South Waikato District Plan

11-SUB Subdivision

Issues

The first reason for subdivision controls is that the physical works associated with a subdivision, such as earthworks for services and new roads, have an environmental impact that needs to be managed. The second is that the subdivision sets the pattern for the land-uses that follow, and the requirements, impacts and future needs of these land-uses need to be considered in the subdivision design. It is important to ensure that the subdivision of land is planned in an integrated manner with network utilities and infrastructure, so that the safe, sustainable and efficient function of infrastructure is maintained.

One of the impacts of a subdivision is upon roading, water supply, wastewater, stormwater and reserves networks. If the district plan provides for it, subdivision consent conditions are able to require a financial contribution in respect of these impacts. Under this plan subdividers are required to contribute financially to help mitigate potential adverse effects arising from the subdivision and to ensure that the services within the district that are required to support subdivision and associated development continue to operate effectively. 

New and sensitive land-uses (such as rural-residential development) wishing to establish near major industrial sitesmust recognise the scale of these activities and their environmental effects, so restrictions on subdivision are necessary to avoid inhibiting the operation of these consented or lawfully-established facilities. Similar issues arise in association with the operation of Tokoroa airport. Restrictions on subdivision are necessary to avoid inhibiting the operation of the airport and any future expansion plans.

Subdivision of rural land for lifestyle and other purposes has occurred to a limited extent over the last decade. While limited, demand for rural living is growing and can be provided for but needs to be managed to avoid fragmentation of the rural land resource and the cumulative effects associated with a loss of productive options over time.

Objectives

SUB-O1

To minimise the potential for adverse effects in connection with subdivision of contaminated and potentially contaminated land, so as to avoid or mitigate the risk of adverse effects on human health and the environment.

SUB-O2

To ensure that staged subdivision or development in the Putaruru Growth Cells does not compromise the future urban use of those areas.

SUB-O3

To ensure safe and efficient subdivision, well-integrated with the functions of different roads, and which is designed to provide for appropriate alternative transport modes (particularly walking and cycling). 

SUB-O4

To recognise the outstanding natural features and landscapes in the district and protect the landscape values within these areas from inappropriate subdivision.

SUB-O5

To preserve the natural character of wetlands, lakes and rivers (and their margins) in the district, and protect them from inappropriate subdivision.

Policies

SUB-P1

Enable the provision and expansion of the network utilities and infrastructure and industrial facilities, that are necessary to underpin the operation and prosperity of the District’s urban areas while managing new subdivision and land-uses that may potentially conflict with, restrict or compromise the existing operation of the District's key industrial sites.

SUB-P2

Minimise risks to the health and safety of people by controlling the location and design of subdivision in areas subject to contaminated land and natural hazards.

SUB-P3 

Preserve and enhance the historic values of our towns through ensuring subdivision of sites containing heritage items, including the unique stone houses in Putaruru and Tokoroa, is compatible with those values.

SUB-P4

Conserve the historic values of rural areas through ensuring that any subdivision of sites containing historic places and areas is compatible with those values.

SUB-P5

Provide for subdivision for primary production purposes and associated residential units and ancillary buildings and facilities such as store/loading areas including the bulk store of hazardous substances for cleaning process plant and equipment, fertiliser storage and for wastewater treatment, tanker reception areas, services buildings and storage silos.

SUB-P6

Avoid subdivision in the rural area that does not have an operational or other legitimate requirement for a rural location.

SUB-P7

Provide for the subdivision of land for rural lifestyle activities in specifically zoned locations.

SUB-P8

To minimise the potential for adverse effects of rural lifestyle subdivision, at the interface of the GRUZ and RLZ with other zones.

SUB-P9

Ensure that new subdivision in close proximity to electricity generation core sites and network utilities and infrastructure are compatible with the use and operation of such sites by specifying appropriate environmental standards.

SUB-P10

Manage new subdivision that may adversely affect the existing operation of the District’s key industrial sites, airport, network utilities and infrastructure and related activities.

SUB-P11

Ensure that new subdivisions within Putaruru Growth Cells do not compromise their efficient servicing, or their integration with the existing urban area as new neighbourhoods.

SUB-P12

Impact of subdivision upon future management of indigenous vegetation, including Significant Natural Areas, archaeological sites and areas, and upon heritage places and areas.

SUB-P13

To achieve the Objectives of the Vision and Strategy for the Waikato River by managing subdivision within rural areas and towns located within the River catchment in a way that restores and protects the health and wellbeing of the Waikato River, including by:

(a) Limiting rural residential development to specific zoned areas

(b) requiring setbacks from waterways

(c) including standards for vegetation disturbance, earthworks, silt and stormwater control

(d) managing the effects of large-scale land-use change

(e) maintaining significant indigenous biodiversity associated with the River

(f) creation of new esplanade reserves or esplanade strips. 

SUB-P14

Subdivision incentives are encouraged where the use of covenants by landowners provides statutory protection for land containing significant indigenous vegetation and habitats.

SUB-P15

Subdivision that results in the legal fragmentation of indigenous vegetation including Significant Natural Areas should be avoided, as it can affect the ability to actively and comprehensively manage these areas.

SUB-P16

Improve public access to and along the Waikato River, Te Waihou and other waterways by requiring esplanade reserves or esplanade strips at sites identified on the planning maps at the time of subdivision and by keeping options open for future public use of the river edge through enforcing building setbacks. Also see PA-P3

SUB- Information Requirements

SUB-INFO-R1

All applications shall be in the form specified by Regulations and should include:

(a) Plans drawn to scale, legible and capable of being readily copied. The plans must show, as appropriate:

(i) The address and legal description of the land being subdivided

(ii) The position of any new covenant boundaries for cross-lease and unit title subdivisions

(iii) .The location of any proposed and existing easements

(iv) Abutting and underlying title boundaries, and existing building-line restrictions and easements

(v) The balance area of the property to be subdivided showing proposals for future development (if known)

(vi) Contours or spot heights sufficient for the design of access and services, and to show the general topography of the area, particularly around proposed house sites

(vii) Any features to be protected, including vegetation or trees

(viii) The main topographic features, including water courses, trees and areas of filled ground

(ix) Existing and proposed provision for stormwater and farm drainage, and sewage disposal. For unsewered areas, evidence may be required that sewage can be adequately disposed of in an environmentally acceptable manner, without risk to health

(x) Existing structures (including buildings), and whether such structures will be retained, shifted or removed

(xi) Existing and proposed roads, vehicle crossings, pedestrian accessways, and service lanes with relevant widths, areas and gradients

(xii) The location of utilities, including electricity transmission and distribution lines

(xiii) In urban situations, the proposed location, size and grades of all utilities

(xiv) Proposed areas of excavation and fill, with finished contours where significant alterations to the ground surface are proposed

(xv) Any public works designations

(xvi) Any heritage places, outstanding or significant amenity landscapes or significant natural areas identified by the district plan.

(b) Information on:

(i) The availability of utilities for each new lot including confirmation from the utility provider

(ii) The stability of the new lots, including the depth and compaction of any fill and the future likelihood of earth movement or erosion.

(c) Current Certificate of Title (within 3 months) – can be supplied by Council at the current fee

(d) An Assessment of Environmental Effects (see AA-R1(2)(b))

(e) A list of persons interested or affected by the proposal, the consultation undertaken, and the results of this consultation.

Include an Accidental Discovery Protocol.

SUB-INFO-R2 – Putaruru Growth Cells

(a) In addition to any relevant matters listed in SUB-INFO-R1 above, a Development Concept Plan (DCP) shall be submitted with all subdivisions for a subject site that is wholly or partly within a Putaruru Urban Growth Cell

A DCP should show, as appropriate:

(i) All existing network utilities and infrastructure connection points to the growth cell and commentary of their level of service conditions;

(ii) Proposed ground levels and associated earthworks (cut, fill and waste for disposal) to establish the future development area of the growth cell;

(iii) Location, size and key elements of the proposed 3 waters infrastructure and the efficiency performance measures for their operation, and specific commentary on:

  • Stormwater management, connectivity, collection, treatment and disposal, and on-going maintenance requirements for the development area and its management long-term over the entire growth cell including stormwater overland flow paths and/or changed drainage patterns on adjacent land in different ownership;
  • Wastewater reticulation connectivity and treatment for the entire growth cell and any future areas;
  • Potable water supply connections, management and treatment for domestic, and/or commercial purposes, and compliance with the NZ Fire Fighting Water Supplies Code of Practice (SNZ PAS 4509:2008) for the entire growth cell.

(iv) Technical assessments including all referenced baseline data sources, assumptions, calculations and outputs for 3 Waters modelling to support the above development of the growth cell;

(v) Landscape and natural and heritage features, and sites of significance to Raukawa, including:

  • Means to integrate any such features or sites into the subdivision
  • Means to mitigate effects of the development upon the relationship of Raukawa and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga,

(vi) Natural hazards or physical constraints including means to mitigate such hazards or constraints as part of the overall development of the growth cell

(vii) Open space areas sufficient to provide neighbourhood reserves for formal and informal recreation activities, ecological enhancement and or gully restoration for the entire growth cell, and the multi- purpose uses for these areas;

(viii) Proposals for power and telecommunications services to the subdivision and for the probable future development of the entire growth cell. These proposals shall include correspondence from the service provider confirming the circumstances under which future power and telecommunications are available;

(ix) Proposals to minimise reverse sensitivity issues on the boundaries identified as requiring mitigation on the Planning Maps;

(x) Proposals to manage the cumulative impact of network utility and infrastructure services provision on the total development of the growth cell and neighbouring areas;

(xi) Commentary on transportation links intending to serve the proposed subdivision and probable future development and connectivity to the local or State Highway network, and how subdivision design and lot layout will achieve the safe and efficient operation of the road network including providing for pedestrian and cycleway opportunities. This is to include anticipated traffic generation effects associated with full development of the growth cell and any intersection design upgrades required.

(xii) Commentary on the costs, timing and funding arrangements proposed and possible public-private apportionment;

(xiii) That subdivision and development can comply with WRITS or present an acceptable alternative solution.

SUB-INFO-R3

Refer to AA-R1(3) Further Information

SUB- Rules

SUB-R1 CON Activities

Subject to

The following subdivisions, except for sites that adjoin the Waikato River, and/or hydro-electric power operating easements, shall be CON activities:

(1) Any subdivision to adjust the position of titles or boundaries, which will not increase the number of titles concernedor the number of permitted residential units

(a) Relevant standards in SUB-R5(1) to R5(5)

(b) SUB-R7 where relevant

Matters of control

(a) SUB-R6-(1)

(2) Any subdivision for utilities such as substations, transformers or pumping stations, provided that the balance of the site continues to comply with the provisions of this plan, and that access to the utility is independent of the residual site

(a) Relevant standards in SUB-R5(1) to R5(5) excluding SUB-R5(1)(a), (b),(d),(e) and R5(1)(c)(iii) and (iv); SUB-R5(2)(c)(ii) and (iii), R5(2)(d) and (f); SUB-R5(3)(d) and (f), and SUB- R5(3)(e)(ii) and (iii); SUB-R5(4)(a) to (d) and (f)(g)(j), and SUB-R5(4)(e)(iii) and (iv)

(b) SUB-R7 where relevant

Matters of control

(c) SUB-R6-(1)

(3) Any GRUZ, RLZ, GRZ, SETZ, TCZ, COMZ, NCZ, GIZ, SPZ-ELG or SPZ-AIRP subdivision which meets the relevant standards set out in SUB-R5(1) to R5(5)

(a) SUB-R7 where relevant

Matters of control

(a) SUB-R6-(1)

(4) Any proposed subdivision required specifically to accommodate an activity approved by Council as a consequence of a land use consent approved under the Act

(a) Relevant standards in SUB-R5(1) to R5(5)

(b) SUB-R7 where relevant

Matters of control

(a) SUB-R6-(1)

(5) Any subdivision in the GRUZ or RLZ, if as a result of the subdivision a significant natural area or a significant archaeological site, or item from SCHED2-CH Cultural Heritage Sites is to be protected in perpetuity by covenant or other legal means to the satisfaction of Council. One additional protection lot is allowed under this provision, per significant natural area or significant archaeological site, or item from SCHED2-CH Cultural Heritage Sites, that is being protected

 

(a) SUB-R7 where relevant

Matters of control

(a) SUB-R6-(1), and

To qualify for this provision, the following criteria must be met:

(i) The land being subdivided shall contain all of the archaeological site or area, or SCHED2-CH Cultural Heritage Sites, or part or all of a significant natural area (determined using the criteria contained in the Waikato Regional Policy Statement)

(ii) The site is identified in SCHED3-SNAor, an appropriately qualified person shall certify that the land in question meets the criteria to be a significant natural area, or in the opinion of the qualified person qualifies as a significant archaeological site, (unless is shown in SCHED3-SNA or SCHED2-CH in which case, further certification is unnecessary)

SUB-R2 RDIS Activities

Subject to

The following subdivisions, except for sites that adjoin the Waikato River and/or hydro-electric power operating easements, shall be restricted discretionary activities:

(1) Any subdivision which does not meet the relevant standards set out in SUB-R5(1) to SUB-R5(5), (except those standards specified in SUB-R4, in which case the application becomes a NC activity)

 

Matters of discretion

(a) SUB-R6(1)

(b) Relevant standards in SUB-R5(1) to (5)

(c) AA-R3(1) and (2)

(d) SUB-R7 where relevant

(2) Any subdivision due to non-compliance with SUB-R5(3)(e)(iv)

(a) The provision of certification from a Power provider to demonstrate that connection can be made to the new allotment

(b) Subsequent consent notice to warn potential owners of the lack of this service.

(c) SUB-R7 where relevant

(3) Any subdivision in a GRZ creating one or more allotments of between 300m2 and 450m2 (net site area)

(a) The size and shape of the proposed allotments in relation to their ability to be developed for quality housing with adequate separation from neighbouring properties for visual and aural privacy and with sufficient open space, given the land contour and its orientation to the street.

(b) SUB-R7 where relevant

(4) Any subdivision within the National Grid Corridor defined in the District Plan

(a) The extent to which the subdivision design avoids, remedies or mitigates conflicts with existing lines, for example through the location and design of roads, reserves, landscaping and building platforms

(b) The ability for maintenance and inspection of transmission lines, including ensuring access and any planned and approved upgrade of the National Grid

(c) The extent to which the design and development will minimise the risk of injury and/or property damage from such lines

(d) The extent to which potential adverse effects (including visual) are mitigated through the location of building platforms

(e) Compliance with the NZ Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001)

(f) Outcomes of any consultation with the affected utility operator.

(g) The risk to the structural integrity of the National Grid

(h) The extent to which the subdivision design and consequential development will minimise potential reverse sensitivity and nuisance effects of the National Grid.

(i) SUB-R7 where relevant

(4) Any subdivision within 20m of a sub-transmission line (identified on the planning maps), unless it can be demonstrated that a building platform can be located on each site in a position where a subsequent building can comply with the NZ Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001)

(a) Extent of compliance with NZECP 34:2001

(b) The location, height, scale, orientation and use of buildings and structures to address potential adverse effects on the sub-transmission line, and/or potential risks to public or property.

(5) Any subdivision creating new lots with direct vehicular access to a State Highway

TRAN-R7

SUB-R3 DIS Activities

Subject to

(1) The subdivision of property that contains a built heritage feature identified in SCHED1-HH, or a Site or Area of Significance to Māori identified in SCHED2-CH

Matters of discretion

(a) SUB-R6-(2)

(b) Relevant standards in SUB-R5(1) to R5(5)

(c) Means to integrate any such features or sites into the subdivision

(d) Means to mitigate effects of the development upon the relationship of Raukawa and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga

(e) SUB-R7 where relevant

(2) The subdivision of property in the GRUZ or RLZ that is located:

(a) Within 2km of the GIZ boundary at Kinleith, as shown on Planning Map 43

(b) Within 1km of the GIZ boundary at Lichfield, Tīrau or Domain Road, as shown on Planning Maps 7, 17 and 23

(c) Within 1km of the SPZ-AIRP as shown on Planning Map 44

(d) Within 300m of a mineral exploration, mining and quarrying site as shown on Planning Maps 6 and 9.

Matters of discretion

(a) SUB-R6-(2)

(b) Relevant standards in SUB-R5(3) to R5(5)

(c) SUB-R7 where relevant

 

(3) Subdivisions in a GRZ creating sites less than 300m2 in area, if forming part of a multi-unit development that has been granted land use consent

Matters of discretion

(a) SUB-R6-(2)

(b) Relevant standards in SUB-R5(1) and R5(5)

(c) SUB-R7 where relevant

(4) Subdivision proposals for sites that adjoin the Waikato River and/or hydro-electric power operating easements

 

Matters of discretion

(a) SUB-R6-(2)

(b) Relevant standards in SUB-R5(3) to R5(5)

(c) Such applications shall provide a geotechnical assessment to assess potential erosion and instability threats for identified building sites

(d) Mercury Energy, the Raukawa Charitable Trust and the Waikato River Trails Trust shall be affected parties to any proposals under this Rule.  A record of consultation with these bodies shall be included as part of the information provided with any subdivision application under this Rule.

(e) SUB-R7 where relevant

SUB-R4 NC Activities

Subject to

Failure to meet any of the following standards shall require a subdivision to be considered a NC activity:

(1) GRUZ:

(a) Minimum site area prior to subdivision – 30ha under SUB-R5(3)(a)

(b) Minimum site area prior to subdivision – 4ha under SUB-R5(3((b)

(c) Creation of an additional number of sites greater than that specified under SUB- R5(3)(a) or (b)

(d) Requirement to supply a geotechnical assessment under SUB-R5(3)(g)

RMA provisions

(2) RLZ:

(a) Requirement to supply a geotechnical assessment under SUB- R5(4)(i)

(b) Minimum lot size under SUB-R5(4)(a)

(c) Average lot size when applying the “averaging” standard under SUB-R5(4)(a)(iii) and (iv)

(3) MU-SETZ:

(a) Minimum lot size under SUB-R5(1)(a)(i)

(4) Fragmentation of areas of indigenous vegetation under SUB-R5(5)(c)

(5) GRZ:

Any subdivision in a Residential zone creating one or more allotments of under 300m2 (net site area) shall also be a NC activity, unless the proposal forms part of a multi-unit development that has been granted land use consent

(6) Any allotments created within any National Grid Corridor that does not identify a building platform for the principal building or residential unit (or any other proposed residential unit) outside of the National Grid Yard

 

Advisory Note: Authority to Decline Subdivisions

Even if a subdivision complies with the plan’s standards, Council may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that — 

(a) There is a significant risk from natural hazards; or

(b) Sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision

For the purpose of (a), an assessment of the risk from natural hazards requires a combined assessment of-

(a) The likelihood of natural hazards occurring (whether individually or in combination); and

(b) The material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and

(c) Any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b)

Conditions under section 106(1) must be for the purposes of avoiding, remedying, or mitigating the effects referred to; and of a type that could be imposed under section 108 of the Act.

R5-Standards

SUB R5(1)-GRZ and MU-SETZ

(a) Minimum Size and Shape

(i) Minimum lot size (net site area) shall be 450m2 in the Tokoroa Residential PREC, Putaruru Residential PREC, Tīrau Residential PREC, and in the MU-SETZ

(ii) Sites shall be capable of containing a rectangle suitable for building purposes measuring 10x15 metres.

(iii) All habitable building sites shall be at least 0.5m above the 1% AEP design flood leve

(b) Average Area

For subdivision creating more than one additional site, the average site area of all new sites created shall be greater than or equal to 600m2. Where a subdivision of a block of land is staged, the overall average area of all sites created shall not be less than 600m2 and the subdivider shall provide an overall subdivision plan indicating the full extent of proposed future subdivision

(c) Services

(i) Services provided to all proposed sites shall be in accordance with the WRITS adopted by Council in July 2018.

(ii) Stormwater Disposal

  • Each proposed new site created shall be completely self-contained in respect of stormwater disposal or shall be served by a system approved by Council
  • The subdivider shall also provide for drainage of upstream catchments and mitigate the effects of the development on downstream land or properties owned or occupied by other persons

(iii) Sewerage

  • Each proposed new site created shall have individual sewerage connections to Council’s reticulated system, at the Lot boundary

(iv) Water Supply

  • Adequate water reticulation shall be provided to each site from Council’s water supply system, at the Lot boundary

(d) Access

(i) A formed vehicle crossing shall be provided to each site created

(ii) Vehicle crossings onto State Highways shall comply with the sight distances and separation distances in Table 10 and comply with conditions imposed by the NZ Transport Agency. Vehicle crossings onto local roads shall comply with the WRITS adopted by Council in July 2018

(iii) Any entrance strip which provides legal access to a rear site shall have a minimum width of:

  • 4m where the number of sites is not greater than two
  • 4.5m where the number of sites is three or more

(iv) Where common access to seven or more residential allotments is to be provided, this access must be a new legal road

(v) Formation of vehicle crossings, entrance strips and roads shall be in accordance with the WRITS adopted by Council in July 2018

Table 10 – Sight and Separation Distances

Posted speed limit (km/h

85th percentile operating speed (or if not known, posted speed limit plus 10km/h)

Minimum sight distance (m)

Minimum distance between accessway and nearest intersection (m)

Minimum distance between local roadaccessway and intersection (m)

Minimum distance between accncessways (m)

Not applicable

50

89

30

20

-

50

60

113

30

20

-

60

70

140

30

20

-

70

80

170

100

45

40

80

90

203

100

45

100

90

100

240

200

60

200

100

110

282

200

60

200

 

(e) Power and Telecommunication Services

Each proposed new site created shall be provided with underground electric power and telecommunication services to the lot boundary unless a connection to the lot can be made directly to existing overhead infrastructure

(f) Limitations of Putaruru Growth Cell 1 (Overdale Road)

No subdivision within Putaruru Growth Cell 1 shown on the Planning Maps shall result in the cumulative number of residential unit sites within that Growth Cell exceeding 328 Household Unit Equivalents (HUEs).  This calculation shall include any multi-unit developments already approved by Council

(g) Limitations of Putaruru Growth Cell 2 (Ruru Street)

No subdivision within Putaruru Growth Cell 2 shown on the Planning Maps shall result in the cumulative number of residential unit sites within that Growth Cell exceeding 67 Household Unit Equivalents (HUEs).  This calculation shall include any multi-unit developments already approved by Council

R5(2) – TCZ, COMZ, NCZ, SPZ-ELG, SPZ-AIRP, and GIZ

(a) Minimum Area

No minimum area

(b) Suitability of Lots

All sites shall be of sufficient size to allow for any proposed activity PER in the zone. Subdividers shall indicate in their application how actual and typical buildings, and vehicle parking, access and manoeuvring may be accommodated within the proposed site boundaries. Refer to 7.2 INF

(c) Services

(i) Any public services provided to proposed sites shall be in accordance with the WRITS adopted by Council in July 2018

(ii) Stormwater Disposal

  • Each proposed new site created shall be completely self-contained in respect of stormwater disposal or shall be served by a system approved by Council
  • The subdivider shall also provide for drainage of upstream catchments and mitigate the effects of the development on downstream land or properties owned or occupied by other persons
  • Despite(i) above, sites in the TCZ, COMZ and GIZ shall have individual stormwater connections to a Council-approved system

(iii) Sewerage

  • Each proposed new site created shall be completely self-contained in respect of sanitary drainage or shall be served by a system approved by Council
  • Despite i) above, sites shall have individual sewerage connections to Council’s reticulated system, if available

(iv) Water Supply:

  • Each proposed new lot created shall be provided with an adequate supply of potable water
  • If the land being subdivided is within an area served by a Council water supply, then adequate water reticulation shall be provided to each site

(d) Access

(i) A formed vehicle crossing shall be provided to each site created

(ii) Vehicle crossings onto State Highways shall comply with the sight distances and separation distances in Table 10, and comply with conditions imposed by the NZ Transport Agency 

(iii) Any entrance strip which provides legal access to one or two rear sites shall have a minimum width of:

  • 4.5m where the entrance strip is less than 40m in length
  • 6.0m where the entrance strip is more than 40m in length

(iv) Any entrance strip which provides legal access to three or more rear sites shall have a minimum width of:

  • 6.0m where the entrance strip is less than 40m in length
  • 12.0 m where the entrance strip is more than 40m in length

(v) Where common access to seven or more allotments is to be provided, this access must be a new legal road

(vi) Formation of vehicle crossings, entrance strips and roads shall be in accordance with the WRITS adopted by Council in July 2018

(e) Provision of New Road to Putaruru Growth Cell 4 (COMZ)

Any subdivision creating new allotments within Putaruru Growth Cell 4 (COMZ) shown on the Planning Maps shall provide access to those allotments by way of a new legal road vested in Council from Princes Street, on the land identified as Possible Future Road on the Planning Maps.

(f) Power and Telecommunication Services

(i) Each proposed new site created in an urban area shall be provided with underground electric power services unless a connection to the lot can be made directly to existing overhead infrastructure.

(ii) Telecommunication services shall be available to the boundary of each proposed new site created in an urban area, as certified by a recognised service provider

R5(3) – GRUZ

(a) Subdivision of Sites of 30ha or larger

(i) Site Area (this rule does not apply to subdivision under SUB-R1(5)

  • Minimum – 2500m2net site area
  • Average site area per subdivision – at least 10ha including the balance area
  • The maximum number of sites per subdivision application created (including the balance area) under this rule shall be 3 (i.e. 2 additional). The minimum area required for a subdivision under this rule is 30ha

(b) Subdivision of Sites larger than 4ha and smaller than 30ha

(i) Site Area (this rule does not apply to subdivision under SUB-R1(5)

  • Minimum – 2500m2 net site area
  • Average site area per subdivision – at least 2ha
  • The maximum number of sites per subdivision application created (including the balance area) under this rule shall be 2 (i.e. one additional). The minimum area required for a subdivision under this rule is 4ha

(c) Non-Compliance with following standards shall be NC – See SUB-R4(1)

(i) Minimum site area prior to subdivision – 30ha under SUB-R5(3)(a)

(ii) Minimum site area prior to subdivision – 4ha under SUB-R5(3)(b)

(iii) Creation of an additional number of sites greater than that specified under SUB-R5(3)(a) or (b)

(iv) Geotechnical assessments under SUB-R5(3)(g)

(d) Suitability of Site

Any site being created or developed shall be suitable for the activity for which it is proposed. Suitability will be assessed in terms of topography, hazards, service availability, road access, reverse sensitivity effects and effects on the environment as specified in the zone rules.

All allotments shall have at least one suitable site where a residential unit could be erected, together with associated effluent and stormwater disposal systems. For the purposes of this rule a suitable site for a residential unit is one which complies with this plan’s standards and has been demonstrated to be free of land stability hazards, gully erosion paths, and potential flooding.

(e) Services

(i) Stormwater Disposal

  • Each proposed new site created shall be completely self-contained in respect of stormwater disposal or shall be served by a system approved by Council
  • The subdivider shall also provide for drainage of upstream catchments and mitigate the effects of the development on downstream land or properties owned or occupied by other persons

(ii) Sewerage

  • Each proposed new site created shall be completely self-contained in respect of sanitary drainage or shall be served by a system approved by Council.  Sewage drainage easements into neighbouring properties will not be allowed
  • Despite (i) above, sites shall have individual sewerage connections to Council’s reticulated system, if available

(iii) Water Supply

  • Each proposed new site created shall be provided with an adequate supply of water
  • New allotments being created with an area of 4ha or less shall be provided with an adequate supply of potable water
  • If the applicant advises Council that an allotment of over 4ha will be used for rural-residential/lifestyle use, then a potable and adequate water condition will be imposed
  • In the case of a boundary adjustment proposal, the water supply need not be both potable and adequate if all lots retain their existing operational supply, unless the boundary adjustment substantially changes the character of the resultant lots

(iv) Power

Each proposed new site created shall be provided with electric power to the lot boundary

(f) Access to Allotments

(i) A formed vehicle crossing shall be provided to each site created

(ii) Vehicle crossings onto State Highways shall comply with the sight distances and separation distances in Table 10, and comply with conditions imposed by the NZ Transport Agency 

(iii) Any entrance strip which provides legal access to one to six rear sites shall have a minimum width of 6.0m

(iv) If the entrance strip exceeds 80m in length, spaces visible from one to another shall be provided to enable vehicles to pass, at intervals of not less than 80m. Passing spaces may also be required on entrance strips less than 80m in length, if visibility is restricted along the strip

(v) Where common access to seven or more allotments is to be provided, this access must be a new legal road, to be formed to Council’s standards

(vi) Formation of vehicle crossings, entrance strips and roads shall be in accordance with the WRITS adopted by Council in July 2018

(g) Building Sites/Natural Hazards

Where a proposed building site adjoins the Waikato River and/or hydro-electric power operating easements, a geotechnical assessment shall be provided to assess potential erosion and instability threats for those identified building sites.

R5(4)-RLZ

(a) Minimum and Average Lot Size

(i) Minimum site area prior to subdivision - 1ha

(ii) Minimum lot size shall be 2500m2 net site area

(iii) Average lot size – at least 5000m2 net site area

(iv) For every lot created below the average lot size of 5000m2, another lot with an equal, or greater, area above the average lot size of 5000m2 shall be created. Except that if an odd number of lots is proposed, then one lot may be excluded from this rule.

Rules (i) to (iv) above do not apply to a subdivision under SUB-R1(5)

(b) Non-Compliance with following standards shall be NC-see SUB-R4(1)

(i) Minimum lot size under SUB-R5(4)(i)

(ii) Average lot size when applying the “averaging” standard under SUB-R5(4)(a)(iii) and (iv)

(iii) Requirement to supply geotechnical assessments under SUB-R5(4)(i)

(c) Development Concept Plan

(i) At the time of any subdivision for part of a subject site (being in one or more Certificates of Title) identified as having a RLZ zoning, the Council will require a Development Concept Plan to accompany the application for subdivision.  The Development Concept Plan shall demonstrate the overall compatibility of the present pattern of subdivision to possible longer-term development of the property to ensure that subdivision and development of land will occur in a way that is or can be integrated with possible longer-term development of the whole of the subject site for rural lifestyle living.

(ii) A Development Concept Plan shall show:

  • Landscape and natural and heritage features, natural hazards or physical constraints including means to integrate any such features and or mitigate any hazards
  • Future provisions for infrastructural services (water, water for firefighting, wastewater, access, power, telephone) based on proposed and potential development opportunities for the site
  • Commentary on the cumulative impact of infrastructural services provision on the total development of the area and neighbouring areas
  • Commentary on how stormwater disposal is to be managed so as to avoid adverse effects on the existing environment and any probable pattern of subdivision
  • Commentary on transportation links intending to serve the proposed subdivision and probable future development and connectivity to the local or State Highway network.

Commentary should explain how subdivision design and lot layout has achieved the safe and efficient operation of the road network, how access layout has avoided adverse effects associated with lineal development of lots along road frontages, and how the consolidation of accessways has been integrated into the overall development.

(d) Building Platform

(i) It shall be demonstrated that a building area of at least 160m2 exclusive of all building setbacks required by RLZ-R6(1) and R6(2) can be provided on each site for one habitable building 

(ii) All such habitable building sites shall be at least 0.5m above the 1% design flood level

(iii) The building platform shall not occupy land steeper than 25 degrees unless a regional consent is held

(e) Services

(i) Public Services provided to all proposed sites shall be in accordance with the WRITS adopted by Council in July 2018

(ii) Stormwater Disposal

  • Each proposed new site created shall be completely self-contained in respect of stormwater disposal or shall be served by a system approved by Council
  • The subdivider shall also provide for drainage of upstream catchments and mitigate the effects of the development on downstream land or properties owned or occupied by other persons

(iii) Sewerage

  • Each proposed new site created shall be completely self-contained in respect of sanitary drainage or shall be served by a system approved by Council
  • Despite (i) above, sites shall have individual sewerage connections to Council’s reticulated system, if available
  • Effluent disposal fields shall not be located within 30 metres of the margins of a lake, river or stream.  The term “Effluent disposal field” is defined to be the system used to apply effluent from a wastewater treatment unit into or onto the soil for further in-soil treatment and absorption or evaporation.

(iv) Water Supply

  • Each proposed new lot created shall be provided with an adequate supply of potable water
  • If the land being subdivided is within an area served by a Council water supply, then adequate water reticulation shall be provided to each site
  • Firefighting capability shall be demonstrated for each new site in accordance with NZ Standard SNZ PAS 4509:2008

(f) Access

(i) Lots shall have physical and legal access to a formed legal road

(ii) A formed vehicle crossing shall be provided to each site created

(iii) Minimum sight distances between new accessways shall comply with the sight distances in Table 10

(iv) Access lots and rights-of-way shall be sealed

(v) Any entrance strip which provides legal access to a rear site shall have a minimum width of:

  • 3.5m where the number of sites is not greater than two
  • 4.5m where the number of sites is three or more

(vi) Where common access to seven or more residential allotments is to be provided, this access must be a new legal road, to be formed to Council’s standards

(vii) Formation of vehicle crossings, entrance strips and roads shall be in accordance with the WRITS adopted by Council in July 2018.

(g) Power and Telecommunication Services

Each proposed new site created shall be provided with underground electric power, at the lot boundary unless a connection to the lot can be made directly to existing overhead infrastructure.  Any new telecom lines that are installed shall be underground.

Where access is to be via an entrance strip, services shall be laid to the end of the entrance strip furthest from the road.

(h) Sediment from Earthworks

Sediment discharge associated with earthworks shall comply with regional rules unless a regional resource consent is held.

(i) Building Sites/Natural Hazards

Where a site adjoins the Waikato River and/or hydro-electric power operating easements, a geotechnical assessment shall be provided to assess potential erosion and instability threats for those identified building sites.

(j) Separation Distances

New residential unit sites for subdivisions shall be at least 300m from effluent treatment ponds and the boundary of any sites used for intensive farming activities

R5(5) Further Standards Applying in All Zones

(a) Building Act and Setback Requirements

(i) Where a subdivision creates a party wall, that wall must comply with the Building Act’s fire rating and structural requirements

(ii) All proposed boundaries shall be sited at a sufficient distance from buildingsto comply with the setback and height requirements of this plan, and to meet the fire rating requirements of the Building Act 2004

(b) Services in GRZ, RLZ, SETZ,COMZ, NCZ and GIZ

All cables, including for power, telephone, and street lighting (if applicable), shall be placed underground, except where existing services are above ground or where in Council’s opinion, underground services are economically unjustifiable due to problems associated with such issues as topography, geology, land stability or operational requirements.

(c) Indigenous Vegetation and Habitat Loss

(i) The location of a building platform, any associated driveway, accessway or ancillary works on a proposed site shall exclude areas of recorded indigenous vegetation and habitats as set down in Council’s Heritage and Ecological Inventory. Refer to SCHED1-HH, SCHED2-CH and SCHED3-SNA

(ii) No subdivision of land shall result in any new boundary within 10 metres of any area of indigenous vegetation, or within 10 metres of the edge of any wetland, unless that area is to be protected by a legal covenant or consent notice.

(iii) For the purpose of (ii) above ‘wetland’ excludes:

  • Wetted pasture and pasture with patches of rushes
  • Artificial water courses including wetlands developed primarily for effluent or stormwater treatment disposal
  • Artificial farm drains and canals
  • Artificial reservoirs for firefighting, domestic or municipal water supply
  • Temporary ponded rainfall over areas that would not otherwise be considered a wetland

(d) Heritage

The location of any building platform, any associated driveway, accessway or ancillary works on a proposed site shall not affect any archaeological, historic or cultural sites as recorded in SCHED1-HH- Built Heritage Inventory or SCHED2-CH- Cultural Heritage Sites

R6(1)-Matters of Control and Discretion for CON and RDIS Activities

(a) Provision to be made for water supply, including future firefighting capability

(b) Provision to be made for disposal of wastewater and stormwater management and sediment control

(c) Potential impacts on the safe functioning of roads, with accessways onto roads consolidated wherever possible to minimise the number of crossing places and ensure safe sight separation distances

(d) The width, length, drainage and formation of driveways and rights-of-way

(e) The size, shape and arrangement of allotments and location of proposed boundaries

(f) The creation of appropriate easements

(g) Payment of financial contributions including reserves contribution

(h) Providing, forming, naming and signposting new roads

(i) Preservation of existing vegetation

(j) Provision of esplanade reserves and esplanade strips

(k) Suitability of proposed allotments for subsequent buildings and future use, including the separation of proposed building sites from electricity transmission lines.

(l) Impact of subdivision upon future management of indigenous vegetation, including Significant Natural Areas, archaeological sites and areas, and upon heritage places and areas

(m) Requiring a consent notice to be placed on the titles of newly subdivided allotments which contain an area of indigenous vegetation or a significant natural area, or requiring the covenanting of such areas, to ensure their ongoing protection and maintenance of that area

(n) Fencing off streams, rivers, wetlands and indigenous vegetation with adequate buffer zones to permanently exclude stock, protect ecological functioning of riparian margins, vegetation and aquatic habitats.

(o) The location of any proposed building platform(s) and associated works in relation to an outstanding natural landscape, outstanding natural feature or significant amenity landscape and associated adverse effects on the identified landscape values

(p) Subdivision design and compatibility with any probable subsequent development of further lots on the balance of land zoned RLZ, as illustrated by a Development Concept Plan

(q) In relation to subdivision of land within any Putaruru Growth Cell, the degree of compliance with any Development Concept Plan prepared for the Growth Cell concerned.

(r) In respect of subdivisions which are related to the establishment of a new farming activity or forestry activity, Council has reserved its control to the maintenance and protection of existing wetlands and waterbodies, and including by:

(i) Fencing off streams, rivers, wetlands and indigenous vegetation with adequate buffer zones to permanently exclude stock and protect riparian margins and vegetation

(ii) Requiring a stormwater management plan to manage stormwater runoff and to design and implement sediment control measures

(iii) Considering the extent to which the development will give effect to the objectives of the Vision and Strategy for the Waikato River.

(s) Subdivision, development and associated works which may affect the adjoining land, or the stability of the land being subdivided, being land disturbance, excavation and filling, and land contamination

(t) The extent of disturbance to landforms, landscapes and vegetation cover as a result of the development of accessways, building platforms and buildings including accessory buildings

(u) The adequacy of separation distances between residential units and established rural-based activities to recognise the existing and potential adverse effects of primary production activities, rural industries and rural based recreational activities such as boating, hunting and waterfowl shooting on the amenity values in the local area

(v) Effects (including reverse sensitivity effects) on consented hydro-electric power generation infrastructure, network utilities and infrastructure, or the ongoing operation, maintenance and upgrading of the National Grid.

(w) Extent of set back from margins and easement boundaries of the Waikato River so as not to compromise existing and new walking/cycling trails

(x) Effects of the development upon the health and wellbeing of the Waikato River, considering the extent to which the development will give effect to the Objectives of the Vision and Strategy for the Waikato River. (The Objectives are set out in Part 1.1 of this plan)

(y) Any impact of subdivisional works on the severity of natural hazards, and the effects of hazards on future use of the land being subdivided

(z) Ability to connect to an adequate electricity supply

(aa) Impacts on the function, and safety and efficiency of the transport network

(bb) Infrastructure provision and upgrading, operation and maintenance including works to maintain the function, safety and operation and levels of service of the network utilities and infrastructure.

(cc) The results of any Integrated Transportation Assessment prepared in accordance with the Integrated Traffic Assessment Guidelines, November 2010, NZTA Research Report 422, and/or Traffic Impact Assessment

(dd) Establishment of cycleways, walkways and public transport stops

(ee) Timing and staging of development

(ff) Cumulative effects on infrastructure

(gg) The matters specified in Section 220 of the Act.

(hh) For Putaruru Growth Cell 4 (COMZ) as shown on the Planning Maps, the design and location of the legal road providing access to Princes Street shown as Possible Future Road on the Planning Maps where this has not already been vested in Council.

(ii) Additional matters of control and discretion for CON and RDIS activities refer to AA- R3(2)

(jj) Where the subdivision affects land wholly or partly within a Putaruru Growth Cell shown on the Planning Maps:

  1.                    The extent to which the application demonstrates that a habitable building site meeting the requirements of NH-R1 can be provided on each residential allotment.
  2.                  The extent to which the application demonstrates the overall compatibility of the present pattern of subdivision to possible longer-term development of the property, to ensure that subdivision and development of land will occur in a way that is or can be integrated with development of the whole of the Growth Cell for residential living or business use.
  3.                 The extent to which future building sites are safeguarded and do not compromise the DCP submitted, by means of a consent notice to be placed on newly subdivided titles within the Putaruru Growth Cells.
  4.                The extent to which consent notices and other measures will be effective to minimise future reverse sensitivity concerns on the boundaries identified on the Planning Maps, between future occupants and existing adjoining land-uses. This will usually consist of no-complaints covenants, but alternatives such as construction of solid fencing at the subdivision stage, or greater setbacks for new habitable buildings than required by Rule GRZ-R5 may be considered by Council.
  5.                  Where a staged development is proposed, the extent to which the initial stages are located as close as possible to approved connection points with trunk water, sewer and stormwater services, with subsequent stages forming successive extensions to those networks.
  6.                Where a plan is for a subsequent stage of a subdivision for which a DCP has been submitted as part of an earlier stage, the extent to which the proposed development is consistent with the earlier DCP.
  7.               The extent to which any alternative solutions provide the same level of urban amenity as required in WRITS.
  8.             Where the subdivision affects land wholly or partly within Putaruru Growth Cells 1, 2 or 4 shown on the Planning Maps, requiring consent notices to be placed on the titles of newly subdivided allotments to alert prospective purchasers to the requirements of TRAN-R6(3)-PREC1-Putaruru, INF-R5(4)(a) and (b), GRZ- PREC1-R1(1) and (2).
  9.                Means to mitigate effects of the additional demand for water supply and/or wastewater disposal capacity upon the relationship of Raukawa and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga.

(kk) For subdivisions locating in Putaruru Growth Cell 4 (COMZ) as shown on the Planning Maps, the design and location of the legal road providing access to Princes Street shown as Possible Future Road on the Planning Maps where this has not already been vested in Council.

(ll) In assessing applications for subdivisionwithin Putaruru Growth Cell 1 (Overdale) or Growth Cell 2 (Ruru) that do not comply with SUB-R5(1)(f) and (g) or GRZ-PREC1-R1(1) and (2) relating to the maximum number of HUEs to be provided for in this these Growth Cells, the matters in respect of which the Council has restricted its discretion are:

  1.                    The availability of sufficient water and wastewater infrastructure including water supply for firefighting in accordance with the NZ Fire Fighting Water Supplies Code of Practice (SNZ PAS 4509:2008), to service future subdivision and/or development throughout Putaruru, including in the residential Growth Cells identified by this Plan.
  2.                  The feasibility of alternative measures to achieve required public wastewater and or water supply capacity,
  3.                 Whether the staging and design of development will align with the provision of infrastructure so that the overall capacity of the infrastructure is not exceeded.
  4.                Whether temporary wastewater or water supply capacity can be provided which does not undermine the long-term solution.
  5.                  Whether funding or other such measures have been agreed between the Council as service provider and the applicant to achieve the required public wastewater and or water supply capacity.
  6.                Means to mitigate effects of the additional demand for water supply and/or wastewater disposal capacity upon the relationship of Raukawa and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga. (Also see GRZ-PREC1- R2 for land-use)

R6(2) Matters of Discretion for DIS Activities

(a) Refer to AA-R4(1)   

(b) The matters listed in SUB-R6(1) in relation to CON activities

(c) In respect of subdivisions within 2km of Kinleith, or within 1km of the GIZ or SPZ-AIRP the extent to which the presence of any resulting extra residential units may compromise the efficient operation and/or future development of Kinleith and the other Industrial zone sites, or long-term improvements for increased air traffic at the Airport

(d) For subdivisions in the GRZ creating sites less than 300m2 in area, (if forming part of a multi- unit development that has been granted land use consent), the need for the subdivision to give effect to the land use consent, and for the units created to be provided with adequate utility services

(e) In respect of subdivisions next to the river or a hydroelectric power operating easement under SUB-R3(4), the extent to which future buildings may compromise or interfere with the consented hydro- electric generation infrastructure or future provision of public access along the river concerned, and the hazard risks for future building occupants

(f) Also, in respect of subdivisions next to the river or a hydroelectric power operating easement under SUB-R3(4), the effect of the activity upon the health and wellbeing of the Waikato River.

(g) Whether the subdivision layout has minimised conflicts (including from reverse sensitivity effects) that can arise between existing activities and future inhabitants of residential units permitted by the subdivision

SUB-R7-  Other Plan Matters

The following may also be relevant:

(1) Section 7.1 Energy, 7.2 Infrastructure, 7.3 Transportation

(2) Section 8.1 Contaminated Land, 8.3 Natural Hazards

(3) Section 9.1 Historic Heritage, 9.2 Sites and Areas of Significance to Māori

(4) Section 10.1 Ecosystems and Indigenous Biodiversity, 10.2 Natural Character, 10.3 Natural Features and Landscapes, 10.4 Public Access

(5) Section 12.1 All Activities

(6) Section 12.2 Activities on the Surface of Water, 12.3 Air Emissions, 12.4 Earthworks, 12.5 Financial Contributions, 12.6 Light, 12.7 Noise, 12.8 Signs, 12.9 Temporary Activities

(7) Part 3- Any relevant zone or overlay

SUB- Other Methods

SUB-M1

Standards under WRITS, including for urban earthworks, that promote low-impact environmental design solutions and consider climate change implications for stormwater networks.

SUB-M2

The “Putaruru Growth Plan 2017" developed in collaboration with the Putaruru Moving Forward group, and further such Plans yet to be developed for the District's other towns.

SUB-M3

Water efficiency requirements in Council's Water Supply and other Bylaws and the WRITS (July 2018).

SUB-M4

A Regional Council consent may also be required for on-site sewage discharges pursuant to the Waikato Regional Plan.  Waikato Regional Plan requirements in this regard should be discussed with the WRC

SUB-M5

Works close to any electricity line can be dangerous. Compliance with the NZ Electrical Code of Practice 34:2001 is mandatory for all buildings, earthworks and mobile plant within close for Safe Distances proximity to all electric lines.

SUB-M6

Vegetation to be planted within the transmission or sub-transmission corridors should be selected and/or managed so that it does not breach the Electricity (Hazards from Trees) Regulations 2003. To discuss works, including tree planting, near any electrical line, contact the line operator.

SUB- Principal Reasons

SUB-PR1

Fairly liberal subdivision provisions have been retained for all the urban areas in order to encourage re-development. An example of a targeted approach is the plan’s parking space provisions, where no on-site requirements apply to town centre parking in Putaruru and Tirau, with more parking or cash-in-lieu required on-site in the business and industrial zones. (There are no parking requirements at all in Tokoroa and Kinleith, in order to comply with the NPS-UD)

SUB-PR2

Subdivision and development in the rural area will be managed to avoid unnecessarily constraining established and legitimate primary production activities and other rural-based activities. Subdivision for rural-lifestyle development has been directed to specific locations with the RLZ. The subdivision provisions for properties within the GRZ also direct new residential units and other sensitive land-uses away from the key industrial sites of the district where they are located in rural areas.

SUB-PR3

Subdivision provisions within the GRUZ and RLZ also incentivise the covenanting of significant natural areas by providing for protection allotments to be created. These provisions seek to enable a landowner to subdivide a property, whilst also creating a statutory protection mechanism for protection of significant natural areas. Economic instruments, including subdivision incentives, are considered an effective way of encouraging landowners to retain and enhance significant habitats.

SUB-PR4

In some circumstances, the Council could enter into Private Developer Agreements to record the level of commitment between the Council and developers to provide for an efficient and integrated network of infrastructure services for each of the Growth Cells.

Private Developer Agreements are expected to:

(a) Set out the agreed list of works (staging, timing, priority) required to support existing and new urban development in the selected growth cell;

(b) Confirm the timing and cost apportionment associated with these works to serve existing and proposed new urban development in the growth cell; and

(c) Set out the circumstances under which the developer can implement development earlier than programmed, if a greater funding contribution is available or Council is unable to confirm long term funding /budget allocations for the necessary infrastructure.

SUB- Anticipated Environmental Results

SUB-AER1

Allotments created are provided with the appropriate services, and access, natural hazards and impacts on the operation of existing network utilities and infrastructure are addressed

SUB-AER2

New lots are an appropriate size for the zone concerned and are suitable for future land-uses

SUB-AER3

Impacts of subdivision on the productive potential of the rural land resource are minimised