikato Regional Council.
f) Outline of any proposal for protection of the visual amenities with respect to tourist routes or resorts in the area and in particular any proposals to alleviate straight interfaces between cleared land and remnant areas of forest or other vegetation.
2. In considering an application for a resource consent for a Discretionary Activity the Council has not restricted the exercise of its discretion and will have regard to the following matters:
a) the likely adverse effects on the botanical, ecological, wildlife habitat and scenic value of indigenous trees and vegetation, and water areas.
b) the likely adverse effects of drainage, excavation and filling including;

• A risk of detritus entering any water course;
• A risk of instability of potential instability of surrounding land and whether an alternative is available;
• A risk of inundation or flooding.

c) the need to obtain a practicable building site, access, parking area or the installation of services on the land.
d) the practical utilisation of the land for farming or other activities.
e) the reasonable requirements of a landowner to engage in farming activities and utilise indigenous trees or bush as timber for fencing, firewood or other limited ises on their own land.
f) the visual effect on the existing character of the rural area.
g) the likely adverse effects on Maori ancestral land, water sites, waahi tapu and other taonga.

2.7.8 Rule – Height of structures

In determining whether to grant consent for a structure of a height in excess of that permitted by Rule 2.4.18(1) and what conditions, if any, to impose the Council shall have regard the Section 104 of the Act and to the following matter:
a) the visual impact of the structure on the scenic and landscape qualities of the area in which it is likely to be located;
b) the effects buildings may have on neighbours and neighbouring properties and in particular:

• Any additional shading of gardens, buildings or crops;
• Blocking of daylight to adjoining residential buildings; and
• Loss or obstruction of views or outlook enjoyed by the occupants of existing residential dwellings

Except in cases where Section 104(6) of the Resource Management Act applies.

2.7.9 Rule – Effects of noise

1. in determining whether to grant consent for an activity with noise levels exceeding those set out in Rules 2.4.23 and 2.4.24.5 and what conditions, if any, to impose the Council shall have regard to Section 104 of the Act and to the following matters:
a) the maximum noise levels of the proposed activity;
b) the frequency that the noisy activity takes place;
c) the length of time that the noise continues;
d) special characteristics of the noise;
e) the likely adverse effects of noise on other activities in the locality (includes cumulative effects); and
f) Any possible means of mitigating the effects of the noise.
2. In granting any consent the Council may impose conditions including maximum noise levels and the days and times during the day on which the noise may be created, and requirements for the mitigation of the effects of noise. 

9. Public Works and Works of Utility Service Operators

9.2 Objectives
Objective PW1

To make provision in the District Plan for public works and utility services.

Objective PW2

To ensure that any likely adverse effects on the environment of public works and utility services are avoided or mitigated to the extent that is possible and practical.

9.3 Policies

Policy PW3

To prescribe additional Rules for the performance of any public work, work or project as may be necessary in order to mitigate any adverse effects on the environment.

Policy PW4

To include utilities structures of the Council and utility service operators that are not otherwise designated in the District Plan as activities allowed, in particular zones as Permitted, Controlled, or Discretionary Activities as may be appropriate according to their scale of operation and likely effect on the environment.

Policy PW5

To define zones for works and projects which are likely to have a major impact on the environment and for which the procedure of designation is not available and identification and classification as an activity in other zones is inappropriate.

12.3.1 Rule – Permitted activities

4. the construction, maintenance, upgrading, replacement or alteration of, or addition to, a utility service located above ground in all zones except the Special Landscape Character Areas of the Rural Zone and the Deferred Residential Zone.
Conditions:
a) the maximum height of a mast with or without electric lines and/or telecommunication lines and/or associated antennae and satellite dishes shall not exceed 20m in the General Zone and 25m in the other zones provided for in this rule.
b) the maximum height of any other utility structures shall comply with the ‘height of structures’ Rule for the zone in which it is located. 
d) no utility structure more than 2.5m square in area and 2.5m in any dimension shall be located within 40m of the boundary of a Residential Zone or within 40m of a dwellinghouse in the Rural Zone, with the exception of telecommunication lines or 110kV  transmission lines and any necessary supporting structures. 
h) electric lines shall be designed and/or constructed to conduct electricity at a voltage no greater than 110kV and with a capacity no greater than 110MVA per circuit.
i) a utility operator shall adopt the best practicable option to ensure that the noise level from the utility does not exceed the maximum noise level included in the rules for the zone in which the utility is located.  Noise will be measured from a location within the boundary of the nearest adjoining site to the utility. 
Any activity which does not comply with Rule 12.3.1.4 shall be a discretionary activity and shall be considered in accordance with Rule 12.3.3.

12.3.3 Rule – Discretionary activities

The following are discretionary activities in all zones in the District.
1. the construction, alteration of and addition to utility services, including reservoirs, not specifically provided for elsewhere as permitted, controlled or discretionary activities in all areas of the District. 
2. In considering an application for a resource consent for a discretionay activity which does not comply with Rules 12.3.1.3, 12.3.1.4 or 12.1.3.5 or for a discretionary activity under Rule 12.3.3.1 the Council has restricted the exercise of discretion to the following matters:
a) whether the utility structures will be obtrusively visible or will detract from the amenities of the area in which it is located or any nearby area, and the extent of any measures taken to avoid, remedy or mitigate those effects. 
b) whether the size or location of the structure will affect significant views of the urban or rural landscape particularly from State Highway Numbers 1 and 3, together with the extent of any measures taken to avoid, remedy or mitigate such effects. 
c) whether the size or location of the structure will affect the provision of adequate sunlight into residential buildings and public places. 
d) whether alternative locations or other options are physically, technically, or operationally possible in order to protect the environment, having regard to the costs and benefits involved. 
e) whether the utility structure damages habitats or ecosystems or causes loss of significant vegetation. 
f) whether the building of the utility structure causes any significant alteration to or recontouring of existing landforms or topography.
g) whether the heritage significance of the area or site is affected by the construction of the structure.
h) whether the utility will be hazardous or will otherwise affect people’s health or safety. 

In considering an application for a Resource Consent for a discretionary activity under Rule 12.3.3.3 the Council has restricted the exercise of its discretion to the following matters:
a) whether the heritage significance of the area or site or building is affected by the construction of the utility structure or is affected by the existence of the utility structure.
b) whether alternative locations or routes are available in order to safeguard the area or site.

11. Noise

11.2 Objectives

Objective NS1

To avoid the adverse effects of noise on the health and wellbeing of people in the District.

Objective NS2

To protect the amenity values of the District from the adverse effects of noise.

11.3 Policies

Policy NS1

To define areas of the District in which particular performance standards for noise shall apply.

Policy NS2

To establish maximum permissible noise levels as a minimum standard for defined areas of the District.

Policy NS6

To provide for public information and participation on District noise issues.

Policy NS7

To monitor noise trends throughout the District.

Policy NS8

To cooperate with adjoining territorial local authorities in providing equity and effectiveness in inter-district noise management.

Refer to Rules under Rural Zone

12. Heritage Protection

12.3 General Objectives

Objective HGH1

To identify in the District Plan all heritage objects and areas of architectural, historical, cultural, spiritual, scientific or ecological significance.

Objective HG2

To develop an effective process for consultation with the Historic Places Trust and other Heritage Protection Authorities established to ensure that any proposed activity (whether permitted or where a consent is required) will not have a detrimental effect on any heritage item or areas.

Objective HG3

To ensure that the most appropriate and sensitive consultation process is established with the Iwi Authorities and the tangata whenua.

Objective HG4

To protect heritage objects and areas from adverse effects of incompatible uses and activities.

12.4 Policies
1. Identification of Heritage Areas

Policy HG1

To clearly identify in the District Plan all heritage objects and are as that have high conservation or heritage status.

Policy HG2

To respect the sensitivity of Iwi in identifying the location of places which are waahi tapu or have some aspect of taonga associated with them.

2. Notification of Development involving Heritage Objects and Areas

Policy HG3

To advise the New Zealand Historic Places Trust of proposed significant developments involving identified Heritage Objects and Areas.

3. Stands of Significant Bush and Trees
Policy HG4

To identify significant stands of bush or trees and significant specimen trees in the District Plan, and devise a variety of methods to ensure their protection.

11.3 Preservation of archaeological sites including those in Appendix 11

(refer to Rule 11.4.1)

11.4.1 Rule – General

No alteration shall be made to landform, trees, bush or any other physical feature or structure on any heritage site included in Appendices 11 and 12 or any urupa or waahi tapu and other taonga sites identified in any consultative process except with the consent of the Council and/or the appropriate Heritage Authority where it is necessary  to do so for the preservation of the heritage values of the site or for matters of public safety. 

Activities which do not comply with Rule 11.4.1 shall be discretionary activities in relation to this matter and shall be considered under 11.4.2

11.4.2 Rule – Discretionary Activity Assessment Criteria

Council shall have regard to the following matters in respect of any application relating to a heritage resource listed in Appendices 11 and 12:

• The category in which the resource is listed and the reasons why it has been listed;
• The nature, form and extent of the proposed development, the effect of these factors on the character of the listed feature;
• Any conservation plan or assessment of environmental effects submitted with the application;
• Whether the consent of the Historic Places Trust has been obtained; and
• The written consent, where necessary, of the relevant Heritage Protection Authority where the feature is the subject of a Heritage order.