Section 12A Purpose of Subdivision Provisions

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Section 12A 12A Purpose of Subdivision Provisions Subdivision is primarily about creating land parcels that define and redefine property rights and, in most instances, the creation of new parcels of land is accompanied by expectations of associated land use. As such, the subdivision process provides a framework to manage the pattern of city growth and ensure the nexus between built form and site areas are consistent with the expected environmental outcomes (or purpose) for each zone. This is particularly important in giving effect to the Bay of Plenty Regional Policy Statement target average nett yields of 15 dwellings per hectare in urban growth areas and 20 dwellings per hectare within identified intensification areas. As part of growth management the subdivision process also provides the framework for the coordination and sequencing of infrastructure and services provision for land uses that include roading, stormwater, water supply, sewage disposal, energy and telecommunications, in addition to being a mechanism for the provision of land for open space and recreation. The subdivision process is also the principal method for delivering esplanade reserves or esplanade strips which help preserve and protect natural character and provide opportunities to maintain and enhance public access to water, both of which are matters of national importance under the Resource Management Act. The subdivision chapter comprises the following sections: a) Objectives and Policies that apply to all subdivision within the City; b) General Subdivision rules (for subdivision that is generally for functional purposes, e.g., cross-lease updates, unit titles etc., or to address subdivision issues that are common throughout all zones. These rules also guide subdivision in Education and Open Space Zones, and specific Plan Areas); Note: The Objectives and Policies for subdivision within specific Plan Areas is contained within the relevant chapters for those Plan Areas. c) Residential Zones Provisions; d) Rural-Residential Zone Provisions; e) Rural, Greenbelt and Future Urban Zones Provisions f) Commercial and Industrial Zone Provisions; g) Marae and Papakainga Provisions; h) Services and Infrastructure. Contributions of land and/or cash towards reserves and network infrastructure can be required by the Council either under the RMA by way of the Plan (refer to Chapter 11 Financial Contributions) or under the Local Government Act 2002 by way of a Development Contributions Policy in the Long Term Council Community Plan. The Council has decided to establish its Development Contributions Policy within the requirements of the Local Government Act. Accordingly, the Council's requirements for land and/or cash for reserves and for network infrastructure, at the time of both development and/or subdivision, are contained in the Council's Development Contributions Policy. Applying an area-based development contribution through the Local Government Act 2002 provisions is another method of encouraging a target average nett yield of 15 dwellings per hectare for subdivision within areas identified on the Urban Growth Plans included in the Plan Maps (Part B). 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 1 of 14

12A.1 General Subdivision Objectives and Policies 12A.1.1 Objective - City Form Subdivision within the City provides for the efficient consumption of land by facilitating the co-ordinated delivery of integrated, liveable and sustainable communities. 12A.1.1.1 Policy City Form By ensuring that subdivision occurs in a way that: a) Does not compromise the purpose of the underlying zone or a Plan Area; b) Gives effect to and is consistent with the requirements of urban growth plans identified for urban growth areas; c) Provides an appropriate level of infrastructure and services that caters for future demand without compromising existing demand; d) Responds positively to the context of the site and the surrounding landscape character; e) Will reflect and deliver good urban design principles particularly within established urban areas and urban growth areas; f) Does not facilitate land uses that compromise the safe, sustainable and efficient functioning of the transport network. 12A.1.1.2 Policy Target Yields in Urban Growth Areas By ensuring that a target average nett yield of 15 dwellings per hectare for subdivision within areas identified on the Urban Growth Plans included in the Plan Maps (Part B) is achieved through: a) A baseline minimum nett yield requirement of 12 dwellings per hectare applied to all subdivision that is progressively increased for each specified time period in accordance with 12B.3.1.2 Development Intensity and Scale in Urban Growth Areas; b) Recognising in the Pyes Pa West Urban Growth Area the geotechnical constraints and topography, which traverses grades from RL 5.0 to RL 62.0 above Moturiki Datum; c) Recognising in the Kennedy Road Urban Growth Area both the significant topographical constraints in a portion of the area and inclusion of that land within the Large Lot Residential Zone, and the transport, landscape and infrastructure links to the surrounding development; d) Recognising in the Hastings Road Urban Growth Area the significant topographical constraints in a portion of that area and inclusion of that land within the Large Lot Residential Zone, and the transport, landscape and infrastructure links to the surrounding development, including limitation of access to State Highway 29; e) Recognising in the North West Bethlehem Urban Growth Area the special relationship of that land to the Wairoa River escarpment, the landscape character of the area and relationship of tangata whenua to surrounding land. f) Recognising in the Wairakei Urban Growth Area the nett yield requirements for the Wairakei Residential Zone and Wairakei Neighbourhood Centre Zone combine to achieve the target average nett yield for Wairakei. 12A.1.1.3 Policy Target Yield Shortfalls in Urban Growth Areas By avoiding shortfalls in the minimum average nett yield within urban growth areas as set out in Policy 12A.1.1.2 - Target Yields in Urban Growth Areas unless the following circumstances apply: a) The site is subject to topographical, geotechnical and landform constraints that affect the achievability of the minimum average nett yield; and/ or; b) There is evidence that current housing market conditions may adversely affect the ability of the subdivision to achieve the minimum average nett yields in Policy 12A.1.1.2 - Target Yields in Urban Growth Areas; and c) The yield shortfall will not compromise the planned provision of cost-effective and efficient infrastructure and services; 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 2 of 14

d) For non-complying activities, in addition to the matters above: i) Achievement of the overall target average nett yield for the urban growth area will not be unduly compromised; ii) A plan is submitted showing indicative development, the balance of the stage and subsequent stages, and the likely total yield to be achieved; e) For Pyes Pa West: i) Options and opportunities for a variety of lot sizes, including opportunities for higher-density development within the Pyes Pa Medium-Rise Policy Area and comprehensive medium density development within the Suburban Residential Zone are possible; f) For Wairakei, any shortfall in achievement of nett yield can be made up by higher yield development in other areas within the Wairakei Residential Zone and Wairakei Neighbourhood Centre Zone. 12A.1.1.4 Policy Allotment Sizes By ensuring that the dimensions and areas of allotments sustain the City s land resource while accommodating existing and proposed network utilities where necessary and enabling the siting and construction of buildings and structures, in a manner that is consistent with the purpose of the underlying zone. 12A.1.1.5 Policy Subdivision of Secondary Independent Dwelling Units By preventing the subdivision of secondary independent dwelling units to ensure they are not able to be separated from the principal independent dwelling unit. 12A.1.2 Objective Infrastructure and Servicing Subdivision within the City provides for the coordinated and sequenced delivery of efficient, effective, functional and sustainable infrastructure and services through the subdivision process. 12A.1.2.1 Policy Infrastructure and Services By ensuring the subdivision process provides a level of infrastructure and services that will facilitate land use activities in a manner that is consistent with the purpose of the underlying zone. 12A.1.2.2 Policy Infrastructure Provision within Urban Growth Areas By ensuring the provision of infrastructure through the subdivision of land in urban growth areas proceeds in a sequence consistent with the relevant Urban Growth Plan while: a) Optimising the use of existing infrastructure in the vicinity; b) Installing new infrastructure in a coordinated and logical manner. 12A.1.2.3 Policy Staged Subdivisions By ensuring the sequence of staged subdivision does not adversely affect the efficient, effective, functional and sustainable delivery of infrastructure and services. 12A.1.3 Objective Access to the Coastal Environment, Wetlands, Rivers and Streams Safe and efficient public access to and along the City s coastal environment, wetlands, rivers and streams is maintained and enhanced through the subdivision process. 12A.1.3.1 Policy Access to the Coastal Environment, Wetlands, Rivers and Streams By ensuring opportunities for public access to the City s coastal environment, wetlands, rivers and streams through the provision of esplanade reserves or esplanade strips are realised through subdivision in a way that is consistent with Objective 6A.1.3 - Preservation of the Natural Character of the Coastal Environment, Wetlands, Rivers, and Streams and Policy 6A.1.3.2 Preservation of the Natural Character of the Coastal Environment, Wetlands, Rivers, and Streams. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 3 of 14

12A.2 Activity Status s 12A.2.1 Subdivision Activities All subdivision activities shall have the status identified in Table 12A.1: Subdivision Activity Status. Symbols used in Table12A.1: Subdivision Activity Status have the meaning described in Table 1A.2: Activity Status. Table 12A.1: Subdivision Activity Status Use/Activity Relevant Residential Zones Rural- Residential Rural, Greenbelt & Future Urban Commercial and Industrial 1 Rural Marae Community and Matapihi Scheduled Sites Urban Marae CommunityNgati Kahu Sub-Zone A & B Education Centre and Open Space Wairakei Zones 2 Subdivision within the following Plan Areas: a) Special Ecological Areas; b) Outstanding Natural Features and Landscapes Plan Area; c) Important Amenity Landscapes Plan Area; d) Coastal Hazard Erosion Plan Area; e) Coastal Protection Plan Area f) Flood Hazard Plan Area; g) High-Voltage Transmission Area. Refer to the relevant rules within Section 12A.3 General s n/a Cross-lease to freehold subdivision. 12A.4.1 P P P P P P P P Amendments to a cross-lease, company lease or unit title plan to show additions, alterations or accessory buildings. 12A.4.2 P P P P P P P P 1 Excluding Wairakei Town Centre (Core and Fringe), Wairakei Neighbourhood Centre Zone and Papamoa East Employment Zone. 2 Wairakei Zones for the purpose of Table 12A.1: Subdivision Activity Status means: Wairakei Town Centre Zone (Core and Fringe), Wairakei Neighbourhood Centre Zone and Papamoa East Employment Zone. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page of 4 of 14

Use/Activity Relevant Residential Zones Rural- Residential Rural, Greenbelt & Future Urban Commercial and Industrial 1 Rural Marae Community and Matapihi Scheduled Sites Urban Marae CommunityNgati Kahu Sub-Zone A & B Education Centre and Open Space Wairakei Zones 2 Boundary adjustments, amalgamations and relocations of existing title. 12A.5.1.1 C C C C C C C C Unit title subdivision. 12A.5.1.2 C C C C C C C 12E.4 Subdivision for allotments to accommodate lawfully established activities Subdivision for allotments to accommodate network utilities 12A.5.1.3 C C C C C C C 12A.5.1.4 C C C C C C C 12E.4 12E.4 Subdivision of contaminated land (SEE ZONE) Subdivision for freehold allotments or full partitions (SEE ZONE) C 12B.3 C 12C.3 C (Rural & Greenbelt) 12D.3 D (Future Urban) 12D.5 C 12E.3 C 12F.3 C 12F.3 D 12A.7 12E.4 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page of 5 of 14

Use/Activity Relevant Residential Zones Rural- Residential Rural, Greenbelt & Future Urban Commercial and Industrial 1 Rural Marae Community and Matapihi Scheduled Sites Urban Marae CommunityNgati Kahu Sub-Zone A & B Education Centre and Open Space Wairakei Zones 2 Subdivision of a site containing an item on Appendix 7A Register of Built Heritage or Appendix 7B Register of Significant Maori Areas or Appendix 7D: Register of Significant Archaeological Areas which is not a: a) Cross-lease to freehold subdivision; b) Amendment to a cross-lease, company lease or unit title plan to show additions, alterations or accessory buildings c) Unit title or allotment to accommodate network utilities. Subdivision of a secondary independent dwelling unit (SEE ZONE) NC 12B.6 NC 12C.6 NC 12D.6 n/a n/a n/a n/a NC 12E.6 Subdivision within the Central Bethlehem Scheduled Site - (Refer 12B.4 e)) (Refer 12C.4 b)) n/a n/a n/a n/a n/a n/a 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page of 6 of 14

12A.3 General (All Zones) 12A.3.1 Permitted Activities Any activity listed as a Permitted Activity in Table 12A.1: Subdivision Activity Status. 12A.4 Permitted Activity s Note: Where an activity does not comply with a Permitted Activity it shall be considered a Restricted Discretionary Activity unless stated otherwise. 12A.4.1 Cross-Lease to Freehold Subdivision For the purpose of this rule subdivision must comply with the following: a) Services must be provided in accordance with 12G.3.1 Minimum Service Requirements; b) Easements must be provided to ensure the continued provision of services and access in a manner that is consistent with the existing cross-lease subdivision; c) The extent of any building bulk and scale non-compliances shall be identified to scale on a plan. 12A.4.2 Amendments to a Cross-Lease, Company Lease or Unit Title Plan For the purpose of this rule subdivision must comply with the following: a) The amendments must be for the purpose of showing additions, alterations or accessory buildings that are either permitted under the provisions of the Plan or otherwise lawfully established. 12A.5 Controlled Activity s The following are Controlled Activities: a) Boundary adjustments, amalgamations and relocations of an existing title; b) Unit title subdivision; c) Subdivision for allotments to accommodate lawfully established activities; d) Subdivision for allotments to accommodate network utilities. 12A.5.1 Controlled Activity Standards and Terms 12A.5.1.1 Boundary Adjustments, Amalgamations and Relocation of Titles For the purpose of this rule subdivision must comply with the following: a) No additional titles shall be created; b) The boundary adjustment will not lead to, or increase the degree of non-compliance with the land use provisions for the underlying zone; c) Within the Rural-Residential Zone or rural zones the proposal shall not facilitate the ability to create an additional title within the site. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 7 of 14

12A.5.1.2 Unit Title Subdivision For the purpose of this rule subdivision must comply with the following: a) Unit Titles may be created to accommodate an activity for which resource consent has been granted or that has been otherwise lawfully established, provided that the activity is not a secondary independent dwelling unit; b) Minimum allotment size requirements will not apply to Unit Title Subdivision provided that allotments are designed to ensure that: i) The principal use and all ancillary buildings and activities are fully serviced; and ii) 12A.5.1.3 That the use can comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment. Allotments to Accommodate Lawfully Established Activities For the purpose of this rule subdivision must comply with the following: a) Unless, specifically provided for elsewhere within the Plan, allotments may be created to accommodate an activity for which a land use resource consent has been granted or that has been otherwise lawfully established; b) 12A.5.1.3 Allotments to Accommodate Lawfully Established Activities does not apply to independent dwelling units within the Rural Residential, Rural, Greenbelt and Future Urban Zones unless established pursuant to land use resource consent where the development density of the activity was a matter requiring resource consent; or secondary independent dwelling units in any zone; c) Minimum allotment size requirements of the underlying zone will not apply subject to the subdivision complying with the following: i) The existing principal use and all ancillary buildings and activities on all allotments shall comply with the applicable permitted activity rules for the underlying zone and be fully serviced; and/or ii) The activity shall comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment; iii) Where a vacant balance allotment is created, this allotment shall, with the exception of any minimum average allotment requirement, comply with the subdivision provisions of the underlying zone. Note: Where the land use is lawfully established under the comprehensively designed development land use provisions of the Plan, any applicable comprehensively designed development subdivision provisions shall override 12A.5.1.3 Allotments to Accommodate Lawfully Established Activities. Note: Subdivisions that do not comply with 12A.5.1.3 shall be considered as a Discretionary Activity in accordance with 12A.7 e) Discretionary Activity s unless specifically provided for elsewhere within the Plan. 12A.5.1.4 Allotments to Accommodate Network Utilities For the purpose of this rule subdivision must comply with the following: a) Minimum allotment size requirements of the underlying zone will not apply subject to the subdivision complying with the following: i) The allotment to accommodate the network utility is of sufficient size to accommodate that network utility whilst allowing access for maintenance and repair and any landscaping or amenity works; and ii) The principal use and all ancillary buildings and activities on the balance allotment shall comply with the applicable permitted activity rules for the underlying zone and be fully serviced; or iii) The land use activity on the balance allotment shall comply with the conditions of any related land use resource consent or continue to comply with the parameters of its legal establishment; and iv) Where a vacant balance allotment is created, this shall comply with the subdivision provisions of the underlying zone. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 8 of 14

12A.5.2 Controlled Activities Matters of Control and Conditions The Council reserves control over, and may impose conditions on, the following matters: a) The location of boundaries on site in relation to buildings and parking and manoeuvring areas; b) The location and provision of services and any requirements to upgrade those services; c) The location and provision of easements; d) Payment of financial contributions in accordance with the relevant provisions of Chapter 11 Financial Contributions. e) Where it is a Standard and Term of the subdivision, the creation of a balance allotment that complies with the subdivision provisions of the underlying zone; f) The provision of landscape planting and access for maintenance in association with allotments to accommodate network utilities. Restricted Discretionary Activity s The following are Restricted Discretionary Activities: a) Subdivision, not including allotments for network utilities, located wholly or partly within the 50 or 100 year Erosion Risk Zone; b) Subdivision, not including allotments for network utilities, partly within the Current Erosion Risk Zone; c) Subdivision, not including boundary adjustments located within a High-Voltage Transmission Plan Area; d) Subdivision of a site containing an item on Appendix 7A: Register of Built Heritage or Appendix 7B Register of Significant Maori Areas, or Appendix 7D: Register of Significant Archaeological Areas; e) Any activity described as a Permitted Activity or Controlled Activity that does not comply with a Permitted Activity or Controlled Activity Standard and Term; f) Any subdivision listed as Restricted Discretionary Activity in Table 12A.1: Subdivision Activity Status; g) Subdivision, not including boundary adjustments, located partly or wholly within the Flood Hazard Plan Area (FHPA); h) Subdivision of contaminated land..1 Non-Notification Subdivision Affecting Significant Maori Areas Any application for a resource consent made under d) Restricted Discretionary Activity s that affects a Significant Maori Area shall not be notified, or served on affected persons subject to sufficient evidence being provided of consultation having been undertaken with the affected hapu in relation to the effects of the proposal on the Significant Maori Area, and the applicant and affected hapu representative acknowledge that a meaningful consultation process has been undertaken..2 Restricted Discretionary Activities Standards and Terms.2.1 Subdivisions Located Partly within the 50-year or 100-year Erosion Risk Zone Subdivision shall ensure that allotments are provided with an alternative building site..2.2 Subdivision located partly within the Current Erosion Risk Zone Subdivision partly within the Current Erosion Risk Zone shall: a) Be provided with an alternative building site; b) Ensure the land within the Current Erosion Risk Zone is held in the same certificate of title for the proposed seaward allotment; c) Ensure no buildings or structures are permitted on that part of the land located within the Current Erosion Risk Zone. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 9 of 14

.2.3 Sites Containing a Significant Maori Area Where a resource consent is required under d) Restricted Discretionary Activity s that affects a Significant Maori Area the applicant shall provide an assessment of the effects of the subdivision on the recognised values of that area, and detail the outcomes of consultation with the relevant hapu identified in Appendix 7B: Register of Significant Maori Areas..3 Restricted Discretionary Activity Matters of Discretion and Conditions.3.1 Subdivision of Contaminated Land In considering subdivision of contaminated land the Council restricts the exercise of its discretion to the following matters: a) 9B.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions in Chapter 9 - Hazardous Substances and Contaminated Land..3.2 Subdivision in the Coastal Hazard Erosion Plan Area (CHEPA) In considering subdivision within the Coastal Hazard Erosion Plan Area the Council restricts the exercise of its discretion to the following matters: a) 8B.4.3 Restricted Discretionary Activity Matters of Discretion and Conditions in Chapter 8 Natural Hazards..3.3 For Subdivision within the High-Voltage Transmission Plan Area (Sub Zone A, B & C) a) The identification of building platforms; b) Whether practical access to the transmission electric line and any support structure (including, but not limited, to the provision of easements) is provided for; c) The nature and location of any proposed earthworks; d) Whether the location of allotments or any building platform will interfere with the safe and efficient operation, maintenance or minor upgrading of the transmission electric line or support structure; e) The risk to the structural integrity of the transmission electric line; f) The risk of electrical hazards affecting public safety and risk of property damage; g) The risk of development and/or activities causing electrical faults resulting in disruption to electricity supply..3.4 For Subdivision of a Site Containing a Registered Heritage Item In considering subdivision of a site that includes an item identified on Appendix 7A Register of Built Heritage or Appendix 7B Register of Significant Maori Areas or Appendix 7D: Register of Significant Archaeological Areas the Council restricts the exercise of its discretion to the following matters: a) The matters outlined in 7A.1.1.2 Policy - Protection of Historic Heritage; b) The importance of the existing site to the identified heritage values of the registered item and the degree to which the fragmentation of the site will adversely affect these values; c) The need for future management or protection of the registered item and the extent to which any adverse effects can be mitigated through conditions of consent; d) The outcomes of any pre-application consultation with the New Zealand Historic Places Trust or Tangata Whenua and the recommendations of that consultation, and whether additional meaningful consultation needs to be undertaken with Tangata Whenua..3.5 For Subdivision in the Flood Hazard Plan Area (FHPA) In considering subdivision of site within the Flood Hazard Plan Area the Council restricts the exercise of its discretion to the following matters: a) The extent to which the subdivision is consistent with 8C.1.1.1 Policy - Avoidance or Mitigation of Flood Prone Areas; b) The degree to which any associated earthworks will modify natural ponding areas and drainage systems, including overland flowpaths, and the extent to which water flow is impeded and/or displaced; 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 10 of 14

c) Consideration of whether an engineering assessment is required to accurately determine the extent of any impediment or displacement effect and any recommendations of that assessment; d) Ensuring that any finished ground levels on the site provide the scope for future land use activities on that site to mitigate any adverse flooding effects..3.6 Subdivisions for Cross-Lease, Company Lease or Unit Title a) In considering subdivision that does not comply with 12A.4.1 Cross-Lease to Freehold Subdivision the Council restricts the exercise of its discretion to the following matters: i) The location and design of services and whether any upgrading is required to met the Council s requirements in terms of maintenance, accessibility and health and safety; ii) The degree to which the proposed freehold subdivision will be consistent with the existing cross-lease subdivision; iii) The extent of the non-compliance and whether it is practical or appropriate for that noncompliance to be shown; b) In considering subdivision that does not comply with 12A.4.2 Amendments to Cross Lease, Company Lease or Unit Title the Council restricts the exercise of its discretion to the following matters: i) Whether the subdivision application should be deferred until such time as a land use consent has been granted for the non-compliance..3.7 Non-compliance with a Controlled Activity Standards and Terms In considering an activity described as a Restricted Discretionary Activity in e) Restricted Discretionary Activity s, the Council restricts the exercise of its discretion to: a) The extent to which the activity complies with the Controlled Activity Standards and Terms in 12A.5.1 Controlled Activity Standards and Terms; b) The matters over which the Council has reserved control in 12A.5.2 Controlled Activities Matters of Control and Conditions. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 11 of 14

12A.7 Discretionary Activity s The following are discretionary activities: a) Subdivision, not including boundary adjustments or allotments for network utilities within a Special Ecological Plan Area (Category 2); b) Subdivision, not including boundary adjustments or allotments for network utilities within an Important Amenity Landscape Plan Area; c) Any Restricted Discretionary Activity that does not comply with a Restricted Discretionary Activity standard and term; d) Any subdivision listed as a Discretionary Activity in Table 12A.1: Subdivision Activity Status; e) Any subdivision that does not comply with 12A.5.1.3 - Allotments to Accommodate Lawfully Established Activities or 12A.5.1.4 - Allotments to Accommodate Network Utilities. 12A.7.1 Discretionary Activity Standards and Terms 12A.7.1.1 Special Ecological Plan Areas (Category 2) Subdivision within these areas shall comply with 5A.6.1 Restricted Discretionary Activity Standards and Terms. 12A.7.1.2 Important Amenity Landscape Plan Area Subdivision within these areas shall comply with 6A.4.1 Restricted Discretionary Activity Standards and Terms. 12A.7.2 Assessment of Discretionary Activities In considering a Discretionary Activity the Council s discretion is unrestricted. The Council will consider any relevant matter with particular regard to the Objectives and Policies of the Plan. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 12 of 14

12A.8 Non-Complying Activities The following are Non-Complying Activities: a) Subdivision, not including boundary adjustments or allotments for network utilities, within a Special Ecological Plan Area (Category 1); b) Subdivision, not including boundary adjustments or allotments for network utilities, within an Outstanding Natural Features and Landscapes Plan Area; c) Subdivision, not including boundary adjustments, within the Coastal Protection Plan Area; d) Any Discretionary Activity that does not comply with 12A.7.1 Discretionary Activity Standards and Terms. 12A.9 Prohibited Activity s The following are Prohibited Activities: a) Subdivision wholly within the Current Erosion Risk Zone. 12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 13 of 14

12 Subdivision, Services and Infrastructure 11 September 2018 Section 12A Page 14 of 14