Assessment of Discretionary Activites - Guidelines

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The following information provides guidelines for developers of the matters that Council will consider in assessing applications for discretionary activities. Council reserves the right to consider additional matters and impose additional conditions from those specified here.

General

The extent to which the activity complies with the objectives and policies of this Plan and meets the purpose of the performance standards explained within each zone.

The matters included in the following:

i) Part 11; and

ii) Section 104 of the Resource Management Act.

Financial contributions listed in Section 7.7.

Transit NZ will generally be consulted where setback requirements for 'Access and Parking', 'Roadside Planting', 'Glare and Signs' do not meet the standards for permitted activities that are adjacent to, visible from or affect, the safe and efficient operation of State Highways.

Standards

Hours of Operation

Hours of operation above that permitted will be considered in relation to the amount of traffic likely to be generated, and the likely effect on the character of the area. Where adverse effects can be mitigated by upgrading road and/or intersection design or by other methods, conditions may be imposed requiring these works to be paid for by the developer. Where mitigation or conditions are not practicable, and the capacity of the roading network or the expected level of vehicle trips in the area will be affected, applications may be declined.

Gross Ground Floor Area of Buildings

Applications to increase the size of buildings above that permitted or relocate existing buildings will be considered with regard to the impact of the building on the area. Design, colour, landscaping and screening will be considered and where appropriate, conditions may be imposed to mitigate the impact. The particular activity that the building will be used for will also be considered with regards to its impact - for example a large church may be considered appropriate within a residential area.

Height and Height in Relation to Boundary

Applications relating to height of buildings will be considered with regard to the effect on neighbours and the character of the area. Increased height above that permitted as of right, will only be allowed where there are exceptional circumstances and the building will not cause any more shadow or more restriction of view of neighbours than if the building was built to the permitted height. The effect on character will be considered in relation to the statements on each policy unit and the existing situation. For example, it will generally be inappropriate for a tall building to establish where the area contains only buildings of a much smaller scale, however if the location is particularly appropriate and the activity is to be encouraged, then an application may be granted.

Number of Dwellings Per Site in Residential Areas

In the residential areas, increased numbers of dwellings will generally be acceptable provided that measures to mitigate any adverse affects are included in the proposal. Such measures should include sufficient outdoor space for each unit, sufficient parking space, appropriate design for the area, landscaping and separation from boundaries.

In Kumara Junction Developments, the need for an extra dwelling will be considered, along with any potential effects on the environment and neighbouring properties.

Number of Dwellings Per Site in Rural Areas

In the rural area, up to 2 dwellings are allowed as a discretionary activity. The need for an extra dwelling will be considered, along with any potential effects on neighbouring properties. A second dwelling will generally only be allowed where it is needed for staff to carry out a farming activity on the site or where it is needed for a dependent relative. The proposal must demonstrate an ability to meet its own servicing needs and financial contributions may be required. It is anticipated that sites where a second dwelling is applied for, will be larger than average.

Dwellings in Industrial, Commercial and Tourist Zones

Dwellings in the industrial, commercial and tourist zones should be linked to a permitted activity on the site (for example custodial purposes). Where neighbouring activities are likely to cause adverse effects on residents, measures to mitigate effects such as screening and insulation will be considered. Conditions requiring a dwelling not to be sold separately from the other activity to which it relates may also be considered. In cases where neighbouring activities are likely to lead to an unacceptable health and safety risk for residents, applications will be declined.

Setback from Road

Applications to reduce the setback from the road will be considered in relation to specific site factors, the character of the area and provision for parking. Where most existing buildings in the area are set back from the road, applications to significantly reduce the setback will not normally be granted. As part of the reason for front yards

is to provide extra space for parking in front of a dwelling, reduction in the setback for a dwelling will also generally not be permitted if there is insufficient space or access for two parking spaces behind the front line of the dwelling. Specific site factors such as the need to build forward of substantial trees will be considered as mitigating factors. Reductions in setbacks for garages will be considered where the garage will not cause a traffic hazard, landscaping is proposed and the character of the area will not be adversely affected.

Other Setbacks

Applications to reduce other setbacks will be considered where it can be demonstrated that there are unlikely to be adverse effects on neighbouring properties.

Site Coverage

Applications to increase site coverage above that permitted will only be considered where there are exceptional circumstances such as unusual site factors. It must be demonstrated that the site coverage will not affect neighbours or the character of the area.

Building Length

Applications for increased building length will only be granted where it can be demonstrated that there will be no effect on neighbours especially in relation to shadowing, or perceived dominance.

Historic Places

Applications to modify places listed in Appendix A will be considered with regard to the importance of the place. Where the modification will not affect the historic integrity of the item, it will generally be supported. Where the modification will assist in retaining the item, although affecting some parts of it, the Council will also generally be supportive but may require measures to mitigate the effect such as photos of the item before it is modified. Where the application removes the historic merit of the item or demolishes it, the Council will seek meetings with the applicant and any other interested persons in order to develop proposals for amending the application - whether the proposal is in accordance with the principles of the ICOMOSNZ Charter.

Council resolves to place heritage protection authorities who have heritage protection orders on buildings in Westland on a non-statutory register for guidance on 'affected persons'.

In addition to any other relevant considerations, Council shall have regard to the following matters in respect of any application relating to an item on Appendix A:

- The category in which the resource is scheduled by the New Zealand Historic Places Trust and the reasons why it has been scheduled

- The nature, form and extent of the proposed development and the effect of these factors on the character of the scheduled item

- Any conservation plan or assessment of environmental effects submitted with the application

- Whether the consent of the New Zealand Historic Places Trust has been obtained.

Outdoor Space

Applications to reduce the amount of outdoor space per dwelling will be considered where there are measures to mitigate the effect. Such measures could include balconies, communal open spaces, landscaping or screening for privacy. Proximity to public reserves may also be considered.

Verandahs

The requirement for verandahs may be waived where adjoining buildings do not have verandahs, there is little pedestrian traffic or the design of the building is such to make a verandah inappropriate, or where a listed item or historic building previously did not have a verandah or where it is not possible for the verandah to be compatible with overall design and appearance of the building.

Number of Employees

Increased numbers of employees will be considered in relation to the likely effect they will have on the amenity of the area and potential to affect the viability of commercial areas. In particular, traffic generation and noise will be considered. Measures to mitigate the effect such as provision for parking may be imposed as conditions.

Distance of Buildings to Mean High Water Springs

Applications to reduce the minimum distance of buildings from MHWS will be considered where they will not affect water quality, public access to and along the waterway, and the natural character in the area. Buildings such as protective structures, public works and sewer outfalls may be appropriate.

Stormwater Disposal

Applications to direct stormwater other than as permitted, will be considered with regard to the effect on natural resources and the effect on any neighbouring properties and whether the owners of those properties consent to the proposal.

Roadside Planting

Applications to retain planting which may affect visibility or safety on the roads will be considered with regard to the importance of the vegetation to the amenity of the area, and the degree of danger likely.

Glare

Applications for lighting which does not meet the requirements of the Plan will be considered with regard to safety and the effect on any neighbouring properties and whether the owners of those properties consent to the proposal.

Hazardous substances

Applications for using hazardous substances in a manner which does not comply with the Plan will be considered with regard to safety, and the neighbouring environment.

Airport Protection

Applications to exceed the height controls and restrictions in the Airport Protection zone will be considered with regard to safety and the comments of the Hokitika Airport controlling authority.

Access and Parking

Applications to waive or reduce any of the requirements and standards specified in sections 8.9 and 8.10 shall be considered in relation to the following:

- Comments from Transit New Zealand.

- The accessibility of the site and its physical characteristics to the extent these affect the ability of the site to provide for access and off-street parking space.

- The current and probable future traffic volumes on adjoining roads including any particular traffic problems in the locality.

- Any impacts on the safety and efficiency of the road or State Highway, traffic congestion and pedestrian/cycle/vehicle conflict in the vicinity of the site.

- The likely number of visits to the site by car, including service and delivery vehicles or numbers of workers, residents, employed or accommodated on the site such that it is below that normally expected for that activity.

- The amount of public off-street parking that is, or is planned to be, available in the vicinity and whether this is sufficient to meet the increase in parking demand created by the activity.

- The number of customers or users of the site that are transported to it by bus or other alternative transport such as cycling, train or walking. Bus parking spaces may be required as an alternative to parking standards.

- The impact on the amenities of neighbours, in particular in residential areas, of an increase in on-street parking.

- The hours of operation of the activity and the potential for several adjoining users to combine or reduce parking areas where off-street parking is required at different times of the day or night.

- Where loading and unloading is conducted between 6 p.m. and 8 am a loading space may be dispensed with, as long as this function could occur from a street park adjacent to the site.

Signs

Applications for signs that do not comply with the performance standards for a permitted activity set out in the rules for the relevant zone are a discretionary activity. Such applications could include applications for additional signage related to the activity occurring on the site, or for larger signs with additional words or symbols.

All discretionary activity applications for signs will be considered with regard to the effects of the specific proposal on the environment, including actual or potential effects on visual amenity and traffic efficiency and safety as follows:

- Impact on Visual Amenity. When assessing an application, the Council will specifically consider actual or potential effects on the site and its environs including whether the sign will obscure or detract from a particularly significant building, view or landscape feature. In rural areas, signs should not project above the visual horizon when viewed by passing motorists. In all areas, the proposed materials and colours should be sympathetic to the location.

- Impact on Traffic Efficiency and Safety. When assessing an application, the Council will specifically consider actual or potential effects on the site and its environs in terms of traffic safety, including but not limited to:-

o The legal and operating speed of the road

o Whether the sign will:

- obstruct the motorist’s view or dangerously

distract their attention from the driving task

- obscure or obstruct visibility to other signs, including signs erected by the road controlling authority for road safety or driver information purposes.

o The siting of the sign in relation to intersections

o The visibility of the sign and the legibility of its content, including consideration of the lettering size and height, numbers of words and symbols and readability of the font used

o Whether light spill and glare will be directed away from the road

o The potential distraction to road users from the driving task through the use of illumination and flashing, rotating or moving signs or displays

o Provision of any mitigating safety benefits through further or better identifying the activity on the site to which the sign relates and clearly identifying its access points.

Signs directed at the State Highway will require written approval of Transit New Zealand.

- Other Matters. In assessing discretionary activity applications for signage, the Council will also consider:

o The necessity of the sign for its proposed purpose, particularly if there are other available means of conveying information, such as Transit early warning signs or road information kiosks.

o The number of other signs currently present in the locality or area and whether approving the sign will result in a cumulative effect on either traffic safety or amenity values.

o The need to impose conditions relating to the location, design, appearance and content of the sign and the period for which it may be erected or operated.

Other

The following are notes regarding applications for activities which are anticipated to frequently occur.

Applications to Sell Goods to the Travelling Public in the Rural zone

Selling produce grown on site is permitted if incidental to an agricultural activity. Any other sales are discretionary. Applications to sell goods in the rural area will be considered with regard to scale, the activities on that site and neighbouring sites, potential impacts on the viability of settlements, and traffic impacts. Most of the goods should be either made on the site (for example crafts) or be similar to those grown on the site (for example different vegetables). Where permission could lead

to business within settlements losing viability, an application may be declined. Where permission could lead to unacceptable traffic conflict, applications may be declined, although measures to mitigate effects such as parking and access will be considered. Consultation with Transit New Zealand shall be required where the proposed activity is on a State Highway. Minimum sight distances from accesses of rural selling places may be set with reference to Transit NZ guidelines.

Applications for Odorous activities

Applications to establish any odorous activity specified in Appendix G is a discretionary activity. Applications to establish odorous activities will be considered with regard to neighbouring land use and measures to mitigate adverse effects. Where residents are likely to experience strong smells, or the activity is likely to conflict with existing uses nearby, applications may be declined. Buffers, insulation and good management practices will be considered as mitigating factors.

Utilities under 6.4 (c) or (d)

The potential for co-siting the utilities and the extent to which the provider of the utility has investigated the potential.