“Access leg” is legally part of an individual property, soley for the use of that property, providing legal road frontage. It is not shared and generally used to access rear properties.
“Access lot” means a lot which is jointly owned and provides legal access to more than one lot.
"Accessory Building" is one which is incidental to any permitted activity. "Building Accessory" shall have a corresponding meaning.
“Accessway” means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development (or, on or after the 1st day of April 1988, the Minister of Lands) for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve.
"Accommodation Facilities" means any form of residential accommodation which does not comply with the definition of dwelling or dependent persons dwelling and includes boarding houses, hotels, hostels, motels, camping grounds, retirement villages and rest homes for the rehabilitation and care of any group.
"Act" means the Resource Management Act 1991 and Amendments.
“Advertising Sign” means any name, figure, character, outline, display, notice, placard, delineation, poster, handbill, advertising device or appliance or any other thing of a similar nature intended to attract attention for the purpose of directing, identifying, informing or advertising, and includes all parts, portions, units and materials composing the same, together with the frame, background or structure and support or anchorage thereof, and shall also include any of the foregoing things when displayed on a stationary vehicle, but shall exclude official signs and advertising matter placed on or within a shop display window.
"Air Noise Boundary" is the survey precise boundary of an area which, and only in which, the daily average night-weighted sound exposure from aircraft, over any three month period, is permitted to exceed 65Ldn. Within this area strict land use controls are required and all noise operations must be so controlled that the daily average sound exposure at or anywhere outside the air noise boundary does not exceed 65Ldn.
“Airport Protection Area” means that land within the District identified on Planning Maps number 11, 12, 14 and 31 and Appendix 6.
“Berm” means the area between the road boundary and the road carriageway of a formed road.
"Building" shall have the same meaning as that defined in Section 3 of the Building Act 1991 and means any building or structure or part of a building or structure requiring a Building Consent as defined by that Act. For the avoidance of doubt, in addition to its ordinary and usual meaning, the term “building” shall include the following:
- Any retaining wall or breastwork exceeding 1.5m in height;
- Any fence or wall exceeding 2.0m in height;
- Any pool or tank more than 1.0m in height above ground level or immediately below, (including a detention tank, swimming pool, spa pool, swirl pool, plunge pool and hot tub);
- Any vehicle, caravan or structure whether movable or immovable used as a place of permanent residence or business or for assembly or storage purposes;
- Any mast, pole or radio or television aerial which exceeds 7m in height above the point of attachment or its base support;
- Any permanent tent or marquee or air supported canopy;
- Any part of a deck, or terrace, platform or bridge which is more than 1m above ground level; but does not include any fence or wall.
The Third Schedule of the Building Act 1991, defines Exempt Buildings and Building Work. For the avoidance of doubt, excluded from the definition of “Building” shall be any detached building or structure 10m2 or less in area which does not exceed one storey, and does not contain sleeping accommodation or sanitary facilities for the storage of potable water located closer than its own height to any legal boundary or any residential accommodation. For requirements regarding buildings not requiring building consent see Section 4.6.
"Cleanfill Activities" means the depositing of more than 1000m3 of any non-biodegradable material such as rocks, soil and clay excluding combustible materials and hazardous substances but does not include earthworks associated with an approved plan of subdivision or development and on site farm contouring. See also the Waikato Regional Plan that relates to Soil Disturbance, Roading and Tracking, Vegetation Clearance, Riparian Vegetation Clearance and Cleanfilling and Disposal.
"Commercial Services" means servicing and repair activities including dry cleaning, laundries, shoe repair, locksmiths, domestic and garden appliance repair and the like but does not include motor vehicle servicing and repair.
"Commercial Stockyards, Saleyards or Holding Paddocks" means land or buildings used for the viewing or selling of farm animals. This excludes stock holding pens on farms.
“Community Facility” means any facility owned or used by the community for recreation, sport, cultural or community purposes, on a non-commercial or non-profit making basis. It includes halls, churches, may include theatres libraries, museums and galleries but does not include public utilities and services, racecourses, amusement and wildlife parks, showgrounds and accommodation facilities.
"Comprehensive Residential Development" is a comprehensively-planned residential development located within an identified overlay area that provides for higher density forms of housing through a land use resource consent process. It includes retirement villages.
“Connectivity” in terms of planning for subdivision means the provision of a roading system, which ensures adequate connections to adjoinng land, local facilities and surrounding neighbourhoods through interconnectivity of the local road network in a way that addresses the needs of pedestrians and cyclists.
"Conservation Forestry” means the planting and management of vegetation for water and soil conservation, but excludes plantation forestry and the planting or harvesting of vegetation for commercial gain.
“Contaminant” shall have the same meaning as in the Resource Management Act.
"Dependent Persons Dwelling" means a dwelling accessory to the principal dwelling on the site for the use of persons physically or emotionally dependant on the residents of the principal dwelling.
"Depots" means Transport, Tradespersons or Contractors Depots and includes land and buildings which are used for the receipt, delivery and transit, and storage of goods (including the holding of live animals during transportation) and machinery (including mail sorting distribution centres and equipment hire centres) and as a terminal for passenger transport services and may include the care, housing or parking of commercial vehicles in association with the operation.
"Dwelling" means a self contained residential unit designed for or occupied exclusively by one household and includes apartments, semi-detached and detached houses, home units, town houses, boarding houses and community homes accommodating fewer than six people at any one time and similar forms of residential development. A dwelling may also include attached self-contained suites when occupied by a member of the same family, and garages part of the same building which are primarily for storage of the occupants’ vehicles, tools and the like.
"Education Facilities" means land and/or buildings used to provide regular instruction or training and includes pre-schools, schools, tertiary education institutions, works skills training centres, outdoor education centres and sports training establishments.
"Effluent Aerosols" means particles of effluent that are small enough to become airborne and carry significant distances.
"Electric line" means an electric line as defined in the electricity regulations 1993. References to the undergrounding of electric lines also in this plan include wires but do not include electricity distribution substations and apparatus for connection of supply to individual customers.
"Exclusive Use Area" means that part of a site which must be set aside for the exclusive use of the occupants of the house to which it relates but does not include additional areas of land set aside on another site via easements.
Such areas shall be unencumbered by any right-of-way and/or common area which the occupants of the house are or will be required to share the use of or vest in any other party or the public; easements for water supply and drainage excepted.
"Farming" means and includes breeding of animals, agriculture, horticulture, floriculture, beekeeping, aquaculture and the keeping of not more than 25 poultry and/or 10 pigs, ancillary activities including a topdressing airstrip, dams and irrigation races for on-site water supply and ancillary processing of rural products.
“General quality soils” means land not classified as “high quality soils” as defined in this Plan.
"Gross Floor Area" means the sum of the floor areas of a building measured to the outside of the exterior walls or structural frame of the building, but may exclude any basement, roof space or other floor area allocated to car parking, loading docks and machinery or plant space.
the same meaning as in Section 344 of the Resource Management Act 1991 and shall also include any substances
- with one or more of the following intrinsic properties:
- an explosive nature
- an oxidising nature
- a corrosive nature
- flammability
- acute and chronic toxicity
- ecotoxicity with or without bioaccumulation
- which in contact with air or water (other than air and water where the temperature or pressure has been artificially increased or decreased) generates a substance with any or more of the properties specified in paragraph (a) of this definition.
"Hazardous Facility" means any activity involving hazardous substances and their sites where hazardous substances are used, stored, handled or disposed of, and any installations or vehicles parked on site that contain hazardous substances. A hazardous facility does not include:
- the incidental use and storage of hazardous substances in minimal domestic quantities
- fuel in motor vehicles, boats and small engines
- retail outlets for the domestic scale usage of hazardous substances (ie, supermarkets, hardware shops, pharmacies, home garden centres)
- gas and oil pipelines
- trade waste sewers.
"Hazardous Sub-Facility" means any activity involving hazardous substances, including vehicles for their transport and the land or building on or within which hazardous substances are used, stored, handled and disposed of, where that activity is more than 30 metres from any other activity involving the use, storage, handling or disposal of hazardous substances within that same site.
"Height" in relation to a building means the greater of :
- The vertical distance between the highest part of the building and mean ground level; or
- The vertical distance between the ground level at any point and the highest part of the building immediately above that point. For the purpose of this definition :
"Ground Level" means the finished level of an approved subdivision
"Mean Ground Level" means the average ground level at the external foundations of the proposed building.
"Highest Part of the Building" means the highest part of the building structure and parapets, but no account is to be taken of lift, ornamental and water towers, chimneys, machine rooms, turrets or other such projection, provided such projections:
- Do not exceed a height of 3m above the maximum height permitted in the relevant zone;
- Do not exceed a floor area equal to 10% of the area of the roof to the storey immediately below such projections.
“High quality soils” means land classified as Class I, II and/or III of the New Zealand Land Inventory Worksheets.
"Home Occupation" means an occupation, craft, light industry, profession or similar activity that is conducted in conjunction with a household unit for commercial gain and shall include the sale of goods grown, prepared or manufactured on the site from the site or the dismantling and assembling of machinery on the site from the site.
Provided that:
"Home Occupation" does not include "Kennels/Catteries" or beekeeping.
“Home Occupation” may include farmstay accommodation for up to 6 people at any one time.
"Home Occupation Retail Area" means a retail outlet for the sale of produce or goods grown, prepared or manufactured on-site, or of machinery from the site dismantled or assembled on the site.
"Intensive Farming" means mushroom farming, intensive livestock farming including pig farming of more than 10 weaned pigs, rabbit farms, animal feed lots and other activities (whether free range or indoors) which have or require:
- No dependency whatsoever on the qualities of the soils naturally occurring on the site; or
- Buildings for the uninterrupted housing and growth of livestock or fungi.
Note : This excludes greenhouses and other buildings used for the growth of vegetative matter.
"Industry" means any industrial activity which involves the manufacture, fabrication, or processing of materials, bulk storage and warehousing, and which are not located on the street front of a specified “Shopping Frontage” excluding activities involving the extraction, processing or packaging of:
- Meat;
- Milk;
- Poultry;
- Fish;
- Seafood;
- Animal by products;
- Beverages;
- Produce;
- Pulped Paper.
"Landcare Plan" means a management plan for a farm that is implemented by the land owner/manager. The plan may include, but is not limited to, the sustainable management of stocking rates, fertiliser/pesticides, offal holes/dumps, spraying and buffer zones, trees and riparian planting. Such plans will take into account the requirements of the Waikato Regional Council and the Ministry of Agriculture and Fisheries.
"Light Industry" means manufacturing, preparation, service, repair or storage of goods or produce for sale, service or rent which does not use heavy machinery, does not require an air discharge consent, is carried out indoors apart from parking, essential manoeurvring and outdoor storage and is unlikely to give rise to adverse off-site effects. Light industry includes activities such as clothing or footwear manufacturing, printing, light engineering, car repairs, trademan’s depots, and shall be of a small scale and shall not be located on the street front of a specified “Shopping Frontage”
“Litter Poultry Farming” means intensive poultry (fowls, ducks, geese, turkeys, or similar domesticated birds) farming which;
- Has or requires no dependency on the quality of the soils naturally occurring on the site; and
- Has buildings for the housing or growth of poultry.
"Lot" shall have the same meaning as "allotment" in Section 218 of the Act and shall include lots that relate to land parcel type allotments (not building type allotments), and include:
- fee simple parcels
- land leases of the type requiring subdivision consent, to parts of fee simple parcels,
- convenant areas for cross lease allotments,
- land accessory units and "polygonal units", and
- any land attached to or part of licences within the meaning of Part V11A Land Transfer Act 1952.
For the avoidance of doubt any new lot created shall comply with the minimum standards set down in Section 6, Subdivision, except where such land comprises:
- Public Reserve
- Road reserve or road severances
- Land which is to be compulsorily amalgamated with adjoining land.
"Medical Facilities" means professional facilities for medical, dental or scientific activities and includes medical centres, community health services, paramedical centres, consulting rooms and diagnostic and other laboratories, hospitals, and hospices.
"Mineral Prospecting and Exploration" shall have the same meaning as “prospecting” and “exploration” in section 2 of the Resource Management Act 1991 and section 2 of the Crown Minerals Act 1991.
"Mining and Quarrying" means the extraction of materials from the earth and includes the removal of overburden and the erection, use and maintenance of plant, machinery and buildings and other works connected with such operations but does not include any of the foregoing where the material is for use on the same site, for example, the use of material mined or quarried on a farm for the establishment or maintenance of tracks on the farm.
“Minor” means, in relation to Table 10.2, the repair of materials by patching, piecing-in, splicing and consolidating existing materials and including minor replacement of minor components such as individual bricks, cut-stone, timber section, tiles, and slates where these have been damaged beyond reasonable repair or are missing. The replacement should be of the original or similar material, colour, texture, form and design as the original it replaces and the number of components replaced should be substantially less than existing.
"MPDC Development Manual 2010” means the Matamata-Piako District Council Development Manual 2010.
“Natural Hazard” shall have the same meaning as in the Resource Management Act.
“Natural Native Forest” means an area of native forest which was naturally established as native forest but can include native forest which has been enhanced with native timber species.
"Neighbourhood Node" is a single or small grouping of retail and commercial activities premises (generally comprising a cluster of between 2 and 8 premises) that service the day-to-day needs of the local community. These premises should be focused on activities providing a convenience function.
"Nett Site Area" means the difference in area between the total area of a site and the area of any access strip to the site or over the site to any adjoining site.
"Network Utilities" means and includes electrical lines, water, sewerage and stormwater reticulation, street lighting, radio, telecommunications and gas lines and networks for the measurement, collection and distribution of meteorological information.
“New lot” means the resultant lot from a subdivision. A subdivision, including a boundary adjustment, will result in at least two new lots.
"Noise Emission Control Boundary" means a line drawn about a scheduled industrial site on a Development Concept Plan. Such a line is the measurement point for noise emissions from the industrial activities.
"Non Farm Buildings" means buildings used for residential purposes and accessory buildings incidental to the residential activity.
"Notional Boundary" means, with regard to the measurement of noise, the legal boundary of the property on which any rural dwelling is located or a line 20m from the dwelling whichever point is closer to the dwelling.
"Offices" means professional administrative and commercial offices and includes real estate offices, travel agents, banking offices and postal services.
"Official Sign" means all regulatory traffic and official signs approved by a road controlling authority or provided for under any legislation which are erected on a legal road or motorway.
"Overland Flow Paths" means those within the defined flood hazard areas.
“Parent lot” means the Certificate of Title which is the subject of the subdivision.
"Place of Assembly" means land or buildings for the purposes of the congregation of people for deliberation, entertainment, cultural, recreation or similar purposes and includes, but is not necessarily limited to, churches, halls, community facilities, funeral chapels including crematorium on the same site, clubrooms, taverns, restaurants, art galleries, theatres, sports fields, and tourist facilities.
"Plantation Forest" means land planted and managed for commercial wood production, the preparation of land for planting and the extraction of timber but does not include the milling or processing of timber. Plantation Forestry has a corresponding meaning. For the avoidance of doubt this definition includes that land already planted on Lot 1 DPS 53795, & Lot 1 DPS 57167, Lots 1 & 2 DPS 30665, Lot 1 DPS 56244.
“Pre-development” means the state of a site before any works, permitted or as part of a resource consent, have been undertaken.
“Private way” can include a right of way or an access lot and means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage. This term is used interdependently with the term ‘private access’ used in Table 3.1 of the MPDC Development Manual 2010.
"Public Reserves" means all reserves held under the Reserves Act 1977, wildlife refuges, sanctuaries under the Wildlife Act 1953 and marginal strips, steward strip areas, conservation parks, ecological areas, sanctuary areas under the Conservation Act 1981 and National Parks under the National Parks Act 1980.
“Regular stock movement” means the movement of dairy herds which occur more than two times per month.
"Retailing" means any activity on land and/or within a building or part of a building whereby goods and services are sold, exposed or offered for sale to the public, but does not include the sale of fuel for motor vehicles, restaurants, warehouses, or the storage, distribution or assembly of goods.
"Retirement Village" is a residential complex providing accommodation to residents who are at least 55 years or older.
“Reverse sensitivity” means the potential for the operation of an existing lawfully established activity to be constrained or curtailed by a proposed or more recent activity which is sensitive to the adverse environmental effects being generated by the pre-existing activity.
“Right of way” is the right to pass over property owned by another, or provides the right to another party, to provide access. Is usually based upon an easement.
“Road” shall have the same meaning as defined in the Resource Management Act and “Limited Access Road” shall have the same meaning as in the Local Government Act.
“Road carriageway” is that land within the road boundary that has been developed for the passage of vehicles.
“Rural based industry” means primary industry or rural service businesses which require a rural location and includes mining, quarrying and processing, rural contractor depots, and packhouses and coolstores with a floor area greater than 150m².
“Rural character” includes the following elements:
- A predominance of natural features over human made features;
- High ratio of open space relative to built environment;
- Significant areas of vegetation in pasture, crops, forestry and/or indigenous vegetation;
- A rural working production environment;
- Presence of farmed animals;
- Noises, smells and effects associated with the use of rural land for a wide range of agricultural, horticultural and forestry purposes;
- Low population densities relative to urban areas;
- Existence of some narrow and/or unsealed roads;
- General lack of urban infrastructure;
- At a district wide level, infrequently occurring rural based industry.
“Rural production activities” means permitted activities that involve the production (but not the processing) of primary products.
“Rural-Residential Lot” means for the purposes of applying development controls and servicing a rural activity and/or lot.
"Service Station" means any site used for the retail sale of fuel and lubricating oils for motor vehicles and includes the sale of kerosene, diesel fuel, petrol, CNG, LPG, tyres, batteries and other accessories normally associated with motor vehicles and the sale of convenience goods and may include car washing facilities, premises solely or principally for the repair and servicing of vehicles provided that the repairs undertaken on the premises shall be confined to the repair of motors, motor vehicles and domestic garden equipment and shall exclude panelbeating, spray painting and heavy engineering such as engine reboring and crankshaft grinding.
"Site" means one or several lots or part of a lot clearly related to a particular development, application, proposal, or use. A site comprising more than one Lot shall be held in such a way that separate Lots or part of a Lot cannot be disposed of separately.
See Appendix 2, Figure 1 for definitions of front, rear, corner and through sites.
"Storage and Warehousing" means land or buildings for the purpose of storing materials and includes recycling depots, but excludes retailing.
"Storey" is that part of a building from the upper surface of any floor to the upper surface of the floor above, measured from finished floor level. The topmost storey shall be from the upper surface of the topmost floor to be upper surface of the ceiling joists above, or where no ceiling exists to the upper surface of the roof cladding.
For the purposes of calculating the height of a building, where this is fixed by the number of storeys:
- The maximum height of a storey shall be 4 metres;
- Basements below ground level are excluded;
- An attic, or any space between ceiling joists and a roof shall be counted as a storey when the distance from the upper surface of the ceiling joists, or floor, to the mean height of the upper surface of the roof, is 3 metres or more and the attic has an area greater than 5m2.
"Subdivision" has the same meaning as that found in Section 218 of the Resource Management Act 1991, and includes cross leases, unit titles and company leases in accordance with that definition.
"Upgrading" means for the purposes of Section 8 - electrical lines, that there may be an increase in the carrying capacity of, or security of, the line - provided that existing support structures or structures of a similar scale and character are used. Note: the upgrading permitted does not include a change in voltage to the lines such as 110kV to 220kV unless the existing support structures have already been built to cater for the higher voltage. This definition is intended to enable reconductoring (replacing existing conductors or wires), adding an additional circuit (adding a second set (3) of conductors), and adding earthwires (adding to the top of a structure and placing a wire between pylons to intercept lightning strike).
“Vulnerable road user” means pedestrians, cyclists and motorcyclists at greater risk than others being involved in a crash, or more susceptible to serious injury. It includes older people, impaired people, children and mobility-impaired pedestrians.
"Waahi Tapu" means a place sacred to Maori in the traditional, spiritual, religious, ritual or mythological sense.
"Yard" means a part of a site which is required by this Plan to be unoccupied and unobstructed by buildings from the ground upwards, except as otherwise provided by this Plan and including signs, eaves of any building and any patio, verandah, service station canopies in front yards, gutter or downpipe may project over any yard by not more than 0.6m. (For diagrams illustrating yards see Appendix 2).
- "Front Yard" means a yard between the road and a line parallel thereto and extending across the full width of the site.
- "Rear Yard" means a yard between the rear boundary of the site and a line parallel thereto extending across the full width of the site and passing through the nearest point of the principal to the rear boundary.
Provided that:
In the event of there being a triangular site, the site shall have side yards.
A yard in respect of a rear site means a continuous yard bounded by all boundaries of the site exclusive of the entrance strip. - "Side Yard" means a yard between a side boundary of the site and a line parallel thereto extending from the front yard (or the front boundary of the site if there is no front yard) to the rear yard (or if there is no rear yard, the rear boundary of the site) or if there are two or more front yards extending from yard to yard.
Note: Should any definition in the District Plan conflict with a definition in the MPDC Development Manual 2010, the definition in the District Plan shall prevail.