5.3 Rules - Activity Status Table

​​​​​This chapter is subject to the following plan changes:
• Proposed Plan Change 6- Regulatory Efficiency and Effectiveness Plan Change

​​​​​​​​​​​​5.3.1 Activity Status – Special Residential, Special Heritage, Special Natural Zones and Rototuna North East Character Zone

Activity
Special Residential Zone
Special Heritage Zone
Special Natural Zone
​Rototuna North East Character Zone
Residential Activities and Structures
​a) Any activity or development on ‘Lot 2 DP425316’ without an approved CDP (Refer to 5.3.2)​-​-​NC​-
P
P
P
​P
c) Alterations and additions (excluding as provided for by (d), (e) and (f) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage)
P
P
P
​​P
d) Alterations and additions forward of the front building line to a pre-1940 dwelling on a front, corner or through site within the Hamilton East Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-1)
RD
-
-
​-
e) Alterations and additions forward of the front building line to a pre-1939 dwelling on a front, corner or through site within the Claudelands West Area Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-7)​RD​-
f) Alterations and additions forward of the rear building line on a front, corner or through site to:
 i. Frankton – original railway houses (refer to Volume 2, Appendix 4, Figure 4-4)
 ii. Hayes Paddock – original state houses (refer to Volume 2, Appendix 4, Figure 4-2)
 iii. Hamilton East Villa Precinct – villas (refer to Volume 2, Appendix 4, Figure 4-3)
-
D​​​
-
​-
NC
NC
D
​D
P
RD*
RD*
​​P
P
P
P
​​P
j) Single dwelling: First residential unit per site
P
D
P
​​P
k) Single dwelling: Second and subsequent residential unit per site
RD*
D
RD*
RD*
l) Duplex dwellings​​ - excluding Hayes Paddock
NC
NC
RD*
​​RD*
m) Duplex dwellings - Hayes Paddock only (refer to Volume 2, Appendix 4, Fugure 4-2)-​​​D--
i. For up to 9 residents
ii. For up to 10 residents (excluding emergency housing)
iii. For 11 or more residents (including emergency housing)


P
D
D


P
D
D


P
D
D


P
D
D
o) Emergency housing for up to 10 residents
P
P
P
​P
NC
NC
D
​​​RD
P
P
P
​​​P
D
NC
D
​​​D
D
NC
D
​​​RD*
Commercial Activities and Structures
i. For up to five children
ii. For six or more children

P
RD

P
D

P
RD

P
RD
D
NC
RD
​D
D
NC
RD
​NC
D
NC
D
​NC
P
P
P
​P
P
P
P
​P
z) Office, other than as a home-based business
NC
NC
D
​NC
D
NC
D
​NC
P
D
P
​P
D
NC
D
​D
Community Activities and Structures
D
NC
RD
​​D
ee) Marae
NC
NC
D
​​D
D
NC
D
​​D
gg) School
D
NC
D
​​NC
All Activities and Structures
hh) Demolition or removal of existing buildings (excluding as provided for by (hh) to (jj) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage)
P
P
P
​P
ii) Demolition or removal of existing dwellings on a front, corner or through site:
i. Frankton – original railway houses (refer to Volume 2, Appendix 4, Figure 4-4)
ii. Hayes Paddock – original state houses and commercial building on Lot 129 DPS 930 (refer to Volume 2, Appendix 4, Figure 4-2)
iii. Hamilton East Villa Precinct – villas (refer to Volume 2, Appendix 4, Figure 4-3)
-
 
NC
-
​-
jj) Demolition or removal of a pre-1940 dwelling on a front, corner or through site within the Hamilton East Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-1)
D
-
-
​​-
​kk) Demolition or removal of a pre-1939 dwelling on a front, corner or through site within the Claudelands West Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-7)​NC​-​-​-
P
D
P
​​P
​mm) Informal recreation​-​-​-​P
​nn) Organised recreation​-​-​-​P
​oo) Any activity not listed above​NC​NC​NC ​NC

Note
1. Consultation with Heritage New Zealand.
A notified resource consent application will be served on Heritage New Zealand by Council for any application which affects any historic area registered under the Heritage New Zealand Pouhere Taonga Act 2014 (formerly the Historic Places Act 1993). The Frankton Railway Village is registered as a historic area.
For a non-notified resource consent application, any development relating to a historic area registered under the Historic Places Trust Act 1993, consultation with Heritage New Zealand is recommended before an application is submitted to Council and Council may then require that written approval be obtained from Heritage New Zealand.
For a fuller understanding of the notification requirements of the Act, reference should be made to the Act itself, in particular section 95.
2. Hamilton East Villas
The provisions of the Special Heritage Zone apply to the villa properties marked in Volume 2, Appendix 8, Schedule 8A: Built Heritage. For those unmarked properties located within this area and for non-villas (in respect of dwellings) situated on the same site as a villa, the provisions of the Special Residential Zone shall apply.

5.3.2 Development of 'Lot 2 DP425316' Lake Waiwhakareke Landscape Character Area

5.3.2.1 Comprehensive Development Plan (CDP) – Process

​a)Urban development within Lot 2 DP425316 will be subject to the preparation and approval of a CDP. (Refer to Volume 2, Appendix 1.2.2.8 for what is required in a CDP).
​b)Lot 2 DP425316 is required to have a consented CDP prepared prior to urban development occurring. Development within a CDP area may proceed in stages if staging has been defined as part of the consent granted for the CDP.
​c)All development and activities requiring resource consent are subject to consented CDP requirements.
​d)A CDP cannot be applied for without completion of an approved ICMP.

5.3.2.2 Rules – Status of Activities

a)​An application for a CDP without an approved ICMP in place is a Non-Complying activity
​b)A CDP requires an application for resource consent as a discretionary activity.
​c)The activity status of a CDP will be classified as Non-Complying if one or more activities that form part of the application are identified as Non-Complying activities in the Activity Status Table below (5.3.2.3).
​d)In the absence of an approved CDP, all activities listed in the Activity Status Table below (5.3.2.3) are Non-Complying activities unless they are identified as permitted activities in Column A.
​e)Activities within a CDP that fail to meet the one or more of the relevant standards in the Plan will be assessed as Discretionary activities with particular regard to the effects arising from the failure to meet the relevant standard or standards.
​f)The development of a CDP must take into account the approved ICMP and address any effects on surface run-off, ground water infiltration and ensure the water quality of Lake Waiwhakareke is maintained or enhanced.
​g)Once a CDP has been approved by Council, resource consent is required where identified in the Activity Status Table below (5.3.2.3) under Column B “With an approved CDP in place”.
​h)Changes to the conditions of a CDP consent will be considered as a discretionary activity under section 127 of the Act, except where the proposed changes involve materially different effects or extended scope of the original application. In these instances a new CDP is required. There are some changes that can occur as permitted activities without the need for a new CDP consent. These activities are subject to compliance with the relevant standards in Rules 5.4 and 5.5, and are as follows:
i.   Maintenance, repair and minor alterations to existing buildings
ii.  Informal recreation and ancillary buildings.

 5.3.2.3 Activity Status Table





Activity
AB
Without an approved CDP
With an approved CDP
in place
Residential Activities and Structures ​ ​
a)   Accessory buildingsNCP
b)   Alterations and additions (excluding as provided for by (c) and (d) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage)PP
c)   Apartments







        NC ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​
D
d)    Ancillary residential unitRD*
e)   Ancillary residential structuresP
f)   Detached dwelling: First detached dwelling per siteP
g)    Detached dwelling: Second and subsequent detached dwellings per siteRD*
h)    Duplex dwellingsRD*
i)   Managed care facilities 
      i.   For up to 9 residents
      ii.  For up to 10 residents (excluding emergency housing)
      iii. For 11 or more residents (including emergency housing)
 
P
D
D
j)    Emergency housing for up to 10 residentsP
k)   Papakainga D
l)   Residential activitiesP
m)  Residential centre D
n)   Rest home D
Commercial Activities and Structures ​ ​
o)   Childcare facility
       i.   For up to five children
       ii.  For six or more children
​ ​ ​ ​ ​ ​

 




NC

 

​ ​

P
RD
p)    DairyRD
q)   Tertiary education and specialised training facilityRD
r)   Health care serviceD
s)  Home-based businessP
t)   Homestay accommodationP
u)   Office, other than as a home-based businessNC
v)   Places of assemblyD
w)  Show homes P
x)   Visitor accommodation D
Community Activities and Structures ​ ​
y)    Community centre

NC ​ ​ ​
RD
z)     MaraeD
aa)   Places of worshipD
bb)  SchoolD
All Activities and Structures ​ ​
cc)    Demolition or removal of existing buildings (excluding heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage)PP
dd)   Relocated buildings NCP
ee)   Farming ActivityPNC
​ff)    Any activity not listed above​NC​NC

5.3.3 Activity Sta​tus – Peacocke Character Zone

5.3.3.1 Master Plan – Process within the Peacocke Character Zone

a)Urban development in the Peacocke Character Zone will be subject to the preparation and approval of a Master Plan. (Refer to Volume 2, Appendix 1.2.2.3 for what is required in a Master Plan.)​
b)​The Peacocke Character Zone has been divided into a number of neighbourhood areas (Volume 2, Appendix 2, Figure 2-3), each ​of which is required to have a Master Plan prepared prior to urban development occurring.​
c)​The Master Plan must be prepared for the whole neighbourhood according to Volume 2, Appendix 1.2.2.3. The development of the master planned neighbourhood can proceed on a staged basis if staging has been defined as part of the consent granted for the Master Plan.​
​d)​Land use consents required under 5.4.13 may be incorporated into the consent process for a Master Plan as Discretionary Activities.

5.3.3.2 Master Plan – Status of Activities

​a)The activity status of activities in the Peacocke Character Zone is contained within the Activity Status Table (refer to Rule 5.3.3.3):​
i.​Column A identifies the activity status of activities in the absence of a Master Plan.​
ii.​Column B identifies the activity status for activities that are part of a Master Plan application process and approval.​
iii.​Column C identifies the activity status for activities that are inconsistent with the approved Master Plan.
b)​The activity status for the preparation of or amendment to a Master Plan application within the Peacocke Character Zone will be deemed non-complying if an activity that forms part of the application:​
i.​Is identified as a non-complying activity in the related Column B of the Activity Status Table (refer to Rule 5.3.3.3).​
c)​Once a consent for a Master Plan has been granted and implemented, any activity within that neighbourhood is permitted, provided it:​
i.​Is in general accordance with an approved Master Plan for the neighbourhood; or
ii.​Any activity that is listed in Column C as a permitted activity is permitted, subject to compliance with relevant standards in Rule 5.4.​
​d)​Unless otherwise stated, a Master Plan for each area identified in the Peacock Character Zone requires resource consent as a discretionary activity.
​e)​All activities identified in Column A of Rule 5.3.3.3 are non-complying activities in the absence of an approved Master Plan unless the activity is identified as a permitted activity.
f)​Activities identified as part of an approved Master Plan within the Peacocke Character Zone shall not be required to prepare an Integrated Transport Assessment as stated under Rule 25.14.4.3.​
g)​Activities identified as part of an approved Master Plan within the Peacocke Character Zone shall not be required to prepare an Integrated Catchment Management Plan as stated under Rule 25.13.4.1.​
​h)​Activities identified in Chapter 25 City Wide that have been addressed as part of an approved Master Plan are not required to obtain a separate resource consent.
i)​Retail activities identified as part of an approved master plan within the Peacocke Character Zone are required to comply with the standards set out in Chapter 6: Business 5 and 6 Zones.​
 

5.3.3.3 Activity Status – Peacocke Character Zone








Activity
​ ​
Peacocke Character Zone ​ ​
ABC
In the absence of a Master PlanForming part of the Master Plan process and approvalInconsistent with an approved Master Plan
Residential Activities and Structures ​ ​ ​
a) Accessory buildings PPRD
b) Apartments NCDD
c) Ancillary residential unitPDD
d) Ancillary residential structuresPPP
e) Single dwelling: first residential unit per site PPD
f) Single dwelling: second and subsequent residential units per siteNCDD
g) Duplex dwellingsNCDD

h) Managed care facilities

i. For up to nine residents
ii. For up to 10 residents (excluding emergency housing)
iii. For 11 or more (including emergency housing)

 

NC
NC
NC

 

P
D
D

 

P
D
D

i) Emergency housing for up to 10 residentsNCPP
j) Papakainga NCDD
k) Residential activities PPP
l) Residential centre NCDD
m) Rest home NCDD
Commercial Activities and Structures ​ ​ ​

n) Childcare facility

i. For up to 5 children
ii. For 6 or more children

 

NC
NC

 

P
D

 

P
D

o) DairyNCDD
p) Tertiary education and specialised training facility NCDNC
q) Health care service NCDD
r) Home-based business PPP
s) Homestay accommodationPPP
t) Office, other than as a home-based businessNCDD
u) Places of assemblyNCDNC
v) Retail activity, other than as a home-based businessNCDD
w) Show homes NCDD
x) Visitor accommodation NCDD
Community Activities and Structures ​ ​ ​
y) Community centre NCDD
z) Activities ancillary to any permitted activity, including health care services, library, offices, retail, workshops, depots, storageNCDNC
aa) General RecreationNCDNC
bb) Informal recreation and ancillary buildingsPPP
cc) Marae NCDNC
dd) Places of worship NCDD
ee) SchoolNCDNC
All Activities and Structures ​ ​ ​

ff)  Alterations and additions to any building except:
i. Heritage buildings and structures in Volume 2, Appendix 8, Schedule 8A: Built Heritage


P

P

P
gg)  Demolition or removal of existing buildings (excluding as provided for by (hh), and heritage buildings scheduled in Schedule 8A, Appendix 8: Historic Heritage) PPP
hh) Demolition or removal of an accessory building PPP
ii) Interior alterations PPP
jj) Maintenance and repair to existing buildings and structures  PPP
kk) Production stallsPNCNC
ll) Relocated buildings PPP
mm) Rural Production PNCNC
nn) Rural industry DNCNC
oo) Intensive farmingNCNCNC
pp) Walkways and cycleways RD*DD
​qq) Any activity not listed above​NC​NC ​NC
 

5.3.4 Activity Status Table – Temple View Zone

5.3.4.1 Development within the Temple View Zone

a)The types of activities in the five precincts within the Temple View Zone (see Volume 2, Appendix 4, Figure 4-5) establish the anticipated mix of activities and how the five precincts interact and are connected.
​b)Any development shall maintain and enhance the heritage values of the area whilst being consistent with and maintaining the overall character of the zone.
c)Any development of Precinct 3 in the Temple View Zone shall be designed to mitigate adverse effects on the flood and groundwater levels on the surrounding agricultural land within the Waipa District adjoining the northern and eastern boundaries of Precinct 3.

5.3.4.2 Activity Status Table – Temple View Zone 

​​Activity​ ​ ​​​​​Temple View Zo​ne ​ ​ ​ ​
​​​Character Area ​ ​ ​​Heritage Area
Precinct 5 ​
​Precinct 1​Precinct 2​Precinct 3​Precinct 4
​​​​​Residential Activities and Structur​es  ​ ​ ​ ​ ​
a)    Accessory buildings ​​​RD​​RD​​RD​​RD​D
​b)    Apartments​RDRD​​RD​​RD​NC
c)    Ancillary residential unitRD​​RD​​RD​​RD​NC
​d)   Ancillary residential   structures​​RD​​RD​​RD​​RD​NC
e) Single dwelling: first residential unit per site​
​​RD​​RD​​RD​​RD​NC
f) Single dwelling: second and subsequent residential units per site​
​​RD​​RD​​RD​​RD​NC
g) Duplex dwellings
RD​RD​RD​RD​NC
​h)   Managed care facilities 
   i.    For up to nine residents
   ii.   For up to 10 residents (excluding emergency housing)
   iii.  For 11 or more (including emergency housing)​

RD
RD

RD

D
D

D

D
D

D

D
D

D

NC
NC

NC
i)   Emergency housing for up to 10 residentsRD​D​D​D​NC
j)  Papakainga NC​NCNC​NC​NC
k) Residential activities (except Heritage Area)
​​RD​​RD​​RDRD​-
l) Residential activities in the Heritage Area (Map 60B).
​-​-​-​-​NC
m)  Residential centre   ​NC​NC​​NC​NC​NC
​n)   Rest homeRD​​​RD​​RD​NC​NC
​​​​​Commercial Activities and Structures ​ ​ ​ ​ ​
o)  Childcare facility 
i.  For up to 5 children
ii. For 6 or more children

​RD
​​RD

​RD
​RD

​RD
D

NC
NC

NC
NC
p)  Dairy​RD​NC​NC​NCN​C
q) Tertiary education and specialised training facility
​RDNCNC​NC​NC
r)   Health care service​RD​RD​RD​NC​NC
​s)   Home-based business​P​P​P​PP
​t)   Homestay accommodationP​PPP​P
​u)   Office, other than as a home-based businessRD​D​D​NCNC
v)   Places of assembly
RD​RD​D​D​D
w)  Retail activity, other than as a home-based business​RD​NC​NC​NCNC
x)   Show homes​DDD​NC​NC
​y)   Visitor accommodation (except in the Heritage Area )​DDDRD​-
​z)   Visitor accommodation within the Heritage Area -​-​--​NC
​​​​ ​Community Activities and Structures​​
aa) Community centre​RD​DD​D​NC
​ab)   Activities ancillary to any permitted activity, including health care services, library, offices, retail, workshops, depots, storage​RD​RD​RD​RD​NC
ac)  Marae​RD​RD​RD​RD​NC
ad) Places of worship​RD​RD​RD​NC​D
​ae)   School​RD​RDRDNC​NC
​All Activities and Structures​
af) Alterations and additions to any building except: 
i. Visitor C​entre
ii. Buildings within the former teacher housing character corridor fronting Tuhikaramea Road
iii. Formal Temple entrance area elements including steps, planting boxes, retaining walls between the Visitor Centre, Temple Landing and Temple (refer to Volume 2, Appendix 4, Figure 4-6)
iv. Heritage buildings and structures in Volume 2, Appendix 8, Schedule 8A: Built Heritage
P

 
​P​P​P​P
ag) Alterations and additions to the Visitor Centre
---​-D
ah) Alterations and additions to the exterior of buildings within the former teacher housing character corridor
-​RD​-​-​-
ai) Alterations and additions to the formal Temple entrance area elements including steps, planting boxes, retaining walls between the Visitor Centre, Temple Landing and Temple (refer to Volume 2, Appendix 4, Figure 4-6)
----D
aj) Construction of additional private transport corridors or carpark areas​
RD
RDRDRD​RD​
​ak)   Construction of new buildings​RD​RD​RD​RD​RD
​al)   Contouring and modification of the landform​RD​RD​RD​RD​RD
am)  Demolition or removal of existing buildings (excluding as provided for by (aq), (ar)) and heritage buildings scheduled in Schedule 8A, Appendix 8: Historic HeritageRD​RD​RD​RD​RD
an) Demolition or removal of any building except:
i. Accessory buildings
ii. Visitor Centre
iii. Temple president’s house
​RD​RDRD​RD​RD
​ao)  Demolition or removal of an 
accessory building
​P​PP​P​P
​ap)   Demolition or removal of the Visitor Centre or Temple president’s house​-​-​--​D
aq)   Erecting, constructing, planting or extending a sign visible from a public place​RD​RD​RDRD​NC
​ar)   Erection of any boundary structure along Tuhikaramea Road​RDRD-RD​RD
​as)   External illumination of buildings and grounds​P​P​P​P​P
at) Individual vehicular crossings to the housing from Tuhikaramea Road
NC​NC-NC​-
au) Interior alterations 
​P​P​P​P​P
​av)   Maintenance and repair to existing buildings and structures ​P​P​P​P​P
​aw)   Maintenance and repair to any private road or carpark area​P​P​P​P​P
​ax)   Minor work on any: 
i. Building
ii. Curtilage wall 
iii. Temple entrance elements
​P​P​PP​P
​ay)   Relocated buildings​RD​RD​RD​RD​NC
​az)   Tree planting and removal except for:
i Tree planting in Temple view shafts area
ii. Tree removal in the Temple entrance area (Refer to Volume 2, Appendix 4, Figure 4-6)
iii. Removal of a significant tree in Volume 2, Appendix 9, Schedule 9D: Significant Trees
​P​P​P​P​P
​​ba)   Tree planting in Temple View shafts area (Refer to Volume 2, Appendix 4, Figure 4-6)​-​-​--​RD
bb) Tree removal in the Temple entrance area (except for a significant tree in Volume 2, Appendix 9, Schedule 9D: Significant Trees)
​-​-​-​-​RD
bc)  Any activity not listed above​
​NC​NC​NC​NC​NC


Page reviewed: 10 Sep 2019 1:55pm