6.1 Activities Print E-mail

6.1.1 Activity Table



All activities not listed in the Activity Table are deemed to be non-complying unless otherwise provided for. See Rule 2.1.3 (Page B48).		 Key

P: Permitted
RD: Restricted Discretionary		 D:Discretionary
C: Controlled N/C: Non Complying
Click on the Key to display the Rules that apply
ZONES
Type of Subdivision Rural Rural-Res. Res. Ind. Bus. Kaitiaki
(Conserv)

1. Minimum Lot size 350m2 (within 200m of Residential/ Business zone boundary)
N/C
N/C
C
N/C
N/C
N/C

2a. Minimum Lot size 500m2
  • Greater than 200m from a Residential/ Business zone boundary
  • Within Business zones
  • Within non-scheduled industrial sites Provided that within the "Shopping Frontage" character areas there shall be no minimum lot size

N/C
N/C
C
C
C
N/C

2b. Subdivision of scheduled sites
N/C
N/C
D

3. Rural lots

3a Minimum lot size 8 ha
C
N/C
N/C
N/C
N/C

3b Minimum lot size of 5000m2 Class IV - VIII soils
D
D
N/C
N/C
N/C
N/C

3c One rural-residential lot per title in existence at November 1996 with a minimum lot size of 2500m2 and a maximum of 10,000m2.
D
N/C
N/C
N/C
N/C

4. Rural-Residential. Minimum area of 2500m2 with a minimum average of 10,000m2.
N/C
D
N/C
N/C
N/C
N/C

5. Rural lot with a complying dwelling site:
  • Within 500 metres of an existing intensive farm as at 1 September 2003.
RD RD RD N/C N/C N/C
RD RD RD N/C N/C N/C
  • Within 300 metres of existing Council effluent treatment plants at Morrinsville, Matamata, Te Aroha, Waihou as at 1 September 2003.
RD RD RD N/C N/C N/C
  • Within 300 metres of the existing Fonterra - (Waitoa) wastewater plant as at 1 September 2003.
RD RD RD N/C N/C N/C
  • Within the Reverse Sensitivity Areas for the Motumaoho Quarry as shown in Appendix 12 as at 13 May 2005
Measurement of the separation of Intensive Farming/Litter Poultry Farming is to be from the perimeter of the existing sheds/facilities exclusive of spray irrigation areas.
See Rule 1.4.27 for Assessment Criteria.		 RD RD RD N/C N/C N/C

6. Boundary Adjustment
C
C
C
C
C
C

7. Bonus Protection Lot
D
D
D
D
D
D

8. Bonus Reconstituted Lot
D
N/C
N/C
N/C
N/C
N/C

9. Activities with Resource Consent (excluding dwellings)
D
N/C
D
D
D
D

10. Works and Network Utilities
C
C
C
C
C
C

 

Note: Subdivision of land within areas identified as Natural Hazards on the Planning Maps – See Section 11

 

Objectives/Policies
3.4.2.1 O1, O2, O3 P1, P2, P3

6.1.2 Applicant’s Representative

Applications for subdivision consent shall be prepared by a registered surveyor or other qualified person and shall be drawn to scale with appropriate key and supporting documentation as specified in General Provisions : Information Requirements, Section 1.

 

Applications for subdivision consent (ie. the plans and report) shall be submitted to the Council for consent before any work involving disturbance of the land surface or excavation of the land surface (other than work necessary to prepare the application) is undertaken.

 

Objectives/Policies
3.4.2.1 O1, O2, O3 P1, P2, P3


6.1.3 Description of Subdivision Types

  1. Residential, Business and Industrial (non -scheduled) Lot

    1. Minimum area of 500m2, “exclusive use area” provided that in any subdivision containing five or more lots one half of all lots shall have an area greater than 650m2 and a quarter of all lots shall have an area greater than 800m2.
    2. Minimum area of 350m2 “exclusive use area” in a Residential zone within 200m of a Residential/Business zone boundary.
  2. Rural Lot

    1. Minimum area of 8 hectares
    2. Rural-Residential Lot
      One rural-residential lot per title in existence prior to November 1996 shall have a minimum area of 2,500m2 and a maximum area of 10,000m2 whereby:
      • The performance standards of Section 6.2 are met.
      • The balance area shall comply with (a) above.
      • Access is provided on to any road other than a State Highway.
  3. Rural-Residential Zone
    Minimum area of 2,500m2 with a minimum average of 10,000m2. Access to all lots created from the one title is to be from a new road or, if none is provided for, then from one entranceway off an existing road. No new access is to be created off any State Highway.
  4. Boundary Adjustment

    1. The adjustment of boundaries between any existing allotments which will leave each of the allotments involved with substantially unchanged frontages and areas.
    2. A variation to an existing cross lease plan that is required to show new building(s) and/or building line extension(s) provided that any new building(s) and/or extension(s) have obtained a building consent.
    3. Works and Network Utilities

      In any zone the minimum size and frontage standards for subdivision shall not apply where a subdivision is required for the purposes of a network utility or public work.
    4. Activities with Resource Consents

      An allotment may be created for any activity excluding stand alone dwellings approved by Council via a resource consent. The area and frontage shall be appropriate to the approved activity.
    5. Bonus Protection Lots

      1. Where an identified significant feature registered in the Plan or any other feature proven to be of natural, historical, ecological or cultural significance is to be legally and physically protected in perpetuity, one residential lot may be created from the parent lot where the area to be protected is 1 to 15 hectares in area provided that:
      2. One further house site may be permitted where the area to be protected is greater than 15 hectares provided however in both cases the whole of the bush, feature or area worthy of protection on the property must be protected and no area of bush or other feature can be left out or divided for the purposes of obtaining additional lots.
      3. The residential lot created is to have a maximum area of 5,000 m² and a minimum area of 2500 m2 exclusive of the area/feature to be protected.
      4. Other "features of significance" shall require certification from an appropriately qualified person that the feature is of such value that it is in the public interest for the feature to be protected in perpetuity. The feature/area must be fully described and its intrinsic value ranked alongside other similar features.
      5. The house lot must be on the property which contains the area to be protected but it may be distant from the area to be protected and the area to be protected may remain within the balance lot rather than be within the residential lot.
      6. The legal protection of the area/feature shall be achieved by way of a condition of the subdivision consent which requires a legal instrument to be registered on the title of the newly created lot. An agreement regarding an encumbrance or covenant must be entered into before the issue of the Section 224 Certificate under the Act.
      7. The physical protection of the feature shall be achieved by the erection and maintenance of fencing to a stock proof standard. The area must be kept free of livestock and as far as is practicable pests, plants and animals subject of a Regional Pest Management Strategy, and domestic and feral cats and, if flightless or ground nesting native birds are present, free of dogs. All protected features shall be identified by signs and plaques in an appropriate position. The covenant or encumbrance shall include enforcement and penalty provisions.
    6. Bonus Reconstituted Lot

      A boundary adjustment between two contiguous titles that existed prior to November 1996 where the resultant lot size of one title has a maximum of 5,000m² for one dwelling and the remaining title has a minimum of 8 hectares.


    Objectives/Policies
    3.4.2.1 O1 P1, P2
    3.3.2.1 O2 P1, P2, P3


    Explanation

    The minimum Lot size has been defined to retain the open character of the residential and business areas of the District.

     

    It should be noted that for scheduled sites only there is no provision for subdivision to avoid fragmentation and sale of the significant Industrial areas and their associate buffers to other operators.

     

    Council has adopted the rural subdivision minima to protect the high quality soils of the District as expressed in Objective 3.3.2.1 O1 and Policy 3.3.2.1 P2 concerning Sustainable Primary Production and also Objective 3.3.2.2 and associated Policies for Rural Housing. The demand for rural - residential development may be met by the opportunity for dwellings on the 1359 small titles 4 ha. or less that existed in 1994, the bonus protection lot provision and on any property greater than 4 ha. in size. The Bonus Reconstituted Lot provision may also release land for rural-residential use. Council shall monitor the use of such lands over the term of this District Plan. P2 concerning Sustainable Primary Production and also Objective

 

 

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