46 Open Space Environment Rules

Transcription

1 Part D Envronment Rules Open Space 46 Open Space Envronment Rules 46.1 Introducton Ths chapter contans rules governng land uses n the Open Space Envronment. The boundares of ths Envronment are shown on the Plannng Maps. The Open Space Envronment covers land owned by the Councl, the Department of Conservaton or other organsatons for recreatonal and/or conservaton purposes. It also apples to other land prvately owned and admnstered for recreatonal purposes. Most of the open space land that s admnstered by the Councl and the Department of Conservaton has addtonal protecton, further to ths Plan, under the Conservaton Act 1987 and the Reserves Act Road Transport rules and Resource Area rules also apply n ths Envronment Prohbted Actvtes The followng actvty s a prohbted actvty, for whch no resource consent shall be granted: Use, storage or dsposal of radoactve materal wth an actvty exceedng 1000 terabequerels Open Space Envronment - Actvty Rule Table Actvtes Generally Subject to Rules and an actvty s a permtted actvty f: a) It s not a resdental, commercal or ndustral actvty, unless t s n accordance wth a Reserve Management Plan, under the Reserves Act 1977, or a Conservaton Management Strategy, under the Conservaton Act 1987, applcable to the land; and b) Places of assembly do not operate or open for vstors, clents or delveres before 0800 or after 2000 on any day; and c) It does not nvolve mneral extracton. d) It s the contnued functon of the landfll operatons, ncludng recyclng and compostng on Wllam Fraser Memoral Park. Any actvty that does not comply wth a condton for a permtted actvty s a dscretonary actvty Hazardous Substances a) The use, storage or on-ste movement of hazardous substances s a permtted actvty f t comples wth the condtons for permtted actvtes n Appendx 8; and b) The movement of hazardous substances between stes s a permtted actvty f conducted by means of an underground ppelne. a) The use, storage or on-ste movement of hazardous substances s a dscretonary actvty f t does not comply wth a condton for permtted actvtes n Appendx 8; and b) The movement of hazardous substances between stes s a dscretonary actvty f conducted by means of an aboveground ppelne. Whangare Dstrct Plan Chapter 46 Page 1

2 Part D Envronment Rules Open Space Provson of Parkng Spaces Any actvty s a permtted actvty f: a) Parkng spaces are provded n accordance wth Chapter 47; and b) No formed parkng space s constructed or provded wthn 2.0m of a road boundary. Any actvty that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty.. Those matters lsted n Chapter 47 Road Transport Rules;.. Effects on landscape values; Effects on amenty values; v. Effects on exstng landscapes/streetscapes Sgns a) The constructon and placement of a sgn whch s not vsble from a neghborng property(s) s a permtted actvty. b) The constructon or placement of a sgn whch s vsble from a neghborng property(s) s a permtted actvty f:. The sgn s requred under health and safety legslaton; or. The sgn s erected by a road traffc or martme authorty for the purposes of traffc control or publc safety and t s located wthn the legal road reserve; or. The sgn s requred by the Admnsterng body for the management of the ste or s n accordance wth a Reserve Management Plan, under the Reserves Act 1977; or v. The sgn s a property name sgn or s a publc nformaton sgn, or s a communty sgn; and The constructon or placement of a sgn that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty.. The vsual amenty of the neghbourng area;. The resdental coherence of the neghbourng area;. The approprateness of the sgn compared to the nature of the neghbourng area; v. The extent to whch any sgn detracts from the open space character of reserves, the natural landscape and/or the cultural values assocated wth the neghbourng area. v. The sgn does not obscure any offcal sgns or traffc sgnals; and v. The sgn s statc, not flashng and not llumnated; and v. No more than 3 Sgns are dsplayed per ste; and v. A free standng sgn s no hgher than 2.0m; and x. The sgn s no larger than 1.0m² and the total area of all sgns s no greater than 3.0m²; and x. Where the road lmt has a speed lmt of 70 kph or greater, the sgn s located so as to provde an unrestrcted vew to the motorst for a mnmum dstance of 250.0m. Notes: Chapter 46 Page 2 Whangare Dstrct Plan

3 Part D Envronment Rules Open Space 1. Sgns wthn the legal road boundary, or on road verges, road reserves are regulated by Councl Bylaws. 2. Temporary sgns and sgns on vehcles are regulated by Councl Bylaws. 3. Sgns located n publc places are regulated by Councl Bylaws. Except for sgns erected to advertse commercal actvtes. These sgns are regulated by the above provsons. 4. Parks Manager approval s requred for sgnage on land admnstered by the Parks Dvson Artfcal Lghtng Artfcal lghtng s a permtted actvty f ether: a) The lght s a street lght, navgaton lght or traffc sgnal; or b) The lght spll onto any other ste measured at the boundary comples wth NZS 6701:1983 and does not exceed:. 10 lux at any Lvng or Countrysde Envronment boundary;.. 15 lux at any road reserve boundary; 20 lux at any other recevng property boundary; or c) The lghtng s requred under health and safety legslaton. Any actvty that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty.. Orentaton, strength, ntensty, colour, frequency of flashng of the lght;. Effects on traffc safety;. Postve effects on pedestran safety; v. Effect on amenty values Nose (Deleted refer to Nose and Vbraton Chapter) Constructon Nose (Deleted refer to Nose and Vbraton Chapter) Vbraton (Deleted refer to Nose and Vbraton Chapter) Electromagnetc Radaton Any actvty s a permtted actvty f: a) Exposures comply wth NZS :1999, Rado Frequency Felds Part 1: Maxmum Exposure Levels 3 khz 300 GHz; Any actvty that does not comply wth a condton for a permtted actvty s a dscretonary actvty Electrcty Transmsson Lnes (Deleted 13/01/ refer to Network Utltes Chapter) Aerals and Aeral Support Structures Aerals and/or aeral support structures are a permtted actvty f: a) The hghest pont of any aeral and/or aeral support structure s to be no more than 12.0m above ground level n the Open Space Envronment, except for a dsh aeral, the hghest pont of whch s to be no more than 8.0m above ground level n the Open Space Envronment; and b) All aerals and/or aeral support structures comply wth the relevant buldng setback and daylght angle requrements for the Envronment wthn whch they are located; Any aeral and/or aeral support structure that does not comply wth a condton for a permtted actvty s a dscretonary actvty. Whangare Dstrct Plan Chapter 46 Page 3

4 Part D Envronment Rules Open Space and c) Above the heght of 8.0m, any aeral and/or aeral support structure s to be unguyed; and d) Above the heght of 8.0m, the components that make up an aeral and/or aeral support structure are to be no greater than 80.0mm n dameter, or have a rectangular secton wth sdes no greater than 80.0mm Network Utlty Operatons The followng actvtes related to network utlty operatons excludng electrcty nfrastructure are a permtted actvty: a) The establshment of juncton boxes, substatons and other equpment cabnets requred as part of a utlty network that have a heght of no greater than 1.5m and a ground coverage not exceedng 3.0m 2 ; and b) The establshment of network utlty operatons for the purposes of wreless communcaton, or the measurement, collecton and dstrbuton of meteorologcal nformaton, that comply wth the rules for Aerals and Aeral Support Structures; and c) The mnor upgradng, replacement, removal and mantenance of exstng network utlty operatons facltes; and d) Mnor extensons to an exstng overhead lne network (ncludng addtonal servce connectons and/or 1 addtonal support structure); and e) The establshment of, or extenson to, underground network utlty operatons, ncludng gas lnes wth a maxmum operatng pressure not exceedng 2000 klopascals; and f) Network utlty operatons n assocaton wth actvtes permtted n accordance wth Rule Network utlty operatons that do not comply wth a condton for a permtted actvty are a restrcted dscretonary actvty. v v v v Scale, bulk and form of the nstallaton(s) above ground; Cumulatve effects of addtonal structures; Shadng effects; Effects on amenty values; Effects on landscape/streetscape values; Effects on ecologcal values; Effects on hertage values; v Effects on cultural values; x x Effects on publc health and safety; Issues of reverse senstvty Indgenous Vegetaton Clearance and Indgenous Wetland Dsturbance Destructon or clearance of ndgenous vegetaton wthn ths Envronment: a) In a contguous area of 5.0ha or more of predomnantly ndgenous vegetaton; or b) In any area of 1.0ha or more of predomnantly ndgenous vegetaton over 6.0m n heght; or c) In an ndgenous wetland; s a permtted actvty f t comples wth the followng:. The removal s n accordance wth an exstng use rght; or. The total clearance of ndgenous vegetaton wthn a ste s no more than 500.0m 2 where the clearance s for the express purpose of provdng a house ste Destructon or clearance of ndgenous vegetaton that does not comply wth a condton for a permtted actvty s a dscretonary actvty. Any actvty that wll result n the destructon or clearance of ndgenous vegetaton wthn an ndgenous wetland, and whch may result n changes to the seasonal or annual range n water level of ndgenous wetland to an extent that may adversely affect the wetland s natural ecosystem and s not requred as part of normal mantenance of drans and flood ways, s a dscretonary actvty. Chapter 46 Page 4 Whangare Dstrct Plan

5 Part D Envronment Rules Open Space. and/or access to a house ste; or s to provde access to exstng farmng or forestry actvtes; or The removal s of trees that are a danger to human lfe or exstng structures (ncludng network utltes); or v. The removal s necessary for the mantenance of any buldng, structure, road or track ncludng any telecommuncaton work or utlty servce; or v. The removal s for a new fence, where the purpose of the fence s to exclude stock and/or pests from the area; or v. The removal s beneath a canopy of a producton forest; or v. The removal s for the formaton and mantenance of walkng tracks less than 1.2 metres wde usng manual methods that do not requre the removal of any ndgenous tree over 300mm grth; or v. The removal s for the constructon of a fre break by a rural fre authorty; or x. The removal of a tree or trees, or the gatherng of plant matter s n accordance wth Maor custom or values; or x. The removal s harvestng of ndgenous tmber under a Sustanable Management Plan or permt under the Forests Act Open Space Envronment- Buldng Rule Table Buldng Heght and Area Constructon or alteraton of a buldng s a permtted actvty f: a) The heght of the buldng does not exceed 8.0m; and b) The gross floor area of the buldng does not exceed 50.0m 2, ncludng the new work. Note: Any new buldng must also meet the requrements of Rule Actvtes Generally. Constructon or alteraton of a buldng that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty. v v v The scale and bulk of the buldng n relaton to the ste; The bult characterstc of the neghbourhood; The extent to whch the effects of the heght can be mtgated by setbacks, plantng, desgn or the topography of the ste; Effects on landscape values; Effects on avalablty of daylght; Effects on amenty values. Provded always and notwthstandng the heght requrements n ths Rule, f the actvty under consderaton s a mneral extracton actvty and t s located wthn a Mneral Extracton Area then the buldng heght requrements for that actvty wll be determned n accordance wth the rules n Chapter Buldng Setbacks Constructon or alteraton of a buldng s a permtted actvty f the buldng s set back at least: a) To the same standards as apply n the Constructon or alteraton of a buldng that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty. Whangare Dstrct Plan Chapter 46 Page 5

6 Part D Envronment Rules Open Space Note: adjonng Envronment nearest the buldng ste for front and other yards. The provsons of Rules and also apply to buldng setbacks. The exstng landscape/street-scape and protecton from road frontage domnaton; v v v v The outlook and prvacy of adjonng and adjacent neghbours; Shadng of adjonng propertes; Effects on natural character; Effects on landscape values; Effects on hertage values; Effects on natural functonng of ecosystems. Provded always and notwthstandng the setback requrements n ths Rule, f the actvty under consderaton s a mneral extracton actvty and t s located wthn a Mneral Extracton Area then the buldng setback requrements for that actvty wll be determned n accordance wth the rules n Chapter Buldng Setbacks from Water Bodes Constructon or alteraton of a buldng s a permtted actvty f the buldng s set back at least: a) 27.0m from Mean Hgh Water Sprngs; or b) From the top of the bank of any rver that has a wdth of less than 3.0m or a lake under 8ha 5.0m where the domnant slope s less than 8 degrees; 10.0m where the domnant slope s greater than 8 degrees but less than 15 degrees; 20.0m where the domnant slope s more than 15 degrees; or c) 27.0m from the top of the bank of a rver equal to 3.0m or more n wdth, any lake over 8ha n area or any rver dentfed n Appendx 5 as an Esplanade Prorty Area; or d) 5.0m from the top of the bank of all other water bodes, unless an esplanade reserve already exsts, n whch case a 5.0m setback from the edge of the landward sde of the esplanade reserve shall apply. Note: The provsons of Rules and also apply to buldng setbacks. Constructon or alteraton of a buldng that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty. The contnued avalablty of land n Esplanade Prorty Areas; Effects on natural character; Effects on natural functonng of an ecosystems; v v v v Effects on landscape values; Effects on hertage values; Effect on publc access; Effect on rver mantenance and hazards; v The Protecton of the conservaton, ecologcal, recreaton, access and hazard mtgaton values of land n Esplanade Prorty Areas and exstng esplanade reserves or strps; x The sutablty of the proposed locaton of the buldng on the ste Buldng to Access Setbacks Constructon or alteraton of a buldng s a permtted actvty f: a) There s a mnmum separaton dstance of 1.0m between the buldng and any rght of way or common access. Constructon or alteraton of a buldng that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty Nose and vbraton effects on occupants of buldngs erected wthn 2.0m of accesses; The use of accesses f obstructed by buldng overhangs or openng wndows Buldng Daylght Angles Chapter 46 Page 6 Whangare Dstrct Plan

7 Part D Envronment Rules Open Space Constructon or alteraton of a buldng s a permtted actvty f: a) It does not penetrate the buldng daylght angles defned n Appendx 11. Constructon or alteraton of a buldng that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty. The avalablty of daylght to adjonng propertes; The prvacy of the adjonng propertes; Effects on shadng; v Effects on amenty values Coastal Mnmum Floor Level Constructon or alteraton of a buldng or structure s a permtted actvty f: a) There s a mnmum floor level of 2.5m above One Tree Pont Datum Mean Sea Level The constructon or alteraton of a buldng or structure that does not comply wth a condton for a permtted actvty s a restrcted dscretonary actvty. Constructon or alteraton of a buldng or structure n relaton to ts locaton; The avodance, remedaton or mtgaton of coastal hazards; Floor level n relaton to One Tree Pont Mean Sea Level Datum Prncpal Reasons for Rules / Explanatons Actvtes Generally Ths rule names varous actvtes for whch a resource consent s requred. The lsted actvtes are all assocated wth effects that are unacceptable n ths Envronment wthout careful management. Open space areas provde for a wde range of socal and recreatonal opportuntes, and preserve and protect landscape and ecologcal values. As such, t s mportant that actvtes occurrng wthn the Open Space Envronment do not adversely affect the envronment or adjonng stes. Aerals and Aeral Support Structures The sze and locaton of aerals and aeral support structures s controlled due to the vsual ntruson or domnance that aerals and aeral support structures can have. The Plan makes allowance for aerals and aeral support structures to reach a heght of 4.0m above the maxmum heght lmt for the Envronment. Chapter HH of the Plan also seeks to control the vsual mpact that aerals and aeral support structures can have on Bult Hertage. Artfcal Lghtng Lghtng can nterfere wth the enjoyment of a property and the sleep of occupants. Drect lght spll and glare are consequences of outdoor lghtng used to llumnate property. The effect of the rule s to state lghtng levels that are compatble wth the exstng lghtng character of ths Envronment and adjacent Lvng Envronments. Street lghts, navgaton lghts and traffc sgnals are exempt from ths rule, n order to preserve traffc and personal safety. Buldng Heght and Area The heght of buldngs s an mportant factor n mantanng bult amenty. As such, heght as a permtted actvty s lmted to a scale generally consdered acceptable n lvng areas. The 50.0m 2 permtted buldng area s desgned to allow buldngs whch are of lmted area and lmted envronmental effect to be bult. Buldng Setbacks Buldng setbacks are dentcal to those of the adjonng Envronment. Ths wll allow the current bult amenty of an area to contnue. Buldng Daylght Angles Whangare Dstrct Plan Chapter 46 Page 7

8 Part D Envronment Rules Open Space The daylght angles are set to provde reasonable daylght to a ste, unobstructed by buldngs on an adjacent ste. Buldng to Access Setbacks The requred setback serves to protect occupants of buldngs from unnecessary nose and vbraton. The rule also ensures that the access does not become less usable due to open wndows or other obstructons. Coastal Mnmum Floor Level Coastal floodng s a hazard that needs to be addressed and ths hazard s not restrcted to those areas covered by the coastal hazard areas. By ensurng that the floor level of structures and buldngs s at least 2.5m above One Tree Pont Datum Mean Sea Level 1964, ths rsk wll be sgnfcantly reduced. The 2.5m wll take nto account a rse n sea level of 0.5m, plus the nstances of a sprng tde and the surges assocated wth coastal storms. Electromagnetc Radaton Certan utltes and other actvtes emt electromagnetc radaton or create electrc felds, whch are a health concern to some people lvng near them. Rado Frequency Felds (RF) are produced by broadcastng and mcrowave transmsson actvty. It s the antennae used for sendng the sgnal that produces the Electromagnetc Radaton (EMR), whch s wthn the 3 khz to 300 GHz range of non-onsng radaton. Ths Plan s takng a cautous approach to the locaton of such actvtes wthn the Open Space Envronment. An acceptable publc level of exposure for EMR has been adopted from the New Zealand Standard, whch has been thoroughly researched and based upon scentfc evdence. Settng a mnmum dstance enables provson for access, mantenance and publc safety. Hazardous Substances See Appendx 8. Indgenous Vegetaton Clearance The ndgenous vegetaton clearance rule n the Open Space Envronment rule table seeks to protect those large tracts of ndgenous vegetaton that are not currently protected by the provsons that relate to Sgnfcant Ecologcal Areas. Network Utlty Operatons Newly constructed utltes are requred to be underground to preserve the amenty of open space areas. Small juncton boxes, substatons and other equpment cabnets requred, as part of a utlty network that have a heght no greater than 1.5m and a ground coverage not exceedng 3.0m 2, are exempted from ths rule, as the mpacts they make on the envronment are generally acceptable. Prohbted Actvtes The level of radoactvty stated as a prohbted actvty allows for use of household smoke detectors and use of radoactve materals n medcal laboratores and hosptals, but does not allow large nstallatons such as food rradaton plants or nuclear power statons. Sgns Sgns have the potental to affect the vsual amenty of areas generally adjacent to a lvng area. They are therefore controlled n the Open Space Envronment, wth provson made for sgns assocated wth the open space actvty. Chapter 46 Page 8 Whangare Dstrct Plan

9 Part D Envronment Rules Open Space Revson and Sgn-off Sheet Date Approved 27 June 2 October 5 November 5 November 11 December 31 March 2008 Edtor Paragraph Change Reference Decson Date FP deleton of unnecessary reference to sectons of Chapter 47. FP ; 46.5 Parts of Plan Change 49. Daylght Angles Rules and Buldng Daylght Angles explanaton. FP Inserton of hyperlnk to Plan Change 41 Sgns FP ; ; 46.5 Inserton of hyperlnks to Plan Changes 49. FP Correcton of typo n the note reference to refers and should read rule Actvty Generally. FP Nose Amendment of typos n Rules a) bullets and 21 May 2008 FP ; and 46.5 Plan Change 49 Decsons Amendments to Buldng Setbacks Rule and explanaton; Addton of new rule and explanaton for Buldng to Access Setbacks 14 July 2008 FP Plan Change 41 after Councl decson 4 March December Sept August August 2012 FP Underlnng of refence to appendces removed to avod confuson wth hyperlnks FP Plan Change 98 Setbacks from Water Bodes FP Reference to Chapter Plan Change 106 consequental changes, ths provson no longer exst. Councl decson ES 20 September Memo: Clause 20 A Trm Doc 08/20586 Councl Decson ES 14 May 2008 ES 9 July 2008 Operatve Date 12 January 2010 Record 10/96471 FP Update of cross reference LB All Spellng error, reformat of entre chapter. Memo: 21 August 2012 TRIM: 12/66910 Approved By 11 December 2013 MD May 2016 TB September 2016 JM Plan Change 123A consequental changes Electrcty Infrastructure. Deleton of Rules as a result of Plan Change 110 becomng operatve. Plan Change 124 becomng operatve. Operatve Date 13 January 2014 TRIM 14/4071 Operatve Date 24 May 2016 TRIM 16/52692 Operatve date 28 September 2016 TRIM 16/ MM MM Edtor Edtor Poston Approved By Approver Poston France Prévost (FP) Lsa Blagrove (LB) Melane Donaghy (MD) Taya Baxter (TB) Jane Murdoch(JM) Team Admnstrator Polcy Dvson Paul Waanders () Melssa McGrath (MM) Polcy and Montorng Manager () Dstrct Plan Team Leader (MM) Whangare Dstrct Plan Chapter 46 Page 9