3b. Rural Environment |
Objective 1
3b.2.1 The protection of the Rural Environment to maintain and enhance the rural amenity and character.
Policies
i. Maintain and enhance the amenity and character of the Rural Environment by providing land use performance standards and subdivision rules to manage the scale and density of development.
v Protect the District’s lakes and river margins from buildings that are visually obtrusive and/or result in a decline of the amenity of the foreshore area, by controlling the bulk and location of these structures.
vi Avoid, remedy or mitigate adverse effects of subdivision, use and development of land on areas or features of cultural, historical, landscape or ecological value.
Objective 4
3b.2.4 The efficient and effective functioning of the Rural Environment by enabling the use and development of natural and physical resources, while ensuring appropriate environmental outcomes are achieved.
Policies
v To recognise the important role of resource use and development in the Rural Environment, by providing for the continued operation and associated development of existing electricity generation facilities and network utilities by allowing their use, maintenance and minor upgrading where all significant adverse effects are avoided, remedied or mitigated.
Objective 5
3b.2.5 The protection of adjoining Environments from the adverse effects of activities within the Rural Environment.
Policies
i Manage the potential for adverse effects of activities in the Rural Environment at the interface of this and other more sensitive Environments. |
4b.1 Rules
4b.1.4 Any activity involving continued operation, maintenance and minor upgrading of existing electricity generation core sites, geothermal steamfields and associated structures is a permitted activity.
For the purpose of this rule ”maintenance” means:
All activities associated with the protective care and monitoring of a hydro dam, a geothermal or hydro electric power station, geothermal steamfield and associated structures, in order to arrest the processes of decay, structural fatigue, erosion or dilapidation and includes maintenance of surrounds and water areas.
For the purpose of this rule “minor upgrading” means:
Structure improvement, repair and replacement of worn or technically deficient parts of the powerhouse, hydro dams, separation plants, switchyards, intake, control and diversion structures, wells, pipes, tunnels, cables, other equipment and accessory buildings and structures of similar character and scale, and includes associated drilling, earthworks and vegetation removal. Also the extension to existing buildings and structures, and the erection of new buildings and structures up to 100m2 in area and not exceeding the maximum height standard for the Rural Environment and the erection of any aerial, antennae or communication dish not exceeding 5m2 in area located on top of a hydro or geothermal existing structure, subject to compliance with the Noise Performance Standard.
4b.1.7 Any activity that:
i. is not a PERMITTED, controlled activity or restricted discretionary activity, is a discretionary activity.
4b.2 Assessment Criteria
Please note: These criteria are not exclusive with other criteria able to be considered in the assessment of a discretionary activity.
1. GENERAL CRITERIA
i. Impact of the development or subdivision on the functioning of the Rural Environment, surrounding allotments and other adjoining Environments.
ii. Potential for conflict between the development or subdivision and other existing activities within the Rural Environment.
iii. Any cumulative effects of the development or subdivision, (including precedent effects).
iv. The design, density and layout of the development or subdivision (including any response to natural hazards).
v. Any immediate or potential cumulative effects of the land use on the quality of the District’s lakes, waterways and aquifers, and the methods by which these adverse effects can be avoided, remedied or mitigated.
vi. Any actual or potential cumulative effects of the development or subdivision on the amenity and character of the Rural Environment, and the methods by which such effects can be avoided, remedied or mitigated. Attributes that may contribute to a higher level of amenity and rural character include, (but are not limited to):
_ A sense of place;
_ Aesthetic coherence;
_ Feelings of remoteness;
_ Open space, including existing recreational opportunities;
_ A relatively high standard of privacy;
_ A lower incidence of household noise;
_ A lower incidence of traffic on local roads and access ways;
_ A lower incidence of litter and pollution;
_ Open vistas of vegetation and prominent topographical features;
_ A lower incidence of buildings and structural clutter.
vii. Any actual and potential effects of the development or subdivision on areas or features of cultural, historical, landscape or ecological value, (as identified through the provisions of this Plan).
viii. The provision, design and location of network utility services, secure water supply, waste water treatment systems, access ways and vehicle crossings, new and existing roads.
ix. The location general assessment criteria and scope of earthworks, including its movement to, from and on the site.
x. The clearance or planting of vegetation, including its location, species and maintenance.
xi. The imposition of conditions in accordance with Section 108 of the Resource Management Act 1991.
xii. Consideration of any relevant Management Plan or Strategy as guidance during the resource consent process.
xiii. Any effects or potential effects on land stability.
xiv. Any potential adverse effects from Natural Hazards, including flood inundation or erosion from the District’s waterways and lakes.
2. BUILDING HEIGHT
i. The extent to which the extra height will:
_ adversely affect the character and visual amenity of the area and the surrounding Rural Environment, particularly in terms of the dominance of open space over built form;
_ reduce the privacy or outlook of adjoining allotments;
_ adversely affect Outstanding Landscape Management Areas and Landscape Amenity Management Areas.
ii. Proposed methods for the avoidance, remedying or mitigation of potential adverse effects, and the degree to which they would be successful including:
_ the extent to which topography, alternative design, planting or setbacks can mitigate the adverse effects of the extra height.
5. NOISE
i. Ambient sound levels and the impact of any cumulative increase.
ii. The degree to which the sound contrasts with the characteristics of the existing sound environment in terms of level, character, duration and timing.
iii. The length of time, and the level by which the noise limits will be exceeded, particularly at night.
iv. The nature and location of nearby activities and the effects they may experience resulting from the increase in sound levels.
v. 1Whether the sound levels are likely to detract from the amenity or general environmental quality of the surrounding Residential Environment. [399/03]
vi. The topography of the allotment and any influence this may have on sound propagation.
vii. Proposed methods for the avoidance, remedying or mitigation of potential adverse effects and the degree to which they would be successful including:
_ insulation and barriers and the isolation of the source of the noise.
8. EARTHWORKS
i. Detraction from the amenity of adjoining allotments in terms of such matters as noise and dust occurring as a result of the earthworks, and the resulting impact on the use of these allotments.
ii. Potential for the creation of a nuisance effect for residents within the area.
iii. Time period for which soil will be exposed.
iv. Proposed methods for the avoidance, remedying or mitigation of potential adverse effects and the degree to which they would be successful including:
_ planned rehabilitation, recontouring and revegetation or the retention of existing vegetation.
_ Identification of alteration to catchment drainage including diversions and stormwater management during earthworks construction.
v. Whether there are any Archaeological sites, and the potential effect of the earthworks on these sites.
4b.3 Performance Standards
4b.3.1 Maximum Building Height
i. 10m
ii. EXCEPTION: Height Restricted Areas – 5m
Unless otherwise indicated on the Planning Maps
iii. EXCEPTION: Activities associated with Electricity Generation on land identified as Geothermal Area in Section O and on land identified as an Electricity Generation Core Site – 15m
iv. EXCEPTION: Cranes being used as part of any construction or maintenance works for the duration of those works – no height limit
v. EXCEPTION: Drilling Rigs for up to 60 days per well site – no height limit
4b.3.6 Maximum Noise
i. The measurement sample time within the following time frames shall not exceed:
_ Daytime 55 dBA
_ Evening 55 dBA
_ Night time hours 40 dBA Leq with a maximum sound level (Lmax) of 70 dBA
_ Measurement location to be at any point within the notional boundary of any dwelling on another site.
ii. 2At the boundary of other Environments, the more stringent ‘Maximum Noise’ requirement shall apply
iii. All construction noise shall meet the requirements of New Zealand Standard NZS 6803:1999 Acoustics Construction Noise
iv. To be measured in accordance with New Zealand Standard NZS6801:1999 Acoustics Measurement of Environmental Noise, and assessed in accordance
with New Zealand Standard NZS 6802:1999 Acoustics Assessment of Environmental Noise
v. EXCEPTION: The Taupo Airport shall meet the requirements and be managed according to New Zealand Standard NZS 6805:1992 Airport Noise Management and Land Use Planning
4b.3.9 Maximum Earthworks
i. No dust or silt nuisance beyond the boundaries of the allotment (except internal allotment boundaries).
ii. Please note: Where activities such as earthworks and on-site sewage treatment involve discharges to land, air and water, a resource consent may be required from the relevant Regional Council. |
3g. Tangata Whenua |
Objective 1
3g.2.1 Recognise and provide for the cultural and spiritual values of Tangata Whenua in managing the effects of activities within the District.
Policies
i Take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in the management of the natural and physical resources of the District.
ii Ensure activities have regard for the cultural values of Tangata Whenua as Kaitiaki of their culture, traditions, ancestral lands, water and other taonga.
Iii Ensure activities on or near Sites of Significance to Tangata Whenua are undertaken in a manner which provides for the cultural and spiritual value and significance of the site. |
4e.4 Tangata Whenua Cultural Values
There are no rules or performance standards for this issue. However, during assessment of a resource consent application, the following matters shall be taken into consideration where appropriate.
ASSESSMENT CRITERIA
i. Where there are any sites of significance to Tangata Whenua (whether identified in the Plan or not), and the potential effect of the activity on the cultural value of the site.
ii. Any alternative locations available for the activity, or whether the activity can be undertaken without adversely affecting the site of significance to Tangata Whenua.
iii. Whether proposed mitigation measures to be undertaken as a result of the activity protects or preserves the value and/or significance of the site.
iv. The relationship of a site of significance to Tangata Whenua with the surrounding area and whether the activity will result in severance or isolation from the surrounding area, resulting in the loss of that value. |
3i. Natural Values |
Objective 1
3i.2.1 Protection of the integrity of areas of natural value.
Policies
i Maintain the integrity of areas of natural value and protect them from inappropriate activities and development.
ii Allow for activities which are compatible with the qualities of areas of natural value and avoid, remedy or mitigate adverse effects on the natural values.
iii Consider the scale, intensity, location and design of activities within areas of natural value to avoid adverse effects on the natural values. |
4e.6 Natural Values
These assessment criteria shall only apply in relation to assessment of a resource consent application required pursuant to rule 4e.6.1.
ASSESSMENT CRITERIA
i. Effect of the activity on the integrity or functioning of the natural values in the area.
ii. The extent of disturbance or modification of an activity on the ecological or geological qualities of the natural values in the area.
iii. The effectiveness of any existing or proposed protection of enhancement mechanisms.
iv. Community desire for access to a public area of natural value and the potential effect on the natural values in allowing public access.
v. The current condition or state of the natural values in the area.
4e.6.1 Criteria for Natural Value Management Areas
Discretionary activity resource consent is required for any of the following activities, except where a resource consent is held from a regional council that authorises that particular activity:
1. Clearance of indigenous vegetation of a total area of 1ha or greater in any 12 month period from a contiguous area of vegetation;
2. Clearance of any indigenous vegetation or habitat of indigenous species within an area that has been set aside by statute or covenant;
3. Clearance of vegetation that contains known rare or threatened indigenous species;
4. Indigenous vegetation clearance in a wetland identified as significant indigenous vegetation or significant habitat of indigenous fauna under Appendix 3 to the Waikato Regional Policy Statement;
5. Indigenous vegetation clearance within 20 metres of a “Significant Geothermal Feature” as defined in the Waikato Regional Policy Statement and mapped for Development Systems in the Proposed Waikato Regional Plan;
6. Indigenous vegetation clearance within:
_ 10 metres of a wetland or perennial stream or lake, with a bank slope of less than 15 degrees; or
_ 20 metres of a wetland or perennial stream or lake, with a bank slope of 15 degrees or greater
For the purposes of this rule, vegetation clearance excludes:
_ clearance of planted tree vegetation
_ clearance of up to 10 linear metres of indigenous vegetation that does not contain a threatened indigenous species on either side of a wetland or perennial stream per kilometre of bank length for stream or wetland crossings;
_ clearance of vegetation that has grown under the canopy of planted tree vegetation;
_ clearance of vegetation for operation, maintenance and minor upgrading (as defined by Rules 4e.14.3 and 4b.1.5 provided that the effects are of the same intensity, character and scale) of existing facilities and electricity generation activities, but excluding their expansion;
_ clearance of any vegetation that has become a threat to human life or property as a result of natural causes;
_ clearance of any vegetation that has regenerated within five years following harvest in areas of planted tree vegetation;
_ clearance of discrete areas of failed planted tree vegetation within the original stand boundary of an area of planted tree vegetation that failed within the last rotation;
_ damage or disturbance, but not destruction, of indigenous vegetation as a result of planted tree vegetation harvesting provided that the damage or disturbance is temporary and minor and any damage or disturbance is minimised;
_ clearance of vegetation in Development Geothermal Systems (as defined in the relevant Regional Plan) in the course of the use and development of geothermal resources within areas consented by a Regional Council for the take and discharge of geothermal fluid and well drilling.
Note: Landowners may wish to contact the District Council or the Department of Conservation for assistance with ascertaining whether an area contains rare or threatened species. |
3l. Natural Hazards |
Objective 1
3l.2.1 Protection of activities, development and life from the adverse effects of natural hazards.
Policies
i. Control the design and location of activities and development within identified natural hazard areas, or areas which have significant potential to be affected by a natural hazard, to avoid or mitigate the effects of the natural hazard.
ii. Manage the location, design, and type of new activities and development to avoid or mitigate the adverse effects of flooding, erosion, ground rupture and deformation, hot ground and land instability on development and the community.
Objective 2
3l.2.2 Activities and development do not create, accelerate, displace, or increase the effects of a natural hazard.
Policies
i. Ensure that activities do not alter or change the nature of a natural hazard event, increase the intensity of a natural hazard event or increase the risk of the event occurring.
ii. Ensure that activities and structures do not increase the risk to the community or the environment from the effects of natural hazards.
iii. Ensure that where development occurs within areas subject to the effects of natural hazards, property owners and/or occupiers are informed of and manage the risk.
iv. Control the location and presence of hazardous substances in areas subject to natural hazards to ensure that there is no increase in the effects of the natural hazard or risk to the community from hazardous substances. |
4e.9 Flood Hazard Area
RULES
4e.9.1 Any activity within the Flood Hazard Area which:
a. complies with all the rules and performance standards for the Environment within which it is located;
b. is not identified as a discretionary activity within another part of this Plan; and
c. is not in the Erosion Hazard Area,
is a controlled activity.
The matters which the Council reserves control for the purpose of
assessment are:
i. the minimum floor level of any structure;
ii. earthworks and any alteration of ground level;
iii. the location of any building or structure in relation to any overland flow path;
iv. the distance of any building or structure in relation to the banks of the river and Lake Taupo;
v. the storage and use of any hazardous substance, excluding those substances used or stored for domestic purposes.
4e.9.2 Any activity within the Flood Hazard Area that is not a controlled activity,
is a discretionary activity.
ASSESSMENT CRITERIA
i. Degree to which building, structural or design work to be undertaken can avoid or mitigate the effects of the natural hazard.
ii. The nature of the activity, its intended uses including whether the use is temporary or permanent and the degree to which other people are put at risk as a result of the activity.
iii. Degree to which the activity may increase, worsen or alter the effect of the natural hazard.
iv. Any increase of/in the flood hazard to other sites, including any effect on drainage function (outside of the bed of a river) during a flood event from the proposed activity.
v. Any risk to the structure or proposed activity from erosion. |
3n. Network Utilities |
Objective 1
3n.2.1 The continued efficient and effective operation, maintenance and minor upgrading of existing Network Utilities and the provision of new Network Utilities.
Policies
ii Provide for the establishment of new Network Utilities in a way that, as far as practicable, recognises the characteristics and amenity of the different Environment areas.
Objective 2
3n.2.2 Network Utilities are designed and located to avoid, remedy or mitigate adverse effects on the environment and protect the health and safety of the community.
Policies
i The establishment, operation, maintenance or upgrading of Network Utilities does not compromise the health and safety of the community.
ii Avoid, remedy or mitigate the potential adverse effects of the location and siting of new Network Utilities on significant landscape features and the amenity and character of the District.
iii Encourage, in urban areas, the underground siting of those components of Network Utilities (e.g. pipes, lines, cables) that have the potential to result in adverse visual effects while having regard to the best practicable option for the location of these components.
iv Encourage Network Utilities to avoid, remedy or mitigate adverse effects on the environment by co-siting or sharing facilities where this is technically practical and feasible while having regard to the best practicable option for the siting or sharing of facilities.
v Recognise that Network Utility services can maintain and enhance the social and economic well-being of communities. |
4e.14 Network Utilities
RULES
4e.14.7 Network Utility masts, poles, lines and support structures within legal roads which are not a permitted, controlled or restricted discretionary activity, are a discretionary activity.
4e.14.8 Network Utility structures which are not a permitted, controlled or restricted activity are a discretionary activity.
ASSESSMENT CRITERIA
i. The size and scale of proposed new masts, poles, lines, antennae and support structures and whether they are in keeping with the size and scale of any existing overhead reticulation or facilities.
ii. Any technological or topographical reasons why the new lines and or structures cannot be placed underground.
iii. Whether the location of new or additional overhead lines, antennae and/or structures will have an impact on:
_ whether the placement of any new structures, antennae and/or lines will have an adverse affect on other users of the road;
_ amenity values, including public views and streetscape;
_ areas of significant Tangata Whenua cultural value, landscape, natural, or historic value.
iv. Reconstruction or reinstatement of any natural ground surface, including the replacement of any vegetation removed.
4e.14.9 New overhead lines outside legal road are a discretionary activity, except as provided for by Rule 4e.14.2.
PERFORMANCE STANDARDS
4e.14.10 - Max. Exposure Levels
i Not exceeding the levels specified within NZS 2772.1:1999 Maximum exposure levels 3KHz to 300GHz in areas normally accessible to the public.
ii Operator to notify the Council of the location of proposed transmission facility (except point to point facilities).
4e.14.11 - Gas Distribution
Natural or manufactured gas, pipes and ancillary equipment for the distribution (but not transmission) of gas at a gauge pressure not exceeding 2000 kilopascals.
4e.14.12 - Electricity Voltage
Lines for conveying electricity at a voltage up to and including 110kV with a capacity up to and including 100 MVA.
4e.14.13 Masts and Poles within legal road and in Rural Environment
_ 15m max height
_ 0.5m max diameter
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