District Plan Hauraki Gulf Islands Section - Proposed 2006
(Decision version as annotated by appeals 2009)
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Part 4 - General rules
Annotations key
[DRx] indicates where the content is affected by decision report x
Underlined content to be inserted
Struck through content to be deleted.
Where this annotation appears next to a figure, this indicates that the
figure has been amended or deleted, or a new figure inserted
[APx] indicates where the content is affected by appeal x
4.1 Introduction
4.2 Activities not otherwise specified
4.3 Construction, relocation, alterations and
additions to buildings
4.4 Prohibited activities
4.5 Temporary activities
4.5.1 Objective
4.5.2 Resource management strategy
4.5.3 Permitted activities
4.5.4 Restricted discretionary activities
4.5.5 Discretionary activities
4.6 Noise and vibration from construction activities
4.6.1 Explanation
4.6.2 Noise from construction work
4.6.3 Noise and vibration from blasting or pile
driving for construction activities
4.7 Methodology for measuring noise
4.8 Wastewater
4.8.1 Objective
4.8.2 Resource management strategy
4.9 Signs
4.9.1 Objective
4.9.2 Resource management strategy
4.9.3 Rules
4.10 Lighting
4.10.1 Objective
4.10.2 Resource management strategy
4.10.3 Permitted activities
4.10.5 Assessment criteria for discretionary
activities
4.11 General rules about the application of land unit
and settlement area classifications
4.11.1 Planning maps for Great Barrier
4.11.2 Land unit classification applying to
islands and rocks not shown on the planning maps
4.11.3 Land with more than one classification
4.12 Pest control
4.13 Relationship with rules in other parts of the Plan
Tables
Table 4.1 Noise from construction work
Table 4.2 Noise from construction work
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.
4.3
Construction, relocation, alteration and additions
to buildings
- 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.
Note: If a building is scheduled
as a building, object, property or place of special value, then the
additional rules in clause 7.9.4will also apply
to minor alterations and additions.
- An activity table will specifically provide for the activities of constructing
or relocating buildings, or undertaking exterior alterations and additions
to existing buildings, as separate from using buildings
for any activity listed in the table.
Therefore, 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:
[DR7] [AP15]
- The introduction,
keeping propagation,
distribution or farming of:
- Any new organism
(including genetically
modified organisms).
- Any plant pest species listed
in appendix 14 - Plant and
animal pests.
- The following animal pest
species: possums, feral goats, wallaby, feral deer 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
For all locations throughout the Hauraki Gulf
islands
The following temporary activities are permitted in
all settlement areas and land units, with the exception of landforms
1, 2 (sand flats only) 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).
- 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.
For all locations except Great Barrier
The following temporary activities are permitted
in all land units, with the exception of landforms 1, 2 (sand
flats only) and 4, island residential 1 and 2 and on any scheduled item(s)
and its scheduled site surrounds:
- Events, including performances,
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 use of any
venue for any temporary event does not exceed three events of two days
duration in any 12 month period. The event will be limited to eight
hours duration per day.
- 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 per day.
- 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 70dBA Leq or 80dBA L1
when measured at the notional boundary of any adjacent site with a residential
use.
For Great Barrier only
The following temporary activities are permitted
in all land units and settlement areas, with the exception of
landforms 1, 2 (sand flats only) and 4 and on any scheduled item(s)
and its scheduled site surrounds:
- Events, including
performances, private or public functions (including religious and
educational gatherings), 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 event and temporary
buildings or other temporary structures do not occupy a venue
for more than fourteen 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 six days.
- Any associated
electronically amplified entertainment complies with all of the following:
- It starts no earlier
than 9am.
- 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
eight hours in duration per day.
- 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 8am 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 use of the
venue does not exceed six events which use electronically amplified
entertainment in any 12 month period.
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.
- The number of
events that occur at a venue.
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.
Explanation
Temporary activities not provided for as a
permitted activity require a resource consent. However, it is
noted that everyday activities that may normally be expected to occur,
such as a party within a dwelling, will be considered in terms
of Section 16 of the RMA, which addresses the duty to avoid unreasonable
noise, rather than as a temporary activity.
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:
1. 'Typical duration work' means construction work at
any one location for more than 14 calendar days
2. Short-term duration work' means construction work
at any one location for up to 14 calendar days
Table 4.2
Notes:
1. 'Typical duration work' means construction work at
any one location for more than 14 calendar days.
2. 'Short-term duration work' means construction work
at any one location for up to 14 calendar days.
Note: Commercial 6 (quarry) has its 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 levels must be measured
at or within 20m of any building
where people may reside overnight on a permanent or temporary basis
(on another site from the noise source) or within the legal
boundary, when this is closer to the building. This may be referred
to as the notional boundary.
- Noise levels must
be measured in accordance with the NZS 6801:1999 Acoustics - Measurement
of Environmental Sound.
- 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 incident. The amount by which
limits are exceeded may vary between repeat incidents.
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 the rating level
derived in accordance with Appendix A of NZS 6802:1999
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 at different times
during the day, 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.
4.8.1 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.
[AP24]
- 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 wastewater
infrastructure and, through designations, council operations
relating to wastewater treatment (such as Owhanake wastewater treatment
plant) and settled solids disposal (such as Claris landfill).
- By ensuring that
particular regard is given to the cumulative effects of wastewater disposal.
[AP24]
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 (except for development at Oneroa, Matiatia and
Matiatia wharf) 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.
4.9.1 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.
[AP24]
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.
4.10.1 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.
- By avoiding, remedying
or mitigating the adverse effects of lighting on the night sky.
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.
[DR7] [AP24]
4.10.4 Restricted dDiscretionary
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.
- Exterior lighting on any
scheduled item or within its scheduled site surrounds.
4.10.5 Assessment criteria for discretionary
activities
The council's assessment of an application
for a discretionary activity under clause 4.10.4 will include consideration
of the following matters:
- The extent to which
the outdoor lighting is located, directed and designed to ensure that
glare is not directed at adjacent sites.
- The extent to
which glare from outdoor lighting causes loss of amenity to adjacent
sites.
- The extent to
which glare from outdoor lighting detracts from the dark night-time
sky environment.
- Whether outdoor
lighting appropriately lights public and semi-public areas in a manner
consistent with the principles of crime prevention through environmental
design.
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.
[AP24]
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.
[AP24]
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 eradication, control or management of any plant
and animal pests listed in appendix 14 - Plant and
animal pests is a permitted activity in all land units and settlement
areas.
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 - Transport
Updated May 2012
