Ngarara provisions comparison table for planning caucus Note · Certificate in Arboriculture Level 4 or equivalent arboricultural qualification. Rule 11.1.1(xiii) All other activities,

1

Ngarara provisions comparison table for planning caucus Note: PDP provisions are as drafted for the integration hearing section 42A report with recommended deletions removed

Ngarara Zone Operative DP rules

Operative DP standards Proposed DP rules PDP standards

No trimming provisions Rule 3A.1.3 Trimming of any indigenous vegetation within the following zones is a permitted activity:

Residential Zone

…

Ngarara

…

Rural Eco Hamlet

… However. where the indigenous vegetation is: (a) located within an ecological

site listed in Schedule 3.1; or (b) a key indigenous tree listed

in Schedule 3.2 and exceeds either of the maximum size criteria diameter or height; or

(c) a key indigenous tree listed in Schedule 3.2A; or

(d) a rare and threatened vegetation species listed in Schedule 3.3.

This must be undertaken in accordance with the prescribed standards.

3A.1.3 Permitted activity standards 1Any trimming shall be limited to the removal of vegetation:

a) achieves compliance with the requirements of the Electricity (Hazards from Trees) Regulations 2003; or

b) Is broken, deadwood or chronically diseased; or c) does not form part of the main structure (the trunk or a

primary structural limb) and:

i. is pruned up to 3m from a window of a habitable room; or

ii. is pruned up to 2m from the wall or roof of an existing permanent building; or

iii. is restricting access along an existing access leg, right of way or driveway; or

d) is carried out in accordance with a registered

protective covenant under the Reserves Act 1977, Conservation Act 1986 or Queen Elizabeth the Second National Trust Act 1977; or Reserve Management Plan approved under the Reserves Act 1977; or

e) is necessary to avoid an imminent threat to the safety

of persons or damage to lawfully established building; and

f) is necessary to provide for the ongoing safe and

efficient operation and maintenance of telecommunications, radio communication and other

Comment [ET1]: New provisions –additional permitted activities which apply to multiple zones

(introduced under UTV)

2



network utility; and

2. All trimming must be undertaken to a growth point or branch union and in accordance with the New Zealand Arboricultural Association Incorporated Best Practice Guideline ‘Amenity Tree Pruning’ Version 3 dated April 2011 to avoid irreversible damage to the health of the tree; and

Note: The Council recommends that trimming is carried out by an arborist who has attained the New Zealand Qualifications Authority National Certificate in Arboriculture Level 4 or equivalent qualification.

Rule 11.1.1(xiii) All other activities, which are not listed as CONTROLLED, DISCRETIONARY, or NON-COMPLYING and which comply with all the permitted activity standards.

(xiii) NATIVE VEGETATION (a) The disturbance, removal, damage or destruction (“modification”) of naturally occurring indigenous vegetation is a permitted activity where such modification is limited to: • The removal of trees less than 4 metres high or which have a trunk circumference less than 95cm measured at a height of 1.4 metres above the ground. Trees listed in the Heritage Register are excluded from this provision. Provided that in (a) above, modification of vegetation is not permitted where it is: (i) Forms a contiguous area of more than 100m2; or (ii) Within 20 metres of a waterbody (including within the waterbody itself) or is (iii) Nationally or regionally rare or threatened. (b) The disturbance, removal, damage or destruction (“modification”) of naturally occurring indigenous vegetation and/or trees listed in the Heritage Register, is a permitted activity where such modification is limited to: (i) The removal of broken branches, deadwood or diseased vegetation. (ii) The removal of branches which are not part of the main structure of the tree that are interfering or

Rule 3A.1.4 Modification of indigenous vegetation within the following zones:

Residential Zone

…

Ngarara

…

Rural Eco Hamlet

…

3A.1.4 Permitted activity standards 1. Modification of indigenous vegetation provided the

indigenous vegetation is not: a. within an ecological site listed in Schedule 3.1; or b. a key indigenous tree species listed in Schedule

3.2 and exceeds either of the maximum size criteria (diameter or height); or

c. a key indigenous tree listed in Schedule 3.2A; or d. a rare and threatened vegetation species listed in

Schedule 3.3; or e. is in or within 20 metres of a water body or the

coastal marine area where it is not within the

urban environment,

Note: for modification of notable trees listed in Schedule 10.1 (see rule 10A.2) 2. Undergrounding within the drip line of indigenous

vegetation in Schedules 3.1, 3.2A or 3.3 for the purpose of network utilities such that:

drilling is a minimum of 1m 800m below the root zone ground level or a hand dug trench where it is undertaken under the supervision of or by an arborist who has attained

Comment [ET2]: New additional permitted activities (introduced under UTV)

3



overhanging buildings, but only up to 1 metre from the external walls or roof of that building. (iii) The removal of the branches which are not part of the main structure of the tree to maintain access across existing farm tracks. (iv) Modification by any network utility operator to ensure the safety and integrity of any network utility or to maintain access to the network utility. This does not apply to specifically listed Heritage trees. (v) Modification to vegetation where it occurs within an established production forest or where it occurs within two years of a production forest being harvested. (vi) Modification of vegetation that has been specifically planted as a production forest. Note 1: Part I of the District Plan contains a list and map of the general locality of nationally or regionally rare or threatened species occurring in the Kapiti Coast District. Note 2: Any person wishing to modify a tree listed in the Heritage Register that has been identified as having Maori values should contact the relevant iwi before carrying out any modification to the tree

the New Zealand Qualifications Authority National Certificate in Arboriculture Level 4 or equivalent arboricultural qualification.

Rule 11.1.1(xiii) All other activities, which are not listed as CONTROLLED, DISCRETIONARY, or NON-COMPLYING and which comply with all the permitted activity standards.

D.11.1.2 standards (iii) EARTHWORKS Except within the Totara Dunes Neighbourhood Development area, the following standards apply when carrying out earthworks for any activity such as constructing new buildings and relocating buildings, building roads and access ways to building sites, subdivision lots, parks and parking areas. These standards do not apply, however, to road maintenance activities within road reserves. (a) Earthworks shall not be undertaken: • On slopes of more than 28 degrees. • Within 20 metres of a waterbody, including wetlands and coastal water, except cultivation of a field or domestic gardening. This standard shall not apply to activities associated with maintenance of the watercourse or stormwater control.

Rule 3A.1.7 Earthworks in all areas except areas subject to flood hazards, outstanding natural features and landscapes, ecological sites, geological features, areas of outstanding natural character, areas of high natural character and historic heritage features Rule 9B.1.4 Earthworks except where associated with the matters listed below: a) This rule does not apply limit

to earthworks associated with: i. the maintenance of a

3A.1.7 Permitted activity standards 1 Earthworks shall not be undertaken: a) On slopes of more than 28 degrees; and b) Within 20 metres of a waterbody, including wetlands

and coastal water

1. In all other areas except as provided for in Standard 3; earthworks shall not: a) disturb more than 50m³ (volume) of land per site

in living zones, working zones and open space zones within a 5 year period;

b) disturb more than 100m3 (volume) of land per site

in rural zones within a 5 year period; and c) and shall alter the original ground level by more

than 1 metre, measured vertically. This standard applies whether in relation to a

Comment [ET3]: Currently no timeframe in Ngarara zone but is in all other zones

4



(b) In any ponding area or overflow path no earthworks shall: • involve the disturbance of more than 20m³ (volume) of land; or • alter the existing ground level by more than 1.0 metre, measured vertically. This standard applies whether in relation to a particular earthwork or as a total of cumulative earthworks (c) No earthworks shall involve the disturbance of more than 50m³ (volume) of land and shall alter the existing ground level by more than 1.0 metre, measured vertically. (d) Earthworks shall not be carried out within 12 metres of the closest visible edge of a high voltage transmission line support structure. A clause in the contract for any earthworks shall contain the following: Should a waahi tapu or other cultural site be unearthed during earthworks the operator and/or owner shall: (a) cease operations; (b) inform local iwi; (c) inform the NZ Historic Places Trust (NZHPT) and apply for an appropriate authority if required; (d) take appropriate action, after discussion with NZHPT, Council and Tangata Whenua, to remedy damage and/or restore the site. Note: In accordance with the Historic Places Act 1993, where an archaeological site is present (or uncovered), authority from the NZ Historic Places Trust is required if the site is to be modified in any way. Advice Note: All earthworks must comply with the requirements of the NZECP 34:2001. Criteria for Notification Consultation is required with Vector Gas Limited before any earthworks are undertaken within the pipeline easement.

watercourse or stormwater control;and activities permitted under rule 9B.1.6

iv. maintenance activities within the legal road; private farm tracks which are ancillary to permitted farming activities and are not within an outstanding natural landscape shown on the planning maps

v. residual ponding areas where the earthworks permitted activity standards for the relevant zone are complied with. (see chapter 3 for policies and rules on earthworks)

earthworks subject to rule 9B.2.1 (ie within a flood storage or fill control area)

particular earthwork or as a total of cumulative earthworks within the specified period.

2. Earthworks for the construction of permitted telecommunications and radio communication facilities, and their matintenance, renewal and minor upgrading outside legal road, provided that the earthworks shall not:

a) alter the original ground level by more than 1.5 metres measured vertically, except piling associated with the installation of a network utility.

3. Standards under this rule do not apply, to: a) earthworks associated with farm and forestry tracks

permitted under Rule 7A.1.5; b) tilling or cultivation of soil for the establishment and

maintenance of crops and pasture;, however, c) harvesting of crops; d) planting trees; e) removing trees; f) horticultural root ripping; g) digging offal pits h) burying dead stock and plant waste; i) digging post holes; j) drilling bores; k) installing and maintaining services such as water

pipes and troughs;or where a more specific earthworks provision is provided for in the zone or precinct methods.

5. Any earthworks must ensure that: a) Surface runoff from the site is isolated from other sites

and existing infrastructure; and b) The potential for silt and sediment to enter the

stormwater system or waterbodies in surface runoff from the site, is minimised; and

c) Erosion and sediment control measures are installed and maintained for the duration of the construction period, where necessary.

Comment [ET4]: Additional permitted earthworks with no volume or vertical change limits

5



Note: attention is drawn to the Greater Wellington Regional Council publications ‘Erosion and Sediment Control Guidelines for the Wellington Region’ and ‘Small Earthworks – Erosion and sediment control for small sites’. Applying the appropriate recommended treatments from these publications is a means of compliance with this standard. 6. Archaeological Discovery Protocol (within Schedule

10.2 Archaeological Requirements) to be followed for any accidental discovery of a waahi tapu or other cultural site.

a) Archaeological Discovery Protocol – should a waahi tapu of other cultural site be unearthed during Earthworks the contractor and/or owner shall:- (i) cease operations; (ii) inform local iwi; (iii) inform Heritage New Zealand and apply for the

appropriate authority if required; (iv) take appropriate action, after discussion with

Heritage New Zealand, the Council and Iwi to remedy damage and/or restore the site.

Note: in accordance with the Heritage New Zealand Pouhere Taonga Act 2014, where an archaeological site is present (or uncovered), an authority from Heritage New Zealand is required if the site is to be modified in any way. If land is identified on the District Plan Features Maps as being in the Archaeological Alert area there is a high risk of archaeological material being uncovered during earthworks and consultation with Heritage New Zealand is recommended prior to undertaking earthworks. 9B.1.4 Standards 1. In an overflow path or residual overflow path

(excluding fill which is addressed in Rule 9B.4.3), earthworks:

a) shall not involve the disturbance of more than 10m

3 of land in any 10 year period;

b) shall not alter the original ground level by

Comment [e5]: New but does not impact beyond a small corner of Waimeha neighbourhood adjacent

to stream.

6



more than 0.5 metres, measured vertically; and

c) The earthworks shall not impede the flow of floodwaters.

2. In ponding areas (excluding residual ponding areas)

and shallow surface flow areas, earthworks: a) Shall not involve the disturbance of more than

20m3 (volume) of land in any 10 year period;

and b) shall not alter the original ground level by

more than 1.0 metre, measured vertically.

3. In a Stream corridor or River corridor (excluding fill which is addressed in Rule 9B.4.2), earthworks:

a) shall not exceed 10m3 in any 10 year period.

This standard applies whether in relation to a particular work or as a total or cumulative; and

b) must be carried out by Wellington Regional Council, Kapiti Coast District Council, the Department of Conservation or their nominated contractors.

No ONL in Ngarara zone Rule 3A.1.8 Buildings in outstanding natural features and landscapes, except Network Utility buildings and buildings in Kukutauaki, Kawakahia retreat and Totara Dunes neighbourhoods of the Ngarara Zone and Ngarara Precinct under rules 5C.4.2 and 5C.5.3 and 7A.1.10 and 7A.3.6.

Note: See Chapter 11 Infrastructure, Services and Associated Resource Use for rules relating to Network Utilities in outstanding natural

3A.1.8 Permitted activity standards 1. Buildings must have a gross floor area no greater

than 54m2.

2. Buildings must have a height no greater than 6 metres.

3. Building colours and materials (excluding glazing) must be non-reflective and recessive.

Comment [ET6]: New but does not impact as relates to council stream clearing only

Comment [e7]: New due to ONL overlay- could impact development of individual buildings after

NDP as currently drafted. Suggest amendment to

add exemption for buildings in ngarara zone and precinct NDA as shown in blue

7



features and landscapes.

Rule 11.1.1 Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. (xi) Except within the Totara Dunes Neighbourhood Development Area, earthworks that comply with the permitted activity standards (D.11.2.1(iii) – Earthworks).

Rule 3A.1.9 Earthworks in all areas associated with: a. road maintenance activities

within the legal road. b. maintenance of access ways,

including walkways and cycle ways not within legal road.

c. activities permitted under Rule 9B.1.4, 9B.1.6. and 9B.1.8 except within outstanding natural features and landscapes in the Coastal Environment.

d. the construction of permitted telecommunication and radio communication facilities, and their maintenance, renewal and minor upgrading within the legal road.

e. maintenance of farm tracks and plantation forestry tracks permitted under Rule 7A.1.5.

f. approved building developments, subject to a building consent, where the earthworks do not extend more than 2 metres beyond the foundation line of the building.

Note: See Chapter 43: Coastal Environment for further rules for earthworks within areas of Outstanding Natural Character, Chapter 9 Natural Hazards standards for further rules and

3A.1.9 Permitted activity standards

1. Any earthworks must ensure that: a) Surface runoff from the site is isolated from other

sites and existing infrastructure; and b) The potential for silt and sediment to enter the

stormwater system or waterbodies in surface runoff from the site, is minimised; and


Note: attention is drawn to the Greater Wellington Regional Council publications ‘Erosion and Sediment Control Guidelines for the Wellington Region’ and ‘Small Earthworks – Erosion and sediment control for small sites’. Applying the appropriate recommended treatments from these publications is a means of compliance with this standard.

2. Archaeological Discovery Protocol to be followed for any accidental discovery of a waahi tapu or other cultural site.

Archaeological Discovery Protocol – should a waahi tapu of other cultural site be unearthed during Earthworks the contractor and/or owner shall:-

(i) cease operations; (ii) inform local iwi; (iii) inform Heritage New Zealand and apply for the

appropriate authority if required; (iv) take appropriate action, after discussion with

Heritage New Zealand, the Council and Iwi to remedy damage and/or restore the site.

Note: in accordance with the Heritage New Zealand Pouhere Taonga Act 2014, where an archaeological site is present (or uncovered), an authority from Heritage New Zealand is required if the site is to be modified in any way.

Comment [ET8]: New –exemption was in residential zones (not Ngarara or rural) now

extended to all zones.

8



standards for earthworks in flood hazard areas and Chapter 10 Historic Heritage chapter for further rules relating to earthworks on land with historic heritage features. See also Chapter 6 Working Zones, Chapter 7 Rural Zones and Chapter 8 Open Space for other earthworks rules relating specifically to zones and precincts.

If land is identified on the District Plan Features Maps as being in the Archaeological Alert area there is a high risk of archaeological material being uncovered during earthworks and consultation with Heritage New Zealand is recommended prior to undertaking earthworks.

Disc default rule Controlled activity Rule 3A.2.3 Earthworks (excluding farm tracks and plantation forestry tracks for permitted farming activities) within outstanding natural features and landscapes not permitted under Rule 3A.1.9 Note: See Rule 3A.3.9 for earthworks to establish or modify farm tracks and plantation forestry tracks on land within outstanding natural features and landscapes.

Controlled activity standards 1. Earthworks shall not be undertaken:

a) On slopes of more than 28 degrees.; and b) Within 20 metres of a waterbody, including

wetlands and coastal water,

2. Earthworks shall not result in a vertical change (cut or fill) that exceeds 1 metre.

3. Volume of earthworks shall not exceed 50m3 per site

within a 5 year period in living zones and open space zones, and 100m³ per site within a 5 year period in rural zones. This standard applies whether in relation to a particular earthwork or as a total of cumulative earthworks within the specified period.

4. Standards 1-3 under this rule do not apply to: b) tilling or cultivation of soil for the establishment and

maintenance of crops and pasture; c) harvesting of crops; d) planting trees; e) digging post holes; f) drilling bores; g) installing and maintaining services such as water

pipes and troughs; or where a more specific earthworks provision is provided for in the zone or precinct methods.

Comment [ET9]: New- controlled activity rather than permitted to discretionary

Comment [ET10]: New- No timeframe currently in ngarara zone

Comment [ET11]: Additional permitted activities in ONL

9



5. Any earthworks must ensure that: a) Surface runoff from the site is isolated from other

sites and existing infrastructure; and b) Surface runoff from the site containing silt and

sediment is prevented from entering the stormwater system or waterbodies; and


Note: attention is drawn to the Greater Wellington Regional Council publications ‘Erosion and Sediment Control Guidelines for the Wellington Region’ and ‘Small Earthworks – Erosion and sediment control for small sites’. Applying the appropriate recommended treatments from these publications is a means of compliance with this standard.

6. Archaeological Discovery Protocol to be followed for any accidental discovery of a waahi tapu or other cultural site. a) Accidental Archaeological Discovery Protocol –

should a waahi tapu of other cultural site be unearthed during Earthworks the contractor and/or owner shall:- (i) cease operations; (ii) inform local iwi; (iii) inform Heritage New Zealand and apply for

the appropriate authority if required; (iv) take appropriate action, after discussion

with Heritage New Zealand, the Council and Iwi to remedy damage and/or restore the site.

Note: in accordance with the Heritage New Zealand Pouhere Taonga Act 2014, where an archaeological site is present (or uncovered), an authority from Heritage New Zealand is required if the site is to be modified in any way. If land is identified on the District Plan Features Maps as being in the Archaeological Alert area there is a high risk

10



of archaeological material being uncovered during earthworks and consultation with Heritage New Zealand is recommended prior to undertaking earthworks.

Default discretionary rule Controlled activity Rule 3A.2.5

5. The modification of any indigenous vegetation, within the following zones:

Residential Zone

Beach Residential

Ngarara

…

excluding modification permitted under Rules 3A.1.4 that is:

i. within an ecological site listed in Schedule 3.1; or

ii. a key indigenous tree species listed in Schedule 3.2; or

iii. a key indigenous tree listed in Schedule 3.2A or

iv. a rare and threatened vegetation species listed in Schedule 3.3

v. is in or within 20 metres

of a water body or the

coastal marine area

where it not within the

urban environment,

Note: For notable trees listed in schedule 10.1 see rule 10A.2

Controlled activity standards 1. The modification of indigenous vegetation shall be

limited to: a) modification of vegetation that is damaged, dead or

dying; or has sustained storm damage; or is fatally diseased such that:

i. the indigenous vegetation is no longer independently viable or presents a risk of serious harm to people or property or risks damaging surrounding protected vegetation; and

ii. an arborist who has attained the New Zealand Qualifications Authority National Certificate in Arboriculture Level 4 or equivalent qualification has certified in writing that Condition (i) above is met.

Comment [ET12]: New- controlled activity rather than defaulting from permitted to

discretionary

11



Criteria for notification The written approval of persons will not be required and applications under this rule will not be served on any person or notified.

Default discretionary rule 3A.3.1 Restricted Discretionary rule 1. Trimming or modification of

any indigenous vegetation that is within the following zones:

Residential Zone

…

Ngarara

…

Rural Eco Hamlet

… a) within an ecological site

(Schedule 3.1); b) a key indigenous tree

(Schedule 3.2) c) a key indigenous tree

(Schedule 3.2A) d) is a rare and threatened

vegetation species (Schedule 3.3);

e) in or within 20 metres of a water body or the coastal marine area where is it not within an urban environment.;

and does not meet the permitted activity standards and is not a controlled activity under Rule 3A.2.5. Note: For trees listed as a notable

Restricted discretionary- matters of discretion Imposition of conditions necessary to avoid, remedy or mitigate effects on: 1. biodiversity values; 2. visual, urban character and amenity values; 3. the natural character of the coastal environment; 4. public safety; 5. any vegetation loss. 6. any vegetation loss. 9. Tāngata whenua values.

Comment [ET13]: New- R D activity rather than defaulting from permitted to discretionary

12



tree in (Schedule 10.1) see rule 10A.3.4.

Subdivision rules depend on whether an NDP is in place

3A.3.5 Restricted Discretionary rule Subdivision of land within outstanding natural features and landscapes and on land which contains ecological sites or geological features excluding subdivision in neighbourhoods of the Ngarara Zone and Ngarara Precinct under rules 5C.2.1 & 5C.4.2 and 5C.5.2 and 7A.3.7 Note: See Chapter 3 4: Coastal Environment, Chapter 5: Living Zones, Chapter 6: Working Zones, Chapter 7: Rural Zones, Chapter 8: Open Space and Private Recreation Zones, Chapter 9: Hazards, and Chapter 10: Historic Heritage for other relevant subdivision rules and standards.

Restricted Discretionary standard Ecological sites and geological features identified in Natural and Environment Schedule 3.1 and Schedule 3.6 that are located on the land being subdivided shall be shown on the scheme plan. Matters of discretion 1. The location of building areas relative to ecological

sites and geological features 2. Potential adverse effects of subsequent development

on ecological sites and geological features and on the values of outstanding natural feature and landscape areas identified in Natural Environment Schedule 3.4.

3. The design and layout of the subdivision including earthworks.

4. Methods to avoid or mitigate adverse effects, including fencing, landscape planting and other methods identified in Policy 3.7 of this Plan, or legal mechanisms for the protection of identified ecological sites and geological features having regard to the scale of the whole feature(s) and any existing legal protection.

8. The imposition of conditions in accordance with sections 108 and 220 of the Resource Management Act.

No ONL in Ngarara Zone 3A.3.6 Restricted Discretionary rule Buildings in outstanding natural landscapes which exceed permitted activity standard 3A.1.8.2 but which comply with all other permitted activity standards under Rule 3A.1.8. Note: This rule does not apply to Buildings in neighbourhoods of the Ngarara Zone and Ngarara

Matters of discretion 1. The location of any building area relative to the

boundaries of outstanding natural and landscape areas listed in Natural Environment Schedule 3.4 and shown on the District Plan Maps of this Plan, and relative to existing buildings on the building area.

2. The design, scale, and location of the building, including associated earthworks.

4. Visual and amenity effects. 5. Effects on the values of outstanding features and

landscapes areas identified in Natural Environment Schedule 3.4 of this Plan.

Comment [ET14]: New RD rule – need exemption for Ngarara Zone– suggest exemption to

this rule for Ngarara zone NDAs as set out in blue

Comment [ET15]: New issue for ngarara zone. New note recommended in blue

13



Precinct are addressed by under rules 5C.4.2 and 5C.5.3 and 7A.1.10 and 7A.3.6.

Default discretionary rule Discretionary activity rule 3A.4.1 Any activity which is not identified as a permitted, controlled, restricted discretionary or non-complying, and activities which do not comply with one or more of the permitted activity or controlled activity, restricted discretionary activity standards, except earthworks associated with activities permitted under Rules 9B1.4, 9B1.6 and 9B1.8.

N No ONL in Ngarara Discretionary activity rule 3A.4.4 Earthworks within outstanding

natural features and landscapes that do not comply with one or more standards in Rule 3A.2.4 or Rule 3A.3.9.

No Waahi Tapu site in Ngarara

Discretionary activity rule 3A.4.5 Planting of shelter belts within

ecological sites, geological features or historic heritage features.

No ONL in Ngarara Rule 3A.4.6 Planting of plantation forestry within outstanding natural features and landscapes, areas of outstanding natural character, areas of high natural character, ecological sites, geological features or historic heritage

Comment [ET16]: New for Ngarara zone but consistent with ONL’s in ODP where they occur

Comment [ET17]: New- limited impact for Ngarara due to ONL

14



features, except replanting within 1 calendar years from completing harvesting of a plantation forest existing at the time of notification of this District Plan.

No ONL in Ngarara 3A.5.1 Extractive Industries and landfills in outstanding natural landscapes

No ONL in Ngarara Non complying activity rule3A.5.2 Intensive farming activities in outstanding natural landscapes

Rule D.11.1.1 Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. (i) Ancillary buildings and structures, including fences, ancillary to an existing residential structure.

D.11.2.1 Permitted Activity Standards (xi) ANCILLARY BUILDINGS AND STRUCTURE Ancillary buildings and structures, including fences ancillary to an existing residential structure, shall not exceed 1.8m in height, and 1.5m on front boundaries and adjoining reserves, and have a gross floor area (GFA) of no greater than 10m² per site.

Ngarara zone permitted activity rule 5C.1.1 Any activity which is not listed as Controlled, Discretionary, Non-Complying or Prohibited

5C.1.1 Ngarara zone permitted activity standards 1A. The activity must comply with all relevant permitted

activity standards in Rule 5C.1 Table 5C.1 Permitted Activities

Rule D.11.1.1 Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. One dwelling on each lot designed and located in general accordance with an approved Neighbourhood Development Plan, or multi-unit development designed and located in general accordance with an approved Neighbourhood Development Plan

Ngarara zone permitted activity rule 5C.1.2 Unless otherwise specified under Rules 5C.2 – 5C.6, any activity within an identified Neighbourhood Development Area that is in accordance with a Neighbourhood Development Plan approved under Rule 5C.4.2.

Permitted activity standards 1. Any activity shall comply with the permitted activity

standards for the Residential Zone under Rule 5A.1, except: a) where otherwise stated by a Neighbourhood

Development Plan or condition of consent approved pursuant to Rule 5C.4.2; and

b) no more than one household unit shall be erected on any lot unless otherwise provided by a Neighbourhood Development Plan or condition of consent approved pursuant to Rule 5C.4.2.

Rule D.11.1.1 Ngarara zone permitted activity 5C.1.2 Permitted activity standards

Comment [ET18]: New- limited impact for ngarara

Comment [ET19]: New- limited impact for

ngarara

Comment [ET20]: Not specific and requires an NDP to be in place so does not apply to farm buildings

15



Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. (xii) Dwellings within an identified Neighbourhood Development Area, that are in accordance with a Council approved Neighbourhood Development Plan granted under Rule 11.1.3(B)(i).

rule 5C.1.2 Unless otherwise specified under Rules 5C.2 – 5C.6, any activity within an identified Neighbourhood Development Area that is in accordance with a Neighbourhood Development Plan approved under Rule 5C.4.2.

1. Any activity shall comply with the permitted activity standards for the Residential Zone under Rule 5A.1, except: a) where otherwise stated by a Neighbourhood

Development Plan or condition of consent approved pursuant to Rule 5C.4.2; and

b) no more than one household unit shall be erected on any lot unless otherwise provided by a Neighbourhood Development Plan or condition of consent approved pursuant to Rule 5C.4.2.

Rule D.11.1.2 The following are controlled activities, provided they comply with the controlled activity standards. (iii) Home occupations provided they comply with the controlled activity standards. The matters over which Council reserves control are: • The amenity of the locality is not detrimentally affected by noise, vibration, smell, fumes, smoke, dust, vapour, soot, ash, wastewater, waste products, grit, oil, electrical interference, appearance or any other nuisance.

(ii) HOME OCCUPATIONS Must be carried out within a complying dwelling or a building accessory to a dwelling, and shall comply with the following: (a) No source of motive power other than electric motors of not more than 0.56kw is used. (b) The floor area used (whether temporary or permanent) does not exceed 40m2. (c) No sign shall be displayed other than a sign of not more than 0.2m2 in area stating the name of the resident and the occupation. (d) No goods, whether partially or completely finished, shall be displayed or be in view of any person on a road or public place. (e) No more than one non-resident person shall be employed.

Ngarara Zone Controlled activity rule 5C.2.3 Home occupations.

5C.2.3 Controlled activity standards 1. Any home occupations must be carried out within a

complying residential building, and shall comply with the following:

a) no source of motive power other than electric motors of not more than 0.56kw shall be used;

b) the maximum floor area used (whether temporary or permanent) shall not exceed 40m

2;

c) no sign shall be displayed other than a sign of not more than 0.2m

2 in area stating the name of the

resident and the occupation; d) no goods, whether partially or completely

finished, shall be displayed or be in view of any person on a road or public place; and

e) not have more than one non-resident person working on the property.

Matters of control 1. The imposition of conditions to manage Ccharacter

and amenity effects. 2. Nuisance effects. 3. Transport effects. 4. Landscaping. 5. Cumulative effects. 6. The extent of consistency with the Structure Plan for

16



the Zone including the Ngārara Zone Neighbourhood Development Areas contained within Appendix 5.7 and Appendix 5.8.

Rule D.11.1.2 The following are controlled activities, provided they comply with the controlled activity standards. (i) Subdivision within an identified Neighbourhood Development Area that is in accordance with a Council approved Neighbourhood Development Plan granted under Rule 11.1.3(B)(i). Appendix 2.

D.11.2.2 Standards (i) FINANCIAL CONTRIBUTIONS The payment of all financial contributions in respect of a controlled activity as provided for in Part E of this plan shall be made before the commencement of that activity. The matters over which Council reserves control are: • The design and layout of the subdivision including earthworks and the degree of compliance with the Kapiti Coast District Council Subdivision and Development Principles and Requirements 2005. • The installation of water saving devices and energy efficient technologies. • The imposition of financial contributions in accordance with Part E of the District Plan. • The imposition of conditions in accordance with Section 220 of the Resource Management Act. • Consistency with the Structure Plan (Appendix 1) within the Ngarara Zone. • Potential adverse effects of subdivision on significant and wetlands, and waterbodies on site. • The provision of foot and cycle pathways and the provision of access for public transport. • Water supply and demand management, stormwater management and wastewater management. n determining what conditions if any to impose, the Council will have regard to the following criteria: 1. The extent of consistency with the Council’s Subdivision and Development Principles and Requirements and Subdivision Best Practice Guide. 2. The extent of consistency with the Structure Plan for the Zone including the Ngarara Zone

Controlled activity rule 5C.2.1 Subdivision within an identified Neighbourhood Development Area that is in general accordance with a Neighbourhood Development Plan approved under Rule 5C.4.2.

Controlled activity standards 1. In addition to being in general accordance with an

approved Neighbourhood Development Plan, any subdivision shall also be in accordance with any conditions of consent required by the subdivision consent granted in conjunction with the approved Neighbourhood Development Plan.

Matters of control 1. The design and layout of the subdivision and any

associated earthworks. 2. The imposition of conditions to manage character

and amenity effects. 3. Landscaping. 4. The design, size, shape and location of reserves and

esplanades. 5. The imposition of conditions in accordance with

Council’s Subdivision and Development Principles and Requirements 2012.

6. The imposition of financial contributions in accordance with Chapter 12 of this Plan. Note: Other contributions may be applicable under the provisions of the Local Government Act 2002.

7. The imposition of conditions in accordance with sections 108 and 220 of the Resource Management Act 1991.

8. Vehicle access points onto legal road including the State Highway Network and any transport effects.

9. Any legal mechanisms required for legal access. 11. The location of any associated building site(s)

relative to any identified natural hazards features, historic heritage features, notable tree, ecological site, key indigenous tree, rare and threatened vegetation species, geological feature site, outstanding natural landscape or area of high natural characterand sensitive natural feature.

Comment [ET21]: Additional matters of control (in yellow)

17



Neighbourhood Development Areas contained within D.11 Appendix 1 and Ngarara Zone Management Principles contained within D.11

12. Stormwater management. 13. Water management and water saving initiatives. 14. The extent of consistency with the Structure Plan for

the Zone including the Ngaārara Zone Neighbourhood Development Areas contained within Appendix 5.7 and Appendix 5.8.

Rule D.11.1.2 The following are controlled activities, provided they comply with the controlled activity standards. (ii) Non residential activities, retail and commercial activities land use activities (not specified as permitted activities under Rule D.11.1.1), including structures and buildings, within an identified Neighbourhood Development Area, that is in accordance with a Council approved Neighbourhood Development Plan granted under Rule 11.1.3(B)(i).

The matters over which Council reserves control are: • The installation of water saving devices and energy efficient technologies. • Consistency with the Structure Plan for the Zone including the Ngarara Zone Neighbourhood Development Areas contained within D.11 Appendix 1, and Ngarara Zone Management Principles contained within D.11 Appendix 2. • Ecological health of significant wetlands, and waterbodies on site. • The provision of foot and cycle pathways and the provision of access for public transport. • Integrated traffic management

Controlled activity Rule 5C.2.2 Any non-residential activity, retail or commercial activity not specified as a permitted activity under Rule 5C.1.2 that is in general accordance with a Neighbourhood Development Plan approved under Rule 5C.4.2.

Matters of control 1. The installation of water saving devices and energy

efficient technologies. 2. The extent of consistency with the Structure Plan for

the Zone including the Ngārara Zone Neighbourhood Development Areas contained within Appendix 5.7 and Appendix 5.8

3. Ecological health of significant wetlands, and waterbodies on-site.

4. The provision of foot and cycle pathways and the provision of access for public transport.

5. The imposition of conditions in accordance with section 108 of the Resource Management Act 1991.

6. The imposition of conditions in accordance with Council’s Subdivision and Development Principles and Requirements (2012).

7. The imposition of financial contributions in accordance with Chapter 12 of this Plan. Note: Other contributions may be applicable under the provisions of the Local Government Act 2002.

8. Integrated traffic management and transport effects. 9. Natural hazard risk management.

Comment [ET22]: New matters of control (5-7) are automatic requirements of the act ,Matter 9 is optional and could be removed if clearly addressed

as part of NDP consent

18



Rule D.11.1.1 Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. (xiii) All other activities, which are not listed as CONTROLLED, DISCRETIONARY, or NON-COMPLYING and which comply with all the permitted activity standards

D.11.2.1 Permitted Activity Standards (i) ACCESS TO PREMISES No barricade or structure shall be placed on any property so as to preclude or inhibit entry by the Police or any authorised officer. (ii) DUST AND ODOUR Land use activities shall not generate airborne contaminants which create a nuisance at or beyond the boundary of a site, or to the existing transmission infrastructure. For the purposes of this standard, nuisances are contaminants which are not subject to a discharge consent and which are temporary or intermittent in nature. Nuisances include: (a) Dust (b) Offensive or objectionable odour (iv) HAZARDOUS SUBSTANCES • Compliance with the Hazardous Facility Standards in Part M of this Plan. • No activity shall exceed a hazardous facility threshold (effects ratio) of 0.02.res. (v) LIGHTING Any lighting shall be directed so that spill of light will be contained within the boundaries of the site. Light level from the activity on the site shall not exceed 10 lux, measured 1.5 metres inside the boundary of any adjoining rural or residential property. This standard does not apply to street lighting on roads. (vi) PARKING, LOADING AND ACCESS Compliance with the parking, loading and access standards in Part J of this Plan, or in accordance with conditions of an approved Neighbourhood Development Plan. (vii) RADIATION No discharge of radiation measured at the boundary of the site is to have a significant adverse effect on the environment. Council will accept, as compliance with this standard, activities which comply with New Zealand Standard NZS 2772.1 (viii) SIGNS Compliance with the sign standards in Part L.2 of this Plan. (xii) FINANCIAL CONTRIBUTIONS The payment of all financial contributions in respect of a controlled activity as provided for in Part E of this plan shall be made before the commencement of that activity. (xv) NOISE (a) Non Residential Activities All non-residential activities, other than transportation

Rule 9B.1A.1 Any building or structure in any zone. Rule 12D.1.1 Noise from non-residential activities and fixed plant located within the Living Zones.

Permitted Activity Standards for 9B.1A.1 Separation from Waterbodies 1. Buildings must not be sited within the River Corridor

or Stream Corridor unless they are permitted activities under Rule 9B.1.8);

2. For the unsurveyed stream corridor and other water bodies, including ephemeral and intermittent rivers or streams, the minimum setback for any building or structure (other than a bridge or culvert structure for which a resource consent is required from the Regional Council) from the natural banks of any waterbody greater than 3 metres wide shall be 10 metres; and

3. For streams/drains less than 3 metres wide, the minimum setback shall be 5 metres where the average width of the stream or waterbody is measured as an average within the site property; and

4. Buildings shall not be sited within 5 metres of a lake.

12D.1.1 Permitted activity standards 1. Excluding the activities provided for in Rules 12D.1.78

- 12D.1.13, noise emission levels shall comply with the following limits when measured at, or within the boundary of, a site zoned:

Noise when

measured at

or within the

boundary of a

site zoned:

Daytime

(7 am to 7

pm)

Evening

(7pm to

10pm)

Night Time (10pm

to 7 am)

LAeq

(15 min)

LAeq

(15 min)

LAeq

(15

min)

LAF,

max

Living 45 dB 4540 dB 40 dB 70 dB

Rural 55 dB 45 dB 40 dB 70 dB

2. Compliance locations in Rural Zones shall be at the

notional boundary of any household unit. 4. Sound and shall be assessed in accordance with

NZS6802:2008 Acoustics – Environmental Noise. 5. The following activities are exempt from standard 1

above: a) Any residential activity including non-commercial

private gatherings, spontaneous social activities and non-commercial children’s play.

b) Any warning device used by emergency services

Comment [ET23]: New as a specific standard in Ngarara zone, consistent across all zones

Comment [ET24]: Noise standards for residential plant are new for all zones

19



Rule D.11.1.2 The following are controlled activities, provided they comply with the controlled activity standards. (iv) Temporary events and associated structures that are longer than 6 hours but no more than three days duration and that occur no more than once in any three month period, where all the controlled activity standards are complied with.

The matters over which Council reserves control are: • Lighting and noise levels; • Structures; • Signage; • Access; • Traffic and parking management; • Post event management; • Risk management; and • Provision of amenities including toilets, rubbish collection and water supply.

Restricted discretionary Rule 12B.2.1 Temporary events in all zones that do not meet one or more of the permitted activity standards.

Matters of discretion Amenity Values 1. The nature, duration, hours of operation and

frequency of the activity and any cumulative effects on amenity values.

2. The noise effects of the proposal, including the nature of the noise and the duration of any amplified sound.

3. The visual, dust, light spill and glare, odour and vibration effects of the event.

Environment 4. The sensitivity of the receiving environment 5. Effects on the natural environment including natural

landscapes, native vegetation and habitats and fauna. 6. The effect of the activity on cultural, heritage and

public recreational values. 7. Reverse sensitivity effects on existing activities. 8. Effects on the operation of any existing activity. Waste, health and safety 9. Arrangement is made for waste management through

a Waste Management Plan that shall include: a) The method for the waste and recyclable material

to be collected from the site to be reused, recycled and disposed of;

b) The arrangements for site clean-up, including removal of litter; and

c) The provision for adequate sanitation facilities to service the activity.

10. Effects relating to natural hazards, and risk from contaminated land.

11. Emergency management and public safety. Traffic 12. The traffic effects of the activity on the safety and

efficiency of the surrounding transport network and the amenity of the surrounding area.

13. The provision for vehicle access, servicing and car parking.

14. The provision of temporary traffic management measures to mitigate the traffic effects of the proposal.

Comment [ET25]: Change from controlled to Restricted discretionary activity

Comment [ET26]: Matters are more specific and detailed

20



15. The provision made for pedestrian access and safety. 16. Methods to encourage the use of alternative transport

modes (such as public transport, cycling and walking). General 17. Level of compliance with the other relevant permitted

activity standards.

Rule D.11.1.2 The following are controlled activities, provided they comply with the controlled activity standards. (v) Earthworks within the Residual Overflow Path which do not comply with the Permitted Activity Standards and any new or relocatable building within the Residual Over Flow Path.

Matters of control The matters over which the Council reserves control are: • The degree to which earthworks or buildings will obstruct or provide pathways for overflow flooding; • The design of earthworks; and • The siting of new or relocatable buildings. Criteria for Notification The resource consent application shall be considered without the need to obtain the written approval of affected persons and need not be publicly notified.

Permitted activity Rule 9B.1.4 Earthworks except where associated with the matters listed below: a) This rule does not limit

earthworks associated with: ii. the maintenance of a

watercourse or stormwater control;

v. maintenance activities within the legal road; private farm tracks which are ancillary to permitted farming activities and are not within an outstanding natural landscape

vi. residual ponding areas where the earthworks permitted activity standards for the relevant zone are complied with. (see chapter 3 for policies and rules on earthworks)

b) earthworks subject to rule

9B.2.1 (ie within a flood storage or fill control area)

9B.1.4Standards 1. In an overflow path or residual overflow path

(excluding fill which is addressed in Rule 9B.4.3), earthworks:

d) shall not involve the disturbance of more than 10m

3 of land in any 10 year period;

e) shall not alter the existing original ground level by more than 0.5 metres, measured vertically; and

f) The earthworks shall not impede the flow of floodwaters.

4. In ponding areas (excluding residual ponding areas)

and shallow surface flow areas, earthworks: c) Shall not involve the disturbance of more than

20m3 (volume) of land in any 10 year period;

and d) shall not alter the existing original ground level

by more than 1.0 metre, measured vertically.

5. In a Stream corridor or River corridor (excluding fill which is addressed in Rule 9B.4.2), earthworks:

c) shall not exceed 10m3 in any 10 year period.

This standard applies whether in relation to a particular work or as a total or cumulative; and

d) must be carried out by Wellington Regional Council, Kapiti Coast District Council, the Department of Conservation or their nominated contractors.

Note: Any works carried out within the bed of lakes and rivers are within the jurisdiction of Wellington Regional

21



Council and are not covered in this District Plan.

Rule D.11.1.3 (A) The following are

Restricted Discretionary Activities:

(i)Earthworks that do not comply with the permitted activity standards D.11.2.1 – Earthworks (iii).

Rule 9B.3.3 In an overflow path, or residual overflow path, fill earthworks, or earthworks which do not comply with one or more of the permitted activity standards under Rule 9B.1.4. This rule does not apply to earthworks associated with the matters listed in (a)(i) to (vi) of Rule 9B.1.4. Rule 3A.3.7 Restricted Discretionary rule Earthworks not complying with one or more of the permitted activity standards in Rule 3A.1.7 or Rule 3A.1.9

Rule 9B.3.3 Matters of discretion 1. The effect of the earthworks on the effective

functioning of the overflow path, residual overflow path or ponding or shallow surface flow area.

2. The avoidance or mitigation of adverse effects on the effective functioning of the overflow path, residual overflow path or ponding or shallow surface flow area.

Rule 3A.3.7 Matters of discretion 1. The degree of compliance with the Kapiti Coast

District Council Subdivision and Development Principles and Requirements 2012.

2. The effects on water collection areas. 3. The degree of compliance with any applicable

Environmental Management Plan or Structure Plan applicable to the development.

4. Ecological effects. 5. Visual and amenity effects.

Rule D.11.1.3 (B) The following are Discretionary Activities (i) Development of a Neighbourhood Development Area, as identified in the Structure Plan attached as Part D.11: Ngarara Zone - Appendix 1.

D11.2.3 Discretionary Activity Standards (iv) NEIGHBOURHOOD DEVELOPMENT PLAN An application for consent for a Neighbourhood Development Plan under Rule 11.1.3(B)(i) shall contain the following: • A Master plan detailing: Roading and access arrangements, servicing provisions (wastewater, water, power and telecommunications), stormwater provisions, proposed activities and specific locations, bulk and location standards, open space network, • A plan identifying proposed property boundaries and future staging of development (whether or not subdivision consent is concurrently being sought). • An assessment of effects, including appropriate reports. • A statement regarding consultation, including consultation with Vector Gas Limited for development within the gas pipeline easement.

Discretionary Activity Rule 5C.4.2 Development of a Neighbourhood Development Area, as identified in the Structure Plan included in Appendix 5.7

General Requirements – Subdivision application and Neighbourhood Development Plan 1. A Neighbourhood Development Plan and an

application for subdivision consent shall be submitted with any resource consent application for development of any Neighbourhood Development Area.

2. Any conditions required to be complied with on a

continuing basis will be secured against the title of the Neighbourhood Development Area.

Note: Details approved as part of the Neighbourhood Development Plan and subdivision may be incorporated by reference into the District Plan by a subsequent Plan change. Any subsequent consent applications will have to comply with the controls and conditions that apply as a result.

Comment [ET27]: New matters of discretion. Operative rule is ultra vires as discretion is not described

Comment [ET28]: New matters of discretion. Operative rule is ultra vires as discretion is not

described

22



An outline of covenants that will apply to both public and private areas. • An outline of the open space network and proposed protection mechanisms • Ownership arrangement details and Management Frameworks for the open space areas. • Landscape Concept containing form, character, activities and typical materials. • A design statement for future buildings. • Earthworks Plan showing cut and fill, and vegetation to be retained or removed. • For the Totara Dunes, Nga Manu, and parts of Ti Kouka, Waimeha, Kanuka Ridge and Homestead Dunes Neighbourhood Development Areas, an ecological assessment shall be undertaken by a qualified ecologist, to determine the precise extent of Kawakahia wetland (K066) and Nga Manu Bush (K133) Ecosites and the potential effect of development on their ecological health. The Ngarara Structure Plan requires a minimum 20m and 50m open space wetland buffer. The ecological assessment will determine whether a wider open space wetland buffer is necessary to avoid or mitigate effects on the ecological health and protection of indigenous flora and fauna from development activities which include but are not limited to the following: - Roading infrastructure - Earthworks - Residential housing - Stormwater and wastewater - Recreational facilities - Human activity The ecological assessment will also determine whether other additional measures are necessary to avoid or mitigate effects, for example, connections and wildlife corridors, roading alignment and design, house lot restrictions, restrictive covenants and stormwater infiltration. • An Environmental Management Plan is to be prepared jointly by a landscape architect and suitably

General requirements – Subdivision 3. The subdivision application required under standard

(1) above shall define: a) the extent of the Neighbourhood Development

Area concerned; b) the roading and open space network proposed; c) the areas to be developed; and d) any easements, controls, covenants or other

provisions to be complied with on a continuing basis.

Note: for the avoidance of doubt, subsequent subdivision that is undertaken in accordance with an approved Neighbourhood Development Plan is a controlled activity under Rule 5C.2.1. General requirements – Neighbourhood Development Plan 4. An application for consent for a Neighbourhood

Development Plan shall contain the following: a) a master plan detailing: Roading and access

arrangements, servicing provisions (wastewater, water, power and telecommunications), stormwater provisions, proposed activities and specific locations, bulk and location standards, open space network;

b) a plan identifying proposed property boundaries and future staging of development (whether or not subdivision consent is concurrently being sought);

c) evidence that each future lot used for residential purposes will provide a building areasite above the 1% Annual Exceedence Probability flood event and a minimum road frontage of 6 metres,

d) an assessment of effects, including appropriate reports;

e) a statement regarding consultation, including consultation with Vector Gas Limited for development within the gas pipeline easement;

f) an outline of covenants that will apply to both

23



qualified ecologist in consultation with a stormwater engineer and Council. The Environmental Management Plan shall aim to ensure the development and protection of healthy wetlands and streams, and their integration with public access, visual screening, and stormwater management. It shall include but not be limited to, the following matters: (a) The identification and protection of threatened wetland plant, bird and fish species. (b) The design and management of wetland systems to ensure ecological health is maintained. (c) The design and management of watercourses to ensure corridors are maintained for movement of freshwater fish. (d) The integration of waterways with stormwater management systems to ensure water quality is maintained and ecological values are protected. (e) Integration of public access including cycleways, walkways and bridleways required to give effect to the objectives and policies. (f) Integrated planting for shelter, screening and public open space. (g) Timeframes to complete any works required. (h) Monitoring and reporting to Council on the achievement of the EMP’s intended outcomes. Monitoring shall include but not be limited to assessment of the following criteria: (i) Water cleansing - capture of runoff/stormwater; - treatment of sediments or pollutant; and - prevention of soil erosion and stream bank protection. (ii) Habitat services - condition and coverage of native vegetation; - presence of exotic and/or invasive plant species; - connection to adjacent wildlife habitat; - health of adjacent aquatic habitat; and - evidence of human disturbance. (i) Ongoing maintenance. (j) Base line water monitoring.

public and private areas; g) an outline of the open space network and

proposed protection mechanisms; h) ownership arrangement details and Management

Frameworks for the open space areas; i) landscape concept containing form, character,

activities and typical materials; j) a design statement for future buildings; k) an earthworks plan showing cut and fill, and

vegetation to be retained or removed.

Ecological Assessment 5. For the Totara Dunes, Ngā Manu, and parts of Ti

Kouka, Waimeha, Kanuka Ridge and Homestead Dunes Neighbourhood Development Areas, an ecological assessment shall be provided from a qualified ecologist, to determine:

a) the precise extent of Kawakahia wetland (K066)

and Ngā Manu Bush (K133) Ecological sites and the potential effect of development on their ecological health;

b) whether the minimum required open space wetland buffer required by the Ngaārara Structure Plan (20 and 50 metres) is sufficient to avoid or mitigate effects on the ecological health and protection of indigenous flora and fauna from development activities which include, but are not limited to:

i. roading infrastructure; ii. earthworks; iii. residential housing; iv. stormwater and wastewater; v. recreational facilities; and vi. human activity;

c) whether other additional measures are necessary to avoid or mitigate effects, for example, connections and wildlife corridors, roading alignment and design, house lot restrictions, restrictive covenants and stormwater infiltration.

24



(j) Base line water monitoring. (k) Base line indigenous fauna monitoring including impacts on indigenous fauna • Stormwater Management Plan: The stormwater management plan shall aim to minimise the impact from stormwater run off on surrounding waterbodies; and to ensure the protection and enhancement of natural values. It shall include but not be limited to, the following matters: (a) Ensure that no more than minor effects are created through the development in each NDP with an overall aim of achieving benefits to current water quality and flooding risks. (b) Identify the forms of low impact stormwater technology to be utilised from the site development, e.g. including swales, rain gardens, roof runoff water tanks. Note: The development of the storm water management plan is to be coordinated with development of the Environmental Management Plan to ensure integration of reticulation, treatment, and end of pipe solutions with management and hydrology of natural wetlands and waterbodies. Integration of storm water treatment and management is to recognise Greater Wellington Regional Council publications “Mind the Stream”; “So you’re thinking about a pond”; and “Understanding the Wet in Wetlands”. • Archaeological Survey and Assessment: (a) The Archaeological Survey and Assessment is to include a comprehensive archaeological survey of the Neighbourhood Development Area for which resource consent is sought, using appropriate and current technology, to record all sites present, in so far as this is possible. (b) The archaeologist should use the results of the survey to contribute towards development of the neighbourhood layout, noting areas which should be set aside as reserves, and deterring the layout and road alignment. (c) The archaeologist should identify specific sites

Environmental Management Plan 6. An Environmental Management Plan (“EMP”) is to be

prepared jointly by a landscape architect and suitably qualified ecologist in consultation with a stormwater engineer and Council. The EMP shall aim to ensure the development and protection of healthy wetlands and streams, and their integration with public access, visual screening, and stormwater management. It shall include but not be limited to, the following matters: a) the identification and protection of threatened

wetland plant, bird and fish species; b) the design and management of wetland systems

to ensure ecological health is maintained; c) the design and management of watercourses to

ensure corridors are maintained for movement of freshwater fish;

d) The integration of waterways with stormwater management systems to ensure water quality is maintained and ecological values are protected;

e) integration of public access including cycleways, walkways and bridleways required to give effect to the objectives and policies;

f) integrated planting for shelter, screening and public open space;

g) timeframes to complete any works required; h) monitoring and reporting to Council on the

achievement of the EMP’s intended outcomes. Monitoring shall include but not be limited to assessment of the following criteria:

Water Cleansing: i. capture of runoff/stormwater; ii. treatment of sediments or pollutant; and iii. prevention of soil erosion and stream bank

protection. Habitat Services:

iv. condition and coverage of native vegetation;

v. presence of exotic or invasive plant species;

vi. connection to adjacent wildlife habitat;

25



that could be investigated, to address the research themes noted above, and further research themes that are developed in the intervening time. (d) The developer will need to apply to the Historic Places Trust for an authority to modify, damage or destroy sites, prior to any earthworks for each neighbourhood Integrated Traffic Assessment: Development of each NDA within the Zone shall prepare an Integrated Traffic Assessment to determine whether or not traffic effects on local (Kapiti Coast) and regional road networks are manageable and/or what measures are needed to avoid, remedy or mitigate these effects to an acceptable level. For the Waimeha NDA, the ITA shall address the traffic effects in excess of those from a threshold totalling 265 household units. The assessment shall include consideration of: (a) Trip generation (b) Public transport provision (c) Walk and cycling planning (d) Emissions (e) Travel plan (f) Intersection capability (v) DEFINITION OF NEIGHBOURHOOD DEVELOPMENT AREAS An application for consent for a Neighbourhood Development Plan under Rule 11.1.3(B)(i) shall be accompanied by an application for subdivision consent under Rule 11.1.3.(B)(ii) to define the extent of the Neighbourhood Development Area concerned, the roading and open space network proposed, the areas to be developed and any easements, controls, covenants or other provisions to be complied with on a continuing basis.

vii. health of adjacent aquatic habitat; and viii. evidence of human disturbance.

Other Matters:

i. ongoing maintenance; ii. base line water monitoring; iii. base line indigenous fauna monitoring

including impacts on indigenous fauna iv. outstanding natural features and

landscapes.

Stormwater and Flood Management Plan 7. A Stormwater and Flood Management Plan (“SFMP”)

shall be provided. The SFMP shall aim to minimise the impact from stormwater run off on surrounding waterbodies; ensure any flood hazard risk is managed; and to ensure the protection and enhancement of natural values. It shall include, but not be limited to, the following matters: a) an assessment of effects with overall aims of

demonstrating that no more than minor effects are created through the development in each NDPNeighbourhood Development Plan and that overall benefits to current water quality and flooding risks are achieved; and

b) specific descriptions of the forms of low impact stormwater technology to be utilised for the Neighbourhood Development Area development, e.g. including swales, rain gardens, roof runoff water tanks.

Note: The development of the SFMP is to be coordinated with development of the EMP to ensure integration of reticulation, treatment, and end of pipe solutions with management and hydrology of natural wetlands and waterbodies. Integration of storm water treatment and management shall consider the Greater Wellington Regional Council publications “Mind the Stream”; “So you’re thinking about a pond”; and “Understanding the Wet in Wetlands”.

26



Rule D.11.1.3 (B) The following are Discretionary Activities (i) Development of a Neighbourhood Development Area, as identified in the Structure Plan attached as Part D.11: Ngarara Zone - Appendix 1.

Discretionary activity standards (i) Development within Totara Dunes Neighbourhood Development Areas and those parts of Ti Kouka, Waimeha and Homestead Neighbourhood Development Areas that adjoin the Kawakahia Wetland (K066) shall meet the following: An Open Space Wetland Buffer no less than 20m in width shall be established around wetlands and streams, a 50m minimum buffer is required for those areas shown as “Open Space Wetland Buffer (50m buffer)” on the Ngarara Structure Plan (Part D:11 Appendix 1) subject to an ecological assessment determining whether a wider buffer is required; • For wetland buffers less than 50m in width, a 10m building setback from the inland boundary of the buffer is required: for wetland buffers 50m or greater in width, no building setback is required; • No structures within Open Space Wetland Buffers except for structures associated with passive recreation and conservation activities; The ownership and management structure of the public open space within these Neighbourhood Development Areas is defined; • An Environmental Management Plan is prepared that complies with Appendix 1 and 2; • All wastewater shall be reticulated and all waste control structures shall be fully contained to ensure no leakage or groundwater infiltration; • No untreated stormwater shall be discharged to natural wetlands • All stormwater discharges are appropriately treated prior to discharge to ground on site; • Individual building platforms within each lot and associated services are defined; and • Locally sourced indigenous species will be used for all planting.

Restricted discretionary activity Rule 5C.3.1 Development within Totara Dunes Neighbourhood Development Areas and those parts of Ti Kouka, Waimeha and Homestead Neighbourhood Development Areas that adjoin the Kawakahia Wetland (K066) that is in accordance with an approved Neighbourhood Development Plan.

Restricted discretionary standards 2. An open space wetland buffer of no less than 20

metres in width shall be established around wetlands and streams, except that a buffer of no less than 50 metres in width shall be required for those areas shown as “Open Space Wetland Buffer (50m Buffer)” on the Ngaārara Structure Plan.

3. For wetland buffers: a) less than 50 metres in width, a 10 metre building

setback from the inland boundary of the buffer is required; and

b) 50 metres in width or greater, no building setback is required.

4. No structures shall be located within open space

wetland buffers except for structures associated with passive recreation and conservation activities.

5. The ownership and management structure of the

public open space within the Neighbourhood Development Areas subject to this rule shall be defined and provided with an application for consent.

6. An Environmental Management Plan shall be

prepared in accordance with Appendix 5.7 and Appendix 5.8

7. All wastewater shall be reticulated and all waste

control structures shall be fully contained to ensure no leakage or groundwater filtration.

8. No untreated stormwater shall be discharged to

natural wetlands. 9. All stormwater discharges shall be treated prior to

discharge to ground on-site in accordance with approved stormwater management processes.

10. Individual building platforms within each lot and

associated services shall be defined.

Comment [ET29]: Additional wording

27



11. Locally sourced indigenous species will be used for all

planting. 12. The Esplanade Reserve and Esplanade Strip

provisions of Schedule 8.1 shall be complied with.

Rule D.11.1.3 (B) The following are Discretionary Activities (ii) Subdivision when sought in conjunction with a Neighbourhood Development Plan under Rule 11.1.3(B)(i). A Neighbourhood Development Plan (Master Plan) and an application for subdivision consent are required to be submitted with any resource consent application for development of a Neighbourhood Development Area. Details of the information to be included are provided under D.11.2.3. Any conditions required to be complied with on a continuing basis will be secured against the title of the Neighbourhood Development Area. Details approved as part of the Master Plan Neighbourhood Development Stage may be incorporated by reference into the District Plan by a subsequent plan change. Any subsequent consents (subdivision or land use) will have to comply with the controls and conditions that apply as a result of the approved

D11.2.3 Discretionary Activity Standards (ii) SUBDIVISION Each lot shall have; a) a building site above the 1 in 100yr flood event. All weather access to the dwelling shall not adversely affect the flood hazard; and b) a minimum frontage of 6m. (iii) FINANCIAL CONTRIBUTIONS The payment of all financial contributions in respect of a discretionary activity as provided for in Part E of this plan shall be made before the commencement of that activity.

Discretionary activity rule 5C.4.2 Subdivision when sought in conjunction with the Ddevelopment of a Neighbourhood Development Area, as identified in the Structure Plan included in Appendix 5.7

Standards General Requirements – Subdivision application and Neighbourhood Development Plan 1. A Neighbourhood Development Plan and an

application for subdivision consent shall be submitted with any resource consent application for development of any Neighbourhood Development Area.

2. Any conditions required to be complied with on a

continuing basis will be secured against the title of the Neighbourhood Development Area.

Note: Details approved as part of the Neighbourhood Development Plan and subdivision may be incorporated by reference into the District Plan by a subsequent Plan change. Any subsequent consent applications will have to comply with the controls and conditions that apply as a result. General requirements – Subdivision 3. The subdivision application required under standard

(1) above shall define: e) the extent of the Neighbourhood Development

Area concerned; f) the roading and open space network proposed; g) the areas to be developed; and h) any easements, controls, covenants or other

provisions to be complied with on a continuing basis.

Note: for the avoidance of doubt, subsequent subdivision that is undertaken in accordance with an approved

Comment [ET30]: New standard

Comment [ET31]: Different wording suggested

amendment to better align intent of PC80 in blue

28



Neighbourhood Development Plan and subdivision consent. In determining whether to grant consent under D.11.1.3 B(i) and (ii) and if so, what conditions if any to impose, the Council will have regard to the following criteria: 1. The extent of consistency with the Council’s Subdivision and Development Principles and Requirements 2005 and Subdivision Best Practice Guide. 2. The extent of consistency with the Structure Plan for the Zone including the Ngarara Zone Neighbourhood Development Areas contained within D.11 Appendix 1 and Ngarara Zone Management Principles contained within D.11 Appendix 2. 3. The adequacy of water supply and demand management, stormwater management and wastewater management systems to serve the development. 4. The avoidance of adverse impacts on the ecological health of the Kawakahia Wetland (K066 Ecological Site) Nga Manu Bush (K133 Ecological Site) and streams on site. 5. The adequacy of provisions for the integrated management of traffic effects including provision of foot and cycle pathways, and access for public.

Neighbourhood Development Plan is a controlled activity under Rule 5C.2.1. ….

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6. The consideration of natural hazards. 7. Compliance with Esplanade Reserve/Strip standards in Part H of this plan.

Rule D.11.1.3 (B) The following are Discretionary Activities (iii) Any network utility which is not a permitted activity.

Restricted discretionary Infrastructure Rule 11A.3.1 5.The minor upgrading, or upgrading, including replacement, of an existing network utility that is not a permitted activity under Rule 11A.1.45.

11A.3.1 Standards The upgrading of the network utility shall must comply with permitted activity standards under Rule 11A.1.32. Matters of discretion 1. Any positive effects to be derived for the activity. 2. Any opportunities to reduce existing adverse effects

on sensitive activities. 3. Health and safety. 4. Layout, design, and materials. 5. Visual effects. 6. Context and surroundings. 7. Effects on an ecological site, geological featuresite,

outstanding natural landscape, or area of outstanding or high natural character sensitive natural features.

8. Effect on natural character. 9. Effects on historic heritage. 10. Visual, character and amenity effects. 11. Ecological or biodiversity effects. 12. Adequacy of the methods of mitigation/remediation or

ongoing management. Imposition of conditions accordance with section 102 and

Comment [ET32]: More specific rule with less restrictive category

30



108 of RMA.

Discretionary activity Rule D.11.1.3 (B) The following are Discretionary Activities (iv) The addition or construction of buildings (excluding accessory buildings) or structures within 20m each side of the centre-line of high voltage transmission lines designed to operate at or over 110kV. Advice note: Not withstanding this rule, all buildings and the use of mobile plant must comply with the requirements of the New Zealand Electrical Code of Practice 34:2001 (NZECP 34:2001).

Rule 11C.1.1 Activities, buildings and structures located within the National Grid Yard, identified as a permitted activity under Rule 11C.1.

General Permitted activity standards Buildings and structures within any National Grid Yard shall:

1. provide a minimum vertical clearance distance of 10 metres below the lowest point of the conductor associated with a National Grid line shown on the Planning Maps; or

2. demonstrate compliance with Sections 2 and 3 of NZECP34:2001.

Advice notes: Please contact Transpower or a suitably qualified engineer for assistance with clearance requirements in NZECP 34:2001. Compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP34:2001) is mandatory under the Electricity Act 1992. All activities regulated by NZECP34, including buildings, structures, earthworks and the operation of mobile plant, must comply with that regulation. Activities should be checked for compliance even if they are permitted by the District Plan. Vegetation to be planted within the National Grid Yard as shown on the District Plan Maps should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003 or prevent access to support structures. To discuss works, including tree planting near any electricity line especially works within the transmission corridor; contact the relevant network utility operator.

Rule D.11.1.3 (B) The following are Discretionary Activities (v) Non-residential buildings in river corridors, ponding areas and overflow paths.

Non-complying activity Rule 9B.5.3

Comment [SH33]: Is this highlighted for a reason?

31



The construction, placement or erection of any building in the River corridor or stream corridor except where related to gravel extraction activities and permitted by Rule 9B.1.8 or restricted discretionary activity under rule 9B.3.1 or structures permitted under Rule 9B.1.6.

Rule D.11.1.3 (B) The following are Discretionary Activities (vi) All other activities which are not listed as NON-COMPLYING and all other activities which do not comply with one or more of the permitted or controlled activity standards. Criteria for Notification In general, applications will be notified. An application may not be notified if the effects of the activity are minor and the written consent is obtained from adversely affected persons (unless the Council considers it unreasonable in the circumstances to do so).

Ngarara Zone Discretionary Activity rule5C.4.1 Any activity in the Ngārara Zone which is not identified as permitted, controlled, restricted discretionary, non-complying or prohibited.

D.11.1.4 The following are non-complying activities: (i) Land use activities (not

specified as Permitted Activities under Rule D.11.1.1), including structure and buildings not identified as anticipated activities in the corresponding

Non-complying activity rule 5C.5.1 Any land use activity that is not specified as a permitted activity under Rule 5C.1, or is not identified as an anticipated activity in the corresponding Neighbourhood Development Area for the respective site, or is not in accordance with or subject

Comment [ET34]: Slight difference in words

32



Neighbourhood Development Area for the respective site; or not in accordance with or subject to an approved Neighbourhood Development Plan granted under Rule 11.1.3(B)(i).

Note: FINANCIAL CONTRIBUTIONS Council may require financial contributions as a condition of resource consent in accordance with Part E of the Plan. Criteria for Notification (i) In general, applications will

be notified.

to an approved Neighbourhood Development Plan granted under Rule 5C.4.2.

D.11.1.4 The following are non-complying activities:

(ii) Subdivision of land that is not subject to, or is not in conformity with, an approved Neighbourhood Development Plan granted under Rule 11.1.3(B)(i) or Rule 11.1.3(b)(ii).

Note: FINANCIAL CONTRIBUTIONS Council may require financial contributions as a condition of resource consent in accordance with Part E of the Plan. Criteria for Notification In general, applications will be notified.

Non-complying activity rule 5C.5.2 Subdivision of land that is not subject to, or is not in conformity with, an approved Neighbourhood Development Plan granted under Rule 5C.2.1 or 5C.4.2.

33



D.11.1.4 The following are non-complying activities:

(iii) Offensive trades; boarding or housing of animals for commercial gain; car wrecking within enclosed buildings; the keeping of pigeons, doves, goats, pigs and deer; and Places of Assembly.

Note: FINANCIAL CONTRIBUTIONS Council may require financial contributions as a condition of resource consent in accordance with Part E of the Plan. Criteria for Notification In general, applications will be notified.

Non-complying activity rule 5C.5.3 Offensive trades.; Non-complying activity rule 5C.5.3 Boarding or housing of animals for commercial gain 5C.5.6 The keeping of pigeons, doves, goats, pigs and deer.

D.11.1.4 The following are non-complying activities: (iv) Signs (excluding approved traffic signs) which are: • Within the legal road, except temporary signs that are not a traffic hazard. • Directional signs on motor vehicles, trucks, trailers, caravans or other devices placed within the road reserve or on property, including parking areas (other than that on which the activity takes place). • Flashing or moving, or red or green colour forming the

Non-complying activity rule 12C.4.1 Signs (excluding those expressly provided for as a permitted activity under Rule 12C.1) that: a) Are located within legal road; b) Are on or attached to motor

vehicles, trucks, trailers, caravans or another type of supporting structure or device and located anywhere other than on the site to which the activity advertised in the sign takes place;

c) Are digital/electronic in nature and are flashing, blinking or contain moving or

Comment [ET35]: No places of assembly in the PDP

Comment [ET36]: Some difference in words

Comment [ET37]: Some difference in words

34



background to any traffic signals, or conflict with the colour or shape of traffic control signs. • Reflectorised and are adjacent to State Highway 1. • Real estate flags or advertising device located on carriageways for more than one day (eight hours) in one week. Note: FINANCIAL CONTRIBUTIONS Council may require financial contributions as a condition of resource consent in accordance with Part E of the Plan. Criteria for Notification In general, applications will be notified.

changing text and/or graphics and form the background to any traffic signals, or conflict with the colour, shape, design or wording of any official traffic control sign;

d) Are red or green in colour and form the background to any traffic signals, or conflict with the colour, shape, design or wording of an official traffic control sign; or

e) Incorporates reflective material and is located adjacent to a Strategic Arterial Route.

D.11.1.4 The following are non-complying activities: (v) All activities which are not listed as PERMITTED, CONTROLLED or DISCRETIONARY. Note: FINANCIAL CONTRIBUTIONS Council may require financial contributions as a condition of resource consent in accordance with Part E of the Plan. Criteria for Notification In general, applications will be notified.

5C.5.3 Development of a Neighbourhood Development Area that does not comply with one or more Discretionary Activity standards under Rule 5C.4.2

35



No equivalent provision 5C.5.6 Non-complying activity Car wrecking within enclosed buildings.

No equivalent provision 5C.6.1 prohibited activity Commercial panelbeating and spraypainting

NO Waahi Tapu in Ngarara Heritage Permitted activity Rule 10A.1.1 Any activity on land with an historic heritage feature not specified as a Controlled, Restricted Discretionary, Discretionary, Non-Complying or Prohibited activity

Permitted activity standards 1. The activity must comply with all permitted activity

standards in Rule 10A.1.

NO Waahi Tapu in Ngarara Heritage permitted activity rule Rule 10A.1.6 1. The following activities in an

area scheduled as waahi tapu and Other Places and Areas of Significance to Māori – Group B Wāhanga Rua:

a) Heritage site land disturbance

b) Alterations and additions to existing buildings

c) Fencing

d) New buildings ancillary to lawfully established uses in the waahi tapu

e) Relocation of existing buildings

1. The maximum extent of land disturbance shall not exceed 10m

3.

2. Alterations and additions to buildings shall not include

basements or in-ground swimming pools.

3. Fencing shall be along the perimeter of the waahi tapu or along the site property boundary.

4. The Archaeological Discovery Protocol, set out in Schedule 10.2, shall be followed. Note

Where there is a conflict between this rule or these standards and any other chapter, the more stringent rule or standard shall apply, except where the proposed activity is undertaken within an identified Neighbourhood Development Area in accordance with a Neighbourhood Development Plan granted under Rule 5C.4.2 or Rule 5C.5.3

NO Waahi Tapu in Ngarara Restricted discretionary activity rule 10A.3.1 Subdivision of any land or

Restricted discretionary standards The historic heritage feature shall be contained within one lot or where the feature is contained within more than one

Comment [ET38]: New rule for Ngarara – was in residential zone in odp

Comment [ET39]: New rule, consistent across all Living Zones

Comment [ET40]: New permitted activity (catch all) rule

Comment [ET41]: New permitted activity rule for waahi tapu affecting land in waimeha

neighbourhood only

36



property containing a scheduled historic building or structure, a scheduled historic site, a notable tree, or a scheduled historic area.

lot the number of lots containing the feature will not be increased. Matters of discretion 1. Imposition of financial contributions in accordance

with Chapter 12 of the Plan. 2. Degree of compliance with Council’s Subdivision and

Development Principles and Requirements, 2012 (or structure plan or guideline).

3. Effects on Historic heritage values. 4. Layout of the subdivision. 5. Effect on context and surroundings. 6. Effects on landscape and amenity 7. Effects on context and surroundings including any

effects on ‘key access and view points’ listed in the Schedule of Historic Heritage.

No Waahi Tapu in Ngarara Restricted discretionary activity rule 10A.3.6 1. The following activities in an

area scheduled as waahi tapu and Other Places and Areas of Significance to Iwi Māori – Group B: Wāhanga Rua

a) Alterations and additions to existing buildings which does not comply with the permitted activity standards

b) Heritage site land disturbance which does not comply with the permitted activity standards

c) New buildings which does not comply with the permitted activity standards

e) Roads and network

Restricted discretionary standards 1. The Archaeological Discovery Protocol, set out in

Schedule 10.2, shall be followed.

37



infrastructure.

No Waahi Tapu in Ngarara Non-complying activity rule 10A.5.4 The following activities in an area scheduled as waahi tapu and Other Places and Areas of Significance to Iwi Māori.– Group B and E: Wāhanga Rua and Wāhanga Wha:

a) Intensive farming

Rule D.11.1.1 Notwithstanding other provisions within the Ngarara Zone, the following are permitted activities, provided they comply with the permitted activity standards. (x) Pastoral and arable farming, production forestry (except the harvesting of forestry blocks larger than 10 hectares in any 12 month period), outdoor (extensive) pig farming, horticulture, viticulture and orchards provided they comply with all the permitted activity standards. (Note: Intensive farming is not a permitted activity.)

NEW Permitted Activity Rule 5C.1.X Pastoral and arable farming, production forestry (except the harvesting of forestry blocks larger than 10 hectares in any 12 month period), outdoor (extensive) pig farming, horticulture, viticulture and orchards provided they comply with all the permitted activity standards. (Note: Intensive farming is not a permitted activity.)

Ngarara Precinct

Comment [ET42]: Recommended new rule to

address a gap in the PDP

Documents

Ngarara provisions comparison table for planning caucus Note · Certificate in Arboriculture Level 4 or equivalent arboricultural qualification. Rule 11.1.1(xiii) All other activities,