4.5 Rules - Medium-Density Residential Zone

​​​4.5.1 Comprehensive Development Plan Process

a) The Medium-Density Residential Zone is divided into a number of Comprehensive Development Plan Areas (as shown in Appendix 3).​ This excludes the Ruakura Structure Plan where Figure 2-16 Ruakura Land Development Plan Areas (Appendix 2) identifies Land Development Plan Areas which are subject to Rules within 3.7.4.2 and the Te Awa Lakes Structure Plan where Figure 2-21 identifies Land Development Plan Areas which are subject to Rules within 3.8.5 and 4.5.6.
b)​ Development in the Medium-Density Residential Zone should only occur once a resource consent for a Comprehensive Development Plan for the whole subject area has been granted by Council (refer to Volume 2, Appendix 1.2.2.8 for what is req​​uired in a Comprehensive Development Plan). However, there are some activities that can occur as Permitted Activities, subject to compliance with relevant standards in Rule 4.6, before the approval of a Comprehensive Development Plan. These are:​
i.​ Maintenance, repair and minor alterations or additions to existing buildings (except heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage).​
ii.​ Informal recreation and ancillary buildings.​
iii.​ Residential activities.​
iv.​ Temporary activities.​
v.​ Demolition or removal of existing buildings (except heritage buildings scheduled in Volume 2, Appendix 8, Schedule 8A: Built Heritage).​
c)​ A Comprehensive Development Plan must be for a whole Comprehensive Development Plan Area as identified in Volume 2, Appendix 3. Activities within an area can proceed on a staged basis if stages have been defined as part of the consent granted. ​
d)​ Unless otherwise stated, a Comprehensive Development Plan for each area identified requires resource consent as a discretionary activity.
e)​ The activity status of a Comprehensive Development Plan application will be classified as non-complying if one or more activities that form part of the application:
i.​ Are identified as a non-complying activity in column two of the Activity Status Table (refer to Rule 4.5.3), or​
ii.​ Fail to meet one or more of the standards in Rule 4.6 or Rule 4.8.​
f)​ All activities listed in column one of Rule 4.5.3 are non-complying activities in the absence of an approved Comprehensive Development Plan unless the activity is listed as permitted in 4.5.1(b).​

4.5.2 Comprehensive Development Plan Process Once Consent Has Been Granted

a) All development in an area subject to a Comprehensive Development Plan that has been granted consent is authorised. Changes to the conditions of a Comprehensive Development Plan consent will be considered as a discretionary activity under section 127 of the Act, except where the ​​proposed changes involve different scale, intensity or character or extend the scope of the original application, in which case a new Comprehensive Development Plan consent is required (refer to 4.5.2b).​
b)​ For a Comprehensive Development Plan that has been granted consent, any changes in use or changes that involve materially different effects or extend the scope of the original application, will require a new Comprehensive Development Plan consent and will be assessed as the same activity status in the original application for a Comprehensive Development Plan. There are some changes that can occur as permitted activities without the need for a new Comprehensive Development Plan consent, subject to compliance with relevant standards in Rule 4.6. ​
c)​ The activity status of changes in use requiring a new Comprehensive Development Plan consent will be classified as non-complying if one or more activities that form part of the application:​
i.​ Are identified as a non-complying activity in column two (refer to Rule 4.5.3), or​
ii.​ Fail to meet one or more of the standards in Rule 4.6 or Rule 4.8.​
d)See Chapter 3.7.4.2 for Land Development Consent process in Ruakura. The activity status for Land Development Consents is identified in Rule 4.5.4. 

4.5.3 Activity Status Table – Medium-Density Residential Zone (excluding Ruakura and Te Awa Lakes) 

Activitie​s
Activity Status for a Comprehensive Development Plan and changes in use once consent has been granted
Note: See Rule 4.5.2(a) for once consent granted
Residential Activities and Structures
D
D​​
D
D
P for changes in use
D
D
g) Maintenance, repair, minor alterations and additions to existing buildings (except heritage buildings scheduled in Volume 2, Appendix 8, Schedule 8A: Built Heritage)
P
D
D
P
D
D
Commercial Activities and Structures
m) Childcare facility 
      i.  up to five children
      ii.  six or more children

D
D
P for changes in use
n) Dairy
D
NC
NC
D
P for changes in use
D
P for changes in use
s) Offices
NC
NC
D
D​
Community Activities and Structures
D
NC
y) Informal recreation and ancillary buildings
P
D
D
bb) School
NC
All Activities and Structures
cc)  Demolition or removal of existing buildings (except heritage buildings scheduled in Volume 2, Appendix 8, Schedule 8A: Built Heritage)
P
D
D
ff) Temporary activities
P
​gg) Any activity not listed above​​NC

Note

1. For activities and buildings in the Electricity National Grid Corridor see Chapter 25.7: City-wide – Network Utilities and the Electricity National Grid Corridor.
 

4.5.4 Activity Status Table – Ruakura Medium-Density Residential Zone and Te Awa Lakes Medium-Density Residential Zone

Activitie​s
Activity Status
Land Development Activities (refer Rule 3.7.4.2 the Ruakura Medium-Density Residential Zone and Rule 4.5.6 for the Te Awa Lakes Medium-Density Residential Zone)
RD*
Land Development Activities in Land Development Plan Areas Q and R in the Te Awa Medium Density Residential Zone​.​D
Residential Activities and Structures
a) Single dwellingP
b) Duplex dwellings and apartments
RD*
c) Maintenance, repair, minor alterations and additions to existing buildings
P​
​d) Managed care facilities​D
​e) Papakainga​RD*
​f) Residential activities​P
​g) Residential centre​D
​h) Rest home​​​D
Commercial Activities and Structures​
i)  Childcare facility for up to five childrenC
j)  Childcare facility for six or more childrenD
​k)  Dairy
C
​l)  Tertiary education and specialised training facility
D
​m)  Health care services
D
​n)  Home-based business
P
o)  Homestay accommodation
P
p)  Places of assembly
D
q)  Show homes
P
r)  Visitor accommodation
D
s) One Integrated Retail Development in accordance with the general location identified on Figure 2.14 Ruakura Structure Plan – Land Use (Appendix 2)RD*
t) One Service Station (fronting Pardoa Boulevard)​D
u)  Community centre
C
v)  General recreation
D
w)  Informal recreation and ancillary buildings
P
​x)  Marae​
D
y)  Places of worship
D
z)  School
D
aa)  Demolition or removal of existing buildings (except heritage buildings)
P
bb)  Relocated buildings
C
​cc)  Emergency service facilities
D
dd)  Temporary activities​
P

4.5.5 Rule – Ruakura Structure Plan Area – Staging

a) Notwithstanding Rule 4.5.1 and 4.5.2, activities listed in 4.5.4 Rules – Activity Status Table – Medium-Density Residential Zone which are undertaken in the Ruakura Structure Plan Area shall comply with Rules 3.7.4.1, 3.7.4.2, 3.7.4.3, 3.7.4.4, 3.7.4.5 and 3.7.5 in Chapter 3: Structure Plans.​
 

4.5.6 Land Development Plan Rules in Te Awa Lakes Medium-Density Residential Zone

a)​​A resource consent for a restricted discretionary activity is required for the following activities in the Te Awa Lakes Medium-Density Residential Zone:
i.Preparation of land for development purposes including earthworks and vegetation removal
ii.​Construction of roads, pedestrian paths and cycle routes
iii.​Installation of Three Waters infrastructure
iv.​Works related to the establishment of open space areas and the main linear lake
b)​​Land Development Plan applications for activities listed in a) above shall be obtained for the entire development (which may be staged) of not less than one of the Land Development Plan Areas in Figure 2-21, together with any adjacent Land Development Plan Areas or parts of Land Development Plan Areas, in conjunction with land use, subdivision and development under any other rule of the Te Awa Lakes Medium Density Residential Zone.​
c)​A Land Development Plan application shall provide the information required by Rule 1.2.2.21​.
d)Land Development Plan applications will be assessed in accordance with the functions of the Hamilton City Council prescribed in Section 31 of the Resource Management Act. Consents may also be required from Waikato Regional Council under the Waikato Regional Plan e.g. for stormwater discharge.​
e)Applications for any restricted discretionary activity identified with an asterisk(*) in the relevant zone chapter shall be considered without notification or the need to obtain approval from affected persons.
f)​Land Development Plan applications shall demonstrat​e the minimum freeboard heights specified in Rule 22.5.6 c) shall be complied with, based on a level of 16.13m RL for the 1% annual exceedance probability event.
g)Activities listed in 4.5.4 Rules - Activity Status Table - ​Medium-Density Residential zone which are undertaken in the Te Awa Lakes Structure Plan Area shall comply with rules 3.8.5.1, 3.8.5.2, 3.8.5.3, 3.8.5.4, 3.8.5.5 and 3.8.6 in Chapter 3, Structure Plans​.
 
Page reviewed: 01 Oct 2020 3:13pm