An application for a Certificate of Compliance must include sufficient detail to assess whether the proposal complies fully with this plan, or with the “existing use right” provisions in Section 10 of the Act. This may include the same information specified in AA-R1(2).
If existing use rights are relevant, information on the proposed activity and a site history will be required to establish pursuant to Section 10 that the effects of the proposal are of a similar character, intensity and scale to that which was lawfully established on the site.
(a) Information to be provided
ADVISORY NOTE: - Insufficient information may delay the processing of an application or may result in Council returning it to the applicant under Section 88(3) of the Act as incomplete.
(i) All applications shall be in the form specified by Regulations, and should explain:
(a) Who is making the application, and the location of the site concerned
(b) The nature, staging, and physical extent of the proposed activity
(c) Relevant operational matters, staff numbers, traffic, access and parking, and parking demand management information
(d) Landscaping and screening proposals
(e) The actual or potential effects that the activity may have on the environment, with an AEE report appropriate to the scale of the activity’s potential effects (See AA-R1(2)(b) below)
(f) The ways in which any adverse environmental effects can be mitigated
(g) Any other resource consents that the activity may require, and whether or not such consents have been applied for.
(h) Any resource consent application for activities requiring noise attenuation/reduction shall be accompanied by the following additional information:
(i) Any resource consent application for activities that do not comply as a PER activity under HAZ-R1 shall be accompanied by the following additional information:
(j) Any resource consent application for a conversion of commercial forestry land for farming shall be accompanied by the following information:
ADVISORY NOTE: Heritage New Zealand has statutory responsibility for the regulation of all activities (including modification or disturbance) relating to archaeological sites under the Heritage New Zealand Pouhere Taonga Act 2014. Applicants should seek direct guidance on such matters from Heritage New Zealand as a separate authority is required for all such activities regardless of whether works have been authorised by a resource consent issued by the District Council.
(k) A heritage assessment shall be provided for applications to undertake additions, alterations, relocations or demolition of a built heritage feature listed in SCHED1-HH. The assessment shall be proportional to the scale and intensity of the effects of the works being undertaken and shall be prepared by a suitably qualified person. The heritage assessment shall address the criteria contained within HH-R6, Criteria for Determining Significance of Heritage Features. The assessment may include advice from Heritage New Zealand Pouhere Taonga. This assessment is in addition to the information requirements of AA-R1(2)(b)(iii)(d).
(l) A current Certificate of Title (printed within 3 months), which can be supplied by Council at the current fee.
(m) Any resource consent application for the establishment of new tracks and/or fences, except where permitted under Rule ECO-R1(c)(ix) within a Significant Natural Area (SNA) identified in SCHED3-SNA shall be accompanied by the following information:
(n) Any resource consent application for the removal of vegetation including harvesting in a Significant Natural Area in accordance with an approved Sustainable Forest Management Plan or Permit approved by the Ministry of Primary Industries under the Forests Act 1949 shall be supported by:
(ii) Changes to the design and other details of a notified application may be made before the end of a hearing, but only if the amendments are within the scope of the original application. If the changes go beyond that scope, such as by increasing the scale or intensity of the proposed activity, or by changing the character or effects of the proposal, a fresh application will be required.
(iii) Applications must include a set of drawings to explain the proposal. These drawings must be accurate, legible and capable of being readily copied, and should show, as applicable:
(a) Site location, with road name, property boundaries, and north point
(b) Site plan at an appropriate scale, showing:
(c) A floor plan of each building at an appropriate scale, showing the internal layout of the building and the use of rooms or parts of a floor
(d) Elevations of each building at an appropriate scale, showing:
(b) Assessment of Environmental Effects (AEE)
(i) Any AEE supplied with an application must provide enough information for anyone to understand the actual or potential effects (both positive and negative) of that activity on the environment, and the ways in which any adverse effects will be mitigated. The level of detail shall correspond with the scale and significance of those effects.
(ii) If the application is for a CON activity or RDIS activity, the assessment need only cover the matters over which Council has retained discretion.
(iii) An AEE should include the following, as appropriate:
(a) A description of the site and its neighbourhood
(b) A description of the proposed activity, and, if the activity may have significant adverse environmental effects, the reasons for selecting the proposed site, scale and type of activity
(c) A review of the resource management policies which apply to the proposal
(d) An assessment of the actual or potential effects on the environment of the activity, including adverse effects, benefits and cumulative effects, particularly:
(e) An Integrated Transportation Assessment for the development prepared in accordance with the Integrated Transport Assessment Guidelines, November 2010, NZTA Research Report 422, and/or Traffic Impact Assessment.
(f) A Cultural Impact Assessment detailing the impact of the development upon the relationship of Tangata Whenua and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga
(g) A description of the mitigation measures (including monitoring, safeguards and contingency plans where relevant) to help prevent or reduce any adverse environmental effects, including an explanation of why these mitigation measures were preferred to others
(h) A list of persons interested or affected by the proposal, the consultation undertaken, and the results of this consultation
(i) A description of how the activity’s effects are to be monitored and by whom.
Refer NATC-R3(3) also
(a) Council may, under section 92 of the Act, require applicants to supply further information which is needed to better understand:
(i) The nature of the proposed activity
(ii) The effects the proposed activity may have on the environment
(iii) The ways in which any adverse environmental effects are to be mitigated.
(b) If any significant adverse effect may result from a proposal, the Council may commission a report, with the report brief prepared in consultation with the applicant, for purposes which include:
(i) Checking the accuracy, relevance and completeness of the information provided
(ii) Reviewing any technical or operational details of the proposal
(iii) Identifying and assessing any natural hazard or the use or storage of any hazardous substance, including measures to mitigate any potential adverse effects
(iv) Providing information on matters such as heritage values, amenity values or cultural considerations.
(a) The Council is precluded from giving public notification of any application for a resource consent for a CON activity or a RDIS activity, except where AA-R1(4)(g) applies,
ADVISORY NOTE: - Under Section 95A(2) of the Act, applications for DIS and NC activities need not be notified if Council is satisfied that the adverse effects of the activity on the environment will be minor.
(b) The Council is precluded from giving limited notification of any application for resource consent, except where Rules (c) to (fb) below apply, where:
(i) The application is for a CON activity land use or subdivision consent, or
(ii) The application is for a RDIS activity subdivision consent, except where the subdivision has become RDIS due to its proximity to high voltage transmission lines, or sub-transmission lines, in which case the electrical line owner and/or operator will be the affected parties, or
(iii) The application is for a RDIS activity land use consent except where the activity involves building setbacks from, or earthworks near, electricity transmission lines in which case the electrical line owner and/or operator will be the affected parties, or
(iv) The application is for a RDIS activity land use consent which concerns non- compliance with any of the following rules:
ADVISORY NOTE: - Under Section 95E(3) of the Act, Council must decide that a person is not an affected person if that person has given their written approval to the activity.
(c) Transpower will be notified as an affected party and/or provided limited notification of resource consent applications, where these are likely to affect a National Grid Corridor as illustrated in the definitions section of this Plan.
(d) The NZ Transport Agency will be considered an affected party and/or provided limited notification of resource consent applications for:
(i) Subdivision applications under SUB-R2(5)
(ii) Land use applications seeking exemptions from the traffic generation limits and/or vehicle access requirements in the following Rules:
(e) Mercury Energy Ltd will be notified as an affected party for:
(i) Subdivision applications under SUB-R3(4)
(ii) Subdivision or land use applications seeking exemptions from:
(f) The Raukawa Charitable Trust will be notified as an affected party and receive limited notification of resource consent applications for the conversion of commercial forestry land for farming under GRUZ-R2(2), in relation to the location of identified recorded and unrecorded:
(i) cultural landscapes and cultural sites; and
(ii) archaeological sites of Māori origin.
(fa) For non-compliance with INF-R6(4), limited notification to iwi and hapū is not precluded.
(fb) The Raukawa Charitable Trust and/or related iwi and hapū will not be precluded from receiving limited notification of resource consent applications for subdivision and/or development in the Putaruru Urban Growth Cells shown on the Planning Maps.
(g) Despite the above, the Council must, under Sections 95A and 95B of the Act,
(i) publicly notify any application if an applicant requests, and
(ii) must determine whether special circumstances exist in relation to the application that warrant the application being publicly notified under Section 95A(9) or limited notified under Section 95B(10). If the answer is yes, the application must be respectively publicly notified or limited notified.
(These provisions apply to the consideration of applications identified as being for a CON or RDIS activity identified under each chapter).
The matters in respect of which Council has reserved its control are:
(a) Refuse transfer stations, and Recycling depots with a gross area of over 20m2 (INF-R2(2):
(i) The potential impact of the development on traffic safety and efficiency
(ii) Site management to minimise nuisance for nearby residents and properties, including from odour, vermin and wind-borne debris.
(b) In relation to an application under ECO-R2 for a CON activity for the removal of vegetation including harvesting in a Significant Natural Area in accordance with an approved Sustainable Forest Management Plan or Permit or personal use approval issued by the Ministry of Primary Industries under the Forests Act 1949 under ECO-R2:
(i) The protection of the habitats of threatened or at-risk species including the opportunities for the relocation of indigenous fauna (in accordance with the Wildlife Act 1953);
(ii) The effects on the relationship of tangata whenua with their ancestral lands, water bodies, wāhi tapu, and other taonga;
(iii) The measures to avoid, remedy, or mitigate any adverse effects on the significant indigenous vegetation and significant habitats of indigenous fauna. This shall include but is not limited to, control over which specific tree(s) is removed, modified or not removed, the timing (for example sensitivity to roosting) and sequence of removal where relevant.
(c) In assessing applications for controlled activities within Putaruru Growth Cell 4 shown on the Planning Maps, the matters in respect of which Council has reserved its control are:
(i) The degree to which the activity would contribute to a cumulative increase in vehicle movements to and from GC4 at the Princess St/SH1 intersection at peak hours, as indicated by an Integrated Traffic Assessment prepared for the activity,
(ii) The degree to which the activity would contribute to a cumulative increase in vehicle movements to and from GC4 at the Princes St/SH1 Intersection at peak hours, as indicated by an Integrated Traffic Assessment prepared for the activity,
(iii) Impacts on the safe and efficient functioning of the road network,
Measures proposed to mitigate any adverse effects on the Princes St/SH1 intersection,
(iv) 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.
(v) 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.
In assessing applications which have become RDIS activities due to non-compliance with the plan’s standards, but which otherwise would have been CON activities, Council has restricted its discretion over matters relating to the effect of allowing non-compliance with the particular standard (or standards) which the proposal has failed to meet. Council has also reserved its control over the matters which relate to that type of CON activity which are either listed below or identified with each activity.
(a) In assessing applications under GRUZ-R35 that have become RDIS due to non-compliance with NATC-R2 and EW-R5 or AIR-R5 the matters in respect of which Council has restricted its discretion to avoid, remedy or mitigate the adverse effects are:
(i) Measures to manage the effect on natural character, indigenous biodiversity and riparian margins
(ii) Measures to manage the effects on the health and wellbeing of the Waikato River catchment, including the objectives of the Vision and Strategy for the Waikato River. (The Objectives are set out in Part 1 of this plan)
(iii) Measures to prevent or reduce stock access to the waterbody and its riparian margins
(iv) Any monitoring and or review conditions.
(b) In assessing applications for subdivisions or land use activities within Putaruru Growth Cell 1 (Overdale) or Growth Cell 2 (Ruru) that do not comply with SUB-R5(1)(f) or (g) or GRZ-PREC1-R6(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:
(i) 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.
(ii) The feasibility of alternative measures to achieve required public wastewater and or water supply capacity,
(iii) 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.
(iv) Whether temporary wastewater or water supply capacity can be provided which does not undermine the long-term solution.
(v) 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.
(vi) 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.
Additional matters over which control has been reserved for all CON activities except for resource consent applications for conversion of commercial forestry for farming which shall be exempt for consideration under AA-R3(2)(l) below, and to which discretion has been restricted, for all RDIS activities, are:
(a) Financial contributions in the form of money or land, or a combination of these. (Refer to FC-R1 and FC-R2
(b) Bonds or covenants or both, to ensure performance or compliance with any conditions imposed, including provision for variation, cancellation or renewal or covenants
(c) Administrative charges to be paid to the Council in respect of processing applications, administration, monitoring and supervision of resource consents, and for the carrying out of the Council’s functions under section 36 of the Act.
(d) A requirement that the consent holder supply information relating to the exercise of the consent, as detailed in section 108(3) and (4) of the Act
(e) Works or services to ensure the protection, restoration or enhancement of any natural or physical resource, including the creation, extension or upgrading of services and systems, planting or replanting, or any other works or services necessary to ensure the avoidance, remediation or mitigation of adverse environmental effects
(f) The duration or lapsing of a consent, under sections 123 and 125 of the Act
(g) Change and cancellation of a consent, under sections 126 and 127 of the Act
(h) Notice that some or all conditions may be reviewed at some time in the future, under section 128 of the Act
(i) Whether any land use or subdivision consent should attach to the land to which it relates, and be enjoyed by the owners and occupiers for the time being, under section 134 of the Act
(j) Consent notices to secure compliance with continuing conditions under section 221 of the Act
(k) Impacts on the function, and safety and efficiency of the transport network
(l) Whether the activity involves the loss of indigenous biodiversity in areas important for any of the following:
(i) continued functioning of ecological processes
(ii) supporting (buffering and/or linking) ecosystems, habitats and areas identified as Significant Natural Areas
(iii) providing ecosystem services
(iv) the health and wellbeing of the Waikato River and its catchment
(v) providing natural character and amenity values
(vi) Tangata Whenua relationships with indigenous biodiversity including their holistic view of ecosystems and the environment
(vii) enhancing the density, range and survival of indigenous flora and fauna
The conversion of commercial forestry for farming is exempt for consideration under (l)(i) to (vii).
(m) Any matters identified by the NZ Transport Agency
(n) Infrastructure provision and upgrading, operation and maintenance, including works to maintain the function, safety and operation of network utilities and infrastructure to maintain levels of service to zoned land and ensure Council’s compliance with consent conditions relating to infrastructure facilities.
(o) The results of any Integrated Traffic Assessment, prepared in accordance with the Integrated Transport Assessment Guidelines, November 2010, NZTA Research Report 422, and/or Traffic Impact Assessment
(p) Establishment of cycleways, walkways and public transport stops
(q) Timing and staging of development
(r) Cumulative effects on infrastructure, including the extent to which levels of service to zoned land and Council’s compliance with existing water take or wastewater discharge consents may be impacted.
(s) Those other plan matters where relevant.
When considering an application for a DIS Activity, Council must have regard to those matters specified in Section 104B of the Act, and the following matters, where applicable, will form a basis of the assessment criteria for DIS activities, along with any specific matters identified.
(a) Subject to Part II of the Act, the matters specified in Section 104 of the Act.
(b) Compliance or otherwise with standards applying to similar permitted or controlled activities
(c) The anticipated environmental results sought by this plan for the zones.
(d) Any potential detraction from the amenity values of the area through odour, smoke, noise, or other noxiousness whether from the operation itself or any ancillary aspect.
(e) Whether the proposed buildings would detract from the amenity values and character of the area.
(f) Parking needs will be assessed against staff numbers, likely numbers of patrons and their mode of travel except for within the Urban Area of Tokoroa and Kinleith. Regard will be had to how often it is used, the availability of on-street parking, and the impact of using on-street parking upon other users of the road.
(g) Vehicle crossings shall be assessed in terms of the sight distance and driveway spacing guidelines contained in 7.3 TRAN, and the seal widening and formation standards contained in the WRITS adopted by Council in July 2018.
(h) Whether there is sufficient and adequate provision for the collection or disposal of solid waste, including tailings.
(i) The degree to which any waste treatment ponds are adequately separated from other activities, taking into account topography, type of waste to be treated, wind direction, tree planting and existing vegetation and the location and number of existing and future residential units likely to be affected by such ponds.
(j) Compliance or otherwise with any relevant NZ Standards, regulations or Industry Guidelines.
(k) Any danger to people and property from hazardous substances and natural hazards, including any risk assessments, contingency plans and proposals to mitigate such hazards.
(l) The potential possibility of any animals escaping on to adjoining properties, roads, or public places.
(m) Whether any exterior lighting is to be used or installed which would tend to create a nuisance for people nearby.
(n) The effect of the proposal on the heritage values and preservation of any place or object listed in SCHED1-HH or SCHED2-CH, or upon any significant natural area listed in SCHED3-SNA. The heritage values of the places listed in SCHED1-HH are identified in each Heritage Inventory record, and in HH-R6.
(o) Whether the proposal would have an adverse effect on the values of an outstanding natural feature or outstanding natural landscape, significant amenity landscapes or cultural heritage items identified by this plan (Refer: SCHED4-NFL and SCHED2-CH).
(p) Any logistical, locational and functional constraints of a renewable electricity generation proposal, or a mineral exploration, mining and quarrying activity.
(q) The national, regional or local significance and or benefits of a renewable electricity generation proposal, or a mineral exploration, mining and quarrying activity.
(r) Whether the activity involves the loss of indigenous biodiversity in areas important for any of the following:
(i) continued functioning of ecological processes
(ii) supporting (buffering and/or linking) ecosystems, habitats and areas identified as Significant Natural Areas
(iii) providing ecosystem services
(iv) the health and wellbeing of the Waikato River and its catchment
(v) providing natural character and amenity values
(vi) Tangata Whenua relationships with indigenous biodiversity including their holistic view of ecosystems and the environment
(vii) enhancing the density, range and survival of indigenous flora and fauna
(s) The extent to which the activity may cause:
(i) fragmentation and isolation of indigenous ecosystems and habitats
(ii) reduction in the extent of indigenous ecosystems and habitats
(iii) loss of corridors or connections linking indigenous ecosystems and habitat fragments or between ecosystems and habitats (ecological sequences from mountains to sea)
(iv) loss or disruption to migratory pathways in water, land or air
(v) loss of buffering of indigenous ecosystems
(vi) loss of ecosystem services
(vii) loss, damage or disruption to ecological processes, functions and ecological integrity
(viii) effects which contribute to a cumulative loss or degradation of indigenous habitats and ecosystems
(ix) noise, visual and physical disturbance on indigenous species
(x) loss of habitat that supports or provides a key life-cycle function for indigenous species.
(t) Compliance with Forest Stewardship Council certification
(u) Any detrimental effect of the proposal upon the operation or future development of any other existing authorised use in the vicinity, including network utilities and infrastructure. This includes whether the proposal requires a level of amenity which is incompatible with the operation and management of any such authorised use
(v) Any potential adverse effects of the proposal upon the life supporting capacity of soils, or upon options for their future use, due for example to compaction, fragmentation of ownership, soil removal, coverage or risk of contamination
(w) The extent to which traffic effects day and or night-time associated with the operation of the development impact on the local (including any neighbouring settlement) district, and regional roads and the state highway network
(x) The extent to which on-site stormwater management measures can be adopted to minimise stormwater runoff off-site
(y) The measures adopted to manage demand for and security of supply of potable water
(z) The extent to which power supply and upgrade requirements will provide a secure and adequate supply of network utility infrastructure such that people will be better able to provide for their economic, social and cultural wellbeing, and such that adverse effects on the environment are avoided or mitigated to the extent practicable
(aa) The extent to which building mass (and bulk) impacts visually on the existing character and amenity values of the local area, and the extent to which landscaping and or planting and other methods can screen site facilities from neighbouring land-uses
(bb) Any potential effects on the effective operation, maintenance and protection of regionally and nationally significant infrastructure.
(cc) Impacts on the function, and safety and efficiency of the transport network
(dd) Any matters identified by the NZ Transport Agency
(ee) Infrastructure provision and upgrading, operation and maintenance, including works to maintain the function, safety and operation of the network utilities and infrastructure.
(ff) The results of any Integrated Traffic Assessment, prepared in accordance with the Integrated Transport Assessment Guidelines, November 2010, NZTA Research Report 422, and/or Traffic Impact Assessment
(gg) Establishment of cycleways, walkways and public transport stops
(hh) Timing and staging of development
(ii) Cumulative effects on infrastructure
(jj) The risk of acting or not acting if there is uncertain or insufficient information about the environmental effects of the proposal concerned
(kk) The extent to which mātauranga Raukawa (traditional Raukawa knowledge) identifies potential adverse environmental effects of the activity and appropriate mitigation methods
(ll) The extent to which the development will give effect to the Vision and Strategy for the Waikato River.
(a) Commercial activities in GRZ, the MU-SETZ, and the RLZ (including vets/health care, offices, community facilities, retail shops, restaurants, bars and cafes), should:
(i) Have hours of operation that are compatible with maintaining a quiet residential environment after 2230 - Sunday to Thursday, after midnight on Fridays and Saturdays, and before 7am daily.
(These hours of operation may be exceeded for any 24-hour period up to 5 days per calendar year).
(ii) Not create incompatible levels of traffic in local residential streets and cul-de-sacs, (e.g more than one heavy vehicle visit per day, or 10 vehicle movements per day in total)
(iii) Have similar or smaller staffing levels than home businesses permitted in the zone (i.e. no more than four full-time equivalent staff)
(iv) Within PREC2-Tīrau, the degree to which the development forms a natural extension of the TCZ, complements the retailing and other activity in the main street, and provides necessary services for the town’s people.
(a) The extent to which the proposal concerns a novel or different type of land use activity that could not have been anticipated when this plan was developed.