District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Part 4 General rules
4.1 Introduction
4.2 Activities not otherwise specified
4.3 Relationship between buildings and other activities
4.4 Prohibited activities
4.5 Temporary activities
4.6 Noise and vibration from construction activities
4.7 Methodology for measuring noise
4.8 Wastewater
4.9 Signs
4.10 Lighting
4.11 General rules about the application of land unit and settlement area classifications
4.12 Pest control
4.13 Relationship with rules in other parts of the Plan
4.1 Introduction
This part of the Plan sets out the general rules which
apply to a range of activities throughout the islands. The matters covered
are listed on the contents page.
4.2 Activities
not otherwise specified
A resource consent for a non-complying activity must
be obtained for any activity, including the construction of a building
or use of any land or building which is:
- not specifically provided for as a permitted,
controlled, restricted discretionary or discretionary activity in the
parts of the Plan applying to the location of the activity, and
- not located on a road.
4.3 Relationship between buildings and other activities
- Unless an activity table specifically
provides otherwise, an activity listed in an activity table includes:
- The construction and relocation of buildings
used for the activity, and the construction and/or relocation has the
same status as the activity for which the building will be used; and
- Alterations and additions to the
exterior of existing buildings used for the activity, and the alterations
and/or additions have same status as the activity for which the building
will be used.
- Rule 1 is subject to the following:
- Where a building will be used for an
activity not listed in an activity table, the construction and/or relocation
of the building, or alteration and/or addition to the exterior of the
building are non-complying activities (in accordance with clause 4.2).
- Minor alterations and additions
(as defined in part 14 - Definitions) to the exterior of existing buildings
is a permitted activity in all land units and settlement areas.
- An activity table may specifically
provide for the activities of constructing or relocating buildings,
or undertaking exterior alterations and additions to existing buildings,
as separate from the activity of using buildings for any other permitted
activities listed in the table. Therefore, in those cases, even when
an activity is permitted in the table, a resource consent may still
be required for any construction or relocation of, or any exterior alteration
or addition to, the building used for the activity.
4.4 Prohibited
activities
Certain activities are expressly prohibited within the
islands. No application can be made for a prohibited activity.
The following are prohibited activities throughout the
islands:
- The introduction, keeping or farming
of:
- Any new organism (including genetically
modified organisms).
- Any plant pest species listed in
appendix 14 - Plant pest species.
- The following animal pest species:
possums, goats, wallaby, deer, wapiti and mustelids (ferrets, stoats,
and weasels).
- Mining of any mineral irrespective
of whether the activity is authorised under the Crown Minerals Act 1991,
other than any quarrying, prospecting, or exploration activity (as defined
in part 14 - Definitions) authorised in accordance with the Plan.
- The disposal of waste products resulting
from the use of radioactive materials, and any package or container
that has contained radioactive material where the radioactive material
exceeds the level that is specified as an exempt activity in part 2
of the Radiation Protection Regulations 1982.
Note: There are also some other prohibited activities
identified in other parts of the Plan, such as in part 7 - Heritage.
Explanation
These activities have been defined as prohibited in
recognition of the potential adverse effects that may arise within the
environment of the islands. All of these activities are considered incompatible
with the outstanding conservation and heritage values of the islands,
and to provide for such activities to establish would severely compromise
those values. These activities should never occur within any part of
the islands in any circumstances.
4.5 Temporary
activities
4.5.1 Objective
To permit activities that occur for relatively short
periods of time, while limiting their effects on neighbouring properties.
Policies
- By limiting the time periods for the
use of ancillary structures and the storage of materials associated
with a construction activity.
- By limiting the time periods for
the construction of boats, caravans and other objects in the open air,
as a leisure activity.
- By limiting the duration of events.
- By setting noise standards for temporary
activities that use electronically amplified entertainment and controlling
the start and finishing times, duration and frequency at which such
entertainment can be used outdoors at any one venue.
4.5.2 Resource
management strategy
The Plan recognises that events and functions are an
important part of community life and may not readily fit within the
standard controls applying to the land unit or settlement area. The
Plan therefore provides specific rules which enable events, functions
and other temporary activities (including construction activities) to
occur in a controlled manner. Controls placed on the start and finishing
times of performances, events or functions on private or public land
and restrictions on their duration will limit their adverse effects
including the amount of noise produced. Specific rules have been applied
to heritage items to control the potential for adverse effects stemming
from temporary activities on these items.
4.5.3 Permitted
activities
The following temporary activities are permitted in
all settlement areas and land units, with the exception of landforms
1, 2 and 4 and on any scheduled item(s) and its scheduled site surrounds:
- Offices, storage sheds, portable toilets,
builders' workshops and site offices, scaffolding and falsework, and
other buildings or structures of a similar character and the storage
of construction materials where such buildings or materials are:
- Required for a construction project;
and
- Limited to the duration of the project
or to 12 months (whichever is the lesser).
- Events, including performances,
meetings, private or public functions, parades, sporting events, exhibitions,
film shoots, markets and fairs and activities of a similar character,
including associated parking, buildings or other structures, provided
that:
- The events and temporary buildings or
other temporary structures do not occupy a venue for more than five
days, including the time required for establishing and removing all
temporary buildings and structures associated with the event.
- The event does not occur for more
than three days.
- Any associated electronically amplified
entertainment complies with all of the following:
- It starts no earlier than 10am.
- It finishes no later than 10.30pm
between Sunday and Thursday, 11pm on Fridays and Saturdays and 1am on
New Years Day.
- It does not exceed five hours
in duration.
- Sound testing and balancing of all
sound systems including vocal checks by performers complies with all
of the following:
- It does not cumulatively exceed two hours.
- It does not commence before 9am
on any day.
- It is completed by 7pm on the
day of the performance.
- The Leq noise level and
L1 noise level arising from the event does not exceed 75dBA
Leq or 85dBA L1 when measured at the notional
boundary of any adjacent site with a residential use.
- The outdoor use of the venue does
not exceed six events which use electronically amplified entertainment
in any 12 month period.
- Any display suites or show homes,
temporary storage, stacks of goods or materials (other than construction
materials provided for in (1) above) for a period not exceeding six
months.
- Temporary structures which are not
inside a permanent building, for the purpose of constructing a boat,
caravan or other object associated with private leisure time which is
not intended in any way as a commercial venture, provided that such
temporary structures:
- Must not occupy any site for more than
36 months.
- Must meet all of the yard requirements
applying in the land unit or settlement area within which they are located.
4.5.4 Restricted
discretionary activities
Any temporary activity which is of a non-repetitive
and short term nature and is not otherwise provided for as a permitted
activity or discretionary activity is a restricted discretionary activity.
Matters of discretion
The council has restricted its discretion to considering
the following matters:
- Any adverse effects of temporary buildings
or structures on visual amenity values including through physical dominance
or overshadowing on adjacent sites.
- The proposed hours of operation
and duration of the activity.
- Adverse effects from noise or lighting.
- The location, scale and intensity
of the activity.
- Traffic and parking.
- Any earthworks or vegetation clearance
on the site.
Notification requirements
Except as provided for by section 94C(2) of the RMA,
applications for a resource consent for a temporary activity under this
clause (4.5.4) will be considered without public notification or the
need to obtain written approval of, or serve notice on, affected persons
(in accordance with section 94D(2) and (3) of the RMA).
4.5.5 Discretionary
activities
Any temporary activity which is of a non-repetitive
and short term nature occurring on or in a scheduled heritage item or
its scheduled site surrounds is a discretionary activity.
Assessment criteria for discretionary activities
The council's assessment of an application for a discretionary
activity will include consideration of the following matters:
- The extent to which any temporary buildings
or structures required for the temporary activity, are likely to damage
or adversely affect the scheduled item or its site surrounds.
- The extent to which any people gathering
for a temporary activity in or on a scheduled item or its site surrounds
are likely to damage or adversely affect the scheduled item or its site
surrounds.
- The extent to which the temporary
activity will reduce the heritage values for which the item has been
scheduled.
- The extent to which the temporary
activity is consistent with the relevant objectives and policies for
the heritage item.
4.6 Noise and
vibration from construction activities
4.6.1 Explanation
The council has a responsibility under the RMA to control
the emission of noise, including vibration, and to mitigate the effects
of noise. Noise can have an adverse effect on the amenity values of
an area and excessive noise can be detrimental to public health. As
noise from construction projects is generally of a limited duration
and by its nature is generally louder than other activities, communities
will usually tolerate a higher noise level provided it is no louder
than necessary and occurs on appropriate days and within appropriate
hours of the day. The Plan therefore includes specific controls relating
to noise and vibration from construction activities.
4.6.2 Noise from
construction work
Noise resulting from construction work must comply with
the following:
- The noise as measured in all settlement
areas and land units, with the exception of the commercial 5, 6 and
7 and the transport area of the Matiatia land unit, must not exceed
the levels in table 4.1.
- The noise as measured in commercial
5, commercial 7, and the transport area of the Matiatia land unit, must
not exceed the levels in table 4.2.
Table 4.1
Notes:
- 'Typical duration work' means construction work at
any one location for more than 14 calendar days
- Short-term duration work' means construction work
at any one location for up to 14 calendar days
Table 4.2
Notes:
- 'Typical duration work' means construction work at
any one location for more than 14 calendar days.
- 'Short-term duration work' means construction work
at any one location for up to 14 calendar days.
Note: Commercial 6 (quarry) and the quarry area of the
Medlands settlement area have their own set of noise and vibration controls.
Construction noise measurements
Measurements must be made outside occupied buildings
affected by the construction noise. Measurements should be made approximately
1m from the wall most exposed to the sound under investigation, and
1.2m to 1.5m above the relevant floor level. No adjustment to measured
sound levels is to be made for the reflected sound from the wall. The
measured levels should be compared directly with the noise limits without
any adjustments for special audible characteristics. The measured level
must be adjusted for any significant background Leq level
in the area using the procedure set out in Annex A of NZS 6803:1999
Acoustics - Construction Noise.
Where circumstances require measurements inside buildings
(eg when noise is travelling through common building elements such as
a common wall) all windows and other means of ventilation must be closed
or turned off and the upper limits of the noise measured must not exceed
the levels stated in tables 4.1 or 4.2 above minus 20dBA.
4.6.3 Noise and vibration from blasting or pile driving for construction activities
- Vibration
When blasting (using explosives) or pile driving
for construction activities the limit of particle velocity (peak particle
velocity) measured on any foundation (or upper most full storey) of
an adjacent building not connected with the site, related to the frequency
of the ground vibration must not exceed the limits of table 1 of DIN
4150-3 (1999-02): Structural Vibration - Effects of Vibration on Structures.
Peak particle velocity means the maximum particle velocity in any of
three mutually perpendicular directions. The units are millimetres per
second (mm/s).
- Noise
The noise created by the use of explosives measured
at the boundary of the site must either not exceed a peak overall sound
pressure of 128dB or alternatively a peak sound level of 122dBC.
4.7 Methodology
for measuring noise
Except where otherwise stated, the following methodology
applies to the measurement of noise for all noise controls contained
in this Plan:
- All noise measurements must be made at
20m from any building where people may reside overnight on a permanent
or temporary basis (on another site from the noise source) or at the
legal boundary, when this is closer to the building. This may be referred
to as the notional boundary.
- Noise must be measured in accordance
with the NZS 6801:1999 Acoustics - Measurement of Environmental Sound
and with a sound level meter complying at least with the International
Standard IEC 651 (1979) Sound Level Meters, Type 1.
- The noise measured must be assessed
in accordance with NZS 6802:1999 Acoustics - Assessment of Environmental
Noise except that the averaging of the noise measured will be in accordance
with the following:
Averaging
A noise nuisance does not generally arise from
a single isolated infringement. The amount by which limits are exceeded
may vary between repeat infringements. Averaging of measured Leq
values for separate time intervals to derive a single figure for comparison
with any limit, will be subject to the following constraints:
- Averaging of measured Leq
levels for comparison with any applicable noise limit, if employed,
must only be performed on LR levels derived in accordance
with Appendix A of NZS 6802:1999 and must only relate to time intervals
during which the sound of interest is present. Measured Leq
levels must not be averaged if comparison is to be made with night-time
limits where sleep disturbance will be of concern.
- The averaged value of the descriptor
eg Leq must not exceed the relevant limit, and in any case
the limit must not be exceeded by more than 5dB for any single time
interval. Leq values must be averaged on an energy basis,
ie the logarithmic mean must be determined.
Explanation
An average Leq determined from, for example,
four 15 minute Leq measurements, may differ from a Leq
measured over an interval of 60 minutes. The time of measurement and
the measurement interval should relate to the duration of the sound
and any repetitiveness or pattern of sound events. Representativeness
and repeatability of measurements should be an overriding consideration
in deciding what time interval to measure and the time of measurement.
4.8 Wastewater
4.8.1 Objective
To provide for wastewater disposal and the disposal
of settled solids in a manner which ensures that adverse effects are
adequately avoided or remedied.
Policies
- By recognising that the adverse effects
associated with wastewater disposal are controlled by Auckland Regional
Council requirements and the Building Act 2004.
- By ensuring the proper maintenance
of wastewater treatment and disposal systems through bylaws made under
the Local Government Act 2002.
- By providing for the disposal of
settled solids from septic tanks and wastewater treatment and disposal
systems in an appropriate manner on suitable sites in the landform 5
land unit.
- By protecting through designation,
council operations relating to wastewater treatment (such as Owhanake
wastewater treatment plant) and settled solids disposal (such as Claris
landfill).
4.8.2 Resource
management strategy
The disposal of wastewater within the islands is controlled
through a variety of techniques, including ARC rules and the ARC Technical
Publication 58 - On-site Wastewater Systems: Design and Management Manual;
the Building Act 2004; and the council's bylaw controlling wastewater.
While the Plan does not have specific wastewater rules, the impervious
surface and building coverage controls ensure that there is sufficient
permeable land for on-site wastewater disposal.
The commercial portion of Oneroa village is connected
to the council’s Owhanake wastewater treatment plant. Otherwise
wastewater in the islands is currently disposed of through a wide range
of on-site disposal systems, consisting in the main of septic tank pre-treatment
units and effluent soakage fields. Therefore, all existing and future
development must be capable of satisfactorily treating and disposing
of wastewater on-site. As the council's bylaw, the Building Act and
the ARC already place controls on the disposal of wastewater it is not
necessary to include additional controls in the Plan.
In recognition of its strategic importance, the council
has introduced a designation to protect the continuing operation of
the Owhanake wastewater treatment plant. The existing designation for
the Claris landfill, which includes sludge disposal, has been carried
over and extended.
There are also rules in part 9 - Hazardous facilities
and contaminated land which apply to the storage of septic tank waste.
Refer to clause 9.5.1.3 for further details.
4.9 Signs
4.9.1 Objective
To ensure that any adverse effects arising from the
content, size, height, location and lighting of signs on the amenity
of an area or on public safety are avoided or reduced to an acceptable
level.
Policy
- By controlling any adverse effects from
signs through bylaws made under the Local Government Act 2002.
4.9.2 Resource
management strategy
Signs play an important role in facilitating communication
to the public, not only for business advertising but also for community
information and safety. They can contribute to the vitality of a locality,
especially in commercial centres. Conversely signs also have the potential
to detract from visual amenities of streetscapes, residential neighbourhoods,
commercial areas, and can contribute to traffic hazards.
The council considers that it is appropriate to control
signage, but that in general the most appropriate method for doing so
is by means of its bylaw, rather than by rules in the Plan. Therefore,
signs throughout the islands are controlled principally by the council's
bylaw. However, the Plan does have rules relating to signs on, in or
over a heritage item or its scheduled site surrounds. Applications for
such signs are assessed through the resource consent process in recognition
of their importance and the potential for adverse effects to the item.
4.9.3 Rules
The following is a discretionary activity:
- Any sign placed or affixed on, in or over
any scheduled item or its scheduled site surrounds.
Assessment criteria for discretionary activities
The council's assessment of an application for a discretionary
activity under this clause (4.9.3) will include consideration of the
following matters:
- The extent to which any sign(s) or structures
required for the sign(s), are likely to damage or adversely affect the
scheduled item or its site surrounds.
- The extent to which any sign(s)
in or on a scheduled item or its site surrounds are likely to damage
or adversely affect the scheduled item or its site surrounds.
- The extent to which the sign(s)
reduce the heritage values for which the item has been scheduled.
- The extent to which the sign(s)
are consistent with the relevant objectives and policies for the heritage
item.
4.10 Lighting
4.10.1 Objective
To provide for outdoor artificial lighting to enable
travel, work, entertainment and recreation activities to be undertaken
during the hours of darkness while ensuring that the lighting does not
have any adverse effects on the environment or the amenity values of
surrounding areas.
Policies
- By controlling the intensity, location
and direction of artificial lighting so as to avoid light spill and
glare onto adjacent sites and the loss of night time viewing.
- By controlling where appropriate,
the use of artificial lighting where it will extend the operation of
outdoor activities into night-time hours.
- By controlling artificial lighting
at the boundary of private land by bylaws made under the Local Government
Act 2002.
- By controlling the lighting of heritage
items and their scheduled site surrounds.
4.10.2 Resource
management strategy
Outdoor artificial lighting is essential to enable travel,
work, entertainment and recreation activities to be undertaken safely
beyond daylight hours. Artificial lighting can also contribute to amenity
and security. However, unless artificial lighting is used with care
it can adversely affect neighbouring properties and public places, through
light spill and glare. Inappropriate use of artificial lighting can
also lead to the loss of night sky viewing. Therefore, appropriate controls
have been placed on the lux illuminance throughout the islands.
4.10.3 Permitted
activities
The use of artificial lighting producing an illuminance
up to but not exceeding 150 lux, measured at any point on the site containing
the light source, in a horizontal or vertical plane at ground level
or at the exterior of any building within or adjacent to the site on
which the lighting is placed, is a permitted activity.
4.10.4 Restricted
discretionary activities
The following are restricted discretionary activities:
- The use of artificial lighting producing
an illuminance exceeding 150 lux, measured at any point on the site
containing the light source, in a horizontal or vertical plane at ground
level or at the exterior of any building within or adjacent to the site
on which the lighting is placed.
Note: This does not apply in recreation 2 and
3. In these land units artificial lighting over 150 lux is provided
for as a discretionary activity.
- Exterior lighting on any scheduled
item or within its scheduled site surrounds.
Matters of discretion
The council has restricted its discretion to considering
the following matters:
- amenity, visual and privacy effects
- public or personal safety
- the proposed hours of operation and duration
of the lighting
- the public benefits of the proposal.
Notification requirements
Except as provided for by section 94C(2) of the RMA,
applications for a resource consent for lighting under this clause (4.10.4)
will be considered without public notification or the need to obtain
written approval of, or serve notice on, affected persons (in accordance
with section 94D(2) and (3) of the RMA).
4.11 General rules
about the application of land unit and settlement area classifications
4.11.1 Planning maps
for Great Barrier
The property boundaries and aerial photographs used
for the Great Barrier planning maps come from different data sources
which are not always possible to reconcile. Therefore, there may be
discrepancies between the location of the property boundaries, and the
land unit and settlement area boundaries shown on the aerial photograph.
The land unit and settlement area boundaries have been delineated based
on the aerial photograph. However the property boundaries may not always
match the aerial photograph. Where a discrepancy arises, the aerial
photograph rather than the property boundaries should be relied on for
determining the extent of any particular land unit or settlement area.
4.11.2 Land unit
classification applying to islands and rocks not shown on the planning
maps
There are a number of smaller islands and rocks in the
Hauraki Gulf which are within the council's planning jurisdiction but
which due to their size are not identified on the planning maps as being
within a particular land unit. Such islands and rocks are regarded as
being classified in the conservation land unit.
4.11.3 Land with
more than one classification
There are some sites which are affected by two or more
land unit classifications, or which are located partly in a land unit
and partly in a settlement area. Where this occurs, the provisions of
the particular land units or settlement area will be applied independently
to each part of the site located in a different land unit or settlement
area.
The exception to this approach is for the purposes of
applying the subdivision controls in part 12 - Subdivision.
Clause 12.6.6
outlines the approach to be taken in this instance.
The boundary between land units, or between land units
and settlement areas, is not treated as a site boundary for the purposes
of applying development controls such as yard requirements and the building
in relation to boundary control.
4.12 Pest control
The following are permitted activities in all land units
and settlement areas:
- The eradication, control or management
of any plant pests listed in appendix 14 - Plant pest species.
- The eradication, control or management
of any animal pest species.
The use of any hazardous substances associated with
these activities must comply with part 9 - Hazardous facilities and
contaminated land and any ARC requirements.
For the purposes of this rule, 'eradication, control
or management' includes trapping, shooting, use of poisons and herbicides
and the construction of pest control fencing.
This rule does not remove the need to comply with the
development controls applying in the relevant land unit or settlement
area.
4.13 Relationship
with rules in other parts of the Plan
Part 14 - Definitions must be referred to as it is likely
to contain definitions of terms used in this part of the Plan.
The following parts of the Plan should also be referred
to as they may also contain rules which apply to a particular site or
proposal:
- Part 5 - Network utility services
- Part 6 - Financial contributions
- Part 7 - Heritage
- Part 8 - Natural hazards
- Part 9 - Hazardous facilities and contaminated land
- Part 10a - Land units: objectives, policies and activity
tables
- Part 10b - Settlement areas: objectives, policies and
activity tables
- Part 10c - Development controls for land units and settlement
areas
- Part 12 - Subdivision
- Part 13 - Connectivity and linkages
