2.1.1 This section gives an overview of
District Plan administration. It discusses the sections of the Act
that directly relate to the planning and resource consent process.
The section contains much of the reference material for users of
the Plan, and contains guidance for the assessment criteria for
controlled, discretionary, and non-complying activities.
2.2 Status Of Activities
2.2.1 Each zone lists the permitted,
controlled, discretionary, and non-complying activities of the
zone, and the controls and standards that activities must comply
with. There are five types of activities:
2.2.2 Subdivision is also a responsibility of
the Council under the Resource Management Act and is controlled by
the District Plan. A subdivision consent is required in all
2.3.1 Designations identify land required for
public works or projects. The inclusion of a designation in the
District Plan may be requested by a requiring authority, being
either a Minister of the Crown, a local authority, or a network
utility operator approved by the Minister for the Environment.
2.3.2 Part VIII of the Act sets out the
procedure for requiring authorities to designate activities.
Designated land may not be subdivided, used or developed in any way
without the written consent of the requiring authority.
2.3.3 Requirements for designations which have
been carried over from the Transitional District Plan or new
requirements for designations are detailed in Appendix
1 and are identified on the Planning Maps.
Appendix 1 details the requiring authority, the
locality of the designation and the legal description of the
2.3.4 Any new designations lapse after five
years from the date of inclusion in the District Plan if
substantial progress or effort has not been made towards giving
effect to the designation.
2.4 Network Utilities
2.4.1 Network utilities are essential to
servicing the District and include a wide range of infrastructural
services which vary significantly in scale and function. Utilities
include buildings, overhead lines, masts and other structures
associated with communications, electricity networks, water supply,
gas, sewerage network, navigation facilities, roading, and waste
2.4.2 With some exceptions network utilities
are provided for as permitted activities throughout the District.
An exception is in the Coastal Zone and Coastal Settlement Zone
where landscape protection is a key objective. In these zones
Council requires some control over aspects such as earthworks,
location, and consideration of available alternatives.
2.5 Plan Changes
2.5.1 Any person may request a change to the
District Plan under Part II of the First Schedule to the Act. A
request to change a District Plan must be considered by the Council
at any time that the Plan is operative.
2.5.2 Although the specific requirements
are set out in the Act, a request for a plan change must generally
be accompanied by a description of:
(i) An explanation of the purpose, and reasons for, the
proposed plan change.
(ii) A description of the environmental effects
anticipated, including an assessment of effects as required by the
Fourth Schedule of the Resource Management Act.
(iii) The ways in which any adverse effects will be
(iv) The benefits and costs, efficiency and effectiveness,
and any possible alternatives to the change requested.
(v) The nature of any consultation to be undertaken.
2.5.3 In terms of the Opotiki district
when considering requests for a change of residential zoning in the
Coastal Zone the Council will have regard to :
(i) The provision of appropriate services.
(ii) The relationship to existing settlements.
(iii) The potential effect on natural character of the
(iv) The location of Areas Sensitive to Coastal Hazards
(ASCH) as stated in the Operative Regional Coastal Environment
2.6.1 Resource Consents
There are two types of resource consent which may be
required under this Plan:
Resource consents may also be required from Bay of
Plenty Regional Council for some activities, particularly those
within coastal areas, and those activities that discharge
contaminants into the environment.
2.7 Information In Relation To
The Council will require information to be provided by an
applicant as appropriate to the status, scale and potential effects
of the activity and will include written information, plans, and
floor plans. An application is incomplete unless it contains all
information required to enable a proper assessment of the
application. Information required for any application must meet
Council's requirements, including but not limited to, the
2.7.1 Written information
(i) An assessment of effects on the environment as stated
in the Fourth Schedule of the RMA.
(ii) A description of the activity site including existing
uses, buildings, services, topography and vegetation, a description
of any habitats and indigenous vegetation areas, wetlands and
streams, fill or excavations, and the legal description of the
(iii) A description of the activity for which consent is
being sought, including the nature of the activity, effects from
the activity, the number of people who will use the site, proposed
hours of operation, and the affect of the activity on traffic flow
in the area.
(iv) A statement specifying other resource consents that
the applicant may require from any consent authority, and whether
or not the applicant has applied and/or received such consents.
(v) An analysis of the suitability of the site for the
proposed activity, having regard to topography, natural drainage
networks, services on the site and service provision, access,
indigenous vegetation areas, habitats of indigenous fauna, cultural
heritage resources, physical features, and susceptibility of the
site to natural hazards.
(vi) An analysis of any actual or potential effects that
the activity may have on the environment and the ways that these
effects may be avoided, remedied, or mitigated.
(vii) The type, volume and nature of any hazardous
substances to be stored, use, disposed of, or transported off or
onto the site. The facilities where the substances are to be stored
and/or used, the volume and frequency and route for transporting
the substances to the site, procedures for transferring, handling,
and disposing of the substances, and procedures for containing any
spillages of the substances on the site.
(viii) Any known information about archaeological sites,
heritage sites, and places and sites of significance to tangata
whenua, and information on the effects that the activity may have
on these sites of significance.
(ix) An assessment of the effect on the road is to be
submitted with the application for resource consent. This
assessment is likely to be referred to the relevant road
controlling authority for their written comments and
recommendations unless these are provided with the application.
This assessment should propose measures to avoid, remedy or
mitigate any identified adverse effects.
(x) Where an application is for plantation forestry
activities a harvesting plan must be submitted to Council no less
than 5 years prior to the date of harvesting commencement.
(xi) The location of tracking and roading networks within
the activity site. Including whether these sites will be visible
from State Highways and significant landscapes.
(xii) Effects of activities on landscapes of significance
within the district, particularly coastal landscapes.
184.108.40.206 Additional information for sites
within the Mixed Activity Zone
Included in the assessment of effects for activities
within the Mixed Activity Zone, Council shall require information
in regard to the following:
(i) An indication of the stages of development, if
(ii) The location of access to and within the site,
manoeuvrability areas, and an indication of on-site parking to be
(iii) Any on-site landscaping to be undertaken.
(iv) The location and layout of buildings, and distances
of buildings to adjoining residential activities.
(v) The location of services within the site.
(vi) The location of areas for the use, storage, or
disposal of hazardous substances.
Indicating the following at an appropriate scale:
(i) A drawing showing the location of the site, with road
names, property numbers and north point.
(ii) A current Certificate of Title for all subdivision
(iii) A site plan of the activity site at a scale of not
less than 1 : 200 showing:
(a) Site boundary lengths and dimensions in metres.
(b) Location with distances to site boundaries, of all
existing structures which are to remain on the site, and all
proposed structures, including where applicable balconies,
verandahs, service courts, and residential courts.
(c) Proposed use of each building.
(d) The position of any easements over the site.
(e) Position, location, and dimensions of every off-street
parking and loading space, and the proposed access and manoeuvring
areas including the location and width of footpath crossings
necessary to serve the site.
(f) Any proposed retaining walls, earthworks, and
(g) Existing trees and proposed landscaping. Areas of the
landscaping should be shown together with all existing and proposed
(h) The location of any exterior lighting and diagrams, or
models, showing areas of potential lightspill.
(i) Natural watercourses and drainage patterns, and
sewerage pipes within and adjacent to the site.
(j) The location, distances to site boundaries, and
dimensions of any signage to be placed on the site.
(k) The means proposed to deal with all stormwater and
(l) The location of any septic tank system including
(m) The location of indigenous vegetation and habitats of
indigenous fauna, and wetlands.
(n) Contours of the site
(o) Existing and proposed esplanade reserves or strips
(p) Existing and proposed protection covenant areas.
2.7.3 Floor Plans
For each proposed structure at a scale of
not less than 1 : 100 illustrating:
(i) Use of all parts of the structure including basements,
parking, storage and service areas. Where several floors are of the
same area and use, a standard floor plan may be shown.
(ii) Elevations of each building at a scale not less than
1 : 100 showing:
(a) external appearance of the building including doors
(b) number of floors and their proposed usage.
(c) structure heights and height in relation to any
(d) maximum permitted height marked.
(e) any additional height requested.
No application for a resource consent will be processed
until Council is in receipt of the resource consent application
2.8 Notification Of Applications
The notification of resource consent applications is managed
in accordance with Sections 93, 94 and 95 of the Act. Appendix 2
contains a flow chart that illustrates the notification process
under the Act. The following discusses notified and non-notified
2.8.1 Notified applications
Section 93 of the Resource Management Act 1991 presumes that all
resource consent applications must be notified unless the
application is for a controlled activity or Council is satisfied
that the adverse effects on the environment will be minor. If
notification is not required,, under Section 94 Council must serve
notice of the application on all persons who, in the opinion of the
Council, may be adversely affected by the activity, even if some of
those persons have given their written approval to the
Section 94A of the Act sets out how Council determines whether
the effects of an application are minor or more than minor. This
includes the ability to disregard adverse effects if the District
Plan permits an activity with that effect.
Section 94B of the Act outlines how Council determines who may
be adversely affected by an application.
Under Section 94C Council must also notify an application if an
applicant requests it. Also if Council considers that special
circumstances exist, it may notify an application subject to the
requirements of the Act. Special circumstances may include:
(i) Where the circumstances are unusual or
(ii) Where the proposal is contentious.
(iii) Where the proposal is contrary to that envisaged by
Appendix 2 illustrates the notification
220.127.116.11 Applications which include sufficient
information must be notified within 10 working days of receipt of
the application by Council. Council can require further information
on a resource consent application if the supporting documentation
is deemed to be insufficient. The ability for Council to request
further information comes from Section 92 of the Act.
18.104.22.168 Notice of the application must be sent
to all persons likely to be affected by the proposal, and also to
those persons prescribed in The Resource Management Act
2.8.2 Non-notified applications
22.214.171.124 Resource consent applications received
by Council that can be managed pursuant to Section 94 of the Act
will be processed as non-notified applications.
126.96.36.199 These include, but are not limited to,
1. Applications for subdivision consent where the subdivision
activity is stated as a controlled activity in the District
2. Applications for controlled activities where the written
approval is obtained from those persons whom the Council considers
may be adversely affected by the granting of the resource consent
application, except as otherwise stated in the District Plan.
3. Applications for a discretionary or non-complying activity where
any adverse effect on the environment will be no more than minor
and where written approval is obtained from those persons whom the
Council considers may be adversely affected by granting the
resource consent application.
4. Relocation of a dwelling or building. Where relocation of a
dwelling or building is a controlled activity, then subject to
there being no special circumstances as provided for in Section
94(5) of the Act, the written approval of affected persons will not
be necessary, and the application need not be notified.
The following are the Section 94 matters that are to be
S94 of the Act determines who may be regarded as an adversely
affected person or party and in exercising its judgment the
following matters will be given consideration by Council:
1. Persons whether owning or occupying neighbouring properties
adjacent to the application site.
2. Any Minister of the Crown with statutory responsibility in
respect of land adjoining or adjacent to the application site.
3. Any network utility operator with responsibility in respect
of land adjoining or adjacent to the application site.
4. The tangata whenua of an area who may be affected by the
5. Any relevant local authority, being a territorial authority
or a regional authority.
6. Any other person or party who Council considers likely to be
affected by the application.
Effects of Activities less than minor
In assessing an application for non-notification Council must be
satisfied that the effects arising from an activity are 'less than
minor' in nature. In determining whether the adverse effects on the
environment resulting from a discretionary activity or a non
complying activity are less than minor, the following are a
guideline to assist consent applicants and interested parties:
1. Degree of non-compliance with the rules of the Plan such that
the objectives and policies of the Plan will not be
2. Scale, intensity, duration, and frequency of non-compliance
and the scale of these effects on affected parties.
3. The magnitude of the effect on the receiving environment, and
the potential absorption of the effects by the environment.
4. Cumulative outcome of the degree of non-compliance.
5. Methods to be implemented to avoid, remedy, and mitigate any
potential adverse effect, and the degree to which these reduce
non-compliance with the Plan rules.
2.9 Assessment Criteria For Applications
2.9.1 Controlled activities
Controlled activities are stated in the Plan. They are
activities that require a resource consent from Council. Council
can not decline a resource consent application for a controlled
activity but reserves control over certain matters, and can impose
conditions on the consent accordingly.
When assessing an application for a controlled activity the
Council has regard to a number of matters. These include, but are
not limited to, the following:
(i) Design and appearance of the activity.
(ii) Effects of the activity on adjoining property.
(iii) Vehicle access and site manoeuvrability.
(iv) Effects on pedestrian access.
(v) Historical, archaeological, and cultural resources.
(vi) Natural hazard occurrence.
(vii) Hazardous substances.
(viii) Temporary buildings.
(ix) Disposal of effluent and solid waste.
(x) Treatment of wastes produced on the site.
(xi) Effects on water bodies, indigenous vegetation and
(xii) Effects on the coast resource.
(xiii) Effects of earthworks on the natural character of the
(xiv) The degree to which the existing flow and type of traffic
on, and the existing character of the road, will be affected by the
traffic generated by the activity.
(xv) Whether the road can be upgraded to cater for increased
traffic and what proportion of the costs associated with upgrading
should be borne by the applicant.
(xvi) The scale and intensity of the activity in relation to the
(xvii) Effects on outstanding natural feature and landscapes,
wetlands and heritage resources.
The Zone sections of the District Plan give more detail on the
matters to be considered by Council.
2.9.2 Discretionary activities
Discretionary activities are stated in the Plan. They are
activities that require a resource consent from Council. Council
can choose to decline an application for a discretionary activity.
Council can also apply conditions on consent for discretionary
When considering an application for a discretionary activity the
Council shall have regard to those matters stated in Section 104(1)
of the Act and may grant or refuse a resource consent and, if the
consent is granted, may impose conditions pursuant to Section 108
of the Act.
2.10.1 In granting a consent to an application
for a controlled, discretionary, or non-complying activity the
Council may impose conditions as stated in Sections 108, 220, or
221 of the Act. Conditions that Council may choose to impose can
include, but are not limited to, the following matters.
1. Hours of operation.
2. Compliance with more stringent standards for building
setback, than generally required in the zone.
3. Planting, landscaping, fencing, or the retention of existing
vegetation, trees or natural features.
4. The protection or maintenance of buildings and structures of
5. The provision of such matters as parking and access or
additional open space or landscaping to maintain amenity
6. The imposition of bonds to ensure completion of required
7. Payment of a financial contribution where this is required by
the District Plan.
8. Setting aside reserves and/or esplanade reserves or
9. Consent notices to be registered on Certificates of
10. Maintenance of coastal values.
11. Provision of engineering reports.
12. Demarcation of building platforms.
13. Monitoring requirements.
14. Protective covenant mechanisms.
15. Pest management provisions.
16. Protection of existing network structures and
2.11.1 The Council is required to monitor to
ensure that its functions under the Act are being effective in
promoting the purpose of sustainable management of natural and
physical resources. Section 20 of the District
Plan further details Council's monitoring programme. Under Section
35 of the Act there are four requirements on Council to monitor,
2.11.2 There is an opportunity to seek the
assistance of local Iwi and Hapu in the monitoring process where
rahui can be used. Council may also seek a fee from some resource
consent holders, to help with the monitoring of resource consent
compliance. This additional fee will not be required in all cases,
only in relation to those resource consents where additional
monitoring is required throughout the duration of the consent.
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