South Waikato District Council

3.0 Planning Objectives

3.1 Overall Planning Objective for the District

The sustainable management of natural and physical resources in the South Waikato District.

3.2 Planning Objectives

1. The maintenance and enhancement of the landscape and amenity values of the District.
2. Safe and efficient transport systems.
3. The recognition and protection within the District of significant cultural historic and natural sites including ecosystems, indigenous vegetation and wildlife habitats.
4. The sustainable management of the natural and physical resources of the District in a manner that will enable people and communities to provide for their social, economic and cultural wellbeing and for their health and safety.
5. Adverse effects on the environment avoided, remedied, or mitigated.
6. The sustainable management of the natural and physical resources of the District to meet the reasonably foreseeable needs of future generations.
7. The presentation of the natural character of significant wetlands, lakes and rivers and their margins from inappropriate subdivision, use and development within the District.

No rules associated with this section.

6.0 Tangata Whenua

6.2 Objectives

6.2.1 The principles of the Treaty of Waitangi taken into account in all aspects of resource management within the South Waikato District.

6.2.3 Use, development and protection of natural and physical resources that recognise       the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.

6.3 Policies

6.3.1  To recognise and provide for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu (sacred sites), and other taonga (treasures).

6.3.4 To require, when deemed appropriate by Council, consultation to be undertaken between the applicant and the Tangata Whenua, prior to lodging a resource consent application.

No rules associated with this section.

10.0 Public Works and Network Utilities

10.2 Objectives

10.2.1 The provision of appropriate infrastructure in a way that does not have significant adverse effects on the environment.

10.2.2 Sustainable management of physical resources (the built environment).

10.2.3 To recognise the importance of network utilities to the social, economic and cultural well-being of the people of the district.

10.3 Policies

10.3.1 To provide for most public works and network utilities as Permitted Activities subject to compliance with Performance Standards.

10.3.3 To require the avoidance, remediation, or mitigation of significant adverse effects on the environment associated with the development of a public work or network utility.

10.3.4 To encourage the co-siting or sharing of public works and network utility facilities where this is technically feasible and practical and where the operations of co-sited                      facilities are compatible.

10.3.5 To encourage network utility operators to place public works and network utilities underground where appropriate and practical to avoid adverse effects on amenity values.

10.3.6 To ensure that all public works and network utilities are located and designed in a manner that will not adversely affect the health and/or safety of people.

10.4 Methods to Achieve Objectives and Policies

10.4.2 Specific Rules

Rule A The following public works and network utilities shall be Permitted Activities throughout the District unless otherwise stated and subject to complying with Rule B below:
(i) Electric lines for conveying electricity at a voltage up to and including 110KV with a capacity up to and including 100 MVA per circuit.
Rule B Public works and network utilities specified in Rule A above excluding private forestry roads, private ways, and farm tracks shall comply with the following performance standards to be a permitted activity:
(i) The consent of the directly affected landowner(s) must be obtained before any public work or utility is constructed or carried out.
(ii) Comply with the rules in all other sections of Part B of the District Plan.
Rule C Every public work and utility not provided for as a Permitted Activity shall be deemed to be a Discretionary Activity in every zone.
Rule D In relation to public works and network utilities, the following criteria shall be used when considering an application for a Resource Consent for a Discretionary Activity in the District Plan. Without limiting Council’s discretion, Council will have regard to:
(i) The degree of compliance with the performance standards for permitted public works and network utilities specified in Rule (B) above.
(ii) The degree of compliance with other sections in this District Plan.
(iii) The adequacy of measures to avoid or mitigate any adverse effects created by the activity.

11.0 Hazards

11.2 Objectives

11.2.1 Land use practices that do not cause or promote hazards.

11.2.2 Land use practices which recognise limitations on activities caused by hazards.

11.2.3 Safe land use practices which do not increase the risk of adverse effects from hazards on the environment, people and their property.

11.3 Policies

11.3.1 To control the location of buildings to ensure that they are not likely to be damaged by, or cause, hazards or cause risk to the health and safety of people.

11.3.2 To maintain an up to date Hazards Register and to map the recorded hazards as a guide for landowners to consider when carrying out landuse activities in the District.

11.3.4 To take any necessary action to avoid, remedy, or mitigate any actual or potential effects on the environment, including people, that could result from hazards.

Resource consent will be assessed on the following:

11.4.2 Specific Rules

Rule A No building shall be erected or placed, no activity shall be established, no development commenced, or subdivision consent given, on any land which is not suitable for the proposed use because of a hazard.
Rule B All applicants for resource consents (including subdivision consents) shall address in the application and to the satisfaction of Council, matters related to hazards as they may affect the suitability of the site for the proposed activity. The matters addressed shall include (amongst other matters) the possibility of material damage to either existing or proposed structures or property caused by:
(i) erosion;
(ii) earthquake faultlines or areas of seismic risk;
(iii) falling debris;
(iv) subsidence;
(v) slippage; or
(vi) inundation, from any source,
(vii) fire,
(viii) drought, wind and volcanic activity.
Rule C Where the Council considers it necessary, the applicant shall obtain and submit to Council at his or her cost and prior to any decision by Council, a professional opinion from a suitably qualified person, addressing the suitability of any site for the proposed activity. Such an opinion shall address:
(i) The nature of any hazard identified and how it can be avoided, remedied or mitigated.
(ii) Whether any proposed works or activities will accelerate or increase the potential for any hazard.
(iii) The likely effects that any remedial or mitigation work or activity may have on any other site or property.
(iv) Whether any works proposed to avoid or mitigate any potential hazard have been properly designed and can be satisfactorily carried out.
Rule D If during the course of the construction or placement of a building, establishment of an activity or development, Council is of the opinion that a professional opinion as set out in Rule C above is required, that opinion shall be supplied by the applicant before work will be allowed to continue.
Rule E Council shall have regard to Section 36 of the Building Act 1991 before granting or refusing a building consent. This section of the Act governs hazard matters such as erosion, inundation and slippage etc. as it affects building construction.
Rule F Council may impose as conditions of any resource consent, any requirements it considers necessary to avoid, remedy or mitigate any hazard identified in any resource consent application (including any subdivision consent application) which it considers necessary to protect the environment. Council also reserves the right to refuse consent to any application for resource consent where it considers that any hazard that cannot be avoided, remedied, or mitigated in accordance with the requirements of the Act may cause or advance the effect on the environment.

12.0 Landscape and Amenity Values

12.2 Objectives

12.2.1 The maintenance and enhancement of amenity values, and the protection of special landscapes.

12.2.2 The protection and enhancement of the natural character of rural areas of the District.

12.2.3 Residential areas that are peaceful and attractive places in which to live.

12.2.4 The enhancement of amenity values in the District’s commercial areas.

12.2.5  The avoidance, remedy, or mitigation of adverse visual effects of industrial and commercial activities.

12.3 Policies

12.3.1 To protect all special landscapes and landscape features of the District including areas of indigenous forest and vegetation.

12.3.2 To protect and enhance the amenity values of rural areas in the District.

12.3.5 To recognise the value of the landscape and visual amenity of the District as a basis for tourism recreational activities, particularly in relation to the main tourist routes.

No rules associated with this section.

14.0 Noise

14.2 Objectives

14.2.1 An environment where noise levels and types of noise do not exceed a reasonable level.

14.3 Policies

14.3.1 To control noise in order to avoid, remedy and mitigate the adverse effects of noise on the health and wellbeing of people, and fauna of the District.

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

14.3.3 To regularly monitor ambient noise levels in the District and review performance standards.

14.3.4 To liase with other agencies to harmonise Performance Standards relating to the control, measurement and assessment of noise.

14.3.5 To control development to minimise conflict between 'noisy' and 'quiet' activities.

14.4.2 Specific Rules

Rule B The following Performance Standards for noise shall be complied with throughout the District as detailed in this rule unless otherwise provided for in Rule C. Noise levels to be achieved will be measured at the affected boundaries of the properties receiving the noise of the activity or the notional boundary of a rural dwelling. The notional boundary will apply in the event that the nearest dwelling in the Rural Zone is more than 20 metres away from the boundary of the property on which the noise is sourced. The notional boundary may shift in the event that a new dwelling is erected on a lot created in the Rural Zone prior to 21 July 1994 (the date on which the Proposed District Plan was publicly notified).

15.0 Heritage and Ecological Protection

15.2 Objective

15.2.1 The protection of cultural, historic, and natural sites, areas, places and structures within the District, including important ecosystems and vegetation.

15.2.2 The management of indigenous vegetation and natural habitats in a sustainable manner in order to protect them from any adverse effects of development.

15.3 Policies

15.3.2 To identify and include in the Heritage and Ecological Inventory all heritage, historic, cultural, and ecological resources of importance including special natural features and landscapes, areas of important indigenous vegetation, and important habitats of indigenous fauna.

15.3.3 To implement a range of voluntary and incentive methods to promote, protect and enhance the sites and areas of heritage and ecological value identified in the Heritage and Ecological Inventory.

15.3.6 To assess the value of heritage and ecological features and implement protection measures, as part of resource consent applications.

15.3.8 To recognise the intrinsic value of natural and historic resources.

The line route does not affect any heritage or ecological features identified in the Council’s Land Information System.  As such, there are no specific rules that apply.

15.4.2 Assessment Criteria for Heritage & Ecological Features

Where a proposed subdivision or development application includes a heritage or ecological feature identified on Council’s Land Information System, the following assessment criteria will be used to assess whether protection methods (e.g. covenant) should be included as part of the resource consent approval (refer to Section 18.4.2).

19.0 Rural Zone

19.2 Objectives

19.2.2 Protect and conserve the potential of soils in the District for productive rural uses by    present and future generations.

19.2.3 Conserve the potential of the rural land resource for use by a wide range of rural activities.

19.2.4 To enable a range of size of rural properties and a range and choice of rural living environments to meet the needs of existing and future land users.

19.2.5 Minimise potential incompatibilities between activities in rural areas.

19.2.6 Protect and enhance those attributes of the District's rural environment that promote the "clean green" image and make it an attractive place in which to live.

19.3 Policies

19.3.2 To encourage land use practices that will enhance environmental quality and the "clean green" image of the District.

19.3.3 To control any actual or potential adverse effects on the environment by the use of performance standards for all activities in the Zone.

19.3.11 To monitor the effects of Council's objectives, policies and rules based on the                      following criteria:

1. fragmentation of rural land;
2. loss or degradation of rural landscape or character;
3. loss or degradation of community valued features, eg sites of ecological, cultural or historic value;
4. activity conflicts;
5. pressure on roading and other services;
6. traffic conflicts.

19.8 Non-complying Activities

Activities that are not Permitted, Controlled, or Discretionary will be Noncomplying and assessed according to the Performance Standards in Section 19.9 and the criteria contained in Section 5 (Administration) of the District Plan. Non-residential storage and activity is a Non-complying Activity in the Rural Zone.

19.9 Performance Standards for all Activities

To avoid, remedy or mitigate any actual or potential adverse effect on the environment, the following Performance Standards are required to be met for Permitted and Controlled Activities, and used as a guide for assessing Discretionary and Non-complying Activities.

19.9.1 Landscape and Amenity Values

All buildings shall conform to the following bulk and location requirements to minimise any adverse effects on the landscape or amenity values of the Rural Zone.

19.9.1.3 Height

Maximum height – 10 metres.

Note: No building, structure, mast, tree or other object shall penetrate any of the approach/departure slopes, transitional side slopes or horizontal surface as shown on Planning Map No. 45. Where the ground rises so that it penetrates or becomes close to the approach/departure slopes or transitional side slopes then these slopes may be adjusted in conformity with the contours of the ground so as to provide a vertical clearance of 10m above ground level.

19.9.1.4 Separation

Minimum distance of 5 metres between dwellings.

19.9.2 Part B : District Wide Planning Provisions

Every activity undertaken in the Rural Zone is required as a Performance Standard to comply with the rules detailed in Part B of the District Plan.

19.10 Subdivision

In addition to the provisions of Section 18 (Subdivision and Development) all subdivisions in the Rural Zone shall comply with the following Performance Standards.

19.10.1 Rural Sites

Site Area
(i) Minimum - 2500m² (exclusive of accessways)
(ii) Average site area per subdivision - at least 10 ha including the balance area.

Number of Sites

The maximum number of sites per subdivision application created (including the balance area) under this rule shall be 3 (i.e. 2 additional). The minimum area required for a subdivision under this Rule is 30 hectares.

19.10.2 Small Rural Sites (including lifestyle blocks)

Site area
(i) Minimum - 2500m² (exclusive of accessways)
(ii) Average site area per subdivision - at least 2 ha

Number of Sites

The maximum number of sites per subdivision application created (including the balance area) under this rule shall be 2 (i.e. one additional). The minimum area required for a subdivision under this Rule is 4 hectares.

25.0 Reserve Zone

25.2 Objectives

25.2.1 A sufficient area of publicly owned reserve land to ensure that the present and future needs of the District are met.

25.2.3 A high standard of visual, cultural, historical and ecological amenity and protection.

25.2.4 Provision of a network of esplanade reserves, esplanade strips and access strips along those streams, rivers and lakes which have significant natural, recreational, cultural, landscape, and/or amenity values.

25.2.5 Linkages between existing and new esplanade reserves.

25.2.6 Provision for recreational and other activities on lake and navigable rivers in a manner that is compatible with other uses and values of water.

25.3 Policies

25.3.1 To provide an adequate number, range and distribution of recreation reserves.

25.3.8 To establish and develop reserves in such a way as to enhance the amenity and visual character of the District whilst ensuring a minimum of conflict between recreational uses and adjoining land uses.

25.3.10 To encourage and/or require appropriate forms of riparian margin protection adjacent to water bodies which have significant natural, recreational, cultural, landscape, and/or amenity values.

25.3.12 To enable a wide range of recreational activities within the Zone in a manner that does not have adverse effects on the environment.

25.3.13 To establish and maintain reserves for the protection of significant indigenous vegetation and significant habitats of indigenous fauna.

25.8 Non-complying Activities

Activities that are not Permitted or Discretionary will be Non-complying and assessed according to the Performance Standards in Section 25.9 and the criteria contained in Section 5 (Administration) of the District Plan.

25.9 Performance Standards for all Activities

To avoid, remedy or mitigate any actual or potential adverse effect on the environment, the following Performance Standards are required to be met for Permitted Activities, and used as a guide for assessing Discretionary and Noncomplying Activities.

25.9.1 Landscape and Amenity Values

All buildings shall conform to the following bulk and location requirements to minimise any adverse effects on the landscape or visual amenity of the Reserve Zone.

25.9.1.1 Yard Requirements

All Yards - 10 m.

25.9.1.2 Height

On Recreation Reserves:
Maximum height: 8m for buildings and structures except that there shall be no maximum height for goal posts associated with a sport of any code. No part of any building shall protrude through a plane rising at an angle of 45 degrees commencing at the boundary.

On all other Reserves: Maximum height: 1m.

27.0 Hydro-Electric Power Generation Zone

27.2 Objectives

27.2 Conflicts with other uses and users of water resources avoided, remedied or mitigated.

27.3 Policy

27.3.1 To allow for the generation and transmission of electricity within the zone.

27.3.2 To provide for the maintenance, upgrading and limited expansion of existing electricity generating facilities.

27.3.3 To ensure adverse effects on the environment are avoided, remedied or mitigated through the use of rules and Performance Standards.

27.3.4 To ensure that the safety of the public is not adversely affected by activities within the Zone.

27.8 Non-complying Activities

Activities that are not Permitted, Controlled, or Discretionary will be Noncomplying and assessed according to the Performance Standards in Section 27.9 and the criteria contained in Section 5 (Administration) of the District Plan.

27.9 Performance Standards for all Activities

To avoid, remedy or mitigate any actual or potential adverse effect on the environment, the following Performance Standards are required to be met for Permitted and Controlled Activities, and used as a guide for assessing Discretionary and Non-complying Activities.

27.9.1 Landscape and Amenity Values

All buildings shall conform to the following bulk and location requirements to minimise any adverse effects on the landscape or visual amenity of the Hydro Electric Power Generation Zone or any adjacent zone.

27.9.1.1 Yard Requirements for Site Development

A 15 metre yard is required for all structures at the boundary with any adjacent zone except for the upstream log booms and associated ancillary structures.