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Part D Rules & Standards

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Part D Rules & Standards D: RULES AND STANDARDS PART D RULES & STANDARDS KAPITI COAST DISTRICT COUNCIL D - 1 DISTRICT PLAN D: RULES AND STANDARDS This page is intentionally blank KAPITI COAST DISTRICT COUNCIL D - 2 DISTRICT PLAN D: RULES AND STANDARDS PART D – RULES AND STANDARDS CONTENTS GUIDE TO PART D- RULES AND STANDARDS D-5 (Refer also to Appendices Volume) D1 RESIDENTIAL ZONE RULES AND STANDARDS D1-1 D.1.1 Residential Zone Rules D1-1 D.1.2 Residential Zone Standards D1-15 D1 Appendix 1 – Medium Density Housing Design Appendices D1.1-1 Guide D1 Appendix 2 – Ferndale Area Structure Plan Appendices D1.2-1 D1 Appendix 3 – Pekawy Developments Area Appendices Structure Plan D1.3-1 D1 Appendix 4 – Structure Plan for Development of Appendices Lot 6 DP 75592 and Part Lot 1 DP D1.4-1 88703 (Milne Drive, Paraparaumu D2 RURAL ZONE RULES AND STANDARDS D2-1 D.2.1 Rural Zone Rules D2-1 D.2.2 Rural Zone Standards D2-16 D2 Appendix 1 - Peka Peka North Rural-Residential Appendices Development Area D2.1-1 D2 Appendix 2 – Ngarara Precinct Structure Plan D2.2-1 D2 Appendix 3 – Ngarara Precinct Management D2.3-1 Principles D3 COMMERCIAL/RETAIL ZONE RULES AND D3-1 STANDARDS D.3.1 Commercial/Retail Zone Rules D3-1 D.3.2 Commercial/Retail Zone Standards D3-8 D3 Appendix 1 – Paekakariki Village Centre Design Appendices Guide D3.1-1 D3 Appendix 2 – Meadows Precinct Design D3.2 Guidelines D3 Appendix 3 – Meadows Structure Plan D3.3-1 D4 PARAPARAUMU TOWN CENTRE ZONE RULES D4- 1 KAPITI COAST DISTRICT COUNCIL D - 3 DISTRICT PLAN D: RULES AND STANDARDS AND STANDARDS D.4.1 Paraparaumu Town Centre Zone Rules D4-1 D.4.2 Paraparaumu Town Centre Zone Standards D4-8 D5 INDUSTRIAL/SERVICE ZONE RULES AND D5-1 STANDARDS D.5.1 Industrial/Service Zone Rules D5-1 D.5.2 Industrial/Service Zone Standards D5-6 D5 Appendix 1 - Structure Plan for Development of Appendices Lot 6 DP 75592 and Part Lot 1 DP D5.1-1 88703 Milne Drive, Paraparaumu) D5 Appendix 2 - Structure Plan for Otaki South Appendices Precinct D5.2-1 D6 OPEN SPACE ZONE RULES AND STANDARDS D6-1 D.6.1 Open Space Zone Rules D6-1 D.6.2 Open Space Zone Standards D6-9 D7 RIVER CORRIDOR ZONE RULES AND D7-1 STANDARDS D.7.1 River Corridor Zone Rules D7-1 D.7.2 River Corridor Zone Standards D7-7 D8 CONSERVATION ZONE RULES AND STANDARDS D8-1 D.8.1 Conservation Zone Rules D8-1 D.8.2 Conservation Zone Standards D8-5 D9 AIRPORT ZONE RULES AND STANDARDS D9-1 D.9.1 Airport Zone Rules D9-1 D.9.2 Airport Zone Standards D9-6 D9 Appendix 1 - Design Guide Appendices D9.1-1 D10 WAIKANAE NORTH DEVELOPMENT ZONE RULES D10-1 AND STANDARDS D10.1 Waikanae North Development Zone Rules D10-1 D10 Appendix 1 – Waikanae North Design Guide Appendices D.10.1-1 D.11 NGARARA ZONE RULES AND STANDARDS D11-1 D.11.1 Ngarara Zone Rules D11-1 D.11.2 Ngarara Zone Standards D11-10 D11 Appendix 1 – Ngarara Zone Neighbourhood Appendices Development Areas D11.1-1 D11 Appendix 2 – Ngarara Zone Management D11.2-1 Principles KAPITI COAST DISTRICT COUNCIL D - 4 DISTRICT PLAN D: RULES AND STANDARDS KAPITI COAST DISTRICT COUNCIL D - 5 DISTRICT PLAN D: GUIDE TO RULES AND STANDARDS GUIDE TO PART D - RULES AND STANDARDS 1. Determining Whether An Activity Needs A Resource Consent (A) Zoning There is a need to determine the zoning of the land based on the location of land within the District Plan maps. The Planning Maps are an integral part of the Plan and should be read in conjunction with the Objectives, Policies and Rules of the Plan. There are eight zones, comprising Residential, Rural, Commercial/Retail, Paraparaumu Town Centre, Amended Industrial/Service, Open Space, River Corridor and Conservation Zones. There are three precinct areas change 67 20/8/07 comprising the Waikanae Garden Area and Ferndale Area within the Residential Zone and the Tourist Activity Area within the Rural Zone. (B) Type of Land Use Activity Once the zoning is determined, the proposed activity will need to be assessed in order to determine whether a resource consent is required. There are five types of activity listed in the rules section of this Plan. These are PERMITTED, CONTROLLED, DISCRETIONARY, NON-COMPLYING AND PROHIBITED ACTIVITIES. The following determines the type of activity in the rules of this Plan. A permitted activity is any activity which is listed in the rules as a permitted activity and which complies with all the permitted activity standards or any activity not listed as any other activity and which complies with all the permitted activity standards. If the activity meets all performance standards, there is no need for a resource consent. The activity is permitted as of right. A controlled activity is any activity which is listed in the rules as a controlled activity and which complies with the permitted activity standards but which involves Council specifying matters over which it reserves control. KAPITI COAST DISTRICT COUNCIL D - 6 DISTRICT PLAN D: GUIDE TO RULES AND STANDARDS A resource consent is required for a controlled activity but generally need not be publicly notified (refer Part F of the Plan). Unless there are special circumstances, an application for resource consent for a controlled activity must be approved subject to the Council exercising control over the matters specified in the Plan. A discretionary activity is any activity which is listed in the rules as a discretionary activity and which complies with all of the discretionary activity standards or any activity which does not comply with any one or more of the permitted or controlled activity standards and is not otherwise listed as a non-complying activity. A discretionary activity requires an application for a resource consent which may or may not be publicly notified and which may or may not be approved. The matters to be taken into account when deciding on an application are outlined in Section 104 and 104B of the Resource Management Act 1991. The matters to be taken into account when determining whether an application is to be publicly notified are outlined in Section 94 of the Act (refer Part F of the Plan). A non-complying activity is any activity which is listed in the rules as a non-complying activity or which contravenes any one or more of the discretionary activity standards. A non-complying activity also requires a resource consent which may or may not be approved. When considering an application, the Council must be satisfied that the criteria or ‘tests’ set out in Section 104D of the Resource Management Act 1991 are met before it can exercise any judgement in terms of the matters outlined in Section 104 of the Act. If these criteria are not met then the application must be refused. If they are, then the Council has the discretion to approve or refuse the application in terms of the matters under Section 104B of the Act. The matters to be taken into account when determining whether an application is to be publicly notified are outlined in Sections 94, 94A, 94B, 94C, 94D and 95 of the Act. However, in general applications will be publicly notified (refer Part F of the Plan). A prohibited activity is any activity listed in the rules as a prohibited activity. Prohibited activities can not be approved by Council under ANY circumstances. The Act does not allow consideration of resource consent applications for prohibited activities. KAPITI COAST DISTRICT COUNCIL D - 7 DISTRICT PLAN D: GUIDE TO RULES AND STANDARDS Note: Amendments to the Resource Management Act 1991 which came into effect on 1 August 2003 have been incorporated into the above advice notes. 2. Assessment Criteria Council will, in addition to considering compliance with the objectives and policies of this Plan, have regard to, but not be limited to, the following when determining whether to approve a resource consent and what conditions will be imposed: A. Regarding Discretionary Activities The matters set out in section 104 of the Resource Management Act 1991; The provisions made for complying with the Permitted and Discretionary Activity standards; The impact of the proposal on the natural and physical environment; The design and external appearance of any structure and the visual impact of the proposal on the landscape; The impact of the proposal on Maori ancestral lands, water, sites, waahi tapu and other taonga; The scale of the proposed development and the impact on the character of the locality; The regard given to the avoidance or mitigation of natural hazards; The provisions made to mitigate any adverse effects the proposal may have on the environment. The Council may, if approval is given, place further conditions on a resource consent for a discretionary activity which: avoids, remedies or mitigates any effects resulting from the matters stated above; limit the duration of the consent; allow the effects of the activity to be monitored and the consent to be reviewed. KAPITI COAST DISTRICT COUNCIL D - 8 DISTRICT PLAN D: GUIDE TO RULES AND STANDARDS B. Regarding Non-Complying Activities Any activity which is listed as a non-complying activity or does not meet the Discretionary Activity Standards is a non- complying activity. In considering any application for a non-complying activity, regard will be had to the permitted activity and discretionary activity standards. Conditions may be imposed on particular proposals (or proposals declined) in relation to these standards.
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