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Appendix 1 Proposed Western Bay of Plenty District Plan - Rural Subdivision Rules

• EXPLANATORY STATEMENT
• 2. 1 Significant Issues
• 2.2 OBJECTIVES AND POLICIES

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Important Note: The material in this section has been scanned from preliminary copies. Interested parties should consult the council for finalised rules. MAF disclaimer applies.

Proposed Western Bay of Plenty District Plan - 2. RURAL

EXPLANATORY STATEMENT

The District contains large areas of land comprising versatile soils (LUC II-IV) suitable for both agriculture and forestry as well as areas comprising soils of less versatility (LUC VI-VIII) which are less suitable for agricultural production. The sustainable management of this natural land resource requires particular regard to be had to its finite characteristics and where appropriate to enabling its efficient use and development.

Rural land in the District is in high demand for residential or "lifestyle" use because of its proximity to established urban areas and to the Tauranga Harbour. While limited provision can be made for the residential use of rural land, it is inevitable

that the demand for such use can never be fully met in a manner consistent with the sustainable management of the rural land resource. Control through the District Plan is therefore necessary.

The intensification of development in rural areas, particularly for residential purposes, increases the potential for conflicts with other rural uses to occur thereby inhibiting the efficient use and development of the rural land resource. Intensification of development also has the potential to:

• adversely impact on features with recognised ecological or other values of significance to the District.
• put pressure. on the existing roading network and other infrastructural services.
• lead to a gradual degradation of the low density character of the rural environment such that the very attributes of that environment which make it a pleasant place in which to live and/or work become threatened.

Much rural land is in multiple Maori ownership and it is consistent with the Treaty of Waitangi and the Act to recognise the need for housing on such land. Similar provision can be made for housing on other rural land for such purposes as workers accommodation. However, in order to ensure that provision for multiple housing on other than Maori land does not have the potential to be used in an unintended manner (ie unrelated to primary production) the number of dwellings permissible on properties that are not in multiple Maori ownership is limited to three.

2. 1 Significant Issues

2.1.1 Ongoing pressure on the finite rural land resource of activities which has the potential to compromise its ability to be managed and developed in an efficient and sustainable manner. Such activities include:

• concentrated subdivision for large lot residential uses of rural land adjacent or in proximity to existing urban areas and the Tauranga Harbour.
• dispersed subdivision for predominantly residential purposes.
• incremental establishment of other activities not based on- primary production.

2.1.2 The extent to which subdivision is likely to result in the permanent or long-term loss of productive land to non-productive purposes.

2.1.3 The extent to which subdivision is likely to increase or decrease the potential of the finite rural land resource to be used and developed in an efficient and sustainable manner.

2.1.4 The extent to which intensification of the residential and other non primary production based use of rural land is likely to inhibit the ability of other rural land users to realise the productive potential of the finite land resource in an efficient and sustainable manner.

2.1.5 The potential impact of more intensive subdivision, use, and development of rural land on:

1. the amenity provided by the low density character of the rural environment.
2. existing natural or other features of recognised value to the community.
3. roading and other infrastructural services.
4. the safety and efficiency of State highways.

2.1.6 The potential for the establishment of non primary production based activities in rural areas to reduce or replace development in urban areas such that an under utilisation of urban land and infrastructural services results.

2.1.7 The potential for controls on the use and development of rural land to conflict with the special relationship of Maori with their ancestral land and the associated desire to live on such land.

2.2 OBJECTIVES AND POLICIES

2.2.1 OBJECTIVES

1. Sustainable management of the finite rural land resource within the district to be used for a wide range of activities, principally those relating to primary production,
2. Protection and enhancement of the amenity provided by the low density character of the rural environment.
3. Protection and enhancement of natural or other features recognised as having ecological, landscape, cultural, archaeological or other values of significance to the District. (See also Sections 9, 10 and 11).
4. Minimisation of the potential for conflict between activities in the rural environment to occur.
5. Minimisation of constraints created by non-rural based activities on the efficient use and development of the rural land resource for primary production.
6. Sustainable management of existing roading and other infrastructural services and sustainable development of new or extended services.
7. Safe and efficient operation of State highways.
8. Efficient use and development of land, roading and other infrastructural services Within urban areas of the District.
9. Fulfilment of the special relationship of Maori with their ancestral land.

2.2.2 -POLICIES

1. Enable sustainable primary production based activities, including any associated ongoing management measures, to operate in a manner that is reasonably necessary to achieve efficient resource use and development Without undue adverse effects on the environment or on the health, safety and welfare of the rural community. (See also Section 13 - Amenity).
2. Avoid the fragmentation of rural land tides to the extent that the potential of the finite rural land resource to be efficiently used, developed or otherwise managed in a sustainable manner is compromised.
3. Enable subdivision to occur which maintains or increases the likelihood that the versatile soils of the District will be used and developed to their full potential in a sustainable manner.
4. Enable rural lots to be created for residential purposes using a minimum of land.
5. Ensure that all new rural lots have the capacity to be used and developed without the potential for any adverse effects on the environment being created unless any such effects can be properly mitigated or remedied.
6. Protect the safety and efficiency of the District roading network (including State highways) from any potentially adverse effects resulting from increased development in rural areas.
7. Prevent the establishment of activities which:

1. either individually or cumulatively will or would be likely to create the need for new, extended, or upgraded roading and other infrastructural services unless the costs of any such higher levels of service can be directly charged to the activities concerned without necessitating the unanticipated expenditure of public funds (see also Section 16 - Development Contributions), or
2. could reasonably locate within urban areas of the District where adequate land, roading, and other services exist.

8. Limit the establishment of activities which either individually or cumulatively will or would be likely to conflict with the reasonable operation of other established rural land uses, or reduce the amenity provided by the low density character and primary productive focus of the rural environment unless such incompatibilities or adverse effects can be appropriately avoided, mitigated or remedied.
9. Enable the use and development of ancestral Maori land in a manner consistent with the special relationship of Maori with such land.

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2. Rural Lots

2.1 Limitation

This rule shall apply only to lots which:

(a)

1. have titles that existed prior to 1 August 1992 or which have been created by way of a subdivision consent for which an application was lodged prior to that date, and
2. are at !east 4ha in area

or

(b)

1. have been created by way of a subdivision consent for which an application was lodged on or after 1 August 1992 but before 22 November 1997, and
2. have titles which are at least 5 years old, and are at least  8ha in area

Provided that

other lots shall qualify for subdivision under this rule where it can be demonstrated that the title was created following consent to a boundary adjustment pursuant to 15.3.1 and that prior to such adjustment a similar subdivision of the previous lot (as determined by Council) would have complied with the foregoing limitation and all other requirements of this rule.

2.2 Minimum Lot Size

Determined by compliance with Rule 2.3.5(q)1.2 and Rule 15.3.5.3.

2.3 Number of Lots Created

The maximum number of lots able to be created from existing tots which qualify for subdivision under this rule shall be as follows:

• lots less than 30ha in area two (ie one additional)
• lots 30ha or more in area three (ie two additional).

2.4 Staging of Subdivision

Notwithstanding Clause 2.1 of this rule a lot of 30ha or more and complying with the requirements of that clause may be subdivided in two stages subject to it being demonstrated that when viewed together as a single application (ie one incorporating both stages) the total subdivision complies with all other requirements of this rule. Where a subdivision is staged the subdivider shall nominate which of the two lots resulting from the first stage shall qualify for further subdivision under the second stage.

3. General Farming Lots

3.1 Minimum lot size (including any balance area or residual lot) 40ha. Where only lots of 40ha or more are created Rule 2.3.5 (q)2.1 shall not apply.

3.2 Limitations

This rule shall not apply to titles created by a boundary that did not qualify for subdivision under this rule prior to the boundary adjustment occurring. Consent Order 1 October 10; Appeals RMA 900/98 and RMA 839/98

4. Separation Lots

Separation lots may be created by subdividing an existing title where each proposed lot is and will remain totally separated and inaccessible from other land within the subdivision by:

1. a permanent watercourse not less than 3 metres in width, or
2. a State highway or an existing legal public road currently maintained by Council or formed to the standard specified in 15.3.5.6, or
3. a railway, or
4. a severe or substantial natural landform feature such as a cliff, ravine or the like.

5. Protection Lots

5.1 Activity Status

Subdivision under this rule shall be a discretionary activity.

5.2 Application

5.2.1 Features

One additional lot may be created from a qualifying existing lot in conjunction with the legal protection in perpetuity of a significant natural or other existing feature of value to the community.

The feature to be protected may be anywhere within the Western Bay of Plenty District and need not be within the land being subdivided. In this context a "feature of value to the community" is deemed to be:

1. an identified significant feature as specified in this Plan (see Appendices 1, 11, 111).
2. other features subject to clause 5.3(a) of this rule.

5.2.2 Limitation

1. Where the feature being protected is contained within the lot being subdivided, there are no qualifications regarding age of the title, and the only qualification for lot size relate to the activity performance standards of the respective zone and the feature size criteria of this rule.
2. Where the feature being protected is not contained within the lot being subdivided, the lot must be at least 12ha in area and its title in existence as at 22 November 1997 or was created by way of subdivision consent for which an. application was lodged prior to that date.
3. created by way of subdivision consent for which an application was lodged prior to that date.
4. This rule shall apply to features according to their respective lot boundaries as existed at 1 August 1992.
5. Within the subject title, where the feature concerned exceeds the size criteria in 5.3(b) or 5.5 below then the entire feature shall be protected under this rule.

5.3 Certification

1. In the case of those identified significant features referred to in Appendix 1 of this Plan or of other ecological features, certification from an appropriately qualified independent person that the feature in question meets the criteria in (b) below shall be submitted with the application for subdivision consent. Such certification shall be accompanied by a report prepared by the certifier detailing the attributes of the feature recommended for preservation and include a management plan specifying any protective or enhancement measures deemed necessary.
2. Criteria for Ecological Features

The feature must be assessed in the context of the relevant ecological district, bioclimatic zone and landform type. Each feature will be assessed on its particular merits using the following criteria:

1. Representativeness - the extent to which an area is characteristic or representative of natural diversity.
2. Diversity and pattern - the diversity of species and community types.

Shape - larger areas with a compact shape are more likely to be ecologically viable.

Ecological viability and sustainability - the likelihood of an area remaining ecologically viable and the management input necessary for long term sustainability.

Naturalness - degree of modification as compared with likely original unmodified character.

4. Rarity and special features - presence of rare community types, species or other rare features.

Fragility and threat - threat processes or agents (actual or potential) that are likely to destroy or substantially modify the feature, and the vulnerability of the feature to damage.

The following are guideline minimum sizes for features, although smaller sizes will be considered, particularly for rare or special features and features In parts of the District where relatively little Indigenous vegetation and fauna habitat remains:

Tall forest (eg tawa, rimu)

Regenerating/secondary forest

(eg mahoe, kamahi, kanuka. Tree fern)

Secondary Shrubland

Riparian margins (above MHWS) 500m in length and min 20m wide

Natural Wetlands (above MHWS) 0.5ha

5.4 Legal Protection

Legal protection of the feature shah be achieved by way of a condition Imposed on the subdivision consent requiring a consent notice or similar legal instrument to the satisfaction of the Council to -We registered on the tide of the land containing the feature to be protected. All costs associated with compliance with this requirement shall be met by the applicant.

5.5 Number of Lots

One lot for every separate feature type as set out In clauses 5.2 and 5.3 of this rule provided that additional lots will be allowed at an overall average of one lot per feature size as follows:

Provided that:

Where the feature being protected is not contained within the lot being subdivided, a minimum of 12ha Is required for the first additional lot, and further lots may be created at the rate of 1 lot per 4ha over and above the original 12ha.

Exclusions

This rule shall not apply to any land that has been designated in this Plan (for any purpose), or is classified under the Reserves Act, or is subject to the Conservation Act.

6. Lots for Houses on Maori Land

Multiple owned Maori land may be subdivided into lots each containing a substantial dwelling (see definition on following page) where the property is in "multiple ownership" and the subdivision is required for the purpose of excising from the land the site upon which such dwelling is erected. 1

"Multiple owned Maori land" in this context means Maori land owned by three or more legal owners who have an undivided interest in the land which they have held since 31 March 1986.

6.3 "Substantial dwelling" in this context means a dwelling erected prior to 31 March 1986 and which is in good and tenantable repair except that subdivision may be permitted around a substandard or derelict dwelling provided the owner or owners enter into an agreement with the Council that such dwelling be replaced or renovated.

"Site" in this context means an area of land not less than 2000m².

Contact for Enquiries

Manager
North Island Regions
Sector Performance Policy
MAF Policy
Hamilton
NEW ZEALAND

Phone: +64 7 957 8313
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