Plans, policies and reports
Hauraki Gulf Islands review
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Issues and options papers
Traffic Generation
Issue
Rule 6B1.1.4, Traffic Generation, of the Hauraki Gulf Islands District Plan
states that where any activity is likely to cause any adverse effects on the
capacity of the adjoining road network, it shall only be permitted where the
adverse effect is to be mitigated by measures to upgrade the road design and
formation or to control traffic movements (including at any intersection).
The explanation for the rule is that some activities can have a
significant effect on the volume of traffic using a roading network and also on
the flow of traffic. The rule is used in conjunction with the requirements for
parking and vehicle access to ensure that access to a site and manoeuvring of
vehicles does not interfere with the safe and efficient operation of the roading
network.
District Plan administrators have raised concerns about the wording of the
rule. To be effective to administer, rules should have a definable 'trigger
point', where it is possible to determine that consent is required. Stating that
consent is required where an activity 'is likely to cause any adverse effects on
the capacity of the adjoining road network' is subjective terminology and its
administration is based on opinion. The Courts have held (McLeod Holdings
Limited v Countdown Properties Limited [1990] 14 NZTPA 362 (CA)) that rules must
be certain and if a council retains a subjective discretion within a rule then
that rule may be void for uncertainty. There is no guidance in the current rule
to indicate what might be an 'adverse affect' on the capacity of the adjoining
road network. The reason/explanation states that some activities can have a
significant effect on the volume and flow of traffic. However, there is a
difference between activities that can have a significant effect on the volume
of traffic and any activity that is likely to cause any adverse effects on the
capacity of the adjoining road network.
Other means of controlling traffic are by requiring resource consent for
activities providing parking for more than 100 vehicles. Rule 12.9.1.1A of the
Isthmus Plan states that any permitted, controlled or discretionary activity
providing parking for more than 100 vehicles requires consent as a controlled
activity. Rule 12.4.1.2 of the North Shore City District Plan states that any
permitted or controlled activity which generates a turnover of vehicles that
exceeds 100 vehicles per day requires consent as a limited discretionary
activity.
Therefore, there are other, more quantifiable, methods for assessing the
impact of traffic- generating activities.
Possible approaches
You may have a better or alternative approach to those outlined below. If so,
we would like to hear from you.
- Retain the status quo with ultra-vires rules.
- Remove Rule 6B1.1.4, Traffic Generation, from the District Plan. Do not
replace the rule with another similar traffic rule.
- Remove Rule 6B1.1.4, Traffic Generation, from the District Plan and
replace with a quantifiable rule.
Note:
While this issue paper can be read in isolation, it is best read in
association with the issue papers relating to:
