District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Street index | Planning maps | Text | Appendices | Annexures | Section 32 material | Plan modifications | Help | Notified - Home | Decision - Home

Part 11 - Assessment matters

11.1 Introduction
11.2 Matters to be considered for all resource consent applications
11.3 General assessment criteria for discretionary activities
11.4 Specific assessment criteria for particular discretionary activities
11.5 Buildings as a restricted discretionary activity

11.1 Introduction

This part of the Plan contains the following:

• Assessment criteria for discretionary activities, including specific assessment criteria for commercial firewood harvesting and forestry.
• Matters over which council has restricted its discretion for new buildings and additions and alterations to existing buildings in specific land units and settlement areas. These are considered as restricted discretionary activities.

11.2 Matters to be considered for all resource consent applications

The following matters need to be considered by the council when assessing any resource consent application:

1. Hauraki Gulf Marine Park Act 2000

   The purpose of the Hauraki Gulf Marine Park Act 2000 is outlined in part 2 - Resource management overview. Its introduction requires the council, when assessing an application for resource consent for the Hauraki Gulf, its islands and catchments, to have regard to the matters set out in sections 7 and 8 of the HGMPA 2000. Sections 7, 8 and 9 of the HGMPA 2000 are contained in appendix 10.

2. Objectives and policies

   For all applications, the council will have regard to the objectives and policies for the relevant land unit or settlement area, as well as the general objectives and policies in part 2 - Resource management overview and part 3 - Strategic management areas.

Clauses (1) and (2) above are in addition to any assessment criteria identified in clause 11.3 and table 11.1 Assessment criteria for particular discretionary activities for the particular activity.

11.3 General assessment criteria for discretionary activities

11.3.1 Introduction

When considering applications for discretionary activities, the council must consider all relevant matters under the RMA. Clause 11.3.2 below lists assessment criteria for 18 matters which may need to be considered by the council when assessing an application for a discretionary activity. Table 11.1: Assessment criteria for particular discretionary activities identifies the assessment criteria of particular relevance to the various discretionary activities listed in the activity tables for the individual land units and settlement areas. Those activity tables are contained in part 10a - Land units: objectives, policies and activity tables and part 10b - Settlement areas: objectives, policies and activity tables. Parts 10a and 10b also contain assessment criteria applying to particular activities in some land units and settlement areas. It is important to note that these assessment criteria do not limit the matters that the council may consider when assessing applications for discretionary activities.

The council's assessment of an application for a non-complying activity may also include consideration of any of the matters listed in clause 11.3.2, or any assessment matters identified in the particular land unit or settlement area, where the matters relate to an effect that the particular activity being applied for may have on the environment.

11.3.2 Assessment criteria

As noted in clause 11.3.1 above, the list of assessment criteria below should be read in conjunction with table 11.1.

1. Traffic generation
   1. The extent to which the traffic generated by the activity adversely affects the safety and capacity of the adjacent road network.
   2. Whether any adverse effect associated with the activity can be mitigated by upgrading the road and/or the intersection design.
       
2. Access
   1. The extent to which any adverse effects associated with the activity may be reduced or mitigated by controlling the location or design of the accessway.
   2. The extent to which the requirements of the council's standard engineering details (or equivalent) for design of the access between the carriageway and the property boundary will be met.
   3. Whether the sight distances from the accessway are adequate for safe ingress and egress from the subject site.
   4. Whether the location of the accessway will cause on-street congestion from the ingress and egress of vehicles.
   5. Whether the location of the accessway will give rise to adverse noise effects on adjacent sites.
   6. Whether, for larger sites, pedestrian access is sufficiently separated from the vehicle access to ensure the safety of pedestrians.
   7. Whether consideration has been given to the provision and location of suitable traffic calming devices on vehicle accessways near the site boundary with the road reserve to ensure that vehicles are travelling at appropriate speeds.
       
3. Noise
   1. Whether the activity gives rise to adverse noise effects experienced beyond the boundaries of the site.
   2. Whether consideration has been given to mitigation methods such as:
      • providing barriers, including fences and earthen berms, to remove the line of sight between the noise source and the noise receiver
      • providing greater distances between the noise generator and the noise receiver
      • screening the noise generator using natural or man-made materials
      • replacing the noise generator with a quieter alternative
      • restricting or imposing conditions on hours of operation.
         
4. Development controls

   Whether the activity complies with the development controls for the relevant land unit or settlement area.

   Note: The modification to one or more of the development control rules may be considered concurrently as a separate discretionary activity in accordance with clause 10c.3.

5. Natural environment

   The extent to which the activity gives rise to adverse effects on the natural environment, such as through the creation of wastewater, stormwater, vegetation removal and sediment runoff.

6. Outdoor activities
   1. Whether any outdoor work or entertainment area has been screened, separated or landscaped from adjacent sites.
   2. Whether the applicant has undertaken any acoustic attenuation to reduce the noise effects of outdoor activities.
       
7. Parking
   1. Whether adequate parking and manoeuvring space will be provided on-site appropriate to the particular form of development, in accordance with the requirements of part 13 - Connectivity and linkages.
   2. Whether large areas of aboveground parking spaces are proposed as part of the activity, and if there are, their impact on visual and aural amenity values.
   3. The extent to which the location of parking areas has been avoided adjacent to boundaries with island residential land units.
   4. Whether the internal circulation of parking areas has been designed for safe and efficient on-site vehicle circulation.
   5. Whether consideration has been given to the provision of on-site cycle facilities such as bike racks.
       
8. Intensity and scale

   Whether the intensity and scale of the proposal, in particular, the number of people involved in the activity, traffic generation and size and location of buildings and associated parking will be compatible with the character and amenity values of the surrounding area having regard to the objectives and policies of the relevant land unit or settlement area.

9. Cumulative effects
   1. Whether the location of an activity in an area is appropriate, given the presence of other activities in the area and their combined effect on the surrounding environment.
   2. The extent to which the establishment of the activity will result in an accumulation of activities in the area that may generate an adverse effect in respect of the following:
      1. Traffic - the capacity of the adjacent road to deal adequately with the cumulative effect of traffic generated from the concentration of these activities.
      2. Amenity - whether the character and amenity of the surrounding area, including streetscape, is adversely affected by the accumulation of activities, in particular, through the number of people involved in the activity, the size and location of buildings and associated parking, signs and noise generation.
      3. Infrastructure - whether the wastewater and stormwater systems can adequately deal with the servicing needs of the activity.
          
10. Infrastructure constraints
    1. Whether the site has constraints relating to problems of disposing of wastewater or stormwater.
    2. If the site does have infrastructure constraints, whether the applicant is able to demonstrate how these can be avoided, remedied or mitigated to the extent that the proposed activity can be adequately provided for.
        
11. Crime prevention through environmental design (CPTED)
    1. The extent to which the activity provides or continues to provide for informal surveillance of public and semi-public areas within and adjacent to the development including streets, parks, plazas and through-site links where practicable, by:
       1. Locating doors, windows and other openings associated with living and working areas, so that they overlook and interact with the public and semi-public areas.
       2. Ensuring that walls and fences at the street edge have sufficient transparency or are of a low enough height to allow informal surveillance to occur.
       3. Avoiding blank, windowless, street level facades of buildings through the placement of doors and windows and by encouraging a mix of activities.
       4. Ensuring new development does not compromise good informal surveillance of public and semi-public areas provided by existing developments.
    2. Whether there is clear visibility and clear lines of sight of building entrances and exits from the street, and from public areas into and through public and semi-public areas in the proposed development, such as plazas, landscaped areas, through-site links, lobbies and car parking areas which are available for use or accessible by the general public.
    3. The extent to which informal surveillance and clear visibility and clear lines of sight has been achieved through the location and design of the building, landscaping, fencing and other structures.
    4. Whether the proposed activity provides appropriate lighting of public and semi-public areas, including paths, parking areas, plazas, building entrances and exits. Details of, or a lighting plan showing, lighting type, location and lux may need to be provided as part of any resource consent application. The provision of this is dependent on the scale and/or location of the activity.
    5. Whether the proposed activity provides clear definition between the boundaries of public, semi-public and private places through their design, layout and use of features such as lighting, landscaping, paving and signage.
    6. Whether potential entrapment spots (which are small, defined areas generally shielded on three sides by a barrier of some sort such as a recessed entrance or a gap in tall vegetation) and areas that may isolate users of public areas from public view have been avoided. Whether recesses in external walls next to pedestrian routes, walkways and footpaths have been avoided.
    7. The extent to which public access to private areas such as lobbies and car parks can be controlled through design and management so as to reduce opportunities for crime against people and property within the development.

    In situations where any conflict exists between the rules in other parts of the Plan and the CPTED assessment criteria, the merits of both the rule and the above assessment criteria should be weighed up to ensure that a good design solution, meeting both CPTED and amenity (including noise and visual) outcomes, is achieved.

    The design and operational requirements of network utility structures are to be taken into consideration when assessing and identifying potential entrapment spots. This is in recognition that some of these structures are unable to be completely closed off to the general public.

12. Landscaping
    1. Whether the landscaping is provided in a manner that enhances the visual appearance of the activity, including around parking areas, service areas, and at the site boundaries.
    2. Whether on-site landscaping adjoining the road enhances the character of the streetscape.
    3. The extent to which landscaping has been used to soften large facades, where relevant, and visually integrate the development with surrounding residential or recreation land units.
    4. Whether existing trees and mature landscaping are to be retained.

    In order to satisfy these criteria, a landscaping plan may need to be provided as part of any application.

13. Site facilities and offensive or hazardous activities
    1. Whether the activity generates any smells, odours, fumes, smoke, steam, dust or other particulate which will be offensive or hazardous, or cause nuisance to surrounding occupants.
    2. Whether any facilities for storing solid waste (such as rubbish bins) that are provided on-site have been appropriately located, screened and landscaped to avoid any adverse visual impact from the road and from within the development.
        
14. Visual privacy and aural amenity

    Whether the development has been designed to maintain the visual privacy and aural amenity of adjacent sites, in particular, the privacy of habitable rooms and their associated outdoor living spaces and deck areas.

15. Hours of operation

    Whether the proposed activity will occur outside of normal weekday working hours (7.30am to 6.00pm) and as a result give rise to adverse effects such as noise and loss of amenity values.

16. Lighting
    1. The extent to which the outdoor lighting is located, directed and designed to ensure that glare is not directed at adjacent sites.
    2. The extent to which glare from outdoor lighting clauses discomfort and loss of amenity to adjacent sites.
    3. The extent to which glare from outdoor lighting detracts from the dark night-time sky environment.
    4. Whether outdoor lighting appropriately lights public and semi-public areas in a manner consistent with the principles of crime prevention through environmental design.

    The use of measures such as screening or separation distances may be required to lessen any effects from security lighting on neighbouring residential properties. This will need to take into account CPTED requirements.

17. Sustainable building design

    The extent to which the applicant has investigated alternatives in terms of sustainable design such as 'green building' methods, renewable energy sources and low impact design methods. (Appendix 11 - Sustainable design guidelines for the islands can assist applicants with this criteria.)

18. Reverse sensitivity

    Whether it is appropriate to locate the activity in an area, given the proximity of other activities and the potential for reserve sensitivity effects to arise.

11.4 Specific assessment criteria for particular discretionary activities

11.4.1 Commercial firewood harvesting

The council's assessment of an application for commercial firewood harvesting will include consideration of the following matters:

1. Whether an appropriate management plan has been provided with the application.
2. Whether the proposed activity affects natural habitats and ecological values.
3. Whether the proposed activity affects visual and amenity values.
4. Whether the proposed activity causes or is likely to cause subsidence or erosion.
5. Whether there are species listed in appendix 6 - List of threatened and unusual plant and animal species located within or adjacent to the area subject to the activity.
6. Whether the applicant has proposed an appropriate rehabilitation programme for any area that is cleared.
7. Whether the proposed activity is likely to result in weed infestation within or adjacent to the area subject to the application.
8. Whether the proposed activity will affect any archaeological sites.
9. Whether the proposed activity will affect the natural character of the coastal environment.

11.4.2 Forestry

The council's assessment of an application for forestry will include consideration of the following matters:

1. Whether an appropriate management plan has been provided with the application, which provides information on:
   • Anticipated date(s) and time period(s) for clearance, planting and harvesting to take place.
   • Likely methods to be employed during harvesting.
2. Whether the proposed activity affects natural habitats and ecological values.
3. Whether the proposed activity affects visual and amenity values.
4. Whether the proposed activity causes or is likely to cause subsidence or erosion.
5. Whether there are species listed in appendix 6 - List of threatened and unusual plant and animal species located within or adjacent to the area subject to the activity.
6. Whether the proposed activity affects the natural character of the coastal environment.
7. Whether the proposed activity is likely to result in weed infestation within or adjacent to the area subject to the application.
8. Whether the proposed activity will affect any archaeological sites.

11.5 Buildings as a restricted discretionary activity

11.5.1 Notification requirements

Except as provided for by section 94C(2) of the RMA, applications for a resource consent for the construction and relocation of buildings, and alterations and additions to existing buildings as a restricted discretionary activity 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).

11.5.2 Matters of discretion

The activity tables for some land units and parts of settlement areas provide for the following building works as a restricted discretionary activity:

• The construction and relocation of buildings.
• Alterations and additions to the exterior of existing buildings (other than minor alterations and additions as defined in part 14 - Definitions.)

The land units and parts of settlement areas where such building works are provided for as a restricted discretionary activity are:

• landform 2, 6 and 7
• island residential 1 (coastal amenity areas only)
• island residential 2
• commercial 1, 2 and 4
• rural 1-3
• recreation 1-3
• conservation
• Pakatoa
• settlement area - local retailing areas
• settlement area - reserve, dune, coastal margin and wetland conservation areas
• settlement area - headland protection areas
• settlement area - Claris airport area.

In the above land units and parts of settlement areas, the council has restricted its discretion to considering the following matters for new buildings and additions and alterations to existing buildings:

• scale
• form (design and materials)
• colour (except that this matter will not be considered in commercial 1 and 2)
• location
• any relevant open space strategy or reserve management plan (for recreation 1-3 only).

In the Matiatia land unit, construction and relocation of buildings, and alterations and additions to existing buildings are also a restricted discretionary activity. The matters of discretion and assessment criteria are contained in the Matiatia land unit (see clause 10a.18) rather than in this part.

11.5.3 Applying the matters of discretion

11.5.3.1 Landform 2, 6 and 7

In landform 2, 6 and 7, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building protects the natural landscape by:

1. Being of a scale, form and location that is not visually prominent.
2. Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being located so that it that does not dominate or detract from public or private views which are characterised by natural landscapes.
4. Being of a scale, form and location so that it maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
5. Being of a scale, form, colour and location that does not give rise to cumulative effects on the natural landscape.

11.5.3.2 Island residential 1 - coastal amenity area only

In island residential 1, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building is integrated with the character and amenity value of the immediate coastal environment by:

1. Being of a scale, form, appearance and location that are not visually prominent and which do not detract from the character and amenity of the coastal environment at Blackpool, Oneroa, Palm Beach and Onetangi.
2. Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being sympathetic to the high visual amenity value of the surrounding coastal landscape.

11.5.3.3 Island residential 2

In island residential 2, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building is integrated with the bush clad character of the environment by:

1. Being of a scale, form, appearance and location that are not visually prominent and does not detract from the dominant bush clad character of the land unit.
2. Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being sympathetic to the high visual amenity value of the surrounding landscape.

11.5.3.4 Commercial 1 and 2

In commercial 1 and 2, discretion over the matters identified in clause 11.5.2 will be applied so that a positive streetscape environment and high level of amenity is achieved by:

1. Ensuring that the building fronts the road and concentrates main entries and windows along road frontages.
2. Ensuring that on-site landscaping where provided adjoining the road enhances the character of the streetscape and links with the existing landscaping.
3. Ensuring that buildings encourage new public pedestrian linkages or consolidate and improve existing pedestrian linkages, where appropriate.
4. Ensuring that the building enhances the existing streetscape character and amenity values.
5. Ensuring that the building is of a 'human scale', and that its apparent bulk is moderated by articulating the building form and through surface treatment. Methods to achieve this include, but are not limited to:
   • roof forms
   • inclusion of verandas and balconies
   • window placement.
6. Ensuring that buildings on corner sites are laid out with multiple entry potential and built as much as feasible to the front boundary to complement the existing character and to optimise mixed use potential such as retail, other commercial, residential and community uses.
7. In relation to Oneroa village only:
   • Ensuring that public views from Ocean View Road to the beach are maximised.
   • Adherence to the principles of the design guidelines for Oneroa village (contained in appendix 12 - Oneroa village design guidelines).

11.5.3.5 Commercial 4

In commercial 4, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building is integrated with the character and amenity value of the surrounding residential areas and the coastal environment by:

1. Being of a scale, form, appearance and location that are not visually prominent and does not detract from the character and amenity of the surrounding residential area and coastal environment
2. Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being sympathetic to the visual amenity values of the surrounding residential areas and the coastal landscape.

11.5.3.6 Rural 1-3

In rural 1-3, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building is integrated with the natural landscape by:

1. Being of a scale, form and location that are not visually prominent.
2. Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being located so that it that does not dominate or detract from public or private views which are characterised by natural landscapes.
4. Being of a scale, form and location so that it maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
5. Being of a scale, form, colour and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.7 Recreation 1-3

In recreation 1-3, discretion over the matters identified in clause 11.5.2 will be applied so that proposed building is integrated with the natural landscape by:

1. Being of a scale, form and location that are not visually prominent.
2. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being of a scale, form and location so that it maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
4. Being of a scale, form and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.8 Pakatoa

On Pakatoa, discretion over the matters identified in clause 11.5.2 will be applied so that the proposed building is integrated with the natural landscape by:

1. Being of a scale, form, location and design that minimises dominance in the visitor complex area, and ensures that buildings in the residential area are not visually prominent.
2. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being located so that it that does not dominate or detract from public or private views which are characterised by natural landscapes.
4. Being of a scale, form and location that maintains the visual coherence of the landscape character by not breaking expanses of indigenous vegetation, and minimises adverse visual effects on the island's coastal escarpment.
5. Being of a scale, form, colour and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.9 Conservation

In the conservation land unit, discretion over the matters identified in clause 11.5.2 will be applied so that proposed building is integrated with the natural landscape by:

1. Being of a scale, form and location that is not visually prominent.
2. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being of a scale, form and location that maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
4. Being of a scale, form and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.10 Settlement areas - local retailing areas

In the local retailing areas, discretion over the matters identified in clause 11.5.2 will be applied so that a positive streetscape environment and high level of amenity is achieved by:

1. Using building modulation, different roof forms and verandahs to maintain an attractive frontage to the road, and avoiding large blank walls.
2. Ensuring that on-site landscaping where provided adjoining the road enhances the character of the streetscape and links with existing landscaping.
3. Building design reflecting the use of ground level space for retail and service activities.
4. Incorporating elements of local materials, craft or artworks in the design or finishing of the building or surrounds.
5. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.

11.5.3.11 Settlement areas - reserve, dune, coastal margin and wetland conservation areas

In the reserve, dune, coastal margin and wetland conservation areas, discretion over the matters identified in clause 11.5.2 will be applied so that proposed building is integrated with the natural landscape by:

1. Being of a scale, form and location that are not visually prominent.
2. In the case of dwellings, using design elements such as natural materials, building modulation, eaves and low reflectivity glass.
3. In the case of public toilets, using natural materials.
4. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
5. Being of a scale, form and location that maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
6. Being of a scale, form and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.12 Settlement areas - headland protection area

In the headland protection area, discretion over the matters identified in clause 11.5.2 will be applied so that proposed building is integrated with the natural landscape by:

1. Being of a scale, form and location that are not visually prominent.
2. Using design elements such as building modulation, eaves and low reflectivity glass.
3. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
4. Being of a scale, form and location that maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features such as coastal escarpments, ridges or prominent slopes.
5. Avoiding locating buildings on ridgelines where these will be visible from outside of the site, detracting from the ridgeline.
6. Being of a scale, form and location that does not give rise to cumulative effects within the natural landscape.

11.5.3.13 Settlement areas - Claris airport area

In Claris airport area, discretion over the matters identified in clause 11.5.2 will be applied so that proposed building is integrated with the natural landscape by:

1. Being of an appropriate scale, form and location and design that provides an attractive entry point to Great Barrier.
2. Having an external colour that integrates the building with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter.
3. Being of a scale, form and location that maintains the visual coherence of the landscape character by not breaking the expanses of indigenous vegetation, or the pattern of any natural features.

Table 11.1: Assessment criteria for particular discretionary activities

Note:

1. These criteria for quarrying do not apply in commercial 6 (quarry), or in the Medlands quarry area. There are particular assessment criteria listed within the commercial 6 land unit and the Medlands settlement area.

Legend

These criteria are further outlined in clause 11.3.