operative city of napier district plan · plan change 10 - operative city of napier district plan ....

NapierTheArtDecoCity

OPERATIVE CITY OF

NAPIER DISTRICT PLAN

DISTRICT PLAN CHANGE 10

Volume One

Sections 1 - 4

INCORPORATING THE AHURIRI

SUBDISTRICT PLAN INTO THE

NAPIER DISTRICT PLAN;

HARMONISING PROVISIONS

WHERE PRACTICABLE BETWEEN

THE NAPIER AND HASTINGS

DISTRICT PLANS; AND

INCORPORATING RECENT

COUNCIL POLICY CHANGES AND

DECISIONS

CONTENTS PAGE

Section Page No

Front End

Description of Plan Change including public notice and submission form i-xi

Section 1

Incorporating Ahuriri Subdistrict Plan into the Napier District Plan 1-125

Section 2

Harmonising where practicable between the Napier and Hastings District Plans

Natural Hazards 126

Network Utilities 129

Renewable Electricity Generation 136

Activities on the Surface of Water 145

Earthworks 159

Signs 178

Hazardous Substances (HASNO) 185

Noise 218

Transport 262

Subdivision 272

Non-Rural Activities in Rural Zones and Non-Complying Activities 280

Definitions 304

Roof Surfaces 312

Heritage including provisions for safety alterations of heritage items 317

Temporary Activities 326

Contaminated Sites 332

Tyre Storage 339

Section 3

Incorporating Recent Council Policy Changes and Decisions

Realigning 100% Parking Exemption Area 349

Temporary Signage for Roadside Stalls 351

Open Space - Sports Park Rezoning to implement Park Island Master Plan; and

Rezoning Western Hills and Park Island Cemeteries from Sports Park Zone to a

Reserve Zone (Refer to Planning Maps in Section 4)

353

Updating Code of Practice for Subdivision and Land Development 357

Miscellaneous Consequential Changes 375

Section 4

Planning Maps

Section 5 – Volume Two

Section 32 Analysis (available on request or can be sourced from the Councils web

site www.napier.govt.nz keyword:dpchanges)

http://www.napier.govt.nz/

i

PUBLIC NOTICE UNDER CLAUSE 5 OF SCHEDULE 1 OF THE

RESOURCE MANAGEMENT ACT 1991

PLAN CHANGE 10 - OPERATIVE CITY OF NAPIER DISTRICT PLAN

Public notice is given in accordance with Clause 5 of Schedule 1 of the Resource

Management Act 1991 that the Napier City Council has prepared the following Plan

Change to the Operative City of Napier District Plan.

Plan Change 10: Incorporating the Ahuriri Subdistrict Plan into the Napier

District Plan; Harmonising provisions where practicable between the Napier and

Hastings District Plans and; Incorporating recent Council policy changes and

decisions into the Napier District Plan

Plan Change 10 is largely a community-driven Plan Change that aims to harmonise

District Plan provisions in the Napier District Plan and the Hastings District Plan

wherever practicable while retaining a primary focus on ‘place-based’ planning. There

are three distinct ‘arms’ to this Plan Change; incorporating the Ahuriri Subdistrict Plan

into the Operative City of Napier District Plan; harmonising provisions where

practicable between the Napier and Hastings District Plans; and incorporating recent

Napier City Council policy changes and decisions into the Napier District Plan.

The primary changes proposed in Plan Change 10 are:

To integrate the Ahuriri Subdistrict provisions into the Operative Napier District

Plan so that all planning rules for Napier are held within one planning

document.

To harmonise wherever practicable the following District Plan provisions

between the Napier and Hastings District Plans in order to achieve consistency

between the two authorities.

- Natural Hazards

- Network Utilities

- Renewable Electricity Generation

- Activities on the Surface of Water

- Earthworks

- Signs

- Hazardous Substances

- Noise

- Transport (primarily, but not limited to, car parking ratios)

- Contaminated Sites

- Heritage including provision for safety alterations (earthquake

strengthening) of heritage items

- Temporary Activities

- Non Rural uses within the Rural Zones (Home occupations, Supplementary

Units, Residential Care Facilities, Day Care Centres, Education Facilities,

Travellers’ Accommodation)

- Introducing Non-Complying Activity status particularly for subdivisions not

meeting minimum lot sizes

- Providing for seasonal workers accommodation

- New provisions requiring the use of inert roofing materials in specified

areas

- Tyre storage

ii

- Stage One Implementation of HPUDS (Heretaunga Plains Urban

Development Strategy)

- Noise standards associated with Temporary Activities

- Definitions

To update existing Napier District Plan provisions where they are affected by

recent Napier City Council policy changes and decisions, including;

- Temporary signs in rural areas

- Realigning the parking exemption boundary with the differential rating

boundary in the inner city

- Sports Park Rezoning at Park Island

- Rezoning Western Hills and Park Island Cemeteries from Sports Park to

Reserve Zone

- A proposed change to the boundary of the Sports Park Zone as it

applies to Sir Donald McLean Park

- Updating Code of Practice for Subdivision and Land Development to

reflect current best practice

- Rural Settlement Zone site coverage rules

To update planning maps to reflect the harmonised zonings and for

consistency in style and colour with the Hastings District Plan.

Update and amend Appendices in the Plan as a result of any of the above

changes.

Public Inspection

Plan Change 10 is available for viewing from Monday 9 December 2013 at the

following locations:

Napier City Council Planning Department Reception (2nd

Floor Library Building),

Station Street, Napier;

Napier City and Taradale Public Libraries; and

www.napier.govt.nz keyword: dpchanges

Any queries about, or requests for copies of Plan Change 10 should be made by

telephoning a member of the Napier City Council’s Policy Planning team on (06) 835-

7579.

Comments

Any person may make a submission on Plan Change 10. Submissions must be in

writing and in the format as shown on the submission form. These forms are available

from the Council’s Policy Planning team, downloaded from the council website or

submissions can be made online at: www.napier.govt.nz keyword: dpchanges.

The closing date for comments is 5:00pm Friday 14th

February 2014

Public Participation Process

After the submission period has closed, the Council will publicly notify a summary of

the decisions sought by submitters on Plan Change 10. Public notice will be given

inviting any person representing a relevant aspect of the public interest and any



iii

person that has an interest on the plan change greater than the interest the general

public has, to make a further submission in support or opposition to any of the

submissions received. The Council will then hold a hearing of the submissions. All

eligible persons who made a submission or further submission and who requested to

be heard will be advised when and where their submission will be heard. Every

eligible submitter will be notified of the Council’s decision on their submission and

the reasons for that decision. Any eligible submitter who is not satisfied with the

Council’s decision has the right to appeal the Council’s decision to the Environment

Court.

All written submissions should be addressed to the Senior Policy Planner and:

Posted to: Napier City Council, Private Bag 6010, NAPIER; or

Delivered to: Planning Department Reception (2nd

Floor Library Building),

Station Street, NAPIER; or

Faxed to: (06) 835 7574 (if you fax your submission, please post or deliver

a copy to one of the above addresses).

Alastair Thompson

PLANNING MANAGER

Dated 7th

December 2013

NAPIER DISTRICT PLAN

SUBMISSION FORM

Notes for Submitters

Anyone is invited to make a submission on the plan change. Submissions can be from an individual

or on behalf of an organisation. You may either use this form or prepare your own submission

being careful to use the same format.

In accordance with Form 5 of the Resource Management (Forms, Fees and Procedure) Regulations 2003

Office Use

Submission Number

Date Received Stamp

Database

Date Entered:

Initials: /

SUBMISSIONS CLOSE:

5:00pm Friday

14 February 2014

Send your submission to:

Senior Policy Planner

Napier City Council

Private Bag 6010

Napier 4142

Fax: (06) 835-7574

Name/Organisation:

Contact Name:

(if different from above)

Address for Service:

Phone Number(s):

Fax Number:

Contact Email:

I have attached

pages to this submission

Do you wish to be heard in

support of your submission?

YES NO

If others make a similar submission,

would you be prepared to consider

presenting a joint case?

YES NO

Signature:

Date:

Submission on the

Plan Change: Plan Change 10

The specific provisions of the Plan Change that my submission relates to are:

[give details and tick the boxes that are applicable to your comments]

Incorporating Ahuriri provisions

into the Napier District Plan

Harmonising provisions where

practicable between Napier and

Hastings District Plans

Incorporating Napier City Council

Policy Decisions

My submission relates specifically to the following matters:

[include - whether you support or oppose specific parts of the plan change or wish to have them amended; and

- reasons for your views]

I seek the following amendments to the Proposed Plan Change from Napier City Council:

[give precise details stating what amendments you wish to see made to the Plan change, e.g. retain provision, delete it or modify it

in the following way:]

Attach additional pages if required

iv

Resource Management Act 1991

Operative City of Napier District Plan

PLAN CHANGE 10:

INCORPORATING AHURIRI


NAPIER DISTRICT PLAN,

HARMONISING PROVISIONS WHERE

PRACTICABLE BETWEEN THE

NAPIER AND HASTINGS DISTRICT

PLANS, AND



DECISIONS

SUMMARY and EXPLANATION REPORT

The focus of the Napier District Plan is on the use and development of land in Napier City

and managing the effects these activities generate. Some of these activities and effects

are ‘place-based’, meaning they are specific to a certain location. For example, port

activities within the Port Industrial Zone and its associated port noise boundaries have

been developed specifically for our City. Similarly special character areas such as the Art

Deco and early State Housing areas of Marewa, the Bungalow area of Napier South and

the diverse urban form of Napier Hill are recognised as distinct areas with their own

special characteristics and amenity and have District Plan rules tailored to ensure that

their intrinsic values are not lost to inappropriate development.

Other activities and effects are more generic and are shared by both Napier City and

Hastings District. These are referred to as non-place-based activities and include for

instance, the rules and criteria for storing hazardous substances, network utility

operations and activities such as motorised vehicles on the surface of water, particularly

rivers where both Councils share jurisdiction by virtue of territorial boundaries being

located in the middle of the rivers themselves. In these instances the effects of such

activities are typically of a nature that means there is no logical reason why there should

be different rules applying to these activities solely by virtue of which territorial authority

they are located in, although certain receiving environments may be more sensitive to

their effects than others, necessitating some differences.

The Hawke’s Bay community has sent a clear message to both Councils that the

standards and rules that govern land use activities and development across Napier and

Hastings need to be consistent wherever practicable and any unnecessary differences

eliminated. As mentioned above Napier and Hastings do however, contain communities

and localities that have characteristics that are unique to their respective areas (or indeed

v

sub-areas) and therefore there are a number of ‘place-based’ provisions that should not

be harmonised if those special characteristics and their associated amenity are to be

retained. This Plan Change therefore focuses primarily on non-‘place-based’ provisions

where it makes greater sense for there to be harmonisation wherever practicable across

both districts.

There are three distinct parts to Plan Change 10; incorporating the Ahuriri Subdistrict

Plan into the Operative City of Napier District Plan; harmonising mainly non-‘place based’

provisions where practicable between the Napier and Hastings District Plans; and

incorporating recent Council policy changes and decisions into the Operative Napier

District Plan.

Before an attempt can be made to harmonise District Plan provisions with Hastings,

Napier first needs to achieve internal consistency by combining its two operative district

plans; the Ahuriri Subdistrict Plan and the Operative Napier District Plan into one

document. If, and when, Plan Change 10 becomes operative, the Ahuriri Subdistrict Plan

will no longer exist and there will be one District Plan for Napier City.

Explanation

Plan Change 10 is largely a community-driven Plan Change that aims to harmonise

District Plan provisions, including planning maps, in the Napier District Plan and the

Hastings District Plan wherever practicable while retaining a primary focus on ‘place-

based’ planning in both District Plans.

‘Place based’ planning can be defined in a number of ways but basically it is about

creating rules and standards that recognise the existing character of an area and

protecting those elements that make the area unique, instead of focusing only on

conventional categories of land use. While land use planning (using zones) segregates

dominant uses from one another, ‘place based’ planning takes a more holistic approach,

focusing on identifying current uses, values, and meanings and then recognising and

managing those distinct areas through objectives, policies and rules that are directly

relevant to the place. Place values are important components of the way people

appreciate, enjoy, and experience the environment. Put simply they are the intrinsic

values of a place that attract people to those specific locations in the first place.

This ‘place based’ approach was used in developing the recent Napier City District Plan

Change for Napier Hill as it recognised that the unique characteristics of Napier Hill

(Napier Hill Character Zone) was slowly being eroded away through intensification of

development and new buildings that were not at a scale commensurate with the historical

urban fabric of the Hill. A new set of rules was developed and put in place to rectify this

situation resulting in rules that now control residential intensification and reduce the

impact of new developments on the residential environment. The new provisions have

been designed to retain those elements that have enticed residents to live in this zone.

Napier City Council has received significant feedback from the public, directly and via the

media, that there is a growing discontent with (seemingly) arbitrary differences between

how the Napier City Council and the Hastings District Council operate. These concerns

are not

simply based on the District Plan but cover the full ambit of services provided by both

Councils. These include, but are not limited to, the following:

Differences between Dog Control charges

Different interpretations of the Building Act

vi

Variances in the number of inspections required in each District for a similar

building consent

Hourly rate charges for staff

The Napier City Council and the Hastings District Council recognise that there are

situations where some of these differences are unnecessary and both Councils are

committed to working together to get consistency across both Districts. This is an

ongoing commitment that both Councils have been working on for a number of years and

will continue to work towards in the future. Examples where this cooperation has been

successful to date include:

The Omarunui Landfill, which is owned and operated jointly by the Hastings and

Napier Councils

The alignment of the fees and charges for the use of sports grounds in both

districts

The Heretaunga Plains Urban Development Strategy.

In terms of this plan change, Napier City Council is taking action to support the

community campaign to align the Napier District Plan and Hastings District Plan where

practicable, removing differences that are generic in nature and which should apply

equally to both Hastings and Napier. A place based approach to planning will however be

retained in both District Plans to recognise the unique characteristics of the Districts that

the individual District Plans represent. On the ‘big picture’ scale Hastings is mainly rural

while Napier is mainly urban but even within those parameters there is a considerable

diversity of communities that need to be protected to ensure their unique characteristics

are preserved and enhanced through the process of development.

A crucial precursor to this Napier-Hastings harmonisation process is that there first needs

to be harmony within the Napier City provisions. As mentioned above, land within Napier

is currently either subject to the Napier District Plan or the Ahuriri Subdistrict Plan and

there are a number of minor discrepancies between the two District Plans. Before the

inconsistencies between Napier and Hastings can be removed, those that exist between

Ahuriri and Napier need to be addressed first.

One of the purposes of Plan Change 10 therefore, is to incorporate the land included in

the Ahuriri Subdistrict Plan into the main Napier District Plan. This will include merging a

number of different zones into the Napier Plan, to recognise the distinct character of the

different environments in Ahuriri. However, properties within the Ahuriri Subdistrict will

now become subject to the ‘District Wide’ rules of the Napier District Plan. This means

that rules for things such as signage, car parking, heritage etc will be consistent across

the City.

This will be a significant step towards the ‘harmonisation’ of Napier and Hastings’ District

Plans, because harmonisation cannot be achieved without first rectifying irregularities

within the rules that govern our own City.

In parallel to the Plan Change 10 process but as an entirely separate process, the Mixed

Use Zone is currently being reviewed. The first stage of this review process was the

assessment of the strengths and weaknesses of the zone, and a report detailing the

findings was presented to Council in September 2013. Further assessment of the

appropriateness of provisions for this zone will continue and is intended to be released

as a draft plan change with community feedback sought prior to proceeding to formal

notification. Council does not wish to unwittingly predetermine how this zone should be

managed, and as such has inserted the Mixed Use Zone chapter as a stand-alone chapter

under the section of the Napier District Plan covering ‘Other Zones’, with its own policy

framework taken directly from the Operative Ahuriri Subdistrict Plan in recognition

vii

of the wide variety of activities that the Mixed Use Zone provides for. Following the review

of this zone, it is likely that changes will be made to the provisions of the zone in

response to community feedback and its final form will ultimately depend on a separate

plan change process from that of Plan Change 10.

It should be noted that is has long been the intention of Council to have one District Plan

for Napier. The current Napier District Plan was first drafted including the land in Ahuriri

however due to a legal technicality this was not possible, which is why Napier has two

District Plans today.

Background on Ahuriri Plan

Prior to the current Napier District Plan, there were a number of ‘Subdistrict Plans’

including the Bay View Subdistrict Plan, the Western Hills Subdistrict Plan and the Ahuriri

Subdistrict Plan. Over time it became apparent that this subdistrict plan approach was not

appropriate because it ultimately resulted in inconsistencies across the subdistrict plans

as submissions, appeals, case law and legislative changes all impacted on current ‘best

practice’ options for managing land uses.

It was the intention of the Napier City Council to create one District Plan to incorporate all

of these subdistricts. This is how the Proposed Plan was prepared when it was notified in

November 2000. However, an Environment Court decision in October 2002 ruled that due

to a technicality, the Ahuriri Subdistrict Plan remained as the operative plan for Ahuriri.

The Environment Court held that the Proposed City of Napier District Plan could not have

been a review of the Ahuriri Sub-District Plan on technical grounds, and consequently

ruled that the Proposed Plan was redundant in terms of its application to the Ahuriri

Subdistrict. The Ahuriri subdistrict therefore continues to be subject to the provisions

contained in the Ahuriri Subdistrict Plan. The Proposed Napier District Plan ultimately

proceeded through the statutory process without reference to the Ahuriri subdistrict.

Given that the District Plan was originally written to incorporate the provisions for Ahuriri

it is a relatively straight forward process to insert those provisions back in to the Napier

District Plan. Further, because the rules of the Napier District Plan (declared operative in

2011) are more recent than the rules of the Ahuriri Subdistrict Plan they are considered to

be closer to current ‘best practice’.

Summary of Changes

First Step – Incorporate Ahuriri Subdistrict Plan into the Napier District Plan

Given that the Ahuriri Subdistrict Plan is effectively 10 years older than the Napier District

Plan, there are a number of subtle changes between the provisions.

All the changes are included within the attached schedule of amendments. However, this

section serves as a general overview of how these changes will work. Previously,

properties in Ahuriri were subject firstly to the rules of their individual zone (e.g.

Westshore Residential Zone) and then to the provisions of the ‘District Wide’ rules in the

Ahuriri Plan. Once the Ahuriri provisions are merged into the Napier District Plan, the

properties in Ahuriri will be subject to the District Wide rules of the Napier District Plan,

rather than the existing set of District Wide Rules in the Ahuriri Subdistrict Plan.

Plan Change 10 also brings across the character areas of Iron Pot, Hardinge Road, Battery

Road and Coronation Street from the Ahuriri Subdistrict Plan and includes amended

policies and rules in the heritage section of the Napier District Plan to support the

preservation of these character areas. These are now referred to as Group 3A heritage

viii

items in Plan Change 10. Group 3A identifies buildings which contribute as a group, or

by a recognised style, to the character of Ahuriri. The purpose of bringing these across to

the Napier District Plan is to afford them the same level of protection they currently have.

There are also a number of changes to the planning maps to reflect the merged Ahuriri

zonings as well as some minor changes that will be occurring within the zone chapters

themselves in order to update them so that they match the existing provisions in the

Napier District Plan. These are listed in the attached schedule of amendments.

To best determine how your property may be affected, read the rules for the specific

zone, and also read the District Wide Rules in the Napier District Plan. Please note that as

the names of some of the zones have been altered you will need to check with the table

below to ensure you are consulting the correct set of rules. For example, if you have a

property located in the Hardinge Road Residential Zone in the Ahuriri Subdistrict Plan it is

proposed to now be subject to the provisions of the Hardinge Road Character Zone in the

Napier District Plan, and so on.

For clarity, the table below shows the names of the new zones:

AHURIRI SUBDISTRICT PLAN (existing) NAPIER DISTRICT PLAN (new)

Hardinge Road Residential Zone Hardinge Road Character Zone

Hardinge Road Character Area

Battery Road Residential Character Zone Northern Residential Zone

Westshore Residential Zone

Ahuriri Airport Protection Zone

Ahuriri Local Retail Zone Suburban Commercial Zone

Westshore Local Retail Zone

Foreshore Commercial Zone Remains as Foreshore Commercial Zone

Mixed Use Zone Mixed Use Zone (now contained within ‘Other

Zones’ section of the Plan)

Marine Industrial Zone Names remain unchanged

West Quay Waterfront Zone

Estuary Zone

Foreshore Reserve Zone

Boat Harbour Zone

Sports Park Zone

Second Step – Harmonise provisions where practicable between the Napier and Hastings

District Plans

Hastings and Napier Councils have agreed to collaboratively work towards formulating

consistent district plan rules where possible. However in adopting a place based

approach there will always be differences that recognise the unique character and

neighbourhood amenity of a particular area (for example a neighbourhood that contains a

cluster of a particular architectural style of housing, such as 1930’s art deco style

architecture that warrant a form of protection, compared to a general suburban area

containing a mixture of architectural styles). A ‘one rule fits all’ approach may not be

relevant in this scenario. The sections listed below have the most potential to be

harmonised or made consistent across Hastings and Napier as they are typically (although

to varying degrees) less place based and it is more relevant to apply general rules

associated with those activities.

The following chapters of the Napier District Plan and the Hastings District Plan will be

amended to be as similar as practicable. Some provisions may differ slightly in order to

achieve a standardised format for the new provisions within both the existing Napier

ix

District Plan and Hastings District Plan. Also some harmonisation cannot occur because

even though the sections are district wide they do retain some inherent place based

planning provisions.The following District Plan provisions are harmonised with the

Hastings Plan in order to achieve consistency between Napier City and Hastings District

areas:

Natural Hazards

Network Utilities

Renewable Electricity Generation

Activities on the Surface of Water

Earthworks

Signs

Hazardous Substances

Noise

Transport

Contaminated Sites

Heritage, including provision for safety alterations (earthquake strengthening)

Temporary Activities

Non Rural uses within the Rural Zones (Home occupations, Supplementary Units,

Residential Care Facilities, Day Care Centres, Education Facilities, Travellers’

Accommodation)

Introducing Non-Complying Activity status particularly for subdivisions not

meeting the specified minimum lot sizes

Providing for seasonal workers accommodation

New provisions requiring the use of inert roofing materials in specified areas

Introducing a consenting regime for Tyre storage

Stage One Implementation of HPUDS (Heretaunga Plains Urban Development

Strategy)

Noise standards associated with Temporary Activities

Definitions

Update Appendices as appropriate to incorporate changes to District Plan

provisions

There are also some ‘place based’ rules that can be harmonised without affecting

character or uniqueness of any particular area. Currently the rules in the Napier District

Plan do not prevent an accumulation of a number of non-rural activities from occurring on

the same site in the rural zones if the site is large enough to accommodate those

activities. These activities include:

Home occupations

Supplementary Units (limited to 80m2

including notional garage)

Residential Care Facilities

Day Care Centres

Education Facilities, and

Travellers’ Accommodation

At present, any number and size of the above activities may be undertaken anywhere on

any Main Rural or Rural Residential property, provided that overall site coverage

provisions are not exceeded. These activities are also often used as a ‘permitted baseline’

argument in an attempt to justify an additional dwelling or a subdivision.

The plan change would require that the floor area of the above activities would be

restricted to 80m2

- per site, not per activity. In addition, it is proposed that these

activities must share an access with the primary dwelling and be located within 25m of

the dwelling.

x

The purpose of the new provisions is to protect the productive capacity, rural character

and amenity of these rural areas and also remove any ‘permitted baseline’ argument –

while not removing rights altogether for a variety of activities to occur. A similar

approach is also being adopted in the review of the Hastings District Plan.

Integral to harmonising with the Hastings District Plan is to, where practicable, have

consistent District Plan Maps. This will involve standardizing design format and colour.

Third Step – Incorporate recent Council policy changes and decisions

The Council has recently made certain policy decisions that will impact on the Napier

District Plan. This plan change provides an opportunity to update provisions affected by

these policy decisions. Such decisions include but are not limited to;

Provisions for temporary signs in rural areas. Realigning the parking exemption boundary with the rating differential boundary in

the inner city. A proposed change to the Sports Park at Park Island to accommodate the long term

plans for Park Island. The most significant change is the rezoning of the land that

will form the Northern Sports Hub from Main Residential to Sports Park. The current

provisions of the Sports Park Zone must also be changed to recognise the individual

facilities that are to be catered for at Park Island over and above those of the other

Sports Grounds within the City. These include joint club facilities with a commercial

component to them. The Master Plan (refer to Schedule of Amendments) will be

appended to the zone and provision will be made to allow activities in accordance

with the Master Plan to be permitted.

Rezoning Western Hills and Park Island Cemeteries from Sports Park to Reserve

Zone.

Update the Code of Practice for Subdivision and Land Development to reflect current

best practice.

A proposed change to the site coverage requirements in the Rural Settlement Zone.

A proposed change to the boundary of the Sports Park Zone as it applies to Sir

Donald McLean Park

These changes will update existing Napier District Plan provisions.

Public Inspection

Plan Change 10 may be inspected from 9th

December 2013 at the following locations:

Napier City Council Planning Department Reception (2nd Floor Library Building),

Station Street, Napier;

Napier City Public Library;

Taradale Public Library; and


Any queries about, or requests for copies of Plan Change 10 should be made by

telephoning a member of the Napier City Council’s Policy Planning team on (06) 835-

7579.

Submissions

Any person may make a submission on Plan Change 10. Submissions must be in writing

and in the format as shown on the submission form. These forms are available from the


xi

Council’s Policy Planning team, downloaded from the council website or submissions can

be made online at: www.napier.govt.nz keyword: dpchanges.

The closing date for submissions is 5:00pm Friday 14 February 2014.

After the submission period has closed, the Council will publicly notify a summary of the

decisions sought by submitters on Plan Change 10. Public notice will be given inviting any

person representing a relevant aspect of the public interest and any person that has an

interest on the plan change greater than the interest the general public has, to make a

further submission in support or opposition to any of the submissions received. The

Council will then hold a hearing of the submissions. All eligible persons who made a

submission or further submission and who requested to be heard will be advised when

and where their submission will be heard. Every eligible submitter will be notified of the

Council’s decision on their submission and the reasons for that decision. Any eligible

submitter who is not satisfied with the Council’s decision has the right to appeal the

Council’s decision to the Environment Court.

All written submissions should be addressed to the Senior Policy Planner and:

Posted to: Napier City Council, Private Bag 6010, NAPIER; or

Delivered to: Planning Department Reception (2nd

Floor Library Building), Station

Street, NAPIER; or

Faxed to: (06) 835 7574 (if you fax your submission, please post or deliver a

copy to one of the above addresses).

Alastair Thompson

PLANNING MANAGER


Resource Management Act 1991

Operative City of Napier District Plan

DISTRICT PLAN CHANGE 10



NAPIER DISTRICT PLAN,


PRACTICABLE BETWEEN THE

NAPIER AND HASTINGS DISTRICT

PLANS, AND



DECISIONS

SCHEDULE OF AMENDMENTS

The key below has been developed to assist with understanding what provisions are

being merged, harmonised and/or subject to recent Council policy decisions and

should be referred to whilst reading through the following amendments.

In the following sections, changes relating to the Ahuriri Harmonisation of the

Napier District Plan are represented in BLUE.

Changes relating to the Harmonisation of the Hastings District Plan and the Napier

District Plan are represented in GREEN.

Changes that are related to the harmonising of the Napier District Plan with

Ahuriri and Hastings are represented in PURPLE.

Changes arising from recent Council policy decisions are represented in ORANGE.

New text is represented in underlined italics and text to be deleted is struck out

Section 1


SUBDISTRICT PLAN INTO THE NAPIER

DISTRICT PLAN

CITY OF NAPIER DISTRICT PLAN CHANGE 10 SCHEDULE OF AMENDMENTS

Notified Plan Change 10 1 Ahuriri Subdistrict

Incorporating Ahuriri Subdistrict into Napier District Plan

NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District

Plan are represented in BLUE. Changes relating to the Harmonisation of the Hastings District Plan and the Napier District Plan are represented in GREEN. Changes that are related to the harmonising of the Napier District Plan with Ahuriri and Hastings are represented in PURPLE. Changes arising from recent Council policy decisions are represented in ORANGE.

New text is represented in underlined italics and text to be deleted is struckout NOTE: In the following section, new text is represented in underlined italics and text to be deleted

is struckout

Insert the following into the TABLE OF CONTENTS for Volume 1 of the District Plan

Residential Environments 7 Northern Residential Zone …………………………………………………………… x 8 Hardinge Road Character Zone …………………………………………………….. x

Commercial Environments 18A Foreshore Commercial Zone ………………………………………………………... x

Industrial Environments 25 Mixed Use Zone ………………………………………………………………………. x 26 West Quay Waterfront Zone ………………………………………………………… x

27A Marine Industrial Zone ……………………………………………………………….. x

Open Space Environments 42 Boat Harbour Zone …………………………………………………………………… x 43 Estuary Zone ………………………………………………………………………….. x

Insert the following into the LIST OF APPENDICES for Volume 1 of the District Plan

BULK AND LOCATION

11 West Quay Building Outline

Insertions to Residential Environments Section of the Napier District Plan CHAPTER 4

Insert the following policies under Objective 4.4 4.4.6 Along Hardinge Road and Waghorne Street:

a) Develop land use controls over development that are less restrictive while recognising the area’s diverse building development, the smaller site sizes and the close proximity of many buildings to roads and adjacent sites.



b) Restrict land use and development to maintain and enhance the scale and design of the built environment that contributes to the area’s character.

4.4.7 Within the residential areas of Ahuriri and Westshore:

a) Develop land use controls over development that are less restrictive while recognising the area’s diverse building development, the smaller site sizes and the close proximity of many buildings to roads and adjacent sites.

b) Restrict land use and development to maintain and enhance the scale and design of the built environment that contributes to the area’s character.

Insert the following under Principal Reasons for Adopting Objectives and Policies in

relation to Objective 4.4 and associated Policies The Council wishes to recognise both the historical styles of development as well as modern demands for the Hardinge Road and Waghorne Street residential area. The Hardinge Road area has experienced significant change over the last decade. Remaining historic buildings tend to be concentrated along Waghorne Street, but pressure for redevelopment and opportunities exist which may threaten the character of the area. The demand for waterfront locations has tended towards intensive modern developments on the small sites. This has created close-knit buildings with very small setbacks from the road and adjacent properties. Future development should recognise the scale and historic styles of buildings in the Hardinge Road and Waghorne Street area. The Council wishes to promote the sympathetic development and subdivision of the Westshore and Ahuriri residential areas while also recognising modern demands for new development styles. Parts of the northern residential areas have been identified as having special character in the Port Ahuriri Heritage Study (1994). This character draws upon historical building and development styles. These styles are reflected in the smaller site sizes and diversity of buildings. Recent development pressures in these areas have also contributed to the great variety of buildings. This recent development continues to be intensive in bulk and form, maximising the small site sizes and proximity to the coast.

Amend the following under Methods relating to Objective 4.4

(1) District Plan Rules.

The District Plan identifies five seven residential character zones. (2) Other Methods.

…. A set of architectural guidelines for development within the Northern Residential Zone and the Marewa Art Deco, Marewa State Housing, Napier Hill, and Te Awa Bungalow, and Hardinge Road character zones will be prepared and promoted in conjunction with the planning and architecture professions and other interested parties (for example, the Art Deco Trust). … Support such as architectural advice or financial assistance for projects of particular merit will be provided to property owners in the Northern Residential Zone and the Marewa Art Deco, Marewa State Housing, Napier Hill and Te Awa Bungalow and Hardinge Road character zones.

Amend the following under 4.9 - ZONE DESCRIPTIONS 4.9.1 Introduction

There are seven nine residential zones: Main Residential, Napier Hill Character, Northern Residential, Hardinge Road Character, Marewa Art Deco Character, Marewa State Housing



Figure 4.9.7: Hardinge Road’s mix of styles

Figure 4.9.8: Battery Road

Character, Te Awa Bungalow Character, Marine Parade Character and Western Hills Residential. … 4.9.8 Hardinge Road Character Zone The Hardinge Road Character Zone applies to those properties fronting Hardinge Road and Waghorne Street. Some of the oldest buildings in the Ahuriri area lie on Hardinge Road, tightly grouped and close to the road. The early cottages are small in scale and simple in form. The traditional character of the Hardinge Road area is low rise, with spaces between small buildings being comparatively small. Many original buildings sit right on the road edge or have very narrow

front yards. Traditionally, roof forms were simple gables or hips with lean-to verandas facing the road. In recent times, very intensive new development has begun to replace the historic cottages, resulting in a mix of old and new styles. The Council considers that provision for intensive development should be maintained to enable development to take advantage of the waterfront location while recognising the historic character of the area. 4.9.9 Northern Residential Zone The Northern Residential Zone applies to the area of Westshore and those properties along and in the immediate vicinity of Battery Road. The character of Westshore has been described as being that of a seaside resort which has been progressively changed to a permanent residential suburb (Port Ahuriri Heritage Study 1994). The generous building sections and extended linear shape of the area gives Westshore an open, low rise character which has only recently begun to change as new larger buildings are being constructed. Adjacent to the Westshore area of the Northern Residential Zone is the Hawke's Bay Airport. The airport and its operations are of major significance to the region. Its aircraft operating requirements include an area of the Northern Residential Zone in the vicinity of “The Gap”. This area of the zone lies beneath the airport’s west/east runway flight path. The Battery Road residential area is compact and linear in character, confined by the cliffs of Bluff Hill behind and the railway to the north. To the east, the area is rich in historic associations and contains some of the oldest surviving houses in Ahuriri. There is a strongly suburban quality to the area with buildings of similar scale dating from the 1850s to the 1930s uniformly sited with respect to the road. Building styles along Battery Road and in Westshore are from distinct periods, including: 1850s – 1910 late 19th Century villas and early 20th Century traditional villas. 1930s bungalows and moderne (art deco).

post war modern dwellings and alterations to earlier houses.



The Council considers that provision for intensive development should be maintained, given the historical patterns of development in these areas. However, development should be sympathetic to the character of the Westshore and Battery Road residential areas.

Re-number 4.9.8 - Western Hills Residential Zone and Deferred Western Hills Residential Zone to - 4.9.10

CHAPTER 7 (new)

Add the following new CHAPTER 7 - NORTHERN RESIDENTIAL ZONE in the Residential Environments Section

Chapter 7 NORTHERN RESIDENTIAL ZONE

INTRODUCTION This chapter contains rules managing land uses in the Northern Residential Zone. The boundaries of this zone are shown on the planning maps. All rules apply throughout the Northern Residential Zone unless otherwise stated. 7.1 Summary of Northern Residential Zone Rules The following is a quick reference guide that summarises the Northern Residential Zone

Activity Table and Condition Table. It is intended to be a guide only and must not be used in place of the Northern Residential Zone Activity Table and Condition Table elsewhere in this Chapter.

Rule Number and Description Classification Page Number

Rule 7.2 Residential activities. Permitted

Rule 7.3 Home occupations. Permitted

Rule 7.4 A supplementary unit. Permitted

Rule 7.5 Residential care facilities. Permitted

Rule 7.6 Day care centres. Permitted

Rule 7.7 Travellers’ accommodation. Permitted

Rule 7.8 Education facilities. Permitted

Rule 7.9 Air traffic safety activities. Permitted

Rule 7.10 Scheduled sites. Permitted

Rule 7.11 Land development (including subdivision, but excluding Multi Unit Development for Commercial and Industrial Activities).

Controlled

Rule 7.12 Relocation of a building from another site. Controlled

Rule 7.13 Any new building or structure within the flight path overlay. Controlled

Rule 7.14 A new noise sensitive activity or the addition of a habitable space to an existing noise sensitive activity within the Port Inner Noise Boundary.

Controlled



Rule 7.15 Travellers Accommodation on Meeanee Quay Controlled

Rule 7.16 Any subdivision, use or development of land referred to in Rule 7.2 to 7.14 that does not comply with all the relevant conditions, unless stated by a rule elsewhere in this Chapter.

Restricted Discretionary

Rule 7.17.1(a) A supplementary unit that does not comply with all the relevant conditions.

Discretionary

Rule 7.17.1(b) Retirement complexes. Discretionary

Rule 7.17.1(c) Any non-residential activity not specifically provided for elsewhere in this Chapter.

Discretionary

Rule 7.17.1(d) Use of explosives, other than for temporary military training purposes. Discretionary

Rule 7.17.1(e) The establishment of any noise sensitive activity within the Airport Noise Boundary as shown on Planning Map G5 or Appendix 27

Discretionary

Rule 7.17.1(f) Any business of prostitution Discretionary

Rule 7.18.1(a) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

Rule 7.18.1(a) Any new building or structure, other than network utility operations and coastal protection works within the coastal hazard area shown on the planning maps.

Prohibited

Rule 7.18.1(b) Any new building or structure that exceeds the airport height control designation as shown in Appendix 7.

Prohibited

NORTHERN RESIDENTIAL ZONE – ACTIVITY TABLE

PERMITTED ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities.

7.2 Residential Activities 1. Any residential activity is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the Northern Residential Zone activity table and condition table.

The Council will restrict its discretion to the matters referred to in Rule 7.16.

7.3 Home Occupations 1. A home occupation is a permitted activity provided that:

a) Not more than one full time equivalent job is created for a person(s) residing outside the dwelling unit.

b) At all times, the home occupation must remain incidental and

secondary to the use of the dwelling unit for residential purposes.

c) The area of the home occupation must not exceed 30% of the

gross floor area of the dwelling unit.

d) Any outdoor storage associated with the home occupation must be screened from view of any adjacent sites and public places.

e) Where the home occupation is located in the required garage,

alternative parking spaces must be available on site for two vehicles. One of these sites shall have the dimensions of a notional garage. The notional garage must comply with all the relevant access and manoeuvring conditions in Chapter 61 (Transport) of this Plan.

The Council will restrict its discretion to the matters referred to in Rule 7.16 including the following: - The effects on the residential character of the

neighbourhood. - The effects on public health and safety. - The effects on amenity values. - The effects on traffic and pedestrian safety. - The type, frequency, and timing of traffic.



f) Retailing of goods must not occur from the site except for items produced on the site or fruit, vegetables or other natural products grown on the property.

g) Vehicle movements generated by the home occupation must not

exceed a daily average of 20 and must not attract pedestrian or vehicular traffic between 2200 hours and 0700 hours the following day.

NOTE: A Vehicle movement means the arrival and departure of the

vehicle from the site

h) Objectionable odours must not be produced that can be detected beyond the site boundary.

i) The home occupation must comply in all respects with the

relevant conditions in the Northern Residential Zone activity table and condition table.

2. Any home occupation used for the purposes of a business of

prostitution that does not comply with all of the relevant conditions is a discretionary activity. (Refer Rule 7.13)

7.4 Supplementary Units 1. A supplementary unit is a permitted activity provided that:

a) The unit must consist of a single bedroomed dwelling unit.

b) No more than one supplementary unit may be located on the same site as one other dwelling unit.

c) The gross floor area of the unit must not exceed 80m2,

including a notional garage.

d) The unit need not comply with the open space and density conditions.

e) The unit complies in all other respects with the relevant

conditions in the Northern Residential Zone activity table and condition table.

Note: A supplementary unit that does not comply in all respects with the relevant conditions is a discretionary activity. Refer to Rule 7.17.

7.5 Residential Care Facilities 1. A residential care facility is a permitted activity provided that:

a) The facility must not cater for more than 10 residents, excluding staff.

b) Any outdoor storage associated with the residential care

facility must be screened from view of any adjacent sites and public places.

c) The facility is not located within the Flight Path Overlay.

d) The facility complies in all respects with the relevant conditions

in the Northern Residential Zone activity table and condition table.

NOTE: For the purposes of this rule, residential care facilities do not include retirement complexes (see Rule 7.16.1(b) in the Northern Residential Zone activity table).


7.6 Day Care Centres 1. A day care centre is a permitted activity provided that:

a) The centre must not cater for more than 10 people, excluding staff.




b) Any outdoor storage associated with the day care centre must be screened from view of any adjacent sites and public places.

c) The centre is not located within the Flight Path Overlay.

d) The centre complies in all respects with the relevant conditions


7.7 Travellers’ Accommodation 1. Travellers’ accommodation is a permitted activity provided that:

a) The travellers’ accommodation must not cater from more than 5 guests, excluding staff and/or family.

b) Any outdoor storage associated with the travellers’

accommodation must be screened from view of any adjacent sites and public places.

c) The travellers’ accommodation is not located within the Flight

Path Overlay.

d) The accommodation complies in all respects with the relevant conditions in the Northern Residential Zone activity table and condition table.


7.8 Education Facilities 1. Education facilities are a permitted activity provided that:

a) The facility must not cater for more than 10 students.

b) Any outdoor storage associated with the education facility must be screened from view of any adjacent sites and public places.

c) The facility is not located within the Flight Path Overlay. d) The facility complies in all respects with the relevant conditions



7.9 Air Traffic Safety Activities 1. Any land use within the Flight Path Overlay necessary for air traffic

safety purposes is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the Northern Residential Zone condition table.


7.10 Scheduled Sites 1. Any land use on a scheduled site is a permitted activity provided

that:

a) It complies in all respects with the rules in Chapter 55 (Scheduled Sites).

The Council will restrict its discretion to the matters referred to in Chapter 55 (Scheduled Sites) of this Plan.

CONTROLLED ACTIVITIES

Matters the Council will restrict its discretion to for restricted discretionary activities.

7.11 Land Development (including Subdivision, but excluding Multi Unit Development for Commercial and Industrial Activities)

1. Land development, including subdivision but excluding multi unit

development for Commercial and Industrial Activities is a controlled activity provided that:

a) It complies in all respects with the standards and terms

The Council will exercise its discretion over the matters referred to in Rule 7.16, including the assessment criteria specified in Chapter 66 (Volume II) of this Plan.



specified in Chapter 66 of this Plan.

b) It complies in all respects with the relevant standards and terms in the Northern Residential Zone Activity Table and Condition Table.

c) It is assessed according to the matters in Chapter 66 over

which the Council has reserved its control. 2. The written approval of affected persons will not be necessary in

respect of land development (including subdivision) that fully complies with the conditions, and the application need not be notified.

7.12 Relocation of Buildings 1. Relocation of a building from another site, other than within the

coastal hazard area identified on the planning maps, is a controlled activity provided that:

a) The relocation of a building complies in all respects with the

relevant conditions in the Northern Residential Zone activity table and condition table.

b) A written assessment must be submitted with each application

which must:

i) Include a statement from a building certifier or registered engineer that the building is structurally sound.

ii) State the condition of the building and the reinstatement

works needed to bring the building up to an external visual appearance that is compatible with other buildings in the vicinity.

iii) State the proposed timetable to complete external

reinstatement of the building within 12 months from the date of consent.

iv) Provide clear photographs of the building in its current

state. v) Provide such plans and elevations of the building as are

necessary to illustrate the new site location and likely external design and appearance of the building as a result of reinstatement work.

The Council shall exercise its control over the following:

a) The design, materials and timetable of the proposed reinstatement works.

b) The imposition of any financial contributions in accordance

with Chapter 65 (Financial Contributions) of this Plan. c) The imposition of a performance bond to complete the

reinstatement of the building. 2. The written approval of affected persons will not be necessary in

respect of relocated buildings that comply with the standards and terms, and the application need not be notified.

The Council will restrict its discretion to the matters referred to in Rule 7.16, including the following: - The structural integrity of the building. - The imposition of a performance bond. - The timing of reinstatement works. - The effects on the built character of the

surrounding area. - The effects on amenity values. - The effects on infrastructural services.

7.13 A new noise sensitive activity or the addition of a habitable space to an existing noise sensitive activity within the Port Inner Noise Boundary. 1. A new noise sensitive activity or the addition of a habitable space to

an existing noise sensitive activity within the Port Inner Noise Boundary is a controlled activity provided that:

The Council will restrict its discretion to the matters referred to in Rule 6.13, including the following: - The extent to which the noise sensitive activity (or

additions) will result in an increased likelihood of reverse sensitivity effects.



a) The new noise sensitive activity or the addition of a habitable space to an existing noise sensitive activity must comply in all respects with the relevant conditions in the Northern Residential Zone activity table and condition table.

b) All new habitable spaces within buildings used for the noise

sensitive activity must be adequately insulated from noise arising from the land uses within the Port Industrial Zone.

c) Adequate sound insulation must be achieved by constructing

the building to achieve a spatial average indoor design sound level of 45 dBA Ldn in all new habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

d) An acoustic design report must be provided to the Council

prior to any building consent being granted, or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.


e) The design, siting and layout of the noise sensitive activity or additions.

f) The acoustic insulation necessary to ensure an acceptable

indoor sound level. 2. Except as provided for in Section 94C of the Resource

Management Act, applications will not be publicly notified in respect a new noise sensitive activity or the addition of a habitable space to an existing noise sensitive activity that fully comply with the standards and terms, and notice of applications need not be served.

7.14 Buildings and Structures within the Flight Path Overlay 1. The erection, placement or construction of a building or structure

within the Flight Path Overlay is a controlled activity provided that:

a) It does not exceed the height control restrictions as shown in Appendix 7.

b) Any application for a building consent must be accompanied

by a registered surveyor’s Certificate verifying that the building plans comply with the height restrictions shown in Appendix 7.

c) It complies in all respects with the relevant conditions in the

Northern Residential Zone activity table and condition table.


d) Verification of building or structure height by a registered surveyor following completion of building work.

2. The written approval of affected persons will not be necessary in

respect of buildings and structures within the Flight Path Overlay that fully comply with the conditions, and the application need not be notified.

Note: Any building or structure exceeding the height control restrictions shown in Appendix 7 is a prohibited activity. Refer to Rule 7.21(c).

7.15 Travellers’ Accommodation on Meeanee Quay 1. New travellers’ accommodation with facilities catering for more than

5 guests (excluding staff) and any ancillary licensed or unlicensed restaurant on the same site fronting Meeanee Quay is a controlled




activity provided that:

a) The following yard conditions are complied with:

i) Any part of a building must not be erected closer than 6 metres to the road boundary.

ii) Any part of a building must not be erected closer than 3

metres to any side or rear boundary.

b) A landscaped area with a minimum width of 2 metres must be provided adjacent to the road boundary.

c) The site must be screened to at least 1.8 metres in height

along all side and rear boundaries except within the front yard unless written agreement to the contrary is reached with any affected party.

d) The travellers’ accommodation must comply in all other respects

with the relevant conditions specified elsewhere in the Northern Residential Zone activity table and condition table.


e) The hours of operation of the licensed or unlicensed restaurant.

f) The design and location of vehicle crossings and access. g) The cumulative effects of these land uses.


respect of travellers’ accommodation on Meeanee Quay that fully comply with the conditions, and the application need not be notified.

RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities. 7.16 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules 7.2

to 7.15 that does not comply with all of the relevant conditions in the Northern Residential Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The matters identified in the second column of

the Northern Residential Zone activity table and condition table.

- The cumulative effect of non-compliance with

more than one condition. - In respect of a controlled activity failing to

comply with all of the relevant conditions, those matters the Council had reserved its control over.

- The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 12 of this

Plan where applicable.

DISCRETIONARY ACTIVITIES

7.17 Discretionary Activities 1. The following land uses are discretionary activities. A resource

consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 12. The Council’s discretion is unrestricted.

a) A supplementary unit that does not comply with all the relevant

conditions.



b) Retirement complexes.

c) Any non-residential activity not stated by a rule elsewhere in this

Chapter.

d) Use of explosives, other than for temporary military training purposes.

e) The establishment of any noise sensitive activity within the Airport Noise Boundary as shown on Planning Map G5 or Appendix 27

f) Any business of prostitution (including those that do not comply with all of the relevant conditions as a Home Occupation

PROHIBITED ACTIVITIES

7.18 Prohibited Activities 1. The following land uses are a prohibited activity for which no

resource consent shall be granted:

a) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

b)a) Any new building or structure, other than network utility

operations and coastal protection works, within the coastal hazard area as shown on the planning maps.

c)b) Any new building or structure that exceeds the airport height

control designation as shown in Appendix 7.

NORTHERN RESIDENTIAL ZONE – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


7.19 Density 1. There is no density requirement; subject to compliance with the

other conditions for all land uses elsewhere in the Northern Residential Zone activity table and condition table.

2. A “concept plan” must be submitted to the Council which shows

how a single dwelling unit or multi-unit development is able to fully comply with the conditions for permitted activities if the density is greater than one unit per 250m2 of net site area.

7.20 Yards 1. The following yard conditions shall apply to all land uses:

a) Front Yards

i) Any part of a building must not be erected closer than 3 metres to the road boundary, except that:

Eaves, fascias, gutters, down pipes, chimneys and flues may

encroach on the front yard by a distance of up to 1 metre measured horizontally.

Any part of a garage/carport must not be erected closer than 5m to the road boundary, so as to provide a vehicle standing bay. (Refer to Rule 61.16)

b) Other Yards

i) Any part of a building must not be erected closer than 1 metre to

a side or rear site boundary.

Matters: - The existing streetscape and protection from

road frontage domination. - The outlook and privacy of adjacent and

adjacent properties. - The effects of shading of adjacent properties. - The effects on amenity values of the

neighbourhood. - The effects on the maintenance and

enhancement of watercourses and open drains.



Provided that where this is the only condition infringement

and the written approval of the adjacent landowner(s) is provided at building consent stage, a resource consent application will not be necessary.

ii) Any part of a building, fence or permanently fixed structure

must not be erected close than 6 metres from the top of the bank of any watercourse or open drain.

7.21 Height 1. The following maximum height conditions shall apply to all land

uses, other than aerials, lines and support structures:

a) Any part of a building or structure must not exceed 8 metres in height, except that:

i) On a front site or corner site, any part of a building or structure

may be erected up to the Streetscape Height determined in accordance with Appendix 8 of this Plan.

b) Any part of a building or structure must not exceed the Airport

Height Control Designation in Appendix 7, except where located in a Surface Penetration Area identified in Appendix 7(a) or 7(b), where the maximum height shall be 8 metres unless the building or structure is located west of the Main Residential Elevation Line (shown in Appendix 3), where the maximum height shall not exceed 10 metres.

c) Where there is conflict between any of the height control lines or

limits, the lowest height must prevail. d) Where the Airport Height Control Designation prevails in

accordance with Rule 7.21.1(c):

i) Any application for a building consent must be accompanied by a registered surveyor’s certificate verifying that the building plans do not exceed the Airport Height Control Designation in Appendix 7.

ii) Prior to a person requesting a Certificate of Compliance, a

registered surveyor’s certificate must be supplied, verifying compliance with the Airport Height Control Designation in Appendix 7.

e) Height must be measured using the rolling height method.

Matters: - The scale and bulk of the building in relation to

the site. - The built characteristic of the neighbourhood. - The extent to which the effects of the height can

be mitigated by setbacks, planting, design or topography of the site.

- The effects on landscape values. - The effects of shading. - The effects on amenity values.

7.22 Height in Relation to Boundary 1. The following height in relation to boundary conditions shall apply to

all land uses:

a) Any part of a building or structure must not project beyond a building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 3.0 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

b) Provided that:

i) In relation to multi-unit development, the building envelope must be constructed by drawing planes along all parts of all building site boundaries and must commence at the building site boundary.

ii) The height in relation to boundary control does not apply to the

length of common wall between two or more attached buildings.

Matters: - The availability of daylight to adjacent properties. - The effects on the privacy of adjacent properties

and occupiers. - The effects on amenity values.



iii) Where the site abuts an entrance strip or access lot, the furthest boundary of the entrance strip or access lot may be deemed to be the site boundary for the purpose of applying the height in relation to boundary control.

iv) No account must be taken of aerials, lines, support structures,

solar heating devices, air conditioning units and similar structures housing electronic or mechanical equipment or chimneys, no more than 1 metre wide in any horizontal direction and less then 2.5 metres in height beyond the building envelope.

7.23 Site Coverage 1. The following site coverage conditions shall apply to all land uses:

a) Site coverage (measured from gross building area) must not exceed 50% of the net site area.

b) Provided that where there is no garage or carport on site, the

gross building area must include a notional garage of 18.5m2 for each dwelling unit on the site.

Matters: - The availability of useable open space on site. - The scale and bulk of the building in relation to

the site. - The existing built density of the neighbourhood. - The effect on the open space appearance of the

neighbourhood. - The control of stormwater runoff.

7.24 Landscaped Area 1. The following landscaped area conditions shall apply to all land

uses:

a) All sites must have a landscaped area not less than 20% of the net site area.

Matters: - The effect on the open space appearance of the

neighbourhood. - The control of stormwater runoff. - The effects on amenity values.

7.25 Open Space 1. The following open space conditions shall apply to all residential

activities:

a) Each dwelling unit must have an amount of open space on the building site of not less than 50% of the gross floor area of all buildings on the site, except that a minimum of 50m2 per dwelling unit must be provided.

b) Where there is no garage or carport proposed or existing on the

site, the gross floor area must include a notional garage of 18.5m2 for each dwelling unit on the site.

c) The maximum amount of open space required to be provided on

a building site is 100m2 per dwelling unit. d) Provided that:

i) Open space may comprise of more than one area. ii) Open space may take the form of a deck or terrace but must

be unobstructed by buildings (other than cantilevered decks), parking spaces, or vehicle manoeuvring areas.

iii) Open space must be directly accessible from the unit to which

it relates. iv) The open space must:

Include at least one area capable of containing a 6 metre

diameter circle; and Have a minimum dimension of 3 metres measured at right

angles to the perimeter of the area.

Matters: - The effects on privacy and amenity of the

occupants on-site. - The effect on the open space appearance of

the neighbourhood.



7.26 Noise 1. The following noise conditions shall apply to all land uses, other than

those exempted in Rule 57.5:

a) The following noise limits must not be exceeded at any point beyond the site boundary, except where expressly provided for elsewhere in this Plan:

Monday to Saturday inclusive, 0700 hours to 1800 hours L10 45 dBA All other times L10 35 dBA Monday to Sunday inclusive, 1800 hours to 0700 hours the following day Lmax 65 dBA

1. The following noise conditions shall apply to all land uses (including

noise from fixed plants such as air conditioning units and other similar devices), other than those exempted in Rule 57.9:

a) The following noise limits must not be exceeded at any point

beyond the site boundary, except where expressly provided for elsewhere in this Plan:

Control Hours Noise Level 0700 to 1900 hours 50 dB LAeq (15 min) 1900 to 2200 hours 45 dB LAeq (15 min) 2200 to 0700 hours the following day 40 dB LAeq (15 min) 2200 to 0700 hours the following day 65 dB LAFmax

b) All land uses must comply in all respects with the relevant

conditions in Chapter 57 (Noise) of this Plan. c) It will be a condition of subdivision of land (as defined in the Act)

that a consent notice issued under Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(a) above are achieved

2. The following acoustic insulation conditions shall apply to all new

noise sensitive activities and the addition of a habitable space to an existing noise sensitive activity within the Port Noise Boundary (excluding the Port Inner Noise Boundary):

a) All new habitable spaces within buildings used for the noise


b) Adequate sound insulation must be achieved by constructing the

building to achieve a spatial average indoor design sound level of 45 dBA Ldn in all new habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) In order to achieve this standard either:

(i) An acoustic design report must be provided to the Council

prior to any building consent being granted, or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule; or

(ii) Compliance with the requirements in the following table will

Matters: - The sound level likely to be generated. - The nature and frequency of the noise

including any special audible characteristics. - The compatibility within the neighbourhood. - The effects of noise on amenity values. - The length of time for which specified noise

levels is exceeded, especially at night. - The likely adverse effects on-site and beyond

the site. - The mitigation measures to reduce noise

generation.



be deemed to achieve the required insulation standard specified in this rule. A report must be provided to the Council prior to any building consent being granted demonstrating compliance with the requirements listed in the following table and will form part of the building consent application. The report must be prepared by the person responsible for undertaking the building work.

Building Element

Requirement

Wall 1. 20mm timber weather boards exterior cladding. Internal lining two layers of 10mm thick gypsum plasterboard. Minimum 75mm thick fibreglass or polyester or wool insulation in wall cavity.

2. Brick veneer. Internal lining 1 layer of 10mm thick gypsum plasterboard.

Window 1. Up to 20% of wall area 7mm laminated glazing (1mm interlayer).

2. Up to 50% of wall area 11mm laminated glazing (1mm interlayer).

Roof 1. Pitched roof greater than 20o: steel cladding of 0.5mm or greater or tiles. Ceiling lining of two layers of minimum 10mm thick gypsum plasterboard. Minimum 75mm thick fibreglass or polyester or wool insulation of 14kg/m3 in ceiling cavity.

2. Skillion roof: steel cladding of 0.5mm or greater. Ceiling lining of two layers of minimum 13mm thick gypsum plasterboard. Minimum 75mm thick fibreglass or polyester or wool insulation of 14kg/m3 in ceiling cavity.

Floor 1. On grade slab. 2. Two layers of 20mm thick particle board.

d) Prior to any person requesting a Certificate of Compliance, an

acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in (b) above.

e) It will be a condition of subdivision of land (as defined in the Act)

that a consent notice issued under Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(b) above are achieved.


noise sensitive activities within the Airport Noise Boundary:

a) Where any new noise sensitive activity is established within the airport noise boundary as shown on the planning maps:

i) All habitable spaces within the building must be adequately

insulated from noise arising from aircraft operations associated with the Hawke’s Bay Airport.

ii) Adequate sound insulation must be achieved by constructing

any building to achieve a spatial average indoor design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with windows and doors open unless adequate alternative ventilation means is provided, used and maintained



in operating order. iii) The owner must produce to the Council an acoustic design

report prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.

b) Prior to any person requesting a Certificate of Compliance, an

acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 3(a) above.

c) It will be a condition of subdivision of land (as defined in the Act)

that a consent notice issued under Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 3(a) above are achieved

7.27 Light Spill 1. The following light spill conditions shall apply to all land uses other

than for the purposes of illuminating a road:

a) Between the hours of 2200 and 0700 the following day, any outdoor lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space within a building located on any other site).

b) The outdoor lighting must be so selected, located aimed,

adjusted, screened and maintained to ensure that glare resulting from the lighting does not cause significant adverse effects on the occupants of residential activities, road users or aircraft..

c) NOTE:Where the measurement of any added illuminance

cannot be made because any person refuses to turn off outdoor lighting, measurements may be made in locations which the Council considers is of a similar nature which are not affected by such outdoor lighting. Those measurements may be used to determine the added illuminance, if any, of the subject lighting. Measurement should be made in clear sky conditions, or should take into account the effect of weather conditions on illuminance.

Matters: - The orientation, strength, intensity, colour and

frequency of any light. - The effects on traffic safety. - The effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety and wellbeing

of people.

7.28 Vibration 1. The following vibration conditions shall apply to all land uses:

a) Land uses must not generate a vibration that causes an unreasonable adverse effect on any adjacent land use.

Matters: - The effect on public health and safety. - The effects on the structural integrity of

adjacent buildings and facilities. - The effect on amenity values of the residential

area.

7.29 Fencing 1. The following fencing conditions shall apply to all land uses:

a) Any fence erected within front, side and rear yards must not exceed 2 metres in height.

Matters: - The effects of shading. - The effects on amenity values. - The effects on public health and safety.

7.30 Aerials, Lines and Support Structures 1. The following conditions shall apply to all aerials, lines and support

structures other than for the purposes of a network utility operation:

Matters: - The effects on amenity values. - The scale in relation to adjacent buildings. - The bulk and form of the aerial, line and/or



a) Aerials, lines or support structures must not exceed 12 metres in height.

b) Aerials, lines or support structures, and trees must not exceed

the Airport Height Control Designation in Appendix 7, except where located in a Surface Penetration Area, where the maximum height shall not exceed 12 metres.


limits, the lowest height must prevail. d) Where the Airport height controls prevail in accordance with

Rule 5.26.1(c):




e) Dish antenna must not exceed 1.2 metres in diameter. f) Where an aerial, line or support structure exceeds 7 metres in

height above the point of its attachment or base support, it must also comply with the following conditions:

i) The distance from the centre to the furthest element tip must

not exceed 7.5 metres in a horizontal direction. ii) There must be not more than one such structure on the site.

g) The aerial, line and/or support structure must comply with the

conditions relating to yards and height in relation to boundary specified elsewhere in the Northern Residential Zone condition table.

supporting structures. - The effects of shading. - The extent to which heritage or cultural values

are adversely affected. - The cumulative effect of additional aerials, lines

and/or supporting structures. - The prominence of the site taking into account

significant public views and any significant landscapes.

- The effects on public health and safety. - The effects on air traffic safety.

7.31 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan

must be complied with.

Matters: Refer to Chapter 52A (Earthworks) of this Plan.

7.312 Heritage 1. The relevant provisions of Chapter 56 (Heritage) of this Plan must

be complied with.

Matters: Refer to Chapter 56 (Heritage) of this Plan.

7.323 Signs 1. The relevant provisions of Chapter 58 (Signs) of this Plan must be

complied with.

Matters: Refer to Chapter 58 (Signs) of this Plan.

7.334 Trees 1. The relevant provisions of Chapter 60 (Trees) of this Plan must be

complied with.

Matters: Refer to Chapter 60 (Trees) of this Plan.

7.345 Transport 1. The relevant provisions of Chapter 61 (Transport) of this Plan must

be complied with.

Matters: Refer to Chapter 61 (Transport) of this Plan.

7.356 Natural Hazards 1. The relevant provisions of Chapter 62 (Natural Hazards) of this Plan


Matters: Refer to Chapter 62 (Natural Hazards) of this Plan.



7.37 Activities on the Surface of Water

1. The relevant provisions of Chapter 62A (Activities on the Surface of Water) of this Plan must be complied with.

Matters: Refer to Chapter 62A (Activities on the Surface of Water) of this Plan.

7.368 Hazardous Substances 1. The relevant provisions of Chapter 63 (Hazardous Substances) of

this Plan must be complied with.

Matters: Refer to Chapter 63 (Hazardous Substances) of this Plan. -

7.379 Contaminated Sites 1. The relevant provisions of Chapter 64 (Contaminated Sites) of this

Plan must be complied with.

Matters: Refer to Chapter 64 (Contaminated Sites) of this Plan.

7.3840 Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of


Matters: Refer to Chapter 65 (Financial Contributions) of this Plan.

7.3941 Code of Practice for Subdivision and Land Development 1. The relevant provisions of Chapter 66 (Code of Practice for

Subdivision and Land Development) must be complied with.

Matters: Refer to Chapter 66 (Code of Practice for Subdivision and Land Development) of this Plan.

CHAPTER 8 (New)

Add the following new CHAPTER 8 – HARDINGE ROAD CHARACTER ZONE in the Residential Environments Section

Chapter 8 HARDINGE ROAD CHARACTER ZONE

Introduction

This chapter contains rules managing land uses in the Hardinge Road Character Zone. The boundaries of this zone are shown on the planning maps. All rules apply throughout the Hardinge Road Character Zone unless otherwise stated. 8.1 Summary of Hardinge Road Character Zone Rules

The following is a quick reference guide that summarises the Hardinge Road Character Zone Activity Table and Condition Table. It is intended to be a guide only and must not be used in place of the Hardinge Road Character Zone Activity Table and Condition Table elsewhere in this Chapter.












Rule 8.10 Land development (including subdivision, but excluding Multi Unit Development for Commercial and Industrial Activities ).

Controlled


Rule 8.12 Any subdivision, use or development of land referred to in Rules 8.2 to 8.11 that does not comply with all the relevant conditions, unless stated by a rule elsewhere in this Chapter.


Rule 8.13.1(a) A supplementary unit that does not comply with all the relevant conditions.

Discretionary

Rule 8.13.1(b) Retirement complexes. Discretionary

Rule 8.13.1(c) Any non-residential activity not specifically provided for elsewhere in this Chapter.

Discretionary

Rule 8.13.1(d) Use of explosives, other than temporary military training purposes. Discretionary

Rule 8.13.1(e) Any business of prostitution. Discretionary

Rule 8.14. Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

HARDINGE ROAD CHARACTER ZONE - ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities. 8.2 Residential Activities 1. Any residential activity is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the Hardinge Road Character Zone activity table and condition table.



a) Not more than one full time equivalent job is created for a person(s) residing outside the dwelling unit.

b) At all times, the home occupation must remain incidental and secondary to the use of the dwelling unit for residential purposes.

c) The area of the home occupation must not exceed 30% of the gross floor area of the dwelling unit.

d) Any outdoor storage associated with the home occupation

must be screened from view of any adjacent sites and public places.


alternative parking spaces must be available on site for two vehicles. One of these sites shall have the dimensions of a notional garage. The notional garage must comply with all the relevant access and manoeuvring conditions in Chapter 61 (Transport) of this Plan.

The Council will restrict its discretion to the matters referred to in Rule 8.12 including the following: - The effects on the residential character of the

neighbourhood. - The effects on public health and safety. - The effects on amenity values. - The effects on traffic and pedestrian safety. - The type, frequency, and timing of traffic.



f) Retailing of goods must not occur from the site except for items produced on the site or fruit, vegetables or other natural products grown on the property.

g) Vehicle movements generated by the home occupation must

not exceed a daily average of 20 and must not attract pedestrian or vehicular traffic between 2200 hours and 0700 hours the following day.

NOTE: A Vehicle movement means the arrival and departure of the vehicle from the site

h) Objectionable odours must not be produced that can be

detected beyond the site boundary.

i) The home occupation must comply in all respects with the relevant conditions in the Hardinge Road Character Zone activity table and condition table.

2. Any home occupation used for the purposes of a business of

prostitution that does not comply with all of the relevant conditions is a discretionary activity. (Refer Rule 10.13)

8.4 Supplementary Units 1. A supplementary unit is a permitted activity provided that:

a) The unit must consist of a single bedroomed dwelling unit. b) No more than one supplementary unit may be located on the

same site as one other dwelling unit.

c) The gross floor area of the unit must not exceed 80m2, including a notional garage.

d) The unit need not comply with the open space and density

conditions. e) The unit complies in all other respects with the relevant

conditions in the Hardinge Road Character Zone activity table and condition table.

Note: A supplementary unit that does not comply in all respects with the relevant conditions is a discretionary activity. Refer to Rule 8.13.



b) Any outdoor storage associated with the residential care

facility must be screened from view of any adjacent sites and public places.

c) The facility complies in all respects with the relevant conditions

in the Hardinge Road Character Zone activity table and condition table.

NOTE: For the purposes of this rule, residential care facilities do not include retirement complexes (see Rule 8.13.1(b) in the Hardinge Road Character Zone activity table).




b) Any outdoor storage associated with the day care centre must

be screened from view of any adjacent sites and public places.




c) The centre complies in all respects with the relevant conditions



a) The travellers’ accommodation must not cater from more than 5 guests, excluding staff and/or family.

b) Any outdoor storage associated with the travellers’

accommodation must be screened from view of any adjacent sites and public places.

c) The accommodation complies in all respects with the relevant

conditions in the Hardinge Road Character Zone activity table and condition table.



a) The facility must not cater for more than 10 students. b) Any outdoor storage associated with the education facility

must be screened from view of any adjacent sites and public places.

c) The facility complies in all respects with the relevant conditions



8.9 Scheduled Sites 1. Any scheduled land use on a scheduled site is a permitted activity

provided that:





8.10 Land Development (including Subdivision but excluding Multi Unit development for Commercial and Industrial Activities)

1. Land development, including subdivision but excluding multi unit

development for commercial and industrial activities, is a controlled activity provided that:

a) It complies in all respects with the standards and terms

specified in Chapter 66 of this Plan. b) It complies in all respects with the relevant standards and

terms in the Hardinge Road Character Zone Activity Table and Condition Table.


which the Council has reserved its control.

2. The written approval of affected persons will not be necessary in respect of land development (including subdivision) that fully complies with the standards and terms, and the application need not be notified.

The Council will exercise its discretion over the matters referred to in Rule 8.12, including the assessment criteria specified in Chapter 66 of this Plan.



8.11 Relocation of Buildings 1. Relocation of a building from another site is a controlled activity

provided that:

a) The relocation of the building complies in all respects with the relevant conditions in the Hardinge Road Character Zone activity table and condition table.


which must:






iv) Provide clear photographs of the building in its current

state. v) Provide such plans and elevations of the building as are



c) The design, materials and timetable of the proposed reinstatement works.

d) The imposition of any financial contributions in accordance

with Chapter 65 (Financial Contributions) of this Plan. e) The imposition of a performance bond to complete the


respect of relocated buildings that comply with the standards and terms, and the application need not be notified.

The Council will restrict its discretion to the matters referred to in Rule 8.12, including the following: - The structural integrity of the building. - The imposition of a performance bond. - The timing of reinstatement works. - The effects on the built character of the


RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities.

8.12 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules

8.2 to 8.11 that does not comply with all of the relevant conditions in the Hardinge Road Character Zone activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


the Hardinge Road Character Zone activity table and/or condition table.

- The cumulative effect of non-compliance with more than one condition.

- In respect of a controlled activity failing to comply with all of the relevant conditions, those matters the Council had reserved its control over.

- The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 12 of this

Plan where applicable.


8.13 Discretionary Activities



1. The following land uses are discretionary activities. A resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 12. The Council’s discretion is unrestricted.

a) A supplementary unit that does not comply with all the relevant

conditions. b) Retirement complexes. c) Any non-residential activity not specifically provided for by a

rule elsewhere in this Chapter. d) Use of explosives, other than for temporary military training

purposes. e) Any business of prostitution (including those that do not comply

with all of the relevant conditions as a Home Occupation PROHIBITED ACTIVITIES




HARDINGE ROAD CHARACTER ZONE – CONDITION TABLE

CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


8.154 Density 1. There is no density requirement; subject to compliance with the

other conditions for all land uses elsewhere in the Hardinge Road Character Zone condition table.


how a single dwelling unit or multi-unit development is able to fully comply with the conditions for permitted activities if the density is greater than one unit per 150m2 of net site area.


a) Front Yards

i) Any part of a building must not be erected closer than 1 metre to the road boundary, except that:

Eaves, fascias, gutters, down pipes, chimneys and flues

may encroach on the front yard by a distance of up to 1 metre measured horizontally.

Any part of a garage/carport must not be erected closer than 5m to the road boundary, so as to provide a vehicle standing bay. (Refer to Rule 61.16).

b) Other Yards

i) Any part of a building must not be erected closer than 1

metre to a side or rear site boundary.

Provided that where this is the only condition infringement and the written approval of the adjacent landowner(s) is

Matters: - -The existing streetscape and protection from

road frontage domination. - The outlook and privacy of adjacent and

adjacent properties. - The effects of shading of adjacent properties. - The effects on amenity values of the

neighbourhood. - The effects on the maintenance and

enhancement of watercourses and open drains.



provided at building consent stage, a resource consent application will not be necessary.

ii) Any part of a building, fence or permanently fixed structure

must not be erected closer than 6 metres from the top of the bank of any watercourse or open drain.



a) Any part of a building or structure must not exceed 7.5 metres in height, except that:

i) For that part of the zone greater than 25 metres from the

Hardinge Road boundary, the height of any part of a building or structure must not exceed 11 metres.

ii) On a front site or corner site, any part of a building or

structure may be erected up to the Streetscape Height determined in accordance with Appendix 8 of this Plan.

b) Any part of a building or structure must not exceed the Airport

Height Control Designation in Appendix 7, except where located in a Surface Penetration Area identified in Appendix 7(a) or 7(b), where the maximum height shall not exceed 10 metres.

c) Where there is conflict between any of the height control lines

or limits, the lowest height must prevail. d) Where the Airport Height Control Designation prevails in









- The effects on landscape values. - The effects of shading. - The effects on amenity values. - The effects on air traffic safety

8.187 Height in Relation to Boundary 1. The following height in relation to boundary conditions shall apply

to all land uses:

a) Any part of a building or structure must not project beyond a building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 3.0 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

b) Provided that:

i) In relation to multi-unit development, the building envelope

must be constructed by drawing planes along all parts of all building site boundaries and must commence at the building site boundary.

ii) The height in relation to boundary control does not apply to

the length of common wall between two or more attached buildings.

ii) Where the site abuts an entrance strip or access lot, the





furthest boundary of the entrance strip or access lot may be deemed to be the site boundary for the purpose of applying the height in relation to boundary control.

iii) No account must be taken of aerials, lines, support

structures, solar heating devices, air conditioning units and similar structures housing electronic or mechanical equipment or chimneys no more than 1 metre wide in any horizontal direction and less than 2.5 metres in height beyond the building envelope.



b) Provided that where there is no garage or carport on site, the

gross building area must include a notional garage of 18.5m2 for each dwelling unit on the site.


the site. - The existing built density of the neighbourhood. - The effect on the open space appearance of the

neighbourhood. - The control of stormwater runoff.

8.2019 Landscaped Area 1. The following landscaped area conditions shall apply to all land

uses:

a) All sites must have a landscaped area not less than 15% of the net site area.

Matters: - The effect on the open space appearance of the

neighbourhood. - The control of stormwater runoff. - The effects on amenity values.

8.210 Open Space 1. The following open space conditions shall apply to all residential

activities:

a) Each dwelling unit must have an amount of open space on the building site of not less than 40% of the gross floor area of all buildings on the site, except that a minimum of 40m2 per dwelling unit is to be provided.

b) Where there is no garage or carport proposed or existing on

the site, the gross floor area must include a notional garage of 18.5m2 for each dwelling unit on the site.

c) The maximum amount of open space required to be provided

on a building site is 100m2 per dwelling unit. d) Provided that:

i) Open space may comprise of more than one area. ii) Open space may take the form of a deck or terrace but

must be unobstructed by buildings (other than cantilevered decks) parking spaces, or vehicle manoeuvring areas.

iii) Open space must be directly accessible from the unit to

which it relates. iv) The open space must:


diameter circle; and Have a minimum dimension of 2 metres measured at right

angles to the perimeter of the area.


occupants on-site. - The effect on the open space appearance of the

neighbourhood.

8.221 Noise 1. The following noise conditions shall apply to all land uses, other

than those exempted in Rule 57.5:

Matters: - The sound level likely to be generated. - The nature and frequency of the noise including

4m

2.0

m






1. The following noise conditions shall apply to all land uses (including noise from fixed plants such as air conditioning units and other similar devices), other than those exempted in Rule 57.9:





conditions in Chapter 57 (Noise) of this Plan. 2. The following acoustic insulation conditions shall apply to all new

noise sensitive activities and the addition of a habitable space to an existing noise sensitive activity within the Port Noise Boundary (excluding the Port Inner Noise Boundary):

a) All new habitable spaces within buildings used for the noise


b) Adequate sound insulation must be achieved by constructing

the building to achieve a spatial average indoor design sound level of 45 dBA Ldn in all new habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) In order to achieve this standard either:

(i) An acoustic design report must be provided to the Council

prior to any building consent being granted, or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule; or

(ii) Compliance with the requirements in the following table will

be deemed to achieve the required insulation standard specified in this rule. A report must be provided to the Council prior to any building consent being granted demonstrating compliance with the requirements listed in the following table and will form part of the building consent application. The report must be prepared by the person responsible for undertaking the building work.

Building Element

Requirement

any special audible characteristics. - The compatibility within the neighbourhood. - The effects of noise on amenity values. - The length of time for which specified noise



generation.





Window 1. Up to 20% of wall area 7mm laminated glazing (1mm interlayer).

2. Up to 50% of wall area 11mm laminated glazing (1mm interlayer).



Floor 1. On grade slab.

2. Two layers of 20mm thick particle board.


acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in (b) above.

e) It will be a condition of subdivision of land (as defined in the

Act) that a consent notice issued under Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(b) above are achieved.


noise sensitive activities within the Industrial Noise Boundary:

a) All habitable spaces within the building must be adequately insulated from noise arising from land uses within the Suburban Industrial Zone


any building to achieve a spatial average indoor design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) An acoustic design report must be provided to the Council

prior to any building consent being granted, or where no building consent is required, prior to the commencement of the



use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.


acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 3(b) above.

e) It will be a condition of subdivision of land (as defined in the

Act) that a consent notice issued under Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 3(b) above are achieved



a) Between the hours of 2200 and 0700 the following day, any outdoor lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space within a building located on any other site).

b) The outdoor lighting must be so selected, located aimed,

adjusted, screened and maintained to ensure that glare resulting from the lighting does not cause significant adverse effects on the occupants of residential activities, road users or aircraft.

NOTE: Where the measurement of any added illuminance cannot be made because any person refuses to turn off outdoor lighting, measurements may be made in locations which the Council considers is of a similar nature which are not affected by such outdoor lighting. Those measurements may be used to determine the added illuminance, if any, of the subject lighting. Measurement should be made in clear sky conditions, or should take into account the effect of weather conditions on illuminance.


frequency of any light. - The effects on traffic safety. - The effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety and wellbeing

of people.


a) Land uses must not generate a vibration that causes an unreasonable adverse effect on any adjacent land use.

Matters: - The effect on public health and safety. - The effects on the structural integrity of adjacent

buildings and facilities. - The effect on amenity values of the residential

area.






a) Aerials, lines or support structures must not exceed 12 metres

in height.


supporting structures. - The effects of shading.



b) Aerials, lines or support structures, and trees must not exceed

the Airport Height Control Designation in Appendix 7, except where located in a Surface Penetration Area identified in Appendix 7(a) or 7(b), where the maximum height shall not exceed 12 metres.

c) Where there is conflict between any of the height control lines

or limits, the lowest height must prevail. d) Where the Airport Height Control Designation prevails in






height above the point of its attachment or base support, it must also comply with the following conditions:

i) The distance from the centre to the furthest element tip

must not exceed 7.5 metres in a horizontal direction. ii) There must be no more than one such structure on the

site.

g) The aerial, line and/or support structure must comply with the conditions relating to yards and height in relation to boundary specified elsewhere in the Hardinge Road Character Zone condition table.

- The extent to which heritage or cultural values are affected.

- The cumulative effect of additional aerials, lines and/or supporting structures.

- The prominence of the site taking into account significant public views and any significant landscapes.


8.26 Earthworks

1. The relevant provisions of Chapter 52A (Earthworks) of this Plan must be complied with.



be complied with.



complied with.



complied with.


8.30 Transport 1. The relevant provisions of Chapter 61 (Transport) of this Plan



8.31 Natural Hazards 1. The relevant provisions of Chapter 62 (Natural Hazards) of this





8.32 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface of

Water) of this Plan must be complied with.




Matters: Refer to Chapter 63 (Hazardous Substances) of this Plan. -


Plan must be complied with .






Subdivision and Land Development) of this Plan must be complied with.


CHAPTER 13

Add the following 2nd and 3rd paragraphs into PRINCIPAL REASONS FOR RULES 13.1 Prohibited Activities (Residential Environments)

An area of Napier’s coastline has been identified as being subject to coastal erosion and inundation. Within this area, any new structures (with some exceptions) are prohibited, to ensure that the effects of erosion on the land and structure, together with the “flip-side” effects of the structure on the coastal hazard, are appropriately managed.

To ensure the safety of air traffic approaching and taking off from the Hawke's Bay Airport, the prohibition of any building, structure or tree that exceeds the Airport height lines within the Flight Path Overlay, is necessary. These height control lines have been developed in conjunction with the Hawke's Bay Airport Authority and relate to the minimum safety margins for aircraft approaches and take-offs.

Add the following into the 3rd paragraph PRINCIPAL REASONS FOR RULES 13.17 Height (Residential Environments)

…Conversely, the height limit is higher in the Marine Parade, Hardinge Road Character Zones and in parts of the Main Residential Zone identified in Appendix 3.

Insertions to Commercial Environments Section of the City of Napier District Plan

CHAPTER 14

Insert new issue under 14.1 - RESOURCE MANAGEMENT ISSUES 14.1.10 Pressure from Commercial Activities seeking Foreshore Locations



In Ahuriri, areas of the foreshore were traditionally in industrial use. The type of land uses that were in evidence included oil storage depots, fishing related activities, and other storage uses. In 1989 local government reorganisation vested the ownership of the land in the Council and thus gave it the opportunity to provide for some commercial activity but to limit it to uses that were beach or water related. Permitting a wide range of land uses on the foreshore would have significant adverse effects on the environment, particularly in terms of reduction in amenity and the open character of the coastal environment. The Plan provides for this limited commercial activity by means of the Foreshore Commercial Zone.

Add the following objective, policies and principal reasons for adopting objectives and policies and methods (Commercial Environments) Objective 14.11 To ensure that the Foreshore Commercial Zone at Ahuriri is retained as an area that compliments the foreshore location while preserving the character of the coastal environment. This objective relates to Issues 14.1.1; 14.1.7; 14.1.9 and 14.1.10. Policies To achieve this objective, the Council will: 14.11.1 Ensure that land uses complement the foreshore and make the best use of the location. 14.11.2 Ensure that the use of land within the zone does not give rise to adverse environmental

effects on the zone, the adjacent reserve area, or the natural character of the foreshore environment.

14.11.3 Restrict the area of foreshore land available for commercial activities to the extent of the

development that is approved at the time of notification of this Plan.

14.11.4 Ensure that buildings, signs and other structures will be designed and located to avoid, remedy, or mitigate adverse effects on the character and visual amenity of the foreshore environment.

14.11.5 Control the adverse effects of noise from land uses within the Foreshore Commercial

zone. 14.11.6 Mitigate the adverse effects of commercial development by ensuring landscaping is

provided which is consistent with the existing foreshore vegetation. 14.11.7 Ensure that land uses within the zone provide vehicle parking, loading and site access

which will mitigate any effects of traffic on the surrounding foreshore reserve. Principal Reasons for Adopting Objective and Policies The foreshore is a limited resource. There is pressure for commercial activities to increase in numbers in the foreshore locations. Some types of commercial activity are not appropriate in foreshore locations. It is necessary to manage the foreshore resource carefully and provide for land uses that have the least adverse effects on the public using the surrounding reserve or on the foreshore itself. The present commercial activities in the zone are land uses that take advantage of the foreshore location without having a detrimental effect. The Council would like to see this type of activity continuing. It is appropriate that the commercial activities continue to be beach-related and complimentary to the neighbouring Foreshore Reserve Zone. The Council considers it important to contain the commercial activities to within the present zone boundaries.



It is inappropriate to allow an increase in the amount of commercially zoned land on the foreshore as it may have a negative impact on the amenity of the area, and more of the foreshore reserve would be lost to the expansion. This area of commercial zoning allows for a compromise between development and community accessibility. It is important to maintain the amenity of this zone. The buildings in this zone are currently of a scale appropriate to the foreshore location and not out of character with the surrounding reserve. The Council recognises that the maintenance and enhancement of the amenity values of this zone will ensure that the area continues to be an important aspect of Ahuriri. Development in the zone should be limited to one compact, well defined area, to provide for commercial activities on the foreshore yet retain the openness that characterises the high visual values of the foreshore reserve. Amenity is determined by features such as the absence of signs and noise. Noise provisions will allow for the recreational nature of land uses but should not adversely affect any residentially zoned properties.

Methods

(1) District Plan Rules. (2) Physical works Reasons for Methods Rules provide certainty for both developers and the public that the high level of amenity of the adjoining foreshore reserve will not be compromised by land uses located in the foreshore commercial zone. With the high level of amenity, the use of voluntary methods would be unlikely to achieve the desired outcomes. The Council has undertaken significant physical works in the area and this has the effect of raising the level of amenity of the foreshore environment. It is hoped that this will act as an impetus for further amenity improvements in the area.

Insert the following under 14.12 ANTICIPATED ENVIRONMENTAL RESULTS (Commercial Environments)

(14) An area which has commercial activities that complement the foreshore location.

(15) A foreshore location which has a limited area of commercial development that does not inhibit the community from utilising the foreshore.

(16) An area of commercial activity which has a level of amenity characteristic of the foreshore location and features that the area provides.

(17) Maintenance and improved provision of public access to the coastal environment.

Amend/Add zone descriptions as follows (Commercial Environments)

1. Introduction

There are four five zones in the Commercial Environment, three of which are within the inner city area, one that covers the suburban shopping centres and the remaining one is a unique area on the foreshore at Ahuriri.

5. Suburban Commercial Zone

The Suburban Commercial Zone covers all of the shopping centres outside of the Inner City area such as Marewa, Tamatea, Westshore etc. ... …

7. Foreshore Commercial Zone

This is a unique zone that recognises existing commercial uses on the foreshore at Nelson Quay and Hardinge Road, Ahuriri. It is the only area within the City that



provides for commercial activity on the foreshore. It is intended that the uses should not extend to full retail as the effects on the environment would be significant. Rules of the zone stress maintenance of access to the foreshore and a high level of amenity appropriate to the foreshore environment.

Insert the following NEW chapter FORESHORE COMMERCIAL ZONE (Commercial

Environments) CHAPTER 18A

Chapter 18A FORESHORE COMMERCIAL ZONE - RULES Introduction

This chapter contains rules managing land uses in the Foreshore Commercial Zone at Ahuriri. This zone recognises the small number of commercial activities that occupy the waterfront area at Hardinge Road and Nelson Quay. The area is focused on the foreshore and is largely hospitality industries (restaurants and bars). These are the type of activities that the Council recognises as appropriate to this area as they are low key activities and would not generate the level of effects that retailing would. Commercial ventures that have a direct relationship with foreshore land uses are appropriate in this zone. Industrial activities are not appropriate because of the very high level of amenity in the zone and the surrounding reserve. All rules in this Chapter apply throughout the Foreshore Commercial Zone unless otherwise stated.

18A.1 Summary of Foreshore Commercial Zone Rules

The following is a quick reference guide that summarises the Foreshore Commercial Zone Activity Table. It is intended to be a guide only and should not be used in place of the Foreshore Commercial Zone Activity Table elsewhere in this Chapter.


Rule 18A.2 Travellers’ accommodation and hospitality activities. Permitted

Rule 18A.3 Residential activities accessory to a permitted activity. Permitted

Rule 18A.4 Tourist information facilities. Permitted

Rule 18A.5 Licensed premises. Permitted

Rule 18A.6 Scheduled sites. Permitted

Rule 18A.7 Land development (including subdivision but excluding Multi Unit Development).

Controlled

Rule 18A.8 Relocation of a building from another site. Controlled

Rule 18A.9 Places of assembly. Controlled

Rule 18A.10 The hire and sale of recreational craft, beach and water-related products and accessories.

Controlled

Rule 18A.11 Any subdivision, use or development of land referred to in rules 18A.2 to 18A.10 that does not comply with all the relevant conditions, unless




stated by a rule elsewhere in this Chapter.

Rule 18A.12(a) Residential activities not accessory to a permitted activity. Discretionary

Rule 18A.12(b) Any land use not identified as a permitted activity, a controlled activity, a restricted discretionary activity or a prohibited activity.

Discretionary

Rule 18A.13 The use, storage or disposal of radioactive material with an activity exceeding 1000 terabequerels.

Prohibited

FORESHORE COMMERCIAL ZONE – ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities.

18A.2 Travellers’ Accommodation and Hospitality Activities

1. Any traveller’s accommodation and/or hospitality activities are a permitted activity provided that they comply in all respects with the relevant conditions in the Foreshore Commercial Zone activity table and condition table.

The Council will restrict its discretion to the matters referred to in Rule 18A.11.

18A.3 Residential Activities

1. Any residential activity is a permitted activity provided that:

a) It is accessory to a permitted activity elsewhere in this Chapter.

b) It complies in all respects with the relevant conditions in the Foreshore Commercial Zone activity table and condition table.

c) For each dwelling unit, the following must be provided for the exclusive use of the occupants:

i) A separate entrance and access from the road.

ii) A notional garage space, carport or garage for at least one vehicle that complies with the tracking and maneuvering requirements set out in appendices 17 and 18

iii) A service court with the minimum dimension of 3 metres by 3 metres.

d) Service functions, i.e. washing lines, rubbish bins etc must not intrude either physically or visually onto the foreshore reserve frontage of the zone.

The Council will restrict its discretion to the matters referred to in Rule 19.11, including the following:

- The effects on the amenity of the foreshore. - The effects on the maintenance and improvement

of access to the foreshore. - The effects on public health and safety. - The effects on the amenity of the occupier. - The effects on traffic safety and efficiency.

18A.4 Tourist Information Facilities

1. Any tourist information facility is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the Foreshore Commercial Zone activity table and condition table.

b) Any retail activity is limited to the sale and offering of tourist souvenirs.

The Council will restrict its discretion to the matters referred to in Rule 19.11 including the following:

- The effects on the amenity of the foreshore. - The effects on public health and safety. - The effects on noise amenity. - The effects on traffic safety.

18A.5 Licensed Premises 1. A licensed premises is a permitted activity provided that:


The Council will restrict its discretion to the matters referred to in Rule 18A.11, including the following: - The effects on the amenity of the foreshore. - The effects on public health and safety. - The effects on noise amenity. - The effects on traffic safety.

18A.6 Scheduled Sites 1. Any existing land use on a scheduled site is a permitted activity

The Council will restrict its discretion to the matters referred to in Rule 18A.11. In addition the Council will restrict its discretion to the matters referred to in



provided that:


Chapter 55 (Scheduled Sites).

CONTROLLED ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities.

18A.7 Land Development (including Subdivision but excluding Multi Unit Development))

1. Land development including subdivision is a controlled activity provided that:

a) It complies in all respects with the standards and terms specified in Chapter 66 of this Plan.

b) It complies in all respects with the relevant standards and terms in the Foreshore Commercial Zone Activity Table and Condition Table.

c) It is assessed according to the matters in Chapter 66 over which the Council has reserved its control.


respect of land development (including subdivision) that fully complies with the standards and terms and the application need not be notified.


18A.8 Relocation of Buildings

1. Relocation of a building from another site is a controlled activity provided that: a) It complies in all respects with the relevant conditions in the

Foreshore Commercial Zone activity table and condition table. b) A written assessment must be submitted with each application

which must:


ii) State the condition of the building and the reinstatement works needed to bring the building up to an external visual appearance that is compatible with other buildings in the vicinity.

iii) State the proposed timetable to complete external reinstatement of the building within 12 months from the date of consent.

iv) Provide clear photographs of the building in its current state. v) Provide such plans and elevations of the building as are


The Council shall exercise its control over the following: c) The design, materials and timetable of the proposed

reinstatement works. d) The imposition of any financial contributions in accordance with

Chapter 65 (Financial Contributions) of this Plan. e) The imposition of a performance bond to complete the

reinstatement of the building.

2. The written approval of affected persons will not be necessary in respect of relocated buildings and the application need not be notified.

The Council will restrict its discretion to the matters referred to in Rule 18A.11 including the following.

- The structural integrity of the building. - The imposition of a performance bond. - The timing of reinstatement works. - The effects on the built character of the


18A.9 Places of Assembly

1. A place of assembly is a controlled activity provided that:




a) It complies in all respects with the relevant conditions in the

Foreshore Commercial Zone activity table and condition table.


b) The siting and scale of the building as it effects the open character of the foreshore.

c) The design, layout and siting of carparking. d) The effects on public access. e) Landscaping.


respect of a place of assembly that fully complies with the standards and terms and the application need not be notified.

18A.10 Hire and Sale of Recreational Craft, Beach and Water

Related Products and Accessories 1. Any hire and/or sale of recreational craft, beach and water related

products and accessories is a controlled activity provided that:


The Council shall exercise its control over the following :

b) The siting and scale of the building as it effects the open character of the foreshore.

c) The design, layout and siting of carparking.

d) The effects on public access.

e) Landscaping.


respect of the hire and/or sale of recreational craft, beach and water-related products and accessories that fully complies with the standards and terms, and the application need not be notified.

NOTE: This does not include the repair and maintenance of water related craft.


RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities

18A.11 Land Uses Not Complying With Conditions

1. Any subdivision, use or development of land referred to in rule 18A2 to 18A.10 that does not comply with all the relevant conditions in the Foreshore Commercial Zone activity table and condition table, unless specified by a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to:

- The matters identified in the second column of the Foreshore Commercial Zone activity table and/or condition table.



- The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 20 of this Plan

where applicable.


18A.12 Discretionary Activities




a) Residential activities not accessory to a use that has been given

approval by the Council. b) Any land use not otherwise specified as a permitted activity, a

controlled activity, a restricted discretionary activity or a prohibited activity within this Chapter.


18A.13 Prohibited Activities 1. The following land uses are prohibited activities for which no


a) The use, storage, or disposal of radioactive material with an activity exceeding 1000 terabequerels.

FORESHORE COMMERCIAL ZONE – CONDITION TABLE


Matters over which Council has restricted its discretion

18A.14 3Height 1. The following maximum height conditions shall apply to all land



b) Any part of a building, structure or tree shall not exceed the

Airport Height Control Designation shown in Appendix 7.

c) Provided that:

i) Where there is conflict between any of the height control lines or limits, the lowest height must prevail.

ii) Where the Airport Height Designation prevails in accordance

with Rule 18A.14.1(b) any application for a building consent must be accompanied by a registered surveyor’s certificate verifying that the building plans meet the Airport Height Control Designation shown in Appendix 7.

iii) Where the airport height restriction prevails in accordance

with Rule 18A.14.1(b) prior to a person requesting a Certificate of Compliance, a registered surveyor’s certificate must be supplied, verifying compliance with the Airport Height Control Designation shown in Appendix 7.

d) Height must be measured using the rolling height method.

Matters: - The effect on the scale of the development on the foreshore. - The effect on the open character of the foreshore. - The effects of shading on adjacent properties. - The effects on public view shafts.

18A.154 Height in Relation to Boundary 1. The following height in relation to boundary conditions shall apply to

all land uses:

a) All buildings and structures must be contained within a building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 5 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

Matters: - The effects of shading on adjoining buildings. - The effects of shading on the foreshore reserve.



b) Provided that in relation to multi-unit development, the building

envelope must be constructed by drawing planes along all parts of all building site boundaries and must commence at the building site boundary.

c) No account shall be taken of aerials, lines, support structures,

solar heating devices, air conditioning units and similar structures housing electronic or mechanical equipment or chimneys, no more than 1 metre wide in any horizontal direction and less than 2.5 metres in height beyond the building envelope.

18A.165 Site Coverage 1. The following site coverage condition shall apply to all land uses:

a) The maximum site coverage (measured from gross building area) is 80% of the net site area.

Matters: - The effects on the amenity of the foreshore

environment. - The effects on the scale of development on the

foreshore. - The effect on the open character of the foreshore

environment. - The effects on infrastructure.

18A.176 Landscaping 1. The following landscaping condition shall apply to all land uses

within the zone:

a) All vehicle parking areas located between a building and the road frontage must be screened with planted landscaped areas a minimum of 2 metres in width, which incorporate an irrigation system. The landscaping in this area should incorporate feature and characteristics of the coastal environment.

Matters: - The position of the landscaping. - The effects on the amenity of the foreshore

environment.

18A.187 Verandas 1. The following condition shall apply where a new veranda is

proposed or where an existing veranda is to be altered or modified:

a) Each veranda must be:

i) Suspended from the building. ii) Not less than 3 metres above the footpath. iii) Related to verandas on adjoining sites. iv) Continuous to provide weather protection along the road

frontage of each site. v) Not less than 450mm clear of the kerb line.

Matters: - The effects on pedestrian and road safety. - The effects on amenity values.

18A.198 Refuse Storage 1. The following refuse storage conditions shall apply to all land uses:

a) A minimum area of 10m2 must be provided on every site for the temporary storage of trade refuse. This must be screened from the public view and where possible located to the rear of the site.

b) The area must be secured so as not to provide a food source for

birds or vermin.

Matters: - The physical location of the storage area. - The effects on amenity values.

18A.2019Screening of Storage Areas 1. The following screening of storage areas condition shall apply to all

land uses:

a) Storage areas which adjoin a residential or open space environment must be screened from view by a fence not less than 1.8 metres high.

Matters: - The effect on amenity values. - The effects on adjoining properties.



18A.21 0Noise 1. The following noise conditions shall apply to all land uses, other


a) All land uses within the zone must be conducted so as not to exceed the following noise limits at any point beyond the site boundary: On any day 0700 hours to 2200 hours L10 65 dBA 2200 hours to 0700 hours the following day L10 45 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA

b) Provided that at any point within any residential zone the following noise limits must not be exceeded: On any day 0700 hours to 2200 hours L10 55 dBA 2200 hours to 0700 hours the following day L10 45 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA

c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

1. The following noise conditions shall apply to all land uses, other

than those exempted in Rule 57.9 a) The following noise limits must not be exceeded at any point

beyond the site boundary:

Control Hours Noise Level 0700 to 2200 hours 60 dB LAeq (15 min) 2200 to 0700 hours the following day 50 dB LAeq (15 min) 2200 to 0700 hours the following day 80 dB LAFmax

b) Provided that, at any point within any Residential Environment, the following noise limits must not be exceeded:


c) All land uses must comply in all respects with the relevant

conditions in Chapter 57 (Noise) of this Plan. d) The following minimum External Sound Insulation Level

standards shall apply to all habitable rooms within any noise sensitive activity (including the addition or alteration of a habitable room which exceeds 10% of the existing gross floor area):

(i) The habitable room within the noise sensitive activity

shall achieve a minimum External Sound Insulation Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.

(ii) Where it is necessary to have windows closed to

achieve the acoustic design requirements, an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room.

(iii) An acoustic design report must be provided to the

Council prior to any building consent being granted or

Matters: - The effects on public health and wellbeing. - The maximum noise likely to be generated. - The nature and frequency of the noise including

any special audible characteristics. - The compatibility within the neighbourhood. - The effects of noise on amenity values. - The length of time for which specified noise levels

is exceeded especially at night. - The likely adverse effects on-site and beyond the

site. - The mitigation measures to reduce noise

generation.



where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.

iv) Prior to any person requesting a Certificate of

Compliance, an acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.

18A.221 Light Spill 1. The following light spill conditions shall apply to all land uses other


a) Between the hours of 2200 and 0700 the following day, any outdoor lighting must not cause an added illuminance in excess of 15 lux, measured horizontally or vertically as an average (at a height of 1.5 metres above ground level) at any point beyond the zone boundary.

b) Between the hours of 2200 and 0700 the following day, any

outdoor lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space in a building used for a residential activity).

c) Where the measurement of any added illuminance cannot be

made because any person refuses to turn off outdoor lighting, measurements may be made in locations which the Council considers is of a similar nature which are not affected by such outdoor lighting. Those measurements may be used to determine the added illuminance, if any, of the subject lighting.

d) The outdoor lighting must be so selected, located aimed,

adjusted, screened and maintained to ensure that glare resulting from the lighting does not cause a significant level of discomfort to any occupants of residential activities, or a significant traffic hazard to aircraft or vehicles on any road.


frequency of any light. - The effects on traffic safety. - The positive effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety and wellbeing of

people.

18A.23 2Vibration

1. The following vibration conditions shall apply to all land uses:

a) Land uses must not generate a vibration that causes a significant adverse effect to any adjacent land use.

Matters: - The effect on public health and safety. - The effects on the structural integrity of adjoining

buildings and facilities. - The effect on amenity values.

18A.24 3Fences 1. The following fencing conditions shall apply to all land uses:

a) Any fence erected within front, side and rear yards must not

exceed 2 metres in height.

Matters: - The availability of daylight to adjoining properties. - The effects on the privacy of adjoining properties

and occupiers. - The scale and bulk of the building in relation to

the site. - The effects on amenity values.

18A.25 4Aerials, Lines and Support Structures 1. The following conditions shall apply to all aerials, lines and support





a) Aerials, lines and/or support structures must not exceed the Airport Height Control Designation in Appendix 7.

b) Aerials, lines and/or support structures must not exceed 15

metres in height.

c) Where there is conflict between any of the height control lines or limits in (a) and (b) above, the lowest height must prevail.

d) Dish antenna must not exceed 5 metres in diameter. e) Where an aerial, line or support structure exceeds 7 metres in

height above the point of its attachment or base support, it must also comply with the following conditions: i) The distance from the centre to the furthest element tip must

not exceed 7.5 metres in a horizontal direction. ii) There must be no more than one such structure on the site.

f) The aerial, line and/or support structure must comply with the conditions relating to yards and height in relation to boundary in the Foreshore Commercial Zone condition table.

supporting structures. - The effects of shading. - The extent to which heritage or cultural values are

affected. - The cumulative effect of additional aerials, lines

and/or support structures. - The prominence of the site taking into account



18A.25 Earthworks



18A.26 Heritage 1. The relevant provisions of Chapter 56 (Heritage) of this Plan must

be complied with.


18A.27 Signs 1. The relevant provisions of Chapter 58 (Signs) of this Plan must be

complied with.


18A.28 Trees 1. The relevant provisions of Chapter 60 (Trees) of this Plan must be

complied with.


18A.29 Transport

1. The relevant provisions of Chapter 61 (Transport) of this Plan must be complied with.


18A.30 Natural Hazards 1. The relevant provisions of Chapter 62 (Natural Hazards) of this Plan



18A.31 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface of



18A.312Hazardous Substances 1. The relevant provisions of Chapter 63 (Hazardous Substances) of


Matters: Refer to Chapter 63 (Hazardous Substances) of this Plan.

18A.323 Contaminated Sites 1. The relevant provisions of Chapter 64 (Contaminated Sites) of this


Matters Refer to Chapter 64 (Contaminated Sites) of this Plan.



18A.334Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of



18A.345 Code of Practice for Subdivision and Land Development 1. The relevant provisions of Chapter 66 (Code of Practice for



CHAPTER 20

Insert the following into ASSESSMENT CRITERIA - 3. Industrial Activities (Commercial Environments) between k) and n)

Access to the Foreshore

l) Whether the development will provide for pedestrian linkages to the foreshore. m) Whether the development will be perceived by the public as privatisation of the

foreshore area.

Insert the following NEW CRITERIA into ASSESSMENT CRITERIA - 5. Residential Development in the Foreshore Commercial Zone (Commercial Environments)

5. Residential Development in the Foreshore Commercial Zone

The Council must be satisfied that the relevant objectives and policies of this Plan will be met. In addition, the Council will consider: Access to the Foreshore

a) Whether the development will provide for pedestrian linkages to the foreshore. b) Whether the development will be perceived by the public as privatisation of the

foreshore area.

Design and External Appearance

c) Whether the design of buildings and structures maintains the open character of the foreshore environment.

d) Whether the density of development is out of scale with that of the foreshore

environment. e) Whether important public view shafts to the coast are maintained.

f) Whether the design includes internal acoustic measures that allow for uninterrupted

sleep, taking into account the noise provisions for the zone.

Infrastructure

g) Whether the existing services on-site and adjacent to the site can meet the needs of the new development.



Where the existing infrastructure cannot sustain the new development, the proposal must provide a satisfactory alternative level of mitigation.

CHAPTER 21

Insert the following at the end of the 3rd paragraph - PRINCIPAL REASONS FOR RULES (Commercial Zones) 21.2 Land Uses Generally

…Similarly the Foreshore Commercial Zone is a sensitive environment and a limited resource, and therefore many of the land uses will require resource consent.

Insert the following at the end of principal reason for Height rule- PRINCIPAL REASONS FOR RULES (Commercial Zones)

21.10 Height

. In the Foreshore Commercial Zone, the height conditions reflect the proximity to the foreshore reserve which has a high level of amenity and is a much used recreation space.

Insertions Industrial Environments Section of the City of Napier District Plan

CHAPTER 22

Amend the following under 22.1 SIGNIFICANT RESOURCE MANAGEMENT ISSUES for Industrial Environments

Amend 22.1.1 by adding to the end of the 2nd paragraph.

…The unique nature of Ahuriri is reflected in the character of the West Quay Waterfront and the Marine Industrial zones. The Marine Industrial Zone recognises the limited availability and accessibility of inner harbour foreshore for marine-related industries.

Amend and insert the following under Objective 22.2 for Industrial Environments

Amend Policy 22.2.1 22.2.1 Continue to zone the Ahuriri, Pandora, Onekawa, Awatoto, and Port of Napier areas for

industrial activities. Amend Principal Reasons for Adopting Objective and Policies

Principal Reasons for Adopting Objective and Policies Ahuriri, Pandora, Onekawa, Awatoto and the Port of Napier have traditionally been utilised for industrial activity purposes. ...

Amend and insert the following under Objective 22.3 for Industrial Environments Add the following Policy

22.3.9 Control the scale, bulk and location of buildings in Ahuriri’s special character industrial areas.



Add the following to the end of 3rd paragraph - Principal Reasons for Adopting Objectives

and Policies

….However, in Ahuriri’s industrial areas, a mix of uses contributes to its special character together with building bulk and location. This mix and scale of development will be encouraged by the Council in addition to the use of regulatory methods.

insert the following ANTICIPATED ENVIRONMENTAL RESULTS under 22.5 for Industrial Environments

(13) The retention of existing buildings and their architectural features in the West Quay

Waterfront Zone.

Amend and insert the following under 22.6 ZONE DESCRIPTIONS for Industrial Environments 22.6.1 Introduction

There are five industrial zones: Main Industrial, West Quay Waterfront, Marine Industrial, Port Industrial and Suburban Industrial. These zones are described in more detail below. In addition to the above zones, there is ...and two advocacy areas. New 3rd paragraph The Iron Pot and Ahuriri Advocacy Areas have underlying industrial zone provisions and are intended to highlight these areas’ historic character.

Insert the following new zone descriptions 22.6.8 West Quay Waterfront Zone

The West Quay Waterfront Zone applies to those sites bounded by West Quay to the west, Customs Quay in the north, Bridge Street to the east and the southern facade of the Wrightson Woolstore. Being bounded by numerous road and rail corridors, the zone is well serviced and access is easily achieved, proving popular for motorists and pedestrians alike. Existing industrial activity within the zone is largely limited to storage and engineering related processing. Many of the industrial buildings, that are no longer used for their original purpose (ie: wool sheds) have been successfully redeveloped into a variety of uses, including restaurants and recreational facilities. The unique built character of this historic industrial waterfront location contributes significantly to the character of Ahuriri and has been retained through careful redevelopment. Thus, careful management of the historic buildings and the West Quay precinct is required to maintain its unique character.

22.6.10 Marine Industrial Zone This zone is located on the northern shores of the Inner Harbour. Given the limited availability of industrial land having access to the foreshore, this area has been identified to ensure that marine-related industry retains access to the foreshore, whilst any adverse effects on the character of the foreshore are avoided, remedied or mitigated. The Marine Industrial Zone is in relatively close proximity to the residentially zoned land of Westshore. Industrial activities, including boat building and repairs occurring in this zone



have the potential to affect the neighbouring residents as well as the estuarine environment.

CHAPTER 26 (new)

Insert the following NEW Chapter 26 - WEST QUAY WATERFRONT ZONE into the Industrial Environments Section of the District Plan Chapter 26 WEST QUAY WATERFRONT ZONE Introduction

This chapter contains rules managing land uses in the West Quay Waterfront Zone. The boundaries of this zone are shown on the planning maps. All rules apply throughout the West Quay Waterfront Zone unless otherwise stated.

26.1 Summary of West Quay Waterfront Zone Rules

The following is a quick reference guide that summarises the West Quay Waterfront Zone Activity Table and Condition Table. It is intended as a guide only and must not be used in place of the West Quay Waterfront Zone Activity Table and Condition Table elsewhere in this Chapter.


Rule 26.2 Any land use not stated by a rule as a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity elsewhere in this Plan and it must comply with all the relevant conditions.

Permitted

Rule 26.3 Industrial activities. Permitted

Rule 26.4 Commercial activities. Permitted









Rule 26.13 Land development (including subdivision and Multi Unit Development). Controlled

Rule 26.14 Licensed premises. Controlled



Rule 26.16(a) Alteration or demolition of any building (includes relocation of a building). Discretionary

Rule 26.16(b) Places of assembly. Discretionary

Rule 26.16(c) Health care centres with three or more health care providers. Discretionary



Rule 26.16(d) A supplementary unit that does not comply with all of the relevant conditions.

Discretionary

Rule 26.16(e) Any business of prostitution. Discretionary

Rule 26.16(f) Service stations and transport depots. Discretionary

Rule 26.16(g) Camping grounds. Discretionary

Rule 26.16(h) Use of explosives, other than for temporary military training purposes. Discretionary

Rule 26.17 Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

WEST QUAY WATERFRONT ZONE – ACTIVITY TABLE


26.2 Land Uses Generally

1. Any land use is a permitted activity provided that:

a) It must comply in all respects with the relevant conditions in the West Quay Waterfront Zone activity table and condition table.

b) It is not stated by a rule elsewhere in this Plan as a controlled activity, a restricted discretionary activity, a discretionary activity or a prohibited activity.


26.3 Industrial Activities

1. Any industrial activity is a permitted activity provided that:



2. Any storage of tyres is a permitted activity provided that:

a) The activity is ancillary to another activity on the site; b) The tyres must be stored in a single storage area that is

either inside a building or at least 10m from the front boundary of the site;

c) The storage area must not exceed 10m2 and must have a maximum dimension of 4m;

d) Tyres must not be stored above a height of 1.5m; e) Outdoor storage areas must be screened from all public

spaces and adjoining sites; f) The storage area must be locked at all times when the

premises is not in use.


NOTE: Any storage of tyres activity that does not comply with all of the relevant conditions is a discretionary activity (see Rule26.16).

26.4 Commercial Activities

1. Any commercial activity is a permitted activity provided that:

a) It must be confined to the sites in the block bounded by Customs Quay, and Lever Street, Bridge Street and West Quay, except that travellers’ accommodation and office accommodation are permitted throughout the zone.

b) That any area used for retailing and or office accommodation


- The effects on traffic and pedestrian safety. - The effects on amenity values. - The effects on the character of the area. - The efficient provision of carparking areas. - The need for traffic control, including signs,

signals, and traffic islands. - The effects on the heritage values of the Inner



must not exceed 100m2 per certificate of title, or where titles are tied under Section 37 of the Building Act 1991, the retailing area must not exceed 100m2.

c) That vehicle parking must be provided in accordance with Chapter 61 of this Plan and shall be located to the rear of the site.

d) It must comply in all respects with the relevant conditions in the West Quay Waterfront Zone activity table and condition table.

e) It is not stated by a rule elsewhere in this Plan as a controlled activity, a restricted discretionary activity, a discretionary activity or a prohibited activity.

City art deco resource.

26.5 Residential Activities 1. Any residential activity is a permitted activity provided that:


b) It is not stated by a rule elsewhere in this Plan as a controlled

activity, a restricted discretionary activity, a discretionary activity or a prohibited activity.

The Council will restrict its discretion to the matters referred to in Rule 26.15, including the following: - The effects on the character of the area. - The effects on public health and safety. - The effects on amenity values. - The effects on traffic safety. - The type, frequency and timing of traffic.

26.6 Home Occupation 1. A home occupation is a permitted activity provided that:

a) Not more than one full time equivalent job is created for a

person(s) residing outside the dwelling unit. b) At all times, the home occupation must remain incidental and


c) The area of the home occupation must not exceed 30% of the

gross floor area of the dwelling unit. d) Any external storage associated with the home occupation must

be screened from view of any adjacent sites and public open places.


an alternative notional garage for the vehicle and an additional vehicle parking space must be provided for elsewhere on the site. The notional garage must comply with all the relevant access and manoeuvring conditions in Chapter 61 (Transport) of this Plan.

f) No retailing of goods will occur from the site except for items

produced on the site or fruit, vegetables or other natural products grown on the property and must be limited to 20% of the gross floor area of buildings on the site.


exceed a daily average of 20 vehicle trips to the site and must not attract pedestrian or vehicular traffic between 2200 hours and 0700 hours the following day.

h) No objectionable odours must be produced that are able to be

detected beyond the site boundary. i) Any sign or combination of signs must not exceed 0.3m2 in total

area. j) The home occupation complies in all respects with the relevant

conditions in the West Quay Waterfront Zone activity table and




condition table. 26.7 Supplementary Units 1. A supplementary unit is a permitted activity provided that:


same site as one other dwelling unit. c) The gross floor area of the unit must not exceed 80m2 including

a notional garage. d) The unit need not comply with the open space and density

conditions. e) The unit must comply in all other respects with the relevant

conditions in the West Quay Waterfront Zone Activity Table and Condition Table.

NOTE: A supplementary unit that does not comply in all respects with the relevant conditions is a discretionary activity. Refer to Rule 26.16.1(d).


a) The facility must not cater for in excess of 10 residents,

excluding staff. b) Any outdoor storage associated with the residential care facility

must be screened from view of any adjacent sites and public open places.

c) Any sign or combination of signs must not exceed 0.3m2 in total

area. d) The facility complies in all respects with the relevant conditions

in the West Quay Waterfront Zone activity table and condition table.



a) The centre must not cater for in excess of 10 students,

excluding staff. b) Any sign or combination of signs must not exceed 0.3m2 in total

area. c) Any outdoor storage associated with the day care centre must

be screened from view of any adjacent sites and public open spaces.

d) One day care centre loading space must be provided on the

site. e) The centre complies in all respects with the relevant conditions

in the West Quay Waterfront Zone activity table and condition table.



a) The travellers’ accommodation must not cater for in excess of 5

guests, excluding staff and/or family. b) Any outdoor storage area associated with the traveller’s

accommodation must be screened from view of any adjacent




sites and public open places. c) The accommodation complies in all respects with the relevant

conditions in the West Quay Waterfront Zone activity table and condition table.


a) The facility must not cater for in excess of 10 students. b) Any sign or combination of signs must not exceed 0.3m2 in total

area. c) Any outdoor storage associated with the education facility must


d) The facility must comply in all respects with the relevant

conditions in the West Quay Waterfront Zone activity table and condition table



provided that:

a) It must comply in all respects with the rules in Chapter 55 (Scheduled Sites).




26.13 Land Development (Including Subdivision and Multi Unit Development)

1. Land development, including subdivision is a controlled activity

provided that: a) It must comply in all respects with the standards and terms

specified in Chapter 66 of this Plan. b) it must comply in all respects with the standards and terms in

the West Quay Waterfront Zone Activity Table and Condition Table.



respect of land development (including subdivision) that fully complies with the standards and terms, and the application need not be notified.

The Council will exercise its discretion over the assessment criteria specified in Chapter 66 (Code of Practice for Subdivision and Land Development) of this Plan.

26.14 Licensed Premises 1. A licensed premises is a controlled activity provided that:

a) They comply in all respects with the relevant conditions stated

elsewhere in the West Quay Waterfront Zone activity table and condition table.

The Council shall exercise its control over the following: b) The hours of operation.


respect of licensed premises that fully comply with the standards and terms and the application need not be notified.




RESTRICTED DISCRETIONARY ACTIVITIES


26.15 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules

26.2 to 26.14 that does not comply with all of the relevant conditions in the West Quay Waterfront Zone activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The matters identified in the second column of the

West Quay Waterfront Zone activity table and/or condition table.




where applicable.




a) Alteration or demolition of any building (including relocation of a

building). b) Places of assembly. c) Health care centres with three or more health care providers. d) A supplementary unit that does not comply in all respects with

all the relevant conditions in the West Quay Waterfront Zone activity table and condition table.

e) Any business of prostitution (including those that do not comply

with all of the relevant conditions as a Home Occupation). f) Service stations and/or transport depots. g) Camping grounds. h) Use of explosives, other than for temporary military training

purposes. g) Any multi-unit development which does not comply with any of

the District Plan standards and terms including the provisions of the Code of Practice for Subdivision and Land Development, other than driveway widths.





WEST QUAY WATERFRONT ZONE – CONDITION TABLE






a) Zero lot lines must be provided for all sites throughout the zone

with the exception of the site boundaries adjoining Tn Sec 767. b) Any part of a building must not be erected closer than 3 metres

within the zone boundary adjoining Tn Sec 767. c) A 2 metre yard must be provided on either side of the boundary

between Lots 1 and 2 DP 23010 that abut between the Nissho Roberts and New Zealand Shipping Company buildings on West Quay. Explanation This will provide important pedestrian access to possible carparking areas and will maintain the significant facades of the Nissho Roberts and New Zealand Shipping Company buildings.

Matters: - The effects on heritage values of buildings. - The effects on the interface between buildings

and the road. - The effects on pedestrian and vehicle access. - The effects on the clear separation of old and new

developments.



a) The height of buildings must correspond with the building outline shown in Appendix 11 for each of the blocks Custom Quay to Lever Street and Lever Street to the South.

b) For sites within the zone where buildings are not in existence as

at 11th November 2000, the height of new buildings must be RL 24.10 level datum.

c) Any part of a building, structure or tree must not exceed the

Airport Height Control Designation in Appendix 7.

d) Where there is conflict between any of the height control lines or limits above, the lowest height must prevail.

e) Where the Airport Height Control Designation prevails in

accordance with Rule 26.19.1(d):




f) Height must be measured using the rolling height method.


the site. - The built characteristic of the neighbourhood. - The effects of shading. - The effects on amenity values.

26.2019 Outdoor Storage 1. The following outdoor storage conditions shall apply to all land

uses: a) Outdoor storage areas or stockpiles:

i) Must be screened from the view of any adjacent residential

zone or public open place by tree plantings or a fence or hedge at least 1.8 metres high.

ii) Must not provide a food source for birds or vermin.

Matters: - The effects on the shading of adjacent sites. - The effects on the visual amenity of the area. - The effects on people’s health and safety. - The effects on surface and groundwater quality. - The effects on soil contamination.



iii) Must be located on sealed and drained areas if they consist of decomposable material likely to generate contaminated leachate.

26.210 Refuse Storage 1. The following refuse storage conditions shall apply to all industrial

and commercial activities: a) A refuse storage area must be provided that is adequate to

store the average volume of trade waste produced on-site over a one week period.

b) The refuse storage area must be screened from any adjacent

residential activity or public open place by a fence or hedge at least 1.8 metres high.

c) The refuse storage area must not provide a food source for

birds or vermin.

Matters: - The effects on the visual amenity of the area. - The effects on people’s health and safety


than those exempted in Rule 57.5: a) All land uses within the zone must be conducted so as to ensure

the following noise limits are not exceeded at any point within any other zone: On any day 0700 hours to 2200 hours L10 60 dBA 2200 hours to 0700 hours the following day Lmax 80 dBA

b) Where any industrial activity is conducted within the zone, the

noise from the industrial activity must not exceed the following noise limits at any point within any land used for a commercial activity:

On any day 0700 hours to 2200 hours L10 65 dBA 2200 hours to 0700 hours the following day Lmax 85 dBA



noise sensitive activities: a) All habitable spaces within buildings used for the noise sensitive

activity must be adequately insulated from noise arising from all other land uses within the zone.


the building to achieve a spatial average indoor design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open, unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) An acoustic design report must be provided to the Council prior

to any building consent being granted or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits stated in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits stated in this rule.


acoustic design certificate prepared by a person qualified and

Matters: - The maximum noise level likely to be generated. - The nature and frequency of the noise including


is exceeded, especially at night. - The likely adverse effects on-site and beyond the


generation.



experienced in acoustics must be supplied, verifying compliance with Rule 26.22.2 above.




Control Hours Noise Level On any day at all hours 60 dB LAeq (15 min) On any day at all hours 85 dB LAFmax




conditions in Chapter 57 (Noise) of this Plan. c) The following minimum External Sound Insulation Level







Council prior to any building consent being granted or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.



d) It will be a condition of subdivision of land (as defined in the Act)

that any consent notice issued for the purposes of Section 221



of the Act, the Council will require the Certificate of Title to be noted to the effect of the consent notice.

26.232 Light Spill 1. The following light spill condition shall apply to all land uses other


a) Between the hours of 2200 and 0700 the following day, any outdoor lighting must not cause an added illuminance in excess of 15 lux, measured horizontally or vertically as an average (at a height of 1.5 metres above ground level) at any point beyond the site boundary.








frequency of any light. - The effects on traffic safety. - The positive effects on pedestrian safety. - The effects on amenity values.


a) Land uses must not generate a vibration that causes a

significant adverse effect on any adjacent land use.

Matters: - The effects on public health. - The effects on the structural integrity of adjacent

buildings and facilities. - The effects on amenity values of the area.

26.254 Odour and Dust 1. The following odour and dust conditions shall apply to all land uses:

a) Land uses must not generate any odour or dust unless it either:

i) Complies with all the relevant provisions of the Hawke's Bay Regional Air Plan and the Hawke's Bay Regional Resource Management Plan; or

ii) Is in accordance with a discharge permit granted by the

Hawke's Bay Regional Council in respect of the generation of odour and/or dust.

Note: The discharge of contaminants (including odour and dust) onto or into air or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent approval. Contact the Hawke’s Bay Regional Council for advice.

Matters: - The effects of the land use in relation to the

generation of odour and dust.

26.265 Stormwater Runoff 1. The following stormwater runoff conditions shall apply to all

industrial and commercial activities:

a) All sites must be drained in a manner to ensure that stormwater generated on the site is unable to directly enter via surface runoff the following water courses:

Inner Harbour

Matters: - The effects on water quality. - The effects on ecosystems of the Inner Harbour.



b) Where a site is used for an industrial activity or a commercial

activity that was not in existence as at 11th November 2000, interceptor traps must be used to remove sediment, floating debris and oil products from all stormwater collected from the site including general yards and storage areas prior to its discharge to the Napier City Council reticulated stormwater system or private discharges to any of the above watercourses.

Note: The discharge of stormwater to land and/or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent. Contact the Hawke’s Bay Regional Council for advice. The discharge of stormwater into the public stormwater network is regulated by the Stormwater Bylaw 2012. 26.276 Aerials, Lines and Support Structures 1. The following conditions shall apply to all aerials, lines and support

structures other than for the purposes of a network utility operation: a) Aerials, lines and/or support structures must not exceed the

Airport Height Control Designation in Appendix 7. b) Aerials, lines and/or support structures must not exceed the

Airport height controls in Appendix 7.

c)b) Where there is conflict between any of the height control lines or limits above, the lowest height must prevail.

d)c) Where the Airport Height Control Designation prevails in





ed) Where there is conflict between any of the height control lines

or limits in (a) and (b) above, the lowest height must prevail. fe) Dish antenna must not exceed 5 metres in diameter. gf) Where an aerial, line or support structure exceeds 7 metres in



hg) The aerial, line and/or support structure must comply with the conditions relating to yards and height in relation to boundary in the West Quay Waterfront Zone condition table.







26.287 High Volume Water Using Activities 1. The following high volume water user conditions shall apply to all

land uses: a) The maximum rate of wastewater discharge to the Napier City

Council wastewater reticulation system must not exceed 0.65 litres per second per hectare of the site.

Matters: - The effects on the capacity of the Napier City

Council wastewater reticulation system and other existing discharges to that system.







be complied with.


26.30 Signs 1. The following signs conditions apply to all land uses:

a) Signs must comply with rules in Chapter 58 (Signs). b) Any sign attached to, and protrudes from, the building facade

over any road frontage must not exceed 0.3m2 in total area.



complied with.



be complied with.


26.33Natural Hazards 1. The relevant provisions of Chapter 62 (Natural Hazards) of this Plan



26.34 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface

of Water) of this Plan must be complied with.








26.367Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of



26.378Code of Practice for Subdivision and Land Development 1. The relevant provisions of Chapter 66 (Code of Practice for



CHAPTER 26A

Insert the following NEW Chapter 26A - MARINE INDUSTRIAL ZONE into the Industrial Environments Section of the District Plan



Chapter 26A MARINE INDUSTRIAL ZONE

Introduction

This chapter contains rules managing land uses in the Marine Industrial Zone. The boundaries of this zone are shown on the planning maps. All rules apply throughout the Marine Industrial Zone unless otherwise stated.

26A.1 Summary of Marine Industrial Zone Rules The following is a quick reference guide that summarises the Marine Industrial Zone Activity Table and Condition Table. It is intended as a guide only and must not be used in place of the Marine Industrial Zone Activity Table and Condition Table elsewhere in this Chapter.


Rule 26A.2 Marine industrial activities. Permitted

Rule 26A.3 Residential activities (in a caretaker-type role). Permitted

Rule 26A.4 Land development (including subdivision but excluding Multi Unit Development).

Controlled


Rule 26A.6 Any subdivision, use or development of land referred to in Rules 27.2 to 27.5 that does not comply with all the relevant conditions, unless otherwise stated.


Rule 26A.7(a) Residential activities not accessory to a marine industrial activity. Discretionary

Rule 26A.7(b) Home occupations. Discretionary

Rule 26A.7(c) Commercial activities. Discretionary

Rule 26A.7(d) Use of explosives, other than for temporary military training purposes. Discretionary

Rule 26A.7(e) Any land use not stated by a rule elsewhere in this Chapter as a permitted activity, controlled activity, a restricted discretionary activity, or a prohibited activity.

Discretionary

Rule 26A.8 Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited.

MARINE INDUSTRIAL ZONE – ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities. 26A.2 Marine Industrial Activities 1. The maintenance, replacement and upgrading of any marine

industrial activity in existence as at 11 November 2000 is a permitted activity provided that:

a) It must comply in all respects with the relevant conditions in the

Marine Industrial Zone activity table and condition table.

2. Any new marine industrial activity is a permitted activity provided that:




a) It must comply in all respects with the relevant conditions in the Marine Industrial Zone activity table and condition table.

26A.3 Residential Activities (in a caretaking-type role) 1. Any residential activity, unless stated by a rule elsewhere in this

Plan, is a permitted activity provided that: a) It is used solely by the owner of the business premises or any

permanent employee undertaking a caretaking function and their immediate relatives.

b) It must be accessory to a marine industrial activity. c) It must comply in all respects with the relevant conditions in the

Marine Industrial Zone activity table and condition table. d) Each residential activity must provide for the exclusive use of

the occupants: i) A separate entrance and access from the road. ii) An off-road parking space, garage or carport for at least one

vehicle which complies with Appendices 17 and 18. iii) A service court with the minimum dimension of 3 metres by 3

metres. e) Service functions, e.g.: washing lines, rubbish bins etc. must not

intrude either physically or visually onto the road frontage of the zone.

f) The outlook from any window of the unit must not be obscured

by any sign erected on the building.




26A.4 Land Development (Including Subdivision but excluding Multi Unit Development)



specified in Chapter 66 of this Plan. b) It must comply in all respects with the relevant standards and

terms in the Marine Industrial Zone Activity Table and Condition Table.



respect of land development (including subdivision) that complies with the standards and terms, and the application need not be notified.


26A.5 Relocation of Buildings 1. Relocation of a building from another site is a controlled activity

provided that: a) The relocation of the building complies in all respects with the

relevant conditions stated elsewhere in the Marine Industrial Zone activity table and condition table.


which must:


- The structural integrity of the building.

- The imposition of a performance bond.

- The timing of reinstatement works.














respect of relocated buildings that fully comply with the standards and terms, and the application need not be notified.

- The effects on the built character of the surrounding area.

- The effects on amenity values.

- The effects on infrastructural services.



26A.6 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules

27.2 to 27.5 that does not comply with all of the relevant conditions in the Marine Industrial Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


- The matters identified in the second column of the Marine Industrial Zone activity table and/or condition table.




where applicable.


26A.7 Discretionary Activities 1. The following land uses are discretionary activities. A resource


a) Residential activities not accessory to a marine industrial

activity. b) Home occupations. c) Commercial activities.



d) Use of explosives, other than for temporary military training purposes.

e) Any land use not specifically stated by a rule elsewhere in this

Chapter as a permitted activity, a controlled activity, a restricted discretionary activity or a prohibited activity.


26A.8 Prohibited Activities 1. The following land uses are a prohibited activity for which no



MARINE INDUSTRIAL ZONE – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


26A.98 Yards 1. The following yard conditions shall apply to all land uses:-

a) Front Yards

i) Any part of a building must not be erected closer than 3 metres to the road frontage.

ii) A minimum of a 2 metre wide landscaped area must be

provided adjacent to the road frontage except for driveways.

b) Other Yards There is no side or rear yard condition.

Matters: - The effects on amenity values. - The scale and bulk of the building(s) in relation to

the site. - The effects on traffic and pedestrian safety.

26A.10 9Height 1. The following maximum height conditions shall apply to all land


a) Any part of a building or structure must not exceed 10 metres in height.

b) Any part of a building, structure or tree must not exceed the


c) Where there is conflict between any of the height control lines or limits above, the lowest height must prevail.

d) Where the Airport Height Control Designation prevails in








26A.110 Height in Relation to Boundary Matters:



1. The following height in relation to boundary conditions shall apply to

all land uses: a) No part of any building or structure must project beyond a

building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 7.5 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

b) Provided that:


must be constructed by drawing planes along all parts of all building site boundaries and must commence at the building site boundary.

ii) Where the site abuts an entrance strip or access lot, the

furthest boundary of the entrance strip or access lot may be deemed to be the site boundary for the purpose of applying the height in relation to boundary condition.

iii) No account will be taken of aerials, lines, support structures,


- The availability of daylight to adjacent properties. - The effects on the privacy of adjacent properties



26A.121 Site Coverage 1. The following site coverage conditions shall apply to all land uses:-

a) Site coverage (measured from gross building area) must not

exceed 75% of the net site area.


the site. - The existing built density of the neighbourhood. - The control of stormwater runoff.

26A.132 Outdoor Storage 1. The following outdoor storage conditions shall apply to all land

uses: a) Outdoor storage areas or stockpiles must:

i) Comply with the yards, height and height in relation to

boundary conditions in Rules 26A.9, 26A.10 and 26A.11. ii) Be screened from the view of any adjacent residential zone

or public open place by tree plantings or a fence or hedge at least 1.8 metres high.

iii) Not provide a food source for birds or vermin. iv) Be located on sealed and drained areas if they consist of

decomposable material likely to generate contaminated leachate.


26A.143 Refuse Storage 1. The following refuse storage conditions shall apply to all industrial




residential activity or public open space by a fence or hedge at least 1.8 metres high.





birds or vermin. 26A.154 Noise 1. The following noise conditions shall apply to all land uses, other

than those exempted in Rule 57.5: a) All land uses within the zone must be conducted so as to ensure

the following noise limits are not exceeded at any point within any residentially zoned land: Monday to Saturday inclusive 0700 hours to 2200 hours L10 55 dBA Sunday and all other times L10 45 dBA Monday to Sunday inclusive 2200 hours to 0700 hours the following day Lmax 75 dBA

b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.








conditions in Chapter 57 (Noise) of this Plan. d) The following minimum External Sound Insulation Level







Council prior to any building consent being granted or where no building consent is required, prior to the commencement of the use. The acoustic design report





generation.



must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.



26A.165 Light Spill 1. The following light spill condition shall apply to all land uses other


a) Between the hours of 2200 and 0700 the following day, any outdoor lighting must not cause an added illuminance of excess of 15 lux, measured horizontally or vertically as an average (at a height of 1.5 metres above ground level) at any point beyond the zone boundary.


outdoor lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space in a building within a residential zone).






frequency of any light. - The effects on traffic safety. - The positive effects on pedestrian safety. - The effects on amenity values.

26A.176 Vibration 1. The following vibration conditions shall apply to all land uses:





26A.187 Odour and Dust 1. The following odour and dust conditions shall apply to all land uses:





Note: The discharge of contaminants (including odour and dust) onto or into air or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent





approval. Contact the Hawke’s Bay Regional Council for advice. 26A.198 Stormwater Runoff 1. The following stormwater runoff conditions shall apply to all



Inner Harbour


activity that was not in existence as at 11th November 2000, interceptor traps must be used to remove sediment, floating debris and oil products from all stormwater collected from the site including general yards and storage areas prior to its discharge to the Napier City Council reticulated stormwater system or private discharges to any of the above watercourses.

Note: The discharge of stormwater to land and/or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent. Contact the Hawke’s Bay Regional Council for advice. The discharge of stormwater into the public stormwater network is regulated by the Stormwater Bylaw 2012.


26A.2019 Fences 1. The following fencing conditions shall apply to all land uses:

a) Any fence erected within a front, side or rear yard must not





26A.210 Aerials, Lines and Support Structures 1. The following conditions shall apply to all aerials, lines and support

structures other than for the purposes of a network utility operation: a) Aerials, lines and/or support structures must not exceed 15

metres in height. b) Aerials, lines and/or support structures must not exceed the




accordance with Rule 26A.21.1(c):




e) Dish antenna must not exceed 5 metres in diameter. f) Where an aerial, line or support structure exceeds 7 metres in











g) The aerial, line and/or support structure must comply with the conditions relating to yards and height in relation to boundary in the Marine Industrial Zone condition table.

26A.221 High Volume Water Using Activities 1. The following high volume water user conditions shall apply to all





26A.22 Earthworks




be complied with.



complied with.



complied with.


26A.26 Transport 1. The relevant provisions of Chapter 61 (Transport) of this Plan must

be complied with.

2. A landscaped area with a minimum width of 2 metres must be provided adjacent to all road and reserve boundaries except driveways where carparking areas adjoin roads or reserves.





26A.28 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



26A.289 Hazardous Substances 1. The relevant provisions of Chapter 63 (Hazardous Substances) of



26A.2930Contaminated Sites 1. The relevant provisions of Chapter 64 (Contaminated Sites) of this





26A.301 Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of






CHAPTER 31

Insert and amend the following under 31.3 ASSESSMENT CRITERIA FOR PARTICULAR LAND USES

1. Non-Industrial and Non-Commercial Activities (Main Industrial, Suburban Industrial, Marine Industrial, Port Industrial and

Wastewater Treatment zones)

Insert NEW 5. under 31.3 - ASSESSMENT CRITERIA FOR PARTICULAR LAND USES

5. Land uses within the West Quay Waterfront Zone The Council must be satisfied that the relevant objectives and policies of the Plan will be met. In addition, the Council will consider: Land Use Nature and Scale

a) Whether the impact of the scale and intensity of the land use is compatible with

surrounding land uses. b) Whether the land use will contribute to or detract from the mixed use character of

the zone. c) Whether there are any effects of a low probability, but high potential impact. d) Whether the establishment of the land use would adversely effect the efficient

use and/or development of natural and physical resources of the industrial zone or any other zone, or result in significant social or economic impacts.

e) Whether the volume of traffic likely to be attracted to the site is likely to cause

disturbance to the neighbouring land uses, the road network and traffic safety and efficiency.

Site Layout

f) Whether buildings and structures including parking and storage areas are sited in

a way or adequately screened that minimises any adverse effects on the visual and aural privacy of adjacent land uses, public open places and roads.

Carparking and Access

g) Whether the land use will avoid on-road congestion, including vehicle parking, as

a result of the ingress and egress of vehicles to and from the site. h) Whether adequate sight distances are available for vehicular and pedestrian

safety.



The Council will pay particular attention to the adequacy of accessways when the

facility is located on a rear site, as well as to the location of entry and exit points to the site, and their relationship with existing intersections, land constraints and adjacent activities. The Council will require adverse effects to be avoided, remedied or mitigated by controlling access to the road or site, by redesign of the access or roadway, or by traffic signals and the like. Sites adjacent to local roads may be unsuitable for some land uses.

Noise Mitigation Measures

i) Whether noise arising from the land use, including the congregation of people

and movement and parking of vehicles, will have an adverse effect on the amenity of the surrounding area.

The Council will require noise mitigation measures to be undertaken to protect

the aural amenity of adjacent properties and residential areas. j) Whether noise generated from industrial activities in the area will have an

adverse effect on the amenity of the residents, or people attending non-industrial or non-commercial activities, in particular, noise sensitive activities.


the aural amenity of residents and any people involved with such noise sensitive activities.

Infrastructure

k) Whether the land use can avoid, remedy or mitigate any adverse effects that it

may have on infrastructural services. Where the existing infrastructure cannot sustain new development, the proposal

must provide a satisfactory alternative or level of mitigation. This may be in the form of financial contributions.

Cumulative Effect

l) Whether the proposed land use will have an adverse cumulative effect on the

surrounding area. In assessing the appropriateness of allowing a land use to be located in an area,

consideration will be given to the presence of activities already located in the area and on the site, and their effect on the surrounding environment. Of particular concern is the cumulative adverse effect of locating a land use on a site adjacent to, or already accommodating, an activity that may currently generate traffic, noise and other adverse effects not in keeping with existing surrounding land uses.

CHAPTER 32

Insert and amend the following in Chapter 32 - PRINCIPAL REASONS FOR RULES (Industrial Environments) 32.2 Land Uses Generally Insert new 3rd and 4th paragraphs to 32.2



Some land uses require careful management in order to maintain and enhance the character and heritage values of Ahuriri’s industrial areas. The variety of land uses occurring along West Quay contributes to this character. The rules allow this blend to continue, provided the adverse effects of each respective land use are avoided, remedied or mitigated.

Unlike the other industrial zones, the Marine Industrial Zone identifies a limited range of

permitted land uses. This recognises the scarcity of industrial land throughout the City from which access to the foreshore is available. Limiting the range of uses in this zone discourages the establishment of industry not requiring access to the foreshore.

32.4 Residential Activities Insert new 2nd paragraph to 32.4 The scope for residential activities in the West Quay Waterfront Zone is less restrictive.

This recognises the historical mix of activities occurring in the zone. However, new residential units are required to protect the occupants themselves from the higher noise environment experienced within these zones of industrial and commercial activity.

32.7 Relocation of Buildings Insert new paragraph to 32.7 – between the first and second paragraphs The relocation of buildings, together with the alteration or demolition of buildings in the

West Quay Waterfront Zone has the potential to adversely affect its unique character. Accordingly, with careful management of such effects, the Council intends to retain the discretion to approve or decline such proposals.

32.8 Yards Insert new 3rd paragraph to 32.8

The specific yard requirements within the West Quay Waterfront zone serve to maintain the dominance of the southern facade of the Wrightson Woolstore Building, separating the heritage buildings from modern developments. The zero lot lines aims to ensure the interface between existing buildings and the road is maintained, together with preserving the characteristic of buildings erected up to the boundary.

32.9 Height Insert new wording at end of 3rd paragraph to 32.9 …The scale of buildings and their relationship to the road is very important in the West

Quay Waterfront Zone. To ensure this scale is retained, alteration or demolition of these buildings requires a resource consent, and any new buildings are required to comply with a specified building outline appended to this Plan.

32.10 Height in Relation to Boundary Insert new 4th paragraph to 32.10 The height in relation to boundary condition does not apply to the West Quay Waterfront

Zone. The retention of this zone’s built character and scale would be difficult to achieve if a height in relation to boundary condition was applicable.

32.18 Fences



Insert new 2nd paragraph to 32.18 In the West Quay Waterfront Zone, there is no fencing condition to ensure the

maintenance of the built character and interface that buildings in the zone have with the road and adjacent sites.

Amendments to Open Space Environments Section of the City of Napier District Plan

CHAPTER 41

Insert the following under Principal Reasons for Objectives and Policies (Open Space Environments)

Insert at the end of 2nd paragraph after 41.4.12.

…The Estuary is an open space zone where the natural values are of national significance and thus should remain in a natural state above the Pandora Road bridge. Below this point, the Estuary differs as it is the base for the Hawke’s Bay fishing fleet. There is no other alternative location for this fleet and the Council will ensure that this industry remains able to operate at a level that is consistent with present standards.

Insert the following under NEW Policy 41.5.4 under Objective 41.5 (Open Space

Environments) 41.5.4 Ensure that the land uses within the Boat Harbour Zone do not result in adverse effects on

access and/or operational procedures for the West Quay And Iron Pot working wharves.

Insert the following descriptions under 41.7 - ZONE DESCRIPTIONS (Open Space Environments) 2. Boat Harbour Zone

The Boat Harbour zone is included in the open space environment, as it is an important recreational resource. Its location at Ahuriri means it is very accessible to the public for fishing and other water related activities. It is also the location of three important water related clubs and this is appropriate as there is no real alternative location for them. It is the base for the Hawke’s Bay commercial fishing fleet, the importance of which is well recognised in this Plan.

3. Estuary Zone The Ahuriri Estuary is a natural environment of national importance.1 Its proximity to the City makes it an important recreational resource. The area below the Embankment Bridge is the main focus for recreational activity including water related sports and the much used walkway system. Above the bridge, accessibility is less apparent and there are important wildlife habitats, including the Southern Marsh and the Napier City Council Wildlife Refuge. The Estuary zone follows the base of the Poraiti hills north to Bay View.



Insert the following footnote on the same page as Estuary Zone Description.

For further information on the Ahuriri Estuary refer to the Ahuriri Estuary Management Plan, Department of Conservation.

CHAPTER 42

Insert NEW Chapter 42 - BOAT HARBOUR ZONE into Open Space Environments.

Chapter 42 BOAT HARBOUR ZONE Introduction

This chapter contains rules managing land uses in the Boat Harbour Zone. The boundaries of this zone are shown on the Planning Maps. All rules apply throughout the Boat Harbour Zone unless otherwise stated.

42.1 Summary of Boat Harbour Zone Rules The following is a quick reference guide that summarises the Boat Harbour Zone Activity

Table. It is intended to be a guide only and should not be used in place of the Boat Harbour Zone Activity Table elsewhere in this Chapter.


Rule 42.2.1(a) Water-related recreational activities. Permitted

Rule 42.2.1(b) Buildings and structures for community facilities. Permitted

Rule 42.2.1(c) The maintenance, repair, loading and unloading of water-based vessels including accessory equipment.

Permitted

Rule 42.2.1(d) Maintenance and repair of buildings and structures. Permitted

Rule 42.2.1(e) Vehicle parking areas. Permitted

Rule 42.2.1(f) Activities identified within an approved Management Plan for land under the Reserves Act 1977.

Permitted

Rule 42.3 Boat and beach related hire activities. Permitted


Rule 42.5 Land development (including subdivision but excluding Multi Unit Development)

Controlled




Rule 42.8(a) The erection of buildings and/or structures crossing the mean high water springs mark.

Discretionary

Rule 42.8(b) Recreational activities. Discretionary



Rule 42.8(c) Use of clubrooms for the purposes of a commercial activity. Discretionary

Rule 42.8(d) Premises for the sale of food and drink (including licensed premises). Discretionary

Rule 42.8(e) Any land use not specifically provided for elsewhere in this Plan as a prohibited activity, a permitted activity, a controlled activity, or a restricted discretionary activity

Discretionary

Rule 42.8(f) Any subdivision that can not comply with the minimum lot size specified in Chapter 66 of this plan

Discretionary

Rule 42.9 The use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

Rule 42.9(a) Any subdivision that can not comply with the minimum lot size specified in Chapter 66 of this plan

Non-complying

Rule 42.10(a) Commercial activities, unless stated by a rule elsewhere in this Chapter. Prohibited

Rule 42.10(b) Industrial activities, unless stated by a rule elsewhere in this Chapter. Prohibited

Rule 42.10(c) Residential activities. Prohibited

BOAT HARBOUR ZONE - ACTIVITY TABLE


42.2 Land Uses Generally 1. The following land uses are permitted activities provided that the

land use complies in all respects with the relevant conditions in the Boat Harbour Zone activity table and condition table.

a) Water related recreational activities. b) Buildings and structures for community facilities. c) The maintenance, repair, loading and unloading of water-based

vessels including accessory equipment. d) Maintenance and repair of buildings and structures. e) Vehicle parking areas. f) Activities identified within an approved Management Plan for

land under the Reserves Act 1977. Note: Refer to Chapter 62A for Activities on Surface of Water.


42.3 Boat and Beach Related Hire Activities 1. Boat and beach related hire activities are a permitted activity

provided that:

a) The land use must not include any permanent buildings. b) The land use must not be undertaken within 6 metres from any

site boundary. c) Any sign associated with the land use must be limited to one

moveable footpath sign that is removed at the end of each day.

The Council will restrict its discretion to the matters referred to in Rule 42.7, including the following: - The effects on amenity values. - The effects on public access to the foreshore. - The effects on public health and safety. - The effects on ecological values.


provided that:






42.5 Land Development, (including Subdivision but excluding Multi Unit Development)


provided that:


b) It complies in all respects with the relevant conditions in the

Boat Harbour Zone activity table and condition table. c) It is assessed according to the matters in Chapter 66 over which

the Council has reserved its control.




provided that:

a) The relocation of a building complies in all respects with the relevant conditions in the Boat Harbour Zone activity table and condition table.


which shall:









c) The design, materials and timetable of the proposed reinstatement works.

d) The imposition of any financial contributions in accordance with



respect of relocated buildings that fully comply with the standards and terms and the application need not be notified.

The Council will restrict its discretion to the matters referred to in Rule 42.7, including the following: - The structural integrity of the building. - The imposition of a performance bond. - The timing of reinstatement works. - The effects on the built character of the surrounding

area. - The effects on amenity values. - The effects on infrastructural services.



RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion to for Restricted Discretionary Activities.

42.7 Land Uses Not Complying With Conditions

1. Any subdivision, use or development of land referred to in rules 42.2 to 42.6 that does not comply with all of the relevant conditions in the Boat Harbour Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this plan is a Discretionary Non-complying Activity under Rule 42.8(f)9.1(a) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the Plan is a Discretionary Activity under Rule 42.8(f).

The Council will have regard to the relevant objectives and policies of this Plan and will restrict its discretion to: - The matters identified in the second column of the

Boat Harbour Zone activity table and/or condition table.




where applicable.




a) The erection of buildings and/or structures crossing the Mean

High Water Springs mark.

(Note: that part of the building or structure below the M.H.W.S mark is subject to the provisions of the Hawke’s Bay Regional Coastal Plan).

b) Recreational activities. c) Use of clubrooms for purposes of a commercial activity. d) Premises for the sale of food and drink (including licensed

premises).

e) Any land use not specifically provided for elsewhere in this Chapter as a prohibited activity, a permitted activity, a controlled activity, or a restricted discretionary activity.

f) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

NON-COMPLYING ACTIVITIES

42.9 Non-complying Activity

1. The following subdivisions are non-complying activities. A resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 49. The Council’s discretion is unrestricted.

a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan


42.910 Prohibited Activities



1. The following land uses are a prohibited activity for which no resource consent shall be granted:

a) The use, storage or disposal of radioactive material with an

activity exceeding 1,000 terabequerels. a) Commercial activities, unless stated by a rule elsewhere in this

Chapter. b) Industrial activities, unless stated by a rule elsewhere in this

Chapter. c) Residential activities.

BOAT HARBOUR ZONE – CONDITION TABLE



42.101 Yards 1. The following yard conditions shall apply to all land uses: a) Front Yards

i) Any part of a building must not be erected closer than 2 metres to

the road boundary. ii) Any part of a building must not be erected closer than 3 metres to

Pandora Road. b) Front Yard Landscaping

i) Front yards must be landscaped for a distance of 2 metres in width, or an equivalent area of landscaping visible from the road must be provided.

c) Other Yards

i) There is no side or rear yard requirement, except when subdividing where the building fronts onto the waters edge, provision must be made for an esplanade reserve of 20 metres (Refer to Chapter 66 the Code of Practice for Subdivision and Land Development).

Matters: - The existing streetscape and protection from road

frontage domination. - The outlook and privacy of adjoining and adjacent

properties. - The effects of shading of adjoining properties. - The effects on amenity values. - The effects on public access to the coastal marine

area. - The effects on protecting conservation values. - The effects on public well being.

42.112 Height 1. The following maximum height conditions shall apply to all land uses,

other than aerials, lines and support structures:


b) Any part of a building, structure or tree must not exceed the Airport

Height Control Designation in Appendix 7.


d) Where the Airport Height Control Designation prevails in accordance

with Rule 42.11.1(c):



registered surveyor’s certificate must be supplied, verifying compliance with the Airport Height Control Designation in







Appendix 7.

e) Height must be measured using the rolling height method. 42.123 Height in Relation to Boundary 1. The following height in relation to boundary conditions shall apply to all

land uses:

a) Any part of a building or structure must not project beyond a building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 5 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

b) Provided that:

i) The height in relation to boundary control does not apply to the

length of common wall between two or more attached buildings.

ii) Where the site abuts an entrance strip or access lot, the furthest boundary of the entrance strip or access lot may be deemed to be the site boundary for the purpose of applying the height in relation to boundary control.

iii) No account must be taken of aerials, lines, support structures,


Matters: - The availability of daylight to adjoining properties. - The effects on privacy of adjoining properties and

occupiers and users. - The effects on amenity values.




the site. - The existing built density of the area. - The effect on the open space appearance of the

area. - The control of stormwater runoff.

42.145 Landscaped Area 1. The following landscape area conditions shall apply to all land uses:

a) A 2 metre wide landscape area must be provided adjacent to all

buildings. b) The landscaping in this area must be consistent with the existing

Foreshore Reserve Zone and must incorporate an irrigation system.

Matters: - The effects on the existing natural character of the

landscape. - The effects on landscape values. - The effects on conservation values. - The effects on amenity values.

42.156 Noise 1. The following noise conditions shall apply to all land uses, other than

those exempted in Rule 57.5:

a) The following noise limits are not to be exceeded at any point beyond the site boundary, except where expressly provided for elsewhere in this Plan:

Monday to Sunday at inclusive, L10 60 dBA 2200 hours to 0700 hours the following day Lmax 85 dBA

b) The following noise limits are not to be exceeded at any point within

the residential zone, except where expressly provided for elsewhere in this Plan:

Monday to Sunday inclusive, L10 50 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA


any special audible characteristics. - The compatibility within the area. - The effects of noise on amenity values. - The length of time for which specified noise levels

are exceeded, especially at night. - The likely adverse effects on-site and beyond the


generation.



g) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

1. The following noise conditions shall apply to all land uses, other than

those exempted in Rule 57.9: a) The following noise limits are not to be exceeded at any point beyond

the site boundary, except where expressly provided for elsewhere in this Plan:


b) All land uses must comply in all respects with the relevant conditions

in Chapter 57 (Noise) of this Plan. 42.167 Light Spill 1. The following light spill conditions shall apply to all land uses other than

for the purposes of illuminating a road: a) Between the hours of 2200 and 0700 the following day, any outdoor

lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space within a building located on any other site).

b) Where the measurement of any added illuminance cannot be made

because any person refuses to turn off outdoor lighting, measurements may be made in locations which the Council considers is of a similar nature which are not affected by such outdoor lighting. Those measurements may be used to determine the added illuminance, if any, of the subject lighting.

c) The outdoor lighting must be so selected, located aimed, adjusted,

screened and maintained to ensure that glare resulting from the lighting does not cause a significant level of discomfort to any occupants of residential activities, or a significant traffic hazard to aircraft or vehicles on any road.


frequency of any light. - The effects on traffic safety. - The effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety and wellbeing of

people.

42.178 Vibration


a) Land uses must not generate any vibration that causes a significant adverse effect on any adjacent land use.


buildings and facilities. - The effect on amenity values of the residential

area.


a) Any fence erected within front, side and rear yard must not exceed 2 metres in height.



structures other than for the purposes of a network utility operation: a) Aerials, lines and/or support structures must not exceed 12 metres in

height. b) Aerials, lines and/or support structures must not exceed the Airport

Height Control Designation in Appendix 7.








limits above, the lowest height must prevail.

d) Where the Airport Height Control Designation prevails in accordance with Rule 42.19.1(c):

i) Any application for a building consent must be accompanied by a

registered surveyor’s certificate verifying that the building plans do not exceed the Airport Height control Designation in Appendix 7.



e) Dish antenna must not exceed 1.2 metres in diameter. f) Where an aerial, line or support structure exceeds 7 metres in height

above the point of its attachment or base support, it must also comply with the following conditions: i) The distance from the centre to the furthest element tip must not

exceed 7.5 metres in a horizontal direction. ii) There must be no more than one structure on the site.

g) The aerial, line and/or support structure must comply with conditions

relating to yards and height in relation to boundary specified elsewhere in the Boat Harbour Zone condition table.



42.21 Earthworks



42.202 Heritage 1. The relevant provisions of Chapter 56 (Heritage) of this Plan must be

complied with.



complied with.

Matters: Refer to Chapter 58 (Signs).


complied with.


42.235 Transport 1. The relevant provisions of Chapter 61 (Transport) of this Plan must be

compiled with.








42.258 Hazardous Substances 1. The relevant provisions of Chapter 63 (Hazardous Substances) of this





42.269 Contaminated Sites 1. The relevant provisions of Chapter 64 (Contaminated Sites) of this Plan



42.2730 Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of this



42.2831 Code of Practice for Subdivision and Land Development 1. The relevant provisions of Chapter 66 (Code of Practice for Subdivision

and Land Development) of this Plan must be complied with.


CHAPTER 43

Insert the following NEW Chapter 43 - ESTUARY ZONE into Open Space Environments.

Chapter 43 ESTUARY ZONE Introduction

This chapter contains rules managing land uses in the Estuary Zone. The boundaries of this zone are shown on the Planning Maps. All rules apply throughout the Estuary Zone unless otherwise stated.

43.1 Summary of Estuary Zone Rules The following is a quick reference guide that summarises the Estuary Zone Activity Table.

It is intended to be a guide only and should not be used in place of the Estuary Zone Activity Table elsewhere in this Chapter.


43.2.1(a) Activities identified in an Approved Management Plan under the Reserves Act 1977.

Permitted

43.2.1(b) Activities identified in an Approved Management Plan under the Conservation Act 1987.

Permitted

43.2.1(c) Passive and non-motorised water recreational activities on the surface of any water body.

Permitted

43.2.1(c) Maintenance and repair of buildings and structures. Permitted

43.2.1(d) Vehicle parking areas. Permitted

43.3 Scheduled sites. Permitted

43.4 Land development (including subdivision but excluding Multi Unit Development).

Controlled

43.5 Relocation of a building from another site. Controlled

43.6 Any subdivision, use or development of land referred to in rules 43.2 to 43.5 that does not comply with all the relevant conditions, unless stated by




a rule elsewhere in this Chapter.

43.7.1(a) The erection of buildings and/or structures crossing the M.H.W.S mark. Discretionary

43.7.1(b) Recreational activities. Discretionary

43.7.1(c) Use of clubrooms for the purposes of a commercial activity. Discretionary

43.7.1(d) Premises for the sale of food and drink (including licensed premises). Discretionary

43.7.1(e) Any land use not specifically provided for elsewhere in this Plan as a prohibited activity, a permitted activity, a controlled activity, or a restricted discretionary activity.

Discretionary

43.8.1(a) The use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

43.8.1(ba) Commercial activities (unless stated by a rule elsewhere in this Chapter). Prohibited

43.8.1(cb) Industrial activities (unless stated by a rule elsewhere in this Chapter). Prohibited

43.8.1(dc) Residential activities. Prohibited

43.8.1(ed) The use of motorised vessels above the coastal marine area boundary, (except for rescue operations and instructional purposes).

Prohibited

ESTUARY ZONE - ACTIVITY TABLE

PERMITTED ACTIVITIES Matters over which Council may exercise its discretion.

43.2 Land Uses Generally 1. The following land uses are permitted activities provided that the

land use complies in all respects with the relevant conditions in the Estuary Zone activity table and condition table:

a) Activities identified in an approved management plan under the

Reserves Act 1977. b) Activities identified in an approved management plan under the

Conservation Act 1987. c) Passive and non-motorised water recreational activities on the

surface of any water body. c) Maintenance and repair of buildings and structures. d) Vehicle parking areas.

The Council will restrict its discretion to the matters referred to in Rule 43.6


provided that:




43.4 Land Development (including Subdivision but excluding Multi Unit Development)


provided:





b) It complies in all respects with the relevant conditions in the

Estuary Zone activity table and condition table. c) It is assessed according to the matters in Chapter 66 over which

the Council has reserved its control.



provided that:

a) The relocation of a building complies in all respects with the relevant conditions in the Estuary Zone activity table and condition table.


which must:









c) The design, materials and timetable of the proposed




respect of relocated buildings that fully complies with the standards and terms and the application need not be notified.






1. Any subdivision, use or development of land referred to in rules 43.2 to 43.5 that does not comply with all of the relevant conditions in the Estuary Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


Estuary Zone activity table and/or condition table. - The cumulative effect of non-compliance with more

than one condition. - In respect of a controlled activity failing to comply

with all of the relevant conditions, those matters the



Council had reserved its control over. - The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 49 of this Plan

where applicable.




a) The erection of buildings and/or structures crossing the

M.H.W.S mark.

(Note : that part of the building or structure below the M.H.W.S mark is subject to the provisions of the Hawke’s Bay Regional Coastal Plan)

b) Recreational activities. c) Use of clubrooms for purposes of a commercial activity.

d) Premises for the sale of food and drink (including licensed

premises. e) Any land use not specifically provided for elsewhere in this

Chapter as a prohibited activity, a permitted activity, a controlled activity, or a restricted discretionary activity.




a) The use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

ba) Commercial activities (unless stated by a rule elsewhere in this

Chapter). cb) Industrial activities (unless stated by a rule elsewhere in this

Chapter). dc) Residential activities. ed) The use of motorised vessels on the surface of a water body

beyond the coastal marine area boundary, (except for rescue operations and instructional purposes).

ESTUARY ZONE – CONDITION TABLE



43.9 Yards 1. The following yard condition shall apply to all land uses:

a) Any part of a building or structure must not be erected closer than 6 metres to any site boundary.

Matters: - The existing streetscape and protection from road

frontage domination. - The effects of shading of adjoining properties. - The effects on amenity values. - The effects on public access to the coastal marine

area. - The effects on protecting conservation values.



- The effects on public well being.













Matters: - The scale and bulk of the building in relation to the

site. - The built characteristic of the neighbourhood. - The extent to which the effects of the height can be

mitigated by setbacks, planting, design or topography of the site.


43.11 Landscaped Area 1. The following landscaping conditions shall apply to all land uses:

a) A two metre wide landscape area must be provided adjacent to

all buildings. b) The landscaping in this area must be consistent with the existing

Foreshore Reserve Zone and must incorporate an irrigation system.

Matters: - The effects on the existing natural character of the

estuarine landscape. - The effects on landscape values. - The effects on conservation values. - The effects on amenity values.


than those exempted in Rule 57.9: a) The following noise limits are not to be exceeded at any point




conditions in Chapter 57 (Noise) of this Plan.

Matters: - The maximum noise level likely to be generated. - The natures and frequency of the noise including

any special audible characteristics. - The compatibility within the area. - The effects of noise on amenity values. - The length of time for which specified noise levels

are exceeded, especially at night. - The likely adverse effects on-site and beyond the


generation.


than for the purposes of illuminating a road: a) Between the hours of 2200 and 0700 the following day, any

outdoor lighting must not cause an added illuminance in excess of 10 lux, measured horizontally or vertically as an average (at any window of a habitable space within a building located on any other site).


frequency of any light. - The effects on traffic safety. - The effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety and wellbeing of

people.



b) Where the measurement of any added illuminance cannot be


c) The outdoor lighting must be so selected, located aimed,


43.14 Vibration


a) Land uses must not generate any vibration that causes a significant adverse effect on any adjacent land use.


buildings and facilities. - The effect on amenity values of the residential area.





structures other than for the purposes of a network utility operation: a) Aerials, lines and/or support structures must not exceed the 12




d) Where the Airport Height Control Designation prevaisl in







not exceed 7.5 metres in a horizontal direction. ii) There must be no more than one structure on the site.

g) The aerial, line and/or support structure must comply with

conditions relating to yards and height in relation to boundary in the Estuary Zone condition table.













be complied with.



complied with.

Matters: Refer to Chapter 58 (Signs).


complied with.



be compiled with.


















Subdivision and Land Development) must be complied with.


CHAPTER 50

Insert the following in Chapter 50 PRINCIPAL REASONS FOR RULES (Open Space Environments) 50.2 Land Uses Generally

Throughout the open space environments, the various permitted activities fit with the specialist nature of the zoning. For example, in the Boat Harbour Zone water related recreational clubs are permitted as there is a lack of alternative locations as most other water related zones contain sensitive ecosystems. In the Estuary Zone, only uses that



are identified in the reserve management plan and/or buildings that provide for non-commercial public use are permitted.

OTHER ZONES - insert new CHAPTER 50A in the Other Zones Section of the City of Napier District Plan

Insert the following NEW Chapter 50A into ‘OTHER ZONES’ section of the District Plan.

Chapter 50A MIXED USE ZONE

INTRODUCTION The Mixed Use Zone contains a diverse mix of land uses occurring north of Napier Hill in Ahuriri. The area is characterised by a mix of industrial, commercial and residential land uses. This blend has been a historical feature of Ahuriri since its early days as a port settlement. Existing industrial buildings are typically large scale, often used for warehousing and manufacturing. Scattered throughout the Mixed Use Zone are pockets of residential activities, including dwelling units. For decades, these land uses have co-existed. In recent times, pressure for redevelopment and increased expectations of residents, have threatened the continued presence of industry in this area. The Plan encourages the retention of mixed uses in the zone, and intends to provide an environment in which industry can continue to operate subject to the management of adverse environmental effects.

50A.1 SIGNIFICANT RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant in the Mixed Use Zone: 50A.1.1 The retention of a mix of activities within the zone. Ahuriri has traditionally been an area of mixed uses. This has led to an identified character

and one which is becoming increasingly popular. When the initial consultation was done for the plan review this element of Ahuriri’s character was one which the public wished to see retained. The Council considers that retention of the existing mix of activities which exists in this zone at the present time is important. The effects of retailing on heritage values and traffic safety in this area have led Council to impose rules on the scale of retailing.

50A.1.2 A noise environment which is realistic for existing industry and a range of activities. The industry which is currently undertaken in the zone has been long established and has

been operating with generally few noise complaints. There is an apprehension among these industries that new noise provisions will create an environment that will be difficult for them to operate in. It would be unfair to penalise the existing industries to create a noise environment that reflects the residential component of the area especially as the potential for residential development was provided for in the transitional district plan. The Council has therefore established noise provisions that will allow the existing industry to operate at current and reasonable levels. The Council expects any new residential



development to adopt measures to protect residents from noise levels that would be higher than those experienced in a traditional residential environment.

The Port of Napier is not located within the Ahuriri subdistrict but it is situated near residential zones within this Plan’s boundaries. It is important that the district plan allows for the efficient operation of the port, while ensuring any adverse effects on surrounding residential zones and the environment are avoided, remedied or mitigated. While provisions in the City of Napier District Plan manage the operational requirements of the Port of Napier, its effects do extend into areas of land within the Ahuriri subdistrict. In the case of noise it is recognised that despite making all reasonable attempts to internalise noise emanating from within the Port Industrial Zone and adjacent coastal marine area, land uses within the Port may at times generate a level of noise outside its zone boundary greater than would otherwise be expected in adjacent zones. For this reason the effects of noise emitted by the Port will be managed by a combination of controls, including district plan rules and the use of a noise management plan and acoustic insulation of new noise sensitive activities and new additions and alterations involving the addition of a habitable space to existing noise sensitive activities, in nearby residential areas. Residents overlooking or near to the Port of Napier should be aware that the level of effects will not be the same as experienced in other residential areas of the City. Special noise standards and a noise management plan are appropriate, permitting the port to operate while recognising its adverse effects on nearby noise sensitive activities.

50A.1.3 Preservation of the heritage elements which characterise Ahuriri. The mixed use zone is representative of some of the earlier industrial activities that

located in Ahuriri. It is important in heritage terms that the range of activities provided for in this zone continues and that the character of these activities is little altered. As an example the Council would not like to see widespread retailing in this area. The scale of the buildings is also an important element in the consideration of heritage values with the woolstores and Rothman’s buildings dominating the area. Scattered among the industries are numerous small cottages and bungalows which date back to the earlier part of this century and the Council encourages their preservation.

50A.1.4 Management of traffic within Ahuriri to provide a safe and efficient component of

the city’s traffic network. Where there is a mix of activities there is an increased potential for traffic conflict arising.

Many of the industries rely on heavy vehicle transportation and they have become used to low traffic environments. This combined with building developments which do not have adequate on-site loading areas and narrow roads mean that there are often vehicles occupying the road that impinge on the free passage of traffic. The Council has established a road hierarchy to encourage through traffic to keep off the local roads and provisions are included in the plan to ensure that any new development provides for on-site loading areas.

50A.1.5 Deciding on the appropriate level of amenity to be met by new development. The issue of amenity is often subjective in nature. There is even more of a difficulty when

there is a range of activities to be provided for and each may have intrinsic amenity values attached. In this instance where a range of activities is provided for it would be unrealistic to expect industrial activities to adhere to amenity provisions that relate to residential values. The Council therefore expects the level of amenity in this zone to reflect that which exists at the present time with provision for general tidiness and the prevention of nuisance elements. In the event of new residential development the level of amenity to be



provided should be different to that of West Quay or Hardinge Road where there are smaller sites. The size of sites means that there is no reason why residential activities should not meet the same provisions as in a solely residential zone.

50A.1.6 Recognise the relationship of the Maori people with the natural and physical

resources. The Resource Management Act states that the principles of the Treaty of Waitangi shall be taken into account when managing resources. Hapu/iwi concepts present a different view of managing natural and physical resources. Particular features of natural and physical resources hold significance for tangata whenua. The recognition and identification of specific sites and precincts will ensure that this significance is respected. By acknowledging ancestral relationships with the land and natural world, a basis can be constructed for addressing modern forms of activities. To achieve this and the Treaty of Waitangi principles of consultation, partnership and a shared responsibility for decision making will be undertaken by Council.

OBJECTIVES, POLICIES AND METHODS

Objective 50A.2 To maintain an environment in which the reasonable effects of existing industry are recognised. This objective relates to Issues 50A.1.1, 50A.1.2, 50A.1.3, 50A.1.5

Policies

To achieve this objective the Council will: 50A.2.1 Set standards that recognise realistic operational requirements of existing industry. 50A.2.2 Require incoming activities to take into account the effects of existing industry. Method (1) Rules in the District Plan. Principal Reasons for Adopting Objectives and Policies While acknowledging that encouragement will be given to a mix of activities the Council wishes to acknowledge the rights of existing industry by setting realistic performance standards which reflect the nature of their operations within acceptable environmental limits. Objective 50A.3 To ensure that the existing industrial/mix character of Ahuriri is retained. This objective relates to Issues 50A.1.1, 50A.1.2, 50A.1.3, 50A.1.5

Policies

To achieve this objective the Council will: 50A.3.1 Encourage the mix of activities which contribute to Ahuriri’s special character.



50A.3.2 Limit retailing to retain the existing amenity of the mixed use area. 50A.3.3 Encourage new industry with significant effects to locate in established industrial zones. 50A.3.4 Ensure that the scale of any new industry is not inconsistent with that of existing industry. Method (1) Rules in the District Plan. Principal Reasons for Adopting Objectives and Policies During the public consultation phase of plan preparation responses received gave a clear message to Council that the mix of activities was part of the Character of Ahuriri and should be retained. Unrestrained commercial retail activity in this area would have the effect of significantly altering the identified character of Ahuriri. Objective 50A.4 To maintain the existing noise environment in the mixed use zone. This objective relates to Issue 50A.1.2 Policies

To meet this objective the Council will: 50A.4.1 Set noise standards that recognise the level of effects from existing industry within the

area. 50A.4.2 Avoid conflict between residential and industrial activities by recognising that noise levels

will be higher than those normally experienced in residential areas. 50A.4.3 Manage the adverse effects of Port noise by a combination of controls, including district

plan rules on noise generation within the Port area, a port noise management plan and acoustic insulation of new noise sensitive activities and new additions and alterations involving the addition of a habitable space to existing noise sensitive activities, in nearby residential areas.

Method

(1) Rules in the District Plan. Principal Reasons for Adopting Objectives and Policies Background noise level studies have been undertaken to determine the operating levels of existing industry in Ahuriri. The Council has used these studies to set appropriate standards which reflect an environment where the desired mix of activities can take place. It is Council’s opinion that residents who wish to reside in the mixed uses zone will have to accept a higher level of noise than may be experienced in traditional residential zones however there is some protection given to the residential component by limiting the hours of the higher noise limits. The Port of Napier is of high regional importance, it is situated near residential zones, and it operates 24 hours, 7 days a week. It is important that the Port Industrial Zone (within the City of Napier District Plan) allows for the efficient operation of the port, while avoiding, remedying or mitigating any adverse effects on surrounding residential zones, and the environment. Noise from the Port of Napier is generated by a wide range of activities and for the purpose of this Plan includes all noise generated on land as well as ships at berth and activities on wharves. The Port of Napier may at times generate a level of noise outside its zone boundary greater than would otherwise be expected in adjacent zones, despite making all



reasonable attempts to internalise noise emanating from within the Port Industrial Zone. For this reason, the effects of noise emitted by the Port will be managed by a combination of controls, including district plan rules on noise generation within the Port area, a noise management plan and acoustic insulation of new noise sensitive activities and new additions and alterations involving the addition of a habitable space to existing noise sensitive activities, in nearby residential areas. Residents overlooking or near to the Port of Napier should be aware that the level of effects will not be the same as experienced in other residential areas of the City. Objective 50A.5 To maintain and enhance the areas of special character and heritage in the Port Ahuriri area. This objective relates to Issues 50A.1.1, 50A.1.3, 50A.1.6 Policies To achieve this objective the Council will: 50A.5.1 Identify and encourage the retention of the elements which make up the special character

of Ahuriri. 50A.5.2 Encourage the retention of identified buildings with heritage significance. 50A.5.3 Ensure that future development is of the same or similar intensity and scale. 50A.5.4. Identify historical, archaeological and Maori sites and recognise appropriate

responsibilities for these. Methods (1) Heritage Study. Design Guides. (2) Rules in the District Plan. Principal Reasons for Adopting Objectives and Policies The maritime influence on the heritage resource within the area is unquestioned. The Council wishes to retain this link with the past through the retention of important buildings and groups of buildings. The area is dominated by a series of old warehouses which have both architectural presence and historical links to the port. The design guide will help to reinforce the importance of the existing buildings and encourage developers to incorporate these elements in any new building design. The Council has identified cultural and heritage sites so that the importance of the sites and their meaning and obligations are clearly understood by landowners. Objective 50A.6 To provide an efficient traffic network that meets the needs of the community and does not have significant adverse effects. This objective relates to Issue 50A.1.4

Policies

To achieve this objective the Council will: 50A.6.1 Minimise the effects of the traffic network through mitigation measures such as

landscaping and traffic safety design. 50A.6.2 Mitigate the effects of traffic noise which occurs through changes to the traffic network.



50A.6.3 Reduce the effects of heavy traffic on the minor roads by encouraging the use of Pandora Road/Bridge Street as a through route.

50A.6.4 Require appropriate parking, loading, site-access, and on-site manoeuvring for activities in

the zone. Methods (1) Rules in the District Plan. (2) Physical changes to the roading network. Principal Reasons for Adopting Objectives and Policies There are three main traffic types in Ahuriri:

(a) Industry and Port bound heavy traffic (b) Residential traffic (c) Recreational/Tourist traffic

Much of this traffic has an effect on the mixed uses zone. The Council wishes to redirect heavy through traffic away from areas where it conflicts with the other two traffic groups identified above. Objective 50A.7 To maintain and enhance the amenity values of the Ahuriri area. This objective relates to Issue 50A.1.5

Policies

To achieve this objective the Council will: 50A.7.1 Mitigate the visual effects of industrial and commercial storage and by-products. 50A.7.2 Control the location and size of signs. 50A.7.3 Recognise the benefits of landscaping in mitigating the effects of industrial/commercial

development adjacent to residential activity. 50A.7.4 Promote simplicity and clarity in the form of a sign and the message it conveys. 50A.7.5 Mitigate the effects of glare, light spill, dust, vibration and odour on adjoining properties or

sites within a residential zone. 50A.7.6 Restrict the location of any business of prostitution to ensure that any adverse effects on

the character and amenity of the Mixed Uses Zone are avoided. Methods (1) Rules in the District Plan. (2) Monitoring Principal Reasons for Adopting Objectives and Policies Amenity of the City is an important consideration. Where industrial and commercial activity occurs the adverse effects must be managed particularly where these adjoin a residential zone. The level of amenity should reflect the industrial



character of the zone. The amenity is comprised of the industrial/warehousing scale of buildings, the use of traditional materials, often zero lot boundaries, ready access to light/sunlight and, for the most part, wide roads. The Council aims to avoid the location of any business of prostitution in the Mixed Uses Zone in order to preserve the existing character and amenity of the area. Objective 50A.8 To provide an efficient services network that does not have significant environmental effects. This objective relates to Issue 50A.1.4 Policies

To achieve this objective the Council will: 50A.8.1 Consider the effects of industrial activities on the wastewater infrastructure. 50A.8.2 Consider the effects of activities and their infrastructural requirements on the Ahuriri

Estuary. Methods (1) Rules. (2) Information on Management Practices. Principal Reasons for Adopting Objectives and Policies Some areas of Ahuriri are constrained by the availability of services, particularly stormwater. The effect of some industries on the existing infrastructure could be significant therefore the Council wish to encourage heavy water users into industrial areas which can accommodate these needs. Objective 50A.9 To facilitate and enable the exercise of tino rangatiratanga and kaitiakitanga by the tangata whenua of Ngati Kahungunu. This objective relates to Issue 50A.1.6

Policies

To achieve this objective the Council will: 50A.9.1 Identify, define and protect sites and precincts of significance to tangata whenua. 50A.9.2 Consult with tangata whenua where activities are to occur in areas identified as

significant. 50A.9.3 Provide for the activities relating to the needs of tangata whenua and other Maori by

providing the opportunity for establishing places of assembly, papakainga housing, kohanga reo and similar activities in residential areas, provided that the conditions specified in the Plan are met.

Methods

(1) Rules



(2) Information Principal Reasons for Adopting Objectives and Policies The Resource Management Act states that the principles of the Treaty of Waitangi shall be taken into account when managing resources. Hapu/iwi concepts present a different view of managing resources. It is necessary to recognise the relationships with the natural resources that hapu/iwi hold. Features and sites of the landscape have significance to tangata whenua. The significant sites have been identified to ensure that they are recognised. The Treaty of Waitangi principles include having regard to consultation, partnership and a shared responsibility for decision making. The plan therefore requires consultation in circumstances where activities are in the areas identified as significant.

50A.10 ANTICIPATED ENVIRONMENTAL RESULTS

(1) A zone where the existing mix of activities which characterises Ahuriri is retained.

(2) A noise environment which recognises the needs of existing industry located within the zone while maintaining acceptable environmental limits for the zone.

(3) Preservation of heritage elements in terms of buildings or retention of the scale of existing development.

(4) A defined through route for heavy traffic where adverse effects are mitigated.

(5) Recognition of sites of special significance to Maori.

(6) Recognition and protection of Maori sites and the provision of Maori facilities in the area.

(7) The maintenance of a level of amenity within the zone that is consistent with a predominately residential environment.

(8) An environment where over time noise sensitive activities are protected from port noise through appropriate levels of acoustic insulation.

(9) Greater understanding by residents of the operational requirements of industrial activities within the Port Industrial Zone and a consequential reduction in conflict between these activities and noise sensitive activities.

(10) An area where the nuisance effects of businesses of prostitution are avoided.

MIXED USE ZONE - RULES All rules apply throughout the Mixed Use Zone unless otherwise stated. 50A.11 Summary of Mixed Use Zone Rules

The following is a quick reference guide that summarises the Mixed Use Zone Activity Table and Condition Table. It is intended as a guide only and must not be used in place of the Mixed Use Zone Activity Table and Condition Table elsewhere in this Chapter.


Rule 50A.12 Any land use not stated by a rule as a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity elsewhere in this Plan and it must comply with all the relevant conditions.

Permitted

Rule 50A.13 Industrial activities. Permitted

Rule 50A.14 Commercial activities (includes office accommodation and retail activities).

Permitted

Rule 50A.15 Residential activities. Permitted



Rule 50A 16 Home occupations. Permitted

Rule 50A.17 A supplementary unit. Permitted

Rule 50A.18 Residential care facilities. Permitted

Rule 50A.19 Day care centres. Permitted

Rule50A.20 Travellers’ accommodation. Permitted

Rule 50A.21 Education facilities. Permitted

Rule 50A.22 Scheduled sites. Permitted

Rule 50A.23 Land development (including subdivision and Multi Unit Development) Controlled


Rule 50A.25 Licensed premises. Controlled

Rule 50A.26 Any subdivision, use or development of land referred to in Rules 25.2 to 25.15 that does not comply with all the relevant conditions, unless stated by a rule elsewhere in this Chapter.


Rule 50A.27(a) Places of assembly. Discretionary

Rule 50A.27(b) Health care centres with three or more health care providers. Discretionary

Rule 50A.27(c) A supplementary unit that does not comply with all the relevant conditions.

Discretionary

Rule 50A.27(d) Any business of prostitution Discretionary

Rule 50A.27(e) Service stations and transport depots. Discretionary

Rule 50A.27(f) Camping grounds. Discretionary

Rule 50A.27(g) Use of explosives, other than for temporary military training purposes. Discretionary

Rule 50A.27 (h) Any multi-unit development which does not comply with any of the District Plan standards and terms including the provisions of the Code of Practice for Subdivision and Land Development, other than driveway widths.

Discretionary

Rule 50A.28) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited

MIXED USE ZONE – ACTIVITY TABLE


50A.12 Land Uses Generally 1. Any land use is a permitted activity provided that:


Mixed Use Zone activity table and condition table. b) It is not stated by a rule elsewhere in this Plan as a controlled



50A.13 Industrial Activities 1. Any industrial activity is a permitted activity provided that:

a) It must comply in all respects with the relevant conditions in the Mixed Use Zone activity table and condition table.








c) The storage area must not exceed 10m2 and must have a maximum dimension of 4m;




NOTE: Any storage of tyres activity that does not

comply with all of the relevant conditions is a discretionary activity (see Rule26.16).

50A.14 Commercial Activities 1. Any commercial activity is a permitted activity provided that:




2. Any office accommodation is a permitted activity provided that:

a) It must relate to the administration and management of an industrial or commercial activity otherwise permitted in Mixed Use Zone.

b) It must be limited to 20% of the gross floor area of buildings on

the site. c) It must comply in all respects with the relevant conditions in the

Mixed Use Zone activity table and condition table. d) It is not stated by a rule elsewhere in this Plan as a controlled


3. Any retail activity is a permitted activity provided that:

a) The goods or services offered must be manufactured,

processed, repaired, serviced or warehoused on the site. b) The retailing component is limited to 20% of the gross floor area

of buildings on the site. c) It must comply in all respects with the relevant conditions in the

Mixed Use Zone activity table and condition table. d) It is not stated by a rule elsewhere in this Plan as a controlled


The Council will restrict its discretion to the matters referred to in Rule 25.16 including the following: - The effects on traffic and pedestrian safety. - The effects on amenity values. - The effects on the character of the area. - The need for traffic control, including signs, signals,

and traffic islands. - The effects on the heritage values of the Inner City

art deco resource.

50A.15 Residential Activities 1. Any residential activity is a permitted activity provided that:







2. A new dwelling unit in a building in existence as at 11th November

2000 is a permitted activity provided that: a) Each new dwelling unit must provide for the exclusive use of its

occupants: i) A notional garage, garage, carport or other vehicle parking

space on site for at least one vehicle which complies with Appendices 17 and 18.

ii) On site manoeuvring requirements for second and

subsequent dwellings as in Chapter 61 (Parking for residential activities).

iii) A service court with the minimum dimensions of 3 metres by

3 metres. b) No service functions e.g.: washing lines, rubbish bins etc, must

be visible from legal road. c) The outlook from any window of the unit must not be obscured

by any sign erected on the building. d) The dwelling unit must comply with all relevant conditions in the

Mixed Use Zone activity table and condition table. 50A.16 Home Occupations 1. A home occupation is a permitted activity provided that:

a) Not more than one full time equivalent job is created for a

person(s) residing outside the dwelling unit. b) At all times, the home occupation must remain incidental and


c) The maximum area of the home occupation must be 30% of the

gross floor area of the dwelling unit. d) Any external storage associated with the home occupation must



an alternative notional garage for the vehicle and an additional vehicle parking space must be provided for elsewhere on the site. The notional garage must comply with all the relevant access and manoeuvring conditions in Chapter 61 (Transport) of this Plan.

f) No retailing of goods will occur from the site except for items

produced on the site or fruit, vegetables or other natural products grown on the property and must be limited to 20% of the gross floor area of the dwelling unit.


exceed a daily average of 20 vehicle trips to the site and must not attract pedestrian or vehicular traffic between 2200 hours and 0700 hours the following day.

h) No objectionable odours must be produced that are able to be

detected beyond the site boundary. j) The home occupation must comply in all respects with all the

relevant conditions in the Mixed Use Zone activity table and condition table.




50A.17 Supplementary Units 1. A supplementary unit is a permitted activity provided that:


same site as one other dwelling unit. c) The gross floor area of the unit must not exceed 80m2 including

a notional garage. d) The unit need not comply with the open space and density

conditions. e) The unit must comply in all other respects with the relevant

conditions in the West Quay Waterfront Zone Activity Table and Condition Table.

NOTE: A supplementary unit that does not comply in all respects with the relevant conditions is a discretionary activity. Refer to Rule 25.17(c).

50A.18 Residential Care Facilities 1. A residential care facility is a permitted activity provided that:


b) Any outdoor storage associated with the residential care facility

must be screened from view of any adjacent sites and public open places.

c) Any sign or combination of signs must not exceed 0.3m2 in total

area. d) The facility complies in all respects with the relevant conditions

in the Mixed Use Zone activity table and condition table.


50A.19 Day Care Centres 1. A day care centre is a permitted activity provided that:


b) Any sign or combination of signs must not exceed 0.3m2 in total

area.

c) Any outdoor storage associated with the day care centre must be screened from view of any adjacent sites and public open places.

d) The centre complies in all respects with the relevant conditions



50A.20 Travellers’ Accommodation 1. Travellers’ accommodation is a permitted activity provided that:

a) The travellers’ accommodation must not cater from more than 5

guests, excluding staff and/or family. b) Any sign or combination of signs must not exceed 0.3m2 in total

area. c) Any outdoor storage associated with the travellers’

accommodation must be screened from view of any adjacent sites and public open places.

d) The accommodation complies in all respects with the relevant

conditions in the Mixed Use Zone activity table and condition




table.

50A.21 Education Facilities 1. Education facilities are a permitted activity provided that:

a) The facility must not cater for in excess of 10 students. b) Any sign or combination of signs must not exceed 0.3m2 in total

area. c) Any outdoor storage associated with the education facility must

be screened from view of any adjacent properties and public open places.

d) The facility complies in all respects with the relevant conditions



50A.22 Scheduled Sites 1. Any scheduled land use on a scheduled site is a permitted activity

provided that:

a) It must comply in all respects with the rules in Chapter 55 (Scheduled Sites).




50A.23 Land Development (Including Subdivision and Multi Unit Development)



specified in Chapter 66 of this Plan. b) It must comply in all respects with the relevant standards and

terms in the Mixed Use Zone Activity Table and Condition Table c) It is assessed according to the matters in Chapter 66 over


respect of land development (including subdivision) that fully complies with the standards and terms, and the application need not be notified.


50A.24 Relocation of Buildings 1. Relocation of a building from another site is a controlled activity

provided that: a) The relocation of the building complies in all respects with the

relevant conditions stated elsewhere in the Mixed Use Zone activity table and condition table.


which must:





reinstatement of the building within 12 months from the date





of consent. iv) Provide clear photographs of the building in its current state. v) Provide such plans and elevations of the building as are






respect of relocated buildings that fully complies with the standards and terms, and the application need not be notified.

50A.25 Licensed Premises 1. A licensed premises is a controlled activity provided that:

a) It must comply in all respects with the relevant conditions stated

elsewhere in the Mixed Use Zone activity table and condition table.

The Council shall exercise its control over the following: b) The hours of operation.


respect of licensed premises that fully comply with the standards and terms, and the application need not be notified.



50A.26 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules

25.2 to 25.15 that does not comply with all of the relevant conditions in the Mixed Use Zone activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


Mixed Use Zone activity table and/or condition table. - The cumulative effect of non-compliance with more

than one condition. - In respect of a controlled activity failing to comply

with all of the relevant conditions, those matters the Council had reserved its control over.


where applicable.




a) Places of assembly. b) Health care centres with three or more health care providers.



c) A supplementary unit that does not comply in all respects with

the relevant conditions stated in the Mixed Use Zone activity table and condition table.

d) Service stations and/or transport depots. e) Camping grounds. f) Use of explosives, other than for temporary military training

purposes g) Any business of prostitution (including those that do not comply

with all of the relevant conditions as a Home Occupation) h) Any multi-unit development which does not comply with any of

the District Plan standards and terms including the provisions of the Code of Practice for Subdivision and Land Development, other than driveway widths


50A.28 Prohibited Activities 1. The following land uses are a prohibited activity for which no



MIXED USE ZONE – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


50A 298 Density 1. There is no density requirement; subject to compliance with the

other conditions for all land uses, unless stated elsewhere in the Mixed Use Zone activity table and condition table.


how a single dwelling unit or residential multi-unit development is able to fully comply with the conditions for permitted activities if the density is greater than one dwelling unit per 250m2 of net site area.

Matters: - The effects on amenity values of the

neighbourhood. - The existing built density of the neighbourhood. - The effects on the open space appearance of the

neighbourhood. - The scale and bulk of the building(s) in relation to

the site. - The effects on infrastructural services.

50A.2029 Yards 1. The following yard conditions shall apply to all industrial and

commercial activities:- a) Front Yards

There is no front yard requirement, except that a minimum 3 metre landscaped yard is required where sites: i) Front onto Pandora Road. ii) Adjoin a site that is zoned residential.

b) Other Yards

There is no side or rear yard requirement, except that:

i) No part of any building must be located within 6 metres of a

residential zone site boundary or Tyne Street drain. ii) Where the site adjoins Pt Tn Sec 601, a 3 metre yard must

be provided within the Mixed Use Zone. This yard may be used for the purposes of an accessway.

Matters: - The effects on heritage values of buildings. - The effects on the interface between buildings

and the road. - The effects on pedestrian and vehicle access. - The effects on the clear separation of old and new

developments.



2. The following yard conditions shall apply to all residential activities:-

a) Front Yards

There is no front yard requirement, except that a minimum 3 metre yard must be provided where sites: i) Front onto Pandora Road. ii) Adjoin a site that is zoned residential.

b) Other Yards

i) Any part of a building must not be erected closer than 1

metre to a side or rear boundary. Provided that where this is the only condition infringement

and the written approval of the adjacent landowner(s) is provided at building consent stage, a resource consent application will not be necessary.

ii) Where the site adjoins Pt Tn Sec 601 a 3 metre yard must

be provided within the Mixed Use Zone. This yard may be used for the purposes of an accessway.

50A.310 Height 1. The following maximum height conditions shall apply to all land


a) Any part of a building or structure must not exceed 12 metres in height, except that:



c) Where there is conflict between any of the height control lines or limits, the lowest height must prevail.







Matters: - The effects on the heritage values of buildings. - The scale and bulk of the building in relation to


50A 321 Height in Relation to Boundary 1. The following height in relation to boundary conditions shall apply to

all land uses: a) Any part of a building or structure must not project beyond a

building envelope constructed by drawing planes along all parts of all site boundaries. The planes must commence 5 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

b) Provided that:


must be constructed by drawing planes along all parts of all





building site boundaries and must commence at the building site boundary.

ii) Where the site adjoins any land zoned other than industrial,

the planes must commence 3.0 metres above ground level at the site boundary and must be inclined to the horizontal at an angle of 45 degrees.

iii) The height in relation to boundary condition does not apply

to the length of common wall between two or more attached buildings.

iv) Where the site abuts an entrance strip or access lot, the

furthest boundary of the entrance strip or access lot may be deemed to be the site boundary for the purpose of applying the height in relation to boundary condition.

v) No account will be taken of aerials, lines, support structures,


50A.332 Site Coverage 1. The following site coverage conditions shall apply to all industrial

and commercial activities:- a) Site coverage (measured from gross building area) must not

exceed 75% of the net site area. 2. The following site coverage conditions shall apply to all residential

activities:- a) Site coverage (measured from gross building area) must not

exceed 50% of the net site area.

b) Provided that: i) Where there is no garage or carport on site, the gross

building area must include a notional garage of 18.5m2 for each dwelling unit on the site.


the site. - The existing built density of the neighbourhood. - The availability of useable open space on the site

for residential activities. - The control of stormwater runoff. - The effect on the mixed use character of the area.

50A.343 Landscaped Area 1. The following landscaped area conditions shall apply to all

residential activities: a) All sites must have a landscaped area of not less than 20% of

the net site area.

Matters: - The effect on the open space and mixed use

appearance of the neighbourhood. - The effects on amenity values. - The control of stormwater runoff.

50A.354 Open Space 1. The following open space conditions shall apply to all residential

activities:

a) Every dwelling unit must have an amount of open space on the building site of not less than 50% of the gross floor area of all buildings on the site, except that a minimum of 50m2 per dwelling unit is to be provided.

b) Where there is no garage or carport proposed or existing on the

site, the gross floor area must include a notional garage of 18.5m2 for every dwelling unit on the site.

c) The maximum amount of open space required to be provided

on a building site is 100m2 per dwelling unit. d) Provided that:


occupants on-site. - The effect on the open space appearance of the

neighbourhood.



i) Open space may comprise of more than one area. ii) Open space may take the form of a deck or terrace but must

be unobstructed by buildings, parking spaces, or vehicle manoeuvring areas.

iii) Open space must be directly accessible from the unit to

which it relates.. iv) The open space must:


diameter circle; and Have a minimum dimension of 3 metres measured at

right angles to the perimeter of the area.

50A.365 Outdoor Storage 1. The following outdoor storage conditions shall apply to all land

uses: a) Outdoor storage areas or stockpiles:

i) Must comply with the yard, height and height in relation to

boundary conditions in conditions 25.20, 25.21 and 25.22. ii) Must be screened from the view of any adjacent residential

activity or public open space by tree plantings or a fence or hedge at least 1.8 metres high.

iii) Must not provide a food source for birds or vermin. iv) Must be located on sealed and drained areas if they consist

of decomposable material likely to generate contaminated leachate.


50A.376 Refuse Storage 1. The following refuse storage conditions shall apply to all industrial




residential activity or public open space by a fence or hedge at least 1.8 metres high.


birds or vermin.


50A.387 Noise All activities within the zone shall be conducted so as not to exceed the following noise limits at any point beyond the site boundary, or where there are 2 or more sites held in common ownership which are either contiguous or separated only by road, at any point beyond the outer boundary of that group of sites.

Monday to Saturday inclusive 0700 hours to 2200 hours L10 60 dBA Sunday and all other times L10 55dBA Monday to Sunday inclusive 2200 hours to 0700 hours Lmax75 dBA Measurement

Subject to the express provisions of these conditions, noise levels shall be measured and assessed in accordance with New Zealand





generation.



Standards 56801:1991 Measurement of Sound and NZS 5802:1991 Assessment of Environmental Sound. 1. The following noise conditions shall apply to all land uses, other


a) All land uses within the zone must be conducted so as to ensure the following noise limits are not exceeded at any point beyond the site boundary, or where two or more sites are held in common ownership which are either contiguous or separated only by road, at any point beyond the outer boundary of that group of sites:

Monday to Saturday inclusive 0700 hours to 2200 hours 60 dB LAeq (15min)

Sunday and all other times 55 dB LAeq (15min) Monday to Sunday inclusive 2200 hours to 0700 hours the following day 75dB LAFmax

b) Where any land use is conducted within the zone, the noise

from the land use must not exceed the following noise limits at any point within any residentially zoned land:

Monday to Saturday inclusive 0700 hours to 1900 hours 55 dB LAeq (15min) 1900 hours to 2200 hours 50 dB LAeq (15min) 2200 hours to 0700 hours the following day 45 dB LAeq (15min) 2200 hours to 0700 hours the following day 75 dB LAFmax


conditions in Chapter 57 (Noise) of this Plan.

2. The following minimum External Sound Insulation Level standards shall apply to all habitable rooms within any noise sensitive activity (including the addition or alteration of a habitable room which exceeds 10% of the existing gross floor area):

a) The habitable room within the noise sensitive activity shall

achieve a minimum External Sound Insulation Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.

b) Where it is necessary to have windows closed to achieve the

acoustic design requirements, an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room.

c) An acoustic design report must be provided to the Council prior

to any building consent being granted or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.


acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.

e) It will be a condition of subdivision of land (as defined in the Act)

that any consent notice issued for the purposes of Section 221 of the Act, the Council will require the Certificate of Title to be noted to the effect of the consent notice.

50A.398 Light Spill

Matters:



1. The following light spill condition shall apply to all land uses other than for the purposes of illuminating a road:

a) Between the hours of 2200 and 0700 the following day, any

outdoor lighting must not cause an added illuminance of excess of 15 lux, measured horizontally or vertically as an average (at a height of 1.5 metres above ground level) at any point beyond the site boundary.






adjusted, screened and maintained to ensure that glare resulting from the lighting does not cause a significant level of discomfort to any occupants of residential activities, or a significant traffic hazard to aircraft, or vehicles on any road.

- The orientation, strength, intensity, colour and frequency of any light.

- The effects on traffic safety. - The positive effects on pedestrian safety. - The effects on amenity values.

50A.3039 Vibration 1. The following vibration conditions shall apply to all land uses:





50A.410 Odour and Dust 1. The following odour and dust conditions shall apply to all land uses:





Note: The discharge of contaminants (including odour and dust) onto or into air or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent approval. Contact the Hawke’s Bay Regional Council for advice.’



50A.421 Stormwater Runoff 1. The following stormwater runoff conditions shall apply to all



Inner Harbour Tyne Street Drain.


activity that was not in existence as at 11th November 2000, interceptor traps must be used to remove sediment, floating debris and oil products from all stormwater collected from the




site including general yards and storage areas prior to its discharge to the Napier City Council reticulated stormwater system or private discharges to any of the above watercourses.

Note: The discharge of stormwater to land and/or water is regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent. Contact the Hawke’s Bay Regional Council for advice. The discharge of stormwater into the public stormwater network is regulated by the Stormwater Bylaw 2012. 50A.432 Fences 1. The following fencing conditions shall apply to all land uses:

a) Any fence erected within a front, side or rear yard must not





50A.443 Aerials, Lines and Support Structures 1. The following conditions shall apply to all aerials, lines and support

structures other than for the purposes of a network utility operation: a) Aerials, lines and/or support structures must not exceed 15



c) Where there is conflict between any of the height control lines or limits, the lowest height must prevail.






e) Dish antenna must not exceed 5 metres in diameter. f) Where an aerial, line or support structure exceeds 7 metres in



g) The aerial, line and/or support structure must comply with the conditions relating to yards and height in relation to boundary in the Mixed Use Zone condition table.







50A.454 High Volume Water Using Activities 1. The following high volume water user conditions shall apply to all





50A.45 Earthworks Matters:



1. The relevant provisions of Chapter 52A (Earthworks) of this Plan


Refer to Chapter 52A (Earthworks) of this Plan.


be complied with.



complied with.



complied with.


50A.49 Transport 1. The relevant provisions of Chapter 61 (Transport) of this Plan must

be complied with.








50A.512 Hazardous Substances 1. The relevant provisions of Chapter 63 (Hazardous Substances) of



50A.523Contaminated Sites 1. The relevant provisions of Chapter 64 (Contaminated Sites) of this



50A.534 Financial Contributions 1. The relevant provisions of Chapter 65 (Financial Contributions) of






Chapter 50A ASSESSMENT CRITERIA (Mixed Use Zone) 50A.56 INTRODUCTION

Some discretionary activity and restricted discretionary activity rules refer to assessment criteria to assist the Council in considering resource consent applications. The Council



will have regard to the Assessment Criteria outlined below for the Mixed Use Zone when considering an application under Sections 104 and 105 of the Act.

50A.57 GENERAL

The following criteria will be used by the Council in considering a resource consent application for a Discretionary Activity or a Restricted Discretionary Activity for non-compliance with one or more conditions in the relevant activity table and/or condition table.

a) Any unusual circumstances including, but not limited to, those listed below:

i) Inherent site considerations: including unusual size, shape, topography,

substratum, vegetation or flood susceptibility; ii) Particular site development characteristics: including the location of existing

buildings or their internal layout, achievement of architectural harmony, compliance with engineering or bylaw standards, enhancement of private open space, achievement of a better relationship between the site and the road, building renovation or restoration of demonstrable merit, the design and arrangement to facilitate access for the disabled, or legal impediments;

iii) Unusual environmental circumstances: including adverse topography, unusual

use or location of buildings on adjacent sites, improved amenity for neighbouring sites, the presence of effective on-site screening.

50A.58 ASSESSMENT CRITERIA FOR PARTICULAR LAND USES

1. Land uses within the Mixed Use Zone The Council must be satisfied that the relevant objectives and policies of the Plan will be met. In addition, the Council will consider: Land Use Nature and Scale

a) Whether the impact of the scale and intensity of the land use is compatible with

surrounding land uses. b) Whether the land use will contribute to or detract from the mixed use character of

the zone. c) Whether there are any effects of a low probability, but high potential impact. d) Whether the establishment of the land use would adversely effect the efficient

use and/or development of natural and physical resources of any other zone, or result in significant social or economic impacts.

e) Whether the volume of traffic likely to be attracted to the site is likely to cause

disturbance to the neighbouring land uses, the road network and traffic safety and efficiency.

Site Layout

f) Whether buildings and structures including parking and storage areas are sited in

a way or adequately screened that minimises any adverse effects on the visual



and aural privacy of adjacent land uses, public open places and roads.

Carparking and Access

g) Whether the land use will avoid on-road congestion, including vehicle parking, as a result of the ingress and egress of vehicles to and from the site.

h) Whether adequate sight distances are available for vehicular and pedestrian

safety. The Council will pay particular attention to the adequacy of accessways when the

facility is located on a rear site, as well as to the location of entry and exit points to the site, and their relationship with existing intersections, land constraints and adjacent activities. The Council will require adverse effects to be avoided, remedied or mitigated by controlling access to the road or site, by redesign of the access or roadway, or by traffic signals and the like. Sites adjacent to local roads may be unsuitable for some land uses.

Noise Mitigation Measures

i) Whether noise arising from the land use, including the congregation of people

and movement and parking of vehicles, will have an adverse effect on the amenity of the surrounding area.


the aural amenity of adjacent properties and residential areas. j) Whether noise generated from industrial activities in the area will have an

adverse effect on the amenity of the residents, or people attending non-industrial or non-commercial activities, in particular, noise sensitive activities.


the aural amenity of residents and any people involved with such noise sensitive activities.

Infrastructure

k) Whether the land use can avoid, remedy or mitigate any adverse effects that it

may have on infrastructural services. Where the existing infrastructure cannot sustain new development, the proposal

must provide a satisfactory alternative or level of mitigation. This may be in the form of financial contributions.

Cumulative Effect

l) Whether the proposed land use will have an adverse cumulative effect on the

surrounding area. In assessing the appropriateness of allowing a land use to be located in an area,

consideration will be given to the presence of activities already located in the area and on the site, and their effect on the surrounding environment. Of particular concern is the cumulative adverse effect of locating a land use on a site adjacent to, or already accommodating, an activity that may currently generate traffic, noise and other adverse effects not in keeping with existing surrounding land uses.



Chapter 50A PRINCIPAL REASONS FOR RULES (Mixed Use Zone)

50A.59 PRINCIPAL REASONS FOR RULES 1. Land Uses Generally A number of land uses, sensitive to effects generated by industry, have the potential to

impinge upon traditional industrial operations. This reverse sensitivity has the potential to effect the continuation of legitimately established industrial activities. Despite locating within a mixed use environment, tyre storage specifically has the potential to generate significant effects in relation to amenity, fire hazard, vermin issues, and contamination of soil and water. The District Plan allows for this activity where the scale is appropriate and where it is ancillary to another activity on the site. The District Plan recognizes that the storage of new tyres that are ancillary to another activity on the site is appropriate where this is done well, but restricts the storage of end-of-life tyre and tyre products due to the significant impacts this activity may have on the environment.

Some land uses require careful management in order to maintain and enhance the character and heritage values of Ahuriri. The variety of land uses occurring in the Mixed Use Zone contributes to this character. The rules allow this blend to continue, provided the adverse effects of each respective land use are avoided, remedied or mitigated.

2. Commercial Activities Associated with industrial activities in the Mixed Use Zone are a number of commercial

activities. These commercial activities support industry through the provision of goods and services. This rule recognises that it is necessary for some industrial activities to have administration and financial services on-site.

Retailing and some office accommodation land uses can cause adverse effects on the

roading network due to the increase in vehicle numbers. The increase in vehicle numbers can also add pressure to existing vehicle parking areas and lead to roadside congestion when current on-site parking is not sufficient to meet increased demand.

Retail activity, if left uncontrolled, can also affect the main retailing areas within Napier’s

Central Business District. This is an inefficient use of physical resources as the Central Business District has been specifically designed to cope with the traffic and parking demands imposed by retailing operations. In addition, uncontrolled retailing in non-commercial zones has the potential to adversely affect the viability of the inner city’s historic art deco buildings via the closure of shops and the possible reduction in the level of maintenance.

However, some retailing in the Mixed Use Zone is considered appropriate, if the goods offered for sale or trade are actually made or assembled on-site, or if some minor retailing occurs in association with large scale warehousing (such as at traditional farm and building supply enterprises).

Licensed premises can be accommodated with few if any adverse effects, provided a

number of conditions are met. In some cases it is preferable to locate these uses within zones that are not specifically residential where the generation of loud noise is not unduly constrained. Equally, given the proximity of some licensed premises to residences, the



hours of operation and effects of noise require careful management to maintain the amenity of neighbouring residential sites.

3. Residential Activities

General residential accommodation within the Main Industrial, Suburban Industrial and Port Industrial zones is limited, due to issues of reverse sensitivity and the restrictions this can impose on existing legitimate industrial activities. Residential accommodation has been provided for elsewhere in the City (principally in residential zones) and therefore the use of industrially zoned land for residential purposes is restricted. However, limited residential accommodation within these industrial zones is provided for, to recognise the situation where a manager or caretaker may be required on-site for security or monitoring reasons.

The scope for residential activities in the Mixed Use Zone is less restrictive than in the

industrial areas in Napier. This recognises the historical mix of activities occurring in the zone. However, new residential units are required to protect the occupants themselves from the higher noise environment experienced within these zones of industrial and commercial activity.

4. Scheduled Sites The Council recognises that there are some existing uses within Napier City that provide a

valuable service to the community. These land uses require recognition in the Plan as a number are not specifically provided for within the rules for permitted activities in the respective zone. Furthermore, the method of scheduling sites provides an opportunity for on-site expansion and modification within certain limits. This is potentially more liberal than the existing use rights that the Act provides in Sections 10, 10A and 10B.

5. Land Development and Subdivision The rules are based on the premise that there is a strong interrelationship between

subdivision and future land use. Subdivision of land can have marked effects on land use expectations. Adequate provision of access, water, sewerage, open space, and other requirements is essential to ensure development following subdivision does not have adverse effects on the environment. The provisions for financial contributions and the Code of Practice for Subdivision and Land Development also contribute to these outcomes.

6. Relocation of Buildings To ensure that relocated buildings are reinstated in a timely manner and are consistent

with the built characteristics of the surrounding environment, the Council intends to exercise some control over the relocation of buildings throughout most industrial zones in the City.

It is recognised that relocated buildings in some instances, can have a positive effect on

the City’s mix of building styles and contribute to the sustainable management of the physical resources of the City.

7. Yards The front yard setback control ensures that neighbours are protected from the bulk of new

buildings and additions to existing buildings located in close proximity to boundaries, and to retain some degree of spaciousness and visual amenity in the industrial environment. Setbacks from drains and watercourses will provide for drain maintenance and afford some protection for water quality. The ability to build up to the side and rear boundaries facilitates the efficient use of a site.

Landscaping is not generally required, other than for those sites fronting roads that

convey a high volume of through traffic not necessarily directly related to the surrounding environment. Landscaping is also useful for creating setback areas for parking and



visibility for traffic exiting industrial sites onto high volume roads and can screen activities from residential zones and public open places.

The specific yard requirements within the Mixed Use Zone serve to maintain the dominance of the southern facade of the Wrightson Woolstore Building, separating the heritage buildings from modern developments. The zero lot lines aims to ensure the interface between existing buildings and the road is maintained, together with preserving the characteristic of buildings erected up to the boundary.

8. Height in Relation to Boundary The height in relation to boundary condition is intended to prevent buildings from

physically dominating the adjacent sites. The height in relation to boundary condition does not concern itself with protecting the amenity of entrance strips or access ways as the function of these is limited and their use transitory.

In general, building to the boundary allows more efficient use to be made of a site.

Accordingly, the recession planes start at a level that will allow a industrial-type building to be built up to the boundary of most sites without having to go through a resource consent process for this aspect of the development (note: this is subject to rules relating to yards).

The height in relation to boundary condition does not apply to the coastal marine area boundary, or lighting poles and cranes within the Port Industrial Zone. This is necessary to allow for buildings and structures vital to Port operations, particularly on the wharves.

9. Site Coverage The site coverage limits specified are applied to contain increases in stormwater load on

the drainage system and to limit building bulk to a level that will maintain the visual amenity of the surrounding environment. Where residential activities are provided for, site coverage conditions, in addition to open space and landscaped area conditions ensure a degree of on-site amenity is retained for the occupants’ enjoyment.

10. Outdoor Storage Areas and Refuse Storage The outdoor storage of materials can have adverse visual effects. These can be

overcome by appropriate controls on the bulk of the stockpiles and through screening. The bulk storage of some materials could have adverse effects on water quality due to runoff and leachate. These effects can be avoided through appropriate site preparation and drainage.

11. Noise Noise is one of the factors that can affect the appreciation of amenity. It can have an

effect on people’s health in a psychological sense. It may interfere with communication and disturb concentration. Inappropriate levels of noise can have adverse effects on people’s health and wellbeing.

However, industrial activities can be inherently noisy and so it is not practical to impose

the same noise level restrictions as might apply in residential or commercial environments. An independent assessment of noise provisions in the Napier Plan was commissioned by Napier City Council in 2012. The recommendations from this report (undertaken by Malcolm Hunt Associates) led to the majority of changes made to the noise provisions in the Plan, particularly in regards to methods of measurement and maximum noise levels.

The noise levels selected in the Mixed Use Zone are based on the recommendations of the Malcolm Hunt Associates recommendations. These limits will ensure that adverse health and safety effects are avoided, but will allow most activities to occur. Similarly, controls on new or altered dwelling units have been imposed to ensure that such units are insulated from the higher noise environment associated with industrial activities.



12. Light Spill Lighting can interfere with the enjoyment of a property and the sleep of occupants. Direct

light spill and glare are consequences of outdoor lighting used to illuminate property. The effect of this rule is to state lighting levels that are compatible with the existing character of the Mixed Use Zone while maintaining traffic and personal safety, and residential amenity. These controls are required to avoid unreasonable levels of artificial light spilling onto neighbouring properties. Different levels of light spill have been allowed for different receiving environments, having regard to the tolerance levels and safety requirements of those environments.

13. Vibration Vibration has nuisance and health effects like noise, and can have major effects on

people’s enjoyment of their property. This is particularly so for residential properties, therefore the rule is based upon the generation of any unreasonable vibration, given the possible effects on people’s amenity values, health and safety, together with effects on the structural integrity of buildings.

14. Fences The Council sees little need to control fences up to two metres in height in most areas of

the City. However, higher fences can detract from residential amenity, reduce the feeling of open space and potentially affect the safe entry and exit of vehicles from industrial sites. The control ensures residential amenity is not adversely affected by excessively high structures on or near the zone boundary.

While not specifically provided for in this Plan, fortified fences detract from the sense of

community wellbeing with their threatening connotations. Such fortifications are subject to control by a Napier City Bylaw.

15. Aerials, Lines and Support Structures The number of aerials, masts, poles, towers and similar support structures in the Mixed

Use Zone is limited to prevent a proliferation of such structures upon any one site, while allowing for the needs of the community to receive and transmit television and radio signals as well as receive electricity. The number and size of dish antenna is limited as these tend to be more visually intrusive than other aerials. Due to the visual intrusion or dominance that aerials can have, their location is also controlled.

16. Heritage Development in an area has the potential to have a negative impact on heritage. The

effects of development can often detract from the value of the heritage element and alter the character of the area. Within this Plan, individual and groups of heritage elements (including buildings, structures and places of significance to Maori) have been identified to ensure that the heritage values and character of historic areas are not adversely affected by inappropriate development. In addition, refer to Chapter 56 (Heritage).

17. Signs Signs have the potential to adversely affect the visual amenity of some zones, as well as

creating a potential traffic hazard. The location, number and size of signs are therefore controlled in the Mixed Use Zone. In addition, refer to Chapter 58 (Signs).

18. Trees

Trees are a valuable resource throughout the whole city. They provide amenity benefits, ecological benefits, shading, and can act as a buffer between adjacent land uses. Napier City Council currently protects a number of notable public trees. As education and awareness of the community increases, as to the benefits of protecting trees, private trees may also be added to the notable tree schedule. It is important that the City is aware of which trees are scheduled as notable, so that the relevant conditions can be complied



with. A number of options for protecting private trees are available if the owners so desire. Some of these are via regulatory mechanisms, while others include private initiatives.

19. Transport The roading network can have a significant effect on the environment. New roads or the

upgrading of existing ones have a multitude of effects from physical effects to the effects on the amenity of a neighbourhood by way of increased noise levels. In order to reduce the need for road upgrading, the Council has imposed requirements relating to on-site car parking, loading and manoeuvring to mitigate the effects of road congestion and business inefficiencies that this causes.

The reduction of on-road parking has positive effects for the amenity of neighbourhoods

and improves the efficiency of the roading network. The provision of on-site manoeuvring also reduces the number of reversing vehicles, creating a safer environment for traffic and pedestrians. In addition, refer to Chapter 61 (Transport).

20. Natural Hazards Napier is at risk from a wide range of natural hazards. Controls are required to ensure

that development is well managed in the most at risk areas, and that buildings and infrastructure in other areas are designed to a standard appropriate for the actual level of risk in those areas. Those hazards which present a district-wide risk (for example, wind hazards, liquefaction and earthquake amplification) are not intended to be identified in the district plan. However such information will be recorded on the Council’s property file system, and used in the preparation of LIMs and PIMs etc. In addition, refer to Chapter 62 (Natural Hazards).

21. Hazardous Substances

Controls on the use and storage of hazardous substances are required to avoid adverse effects on people’s health and wellbeing. The use of hazardous substances and genetically modified organisms in New Zealand is primarily managed by the Hazardous Substances and New Organisms Act 1996 (HSNO). The purpose of the HSNO Act is to ‘protect the environment, and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances and new organisms’. The HSNO Act is administered by the Ministry for the Environment and implemented by the Environmental Protection Authority. The new Ministry of Business, Innovation and Employment are also involved with enforcement in terms of hazardous substances. In addition, refer to Chapter 63 (Hazardous Substances).

22. Contaminated Sites Controls regarding contaminated sites now fall under The National Environment

Standards (NES) for Assessing and Managing Contaminants in Soil to Protect Human Health which came into effect on January 2012. Refer to Chapter 64 (Contaminated Sites).

23. Financial Contributions The City’s existing amenities and utilities represent a major community investment which

should be utilised, protected and managed in a sustainable manner. Promoting the efficient use of the City’s network of essential services, community services, utilities, roads and other infrastructural components will aid in reducing the environmental costs of development for present and future generations and sustain the future potential of resources. The collection and end use of financial contributions have an environmental benefit in avoiding, remedying or mitigating the adverse effects of activities resulting from subdivision and land development as the contributions are directly applied to that part of the environment which is affected. In addition, refer to Chapter 65 (Financial Contributions).



24. Code of Practice for Subdivision and Land Development There is a strong interrelationship between subdivision, future land use and land

development. In order to manage the effects of subdivision and land development, particularly effects relating to the provision of services, the Council has prepared a document setting out conditions, engineering performance criteria and engineering standards. These conditions and engineering details, due to their technical nature are supplementary to conditions in the activity table and condition table of the respective zone. In addition, refer to Chapter 66 (Volume II - Code of Practice for Subdivision and Land Development).

Amendments to District Wide Provisions Section of the City of Napier District Plan

CHAPTER 53 NETWORK UTILITY OPERATIONS – CHAPTER 53

Insert the following in Table 53.4 - Summary of Rules for Network Utility Operations, under Rule 53.103 (Renumbered)


Rule 53.10 New above ground network utility operations within the Estuary, Foreshore Reserve, Reserve and/or River Conservation zones.

Controlled

Insert the following references to the ESTUARY ZONE into the DISTRICT WIDE NETWORK

UTILITIES OPERATIONS – ACTIVTY TABLE DISTRICT WIDE NETWORK UTILITY OPERATIONS - ACTIVITY TABLE CONTROLLED ACTIVITIES Matters the Council will restrict its discretion

to for restricted discretionary activities. 53.103 New Above Ground Network Utility Operations Within Open

Spaces 1. An above ground network utility operation not in existence as at 11th

November 2000 within the Estuary, Foreshore Reserve, Reserve, and/or River Conservation zones is a controlled activity provided that:

…

2. The written approval of affected persons need not be necessary in respect of above ground network utility operations within the Estuary, Foreshore Reserve, Reserve and River Conservation zones that fully comply with the standards and terms, and the application need not be notified.

Insert the following into the DISTRICT WIDE NETWORK UTILITIES OPERATIONS –

CONDITION TABLE

DISTRICT WIDE NETWORK UTILITY OPERATION – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES

Matters the Council will restrict its discretion to for restricted discretionary activities

53.1621 Height ...



2. The following height conditions shall apply to all above ground structures, (other than buildings), for the purposes of a network utility operation.

a) Unless otherwise stated in this rule, any part of an above ground

structure must not exceed: i) 10 metres within the Estuary, Foreshore Reserve, Reserve

and River Conservation Zones. ii) 15 metres within all residential environments, the Rural

Residential, Rural Settlement, Jervoistown, Rural Conservation, Lifestyle Character, Boat Harbour, Marine Parade Recreation, and Sports Park zones.

... CHAPTER 56 CHAPTER 56 – HERITAGE

Insert the following into RESOURCE MANAGEMENT ISSUES (ISSUE 56.1.2) for Chapter 56 HERITAGE 56.1.2 The possibility of the loss of special character in areas of the City, through the

development process. The review process has highlighted areas of the City that have a special character that is related to the heritage of the City. The Council aims to preserve the elements that give these areas their character. Areas of the City that fall into this category include the Art Deco Quarter, special character areas of Ahuriri and Westshore, and the residential character areas of Marewa Art Deco, Marewa State Housing and the Te Awa Bungalow area.

Add new Policy 56.3.3 under Objective 56.3 56.3.3 To maintain and enhance where appropriate the character of the Hardinge Road, Battery

Road, Iron Pot and Coronation Street character areas identified in the Port Ahuriri Heritage Study (Refer to Appendix 13A for maps of character areas).

Insert new 5th paragraph to Principal Reasons for Adopting Objectives and Policies after

Policies 56.3.1 – 56.3.3 The Port Ahuriri Heritage Study identifies a number of precincts of distinctive character and states that those features which are critical to that character should be preserved and protected. The Ahuriri Advocacy Area identified on the planning maps comprise four specific character areas; Iron Pot, Hardinge Road, Battery Road and Coronation Street. The heritage study identified these four areas as being of distinctive character. While individually all buildings in the character areas may not warrant protection as heritage items, and they do not all share common features, the Council wishes to recognise those features which contribute to the overall character of Ahuriri and the linkages to the past. Buildings which are considered to contribute to the essential character of the area are originally in the Port Ahuriri Heritage Study and these are now shown on the maps in Appendix 13A.

Insert the following into Principal Reasons for Adopting Objectives and Policies under Policy 56.3.2 – second paragraph This is particularly evident on West Quay, Ahuriri, and also…

Amend INTRODUCTION TO RULES - 56.5 …

Add to 56.6 - INTRODUCTION TO RULES after 4.



5. Port Ahuriri Heritage Study by Jeremy Salmond – Ahuriri Advocacy Area / Character Areas

Group 1 Identifies individual buildings and streetscapes which are of prime importance to the

heritage of the City and must be protected. It includes:

ii) All buildings within the West Quay Waterfront Zone. Group 2 Identifies buildings that individually are of primary importance to the heritage of the City

and the protection of which is seen as reasonably able to be achieved. It includes:

iii) The Ellison and Duncan facade. Add new Group 3A heritage category. Group 3A Identifies buildings which contribute as a group, or by a recognised style, to the

character of Ahuriri. The Council will encourage the protection of this character. It includes: i) Buildings within the Ahuriri Advocacy Areas ( Iron Pot, Hardinge Road, Battery Road

and Coronation Street Character Areas) shown on the planning maps and in Appendix 13A.

Amend the Summary of Rules for Heritage and DISTRICT WIDE HERITAGE – ACTIVITY

TABLE, and any consequential re-numbering changes (green print is harmonisation with Hastings but included in this section for clarity) 56.7 Summary of Rules for Heritage


Rule 56.8 Repair and maintenance of a Group 1 or Group 2 a heritage item. Permitted 9X

Rule 56.9 Alteration, safety alteration, addition and/or demolition of a Group 3 heritage item (does not include Group 3A heritage items).

Permitted X

Rule 56.10 Internal alteration and internal safety alteration of a Group 2 heritage item. Permitted X

Rule 56.11 Internal or external alteration of a Group 3A heritage item. Permitted X Rule 56.12 External safety alteration to any Group 2 heritage item necessary for the

primary purpose of improving structural performance, fire safety or physical access.

Controlled X

Rule 52.123 Any permitted activity or controlled activity…… Restricted Discretionary

X

Rule 56.14 Internal or external safety alteration of any Group 1 heritage item necessary for the primary purpose of improving structural performance, fire safety or physical access.


X

Rule 56.135 External alterations (excluding safety alterations) and/or additions to a Group 2 heritage item.


X

Rule 56.146 Any subdivision, disturbance … Restricted Discretionary

X

Rule 56.157(a)

Internal and/or external alterations (excluding safety alterations), relocation and/or demolition of a Group 1 heritage item.

Discretionary X

Rule 56.157 (b)

…

Rule 56.17(c)

Demolition or relocation ,excluding partial demolition, of a Group 3A heritage item.

Discretionary X

Add the following rule to Permitted Activities

56.11 Internal or external alteration or redevelopment of a

Group 3A heritage item. The Council will restrict its discretion to the matters in Rule 56.13.



1. The internal or external alteration of a Group 3A Heritage Item is

a permitted activity provided that:

a) The internal or external alteration or redevelopment complies in all respects with the relevant conditions of the respective zone’s activity table and condition table.

Alteration: For the purpose of this rule, alteration means; Any change to, alteration to, or partial demolition of, any building, structure or site. In relation to a building or structure, it does not include general maintenance where that maintenance involves replacement with materials that are the same as the original materials of the building. Alteration does not include safety alteration works, which has a separate meaning in this Plan.

Add to Discretionary Activities as follows:


1. The following land uses are discretionary activities. A resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the relevant assessment criteria elsewhere in this Plan. The Council’s discretion is unrestricted.

a) The internal and/or external alteration (excluding safety

alterations), relocation and/or demolition of any Group 1 heritage item.

b) …

c) The demolition or relocation, excluding partial demolition, of a Group 3A heritage item.

Amend ASSESSMENT CRITERIA as follows:

3.4 Alteration, Addition, Relocation and/or Demolition of a Group 1 Heritage Item;

Demolition of a Group 2 Heritage Item; Demolition of a Group 3A Heritage Item; Any Disturbance of Land Within a Group 4 Heritage Item.

CHAPTER 58 – SIGNS

Amend 58.26 - CONDITION TABLE - SIGN AREA

Zone Maximum Sign Area Suburban Commercial; Foreshore Commercial

4.5m2

Estuary; Foreshore Reserve; River Conservation

0.3m2

Amend PRINCIPAL REASONS FOR RULES – 58.30 - REASON 14.

14. Sign Area Estuary and Foreshore Reserve Zones Both the Estuary Zone and the Foreshore Reserve Zone …

CHAPTER 64



CONTAMINATED SITES

Delete from Table in Rule 64.5 1.

CHAPTER 66 CODE OF PRACTICE FOR SUBDIVISION AND LAND DEVELOPMENT

Amend Minimum Lot Size Table to include the following zones:

ZONE MINIMUM LOT SIZE MAXIMUM DENSITY

Residential Environments

Northern Residential Zone No minimum lot size. (Refer to Rule 7.18)

1:250m2

(Refer to Rule 7.18)

Hardinge Road Character Zone No minimum lot size. (Refer to Rule 8.15)

1:150m2

(Refer to Rule 8.15)

Industrial Environments

West Quay Waterfront Zone No minimum lot size No density requirements

Marine Industrial Zone No minimum lot size No density requirements

…

Other Zones

…

Mixed Use Zone No minimum lot size. (Refer to Rule 25.18)

1:250m2 (Refer to Rule 25.18)

Amend Table of Minimum Lot Sizes as shown 6.1.2 Table of Minimum Lot Sizes - City of Napier District Plan

Former Shell Oil Site

2 Hardinge Road Lot 43 DP4661, and Pt Lot 1 DP23082.

Bulk Oil Storage Sites

14 Tu Atu Street 85 Battery Road 2 Bull Street

Pt Lot 6 DP9484 Pt Lot 4 DP9484 Pt Lot 1 DP7511 Lot 8 DP9484

Zone Minimum Lot Size (Net Site Area) Residential Environments Main Residential Zone …

…

Hardinge Road Character No minimum Northern Residential No minimum Commercial Environments … Industrial Environments … West Quay Waterfront Marine Industrial

No minimum lot size

Rural Environments … Open Space Environments Boat Harbour Zone 125m2 All open space zones other No minimum lot size Other Zones … Mixed Use

No minimum lot size



Delete Table of Minimum Lot Sizes – Ahuriri Section of the City of Napier District Plan

Table of Minimum Lot Sizes – Ahuriri Section of the City of Napier District Plan

Zone Minimum Lot Size (Net Site Area) Hardinge Road Residential Zone Battery Road Residential Character Zone Westshore Residential Zone West Quay Waterfront Zone Ahuriri Local Retail Zone Westshore Local Retail Zone Foreshore Commercial Zone Ahuriri Mixed Uses Zone Marine Industrial Zone

No minimum.

Estuary Zone No minimum, however subdivision must be necessary for esplanade reserve or revesting purposes only.

Foreshore Reserve Zone No minimum, however subdivision must be necessary for reserves purposes only.

Boat Harbour Zone 125m2. Sports Park Zone No minimum, however subdivision must be

necessary to meet the purpose and objectives of the zone only.

Scheduled Performance Site – Churches & buildings of Religious Worship on Scheduled Sites Number F5/01, F6/01, F7/01.

Minimum site area for residential activities of 300 m2. Also see Rule 16.1.2.1(d) of the Ahuriri Section for shape factor requirements.

Scheduled Performance Site – Maori Community Facilities on Scheduled Site Number F6/02

No minimum, however subdivision must be necessary for revesting purposes only. Also see Rule 16.2.2.1(c) of the Ahuriri Section for Esplanade Reserve requirements.

Ahuriri Airport Protection Zone No minimum. Insertions to Appendices Section of the City of Napier District Plan

Insert the following (Appendix 11) WEST QUAY BUILDING OUTLINE (previously Appendix 7 in the Ahuriri Subdistrict Plan)

Insert the following (Appendix 11A) WOOLSTORE BUILDING LEVELS (previously Appendix 15 in the Ahuriri Subdistrict Plan)



APPENDIX 11 WEST QUAY BUILDING

OUTLINE



APPENDIX 11A WOOLSTORE BUILDING LEVELS



APPENDIX 12 SCHEDULED SITES

Insert the following Scheduled Sites into the table.

Scheduled Site Reference No.

Sheet Number

Description

S124 F5 St Andrews Church 110 Charles Street, Westshore, Tn Sec 70 SO 5011, Church and Buildings of Religious Worship.

S125 F5 Westshore Holiday Camp, 1 Main North Road, Westshore; Lot 1 DP 6408

S126 F6 Maori Community Facilities, 846 Meeanee Quay; Tn Sec 5A Westshore Canoe Reserve

S127 F7 Wilson Hall (Ahuriri/Puterino Presbyterian Church) 32 Hardinge Road/Macaulay Street, Ahuriri, Tn Sec 480, Church and Buildings of Religious Worship.

Add the following designations to Appendix 12A

Designation Map Ref

Sheet no. Council File Ref

Purpose of Designations Requiring Authority

D107 H6;H7 3.15.3.2 Colenso High School Ministry of Education

D173 E5 3.15.3.2 Airport Purposes Hawkes Bay Airport Limited

D174 F5 3.15.3.2 Westshore School Ministry of Education

D175 F6 3.15.3.2 Port Ahuriri School Ministry of Education

APPENDIX 13 HERITAGE ITEMS

Insert the following Heritage Items into the table.

Ref No

NZHPT Reg No

NZHPT Category

Name Address Legal Description Heritage Group

Map Ref.

2 Ellison & Duncan Facade

1 Barry Street Lot 14 DP 24487 2 F6

3 1135 ii Fitzgerald House 6a Battery Road Lot 3 DP 3847 1 F7

4 1171 ii Shepherds Cottage 6 Battery Road Lot 2 DP 3847 Lot 1 DP 420640

1 F7

22 1136 ii (Former) Customhouse

1 Custom Quay Lot 3 DP 22454 2 F6

82 2792 & 5107

ii Knox Church & Hall 33 Hardinge Road Tn Sec 480 2 F7

143 1170 i Rothmans Building (Original Admin. Building)

1 Ossian Street Lots 1,2,4 DP 8332 Tn Secs 604, 606, & 607

1 F6



184 Buildings within the West Quay Waterfront Zone

(including but not limited to those listed)

West Quay

5 Customs Quay

9 Customs Quay

72 West Quay

60 - 68 West Quay

58 West Quay

56 West Quay

G01/1 – G03/1 Lever Street,

101/1- 107/1 Lever Street

201/1 – 216/1 Lever Street

48 West Quay

44 West Quay

40 West Quay

34-36 West Quay

Lot 2 DP 22454

Lot 4 DP 22454

Lot 1 DP 8768

TnSec 590,592,Pt 764,Lots 1&2 DP 11188 All DP 6028 Lot 2 DP 23010

Lot 1 DP 6122

Lot 2 DP 6122

Lot 1 DP321505

Pt Lot 4 DP 6122

Lot 2 DP 4951

Tn Sec 600

Lot 1 of Tn Sec 601

1 F6

185 Part Wrightsons Woolstore within the Ahuriri Local Retail Zone (see Appendix 15 11A)

4 20 Waghorne Street

2

186 Union Hotel Façade 3 Waghorne Street Lots 5 and 6 DP 6105 2 F6

187 Crown Hotel Facade

22 Waghorne Street Lot 1, Pt Lot 2 DP 3073, Lot 1 DP 6332, Lot 1 DP 11170 Lot 1 DP 432115

2 F7



APPENDIX 13A

Insert new Appendix 13A – Ahuriri Advocacy Area Maps – These are located in the Heritage Changes section.

APPENDIX 22 (b)

NAPIER CITY ROADING HEIRARCHY

Insert the following roads into APPENDIX 22(b)

APPENDIX 31

FINANCIAL CONTRIBUTION AREAS MAP

Amend Financial Contribution Areas map in Appendix 31 to include Northern Residential and Hardinge Road Character Zones.

CLASSIFICATION

ROAD NAME

ARTERIAL ROADS (BLUE) Bridge Street Hardinge Road Meeanee Quay Pandora Road Thames Street (Pandora Road – Severn Street) COLLECTOR ROADS (GREEN) Battery Road (Hardinge Road – Lever Street)

Section 2


PRACTICABLE BETWEEN THE NAPIER

AND HASTINGS DISTRICT PLANS

ITEM PAGE NUMBER

Natural Hazards…………………………………………………………………………………. 126

Network Utilities………………………………………………………………………………… 129

Renewable Electricity Generation…………………………………………………………….. 136

Activities on the Surface of Water……………………………………………………………. 145

Earthworks………………………………………………………………………………………… 159

Signs……………………………………………………………………………………………….. 178

Hazardous Substances (HASNO)……………………………………………………………… 185

Noise……………………………………………………………………………………………….. 218

Transport…………………………………………………………………………………………. 245

Subdivision……………………………………………………………………………………….. 272

Non-Rural Activities in Rural Zones and Non-Complying Activities………………….. 280

Definitions………………………………………………………………………………………… 304

Roof Surfaces…………………………………………………………………………………….. 312

Heritage including provisions for safety alterations of heritage items……………… 317

Temporary Activities……………………………………………………………………………. 326

Contaminated Sites……………………………………………………………………………… 332

Tyre Storage……………………………………………………………………………………… 339


Notified Plan Change 10 126 Natural Hazards

NATURAL HAZARDS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout

Amendments to City of Napier District Planning Maps

Amend Planning Maps A4 – A6, J1 – J5, and K4 – K8 to show the River Hazard Areas.

Amendments to Natural Hazards (chapter 62)

Add the following sub-heading within the 62.1 Introduction section under 3. Flooding Hazard

Flooding Hazard Area

Add the following words to the start of paragraph 3 under the heading 3. Flooding Hazard of the 62.1 Introduction section

This type of flooding is an effect ...

Add the following sub-heading and paragraph at the end of 3. Flooding Hazard in the 62.1 Introduction section

River Hazard Area

The effects of rising river levels cannot be as easily managed as ponding-style flooding covered by the Flooding Hazard Area. Areas identified within the River Hazard Area will be subjected to fast moving floodwaters during extreme weather events. With River flooding there is a high risk of loss of life if effects are not mitigated effectively. Due to the magnitude of the risk involved, the properties within the ‘River Hazard Area’ will be subject to more stringent controls than areas within the ‘Flooding Hazard Area’.

Amend method 4 as shown … Building Act 1991 2004 Add new rules and show any consequential re-numbering changes within 62.6 Summary of Rules for Natural Hazards


Rule 62.7 … Permitted 6

Rule 62.8 … Permitted 6

Rule 62.9 …. Permitted 6

Rule 62.10 Flood and River-related and Network Utilities works within the River Hazard Area. Permitted X



Rule 62.1011 Any new network utility …. Controlled X

Rule 62.1112 Any activity referred to in rules 62.7 to 62.1011 that ….. Restricted Discretionary

X

Rule 62.1213(a) Land development (including subdivision),…. Discretionary X

Rule 62.1213(b) Coastal …. Discretionary X

Rule 62.13(c)) Any activities within the River Hazard Area not already provided for. Discretionary x

Rule 62.1314 Any new building or structure… Prohibited X

Add new rules and show any consequential re-numbering changes in the District Wide Natural Hazards – Activity Table

PERMITTED ACTIVITIES


…

62.10 Flood and River-related and Network Utilities works within the River Hazard Area

The following are permitted activities in the River Hazard area:

1. Natural Hazard Mitigation Activities 2. Production Forestry for River Control Works 3. Construction Maintenance and Operation of Water intakes 4. Construction and maintenance of bridge structures 5. The removal, stockpiling and processing of river berm silt or other

river control or drainage works carried out by a local authority, exercising its powers, functions and duties under the Soil Conservation and Rivers Control Act 1941, or the Land Drainage Act 1908.

6. The operation, maintenance and minor upgrading of underground telecommunication and power lines and above ground lines including support poles

Provided that:

a) Activities shall generally be confined to daylight hours. b) The temporary or permanent storage or placement of materials

that have the potential to become flotsam or jetsam shall take place outside of the River Hazard Area.

c) All conditions in the relevant Activity and Condition Table for the underlying zoning, or in the case of network utilities Chapter 53 applies, can also be complied with.

The Council will restrict its discretion to the matters referred to in Rule 62.11, including the following: - Availability of alternative sites for the activity - Mitigation - The extent to which public safety can be

achieved - Assessment of the probability, magnitude

and consequences of the natural hazard event

- The type, scale and distribution of any potential effects from the natural hazard

- The extent to which verifiable new information from a suitably qualified professional demonstrates that any land within an area identified on the District Planning Maps or held within Council databases as potentially subject to a natural hazard is not under threat from the hazard concerned or that the hazard is negligible

…




1. Any activity referred to in Rules 62.7 to 62.1011 that does not comply with …..

…


62.12 13 Discretionary Activities 1. The following land uses are …

a) b)



c) Any activities within the River Hazard Area not already provided for. PROHIBITED ACTIVITIES

62.1214 Prohibited Activities …

Amend PRINCIPAL REASONS FOR RULES as shown

6. Network Utility Operations

…A resource consent will may be necessary for any new utility within the hazard areas identified in the Plan.

Add new reasons to PRINCIPAL REASONS FOR RULES as shown

7. Flood and River Related Works within the River Hazard Area

The rule differentiates between activities that should be located outside the River Hazard Area, and activities that must be located within the River Hazard Areas. This rule recognises that some activities are dependent on proximity to the River and cannot be located outside the River Hazard Area. This includes structures such as bridges, and water intakes, and flood protection works.

8. Any activity within the River Hazard Area not listed as ‘Flood and River Related

Works’ Areas identified within the River Hazards Area will be subjected to fast moving floodwaters during extreme weather events. This means there is a high risk of loss of life, if effects are not mitigated effectively. Due to the magnitude of the risk involved, namely that lives are at risk and significant material damage may occur, the properties within the ‘River Hazard Area’ will be subject to more stringent controls than areas within the ‘Flooding Hazard Area’. Essentially, if it is possible for a proposed activity to be located outside of the River Hazard Area, this shall be enforced.


Notified Plan Change 10 129 Network Utility Operations

NETWORK UTILITY OPERATIONS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Insert a new section at the start of Chapter 53 entitled “Introduction”

53.1 INTRODUCTION

Network Utilities are an essential part of the District’s infrastructure and their efficient and effective supply and maintenance is important for the functioning of the District and in facilitating and maintaining the health, safety and general wellbeing of its residents. Network Utilities include: water systems, sewerage and trade waste systems, storm water drainage systems, roading networks, railway networks, telecommunication and radio communication networks, electricity and gas transmission and distribution networks. This section of the District Plan applies to Network Utility Operators who do not wish, or are unable, to operate under the designation procedures of the Resource Management Act 1991. Under the Resource Management Act 1991, the Council is required to manage the effects of the use and development of Network Utilities on the environment, as it must for other land use activities. Given the essential role which Network Utilities perform, it is recognised that utility operators require certainty as to those works which can proceed without resource consent applications and those which do require consent. The District Plan provisions generally perform an enabling role where it provides for a wide range of works subject to performance standards. The provisions covering Network Utilities are set out within this stand-alone section of the District Plan, and provide for Network Utilities as District Wide Activities. Because many Network Utilities are lineal, and traverse many parts of the District, it is considered appropriate that a single set of rules are provided which apply across the District. Such rules may however be overridden by rules applicable throughout the City, relating to the management of effects, on matters such as those relating to traffic safety, heritage resources, infrastructural services, hazards etc. The National Environmental Standards are regulations made under the Resource Management Act 1991. Network Utilities that operate under a National Environmental Standard may be exempt from the rules of the District Plan. Alternatively, National Environmental Standards may alter the activity status of activities with this plan, and additional standards, matters for assessment and criteria may apply. The Council is responsible for applying and enforcing the provisions of National Environmental Standards.

Insert new Policy 53.2.7 53.2.7 Manage the reverse sensitivity effects of subdivision and land development within the

national grid transmission yard. Insert new Policy 53.2.8



53.2.8 Recognise the national significance and national, regional and local importance and benefits of the sustainable, secure and efficient provision of infrastructure associated with the operation, maintenance and upgrade of the National Grid.

Insert associated New Principal Reasons for Adopting Objective and Policies Policy 53.2.7 ensures that any proposed subdivision or land use considers the need for the ongoing maintenance and upgrading of existing network utilities through the creation of a buffer area. The National Policy Statement on Electricity Transmission requires councils to show a buffer area on Council map records for the National Grid transmission lines and to prevent buildings and sensitive activities from locating in the buffer area. This will provide for the continued operation and maintenance of transmission lines whilst ensuring the health and safety of the people and communities that they serve. In relation to Policy 53.2.8 the National Grid infrastructure plays a key role locally, regionally and nationally. It forms an essential part of the efficient functioning of the District and its maintenance and development contributes to the health, safety and well-being of residents. The national, regional or local benefit of having a sustainable, secure and efficient utility network must be recognised and provided for. Policy 1 of the National Policy Statement on Electricity Transmission, 2008 provides guidance on the benefits of a sustainable, secure and efficient National Grid. Insert four additional methods (7) to (10) into the Methods subsection (7) Napier District Plan Code of Practice for Subdivision & Land Development (8) Resource Management (National Environmental Standards for Electricity Transmission

Activities) Regulations 2009

(9) Resource Management (National Policy Statement on Electricity Transmission) 2009

(10) Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008

Insert four additional Principal Reasons for Methods

The Engineering Code of Practice for Subdivision and Land Development establishes guidelines for the design and construction of transport and service Infrastructure which can be used as a means of compliance with the Objectives, Policies and Rules of the District Plan. The National Environmental Standards (NES) for Electricity Transmission Activities Regulations 2009 sets out a national framework of permissions and consent requirements for activities on existing high voltage electricity transmission network (the national grid). The National Policy Statement on Electricity Transmission sets out the objective and policies to enable the management of the effects of the national grid including transmission lines and cables, stations and substations. This national policy statement also requires local authorities to identify high voltage transmission lines on their planning maps and a subsequent buffer corridor where specific land use activities are subject to additional controls. The National Environmental Standards for Telecommunication Facilities describe certain telecommunication activities that can occur without a resource consent, providing they meet specific terms and conditions. This NES has been written to provide for a nationally consistent planning framework for radiofrequency fields for telecommunication facilities and for low impact telecommunications infrastructure on road reserves.

Amend Summary of Rules Table as follows: Insert new Permitted Activities in the Summary of Rules for Network Utility Operations and renumber Chapter as appropriate




Rule 53.9 Telecommunication facilities permitted under the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 including roadside cabinets, and antennas on existing roadside structures such as light poles.

Permitted X

Rule 53.10 Within any part of the National Grid Transmission Yard the following activities: Specific Activities under the National Grid Wires (Conductors) Specific Activities around National Grid Support Structures

Permitted X

Rule 53.11 Earthworks within any National Grid Transmission Yard

Permitted X

Insert a new Restricted Discretionary Activity in the Summary of Rules for Network Utility Operations – renumber 53.16 Rule Number and Description Classification Page Number

Rule 53.16 Telecommunication facilities permitted under the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 including roadside cabinets, and antennas on existing Roadside structures such as light poles, not meeting the conditions specified in the NES.


X

Insert a new Non-Complying Activity in the Summary of Rules for Network Utility Operations – 53.18 Rule Number and Description Classification Page Number

Rule 53.18 Within any part of the National Grid Transmission Yard on any site in any zone:

- “Sensitive Activities” and other associated activities

- Any building or structure within the National Grid Yard that is not a permitted activity

- Any earthworks that do not comply with Condition 53.6

Non -Complying X

Insert the following advisory notes under the heading District Wide Network Utility Operations - Activity Table

ADVISORY NOTES The National Environmental Standards (NES) for Electricity Transmission Activities Regulations 2009. This NES sets out a national framework of permissions and consent requirements for activities on existing high voltage electricity transmission network (the national grid). Activities include the operation, maintenance and upgrading of existing lines. It does not apply to electricity distribution lines – these are the lines carrying electricity from regional substations to electricity users. These activities will continue to be covered by the District Plan Rules.



The National Policy Statement on Electricity Transmission 2009

This national policy statement requires local authorities to identify the high voltage transmission network on district planning maps and to identify a subsequent buffer corridor where specific land use activities are subject to additional controls.

National Environmental Standards (NES) for Telecommunication Facilities Regulations 2008

This NES permits (subject to conditions) low impact neighbourhood telecommunication facilities (i.e. equipment cabinets, and antennas placed on existing structures such as light poles) at the roadside on legal roads. Activities not meeting the conditions specified in the NES will become a Restricted Discretionary Activity in the District Plan, other than non-compliance with radiofrequency field requirements of the NES which requires resource consent as a Non-Complying activity under Regulation 4(6).

The District Plan will continue to set rules and resource consent requirements governing the size and location of all other telecommunication facilities not covered by the NES.

Amend Activity Table as follows PERMITTED ACTIVITIES Matters the Council will restrict its

discretion to for restricted discretionary activities.

…. 53.9 Telecommunication facilities permitted under the Resource

Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 including roadside cabinets, and antennas on existing roadside structures such as light poles.

53.10 Within any part of the National Grid Transmission Yard the following activities are permitted activities

Under the National Grid Wires (Conductors): 1. For urban sites that existed prior to notification of the

proposed district plan, any accessory building that is not associated with sensitive activities.

2. In all zones:

a) Fences less than 2.5m high: b) Alterations and additions to existing buildings for

sensitive activities that do not involve an increase in the building envelope or floor space.

c) Uninhabitable farm buildings and structures for farming activities excluding intensive farming activities.

d) Uninhabitable horticultural buildings and structures. Activities around National Grid support structures: 3. Buildings and structures shall be more than 12m from a

National Grid support structure unless it is a:

a) Network utility within a transport corridor or any part of electricity infrastructure that connects to the National Grid Network utility.

b) Fence less than 2.5m in height. c) Horticultural structure between 8m and 12m from a

pole support structure that: i) Meet the requirements of New Zealand Electricity

Code of Practice for Electricity Safe Distances (NZECP 34:2001)

ii) Are no more than 2.5m in height. iii) Are removable or temporary, to allow a clear working

space 12m from the pole when necessary for maintenance purposes; and



iv) Allow all weather access to the pole and a sufficient area for maintenance equipment, including cranes.

53.11 Earthworks within any National Grid Transmission Yard.

Renumber Controlled activities from 53.912 … RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its


53.125 Network Utility Operations Not Complying With Conditions

…

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: ….

53.16 The following network utility operations are restricted discretionary activities. A resource consent application must be made and consent may be declined or granted with or without conditions.

1. Telecommunication facilities permitted under the Resource

Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 including roadside cabinets, and antennas on existing roadside structures such as light poles, not meeting the conditions specified in the NES.


53.137 …

Add new Activity Status NON-COMPLYING ACTIVITIES

53.18 The following network utility operations within any part of the National Grid Transmission Yard on any site in any zone:

1. Any new building for a sensitive activity. 2. A change of use to a sensitive activity or the establishment of

a new sensitive activity. 3. Milking shed or buildings for intensive farming activities. 4 Any activities, buildings and structures within the National

Grid transmission Yard that:

a) Are within a height 10 metres below the lowest point of the conductor associated with a National Grid transmission line shown on the Planning Maps; and

b) Does not comply with the separation distance contained within NZECO34:2001.

5. Any building or structure within the National Grid

Transmission Yard that is not a permitted activity 6. Any earthworks that do not comply with Condition 53.6


53.149

Insert the following Explanatory Note at the end of the District Wide Network Utility Operations Activity Table (after Rule 53.19) Explanatory Note:



Where an activity requires resource consent because it is within the National Grid Transmission Yard then the application need not be publicly notified and need not be served on any affected party apart from Transpower New Zealand Limited who will be considered an affected party. Vegetation to be planted within the National Grid Transmission Yard should be selected and/managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees Regulations 2003). The New Zealand Electricity Code of Practice for Electrical Safe Distances (NZECOP34:2001) contains restrictions on the location of structures and activities in relation to transmission lines. Compliance with this code is mandatory. Compliance with this plan does not ensure compliance with NZEC34:2001. DISTRICT WIDE NETWORK UTILITY OPERATION – CONDITION TABLE Renumber from 53.1520 … Insert wording into Condition 53.29 (renumbered) 53.249 District Wide Rules 1. All network utility operations not in existence as at 11th November

2000 shall comply with the relevant rules of the following chapters of this Plan:

a) Chapters 52A and 56 to 66 (relating to Earthworks, Heritage,

Noise, Signs, Art Deco Quarter Signs, Trees, Transport, Natural Hazards, Hazardous Substances, Financial Contributions and the Code of Practice for Subdivision and Land Development).

Refer to the relevant Chapter(s) of this Plan.

Insert a new Condition into the District Wide Network Utility Operations – Condition Table – 53.31

53.31 Earthworks within any National Grid Transmission Yard

1. Around poles:

a) Are no deeper than 300mm within 2.2m of a transmission pole support structure or stay wire.

b) Are no deeper than 750mm between 2.2 to 5m from a

transmission pole support structure or stay wire.

Except that: Vertical holes not exceeding 500mm diameter beyond 1.5m from the outer edge of a pole support structure or stay wire are exempt from (i) and (ii) above

2. Around towers:

a) Are no deeper than 300mm within 6m of the outer

visible edge of a transmission tower support structure; and

b) Are no deeper than 3m between 6 to 12m from the

outer visible edge of a transmission tower support structure.

3. Anywhere within the National Grid Transmission Yard




Add the following to the Section 68 “Definitions”

National Grid Transmission Line: means lines for conveying electricity at a voltage equal to or exceeding 110 kV. National Grid Transmission Yard: means

- the area located 12m in any direction from the outer edge of an electricity transmission support structure and;

-the area located 12m either side of the centreline of an overhead electricity transmission line. Note: The centre line at any point is a straight line between the centre points of the two support structures at each end of the span. Sensitive Activities: means the following activities where they occur within the NATIONAL GRID TRANSMISSION YARD; DWELLING UNIT, DAY CARE CENTRE, PAPAKAINGA, RETIREMENT COMPLEX, SEASONAL WORKERS ACCOMMODATION, TRAVELLERS ACCOMMODATION, EDUCATION FACILITIES and HEALTH CARE CENTRES. Intensive Farming Activities: means (a) the production of commercial livestock in buildings or in outdoor enclosures where for the

majority of the lifecycle of the animal on a particular site, the stocking density precludes the maintenance of pasture or ground cover; or

(b) land and buildings used for the commercial boarding and/or breeding of cats, dogs and other domestic pets; or

(c) mushroom farming; or (d) growing crops indoors in pots and/or on a permanent floor.


Notified Plan Change 10 136 Renewable Energy Generation

Renewable Electricity Generation NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Insert new Chapter

Chapter 53A RENEWABLE ELECTRICITY GENERATION 53A.1 INTRODUCTION In response to climate change, the New Zealand Government has set a target for 90% of the country’s electricity to be generated from renewable resources by the year 2025. To achieve this, a National Policy Statement for Renewable Electricity Generation (2011) (‘the NPS’) has been put in place. This District Plan must give effect to the NPS. It is recognised that to achieve the target, New Zealand will require significant development of renewable electricity generation activities along with the protection of output from existing activities. This is further reinforced by Section 7(j) of the Act which requires Council to have particular regard to the benefits derived from the use and development of renewable energy. As defined by the NPS, and for the purposes of this District Plan, renewable electricity generation means the generation of electricity from solar, wind, hydro-electricity, geothermal, biomass, tidal, wave or ocean current energy sources. Renewable electricity generation activities mean the construction, operation and maintenance of structures associated with renewable electricity generation. This includes small and community-scale distributed renewable generation activities and the system of electricity conveyance required to convey electricity to the distribution network and/or the national grid and electricity storage technologies associated with renewable electricity. This section recognises that renewable energy is an essential resource, and sets direction for activities that convert natural resources into electricity, this section inter-relates with the activities enabled for network utility operators in Section 53.

53A.2 SIGNIFICANT RESOURCE MANAGEMENT ISSUES The following resource management issues have been identified as significant within

Napier City in respect of renewable energy generation activities. 53A.2.1 Developing sustainable energy

The use of energy is of fundamental importance to the function and development of our society. The Resource Management Act 1991 (RMA) definition of “natural and physical resources” includes energy and, as a consequence, the development and use of energy resources must be addressed by the District Plan.

53A2.2 Managing environmental impacts



While electricity is critical to the efficient functioning of our communities, the development

of generation facilities has the potential to both adversely and positively affect the environment. Depending on the type of generation facility developed, these effects can occur at a local level through to the global level. Global level adverse effects can arise from generation facilities that release greenhouse gases, whereas renewable electricity generation facilities can result in positive global effects.

OBJECTIVES, POLICIES AND METHODS Objective 53A.3 To enable the sustainable use and development of renewable resources for electricity generation across the City. Policies To achieve this objective the Council will: 53A.3.1 Recognise that the use and development of renewable resources for electricity generation

has particular benefits to the long term environmental sustainability of Napier City.

Principal Reasons for Adopting the Objective and Policy The use of renewable energy resources can: maintain or enhance electricity generation capacity while avoiding, reducing or displacing greenhouse gas emissions; maintain or enhance the security of electricity supply at local, regional and national levels by diversifying the type and/or location of electricity generation; assist in meeting international climate change obligations; and avoid or reduce reliance on fossil fuels for the purpose of generating electricity.

Objective 53A.4 To enable renewable electricity generation while managing the adverse effects. Policies To achieve this objective the Council will: 53A.4.1 Provide for the identification, investigation, establishment, development, upgrading,

operation and maintenance of new and established renewable electricity generation facilities.

53A.4.2 Manage existing and new renewable electricity generation activities in association with

any environmental constraints. 53A.4.3 Provide for small and community-scale distributed renewable electricity generation

facilities. 53A.4.4 Protect renewable electricity generation activities from reverse sensitivity effects.

Principal Reasons for Adopting Objective and Policies

Meeting or exceeding the 90% national target for the generation of electricity from renewable resources will require the significant development of renewable electricity generation activities. Investigation, identification and assessment of potential sites and energy sources for renewable energy generation will be supported by rules in this Plan. Maintenance of the generation output of renewable electricity generation activities can require protection of the assets, operational capacity and continued availability of the renewable energy resource.



It is practical to locate renewable electricity generation activities close to the renewable energy resource. There are also logistical and/or technical practicalities associated with developing, upgrading, operating or maintaining renewable electricity generation activities. Necessary associated structures and infrastructure may include roads, telecommunication structures and facilities, the distribution network and the national grid (and connection to it). Development and operation of existing and new renewable electricity generation activities need to be balanced against other important factors concerning the sensitivity of the landscape, and areas of cultural, historical or ecological importance.

Development and operation of small and community-scale distributed renewable electricity generation facilities where the benefits are local and significant adverse environmental effects are avoided, remedied or mitigated, will be provided for through rules and associated performance standards.

Renewable electricity generation activities need to be protected from sensitive activities locating in close proximity to them and compromising their ability to operate. This can be addressed firstly by the consideration of buffer areas and boundary setbacks when the renewable electricity generation activity is established.

Methods

(1) District Plan Rules. (2) Resource Management (National Environmental Standards for Electricity

Transmission Activities) Regulations 2009

(3) Resource Management (National Policy Statement on Electricity Transmission) 2009

(4) New Zealand Code of Practice For Electricity Safety Distances 2001 (NZECP

34:2001) (5) National Policy Statement For Renewable Energy Generation Principal Reasons for Methods The District Plan recognises the importance of renewable energy. This needs clear identification within the Plan. Through district plan rules, these operational requirements can be identified, while any adverse effects can be managed through the resource consent process. The National Environmental Standards (NES) for Electricity Transmission Activities Regulations 2009 sets out a national framework of permissions and consent requirements for activities on existing high voltage electricity transmission network (the national grid).

The National Policy Statement on Electricity Transmission sets out the objective and policies to enable the management of the effects of the national grid including transmission lines and cables, stations and substations. This national policy statement also requires local authorities to identify high voltage transmission lines on their planning maps and a subsequent buffer corridor where specific land use activities are subject to additional controls.

The Electrical Code of Practice (Code) sets minimum safe electrical distance requirements for overhead electric line installations and other works associated with the supply of electricity from generating stations to end users. The minimum safe distances have been set primarily to protect persons, property, vehicles and mobile plant from harm or damage from electrical hazards.

The Policy Statement For Renewable Energy sets out an objective and policies to enable the sustainable management of renewable electricity generation. The proportion of New Zealand’s electricity generated from renewable energy sources needs to increase to a level that meets or exceeds the New Zealand Government’s 90% national target for renewable energy generation.


The benefits of the City’s renewable energy resources and the electricity generation facilities that utilise such resources are recognised (locally, and/or regionally/nationally) in



the sustainable management of the City’s resources.

A range of renewable electricity generation initiatives are supported by the District Plan’s objectives, policies and provisions, in a manner that integrates with the protection of the City’s amenity.

The City’s communities can be self-sufficient in energy, and can meet the majority of their electricity needs from a diverse range and scale of renewable energy resources.

Individuals and communities can choose to generate their own electricity from renewable energy resources.

RULES

All rules contained in Chapter 53A apply throughout the City and over-ride the specific zone rules (except for above ground operations in the Airport Zone) and other district wide rules, unless otherwise stated in this Chapter.

53A.6 Summary of Rules for Renewable Electricity Generation Activities The following is a quick reference guide that summarises the Rules Table. It is intended as a guide only and should not be used in place of the Activity Table and Condition Table elsewhere in this Chapter.


Rule 53A.6.1 Domestic scale renewable electricity generation activities including solar panels, wind turbines, electric vehicle charging points

Permitted

Rule 53A.6.2 Domestic scale renewable electricity generation activities not meeting the specific conditions in the Condition Table.


Rule 53A.6.3 New or expanding renewable electricity generation activities including (but not limited to) Wind turbines, Windmills, Wind Power Generators; Solar Power (excluding panels on dwellings); Hydroelectric Power; Geothermal, Biomass, Biogas.

Discretionary

Rule 53A.6.4 Any renewable electricity generation activity not otherwise covered by Rules 53A.6.1, 53A.6.2, 53A.6.3 or the rules in Section 53 Network Utilities.

Non Complying

DISTRICT WIDE RENEWABLE ELECTRICITY GENERATION ACTIVITIES - ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion

to for restricted discretionary activities. 53A.6.1 Domestic scale renewable electricity activities including:

(i) Solar panels attached to dwellings, commercial and industrial buildings,

(ii) A single wind turbine per site, (iii) A single electric vehicle charging point per site, and (iv) Electric vehicle charging points provided in public road reserve

Which comply with the Conditions specified in the Condition Table

The Council will restrict its discretion to the matters referred to in Rule 53A.6.2




53A.6.2 Domestic scale renewable electricity generation activities not complying with conditions.

1. Any domestic scale renewable electricity generation activity referred

to in rule 53A.6.1 that does not comply with all of the relevant conditions in the Activity Table and Condition Table is a Restricted Discretionary activity, unless stated by a rule elsewhere in this Chapter.


the Activity Table and/or Condition Table only insofar as those matters result directly from non-compliance with the particular condition.


- The matters set out in Chapter 1.6.5. - The assessment criteria specified in section

53.6.12 where applicable.


53A.6.3 Discretionary Activities 1. The following are discretionary activities. A resource consent

application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in this Chapter. The Council’s discretion is unrestricted. New or expanding Renewable Electricity Generation Activities including (but not limited to): (i) Wind turbines, windmills, wind power generators (ii) Solar Power (excluding panels on dwellings) (iii) Hydroelectric power (iv) Geothermal, biomass, biogas

NON COMPLYING ACTIVITIES

53A.6.4 Non Complying Activities Any Renewable Electricity Generation Activity not otherwise covered by Rules 53A.6.1, 53A.6.2, 53A.6.3, or the rules in Section 53 Network Utilities.


53A.6.5 Prohibited Activities 1. There are no renewable energy activities that are a prohibited

activity.

DISTRICT WIDE RENEWABLE ELECTRICITY GENERATION ACTIVITIES – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


53A.6.6 Building Height The maximum height of all new buildings and structures shall meet the underlying Zone requirements including height in relation to boundary provisions where applicable.

Matters: - The effects on amenity values - The scale in relation to the surrounding

environment - The bulk and form of the building or structure - The effects of shading



53A.6.7 Yards All new buildings and structures shall meet the underlying zone setback requirements, including front yard setbacks, side, rear and/or other yard setbacks.

Matters: - The existing streetscape and protection from

road frontage domination - The effects of shading and visual dominance on

adjoining uses - The effects on amenity values.

53A.6.8 Noise All activities shall comply with the underlying zone noise provisions and/or the provisions of Section 57 of the District Plan on Noise where relevant .

Matters: - The sound level likely to be generated. - The nature and frequency of the noise including

any special audible characteristics. - The compatibility within the neighbourhood. - The effects of noise on amenity values. - The length of time for which specified noise



generation.

53A.6.9 Light Spill All external lighting spill shall comply with the provisions of the relevant underlying zone provisions for acceptable lux levels.

Matters: - The orientation, strength intensity, colour and

frequency of any light. - The effects on traffic safety. - The effects on pedestrian safety. - The effects on amenity values. - The effects on the health, safety, security and

wellbeing of people.

53A.6.10 District Wide Rules 1. All renewable energy operations shall comply with the relevant

rules of the following chapters of this Plan:

a) Chapters 56 to 66 (relating to Earthworks, Heritage, Noise, Signs, Art Deco Quarter Signs, Trees, Transport, Natural Hazards, Hazardous Substances, Financial Contributions and the Code of Practice for Subdivision and Land Development). Refer to the relevant Chapter(s) of this Plan


53A.6.11 Reinstatement 1. Where work is undertaken underground or above ground for

the purposes of installing, maintaining, upgrading or removing renewable energy operations, the person or organisation responsible for the work shall restore the ground (and any underground services damaged during the work) at the completion of the work, to the condition existing prior to commencement of the works as far as practicable, and in terms of any approvals obtained from the Council.

Matters: - The effects on amenity values. - The effects on heritage values. - The effects on public health and wellbeing. - The effects on efficiency and safety of roads. - The prominence of the location, taking into

account any significant public views and any significant landscapes.



ADVISORY NOTE: Notice of Works 1. Where any work is to be undertaken in, or on, a road, road

reserve, other reserve land or other land owned or controlled by the Council, the person or organisation responsible for the work shall:

a) Advise the Council of the work in accordance with any

statutory requirements stipulated in the various utility empowering acts, but generally at least a minimum of 10 working days in advance of undertaking the work.

b) Obtain a road opening notice in terms of “Specification for

Service Maintenance Operations and New Service Installations within Road Reserve (Including Trench Excavation and Reinstatement) before any work is carried out on road reserve.

NOTE: This notice of works shall not apply to any work undertaken

as a result of an emergency or disaster, or where the person or organisation considers there could be a risk to life or property.

53.6.12 ASSESSMENT CRITERIA

Discretionary activity and restricted discretionary rules refer to assessment criteria to assist the Council in considering resource consent applications. The Council will have regard to the Assessment Criteria outlined below for network utility operations when considering an application under Sections 104 and 105 of the Act.

1. Restricted Discretionary Activities

For Restricted Discretionary Activities, the following criteria identify those matters which Council has restricted its discretion over in assessing Resource Consent applications:

(a) The extent to which the adjacent properties will be adversely affected in terms of visual

domination, overshadowing, loss of privacy and loss of access to sunlight and daylight, and the ability to mitigate any adverse effects; and

(b) The character, level and duration of noise as received at the boundary, or notional

boundary of another site; and (c) If applicable the extent to which the activity may adversely affect the District Plan

identified heritage item, significant landscapes within the City as identified in the Napier City Landscape Assessment, and areas of significance to Maori.

2. Discretionary Activities

For Discretionary Activities, Council’s assessment is not restricted to the following matters, but may consider the following where relevant:

(a) The contribution the proposal will make to Central Government energy policy objectives

and renewable energy targets. (b) The contribution the proposal will make to the security of supply and increased energy

independence for the communities of Napier City. (c) Any other benefits or positive effects that the project is able to demonstrate. This may

include adding to and diversifying the City’s generation base, increased network resilience, reduced grid investment, local industry development, and price security for the



local community. (d) The actual and potential noise effects of the proposal, and the ability (if relevant) to meet

NZS 6808:2010 Acoustics Wind Farm Noise, and other relevant standards such as NZS 6802:1991 "Assessment of Environmental Sound".

(e) The actual and potential effects of the proposal, with particular consideration of the

following:

(i) The effects on outstanding or significant landscapes within the City as identified in the Napier City Landscape Assessment;

(ii) The extent to which the proposal will impact on the natural character of the coastal

environment and rural environment; (iii) The extent to which the proposal will adversely impact on cultural values, and areas

of significance to Maori; (iv) The extent to which the proposal will adversely impact on dwellings, key public

places including major roads and recreation areas; (v) The extent to which any aspects of the proposal can be sited underground where

practicable.

(f) The effect of the overall scale of the proposed development, including the number of structures, their height, the visual effect of the development as a whole, staging of the development and temporary effects as a result of construction.

(g) The extent to which the proposal will affect amenity values of the surrounding environment

with particular regard being given to the impact of the development on residential dwellings, including consideration of any potential adverse effect on amenity values discernible at the dwelling including:

(i) Electromagnetic interference to broadcast or other signals; (ii) If wind turbines are involved, blade glint resulting from the reflection of the sun from

the turbine blades; (iii) If wind turbines are involved, shadow flicker resulting from sunlight on the rotating

blades casting a shadow that rapidly moves across the windows of a dwelling within 10 rotor diameters distance of a turbine.

(h) The extent of the ecological effects of the proposal, in particular:

(i) The extent to which significant indigenous vegetation and significant habitats of indigenous fauna are affected.

(ii) The potential effects on birds or other fauna, either migratory species or resident

populations on site; (iii) The sensitivity of the site to disturbance; (iv) The extent of any proposed earthworks and the degree to which runoff and the

effects on local catchments can be managed. (i) The effects on archaeological sites, heritage and cultural values, including areas of

significance to Maori.



(j) The effects of the proposal on traffic safety including air traffic safety (including blade glint and shadow flicker if involving wind turbines).

(k) The effects of traffic and vehicle movements as a result of the proposal and the extent that

traffic or site management plans can be implemented to mitigate effects. (l) The extent to which the activity may exacerbate or be adversely affected by natural

hazards. (m) The extent of any required earthworks, including access tracks, roads and building

platforms and the rehabilitation proposed. (n) The extent to which any adverse effects can be mitigated by the following:

(i) Alternative siting of the structure(s) including any ancillary structure(s); (ii) Alternative design of the structure(s) including any ancillary structures(s); (iii) Alternative colour of the structure(s) including any ancillary structures(s).

(o) The electromagnetic effects of the proposal, including effects on existing telecommunications.

Add to Definitions Section Renewable Energy: Has the same meaning as the Resource Management Act 1991 and any

subsequent amendments.


Notified Plan Change 10 145 Activities on the Surface of Water

ACTIVITIES ON THE SURFACE OF WATER CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Addition of new Activities on the Surface of Water chapter (Chapter 62A) Insert the following chapter (62A) under the District Wide Rules tab following the Natural Hazards chapter (chapter 62)

Chapter 62A ACTIVITIES ON THE SURFACE OF WATER – RULES

62A.1 INTRODUCTION

Activities on the surface of water are jointly controlled by the Napier City Council, Hastings District Council, the Hawke’s Bay Regional Council and Maritime New Zealand. In terms of activities on the surface of the water, Napier City Council takes a regional view as to the waterbodies that are suitable for certain types of activities. While the Regional Council is primarily responsible for controlling surface of water activities in the Coastal Marine Area, the District Council’s functions include the control of any actual or potential effect of activities in relation to the surface of inland waters. These effects can include loss of water quality, conflict between activities in relation to water bodies and impacts on ecological systems and habitats.

Several authorities have duties and powers relating to the regulation of the use of waterbodies. Under the Resource Management Act 1991, the Regional Council is responsible for the management of water quality and quantity, structures on the bed of waterways and, under the Local Government Act, the responsibility to promote safety as well as the power to write and enforce bylaws for navigational safety in all waterways within the Region. The Harbour Master also has duties relating to navigation safety and the enforcement of any bylaws relating to navigational safety. The Maritime Transport Act 1993 established the Maritime Safety Authority, which was subsequently renamed Maritime New Zealand in 2005. The Crown entity is responsible for the promotion of safety, enforcing standards, and the investigation of accidents or incidents on the water.

Part 91 of the Maritime Rules establishes restrictions governing the control of activities on the surface of water outside of gazetted harbours relating to safety matters. These are enforced by Maritime New Zealand and enable enforcement of speed restrictions on all inland waterways including a 5 knot speed limit within 200 metres of the shore and within



50 metres of any other vessel, raft, or person in the water. In terms of the District Plan then, the important issue is what (if any) additional controls are required over and above those imposed by the aforementioned responsibilities. Largely the role of the District Plan is to enable consideration of public safety and to minimise conflicting uses when considering effects of activities on the surface of the water.

Napier City contains two rivers of significance. These are the Tutaekuri and the Esk River. The Napier City Council also controls the Ahuriri Estuary above the Coastal Marine Area Boundary. The recreational demands on these water bodies have resulted in the need for limited controls on some surface of water activities. Such controls relate to speed boating, jet and water skiing and the impacts these uses can have on other more passive pursuits such as rafting, boating, angling, game bird shooting, yachting and rowing, as well as on ecological systems and habitats.

Hastings District contains a number of rivers and lakes that have recreational, commercial, natural and cultural significance. The major recreational waters of this District include the Clive, Ngaruroro, Tukituki, Tutaekuri and Mohaka rivers and their contributory streams, and Lakes Tutira and Opouahi. Additional water bodies of significance in Hastings District include Lake Oinga, Lake Poukawa, the Esk River and the Karamu and Maraetotara Streams.

A regional approach to addressing issues associated with surface of water activities has been taken. As such, sections of the Ngaruroro, Mohaka and Clive Rivers have been identified as more suitable for motorised activities due to their more consistent water flow rates and their ease of navigation.

RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant within Napier City in respect of Activities on the Surface of Water.

62A.1.1 Surface of the Water activities contribute to the social and economic well being of the District’s communities.

A range of recreational and commercial activities utilise the Regions Rivers. Surface of Water Activities such as rafting, power boating and jet skiing provide social and commercial opportunities within the Region while a range of recreational water uses provide an essential function for the communities’ well being.

62A.1.2 Surface of Water Activities can have detrimental effects on the quality of the water resource and its flora and fauna. While the Regional Council has prime responsibility in maintaining water quality and quantity, some activities in certain locations can have harmful effects on aquatic ecosystems and the margins of waterbodies through inappropriate levels of activity. For example motor boats operating in shallow waters can have detrimental impacts on plant life and fish spawning sites.

62A.1.3 The use of the surface of water bodies by different activities can create conflicts between these activities or other uses occurring on land adjoining the water bodies.



As the range of activities occurring on water bodies increases, activities such as angling and power boating, can come into conflict with one another because of their different needs and the inability of these needs to be met compatibly when the activities occur at the same time on a water body.


Objective 62A.2 To enable the use of the surface of waterbodies for a range of recreational, commercial, cultural and water protection activities, while mitigating any adverse effects arising from that use. This objective relates to Issues 62A.1.1. and 62.A.1.3.

Policies To meet this objective the Council will:

62A.2.1 Segregate activities which are incompatible with particular water body environments, or with other activities occurring on the surface of water as far as practicable.


As conflicts can occur between different types of surface water activities, the safe and efficient management of the surface water resource requires that some standards be set in place to remove the potential risk to the safety of people participating in these activities. This is achieved by restricting the access of particular activities to certain water bodies in the District. In identifying which waterbodies are suitable for certain types of activities, the plan has also taken into account whether those activities will have any significant adverse effects on the waterbody.

Sections of the Ngaruroro, Mohaka, and Clive Rivers has been specifically set aside for Motorised Water Recreation Activities in the Region. These rivers are recognised as being suitable for these activities because of their more consistent water flow rates, and their ease of navigation. While none of these waterbodies are within Napier City, they are easily accessible for residents of Napier and are regularly used by Napier residents for this purpose.

Objective 62A.3 To maintain or enhance the natural character of rivers and their margins within the City from the significant adverse effects of surface water activities. This objective relates to Issue 62A.1.2. Policies To meet this objective the Council will:

62A.3.1 Ensure that surface water activities avoid, remedy or mitigate their adverse effects on other surface water activities, or activities adjoining the waterbodies.

62A.3.2 Mitigate adverse effects of Motorised Water Recreation Activities on the flora and fauna of waterbodies by limiting the frequency of activity and the time of year when it can occur (other than on selected sections of the Ngaruroro, Clive and Mohaka Rivers).




Many activities being undertaken on the Surface of Water are recreational and transitory in nature. This makes them difficult to regulate. Certain activities, particularly those using powered water craft can create a nuisance to other water users, and adjoining landowners. Hours of Operation for Activities on the Surface of Water will be used to reduce potential conflicts, in addition to segregating users onto different waterbodies.

The presence of motorised craft on surface water bodies can have detrimental effects on plant and animal life through noise disturbance, wave lap and/or physical contact particularly at certain periods of the year when water levels are low. To ensure the environment is not damaged, the frequency of access to these water bodies will be restricted, as well as the time of year when access can occur. Such restrictions do not apply on selected sections of the Ngaruroro, Clive and Mohaka Rivers, consistent with their gazetting under the Water Recreation Regulations, for the purpose of allowing small craft to exceed the 5 knot speed limit. The identification and unrestricted frequency of use of these defined sections of rivers for motorised water recreation activities is one method in which potential conflict between different surface of water activities, and adverse effects by such activities on the flora and fauna of other waterbodies, is largely avoided.

Methods


(2) National Coastal Policy Statement and Plan

(3) Hawke’s Bay Regional Resource Management Plan

(4) Hawke’s Bay Navigation Safety Bylaws 2012

(5) Hawke’s Bay Coastal Environment Plan

(6) Water Recreation Regulations 1979

(7) Reserves Act 1977


(1) Potential conflicts between surface of water activities and adjoining activities will be avoided, remedied or mitigated.

(2) A wide range of recreational, commercial and cultural activities will be able to utilise the District’s water resources.

(3) Maintain or enhance the natural amenity and intrinsic values of waterbodies.

RULES

All rules apply throughout the city but over-ride the relevant specific zone rules and district wide rules, unless otherwise stated.

62A.5 Summary of Activities on the Surface of Water Rules


Rule 62A.5(1)(a) Passive and non-motorised water recreation activities Permitted

Rule 62A.5(1)(b) Noxious flora and fauna control activities Permitted

Rule 62A.5(1)(c)

The use of motorised craft on all waterbodies carried out by a local authority or organisation exercising powers, functions and duties required as part of their responsibilities under any relevant statutory provisions.

Permitted



Rule 62A.6 Up to three temporary events per year, for non-commercial motorised water recreation activities on the Tutaekuri River

Controlled

Rule 62A.7 Surface of Water Activities Not Complying With Conditions Restricted Discretionary

Rule 62A.8(a) Commercial motorised water recreation activities. Discretionary

Rule 62A.8(b) Non-commercial motorised water recreation activities on the Esk River and Ahuriri Estuary above the Coastal Marine Area.

Discretionary

Rule 62A.8(c) The Fourth or any subsequent temporary events per year, for non-commercial motorised recreation activities on the Tutaekuri River.

Discretionary

DISTRICT WIDE ACTIVITIES ON THE SURFACE OF WATER – ACTIVITY TABLE

PERMITTED ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities

62A.5 Permitted Activities on the Surface of Water

1. The following uses are permitted activities on the Surface of Waterbodies:

a) Passive and non-motorised water recreation activities.

b) Noxious flora and fauna control activities

c) The use of motorised craft on all waterbodies carried out by a local authority or organisation exercising powers, functions and duties required as part of their responsibilities under any relevant statutory provisions.


62A.6 Up to three temporary events per year, for non-commercial motorised water recreation activities on the Tutaekuri River.

1. Up to three temporary events per year, for non-commercial motorised water recreation activities on the Tutaekuri River is a controlled activity, provided that:

a) Activities comply with the provisions of Chapter 57 of the District Plan on Noise (Note Rule 57.7 ‘Watercraft’).

b) The proposed activity is to take place as part of an organised temporary event.

c) The proposed event is to take place between August and

October (inclusive).

d) Activities take place between the hours of 8am and 11.30pm

e) The proposed event shall have a maximum duration of two days.

NOTE: Reference should also be made to the Regional Resource Management Plan as the Regional Council has responsibility for the management of the beds of rivers and lakes.

Where consent is also required from Hastings District Council, only one consent shall be obtained from either Napier City Council or Hastings District Council. The consenting authority


- Access and Carparking

- Where special events are to be held, access shall be located to ensure traffic safety is maintained. The provision of adequate carparking is also required, and Council will require information on the number of persons attending the event in order to assess what parking is to be provided

- In the opinion of The Hawke’s Bay Regional Council, the Fish and Game Council and or the Department of Conservation, that the predicted water level in river for the temporary event is high enough to mitigate the effects of that event.



shall liaise with the other Council to determine any conditions.


62A.7 Surface of Water Activities Not Complying With Conditions

1. Any use referred to in Rules 62A.4 to 62A. that does not comply with all of the relevant conditions in the Activities on the surface of water activity table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


- The extent to which the proposed activity may adversely impact on the intrinsic values of any significant landscape character and/or riparian area as well as the potential for the proposed activity to adversely impact on any cultural values.

- The extent to which alternative locations have been considered.

- The effects of the scale, character and nature of the activity on other Surface of Water Activities and its compatibility with activities adjacent to the waterbody.

- The actual and potential adverse effects of the surface water activity on the aquatic ecosystem, water body margins and any river control works.

- The extent to which the activity is identified with the locality and the contribution of the activities to the wider amenity and character of the area, as well as to the economic well being of the community.

- The ability of the roading hierarchy to accommodate any additional traffic generated by the activity.


62A.8 Discretionary Activities

1. The following uses are discretionary activities. A resource Consent Application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the matters listed above under 62A.10 for restricted discretionary activities. The Council’s discretion is unrestricted.

a) Commercial motorised water recreation activities.

b) Non-commercial motorised water recreation activities on the Esk River and Ahuriri Estuary above the Central Marine Area.

c) The Fourth or any subsequent temporary events per year, for

non-commercial motorised recreation activities on the Tutaekuri River.


62A.12 Prohibited Activities

1. There are no activities on the surface of water that are a prohibited activity.



62A.1 PRINCIPAL REASONS FOR RULES

1. Passive and non-motorised water recreation activities Although different activities occurring on water bodies can come into conflict with one another and with activities occurring on adjacent land, such activities have very minor effects on water quality, flora and fauna and are therefore unrestricted within any water bodies in the District.

2. Noxious flora and fauna control activities Usually carried out by the regional Council, these activities are permitted to allow removal and treatment of noxious plants without unnecessary delay.

3. The use of motorised craft on all water bodies carried out by a local authority or organisation exercising powers, functions and duties required as part of their responsibilities under any relevant statutory provisions. Activities carried out in accordance with legislated powers, functions and duties are deemed to have already had environmental effects assessed, in the process of developing that legislation. It is assumed that the benefits of these activities outweigh any costs and requiring consent for these activities is adding an unnecessary additional layer of regulation.

4. Temporary events Motorised water recreation activities on the Tutaekuri River are not encouraged because the characteristics of the river mean that it is highly susceptible to damage from such activities. However, it has been deemed that if events are well organised and Council has control of timing of such event, their duration and hours of operation, three of these events could occur per year without an intolerable level of effects.

5. Commercial motorised water recreation activities. Commercial motorised water recreation activities have potential to generate detrimental environmental effects on water quality, flora and fauna. Additionally, the activity can have effects on amenity and cultural values associated with the river. Commercial Activities are considered Discretionary Activities so that a full assessment of effects can take place and consent can be declined if necessary.

CONSEQUENTIAL AMENDMENTS

Delete provisions from the Summary of River Conservation Zone Rules table in the River Conservation Zone chapter (chapter 47) as follows, and make any subsequent re-numbering changes.


47.2.1(c) Passive and non-motorised water recreation activities. Permitted 2

47.2.1(e)

The use of motorised craft on all waterbodies carried out by a local authority or any other organisation excising powers, functions, and duties required as part of their responsibilities under any relevant statutory provisions.

Permitted 2

47.6 Non-commercial motorised recreational activities on the surface of water of water bodies.

Controlled 3

47.8.1(a) Commercial motorised water recreation activities. Discretionary 4



47.8.1(b) Non-commercial motorised water recreation activities on the Esk River. Discretionary 4

47.8.1(c) The fourth and subsequent temporary activity of non-commercial motorised water recreational activities.

Discretionary 4

Delete provisions from the River Conservation Zone – Activity Table in the River Conservation Zone chapter (chapter 47) as follows, and make any subsequent re-numbering changes.



1. The following land uses are permitted activities provided that the land use complies in all respects with the relevant conditions in the River Conservation Zone activity table and condition table.

a) …. b) …. c) Passive and non-motorised water related recreation activities. d) …. e) The use of motorised craft on all waterbodies carried out by a

local authority or any other organisation exercising powers, functions, and duties required as part of their responsibilities under any relevant statutory provisions.

f) ….



47.6 Non-Commercial Motorised Recreational Activities on the Surface of Water Bodies.

1. Non commercial motorised recreational activities on the surface of

water bodies is a controlled activity provided that: a) It is not a commercial activity. b) It does not occur on the Esk River. c) On the Tutaekuri River:

i) It takes place as part of an organised temporary activity that does not exceed 2 days in duration.

ii) It takes place between August and October (inclusive). iii) It is not the fourth or subsequent temporary activity per year to

occur on the Tutaekuri River. iv) The activity carried out on the surface of water and ancillary

land uses carried out on adjacent land must not be carried out between 2330 hours and 0800 hours the following day.

2. It complies in all respects with the relevant conditions in the River

Conservation Activity Table and Condition Table. 3. Applications for resource consent will not be publicly notified in

respect of non-commercial motorised recreational activities on the surface of water bodies that fully complies with the standards and terms, and notice of applications need not be served.

NOTE: Reference should also be made to the Regional Resource

Management Plan as the Regional Council has responsibility for the management of the beds of rivers and lakes.

Matters: - The effects on conservation values. - The effects on amenity values. - Ecosystems including aquatic flora and

fauna. - The date, time and frequency of the activity. - Any cumulative effects on the environment

including amenity values arising from activities on the surface of water.

- Access and vehicle parking.






a) Commercial motorised water recreation activities.

b) Non-commercial motorised water recreation activities on the Esk River.

c) The fourth and subsequent temporary event of non-commercial motorised water recreational activities.

d)a) Any land use not specifically provided for elsewhere in this Chapter as a prohibited activity, a permitted activity, a controlled activity, or a restricted discretionary activity.

Amend Rule 54.5 in the District Wide Temporary Events – Activity Table under the Temporary Activities chapter (chapter 54) as shown.


54.5 Carnivals Circuses, Exhibitions, Festivals, Filming, Meetings, Parades, Recycling Depots, Sporting Events

1. Unless otherwise specified by a rule in the Plan, any temporary activity for such purposes as ….

….

Amend the Chapter 5 Main Residential Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 5.33 Activities on the Surface of Water



Amend the Chapter 6 Napier Hill Character Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 6.37 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 7 Northern Residential Zone Conditions Table to include Activities on Surface of Water and renumber accordingly



7.38 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the

Surface of Water) of this Plan must be complied with.


Amend the Chapter 8 Hardinge Road Character Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 8.32 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 9 Marewa Art Deco Character Zone, Marewa State Housing Character Zone, Te Awa Bungalow Character Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 9.35 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 10 Marine Parade Character Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 10.33 Activities on the Surface of Water



Amend the Chapter 11 Western Hills Residential Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 11.34 Activities on the Surface of Water



Amend the Chapter 15 Inner City Commercial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 15.25 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 17 Fringe Commercial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 17.28 Activities on the Surface of Water



Amend the Chapter 18 Suburban Commercial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly



18.32 Activities on the Surface of Water



Amend the Chapter 18A Foreshore Commercial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 18A.31 Activities on the Surface of Water

1. The relevant provisions of Chapter 62A (Activitie s on the Surface of Water) of this Plan must be complied with.


Amend the Chapter 19 Large Format Retail Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 19.29 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 23 Main Industrial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 23.29 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 24 Suburban Industrial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 24.30 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 26 West Quay Waterfront Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 26.34 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 26A Marine Industrial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 26A.28 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 27 Business Park Zone Conditions Table to include Activities on Surface of Water and renumber accordingly



27.30 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activ

ities on the Surface of Water) of this Plan must be complied with.


Amend the Chapter 28 Port Industrial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 28.27 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 30 Wastewater Treatment Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 31.32 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 34 Main Rural Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 34.38 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 35 Rural Residential Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 35.37 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 36 Rural Commercial Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 36.23 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 37 Rural Conservation Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 37.28 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 37A Jervoistown Zone Conditions Table to include Activities on Surface of Water and renumber accordingly






Amend the Chapter 38 Rural Settlement Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 38.31 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 38A Lifestyle Character Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 38A.32 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 42 Boat Harbour Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 42.27 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 43 Estuary Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 43.23 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 44 Foreshore Reserve Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 44.28 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 45 Marine Parade Recreation Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 45.27 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 46 Reserve Zone Conditions Table to include Activities on Surface of Water and renumber accordingly



46.25 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the Surface



Amend the Chapter 47 River Conservation Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 47.24 Activities on the Surface of Water



Amend the Chapter 48 Sports Park Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 48.24 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 50A Mixed Use Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 50A.51 Activities on the Surface of Water 1. The relevant provisions of Chapter 62A (Activities on the



Amend the Chapter 51 Airport Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 51.32 Activities on the Surface of Water



Amend the Chapter 52 Tertiary Education Zone Conditions Table to include Activities on Surface of Water and renumber accordingly 52.31 Activities on the Surface of Water




Notified Plan Change 10 159 Earthworks

EARTHWORKS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Insert the following new Chapter 52A after Chapter 52

Chapter 52A EARTHWORKS – RULES

In respect of the Napier District Plan, the Code of Practice for Subdivision and Land Development must be read in conjunction with this Chapter. Land development in the Napier Plan (including the Code of Practice for Subdivision and Land Development) includes earthworks.

52A.1 INTRODUCTION

Earthworks involve the disturbance of land by moving, removing, placing or replacing earth, or by excavation, cutting, scraping, filling or backfilling. It can include, for example, the creation of building platforms for housing, the creation of vehicle access onto sites, or the preparation of silage pits for farming activities. When land contours are disturbed or altered through earthworks, this can have significant environmental effects on: The surface drainage patterns of land, Visual amenity values, Soil erosion potential, The life-sustaining capacity of soils, The disturbance of ecosystems, watercourses and waterbodies The disturbance of areas of natural, cultural and heritage values, and The safety of people and the community where earthworks could cause subsidence,

slippage or inundation of land. While Section 5 of the Resource Management Act 1991 provides for natural and physical resources to be utilised for community benefit, it clearly requires that such utilisation be in a form that protects resources for future generations, safeguards the life supporting capacity of air, water, soil and ecosystems, and avoids, remedies or mitigates adverse environmental effects. The Plan is not intended to prevent earthworks, but is intended to control such activities so that sediment runoff and dust created during the process is minimised, that revegetation of the earthworked area occurs and the visual impact following the work does not significantly detract from the visual amenity of the area.

52A.2 RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant within Napier City in respect of Earthworks.



52A.2.1 Earthworks can affect surface drainage patterns on land. Where land is modified as part of earthworks this has the potential to alter the manner in which water passes over the land. Natural flow paths of streams or runoff areas can be altered as a result of re-contouring or re-shaping of natural ground levels. This has the potential for water to find a new path which may be detrimental to land uses and activities not usually subject of overland flows of water. This also has the potential to negatively affect neighbouring properties.

52A.2.2 Inappropriate earthworks can negatively impact on visual amenity. A large scale earthwork has the potential to irrevocably scar the landscape if undertaken without the necessary controls to mitigate against adverse effects. Without the ability to re-establish vegetation on, or over, modified land, the visual effects can be a dominant feature on the landscape for many years resulting in a degradation of amenity.

52A.2.3 Earthworks can disturb ecosystems, waterbodies and watercourses

Any disturbance to land or land that borders a stream, estuary or any other natural ecosystem has the potential to adversely affect the biodiversity of those areas. It is therefore imperative that the location and management of earthworks is controlled through rules in the Plan.

52A.2.4 Earthworks can disturb areas of natural, cultural and heritage values A possibility exists for the presence of archaeological sites associated with pre-1900

human activity throughout the City. Any such sites, both recorded and unrecorded, are controlled under the Historic Places Act 1993. The development process can have a major influence on the heritage of a City. The Council is endeavouring to raise the profile of the City’s heritage values and it will do this through a number of different mechanisms. The Plan identifies areas of historic and archaeological significance in the Chapter 56 of the Plan however it is important that specific controls on earthworks be included as a separate chapter to the Plan to afford better protection to the City’s natural, cultural and heritage values.

52A.2.5 Inappropriate earthworks can compromise the safety of people, the community and

property where the earthworks could cause subsidence, slippage or inundation of land.

While Napier City comprises relatively flat land it is surrounded by the Taradale, Poraiti and Esk hills as well as Napier Hill. Earthworks on these hill areas have the potential to cause subsidence, slippage or inundation of land if undertaken without proper methods or controls. Napier Hill is particularly vulnerable with it’s historical pattern of urban development, steep gullies, narrow roading pattern and ever intensifying development.


Objective 52A.3 To enable earthworks within Napier City while ensuring that the life-supporting capacity of soils and eco-systems are safeguarded and adverse effects on outstanding natural features and significant landscapes, historic heritage values and human health and safety are avoided, remedied or mitigated. Policies



To achieve this objective the Council will: 52A.3.1 Require the repasture or revegetation of land where vegetation is cleared in association

with earthworks. 52A.3.2 To avoid duplication in regulation by District Plan rules and standards where earthworks

activities are already subject to regulatory assessment. 52A.3.3 Protection of productive soils within the City from large-scale stripping, stockpiling,

alteration and removal to ensure the land can still support a range of productive land uses. 52A.3.4 Control large scale earthworks to ensure that they will not adversely affect the natural and

physical environment, and the amenity of the community, adjoining land uses, historic heritage values and culturally sensitive sites.

52A.3.5 Allow earthworks where the adverse effects on the environment will be minor.

52A.3.6 Historic heritage values will be protected from the effects of earthworks.

Objective 52A.4 Minimise the hazard and environmental effects of earthworks.

Policies To achieve this objective the Council will: 52A.4.1 Control the adverse effects of earthworks on the natural and physical environment,

including the potential for an increased risk of hazard and the potential effects on adjoining property owners.

Principal Reasons for Adopting Objective and Policies Where vegetation clearance occurs, except where a pavement or permitted building is constructed, disturbed areas will be required to be repastured or revegetated in plant species which are in harmony with those existing in the area to avoid the risk of soil erosion and to ensure that the life-supporting capacity of the soil is safeguarded. It will also help to ensure that adverse effects on the character and visual amenity of the area are avoided. Subdivision and Land Development, the District Plan and the Building Act 2004 all have their own control regarding the controls and safety of Earthworks. Such assessments are more specific for the associated activities. Where possible, the District Plan aims to reduce duplications in regulatory control. Some areas in Napier are widely regarded for having highly productive soils. Where possible such soils, particularly topsoils, should be protected from stripping, stockpile and removal off-site. Any alteration to such soils will generally decrease the productivity of fertile soils. Where alterations to productive soils occur, all efforts should be undertaken to re-habilitate the land to a productive state. District Plan rules and standards are incorporated to control the scale, operation, and location of earthworks to ensure that any potential adverse effects are avoided, remedied or mitigated. Large scale earthworks are recognised as having the potential to cause significant adverse effects on the environment, including the safety of people and property, and on the visual amenity and character of the area where it occurs. Prevention measures are required to ensure historic heritage values are not destroyed by earthworks. While controls can be created around known historic heritage areas, sites and features, land disturbance and vegetation clearance can often unveil archaeological and cultural heritage sites/remains. Rules in the District Plan assist in the protection of any heritage item including archaeological sites. If any new archaeological sites are located, particular care must be undertaken to protect the heritage items and notify New Zealand Historic Places Trust.



Methods

(1) Napier District Plan Rules (2) Building Act (2004) (3) National Environmental Standards (NES) (4) Napier City Council Code of Practice for Subdivision and Land Development (5) Land Information Memoranda (6) Hawke’s Bay Regional Policy Statement and Plans (7) Napier City Council Engineering Code of Practice (8) Industry Codes of Practice (9) Napier City Landscape Assessment Study (10) Network Utility Operations Plans Reasons for Methods The methods recognise that in order to avoid negative impacts from earthworks the effects need to be carefully managed through the various statutory and non-statutory documents. The District Plan which includes the Code of Practice for Subdivision and Land Development provides rules to protect the environment from the effects of earthworks and require in some instances, a resource consent application so that those effects can be appropriately assessed. By investigating the potential effects, appropriate remedial works can be required. The Building Act has controls regarding the quality and structural safety of soils to be built on. These controls provide measures to prevent slippage and subsidence for buildings.

All activities must be assessed against National Environmental Standards. Where any NES provision is triggered, these outweigh any District Plan provisions. The activity may still require assessment against District Plan provisions. The Napier City Council is required to ‘give effect to’ the Hawke’s Bay Regional Council’s Regional Policy Statement, and ‘have regard to’ its regional plans. When Land Information Memoranda (LIM) are requested for sites located within an area that has been identified as having fill or has been modified as a result of earthworks, the LIM shall identify the activity being undertaken and any particular conditions relating to the proposal.

The Act clearly states that the protection of outstanding landscapes and natural features from inappropriate subdivision, use and development is a matter of national importance (Section 6(b)). The values associated with significant landscapes and natural features within Napier City include amenity, historical, cultural and rarity associations. Careful management, including the control of subdivision, land use and/or development, including earthworks, is necessary to ensure such valued areas are maintained, enhanced and protected for current and future generations. Information available from Network Utility Operators on the location of their services is considered important in order to ensure that their services remain unaffected by earthworks.


(1) The risks of soil erosion, subsidence or inundation on people and property are

avoided.

(2) The life-supporting capacity of soils is safeguarded.



(3) The visual amenity and character of the District’s landscape is not reduced or

compromised by earthworks. (4) Flood protection of rivers is sustainably managed including the reduction of

sedimentation into waterbodies, watercourses and riparian areas.

(5) There are no adverse visual effects from earthworks.

(6) The amenity of the environment, including adjoining land uses is not compromised by earthworks.

RULES

All rules contained in Chapter 52A – Earthworks apply throughout the City and over-ride the specific zone rules and other district wide rules, unless otherwise stated in this Chapter.

52A.5 Summary of Rules for Earthworks

The following is a quick reference guide that summarises the Earthworks Rule Table. It is intended as a guide only and should not be used in place of the Earthworks Activity Table and Condition Table elsewhere in this Chapter. Advisory Note: For earthworks undertaken on land within the National Grid Transmission Yard, refer to Chapter 53 – Network Utilities Operations


Rule 52A.6 Earthworks Permitted

Rule 52A.7 River Control or Drainage Works Permitted

Rule 52A.8 Earthworks exempted from Earthworks Provisions Permitted

Rule 52A.9 1. Any permitted activity that does not comply with all of the relevant conditions, unless stated elsewhere in this Chapter


Rule 52A.10 1. The removal off site of more than 25m3 of topsoil, sand, gravel, metal or earth per 12 month period in the Main Rural Zone.

Discretionary

Rule 52A.10 2. The removal off site of more than 100m3 of earth (including topsoil) per 12 month period in any zone (excluding Main Rural Zone)

Discretionary

DISTRICT WIDE EARTHWORKS – ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities 52A.6 Earthworks 1. Earthworks are considered a permitted activity provided that:

a) They comply in all respects with the relevant conditions

in the District Wide Earthworks Activity and Condition Table.

The Council will restrict its discretion to the matters referred to in 52A.22

52A.7 River Control or Drainage Works 1. The removal of river berm silt, gravel or other river control or

The Council holds no discretion for this matter. The activity is either considered a permitted activity or it is not.



drainage works carried out by a local or regional authority, exercising its powers, functions and duties under the Soil Conservation and Rivers Control Act 1941, or the Land Drainage Act 1908.

52A.8 Earthworks exempted from Earthworks Provisions 1. Earthworks will be considered a permitted activity and do not have

to comply with the relevant conditions in the Earthworks Activity Table, provided that they are:

a) Earthworks assessed with any subdivision consent

and/or designations.

b) Earthworks in association with a Building Consent, where the area of earthworks includes no more than 150% of the area of the associated building footprint. Note - Rules and Conditions are applied once the 150% threshold is exceeded.

c) Earthworks associated with the construction of roads and the excavation of trenches for the purpose of the construction, maintenance, replacing, removing or upgrading of any network utility service by a network utility operator or road controlling authority.

d) Earthworks associated with the re-nourishment of the coastal environment to mitigate the effects of coastal erosion.

e) Earthworks associated with the replacement and/or

removal of a fuel storage system as defined in the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

f) Earthworks undertaken as part of beach nourishment in

accordance with Rule 62.8. g) Any dredging undertaken within the Boat Harbour

Zone.

The Council holds no discretion for this matter. The activity is either considered a permitted activity or it is not.


52A.9 Land Uses Not Complying With Conditions

1. Any use referred to in Rules 52A.6 to 52A.8 that does not comply with all of the relevant conditions in the Earthworks activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


the Earthworks activity table and/or condition table.


- The matters set out in Chapter 1.6.5 - The assessment criteria in Chapter 52A.22 of

this Plan where applicable.


52A.10 Discretionary Activities The following Earthworks operations are discretionary activities. A resource consent application must be made and consent may be declined or granted with, or without, conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 52A.22. The Councils discretion is unrestricted.

1. The removal off site of more than 25m3 of topsoil, sand, gravel,



metal or earth per 12 month period, in the Main Rural Zone. 2. The removal off site of more than 100m3 of earth (including

topsoil) per 12 month period in any zone (excluding Main Rural Zone).


52A.11 Prohibited Activities 1. There are no earthworks that are a prohibited activity.

DISTRICT WIDE EARTHWORKS – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES Matters the Council will restrict its

discretion to for restricted discretionary activities

52A.12 Extent Of Earthworks

Zone Volume Criteria (for any 12 month period)

Main Rural, Airport 100m3 Per hectare of site

Rural Residential 100m3 Per hectare of site

All Residential Zones, Rural Settlement Zone, Jervoistown Zone and Lifestyle Character Zone

50m3 Per Site

All Commercial Zones and Rural Commercial Zone

50m3 Per site

Open Space Zones 1000m3 Per hectare of site

Industrial zones 50m3 Per Site

Rural Conservation and Tertiary Education Zone

100m3 Per Site

For the purpose of assessing the total volume of earthworks allowed as a permitted activity for sites in the above zones, the volume shall be calculated by multiplying the volume threshold (listed in the above table) by the total area of the subject site in hectares, over any 12 month period. For the importation of fill or removal of cut to or from an offsite location, the volumes of earthworks specified in the above table shall be reduced by 50% in determining the volume permitted in any 12 month period.

The Council will restrict its discretion to the relevant matters in 52A.9 (Restricted Discretionary Activities).

52A.13 Vegetation 1. Where vegetation clearance occurs, disturbed areas shall be re-




pastured or re-vegetated as soon as practicable within 6 months of the activity ceasing.

52A.14 Slope

1. Earthworks shall not be undertaken on land with a slope of

greater than 22 above horizontal.


52A.15 Excavation

1. No earthworks shall have a cut/fill face of overall vertical extent of (see diagram) greater than:

a) 2.5 metres in all zones

Vertical Extent Measurement 2. No excavations shall be of greater than 1 metre vertical extent of

cut/fill face, where the top of the excavation is within 10 metres of buildings or surcharge loads.

A Statement of Professional Opinion shall be required to certify a) Suitability of land for development b) Earthworks compliance Refer to Appendix A6 and A7 of the Code of Practice for Subdivision and Land Development (Volume 2 of the District Plan) for the relevant forms.


52A.16 Location of Fill

1. Any fill less than

a) 100m3 volume, and/or b) 0.5 metres total depth Shall only be permitted if a site plan is provided to the Napier City Council showing the location and extent of the fill.


52A.17 Sediment Control

1. Sediment runoff into a council reticulated network shall not cause any conspicuous change in colour or visual clarity of water after reasonable mixing.

NOTE: All other discharges across a property boundary will be dealt

with under the Hawkes Bay Regional Plan.




52A.18 Flood Protection Works

1. No extraction or deposition is to occur within 50 metres of any flood protection or river control structure (excluding activities in relation to Rule 52A.7).

2 No significant change is to occur to existing flood overflow paths.


52A.19 Noise

1. Activities shall comply with the provisions of Chapter 57 (Noise) of the District Plan.

The Council will restrict its discretion to the relevant matters in 52A.9 (Restricted Discretionary Activities)

52A.20 Archaeological Sites

1. Earthworks shall not be undertaken on any archaeological site unless prior approval has been obtained from the New Zealand Historic Places Trust; or on any site within an area of significance to Maori.

The Council will restrict its discretion to the relevant matters in 52A.9 (Restricted Discretionary Activities) and Chapter 56 Heritage.

52A.21 National Environmental Standards (NES)

1. NOTE: Earthworks shall comply with any relevant National Environmental Standard (and the NES will override District Plan Rules where there is any duplication).

52A.22 ASSESSMENT CRITERIA

Some discretionary activity and restricted discretionary activity rules refer to assessment criteria to assist the Council in considering resource consent applications. The Council will have regard to the Assessment Criteria outlined below for earthworks when considering an application under Sections 104 and 105 of the Act

1. General Information Requirements Any application for a Resource Consent for a Discretionary Activity shall include a management plan describing the scope and nature of the operation including methods to control the effects of the activity. Any application for a resource consent shall include an assessment of the effects of the proposed activity as well as compliance with all relevant matters within the Code of Practice for Subdivision and Land Development. Applications shall address the matters listed below:

a) An assessment of the actual or potential effects of the proposed activity on the environment, in accordance with the Fourth Schedule to the Resource Management Act 1991.

b) Site layout including: - A programme for any staged development - Areas for stockpiling and topsoil storage

c) Proposals to avoid, remedy or mitigate adverse effects of the activities, particularly in regard to noise, ground vibration, traffic, dust, visual impact and land stability

d) Impact on the City roading network. e) Description of permits and consents required from the Hawke's Bay Regional

Council and other relevant Local Authorities f) Proposals for the clearance of vegetation, including the location (maps and plans

may be required). g) Proposals and timeframes for restoration and of area subject of earthworks to a

reasonably natural state, or appropriate modified state, including levelling and backfilling, planting of grass, trees or other vegetation.

Council may require applicants to provide more detailed investigations of potential

effects on the environment by way of environmental impact reports (prepared at the



expense of the applicant). The level of detail required will depend on the scale and nature of the proposal as well as the magnitude and extent of anticipated effects on the environment.

h) Any effects on historic heritage values.

2. Earthworks The following criteria will be used by the Council in considering a resource consent application for a Discretionary Activity or a Restricted Discretionary Activity for non-compliance with one or more conditions in the relevant activity table and/or condition table.

The Council will have regard to the relevant objectives and Policies of this Plan, any relevant matters identified in the Code of Practice for Subdivision and Land Development and in addition will consider:

Land Disturbance and Vegetation Clearance

a) The effects of land disturbance and vegetation clearance will be assessed in terms

of their effects on:

i) The life-supporting capacity of soils. ii) Soil erosion and stability. iii) Soil Runoff and Sedimentation. iv) Natural landforms and contours. v) Flora and fauna. vi) Significant cultural, ecological and historic heritage sites. vii) Composition and characteristics of any fill used

b) In making an assessment, regard will be had to the following:

i) The extent of removal of vegetation, topsoil and subsoils at any one time. ii) Methods to separate soil horizons during stripping. iii) Measures to safeguard the life supporting capacity of stockpiled soils. iv) The potential or increased risk of hazards from the activity, including

potential risk to people or the community. v) Sediment control measures, including measures to prevent sediment runoff

into Council’s reticulated network. vi) Rehabilitation of site (including backfilling, re-spreading of subsoil and

topsoil, contouring, re-pasturing and re-vegetation). vii) Land capability and potential end uses of the site. viii) Information of any relocation of fill on or offsite. ix) Siting, construction and maintenance of internal access roads. x) Effect on flow paths and floodways.

Visual Impact

a) The visual effects of the activity will be assessed in terms of its potential effect on:

i) The residential or recreational (including tourism) use of land in the vicinity of

the activity. ii) The existing character of the locality and amenity values. iii) Whether the land is covered by Outstanding or Significant Landscape Areas

will be assessed under the Assessment Criteria entitled ‘Earthworks within Outstanding Natural Landscapes’

b) In making that assessment regard shall be had to:



i) Planting, screening and other amenity treatment to minimise visual impact. ii) Site location including locality, topography, geographical features, adjoining

land uses. iii) Height of soil stockpiles and cuttings. iv) Rehabilitation of the site, including contouring, landscaping and re-

vegetation. Noise a) The impact of noise will be assessed in terms of its potential effect on:

i) The noise sensitivity of the receiving environment, including adjacent land

uses where it is proposed to undertake the activity. ii) The hours of operation of the activity.

Effects on other land uses and adjoining properties a) The extent to which the activity will interfere with, or adversely affect, the current use

of the land on which the activity is sited, or adjoining land uses. i) Consideration will be given to any potential effects of the proposed activity on

adjoining properties and land uses, such as effects on surface drainage patterns, dust nuisance, or adverse effects on adjoining buildings.

ii) Permanent effects will be given more weight than temporary effects.

iii) Consideration will also be given to methods to avoid adverse effects on land use activities which are allowed in the zone where the activity is located, such as the distance of activities from boundaries, and methods to avoid disturbance to adjoining properties.

Earthworks within Outstanding or Significant Natural Landscapes Earthworks within and outstanding natural landscape shall be designed to ensure that it does not have any adverse visual effects. This shall include reference to the proposed location and screening of any earthworks. In particular any such developments shall:

a) Avoid the location of large scale earthworks on prominent rural ridgelines, hill faces and spurs.

b) Be designed to minimise cuttings across hill faces and spurs. c) Avoid a finished contour that is out of character with the natural contour. d) Demonstrate what visual mitigation is proposed to minimise the visual intrusion of the

work, including proposals to ensure the successful establishment of any plantings.

52A.23 PRINCIPAL REASONS FOR RULES 1. Earthworks Generally

This rule states the principal assumption that any earthwork operation is permitted throughout the City, provided that it complies with the conditions in the relevant activity and condition tables. Some earthworks have only minor effects on the environment in which they are located, and it is expected in these cases that earthworks can be undertaken without being required to obtain a resource consent. Large scale earthworks on the other hand can



have more significant effects, particularly in residential areas, on amenity values, traffic safety, and the health and safety of people. The resource consent process will be used to ensure that amongst other things, the amenity of the City, traffic safety, and people’s health, wellbeing and safety are safeguarded.

2. Vegetation

The purpose of the rule is to provide protection to the land and the visual environment once earthworks have been completed to ensure that wherever possible remedial work in the form of re-vegetation occurs. This will result in the visual amenity of the environment being restored and the erosion susceptibility of disturbed ground is reduced.

3. Slope

Steep land is particularly prone to erosion or slippage particularly if it is modified by cutting into the natural toe of a hill/slope or when excavating to provide building platforms for new buildings. The rule has been developed to protect land from the effects of earthworks, particularly soil erosion and slippage.

4. Excavation Limitations on the height and scale of cuts are in place to avoid unsightly scarring of the landscape particularly in areas where they will be highly visible. Large scale cuts beyond the permitted rules will therefore be subject of resource consent which will provide the Council with controls to control earthworks when they are of a scale not envisaged by District Plan rules and have potential safety issues.

5. Noise Noise is one of the factors that can affect the appreciation of amenity. It can have an effect on people’s health in a psychological sense. Section 16 of the Resource Management Act applies to noise generated by all land uses, but in addition, conditions have been included in the Plan to impose limits on noise emissions from land use activities and temporary activities (earthworks is considered a temporary activity). This approach ensures that the character of particular locations is maintained and that any noise generated is assessed on its merits (for example, timing, duration, sound levels, and the compatibility of the noise with the neighbourhood).

6. Flood Protection Works Flooding protection and drainage patterns will not be adversely affected by any

earthworks. 7. Location of Fill

It is vitally important that the location of any uncontrolled fill shall be provided to ensure that the safety of future development can be provided by not building on land prone to slipping and subsidence.

8. Sediment Control

The purpose of this rule is to ensure that any stockpiling of soil matter created as part of an earthworks operation is contained within a controlled environment. This is to reduce the risk of adverse effects to the surrounding environment that could occur from sediment leaving the site and entering adjoining properties, open drains or streams.

9. Archaeological Sites

Under the Historic Places Act 1993, all archaeological sites are afforded statutory protection. This applies to sites whether they are identified on the Planning Maps or not. In other words it also applies to unrecorded archaeological sites that may be accidentally uncovered. This rule will ensure that sites with particular archaeological values will be afforded high levels of protection from any ground disturbances.



Amend DEFINITIONS Chapter Delete existing definition of Earthworks in Napier District Plan Earthworks means any modification to the shape of the land surface, including

removal of soil, excavation, infilling, recontouring and construction of any ROAD, track, landing or drainage channel.

Add new definitions Earthworks: means the disturbance of land by moving, placing or replacing earth,

or by excavation or cutting; filling or backfilling and the removal of or importation of earth (including topsoil) to and from any site, but does not include tilling or cultivating of soil for land based primary production. The volume of earthworks is the sum of both cut and fill operations.

Cut/Fill Face: means the sloping or vertical exposed face resulting from earthworks

(filling and/or excavation) Surcharge Load means any (additional) loading above normal ground conditions that

could impact on the integrity of the excavation (examples being buildings, structures or stored materials etc)

CODE OF PRACTICE FOR SUBDIVISION AND LAND DEVELOPMENT (VOLUME 2) 5.5 EARTHWORKS Add wording Refer to Chapter 52A of Volume 1 of the Napier District Plan for rules pertaining to Earthworks

Delete Earthworks designs in the following circumstances shall be supported by specialist geotechnical reports and design criteria including the statement of professional opinion as set out in Appendix A6 of Part A of this Code. (a) Earthworks involving more than 100 m3 (insitu measure) per site or per

development. (b) Cuts on slopes greater than 22 degrees above horizontal (c) Cuts on slopes greater than 5 metres high (d) Cuts of 1.5 metres or greater in height (e) Fills of more than 0.5 metres in depth (f) Where building sites will be on ground formed by earthworks (g) Earthworks within 20m from the centreline of any High Voltage Transmission Line. The reconstruction of existing roads and the excavation of trenches within the road reserve for the purpose of construction, maintenance, replacing, removing or minor upgrading of any network utility service is exempt from (a) to (e) above. Earthworks within 20 metres of a High Voltage Transmission Line is exempt from obtaining a specialist geotechnical report where the written approval of the owner and



operator of the High Voltage Transmission Line is obtained, provided the earthworks do not exceed the limitations in (a) – (e) above. Earthworks design shall include adequate means to control silt runoff during the construction and post construction phases. Upon completion of the earthworks a statement of professional opinion shall be provided as set out in Appendix A7 of Part A of this Code.

Amend the Condition Tables in the following Chapters to incorporate the provision for Earthworks as follows; Chapter 5 – Main Residential Zone Insert after Rule 5.26 5.27 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 6 Napier Hill Character Zone Insert after Rule 6.31 6.32 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 7 Northern Residential Zone Insert after Rule 7.31 7.32 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 8 Hardinge Road Character Zone Insert after Rule 8.25 8.26 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 9 Marewa Art Deco Character Zone, Marewa State Housing Character

Zone, Te Awa Bungalow Character Zone Insert after Rule 9.28 9.29 Earthworks

1 The relevant provisions of Chapter 52A (Earthworks) of this Plan must be complied with.


Chapter 10 Marine Parade Character Zone Insert after Rule 10.26






Chapter 11 Western Hills Residential Zone Insert after Rule 11.27 11.28 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 15 Inner City Commercial Zone Insert after Rule 15.18 15.19 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 17 Fringe Commercial Zone Insert after Rule 17.21 17.22 Earthworks 1 The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 18 Suburban Commercial Zone Insert after Rule 18.25 18.26 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 18A Foreshore Commercial Zone Insert after Rule 18A.24 18A.25 Earthworks



Chapter 19 Large Format Retail Zone Insert after Rule 19.22 19.23 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 23 Main Industrial Zone Insert after Rule 23.22






Chapter 24 Suburban Industrial Zone Insert after Rule 24.23 24.24 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 26 West Quay Waterfront Zone Insert after Rule 26.27 26.28 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 26A Marine Industrial Zone Insert after Rule 26A.27 26A.28 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 27 Business Park Zone Insert after Rule 27.23 27.24 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 28 Port Industrial Zone Insert after Rule 28.20 28.21 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 30 Wastewater Treatment Zone Insert after Rule 30.25 30.26 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 34 Main Rural Zone Insert after Rule 34.32






Chapter 35 Rural Residential Zone Insert after Rule 35.31 35.32 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 36 Rural Commercial Zone Insert after Rule 36.17 36.18 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 37 Rural Conservation Zone Insert after Rule 37.23 37.24 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 37A Jervoistown Zone Insert after Rule 37A.22 37A.23 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 38 Rural Settlement Zone Insert after Rule 38.24 38.25 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 38A Lifestyle Character Zone Insert after Rule 38A.25 38A.26 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 42 Boat Harbour Zone Insert after Rule 42.20






Chapter 43 Estuary Zone Insert after Rule 43.16 43.17 Earthworks



Chapter 44 Foreshore Reserve Zone Insert after Rule 44.21 44.22 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 45 Marine Parade Recreation Zone Insert after Rule 45.20 45.21 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 46 Reserve Zone Insert after Rule 46.18 46.19 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 47 River Conservation Zone Insert after Rule 47.17 47.18 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 48 Sports Park Zone Insert after Rule 48.17 48.18 Earthworks



Chapter 50A Mixed Use Zone



Insert after Rule 50A.34 50A.45Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 51 Airport Zone Insert after Rule 51.27 51.26 Earthworks 1. The relevant provisions of Chapter 52A (Earthworks) of this Plan



Chapter 52 Tertiary Education Zone Insert after Rule 52.26 52.27 Earthworks




Notified Plan Change 10 178 Signs

SIGNS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



Amendments to Signs (chapter 58)

Delete the following objectives, policies and methods

Objective 58.2 To recognise that signs have an important role in directing and informing people in the City and that signs play an important part in the use and management of land uses. This objective relates to Issues 58.1.1 and 58.1.3.

Policies To achieve this objective the Council will:

58.2.1 Ensure that all members of the public, both locals and visitors, are adequately informed of directions and routes by the use of appropriate signs.

58.2.2 Promote standards that recognise the realistic operational requirements of land uses with regard to signs.

58.2.3 Ensure that the scale and intensity of signs is proportional to the scale and intensity of land uses occurring in the immediate vicinity.

58.2.4 Ensure that reasonable scope is available for signs to serve informational and promotional functions while respecting the environmental quality of different areas of the City.

Objective 58.3 To promote simplicity and clarity in the form of a sign and the message it conveys, to avoid, remedy or mitigate any adverse effects on the amenity and heritage values of the surrounding area. This objective relates to Issues 58.1.3.

Policies 58.3.1 To impose controls on signs to minimise the adverse effects on heritage and character of

the zone in which signs are located.



58.3.2 Establish controls for individual signs throughout Napier City to ensure that the size, bulk and location of signs are consistent with the amenity standards.

58.3.3 Encourage variations in types of signs to be used where appropriate.

Principal Reasons for Adopting Objective and Policies Signs that are well designed address many elements such as scale, materials, colour, placement and context. Such signs are clear, easy to read and suit the environment in which they are located. It is also considered that signs that are maintained in a tidy, legible manner goes some way to enhancing the amenity of the City. It also encourages pride in the area and helps to discourage vandalism. Signs in different positions and of different styles can add visual interest to the City.

Methods


Reasons for Methods The District Plan includes rules stating the maximum total areas of signs that are permitted, having regard to the relative sensitivity of their local environment. The District Plan also provides rules on the placement and number of signs permitted within a zone. This provides certainty for plan users and is considered the best means of avoiding, remedying or mitigating the adverse effects of signs.

Add the following objective, policies and principal reasons for adopting objectives and policies

Objective 58.2 To provide for a range of signs to meet the needs of the City’s communities, which do not cause a nuisance, distraction or hazard to other activities, vehicular traffic or pedestrians, or detract from the visual amenities or character of the environment where they are located. This objective relates to Issues 58.1.1, 58.1.2 and 58.1.3.

Policies 58.2.1 Provide for flexibility in the design and style of signs used, which reflects the unique

elements of the activities to which they relate, and creates diversity and interest in the environment, while mitigating adverse effects.

58.2.2 Ensure that the size and bulk of signs are consistent with the expected amenity levels for each zone by establishing limits on signs in each Zone in Napier City.

58.2.3 To provide for illuminated signs both internally (including electronic or externally), where they are of a size and intensity that is suitable for the location.

58.2.4 Restrict the location and siting of signs within, or overhanging road reserves and public places.

58.2.5 Ensure that signs located under verandahs, attached to verandah fascia, or affixed to the face of buildings, do not cause a physical obstruction or hazard to traffic or pedestrians, or detract from the visual amenities of the areas where they are located.



58.2.6 Ensure that the location of signs and the mediums used for signs are controlled through the District Plan to maintain the safety and efficiency of Napier City’s transport network.

58.2.7 The location of signs will be limited to avoid adverse clutter in commercial areas.

58.2.8 Provide signs which promote the social well being of the community.

58.2.9 Provide for temporary remote advertising devices established legitimately for roadside stalls in order to support productive uses within certain Rural zones.

Principal Reasons for Adopting Objective and Policies The District Plan allows and encourages flexibility in the design and style of signs used, in order to create interest and diversity in the environment. The District Plan does however still contain performance standards to ensure that the devices will not detract from the visual amenities of the environment where they are located, or cause a nuisance or hazard to traffic, pedestrians or other activities. The size of signs can have an impact on the visual amenities of the areas where they are located. The District Plan includes rules allowing for maximum total areas for signs that are permitted, having regard to the relative sensitivity of the local environment to visual impacts. The District Plan recognises that in Commercial and Industrial zones, signage is important for the identification of business premises and the services that the business offers, while in other zones devices are principally used to provide information, location identification and direction. Larger areas of signs will therefore generally be allowed in the commercial and industrial areas which recognise that the signs are a significant and essential part of the built environment and activities in these zones. The exception to this is in relation to heritage buildings or within the Art Deco Quarter, where the protection of heritage values and streetscape character necessitate greater restrictions on signs. In general, signs will be required to be located entirely on the site to which they relate (signs affixed to verandahs are an exception). However in some cases, signs which convey public information may be located on the road reserve or in a public place. Signage located within the road reserve will need approval from the Road Controlling Authority (RCA) or New Zealand Transport Agency in the case of State Highways). Performance standards are included in the District Plan to ensure that signs are set back a minimum distance from footpaths or kerb lines where they hang below verandahs, or protrude from the face of buildings, or are attached to verandah fascia, to ensure that they do not obstruct or cause a hazard for traffic or pedestrians, and do not detract from the visual amenities of areas where they are located. Signs which use reflective materials or are illuminated can distract road users and cause traffic hazards. The considered siting of signs and medium used in their construction can avoid possible confusion to users and avoid the creation of traffic hazards especially where they are in close proximity to road intersections. The District Plan provides for a variety of sizes and locations for signs. To minimise the visual clutter it is necessary to limit the amount and placement of signs in all commercially zoned sites. The District Plan recognises the importance of promoting community events through signs. This needs to be balanced between the visual amenity, pedestrian and traffic safety. The District Plan recognises that Rural zones should in the first instance be used primarily for productive uses. Allowing legitimately established road side stalls to erect a temporary sign remote from their site will enable seasonal produce to be advertised in a controlled manner. Such advertising will allow people and communities to provide for their social and economic wellbeing by encouraging productive use of fertile soils and giving the community wider choice in locating and sourcing seasonal produce.

Add the following methods after method 2 under Objective 58.2

(3) New Zealand Transport Agency (Signs on State Highways) Bylaw 2010

(4) Guidelines for visibility at driveways (1993), RTS 6, New Zealand Transport Agency

Add the following paragraphs after paragraph 2 of Reasons for Methods under Objective 58.2

The New Zealand Transport Agency (Signs on State Highway) Bylaw 2010 is relevant to signs on State Highways within Napier City (being State Highways 2, 2B, 5 and 50) as the New Zealand Transport Agency is



the asset manager of these roads on behalf of the Crown.

RTS 6 (Road and Traffic Standards series) are a set of guidelines which sets the minimum standard to ensure sightlines for vehicle movement is maintained on and off the roading network.

Add the following objective, policy and principal reasons for adopting objectives and policies under Objective 58.2

Objective 58.3 Avoid Remedy or Mitigate signs on heritage values This objective relates to Issues 56.1.1, 56.1.2, and 58.1.3.

Policies

58.3.1 Ensure that signs erected on recognised Heritage Buildings complement the heritage values and architectural features of the structure.

Principal Reasons for Adopting Objective and Policies The District Plan recognises a number of significant heritage buildings and encourages their retention and use for a range of activities. However it would be inconsistent with the District Plan’s objectives if signs associated with such activities were allowed to undermine or compromise the heritage elements being protected.

Add the following method after method 1 which follows Objective 58.3 and Policy 58.3.1

(2) Napier City Council Heritage Improvement Grants

Add the following reasons for methods

Rules in the District Plan encourages signs, amongst other building alterations, which are compatible with the scale, form, materials and colour of the building in order to preserve this heritage. Napier City Council Heritage Improvement Grants are given to building owners to assist in the costs of repainting and signage for certain buildings in Napier.

Add the following policy under Policy 58.4.1

58.4.2 Discourage signage that advertises goods and services not directly related to the primary use of the site on which the sign is located, except for legitimately established roadside stalls.

Add the following paragraph at the end of Principal Reasons for Adopting Objective and Policies which follows Objective 58.4 and Policies 58.4.1 and 58.4.2

Signage that advertises goods and services in another location often results in visual clutter and a traffic hazard, particularly if these signs are of a ‘billboard nature’ where what is being advertised changes frequently. The acknowledged exception is roadside stalls in some Rural Zones where it is deemed that subject to strict controls, the benefit of promoting productive uses outweighs potential for decreased amenity and traffic hazards.

Delete the following Anticipated Environmental Results

58.5 ANTICIPATED ENVIRONMENTAL RESULTS

(1) Signs that maintain and enhance the amenity and heritage values of areas where the sign is located.



(2) Avoidance of obstruction, hazard or nuisance to vehicular and pedestrian traffic.

(3) Increased ease of movement throughout the City as a result of directional and locational sign information.

(4) Increased ease of movement between different land uses in the City as a result of appropriate signs.

Add the following Anticipated Environmental Results


(1) Flexibility of design and style of signs which reflects the unique elements of activities and creates diversity and interest in the environment

(2) Maintenance and enhancement of the visual amenity and character of the area where signs are located

(3) Avoidance of obstruction, hazard, distraction or nuisance to traffic or pedestrians

(4) Signs that maintain and enhance the amenity and heritage values of areas where the sign is located.

Add to new rule to 58.6 Summary of Rules for Signs table


Rule 58.23(a) Any sign that does not directly relate to the site it is located on (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).

Non-Complying x

Amend and add rules to the District Wide Signs – Activity Table



58.13 Temporary Signs

1.... ..

a) Sale of Property i) Any temporary sign or signs must not exceed 2.5m2 in area ...

b) Auction of Property

i) Any temporary sign or signs must not exceed 2.5m2 in area ....

....

d) Concerts, Conventions, Fairs, Circuses and Similar Events i) ... signs must not exceed 2.5m2 and .....

NOTE: These provisions for temporary signs are in addition to provisions for permanent signage, which is subject to the maximum sign area condition table 58.26(1)(a)

e) Roadside stalls

i) Each legitimately established roadside stall located in either the Main Rural Zone or Rural Residential Zone may erect a



temporary sign. This temporary sign shall comply with the following conditions: The sign need not be located on the site to which it relates,

but shall be located no greater than one kilometre from the roadside stall that it advertises. This temporary sign is exempt from condition 58.24.1 (c) but all other conditions stated elsewhere in this chapter shall be complied with.

Each roadside stall shall only erect one temporary sign, which shall be displayed for no more than four months in a calendar year.

Signs must not be located on, or over, a road including the

road reserve, or land vested as reserve under the Reserves Act 1977.

Written permission shall be obtained from the landowner

prior to any temporary sign being attached to the landowners’ fence.


58.22 Discretionary Activities 1....


58.23 Non-Complying Activities

1. The following are non-complying activities. a) Any sign which is used to advertise any services, goods or

products that are not directly related to the primary use or activities occurring on the site of the sign (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).



Add or amend conditions to the District Wide Signs – Condition Table



58.245 Sign Location

1.... ..

c) ..... NOTE: failure to comply with this condition results in a Non-Complying Activity in accordance with Rule 58.23 (a)



58.256 Sign Area

1….

a)…

Zone Maximum Sign Area Fringe Commercial 6m2 5m2 Suburban Commercial; Foreshore Commercial 4.5m2

Main Rural; Rural Residential; Rural Conversation

6m2 2.5m2

Estuary; Foreshore Reserve; River Conservation

0.3m2

Renumber remaining rules in this Chapter

Add new paragraph beneath paragraph 6. Temporary Signs in 58.30 Principal Reasons for Rules - Signs

It is a main goal of the Napier District Plan to protect the productive capacity of the Rural Zones for future generations. As a way of supporting this, temporary signage has been permitted to allow roadside stalls one ‘off-site’ sign. There may be effects from such signs. However, if these are minimized by strict controls, combined with the sign’s temporary seasonal duration these effects are considered to be outweighed by the positive support they provide for rural producers.

Amend sub-heading under Principal Reasons for Rules – Signs 14. Sign Area

Estuary and Foreshore Reserve Zones

Both the Estuary Zone and the Foreshore Reserve Zone are important ….


Notified Plan Change 10 185 Hazardous Substances

HAZARDOUS SUBSTANCES CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout RULES Changes to the Main Residential Zone – Rules (Chapter 5) Delete Rule 5.14.1(a) from the Summary of Main Residential Rules table as shown

Rule Number and Description

Classification Page Number

Rule 5.14.1(a)

The use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels

Prohibited 5

Delete Rule 5.14.1(a) from the Main Residential Zone – Activity Table as shown


5.14 Prohibited Activities 1. The following land uses are a prohibited activity for which

no resource consent shall be granted: a) Use, storage or disposal of radioactive material with

an activity exceeding 1,000 terabequerels.

Changes to the Napier Hill Character Zone – Rules (Chapter 6) Delete Rule 6.17.1(a) from the Summary of Napier Hill Character Zone Rule table as shown



Rule 6.17.1(a)


Prohibited

8

Delete Rule 6.17 from the Napier Hill Character Zone – Activity Table as shown


6.17 Prohibited Activities 1. The following land uses are a prohibited activity for which



no resource consent shall be granted:


Changes to the Marewa Art Deco Character Zone – Rules, Marewa State Housing Character Zone – Rules, and Te Awa Bungalow Character Zone - Rules (Chapter 9) Delete Rule 9.16.1(a) from the Summary of Marewa Art Deco, Marewa State Housing and Te Awa Bungalow Character Zone Rules table as shown



Rule 9.16.1(a)


Prohibited

6

Delete Rule 9.16.1(a) from the Marewa and Te Awa Character Zone – Activity Table as shown





Changes to the Marine Parade Character Zone – Rules (chapter 10) Delete Rule 10.14(a) from the Summary of Marine Parade Character Zone Rules table as shown



Rule 10.14(a)


Prohibited

5

Delete Rule 10.14(a) from the Marine Parade Character Zone – Activity Table as shown




a) Use, storage or disposal of radioactive material with an



activity exceeding 1,000 terabequerels.

Changes to the Western Hills Residential Zone – Rules (chapter 11)

Delete Rule 11.14(a) from the Summary of Western Hills Residential Zone Rules table as shown



Rule 11.14(a)


Prohibited

5

Delete Rule 11.14(a) from the Western Hills Residential Zone – Activity Table as shown



1. The following land uses are a prohibited activity for which no resource consent shall be granted:


Changes to the Inner City Commercial Zone – Rules (Chapter 15) Delete Rule 15.10(a) from the Summary of Inner City Commercial Zone Rules as shown



Rule 15.10(a)


Prohibited

3

Delete Rule 15.10(a) from the Inner City Commercial Zone – Activity Table as shown



2. The following land uses are a prohibited activity for which





Changes to the Fringe Commercial Zone – Rules (Chapter 17) Delete Rule 17.11(a) from the Summary of the Fringe Commercial Zone Rules table as shown below



Rule 17.11(a)


Prohibited

4

Delete Rule 17.11 from the Fringe Commercial Zone – Activity Table as shown






Changes to the Suburban Commercial Zone – Rules (chapter 18) Delete Rule 18.12(a) from the Summary of Suburban Commercial Zone Rules table as shown



Rule 18.12(a)


Prohibited

5

Delete Rule 18.12 from the Suburban Commercial Zone – Activity Table as shown








Changes to the Large Format Retail Zone – Rules (Chapter 19) Delete Rule 19.9 from the Summary of Large Format Retail Zone Rules table as shown



Rule 19.9


Prohibited

4

Delete Rule 19.9 from the Large Format Retail Zone – Activity Table as shown






Changes to the Main Industrial Zone – Rules (Chapter 23) Delete Rule 23.9(l) from the Summary of Main Industrial Zone Rules as shown



Rule 23.9(l)


Discretionary

4

Delete Rule 23.9(l) from the Main Industrial Zone – Activity Table as shown



6. The following land uses are discretionary activities. A

resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 31. The Council’s discretion is unrestricted.

l) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.



Changes to the Suburban Industrial Zone – Rules (Chapter 24) Delete Rule 24.10(a) from the Summary of Suburban Industrial Zone Rules as shown



Rule 24.10(a)


Prohibited

5

Delete Rule 24.10 from the Suburban Industrial Zone – Activity Table as shown






Changes to the Business Park Zone – Rules (Chapter 27) Delete Rule 27.9.1(a) from the Summary of Business Park Zone Rules as shown



Rule 27.9.1(a)


Prohibited

4

Delete Rule 27.9 from the Business Park Zone – Activity Table as shown





b) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Changes to the Port Industrial Zone – Rules (Chapter 28) Delete Rule 28.10(h) from the Summary of Port Industrial Zone Rules table as shown





Rule 28.10(h)


Discretionary

4

Delete Rule 28.10(h) from the Port Industrial Zone – Activity Table as shown





h) Use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Changes to the Wastewater Treatment Zone – Rules (Chapter 30) Delete Rule 30.14(a) from the Summary of Wastewater Treatment Zone Rules table as shown


Classification

Page Number

Rule 30.14(a)


Prohibited

4

Delete Rule 30.14 from the Wastewater Treatment Zone – Activity Table as shown






Changes to the Main Rural Zone – Rules (Chapter 34) Delete Rule 34.20(a) from the Summary of Main Rural Zone Rules table as shown





Rule 34.20(a)


Prohibited

6

Delete Rule 34.20 from the Main Rural – Activity Table as shown






Changes to the Rural Residential Zone – Rules (Chapter 35) Delete Rule 35.19 from the Summary of Rural Residential Zone Rules table as shown



Rule 35.19


Prohibited

6

Delete Rule 35.19 from the Rural Residential Rules – Activity Table as shown






Changes to the Rural Commercial Zone – Rules (Chapter 36) Delete Rule 36.8(a) from the Summary of Rural Commercial Zone Rules table as shown



Rule 36.8(a)

The use, storage or disposal of radioactive material with an activity exceeding 1,000

Prohibited

4



terabequerels

Delete Rule 36.8 from the Rural Commercial Zone – Activity Table as shown






Changes to the Rural Conservation Zone – Rules (Chapter 37) Delete Rule 37.11 from the Summary of Rural Conservation Zone Rules table as shown



Rule 37.11


Prohibited

4

Delete Rule 37.11 from the Rural Conservation Zone – Activity Table as shown






Changes to the Jervoistown Zone – Rules (Chapter 37A) Delete Rule 37A.9(b) from the Summary of Jervoistown Zone Rules table as shown



Rule 37A.9(b)


Prohibited

5

Delete Rule 37A.9(b) from the Jervoistown Zone – Activity Table as shown








Changes to the Rural Settlement Zone – Rules (Chapter 38) Delete Rule 38.10(a) from the Summary of Rural Settlement Zone Rules table as shown



Rule 38.10(a)


Prohibited

4

Delete Rule 38.10 from Rural Settlement – Activity Table as shown






Changes to the Rural Settlement Zone – Rules (Chapter 38A) Delete Rule 38A.10(a) from the Summary of Lifestyle Character Zone Rules table as shown



Rule 38A.10(a)


Prohibited

4

Delete Rule 38A.10(a) from the Lifestyle Character – Activity Table as shown








Changes to the Foreshore Reserve Zone – Rules (Chapter 44) Delete Rule 44.12.1(a) from the Summary of Foreshore Reserve Zone Rules table as shown



Rule 44.12.1(a)


Prohibited

5

Delete Rule 44.12(a) from the Foreshore Reserve Zone – Activity Table as shown






Changes to the Marine Parade Recreation Zone – Rules (Chapter 45) Delete Rule 45.11.1(a) from the Summary of Marine Parade Recreation Zone Rules table as shown



Rule 45.11.1(a)


Prohibited

5

Delete Rule 45.11(a) from the Marine Parade Recreation Zone – Activity Table as shown








Changes to the Reserve Zone – Rules (Chapter 46) Delete Rule 46.8.1(a) from the Summary of Reserve Zone Rules table as shown



Rule 46.8.1(a)


Prohibited

4

Delete Rule 46.8.1(a) from the Reserve Zone – Activity Table as shown






Changes to the River Conservation Zone – Rules (Chapter 47) Delete Rule 47.9.1(a) from the Summary of River Conservation Zone Rules table as shown



Rule 47.9.1(a)


Prohibited

4

Delete Rule 47.9.1(a) from the River Conservation Zone – Activity Table as shown








Changes to the Sports Park Zone – Rules (Chapter 48) Delete Rule 48.1.8(a) from the Summary of Sports Park Zone Rules table as shown



Rule 48.1.8(a)


Prohibited

3

Delete Rule 48.8.1(a) from the Sports Park Zone – Activity Table as shown






Minor amendments Re-number 48.1.8 (a) to (c) in the Summary of Sports Park Zone Rules table to 48.8.1 (a) to (c) Changes to the Airport Zone – Rules (Chapter 51) Delete Rule 51.12(b) from the Summary of Airport Zone Rules table as shown



Rule 51.12(b)


Prohibited

8

Delete Rule 51.12(b) from the Airport Zone – Activity Table as shown








Changes to the Tertiary Education Zone – Rules (Chapter 52) Delete Rule 52.14(a) from the Summary of Tertiary Education Zone Rules table as shown



Rule 51.12(b)

The use, storage or disposal of radioactive material

Discretionary

7

Delete Rule 52.14(a) from the Tertiary Education Zone – Activity Table as shown





a) Use, storage or disposal of radioactive material

Consequential Changes Make any consequential re-numbering amendments as required. Consequential changes to the following chapters – Reasons for Rules – by deleting references to the use of radioactive materials and hazardous substances reasons as indicated in the following examples: Chapter 13 – Residential Environments 13.1 Prohibited Activities The level of radioactivity stated as a prohibited activity allows for use of household smoke

detectors and use of radioactive materials in medical laboratories and hospitals, but does not allow large installations such as food irradiation plants or nuclear power stations. These land uses are prohibited because the effects are unacceptable in residential environments.

13.32 Hazardous Substances

Conditions on the use and storage of hazardous substances are required to avoid adverse effects on people’s health and wellbeing. The Hazardous Facilities Screening Procedure (HFSP) and associated provisions adopted in the plan are widely used by other New Zealand cities. Controls on the use and storage of hazardous substances are required to avoid adverse effects on people’s health and wellbeing. The use of hazardous substances and genetically modified organisms in New Zealand is primarily managed by the Hazardous Substances



and New Organisms Act 1996 (HSNO). The purpose of the HSNO Act is to ‘protect the environment, and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances and new organisms’. The HSNO Act is administered by the Ministry for the Environment and implemented by the Environmental Protection Authority. The new Ministry of Business, Innovation and Employment are also involved with enforcement in terms of hazardous substances. In addition, refer to Chapter 63 (Hazardous Substances).

Make the same deletions in the following Chapters – Reasons for Rules and renumber as required. Chapter 21 – Commercial Environments –Same as Chapter 13 Amend 21.1 - as above Amend 21.26- as in 13.32 above Chapter 32 – Industrial Environments 32.1 Prohibited Activities The level of radioactivity stated as a prohibited activity allows for use of domestic smoke

detectors and use of radioactive materials in medical laboratories and hospitals, but does not allow installations such as food irradiation plants. These land uses are prohibited because the effects are unacceptable in most industrial environments where residential activities either occur or are within close proximity. However, within the Port Industrial Zone, radioactive materials are subject to the hazardous substances rules and a host of other legislation and regulations.

Amend 32.26 – Same as 13.32 and 21.26 Chapter 40- Rural Environments – Delete first paragraph 40.1 Prohibited Activities The level of radioactivity stated as a prohibited activity allows for use of domestic smoke

detectors and use of radioactive materials in medical laboratories and hospitals, but does not allow large installations such as food irradiation plants or nuclear power stations. These land uses are prohibited because the effects are unacceptable in the rural environment.

Amend 40.40 – Same as 13.32, 21.26, and 32.36 Chapter 50 – Open Space Environments – Delete first paragrahp 50.1 Prohibited Activities

The level of radioactivity stated as a prohibited activity allows for use of household smoke detectors and use of radioactive materials in medical laboratories and hospitals, but does not allow large installations such as food irradiation plants or nuclear power stations. These land uses are prohibited because the effects are unacceptable in the open space environments.

Amend 50.25 – Same as 13.32, 21.26, 32.36, and 40.40 Chapter 51 – Airport Zone Delete 51.22 and replace with wording as in 13.32 above Chapter 52 - Tertiary Education Zone Delete 52.21 and replace with wording as in 13.32 above



CHAPTER 63 HAZARDOUS SUBSTANCES Delete entire chapter and replace with new chapter as follows: 63.1 Introduction

In order to assess the hazard posed by various substances and the risk they present, the Council has adopted the “Hazardous Facility Screening Procedure, Land Use Planning for Hazardous Facilities 1995”, for use in assessing hazardous activities or facilities and deciding what level of consent is required.

63.2 The Hazardous Facility Screening Procedure The Hazardous Facility Screening Procedure (HFSP) will be applied to all proposed facilities using or storing hazardous substances. Existing facilities will not be subject to the HFSP unless they significantly expand or alter their operations. A significant alteration occurs when the effects of the use are not the same or similar in character, intensity or scale as previously, as is defined by Sections 10, 10A and 20 of the Resource Management Act. It is unlikely that the replacement of tanks or other equipment would attract screening by the HFSP unless this would enable a considerable increase in the storage or use of hazardous substances. The HFSP will be used as a screening tool to assist in making decisions:

a) Whether a proposed hazardous facility is permitted, subject to defined minimum

conditions, or b) Whether it requires a resource consent and additional, merit based assessment of risks.

A consent status matrix will determine the level of effects which is acceptable and above which resource consent will be required and special conditions may be set. A step by step guide on the application of the HFSP is attached to this document as Appendix 32.

63.3 RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant: 63.3.1 The adverse effects on the environment, human health and property of inadequate

management of hazardous substances and facilities. Section 31 of the Resource Management Act empowers the Council to control land uses to prevent or mitigate any adverse effects associated with the storage, use, disposal or transportation of hazardous substances. Discharges of contaminants to air, water and land are controlled by the Regional Council. Napier City contains a variety of industrial, commercial and agricultural activities which utilise hazardous substances, which if not properly managed can cause adverse effects on the environment, human health and property.

63.3.2 The management of hazardous substances and facilities in areas where a close mix

of land uses occurs.

The management of hazardous substances and facilities is especially important in areas where a mix of land uses are located. Such management requires the use of consistent measures to assess the risk associated with hazardous substances and facilities which



store and use hazardous substances. The use of the Hazardous Facility Screening Procedure (HFSP) and industry Codes of Practice will provide consistency for decisions pertaining to hazardous substances and facilities.

63.3.3 The potential for adverse effects on sensitive environments through inadequate

management of hazardous substances.

The nature and scale of adverse environmental effects, and the risks associated with land uses storing or using hazardous substances, are influenced in part, by their location, such as their proximity to sensitive environmental areas e.g. estuarine, river and coastal areas and residential areas. Specific controls relating to the use and storage of hazardous substances will therefore directly address the nature of the environmental effect and the potential level of risk of any hazardous substance or facility.

63.3.4 Allowing the use of hazardous substances in a domestic context without

unnecessary regulation.

There are a range of substances used in domestic households throughout Napier daily that are or have the potential to be hazardous, either individually or when mixed with other substances. However, hazardous substances used in a domestic context are, for the most part, only used or stored in small amounts and are less likely to have an adverse effect on the environment.

OBJECTIVES, POLICIES AND METHODS The following objectives, policies and methods apply: Objective 63.4 To prevent or mitigate any adverse environmental effect associated with facilities and land uses involving the storage, use, disposal or transportation of hazardous substances. This objective relates to Issues 63.3.1; 63.3.2; 63.3.3 and 63.3.4. Policies In order to achieve this objective, the Council will: 63.4.1 Ensure that land uses do not give rise to the risk of contamination of the environment

through the use, storage or transportation of hazardous substances. 63.4.2 Ensure that land uses having levels of hazardous substances, which have the potential to

significantly affect the environment, are located in industrial zones with special standards. 63.4.3 Mitigate or prevent the cumulative effects of hazardous facilities on the environment. 63.4.4 Ensure hazardous facilities adjacent to the sensitive environments do not give rise to

effects that would have a negative impact on the environment. 63.4.5 Promote greater public awareness of the potential environmental effects of hazardous substances

and facilities.

Principal Reasons for Adopting Objective and Policies Facilities or land uses involving hazardous substances may cause adverse environmental effects when the



substances are not adequately controlled and escape into the environment. These effects may be more adverse where sensitive land uses are in close proximity. For example the potential effects on river, estuary, coastal and residential areas are an important consideration in the management and location of hazardous facilities. The promotion of the potential adverse environmental effects associated with the use and storage of hazardous substances will assist in ensuring that negative environmental effects are avoided.

Methods

(1) Consent Status Matrix in association with the Hazardous Facility Screening Procedure.

(2) Education - jointly with the Hawke’s Bay Regional Council. (3) Other legislation e.g. Hazardous Substances and New Organisms Act (4) Industry Codes of Practice.

Reasons for Methods The Hazardous Facility Screening Procedure, other legislation and industry Codes of Practice ensure that a consistent approach is applied to hazardous substances management throughout the City. Education, in conjunction with the Hawke’s Bay Regional Council, ensures increased awareness of responsibilities and potential effects of hazardous substances.


(1) An environment where the risk of contamination by hazardous substances is minimised.

(2) A low level of hazardous substance use and storage in the vicinity of sensitive

environments. RULES 63.6 Summary of Hazardous Substances Rules

The following is a quick reference guide that summarises the Hazardous Substances Activity Table. It is intended to be a guide only and should not be used in place of the Hazardous Substances Activity Table elsewhere in this Chapter.

Rule Number and Description Classification Page Number Rule 63.7 Any land use which manufactures, handles or stores hazardous

substances with an effects ratio equal to or less than the effects ratio for the respective zone, as identified in the Consents Status Matrix.

Permitted 5

Rule 63.8 The use, handling, storage and disposal of hazardous substances by Educational Facilities

Controlled 5

Rule 63.9 The use, handling, storage and disposal of hazardous substances by Service Stations

Controlled 6

Rule 63.10 Any activity referred to in rule 63.7 that does not comply with all the relevant conditions, unless stated elsewhere in this Plan.


6

Rule 63.11(a) Any hazardous facility with an effects ratio greater than the effects ratio for the respective zone, as identified in the Consents Status Matrix.

Discretionary 7

Rule 63.12(a) The use, storage or disposal of radioactive material with an activity exceeding 1,000 terabequerels.

Prohibited 7

DISTRICT WIDE HAZARDOUS SUBSTANCES - ACTIVITY TABLE




63.7 Manufacturing, Handling and Storage of Hazardous Substances

1. Any land use which manufactures, handles, or stores hazardous

substances is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the Hazardous Substances Condition Table elsewhere in this Chapter.

b) The land use’s effects ratio is equal to or less than the effects

ratio for the respective zone as identified in the Consent Status Matrix elsewhere in this Chapter.




63.8 Educational Laboratories 1. The use, handling, storage and disposal of hazardous substances

by Educational Facilities is a controlled activity provided that:

a) It must comply in all respects with the relevant conditions in the Hazardous Substances Activity Table and Condition Table with the exception of Rule 63.14 the HFSP Effects Ratio.

The Council shall exercise its control over the following: b) The construction of and safety in laboratories c) Procedures to minimise the use and storage of hazardous

substances (especially flammables) in laboratories to quantities which are reasonably required to undertake teaching and research activities, and to store excess hazardous substances in purpose built facilities.

d) A hazardous waste management plan including guidelines on

the disposal of hazardous waste.

e) An emergency plan which systematically outlines the hazards in the laboratory and the action to be taken in emergencies.

f) The procedure to maintain a register of, and to regularly review,

incidents and accidents. NOTE: Adherence to the following Codes of Practice or Standards will

constitute an acceptable means of compliance to satisfy some of the matters over which Council exercises its control over:

- AS 2982.1:1997 – Laboratory Design & Construction - AS 2243.1:1997 – Safety in Laboratories – General. - AS 2243.2:1997 – Safety in Laboratories – Chemical Aspects - AS 2243.3:1995 – Safety in Laboratories – Microbiology - AS 2243.5:1993 – Safety in Laboratories – Non-ionising Radiation - AS 2243.6:1990 – Safety in Laboratories – Mechanical Aspects - AS 2243.8:2001 – Safety in Laboratories – Fume Cupboards - AS 2243.9:1991 – Safety in Laboratories – Recirculating Fume

Cabinets. - AS 2243.10:1993 – Safety in Laboratories – Storage of

Chemicals. 2. Applications for resource consent will not be publicly notified in

respect of the use, handling, storage and disposal of hazardous substances by Educational Facilities that fully comply with the standards and terms, and notice of applications need not be served.


63.9 Service Stations 1. The use, handling, storage and disposal of hazardous substances

by Service Stations is a controlled activity provided that:





Hazardous Substances Activity Table and Condition Table with the exception of Rule 63.14 the HFSP Effects Ratio.

b) The storage of petrol, diesel and LPG does not exceed the following limits: (i) 100,000 litres of petrol in underground tanks; and (ii) 50,000 litres of diesel in underground tanks; and (iii) 6 tonnes (single vessel storage) of LPG.

The Council shall exercise its control over the following: c) The design, installation and operation of underground petroleum

storage facilities. d) LPG storage and handling e) Access to and from the road network, including potentially

adverse effects on traffic safety of the adjoining road network. f) Emergency and spill contingency plans.

NOTE: Adherence to the following Codes of Practice or Standards will

constitute an acceptable means of compliance to satisfy some of the matters over which Council exercises its control over:

- The Code of Practice for the ‘Design, Installation and

Operation of Underground Petroleum Systems’ (Dept of Labour, 1992).

- AS/NZS 1596:2002 – Storage & handling of LP Gas

2. Applications for resource consent will not be publicly notified in respect of the use, handling, storage and disposal of hazardous substances by Service Stations that fully comply with the standards and terms, and notice of applications need not be served.

RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion

to for restricted discretionary activities. 63.10 Land Uses Not Complying With Conditions 1. Any permitted activity or controlled activity that does not comply with

all of the relevant conditions in the Hazardous Substances activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The potential adverse effects of a spillage or

discharge of hazardous substances and the means of avoidance through the adoption of such techniques as monitoring of the land use, site layout design and management, spill contingency planning, spill monitoring and maintenance programmes.

- The extent to which such matters as proximity to and the sensitivity of the environment around the proposed land use poses a risk to the environment.

- The nature and volume of the hazardous substances.



- The matters set out in Chapter 1.6.5.



consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and any assessment criteria



outlined in the HFSP appended to this Plan. The Council’s discretion is unrestricted.

a) Any hazardous facility with an effects ratio above the effects

ratio specified for the zone in which it proposes to locate, as indicated in the consent status matrix in this chapter.


63.12 Prohibited Activities 1. The following are prohibited activities for which no resource consent

will be granted:

a) The use, storage, or disposal of radioactive material with an activity exceeding 1000 terabequerels, other than within the Port Industrial Zone and Tertiary Education Zone.

DISTRICT WIDE HAZARDOUS SUBSTANCES – CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


63.13 Exceptions to the HFSP 1. The following activities do not require an Effects Ratio calculation

and do not have to comply with the Hazardous Substances Activity and Condition Tables:

a) Trade waste sewer and waste treatment or disposal facilities. b) The storage or use of hazardous consumer products for private

domestic purposes. c) Retail activities for the domestic usage and sale of hazardous

substances, (for example: supermarkets, hardware stores, and pharmacies).

d) Facilities using genetically modified or new organisms. e) Developments perceived as hazardous but not involving

hazardous substances. f) Dust explosions. g) Gas and oil pipelines. h) Fuel in motor vehicles, boats and small engines such as

lawnmowers, chainsaws, etc. i) Agrichemical use, storage and disposal where these activities

are carried out in accordance with NZS 8409:1999 Code of Practice for the Management of Agrichemicals.



63.14 Effects Ratio 1. The following conditions shall apply to all land uses unless stated

by a rule elsewhere in this Plan:

a) No land use shall have an effects ratio greater than the effects ratio for the respective zone as identified in the following consents status matrix:

Zone Effects Ratio All residential zones: 0.02 All commercial zones (including Rural Commercial):

0.2

Main Industrial; Suburban Industrial except: Main Industrial; Suburban Industrial within 50

metres of any residential zone: Main Industrial at Awatoto: Port Industrial: Business Park

0.75

0.5 1.0 1.0 0.5

Main Rural: Rural Residential: Rural Conservation: Rural Settlement: Jervoistown:

0.75 0.2 0.2 0.02 0.02

Foreshore Reserve: Marine Parade Recreation: Reserve: River Conservation: Sports Park:

0.02 0.1 0.1 0.02 0.1

Airport: 0.75 Tertiary Education: 0.3

NOTE: Any land use with an effects ratio greater that the effects ratio for the respective zone is a discretionary activity. Refer to Rule 63.11.

NOTE: Reference to Appendix 32 of this Plan will

assist Plan users to calculate the effects ratio for their land use/activity. Alternatively Council has available a computerised spreadsheet that can be used to carry out a HFSP, plus additional technical information on particular hazardous substances.

63.15 Site Design 1. The following site design conditions shall apply to all land uses,

other than those exempted in Rule 63.13:

a) Any part of a hazardous facility site where hazardous substances are used for their intended function must be designed, constructed and managed in a manner that prevents: i) Any effects of the intended use from occurring outside of the

intended target area. ii) The entry or discharge of the hazardous substance into the

stormwater drainage system. iii) The entry or discharge of the hazardous substance into the

sewerage system unless permitted by the sewerage utility operator.

b) Any part of a hazardous facility site where hazardous

substances are used, stored, manufactured, mixed, packaged, loaded, unloaded or otherwise handled must be designed, constructed and managed in a manner that prevents: i) The contamination of any land and/or water (including

groundwater and potable water supplies) in the event of a spill or other unintentional release of hazardous substances.

ii) The entry or discharge of the hazardous substance into the

stormwater drainage system in the event of a spill or other unintentional release.

iii) The entry or discharge of the hazardous substance into the

sewerage system in the event of a spill or other unintentional release.

c) All hazardous facility sites shall be designed, constructed and

managed in a manner that any stormwater originating on, or collected on the site does not become contaminated.

Matters: - The potential adverse effects of a spillage or






Adherence to the following design guidelines is deemed to be one method of complying with this condition:

i) Spill Containment System

The parts of the hazardous facility site described in Rules 63.15.1(a) and 63.15.1(b) above shall be serviced by a spill containment system that is: Constructed from impervious materials resistant to the

hazardous substances used, stored, manufactured, mixed, packaged, loaded, unloaded or otherwise handled on the site.

Able to contain the maximum volume of the largest tank used, or where drums or other containers are used, able to contain half of the maximum volume of substances stored.

Able to prevent any spill or other unintentional release of hazardous substances, and any stormwater and/or fire water that has become contaminated, from entering the stormwater drainage system.

Able to prevent any spill or other unintentional release of hazardous substances, and any stormwater and/or fire water that has become contaminated, from discharging into or onto land and/or water (including groundwater and potable water supplies) unless permitted by a resource consent.

ii) Stormwater drainage All stormwater grates on the site shall be clearly labelled

“Stormwater Only”.

iii) Wash down areas

Any part of the hazardous facility site where vehicles, equipment or containers that are or may have become contaminated with hazardous substances are washed must be designed, constructed and managed to prevent the effluent from the wash down area from:

Entry or discharge into the stormwater drainage

system. Entry or discharge into the sewerage system unless

permitted by the sewerage utility operator. Discharge into or onto land and/or water (including

groundwater and potable water supplies) unless allowed by a resource consent or a rule in a regional plan.

iv) Underground Storage Tanks

Underground tanks for the storage of petroleum

products must be designed, constructed and managed to prevent leakage and spills.

NOTE: Adherence to the Code of Practice for “Design, Installation and Operation of Underground Petroleum Systems” (Department of Labour - Occupational Safety and Health) is deemed to be one method of complying with this condition.

63.16 Signs 1. The following sign conditions shall apply to all hazardous facilities

other than those exempted in Rule 63.13:

a) All hazardous facilities must be adequately signposted to indicate the nature of the substances stored, used or otherwise

Refer to Chapter 58 (Signs).



handled.

NOTE: Adherence with the Code of Practice for Warning Signs for Premises Storing Hazardous Substances of the New Zealand Chemical Industry Council, or other Code of Practices approved by the New Zealand Fire Service are useful documents to assist with satisfying this condition.

63.17 Waste Management 1. The following waste management conditions shall apply to all

hazardous facilities, other than those exempted in Rule 63.13:

a) Any process waste or waste containing hazardous substances must be managed to prevent:

i) The waste entering or discharging into the stormwater

drainage system. ii) The waste entering or discharging into the sewerage system

unless permitted by the sewerage utility operator. iii) The waste discharging into or onto land/or water (including

groundwater and potable water supplies) unless allowed by a resource consent or a rule in a regional plan.

b) The storage of any process waste or waste containing

hazardous substance shall at all times comply with the conditions in Rule 63.15.1(c).

c) The storage of any waste containing hazardous substance must

be in a manner that prevents:

i) The exposure to ignition sources. ii) The corrosion or other alteration of the containers used for

the storage of the waste. iii) The unintentional release of the waste.

d) Any hazardous facility generating waste containing hazardous

substances must dispose of these wastes to appropriately permitted facilities, or be serviced by a registered waste disposal contractor.

Matters: - The potential adverse effects of a spillage or




63.8 PRINCIPAL REASONS FOR RULES 1. Land Uses Generally Many activities throughout the City involve the use of substances which are classed as

hazardous in some respect. These rules recognise this fact, and set levels of use that you would typically expect to find in the type of land use. Account is also taken of the sensitivity of the environment. The level of hazardous substances permitted within a zone reflects the needs of the user and a level of protection for the environment that is appropriate.

2. Residential and Rural Settlement and Jervoistown Zones

The low effects ratio reflects the need to have a safe living environment. It does allow for small levels of hazardous substances associated with home occupations and home handy-man activities.

3. Commercial and Rural Commercial Zones



The effects ratio for the commercial area of the City allows for medium levels of hazardous substances. This enables the storage and use of substances that can form part of a retail activity or other type of commercial activity (for example, a car valet store).

4. Industrial Zones The industrial effects ratios reflect the environments in which the different industrial areas of the city are located. Historically Awatoto has been recognised as a zone for heavy industry and the Ravensdown Fertiliser Works is located there. It is therefore appropriate that an effects ratio of 1 is applied to this area. This is consistent with the HFSP which assigns an effects ratio of 1 to a heavy industrial area. The remaining industrial areas could not be regarded as heavy industrial zones and are closer to residential areas. A lower effects ratio is therefore appropriate.

6. Main Rural Zone

The effects ratio trigger for the Main Rural Zone reflects the nature of the industry where pest / disease control is a central part of the land use.

7. Rural Residential and Rural Conservation Zones

Other rural areas such as rural residential or the rural conservation zone have a lower effects ratio trigger than the rural zone. This reflects the density of development in the rural residential zone and sensitivity of the adjacent land use in the case of the rural conservation zone.

8. Foreshore Reserve and River Conservation Zones These areas are sensitive ecosystems and a low effects ratio trigger is appropriate.

9. Marine Parade Recreation, Reserve and Sports Park Zones These zones often have maintenance facilities and some have public swimming pools sited on them and a higher effects ratio than other conservation natural areas reflects this.

10. Airport Zone

The Hawke's Bay Airport is treated as an industrial zone for the purposes of the effects ratio trigger. This recognises the materials used or handled as part of the airport’s operations.

11. Tertiary Education Zone The Eastern Institute of Technology (EIT) undertake a variety of training courses, of which a number involve the handling and use of hazardous substances. In addition, substances are likely to be required for the maintenance of the EIT campus. However, due to its proximity to nearby residential areas and the presence of staff and students within the campus, a medium effects ratio trigger is appropriate for the zone.

12. Controlled Activities

The Controlled Activities include specific activities, i.e. service stations and educational laboratories. These activities are exempt from the HFSP either because their effects and risks can be adequately managed by other, well established controls, or they are difficult to assess on an individual basis.

There are a range of existing codes of practice and standards for service stations and educational laboratories. However, these codes of practice or standards are not embedded in any legislation and are, therefore, voluntary. It is therefore necessary to ensure that where these codes or standards are not complied with, Council has the ability to assess these activities and ensure that their potential effect on people, property and the environment are effectively prevented or mitigated.



Adherence to the codes of practice or standards will constitute an acceptable means of compliance to satisfy some of the matters over which the Council reserves its control in relation to service stations and educational laboratories.

Insert new CHAPTER 63

CHAPTER 63 HAZARDOUS SUBSTANCES

63.1 Introduction

The use of hazardous substances and genetically modified organisms in New Zealand is primarily managed by the Hazardous Substances and New Organisms Act 1996 (HSNO). The purpose of the HSNO Act is to ‘protect the environment, and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances and new organisms’. The HSNO Act is administered by the Ministry for the Environment and implemented by the Environmental Protection Authority. The new Ministry of Business, Innovation and Employment is also involved with enforcement in terms of hazardous substances.

63.2 HSNO Act

The HSNO Act provides the general framework for controlling hazardous substances during their entire life-cycle. Requirements apply from manufacturing or importing a substance, through its use, to disposal. This ‘cradle-to-grave’ approach is intended to ensure that the specific adverse effects posed by hazardous substances are managed consistently and comprehensively.

The Resource Management Act 1991 (RMA) provides scope for additional controls for hazardous substances located on particular sites. Through Section 31, Regional and District Councils share the function of: Section 31(1)(b) ‘The control of any actual or potential effects of the use, development, or protection of land, including for the purpose of –

… (ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances.’ …

The current Ministry for Environment advice is that Council’s take the approach that hazardous facilities are generally managed adequately through the HSNO Act. Compliance with this legislation will generally ensure that any adverse effects arising from an accident or incident will be internalised within the hazardous facility site. The District Plan therefore seeks to avoid any duplication of regulation with the HSNO Act. An extra layer of protection can however be applied appropriately under the RMA to particularly sensitive environments or in relation to major hazardous facilities, in order to further minimise the potential for adverse effects impacting on the environment or the community. In the case of Napier City, the Ahuriri Estuary is considered to be one such environment, while major hazardous facilities will be assessed as to their appropriateness via the resource consent process.

63.3 RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant: 63.3.1 The adverse effects on the environment, human health and property of inadequate

management of hazardous substances and facilities.



Hazardous substances are used in a wide range of activities occurring within the Napier City, from dry-cleaning clothes, manufacturing industrial products, to controlling pests and plant diseases in the agricultural sector. The use of hazardous substances creates the potential for adverse effects on human health, property or the natural environment.

63.3.2 The potential for adverse effects on sensitive environments through inadequate

management of hazardous substances.

The nature and scale of adverse environmental effects, and the risks associated with land uses storing or using hazardous substances, are influenced in part, by their location, such as their proximity to sensitive environmental areas e.g. estuarine, river and coastal areas and residential areas. Specific controls relating to the use and storage of hazardous substances will therefore directly address the nature of the environmental effect and the potential level of risk of any hazardous substance or facility.

63.3.3 District Plans should not duplicate regulation already provided by the Hazardous

Substances and New Organisms Act 1996 (HSNO).

The use of hazardous substances and genetically modified organisms in New Zealand is primarily managed by the Hazardous Substances and New Organisms Act 1996 (HSNO). Section 31 of the Resource Management Act 1991 (RMA) provides scope for additional controls for hazardous substances located on particular sites. The District Plan therefore seeks to avoid any duplication of regulation with the HSNO Act. An extra layer of protection can however be applied appropriately under the RMA to particularly sensitive environments or in relation to major hazardous facilities, in order to further minimise the potential for adverse effects impacting on the environment or the community. In the case of Napier City, the Ahuriri Estuary is considered to be one such environment, while major hazardous facilities will be assessed as to their appropriateness via the resource consent process.

OBJECTIVES, POLICIES AND METHODS The following objectives, policies and methods apply:

In order to achieve this objective, the Council will: Policy 63.4.1 Ensure that where activities involving hazardous substances are located in proximity to the

sensitive environment of the Ahuriri Estuary, they are designed and managed to reduce risks to the environment and community.

Objective 63.4 To protect the community and natural environment from the adverse effects associated with hazardous substances.

Objective 63.5 To enable activities to utilise hazardous substances where necessary for their operations, in appropriate locations.



In order to achieve this objective, the Council will: Policy 63.5.1 To ensure that major hazardous facilities are appropriately sited and managed in order to

reduce risks to the environment and community.

In order to achieve this objective, the Council will: Policy 63.6.1 To not regulate the use, storage or transportation of hazardous substances, nor any activities

associates with the release of GMOs in the District Plan, where adequate levels of community and environmental protection is already provided by the Hazardous Substances and New Organisms Act 1996, or other legislation and regulation.


The reasons align with the before mentioned policies.

(1) The protection of the quality of the water of the Ahuriri Estuary is important as this is a sensitive ecosystem.

Additional protection to that provided by HSNO regulation is therefore considered appropriate to apply to this area to ensure that this water resource is not contaminated.

(2) Major hazardous facilities have the ability to adversely affect the environment and community if they are not

appropriately sited and/or managed. HSNO and associated regulation aims to internalize the effects of hazardous substances to within the site/building they are located on. However, through deeming all major facilities a Discretionary Activity, it will allow Council the discretion to determine whether proposed locations and methods of risk management are appropriate. This includes opportunity to consider risks to neighbouring properties and communities from fire or natural hazard events affecting the hazardous facility.

(3) The previous District Plan contained a comprehensive hazardous substances regulation including rules requiring screening via the Hazardous Facilities Screening Procedure or HFSP. In the late 1990’s the HSNO Act had not been fully implemented with transitional provisions still applying and there was belief that hazardous substances also required regulation under the RMA. Current advice from the Ministry for the Environment is that the HFSP is out of date and is a duplication of HSNO regulation. Given this there is a need for change in the management of hazardous substances under the District Plan and part of this change is to avoid the duplication of regulation. This same approach is considered appropriate in relation to the management of GMOs. In addition to this the HFSP is difficult to use and was not often used in the assessment of activities under the District Plan.

Given this there is a need for change in the management of hazardous substances under the District Plan and part of this change is to avoid the duplication of regulation. This same approach is considered appropriate in relation to the management of GMO’s (genetically modified organisms).

Notwithstanding this however, there is still the need to consider the potential impacts of major hazardous facilities and the appropriateness of their location with regard to community and environmental risk.

Methods

(1) City Of Napier District Plan (2) Napier City Council Bylaws (3) Other legislation

Objective 63.6 To avoid any unnecessary duplication of regulation between the Hazardous Substances and New Organisms Act 1996 and the District Plan.



(4) Radiation Protection Act 1965 and Radiation Protection Regulations 1982

(5) Codes of Practice and New Zealand/Australian Standards

(6) Compliance and Monitoring (7) Integrated Management (8) Hazardous Substances and New Organisms Act 1996 (9) Hawkes Bay Regional Council

Reasons for Methods (1) The rules contained in the Hazardous Substances Section of the City of Napier District Plan work to

ensure that additional precaution is exercised in the use and storage of hazardous substances near the Ahuriri Estuary, but generally acknowledge the HSNO Act as providing the appropriate regulation to manage the effects of hazardous substances.

(2) A number of bylaws have provisions relating to risks from hazardous substances including Napier City’s

fire control (2008), solid waste (2012), trade waste (2008), water supply (2012), wastewater drainage (2008), and stormwater drainage (2012) bylaws.

(3) Other legislation that includes provisions relating to the use, storage, disposal or transportation of

hazardous substances include: the Building Act 1991, Health and Safety in Employment Act 1992, Transport Act 1992 and the Civil Defence Act 1983.

(4) The use, storage and transport of radioactive material is controlled and licensed by the Ministry of Health

through the National Radiation Laboratory. (5) A variety of Codes of Practice and New Zealand/Australian Standards covering various aspects of the

hazardous substance industry have been developed by the relevant industries, often in association with local authorities, the Department of Labour, the Environmental Protection Authority or the Ministry for the Environment. Codes of Practice are an approved means of complying with HSNO and are designed to provide guidance on how to eliminate or minimise the risk associated with hazardous substances. A good example of this is the EPA approved code of practice “Management of Agrichemicals NZS 8409:2004”.

(6) Monitoring will be undertaken to ensure that the conditions of resource consents are complied with. In

general the appropriate authorities to direct complaints regarding the location or appropriate management of hazardous facilities to (aside from any relating to the rules or standards in this Plan section) will be the Environmental Protection Authority or the new Ministry of Business, Innovation and Employment.

(7) Napier City will work with the Hawke’s Bay Regional Council, adjacent local authorities and other

statutory agencies and industries where appropriate for the assessment and management of hazardous facilities.

(8) HSNO requires that hazardous facilities may require a location test certificate, approved handler test

certificates and/or a stationary container test certificate, dependant on the type and quantity of hazardous substances held at a site.

The HSNO Act requires that when considering an application, the EPA must assess the environmental risks. It must examine issues such as the risk of an organism escaping from a laboratory or the risk of contamination of surrounding plants by pollen from GMOs. In the case of field tests, the EPA must require that they are carried out under strict conditions to reduce any potential risk to the environment. It must also ensure that genetic material is not released outside the field test site and that this material is destroyed once the test is finished.

(9) Hawke’s Bay Regional Council also has involvement in the management of hazardous substances.

Regional Councils regulate water quality, air quality and discharges to land; as well as assisting in the safe disposal of hazardous substances.




(1) Avoidance of unacceptable risk to the community and the environment from the use, storage and transport of hazardous substances

(2) Appropriate precaution is taken in the management of hazardous substances near

the Ahuriri Estuary Zone. (3) There is no unnecessary duplication of regulation between the Hazardous

Substances and New Organisms Act 1996 and the District Plan. (4) Activities utilise hazardous substances where necessary for their operations, in

appropriate locations. RULES

63.8 Summary of Rules for Network Utility Operations

The following is a quick reference guide that summarises the Hazardous Substances Rule Table. It is intended as a guide only and should not be used in place of the Hazardous Substances Activity Table and Condition Table elsewhere in this Chapter.


Rule 63.9 The storage, handling or use of hazardous substances (excepting Arsenic (As) and Major Hazardous Facilities) within the Ahuriri Estuary Zone.

Permitted

Rule 63.9(A) The storage, handling or use of hazardous substances in all other areas (excepting Major hazardous Facilities) Permitted

Rule 63.10 Any permitted activity that does not comply with all the relevant conditions unless stated elsewhere in this Chapter.


Rule 63.11 Major Hazardous Facilities Discretionary

Rule 63.12 The storage, handling or use of Arsenic (As) within the Ahuriri Estuary Zone. Prohibited

Note: The District Plan does not seek to duplicate the regulation provided by the Hazardous

Substances and New Organisms Act 1996. The plan therefore remains silent on the general storage, handling or use of hazardous substances, which are not listed in the above table and therefore not regulated by this District Plan

DISTRICT WIDE HAZARDOUS SUBSTANCES - ACTIVITY TABLE PERMITTED ACTIVITIES


63.9 The storage, handling or use of hazardous substances (excepting Arsenic (As) and Major Hazardous Facilities) within the Ahuriri Estuary Zone provided that: (a) It complies in all respects with the relevant conditions in

the Hazardous Substances Condition Table.


63.9(A) The storage, handling or use of hazardous substances in all other areas (excepting Major hazardous Facilities)





63.10 Activities Not Complying with Conditions. 2. Any permitted activity that does not comply with all of the

relevant conditions in the Hazardous Substances Activity Table and Condition Table is a restricted discretionary activity, unless stated a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The cumulative effect of non-compliance with

more than one condition. - The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 63.14 of

this Plan where applicable.


63.11 Discretionary Activities 1. The following activity is a discretionary activity. A resource

consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 63.14. The Council’s discretion is unrestricted.

a) Major Hazardous Facilities


63.12 Prohibited Activities 1. The following is a prohibited activity for which no resource

consent will be granted:

The storage, handling or use of Arsenic (As) within the Ahuriri Estuary Zone.

DISTRICT WIDE HAZARDOUS SUBSTANCES – CONDITION TABLE CONDITIONS FOR PERMITED ACTIVITIES Matters the Council will restrict its discretion

to for restricted discretionary activities 63.13 The storage, handling or use of hazardous

substances located within the Ahuriri Estuary Zone.

1) Impervious surfaces All hazardous substances shall be stored and handled on areas which have impervious surfaces. This impervious surface requirement also applies to fuel operated machinery and vehicles. Note: For the purposes of this performance standard the storage and conveyance of gas or oil in pipelines that are part of a network utility, are deemed to comply.

2) Storm water Facilities shall be provided to prevent hazardous substances from being washed or spilled into natural ground or entering any piped storm water systems or storm water ground soakage during a 1% AEP rain event.

The extent that the quality of the water in the Ahuriri Estuary will be protected from the accidental spillage of hazardous substances.

63.14 ASSESSMENT CRITERIA

Some discretionary and restricted discretionary rules refer to assessment criteria to assist the Council in considering resource consent applications. The Council will have regard to the Assessment Criteria outlined below for hazardous substances when considering and application under Sections 104 and 105 of the Act.



1 General

An assessment shall be provided, focussing on the following issues:

(a) Risk Factors (i) Assessment of the probability and potential consequences of an accident

leading to the release or loss of control of hazardous substances. This assessment should focus on the ability of the design and management of the site to avoid accidents, such as spill containment measures, fire safety and fire water management, emergency management, site drainage and off-site infrastructure (e.g. storm water drainage system, sewer type and capacity) and the disposal of waste containing hazardous substances.

(ii) Potential risk and effect on natural ecosystems and the life supporting

capacity of land and water, including the Ahuriri Estuary, water bodies and sources of potable water.

(iii) The potential for natural hazards to impact on the operation of the hazardous

facility. In addition for Major Hazardous Facilities the following apply: (iv) Potential risk and effect on people and neighbouring activities, with emphasis

on sensitive activities such as residential zones, educational facilities and community facilities.

(v) Potential risk and effect on sites of significance to Tangata Whenua, sites of historical or archaeological significance.

b) Alternative locations

The inclusion of evidence that alterative locations for the activity have been considered, having particular regard to locations both within the sites and outside of the site.

c) District Plan

Consistency with the Objectives, Policies and Methods of the relevant Zone and of Section 63 of the City of Napier District Plan.

d) Record of existing activity

The record of compliance and acceptable risk management of any existing activity where expansion of the activity is proposed.

2. Hazardous facilities located within the Ahuriri Estuary not meeting Conditions 63.13

In addition to the matters listed above an application will be assessed according to the matters listed below:

a) Storm water and sewerage

The availability of a fully reticulated storm water and sewerage disposal system or onsite treatment systems for the treatment of contaminated waste water or storm water from buildings and yards.



b) Solid and liquid waste

The method of disposal of both solid and liquid waste and the volume of waste disposal.

63.15 PRINCIPAL REASONS FOR RULES

The Ministry for Environment has currently advised Council’s that hazardous facilities are normally managed through the HSNO Act. Compliance with this legislation will usually ensure that any adverse effects arising from an accident or incident will be internalised within the hazardous facility site. The District Plan therefore seeks to avoid any duplication of regulation with the HSNO Act. An extra layer of protection can however be applied under the RMA to particularly sensitive environments, or in relation to major hazardous facilities, in order to further minimise the potential for adverse effects impacting on the environment or the community. In the case of Napier City, the Ahuriri Estuary is considered to be one such environment while major hazardous facilities will be assessed as to their appropriateness via the resource consent process.

Add new Definition to Definitions Section Major Hazardous Facility means any facility which involves one or more following activities:

• Manufacturing of hazardous substances (including industries manufacturing agrochemicals, fertilisers, acids/alkalis or paints)

• Oil and gas exploration and extraction facilities • The storage/use of more than 100,000l of petrol • The storage/use of more than 50,000l of diesel • The storage/use of more than 6 tonnes of lpg • Galvanising plants • Electroplating and metal treatment facilities • Tanneries • Timber treatment • Freezing works and rendering plants • Wastewater treatment plants • Metal smelting and refining (including battery refining or re-cycling) • Milk treatment plants • Fibreglass manufacturing • Polymer foam manufacturing • Asphalt/bitumen manufacture or storage • Landfills

The following are examples of activities which are not considered to be major hazardous facilities:

• The incidental use and storage of hazardous substances in minimal

domestic scale quantities • Retail outlets for hazardous substances intended for domestic usage

(e.g. supermarkets, hardware stores and pharmacies) • Retail service stations and truck stops • Pipelines used for the transfer of hazardous substances such gas, oil,

trade waste and sewage • Fuel in motor vehicles, boats, airplanes and small engines • Military training activities • The transport of hazardous substances (e.g. in trucks or trains)


Notified Plan Change 10 218 Noise

NOISE CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout EXPLANATION: CHANGES TO NOISE PROVISIONS INCLUDE CHANGING PROVISIONS CONTAINED WITHIN EACH ZONE’S CHAPTER, AS WELL AS CHANGING THE DISTRICT WIDE CHAPTER FOR NOISE. Add the Following Introduction, Objectives, Policies, Activity Table and Condition Table to the District Wide Noise Chapter Change numbering where appropriate

Chapter 57 NOISE 57.1 INTRODUCTION

Noise is addressed in the relevant zones and rules are provided which relate to the particular zone. However, there are common rules that relate to noise throughout the City. These rules are outlined in this district wide chapter of the Plan. Noise ranks highly on the list of environmental pollutants and is an increasing matter to which communities must have regard. If the emission of noise from the various land use and transportation activities is not controlled, this is likely to result in long term adverse effects on the acoustic environment and the amenity of the individual properties, localities, and the wider City. The acoustic environment of Napier City varies from the low background noise levels in the rural areas where there is little sound generated by human activity, to areas of significant residential, commercial and industrial activities where noise levels are elevated. As with many other Councils, the noise climate in Napier is dominated by two main environmental noise sources - road traffic and industrial and commercial activity which includes agricultural and horticultural operations. Generally speaking, noise level drops as one moves away from these noise sources.

Industrial areas which generate, or have the potential to generate, significant noise include Onekawa, Awatoto, Pandora, Ahuriri and the Port of Napier. Some industry in these areas operate for a part of the night or on a continuous basis which impacts markedly on the night time background noise levels which are otherwise fairly low. Road traffic noise dominates the inner city area and there are also a number of major routes through the City which impact on adjacent areas, particularly residential. These routes include the Napier-Hastings Expressway, Main North Road, Marine Parade, Meeanee Quay, Willowbank Avenue, Kennedy Road and Taradale Road. The varying noise levels which exist in Napier City do give rise to the potential for conflict



where, for instance, industrial activities and residential areas adjoin one another and expectations for what is an acceptable acoustic environment are at variance. In these circumstances, consideration should be given to the need for effective sound insulation for new dwellings and existing dwellings undergoing renovations to protect the occupants from high background noise levels. The purpose of the District Plan is to provide a regime in which the management of noise generation is made possible in order to protect the amenity of the community, as well as enabling those activities which have noise associated with them to operate in a practical environment.

57.2 SIGNIFICANT RESOURCE MANAGEMENT ISSUES, 57.2.1 Noise Effects of Activities on Adjoining Properties

All occupiers of land have a responsibility to keep the emission of noise from their site to reasonable levels. In most circumstances a reasonable level of noise will be achieved when appropriate numerical noise Performance Standards are complied with. Appropriate design of buildings and careful location of noise generating equipment would minimise the impact on the receiving environment. The provision of areas such as industrial zones where lower noise standards can be accommodated internally provide alternative ways of managing noise generating activities. By ensuring that noise producing activities locate in areas of higher existing background noise level such activities are able to operate without undue restraint. Similarly, areas having existing low ambient noise levels will be able to maintain their acoustic quality by ensuring that only activities which produce little or no noise establish within them, for example, residential areas distant from major road traffic routes and industrial areas.

57.2.2 Protecting the Amenity of the Residential Zones Residential amenity needs to be protected against adverse effects which may arise from non-residential activities, often associated with, and located within residential areas for example, Places of Assembly and neighbourhood retail shops. Appropriate noise standards need to be established and complied with to ensure that these activities are compatible with the residential area. Excessive noise can also be created by the use of high powered stereo systems by residents. Consideration should be given to the need for effective sound insulation for new dwellings and existing dwellings undergoing renovations to protect the occupants from outdoor noise. With housing density increasing in some areas and separation distances decreasing, achieving low internal noise levels is becoming one of the most important factors for a good dwelling.

57.2.3 An Increasing Diversity of Residential Location Trends towards inner city apartment dwellings means that traditional non-residential areas such as commercial and mixed use neighbourhoods are becoming popular for housing. This can often lead to conflict, particularly where the noise environment is greater than people expect or wish to tolerate in a residential setting.

57.2.4 Licensed Premises Generate Noise from Patrons Licensed premises such as hotels and night-clubs can cause serious disturbances at night if they are adjacent to, or in, residential areas. This is due to the noise levels associated with amplified music varying considerably; amplified music even at low levels can cause problems because of its intrusive nature; and, unpredictable and uncontrollable noise from car parks and patrons leaving the site late at night.



57.2.5 Noise Generation Associated with Rural Activities

Farming, agricultural, and horticultural activities can produce some noise which is difficult or impracticable to control. This situation has the potential to result in conflicting expectations particularly where people residing on rural lifestyle properties have anticipation of a consistently quiet environment.

57.2.6 Increasing Road Traffic Noise in Urban Areas Road traffic noise is not decreasing despite individual vehicles becoming marginally quieter at certain speeds. Long term control measures need to be adopted otherwise road traffic will continue to be the most annoying and disturbing noise source in the community. There are a number of mitigation measures that Council could consider. The Council also needs to plan its roading hierarchies, and land use zoning and development to avoid unacceptable exposure to new sources of traffic noise in the long term.

57.2.7 Temporary Disruption Caused by Construction Activities As noise from construction projects is generally of limited duration, the community will usually tolerate a higher noise level provided it is no louder than necessary, that it is indeed of limited duration, and that it occurs within appropriate hours of the 24 hour day.

57.2.8 Helicopter Landing Areas

The use of helicopter transport is likely to increase and as the noise generated by helicopters can be particularly intrusive, residential or other noise sensitive activities have the potential to be adversely affected.

57.2.9 Health of Communities Noise has the potential to adversely affect people’s health. Noise may be defined as unwanted sound. Sound may be described in terms of frequency, magnitude and duration, but noise has connotations of annoyance and disturbance which are subjective factors. Community reaction to noise is determined not only by the sound level, but also by the characteristics of the noise itself and the previous exposure of the community to noise. Adverse health effects of noise include:

- Physiological and chronic health effects - Annoyance - Interference with speech communications - Interference with the learning process and education - Interference with mental activity - Interference with rest and sleep

The desirable upper limit for night - time exposure is determined by criteria to protect from disturbance to the onset of sleep and awakening thresholds for the average person.

OBJECTIVES, POLICIES AND METHODS Objective 57.3 To manage the emission, and mitigate the effects of noise so as to maintain and enhance the acoustic environment ensuring no adverse effects and no incompatibility with human activities. This Objective relates to Issues 57.3.1, 57.3.2, 57.3.4, 57.3.6, 57.3.7, 57.3.8, and 57.3.9. Policies To achieve this objective the Council will:



57.3.1 Control the emission levels of noise throughout the City, based on existing ambient noise

and accepted standards for noise generation and receipt. 57.3.2 Manage the interface of different land use zones to protect the aural environment of

residential and other less noisy areas of the City. 57.3.3 Provide for areas where activities which generate higher levels of noise can operate

effectively. 57.3.4 Provide for noisy activities of limited duration and frequency which are of

importance to the community, subject to appropriate controls. Objective 57.4 To ensure the effects of noise are not adverse to people’s health. This Objective relates to issues 57.3.2, 57.3.4, 57.3.6, 57.3.7 and 57.3.9 Policies To achieve this objective the Council will: 57.4.1 Noisy construction and demolition activities will be allowed subject to restrictions to

ensure the protection of the community from excessive noise. 57.4.2 Manage noise from the road network to ensure the community is not exposed to

unacceptable levels of road traffic noise. 57.4.3 Have regard to the design and provision of effective noise mitigation on all new

Regional and District Arterials, and Collector Roads constructed in the City. Objective 57.5 To avoid noise sensitive activities where they will be located in existing high noise environments and the adverse effects of that noise cannot reasonably be mitigated. This Objective relates to issues 57.3.2, 57.3.3, 57.3.5, 57.3.6 and 57.3.9 Policies To achieve this objective the Council will: 57.5.1 Ensure that noise sensitive activities and the addition of a habitable space to existing noise

sensitive activities in non-residential zones are acoustically designed and constructed to mitigate noise arising from legitimately established commercial and industrial activities.

57.5.2 Require acoustic insulation of new noise sensitive activities and the addition of a habitable

space to existing noise sensitive activities where they are located within a noise control boundary such as those surrounding the Strategic Road Network and the Port of Napier.

Principal Reasons for Adopting Objectives and Policies

Different parts of the City have differing background noise levels which reflects the range of activities carried out in them. The District Plan will identify current accepted noise levels and include rules that establish appropriate noise levels for each zone, and activities at zone interfaces.



Different land use activities generate different levels of noise. Management of the interface of the different zones is important in order to ensure that noise does not intrude into quieter areas, and that at, or within, the boundary of each zone, noise levels meet accepted minimum standards for the receiving environment. To achieve this, noisy activities need to operate in appropriate locations of higher background noise level where the impact of such noise on the environment and its potential to cause adverse effects will be lessened. Some agricultural, horticultural and viticultural activities are inherently noisy and can have considerable impact in otherwise quiet rural environments. However many are seasonal or occur infrequently and only in adverse weather conditions. These occurrences can result in conflicting expectations in regard to the acoustic environment between non farming, rural residential and agricultural operators. Such noise should be minimised but not to the extent of preventing accepted agricultural, viticultural and horticultural activities operating. Many construction and demolition activities are inherently noisy but methods are available which can minimise the emission and impact of such noise. Noise experienced during construction and demolition is generally of a temporary nature and, provided ongoing noise at inconvenient times can be mitigated or avoided, reasonable levels of construction noise will be accommodated. Some activities such as construction, outdoor concerts, emergency service facility sirens and certain agricultural, viticultural and horticultural operations are inherently noisy but are of a temporary nature and therefore more tolerable than activities which generate noise continuously. Road traffic is a predominant source of noise in the community and impacts to some extent on almost all residents of the City. Major roads which have significant impact include The Napier- Hastings Expressway, Main North Road, Meeanee Quay, Taradale Road, Willowbank Avenue and Kennedy Road. Land use activities alongside existing and future major roads capable of carrying large traffic volumes should be compatible with the high traffic noise environment. Where new roads are built as part of the District Roading Hierarchy with the express purpose of acting as arterial and collector routes, appropriate mitigation on design measures shall be included to manage the noise generated, to ensure that the amenity of existing and future residents is protected. Sensitive land uses within mixed use and commercial zones areas have the potential to impinge upon the operating requirements of legitimate commercial and industrial activities within these areas. Sensitive land uses (such as residential dwellings and day care centres) will be required to be designed and constructed in a way that avoids or mitigates any adverse reverse sensitivity effects. Where residential areas are affected by activities of regional significance with particular noise characteristics such as the Port of Napier, Strategic Road Network etc, acoustic insulation rules will be applied to new noise sensitive activities such as dwellings which will require the mitigation of noise in the receiving environment to ensure that the amenity of existing and future residents is protected.

57.6 ANTICIPATED ENVIRONMENTAL OUTCOMES

(1) The exposure of residents to unacceptable levels of noise will be avoided.

(2) Sufficient flexibility for activities in mixed use and commercial zones will be provided while the amenity of the surrounding rural and residential zones will not be adversely affected.

(3) Inherently noisy crop protection devices in rural zones will be separated from residential activities or operated in a manner that does not compromise the health of neighbouring residents.

(4) Noise producing activities will be able to take place in appropriate zones without undue restriction.

(5) An environment where over time noise sensitive activities are protected from excessive noise through appropriate levels of acoustic insulation.

RULES



All rules contained in Chapter 57 – Noise apply throughout the City and over-ride the specific zone rules and other district wide rules, unless otherwise stated in this Chapter. Please note that this chapter does not over ride Port Noise, Airport Noise and Temporary Activities Noise provisions contained elsewhere in the District Plan.

57.7 Summary of Rules for Noise The following is a quick reference guide that summarises the Noise Rule Table. It is intended as a guide only and should not be used in place of the Network Utility Noise Activity Table and Condition Table elsewhere in this Chapter.


Rule 57.8 Any noise created by any activity that complies with all relevant conditions.

Permitted X

Rule 57.9 Noises Exempt from Conditions Permitted X

Rule 57.10 Any permitted activity or controlled activity that does not comply with all the relevant conditions, unless stated elsewhere in this Chapter.


X

DISTRICT WIDE NOISE - ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its


57.8 Any noise created by any activity that complies with all relevant conditions.

1. Any noise created that complies with all of the relevant conditions

and standards within the Noise Condition Table are permitted activities.


57.9 Exemptions from Maximum Noise Limits 1. The noise conditions and vibration conditions in any part of the

Plan, unless specifically stated, will not apply to the following, and are therefore considered permitted activities: a) In any area or zone to the emission of noise from the use of

vehicles, machinery or other mobile or portable equipment for agricultural activities, horticultural activities, viticultural activities, and forestry. This exemption does not apply to any fixed or permanently installed plant, but does apply to plants to which Rules 57.8, 57.9 and 57.10 relate.

b) In any zone to residential activities and recreational activities of

a normal recreational nature, such as sporting events and playground activities, (including the use of outdoor school grounds between the hours of sunrise and sunset) that do not involve motorised activities, gunfire or amplified music.

c) In any part of the City where the noise source is a warning

device used by emergency services. d) To vehicles travelling on a road (this does not apply to stationary

vehicles). e) To trains, other than when being tested (when stationary),

maintained, loaded, or unloaded. f) To aircraft:

The exemptions either apply or do not. Therefore, there are no matters the Council can restrict its discretion to.



i) operating during, or immediately before or after flight; ii) landing in an emergency or diverted aircraft; iii) emergency flights required to rescue people from life

threatening situations or to transport patients, human vital organs or medical personnel in a medical emergency;

iv) the operation of unscheduled flights required to meet the needs of a declared national or civil defence emergency;

v) owned or operated by the Defence Forces of the New Zealand Government or another sovereign state.

vi) for essential unscheduled aircraft engine testing.

g) To any pyrotechnics display at any event authorised by Council

h) To construction noise3 NOTES (1) Notwithstanding the above exemptions, all land uses shall be

subject to Section 16 and Part 12 of the Act.

(2) The Act defines ‘noise’ as including vibration. Furthermore, section 16 of the Act refers to the adoption of best practicable option to ensure that the emission of noise from land or water does not exceed a reasonable level, while Part 12 relates to excessive noise.

(3) Construction noise in any zone shall not exceed the

recommended limits in, and shall be measured in accordance with the provisions of NZ Standard 6803:1999 Acoustics – Construction Noise “Measurement and Assessment of Noise from Construction, Maintenance and Demolition Works”.

RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its


57.10 Any noise not complying with conditions 1. Any noise referred to in Rule 57.8 that does not comply with all of

the relevant conditions in the Noise Activity Table and Condition Table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The matters identified in the second

column of the Noise activity table and/or condition table only insofar as those matters result directly from non-compliance with the particular condition.



57.11 Discretionary Activities 1. There are no noises that are discretionary activities.


57.12 Prohibited Activities 1. There are no noises that are prohibited activities.

DISTRICT WIDE NOISE - CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


57.13 Measurement and Assessment of Noise

Matters:



1. Unless stated by a rule or standard elsewhere in this Plan, noise

shall be measured in accordance with New Zealand Standard 6801:2008 Acoustics - Measurement of Environmental Sound and assessed in accordance with New Zealand Standard 6802:2008 Acoustics - Environmental Noise.

- The measurement of noise. - The assessment of noise.

57.14 Construction Noise 1. The following construction noise conditions shall apply to all land

uses:

a) Any noise arising from construction, maintenance and demolition work in any zone:

i) Must comply with New Zealand Standard NZS6803:1999

Acoustics: Construction Noise.

b) Construction noise must be measured and assessed in accordance with New Zealand Standard NZS6803:1999 Acoustics: Construction Noise.

Matters: - The sound levels likely to be generated. - The nature and frequency of the noise

including any special audible characteristics. - The compatibility with the surrounding

environment. - The effects on amenity values. - The length of time for which specified noise



generation.

57.15 Helicopter Landing Areas 1. Noise associated with helicopter landing areas must not exceed the

limits specified in the following table:

* The hours for night-time LAFmax shall be 2200 hours to 0700 hours the following day for the purposes of this rule.

2. Noise must be measured and assessed in accordance with New

Zealand Standard NZS6807:1994 (Noise Management and Land Use Planning for Helicopter Landing Areas).

3. The operator of any helicopter landing area must require, as a

condition of use of the site, that all pilots using the site, plan routes and fly in accordance with the recommendations of the Helicopter Association International “Fly Neighbourly Guide” February 2009 Revision.

Environment Zone

Edn (night - weighted

sound exposure) Pa2

s

Ldn (day - night average sound level)

dBA

Lmax* (night time maximum

sound level) dBA

Industrial 1000 75 n/a Commercial 100 65 n/a Residential

Zones (at any point within

site boundary)

Rural Zones (at notional boundary)

3.5 50 70

Residential (Internal)

0.3 40 55






generation.

57.16 Watercraft Noise

1. Powered watercraft shall be fitted with effective mufflers during all movement on water and shall not exceed the following noise limits at any point within a notional boundary of a noise sensitive activity:

Monday to Sunday inclusive: 0700 hours to 2100 hours Sound Exposure Level (SEL) 85 dBA 2100 hours to 0700 hours Sound Exposure Level (SEL) 78 dBA (the following day)





the site.



Provided that: a) Any moving craft must not emit noise in excess of a sound

exposure level of 90 dBA in a single drive-by measured at any stationary point more than 25 metres from the line of travel from the craft.

b) On four occasions in any 12 month period, the noise limit may

be unrestricted for any portion of waterway for the purposes of an approved special temporary event.

** Sound levels shall be measured in accordance with the provisions of NZS 6801: 2008 Acoustics – Measurement of Sound except that the pass-by test shall be performed in accordance with the international measurement standard ISO 14509-1:2008(E) : “Airborne sound emitted by powered recreational craft – Part 1: Pass by measurement procedure”

- The mitigation measures to reduce noise generation.

57.17 Audible Bird Scaring Devices 1. Gas Guns

a) There must be no device operated between half an hour after

sunset and half an hour before sunrise. b) Devices must not operate unless a legible notice is securely

fixed to the road frontage of the site in which the device is to operate stating the name of the person(s) responsible for the operation of the device.

c) Any noise generated by a hail cannon or audible bird scaring

device must not exceed:

i) 140dBCpeak at any point beyond the site boundary.

ii) 100dBCpeak at any point within any boundary of a Residential Environment, Rural Settlement Zone, Lifestyle Character or Jervoistown Zone.

iii) 115dBCpeak at any point within the notional boundary of any

noise sensitive activity in a Rural Environment, other than the Rural Settlement Zone, Lifestyle Character or Jervoistown Zone.

d) Where sound levels are less than the limits specified in (c)

above, but not less than 85dBCpeak at any point within the boundary of any Residential Environment, Rural Settlement Zone, Lifestyle Character zone or Jervoistown Zone; or at or within the notional boundary of a noise sensitive activity within a Rural Environment, other than the Rural Settlement Zone, Lifestyle Character Zone or Jervoistown Zone, then:

i) There must not be more than 4 events in any 1 hour period,

or a total of 12 individual shots in any 1 hour period received:

At any point within the boundary of any Residential Environment, Rural Settlement Zone, Lifestyle Character or Jervoistown Zone.

At any point within the notional boundary of any noise sensitive activity within a Rural Environment, other than the Jervoistown Zone, Lifestyle Character, or Rural Settlement Zone.

ii) For the purposes of this rule, ‘event’ includes no more than 3

individual shots within any one minute period).

e) There are no restrictions on events or individual shots for sound levels less than 85dBCpeak either:

i) At any point within the boundary of any Residential






generation.



Environment, Jervoistown Zone, Lifestyle Character or Rural Settlement Zone.

ii) At any point within the notional boundary of any noise

sensitive activity in a Rural Environment, other than the Jervoistown Zone, Lifestyle Character, or Rural Settlement Zone.

(f) There shall be no more than (one) audible avian distress alarm

per 4 hectare site (or part thereof). NOTE: As an indicative guide only, a setback distance of approximately

420 metres is required to achieve the limit in Rule 1(c)(ii) where a device is directed towards the respective boundary. A setback distance of approximately 150 metres is required to achieve the limit in Rule 1(c)(iii). A device directed away from the respective boundary is likely to comply with a lesser setback distance.

2. Firearms

a) Any firearm must not be used for the purposes of bird scaring between half an hour after sunset and half an hour before sunrise.

3. Audible Avian Distress Alarms

a) There shall be no device operated between half an hour after

sunset and half an hour before sunrise.

b) Devices shall not operate unless a legible notice is securely fixed to the road frontage of the site in which the device is to operate stating the name, address and telephone number of the person(s) responsible for the operation of the device.

c) Sound emitted from the device shall not exceed 50 dB LAeq(15

min) when measured within the notional boundary of any rural dwelling or at any point within a Residential Environment.

d) No device shall be placed in such a manner that in any public place receives noise exceeding 80 dB LAFmax

e) There shall be no more than (one) audible avian distress alarm per 4 hectare site (or part thereof).

57.18 Frost Protection Fans

a) Frost fans shall be located such that noise from a frost fan shall not exceed 65 dB LAeq(15 min) when measured outdoors at a distance which is the lesser of:: i) 300m from the device; or ii) At the notional boundary of any existing dwelling,

travellers’ accommodation or other habitable building (other than on the property on which the fan is situated), or at any point within a residential zone. Whichever is the least distance.






generation.

57.19 Noise from New or Altered Roads 1. New or alterations to existing roads outside the existing roading

designation or corridor shall be designed to meet criteria set within within New Zealand Standard NZS6806:2010 “Acoustics – Road Traffic Noise – New or Altered Roads”



Remove the Following Introduction, Objectives, Policies and Methods, Rules and Condition Table from the District Wide Noise Chapter 57.1 INTRODUCTION

Noise is addressed in the relevant zones and rules are provided which relate to the particular zone. However, there are common rules that relate to noise throughout the City. These rules are outlined in this district wide chapter of the Plan.

57.2 ISSUES, OBJECTIVES, POLICIES AND METHODS The resource management issues, objectives, policies and methods relating to amenity and the effects of noise are set out in the various Residential, Rural, Industrial, Commercial and Open Space environments and respective zones.

RULES All rules apply throughout the City and are in addition to the specific zone rules and district wide rules unless otherwise stated. The rules in this chapter are primarily in the form of conditions for permitted activities and controlled activities.



NOISE CONDITION TABLE CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES


57.3 Measurement and Assessment of Noise 1. Unless stated by a rule elsewhere in this Plan, noise must be

measured in accordance with the provisions of New Zealand Standard NZS6801:1999 Acoustics: Measurement of Environmental Sound.

2. Unless stated by a rule elsewhere in this Plan, noise must be

assessed in accordance with New Zealand Standard NZS6802:1991 Assessment of Environmental Sound.

Matters: - The measurement of noise. - The assessment of noise.

57.4 Construction Noise 1. The following construction noise conditions shall apply to all land

uses:

a) Any noise arising from construction, maintenance and demolition work in any zone:

i) Must comply with New Zealand Standard NZS6803:1999

Acoustics: Construction Noise.

b) Construction noise must be measured and assessed in accordance with New Zealand Standard NZS6803:1999 Acoustics: Construction Noise.






generation.

57.5 Exemptions 1. The noise conditions and vibration conditions in any part of the

Plan, unless specifically stated, will not apply: a) In any area or zone to the emission of noise from the use of

vehicles, machinery or other mobile or portable equipment for agricultural activities, horticultural activities, viticultural activities, and forestry. This exemption does not apply to any fixed or permanently installed plant, but does apply to plants to which Rules 57.8, 57.9 and 57.10 relate.

b) In any zone to residential activities and recreational activities,

(including the use of outdoor school grounds between the hours of sunrise and sunset) that do not involve powered motorsport, powered aviation, gunfire or amplified music.

c) In any part of the City where the noise source is a warning

device used by emergency services. d) To vehicles travelling on a road (this does not apply to

stationary vehicles). e) To trains, other than when being tested (when stationary),

maintained, loaded, or unloaded. f) To aircraft:

i) operating during, or immediately before or after flight; ii) landing in an emergency or diverted aircraft; iii) emergency flights required to rescue people from life

threatening situations or to transport patients, human vital organs or medical personnel in a medical emergency;

iv) the operation of unscheduled flights required to meet the needs of a declared national or civil defence emergency;

v) owned or operated by the Defence Forces of the New Zealand Government or another sovereign state.

vi) for essential unscheduled aircraft engine testing.

The exemptions either apply or do not. Therefore, there are no matters the Council can restrict its discretion to.



2. Notwithstanding the above exemptions, all land uses shall be subject to Section 16 and Part XII of the Act.

NOTE: The Act defines ‘noise’ as including vibration. Furthermore, section 16 of the Act refers to the adoption of best practicable option to ensure that the emission of noise from land or water does not exceed a reasonable level, while Part XII relates to excessive noise.

57.6 Helicopter Landing Areas 1. Noise associated with helicopter landing areas must not exceed

the limits specified in the following table:

* The hours for night-time Lmax shall be 2200 hours to 0700

hours the following day for the purposes of this rule. 2. Noise must be measured and assessed in accordance with New

Zealand Standard NZS6807:1994 (Noise Management and Land Use Planning for Helicopter Landing Areas).

3. The operator of any helicopter landing area must require, as a

condition of use of the site, that all pilots using the site, plan routes and fly in accordance with the recommendations of the Helicopter Association International “Fly Neighbourly Guide” February 1992 Revision.






generation.

57.7 Watercraft Noise 1. Powered watercraft must be maintained and operated such that

during all movements on water, the following noise limits will not be exceeded at any point within the notional boundary of any residential activity or education facility:

Monday to Sunday inclusive: 0700 hours to 2100 hours Sound Exposure Level (SEL) 85 dBA 2100 hours to 0700 hours Sound Exposure Level (SEL) 78 dBA (the following day)

Provided that: a) The notional boundary is defined for the purposes of this rule

as a line 20 metres from the facade of any dwelling unit or the site boundary where this is closer to the dwelling unit.






generation.

Environment

Edn(night-

time*

weighted

sound

exposure)

Pa2s

Ldn (day-night

average

sound level)

dBA

Lmax (night-

time*

maximum

sound level)

dBA

Industrial 1,000 75 -

Commercial 100 65 -

Open Space (at

notional

boundary)

3.5 50 70

Residential (at

site boundary)

3.5 50 70

Residential

(Internal)

0.3 40 55



b) Any moving craft must not emit noise in excess of a sound

exposure level of 90 dBA in a single driveby measured at any stationary point more than 25 metres from the line of travel from the craft.

c) On four occasions in any 12 month period, the noise limit may

be unrestricted for any portion of waterway for the purposes of an approved special temporary event.

57.8 Audible Bird Scaring Devices 1. The following conditions shall apply to all audible bird scaring

devices, other than firearms: a) There must be no device operated between the hours of

sunset to sunrise. b) Devices must not operate unless a legible notice is securely

fixed to the road frontage of the site in which the device is to operate stating the name of the person(s) responsible for the operation of the device.

c) Any noise generated by an audible bird scaring device must

not exceed:

i) 140dBCpeak at any point beyond the site boundary. ii) 100dBCpeak at any point within any boundary of a

Residential Environment or Rural Settlement Zone. iii) 115dBCpeak at any point within the notional boundary of

any noise sensitive activity in a Rural Environment, other than the Rural Settlement Zone.

d) Where sound levels are less than the limits specified in (c)

above, but not less than 85dBCpeak at any point within the boundary of any Residential Environment, Rural Settlement Jervoistown Zone; or at or within the notional boundary of a noise sensitive activity within a Rural Environment, other than the Rural Settlement Zone, then:

i) There must not be more than 4 events in any 1 hour

period, or a total of 12 individual shots in any 1 hour period received:

At any point within the boundary of any Residential Environment Jervoistown Zone or Rural Settlement Zone.

At any point within the notional boundary of any noise sensitive activity within a Rural Environment, other than the Jervoistown Zone or Rural Settlement Zone.

ii) For the purposes of this rule, ‘event’ includes no more than

3 individual shots within any one minute period).

e) There are no restrictions on events or individual shots for sound levels less than 85dBCpeak either:

i) At any point within the boundary of any Residential

Environment Jervoistown Zone or Rural Settlement Zone. ii) At any point within the notional boundary of any noise

sensitive activity in a Rural Environment, other than the Jervoistown Zone or Rural Settlement Zone.

2. The following conditions shall apply to all firearms used for the

purposes of bird scaring:

a) Any firearm must not be used for the purposes of bird scaring between the hours of sunset to sunrise.






generation.



NOTE: As an indicative guide only, a setback distance of

approximately 420 metres is required to achieve the limit in Rule 1(c)(ii) where a device is directed towards the respective boundary. A setback distance of approximately 150 metres is required to achieve the limit in Rule 1(c)(iii). A device directed away from the respective boundary is likely to comply with a lesser setback distance.

57.9 Hail Cannons 1. The following conditions shall apply to all hail cannons:

a) Users of hail cannons must adopt the best practicable option to avoid creating an unreasonable level of noise.

b) Hail cannons must not be located closer than 500m from a

residential zone or closer than 200m from any dwelling unit in any other zone (not located on the same site as the hail cannon).






generation.

57.10 Frost Protection Fans 1. The following conditions shall apply to all frost protection fans:

a) Users of frost protection fans must adopt the best practicable option to avoid creating an unreasonable level of noise.

b) Fans must not be located closer than 300m from the

boundary of any residential zone unless the noise produced by the fan does not exceed 65dBA L10 at any point within that residential zone. Fans may be located as close as 100m to a residential zone boundary subject to them being fitted with equipment demonstrated to comply with the above noise limit.






generation.

57.11 Blasting 1. The following conditions shall apply to all blasting:

a) Users of explosives must adopt the best practicable option to avoid creating unreasonable levels of noise and vibration.

b) Explosive blasting must be restricted to the hours of 0700

hours to 1900 hours inclusive. c) Air blast over pressure from blasting on any land must not

exceed a peak non-frequency-weighted (Linear or flat) level of 115dB, provided this level may be exceeded on up to 5% of the total number of blasts over a period of 12 months. The level must not exceed 120dB (Lin Peak) at any time.






generation.

Chapter 5 MAIN RESIDENTIAL ZONE Amend Rules in the Main Residential Zone Activity Table as shown 5.22 Noise

The following noise conditions shall apply to all land uses (including noise from fixed plants such as air conditioning units and other similar devices), other than those exempted in Rule 57.9:






b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. 2. The following acoustic insulation conditions shall apply to all new noise sensitive activities within the Expressway

Noise Boundary and Willowbank Noise Boundary:

a) Where any building used for a noise sensitive activity is to be located within the Expressway Noise Boundary or Willowbank Noise Boundary as shown on the planning maps:

(i) The habitable room within the noise sensitive activity shall achieve a minimum External Sound Insulation Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.

(ii) Where it is necessary to have windows closed to achieve the acoustic design requirements,

an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room.

b) The standard in (a) above does not apply to noise sensitive activities which can comply with the

following:

(i) The habitable room within the noise sensitive activity is greater than 80 metres from the edge of the road carriageway; or

(ii) Noise screening (such as a noise barrier fence) is constructed so that noise levels measured

at the location of the building housing the noise sensitive activity in accordance with NZS6801:2008, do not exceed 55 dB LAeq (24hour) outdoors.

c) An acoustic design report must be provided to the Council prior to any building consent being

granted or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this standard will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this standard.

d) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (a) above.

i) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated from

noise arising from use of the Napier/Hastings expressway, and Willowbank Avenue. ii) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor

design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

iii) An acoustic design report must be provided to the Council prior to any building consent being granted or

where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that



the means given therein will be adequate to ensure compliance with the noise limits specified in this rule. b) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a person

qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 2(a) above. c) It will be a condition of subdivision of land (as defined in the Act) that a consent notice issued under Section 221

of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(a) above are achieved.

Chapter 6 NAPIER HILL CHARACTER ZONE

Amend Rules in the Napier Hill Character Zone as shown 6.25 Noise





Chapter 7 NORTHERN RESIDENTIAL ZONE Amend the Northern Residential Zone – Activity Table as shown 7.26 Noise 1.. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:



Replace with the following 1. The following noise conditions shall apply to all land uses (including noise from fixed plants such as air conditioning

units and other similar devices), other than those exempted in Rule 57.9:


Control Hours Noise Level 0700 to 1900 hours 50 dB LAeq (15 min)



1900 to 2200 hours 45 dB LAeq (15 min) 2200 to 0700 hours the following day 40 dB LAeq (15 min) 2200 to 0700 hours the following day 65 dB LAFmax

…

Chapter 8 HARDINGE ROAD CHARACTER ZONE Amend the Hardinge Road Character Zone – Activity Table as shown 8.22 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:



Replace with the following

1. The following noise conditions shall apply to all land uses (including noise from fixed plants such as air conditioning units and other similar devices), other than those exempted in Rule 57.9:

a) The following noise limits must not be exceeded at any point beyond the site boundary, except where

expressly provided for elsewhere in this Plan:


…

Chapter 9 MAREWA AND TE AWA CHARACTER ZONE

Amend the Marewa and Te Awa Character Zones – Activity Table as shown 9.24 Noise







Chapter 10 MARINE PARADE CHARACTER ZONE Amend the Marine Parade Character Zone – Activity Table as shown 10.22 Noise





Chapter 11 WESTERN HILLS RESIDENTIAL ZONE Amend the Western Hills Residential Zone – Activity Table as shown 11.22 Noise





Chapter 15 INNER CITY COMMERCIAL ZONE Amend the Inner City Commercial Zone – Activity Table as shown 15.15 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9

a) The following noise limits must not be exceeded at any point beyond the site boundary:






a) All land uses within the zone must be conducted so as not to exceed the following noise limits at any point

beyond the site boundary: On any day 0700 to2200 hours L10 60 dBA All other times L10 50 dBA 2200 to 0700 hours the following day Lmax 80 dBA

c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. d) The following minimum External Sound Insulation Level standards shall apply to all habitable rooms

within any noise sensitive activity (including the addition or alteration of a habitable room which exceeds 10% of the existing gross floor area):

(i) The habitable room within the noise sensitive activity shall achieve a minimum External Sound

Insulation Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.



(iii) An acoustic design report must be provided to the Council prior to any building consent being

granted or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.

iv) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate

prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.

c) The following acoustic insulation conditions shall apply to all new noise sensitive activities:

i) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated from noise arising from all other land uses within the zone.

ii) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor

design level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level shall be achieved with windows and doors open unless adequate alternative ventilation means is provided used and maintained in operating order.

iii) An acoustic design report must be produced to the Council prior to any building consent being granted, or

where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and must contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.

iv) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a



person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 1(c) above.

v) It will be a condition of subdivision of land (as defined in the Act) that a consent notice issued under Section

221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in (c) above are achieved.

Chapter 17 FRINGE COMMERCIAL ZONE

Amend the Fringe Commercial Zone – Activity Table as shown 17.17 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9

















iv) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.











Chapter 18 SUBURBAN COMMERCIAL ZONE Amend the Suburban Commercial Zone – Activity Table as shown 18.20 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:





a) All land uses within the zone must be conducted so as not to exceed the following noise limits at any point beyond the site boundary:

On any day 0700 to 2200 hours L10 60dBA At all other times L10 50dBA 2200 to 0700 hours the following day Lmax 80dBA Provided that at any point within the residential zone the following noise limits must not be exceeded:



On any day 0700 hours to 2200 hours L10 55dBA 2200 to 0700 hours the following day L10 45dBA 2200 to 0700 hours the following day Lmax 75dBA

b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. c) The following acoustic insulation conditions shall apply to all new noise sensitive activities:










c) The following minimum External Sound Insulation Level standards shall apply to all habitable rooms within any

noise sensitive activity (including the addition or alteration of a habitable room which exceeds 10% of the existing gross floor area):

(i) The habitable room within the noise sensitive activity shall achieve a minimum External Sound Insulation

Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms. (ii) Where it is necessary to have windows closed to achieve the acoustic design requirements, an

alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room.

(iii) An acoustic design report must be provided to the Council prior to any building consent being granted or

where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.


person qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.

Chapter 18A FORESHORE COMMERCIAL ZONE Amend the Foreshore Commercial Zone – Activity Table as shown 18A.21 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:

a) All land uses within the zone must be conducted so as not to exceed the following noise limits at any point beyond the site boundary:



On any day 0700 hours to 2200 hours L10 65 dBA 2200 hours to 0700 hours the following day L10 45 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA

b) Provided that at any point within any residential zone the following noise limits must not be exceeded: On any day 0700 hours to 2200 hours L10 55 dBA 2200 hours to 0700 hours the following day L10 45 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA

c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. Replace with the following 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9

















Chapter 19 LARGE FORMAT RETAIL ZONE Amend the Large Format Retail Zone – Activity Table as shown 19.16 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9





















ii) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor design level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level shall be achieved with windows and doors open unless adequate alternative ventilation means is provided used and maintained in operating order.







Chapter 23 MAIN INDUSTRIAL ZONE Amend the Main Industrial Zone - Activity Table as shown 23.15 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9



b) Provided that, at any point within any Residential Environment or within the notional boundary of any noise sensitive activity in a Rural Environment, the following noise limits must not be exceeded:


a) All land uses within the zone must be conducted so as not to exceed the following noise limits at any point beyond the site boundary: On any day at all hours L10 70 dBA On any day at all hours Lmax 85 dBA

b) Where any land use is conducted within the zone, the noise from the land use must not exceed the following noise limits at any point within any residentially zoned land:

Monday to Saturday Inclusive 0700 hours to 2200 hours L 10 55 dBA Sunday and All other times 0700 hours to 2200 hours L 10 45 dBA Monday to Sunday Inclusive 2200 to 0700 hours the following day L 1075 dBA

b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. c) The following minimum External Sound Insulation Level standards shall apply to all habitable rooms

within any noise sensitive activity (including the addition or alteration of a habitable room which



exceeds 10% of the existing gross floor area):


















Chapter 24 SUBURBAN INDUSTRIAL ZONE Amend the Suburban Industrial Zone – Activity Table as shown 24.16 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9








beyond the site boundary: Monday to Saturday Inclusive 0700 to 2200 hours L10 60 dBA Sunday and all other times L10 55 dBA Monday to Sunday Inclusive 2200hours to 0700 hours Lmax 75 dBA

b) All land uses must be conducted so as to ensure that the following noise limits are not exceeded at any point within any property zoned residential beyond the Industrial Noise Boundary shown on the Planning Maps: Monday to Saturday Inclusive 0700 hours to 2200 hours L 10 55 dBA Sunday and All other times 0700 hours to 2200 hours L 10 45 dBA Monday to Sunday Inclusive 2200 to 0700 hours the following day L 1075 dBA

















iii) An acoustic design report must be produced to the Council prior to any building consent being granted, or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and must contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.





Chapter 50A MIXED USE ZONE Amend Rules in the Mixed Use Zone as shown 50A.28 Noise All activities within the zone shall be conducted so as not to exceed the following noise limits at any point beyond the site boundary, or where there are 2 or more sites held in common ownership which are either contiguous or separated only by road, at any point beyond the outer boundary of that group of sites.

Measurement Subject to the express provisions of these conditions, noise levels shall be measured and assessed in accordance with New Zealand Standards 56801:1991 Measurement of Sound and NZS 5802:1991 Assessment of Environmental Sound. Replace with the following 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:

a) All land uses within the zone must be conducted so as to ensure the following noise limits are not exceeded at any point beyond the site boundary, or where two or more sites are held in common ownership which are either contiguous or separated only by road, at any point beyond the outer boundary of that group of sites:

Monday to Saturday inclusive 0700 hours to 2200 hours 60 dB LAeq (15min) Sunday and all other times 55 dB LAeq (15min) Monday to Sunday inclusive 2200 hours to 0700 hours the following day 75 dB LAFmax

b) Where any land use is conducted within the zone, the noise from the land use must not exceed the following noise limits at any point within any residentially zoned land:

Monday to Saturday inclusive 0700 hours to 1900 hours 55 dB LAeq (15min) 1900 hours to 2200 hours 50 dB LAeq (15min) 2200 hours to 0700 hours the following day 45 dB LAeq (15min) 2200 hours to 0700 hours the following day 75 dB LAFmax

c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. 2. The following minimum External Sound Insulation Level standards shall apply to all habitable rooms within any


a) The habitable room within the noise sensitive activity shall achieve a minimum External Sound Insulation Level

of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.



b) Where it is necessary to have windows closed to achieve the acoustic design requirements, an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room.

c) An acoustic design report must be provided to the Council prior to any building consent being granted or where

no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the acoustic design requirements specified in this rule.

d) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a person

qualified and experienced in acoustics must be supplied, verifying compliance with the standards in (c) above.

e) It will be a condition of subdivision of land (as defined in the Act) that any consent notice issued for the purposes of Section 221 of the Act, the Council will require the Certificate of Title to be noted to the effect of the consent notice.

Chapter 26 WEST QUAY WATERFRONT ZONE Amend the West Quay Waterfront Zone – Activity Table as shown 26.22 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:

a) All land uses within the zone must be conducted so as to ensure the following noise limits are not exceeded at

any point within any other zone: On any day 0700 hours to 2200 hours L10 60 dBA 2200 hours to 0700 hours the following day Lmax 80 dBA

b) Where any industrial activity is conducted within the zone, the noise from the industrial activity must not exceed

the following noise limits at any point within any land used for a commercial activity:

On any day 0700 hours to 2200 hours L10 65 dBA 2200 hours to 0700 hours the following day Lmax 85 dBA


2. The following acoustic insulation conditions shall apply to all new noise sensitive activities: a) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated from noise

arising from all other land uses within the zone. b) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor

design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open, unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) An acoustic design report must be provided to the Council prior to any building consent being granted or where no

building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits stated in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits stated in this rule.


qualified and experienced in acoustics must be supplied, verifying compliance with Rule 26.22.2 above. Replace with the following 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9


Control Hours Noise Level On any day at all hours 60 dB LAeq (15 min)



On any day at all hours 85 dB LAFmax













Chapter 26A MARINE INDUSTRIAL ZONE Amend the Marine Industrial Zone – Activity Table as shown 26A.15 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:


any point within any residentially zoned land: Monday to Saturday inclusive 0700 hours to 2200 hours L10 55 dBA Sunday and all other times L10 45 dBA Monday to Sunday inclusive 2200 hours to 0700 hours the following day Lmax 75 dBA

b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. Replace with the following 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9

















Chapter 27 BUSINESS PARK ZONE Amend the Business Park Zone – Activity Table as shown 27.18 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9



b) Provided that, at any point within any Residential Environment or within the notional boundary of any noise sensitive activity in any Rural Environment, the following noise limits must not be exceeded:

Control Hours Noise Level



0700 to 1900 hours 55 dB LAeq (15 min) 1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax


any point beyond the site boundary, or where two or more sites are held in common ownership which are either contiguous or separated only by road, at any point beyond the site boundary of that group of sites.: On any day at all hours L10 70 dBA On any day at all hours Lmax 85 dBA

b) Where any land use is conducted within the zone, the noise from the land use must not exceed the following noise limits at any point within any residentially zoned land: Monday to Saturday Inclusive 0700 hours to 2200 hours L 10 55 dBA Sunday and All other times 0700 hours to 2200 hours L 10 45 dBA Monday to Sunday Inclusive 2200 to 0700 hours the following day L max75 dBA











2. The following acoustic insulation conditions shall apply to all new noise sensitive activities within the Business Park Zone and within the Expressway noise boundary as shown on the planning maps:






b) The standard in (a) above does not apply to noise sensitive activities which can comply with the following:

(i) The habitable room within the noise sensitive activity is greater than 80 metres from the edge

of the road carriageway; or (ii) Noise screening (such as a noise barrier fence) is constructed so that noise levels measured





i) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated from

noise arising from use of the Napier/Hastings expressway.. ii) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor

design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

iii) An acoustic design report must be provided to the Council prior to any building consent being granted or

where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.

b) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a person

qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 2(a) above. c) It will be a condition of subdivision of land (as defined in the Act) that a consent notice issued under Section 221

of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(a) above are achieved.

Chapter 30 WASTEWATER TREATMENT ZONE Amend the Wastewater Treatment Zone – Activity Table as follows 30.19 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9



b) Provided that, at any point within any Residential Environment or within the notional boundary of any noise sensitive activity in any Rural Environment, the following noise limits must not be exceeded:

Control Hours Noise Level



0700 to 1900 hours 55 dB LAeq (15 min) 1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax


beyond the site boundary: On any day at all hours L10 70 dBA On any day at all hours Lmax 85 dBA

b) Where any land use is conducted within the zone, the noise from the land use must not exceed the following noise limits at any point within any residentially zoned land: Monday to Saturday Inclusive 0700 hours to 2200 hours L 10 55 dBA Sunday and All other times 0700 hours to 2200 hours L 10 45 dBA Monday to Sunday Inclusive 2200 to 0700 hours the following day L max75 dBA

b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan. c) The following minimum External Sound Insulation Level standards shall apply to all habitable rooms within any










Chapter 34 MAIN RURAL ZONE Amend the Main Rural Zone – Activity Table as follows 34.25 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:

a) The following noise limits must not be exceeded at any point within the notional boundary of any dwelling unit on

any other site within a Rural Environment, or at any point within any Residential Environment, Rural Settlement Zone, Lifestyle Character Zone or Jervoistown Zone, except where expressly provided for elsewhere in this Plan:

Control Hours Noise Level 0700 to 1900 hours 55 dB LAeq (15 min)



1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax

Monday to Friday inclusive, 0700 hours to 2200 hours L10 55 dBA Saturday 0700 hours to 1200 hours L10 55 dBA All other times L10 45 dBA Monday to Sunday inclusive, 2200 hours to 0700 hours the following day Lmax 75 dBA

b) Audible Bird Scaring Devices – refer to Rule 57.817. c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

2. The following acoustic insulation conditions shall apply to all new noise sensitive activities within the Expressway Noise Boundary: a) Where any building used for a noise sensitive activity is to be located within the Expressway Noise

Boundary as shown on the planning maps:

i(i) The habitable room within the noise sensitive activity shall achieve a minimum External Sound Insulation Level of the building envelope of DnTw + Ctr>30 dB for outside walls of any habitable rooms.




following:







i) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated

from noise arising from use of the Hawke's Bay Expressway. ii) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average

indoor design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

iii) An acoustic design report must be provided to the Council prior to any building consent being granted

or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.



b) Prior to any person requesting a Certificate of Compliance, an acoustic design certificate prepared by a

person qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 2(a) above.

c) It will be a condition of subdivision of land (as defined in the Act) that a consent notice issued under

Section 221 of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(a) above are achieved.

Chapter 35 RURAL RESIDENTIAL ZONE Amend the Rural Residential Zone – Activity Table as follows 35.25 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:


any other site within a rural environment, or at any point within any Residential Environment, Rural Settlement Zone, Lifestyle Character Zone or Jervoistown Zone, except where expressly provided for elsewhere in this Plan:


Monday to Friday inclusive, 0700 hours to 2200 hours L10 55 dBA Saturday 0700 hours to 1200 hours L10 55 dBA All other times L10 45 dBA Monday to Sunday inclusive, 2200 hours to 0700 hours the following day Lmax 75 dBA

b) Audible Bird Scaring Devices – refer to Rule 57.817. c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

Chapter 36 RURAL COMMERCIAL ZONE Amend the Rural Commercial Zone – Activity Table as follows 36.12 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:


any other site within a Rural Environment, or at any point within any Residential Environment, Rural Settlement Zone, Lifestyle Character Zone or Jervoistown Zone, except where expressly provided for elsewhere in this Plan:


Monday to Friday inclusive, 0700 hours to 2200 hours L10 55 dBA All other times L10 45 dBA



Monday to Sunday inclusive, 2200 hours to 0700 hours the following day Lmax 75 dBA

Chapter 37 RURAL CONSERVATION ZONE Amend the Rural Conservation Zone – Activity Table as follows 37.16 Noise 1. The following noise conditions shall apply to all land uses, other than aircraft operations, RNZAF movements,

emergency flights and those exempted in Rule 57.9: a) The following noise limits must not be exceeded at any point within the notional boundary of any dwelling unit on

any other site within a Rural Environment, or at any point within any Residential Environment, Rural Settlement Zone, Lifestyle Character or Jervoistown Zone, except where expressly provided for elsewhere in this Plan:


Monday to Friday inclusive, 0700 hours to 2200 hours L10 55 dBA All other times L10 45 dBA Monday to Sunday inclusive, 2200 hours to 0700 hours the following day Lmax 75 dBA

Chapter 37A JERVOISTOWN ZONE

Amend the Jervoistown Zone – Activity Table as follows 37A.17 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:

a) The following noise limits are not to be exceeded at any point beyond the site boundary, except where expressly

provided for elsewhere in this Plan:

Monday to Saturday inclusive, 0700 hours to 1800 hours L10 45 dBA All other times L10 35 dBA Monday to Sunday inclusive, 1800 hours to 0700 hours the following day Lmax 65 dBA Control Hours Noise Level 0700 to 1900 hours 50 dB LAeq (15 min) 1900 to 2200 hours 45 dB LAeq (15 min) 2200 to 0700 hours the following day 40 dB LAeq (15 min) 2200 to 0700 hours the following day 65 dB LAFmax b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

2. The following acoustic insulation conditions shall apply to all new noise sensitive activities within the Expressway

Noise Boundary:

Where any building used for a noise sensitive activity is to be located within the Expressway Noise Boundary as shown on the planning maps:







following:







a) All habitable spaces within buildings used for the noise sensitive activity must be adequately insulated from noise arising from use of the Napier/Hastings expressway.

b) Adequate sound insulation must be achieved by constructing the building to achieve a spatial average indoor design sound level of 40 dBA Leq in any room used for sleeping and 45 dBA Leq in all other habitable spaces. The indoor design level must be achieved with all windows and doors open unless adequate alternative ventilation means is provided, used and maintained in operating order.

c) In order to achieve this standard either: i) An acoustic design report must be provided to the Council prior to any building consent being granted

or where no building consent is required, prior to the commencement of the use. The acoustic design report must be prepared by a person qualified and experienced in acoustics. The report is to indicate the means by which the noise limits specified in this rule will be complied with and is to contain a certificate by its author that the means given therein will be adequate to ensure compliance with the noise limits specified in this rule.

ii) Compliance with the requirements in the following table will be deemed to achieve the required insulation standard specified in this rule. A report must be provided to the Council prior to any building consent being granted demonstrating compliance with the requirements listed in the following table and will form part of the building consent application. The report must be prepared by the person responsible for undertaking the building work.

Building Element

Requirement





Window 1. Up to 20% of wall area 7mm laminated glazing (1mm interlayer) or double glazing.

2. Up to 50% of wall area 11mm laminated glazing (1mm interlayer) or double glazing.



Floor 1. On grade slab. 2. Two layers of 20mm thick particle

board.


qualified and experienced in acoustics must be supplied, verifying compliance with the rule in 2(a) above. e) It will be a condition of subdivision of land (as defined in the Act) that a consent notice issued under Section 221

of the Act must be entered into before the issue of a Section 224 Certificate, with such a consent notice to be registered on the Certificate(s) of Title of the relevant lot(s). The consent notice is required to ensure that compliance with the acoustic insulation requirements in 2(a) above is achieved.

Chapter 38 RURAL SETTLEMENT ZONE

Amend the Rural Settlement Zone – Activity Table as follows 38.18 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:






Chapter 38A LIFESTYLE CHARACTER ZONE

Amend the Lifestyle Character Zone – Activity Table as follows 38A.19 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:




Chapter 42 BOAT HARBOUR ZONE

Amend the Boat Harbour Zone – Activity Table as follows 42.15 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5:

a) The following noise limits are not to be exceeded at any point beyond the site boundary, except where expressly provided for elsewhere in this Plan:

Monday to Sunday at inclusive, L10 60 dBA 2200 hours to 0700 hours the following day Lmax 85 dBA

b) The following noise limits are not to be exceeded at any point within the residential zone, except where

expressly provided for elsewhere in this Plan:

Monday to Sunday inclusive, L10 50 dBA 2200 hours to 0700 hours the following day Lmax 75 dBA


1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:







Chapter 43 ESTUARY ZONE

Amend the Estuary Zone – Activity Table as follows 43.12 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:





Chapter 47 RIVER CONSERVATION ZONE

Amend the River Conservation Zone – Activity Table as follows 47.13 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:




Chapter 48 SPORTS PARK ZONE

Amend the Sports Park Zone – Activity Table as follows 48.13 Noise



1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9: a) The following noise limits are not to be exceeded at any point beyond the site boundary, except where expressly


Monday to Saturday 0700 hours to 2200 hours L10 55dBA Sunday 0900 hours to 1800 hours L10 55dBA At all other times L10 45dBA Monday to Sunday inclusive 2200 hours to 0700 hours the following day Lmax 75dBA Control Hours Noise Level 0700 to 1900 hours 55 dB LAeq (15 min) 1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax b) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

Chapter 52 TERTIARY EDUCATION ZONE

Amend the Tertiary Education Zone – Activity Table as follows

52.19 Noise 1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.9:



Monday to Saturday inclusive, 0700 hours to 1800 hours L10 55 dBA All other times L10 45 dBA Monday to Sunday inclusive, 1800 hours to 0700 hours the following day Lmax 75 dBA Control Hours Noise Level 0700 to 1900 hours 55 dB LAeq (15 min) 1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax c) All land uses must comply in all respects with the relevant conditions in Chapter 57 (Noise) of this Plan.

Chapter 45 MARINE PARADE RECREATION ZONE Amend the Marine Parade Recreation Zone – Activity Table as follows 45.16 Noise

1. The following noise conditions shall apply to all land uses, other than those exempted in Rule 57.5: a) The following noise limits are not to be exceeded at any point beyond the site boundary, except where

expressly provided for elsewhere in this Plan: Monday to Saturday inclusive 0700 hours to 1800 hours L10 65 dBA All other times L10 45 dBA Monday to Sunday inclusive,



1800 hours to 0700 hours the following day Lmax 75 dBA Control Hours Noise Level 0700 to 1900 hours 55 dB LAeq (15 min) 1900 to 2200 hours 50 dB LAeq (15 min) 2200 to 0700 hours the following day 45 dB LAeq (15 min) 2200 to 0700 hours the following day 75 dB LAFmax


Notified Plan Change 10 262 Transport

Transport Changes NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Amend 4th Paragraph in 61.1 INTRODUCTION ….The computer traffic model used in the 1997 Napier Road Network Study and more recently the 2012 Regional Land Transport Strategy 2012-2042 allows the effects of various growth scenarios to be accurately assessed over the entire network (including state highways). The 1999 Urban Growth Strategy Review has guidesd the City’s greenfields development over the next past 20 15 years. The Heretaunga Plains Urban Development Strategy adopted in 2010 builds on the 1999 strategy and looks out to 2045. All of this information has been used ….

Add the following new paragraph to Resource Management Issue 61.2.6 Central to an integrated approach is consideration of alternative transport modes. This is an important component in the Napier City Transport Network to achieve its sustainability principles and to support The Napier Cycling Strategy. The changing characteristics of the Napier City Community should be taken into account when considering sustainable transport. The aging of the community will result in less people driving and more pressure being put on pedestrian facilities and the public transport system. Similarly younger generations are less inclined to be car focused and adopt alternative modes more readily. Insert the following new Policies in Chapter 61 under Objective 61.5

61.5.6 Ensure linkages and facilities are available to enable the provision for alternative modes.

61.5.7 Ensure that infrastructure associated with alternative transport modes is safe,

convenient and accessible to all sectors of the community.

Insert the following Reasons for Adopting Objectives and Policies The provision of sustainable transport modes is achieved by ensuring that there is choice in the modes of transport available and the routes that can be taken. We are facing a future where there will need to be less dependency on fossil fuels and this could raise the profile of transport modes that are not fuel dependent such as walking and cycling. These transport methods are entirely complimentary to the Council’s goals of achieving more compact residential development. In order to encourage more people to consider alternatives transport modes for their commute to work Council is requiring larger employers to provide facilities that make it easier to use alternative modes. These include bicycle stands and shower facilities. The objectives and policies are supported by rules requiring infrastructure to support alternative modes. This includes the requirement to provide bicycle stands on site where on-site parking is required. There is also a rule that requires shower and changing facilities for businesses that have more than 15 full time equivalent employees.

Insert the following into Anticipated Environmental Results



(9) A reduction in the use of private vehicle transport to get to and from work and for visits to the commercial and industrial areas within the City.

DISTRICT WIDE TRANSPORT – CONDITION TABLE



61.13 General

1. Subject to Section 10 of the Act, where a building is constructed, substantially reconstructed, altered or added to, or where there is a change in the use of any land or building which has a different requirement for carparking or loading spaces under this Rule Table, provision in accordance with this Condition Table shall be made for the following:

Add

d) The parking of bicycles e) The provision of bicycle end of journey facilities

Matters:

Add

- The provision of on-site bicycle parking spaces.

- The provision of bicycle end of journey facilities.

61.14A Vehicle Parking Spaces

1. The following minimum on-site vehicle parking space conditions, unless stated by a rule elsewhere in this Plan shall be complied with:

a) Residential Activities

Add

Residential Activities within Commercial Zones

1 vehicle parking space per dwelling unit (refer to zone rules).

b) Travellers’ Accommodation

Add

Camping Grounds and Caravan Parks

1 space per bedroom or unit, plus 1 space per 2 staff.

Amend

c) Healthcare Services

Hospital. 1.8 parks per available hospital bed, including day care beds.

Retirement Complexes (a) Self contained units

(b) Apartments

(c) Hospital

Refer to dwelling unit requirement.1 space per self-contained unit. 0.5 spaces per apartment 1 space per FTE staff member plus 1 space per 4 beds

Health care centre, including vVeterinary services Centres,

1 park per 30m2 gross floor area. 3 spaces per practitioner



Hospitals and Hospices in Residential Zones.

and 1 per full time equivalent staff member.

Health care centre, including Veterinary Centres, Hospitals and Hospices in Commercial Zones.

1 space per 50m2 gross floor area

Emergency Service Facilities 1 space per 50m2 gross floor area.

Amend d) Hospitality Activities.

Cafe, restaurant, bar, tavern, premises used for the sale of liquor but excluding bottle stores.

1 park per 10 m2 gross public floor area.

Amend f) Community and Education Facilities; Recreation Activities

Primary schools. 2 parks per classroom. Secondary schools. 2 parks per classroom. Education Facilities 1 space per classroom plus 1

space per five classrooms All other Recreation Activities not covered above, Places of Assembly, including churches and building of religious worship.

1 park per 50m2 gross floor area.1 space per 10 seats the facility is designed to accommodate. Where a building is not intended for seating, 5 spaces per 100m2 gross floor area.

Churches, building of religious worship.

1 park per 50m2 gross floor area.

Amend g) Commercial Activities

Bank. 1 park per 30m2 33m2 gross floor area.

Day care centre. 0.5 parks per staff member. 1 parking space per full time equivalent staff member. On routes classed as arterials and collector roads in addition to the parking requirement for staff members, 1 drop off space per 5 children that the facility is designed to accommodate is required.

Low intensity (slow trade) retail landuses stocking bulkier items (eg: carpet retailers, furniture stores, etc).

1 park per 28m240m2 gross floor area.

Motor Vehicle Showrooms, Car Sales Yards, Motor Vehicle Hire Areas

1 park per 100m2 gross floor area of indoor showroom and outdoor display areas.

Office Accommodation. 1 park per 66m2 50m 2 gross floor area.

Amend



h) Network Utility Operations

Network Utility Operations 1 park parking space per Full Time Equivalent Job staff member on the site.

Add 61.14B Alternative Modes of Travel 1. The following minimum on-site bicycle parking space conditions and

end of bicycle journey facilities, unless stated by a rule elsewhere in this Plan shall be complied with:

Bicycle Spaces. (applicable where on-site car parking is required)

1 bicycle stand per 5 car park spaces. The bicycle stands shall meet the following requirements: a) They shall be securely

attached to a wall or the ground and shall support the bicycle frame.

b) Each cycle stand shall be adequately spaced to allow a cyclist to manoeuvre and attach a bicycle to the stand.

c) They shall allow the

bicycle to be secured.

d) They shall be visible and signposted.

Bicycle End of Journey Facilities

Commercial or Industrial activities having more than 15 full time equivalent staff members shall provide one male and one female shower and changing facilities for staff to encourage the use of alternative transport modes.

61.14C Exemptions from the Above On-Site Parking Requirements

1. For sites located in the 100% Parking Exemption Area identified in Appendix 24 of this Plan, an exemption of 100% from the above standards for on-site parking standards shall apply. Where any on-site parking provision is made it shall be provided to the rear of the sites and the general standards above shall apply, provided that: i) Residential activities are not subject to this exemption and

shall provide on-site car parking in accordance with the above standards. Where any on-site parking provision is made it shall be provided to the rear of the sites.

2. For sites located in the 50% Parking Exemption Area identified in

Appendix 24 of this Plan, an exemption of 50% from the above on-site

Matters:

- The typical operating and peak conditions of the activity,

- The hours of operation of the activity. - Any inappropriate modification of the

environment that would be required to accommodate the parking.

- Whether there is publicly provided alternative bicycle parking in close proximity.

- The extent to which provision for active modes of transport has been made.

- The location of the proposed activity. - The hours of operation of the activity. - Any inappropriate modification of the

building that would be required to provide the facilities.



standards shall apply. Where any on-site parking provision is made it shall be provided to the rear of the sites and the general standards above shall apply, provided that:

i) Residential activities are not subject to this exemption and

shall provide on-site car parking in accordance with the above standards. Where any on-site parking provision is made it shall be provided to the rear of the sites.

Amend

61.15 Loading Spaces 1. The following loading space conditions shall apply to all land uses

involving on-site manufacturing, servicing, storage, hire or sale of goods or materials including retail activities, office accommodation, travellers’ accommodation, freight and transport depots, warehouses:

a) A minimum of 1 loading space additional to the carpark

requirements in Rule 61.14A must be provided on the site of the use it is intended to serve, except;

Where a service lane is designated or provided, or where the site is located in the 100% or 50% Inner City Parking Exemption Area and where the activity has a gross floor area less than 1000m2 – refer Appendix 24 of the Plan.

b) All loading spaces must be of a useable shape and condition and

shall comply with the following: b) The design of loading spaces and the layout adopted will depend on

the area and shape of the land available, the purpose for which loading is required, and the functional design of the building. The layout shall be of sufficient size to accommodate the following:

i) For freight depots, …..

Add

c) Every loading space shall be designed so that it is not necessary to reverse vehicles either on to or off the street. The loading space shall not be stacked or located within vehicle manoeuvring areas.

d) The provision of a loading space in respect of any site may be

made as part of the side and/or rear yard space, but not the front yard space of that site.

e) The method of loading shall ensure that the footpath or access to

adjacent properties shall remain clear at all times and ensure traffic safety is maintained on the roads.

Matters:

- Whether the site is of insufficient size and/or frontage and/or covered by buildings that the provision of off-street loading, in accordance with Rule 61.15 is not practicable or possible.

- The level of vehicular activity likely to be generated by the activity on the site and whether a kerb-side loading space can be provided which is of sufficient capacity to accommodate the activity.

- The current and expected traffic volume on the street which the loading space will front, and whether the operations of the loading space will have a significant effect on the safety or efficient operation of the street.

Amend 61.16 Residential Activities 1. All residential activities shall comply with the following, unless stated

by a rule elsewhere in this Plan: d) Vehicle manoeuvring must be provided on the site as follows:

i) Where access is shared each fourth and subsequent dwelling

unit on the site must provide manoeuvring areas.

i) On Aall sites which have direct access to the an Arterial Road or State Highway.



ii) On all rural sites.

iii) All manoeuvring areas must be provided and maintained in

accordance with Appendices 17 and 18. g) The minimum accessway width and manoeuvring provisions, must

comply with Chapter 66 (Volume II) C5.7.1 in the Code of Practice for Subdivision and Land Development.

Amend 61.19 Right Of Ways 1. The following condition shall apply to all land uses where access to a

site is provided by a right of way from a road:

a) Sufficient manoeuvring space must be provided either wholly within the site or where right-of-ways are shared by 2 or 3 dwelling units, provision must be made for manoeuvering within each section or within the right-of-way allow for total or partial use of the right of way, so that no reverse manoeuvering onto or off the road is necessary.

b) Where right-of-ways are shared by 4 or more dwelling units, the right-of-way must incorporate a specifically designed turning head.

Insert a new 4th paragraph in PRINCIPAL REASONS FOR RULES 61.21 Item2. - Vehicle Parking and Loading Spaces One of the main characteristics of Napier’s inner city is its compact form and unobstructed access to retail frontages. This results in an attractive appearance to a City that has some of the most outstanding Art Deco and Mission style retail buildings. Ensuring that this character is maintained rules have been included that limit where a loading space may be positioned in order that the streetscape is not unduly compromised as a result. To further enhance the amenity of the inner city and maintain existing levels of on-street car parking, businesses located within the 100% or 50% parking exemption area will not be required to provide a loading space provided the business is less than 1000m2 gross floor area. For businesses that exceed 1000m2 gross floor area, consideration will be given to the need to provide a loading space in order to ensure the amenity of the inner city is not compromised by regular use of on street loading. Amend PRINCIPAL REASONS FOR RULES 61.21 Item 3 - Residential Activities by adding the following sentence in front of the last sentence in the paragraph.

…entry into a garage or carport. The additional parking space needs to be unobstructed and convenient, in order to provide a safe and user-friendly option for visitor parking on-site. Obstruction of roads…

Insert new REASONS FOR RULES 7. Alternative Modes of Travel

The provision of sustainable transport modes is achieved by ensuring that there is choice in the modes of transport available and the routes that can be taken. We are facing a future where there will need to be less dependency on fossil fuels and this could raise the profile of transport modes that are not fuel dependent such as walking and cycling. The rules relating to alternative modes of travel have been developed to encourage more people to consider alternatives transport modes for their commute to work. To further encourage this shift in the means by



which commuters choose to travel to work, the Council is requiring larger employers to provide facilities to encourage them to use alternative modes. These include bicycle stands and shower and changing facilities.

Amend APPENDIX 21 - Access and Sight Distance Lines Remove diagram A Insert Note For information on Access Sight Distance Lines, refer to Chapter 66 (Volume 2 – Code of Practice for Subdivision and Land Development. Amend APPENDIX 24 – Inner City Parking Exemption Area Remove existing map and replace with new map with the amended 100% Parking Exemption Area boundary. Amend Appendix 22(a) – Napier City Roading Hierarchy map to include the northern section of the Napier – Hastings Expressway and the extension of Prebensen Drive and Amend Appendix 22(b) – Napier City Roading Hierarchy to include reference to Prebensen Drive as an Arterial Road in the hierarchy table; and Amend Appendix 22(c) – Strategic Arterial Road Routes to reflect new roads identified in the Hawke’s Bay Regional Transport Strategy.



Appendix 22(b) Napier City Roading Hierarchy (cont) Add Prebensen Drive to the list of Arterial Roads in the table as shown. … ARTERIAL ROADS (BLUE) Austin Street Breakwater Road … Pandora Road Prebensen Drive Riverbend Road …


Notified Plan Change 10 272 Subdivision

SUBDIVISION CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



Changes to Napier Hill Character Zone – Chapter 6 6.1 Summary of Napier Hill Character Zone Rules


…

Rule 6.16(g) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

Discretionary x

Rule 17.1(a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

Non-Complying x

…Renumber from here

AMENDMENTS TO NAPIER HILL CHARACTER ZONE - ACTIVITY TABLE (CHAPTER 6)


6.14 … 6.15 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rule 6.2 to 6.13 that does not comply with all of the relevant

conditions in the Napier Hill Character Zone activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this plan is a Non-

Complying Activity under Rule 6.17.1(a) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 6.16(g).

… DISCRETIONARY ACTIVITIES

6.17 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent may

be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 12. The Council’s discretion is unrestricted.

.... g) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with

the minimum lot size specified in Chapter 66 of the Plan.




6.18 Non-Complying Activity 1. The following are non-complying activities.

a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

…

Changes to Western Hills Residential Zone – Chapter 11 11.1 Summary of Western Hills Residential Rules


…

Rule 11.13(f) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 11.14(a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x

… Renumber from here

AMENDMENTS TO WESTERN HILLS RESIDENTIAL ZONE - ACTIVITY TABLE


11.12 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules 11.2 to 11.11 that does not comply with all of the

relevant conditions in the Western Hills Residential Zone Activity Table and Condition Table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


Complying Activity under Rule 11.14(a). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 11.13(f).


11.13 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent may


.... f) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the

minimum lot size specified in Chapter 66 of the Plan



a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation)

that does not comply with the minimum lot size specified in Chapter 66 of this Plan.



Changes to Main Rural Zone – Chapter 34 34.1 Summary of Main Rural Zone Rules

Rule Number and Description Classification Page Number Rule 34.14(l) Any boundary adjustment or subdivision for the purpose of a

network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

… Rule 34.19 (l) Rule 34.15(c)

Any subdivision (excluding a boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary Non-Complying

x

MAIN RURAL ZONE – ACTIVITY TABLE



1. Any subdivision, use or development of land in rules 34.2 to 34.17 that does not comply with all of the relevant conditions in the Main Rural Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.

NOTE: Any subdivision (not including any boundary adjustment or subdivision for the purpose of network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 34.15 (c). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 34.14(m).

DISCRETIONARY ACTIVITIES 34.1914 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent may be

declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 39. The Council’s discretion is unrestricted.

... Add new k)

k) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the

minimum lot size specified in Chapter 66 of the Plan.



1. The following are non-complying activities. a) … b) … c) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan. d) …

Changes to Rural Residential Zone – Chapter 35 35.1 SUMMARY OF RURAL RESIDENTIAL ZONE RULES



Rule 35.13(k) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this Plan.

Discretionary x

Rule 35.14(c)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this Plan.

Discretionary Non-Complying x

AMENDMENTS TO THE RURAL RESIDENTIAL ZONE ACTIVITY TABLE


35.17 Land Uses Not Complying With Conditions 2


NOTE: Any subdivision that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 35.14 (c). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 35.18(k).

DISCRETIONARY ACTIVITIES 35.18 Discretionary Activities 3 1. The following land uses are discretionary activities. A resource consent application must be made and consent may be


j) A supplementary unit, that does not comply in all respects with the relevant conditions in the Rural Residential Zone

activity table and condition table. ...Renumber

kj) Use of….

...Renumber

k) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of the Plan.



1. The following are non-complying activities.

a) … b) … c) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation)

that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this Plan.

d) …

Changes to Rural Conservation Zone – Chapter 37 37.1 SUMMARY OF RURAL CONSERVATION ZONE RULES




…

Rule 37.10 (c) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 37.11(a)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this plan.

Non-complying x

AMENDMENTS TO THE RURAL CONSERVATION ZONE ACTIVITY TABLE

RESTRICTED DISCRETIONARY ACTIVITIES 37.9 Land Uses Not Complying With Conditions

1. Any subdivision, use or development of land in rules 37.2 to 37.8 that does not comply with all of the relevant conditions in the Rural Conservation Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum Lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 37.11(1)(a). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 37.10(d).


declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 39. The Council’s discretion is unrestricted. ...

d) Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this Plan



a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

…

Changes to Rural Settlement Zone – Chapter 38 38.1 SUMMARY OF RURAL SETTLEMENT ZONE RULES


Rule 38.9(j) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

…

Rule 38.10(b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x



AMENDMENTS TO THE RURAL SETTLEMENT ZONE ACTIVITY TABLE RESTRICTED DISCRETIONARY ACTIVITIES 38.8 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land in rules 38.2 to 38.7 that does not comply with all of the relevant

conditions in the Rural Settlement Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum Lot size specified in Chapter 66 of this plan is a Non-

Complying Activity under Rule 38.10.1 (b). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 38.9(j).


declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 39. The Council’s discretion is unrestricted. ...

j) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the Plan.




a) … b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan. c) …

Changes to Lifestyle Character Zone – Chapter 38A

38.1 SUMMARY OF LIFESTYLE CHARACTER ZONE RULES


Rule 38A.9(h) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

…

Rule 38A.10(b)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x

AMENDMENTS TO THE LIFESTYLE CHARACTER ZONE ACTIVITY TABLE RESTRICTED DISCRETIONARY ACTIVITIES 38A.8 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land in rules 38A.2 to 38A.7 that does not comply with all of the relevant

conditions in the Lifestyle Character Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.



NOTE: Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 38A.10(b). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 38A.9(h).

DISCRETIONARY ACTIVITIES 38A.9 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent may


... h) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the

minimum lot size specified in Chapter 66 of the Plan. NON-COMPLYING ACTIVITIES

38A.10 Non-Complying Activities

1. The following are non-complying activities. a) … b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan. c) …

Changes to Boat Harbour Zone – Chapter 42

42.1 SUMMARY OF BOAT HARBOUR ZONE RULES

Rule Number and Description Classification Page Number …

Rule 42.8(f)

Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 42.9(a)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

that does not comply with the minimum lot operation) size specified in Chapter 66 of this plan

Non-Complying x

BOAT HARBOUR ZONE ACTIVITY TABLE



1. Any subdivision, use or development of land referred to in rules 42.2 to 42.6 that does not comply with all of the

relevant conditions in the Boat Harbour Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this Plan is a Non-

Activity Complying under Rule 42. 9.1(a). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 42.8(f).Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 42.8(f)






… f) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the



42.9 Non-complying Activity



...


Notified Plan Change 10 280 Rural Environments

NON RURAL ACTIVITIES AND NON-COMPLYING ACTIVITIES CHANGES (Includes changes to some zones in the Residential Environments) NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Introducing new ‘NON COMPLYING ACTIVITIES’ into the District Plan

Chapter 1 INTRODUCTION Amend 1.5 HOW TO USE THE PLAN 3. How do I read the rules? Insert in summary table after 1.4 Discretionary Activities new 1.5 Non-Complying Activities Rule Number and Description of Land Use Heading (examples used are purely fictitious).

Activity Classification

Page Number of Plan

Rule 1.1 Kangaroo Farming. Permitted 12

Rule 1.2 Giraffe Farming. Controlled 34

Rule 1.3 Kangaroo Farming and Giraffe Farming that does not comply with all the relevant conditions.


56

Rule 1.4 Kangaroo farming involving the keeping of more than 10 kangaroos. Discretionary 78

Rule 1.5 Lion farming Non-Complying Activity

85

Rule 1.56 Crocodile Farming. Prohibited 90

Insert after 1.4 Discretionary Activities new 1.5 Non-Complying Activities


1.5 Non-Complying Activities 1. The following are non-complying activities.

a) Lion farming


1.56 Prohibited Activities ….

Amend 1.6 TYPES OF RESOURCE CONSENTS by adding new 6. 6. Non-Complying Activities



A non-complying activity is an activity that does not comply with the conditions and rules in the Plan, or is specifically listed as a non-complying activity. Council has discretion to grant or refuse consent, but must refuse consent unless it is satisfied that the adverse effects on the environment will be minor, or granting the consent will not be contrary to the Objectives and Policies of the District Plan. The listing of an activity as a Non-Complying Activity is a clear indication that the activity is only appropriate in the zone in exceptional circumstances. Conditions may be placed on any consent.

Re-number existing 6. to 7 Prohibited Activities

Chapter 4 RESIDENTIAL ENVIRONMENTS Amend Objective 4.3 as shown To accommodate growth through residential intensification in appropriate areas and limited peripheral expansion planned development of identified residential greenfield growth areas, and to create a City-wide settlement pattern that maintains the vitality of the City’s commercial and community nodes, supports public transport and reduces private vehicle use. Amend Policy 4.2.4 as shown Encourage the protection of outstanding natural areas and significant landscapes within Napier City, as identified in the Napier City Landscape Assessment Study. Require specific consideration of the landscape and visual effects of development proposals where they are located on landscapes identified as outstanding or significant in the Napier City Landscape Assessment Study. Amend Policy 4.3.4 as shown Council will undertake a A Structure Planning process must be undertaken where areas for future urban development are identified in District or Regional growth strategies before initiating a plan change is initiated to avoid, remedy or mitigate adverse effects on the environment associated with ad hoc development and infrastructure provision. The Structure Planning process shall be undertaken in accordance with Policy UD10.1 and UD10.2 of the Hawke’s Bay Regional Resource Management Plan. Add a new policy (4.3.6) under Objective 4.3 and after 4.3.5 as shown 4.3.6 New residential greenfield growth outside of those residential greenfield growth areas

identified in Appendix 35 will be assessed in accordance with the criteria outlined in Policy UD4.2 of the Hawke’s Bay Regional Resource Management Plan.

Add new last paragraph to the Principal Reasons for Adoption Objective and Policies at end of this section as shown The Heretaunga Plains Urban Development Strategy (HPUDS) identifies a number of residential greenfield growth areas, and these have been mapped in Appendix 35 of the District Plan. Where greenfield residential growth areas are proposed for inclusion within the urban limits outside of these mapped areas, the Hawke’s Bay Regional Resource Management Plan sets out criteria for assessing their appropriateness. Amend Chapter 6 – NAPIER HILL CHARACTER ZONE tables as shown below:



Chapter 6 NAPIER HILL CHARACTER ZONE – RULES Amend Summary of Napier Hill Character Zone Rules as shown: Rule Number and Description Classification Page Number

…

Rule 6.17(g) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

Discretionary x

Rule 6.18 1(a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

Non-Complying x

…Renumber from here

Amend Napier Hill Character Zone Activity Table as shown:


6.14 … 6.15 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rule 6.2 to 6.13 that does not comply with all of the relevant

conditions in the Napier Hill Character Zone activity table and condition table, is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


complying Activity under Rule 6.18.1(a) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 6.17(g).

… DISCRETIONARY ACTIVITIES

6.17 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent may be

declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 12. The Council’s discretion is unrestricted. .... g) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the



6.18 Non-Complying Activity 1.The following are non-complying activities.


…

Amend Chapter 11 – WESTERN HILLS RESIDENTIAL ZONE activity tables as shown



Chapter 11 WESTERN HILLS RESIDENTIAL ZONE – RULES


…

Rule 11.13(f) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 11.14(a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x

… Renumber from here


11.12 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land referred to in Rules 11.2 to 11.11 that does not comply with all of

the relevant conditions in the Western Hills Residential Zone Activity Table and Condition Table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


Complying Activity under Rule 11.14(a). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 11.13(f).


11.13 Discretionary Activities 1. The following land uses are discretionary activities. A resource consent application must be made and consent

may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 12. The Council’s discretion is unrestricted.

.... f) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the




a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

Amend Chapter 12 - Assessment Criteria (Residential Environments) as shown

Chapter 12 ASSESSMENT CRITERIA (Residential Environments)

Amend 12.1- Introduction as shown 12.1 INTRODUCTION Some non-complying activity, discretionary activity, and restricted discretionary....



Amend 12.2- Introduction as shown 12.2 GENERAL The following criteria will be used by the Council in considering a resource consent application for a Non-Complying Activity, a Discretionary Activity, or a Restricted Discretionary Activity... Amend Chapter 13 - Principal Reasons for Rules (Residential Environments) – 13.13 13.13 Land Development including Subdivision Adequate provision of access, water, sewerage, open space, and other requirements is essential to ensure development following subdivision does not have adverse effects on the environment. Subdivisions (other than boundary adjustments or subdivisions for the purpose of network utility operations) not meeting the minimum lot size require resource consent as a non-complying activity, while those not meeting the other standards, terms and conditions require resource consent as a restricted discretionary activity. The reason for this difference is that the effects of under-size lots are cumulative in nature, and effects on amenity and character can be difficult to quantify. Those zones within the Residential Environment that have specified minimum lot size requirements have been identified as having a special character that the community wishes to protect or encourage. Likewise, the effects of land development need to be carefully managed, particularly in relation to provision of services. Amend Chapter 33 - RURAL ENVIRONMENTS as shown:

Chapter 33 RURAL ENVIRONMENTS Amend Issue 33.1.1 as shown: The sustainability of land resources being adversely affected by inappropriate subdivision, use and development. Agriculture has remained an important economic resource in the Hawke’s Bay, with pastoral farming the second most extensive land use in the City, following urban land use. Pastoral farming is predominantly located on the hills to the west of the City. The versatile and productive soils of the Heretaunga Plains has provided a significant resource base for horticultural activities, including the establishment of market gardens and orchard units (the Hawke’s Bay is one of the two largest fruit producing regions in the country2). In recent years, the rural environment has become increasingly popular for vineyards and wineries, with a number established around the Esk Valley, Taradale and Meeanee areas. Issues relating to the sustainable management of land resources include the following:

Versatile and productive soils are a limited resource in Napier and need appropriate

management to ensure that this land can be used for a variety of land uses in the future. Amend Issue 33.1.3 as shown: Traditional rural land uses are being displaced from some areas by residential development. 2 Montgomery Watson, 1999, Urban Growth Strategy Review, Napier City Council.



The Napier Urban Growth Strategy (NUGS) identified a number of areas for future urban development, including Lagoon Farm, the Playing Fields, Park Island, The Loop, Citrus Grove, Riverbend Road, and Serpentine/Boy’s High. Of these, Lagoon Farm, Citrus Grove, and Park Island have been rezoned to Main Residential and form the Parklands and Oaklands subdivisions. Serpentine/Boy’s High has also been rezoned to Main Residential and forms the Te Awa subdivision. Parklands and Te Awa are yet to be fully subdivided and potential remains for further development. The Loop and Riverbend currently remain as Rural Zone and are yet to be rezoned. A number of areas that are currently rurally zoned are considered in the Urban Growth Study for future urban development. These include Lagoon Farm, the Playing Fields, Park Island, The Loop, Citrus Grove, Riverbend Road, and Serpentine/Boy’s High. Of these, the areas of Lagoon Farm, Park Island, and Citrus Grove have been identified in this plan as areas that have been rezoned residential. The remaining areas, listed will remain as rural zones. The Heretaunga Plains Urban Development Strategy 2010 (HPUDS) identifies residential greenfield growth areas. These included areas already identified under NUGS, being Park Island, Parklands/Lagoon Farm, Te Awa/The Loop, and identified an additional area in Bay View. Combined with urban intensification of the existing urban area, housing needs are anticipated to be able to be met through to 2045.

In addition, rural residential development and development in rural settlement areas is an increasing type of development in the Rural Environment, (particularly at Bay View, Meeanee, Jervoistown and Poraiti). Physical limitations however, and the lack of services to these areas place constraints on development. There are also pressures for lifestyle development in the general rural area e.g. Western Hills. HPUDS actively discourages further rural residential and residential development of rural land in order to prevent the depletion of the soil resource, preserve the rural character, and ensure the ability for rural activities to continue to operate without undue restriction. HPUDS requires local authorities to identify an urban limit, and for future urban development to not expand beyond this limit through to 2045. Amend Objective 33.2 as shown: To protect the City’s outstanding natural features, significant landscapes, and it’s productive and versatile soil resources rural land from the adverse effects of inappropriate subdivision, use and development of land. Amend Policy 33.2.1 as shown: Ensure that on versatile rural land; potential is maintained for a range of current and future productive land uses to occur. Amend Policy 33.2.2 as shown: Ensure that the rural character of versatile rural land is maintained for future generations. Amend Policy 33.2.5 as shown: Encourage the protection of outstanding natural features and significant landscapes within the City, as identified in the Napier City Landscape Assessment Study. Require specific consideration of the landscape and visual effects of development proposals where they are located on landscapes identified as outstanding or significant in the Napier City Landscape Assessment Study. Add four new policies under Objective 33.2 as shown:



33.2.8 Establish defined urban limits to retain and protect the versatile and productive soils from ad hoc urban subdivision and development in accordance with the recommendations of the adopted Heretaunga Plains Urban Development Strategy (HPUDS).

33.2.9 Discourage the separation of dwellings from the productive use of rural land. 33.2.10 Supplementary units, residential care facilities, day care centres, education facilities,

travellers’ accommodation, or seasonal workers accommodation shall remain incidental to the main use of the land and shall not be subdivided from the remainder of the site.

33.2.11 Restrict activities which may cumulatively deplete the versatility and productivity of the

soil resource. Amend Principal Reasons for Adopting Objective (33.2) and Policies as shown: The protection of productive and versatile soils is a matter of consideration both against the background of Section 5 of the Act and in terms of Section 7 in having particular regard for any finite characteristics of natural and physical resources and their efficient use and development. The Hawke’s Bay Regional Policy Statement also recognises that "areas of high natural fertility and of highly versatile horticultural land are finite and require protection from their irreversible long-term developments" (p.52) “the versatile land of the region, particularly in the Heretaunga Plains sub-region is a regionally, if not nationally, significant resource for primary production and ultimately underpins the economy of the Region”, and that “pressure from urban development encroaching on this resource is a regionally significant issue” (Plan Change 4 to the Hawke’s Bay Regional Policy Statement as amended by decisions, p.2). The Heretaunga Plains includes some of the most fertile and versatile soils in New Zealand. The subdivision of land holdings into small lots and subsequent land uses can reduce the range of possible uses, compromise the productive use of soil resources and potentially affect the character and amenity of the rural environment. It can also limit the potential for current and future generations to provide for their social, economic and cultural wellbeing. Once land is converted for residential land uses, it is rarely converted back to rural land uses and since versatile soils are a limited resource, any adverse effect on versatile soils shall be avoided, remedied or mitigated. The Council will encourage the amalgamation of small areas of land which are not suitable for sustained, independent production. This will ensure that a more diverse range of productive land uses can occur and will enable the soil resource to be utilised in a sustainable manner. Specified small-scale ‘non-rural’ activities are permitted in order to support the rural use of the land, however these must remain a part of these existing rural sites, and must not be subdivided from the site to create a separate non-rural use. Productivity and versatility of soils can be improved through modern farming practices and technological improvements. It is important that the finite resource of rural land is preserved from the effects of non-rural uses so that future generations can benefit from the productive capacity of the soils. To ensure the versatile and productive soils of the Heretaunga Plains are not depleted, HPUDS requires local authorities to establish an urban limit and for no new residential and rural residential subdivision and development to occur beyond this limit. The Act clearly states that the protection of outstanding landscapes and natural features from inappropriate subdivision, use and development is a matter of national importance (Section 6(b)). The values associated with significant landscapes and natural features within Napier City include amenity, historical, cultural and rarity associations. Careful management, including the control of subdivision, land use and/or development, is necessary to ensure such valued areas within the rural environment are maintained, enhanced and protected for current and future generations. An assessment of the landscape values, and the development proposals impacts on these, will be a requirement for any development occurring within an outstanding or significant landscape, as identified in the Napier City Landscape Assessment Study. Amend Policy 33.3.1 as shown: Control the scale and intensity of land use and development (including subdivision) in the rural areas to avoid or mitigate adverse effects on maintain rural character and amenity values, and a sense of openness and privacy. Delete Policy 33.3.2 as shown: Increase public understanding of the effects that occur on the amenity levels in the rural environment as a result of rural landuses. Delete Policy 33.3.3 as shown:



Manage land uses and subdivision to ensure any adverse effects on the character and amenity values of the rural environment are avoided, remedied or mitigated. Add new policy after Objective 33.3 as shown: 33.2.6 Restrict the number and scale of residential dwelling units, supplementary units and other

non-rural uses permitted in rural areas. Amend Principal Reasons for Adoption Objective (33.3) and Policies as shown: Rural and non-rural uses need to be managed so that …. Often the rural environment is seen as providing an alternative peaceful lifestyle to the busy city life. Education is required so that people can appreciate the rural environment as a productive environment, where there will be noise, odour, visual and other impacts on amenity levels. It is envisaged that with greater understanding of land use that occur in the rural environment there will be a reduction in conflict about amenity issues. Delete Policy 33.4.3 as shown: Encourage the protection of outstanding natural features and significant landscapes within the City, as identified in the Napier City Landscape Assessment Study. Amend Policy 33.4.4 as shown: Restrict the location, scale and extent of Discourage or avoid rural residential development outside of existing rural residential zones, particularly on soils of high versatility or which have a long term potential for productive use. Add two new policies (after Objective 33.4) as shown: 33.4.10 Within the Rural Zone, avoid residential or rural residential subdivision and development

outside of the residential greenfield growth areas identified in Appendix 35. 33.4.11 Inappropriate ad hoc subdivision and development within residential greenfield growth

areas identified in Appendix 35 prior to rezoning shall be avoided. Amend Principal Reasons for Adoption Objective (33.4) and Policies as shown: The use of land for lifestyle character and rural-residential development provides a lifestyle choice for people. However, the Council is committed to retaining productive and potentially productive soils for productive use and will direct residential, lifestyle character and rural-residential development away from land with high potential value for primary production and land with versatile soils. To protect the resources of the Rural Zone, residential and rural residential development will be actively discouraged or avoided in areas outside of the residential greenfield growth areas identified in Appendix 35. This is a requirement of HPUDS and of the Hawke’s Bay Regional Resource Management Plan. Similarly, ad hoc subdivision within potential residential growth areas that have not yet been rezoned can ultimately compromise future development of the land in an efficient and cost effective manner. Inappropriate subdivision and development must therefore be avoided in these situations at all costs. Such actions are required in accordance with Policy UD10.1A of the Hawke’s Bay Regional Resource Management Plan.

The Act clearly states that the protection of outstanding landscapes and natural features from inappropriate subdivision, use and development is a matter of national importance (Section 6(b)). The values associated with significant landscapes and natural features within Napier City include amenity, historical, cultural and rarity associations. Careful management, including the control of subdivision, land use and/or development, is necessary to ensure such valued areas within the rural environment are maintained, enhanced and protected for current and future generations.

Add the following policy under Objective 34.4

Encourage the clustering of non-rural buildings in order to retain land for productive use and minimise effects on rural character and amenity.



Chapter 34 MAIN RURAL ZONE

Amend 34.1 Summary of Main Rural Zone Rules as shown


Rule 34.2 Any land use not identified as a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity and it complies with all the relevant conditions.

Permitted 2

Rule 34.32 Agricultural, horticultural and viticultural activities. Permitted

… Renumber remaining up to Rule 34.10 and renumber 34.9 as shown

Rule 34.9 A Supplementary units, residential care facilities, day care centres, education facilities, travellers’ accommodation and seasonal workers accommodation.

Permitted x

Rule 34.10 A supplementary unit. Permitted 4

Rule 34.11 Residential care facilities. Permitted 4

Rule 34.12 Day care centres. Permitted 4

Rule 34.13 Education facilities. Permitted 5

Rule 34.14 Travellers’ accommodation. Permitted 5

Rule 34.1510 Scheduled Sites Permitted x

…Renumber remaining as appropriate Rule 34.14(l) Any boundary adjustment or subdivision for the purpose of a network

utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 34.15(a) Supplementary units, residential care facility, day care centre, education facility, travellers’ accommodation or seasonal workers accommodation that does not comply with all the relevant conditions.


X

Rule 34.15(b) Any land use that does not comply with Condition 34.21 – Density

Non-Complying x

Rule 34.19 (l) Rule 34.15(c)

Any subdivision (excluding a boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan


x

Rule 34.15(d) Any land use not identified in the Main Rural Zone – Activity Table as a permitted activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity.

Non-Complying x

Amend the Main Rural Zone – Activity Table as shown




1. Any land use is a permitted activity provided that a) It complies in all respects with the relevant conditions in the

Main Rural Zone activity table and condition table. b) It is not stated by a rule elsewhere in this Plan as a controlled

activity, a restricted discretionary activity, a discretionary




activity, or a prohibited activity.

…


... c) The area of the home occupation must not exceed 30% of the

gross floor area of the dwelling unit. if located within the dwelling unit and/or 80m2 if located in an accessory building.

The Council will restrict its discretion to the

34.109 Supplementary Units, Residential Care Facilities, Day Care Centres, Education Facilities, Travellers Accommodation and Seasonal Workers Accommodation.

Any one or more of the following are permitted activities: 1. A supplementary unit 2. A residential care facility, catering for up to 10 residents 3. A day care centre, catering for up to 10 people1

4. An education facility, catering for up to 10 students 5. Travellers accommodation catering for up to 5 guests1 7. Seasonal Workers Accommodation

Provided that:

a) A maximum of one of each of these activities shall be undertaken on any site.

b) The combined gross floor area of these activities must not exceed

80m2 (per site, not per activity)1&2.

c) Any outdoor storage associated with these activities must be screened from view of any adjacent sites and public open space.

d) These activities shall share access with any primary dwelling onsite.

e) Any building utilised for these activities shall be located a maximum of 25 metres from the primary dwelling.

f) Any building associated with seasonal workers accommodation shall be sited a minimum of 15 metres from any road or adjoining property boundary.

g) These activities shall comply in all respects with the relevant

conditions in the Main Rural Zone activity and condition table Note 1: Travellers Accommodation or Day Care Centre within an existing

dwelling will be exempt from the 80m2 maximum floor area, provided that the existing residential activity does not cease. Seasonal Workers Accommodation within an existing dwelling will be exempt from the 80m2 maximum floor area.

Note 2: Seasonal Workers Accommodation – refer to the definition for

clarification as to what is included within the gross floor area.

NOTE: A supplementary unit, residential care facility, day care centre, education facility, travellers accommodation or seasonal workers accommodation that does not comply in all respects with the relevant conditions is a non-complying activity under. Rule 34.15.

34.10 Supplementary Units, 1. One supplementary unit per site is a permitted activity provided that:

a) The unit must consist of a single bedroomed dwelling unit.

The Council will restrict its discretion to the matters referred to in Rule 34.18, including the following: - The effects on rural character.



b) The gross floor area of the unit must not exceed 80m2, including a notional

garage. c) The supplementary unit need not comply with the open space condition.

d) The unit must comply in all other respects with the relevant conditions in the Main Rural Zone activity table and condition table.

- The effects on public health and safety. - The effects on amenity values. - The effects on traffic safety. - The type, frequency and timing of traffic. - The effects on matters of reverse sensitivity.




must be screened from view of any adjacent sites and public open space.

c) The facility must comply in all respects with the relevant conditions

in the Main Rural Zone activity table and condition table.

NOTE: For the purposes of this rule, residential care facilities do not include retirement complexes (see Rule 34.19(g) in the Main Rural Zone activity table).



a) The centre must not cater for more than 10 people, excluding staff. b) Any outdoor storage associated with the day care centre must be

screened from view of any adjacent sites and public open space.

c) The centre must comply in all respects with the relevant conditions in the Main Rural Zone activity table and condition table.



a) The facility must not cater for in excess of 10 students.

b) The facility must comply in all respects with the relevant conditions in the Main Rural Zone activity table and condition Table.




guests, excluding staff and/or family. b) Any sign or combination of signs must not exceed 1m2 in total area. c) Any outdoor storage associated with the travellers’ accommodation


d) The accommodation must comply in all respects with the relevant

conditions in the Main Rural Zone activity table and condition table.







NOTE: Any subdivision (not including any boundary adjustment or subdivision for the purpose of network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 34.15 (c). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 34.14(m).



...

h) A supplementary unit that does not comply in all respects with the relevant conditions in the Main Rural Zone

activity table and condition table. ... Renumber

i)h) Camping grounds.

And so on… Add new k)

k) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the



34.15 Non-Complying Activities 1.The following are non-complying activities.

a) A supplementary unit, residential care facilities, day care centre, education facility, travellers’ accommodation

or seasonal workers accommodation that does not comply with all the relevant conditions in the Main Rural Zone activity table and condition table.

b) Any land use that does not comply with Condition 34.21 – Density.

c) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

d) Any land use not identified as a permitted activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity.

Chapter 35 RURAL RESIDENTIAL ZONE Amend 35.1 Summary of Rural Residential Zone Rules as shown and renumber where appropriate


Rule 35.2 Any land use not identified as a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity and it

Permitted 2



Rule 35.32 Agricultural … X

…Renumber from here to Rule 35.9 and renumber as 35.8

Rule 35.98 A Supplementary Units, Residential Care Facilities, Day Care Centres, Education Facilities and Travellers’ Accommodation or Seasonal Workers Accommodation.

Permitted x

Rule 35.10 A supplementary unit. Permitted x Rule 35.11 Residential care facilities. Permitted x Rule 35.12 Day care centres. Permitted x Rule 35.13 Education facilities. Permitted x Rule 35.149 Scheduled Sites Permitted x

…Renumber remaining until 35.13(j)(after previously numbered 35.18 (j) and amend as shown

Rule 35.18(j) A supplementary unit that does not comply with all the relevant conditions. Discretionary x

Rule 35.183(kj) Use of explosives, other than for temporary military training purposes. Discretionary x

Rule 35.13(k) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this Plan.

Discretionary x

Rule 35.14(a)

A supplementary unit, residential care facility, day care centre, education facility, travellers’ accommodation or seasonal workers accommodation that does not comply with all the relevant conditions.


x

Rule 35.14(b) Any land use that does not comply with Condition 35.20 – Density. Non-Complying x

Rule 35.14(c)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this Plan.


Rule 35.14(d) Any land use not identified in the Rural Residential Zone – Activity Table as a permitted activity, a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity.

Non-Complying x

Amend the Rural Residential Zone - Activity Table as shown



35.2 Land Uses Generally 1. Any land use is a permitted activity provided that:

a) It complies in all respects with the relevant conditions in the

Rural Residential Zone activity table and condition table. b) It is not stated by a rule elsewhere in the Plan as a controlled



…


... c) The area of the home occupation must not exceed 30% of the

gross floor area of the dwelling unit. if located within the dwelling unit and/or 80m2 if located in an accessory building.

...



35.98 Supplementary Units, Residential Care Facilities, Day Care Centres, Education Facilities, Travellers’ Accommodation, and seasonal Workers Accommodation.

Any one or more of the following are permitted activities: 1. A supplementary unit 2. A residential care facility, catering for up to 10 residents 3. A day care centre, catering for up to 10 people1

4. An education facility, catering for up to 10 students 5. Travellers accommodation catering for up to 5 guests1

6. Seasonal Workers Accommodation Provided that:

a) A maximum of one of each of these activities shall be undertaken on any site.

b) The combined gross floor area of these activities must not exceed

80m2 (per site, not per activity) 1 & 2.

c) Any outdoor storage associated with these activities must be screened from view of any adjacent sites and public open space.

d) These activities shall share access with any primary dwelling onsite.

e) Any building utilised for these activities shall be located a maximum of 25 metres from the primary dwelling.

f) Any building associated with seasonal workers accommodation shall be sited a minimum of 15 metres from any road or adjoining property boundary.

g) These activities shall comply in all respects with the relevant

conditions in the Main Rural Zone activity and condition table Note 1: Travellers Accommodation or Day Care Centre within an existing

dwelling will be exempt from the 80m2 maximum floor area, provided that the existing residential activity does not cease. Seasonal Workers Accommodation within an existing dwelling will be exempt from the 80m2 maximum floor area.

Note 2: Seasonal Workers Accommodation - refer to the definition for

clarification as to what is included within the gross floor area.

NOTE: A supplementary unit, residential care facility, day care centre, education facility, travellers’ accommodation or seasonal workers accommodation that does not comply in all respects with the relevant conditions is a non-complying activity. Refer to Rule 35.14(1)(a)

35.9 Supplementary Units, 1. One supplementary unit per site is a permitted activity provided that:

a) The unit must consist of a single bedroomed dwelling unit. b) The gross floor area of the unit must not exceed 80m2, including a notional

garage. c) The supplementary unit need not comply with the open space condition.

d) The unit must comply in all other respects with the relevant conditions in the Main Rural Zone activity table and condition table.

The Council will restrict its discretion to the matters referred to in Rule 35.17, including the following: - The effects on rural character. - The effects on public health and safety. - The effects on amenity values. - The effects on traffic safety. - The type, frequency and timing of traffic. - The effects on matters of reverse sensitivity.








c) The facility must comply in all respects with the relevant conditions

in the Main Rural Zone activity table and condition table.

NOTE: For the purposes of this rule, residential care facilities do not include retirement complexes (see Rule 34.19(g) in the Main Rural Zone activity table). 35.11 Day Care Centres 1. A day care centre is a permitted activity provided that:

a) The centre must not cater for more than 10 people, excluding staff. b) Any outdoor storage associated with the day care centre must be

screened from view of any adjacent sites and public open space.

c) The centre must comply in all respects with the relevant conditions in the Main Rural Zone activity table and condition table.



a) The facility must not cater for in excess of 10 students.

b) The facility must comply in all respects with the relevant conditions in the Main Rural Zone activity table and condition Table.




guests, excluding staff and/or family. b) Any sign or combination of signs must not exceed 1m2 in total area. c) Any outdoor storage associated with the travellers’ accommodation


d) The accommodation must comply in all respects with the relevant

conditions in the Main Rural Zone activity table and condition table.





NOTE: Any subdivision that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 35.14 (c). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and/or minimum average lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 35.18(l).





...

l) A supplementary unit, that does not comply in all respects with the relevant conditions in the Rural Residential Zone activity table and condition table.

...Renumber

kj) Use of…. ...Renumber

m) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size and /or minimum average lot size specified in Chapter 66 of the Plan.




a) A supplementary unit, residential care facility, day care centre, education facility, travellers’ accommodation or seasonal workers accommodation that does not comply with all the relevant conditions.

b) Any land use that does not comply with Condition 35.20 – Density. c) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size and /or minimum average lot size specified in Chapter 66 of this Plan.

d) Any land use not identified in this Plan as a permitted activity, a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity.

Chapter 37 RURAL CONSERVATION ZONE Add to the Summary of Rural Conservation Zone as shown


…

Rule 37.10 (c) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 37.11(a)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this plan.

Non-complying x

Rule 37.11(b) Any land use that does not comply with Condition 37.12 - Density Non-complying x

Rule 37.10(c) Rule 37.11(c)

Any land use not identified as a permitted activity, a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity

Discretionary Non-complying x

…

Add to the Rural Conservation Zone – Activity Table as shown


37.9 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land in rules 37.2 to 37.8 that does not comply with all of the relevant conditions

in the Rural Conservation Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum Lot size specified in Chapter 66 of this plan is a Non-

Complying Activity under Rule 37.11(1)(a). Any boundary adjustment or subdivision for the purpose of a



network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 37.10(d).


declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 39. The Council’s discretion is unrestricted. ... d) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with

the minimum lot size specified in Chapter 66 of the Plan.



1. The following are non-complying activities. a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan b) Any land use that does not comply with Condition 37.12 - Density c) Any land use not identified in this Plan as a permitted activity, a controlled activity, a restricted

discretionary activity, a discretionary activity, or a prohibited activity.

Chapter 38 RURAL SETTLEMENT ZONE Add to 38.1 Summary of Rural Settlement Zone Rules as shown


Rule 38.9(j) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 38.10(a) Any land use that does not comply with Condition 38.11 - Density Non-Complying x

Rule 38.10(b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x

Rule 38.9(j)

Rule 38.10(c)

Any land use not identified as a permitted activity, a controlled activity, a restricted discretionary activity, a discretionary activity or a prohibited activity.

Discretionary

Non-Complying

x

…

Add to the Rural Settlement Zone - Activity Table as shown

RESTRICTED DISCRETIONARY ACTIVITIES 38.8 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land in rules 38.2 to 38.7 that does not comply with all of the relevant

conditions in the Rural Settlement Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum Lot size specified in Chapter 66 of this plan is a Non-Complying Activity under Rule 38.10.1 (b). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 38.9(j).





.... j) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the





a) Any land use that does not comply with Condition 38.11 – Density. b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan. c) Any land use not identified in this Plan as a permitted activity, a controlled activity, a restricted discretionary

activity, a discretionary activity, or a prohibited activity.

Amend the Rural Settlement Zone – Condition Table as shown

CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES 38.15 Site Coverage 1. The following site coverage conditions shall apply to all land uses:


Chapter 38A LIFESTYLE CHARACTER ZONE Add to the 38.1 Summary of Lifestyle Character Zone Rules as shown

Rule Number and Description Classification Page Number Rule 38A.9(h) Any boundary adjustment or subdivision for the purpose of a

network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x

Rule 38A.10(a) Any land use that does not comply with Condition 38A.12 - Density Non-Complying x

Rule 38A.10(b)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Non-Complying x

Rule 38A.9(h) Rule 38A.10(c)

Any land use not identified as a permitted activity, a controlled activity, a restricted discretionary activity, a discretionary activity, or a prohibited activity


…

Amend the Lifestyle Character Zone - Activity Table as shown



38A.4 Home Occupations 1. A home occupation is a permitted activity provided that:

... c) The maximum area of the home occupation must not exceed 30% of the gross floor area of the dwelling unit. if

located within the dwelling unit and/or 80m2 if located in an accessory building.. ... RESTRICTED DISCRETIONARY ACTIVITIES 38A.8 Land Uses Not Complying With Conditions 1. Any subdivision, use or development of land in rules 38A.2 to 38A.7 that does not comply with all of the relevant

conditions in the Lifestyle Character Zone activity table and condition table, is a restricted discretionary activity, unless stated by a Rule elsewhere in this Chapter.


Complying Activity under Rule 38A.10(b). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 38A.9(h).

DISCRETIONARY ACTIVITIES 38A.9 Discretionary Activities

1. The following land uses are discretionary activities. A resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 39. The Council’s discretion is unrestricted. ...

h) Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the Plan.


38A.10 Non-Complying Activities

1. The following are non-complying activities. a) Any land use that does not comply with Condition 38A.12 – Density. b) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility

operation) that does not comply with the minimum lot size specified in Chapter 66 of this Plan. c) Any land use not identified in this Plan as a permitted activity, a controlled activity, a restricted discretionary

activity, a discretionary activity, or a prohibited activity.

Amend Chapter 39 – ASSESSMENT CRITERIA (Rural Environments) as shown

Chapter 39 ASSESSMENT CRITERIA (Rural Environments) 39.1 INTRODUCTION Some non-complying activity, discretionary activity, and restricted discretionary …. 39.2 GENERAL The following criteria will be used by the Council in considering a resource consent application for a Non-Complying Activity, a Discretionary Activity, of or a Restricted Discretionary Activity…. Amend Chapter 40 - PRINCIPAL REASONS FOR RULES as shown



Chapter 40 PRINCIPAL REASONS FOR RULES (Rural Environments) … 40.2 Land Uses Generally The general assumption is that in all Rural Environment zones (with the exception of the Jervoistown Zone), the Main Rural, Rural Residential and Rural Commercial zones, any land use is a permitted activity activity provided it complies in all respects with the relevant conditions in the relevant zone and is not specified elsewhere in the Plan as a controlled, restricted discretionary, discretionary or prohibited activity. This recognises the versatility of the land for different uses in these zones.

However within the Rural Conservation, River Conservation Jervoistown and Rural Settlement zones, the principal assumption is that only the listed land uses are permitted provided they meet the relevant conditions. Aany land use that is not listed within the activity table of these zones is considered to be a discretionary non-complying activity.

The principal assumption for the Rural Environment differs from that of other Environments (which

generally have a permissive assumption) because the Rural Environment is more sensitive to the effects of activities not anticipated by the District Plan. changes throughout the rural environment as it is considered that some land uses and their associated effects are unacceptable in certain rural zones due to the sensitivity of the receiving environments.

…

40.20 Land Development including Subdivisions Adequate provision of access, water, sewerage, open space, and other requirements is essential to ensure development following subdivision does not have adverse effects on the environment. Subdivisions not meeting the minimum lot size and/or the minimum average lot size (other than boundary adjustments or subdivisions for the purpose of network utility operations) require resource consent as a non-complying activity, while those not meeting the other standards, terms and conditions require resource consent as a restricted discretionary activity. The reason for this difference is that the effects of under-size lots are cumulative in nature, and effects on amenity and character can be difficult to quantify. Likewise, the effects of land development need to be carefully managed, particularly in relation to provision of services. Amend Chapter 42 – BOAT HARBOUR ZONE – as shown

Chapter 42 BOAT HARBOUR ZONE Amend Chapter 42.1 Summary of Boat Harbour Zone Rules Rule Number and Description Classification Page Number …

Rule 42.8(f)

Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of this Plan

Discretionary x



Rule 42.9(a)

Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that does not comply with the minimum lot size specified in Chapter 66 of this plan

Non-Complying x

Amend Boat Harbour Zone – Activity Table



1. Any subdivision, use or development of land referred to in rules 42.2 to 42.6 that does not comply with all of the

relevant conditions in the Boat Harbour Zone activity table and condition table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.

NOTE: Any subdivision that does not comply with the minimum lot size specified in Chapter 66 of this Plan is a Non-

Complying Activity under Rule 42. 9.1(a). Any boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the minimum lot size specified in Chapter 66 of the plan is a Discretionary Activity under Rule 42.8(f).




… f) A boundary adjustment or subdivision for the purpose of a network utility operation that does not comply with the

minimum lot size specified in Chapter 66 of the Plan. NON-COMPLYING ACTIVITIES

42.9 Non-complying Activity 1. The following are non-complying activities.

a) Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation)

that does not comply with the minimum lot size specified in Chapter 66 of this Plan.

...

Amend Chapter 41 – OPEN SPACE ENVIRONMENTS as shown

Chapter 41 OPEN SPACE ENVIRONMENTS Amend Chapter 49 - OPEN SPACE ENVIRONMENTS (Assessment Criteria) 49.1 INTRODUCTION Some non-complying and discretionary activity rules refer to assessment criteria…. Amend Chapter 50 - PRINCIPAL REASONS FOR RULES – 50.9 50.9 Land Development including Subdivision Adequate provision of access, water, sewerage, open space, and other requirements is essential to ensure development following subdivision does not have adverse effects on the environment. Subdivisions (other than boundary adjustments or subdivisions for the purpose of network utility operations) not meeting the minimum lot size require resource consent as a non-complying activity,



while those not meeting the other standards, terms and conditions require resource consent as a restricted discretionary activity. The reason for this difference is that the effects of under-size lots are cumulative in nature, and effects on amenity and character can be difficult to quantify. Likewise, the effects of land development need to be carefully managed, particularly in relation to provision of services. Amend Chapter 58 – SIGNS as shown

Chapter 58 SIGNS Amend 58.6 - Summary of Rules for Signs

Add new rule


Rule 58.23(a)

Any sign that does not directly relate to the site it is located on (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).

Non-Complying x

Amend District Wide Activity - Signs – Activity Table DISCRETIONARY ACTIVITIES

1….. ……



1. The following are non-complying activities. a) Any sign which is used to advertise any services, goods or products that are not directly related to the primary

use or activities occurring on the site of the sign (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).

Amend District Wide Activity - Signs – Condition Table CONDITIONS FOR PERMITTED ACTIVITIES AND CONTROLLED ACTIVITIES

58.24 Sign Location 1…..

a) …… NOTE: Failure to comply with this condition results in a Non-Complying Activity in accordance with Rule 58.23(a). … Amend Chapter 66 – CODE OF PRACTICE FOR SUBDIVISION AND LAND DEVELOPMENT as shown

Chapter 66 CODE OF PRACTICE FOR SUBDIVISION AND LAND DEVELOPMENT Amend Volume Two of the Napier District Plan – Code of Practice for Subdivision and Land Development as shown



Amend 6.3 DISCRETIONARY ACTIVITIES (Page A-23 of the Code) 6.3 DISCRETIONARY ACTIVITIES Any development (including subdivision) which fails to comply with four or more standards and terms (with the exception of minimum or average lot size) for a Controlled Activity shall be a Discretionary Activity for which…… Insert new section after 6.3 DISCRETIONARY ACTIVITIES, and consequentially re-number 6.4 POHIBITED ACTIVITES TO 6.5 6.4 NON-COMPLYING ACTIVITIES Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that is unable to comply with the minimum or average lot size (with the exception of boundary adjustments and subdivision for network utility operations) outlined in Table 6.1.2 shall be a Non-Complying Activity. 6.45 PROHIBITED ACTIVITIES


Notified Plan Change 10 304 Definitions

DEFINITIONS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout Chapter 68 DEFINITIONS

Amend, delete and add the following definitions as follows:

Accessory Building means in relation to any SITE, a BUILDING, the USE of which in the opinion of the COUNCIL is incidental to that of any other BUILDING or buildings on the SITE, but excludes any SUPPLEMENTARY UNIT. In relation to a SITE on which no BUILDING has been erected, is a BUILDING which in the opinion of the COUNCIL is incidental to any permitted activity.

Alteration means any change to, addition to, or partial demolition of, any HERITAGE ITEM, BUILDING and/or STRUCTURE. In relation to a BUILDING or STRUCTURE, it does not include general MAINTENANCE where that MAINTENANCE involves replacement with materials that are the same as the original materials of the BUILDING. Alteration does not include SAFETY ALTERATION works which has a separate meaning in this Plan.

Coastal Protection Works means any works, STRUCTURE(S), BUILDING(S), or deposition of materials undertaken within the coastal environment used to reduce risks posed by coastal erosion and/or inundation to human life, property, infrastructure, development, or the ENVIRONMENT, and may include, but is not limited to, wood, concrete, steel mesh, rock, sea walls, groynes, rip-rap, bunds, breakwaters, revetments, reinforced fences, and gabions, but does not include BEACH RENOURISHMENT.

Cut/Fill Face: means the sloping or vertical exposed face resulting from earthworks (filling and/or excavation)

Day Care Centre means premises used for the care or education of children under 6 years old (not being the children of the persons providing the education or care), or welfare of people including the aged, disabled and the young by the day or part of a day, but not for any continuous period of more than 7 days and where provision is not made for overnight stays. It includes, but is not limited to kindergartens, playcentres, KOHANGA REO, licensed childcare centres, day nurseries and creches.



Earthworks means any modification to the shape of the land surface, including removal of soil, excavation, infilling, recontouring and construction of any ROAD, track, landing or drainage channel.means the disturbance of land by moving, placing or replacing earth, or by excavation or cutting; filling or backfilling and the removal of or importation of earth (including topsoil) to and from any site, but does not include tilling or cultivating of soil for land based primary production. The volume of earthworks is the sum of both cut and fill operations.

External Illumination means the use of electronic devices where the light source is directed onto the sign.

External Sound Insulation Level (DnT/w + Ctr)

means the standardised level difference (outdoor to indoor) and is a measure of the airborne sound insulation provided by the external BUILDING envelope (including windows, walls, ceilings and floors where appropriate) described using DnT/w + Ctr as defined in the following standards:

ISO717-1:1996* Acoustics – Rating of Sound Insulation in Buildings & Building Elements using Spectrum No. 2 (A-weighted traffic noise spectrum).

ISO140-5:1998 Acoustics – Measurement of Sound Insulation in Buildings And of Building Elements Part 5: Field Measurements Of Airborne Sound Insulation Of Facade Elements And Facades.

The term “external sound insulation level” is used in this Plan as a calculated value to demonstrate compliance with the stated minimum standard of acoustic isolation against sounds arising from outside the building. If field testing of built structures is employed to verify predictions, these tests shall be carried out using ISO 140-5:1998 Acoustics – Measurement of Sound Insulation In Buildings And Of Building Elements and Part 5:Field Measurements Of Airborne Sound Insulation of Facade Elements and Facades.

Ground Level means the original ground level prior to any EARTHWORKS, except that in the case of SUBDIVISION, or any EARTHWORKS approved by the COUNCIL, the ground level may be the finished ground level where the adverse effects on SITES adjoining the development are

any no greater than those assessed from the original ground level. subdivision or land use consent.

Height means ……



Heritage Item means any type of historic heritage place or area. It may include a historic BUILDING, historic site (including archaeological site), a place/area of significance to Maori, or heritage landscape. The term may be used to refer to both HERITAGE ITEMS listed in the District Plan and to those items registered by the New Zealand Historic Places Trust.

Historic Area means an area of land containing an inter-related group of historic places, BUILDINGS, STRUCTURES and/or sites that contribute towards an understanding and appreciation of New Zealand’s history and cultures. The term may include any registered HISTORIC AREA under the Historic Places Act 1993, or any heritage conservation area or precinct.

Historic Heritage has the same meaning as historic heritage defined in section 2 of the Resource Management Act 1991.

Illuminated Sign means the use of internal and external devices which include spotlights, floodlights, neon, LED, LCD, plasma, coloured and non-coloured light bulbs for advertising or display purposes.

Internal illumination means the use of electronic devices where the light source is directed from the interior of the sign.

Inert In chemical terms, INERT is used to describe something that is not chemically reactive.

Intensive Farming Activities: means

(a) the production of commercial livestock in buildings or in outdoor enclosures where for the majority of the lifecycle of the animal on a particular site, the stocking density precludes the maintenance of pasture or ground cover; or

(b) land and buildings used for the commercial boarding and/or breeding of cats, dogs and other domestic pets; or

(c) mushroom farming; or (d) growing crops indoors in pots and/or on a permanent floor.

The maximum height plane exactly mimics the ground plane over the whole site. The ground plane is made up of the levels existing prior to any earthworks, except in the case of earthworks approved by any subdivision or land use consent. at the time of subdivision.



Inundation The rising of a body of water, including sea water, and its overflowing or flooding of normally dry land.

L10 means the L10 exceedance level, in A-frequency-weighted decibels, which equalled or exceeded ten percent of the total measurement time.

LAeq means the time-average A-frequency weighted sound pressure level (dBA Leq) of a continuous steady sound that within a sample period has the same mean square sound pressure level as a sound under investigation whose level varies with time.

LAmax means the maximum A-frequency-weighted sound level (dBA Lmax) during a stated period of time.

Land Development and means any land use: Development

Involving SUBDIVISION; (including all associated network utility operations required to service the subdivision); or

Involving MULTI-UNIT DEVELOPMENT; (including all associated network utility operations required to service the multi unit development); or

Requiring EARTHWORKS design pursuant to Part C5.5 Chapter 52A; or

Requiring an extension to one or more of the COUNCIL’S existing NETWORK UTILITY OPERATIONS

Loading Space means a part of a SITE, whether covered or not, clear of any ROAD or service lane upon which a vehicle can stand while being loaded or unloaded. Such loading space shall have vehicular ACCESS to a ROAD or service lane and must be provided separately from any other designated car park onsite and not be part of internal traffic movements.

Maintenance refer to REPAIR AND MAINTENANCE meaning the protective care of a PLACE. A PLACE of HERITAGE VALUE should be maintained regularly and according to a plan, except in circumstances where it is appropriate for PLACES to remain without intervention.

And in relation to a STRUCTURE, means carrying out any work which:

(a) Is for the purposes of keeping the STRUCTURE in good condition.

(b) Does not result in any increase in the area of land occupied by the STRUCTURE.

(c) Does not change the CHARACTER, scale and intensity of any effects of the STRUCTURE on the environment (except to reduce any adverse effects or increase any positive effects) but does not include UPGRADING.



Major Hazardous Facility means any facility which involves one or more following activities:

• Manufacturing of hazardous substances (including industries manufacturing agrochemicals, fertilisers, acids/alkalis or paints)

• Oil and gas exploration and extraction facilities • The storage/use of more than 100,000l of petrol • The storage/use of more than 50,000l of diesel • The storage/use of more than 6 tonnes of lpg • Galvanising plants • Electroplating and metal treatment facilities • Tanneries • Timber treatment • Freezing works and rendering plants • Wastewater treatment plants • Metal smelting and refining (including battery refining or re-cycling) • Milk treatment plants • Fibreglass manufacturing • Polymer foam manufacturing • Asphalt/bitumen manufacture or storage • Landfills

The following are examples of activities which are not considered to be major hazardous facilities:

• The incidental use and storage of hazardous substances in minimal

domestic scale quantities • Retail outlets for hazardous substances intended for domestic

usage (e.g. supermarkets, hardware stores and pharmacies) • Retail service stations and truck stops • Pipelines used for the transfer of hazardous substances such gas,

oil, trade waste and sewage • Fuel in motor vehicles, boats, airplanes and small engines • Military training activities • The transport of hazardous substances (e.g. in trucks or trains)

M.H.W.S. is an abbreviation for Mean High Water Springs, and means the highest level that spring tides reach on average over a measured period of time. MHWS can be calculated as the average levels of each pair of successive high tides during a period of about 24 hours in each semi-lunation (approximately every 14 days), when the range of the tide is greatest (generally during spring) (NZ Nautical Almanac).

National Grid Transmission Line

means lines for conveying electricity at a voltage equal to or exceeding 110 kV.

National Grid Transmission Yard

means the area located 12m in any direction from the outer edge of an

electricity transmission support structure and; the area located 12m either side of the centreline of an overhead

electricity transmission line.



Note: The centre line at any point is a straight line between the centre points of the two support structures at each end of the span.

Natural Hazard Activities means activities that are carried out by a Network Utility Operator or local authority to reduce the risks posed by natural hazards to human life, property or the environment (includes stopbanks, sea walls, vegetation planting).

Noise Limit in relation to dBA means a L10, Ldn, LAeq or LAmax sound level in A-frequency-weighted decibels that is not to be exceeded and in relation to dBC means a “peak sound pressure level” or the peak C-frequency weighted sound level that is not to be exceeded.

Renewable Energy: Has the same meaning as the Resource Management Act 1991 and any subsequent amendments.

Repair and Maintenance means making good decayed or damaged material. Repair of (General) material or of a SITE should generally be with original or similar materials. Repair of technically higher standard than the original workmanship or materials may be justified where the life expectancy of the SITE or material is increased, and the new material is compatible with the old, and any HERITAGE VALUE is not diminished. .

And in relation to a STRUCTURE, means carrying out any work which:

(a) Is for the purpose of keeping the STRUCTURE in good condition;

(b) Does not result in any increase in the area of land occupied by the STRUCTURE;

(c) Does not change the CHARACTER, scale and intensity of a any effects of the STRUCTURE on the environment (except to reduce any adverse effects or increase any positive effects) but does not include UPGRADING.

Repair and Maintenance (Heritage)

In relation to a place or item identified in Appendix 13, means making good any decayed or damaged fabric to a documented earlier form, where:

The work involves stabilisation, preservation and

conservation as defined in the ICOMOS NZ Charter for the Conservation of Places of Cultural Heritage Value 1993 (the ICOMOS Charter);

The work does not involve alterations, additions (including reconstruction as defined by the ICOMOS Charter), relocation, partial demolition and demolition (otherwise other rules apply);

The work involves the restoration to good or sound condition of any existing BUILDING or any part of an existing BUILDING;

The work involves the patching, restoration or minor replacement of materials, elements, components, equipment



and fixtures for the purposes of maintaining such materials, elements, components, equipment and fixtures in good or sound conditions;

Any redecoration work involves the renewal, restoration or new application of surface finishes (except new signage), decorative elements, minor fittings and fixtures and floor coverings which does not destroy, compromise, damage or impair the appreciation of the heritage values of the elements being redecorated;

The work carried out on the building will generally match the original in terms of quality, materials and detailing;

The work does not result in any increase in the area of land occupied by the BUILDING; and

The work does not change the character, scale and intensity of any effects of the BUILDING on the environment (except to reduce any adverse effects or increase any positive effects) but does not include upgrading.

Safety Alteration means works undertaken on a heritage item necessary for the

primary purpose of improving structural performance, fire safety or physical access. Improving structural performance involves earthquake strengthening work. This work shall be identified by a chartered professional engineer who has knowledge of the structural characteristics and earthquake performance of the type of building being assessed. To avoid doubt, earthquake strengthening means improving the structural performance of a heritage building by modifying, or adding to, the structure of a building. This work may be required to enhance the structural capacity of the building and may include but is not limited to: Safely carry self and imposed gravity loads Withstand probable wind loads without unacceptable damage Withstand probable earthquake loads without unacceptable

damage Withstand other damaging effects that have been identified for a

particular building.

Screened in terms of a fence means a FENCE or landscaping capable of visually blocking from view the whole of a particular activity, or specified part of an activity, or impermeable to headlight glare, such as a close boarded fence.

Seasonal Workers Accommodation means any premises used for accommodation purposes directly

associated with the seasonal labour requirements of the DISTRICTS HORTICULTURE, VITICULTURE, and cropping industries and includes permanent BUILDINGS and relocatable STRUCTURES, but does not include ablution or kitchen/common room facilities associated with this activity when those facilities are located in a separate BUILDING from the BUILDING providing the accommodation.

Sensitive Activities means the following activities where they occur within the NATIONAL GRID TRANSMISSION YARD; DWELLING UNIT, DAY



CARE CENTRE, PAPAKAINGA, RETIREMENT COMPLEX, SEASONAL WORKERS ACCOMMODATION, TRAVELLERS ACCOMMODATION, EDUCATION FACILITIES and HEALTH CARE CENTRES.

Sign means all forms of advertising devices including a signboard, poster,

mural, BANNER, flag, billboard, sandwich board, wind sock, blimp, carving, inscription, or projection light to create an image, message or notice, placed on land, rock, stone, electronic devices, or affixed to any BUILDING or STRUCTURE, or incorporated within the design of any BUILDING or STRUCTURE (whether by painting or otherwise).

Site Coverage which is expressed as a percentage, means those parts of a SITE

which are covered by BUILDINGS, parts covered by overhanging or cantilevered STRUCTURES, but does not include FENCES, retaining walls, PERGOLAS, or uncovered swimming pools.

Slow Trade Retailer: means a single commercial category retailer, which tend to stock

. bulkier items and includes furniture and appliance retailers

Surcharge Load means any (additional) loading above normal ground conditions that could impact on the integrity of the excavation (examples being buildings, structures or stored materials etc)

Temporary Military Training means a temporary military activity undertaken for defence purposes. The term, ‘defence purposes’ is as defined in the Defence Act 1990.

Travellers’ means LAND and/or one or more BUILDINGS principally used for the Accommodation day-to-day accommodation of travellers and their vehicles for not more than 50 days in any twelve month period by any given individual, and includes the unlicensed services which are provided on the SITE ancillary to the principal activity. This includes motels, hotels, bed and breakfast, boarding houses and homestays, but does not include CAMPING GROUNDS OR LICENSED PREMISES.


Notified Plan Change 10 312 Roof Surfaces Provisions

ROOF SURFACES CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



Chapter 22 INDUSTRIAL ENVIRONMENTS Insert in Chapter 22 Industrial Environments - Significant Resource Management Issue 22.1.4 The industrial areas of Onekawa, Pandora and Awatoto are generally well buffered from adjacent residential areas by either, open drain reserves, public reserves, or rural land. However, some industrial land uses may generate effects which require careful management particularly industrial activities in the Main Industrial and Business Park zones located near the Ahuriri Estuary and Council Stormwater Management areas. The Business Park zone is located in a sensitive environment adjacent to the Ahuriri Estuary and Council Stormwater Management areas where the effects of activities must be carefully managed. Performance standards and other controls relevant to the particular industrial locality can be imposed to ensure that any adverse effects generated by industry are avoided, remedied or mitigated including stormwater runoff from roofs that are not constructed of inert materials. Of Another particular concern are is the potential effects on the road network arising from retailing activity both within the new Business Park Zone and also within other industrial zones. Modelling has shown that the capacity of the road network particularly in the Prebensen Drive/Expressway area will require careful assessment of any retail activity and in some areas limits imposed on the extent of retail development. Add new paragraph to Principal Reasons for Adopting Objective and Policies after Objective 22.3 and associated policies The Main Industrial, Business Park and the Suburban Industrial Zone at Corunna Bay have outlets that feed into the Ahuriri Estuary. To avoid contamination, including stormwater runoff from roofs that are not constructed of inert materials, and to ensure the health of the estuarine environment, new industrial activities/buildings in the zones will be required to use inert roofing materials.

Add the following to Methods under Objective 22.3 and associated Policies (4) Hawke’s Bay Regional Resource Management Plan Add to - Principal Reasons for Methods All on‐site stormwater discharges are regulated by the Hawke’s Bay Regional Resource Management Plan. Add to 22.5 - ANTICIPATED ENVIRONMENTAL RESULTS (13) The potential for effects from stormwater discharges associated with industrial land use will be avoided, remedied or mitigated. Add to 1st paragraph in the Zone Descriptions for the Suburban Industrial Zone 22.6.3 Suburban Industrial Zone



The Suburban Industrial Zone applies to a number of smaller areas of industrial activity scattered throughout the City. These zones are either single or clusters of industrial activity. The areas covered by the Suburban Industrial Zone include the Hyderabad Road/Corunna Bay area on the southern side of Napier Hill, the Greenmeadows service industrial area located generally on both sides of Gloucester Street between Auckland Road and Guppy Road, and Napier South’s old gas works site on the corner of Wellesley Road and Latham Street. …. Add new (3rd) paragraph The Corunna Bay area has outlets that feed into the Ahuriri Estuary via Pandora Pond. Performance standards and other controls can be imposed to ensure that any adverse effects generated by industry are avoided, remedied or mitigated including stormwater runoff from roofs that are not constructed of inert materials.

Chapter 23 MAIN INDUSTRIAL ZONE – RULES Insert NEW rule 23.21 after 23.20 (Aerials, Lines and Support Structures) and renumber existing 23.21 to 23.22. 23.21 Roof Surfaces 1. The following condition shall apply to all roofs.

a) All roof surfaces shall be constructed from inert materials

or painted with non-metal based paint and thereafter maintained in good order.

Note: Stormwater may only be discharged to a Council reticulated network in compliance with the Napier City Stormwater Bylaw 2012.

All on‐site stormwater discharges are regulated by the Hawke’s Bay Regional Resource Management Plan and may require resource consent approval. Contact the Hawke’s Bay Regional Council for advice.

Matters: - The effects on public health and safety. - The effect on stormwater discharges associated with

the industrial land use. - The mitigation measures to avoid contamination from

stormwater runoff. - The effect on the ecology and aquatic life of the

Ahuriri Estuary.

Chapter 27 BUSINESS PARK ZONE – RULES Insert NEW rule 27.22 after 27.21 (Aerials, Lines and Support Structures) and renumber existing 27.22 to 27.23. 27.22 Roof Surfaces 2. The following condition shall apply to all roofs.








Ahuriri Estuary.



Chapter 14 COMMERCIAL ENVIRONMENTS Amend 14.1.9 in Chapter 14 Commercial Environments 14.1.9 Retail Development outside the Inner Commercial Zone

…. Add to 5th paragraph the following …However this land is unserviced and will require services to be in place prior to development proceeding. It is however also located close to the Ahuriri Estuary and Council Stormwater Management areas. Performance standards and other controls can be imposed to ensure that any adverse effects generated by commercial activities are avoided, remedied or mitigated including stormwater runoff from roofs that are not constructed of inert materials. Amend objective 14.7 Add new Policy under Objective 14.7 Objective 14.7 To avoid, remedy or mitigate the adverse effects on the environment of land uses within the Central Business District (CBD) and other commercial areas of the City. This objective relates to Issues 14.1.1; 14.1.3; and 14.1.8 and 14.1.9 Add new Policy under Objective 14.7

14.7.9 Ensure that all land uses within the Commercial Zones undertake all reasonable steps to

avoid adverse effects beyond their site boundaries.

Add new (10th) paragraph to Principal Reason for Adopting Objective and Policies after new policy 14.7.9 The Large Format Retail Zone is located near to the Ahuriri Estuary. To avoid contamination, including stormwater runoff from roofs that are not constructed of inert materials, and to ensure the health of the estuarine environment, new commercial activities/buildings in the zone will be required to use inert roofing materials.

Methods Add the following to Methods under Objective 14.7 and associated Policies (3) Hawke’s Bay Regional Resource Management Plan Add new (3rd) paragraph to - Principal Reasons for Methods before Objective 14.8 All on‐site stormwater discharges are regulated by the Hawke’s Bay Regional Resource Management Plan. Add to 14.9 - ANTICIPATED ENVIRONMENTAL RESULTS (14) The potential for effects from stormwater discharges associated with commercial land use will be avoided, remedied or mitigated.

Chapter 18 SUBURBAN COMMERCIAL ZONE - RULES



Insert NEW rule 18.25 after 18.24 (Aerials, Lines and Support Structures) and renumber existing 18.25 to 18.27 (18.26 is the new Earthworks Chapter insertion). 18.25 Roof Surfaces - (Corunna Bay only) 1. The following condition shall apply to all roofs.








Ahuriri Estuary.

Chapter 19 LARGE FORMAT RETAIL ZONE – RULES Insert NEW rule 19.22 after 19.21 (Landscaping) and renumber existing 19.22 to 19.24 (19.23 is the new Earthworks Chapter insertion). 19.22 Roof Surfaces 1. The following condition shall apply to all roofs.

a) All roof surfaces shall be constructed from inert materials or painted with non-metal based paint and thereafter maintained in good order.






Ahuriri Estuary.

Chapter 51 AIRPORT ZONE Amend Chapter 51 Airport Zone – SIGNIFICANT RESOURCE MANAGEMENT ISSUES 51.1.2 Management of any adverse effects on the environment generated by land uses within

the Hawke's Bay Airport area. Amend wording in this issue as indicated. …However, some airport operations, including roofs that are not constructed of inert materials, may generate effects which require careful management….. Add new (3rd) paragraph to Principal Reasons for Adopting Objective and Policies The Airport Zone is located adjacent to the Ahuriri Estuary. To avoid contamination, including stormwater runoff from roofs that are not constructed of inert materials, and to ensure the health of the estuarine environment, new commercial activities/buildings in the zone will be required to use inert roofing materials.



Add the following to Methods under Objective 51.2 and associated Policies

(3) Hawke’s Bay Regional Resource Management Plan

Add new (2nd) paragraph to - Principal Reasons for Methods

All on‐site stormwater discharges are regulated by the Hawke’s Bay Regional Resource Management Plan.

Add to 51.3 - ANTICIPATED ENVIRONMENTAL RESULTS (4) The potential for effects from stormwater discharges associated with industrial land use

will be avoided, remedied or mitigated. Insert NEW rule 51.25 after 51.24 (Aerials, Lines and Support Structures) and renumber accordingly from thereon. 51.25 Roof Surfaces 1. The following condition shall apply to all roofs.








Ahuriri Estuary.

Amend 51.35 - Principal Reasons for Rules by inserting the following NEW reason after 16 and renumber the remaining principal reasons.

17. Roof Surfaces The Ahuriri Estuary acts as a receiving environment for stormwater runoff from adjacent industrial, commercial and airport activities. Increased development, including stormwater runoff from roofs that are not constructed of inert materials can threaten the sensitive ecology and aquatic life of the Estuary. The rule provides a mechanism to reduce the level of contaminants that may enter the Estuary from industrial, commercial and airport activities.


Notified Plan Change 10 317 Heritage

HERITAGE CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout.

Chapter 56 HERITAGE Add new Policy under Objective 56.2. 56.2.9 To facilitate and encourage alterations to heritage items to improve structural

performance, fire safety and physical access while minimising the significant loss of associated heritage values

Add to the Principal Reasons for Adopting Objective and Policies. The District Plan seeks to encourage alterations to improve structural performance (earthquake strengthening), fire safety and physical access whilst minimising significant loss of heritage values. This work will enable the buildings to continue to be used in a safe and economical manner, as well as assist in retaining the heritage fabric of the City. The aim is to ensure, where possible, that regulation is not a barrier to upgrading buildings and that demolition is not the only option left for owners. Specific rules are provided for safety-related alterations as distinct from general amenity-related alterations and repairs and maintenance. These provisions will also enhance integration between the RMA and the Council’s Earthquake-Prone Buildings Policy prepared under the Building Act 2004. Add new Policy 56.3.3 under Objective 56.3 56.3.3 To maintain and enhance where appropriate the character of the Hardinge Road, Battery

Road, Iron Pot and Coronation Street character areas identified in the Port Ahuriri Heritage Study (Refer to Appendix 13A for maps of character areas).

Insert new 5th paragraph to Principal Reasons for Adopting Objectives and Policies after Policies 56.3.1 – 56.3.3 The Port Ahuriri Heritage Study identifies a number of precincts of distinctive character and states that those features which are critical to that character should be preserved and protected. The Ahuriri Advocacy Area identified on the planning maps comprise four specific character areas; Iron Pot, Hardinge Road, Battery Road and Coronation Street. The heritage study identified these four areas as being of distinctive character. While individually all buildings in the character areas may not warrant protection as heritage items, and they do not all share common features, the Council wishes to recognise those features which contribute to the overall character of Ahuriri and the linkages to the past. Buildings which are considered to contribute to the essential character of the area are originally in the Port Ahuriri Heritage Study and these are now shown on the maps in Appendix 13A. Add to 56.6 - INTRODUCTION TO RULES after 4.

5. Port Ahuriri Heritage Study by Jeremy Salmond – Ahuriri Advocacy Area / Character Areas

Add new Group 3A heritage category.

Group 3A Identifies buildings which contribute as a group, or by a recognised style, to the character of Ahuriri. The Council will encourage the protection of this character. It includes:



i) Buildings within the Ahuriri Advocacy Areas ( Iron Pot, Hardinge Road, Battery Road and Coronation Street Character Areas) shown on the planning maps and in Appendix 13A.

Amend the Summary of Rules for Heritage and DISTRICT WIDE HERITAGE ZONE – ACTIVITY TABLE, and any consequential re-numbering changes 56.7 Summary of Rules for Heritage


Rule 56.8 Repair and maintenance of a Group 1 or Group 2 a heritage item. Permitted 9X Rule 56.9 Alteration, safety alteration, addition and/or demolition of a Group 3 heritage

item (does not include Group 3A heritage items). Permitted X

Rule 56.10 Internal alteration and internal safety alteration of a Group 2 heritage item. Permitted X

Rule 56.11 Internal or external alteration or redevelopment of a Group 3A heritage item. Permitted X Rule 56.12 External safety alteration to any Group 2 heritage item necessary for the

primary purpose of improving structural performance, fire safety or physical access.

Controlled X

Rule 52.123 Any permitted activity or controlled activity…… Restricted Discretionary

X

Rule 56.14 Internal or external safety alteration of any Group 1 heritage item necessary for the primary purpose of improving structural performance, fire safety or physical access.


X

Rule 56.135 External alterations (excluding safety alterations) and/or additions to a Group 2 heritage item.


X

Rule 56.146 Any subdivision, disturbance … Restricted Discretionary

X

Rule 56.157(a)

Internal and/or external alterations (excluding safety alterations), relocation and/or demolition of a Group 1 heritage item.

Discretionary X

Rule 56.157 (b)

…

Rule 56.17(c)

Demolition, excluding partial demolition or relocation of a Group 3A heritage item.

Discretionary X

Amend District Wide Heritage Zone Activity Table


56.8 Repair and Maintenance of Group 1 and Group 2 a Heritage Items

1. The repair and maintenance of any Group 1 or Group 2 heritage

item is a permitted activity provided that: …

…

56.9 Alteration and Safety Alteration of, and Addition to, or Demotion of Group 3 Heritage Items

1. The alteration or safety alteration of, addition to, and/or

demolition of any Group 3 heritage item is a permitted activity provided that:

a) The alteration or safety alteration, addition and/or

demolition works comply in all respects with the relevant conditions of the respective zone’s activity table and condition table.

The Council will restrict its discretion to the matters in Rule 56.13

56.10 Internal Alterations, and Internal Safety Alterations to Group 2 Heritage Items

1. The internal alteration, or internal safety alteration of any

The Council will restrict its discretion to the matters in Rule 56.13



Group 2 Heritage Item is a permitted activity provided that:

a) The internal alteration, or internal safety alteration complies in all respects with the relevant conditions of the respective zone’s activity table and condition table.

56.11 Internal or external alteration or redevelopment of a Group 3A heritage item.

1. The internal or external alteration of a Group 3A Heritage Item is

a permitted activity provided that:

a) The internal or external alteration or redevelopment complies in all respects with the relevant conditions of the respective zone’s activity table and condition table.

Alteration: For the purpose of this rule, alteration means; Any change to, alteration to, or partial demolition of, any building, structure or site. In relation to a building or structure, it does not include general maintenance where that maintenance involves replacement with materials that are the same as the original materials of the building. Alteration does not include safety alteration works, which has a separate meaning in this Plan.

The Council will restrict its discretion to the matters in Rule 56.13.

CONTROLLED ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities

56.12 External Safety Alterations to Group 2 Heritage Items

1. External safety alteration to any Group 2 heritage item necessary for the primary purpose of improving structural performance, fire safety or physical access.

Note: A structural engineering assessment, by a chartered professional engineer, needs to be supplied to Council with the application. Where this is not supplied, work will be assessed as an ‘alteration’ as it fails to meet the definition of safety alteration.

RESTRICTED DISCRETIONARY ACTIVITIES Matters the Council will restrict its discretion to for restricted discretionary activities

Rule 52.123 Land Uses Not Complying With Conditions …

…

56.14 Internal or External Safety Alterations to Group 1 Heritage Items

1. Internal or external safety alteration of any Group 1 heritage

item necessary for the primary purpose of improving structural performance, fire safety or physical access.

The Council will have regard to the relevant objectives and policies of the Plan and will restrict its discretion to: - The matters set out in Chapter 1.6.5. - The assessment criteria in Chapter 56.17 of the

Plan, where applicable.

56.135 External Alterations and/or additions to Group 2 Heritage Items

1. The external alteration (excluding safety alterations) and/or

addition to any Group 2 Heritage item is a restricted discretionary activity.

…

56.136 Group 4 Heritage Items …

…


56.1517 Discretionary Activities 1. The following land uses are discretionary activities. A

resource consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the relevant assessment criteria elsewhere in this Plan. The Council’s discretion is unrestricted.

a) The internal and/or external alteration (excluding safety



alterations), relocation and/or demolition of any Group 1 heritage item.

b) … c) The demolition, excluding partial demolition, or

relocation of a Group 3A heritage item.

DISTRICT WIDE HERITAGE ZONE – ACTIVITY TABLE Amend the Assessment Criteria for Heritage, and any consequential re-numbering changes 56.17 ASSESSMENT CRITERIA 1. General

…

Insert new 2. 2. Safety Alterations

a) The contribution of the heritage item to the history or heritage value of the site or to the

City; b) The extent to which the proposed work will change the appearance of the building and

whether the work enables compatible, original and new adaptive uses; c) Whether the building has been subject to a detailed structural engineering assessment,

by a chartered professional engineer. This should be supplied to Council with the application. Where this is not supplied, work will be assessed as an alteration as it fails to meet the definition of safety alterations;

d) The extent to which the works proposed involve the least possible loss of material or heritage value, including any irreversible or cumulative effects;

e) Whether the removal of key historic or architectural elements is required, and whether it is proposed that records be kept (such as photographs, written history, drawings and so on) of the item(s) removed;

f) Whether the significance of the item to the City’s heritage is such that it is necessary for a heritage assessment and/or conservation plan to be completed prior to work being carried out;

g) The extent to which significant original interior finishes will be retained; h) The extent to which visible seismic bracing detracts from the architectural or historical

features of the building; i) Whether a conservation plan prepared by a suitably qualified heritage professional has

been prepared to inform the work being undertaken (where appropriate); and j) Whether the site has been identified as a potential Archaeological site, and whether it

is necessary to undertake an archaeological assessment due to the nature of the proposed work.

2.3 External Alterations and/or Additions to a Group 2 Heritage Item … 3.4 Alteration, Addition, Relocation and/or Demolition of a Group 1 Heritage Item;

Demolition of a Group 2 Heritage Item; Demolition of a Group 3A Heritage Item; Any Disturbance of Land Within a Group 4 Heritage Item.

… Add a new definition under Chapter 68 DEFINITIONS Safety Alteration means works undertaken on a heritage item necessary for the primary purpose of improving structural performance, fire safety or physical access. Improving structural



performance involves earthquake strengthening work. This work shall be identified by a chartered professional engineer who has knowledge of the structural characteristics and earthquake performance of the type of building being assessed. To avoid doubt, earthquake strengthening means improving the structural performance of a heritage building by modifying, or adding to, the structure of a building. This work may be required to enhance the structural capacity of the building and may include but is not limited to:

Safely carry self and imposed gravity loads Withstand probable wind loads without unacceptable damage Withstand probable earthquake loads without unacceptable damage Withstand other damaging effects that have been identified for a particular building.

Amend Definition of ‘Alteration’

Alteration means any change to, addition to, or partial demolition of, any HERITAGE ITEM, BUILDING and/or STRUCTURE. In relation to a BUILDING or STRUCTURE, it does not include general MAINTENANCE where that MAINTENANCE involves replacement with materials that are the same as the original materials of the BUILDING. Alteration does not include SAFETY ALTERATION works which has a separate meaning in this Plan.

Add new Heritage Item to Appendix 13 Ref No

NZHPT Reg No

NZHPT Category

Name Address Legal Description Heritage Group

Map Ref.

186 2794 ii Borough Council Chambers (Former)

29 Herschell Street Tn Sec 548 Napier, Pt Tn Sec 549 Napier, Lot

1 DP 3816,

2 G8

Insert NEW Appendix 13A Maps – Ahuriri Advocacy Areas


Notified Plan Change 10 326 Temporary Activities

TEMPORARY ACTIVITY CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



Chapter 54 TEMPORARY ACTIVITIES Amend Rule 54.5 2. Any temporary activity for such purposes as carnivals, circuses, exhibitions, festivals, filming, meetings, parades,

concerts, musicals, theatrical festivals/entertainment, recycling depots, sporting events, and similar purposes, including commercial activities ancillary to the activity, is a permitted activity, unless otherwise provided for, provided that:

a) The number of temporary activities that may occur on any one site in a calendar year must not exceed 5*;

b) Occupation of the site for the erection and removal of all structures and land uses associated with the temporary activity must not exceed 5 days additional to the duration of the temporary activity;

c) The duration of the temporary activity (including onsite accommodation) must not exceed a period of:

i) 24 hours for concerts, musicals, theatrical festivals/entertainment; ii) 5 days for a sporting event; and iii) 3* days for all other temporary activities included in this rule

d) All associated buildings and structures must comply with the yards and height in relation to boundary

conditions in the respective zone’s condition table;

e) Any amplified sound equipment must not be operated during the following hours: Sunday to Thursday inclusive 2200 hours to 1000 hours (the following day) Fridays and Saturdays 2400 hours to 1000 hours (the following day) Except that on 1st January of any calendar year, this is extended from 0100 hours.

f) Any sound checks that include testing and balancing of sound systems, sound equipment and vocal

checks by performers must not: ii) Exceed a cumulative period of 6 hours. iii) Commence before 0900 hours on any day and shall be completed by 1900 hours on any day of

the temporary activity.

g) Amplified sound equipment operated outside of the hours specified in (e) above, must not exceed 90 dB LAeq (15 min) at any point beyond the site boundary.

h) When an activity requires access from a State Highway ……

i) *Exception – Up to 18 Temporary Activities included in this rule shall be permitted per calendar year, per site, in the Foreshore Reserve Zone, the Marine Parade Recreation Zone, and Anderson Park.

j) *Exception - The maximum duration of activities defined in 1(c)(iii) above, in the Foreshore Reserve Zone,

the Marine Parade Recreation Zone, and Anderson Park, shall be 15 consecutive days. NOTE: This rule shall not apply to sporting events within the Sports Park Zone.

Delete Rule 54.6 and replace with new Rule 54.6



54.6 Concerts, Musical and Theatrical Festivals/Entertainment 1. Any temporary activity for such purposes as concerts, musical and/or

theatrical festivals/entertainment and similar purposes, including commercial activities ancillary to the activity, is a permitted activity provided that:

a) The number of temporary activities that may occur on any one site in

a calendar year must not exceed 5. b) Occupation of the site for the erection and removal of all structures

and land uses associated with the event must not exceed 12 days in total.

c) The duration of the event (including onsite accommodation) must not

exceed a period of 24 hours. d) All associated buildings and structures must comply with the yards

and height in relation to boundary conditions in the respective zone’s condition table.

e) Any associated amplified entertainment must not operate during the

following hours: Sunday to Thursday inclusive 2230 hours to 1000 hours (the following day). Fridays and Saturdays 2400 hours to 1000 hours (the

following day). Except that on 1st January of any calendar year, this is extended from 0100 hours.

f) Any sound checks that include testing and balancing of all sound systems, sound equipment and vocal checks by performers must not: i) Exceed a cumulative period of 6 hours. ii) Commence before 0900 hours on any day and shall be completed

by 1900 hours on the day of the temporary activity. g) Any noise arising from the temporary activity must not exceed a limit

of 90 dBA L10 at any point beyond the site boundary. h) When an activity requires access from a State Highway the activity

must comply with the Traffic Access Sight Lines diagram in Appendix 21 and all parking must be provided onsite.

NOTE: There is no onsite parking requirements in respect of

temporary activities where access is from roads other than a State Highway.

54.6 Sporting events at McLean Park 1. Any sporting event, including commercial activities ancillary to the activity,

is a permitted activity provided that:

a) All associated buildings and structures must comply with the yards

and height in relation to boundary conditions in the Sports Park Zone’s condition table;

b) Any amplified sound equipment must not be operated during the

following hours:

Sunday to Thursday inclusive 2200 hours to 1000 hours (the following day)

Friday and Saturdays 2400 hours to 1000 hours

The Council will restrict its discretion to the matters in Rule 54.10 including the following: - The effects of traffic on the surrounding

area. - The effects on parking in the surrounding

areas. - The extent to which buildings and structures

can be mitigated by screening or other remedial measures.

- The hours of operation, duration and frequency of the temporary activity.

- The effects (including cumulative effects) on amenity values.

- The effects on infrastructural services. - The effects on heritage values.



(the following day)

c) Amplified sound equipment operated outside of the hours specified in (d) above, must not exceed 90 dB LAeq (15 min) at any point beyond the site boundary.

d) Any sound checks that include testing and balancing of sound

systems, sound equipment and vocal checks must not: i) Exceed a cumulative period of 6 hours.

ii) Commence before 0900 hours on any day and shall be completed by 1900 hours on the day of the temporary activity.

NOTE: There is no restriction on the number or duration of sporting events

at McLean Park. Amend Rule 54.7 as follows: 54.7 Temporary Military Training Exercises 1. Any temporary activity for the purposes of a military training exercise is a

permitted activity provided that:

a) The duration of the training exercise must not exceed a period of 31 days.

b) The training exercise must not require the construction, erection or

placement of any permanent structure. c) The training exercise must not require permanent or mechanical

earthworks, unless stated by a rule elsewhere in this Plan. d) All military training exercises must be conducted so as to ensure the

noise limits in the following table are not exceeded at any point within the notional boundary of any residential activity, or education facility:

Time on any day L10 dBA Lmax dBA 0600 hours to 0730 hours 60 75 0730 hours to 1800 hours 75 90 1800 hours to 2000 hours 70 85 2000 hours to 0600 hours 55 75 (the following day)

Provided that:

i) The notional boundary is defined for the purposes of this rule as a

line 20 metres from the facade of any dwelling unit or the site boundary where this is closer to the dwelling unit.

e) Any impulsive noise arising from any use of explosives, ammunition,

or pyrotechnics at any time, must not exceed a peak sound pressure level of 122 dBC.

NOTE: The term “peak sound pressure level” expressed in dBC means the

peak C-frequency weighted sound level and is a non-RMS value and different to Lmax cited elsewhere in this Plan.

f) The noise limits in rule 54.7.1(d) will not apply on not more than two occasions in any 12 month period where any exhibition or demonstration of military activities is open to the public and held between 1000 hours and 1700 hours.

g) When an activity requires access from a State Highway the activity

must comply with the Traffic Access Sight Lines diagram in Appendix 21 and all parking must be provided onsite.

NOTE: There is no onsite parking requirements in respect of

temporary activities where access is from roads other than a

The Council will restrict its discretion to the matters in Rule 54.10 including the following: - The effects on amenity values. - The effects on heritage values. - The duration of the training exercise. - The effects of any permanent structures and

earthworks. - The effects on public health and safety. - The measures to avoid, remedy or mitigate

any adverse effects on the environment. - The sound level likely to be generated. - The nature and frequency of the noise

including any special audible characteristics. - The length of time for which specified noise

levels is exceeded, especially at night.



State Highway. Insert new provisions

1. Noise from temporary military training activities shall not exceed the limits set out in the table below: Noise Standards for Temporary Military Training Activities

Type of military noise source

Noise Control Standards

Time (Monday to Sunday)

Separation distance required to any dwelling, residentially zoned site, or building used for residential, educational or healthcare purposes

1. Live firing of weapons and single or multiple explosive events

0700 to 1900 hours

At least 1500m

Less than 1500m if conditions (a) and (c) below are complied with

1900 to 0700 hours

At least 4500m

Less than 4500m if conditions (b) and (c) below are complied with

2. Firing of blank ammunition

0700 to 1900 hours

At least 750m

Less than 750m if conditions (a) and (c) below are complied with

1900 to 0700 hours

At least 2250m

Less than 2250m if conditions (b) and (c) below are complied with

Conditions to be complied with if minimum separation distances for sources (1) and (2) cannot be met: (b) Daytime sound levels do not exceed a

peak sound pressure level of 120 dBC when measured at or within the 20 metre notional boundary of any dwelling, residentially zoned site, building used for residential, educational or health care purposes.



(c) Night time sound levels do not exceed

a peak sound pressure level of 90 dBC when measured at or within the 20 metre notional boundary of any dwelling, residentially zoned site, building used for residential, educational or health care purposes.

(d) The activity is undertaken in accordance with a Noise Management Plan prepared by a suitably qualified expert and approved by Council at least 15 working days prior to the activity taking place. The Noise Management Plan shall, as a minimum, contain: A description of the site and activity

including times, dates, and nature and location of the proposed training activities.

Methods to minimize the noise disturbance at noise sensitive receiver sites such as selection of location, orientation, timing of noisy activities to limit noise received at sensitive receiver sites.

A map showing potentially affected noise sensitive sites and predicted peak sound pressure levels for each of these locations.

A programme for notification and communication with the occupiers of affected noise sensitive sites prior to the activities commencing, including updates during the event.

A method for following up any complaints received during or after the event, and any proposed de-briefing meetings with Council.

3. Mobile noise sources, excluding sources (1) and (2)

Compliance with the noise limits set out in Tables 2 and 3 of NZS6803:1999 Acoustics – Construction Noise, with reference to ‘construction noise’ taken to refer to other, mobile sources.

Note: mobile noise sources (other than firing of weapons) include sources such as personnel, light and heavy vehicles, self-propelled equipment, earthmoving equipment.

4. Fixed (stationary) noise sources, excluding sources (1) and (2)

Time (Monday to Sunday)

Noise level at the 20 metre notional boundary of any dwelling, residentially zoned site, or building used for



residential, educational or healthcare purposes

0700 to 1900 hours

55 dB LAeq (min)

1900 to 2200 hours

50 dB LAeq (15 min)

2200 to 1700 hours the next day

45 dB LAeq (15 min)

Note: fixed (stationary) noise sources (other than firing of weapons and explosives) include noise sources such as power generation, heating, ventilation or air conditioning systems, or water or wastewater pumping/treatment systems.

Insert a new definition as follows:

Temporary Military Training means a temporary military activity undertaken for defence purposes. The term, ‘defence purposes’ is as defined in the Defence Act 1990.


Notified Plan Change 10 332 Contaminated Sites

CONTAMINATED SITES CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



Chapter 64 CONTAMINATED SITES 64.1 RESOURCE MANAGEMENT ISSUES

The following resource management issues have been identified as significant within Napier City in respect of contaminated sites.

64.1.1 The use or development of contaminated sites can pose a risk to human health and safety. Due to past management practices or accidental spills, land used for industrial and commercial purposes can become contaminated with toxic material. Once land becomes contaminated, it can present a risk to human health for many decades as a large number of toxic chemical compounds bind with the soil particles and do not break down, decompose over time, or are not leached away by rain water. In conjunction with the Hawke's Bay Regional Council, the Napier City Council has prepared an inventory of sites within the City boundaries where the storage and use of hazardous substances may have occurred. The inventory is based upon historical land use practices or activities that had the potential to contaminate land due to the type of materials used. There are around 450 such sites within Napier City. The majority of these occur in the industrial areas of the City However a number have been identified in other areas of the City.

64.1.2 The actual degree of contamination must be assessed prior to sites being developed for more sensitive land uses where there would be an increased risk of human exposure to any contaminated material. The degree of contamination can only be determined through the physical removal and testing of soil and groundwater samples from the site in question. Where a site is to be developed or its use changed to a more sensitive one that would increase the risk of human exposure to contaminated soil or groundwater, it is important that the owner is aware of the history of the site i.e. the type of land uses that were established.

64.1.3 Sites that are known to be contaminated need to be remedied to a standard appropriate for their future intended use. Within Napier City (excluding the Ahuriri Section) there is one known contaminated site,



being the former Gasworks Site in Wellesley Road. It should be noted that while this is currently the only known contaminated site, there is a potential that other sites may still be contaminated including former gasworks, landfills, timber treatment plants and petroleum storage sites. If a site is contaminated, it can either be remedied to a standard appropriate for its future intended use, or the risk of human exposure can be avoided by sealing the site with clay or concrete (as examples). Contaminants moving off site can increase the area of contamination and therefore the area of potential risk. Ideally if a site is contaminated any remediation should seek in the first instance to ensure that contamination remain on site. Where there is a need for soil to be removed from a site this must be disposed of in an appropriate facility that deals with hazardous waste. The Hawke's Bay Regional Council is responsible for the effects arising from the dispersal of contaminants from a contaminated site through its discharge functions.

OBJECTIVES, POLICIES AND METHODS Objective 64.2 – Avoidance of Risk To avoid risks posed to human health and safety by contaminated sites. This objective relates to Issues 64.1.1, 64.1.2 and 64.1.3. Policies To meet this objective the Council will: 64.2.1 Assess all land use development and subdivision proposals to determine if the site(s) in

question are identified as known contaminated sites. 64.2.2 Ensure that for any known contaminated site, or where hazardous substances may have

been associated with past land uses, that this information is shown on all Property Information Memoranda (PIMs) and Land Information Memoranda (LIMs).

64.2.3 Require an assessment to be made of the actual degree of contamination of any known

contaminated site, should it be proposed that the site will be subdivided, or used in a manner that is likely to increase the risk of human exposure to contamination.

64.2.4 Require remediation of known contaminated sites when significant land use changes or

site development occurs. Site remediation shall be to a standard that is appropriate for the intended end use of the site.

64.2.5 Ensure land uses on known contaminated sites do not have the ability to remobilise

contaminants on a site and result in contaminants moving off the site, unless they are disposed of in an appropriate facility that deals with hazardous waste.

Principal Reasons for Adopting Objective and Policies Contaminated sites have the potential to be harmful to human health, safety and wellbeing. It is necessary for the actual risk posed by a contaminated site to be assessed where land use changes or site development occurs. The cost of any necessary site investigations and remediation should be borne by the developer. The containment of contamination is also an important part of managing contaminated sites. It is imperative that there is no further risk of contaminating other parts of the City. Where there is a need for contaminants to be removed from a site this must be disposed of in an appropriate facility that deals with hazardous waste. It is not appropriate to list final remediation standards in the Plan as these will be specific to the intended end



use and will vary over time as Central Government continues to develop national policy and standards on contaminated sites. The review of any assessment of a site will be undertaken by Napier City. Reference will be made to relevant national guidelines and standards in existence as at the public notification date of this Plan (11th November 2000) including: Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites,

ANZECC, 1992.

Health and Environmental Guidelines for Selected Timber Treatment Chemicals, Ministry for the Environment and Ministry of Health, 1997.

Guidelines for Assessing and Managing Contaminated Gasworks Sites in New Zealand, Ministry for the Environment, 1997.

Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Draft for Consultation, Ministry for the Environment, 1997.

Methods

(1) District Plan Rules for known contaminated sites in Rule 64.5. (2) Issuing of PIMs and LIMs to indicate known sites and where historically, land use

was associated with the use of hazardous substances. (3) Provision of information, education, and advocacy, including liaison with Healthcare

Hawke's Bay and Hawke's Bay Regional Council. (4) Use of Industry Codes of Practice and National Guidelines.

Reasons for Methods Method 1 recognises that in order to avoid risk to human health and well-being from contaminated sites, the effects of contaminated sites need to be carefully managed through the resource consent process. By investigating the potential of contamination, appropriate remedial works can be required. Sites will be added to Rule 64.5 through the Plan Change process, as information comes available identifying that a site is contaminated in a manner, whereby its normal use could pose a hazard to people and the environment. Provision of advice through PIMs and LIMs issued by the Council will ensure that landowners potential landowners, and developers are aware of the contamination of the site. Developers and landowners can then take necessary actions to remedy the site if use of the site is likely to increase the risk to human health and wellbeing. The Council also wishes to ensure that the public has information on the historical background of sites where the use of hazardous substances was likely to have occurred. Known contaminated sites are identified in the Plan in rule 64.5. In assessing the actual and potential contamination of sites throughout the City, the Council will seek advice from organisations involved in managing contaminated sites. The Hawke's Bay Regional Council and the Hawke’s Bay District Health Board are primary sources of advice and information in respect of contaminated sites. Increasing awareness of the issue of contaminated sites will be achieved through a mix of education, provision of information and advocating safe practices.


(1) A public awareness of the risk to human health and wellbeing from contaminated sites and remediation of the sites to an appropriate level.

RULES

All rules apply throughout the City and are in addition to the specific zone rules and district wide rules unless otherwise stated.

64.4 Summary of Rules for Contaminated Sites The following is a quick reference guide that summarises the Contaminated Sites Activity



Table. It is intended as a guide only and should not be used in place of the Contaminated Sites Activity Table elsewhere in this chapter.


Rule 64.5 Existing Land Uses and new Ancillary Land Uses Permitted 5

Rule 64.6 Any remediation activity on an identified contaminated site. Controlled 5

Rule 64.7 Any activity referred to in rules 64.5 and 64.6 that does not comply with all the relevant conditions, unless stated elsewhere in this Plan.


6

Rule 64.8 Any new land use on an identified contaminated site. Restricted Discretionary

6

DISTRICT WIDE CONTAMINATED SITES - ACTIVITY TABLE PERMITTED ACTIVITIES Matters the Council will restrict its discretion to

for restricted discretionary activities. 64.5 Existing Land Uses and new Ancillary Land Uses 1. Any land use in existence as at 11th November 2000 on any of the

contaminated sites identified in the following table is a permitted activity provided that it meets all relevant provisions of Section 10 of the Resource Management Act 1991.

2. Any new land use ancillary to the primary use of the site on any of

the contaminated sites identified in the following table is a permitted activity provided that it complies in all respects with the relevant conditions for the respective zone elsewhere in this Plan and does not risk endangering human health and safety.

Site Description Street Address Legal Description

Former Gasworks

Site

156 Wellesley Road Pt Town Sections 314,

315 and 569.




64.6 Site Remediation 1. Any remediation activity on a contaminated site identified in Rule

64.5 of this Chapter is a controlled activity provided that it complies with the following standards and terms: a) A written assessment by a suitably qualified environmental

engineer of the extent to which the site is contaminated must be submitted to the Council.

b) The assessment must indicate the measures to be used to

decontaminate and restore the site and must demonstrate that the site is not likely to increase the risk of human exposure to contamination.

c) The “Australia and New Zealand Guidelines for Assessment of

Contaminated Sites 1992” must be complied with. The Council shall exercise its control over the following:

d) The extent to which the site is contaminated. e) Whether the methodology to remedy the contaminated site

complies with the standards specified in the following documents, according to a particular site:-

The Council will restrict its discretion to the matters referred to in Rule 64.7, including the following: - The effects of contamination on the health and

wellbeing of people. - The effects of contamination on soil quality. - The effects of contamination on surface and

groundwater quality. - The provision of an assessment of the extent to

which the site is contaminated. - The provision of an assessment indicating

measures to avoid, remedy or mitigate the adverse effects of the contamination.



i) Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, ANZECC, 1992.

ii) Health and Environmental Guidelines for Selected Timber Treatment Chemicals, Ministry for the Environment and Ministry of Health, 1997.

iii) Guidelines for Assessing and Managing Contaminated Gasworks Sites in New Zealand, Ministry for the Environment, 1997.

iv) Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Draft for Consultation, Ministry for the Environment, 1997.

2. Applications for resource consent will not be publicly notified in

respect of site remediation works that fully comply with the standards and terms, and notice of applications need not be served



64.7 Land Uses Not Complying With Conditions 1. Any activity referred to in rules 64.5 and 64.6 that does not comply

with all of the relevant conditions in the Contaminated Sites activity table is a restricted discretionary activity, unless stated by a rule elsewhere in this Chapter.


Contaminated Site activity table. - The cumulative effect of non-compliance with

more than one condition. - In respect of a controlled activity failing to comply

with all of the relevant conditions, those matters the Council had reserved its control over.

- The matters set out in Chapter 1.6.5.

64.8 New Land Uses 1. Any land use not in existence as at 11th November 2000 on a

contaminated site identified in Rule 64.5 of this Chapter is a restricted discretionary activity unless stated by a rule elsewhere in this chapter.

The Council will restrict its discretion to the matters referred to in Rule 64.7, including the following: - The effects of contamination on the health and

wellbeing of people. - The effects of contamination on soil quality. - The effects of contamination on surface and

groundwater quality. - The provision of an assessment of the extent to

which the site is contaminated. - The provision of an assessment indicating

measures to avoid, remedy or mitigate the adverse effects of the contamination.


64.9 Discretionary Activities 1. There are no discretionary activities in respect of contaminated

sites.


64.10 Prohibited Activities 1. There are no prohibited activities in respect of contaminated sites.

64.11 PRINCIPAL REASONS FOR RULES 1. Land Uses Generally

Any existing use of a contaminated site will not be subject to the requirements of this chapter of the Plan unless they significantly change or alter their operations. Such land uses may, however, be subject to other regulatory powers that the Council possesses. Where it is considered that an existing facility is operating at a level of risk that has or



may have a significant adverse effect on the environment, the Council may use its enforcement powers under the Act to ensure that no adverse effect on the environment occurs. Prior to new uses, subdivision or development occurring on identified contaminated sites, developers may be required to take actions to ensure that the site does not pose any increased risk to human health and wellbeing. Generally in such instances, compliance with the Australia and New Zealand Guidelines for Assessment of Contaminated Sites 1992 will be required.

2. Remediation Any decontamination of a particular site will be assessed as a controlled activity so as to ensure that proper and safe measures are being undertaken and that decontamination practices will not lead to further degradation of the site or surrounding environment.

Delete Chapter 64 provisions and replace with a reference to the NES Assessing and Managing Contaminants in Soil to Protect Human Health 64.1 INTRODUCTION The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) came into effect on 1st January 2012. The purpose of the NES is to ensure national consistency in the management of contaminated land. It includes national planning rules that direct the requirements for consent or otherwise for activities on contaminated or potentially contaminated land, and standardised methods for the establishment of numerical standards for contaminants in soils. Reference can be made to the Ministry for the Environment website for a copy of the regulations, a user’s guide, and documents incorporated by reference in these regulations. Referral must also be made to the Ministry for the Environment website for the latest version of the documents incorporated by reference. Land known or likely to be potentially affected by soil contaminants are those sites recorded on a contaminated site register held by the Hawkes Bay Regional Council and Napier City Council and those on the hazardous activities and industries list (HAIL) published by the Ministry for the Environment. OBJECTIVES, POLICIES AND METHODS Objective 64.2 To ensure that there are no significant risks to human health posed by residual soil contaminate levels in land that has a history of land use which may have resulted in contamination.

Policies 64.2.1 Ensure that before any development, redevelopment or change of use on land that has a

history of land use that may have resulted in contamination, associated health risks are appropriately identified and managed.

64.2.2 Any change of land use, development or redevelopment on contaminated land ensures

that any proposed management controls including remediation pathway or receptor controls will ensure the risks to human health are acceptable for the intended land use.

Method



Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2012. Reason for Method These regulations provide a nationally consistent set of planning controls and soil contaminant values, and ensure that land affected by contaminants in the soil is appropriately identified and assessed before it is developed – and if necessary the land is remediated or the contaminants contained to make the land safe for human health. 64.3 ANTICIPATED ENVIRONMENTAL RESULTS

1. A public awareness of the risk to human health from contaminated sites and management of the sites to an appropriate level.

Amend the following reasons for rules by replacing the wording in the CONTAMINATED SITES - REASONS FOR RULES in the following chapters as follows: Chapter 13 Reason for Rule 13.33 Chapter 21 Reason for Rule 21.27 Chapter 32 Reason for Rule 32.27 Chapter 40 Reason for Rule 40.41 Chapter 50 Reason for Rule 50.26 Chapter 51 Reason for Rule 51.23 Chapter 52 Reason for Rule 52.22 Contaminated Sites Conditions on the use and development of contaminated sites are required to avoid adverse effects on people’s health and wellbeing. A precautionary approach has been adopted that identifies actual contaminated sites, and the need to remediate actual contaminated sites to an appropriate standard for their final end use. Controls regarding contaminated sites now fall under The National Environment Standards (NES) for Assessing and Managing Contaminants in Soil to Protect Human Health which came into effect on January 2012. In addition refer to Chapter 64 (Contaminated Sites).


Notified Plan Change 10 339 Tyre Storage

TYRE STORAGE CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District Plan

are represented in BLUE. Changes relating to the Harmonisation of the Hastings District Plan and the Napier District Plan are represented in GREEN. Changes that are related to the harmonising of the Napier District Plan with Ahuriri and Hastings are represented in PURPLE. Changes arising from recent Council policy decisions are represented in ORANGE.

New text is represented in underlined italics and text to be deleted is struckout The tyre storage provisions are shown as changes resulting from Council decisions and

changes to policy, however it should also be recognized that Hastings District Council have also introduced similar provisions in relation to the storage of tyres. The changes proposed are therefore also harmonised with the Hastings District Plan.

Chapter 14 COMMERCIAL ENVIRONMENTS Insert new Policy under Objective 14.2 of Commercial Environments as follows: 14.2.9 Manage the effects of businesses storing tyres by enabling small scale storage ancillary to a

principal activity on a site but restricting large scale storage of tyres. Insert new Principal Reasons for Adopting Objective and Policy under Objective 14.2 to the end of paragraph 6 Principal Reasons for Adopting Objective and Policies Industrial activities within this zone are only appropriate provided their scale does not impact negatively on matters such as amenity and safety. The storage of tyres has specifically been managed to reduce the risk of fire hazard and vermin issues, and to protect amenity.

Chapter 17 FRINGE COMMERCIAL ZONE - RULES

Add rules to the Summary of Fringe Commercial Zone Rules and any consequential re-numbering as follows:


Rule 17.10(e) Tyre storage activities that do not comply with all the relevant conditions. Discretionary X

Rule 17.10(f) Activities requiring a resource consent from the Regional Council for a discharge to land and/or water.

Discretionary X

Insert new rule to the Fringe Commercial Zone – Activity Table after 17.2 and any consequential re-numbering as follows:



1. Any industrial activity is a permitted activity provided that:




a) It must comply in all respects with the relevant conditions in the Fringe Commercial Zone activity table and condition table.

b) It is not stated by a rule elsewhere as a controlled activity, a restricted discretionary activity, a discretionary activity or a prohibited activity.


a) The activity is ancillary to another activity on the site. b) The tyres must be stored in a single storage area that is

either inside a building or at least 10m from the front boundary of the site.

c) The storage area must not exceed 10m2 and must have a maximum dimension of 4m.

d) Tyres must not be stored above a height of 1.5m. e) Outdoor storage areas must be screened from all public

spaces and adjoining sites. f) The storage area must be locked at all times when the


NOTE: Any storage of tyres activity that does not comply with all of the relevant conditions is a discretionary activity (see Rule 17.11).

Renumber remainder of the Chapter ….



consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 31. The Council’s discretion is unrestricted. a) .... e) Any tyre storage activity that does not comply in all respects

with the relevant conditions. f) Activities requiring a resource consent from the Regional

Council for a discharge to land and/or water.

Chapter 20 ASSESSMENT CRITERIA – RULES (Commercial Environments)

Insert wording into 20.3(3) after the final paragraph as shown:

The Council will have regard to the relevant Objectives and Policies of this Plan and in addition will consider:

Tyre Storage

a) The extent to which the tyres will be screened from residential and open space zoned land and from roads.

b) The layout of the proposed facility including the size and height of storage piles, the distances between piles, and fire breaks proposed.

c) The extent to which the location of the site and the proposed layout, screening and security measures minimize the potential for arson.



d) The mechanisms proposed, by way of a fire management plan, to minimize the risks of fires starting and maximize the chances of fires being extinguished as quickly as possible.

e) The mechanisms proposed for the control of stormwater, such as on-site treatment devices, covering storage areas, and the use of impervious surfaces, and the extent to which these will avoid adverse effects on the Council’s reticulated network and on the receiving environment.

f) The mechanisms proposed for the control of vermin and insects. g) The extent to which the site is of adequate size to accommodate the proposed tyre storage

together with the proposed stormwater management regime, fire fighting facilities, car parking and landscape treatments.

h) The extent to which alternative sites or locations have been considered. i) The duration for which it is proposed the tyres will be stored on the site, and the duration for

which the activity is to be undertaken. j) The mechanisms proposed to ensure that all tyres will be removed from the site when the

activity ceases – for example the provision of a bond to Council. k) Whether the tyre storage involves new tyres or end-of-life tyres (including shredded or chipped

end-of-life tyre products).

Chapter 21 PRINCIPAL REASONS FOR RULES (Commercial Environments)

Insert paragraph into 21.2 Land Uses Generally between paragraph 1 and 2

Tyre storage specifically has the potential to generate significant effects in relation to amenity, fire hazard, vermin issues, and contamination of soil and water. The District Plan allows for this activity where the scale is appropriate and where it is ancillary to another activity on the site, and manages potential effects of low probability that have high potential impact.

Chapter 22 INDUSTRIAL ENVIRONMENTS Insert new Policy 22.3.9 under Objective 22.3 22.3.9 Manage the effects of businesses storing tyres by enabling small scale storage ancillary to a principal activity on a site but restricting large scale storage of tyres.

Insert new Principal Reasons for Adopting Objective and Policy under Objective 22.3 between the first and second paragraph


Industrial activities that require the storage of tyres must be allowed to do so, provided the scale and environment in which they are stored do not create issues relating to fire hazard, vermin, and amenity. Where tyre storage is not ancillary to another activity on the site, the District Plan manages those potential effects of low probability that have a high potential impact.

Chapter 23 MAIN INDUSTRIAL ZONE - RULES



Add rule to the Summary of Main Industrial Zone Rules and any consequential re-numbering as follows:


Rule 23.9(b) Tyre storage activities that do not comply with all the relevant conditions. Discretionary X

Add rule to the Main Industrial Zone – Activity Table and any consequential re-numbering as follows:



1. Any industrial activity is a permitted activity provided that: a) .... b) ....




c) The storage area must not exceed 10m2 and must be have a maximum dimension of 4m;




The Council will restrict its discretion to the matters referred to in Rule 23.8. NOTE: Any storage of tyres activity that does not comply with all of the relevant conditions is a discretionary activity (see Rule 23.9).



consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 31. The Council’s discretion is unrestricted. a) .... b) Any tyre storage activity that does not comply in all respects

with the relevant conditions.

Chapter 24 SUBURBAN INDUSTRIAL ZONE - RULES

Add rule to the Summary of Suburban Industrial Zone Rules and any consequential re-numbering as follows:





Add rule to the Suburban Industrial Zone – Activity Table and any consequential re-numbering as follows:





a) The activity is ancillary to another activity on the site b) The tyres must be stored in a single storage area that is

either inside a building or at least 10m from the front boundary of the site

c) The storage area must not exceed 10m2 and must have a maximum dimension of 4m

d) Tyres must not be stored above a height of 1.5m e) Outdoor storage areas must be screened from all public

spaces and adjoining sites f) The storage area must be locked at all times when the

premises is not in use

The Council will restrict its discretion to the matters referred to in Rule 24.8. NOTE: Any storage of tyres activity that does not

comply with all of the relevant conditions is a discretionary activity (see Rule 24.9).



consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 31. The Council’s discretion is unrestricted. a) .... b) Any tyre storage activity that does not comply in all respects


Chapter 50A MIXED USE ZONE - RULES Add rule to the Summary of Mixed Use Zone Rules and any consequential re-numbering as follows:


Rule 50A.17(i) Tyre storage activities that do not comply with all the relevant conditions. Discretionary X

Add rule to the Mixed Use Zone – Activity Table and any consequential re-numbering as follows:


50A.3 Industrial Activities



The Council will restrict its discretion to the matters referred to in Rule 50A.16. NOTE: Any storage of tyres activity that does not

comply with all of the relevant conditions is









a discretionary activity (see Rule 25.17).



consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 31. The Council’s discretion is unrestricted. a) .... i) Any tyre storage activity that does not comply in all respects


Chapter 26 WEST QUAY WATERFRONT ZONE - RULES Add rule to the Summary of West Quay Waterfront Zone Rules and any consequential re-numbering as follows:


Rule 26.16(i) Tyre storage activities that do not comply with all the relevant conditions. Discretionary X

Add rule to the West Quay Waterfront Zone – Activity Table and any consequential re-numbering as follows:


















a) .... i) Any tyre storage activity that does not comply in all respects


Chapter 27 BUSINESS PARK ZONE - RULES Add rule to the Summary of Business Park Zone Rules and any consequential re-numbering as follows:



Add rule to the Business Park Zone – Activity Table and any consequential re-numbering as follows:




2) Any storage of tyres is a permitted activity provided that:






premises is not in use






a) .... b) Any tyre storage activity that does not comply in all respects




Chapter 28 PORT INDUSTRIAL ZONE - RULES Add rule to the Summary of Port Industrial Zone Rules and any consequential re-numbering as follows:


Rule 28.10(e) Tyre storage activities that do not comply with all the relevant conditions. Discretionary X

Add rule to the Port Industrial Zone – Activity Table and any consequential re-numbering as follows:



1. Any industrial activity is a permitted activity provided that: a) .....













a)....

e) Any tyre storage activity that does not comply in all respects with the relevant conditions.

Chapter 30 WASTEWATER TREATMENT ZONE - RULES Add rule to the Summary of Wastewater Treatment Zone Rules and any consequential re-numbering as follows:





Add rule to the Wastewater Treatment Zone – Activity Table and any consequential re-numbering as follows:



1. Any industrial activity is a permitted activity provided that: a) .....













a)....

b) Any tyre storage activity that does not comply in all respects with the relevant conditions.

Chapter 31 ASSESSMENT CRITERIA (Industrial Environments)

Insert new section into 31.3 between 31.3(2) and 31.3(3) Assessment Criteria for Particular Land Uses and any consequential re-numbering

2. Tyre Storage

a) The extent to which the tyres will be screened from residential and open space zoned land and from roads.

b) The layout of the proposed facility including the size and height of storage piles, the distances between piles, and fire breaks proposed.

c) The extent to which the location of the site and the proposed layout, screening and security measures minimize the potential for arson.

d) The mechanisms proposed, by way of a fire management plan, to minimize the risks of fires starting and maximize the chances of fires being extinguished as quickly as possible.



e) The mechanisms proposed for the control of stormwater, such as on-site treatment devices, covering storage areas, and the use of impervious surfaces, and the extent to which these will avoid adverse effects on the Council’s reticulated network and on the receiving environment.

f) The mechanisms proposed for the control of vermin and insects. g) The extent to which the site is of adequate size to accommodate the proposed tyre storage

together with the proposed stormwater management regime, fire fighting facilities, car parking and landscape treatments.

h) The extent to which alternative sites or locations have been considered. i) The duration for which it is proposed the tyres will be stored on the site, and the duration for

which the activity is to be undertaken. j) The mechanisms proposed to ensure that all tyres will be removed from the site when the

activity ceases – for example the provision of a bond to Council. k) Whether the tyre storage involves new tyres or end-of-life tyres (including shredded or chipped

end-of-life tyre products).

Chapter 32 PRINCIPAL REASONS FOR RULES (Industrial Environments)

Insert paragraph into 32.2 Land Uses Generally between paragraph 1 and 2

Despite locating within Industrial Environments, tyre storage specifically has the potential to generate significant effects in relation to amenity, fire hazard, vermin issues, and contamination of soil and water. The District Plan allows for this activity where the scale is appropriate and where it is ancillary to another activity on the site.

The District Plan recognizes that the storage of new tyres, and of those ancillary to another activity on the site is appropriate where this is done well, but restricts the storage of end-of-life tyre and tyre products due to the significant impacts this activity may have on the environment.

Section 3

INCORPORATING RECENT COUNCIL

POLICY CHANGES AND DECISIONS

ITEM Page Number

Realigning 100% Parking Exemption Area……………………………………......... 341

Temporary Signage for Roadside Stalls………………………………………………

351

Open Space - Sports Park Rezoning to implement Park Island Master Plan;…

and Rezoning Western Hills and Park Island Cemeteries from Sports Park

Zone to a Reserve Zone (Refer to Planning Maps in Section 4)

353

Updating Code of Practice for Subdivision and Land Development……………

357

Miscellaneous Consequential Changes………………………………………………

375


Notified Plan Change 10 349 Parking Exemption Area Map

EXISTING INNER CITY 100% PARKING EXEMPTION AREA

CHANGES INDICATED IN COLOUR – REFER TO LEGEND


Notified Plan Change 10 350 Parking Exemption Area Map

PROPOSED 100% PARKING EXEMPTION AREA BOUNDARY


Notified Plan Change 10 351 Temporary Signage for Roadside Stalls

TEMPORARY SIGNAGE FOR ROADSIDE STALLS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District



CHAPTER 58 Add the following policy under Policy 58.4.1

58.4.2 Discourage signage that advertises goods and services not directly related to the primary use of the site on which the sign is located, except for legitimately established roadside stalls.

Add the following paragraph at the end of Principal Reasons for Adopting Objective and Policies which follows Objective 58.4 and Policies 58.4.1 and 58.4.2

Signage that advertises goods and services in another location often results in visual clutter and a traffic hazard, particularly if these signs are of a ‘billboard nature’ where what is being advertised changes frequently. The acknowledged exception is roadside stalls in some Rural Zones where it is deemed that subject to strict controls, the benefit of promoting productive uses outweighs potential for decreased amenity and traffic hazards.

Add to new rule to 58.6 Summary of Rules for Signs table


Rule 58.23(a) Any sign that does not directly relate to the site it is located on (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).

Non-Complying x

Amend and add rules to the District Wide Signs – Activity Table



58.13 Temporary Signs

1.... ..

e) Roadside stalls i) Each legitimately established roadside stall located in either the

Main Rural Zone or Rural Residential Zone may erect a temporary sign. This temporary sign shall comply with the following conditions:

The sign need not be located on the site to which it relates, but shall be located no greater than one kilometre from the roadside stall that it advertises. This temporary sign is exempt from condition 58.24.1 (c) but all other


Notified Plan Change 10 352 Temporary Signage for Roadside Stalls

conditions stated elsewhere in this chapter shall be complied with.

Each roadside stall shall only erect one temporary sign, which shall be displayed for no more than four months in a calendar year.

Signs must not be located on, or over, a road including the road reserve, or land vested as reserve under the Reserves Act 1977.

Written permission shall be obtained from the landowner prior to any temporary sign being attached to the landowners’ fence.


58.22 Discretionary Activities 1....



1. The following are non-complying activities. a) Any sign which is used to advertise any services, goods or

products that are not directly related to the primary use or activities occurring on the site of the sign (excluding temporary signs for legitimately established road side stalls within the Main Rural and Rural Residential zones).

Add or amend conditions to the District Wide Signs – Condition Table



58.24 Sign Location

1.... ..

a) ..... NOTE: failure to comply with this condition results in a Discretionary Activity in accordance with Rule 58.22 (e)

Add new paragraph beneath paragraph 6. Temporary Signs in 58.30 Principal Reasons for Rules - Signs

It is a main goal of the Napier District Plan to protect the productive capacity of the Rural Zones for future generations. As a way of supporting this, temporary signage has been permitted to allow roadside stalls one ‘off-site’ sign. There may be effects from such signs. However, if these are minimized by strict controls, combined with the sign’s temporary seasonal duration these effects are considered to be outweighed by the positive support they provide for rural producers.


Notified Plan Change 10 353 Open Space Environments

OPEN SPACE ENVIRONMENTS CHANGES NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District


New text is represented in underlined italics and text to be deleted is struckout CHAPTER 41

Insert a new policy 41.3.9 41.3.9 Recognise the Park Island Sports Ground as a centre for club sports, and the commercial

and administrative activities required to support them.

Amend Principal Reasons for Adopting Objectives and Policies 41.3 The Open Space environment provides for a range of recreational activities from passive land uses (i.e. picnicking) through to active activities such as kayaking and club and teams sports. Napier has a high ratio of open space to population and the Council intends that this level of amenity be maintained. The Council will identify reserve needs in new subdivisions/land development and utilise financial contributions for appropriate provision and development of reserves. Once established, the Council will ensure that open space zones and sports grounds are used and maintained for the purpose that they were intended. The Master Plan for Park Island is an example of the forward planning that the Council undertakes for the ongoing upgrade of the open space environments within the City.

Insert a new Method

(5) Park Island Master Plan

Add a further paragraph to the Reasons for Methods under Objective 41.3 and Policies 41.3.1 - 41.3.9

Master Plans are akin to Structure Plans and set out the long term goals for the use of a particular area of land. A Master

Plan has been prepared for the Park Island Sports Ground to guide development over the next 20+ year period. Master Plans like Structure Plans indicate the infrastructure and activities that are to be provided for within the life of the plan. The Master Plan provides a measure of flexibility in the precise location and scale of the infrastructure and activities to be built with the Park Island Sports Ground.

Amend section 41.7.8 - Zone Description for Sports Park Zone

As the name implies, this zone recognises the recreational function that sports parks provide for. Included in the Sports Park Zone are such sporting facilities as Park Island, McLean Park, Nelson Park, Tareha Park, and Taradale Park. The necessary building facilities associated with these venues are provided for in this Plan and careful consideration has been given to their potential effects on adjacent residential land uses. In order to meet growth needs and changes arising in the sporting needs of the community, a Master Plan has been drafted for the Park Island Sports Grounds. This will meet those changing needs for the next 20+ years and also provide more efficient use of the existing resources.



CHAPTER 48

Insert a new rule 48.2.1 (e)


48.2 Land Uses Generally 1. The following land uses are permitted provided they comply in all

respects with the relevant conditions in the Sports Park Zone activity table and condition table: …

e) Activities identified on the Park Island Master Plan in Appendix

34 including commercial offices and commercial activities ancillary to sports activities undertaken on the Park


Add a new rule to 48.12 - Floorspace

48.12 Floorspace 1. The following floorspace condition shall apply to all land uses:

a) …

b) The maximum floorspace of buildings identified on the Park Island Master Plan is 1000m2 gross floor area

Matters: - The effects on amenity values. - The effects on landscape values. - The effects on the character of the area.

Amend Planning Maps G4 and H4 to rezone land from Main Residential to Sports Park Insert a new APPENDIX 34 PARK ISLAND MASTER PLAN to Chapter 48 of the City of Napier

District Plan



APPENDIX 34 PARK ISLAND MASTER PLAN

Explanation The Park Island Sports Ground is the focus of many of the sporting codes undertaken within the city. With changing sports requirements including overlapping between sporting codes, and hybrid sports, together with the need to make better and more efficient use of existing sports grounds, the Council has undertaken a master plan for Park Island to ensure that the City's sporting needs are provided for over the next 20+ years. The Park Island Master Plan has been developed by clearly identifying user needs and demands, and considering the potential for better use of the existing sports park land within the city and the ability to extend the boundaries of Park Island. The stakeholder consultation has provided opportunities to gauge what currently makes Park Island successful and to identify where provision for sports and related facilities as well as passive recreation can be improved to deliver greater value to users. It also considers Park Island in its broader context and the relationship and linkages to surrounding areas, particularly Parklands subdivision. Currently, ‘sportsville’ concepts are being developed around the country providing opportunities to develop more sustainable clubs sharing of facilities and services. The ‘sportsville’ concept is the basis of the Park Island Master Plan with reorganisation and development focused around three ‘sports hubs’. Two of these, the Southern Sports Hub and the Central Sports Hub essentially involve reorganisation and some re-development of the current Park Island facilities. The Southern Sports Hub is centered around the existing Hockey Turf facilities and the Football Stadium. The Central Sports Hub incorporates the Marist Rugby Club and adjoining ruby fields and also the Shrimpton Fields. The Northern Sports Hub will be a new development on a ‘greenfields’ site to the north of the Central Hub. The Northern Hub will adjoin the next stages of the Parklands subdivision and the master plan has considered how the interface between the two activities can be successfully achieved. Vehicular access to the Northern Hub will be off Orotu Drive. A network of existing and new pedestrian and cycle paths will provide internal linkages between the sports hubs and also provide new opportunities for informal recreational use of Park Island. The overall aim of the master plan is to build on the considerable success of Park Island, both within Hawkes Bay and nationally, and to realise its potential through a cohesive long term plan that can be implemented in stages. The concept revolves around the sharing of facilities and recognising that the focus of Park Island is on outdoor sport and recreation but that it has the potential to be ‘more than a sports park’ through enhancement of its facilities and infrastructure for passive recreation. The overall concept is based on a series of separate but interrelated ‘sports hubs’, which are linked together by a network of multi- use pedestrian walkways and cycleways. To remain viable a master plan has to be dynamic and have a degree of flexibility because it needs to be able to respond to change as well as guide it.


Park Island Master Plan


Notified Plan Change 10 357 Code of Practice

Code of Practice for Subdivision and Land Development Changes

NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District Plan are represented in BLUE. Changes relating to the Harmonisation of the Hastings District Plan and the Napier District Plan are represented in GREEN. Changes that are related to the harmonising of the Napier District Plan with Ahuriri and Hastings are represented in PURPLE. Changes arising from recent Council policy decisions are represented in ORANGE.

New text is represented in underlined italics and text to be deleted is struckout PART A – Resource Management Requirements 1.1 Definitions Amend “Construction Co-ordinator” means the professional engineer, architect, surveyor or other suitably qualified person …. Add NEW definition for “Hawkes Bay Circuit 2000” after “Developer”

“Hawke’s Bay Circuit 2000” is a national geodetic Datum, as defined by Land Information New Zealand. Also refer LINZS25002: Standard for New Zealand Geodetic Datum 2000 Projections. Also known as HBTM, Hawke’s Bay 2000, HB2K, and EPSG:2108.

Amend “Level Datum” means Hawkes Bay Local Authority Datum 1972 (MSL = 10.000 metres).

Section A4 - Land Development Resource Issues Add to 4.1.5 Managing Increasing or continuing the risks to the community and to the environment from the effects of natural hazards, (such as flooding, subsidence, instability, or coastal erosion), and climate change (sea-level rise, rain bombs, drought etc). Delete in 4.1.6 The need to promote the efficient development and use of new infrastructure, services and utilities, and to avoid the inefficient development and use of existing infrastructure, services and utilities. Amend 4.1.11 Issues of reverse sensitivity between adjacent planning zones Residential or Rural Settlement and Main Rural Zones

Section A5.1.5 Amend Objective 5 first paragraph



58.23.1 The maintenance of acceptable levels of risks posed by natural hazards and the effects of climate change to the environment and inhabitants of Napier City.

Section A6 – RULES FOR SUBDIVISION AND LAND DEVELOPMENT Amend Table 6.1.2 6.1.2 Table of Minimum Lot Sizes - City of Napier District Plan

Delete Table of Minimum Lot Sizes – Ahuriri Section of the City of Napier District Plan

Table of Minimum Lot Sizes – Ahuriri Section of the City of Napier District Plan

Zone Minimum Lot Size (Net Site Area) Hardinge Road Residential Zone Battery Road Residential Character Zone Westshore Residential Zone West Quay Waterfront Zone Ahuriri Local Retail Zone Westshore Local Retail Zone Foreshore Commercial Zone Ahuriri Mixed Uses Zone Marine Industrial Zone

No minimum.

Estuary Zone No minimum, however subdivision must be necessary for esplanade reserve or revesting purposes only.

Foreshore Reserve Zone No minimum, however subdivision must be necessary for reserves purposes only.

Boat Harbour Zone 125m2. Sports Park Zone No minimum, however subdivision must be

necessary to meet the purpose and objectives of the zone only.

Scheduled Performance Site – Churches & buildings of Religious Worship on Scheduled Sites Number F5/01, F6/01, F7/01.

Minimum site area for residential activities of 300 m2. Also see Rule 16.1.2.1(d) of the Ahuriri Section for shape factor requirements.

Scheduled Performance Site – Maori Community Facilities on Scheduled Site Number F6/02

No minimum, however subdivision must be necessary for revesting purposes only. Also see Rule 16.2.2.1(c) of the Ahuriri Section for Esplanade Reserve requirements.

Ahuriri Airport Protection Zone No minimum.

Zone Minimum Lot Size (Net Site Area) Residential Environments Main Residential Zone …

…

Hardinge Road Character No minimum Northern Residential No minimum Commercial Environments … Industrial Environments … West Quay Waterfront Marine Industrial

No minimum lot size

Rural Environments … Open Space Environments Boat Harbour Zone 125m2 All open space zones other No minimum lot size Other Zones Mixed Use Zone …

No minimum lot size



Amend 6.3 DISCRETIONARY ACTIVITIES (Page A-23 of the Code) 6.3 DISCRETIONARY ACTIVITIES Any development (including subdivision) which fails to comply with four or more standards and terms (with the exception of minimum or average lot size) for a Controlled Activity shall be a Discretionary Activity for which…… Insert new section after 6.3 DISCRETIONARY ACTIVITIES, and consequentially re-number 6.4 POHIBITED ACTIVITES TO 6.5 6.4 NON-COMPLYING ACTIVITIES Any subdivision (excluding any boundary adjustment or subdivision for the purpose of a network utility operation) that is unable to comply with the minimum or average lot size (with the exception of boundary adjustments and subdivision for network utility operations) outlined in Table 6.1.2 shall be a Non-Complying Activity.

6.45 PROHIBITED ACTIVITIES

Section A7.1.2.1 Information for Subdivision Consents Amend 7.2.1 (c) (c) Building site

… - engineering reports including site stability (see Appendices A6, A8, & A9)

- proposals to deal with potential effects of seismic events, (when considered relevant by NCC).

…

Section A7.1.3 Subdivision Consent process Flowchart reformatted (not included) Section A7.2.4.2 Drawing Standards Amend

Drawings in support of land development projects shall be drawn submitted on A1 sheets (original size), at standard scales as follows. or electronically as A1 sized Adobe Acrobat files (see section M1.1.1 for pdf requirements). A2 may be used where new Council services are involved, and only one sheet is required, or A3 may be used where only connections are involved and only one sheet is required. (A4 is not acceptable).

Standard scales as detailed below, shall be used:- ….

A2 sized drawings / electronic files may be used where new Council services are involved and only one sheet is required, or A3 may be used where only connections are involved and only one sheet is required. (A4 is not acceptable).

Line thickness style and density weight, together with letter size and density, shall be such that good quality prints can be produced, and that the plans are suitable for microfilming and scanning for computer archiving



Section A7.2.5 Approval of Council Delete

On completion of the required information documentation, three sets shall be forwarded to Council for review: a) The engineering drawings, specifications and calculations shall be examined by the

Council and the relevant service authorities as appropriate. One copy of these documents shall then be returned to the Design Co-ordinator within 20 working days, either approving the documents or indicating any required amendments.

b) Copies of documents as amended accordingly shall then be supplied to the Council. c) If the original or amended documents meet the Council's requirements, the Council

Liaison Officer shall approve the documents and return one copy to the Design Co-ordinator endorsed accordingly.

Replace with

All Engineering Works are controlled by the Council’s Engineering Approval Process.

Engineering Approvals are required for all work on Council services and roads, and for new services and roads that are to be vested in Council, following a subdivision or land development activity.

The Engineering Approval process is summarised below.

A7.2.5.1 Applications for Engineering Approval

Applications for Engineering Approval must be submitted on the prescribed form, together with the following minimum documentation:-

a) A copy of the Scheme plan approval, and approved Resource Consent conditions that apply to the development

b) A fully completed Engineering Approval Application Form

c) One set of A1 plans providing full details of the project, comprising separate plans for each service (water, wastewater, stormwater, and roads), including long-sections as appropriate, and details of all joints, valves, bends, and tees, etc. Plans may be supplied in hard-copy, or A1 sized Adobe Acrobat pdf files which meet the requirements of section M1.1.1. (NB cost incurred by Council for printing from electronic files, will be payable by the applicant).

d) All conflicts between new and existing services have to be established and detailed, together with the proposed methods for mitigating the conflicts.

e) All calculations required to confirm that the project is achievable.

f) One copy of the project specification

g) Applications to Council for new connections to existing service mains

h) A copy of the Ownership Transfer Agreement (Appendix A3), signed by the developer, to acknowledge his responsibilities regarding all assets to be vested in Council.

Note: Applications that do not include all of the above (as required by the application), will not be accepted for processing.



The application must also be accompanied by the required non-refundable administration fee, as set annually and detailed in the Council’s Schedule of Fees and Charges.

A7.2.5.2 Application Approval process

One copy of the above documentation shall be forwarded to Council, for review as follows:-

a) The engineering drawings, specifications, and calculations shall be examined by the Council, for compliance with this Code of Practice, the NCC District Plan and Resource Consent conditions. This review process may take up to 20 working days, after which they will either be approved, or a request made for further information or amendments.

b) Copies of any amended documents shall be issued to the Council.

c) When the application satisfies the requirements detailed in (a), the applicant will be advised to provide three A1 copies of all plans, together with any other relevant information. The plans will then be stamped, and distributed to the applicant, inspection team, and Council’s files (NB cost incurred by Council for printing from electronic files, will be payable by the applicant).

d) Approval documentation will be compiled, comprising the approved plans, specifications, check sheets, examples of Asset Valuation forms, a countersigned Ownership Transfer Agreement, and any other relevant information. The documentation will be released to the applicant, on payment of the appropriate fees.

e) Construction work may proceed on release of the approval documentation, subject to all relevant consents having been obtained.

Section A7.2.6 Construction Amend Paragraph number and title

7.2.6.1 Construction Phase Construction shall be carried out …..

Add new paragraph 7.2.6.2 7.2.6.2 Construction Approval

On satisfactory completion of the construction work, an Asset Compliance Certificate will be issued by the Services Engineer, upon receipt and approval of the following documentation from the Construction Co-ordinator:-

All as-built drawings, as detailed in A7.2.7.3

Completed inspection check sheets for each asset type

Asset Valuation Forms

Project Completion Report, signed by the Construction Co-ordinator

Water meter cards (if applicable) Section A7.2.7 Completion Documentation Amend 7.2.7.2 (a) (i)

(i) Predevelopment report covering the suitability of the land for earthworks the proposed development



Amend 7.2.7.3 – first paragraph

… These plans shall be submitted as one set of A1 size prints and one set of permanent tracings on polyester film or similar (tracing paper is unacceptable,( or electronically as A1 sized Adobe Acrobat PDF files (refer section M1.1.1). A2 may be used ….

Unless otherwise approved in writing by Council, separate drawings shall be provided for each of roading, water supply, wastewater and stormwater.

NOTE: “As Built” information is required before a section 224(c) subdivision certificate will be issued. Diagrams and guideline notes to assist with the production of as-built plans, can be found in Part M1 of this Code. are included in the Standard Details to assist with the production of “As Built” plans.

As-built information required, shall include but may not be limited to:

a) Reticulated wastewater systems - including the sizes and measured positions of; access chambers, depths, invert levels of all pipes, floor and lid levels; ………

c) Water reticulation - including the position and levels of mains, Add new items (d), (e), (f)

d) All features (such as manholes, sumps, inspection eyes, hydrants, valves, manifolds, access pits, new and existing surface features), shall be accurately dimensioned and referenced to survey marks, so that they can be accurately relocated in the field. Coordinates and floor levels of sumps shall also be provided.

In addition to the plan record, a csv text file containing co-ordinates and surface levels of all surface openings shall be provided along with clear identification of the opening to which the information applies.

e) The size, pressure class, joint type, and material shall be recorded for all pipelines, plus the reference number, material type, and manufacturer of all fittings.

f) Drawings shall include long sections of all pipelines laid to grade.

Re-number original clauses (d) to (i), as (g) to (l), and amend as shown.

g) Areas of filling - showing the total depth of fill, in the form of lines joining all points of equal fill depth (fill contours) and the location of compaction tests. h) Road construction and pavement layer details, including together with location and details of road marking, signals, all signs, landscape features, seating and other amenities and features. i) Ducts - measurements to ducts installed for telephone, power and gas reticulation, must be shown on the roading plans. j) Road names - as approved by the Council. k) The co-ordinates of at least 3 points on each plan in terms of Hawke's Bay Circuit 2000, Origin of Geodetic 1949 Datum and the origin of the level datum in terms of Hawkes Bay Local Authority Datum 1972 (MSL = 10 metres), for geo-registering purposes. l) The co-ordinates and concise levels of all permanently installed survey and level marks, with the positions shown on all the road plans.

Add new clause (m), and re-notate original (j) as (n).



m) The positions of easements and the depth of all associated services n) Various engineering certificates as required by the Code (see Appendix A7). In addition to the plan record a three and a half inch 1.44 MB diskette covering co-ordinates and surface levels of all surface openings shall be provided along with clear identification of the opening to which the information applies. The format of the data shall be discussed and supplied in accordance with the Napier City Council Works Asset Information Technology Section requirements.

Amend A7.2.7.9 – Ownership Transfer Certificate Agreement Add New Provision

A7.2.7.10 Construction Defects Bond A cash deposit or bond will be required to cover any construction defects that become apparent during the 12 month period following issuing of the Completion Certificate.

The value of the bond will be as described in Part M1.6 of this Code.

Appendix A2, part 2.0 Water Supply Amend 2.4(b)

“surface covers properly founded, orientated, and located”

Appendix A2, part 3.0 Roads Swap the order of items 3.2 & 3.3 Appendix A3 Add title in box, for consistency Change title to ‘Ownership Transfer Agreement’ Amend 1st paragraph This certificate agreement is to be used where ownership of assets are to be transferred to the Council. Amend 2nd paragraph Ownership of Aall assets taken over by to be vested in the Council will, subject to the following clauses, be deemed to be transferred to the Council at the time an Asset Compliance Completion Certificate pursuant to …

Amend Clause (a), (b), (c), and (e)

(a) All maintenance periods and guarantees shall commence from the date the Asset Compliance Completion Certificate is signed or such time as work is completed where it is subject to a bond for due completion whichever is the later.



(b) Where plant and equipment is involved the Council will only accept title ownership when all plant and equipment has been proven notwithstanding that an Asset Compliance Completion Certificate may have been issued.

(c) All guarantees for plant and equipment shall commence from the date of the Asset

Compliance Completion Certificate or date of proof that all plant and equipment is in operating order and complies with the specifications approved by the Council whichever is the later.

…

(e) All assets, plant and equipment must be insured for full replacement cost until vested in taken over by the Council in terms of the above.

Amend last paragraph This is to certify that the above conditions are being complied with, and that title is will be available to Council….. Add final paragraph, above signature boxes The Developer acknowledges that they will remain responsible for construction defects.

Add new title before signature box

NAME OF DEVELOPMENT

………………………………………………………………………………………………………………….

Amend signature title

Signed for Developer (Authorised Signatory)

Appendix A6 Add title in box, for consistency Amend title Statement of Professional Opinion as to suitability of land for Earthworks Development Amend title of the ‘Professional’ giving opinion (to be consistent with NZS 4404)

1. I am a Registered Engineer / Engineering Geologist Geo-professional experienced in the field of soils engineering and have been retained by the Owner as the Soils Engineer on the above project.

Appendix A7 Add title in box, for consistency Amend title of Professional giving opinion (to be consistent with NZS 4404)

1. I am a Registered Engineer / Engineering Geologist Geo-professional experienced in the field of soils engineering and have been retained by the Owner as the Soils Engineer on the above project.

Appendices A8 and A9 - Same changes as A7



PART B – Engineering Performance Criteria Section B8 Earthworks Add to 8.1 Objective To improve land utilisation and to safeguard people and property from the adverse effects

of natural hazards, (e.g. erosion, falling debris, subsidence, slippage, and inundation) whilst avoiding, remedying or mitigating any adverse effects on the environment.

Section 8.2.2 Structure (Design & Construction) Delete item (h): Not be compressible except where approved otherwise by the Council for shallow non-structural fills

B9 Roads Section 9.2.1 Delete

(c): Minimise the visual effects of the road and footpath formations by provision of appropriate landscaping

Add (e): Link and be compatible with the existing road and pathway network and be in keeping with the

existing/future road hierarchy Section 9.2.2 Structure (Design and Construction) Amend (a): Withstand the expected loads for the design period life of the road B12 Stormwater Drainage and Flood Control Add new clause 12.2.3: 12.2.3 Council will require a Developer to ensure that stormwater discharges do not contain any

contaminants that may compromise regulatory consents.

Council may require that stormwater systems include suitable structures, to minimise the release of any contaminants into the network.

All discharges must comply with the requirements of any stormwater bylaw adopted by the Napier City Council.

B14 Non-reticulated Wastewater Systems Amend clause 14.2 as follows:- 14.2 Performance Criteria Non-reticulated wastewater systems shall be designed to appropriate engineering and

technical standards and codes so as to achieve the following minimum performance criteria:



(a) Provide treatment and disposal facilities being appropriate and safe, with levels of

knowledge and technology available at the time. (b) Have a life expectancy in line with the appropriate systems at the time. (c) Be adequately clear of residential accommodation, waterways or accessible surface

locations to ensure acceptable hygiene and amenity standards and minimum adverse effects on water and land resources.

(d) Have minimum maintenance needs and be as fail safe as practicable. (e) Be accessible for maintenance. (f) Have maintenance needs defined and a maintenance regime set. (g) Comply with any requirements of Regional Plans and any necessary resource

consents.

(h) Be unobtrusive and minimise adverse effects on the environment

Add new 14.2 and Title:

14.2 ASSESSMENT CRITERIA

(a) Non-reticulated wastewater systems are classified as “private” systems, and will require building consent from Council, compliant with the relevant parts of the Building Act.

(b) Non-reticulated wastewater systems may also require resource consent as they will create discharges to land. Applications will have to be made to the Hawke’s Bay Regional Council.

(c) Written confirmation from the Hawkes Bay Regional Council that consent is not required, or a copy of the discharge consent granted, must be provided.

B15 Water Supply Amend 15.1 Objective To provide for the efficient, and effective, and safe distribution of water for consumption,

hygiene and fire fighting and to achieve the environmental results required under these Criteria

Amend 15.2.1(a) by adding proper title

Produce water complying with the New Zealand Drinking Water Guidelines Ministry of Health Drinking Water Standards for New Zealand that are current at the time, and other standards adopted by the Council.

Amend 15.2.2 (l) Where utilising pumping facilities ensure that equipment is suitable for its purpose, and

electrical plant / monitoring equipment is located 300 mm above the design flood level from a storm having a 2% probability of occurring annually.

B23 Reserves (Recreation)



Amend 23.2 (e) (e) The manufacture and installation of all play equipment shall comply with the relevant codes

and standards for that type of equipment. PART C – Engineering Standards C1 General Amend as follows:- Part C of the Code sets out engineering and other standards minimum standards for

subdivisions and land development works (whether or not the latter are associated with the former).

The Code, being performance based, allows for deviation from the acceptable methods and solutions covered under Parts D – M (design and Construction) (Design: A Means of compliance) and E (Construction: A Means of Compliance). All land development works, whether using the acceptable solutions or alternative methods, shall satisfy the requirements within this Part.

C4 Minimum Requirements for Subdivision and Land Development Amend 4.4(d) (d) Each property connected to the water supply shall have a separate toby service connection. Amend 3rd paragraph of 4.5 No work ……., have been received and approved, by the Council. Add Only approved engineering plans shall be used for construction C5 Minimum requirements for Individual Services and Utilities Amend 5.3.4 - Construction Monitoring

All construction work shall be monitored by a suitably qualified person. The standard …

Amend 5.4.3 - Easements for Services (2nd paragraph) Easement or reserve widths for pipes shall be as shown on drawing M3.25, namely:- (a)…..

5.5 Earthworks

Delete whole section

Earthworks designs in the following circumstances shall be supported by specialist geotechnical reports and design criteria including the statement of professional opinion as set out in Appendix A6 of Part A of this Code.

(a) Earthworks involving more than 100 m3 (insitu measure) per site or per development.

(b) Cuts on slopes greater than 22 degrees above horizontal



(c) Cuts on slopes greater than 5 metres high

(d) Cuts of 1.5 metres or greater in height

(e) Fills of more than 0.5 metres in depth

(f) Where building sites will be on ground formed by earthworks

(g) Earthworks within 20m from the centreline of any High Voltage Transmission Line.

The reconstruction of existing roads and the excavation of trenches within the road reserve for the purpose of construction, maintenance, replacing, removing or minor upgrading of any network utility service is exempt from (a) to (e) above.

Earthworks within 20 metres of a High Voltage Transmission Line is exempt from obtaining a specialist geotechnical report where the written approval of the owner and operator of the High Voltage Transmission Line is obtained, provided the earthworks do not exceed the limitations in (a) – (e) above.

Earthworks design shall include adequate means to control silt runoff during the construction and post construction phases.

Upon completion of the earthworks a statement of professional opinion shall be provided as set out in Appendix A7 of Part A of this Code.

Replace with:-

Refer to Chapter 52A of the Napier District Plan for details.

5.7 Site Access Amend Table C5.7

Table C5.7

Non Public Access - Subdivision and Land Development Requirements

Type of Development

No of

Allotments/Units

off Accessway

Accessway width (metres)

Manoeuvring

(refer note 3)

Urban Residential Dwelling Units/Lots (includes Rural Settlement, Lifestyle Character and Jervoistown Zones)

1 2.7 m (infill only)

3.0m (greenfields only)

No

No

2 - 3 3.0 m Yes

4 - 8 4.8 m Yes

9 or more Public Road Required

n/a

Rural Residential Dwelling Units/Lots

1 3.5 m Yes

2 - 3 4.8 m Yes

4 - 8 6.0 m Yes


n/a



Commercial/Industrial Units/Lots

1 3.5 m

Refer note 4

2 - 4 6.0 m


Add notes 3 & 4

3. Manoeuvring means the provision of a turning space sufficient to enable vehicles to turn around within the accessway with reasonable facility.

NB For 2-3 lots, turning will be permitted within the lot, or right-of-way

For 4-8 lots, a specifically designed turning head must be included within the right-of-way. (Drawing M2.32 refers)

4. No reverse maneuvering permitted onto or off any road.

C5.8 Stormwater

Add new item (c)

(c) The minimum connection size to each lot is to be either a double kerb connection, or a

150mm pipe connection to a council-approved main or waterway.

Items (c) to (o) are re-notated (d) – (p)

Change item (i) (i)

80 years 100 years

Add title

Table C5.8 to design storm probability table

Amend item (k), as shown

(k) The minimum pipe strength shall be equivalent to Class ‘X’ 2 concrete and SN16 PVC up to and including DN225, and SN8 PVC for sizes DN300 and larger.

C5.9 Wastewater Systems – Reticulated Areas

Amend clause (a)

(a) Each separately titled allotment or separately titled dwelling unit shall be provided with an individual connection to the Council main, except for:-

Units in multi-storey buildings Subdivision of existing multi-unit developments

for which common private drains may be approved.

Amend clause (b)

(b) Common private wastewater drains will not be approved, other than described above.

Amend clause (f) (i)



(f) The design life shall be as follows -

(i) Pipework, appurtenances, all concrete work, tankage and 100 years detention structures.

(NB: Concrete corrosion protection systems shall be used where concrete is in contact with sewage, or open to a sewage atmosphere)

Delete clause (g)

All residential wastewater system design shall be based on peak wet weather flows including allowances for ground water and stormwater inflow and infiltration. Wastewater systems shall be capable of serving the entire upstream catchment assuming it is developed in terms of the District Plan (including deferred zonings). Population density shall be in accordance with the District Plan densities based on a minimum of 12 allotments per hectare gross and 2.7 persons per dwelling unit for urban development with a design flow of 1,100 l/h/d.

Replace clause (g) with:-

Wastewater reticulation shall be designed to cope with Peak Wet Weather Flows (PWWF) from the catchment area, which currently for Napier is 0.40 litres/second/hectare (gross) for residential areas. For net areas (excluding roads and reserves), PWWF can be calculated using 0.3 litres/second/hectare.

Pumping station design should be able to accommodate any likely future growth resulting from any development of the upstream catchment anticipated within the District Plan (including any deferred zoning).

Amend clause (h)

(h) The minimum pipe strength shall be equivalent to Class ‘X’ 2 concrete OR SN16 PVC up to and including DN 225 and SN8 PVC for sizes DN 300 and larger.

C5.10 Wastewater Systems – Non Reticulated Areas

Delete 3rd Paragraph

Information on groundwater shall be provided to show that the ground disposal system will be at all times adequately above winter ground water tables and ground surface free from flood inundation in a storm having a 20% probability of occurring annually.

Add new paragraph 3

The developer shall provide evidence that the proposed non-reticulated wastewater system complies with the requirements of the Hawke’s Bay Regional Resource Management Plan rules for on-site domestic wastewater

….

Amend (b)

(b) Where required by the Hawke’s Bay Regional Council, a A resource consent with any conditions approving the proposed non-reticulated wastewater system for the site.

Note:- Where it is proposed to provide a non-reticulated wastewater system at the Building Consent stage then a consent notice shall be placed on the title to that effect.



Delete 5th paragraph

Non-reticulated wastewater systems shall be shown to satisfy the requirements of the Resource Management Act 1991 with respect to groundwater, surfacewater or air contamination.

C5.11 Water

Amend (a) (2nd paragraph) The supply to multi-unit multi-storey buildings will be metered and

arrangements made for payment of the ‘water by meter’ account by way of consent notice.

(c) Any subdivision or development in the Napier or Bay View urban water supply areas

shall be provided with a reticulated water supply.

(d) All reticulation to be taken over by the Council shall, wherever practicable, be installed in the location shown in the standard cross section shown in Part M of the Code.

(e) Only approved engineering plans shall be used for construction

Clauses (f) – (p) re-notated (e) – (o)

Amend

(i) Pipework, tankage etc 80 100 years

Amend

(ii) Valves, hydrants etc with provision made for easy maintenance and replacement 80 100 years

Amend

(j): Water meters approved by the Council shall be provided to all new service connections with the exception of supplies to single dwelling domestic properties within the Napier urban water supply area.

Amend (k): Watermains shall be laid in the berms on both sides of all roads.

No service connections shall be taken from trunk mains.

Amend

(l) 4th para:

In FW3, FW4, FW5, FW6 and FW7 fire risk areas all fire hydrants shall be tall pattern to NZS 4522 BS 750. In FW1 and FW2 fire risk areas medium pattern hydrants may be used, except terminal hydrants which shall be tall pattern.

Add new (n) and (o):

(n) Water supplies through, or adjacent to, contaminated sites, shall be subject to specific design.

(o) Water supplies in the vicinity of petrol stations shall not be constructed from PE or PVC materials.

C5.12 Reserves



Amend clause (d) to remove obsolete standards:-

(d) All play equipment and its installation shall comply with the following standards:-

(i) AS/NZS 4422 : 1996 Playground surfacing - Specifications, requirements and test method.

(ii) AS/NZS 4486.1 : 1997 Playgrounds and playground equipment Part1: Development, installation, inspection, maintenance and operation.

(iii) NZS 5828: 1986 Parts 2 and 3. Playground equipment and surfacing

Amend note:

Note: Fully developed means; leveled, drained where necessary, water connections installed, cultivated and sown down in grass, planted with trees and play equipment installed as for an agreed Development Plan. Boundaries with neighbouring properties must be fully fenced, road frontages protected by pole barriers or other approved barriers and concrete footpaths installed as required.



Appendix C1 Road Design Standards

Amend table to allow for

Cycle lanes

APPENDIX C1: ROAD DESIGN STANDARDS

Amend Notes

Class Type Area Served DUs/People

Traffic Volumes

vpd

Standard Legal Road Width

Minimum Legal Road Width

Carriageway Width Footpaths Berm

(Inc Footpath)

Beam Deflection

Parking Shoulder

Cycle Traffic Lanes

Total mm

PRIM

AR

Y R

OAD

S

ARTE

RIA

L

Arterial Industrial

>7000 17.0 18.20

17.0 18.20

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x1.8 2x1.8 0.80

Arterial Commercial

>7000 19.4 20.60

19.4 20.60

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x3.0 2x3.0 0.80

Arterial Residential

>7000 22.4 23.60

19.4 20.60

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x1.2 2x1.4

2x4.5 0.80

Arterial Rural

<4000 20 Varies 2x1.5 N/A 2x3.5 10.0 N/A N/A 0.80

PRIN

CIP

AL

Principal Industrial

<7000 17.0 18.20

17.0 18.20

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x1.8 2x1.8 0.80

Principal Commercial

<7000 19.4 20.60

19.4 20.60

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x3.0 2x3.0 0.80

Principal Residential

>450 DUs <7000 22.4 23.60

19.4 20.60

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x1.2 2X1.4

2x4.5 0.80

S

ECO

ND

AR

Y

R

OAD

S

CO

LLE

CTO

R

Collector Industrial

<450 people <3000 17.0 18.20

17.0 18.20

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x1.8 2x1.8 0.80

Collector <450 people <3000 19.4 20.60

19.4 20.60

2x3.2 2x2

2x1.8 2x3.5 13.4 14.60

2x3.0 2x3.0 0.80

Commercial 19.4 20.60

19.4 20.60

Specific Design 2x2.0 2x2.0

0.80

Collector Residential

<375 DUs <3000 20.0 23.60

17.0 20.60

2x2.0 2x1.8 2x3.5 11.0 14.60

2x1.2 2x1.4

2x4.5 1.00

Collector Rural

<200 DUs <2000 20 Varies 2x0.75 N/A 2x3.5 8.5 N/A N/A 1.00

LOC

AL

RO

ADS

M

AJO

R

Major Local Industrial

<150 people <1000 15.6 15.6 2x2.5 N/A 2x3.5 12.0 2x1.8 2x1.8 1.00

Major Local Commercial

<150 people <1000 17.0 17.0 2x2.0 N/A 2x3.5 11.0 2x3.0 2x3.0 1.00

Major Local Residential

<125 DUs <1500 18.0 15.0 1x2.0 N/A 2x3.5 9.0 2x1.2 2x1.4

2x4.5 1.00

Major Local Residential

<125 DUs <1000 17.0 14.0 2x2.0 N/A 1x4.0 8.0 2x1.2 2x1.4

2x4.5 1.00

Major Local Rural

<50 DUs <500 20 Varies N/A 2x3.5 7.0 N/A N/A 1.00

MIN

OR

Minor Local Industrial

<60 people <200 15.6 15.6 2x2.5 N/A 2x3.5 12.0 2x1.8 2x1.8 1.00

Minor Local Commercial

<60 people <200 17.0 17.0 2x2.0 N/A 2x3.5 11.0 2x3.0 2x3.0 1.00

Minor Local Residential

<25 DUs <200 13.5 12.0 1x2.0 N/A 1x4.0 6.0 1x1.2 1x4.5 1x3.0

1.30

Minor Local Residential

<13 DUs <100 8.0 See note 7

8.0 See note 7

1x2.0 N/A 1x4.0 6.0 1x1.0

1x1.0

1.30

Minor Local Rural

<18 Dus <150 20 Varies N/A N/A 2x3.0 6.0 N/A N/A 1.30

Service Lane

N/A N/A 7.4 7.4 N/A N/A 2x3.3 6.6 N/A 2x0.4 0.80



NOTES:

Add new

5. Minimum gradient around kerb and channel radii <30 m is 0.3%

6. A reduced cross-section may be approved by the Road asset manager, where a cycle-lane is not required

7. The use of an 8.0 m road will require:-

- A specific intersection design approved by the Roading Asset Manager

- Location of services to be agreed between the Roading Controlling Authority and the relevant service authority


Notified Plan Change 10 375 Miscellaneous Changes

Miscellaneous Consequential Changes and Amendments NOTE: In the following section, changes relating to the Ahuriri Harmonisation of the Napier District Plan

are represented in BLUE. Changes relating to the Harmonisation of the Hastings District Plan and the Napier District Plan are represented in GREEN. Changes that are related to the harmonising of the Napier District Plan with Ahuriri and Hastings are represented in PURPLE. Changes arising from recent Council policy decisions are represented in ORANGE.

New text is represented in underlined italics and text to be deleted is struckout APPENDIX 12 – SCHEDULED SITES Delete Schedule Site S21 – Is a repeat of S15

Map Reference

No.

Sheet No. Description

S21 D4;C4 Te Ihu O Te Rei -- Historic Reserve, 43 Onehunga Road, Bay View, Sec 34 Ahuriri Lagoon Blk XVI Puketapu SD Pt Te Ihu O Te Rei Historic Reserve

Insert into Scheduled Sites table.

Map Reference

No.

Sheet No. Description

S121 H6 Taradale Road Water Pumping Station, 131B Taradale Road, Lot 1 DP 13203

S122 G5 Orotu North Sewer Pumping Station, opposite no. 72 Orotu Drive, Lot 1 DP 448910

S123 G5 Orotu South Sewer Pumping Station, opposite no. 36 Orotu Drive, Lot 153 DP 410848

S124 F5 St Andrews Church 110 Charles Street, Westshore, Tn Sec 70 SO 5011, Church and Buildings of Religious Worship.

S125 F5 Westshore Holiday Camp, 1 Main North Road, Westshore; Lot 1 DP 6408

S126 F6 Maori Community Facilities, 846 Meeanee Quay; Tn Sec 5A Westshore Canoe Reserve

S127 F7 Wilson Hall (Ahuriri/Puterino Presbyterian Church) 32 Hardinge Road/Macaulay Street, Ahuriri, Tn Sec 480, Church and Buildings of Religious Worship.

Appendix 12A – DESIGNATIONS Delete Designation D23 (same as D19)

Designation Map Reference

Sheet No.

Council File Ref

Purpose of Designation Requiring Authority

D23 E4 3.15.3.2 Stormwater Detention Napier City Council

Amend and/or Add the following designations to Appendix 12A as shown



Designation Map

Reference

Sheet No.

Council File Ref

Purpose of Designation Requiring Authority

D11 B4 3.15.3.2 [Eskdale] School Ministry of Education

D43 G3 3.15.3.2 Electricity Distribution Purposes Unison Networks Limited

D107 H6;H7 3.15.3.2 Colenso High School Ministry of Education

D117 H7 3.15.3.2 [Colenso High] School Ministry of Education

D173 E5 3.15.3.2 Airport Purposes Hawkes Bay Airport Limited

D174 F5 3.15.3.2 Westshore School Ministry of Education

D175 F6 3.15.3.2 Port Ahuriri School Ministry of Education

Chapter 33 RURAL ENVIRONMENTS Amend 33.9 ZONE DESCRIPTIONS Amend 33.9 4 as shown 4. Rural Settlement Zone

The Rural Settlement Zone applies to the residential area of Bay View and the core residential areas of Jervoistown and Meeanee. These areas …

Chapter 51 AIRPORT ZONE Amend Rule 51.11 h) as shown DISCRETIONARY ACTIVITIES


consent application must be made and consent may be declined or granted with or without conditions. The Council will have regard to the objectives and policies of this Plan and the assessment criteria in Chapter 51.34. The Council’s discretion is unrestricted.

… h) Earthworks undertaken within 30 metres of that part of the

Estuary Zone (Ahuriri Subdistrict) south of Watchman Road. …

Chapter 17 FRINGE COMMERCIAL ZONE – RULES 17.25 Transport … 2. A 50% exemption applies to vehicle parking spaces within the areas

of this zone identified in Appendix 2524.

Matters: Refer to Chapter 61(Transport) of this Plan.



Chapter 38 RURAL SETTLEMENT ZONE – RULES Amend Rule 38.15 – Site Coverage 38.15 Site Coverage 1. The following site coverage conditions shall apply to all land uses:


AMEND REFERENCE TO Hawke’s Bay Airport Authority to Hawke’s Bay Airport Limited throughout the District Plan. Amend Appendix 31A, Table 1 by correcting a typographical error in footnote 1. as follows: NOTES: 1.All figures exclude GST and are on a per lot/unit basis unless otherwise stated as at 1 July 2010 – 30 June

2011 (based on Dec 2009 2011 indices).



APPENDIX 7F Add Airport Height Control Designation Map to Appendix 7

Section 4

PLANNING MAPS

1. The Planning Maps can be sourced as a separate document and are

available for viewing at the following locations:

Napier City Council Planning Department Reception (2nd

Floor Library

Building), Station Street, Napier;

Napier City and Taradale Public Libraries; and


The Planning Maps are now in A3 portrait, colour and have been designed

so that both Napier and Hastings have adopted standardised symbology

and colouring

2. The following Planning Maps have been amended to incorporate proposed

zone changes resulting from the Park Island Master Plan and Rezoning

Western Hills and Park Island Cemeteries from Sports Park Zone to

Reserves Zone

G4, G5, H4, H5

3. The following Planning Maps have been amended to reflect a minor change

in zoning at McLean Park to include previously zoned areas of the park

from Main Residential to Sports Park Zone

G8 and H8


operative city of napier district plan · plan change 10 - operative city of napier district plan ....

Documents