Categories
9 Subdivision

9.6 Discretionary Activity Assessment Criteria

When assessing an application for a Discretionary Activity for any subdivision, the Council shall have regard to the following assessment criteria as are applicable to the situation and any other matters it considers appropriate:

  1. GENERAL
    1. The Controlled Activity Assessment Criteria in Section 9.5.
    2. The degree to which the proposed subdivision (in terms of matters such as shape, size, access) will facilitate the establishment of the land use activity.
    3. The objectives and policies for subdivision and for the zone in which the subdivision is proposed.
    4. Whether features of the subdivision including the intended location of residential activities, design and location of access, stormwater and wastewater management, the planting of trees and shrubs, and the shaping of earth, avoids, remedies or mitigates any adverse effect on the existing landscape, and/or rivers and streams.
    5. The extent to which existing native bush, or other vegetation which contributes to visual amenity and provides a habitat for indigenous fauna, is retained and the reasons why any clearance is proposed.
    6. Whether traffic movements resulting from the subdivision will have any significant impact on the safe and efficient operation of any public road. Pertinent matters for consideration in this regard are:
      1. the carrying capacity, standard and status in the roading hierarchy (as defined in the HDC Engineering Manual) of the road concerned;
      2. the means by which any likely traffic hazard can be avoided or mitigated;
      3. the comments of the New Zealand Transport Agency on the possible adverse effects on the safe and efficient operation of the state highway network.
    7. The extent to which existing and/or new road access is required to service the subdivision.
    8. The degree to which the subdivision will create/lead to demands for the uneconomic or premature upgrading or extension of public services, including roading, which are not in the interests of the District or locality.
    9. Whether adequate access to the proposed lots and future house sites, manoeuvring and parking can be accommodated without excessive earthworks or removal of indigenous vegetation, and whether any restrictions on access or use of common access may detract from or help maintain rural/natural character values.
    10. The extent to which the lots to be created are self-contained, with regard to stormwater drainage, effluent disposal and water supply (except where reticulated services are provided).
    11. Whether the subdivision layout will adversely affect the recreational, ecological, or cultural values of any adjoining public open space or the coast.
    12. Whether the subdivision is in an identified hazard area and the physical act of creating the subdivision (eg earthworks) or the subsequent development on the allotment(s) could not be adequately protected from the hazard.
    13. Whether the allotment(s) created will be able to adequately accommodate on-site services for the disposal of stormwater and wastewater and other utilities such as power and phone without excessive earthworks or removal of indigenous vegetation, and whether any restrictions on the scale, nature and location of the earthworks and disposal of excess material may help maintain natural character values.
    14. Whether the subdivision (or development of the lots resulting from it eg earthworks and access) may affect known sites and/or features scheduled in Sections 6.1 or 6.2, or sites and/or features not scheduled which may have ecological, heritage and/or cultural value. For determining whether an area of indigenous vegetation is of ecological value reference should be made to the criteria for determining the significance of indigenous biodiversity in the Waikato Regional Policy Statement. Consideration will also be given to the assessment criteria in 6.2.5.8 as may be relevant, where the area of indigenous vegetation is determined to be of significance. For determining whether a site or feature is of heritage/cultural significance reference should be made to 6.1.6.8 Appendix 1 – Criteria for Assessing Heritage Significance. Consideration will also be given to the assessment criteria in 6.1.5.4(2) as may be relevant, where a site or feature is determined to be of heritage/cultural significance.
    15. Where the subdivision involves the creation of lifestyle lots in the Rural Zone (Outside District Amenity Landscape Area) in accordance with Rule 9.4.1.2(4), regard shall be had to the relevant assessment criteria in 9.6(2) below to ensure the open rural character and amenity of the area are maintained and potential reverse sensitivity effects on rural production activities are minimised.
    16. Where the subdivision involves the creation of lots for the protection of a significant heritage or environmental feature that is not listed and described in Sections 6.1.6.2, 6.1.6.3 or 6.2.6, then the significance of the feature shall be assessed against the criteria in 6.1.6.8 for heritage features, and the criteria for determining the significance of indigenous biodiversity in the Waikato Regional Policy Statement for significant natural areas. Regard shall also be had to the Controlled Activity Matters and Conditions of Consent in 9.3.4(5) and (7).
  2. ASSESSMENT CRITERIA FOR LIFESTYLE LOTS IN THE RURAL ZONE (DISTRICT AMENITY LANDSCAPE AREA, QUARRY RESOURCE AREA, QUARRY REVERSE SENSITIVITY AREA) AND COASTAL ZONE
    1. Whether the subdivision layout has taken sufficient account of the topography of the site and surrounding land, through providing for house sites and access thereto that will, when built on, minimize the visual impact of buildings and the access (both individually and cumulatively) on the open rural character or landscapes of district significance or coastal character values of the Rural or Coastal Zones and locality. In particular, the subdivision design should avoid the positioning of proposed building platforms that will give rise to any structures being located where they will break the line and form of any skylines or prominent ridges or be highly visible from any approved building site on an adjoining property, a state highway or arterial road, or the surface of water along the eastern coastline of the District.
    2. Whether the cumulative effects of the subdivision will adversely effect:
      1. the open rural/coastal character and amenity of a particular area;
      2. the natural character and landscape values of the District Amenity Landscape Area;
      3. the use of the adjoining/surrounding properties for farming and other established rural activities.
    3. Whether the subdivision layout has taken sufficient account of the need to provide open space around buildings and especially between existing houses and potential house sites on adjoining lots and/or adjacent properties.
    4. Whether the subdivision is designed to minimise conflicts (including from reverse sensitivity effects) that can arise between existing and potential rural production activities and lifestyle residents. Particular attention is required to the design of the subdivision (especially the ability to achieve acceptable internal noise levels within habitable rooms of future dwellings) where located within a quarry resource area and the associated quarry reverse sensitivity area as identified on the planning maps.
    5. The appropriateness of mechanisms proposed by the applicant, or the need for consent notices on the resultant titles, to:
      1. ensure that restrictions are placed on the area of any allotment not nominated for construction of a dwelling and associated accessory buildings to ensure that this area is kept free of any future building development in perpetuity;
      2. specify the location and size of building platforms and access thereto;
      3. specify the formation standards and design of driveways;
      4. provide foundation, wastewater and stormwater disposal designs in accordance with any specified engineering assessments;
      5. retain, enhance and maintain areas in indigenous vegetation;
      6. remove and control noxious plants or other exotic species incompatible with ecological values of the area;
      7. prohibit cats, mustelids or ferrets and require ongoing control of feral animal pests;
      8. place controls on dogs and grazing of stock.

Note: The subdivision application may be required by Council to be supported by a report from suitably qualified professionals in landscape architecture, ecology, archaeology and traffic engineering specifying any necessary conditions to achieve the above outcomes.

Categories
9 Subdivision

9.5 Controlled Activity Assessment Matters

  1. GENERAL
    In assessing an application for a Controlled Activity for any subdivision, the following general assessment matters shall be used as are applicable to the situation:

    1. Whether the area and shape of all lots is appropriate to their specified purposes and intended use(s), taking into account any relevant performance and/or formation standards specified in the Plan.
    2. Whether each new boundary is practically located taking into account the following factors:
      1. topography
      2. practical management of existing and potential activities on the site
      3. protection of the land from flooding, erosion and instability
      4. the location of existing buildings, roads, drains, streams and rivers, internal access and other natural physical features
      5. surface and ground water conditions, including the quality and quantity of the water, the direction of the water flow and the effects that the subdivision may have on them
      6. local climatic conditions, especially the orientation of the lots in a manner that will allow buildings to be positioned to take advantage of solar energy for heating and lighting, and for buildings to act as a windbreak from prevailing winds
      7. environmental features that have been identified as requiring protection from development
      8. where on-site disposal of stormwater and wastewater is required from existing and potential developments, is there sufficient area of the type of land required for servicing purposes, within each lot
      9. any existing resource consents and the conditions attached to them that need to be accommodated within any lot.
    3. Whether the subdivision (or development of the lots resulting from it eg earthworks, future building sites, access) may affect known sites and/or features having ecological, heritage or cultural value. For determining whether an area of indigenous vegetation is of ecological value, reference should be made to the criteria for determining the significance of indigenous biodiversity in the Waikato Regional Policy Statement. Consideration will also be given to the assessment criteria in 6.2.5.8 as may be relevant, where the area of indigenous vegetation is determined to be of significance. For determining whether a site or feature is of heritage/cultural significance reference should be made to 6.1.6.8 Appendix 1 – Criteria for Assessing Heritage Significance. Consideration will also be given to the assessment criteria in 6.1.5.4(2) as may be relevant, where a site or feature is determined to be of heritage/cultural significance.
    4. Whether necessary easements have been provided for:
      1. the protection of electricity subtransmission and distribution lines, cables or equipment traversing any new allotment, right of way or access lot;
        Note: All such easements shall be in favour of the electricity provider.
      2. any other infrastructure service connections traversing any new allotment, right of way or access lot to serve another lot.
        Note: All such easements shall be in favour of the lot being served.
Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones 9.4.10 Township Zone

9.4.10.1 General Lots In The Township Zone

In the Township Zone land may be subdivided to create general lots as a Controlled Activity as follows:

  1. STANDARDS
    1. Minimum Net Lot Area: 450m2.
    2. Minimum Shape Factor: 15 metre diameter circle (exclusive of any yards and any easements for infrastructure).
    3. Minimum Frontage: 9 metres.
  2. CONTROLLED ACTIVITY MATTERS
    Conditions may be imposed in relation to the matters over which Council has reserved control as specified below:

    1. Size, Shape and Dimensions of Lots
      1. Refer to Section 9.5 – Controlled Activity Assessment Matters.

 

Related Pages

9.4.10 Township Zone
9.4.10.1 General Lots In The Township Zone

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones

9.4.10 Township Zone

  1. PURPOSE
    1. The Township Zone provides for a mixture of residential, commercial and service industrial activities.

 

Related Pages

9.4.10 Township Zone
9.4.10.1 General Lots In The Township Zone

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones 9.4.9 Marae Development Zone

9.4.9.1 General Lots In The Marae Development Zone

In the Marae Development Zone land may be subdivided to create “alienation” lots as a Discretionary Activity as follows:

  1. STANDARDS
    1. No standards are provided for the “alienation” of land. Each application will be assessed on its merits.
  2. DISCRETIONARY ACTIVITY ASSESSMENT CRITERIA
    1. When assessing a Discretionary Activity application for the “alienation” of land in the Marae Development Zone the Council shall have regard to the Controlled Activity Assessment Matters in Section 9.5 and the Discretionary Activity Assessment Criteria in Section 9.6.

 

Related Pages

9.4.9 Marae Development Zone
9.4.9.1 General Lots In The Marae Development Zone

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones

9.4.9 Marae Development Zone

  1. PURPOSE
    1. The subdivision of Maori Land is not controlled by the Resource Management Act 1991, where partitions (subdivisions) involve the holding of the land by members of the same hapu. In this situation, the partition of land is the responsibility of the Maori Land Court, acting in accordance with Te Ture Whenua Maori Act (the Maori Land Act) 1993.
    2. Where the partition of land involves the “alienation” of Maori Land, a subdivision consent is to be sought and obtained, prior to the submission of the application for partition to the Maori Land Court.
    3. As with other standards, subdivision within the Marae Development Zone is considered to be a matter that is of interest only to those persons involved in the zone, as long as there is no effect outside the boundaries of the zone. Council is of the opinion that the matter of partition is essentially a matter to be resolved by the “owners” of the land, through the Maori Land Court using the provisions of Te Ture Whenua Maori Act (the Maori Land Act) 1993.

 

Related Pages

9.4.9 Marae Development Zone
9.4.9.1 General Lots In The Marae Development Zone

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones 9.4.8 Conservation Zones

9.4.8.1 General Lots In The Conservation (Wetland) And (Indigenous Forest) Zones

  1. ACTIVITY STATUS
    1. The provision for subdivision of Special Purpose Lots and significant heritage and environmental features (Rules 9.3.2 and 9.3.4) provide the necessary subdivision provisions for the activities permitted in the Conservation Zones.
    2. Any subdivision outside these provisions will be considered as a Discretionary Activity and shall be assessed in accordance with the assessment criteria in Section 9.6.

 

Related Pages

9.4.8 Conservation Zones
9.4.8.1 General Lots In The Conservation (Wetland) And (Indigenous Forest) Zones

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones

9.4.8 Conservation Zones

 

Related Pages

9.4.8 Conservation Zones
9.4.8.1 General Lots In The Conservation (Wetland) And (Indigenous Forest) Zones

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones 9.4.7 Flood Ponding Zone

9.4.7.1 General Lots In The Flood Ponding Zone

Subdivision for any purpose other than for boundary adjustments and relocations provided for in Rule 9.3.3 is not provided for and shall be a Non Complying Activity.

 

 

Related Pages

9.4.7 Flood Ponding Zone
9.4.7.1 General Lots In The Flood Ponding Zone

Categories
9 Subdivision 9.4 Subdivision Rules Applicable For Specific Zones

9.4.7 Flood Ponding Zone

  1. PURPOSE
    1. The activities permitted in this zone are related principally to the main purpose of flood ponding, and development which is likely to inhibit the function of the zone is restricted.

 

 

Related Pages

9.4.7 Flood Ponding Zone
9.4.7.1 General Lots In The Flood Ponding Zone