Plans, policies and reports
Hauraki Gulf Islands review
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Issues and options papers
Temporary
Activities and Small Buildings
Issue
Because of the definition of "building" within the Hauraki Gulf
Islands District Plan, there is uncertainty as to whether or not resource
consent is required for temporary buildings such as portaloos or other temporary
buildings on reserves for summer. On Land Units 17 - Landscape Amenity, 18 - Outdoor Activities and 19
- Community Activities, which include nearly all reserves, the erection of, or
alteration or addition to, any building is a controlled activity. The current
definition of "building" also raises the question whether portaloos on
building sites need resource consent.
Roads are deemed to be included within the adjacent land unit unless they are
identified within the boundary of any land unit. A resource consent is not
required for bus stops or taxi stands on most roads, but those adjacent to Land
Units 12 - Bush Residential, 17, 18, 19, 20
(Landscape Protection), 21 - Te Whau Peninsula, 22 - Western Landscape and 25 - Wharf, will require
consent, because these land units list the erection, alteration or addition to
any building as a controlled activity.
There are no provisions for concerts, festivals and other temporary
activities, which may exceed the District Plan noise rules and involve temporary
buildings.
Some concerts and festivals can be held under existing rules because of their
distance from neighbouring properties. However if intensification occurs around
traditional venues for such activities as concerts and festivals, these venues
may fail to meet the general noise provisions of the Plan.
Obtaining resource consent for the temporary placement of portaloos both on
reserves over the summer period and on building sites can be an onerous
exercise. Similarly, obtaining resource consents to erect taxi or bus shelters
is an expensive and time-consuming activity, which is adequately dealt with in
Section 339 of the Local Government Act. Section 339 prevents the shelter from
unreasonably preventing access to any land having frontage to the road. Section
339 also requires Council to give notice in writing to any owner/occupier who
may be injuriously affected by the proposal to erect a shelter, and to set aside
a hearing time for anyone who does object, before proceeding with the proposal,
modifying it or withdrawing it.
Possible approaches
You may have a better or alternative approach to those outlined below. If so,
we would like to hear from you.
- Amend the definition of "building" to specifically exclude small
and/or temporary buildings such as portaloos and bus shelters, OR provide
for portaloos, taxi and bus shelters as a permitted activity in all land
units.
- Make all roads unzoned land and use Section 339 of the Local Government
Act to erect shelters for bus and taxi passengers on a footpath.
- Delete Rule 2.4.2 so roads do not take on adjacent land unit rules.
- Delete Rule 2.4.2 so roads do not take on adjacent land unit rules unless
a parking platform is proposed.
- Amend Rule 2.4.2 so that temporary activities are excluded.
- Replace the existing temporary activity Rule 2.6 with a comprehensive
approach.
- Introduce noise levels, duration and time limits for concerts and other
temporary activities based on rules used for isthmus and central area plans.
Note:
While this issue paper can be read in isolation, it is best read in
association with the issue papers relating to:
