District Plan Review. Chapter 14 Residential Zones

Draft Residential Chapter – 25 February 2014 District Plan Review Chapter 14 Residential Zones 14.1 Objectives and Policies 10 Zone descriptions 17...
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Draft Residential Chapter – 25 February 2014

District Plan Review Chapter 14 Residential Zones

14.1 Objectives and Policies 10 Zone descriptions 17 Residential Suburban Zone 17 Residential Medium Density Zone 17 Residential Banks Peninsula Zone 17 Residential Conservation Zone 18 New Neighbourhood Zone 18 14.2 Rules - Residential Suburban Zone 19 14.2.1 How to use the rules 19 14.2.2

Activity Status Tables – Residential Suburban Zone 21 14.2.2.1

Permitted Activities - Residential Suburban Zone 21 14.2.2.2

Controlled Activities - Residential Suburban Zone 30

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14.2.2.3

Restricted Discretionary Activities – Residential Suburban Zone 30 14.2.2.4

Discretionary Activities – Residential Suburban Zone 33 14.2.2.5

Non Complying Activities – Residential Suburban Zone 33 14.2.2.6

Prohibited Activities - Residential Suburban Zone 33 14.2.3

Built Form Standards - Residential Suburban Zone 34 14.2.4

Area Specific Standards – Residential Suburban Zone 49 14.2.4.2 Area Specific Built Form Standards - Residential Suburban Zone 52

14.3 Rules Residential Medium Density Zone 59

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14.3.1

How to use these rules - Residential Medium Density Zone 59 14.3.2

Activity Status Table – Residential Medium Density Zone 60 14.3.3

Built Form Standards - Residential Medium Density Zone 68 14.3.4

Area Specific Standards for Residential and Other Activities - Residential Medium Density Zone 85 14.4 Rules - Residential Banks Peninsula Zone 90 14.4.1 How to use the rules – Residential Banks Peninsula Zone 92 14.4.2

Activity Status Tables - Residential Banks Peninsula Zone 92 14.4.3

Built Form Standards - Residential Banks Peninsula Zone 101 14.4.4

Area Specific Standards Residential Banks Peninsula Zone 106

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14.5 Rules - Residential Conservation Zones 110 14.5.1 How to use the rules - Residential Conservation Zone 110 14.5.2

Activity Status Tables – Residential Conservation Zones - Residential Conservation Zone 110 14.5.3

Built Form Standards - Residential Conservation Zone 117 14.5.4

Area Specific Standards Residential Conservation Zone 122

14.6 Residential Suburban Zone and Residential Medium Density Zone Matters of Control and Discretion 125 14.7 Residential Banks Peninsula and Residential Conservation Zones Matters of Control and Discretion 142 14.9 All New Neighbourhood Zones 145 14.9.1

How to use these rules - New Neighbourhood Zone 145

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14.9.2

Activity Status Tables - New Neighbourhood Zone 145 14.9.2.1

Permitted Activities - New Neighbourhood Zone 145 14.2.2.2

Controlled Activities - New Neighbourhood Zone 149 14.2.2.3

Restricted Discretionary Activities – New Neighbourhood Zone 149 14.2.2.4

Discretionary Activities – New Neighbourhood Zone 151 14.2.2.5

Non Complying Activities – Non Complying Activities 151 14.2.2.6

Prohibited Activities - Residential Suburban Zone 152 14.9.3

Built Form Standards – New Neighbourhood Zone 152

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14.8.5 Controlled Activities - Greenfield Residential Zone 165 14.8.8 Non Complying Activities - Greenfield Residential Zone 166

14.9.4

Standards and Activities Matters of discretion - New Neighbourhood Zone 172

14.10

Enhanced Development Mechanism 175 14.10.1 How to use these rules 175 14.10.2

Restricted Discretionary Activities 175 14.10.3

Discretionary Activities 175 14.10.4

Non-Complying Activities 175

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14.10.5

Reference to other Standards 176 14.10.6

Qualifying Standards – Enhanced Development Mechanism 176 14.10.7

Built Form Standards and Standard Specific Assessment Matters: 178 14.10.8

Information Requirements for Applications – Enhanced Development Mechanism 185 14.10.9

Assessment Matters for Restricted Discretionary Activities – Enhanced Development Mechanism and Community Housing Redevelopment Mechanism 185

14.11

Community Housing Redevelopment Mechanism 187 14.11.1

How to use these rules 187

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14.11.2

CHRM Restricted Discretionary Activities 187 14.11.3

CHRM Non-Complying Activities 187 14.11.4

CHRM built form standards 188 14.11.5

Information Requirements for Applications – Community Housing Redevelopment Mechanism 195 14.11.6

Maps 1 - 10 195 Appendix A Homestar and Lifemark 197

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14.1 Objectives and Policies

14.1.1 OBJECTIVE 1: HOUSING SUPPLY An increased supply and wide range of housing types, sizes, and densities, to meet the diverse needs of the community in the immediate recovery period and longer term including affordable, social, and temporary housing options. 14.1.2 OBJECTIVE 2: RESIDENTIAL RECOVERY NEEDS Short term residential recovery needs are met by providing opportunities for: (a) An increased supply throughout the lower and medium density residential areas; and (b) Higher density comprehensive redevelopment of sites within suitable lower and medium density residential areas; and (c ) Medium density comprehensive redevelopment of community housing environments; and (d) New neighbourhood areas in greenfields priority areas. 14.1.3 OBJECTIVE 3: HOUSING DISTRIBUTION & DENSITY A distribution of different density areas with: (a) (b) (c) (d) (e)

Increased density of residential development in and around commercial centres where there is ready access to a wide range of facilities, services, public transport and parks and open spaces; Limited additional infill housing in other existing suburban areas to maintain a low density, open and landscaped environment; A mix of housing densities in greenfield residential areas; and Medium density residential development in suitable brownfield areas and on larger suburban residential sites where external impacts on the surrounding areas can be mitigated; and Integrated provision of infrastructure.

14.1.4 OBJECTIVE 4: STRATEGIC INFRASTRUCTURE Residential development does not adversely affect the efficient operation, use, development, appropriate upgrade, and future provision of the strategic transport network and freight hubs.

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Policies to Achieve Objectives 1, 2, 3 & 4 14.1.1.1 Policy 1: Location density and type of housing Ensure: (a) High density residential development in the Central City that achieves a net density of 50 households per hectare; (b) Medium density residential development along appropriate sections of high frequency public transport corridors around the Central City, and within and around Key Activity Centres and larger neighbourhood centres that achieves a net density of 30 households per hectare; (c) Low and medium density residential development in greenfield neighbourhoods that achieves a net density of 15 households per hectare; and (d) Low density residential environments in other existing suburban residential areas, and in the residential areas of Banks Peninsula. 14.1.1.2 Policy 2: Provision of Social Housing Enable small scale social housing developments. 14.1.1.3 Policy 3: Non-household Residential Accommodation, Retirement Villages and provision of Housing for Elderly Persons Enable sheltered housing, refuges, student hostels, and elderly persons’ retirement home complexes and associated hospice and healthcare facilities to locate throughout residential areas, provided the building scale, massing, and layout is compatible with the character of the surrounding residential environment. 14.1.1.4 Policy 4: Recovery Housing – Existing Housing Stock Provide for a range of additional housing opportunities to meet immediate residential recovery needs that is offered through redevelopment of the existing housing stock and/or vacant land, that: (a) Is consistent with the residential character and amenity of the area; (b) Is visually and physically subordinate to the principle dwelling where existing houses are redeveloped; (c) Does not adversely affect the safety and efficiency of traffic movements within the street; (d) Are appropriately laid out and designed to provide a high level of residential amenity and meet the functional needs of residents both in the short and the long term.

14.1.1.5 Policy 5: Recovery Housing – Higher Density Comprehensive Redevelopment Higher density comprehensive redevelopment of suitably sized and located sites within lower and medium density residential areas enabled while achieving: (a) High quality urban design and onsite amenity; (b) Access to local services and facilities; (c) Integration and sympathy with the amenity of existing neighbourhoods and adjoining sites; and

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(d)

A range of housing types and sizes.

14.1.1.6 Policy 6: Recovery Housing – Community Housing Comprehensive redevelopment of community housing is enabled in areas where: (a) (b) (c)

Natural hazards can be readily mitigated; Adequate infrastructure services and capacity are available; and Reverse sensitivity on existing industrial areas is managed

while achieving: (d) High quality urban design and onsite amenity; (e) Integration and in sympathy with the amenity of adjacent neighbourhoods and adjoining sites; (f) Maintenance or increase in the stock of community housing units; (g) An increase in residential density; and (h) A range of housing types, including housing for lower income groups and those with specific needs. 14.1.1. 7 Policy 7: Temporary infringement for earthquake repairs To enable temporary infringement of some built form standards to facilitate the timely completion of repairs to earthquake damaged houses and ancillary buildings. .

14.1.5 OBJECTIVE 5: HIGH QUALITY RESIDENTIAL ENVIRONMENTS High quality, sustainable, residential neighbourhoods which are well designed, have a high level of amenity, and enhance local character.

Policies to Achieve Objective 5 14.1.1.1 Policy 8: Neighbourhood Character, Amenity and Safety Ensure individual developments achieve high quality residential environments that; (a) Reflect the context, character and the scale of building anticipated in the neighbourhood; (b) Contribute to a high quality streetscape; (c) Provide a high level of internal and external amenity; (d) Minimise noise effects from traffic and other sources; (e) Provide safe, efficient and easily accessible movement for pedestrians, cyclists and vehicles; and (f) Incorporate principles of crime prevention through environmental design.

14.1.1.8 Policy 9: Best Practice for health, building sustainability, energy and water efficiency. Ensure that all new residential buildings : (a) provide for occupants health, changing physical needs, and life stages;

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(b) are energy and water efficient; and (c) provide for reduced stormwater run off;

14.1.1.9 Policy 10: Neighbourhood character and residential amenity in Residential Banks Peninsula Ensure high quality residential character and amenity is achieved through development that: (a) Reflects the context, character and the scale of the neighbourhood; (b) Does not visually dominate views and maintains the landscape setting; and (c) Ensures a high level of internal and external amenity including access to sunlight, adequate living space and privacy;

14.1.1.10 Policy 11: Heritage values in residential areas of Lyttelton and Akaroa Conserve the residential historic heritage values of Lyttelton and Akaroa by: (a) Providing limited opportunity for additional households; (b) Ensuring that new buildings are of a similar scale, size and height as existing residential dwellings in the area; (c) Ensuring that subdivision creates lots that are consistent with the historic development pattern that exists in the area; (d) Ensuring that new buildings and modification to buildings, including their setting, complement and be compatible with: i. the architectural style; ii. era; iii. form and proportions; iv. façade line of buildings in the area; v. Layout on the site and vi. Landscape context

14.1.6 OBJECTIVE 6: COMPREHENSIVE PLANNING FOR NEW NEIGHBOURHOODS Greenfield residential areas provide sufficient housing opportunities to assist recovery and optimise long term positive environmental, economic, social and tangata whenua opportunities to produce comprehensively planned liveable communities and neighbourhoods. Policies to Achieve Objective 6 14.1.1.11 Policy 12: Outline Development Plans and Master Plans Ensure that all subdivision and development of new neighbourhoods is in accordance with a Neighbourhood Outline Development Plan to: (a) Achieve an efficient and effective staging to the provision and use of infrastructure, stormwater management networks, parks and open space networks that is integrated with land use development; and (b) Provide good access to facilities and services by a range of transport modes through the provision of integrated movement network of roads, public transport, cycle and pedestrian routes; and (c) Infrastructure and movement routes are fully integrated with existing adjacent communities and enables connectivity with other undeveloped areas; and 13

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(e) (f) (g) (h)

Avoid or mitigate risks from natural hazards and geotechnical characteristics of the land; and Remediate contaminated land; and Utilise opportunities to enhance tangata whenua values; and Avoid interim land use and development compromising the integrity and viability of infrastructure provision and community development.

14.1.1.12 Policy 13: Higher density housing location Ensure that higher density housing is located to support commercial centres and efficient public transport, and provide opportunities for walking and cycling, and access to open space.

14.1.1.13 Policy 14: Neighbourhood Centres scale and location Easy access is provided to appropriately sized neighbourhood centres to enable residents and visitors to meet their day-to-day needs. 14.1.1.14 Policy 15: Parks and Open Space network Ensure that a variety of integrated public parks and open space areas are provided to meet differing community needs and are within walkable access for all residents. 14.1.1.15 Policy 16: Water networks Ensure that stormwater management: (a) integrates with open space in a manner that utilises “soft” engineered solutions to enable the development of multi-purpose amenity areas that integrate with the parks and open space network; (c) improves water quality and infiltration; (d) reduces the potential for bird strike to aircraft; and (e) is in accordance with any Council: i. Integrated Catchment Management Plans; ii. Stormwater Management Plans; and iii. held discharge consents and applications for discharge consent. 14.1.1.16 Policy 17: Transport network Ensure accessibility and connectivity for all modes of transport through: (a) a well-connected cycle and pedestrian network that is integrated with the park and stormwater networks; (b) a public transport route through the neighbourhood along spine/ collector roads that is easily accessible to residents and that in particular connects with any neighbourhood or larger commercial centres; and (c) a roading network that people can understand and plan so that they can move around easily.

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14.1.1.17 Nga Kaupapa / Policy 18: Protection of sites, values and other taonga of significance to tangata whenua Ensure: (a) protection of sites, values and other taonga of cultural significance to Ngai Tahu using culturally appropriate methods; and (b) identification and utilisation of opportunities to enhance sites, values and other taonga of cultural significance to Ngai Tahu. 14.1.1.18 Policy 19: Separation of incompatible activities Ensure adverse effects (including reverse sensitivity) on existing businesses, strategic infrastructure and rural activities outside the Outline Development Plan area, are avoided or mitigated.

14.1.1.19 Policy 20: Protection of natural features Ensure that development complements and enhances the amenity, recreational, heritage and ecological features and values, particularly for conservation areas, rivers and streams. 14.1.7 OBJECTIVE 7: NON-RESIDENTIAL ACTIVITIES Residential activities remain the dominant activity in the residential zones and non-residential activities to meet local community needs are compatible with and can be accommodated within residential areas. Policies to Achieve Objective 7 14.1.1.20 Policy 21: Residential character Ensure that non-residential activities avoid or remedy adverse effects on residential coherence, character and amenity. 14.1.1.21 Policy 22: Local community facilities and services Local community facilities and services within residential areas only to meet local community needs. 14.1.1.22 Policy 23: Home occupations Home occupation activity is secondary in scale to the residential use of the property. 14.1.1.23 Policy 24: Existing non-residential activities Reuse and limited further on-site development of existing non-residential activities 14.1.1.24 Policy 25: Retailing in Residential Zones

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Limited opportunities for small scale retailing while maintaining residential coherence, character and amenity, and functioning of the transport network. 14.1.1.25 Policy 26: Memorial Avenue and Fendalton Road Maintain the war memorial and visitor gateway roles of Memorial Avenue and Fendalton Road and their very high amenity values, by avoiding the establishment of non-residential activities and associated signage and vehicle parking on sites in residential zones with frontage to these roads.

14.1.7 OBJECTIVE 8: PROTECTION OF PUBLIC DRINKING WATER SUPPLY SOURCES AND SYSTEMS IN BANKS PENINSULA Residential development does not adversely affect drinking water sources and systems in Banks Peninsula Policy to Achieve Objective 8 14.1.1.26 Policy 27: Public Drinking Water Supply Sources and Systems Ensure that new residential units have facilities to retain and reuse rainwater on site for non potable domestic water uses.

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Zone descriptions

Residential Suburban Zone The Residential Suburban Zone provides for the traditional type of housing in New Zealand in the form of single or two storied predominantly detached or semi detached houses, with garage, ancillary buildings and provision for gardens and landscaping. The changing demographic needs and increasing demand for housing in this zone is provided for through a range of new housing opportunities, including better utilisation of the existing housing stock. The zone provisions enable existing houses to be converted into two residential units and minor (small) residential units to be built within existing neighbourhoods. A wider range of housing options will enable a typical family home to be retained but also provide greater housing stock for dependent relatives, rental accommodation, and homes more suitable for smaller households (including older persons). Built form standards control the height and location of buildings, and the ratio of building footprint to onsite open space to ensure residents have good access to sunlight, privacy, and on site amenity.

Residential Medium Density Zone The Residential Medium Density Zone is located close to the central city and around other commercial centres across the city. The zone provides a range of housing options for people seeking convenient access to services, facilities, employment, retailing, entertainment, parks and public transport. The zone provides for townhouses, terraced housing, and apartment buildings, through well-designed redevelopments of existing sites, particularly comprehensive development of multiple adjacent sites. Smaller and shared outdoor living spaces are acceptable within this zone and are common with a more urban lifestyle. Zone standards and urban design assessments will however still ensure that the quality of new residential environment is attractive, and delivers safe, secure, private, useable, attractive and well landscaped buildings and settings.

Residential Banks Peninsula Zone The Residential Banks Peninsula Zone includes urban and suburban living, commuter accommodation and the small harbour settlements. The resource management issues for the Residential Banks Peninsula Zone relate to both the location and impact of settlements and other residential activities in the natural environment and the effects of buildings and activities on the amenity of residential areas. Non residential activities that are not compatible with the character of the Residential Banks Peninsula Zone are controlled in order to mitigate adverse effects on the character and amenity of the area. The zone includes the settlements of Lyttelton and Akaroa which each have a distinctive urban character. Lyttelton has a more urban atmosphere and a distinct urban-rural boundary. Lyttleton is dominated by the buildings with larger-scale residential and commercial buildings, and the Lyttleton

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Ports industrial buildings and activities. The residential areas are characterised by small lot sizes and narrow streets. These aspects all contribute to the unique amenity and character of Lyttelton. Akaroa is a smaller settlement characterised by its historic colonial form and architecture, relatively narrow streets, distinctive residential buildings and well-treed properties. Akaroa is a focal point for visitors to the region and the District. The aspects of residential amenity described in the two residential settlements above are highly valued by its residents. Opportunities for residential expansion around Lyttelton and Akaroa are constrained by the availability of reticulated services. Any additional residential areas will need to be serviced by appropriate effluent disposal systems in order to avoid the adverse effects on the environment of effluent disposal. The smaller settlements around Lyttelton harbour provide a variety of residential opportunities. Residential areas at Cass Bay, Corsair Bay, Church Bay and Diamond Harbour offer a lower density residential environment with relatively large lots. Each settlement differs as a reflection of its history, the local topography, the relationship with the coast and the type of residential living offered.

Residential Conservation Zone The Residential Conservation Zone encompasses the inner residential areas of Lyttelton and Akaroa. These areas contain the original colonial fabric of the two settlements which represent an important element of the heritage of Banks Peninsula. These areas are important to the District’s tourist industry being of significant interest to local visitors and tourists. Houses date from the early days of European settlement and are generally wooden with steeply pitched roofs. Many sites are small, houses stand close to each other, are oriented towards the street, and in many cases there is insufficient space for on-site car parking. The narrow streets, small scale and density of residential development give an intimacy and contribute to the unique character and amenity of the area. In order to retain the unique heritage, character and amenity of the area, new building construction other than minor work will require a resource consent. The assessment will be focused on maintaining consistency of building set-back and architectural mass, form and proportion. Design guidelines assist in the preparation and assessment of development proposals.

New Neighbourhood Zone New Neighbourhood Zone generally includes new areas of greenfield land where large-scale residential development is planned. The zone will deliver a wide range of residential house types and section sizes to provide for a wide spectrum of household sizes and affordable housing. Households will therefore be able to remain within the neighbourhood through-out their lifetime. The New Neighbourhood Zone will be developed in accordance with an Outline Development Plan to ensure key development features and constraints are recognised. Residents will have good access to local services and facilities, open space and recreational activities. New housing areas will be well integrated with existing residential neighbourhoods. Where facilities and amenities are not already provided by adjoining residential neighbourhoods and centres, the new neighbourhood will deliver new services and facilities to an appropriate scale. The Mahaanui Iwi Management Plan has identified that appropriate and culturally sensitive development of new neighbourhoods is of concern to tangata whenua. Development within these areas will only be undertaken after a cultural landscape assessment has been undertaken. Site, 18

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values and other taonga of cultural significance to Ngai Tahu will be identified along with methods to avoid, remedy or mitigate adverse effects upon them. Development may also provide opportunity to enhance these sites, values and other taonga. The rules for the New Neighbourhood Zone are located in two chapters, this chapter (Chapter 14) and the Subdivision and Development Chapter (Chapter 8). The rules in the Chapters cross reference to each other.

14.2 Rules - Residential Suburban Zone 14.2.1 14.2.1.1

How to use the rules The rules that apply to activities in the Residential Suburban Zone, are contained in: (a) (b)

14.2.1.2

The Activity Status Tables (incl. Activity Specific Standards) in Rule 14.2.2; and Built Form Standards in Rule 14.2.3

The rules that apply to activities within the following specific areas are contained in the Area Specific Restricted Discretionary Activities Table 14.2.4.1 and Area Specific Built Form Standards Rule 14.2.4.2: East Halswell within the development plan defined in former Appendix 3g (generally bounded by Halswell, Sparks and Milns Roads) – Rule 14.2.4.1 North Halswell within the development plan defined in former Appendix 3h (generally bound by Dunbars, Halswell and Templeton Road and the Christchurch Southern Motorway) – Rule 14.2.4.1 Wigram within the development plan as defined in former Appendix 3r (generally bounded by RNZAF Bequest Land, Awatea Road and the Wigram aerodrome and runway – Rule 14.2.4.1 Peat Ground Condition Constraint – Rule 14.2.4.1, 14.2.4.2.1, 14.2.4.2.3, 14.2.4.2.5, 14.2.4.2.7 Peat Ground Condition Constraint south of the Northcote – Burwood expressway, between Philpotts Road and Burwood Road – Rule 14.2.4.1 – Rule 14.2.4.1, 14.2.4.2.1, 14.2.4.2.3, 14.2.4.2.5

Prestons Road Retirement Village Overlay – Rule 14.2.4.1, 14.2.4.2.3, 14.2.4.2.4 14.2.4.2.5, 14.4.2.4.8 Adjacent to State Highway 73 (Southern Motorway) between Annex and Curletts Roads;

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Adjacent to State Highway 75 (Curletts Road) between the intersection with State Highway 73 and Lincoln Road; - Rule 14.2.4.2.7 Existing Rural Hamlet Zone -14.2.4.2.1 Rule 14.2.4.2.3, 14.2.4.2.7 Stormwater capacity constraint Rule 14.2.4.2.1, 14.2.4.2.3, 14.2.4.2.5 Upper Styx Overlay Rule 14.2.4.2.1

14.2.1.3

The activity status tables and standards in the following Chapters (where relevant): 5 6 7 8 9 11 12

Natural Hazards;. General Rules and Procedures; Transport; Subdivision, Development and Earthworks; Heritage and Natural Environment; Utilities and Infrastructure; and Hazardous Substances and Contaminated Land

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14.2.2

Activity Status Tables – Residential Suburban Zone

14.2.2.1

Permitted Activities - Residential Suburban Zone In the Residential Suburban Zone the Activities listed below are Permitted Activities if they comply with any Activity Specific Standards set out in this table and the Built Form Standards in Rule 14.2.3 Activities may also be Controlled, Restricted Discretionary, Discretionary, Noncomplying or Prohibited as specified in Rules 14.2.2.2, 14.2.2.3, 14.2.2.4, 14.2.2.5, and 14.2.2.6.

ACTIVITY P1 Residential Activities that occur within a residential unit P2 Relocation of a Residential Unit P3 Conversion of an Elderly Persons Housing Unit existing at 6 December 2013 into a Residential Unit that may be occupied by any person(s) and without the need to be encumbered by a bond or other appropriate legal instrument.

ACTIVITY SPECIFIC STANDARDS NIL

P4 Home Occupation

a. The maximum gross floor area of buildings plus the area used for outdoor storage for non-residential activities shall be 40m2; b. No more than one full-time equivalent person, who permanently resides elsewhere than on the site, may be employed in undertaking any activity on the site; c. Retailing is limited to the sale of goods grown or produced on the site, or internet-based sales where no customer visits occur; d. The site is open to business visitors or clients for a maximum of 50 hours per week. e. The hours of operation when the site is open to

NIL a. each unit has a minimum gross floor area, excluding terraces, garages, sundecks and verandahs, of 35m2; b. the residential unit converted from the existing elderly persons housing unit has a separate outdoor living space readily accessible from its living area that is at least 30m2 with a minimum dimension of 3m;

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business visitors or clients are limited to between the hours: i. 0900 – 2100 Monday to Friday, and ii. 0900 – 1300 Saturday, Sunday and public holidays f. Where open to visitors or clients is not located above ground floor level in a multiple level apartment complex; g. No visitor or staff parking is to be provided within the road boundary setback; h. The maximum area of signage shall be no more than 1m2, i. No signage is permitted on sites with frontage to Memorial Avenue or Fendalton Road P5 Day Care facility

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for day care activities shall be 200m2; c. Any outdoor play areas and facilities comply with the Group 1 acoustic standard for residential zones; d. Signage is limited to no more than 1m2; e. The hours of operation when the site is open to visitors, clients, or deliveries are limited to between the hours: i. 0700 – 2100 Monday to Friday, and ii. 0700 – 1300 Saturday, Sunday and public holidays f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an Access and shall have frontage to the same road; g. There shall be no more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1

P6 Health Care Facility, including Veterinary Care

a. Located on a site with frontage on, and has the primary Access to, a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for health care activities shall be 200m2; c. Signage is limited to no more than 1m2;

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d. The hours of operation when the site is open to patients or clients are limited to between the hours: i. 0700 – 2100 Monday to Saturday, and ii. Closed Sunday and public holidays; e. The boarding of animals on the site shall be limited to a maximum of four animals. f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; g. The residential block is not to be left with more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1 P7 Education activity

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for Education activities shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to clients or visitors are limited to between the hours: i. 0700 – 2100 Monday to Saturday, and ii. Closed Sunday and public holidays; e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1

P8 Temporary Military or Emergency Service Training activities

NIL

P9 Market gardens, community gardens, and garden allotments

NIL

P10Storage of heavy vehicles

No more than one such vehicle may be stored on the

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P11Dismantling, repair, or storage of motor vehicles and boats. P12

Conversion of a Family Flat existing at 6 December 2013 into a residential unit that may be occupied by any person(s) and without the need to be encumbered by a legal instrument.

site. The vehicles and/or boats are owned by people who live on the same site. a. the residential unit converted from the existing family flat has a minimum gross floor area, excluding terraces, garages, sundecks and verandahs, of 35m2; b. There shall be a total outdoor living space on the site of a minimum 90m2 with a minimum dimension of 6m. This total space can be provided as a single contiguous area, or be divided into two separate spaces, provided that each unit is provided with an outdoor living space that is directly accessible from that unit and is a minimum of 30m2 in area. This requirement replaces the general outdoor living space requirements set out in Rule 14.2.3.6.

P13

Conversion of a residential unit within or as an extension to a residential unit into two.

a. each residential unit has a minimum gross floor area, excluding terraces, garages, sundecks and verandahs, of 35m2; b. There shall be a total outdoor living space on the site of a minimum 90m2 and minimum dimension of 6m, This total space can be provided as a single contiguous area, or be divided into two separate spaces, provided that each unit is provided with an outdoor living space that is directly accessible from that unit and is a minimum of 30m2 in area. This requirement replaces the general outdoor living space requirements set out in Rule 14.2.3.6.

c. the residential unit to be converted does not lie within the tsunami inundation area as set out in Environment Canterbury Report number R12/38 “Modelling coastal inundation in Christchurch an Kaiapoi from a South American Tsunami using topography from after the 2011 February Earthquake (2012), NIWA”

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d. the residential unit to be converted does not lie within the Riccarton wastewater interceptor catchment indentified on the Planning Maps xx

P14 Two residential units may be established on a site.

a. The site prior to the Canterbury Earthquakes of 2010 and 2011 was i. vacant; or ii. occupied by one residential unit and that residential unit and has been or will be demolished because the insurer(s) of that unit have determined that the residential unit was uneconomic to repair because of earthquake damage; or b. the site does not lie within the tsunami inundation area as set out in Environment Canterbury Report number R12/38 “Modelling coastal inundation in Christchurch an Kaiapoi from a South American Tsunami using topography from after the 2011 February Earthquake (2012), NIWA” c. the site does not lie within the Riccarton wastewater interceptor catchment as shown on Planning Maps d. the existing site complies with the Minimum net area for one residential unit in Rule 14.2.3.1 e. each new residential unit has a minimum gross floor area, excluding terraces, garages, sundecks and verandahs, of 35m2; f. there shall be a total outdoor living space on the site of a minimum of 90m2 and a minimum dimension of 6m. This total space can be provided as a single contiguous area, or be divided into two separate spaces, provided that each unit is provided with an outdoor living space that is directly accessible from that unit and is a minimum of 30m2. This requirement replaces the general outdoor living

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Draft Residential Chapter – 25 February 2014

space requirements set out in Rule 14.2.3.6. P15 Minor residential unit a. The site containing both units has a minimum net where the minor unit is a area of 450m2; and detached building. b. No more than one minor residential unit can be provided on the same site; and c. The minor residential unit has a minimum gross floor area of 35m2 and a maximum gross floor area of 70m2; and d. The parking areas of both units are to be accessed from the same access; and e. A total outdoor living space of a minimum of 90m2 and a minimum dimension of 6m is to be provided on the site. Each residential unit shall have a total outdoor living space on the site of a minimum 90m2. This total space can be provided as: i. a single continuous area with a minimum dimension of 6m; or ii. be in two connected spaces each with a minimum dimension of 6m. ii. be divided into two separate unconnected spaces, provided that each unit is provided with an outdoor living space that is directly accessible from that unit and is a minimum of 30m2 in area; or This requirement replaces the general outdoor living space requirements set out in Rule 14.2.3.6. P16 Social Housing Multiunit Up to 4 residential units Residential Complexes P17 Multiunit Residential Up to 4 residential units Complexes within the Residential Suburban Zone Overlay P18 Places of Assembly a. Located on a site with frontage on, and has the primary Access to, a minor arterial or collector road; b. maximum gross floor area of all buildings used for the facility on the site shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to visitors are limited to between the hours 0700 – 2100. e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and

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Draft Residential Chapter – 25 February 2014

shall have frontage to the same road; f. The residential block is not to be left with more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1 P19 Temporary lifting or moving of earthquake damaged buildings. Non Compliance with Building Height Site Coverage Outdoor Living Space Daylight Recession Planes Minimum building setbacks from internal boundaries Maximum impervious surface rules as a result of lifting or moving a building for the purposes of earthquake repairs.

i Where a building is to be temporarily moved (within or onto another site), the building is not moved to: •

within 1 metre of an internal boundary and/or



within 3 metres of any water way, scheduled tree, listed heritage item, natural resources and Council owned structure, archaeological site, or the coastal marine area

ii Where a building is to be raised on a site, the building: •

is to be lifted to a height not exceeding 2.5 metres above the applicable recession plane or height control;



the building must be lowered back or moved back to its original position or a position compliant with the City Plan or consistent with a resource consent within eight weeks of the lifting or moving works having first commenced.

iii In all cases of a building being moved or lifted, the owners/occupiers of land adjoining the sites must be informed of the work at least seven days prior to the lift or move of the building occurring. The information provided must include details of a contact person, details of the lift or move, and the duration of the lift or move.

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Draft Residential Chapter – 25 February 2014

iv The Council’s Resource Consents Manager must be notified of lifting or moving the building at least 7 days prior to the lift or move of the building occurring. The notification must include details of the lift or move, property address, contact details and intended start date.

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Draft Residential Chapter – 25 February 2014

14.2.2.2

Controlled Activities - Residential Suburban Zone There are no Controlled Activities

14.2.2.3

Restricted Discretionary Activities – Residential Suburban Zone The activities listed below are Restricted Discretionary Activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in 14.6 for each standard, as set out in the following table.

ACTIVITY

The Council’s Discretion shall be limited to the following Matters:

RD1 Residential units (including any sleep outs) containing more than 6 bedrooms in total

a. 14.6.6 Urban Design b. 14.6.14 Scale of activity c. 14.6.15 Traffic Generation Access and Safety d. 14.6.26 Liquefaction susceptibility of site and development.

RD2 Student Hostels owned or operated by a Secondary or Tertiary Education and Research Activity

a. 14.6.6 Urban Design b. 14.6.14 Scale of activity c. 14.6.26 Liquefaction susceptibility of site and development.

RD3

a. 14.6.18 Stormwater Ponding areas within 3km of Christchurch International airport.

Creation of Stormwater drainage ponding areas within 3 Kilometres of the edge of the Canterbury International Airport Runways RD4 Sensitive activities and building within the Electricity Transmission Line Corridor (a) Within 12m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (i) any new sensitive activity or additional habitable space;

a. 14.6.25 Electricity Transmission Line Corridor

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Draft Residential Chapter – 25 February 2014

(ii) any building between 12m and 32m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (ii) any sensitive activity (b) Any application within the corridor need not be publicly notified and need not be served on any affected party other than the network utility owner. I The Electricity Transmission Line network utility owner or operator shall be considered an affected party for any activity requiring consent. Notes: 1. The transmission line corridor is shown on the planning maps …..––– – The centre of the transmission line is to be found by measuring a straight line from the centre of two adjoining support structures. 3. The requirements of the New Zealand Electrical Code of Practice should be noted in relation to land use activities and vegetation under or near transmission lines. RD5 Conversion of a Residential a.14.6.6 Urban Design Unit within or as an extension to an existing residential unit Rule b.14.6.7 Minor Residential Units 14.2.2.1 Permitted activity P14 that does not meet the Activity Specific Requirement in Rule 14.2.2.1 Permitted activity P14 iv. and v.

RD6 Minor residential unit where a.14.6.6 Urban Design the minor unit is a detached b. 14.6.7 Minor Residential Units building and does not meet the Permitted Activity Criteria PX …in 14.2.2.1

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RD7 Social Housing Multiunit 14.6.6 Urban Design Residential Complexes - over 4 14.6.14 Scale of Activity residential units RD8 Multi Unit Residential 14.6.6 Urban Design Complexes in Residential Suburban 14.6.14 Scale of Activity Zone Density Overlay Area – over 4 residential units RD10 Elderly Persons Retirement a. 14.6.6 Urban Design Villages b. 14.6.14 Scale of activity

RD 11 Convenience retail activity where a. The site is located on the corner of a minor arterial road; b. The total area occupied by retailing on the site is no more than 40 m2 public floor area;

a. 14.6.6 Urban Design b. 14.6.14 Scale of activity c. 14.6.16 Non residential hours of operation d. 14.6.15 Traffic Generation Access and Safety

c. Does not include the sale of alcohol; d. Signage is limited to no more than 1m2 and shall be within the road boundary setback; e. The hours of operation when the site is open to business visitors or clients are limited to between the hours of 0700 – 2200 Monday to Sunday and public holidays; f. No on-site parking for visitors or service purposes is to be provided.

RD 12 Temporary lifting or moving of earthquake damaged buildings that does not meet the standards in P19

a. 14.6.30 Temporary lifting or moving of earthquake damaged buildings Any application arising from this rule will not require written approvals and shall not be publicly or limited notified.

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Draft Residential Chapter – 25 February 2014

14.2.2.4

Discretionary Activities – Residential Suburban Zone

The activities listed below are a Discretionary Activities. ACTIVITY D1 Home occupation, Day Care facilities, Health Care facilities, Education Activities, Travellers Accommodation and conversion of an Elderly Persons Housing Unit into a residential unit, and show homes where it does not meet one or more of the Activity Specific Standards for permitted activities.

14.2.2.5

Non Complying Activities – Residential Suburban Zone The activities listed below are a Non Complying Activity. NC1 any activity not provided as a permitted, controlled, restricted discretionary, discretionary or prohibited activity. NC2 Any non-residential activity located on a site with frontage to Memorial Avenue or Fendalton Road. NC 3 Any new residential unit, or any building or part of a building including additions to a building, described in former Part 4, Appendix 1, and which is within the 55 dBA Ldn noise contour shown on the planning maps, which is not insulated from the aircraft noise so as to comply with the provisions of that appendix.

14.2.2.6

Prohibited Activities - Residential Suburban Zone There are no Prohibited Activities

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14.2.3

Built Form Standards - Residential Suburban Zone

14.2.3.1

Site Density - Residential Suburban Zone

Each residential unit shall be contained within its own separate site with a minimum net area as follows: Activity

Permitted

Residential Suburban Zone (excluding residential units established under Rules 14.2.2.1 P14, P15, P16, and P17 Residential Suburban Zone – Social Housing residential units.

450m2 or more

Residential Suburban Zone Density Overlay – Multi-unit Residential Complexes

Restricted Discretionary 400-450m2

There shall be no NIL minimum net area for any residential unit that is part of a multi-unit residential complex that contains 4 or fewer units there shall be no NIL minimum net area for any residential unit that is part of a multi-unit residential complex that contains 4 or fewer units

Note: Refer also to the Subdivision Rules

34

Matters of Discretion 14.6.1 Site Density and Site Coverage

Noncomplying

NIL

NIL

NIL

NIL

8m

Draft Residential Chapter – 25 February 2014

Multi Unit Social Housing Complexes outside the Suburban Zone Density Overlay Minor dwelling units outside the Suburban Zone Density Overlay

5.5m or less and of a single storey only.

>5.5m or more than one storey.

5.5m or less and of a single storey only.

>5.5m or more than one storey

Note: 1 See the permitted height exceptions contained within the definition of height; 2 For the purposes of determining building height in the Prestons Road Retirement Village overlay, ground level shall be taken as the level of ground existing when filling or excavation for new buildings on the land has been completed. 14.2.3.5

Site Coverage - Residential Suburban Zone

The maximum percentage of the net area of any site covered by buildings excluding: (a) (b) (c) (d)

fences, walls and retaining walls; eaves and roof overhangs up to 600mm in width from the wall of a building; uncovered swimming pools up to 800mm in height above ground level; and decks, terraces, balconies, porches, verandahs, bay or box windows (supported or cantilevered) which: i. are no more than 800mm above ground level and are uncovered or unroofed; or ii. where greater than 800mm above ground level and/or covered or roofed, are in total no more than 6m 2 in area for any one site.

shall be as follows:

Zone/Activity/Area

Permitted

Restricted Matters Discretionary Discretion 35-40%

Residential 40%

14.6.1 Site Density and Site Coverage

Multi-unit Social < 40% Housing Complexes within the Residential Suburban Zone Density Overlay area. Residential 55% or less

40-45% (calculated over the net area of the site of the entire complex) >55% 37

>45% (calculated 14.6.1 Site over the net Density and Site area of the site of the Coverage entire complex) NIL

Draft Residential Chapter – 25 February 2014

Suburban Zone Market gardens

14.2.3.6 (a)

14.6.1 Site Density and Site Coverage

Outdoor Living Space- Residential Suburban Zone

Each residential unit shall be provided with an outdoor living space in a continuous area, contained within the net area of the site with a minimum area and dimension as follows: Permitted

Suburban Residential Zone Residential Suburban Zone Density Overlay Multi-unit social housing Complexes within the Residential Suburban Zone Density Overlay area. (b)

Restricted Discretionary

Minimum Area 90m2 or more

Minimum Minimum Dimension Area >6m 14m

20m or less

>20m

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Draft Residential Chapter – 25 February 2014

Density Zone Deans Avenue Overlay and Residential Medium Density Zone Carlton Mill Overlay Residential Medium Density Zone Central New Brighton and North Beach

15m or less provided that any building shall not exceed 5 storeys above ground level

>15m or more than 5 storeys above ground level

Note: See the permitted height exceptions contained within the definition of height; Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.2 Building Height and Daylight Recession Planes.

14.3.3.4 Site Coverage -Residential Medium Density Zone The maximum percentage of the net area of any site covered by buildings shall be 40%. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.1 Site density and site coverage

14.3.3.5

Outdoor Living Space - Residential Medium Density Zone (a)

For residential units with 2 more bedrooms outdoor living space shall be provided on site for each residential unit, and shall not be occupied by parking or access . The required outdoor living space can be in a mix or private and communal areas, at the ground level or in balconies within the following dimensions: Minimum total area for each residential unit.

Minimum private area

Minimum dimension private area when provided at ground level

Minimum dimension private area when provided by a balcony

Minimum dimension of communal space

Accessibility of communal space

General accessibility for each residential unit

Minimum required outdoor living space at ground level for entire site

30m2

16m2

4m

1.5m

4m

Accessible by all units.

At least on private outdoor living space shall be accessible

50%

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from a living area of a the residential unit.

(b) For one bedroom units or studios on the ground floor outdoor living space shall be provided, and shall not be occupied by parking or access within the following dimensions Minimum total area for each residential unit.

Minimum dimension private area when provided at ground level

16m2

4m

(c) For one bedroom units or studios entirely at an upper level outdoor living space shall be provided within the following dimensions. The required outdoor living space can be in a mix or private and communal areas, at the ground level or in balconies within the following dimensions Minimum total area for each residential unit.

Minimum private balcony dimensions

16m2

6m2 area 1.5m dimension

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Draft Residential Chapter – 25 February 2014

Notes: 1. This diagram is an illustrative example only, showing one way the rule may be applied 2. For two storey units, allocation of space could be spread over both levels, (e)(g) 24m2 at ground level and 6m2 as a balcony at first floor. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.5 Outdoor living space Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.6 Daylight Recession Planes - Residential Medium Density Zone (a)

(b)

Buildings shall not project beyond a building envelope constructed by recession planes as shown in former Part 2 Appendix 1. Recession plane measurement shall commence from points 2.3m above internal boundaries. Where the building is located in a MDRZ that has a permitted height of more than 11m, the recession plane measurement shall commence from points 2.3m above internal boundaries and continue on the appropriate angle to points 11m above ground level, at which point the recession plane becomes vertical.

(c)

Where an internal boundary of a site abuts an access lot, access strip, or access to a rear lot, the recession plane may be constructed from points 2.3m above the furthest boundary of the access lot access strip, or access to a rear lot or any combination of these areas;

(d)

Where buildings on adjoining sites have a common wall along an internal boundary the recession planes shall not apply along that part of the boundary covered by such a wall.

(e)

Building elements that are permitted to intrude the recession planes are stated in Part 9, Rule 2.4. In addition to the matters in Part 9, Rule 2.4, solar panels are permitted within the recession plan(e) Gutters and eaves are also permitted within the recession plane, provided the depth of the intrusion is less than 0.2(m)

(f)

The level of internal boundaries shall be measured from filled ground level except where the site on the other side of the internal boundary is at a lower level, then that lower level shall be adopted

(g)

Where sites are located within a Flood Management Area, recession plane breaches created by the need to raise floor levels will not require the written approval of other persons and shall be non-notified

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.2 Building height and daylight recession planes.

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14.3.3.7 Minimum building setback internal boundaries - Residential Medium Density Zone All buildings not listed below.

1.8m from that Where residential buildings on adjoining sites have a ground floor window 1.8m of a habitable space located within 1.8m of the common internal neighbouring window for a minimum length of 2m boundary. either side of the window – refer diagram below.

All other Accessory buildings where the total length of walls or parts of the NIL accessory building within 1.8m of each internal boundary does not exceed 10.1m in length. Buildings that share a common wall along an internal boundary. NIL All other buildings where the internal boundary of the site adjoins an 1m access or part of an access

Note: This diagram is an illustrative example only, showing one way the rule may be applied (Refer to full rule for application of 1.8m separation. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.4 Minimum building, window and balcony setbacks from internal boundaries 14.3.3.8

Minimum setback and distance to ground level for Windows and Balconys - Residential Medium Density Zone

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Feature

Standard

Living area At an angle greater than windows at the 900 to the internal boundary first floor level - NIL and above At an angle less than 900 to the internal boundary - 4m Minimum distance between bottom of window and ground level 1.2m (such as above a garage which is partly below ground level) Living area At an angle greater than 900 windows at the to the internal boundary – ground floor level NIL facing an internal At an angle less than 900 to boundary the internal boundary – 3m Living area At an angle greater than 900 windows at the degrees to the internal ground floor level boundary - NIL facing an internal At an angle less than 900 boundary that degrees to the internal immediately boundary 1m. adjoins an access or part of an access Balcony 4m Minimum distance between bottom of balcony and ground level 1.2m (such as above a garage which is partly below ground level)

Restricted Discretionary

At an angle less than 900 to the internal boundary - NIL At an angle greater than 900 to the internal boundary - 4m Minimum distance between bottom of window and ground level less than 1.2m (such as above a garage which is partly below ground level) At an angle less than 900 to the internal boundary At an angle greater than 900 to the internal boundary – 3m At an angle less than 900 degrees to the internal boundary - NIL At an angle greater than 900 degrees to the internal boundary 1m

Minimum distance between bottom of balcony and ground level less than 1.2m (such as above a garage which is partly below ground level)

diagram under rule 14.

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Matters of Discretion 14.6.4 Minimum Building, Window and Balcony setbacks from internal boundaries

Draft Residential Chapter – 25 February 2014

14.3.3.9

Road boundary garage and building setback - Residential Medium Density Zone

Road boundary setback: (a) Building type and situations

Setback

For all buildings and situations not listed elsewhere in 14.3.4.10

4m

where that part of the building contains a habitable room or rooms

3m for 20% of the width of the total road frontage

Where a garage has a vehicle door that does not tilt or swing outwards facing a road.

4.5m

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Draft Residential Chapter – 25 February 2014

Where a garage has a vehicle door that tilts or swings outward facing a road

5.5m

Where a garage has a vehicle door that does not tilt or swings outward facing a shared accessway

7m measured from the garage door to the furthest formed edge of the adjacent shared access.

Where a garage has a vehicle door that tilts or swings outward facing a shared accessway

8m measured from the garage door the furthest formed edge of the adjacent shared access.

(b) Habitable Room Front Façade For street fronting units; garages, carports, and other accessory buildings (excluding basement car parking and swimming pools) shall be located at least 1.2m further from the road boundary than the front facade of any ground level habitable room of that unit;

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Notes 1. This diagram is an illustrative example only, showing one way the rule may be applied in the Residential Medium Density zone. 2. These setback distances apply where garage doors do not tilt or swing outwards.

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Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.3 Street scene – road boundary building setback, front doors fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.10

(a)

Fences and Screening Structures - Residential Medium Density Zone

The maximum height of any fence in the front yard setback from a local road shall be:

Where at least 50% of the fence structure is visually transparent

1.8m

Where less than 50% of the fence structure is visually transparent

1m

(b)

The maximum height of any fence front yard setback on any collector road, or arterial road - 1.8m

(c)

(a) and (b) shall not apply to fences or other screening structures located on an internal boundary between two properties zoned residential or residential or commercial or industrial.

Note: For the purposes of this rule, a fence or other screening structure is not the exterior wall of a building or accessory building. (d) Parking areas shall be separated from road boundaries, conservation, open space, or adjoining Residentially zoned sites by fencing that meets the requirements in (a) above.

Refer to diagram under rule 14.2.3.12 Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.3 Street scene - Road boundary Building setback, front doors, fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.11 Minimum Home Star and Life Mark Rating Residential Units - Residential Medium Density Zone Any new residential unit shall meet the following minimum Life mark and Home star standards

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Permitted

Restricted Discretionary

Homestar rating of 6 or greater Lifemark rating of 3 or greater

Home star rating of 5 or less Lifemark rating of 2 or less

Matters for Discretion 14.4.27 Lifemark Homestar 14.4.27 Lifemark Homestar

A copy of the Home Star Rating Sand the Lifemark Rating System is in Appendix A. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.27 Lifemark and Homestar. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.12 Building Overhangs - Residential Medium Density Zone No internal floor area located above ground floor level shall project more than 800mm horizontally beyond the gross floor area at ground level.

81

and and

Draft Residential Chapter – 25 February 2014

Note: These diagrams are illustrative examples only, showing a range of ways the rule may be applied Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.8 Building overhangs Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.13 Minimum Unit size - Residential Medium Density Zone The minimum net floor area (including toilets and bathrooms) for any residential unit shall be: Studio 1 Bedroom

35m2 45m2 82

Draft Residential Chapter – 25 February 2014

2 Bedroom 3 or more Bedrooms

70m2 90m2

The minimum unit area shall not include car parking, garaging, or balconies allocated to each unit. Where 6 or more residential units are proposed as part of a multi-unit residential complex, there shall be a mix of at least two unit size types ranging across 1, 2, 3 or more bedrooms. No unit size type shall account for more than two thirds of the overall number of units on a site.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.9 Minimum unit size. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.14

Ground Floor Habitable Space - Residential Medium Density Zone

(a)

In the Residential Medium Density Zone, where the permitted height limit is 11m or less any residential unit fronting a road or public space shall have a habitable space located at the ground level, with at least 50% of all residential units within a development also having a habitable space located at the ground level.

(b)

Each of these habitable spaces located at the ground level shall have a minimum floor area of 12m2 and a minimum internal dimension of 3m and be internally accessible to the rest of the unit.

(c)

Where the permitted height limit is over 11m a minimum of 50% of the ground floor area shall be occupied by habitable spaces and/or indoor communal living space. This area may include pedestrian access to lifts, stairs and foyers.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.10 Ground floor habitable space. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.15

Service, Storage, and Waste Management Spaces - Residential Medium Density Zone

(a) Each residential unit shall be provided with i.

an outdoor service space of 3m2 and waste management area of 2.25m2 with a minimum dimension of 1.5m; and

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Draft Residential Chapter – 25 February 2014

ii. a single, indoor storage space of 4m3 with a minimum dimension of 1m; and iii.

any space designated for waste management, whether private or communal, shall not be located between the road boundary and any building room and shall be screened from adjoining sites, conservation or open space zones, roads, and adjoining outdoor living spaces to a height of 1.5 metres.

(b) If a communal waste management area is provided within the site, the minimum required 2

outdoor service space is 3m for each residential unit. (c) If a communal waste management area is provided, it must be demonstrated to be: i. of a sufficient size to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units; ii. accessible and safe for use by all residents; and iii. easily accessible for the collection of bins by waste management contractors. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.11 Service, waste management and storage space. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.16

Acoustic Insulation - Residential Medium Density Zone

Any new habitable space within any residential unit, traveller' accommodation, or elderly persons' retirement village: (a) Within 20 metres of the edge of the nearest marked traffic lane of a Collector Road; or (b) Within 40 metres of the edge of the nearest marked traffic lane of an Arterial Road shall achieve a minimum external to internal noise reduction of 30 dBA (Dtr, 2m, nT). Note: Compliance with this rule may be achieved by ensuring any construction is in accordance with the acceptable solutions listed in Part 11, Appendix 1. In the Residential Medium Density Zone no alternative ventilation is required in situations where the rule is only met with windows closed Alternatively, compliance with the rule can be achieved through certification by a qualified acoustic engineer that the design is capable of achieving compliance with the performance standard Where no traffic lane is marked, the distances stated shall be measured from 2m on the roadward side of the formed kerb The location of Collector Roads and Arterial Roads is identified in Chapter 7

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Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.13 Acoustic insulation Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.3.17

Maximum impervious surface on a site connected to stormwater network

(a)

The maximum percentage of impervious surface on a sitewhere stormwater runoff is connected to stormwater reticulation or network shall be 60%

(b)

The maximum percentage of impervious surface on a sitewhere stormwater runoff is connected to a rain tank of at least 7000 litres net capacity and to stormwater reticulation or network shall be 75%. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.28 Maximum impervious surface on a site connected to stormwater network. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.3.4

Area Specific Restricted Discretionary Activity, Discretionary Activity and Built Form Standards for Residential and Other Activities - Residential Medium Density Zone

14.3.4.1

Restricted Discretionary Activities – Sumner Master Plan Overlay Area The activities listed below are Restricted Discretionary Activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in 14.6 for each standard, as set out in the following table. ACTIVITY

The Council’s Discretion shall be limited to the following Matters:

RD1 Retail Activity with frontage only to public access ways identified in Sumner Master Plan Overlay Area, Chapter 15 Commercial Zones Appendix 15.11

a. 14.6.6 Urban Design

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14.3.4.2

Discretionary Activities – Sumner Master Plan Overlay Area

The activities listed below are a Discretionary Activities. ACTIVITY D1 Retail and commercial activity in the Sumner Master Plan Overlay Area that does not meet the permitted activity standards set out in Rule 14.3.2.1 Permitted activity P10.

14.3.4.3 Area specific standards 14.3.3.1 Site Density Deans Avenue and Carlton Mill Overlays Residential Activities: the residential floor area ratio per site shall be as follows:

Activity Status

Permitted Residential Medium Density Zone Deans Avenue 1.0 or less Overlay and Carlton Mill Overlay Non-residential Activities: the plot ratio per site shall be as follows:

Non-complying >1.0

Residential Medium Density Zone 0.5 or less Residential Medium Density Zone Deans Avenue 0.8 Overlay Area

>0.5 >0.8

14.3.4.4 Area Specific Development Plans Deans Avenue Overlay, area bounded by bounded by Madras Street, Canon Street, Packe Street and Purchas Street; Residential Medium Density Zone Wigram; Sumner Master Plan Overlay Area

Standard

Parameter (i) Permitted and Controlled

Residential Medium The development of land shall be in Density Zone, Deans accordance with development plan Avenue Overlay contained in former Appendix 5 Part 3. Any development not in conformity with the development plan shall be a controlled activity with the Council’s discretion restricted to access and open space links. Matters of discretion for this rule are 86

(ii) Restricted Discretionary NIL

Draft Residential Chapter – 25 February 2014

contained in Chapter 15 Commercial Zone. Sites shall not have access to Deans Avenue other than via the proposed road to be located between 100m and 110m from the intersection of Moorhouse and Deans Avenue. (Refer Former Appendix 5 Part 3)

Area A, B and C of the NIL Residential Medium Density Zone bounded by Madras Street, Canon Street, Packe Street and Purchas Street

Development that does not comply with the permitted standard shall be a discretionary activity with Council’s discretion restricted to consideration of the safe and efficient functioning of the access and the road network The development of land shall be in accordance with the development plan contained in former Part 2 Appendix 11. Any development shall be a discretionary activity with the Council’s discretion restricted to: • conformity with the detail contained in the development plan • vehicular, cycle and pedestrian access •

any wider transport network effects from any associated transport generation caused by development not in accordance with the development plan

• the maintenance of permeability within the block for internal pedestrian and cycle circulation including the connections with that part of the block within the

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Commercial Zone

Local

• the integration and mix of activities provided, including facilities for resident's recreation and other non-residential activities Should the development proposed be the first development within the Areas A, B and C of the development plan contained in former Part 2 Appendix 11 (including that part within the Commercial Local Zone), that the application be accompanied by a concept plan covering the development of the whole area within the said development plan. The concept plan is to show in outline:

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the bulk and location of all buildings



the nature of each activity and the integration of the mix of activities



access, circulation (vehicular/pedes trian/cycle) and parking areas overall

Draft Residential Chapter – 25 February 2014

landscaping concepts •

overall landscaping concepts



areas of open space, including the degree to which such spaces are private, shared by onsite residents or available for wider public use

Development that occurs in advance of a concept plan is a restricted discretionary activity, with Council’s discretion restricted to the extent to which the proposal will limit the ability to achieve a comprehensive development across the wider site and the extent to which it will preclude the outcomes sought in the development plan. Residential Medium Density Zone Wigram (as shown on former Appendix 3r)

For those sites bounded by the RNZAF Bequest Land, residential units shall have their primary outdoor living area facing away from the aerodrome site. Windows to living areas which directly face the RNZAF Bequest Land shall be doubled glazed In addition, a 2m wide landscape strip and a close, solid and continuous 1.8m high fence shall be placed along the boundary of the RNZAF Bequest Land and be completed before any residential units are built.

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Any development that does not meet the permitted standard shall be a restricted discretionary activity, with the Council’s discretion restricted to consideration of: • The amenity of future occupants; and

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Sumner Master Overlay Area

14.3.4.5

Plan

Retail activities and commercial services shall be located along the identified road frontages in accordance with the Sumner Master Plan Overlay Area.

The potential for reverse sensitivity complaints relating to aircraft noise to arise

Retail activities and commercial services located along the public access ways identified on the Sumner Master Plan Overlay Area with the Council’s discretion restricted to matters of urban design, appearance and amenity.

Road boundary garage and building setback, for Sites fronting Bealey Avenue, Fitzgerald Avenue or Deans Avenue South of Blenheim R Sumner Master Plan Overlay Area, shown in Chapter 15 Commercial Zone, Appendix 15.11 .

(a) for Sites fronting Bealey Avenue, Fitzgerald Avenue or Deans Avenue South of Blenheim Road The road boundary setback shall be 6m. (b) Sumner Master Plan Overlay Area, shown in Chapter 15 Commercial Zone, Appendix 15.11; and Retail activities and commercial services with road frontage buildings; buildings shall: i. be built up to the road frontage with buildings occupying all frontage not needed for vehicle access to the rear of the site; ii. Provide a minimum of 60% and a maximum of 90% visually transparent glazing at the ground floor and a minimum of 20% and a maximum of 90% visually transparent glazing at each floor above the ground floor; iii. Provide pedestrian access directly from the road boundary; and iv. Provide veranda or other means of weather protection along the full width of the building fronting a road. (c) Sumner Master Plan Overlay Area, shown in Chapter 15 Commercial Zone, Appendix 15.11; and retail and commercial services with frontage only to public access ways; buildings shall: i.

occupy the full public access way frontage of the site;

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ii. provide a minimum of 60% and a maximum of 90% of visually transparent glazing at the ground floor and a minimum of 20% and a maximum of 90% visually transparent glazing at each floor above the ground floor; and iii. Provide pedestrian access directly from the public access way.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.3 Street scene – road boundary building setback, front doors fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

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14.4 Rules - Residential Banks Peninsula Zone

14.4.1 14.4.1.1

How to use the rules – Residential Banks Peninsula Zone The rules that apply to activities in the Residential Suburban, Residential Banks Peninsula, and Residential Conservation Zones are contained in: (a) (b)

14.4.1.2

The Activity Status Tables (incl. Activity Specific Standards) in Rule 14.4.2; and Built Form Standards in 14.4.3.

The rules that apply to activities within the following specific areas of the Residential Banks Peninsula, are contained in the Activity Status Tables and Rules 14.4.4. Lyttleton Port Influences Overlay Area

14.4.1.3

The activity status tables and standards in the following Chapters (where relevant): 5 6 7 8 9 11 12

Natural Hazards;. General Rules and Procedures; Transport; Subdivision, Development and Earthworks; Heritage and Natural Environment; Utilities and Infrastructure; and Hazardous Substances and Contaminated Land

14.4.2

Activity Status Tables - Residential Banks Peninsula Zone

14.4.2.1

Permitted Activities – Residential Banks Peninsula Zone

In the Residential Banks Peninsula Zone the Activities listed below are Permitted Activities if they comply with any Activity Specific Standards set out in this table and the Built Form Standards in Rule 14.4.3 Activities may also be Controlled, Restricted Discretionary, Discretionary, Non-complying or Prohibited as specified in Rules 14.4.2.1, 14.4.2.2, 14.4.2.3, 14.4.2.4, and 14.4.2.5.

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ACTIVITY P1 Residential Activities that occur within a residential unit P2 Home Occupation

ACTIVITY SPECIFIC STANDARDS Note: for residential activities within the Port Influences Overlay Area refer to area specific standards 14.4.4.

P3 Temporary Military or Emergency Service Training activities

NIL

P4 Education activity

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for Education activities shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to clients or visitors are limited to between the hours: i. 0700 – 2100 Monday to Friday, and ii. 0900 – 1300 Saturday; iii. Closed Sunday and public holidays; e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and

a. The maximum gross floor area of buildings plus the area used for outdoor storage for non-residential activities shall be 40m2; b. No more than one full-time equivalent person, who permanently resides elsewhere than on the site, maybe employed in undertaking any activity on the site; c. Retailing is limited to the sale of goods grown or produced on the site or internet-based sales where no customer visits occur; d. The site is open to business visitors or clients for a maximum of 50 hours per week. e. The hours of operation when the site is open to business visitors or clients are limited to between the hours: i. 0900 – 2100 Monday to Friday, and ii. 0900 – 1300 Saturday, Sunday and public holidays f. Where open to visitors or clients is not located above ground floor level in a multiple level apartment complex; g. No visitor or staff parking is to be provided between the building and the road boundary; h. No on-site parking is required in association with the home occupation; i. Signage is limited to no more than 1m2.

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shall have frontage to the same road; f. The residential block is not to be left with more than four nonresidential activities in that block. Note: see diagram after Rule 14.4.2.1 P5 Storage of heavy vehicles No more than one such vehicle may be stored on the site P6 Dismantling, repair, or storage of vehicles and/or boats are owned by people who live on the a. the motor vehicles and boats. same site; and b. the dismantling or repair does not occur outside of a building. P7 Heli-landing areas.

a. The activity occurs on sites greater than 3000m2; b. The number of flights do not exceed 12 (24 movements) in any calendar year; c. The flights (movements) do not take place on more than five days in any one month period; d. The flights (movements) do not exceed three in any one week; e. Any movements shall only occur between 0800 and 1800 hours; f. No movements shall take place within 25m of any dwelling unless that dwelling is owned or occupied by the applicant; g. A log detailing the time and date of each helicopter movement shall be maintained and made available for inspection by the Christchurch City Council when requested.

P8 Day Care facility

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for day care activities shall be 200m2; c. Any outdoor play areas and facilities comply with the Group 1 acoustic standard for residential zones; d. Signage is limited to no more than 1m2; e. The hours of operation when the site is open to visitors, clients, or deliveries are limited to between the hours: i. 0700 – 2100 Monday to Friday, and ii. 0700 – 1300 Saturday, Sunday and public holidays f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; g. The residential block is not to be left with more than four nonresidential activities in that block. Note: see diagram after Rule 14.4.2.1

P9

a. Located on a site with frontage on, and has the primary access to, a minor arterial or collector road;

Places of Assembly

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b. maximum gross floor area of all buildings used for the facility on the site shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to visitors are limited to between the hours 0700 – 2100. e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than two nonresidential activities in that block. Note: see diagram after rule 14.4.2.1 P10 Temporary lifting or moving of earthquake damaged buildings. Non Compliance with Building Height Site Coverage Outdoor Living Space Daylight Recession Planes Minimum building setbacks from internal boundaries Maximum impervious surface rules as a result of lifting or moving a building for the purposes of earthquake repairs.

i. Where a building is to be temporarily moved (within or onto another site), the building is not moved to: •

within 1 metre of an internal boundary and/or



within 3 metres of any water way, scheduled tree, listed heritage item, natural resources and Council owned structure, archaeological site, or the coastal marine area

ii. Where a building is to be raised on a site, the building: •

is to be lifted to a height not exceeding 2.5 metres above the applicable recession plane or height control;



the building must be lowered back or moved back to its original position or a position compliant with the City Plan or consistent with a resource consent within eight weeks of the lifting or moving works having first commenced.

iii. In all cases of a building being moved or lifted, the owners/occupiers of land adjoining the sites must be informed of the work at least seven days prior to the lift or move of the building occurring. The information provided must include details of a contact person, details of the lift or move, and the duration of the lift or move.

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iv. The Council’s Resource Consents Manager must be notified of lifting or moving the building at least 7 days prior to the lift or move of the building occurring. The notification must include details of the lift or move, property address, contact details and intended start date.

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14.4.2.2

Controlled Activities - Residential Banks Peninsula Zone An application arising from the Controlled Activity rules will not require the written approval of other persons and shall be non-notified ACTIVITY The Council’s Control shall be limited to the following Matters: C1 Relocation of a a. 14.7.3 Relocation of a building building

14.4.2.3

Restricted Discretionary Activities - Residential Banks Peninsula Zone The activities listed below are Restricted Discretionary Activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in 14.6 and 14.7 for each standard, as set out in the following table.

ACTIVITY

The Council’s Discretion shall be limited to the following Matters:

RD1 Residential units (including any sleep outs) containing more than 6 bedrooms in total

a. 14.6.6 Urban Design b. 14.6.15 Scale of activity c. 14.6.16 Traffic Generation Access and Safety d. 14.6.28 Liquefaction susceptibility of site and development.

RD2 Sensitive activities and building within the Electricity Transmission Line Corridor (a) Within 12m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (i) any new sensitive activity or additional habitable space; (ii) any building between 12m and 32m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (ii) any sensitive activity

a. 14.6.27 Electricity Transmission Line Corridor

(b) Any application within the corridor need not be publicly notified and need not be served on any affected party other than the

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network utility owner. (c) The Electricity Transmission Line network utility owner or operator shall be considered an affected party for any activity requiring consent. Notes: 1. The transmission line corridor is shown on the planning maps … 2. The centre of the transmission line is to be found by measuring a straight line from the centre of two adjoining support structures. 3. The requirements of the New Zealand Electrical Code of Practice should be noted in relation to land use activities and vegetation under or near transmission lines. RD3 Elderly Villages

Persons

Retirement

RD4 Place of Assembly Residential Banks Peninsula and Residential Conservation zones. that do not meet the activity specific standards RD 5 Temporary lifting or moving of earthquake damaged buildings that does not meet the standards in P19

14.4.2.4

a. 14.6.6 Urban Design b. 14.6.15 Scale of activity non residential activities …. Note: geriatric hospice and hospital care are subject to the Health Care Facilities standards. a. 14.6.6 Urban Design b. 14.6.15 Scale of activity c. 14.6.17 Non residential hours of operation a. 14.6.30 Temporary lifting or moving of earthquake damaged buildings Any application arising from this rule will not require written approvals and shall not be publicly or limited notified.

Discretionary Activities - Residential Banks Peninsula Zone

The activities listed below are a Discretionary Activities. ACTIVITY 98

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D1

Home occupation, Education Activities, and camping grounds, and show homes where it does not meet one or more of the permitted activity standards.

D2

Place of Assembly Residential Banks Peninsula and Residential Conservation zones. (except for a Port Noise Sensitive Activity within the Port Influences Overlay) where: (a) the minimum site area is not less than 30m2 per person; (b) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; (c) The hours of operation are between 0700 – 2200 hours Monday to Sunday and public holidays; and (d) There is no use of heavy vehicles associated with the activity. Visitor Facilities provided where : (a) the minimum site area is not less than 30m2 per person; and (b) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; and (c) There is no use of heavy vehicles associated with the activity. Health Care Facility (except for a Port Noise Sensitive Activity within the Port Influences Overlay) where: (a) the maximum floor area used for Health Care activities on any site does not exceed 100m2; (b) there is no use of heavy vehicles associated with the activity; and

D3

D4

D5

D6 D7 14.4.2.5

Retail activities in Residential Banks Peninsula Zone, where (a) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; (b) The hours of operation are between 0700 – 2200 hours Monday to Sunday and public holidays; (c) The maximum floor area used for retail activities on any site does not exceed 50m2; (d) Does not include trade or yard-based suppliers or service stations; and (e) There is no use of heavy vehicles associated with the activity. Emergency Service Facilities in the Residential Banks Peninsula Zone All other non-residential activities not otherwise listed in these tables

Non Complying Activities - - Residential Banks Peninsula Zone The activities listed below are a Non Complying Activity. NC1 any activity not provided as a permitted, controlled, restricted discretionary, discretionary or prohibited activity

14.4.2.6

Prohibited Activities - Residential Banks Peninsula Zone The activities listed below are a Prohibited Activity There are no prohibited activities

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14.4.3

Built Form Standards - Residential Banks Peninsula Zone

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14.4.3.1

Site Density - Residential Banks Peninsula Zone

Each residential unit shall be contained within its own separate site with a minimum net area as follows: Area/Location Residential Banks Peninsula Zone

Permitted 400m2 or more

Restricted Discretionary 4.5m for accessory buildings

Site Coverage - Residential Banks Peninsula Zone

The maximum percentage of the net area of any site covered by buildings excluding: (a)

fences, walls and retaining walls;

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Matters Discretion

of

14.7.1 Site Density, site coverage, height and sunlight and outlook.

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(b) eaves and roof overhangs up to 600mm in width from the wall of a building; (c) uncovered swimming pools up to 800mm in height above ground level; and (d) decks, terraces, balconies, porches, verandahs, bay or box windows (supported or cantilevered) which: i. are no more than 800mm above ground level and are uncovered or unroofed; or ii. where greater than 800mm above ground level and/or covered or roofed, are in total no more than 6m 2 in area for any one site.

shall be as follows:

Permitted 35% or less

Restricted Discretionary >35%

Matters of Discretion 14.7.1 Site Density, site coverage, height and sunlight and outlook.

14.4.3.4 Minimum building setback from side and rear internal boundaries Residential Banks Peninsula Zone (a)

(b)

Side internal boundaries

One of 1.5m and one of 2m

Rear internal boundaries

2m

There shall be no minimum setback from internal boundaries for accessory buildings where the length of any wall within the setbacks specified in (a) is less than 6m.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.7.2 Street Scene Separation from Neighbours

14.4.3.5

Daylight Recession Planes - Residential Banks Peninsula Zone

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No part of any building shall project beyond a building envelope contained by a 45 degree recession plane measured at any point 2.0 metres above any adjoining site boundary, that is not a road boundary. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.7.1 Site Density, site coverage, height and sunlight and outlook

14.4.3.6

Building setbacks from road boundaries - Residential Banks Peninsula Zone

Minimum building setback from road boundaries shall be as follows:

Applicable to

Permitted

Restricted Discretionary

Matters of discretion

Residential Banks Peninsula Zone where a garage contains a vehicle entrance way which generally faces a road

Min 5m

< 5m

All other buildings in the Residential Banks Peninsula zone

Min 3m

< 3m

14.7.2 Street Scene, Separation from Neighbours 14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings 14.7.2 Street Scene, Separation from Neighbours 14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings

14.4.3.7 Minimum Home Star and Life Mark Rating Residential Units - Residential Banks Peninsula Zone Any new residential unit shall meet the following minimum Homestar and Lifemark standards

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Permitted

Restricted Discretionary

Matters for Discretion

Homestar rating of 6 or greater Home star rating of 5 or less

14.6.29 Lifemark and Homestar

Lifemark rating of 3 or greater Lifemark rating of 2 or less

14.6.29 Lifemark and Homestar

A copy of the Home Star Rating System and the Lifemark Rating System is in Appendix XX. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.4.3.8

Earthworks and Light Spill - Residential Banks Peninsula Zone Permitted

Restricted Discretionary

Matters of Discretion

Earthworks which extend outside the eves of buildings that do not exceed the following dimensions:

Earthworks that exceed the permitted standard

14.7.6 Earthwork s

20m3 (volume); and Shall not have a face height greater than 1.5m in the Banks Peninsula Residential Zone and 1.2m in the Residential Conservation Zone Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.4.3.9

Maximum impervious surface on a site connected to stormwater network

(a)

The maximum percentage of impervious surface on a sitewhere stormwater runoff is connected to stormwater reticulation or network shall be 60%

(b)

The maximum percentage of impervious surface on a sitewhere stormwater runoff is connected to a rain tank of at least 7000 litres net capacity and to stormwater reticulation or network shall be 75%. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.28 Maximum impervious surface on a site connected to stormwater network.

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Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.4.3.10 Rainwater Tanks for new residential units that use water from listed streams and bores All new residential units that draw their potable water from the following streams and their catchments: Akaroa: Alymers Stream Alymers Bore Balguerei Stream Graham Stream Settlers Hill Road Bore Birdlings Flat: Birdlings Flat Bore Duvauchelle: Pipers Stream Little River: Police Creek Pigeon Bay: Dick Stream Takamatua: Takamatua Stream Wainui: Wainui Bore Shall have installed a rain tank of at least 7000 litres net capacity and the water detained by this tank shall be available for non potable domestic purposes within the residential unit’s site. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.29: Rainwater tanks for new residential units that use water from listed streams and bores. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.4.4

Area Specific Standards Residential Banks Peninsula Zone 106

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14.4.4.1

Port Influences Overlay Area - Residential Banks Peninsula Zone

Within the Residential Banks Peninsula Zone Port Influences Overlay Area (Planning Maps ….). Note: The activities listed below are subject to the built form standards. Any permitted activity which does not comply with one or more of the built form standards shall be a restricted discretionary activity. An application for a restricted discretionary activity shall not be publicly or limited notified and need only be served on Lyttelton Port Company as the sole affected party. Permitted Activity

Small extensions to a residential unit

Permitted Activity Criteria (a) the combined gross floor area of the habitable room does not exceed 40m2 within a 10 year continuous period

Extension to an existing habitable room or the erection of a new habitable room associated with an existing residential unit

(b) New habitable rooms or extensions to existing habitable rooms shall have an internal sound design level of 40dBA Ldn (5 day) with ventilating windows or with windows and doors closed and mechanical ventilation installed and operating

Large extensions to a residential unit

N/A

Extension to an existing habitable room or the erection of a new habitable room associated with an existing

Restricted Discretionary Activity

Noncomplying activity Where a proposal does not comply with (b)

Where the habitable room complies with Permitted Activity Criteria (b) above; and

Where a proposal does not comply with (b); or

(c) The applicant enters into a nocomplaints

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where the applicant doe comply with (b but does not ente into a no complaints covenant in accordance with

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residential unit where:

covenant detailed in Rule 1 below.

The combined gross floor area of the habitable room exceeds Permitted Activity Criteria (a) above

Replacement of an existing Residential unit where: The combined gross floor area of the habitable rooms do not exceed the combined gross floor area of the habitable rooms contained in the previous residential unit by more than 40m2 within a 10 year continuous period

Replacement of an existing Residential

(c)

Matters of discretion: Reverse sensitivity effects on port activities located in Lyttelton Port Where a proposal does not comply with (b)

Where the habitable rooms comply with the acoustic insulation set out in (b) above.

Where the habitable room complies with

N/A

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Where a proposal does not comply

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unit where:

Permitted with (b); or Activity Criteria (b) where the above; and applicant does (c) The comply applicant with (b) enters into a but does nonot enter complaints into a nocovenant complaints detailed in covenant Rule 1 below. in accordance Matters of with (c) discretion: Reverse sensitivity effects on port activities located in Lyttelton Port

The combined gross floor area of the habitable rooms exceeds the combined gross floor area of the habitable rooms contained in the previous residential unit by more than 40m2 within a 10 year continuous period Establishment of a new noise sensitive activity

Is a noncomplying activity

Note: refer to rule 1.8 in Chapter 33: Noise on how to determine the appropriate internal design sound level Rule 1: No Complaints Covenant in favour of the Lyttelton Port Company Limited The applicant, as part of its resource consent application pursuant to Rule X, is willing to voluntarily offer to enter into a no-complaints covenant in favour of the Lyttelton Port Company Limited and shall include the matters set out below: i. The covenant(s) shall be registered against the title(s) of the land upon which the proposal is situated; and ii. The covenant(s) shall be registered in favour of the Lyttelton Port Company Limited; and iii. The covenant(s) shall be to the effect that no owner or occupier or successor of land shall object to, complain about, bring or contribute to any proceedings (whether in contract, tort (including negligence), equity, nuisance, public nuisance, under any statute or otherwise, and whether seeking damages or injunctive or other relief or orders), or otherwise opposing, any adverse environmental effects, including noise, dust, traffic, vibration, glare or odour, resulting from any lawfully established port activities undertaken by the Lyttelton Port Company Limited or its subcontractors and lessees.

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14.5 Rules - Residential Conservation Zones 14.5.1 14.5.1.1

How to use the rules - Residential Conservation Zone The rules that apply to activities in the Residential Conservation Zones are contained in: (a) (b)

14.5.1.2

The Activity Status Tables (incl. Activity Specific Standards) in Rule 14.5.2; and Built Form Standards in 14.5.3

The rules that apply to activities within the following specific areas of the Residential Conservation Zones are contained in the 14.5.4 Lyttleton Port Influences Overlay

14.5.1.3

The activity status tables and standards in the following Chapters (where relevant): 5 6 7 8 9 11 12

Natural Hazards;. General Rules and Procedures; Transport; Subdivision, Development and Earthworks; Heritage and Natural Environment; Utilities and Infrastructure; and Hazardous Substances and Contaminated Land

14.5.2 Activity Status Tables – Conservation Zone 14.5.2.1

Residential Conservation Zones - Residential

Permitted Activities - Residential Conservation Zone

In the Residential Banks Peninsula Zone the Activities listed below are Permitted Activities if they comply with any Activity Specific Standards set out in this table and the Built Form Standards in Rule 14.4.3 Activities may also be Restricted Discretionary, Discretionary, Non-complying or Prohibited as specified in Rules 14.4.2.1, 14.4.2.2, 14.4.2.3, 14.4.2.4, and 14.4.2.5.

ACTIVITY P1 Residential Activities that

ACTIVITY SPECIFIC STANDARDS Note: for residential activities within the Port Influences Overlay

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occur within a residential unit P2 Home Occupation

Area refer to area specific standards 14.4.4.

P3 Temporary Military or Emergency Service Training activities

NIL

P4 Education activity

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for Education activities shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to clients or visitors are limited to between the hours: i. 0900 – 1900 Monday to Friday, and ii. 0900 – 1300 Saturday; iii. Closed Sunday and public holidays; e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than four nonresidential activities in that block.

a. The maximum gross floor area of buildings plus the area used for outdoor storage for non-residential activities shall be 40m2; b. No more than one full-time equivalent person, who permanently resides elsewhere than on the site, maybe employed in undertaking any activity on the site; c. Retailing is limited to the sale of goods grown or produced on the site or internet-based sales where no customer visits occur; d. The site is open to business visitors or clients for a maximum of 50 hours per week. e. The hours of operation when the site is open to business visitors or clients are limited to between the hours: i. 0900 – 1900 Monday to Friday, and ii. 0900 – 1300 Saturday, Sunday and public holidays f. Where open to visitors or clients is not located above ground floor level in a multiple level apartment complex; g. No visitor or staff parking is to be provided between the building and the road boundary; h. No on-site parking is required in association with the home occupation; i. Signage is limited to no more than 1m2.

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Note: see diagram after Rule 14.2.2.1 P5 Storage of heavy vehicles No more than one such vehicle may be stored on the site P6 Dismantling, repair, or storage of vehicles and/or boats are owned by people who live on the a. the motor vehicles and boats. same site; and b. the dismantling or repair does not occur outside of a building. P7 Heli-landing areas.

a. The activity occurs on sites greater than 3000m2; b. The number of flights do not exceed 12 (24 movements) in any calendar year; c. The flights (movements) do not take place on more than five days in any one month period; d. The flights (movements) do not exceed three in any one week; e. Any movements shall only occur between 0800 and 1800 hours; f. No movements shall take place within 25m of any dwelling unless that dwelling is owned or occupied by the applicant; g. A log detailing the time and date of each helicopter movement shall be maintained and made available for inspection by the Christchurch City Council when requested.

P8 Day Care facility

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for day care activities shall be 200m2; c. Any outdoor play areas and facilities comply with the Group 1 acoustic standard for residential zones; d. Signage is limited to no more than 1m2; e. The hours of operation when the site is open to visitors, clients, or deliveries are limited to between the hours: i. 0700 – 1900 Monday to Friday, and ii. 0700 – 1300 Saturday, Sunday and public holidays f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; g. The residential block is not to be left with more than four nonresidential activities in that block. Note: see diagram after Rule 14.2.2.1

P9 Places of Assembly Residential Banks Peninsula and Residential Conservation Zone

a. Located on a site with frontage on, and has the primary access to, a minor arterial or collector road; b. maximum gross floor area of all buildings used for the facility on the site shall be 200m2; c. Signage is limited to no more than 1m2;

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d. The hours of operation when the site is open to visitors are limited to between the hours 0900 – 2000. e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than two nonresidential activities in that block. Note: see diagram after rule 14.2.2.1 P10 Temporary lifting or moving of earthquake damaged buildings. Non Compliance with Building Height Site Coverage Outdoor Living Space Daylight Recession Planes Minimum building setbacks from internal boundaries Maximum impervious surface rules as a result of lifting or moving a building for the purposes of earthquake repairs.

i. Where a building is to be temporarily moved (within or onto another site), the building is not moved to: •

within 1 metre of an internal boundary and/or



within 3 metres of any water way, scheduled tree, listed heritage item, natural resources and Council owned structure, archaeological site, or the coastal marine area

ii. Where a building is to be raised on a site, the building: •

is to be lifted to a height not exceeding 2.5 metres above the applicable recession plane or height control;



the building must be lowered back or moved back to its original position or a position compliant with the City Plan or consistent with a resource consent within eight weeks of the lifting or moving works having first commenced.

• iii.In all cases of a building being moved or lifted, the owners/occupiers of land adjoining the sites must be informed of the work at least seven days prior to the lift or move of the building occurring. The information provided must include details of a contact person, details of the lift or move, and the duration of the lift or move. iv.The Council’s Resource Consents Manager must be notified of lifting or moving the building at least 113

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7 days prior to the lift or move of the building occurring. The notification must include details of the lift or move, property address, contact details and intended start date.

14.5.2.2

Controlled Activities - Residential Conservation Zone

There are no controlled activities

14.5.2.3

Restricted Discretionary Activities - Residential Conservation Zone

The activities listed below are Restricted Discretionary Activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in 14.6 and 14.7 for each standard, as set out in the following table. ACTIVITY

The Council’s Discretion shall be limited to the following Matters:

RD1 Residential units (including any sleep outs) containing more than 6 bedrooms in total

a. 14.6.6 Urban Design b. 14.6.15 Scale of activity c. 14.6.16 Traffic Generation Access and Safety d. 14.6.28 Liquefaction susceptibility of site and development.

RD2 The erection of new buildings (excluding Port Influences Overlay Area)

a. 14.7.8 Residential conservation zone building demolition, alterations, additions and new buildings.

RD3 External additions and alterations to existing buildings.

a. 14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings

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RD4 Demolition of existing buildings.

a. 14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings

RD5 Sensitive activities and building within the Electricity Transmission Line Corridor (a) Within 12m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (i) any new sensitive activity or additional habitable space; (ii) any building between 12m and 32m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (ii) any sensitive activity

a. 14.6.27 Electricity Transmission Line Corridor

(b) Any application within the corridor need not be publicly notified and need not be served on any affected party other than the network utility owner. (c) The Electricity Transmission Line network utility owner or operator shall be considered an affected party for any activity requiring consent. Notes: 1. The transmission line corridor is shown on the planning maps ….. 2. The centre of the transmission line is to be found by measuring a straight line from the centre of two adjoining support structures. 3. The requirements of the New Zealand Electrical Code of Practice should be noted in relation to land use activities and vegetation under or near transmission lines. RD6 Elderly Persons Retirement Villages

a. 14.6.6 Urban Design b. 14.6.15 Scale of activity

RD 7 Temporary lifting or moving of earthquake damaged buildings that does not meet the standards in P19 115

Note: geriatric hospice and hospital care are subject to the Health Care Facilities standards. a. 14.6.30 Temporary lifting or moving of earthquake

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damaged buildings Any application arising from this rule will not require written approvals and shall not be publicly or limited notified.

14.5.2.4

Discretionary Activities- Residential Conservation Zone

The activities listed below are a Discretionary Activities. ACTIVITY D1 Home occupation where it does not meet one or more of the permitted activity standards. D2 D3

D4

D5

14.5.2.5

Relocation of a building Place of Assembly Residential Banks Peninsula and Residential Conservation zones where: (a) the minimum site area is not less than 30m2 per person; (b) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; (c) The hours of operation are between 0700 – 2200 hours Monday to Sunday and public holidays; and (d) There is no use of heavy vehicles associated with the activity. Visitor Facilities provided where : (a) the minimum site area is not less than 30m2 per person; and (b) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; and (c) There is no use of heavy vehicles associated with the activity. Retail activities where (a) All outdoor areas associated with the activity are screened with a 1.8 metre high fence or solid planting which ensures privacy for adjoining sites; (b) The hours of operation are between 0700 – 2200 hours Monday to Sunday and public holidays; (c) The maximum floor area used for retail activities on any site does not exceed 50m2; (d) Does not include trade or yard-based suppliers or service stations; and (e) There is no use of heavy vehicles associated with the activity.

Non Complying Activities- Residential Conservation Zone The activities listed below are a Non Complying Activity. NC1 any activity not provided as a permitted, controlled, restricted discretionary, discretionary or prohibited activity

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14.5.3

Built Form Standards - Residential Conservation Zone

14.5.3.1

Site Density- Residential Conservation Zone

Each residential unit shall be contained within its own separate site with a minimum net area as follows: Activity Permitted Residential 250m2 or more Conservation Zone Lyttelton Residential 400m2 or more Conservation Zone Akaroa

Non-complying 4.5m for accessory buildings and sunlight and outlook.

4.5m or less, for accessory buildings

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14.5.3.4

Site Coverage - Residential Conservation Zone

The maximum percentage of the net area of any site covered by buildings excluding: (a) fences, walls and retaining walls; (b) eaves and roof overhangs up to 600mm in width from the wall of a building; (c) uncovered swimming pools up to 800mm in height above ground level; and (d) decks, terraces, balconies, porches, verandahs, bay or box windows (supported or cantilevered) which: i. are no more than 800mm above ground level and are uncovered or unroofed; or ii. where greater than 800mm above ground level and/or covered or roofed, are in total no more than 6m 2 in area for any one site.

shall be as follows:

Area

14.5.3.5

Restricted Discretionary Residential Conservation Zone 60% or less - Lyttelton

Matters of Discretion

Discretionary

14.7.1 Site Density, site coverage, height and sunlight and outlook.

>60%

Residential Zone - Akaroa

14.7.1 Site Density, site coverage, height and sunlight and outlook.

>35%

Conservation

35% or less

Daylight Recession Planes- Residential Conservation Zone

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No part of any building shall project beyond a building envelope contained by a 45 degree recession plane measured at any point 2.0 metres above any adjoining site boundary, that is not a road boundary. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of Discretion: 14.7.1 Site Density, site coverage, height and sunlight and outlook

14.5.3.6 Zone

Minimum setback from side internal boundaries- Residential Conservation

(a)

The minimum setback from side internal boundaries shall be 1.5m – one internal side boundary setback may be reduced to NIL where the written approval has been obtained from the owner and occupier of the site adjoining the relevant boundary.

(b)

There shall be no minimum setback from internal boundaries for accessory buildings where the length of any wall within the setbacks specified in (a) is less than 6m.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.7.2 Street Scene, Separation from Neighbours

14.5.3.7

Building setbacks from road boundaries- Residential Conservation Zone

In front yard on front sites no part of any wall of a building facing the road boundary shall be more than 3 metres either side of the line of sight connecting that part of each of the nearest buildings either side of the subject property closest to the road frontage In front yard, on corner sites no part of any wall of a building shall be more than 3 metres either side of a line from that part of each of the nearest buildings along both road frontages drawn parallel to the road boundaries and projected in a straight line to the point of intersection

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion:

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14.7.2 Street Scene, Separation from Neighbours 14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings

14.5.3.8 Minimum Home Star and Life Mark Rating Residential Units- Residential Conservation Zone

Any new residential unit shall meet the following minimum Life mark and Home star standards Permitted Homestar rating of 6 or greater Lifemark rating of 3 or greater

Restricted Discretionary Home star rating of 5 or less Lifemark rating of 2 or less

Matters for Discretion 14.6.27 Lifemark and Homestar 14.6.27 Lifemark and Homestar

A copy of the Home Star Rating System and the Lifemark Rating System is in Appendix XX. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.5.3.9

Earthworks and Light Spill

Residential Banks Peninsula Zone and Residential Conservation Zone

Residential Banks Peninsula and Residential Conservation Zones

Permitted

Restricted Discretionary

Matters of Discretion

Earthworks which extend outside the eves of buildings that do not exceed the following dimensions:

Earthworks that exceed the permitted standard

14.7.6 Earthworks

Light spill that exceeds the permitted standard

14.7.5 Artificial Light

20m3 (volume); and Shall not have a face height greater than 1.5m in the Banks Peninsula Residential Zone and 1.2m in the Residential Conservation Zone Light spill from artificial sources of light that does not exceed 10 lux spill (horizontal or vertical)

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at or within adjoining site

any

Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.5.3.10

Maximum impervious surface on a site connected to stormwater network

(a)

The maximum percentage of impervious surface on a site where stormwater runoff is connected to stormwater reticulation or network shall be 60%.

(b)

The maximum percentage of impervious surface on a site where stormwater runoff is connected to a rain tank of at least 7000 litres net capacity and to stormwater reticulation or network shall be 75%. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.28 Maximum impervious surface on a site connected to stormwater network. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.5.3.11 Rainwater Tanks for new residential units that use water from listed streams and bores All new residential units that draw their potable water ultimately from the following streams and bores and their catchments: Akaroa: Alymers Stream Alymers Bore Balguerei Stream Graham Stream Settlers Hill Road Bore Birdlings Flat: Birdlings Flat Bore Duvauchelle: Pipers Stream Little River: Police Creek Pigeon Bay: 121

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Dick Stream Takamatua: Takamatua Stream Wainui: Wainui Bore

Shall have installed a rain tank of at least 7000 litres net capacity and the water detained by this tank shall be available for non potable domestic purposes within the residential unit’s site. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.6.29: Rainwater tanks for new residential units that use water from listed streams and bores. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.5.4

14.5.4.1

Area Specific Standards Residential Conservation Zone

Port Influences Overlay Area- Residential Conservation Zone

Within the Residential Conservation Zone Port Influences Overlay Area (Planning Maps ….). Note: The activities listed below are subject to the built form standards. Any permitted activity which does not comply with one or more of the built form standards shall be a discretionary activity. An application for a restricted discretionary activity shall not be publicly or limited notified and need only be served on Lyttelton Port Company as the sole affected party. Restricted Discretionary Activity Small extensions to a residential unit (a) New habitable rooms or extensions to existing habitable rooms shall have an internal sound design Extension to an level of 40dBA Ldn (5 day) with ventilating windows existing habitable or with windows and doors closed and mechanical room or the ventilation installed and operating erection of a new habitable room associated with an existing residential 122

Non-complying activity Where a proposal does not comply with (a)

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unit where the combined gross floor area of the habitable room does not exceed 40m2 within a 10 year continuous period

Large extensions to a residential unit Where the habitable room complies with the acoustic insulation set out in (a) above; and Extension to an existing habitable (b) The applicant enters into a no-complaints covenant room or the detailed in Rule 1 below. erection of a new habitable room Matters of discretion: associated with an Reverse sensitivity effects on port activities located in existing residential Lyttelton Port unit where the combined gross floor area of the habitable room exceeds 40m2 within a 10 year continuous period

Replacement of an existing Residential unit where:

Where a proposal does not comply with (a); or where the applicant does comply with (a) but does not enter into a nocomplaints covenant in accordance with (b)

Where the habitable rooms comply with the acoustic Where a insulation set out in (a) above. proposal does not comply with (a)

The combined gross floor area of the habitable rooms do not exceed the combined gross floor area of the habitable rooms contained in the previous residential unit by more than 40m2 within a 10 year

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continuous period

Replacement of an existing Residential unit where: The combined gross floor area of the habitable rooms exceeds the combined gross floor area of the habitable rooms contained in the previous residential unit by more than 40m2 within a 10 year continuous period

Where a Where the habitable room complies with the acoustic proposal does insulation set out in (a) above; and not comply with (a); or (b) The applicant enters into a no-complaints covenant detailed in Rule 1 below. where the applicant does Matters of discretion: comply with (a) Reverse sensitivity effects on port activities located in but does not Lyttelton Port enter into a nocomplaints covenant in accordance with (b)

Establishment of a new noise sensitive activity

Is a noncomplying activity

Note: refer to rule 1.8 in Chapter 32: Noise on how to determine the appropriate internal design sound level Rule 1: No Complaints Covenant in favour of the Lyttelton Port Company Limited The applicant, as part of its resource consent application pursuant to Rule X, is willing to voluntarily offer to enter into a no-complaints covenant in favour of the Lyttelton Port Company Limited and shall include the matters set out below: i. The covenant(s) shall be registered against the title(s) of the land upon which the proposal is situated; and ii. The covenant(s) shall be registered in favour of the Lyttelton Port Company Limited; and iii. The covenant(s) shall be to the effect that no owner or occupier or successor of land shall object to, complain about, bring or contribute to any proceedings (whether in contract, tort (including negligence), equity, nuisance, public nuisance, under any statute or otherwise, and whether seeking damages or injunctive or other relief or orders), or otherwise opposing, any adverse environmental effects, including noise, dust, traffic, vibration, glare or odour, resulting from any lawfully established port activities undertaken by the Lyttelton Port Company Limited or its subcontractors and lessees.

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14.6 Residential Suburban Zone and Residential Medium Density Zone Matters of Control and Discretion 14.6.1 Site density and site coverage Whether the scale of development on the site is appropriate to its context, taking into account: (a)

(b) (c) (d)

The balance of open space and buildings within the Medium Density Residential Zone, or the maintenance of a lower density, open, landscaped residential character within the Suburban Residential Zone; Any visual dominance of the street resulting from a proposed building’s incompatible scale; Any loss of privacy, access to sunlight and daylight or opportunities for views in the Residential Banks Peninsula and Residential Conservation Zones; Any reduction in site density that is accompanied by the proposed building complying with other built form standards so that the outcome is a small building that is in proportion with a small site.

14.6.2 Building height and daylight recession planes: (a)

Whether the increased height or recession plane intrusion would result in buildings that remain compatible with the scale of other buildings anticipated in the zone, or that do not compromise the amenity of adjacent properties, taking into account: (b) The visual dominance of proposed buildings on the outlook from adjacent sites, roads and public open space in the surrounding area, which is out of character with the local environment; (c) Overshadowing of adjoining sites resulting in reduced sunlight and daylight admission to internal and external living spaces beyond that anticipated by the recession plane, and where applicable the horizontal containment requirements for the zone; (d) Any potential loss of sunlight admission to internal living spaces in winter with regard to energy utilisation. (e) Any loss of privacy through being over-looked from neighbouring buildings; (f) whether development on the adjoining site, such as large building setbacks, location of outdoor living spaces, or separation by land used for vehicle access, reduces the need for protection of adjoining sites from overshadowing; (g) The ability to mitigate any adverse effects of increased height or recession plane breaches through increased separation distances between the building and adjoining sites, the provision of screening or any other methods; (h) Within a Flood Management Area, whether the recession plane infringement is the minimum necessary in order to achieve the required minimum floor areas. 14.6.3 Street scene – Road boundary building setback, front doors, fencing and planting

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Whether the development will engage with and contribute to the street, access lane or adjacent open space to make them lively, safe and attractive public places, taking into account: In relation to the Road Boundary Setback, (a)

(b) (c) (d) (e) (f)

(g)

(h)

whether an intrusion into the street scene is necessary in order to allow more efficient, practical and/or pleasant use of the remainder of the site or the long-term protection of significant trees, listed heritage buildings, or natural features on the site; The visibility of the building’s internal habitable spaces and their ability to provide passive surveillance to the street; The ability to provide opportunities for garden and tree planting in the vicinity of road boundaries. The openness of the site to the street; The adverse effects of the building intrusion into the street scene or reduction of screening on the outlook and privacy of people on adjoining sites; The compatibility of the building, parking or outdoor storage area with the appearance, layout and scale of other buildings and sites in the surrounding area, and in particular whether the proposed building is consistent with the road boundary setback of existing buildings in the vicinity; The size, form, proportions, roof line, style, external materials and colour of the proposed building, and whether they are similar to or in keeping with those of existing buildings on the site; The relevance of other factors in the surrounding environment in reducing the adverse effects, such as existing wide road widths, street plantings and the orientation of existing buildings on adjoining sites.

In relation to Garages and Driveways (i) (j) (k) (l) (m)

Whether alternative practical locations are available on the site for the location of the garage, without intruding into the street scene; The ability to provide adequate parking and manoeuvring space for vehicles clear of the road in respect of traffic and pedestrian safety; The dominance of the garage when viewed from the street; In relation to road boundary Planting and Fencing; Whether a shortfall at the road boundary increases opportunities for tree and garden planting in the remainder of the site; The ability to screen parking and outdoor storage areas from adjoining roads by alternative

(n) means. (o) Whether a reduction in visual transparency may be more visually appropriate or suited to the character of the site or area; (p) A reduction in visual transparency or use of non-transparent materials may be appropriate to provide levels of privacy, security, or acoustic insulation where the residential unit has its primary outdoor living area between the unit and the road and/or the road carries high volumes of traffic; (q) Whether the fencing is varied in terms of incorporating steps, changes in height, variety in materials, incorporates landscaping and avoids presenting a blank, solid facade to the street;

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(r)

Any reduction in public surveillance over open space areas that may lead to or promote unsafe or insecure environments;

14.6.4 Minimum building, window and balcony setbacks from internal boundaries Whether the site layout and use of spaces maintains adequate levels of privacy and outlook, taking into account: In relation to the amenity of occupants (a) (b) (c) (d)

The need to enable an efficient, practical and/or pleasant use of the remainder of the site; Requirements for the long term protection of significant trees or natural features on the site; The need to provide opportunities for garden and tree plantings around buildings; Unique or exceptional site specific circumstances that would result in a situation where compliance with the standards would have an unduly restrictive impact on the ability to develop the site; The need to provide future occupants with adequate levels of privacy from neighbouring

(e) sites; (f) The need to provide future occupants with adequate levels of daylight and outlook from internal living spaces; (g) In relation to the amenity of neighbours and users of adjacent public spaces; (h) Where a building on an adjacent site already has windows of habitable spaces located in close proximity to the boundary, whether other factors may mitigate the effects on privacy of the reduced setback such as offsetting windows or planting to minimise overlooking; (i) Whether windows or balconies that breach the standards adjoin less sensitive areas on adjacent sites such as driveways, parking, or service areas; (j) Whether windows or balconies that breach the standards have an adequate separation distance from any existing direct facing windows or balconies (on adjoining sites or within the site), to ensure appropriate levels of privacy are maintained; (k) Any adverse effects of the proximity or bulk of the building in terms of loss of access to daylight on adjoining sites; (l) Any adverse effects of the proximity or bulk of the building, in terms of visual dominance by buildings of the outlook from adjoining sites and buildings, which is out of character with the local environment. 14.6.5 Outdoor living space Whether the level, location or configuration of outdoor living space will adversely affect the ability of the site to provide for the needs of occupants, taking into account In relation to the amount of Outdoor Living Space: (a) (b)

Whether there is any alternative provision of publicly available space on, or in close proximity to, the site to meet the needs of occupants now and in the future; Whether the reduction in outdoor living space is proportional to the size of the residential unit and the demands of the likely number of occupants now and in the future;

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(c)

Whether the reduction in outdoor living space or the lack of its access to sunlight is compensated for by alternative space within buildings with access to ample sunlight and fresh air.

In relation to the location and configuration of Outdoor Living Space (d) (e)

(f) (g)

(h)

Whether the allocation between private and communal outdoor living spaces within the site is adequate to meet the current and future needs of occupants of the site; Whether any communal outdoor living space on a large site is in a location that is easily accessible to all occupants of the site and is designed so that it is obviously for communal rather than private use; Where the communal outdoor/indoor spaces are not continuous on a large site, the ability of the spaces to meet the needs of occupants and provide a high level of residential amenity; In the Residential Suburban Zone where the outdoor living space is split into more than one space, whether the provision of several smaller spaces provides for a range of recreational functions and whether all such spaces are readily accessible from habitable spaces; The reduction in outdoor living space will result in additional loss of mature on-site vegetation and/or spaciousness of the area.

14.6.6 Urban design New developments shall be assessed against the five main Urban Design, Appearance and Amenity matters set out in the table below with the assessor needing to be satisfied that the proposal makes positive a contribution under each. The Key Criteria represent components which the Council will need to balance up in coming to a conclusion about the particular Assessment Matter. The importance of particular aspects will vary from site to site. For example, a site adjacent to a heritage building will have greater importance for a site under 1b) than one without, in the same way that 5b) would be a central consideration if a site lay along a high volume pedestrian or cycle route.

SCALE

ASSESSMENT MATTERS “Whether the assessor is satisfied that the development… “

KEY CRITERIA FOR DEMONSTRATION OF ASSESSMENT MATTER “The

128

development

design…



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SCALE

ASSESSMENT MATTERS

CITY CONTEXT AND CHARACTER –

“Whether the assessor is satisfied that the development… “

1. reinforces or complements the scale and character anticipated for the surrounding area and other built, natural, heritage and cultural features.

KEY CRITERIA FOR DEMONSTRATION OF ASSESSMENT MATTER “The

development

design…



a. is in keeping or complementary to the context, including subdivision patterns, scale and form of buildings, building materials and design styles, landscape qualities, and environmental conditions. b. does not visually dominate any protected physical, natural, heritage (including mature trees) or cultural features ( including cultural markers and local stories), which contribute to the identity or sense of place. c. retains or adapts character features, including reuse or renovation of existing buildings and landscape features on the site, including sightlines, site contours and trees. d. provides for large scale tree planting that contributes to neighbourhood amenity.

RELATIONSHIP TO STREET AND PUBLIC OPEN SPACES

a. is well articulated including variation in building form and materials and the avoidance of blank, monotonous and over-repetitious facades, or facades that are dominated by garaging.

2. engages with and contributes to the street, and any access lanes or adjacent open space to make them lively, safe and attractive public, or publically accessible, places.

b. incorporates Crime Prevention Through Environmental Design (CPTED) principles, illustrated by: • orientation of buildings toward the street. • the placement of active living areas, such as the kitchen and living room, to face the street and public or shared open spaces, particularly at ground level. • transparent boundary treatments in key locations to enable passive surveillance of the street or open space. • generous areas of glazing across the building frontages., particularly at ground level. • identifiable pedestrian entrances directly accessible from the street (or access way). • pedestrian entrances that are highlighted through the use of projecting canopies, differentiated ground treatment, planting or other entry markers. c. clearly demarcates public and private space. d. orients corner buildings towards all adjacent streets and public open spaces, with the corner itself being emphasised as a visual landmark.

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SCALE

ASSESSMENT MATTERS “Whether the assessor is satisfied that the development… “

3. is designed to minimise the visual bulk of the buildings and provide a human scale.

KEY CRITERIA FOR DEMONSTRATION OF ASSESSMENT MATTER “The

development

design…



a. separates blocks of buildings within the site. b. is domestic in nature. c. limits the • length of continuous roof ridgelines • long blank or bulky elevations (including those dominated by garage doors) • over-repetition of building forms d. utilises projections and/or recesses, such as balconies and deep window and door sills, to break up elevations. e. uses modulation, glazing and architectural detailing, including variations in material and colour for human scale. a. balances outlook, sunlight and weather protection with privacy in the site layout, orientation and internal layouts. b. orientates and screens windows and balconies on upper levels to limit direct overlooking of adjacent dwellings and their outdoor living space.

BUILT FORM AND AMENITY OF THE SITE

c. provides outdoor spaces that are functional extensions of the internal living spaces. 4. provides a high level of internal and external amenity for occupants, neighbours and public.

d. includes tree and garden planting particularly in regard to street frontage, building entrances, boundaries, accessways, and car parking and stormwater management areas. e. has communal spaces, where provided, that are • consolidated to create accessible, usable and attractive areas • located or designed to restrict noise levels, light spill and loss of privacy on other residents and neighbours. f. provides environmental efficiency measures, including passive solar design principles for natural lighting, heating and ventilation, reduced energy consumption, climate appropriate/low-input planting and efficient water use and management.

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SCALE

ASSESSMENT MATTERS “Whether the assessor is satisfied that the development… “

KEY CRITERIA FOR DEMONSTRATION OF ASSESSMENT MATTER “The

development

design…



a. provides connections to the street network with vehicle, cycle and pedestrian routes that maintain or enhance physical and visual links to the neighbourhood

ACCESS, PARKING AND SERVICE

5. provides for good access and integration of space for parking and servicing.

b. integrates vehicle access, car parking and garaging in a way that is safe for pedestrians and cyclists as well as vehicles, and does not dominate the development, particularly when viewed from the street and open spaces. c. provides for storage and service space, including for washing lines, rubbish and recycling bins, in a manner which: • is readily accessible, conveniently located, safe and/or secure to use by building occupants. • is located and designed to minimise adverse effects on occupants, neighbours and public spaces. • is suitable to accommodate a typical range of maintenance and recreational equipment such as bicycles.

14.6.7 Minor Residential Units In addition to the matters set out in 14.6.6 above, whether: (a)

The minor residential unit is visually hidden from the road so that the site has a similar street scene to that of a single residential unit;

(b)

The development of the site will result in a second driveway and/or parking areas and garaging that are located between the residential unit and the road boundary and that results in a street scene that is dominated by parking and access;

(c)

The size and visual appearance of the minor residential unit is out of keeping with the existing level of buildings in rear gardens or rear sections surrounding the site;

(d)

The size and the number of bedrooms provided across the site will result in a level of occupancy that is consistent with the scale of activity that could be generated from a single large residential unit;

(e)

The provision of outdoor living space for each unit is conveniently located adjacent to the respective units and is of a sufficient size and dimension to provide for the amenity needs of future occupants; 131

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(f)

The internal separation and orientation between residential units on the same site will result in adequate levels of on-site amenity and privacy for future occupants.

14.6.8 Building Overhangs Whether an increased overhang would: (a)

Generate any positive visual interest in the street scene;

(b)

Not compromise the level of passive surveillance within, into or across the site;

(c)

Be used to help to clearly define and shelter a pedestrian entrance or front door;

(d)

Not compromise the ability to provide associated landscaping;

(e)

Not create a long, dark covered driveway area;

(f)

Not result in a poor visual appearance of a ‘top heavy’ building that has large unsupported cantilevered elements.

14.6.9 Minimum unit size In considering undersized residential units, in relation to unit size, whether: (a)

The floorspace available and the internal layout represents a viable residential unit that would support the amenity of current and future occupants;

(b) Other on-site factors that would compensate for a reduction in unit sizes e.g. communal facilities; (c)

The balance of unit mix and unit sizes within the overall development is such that a minor reduction in the area of a small percentage of the overall units may be warranted;

(d)

The units are for social housing and have been designed to meet any specific needs of future social housing tenants.

In relation to unit mix, whether the under or over supply of particular unit sizes: (a)

Is marginal, arising from the way in which the standard is calculated;

(b)

Is warranted given the lack of diversity in unit sizes available in the surrounding area;

(d)

Is necessary to meet the specific needs of future social housing tenants.

(e)

Arises from unique or exceptional site specific circumstances that would result in a situation where compliance with the standards would have an unduly restrictive impact on the ability to develop the site.

14.6.10 Ground floor habitable space In considering a shortfall in ground floor habitable space, whether:

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(a)

Any reduction in habitable space at ground floor level does not compromise the surveillance of outdoor living spaces, service areas or other uses of the building’s ground floor area;

(b)

The proposal is not visually dominated by garaging and parking areas at ground floor level;

(c)

The proposal would provide an alternative site arrangement that satisfactorily provides for residential amenity whilst ensuring ground floor level passive surveillance of adjoining roads and spaces.

14.6.11 Service, waste management, and storage space

Whether there is sufficient useful and functional service, waste management, and storage space, taking into account: In relation to the amount of space, (a)

The adequacy of the amount of space to store rubbish and recycling, whether communal, outdoor or indoor.

(b)

The adequacy of the volume of space provided for personal storage.

In relation to the configuration of space (a)

The convenience of the location of rubbish and recycling space for residents

(b)

Whether the lack of screening of any outdoor service space will impact on the visual amenity within the site and of any adjoining site, activity, or the street scene.

(c)

The size and flexibility of the residential unit layout to provide other indoor storage options where an indoor storage space is not provided for each unit

(d)

The adequacy, accessibility and convenience of alternative storage areas provided on the site where indoor storage space is not provided for each residential unit.

14.6.12 Tree and garden planting Whether there is sufficient tree and garden planting to provide a balance between buildings and hard surfacing, taking into account: (a) The effect of any reduced tree planting in terms of the scale and visual appearance or dominance of the buildings on the site. (b) Whether the site is visible from adjoining sites and the likely effect of any reduction in tree planting standards for the amenity of neighbouring sites. (c) Any compensating factors for reduced tree planting, including the nature of planting proposed, or the location of activities (including heritage items) on the site. (d) The visual appearance of the site in terms of the length of road frontage or any unusual characteristics of the site. (e) The impact of the reduced tree planting on the Garden City image and the quality of the amenity of the site and neighbourhood

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(f)

Whether large existing trees have been retained on the site so that overall the site provides a visual balance between buildings and landscaping, despite a reduction in the actual number of trees.

14.6.13 Acoustic insulation (a)

(b) (c)

Whether a reduced level of acoustic insulation may be acceptable due to mitigation of adverse noise impacts through other means, e.g. screening by other structures, or distance from noise sources; The ability to meet the appropriate levels of acoustic insulation through alternative technologies or materials; The provision of a report from an acoustic specialist which provides evidence that the level of acoustic insulation is appropriate to ensure the amenity of present and future residents of the site.

14.6.14 Scale of activity In considering the scale of activities and their impact on residential character and amenity, whether: (a)

(b) (c) (d) (e)

(f)

(g)

The scale of the activity and the proposed use of the buildings will be compatible with the scale of other buildings and activities in the surrounding area and will not result in visual dominance as a result of the area of buildings used, which is out of character with the respective living environments or the special amenity areas within them; In the Suburban Residential Zones, whether the character of the site will remain dominated by tree and garden plantings rather than by buildings and areas of hard surfacing; The activities on the site remain dominated by residential activity, rather than by activities which are not associated with or incidental to residential activity on the site; The activity provides a local function by meeting the needs of residents principally within the surrounding living environment; The additional staff, visitor, and resident trips will result in levels of traffic generation or pedestrian activity which are incompatible with the character of the surrounding living environment; The additional employment is an integral and necessary part of other activities being undertaken on the site and assists in providing alternative home-based employment and income-generating opportunities for residents or occupiers of the site; The ability to mitigate any adverse effects of the increased scale of activity.

14.6.15 Traffic generation and access safety In considering the traffic generated by activities requiring resource consent the impact on residential character and amenity, and the safe and efficient functioning of the access and road network, taking into account: In the case of effects on residential character and amenity, whether:

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(a)

(b) (c) (d) (e)

Any adverse effects in terms of noise and vibration from vehicles entering and leaving the site or adjoining road, will be incompatible with the noise levels acceptable in the respective living environments; Any adverse effects in terms of glare from headlights of vehicles entering and leaving the site or adjoining road will be intrusive for residents or occupants of adjoining residential sites; Any reduction in the availability of on-street parking will be to such an extent as to cause a nuisance for residents, occupants or visitors to adjoining residential sites; Any adverse effects in terms of fumes from vehicles entering or leaving the site, will be unpleasant or objectionable to residents or occupiers of adjoining residential sites; The ability to mitigate any adverse effects of the additional traffic generation such as through the location and design of vehicle crossings, parking and loading areas or through the provision of screening and other factors will reduce the effect of the additional traffic generation, such as infrequency of the activity, or limited total time over which the traffic movements occur;

In the case of the safe and efficient functioning of the road network, whether: (f) (g) (h) (i) (j)

There will be any cumulative effect of traffic generation from the activity in conjunction with traffic generation from other activities in the vicinity; The proposed traffic generation will be compatible with or not result in adverse effects upon activities in the surrounding living environment; Levels of traffic congestion or reduction in levels of traffic safety will be inconsistent with the classification of the adjoining road; Whether or not the rate of vehicle movements varies substantially throughout the week and whether peak times coincide with peak traffic movements on the wider network; The location of the proposed access points in terms of road and intersection efficiency and safety, and the adequacy of existing or alternative access points.

14.6.16 Non-residential Hours of operation (a) (b) (c)

(d) (e)

The extent to which the hours of operation will result in traffic or pedestrian movements which are incompatible with the character of the surrounding residential area; As for traffic generation Rule 9.2.20 (a)-(c) inclusive; Any adverse effects of pedestrian activity as a result of the extended hours of operation, in terms of noise, disturbance and loss of privacy, which is inconsistent with the respective living environments; Any adverse effects of the extended hours of operation on the surrounding residential area, in terms of loss of security as a result of people other than residents frequenting the area; The ability to mitigate any adverse effects of the extended hours of operation; and other factors which may reduce the effect of the extended hours of operation, such as infrequency of the activity or limited total hours of operation.

14.6.17 Relocation of buildings (a) (b) (c)

The likely appearance of the building upon restoration or alteration; The compatibility of the building with buildings on adjoining properties and in the vicinity; The exterior materials used, and their condition and quality;

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(d) (e)

The period required for restoration work to be undertaken; Any requirements to impose a bond or other condition to ensure completion of restoration work to an acceptable standard.

14.6.18 Stormwater ponding areas within 3km of Christchurch International Airport (a) (b)

Whether the proposed ponding area will be attractive to birdlife that might pose a bird strike risk to the operation of Christchurch International Airport Limited; Whether a management plan has been developed that demonstrates there will be ongoing operation and maintenance of the stormwater system to minimise bird strike risk for the life of the stormwater system, and whether that plan has been developed in consultation with Christchurch International Airport Limited.

14.6.19 Development plans (a) Co-ordination of development, particularly roading access and cycle linkages, with adjoining land; (b) The adequacy of, and location of, open space areas within the development; (c) Any adverse impacts on the visual appearance of development in the zone as seen from outside the zone, particularly where the land is highly visible; (d) The degree to which the pattern of development, if changed, is likely to weaken the ruralurban boundary; (e) Any potential adverse effects on the surrounding road network; the extent of residential development in proximity to the airport and its approach paths or the outlook of residents in adjoining areas; (f) Any adverse effects in terms of the enhancement of waterways within the development; (g) The extent to which the provision of services can be provided efficiently and economically; (h) Amenity of future occupants; (i) Potential for reverse sensitivity complaints relating to aircraft noise to arise. 14.6.20 Development Plan - Residential Medium Density Zone bounded by Madras Street, Canon Street, Packe Street and Purchas Street For activities not in accordance with the development plan contained in Part 2 Appendix 11: (a) (b) (c) (d) (e) (f) (g)

The extent to which comprehensive, mixed use development would continue to be achieved; The nature and degree of any adverse effects caused by proposals not in accordance with the development plan; The ability of the proposal to integrate with the surrounding context; The relationship of proposals to any other existing development within the block; When considering the concept plan required as part of the first development within the development plan area; The extent to which the lack of a concept plan, or the lack of detail provided, undermines the ability for the site to be development comprehensively and in an integrated manner; The extent to which the nature and extent of future development can be integrated with existing development within the block.

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14.6.21 Use of site and buildings – Residential Suburban Zone Prestons Road Retirement Village Overlay (a) (b) (c) (d) (e)

The scale, nature and intensity of the activity proposed The provision and likely adequacy of proposed means to minimise adverse effects. The extent to which the proposed activity would enhance services of value to the elderly persons housing complex, or assist in retaining the viability of the complex. The likely effect of any additional activities on traffic generation, and the safety and efficiency of traffic movement within the elderly persons housing complex and the wider road network The effect of additional activities on residential amenities in the vicinity, particularly noise, traffic safety, parking congestion and visual amenity.

14.6.22 Concept Plan - Residential Suburban Zone Prestons Road Retirement Village Overlay (a) (b)

(c) (d) (e) (f)

(g)

(h)

The extent to which road, and pedestrian access is provided in a coordinated manner and integrated with adjoining networks The extent to which the design and layout, in providing for 165 independent units and a multi-storey health facility including 45 serviced apartments, makes provision for landscaping, outdoor living space, passive recreational facilities, and stormwater management systems. The extent to which the design and layout provides for pedestrian circulation, and the connectivity of pedestrian access to Snellings Drain reserve. The extent to which the design and layout achieves efficient car parking and garaging layout and vehicle manoeuvrability. The extent to which the design, layout and landscaping will incorporate and enhance existing landscape and water features. The extent to which the external appearance of the health facility respects the character and amenity values of the area, including building colours and materials, roof pitch and the effect and form of façade modulation, while recognising the use and functional nature of the health facility. The location and extent to which proposed planting, plant size at the time of planting and intended species will provide for amenity and screening purposes and contribute to improved ecological and habitat values and the interface with surrounding areas. The extent to which stormwater management systems proposed will be effective, environmentally sensitive, and integrated with the Council’s drainage network.

14.6.23 Vehicular Access - Residential Suburban Zone Prestons Road Retirement Village Overlay (a) (b) (c) (d)

The actual or potential level of vehicle and pedestrian traffic likely to be generated from the proposed access. The extent to which traffic using the access will adversely affect the traffic function and/or safety of Prestons Road The extent to which the physical form of Prestons Road may mitigate the adverse effects of additional vehicle movements at the access. Whether sight distances at the access is adequate to provide safe access/egress with reference to the Austroads Guide

14.6.24 Special Setback Provisions - Residential Suburban Zone Wigram

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(a) (b) (c)

(d)

(e)

The extent to which the location of the outdoor living area will adversely affect the ability of the site to provide for the outdoor living needs of the likely future residents of the site. Any alternative provision on, or in close proximity to, the site for outdoor living space to meet the needs of likely future residents of the site. The extent to which the location of the outdoor living space, windows and the provision of fencing and/or landscaping will satisfactorily mitigate the potential for reverse sensitivity effects from current RNZAF functions and operations. The extent to which fencing materials, fencing design and the type and location of landscape planting will assist in mitigating the potential for effects from current RNZAF functions and operations. The extent to which the type of glazing, window design and location will assist in mitigating the potential for effects from current RNZAF functions and operations

14.6.25 Electricity Transmission Line Corridor (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

The risk to the structure and functioning of the transmission line; The effects on the ability of the transmission line owner (or an authorised agent) to operate, maintain and upgrade the high-voltage transmission network; The proximity of buildings to electrical hazards; The risk of electrical hazards affecting public safety, and/or risk of property damage; The risk of electrical faults causing disruption to electrical supply; The extent of earthworks required, and use of mobile machinery near the transmission line corridor which may put the line at risk; The risk of electrical hazards due to the mature height of any associated vegetation, including within landscaped areas; The location and orientation of buildings. in relation to transmission lines to minimise visual effects from transmission lines; The risk of generating radio interference or earth potential rise; The extent of compliance with NZECP34:2001.

14.6.26 Liquefaction susceptibility of the site and proposed development. The extent to which liquefaction potential across the site, including the potential for lateral spread, has been considered in determining then layout and activities proposed for the site. 14.6.27 Lifemark and Homestar. Whether, taking into account practicality and the cost of compliance with the standards: (a) (b)

a healthy living environment for the immediate and future occupants is provided for; energy use reduction is provided for;

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(c) (d)

the building is able to be easily adapted to suit the changing life stages and physical needs of the occupants; and alternative solutions are proposed that provide the same outcomes sought.

14.6.28 Maximum impervious surface on a site connected to stormwater network. Whether: (a)

there is sufficient capacity available in the Council's surface water network to cater for discharge from the development; (b) adverse effects of the proposal on erosion or flooding are avoided or remedied. (c) adverse effects of the proposal on surface water or groundwater quality are avoided or remedied. (d) regional rules relating to any waterways or water discharge consents required under the Act are complied with or have been obtained. (e) Whether the proposed surface water management systems are consistent with the relevant Council Stormwater Management Plans. (f) The adequacy of the proposed means of collecting, conveying, treating, attenuating and disposing of surface water from all impervious surfaces. (g) The effect on drainage to, or from, adjoining land and the adequacy of measures proposed to mitigate or remedy adverse affects. (h) Any adverse effects on the functioning or values of the existing network of drains, springs, waterways and ponding areas. (i) The provision for and protection of the flood storage and conveyance capacity of waterways. (j) Any indications on development plans of surface water issues or works relevant to the area. (k) Any impact of the works on sites or areas of significance to tangata whenua shown in Part 10, Appendix 3, or on waterways and the coastline. (l) That the stormwater measures adopted ensure the protection of ground water quality including treatment of discharges from roads and sealed car parking areas. Note: Development contributions for network infrastructure for surface water management services may be required under the Council's Development Contributions Policy. 14.6.29: Rainwater tanks for new residential units that use water from listed streams.

14.6.30: Temporary lifting or moving of earthquake damaged buildings The matters over which discretion is restricted are as follows: (a) The effect of reduced proximity on the amenity and/or operation of any neighbouring sites, water way, coastal marine area, archaeological site, or protected tree. (b) The duration of time that the building will intrude upon the recession plane.

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(c) Any adverse effects on adjoining owners or occupiers relating to shading and building dominance. (d) The extent to which neighbouring properties are occupied for the duration of the works.”

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14.7 Residential Banks Peninsula and Residential Conservation Zones Matters of Control and Discretion 14.7.1 Site Density, site coverage, height and sunlight and outlook (a) (b) (c) (d) (e)

(f)

The extent to which the proposed buildings will be compatible with the scale of other buildings in the surrounding area; The effect of the increased height in terms of visual dominance of the outlook from other sites, roads and public open spaces in the surrounding area; The extent to which the increased height would have an adverse effect on sites in the surrounding area in terms of loss of privacy through being overlooked; The extent to which the proposed building will overshadow adjoining sites and result in reduced sunlight and daylight admission Whether any adverse effects of increased height may be avoided, remedied or mitigated by such as through increased separation distances between the building and adjoining sites or the provision of screening. The extent to which any adverse effect on views from properties in the vicinity.

14.7.2 Street Scene, Separation from Neighbours (a)

The extent to which any intrusion into a yard requirement is necessary to enable more efficient, practical and/or reasonable use of the balance of the site or the long term protection of significant trees or significant environmental features on the site; (b) Any adverse effects of the proximity or bulk of the building resulting in loss of access to daylight or privacy on adjoining sites; (c) The provision of landscaping or screening to mitigate the adverse effects of any yard encroachment; (d) For a front yard setback, the extent to which alternative practical locations are available on the site (e) The extent to which an alteration of the front yard will detract from the pleasantness, coherence, openness and attractiveness of the site as viewed from the street and adjoining sites; (f) The adverse effects of any building intrusion into the front yard on the outlook and privacy of people on the adjoining sites (g) The extent to which any encroachment into the front yard will be compatible with the appearance, layout and scale of other buildings and sites in the surrounding area (h) The visual effects of amenity tree planting on views from public places or on local landscape and amenity values 14.7.3 Relocation of buildings (a) (b) (c)

The likely appearance of the building upon restoration or alteration; The compatibility of the building with buildings on adjoining properties and in the vicinity; The exterior materials used, and their condition and quality;

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(d) (e)

The period required for restoration work to be undertaken; Any requirements to impose a bond or other condition to ensure completion of restoration work to an acceptable standard.

14.7.4 Screening of Non-residential activities (a) (b) (c)

The effect of reduced landscaping and screening in terms of the visual impacts of the buildings and the scale of these buildings; The importance of landscaping and screening on the particular site, taking into account the visual quality of the surrounding environment; The extent to which the site is visible from adjoining sites and the likely consequences on outlook from those sites of any reduction in landscaping or screening standards

14.7.5 Artificial Light (a) (b) (c)

The effect of the light on adjoining and other properties; Whether a reduction in the level of glare is possible Whether the direction in which the light is aimed, and the duration and hours of operation of the activity requiring the lighting, can be changed to avoid, remedy or mitigate any adverse effects

14.7.6 Earthworks (a) The visual impact on the immediate vicinity and on any areas of landscape value; or (b) The effects of sediment and stormwater runoff on stream systems, habitats, and adjacent properties; or (c) The removal of material by wind and any off-site effects; and (d) The effects on ground water quality and quantities, including from leachate; or (e) The effects on amenity values from dust nuisance and noise; (f) The ability to mitigate any adverse environmental effects, through means including site and vegetation restoration, landscape treatment and planting and engineering measures; and (g) The ability to adequately re-vegetate any cut slopes. 14.7.7 Port Influences Overlay (a)

(b) (c)

The degree to which any resultant outdoor living could create an increased potential for complaint against port related activities thus causing potential reverse sensitivity effect on port activities. Whether the applicant has obtained written approval from the Lyttelton Port Company Limited. Whether any other methods to reduce the potential for reserve sensitivity effects on the port operator, other than the required acoustic insulation, have been incorporated into the design of the proposal.

14.7.8 Residential Conservation Zone building demolition, alterations, additions, and new buildings (a)

The extent to which the development takes account of the relevant Design Guidelines for Buildings outlined in Appendix X or XI

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(b) (c) (d)

(e)

The ability to provide adequate vehicle parking and manoeuvring space on site; Whether the cladding, form, design, and location of the building protects the heritage values of the Heritage Conservation Zone; In the case of demolition, whether the building makes an important contribution to the area’s heritage values and whether those heritage values would be significantly affected by the loss of the building; The ability to provide adequate outdoor living, service and storage areas.

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14.9 All New Neighbourhood Zones

14.9.1

How to use these rules - New Neighbourhood Zone 14.9.1.2

The rules that apply to activities in the New Neighbourhood Zones are contained in: (a) The Activity Status table, Activity Specific Standards, and Built Form Standards in Rules 14.9.2 – 14.9.3 ; and (b) The activity status tables and standards in the following Chapters (where relevant): 5 6 7 8 9 11 12

14.9.1.3

Natural Hazards; General Rules and Procedures; Transport; Subdivision, Development and Earthworks; Heritage and Natural Environment; Utilities and Infrastructure; and Hazardous Substances and Contaminated Land.

Activities and their accessory uses and buildings (unless otherwise stated) are Permitted, Controlled, Restricted Discretionary, Discretionary, Non Complying or Prohibited according to the Rules 14.9.2.1 – 14.9.2.6 below.

14.9.2

Activity Status Tables - New Neighbourhood Zone

14.9.2.1

Permitted Activities - New Neighbourhood Zone

In the New Neighbourhood Zone the Activities listed below are Permitted Activities if they comply with any Activity Specific Standards set out in this table and the Built Form Standards in Rule 14.9.3 Activities may also be Restricted Discretionary, Discretionary, Non-complying or Prohibited as specified in Rules 14.9.2.2, 14.9.2.3, 14.9.2.4, 14.9.2.5, ACTIVITY

ACTIVITY SPECIFIC STANDARDS

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P1 Residential Activities that occur within a residential unit P2 Relocation of a Residential Unit P4 Home Occupation

NIL

P5 Day Care facility

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for day care activities shall be 200m2; c. Any outdoor play areas and facilities comply with the Group 1 acoustic standard for residential zones; d. Signage is limited to no more than 1m2; e. The hours of operation when the site is open to visitors, clients, or deliveries are limited to between the hours: i. 0700 – 2000 Monday to Friday, and ii. 0700 – 1300 Saturday, Sunday and public

NIL a. The maximum gross floor area of buildings plus the area used for outdoor storage for non-residential activities shall be 40m2; b. No more than one full-time equivalent person, who permanently resides elsewhere than on the site, may be employed in undertaking any activity on the site; c. Retailing is limited to the sale of goods grown or produced on the site, or internet-based sales where no customer visits occur; d. The site is open to business visitors or clients for a maximum of 50 hours per week. e. The hours of operation when the site is open to business visitors or clients are limited to between the hours: i. 0900 – 2000 Monday to Friday, and ii. 0900 – 1300 Saturday, Sunday and public holidays f. Where open to visitors or clients is not located above ground floor level in a multiple level apartment complex; g. No visitor or staff parking is to be provided within the road boundary setback; h. The maximum area of signage shall be no more than 1m2, i. No signage is permitted on sites with frontage to Memorial Avenue or Fendalton Road

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holidays f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; g. There shall be no more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1

P6 Health Care Facility, including Veterinary Care

a. Located on a site with frontage on, and has the primary access to, a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for health care activities shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to patients or clients are limited to between the hours: i. 0900 – 2000 Monday to Saturday, and ii. Closed Sunday and public holidays; e. The boarding of animals on the site shall be limited to a maximum of four animals. f. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; g. The residential block is not to be left with more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1

P7 Education activity

a. Located on a site with frontage and the primary entrance to a minor arterial or collector road; b. maximum gross floor area of all buildings on the site used for Education activities shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to clients or visitors are limited to between the hours: i. 0900 – 2000 Monday to Saturday, and ii. Closed Sunday and public holidays; e. Any residential activity on an adjoining front site

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(or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than two non-residential activities in that block. Note: see diagram after rule 14.2.2.1

P8 Temporary Military or Emergency Service Training activities

NIL

P9 Market gardens, community gardens, and garden allotments

NIL

P10Storage of heavy vehicles

No more than one such vehicle may be stored on the site. The vehicles and/or boats are owned by people who live on the same site.

P11Dismantling, repair, or storage of motor vehicles and boats. P16 Social Housing Multiunit Residential Complexes P17 Multiunit Residential Complexes within the Residential Suburban Zone Overlay P18 Places of Assembly

Up to 4 residential units Up to 4 residential units

a. Located on a site with frontage on, and has the primary access to, a minor arterial or collector road; b. maximum gross floor area of all buildings used for the facility on the site shall be 200m2; c. Signage is limited to no more than 1m2; d. The hours of operation when the site is open to visitors are limited to between the hours 0900 – 2000. e. Any residential activity on an adjoining front site (or front site separated by an access), with frontage to the same road, is left with at least one residential neighbour. That neighbour is to be on an adjoining front site or front site separated by an access and shall have frontage to the same road; f. The residential block is not to be left with more than two non-residential activities in that block.

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Note: see diagram after rule 14.2.2.1

14.2.2.2

Controlled Activities - New Neighbourhood Zone

There are no Controlled Activities

14.2.2.3

Restricted Discretionary Activities – New Neighbourhood Zone

The activities listed below are Restricted Discretionary Activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in 14.6 for each standard, as set out in the following table.

ACTIVITY

The Council’s Discretion shall be limited to the following Matters:

RD1 Residential units (including any sleep outs) containing more than 6 bedrooms in total

a. 14.6.6 Urban Design b. 14.6.14 Scale of activity c. 14.6.15 Traffic Generation Access and Safety d. 14.6.26 Liquefaction susceptibility of site and development.

RD2 Student Hostels owned or operated by a Secondary or Tertiary Education and Research Activity

a. 14.6.6 Urban Design b. 14.6.14 Scale of activity c. 14.6.26 Liquefaction susceptibility of site and development.

RD3

a. 14.6.18 Stormwater Ponding areas within 3km of Christchurch International airport.

Creation of Stormwater drainage ponding areas within 3 Kilometres of the edge of the Canterbury International Airport Runways RD4 Sensitive activities and building within the Electricity Transmission Line Corridor

a. 14.6.25 Electricity Transmission Line Corridor

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(a) Within 12m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (i) any new sensitive activity or additional habitable space; (ii) any building between 12m and 32m of any transmission line or transmission line support structure, the following shall be restricted discretionary activities: (ii) any sensitive activity (b) Any application within the corridor need not be publicly notified and need not be served on any affected party other than the network utility owner. I The Electricity Transmission Line network utility owner or operator shall be considered an affected party for any activity requiring consent. Notes: 1. The transmission line corridor is shown on the planning maps …..––– – The centre of the transmission line is to be found by measuring a straight line from the centre of two adjoining support structures. 3. The requirements of the New Zealand Electrical Code of Practice should be noted in relation to land use activities and vegetation under or near transmission lines. RD9 Places of Assembly that do not a.14.6.6 Urban Design meet the Permitted Activity Specific b. 14.6.14 Scale of activity Criteria in Rule 14.2.2.2 P19. c. 14.6.16 Non residential hours of operation RD 10 Retailing where a. 14.6.6 Urban Design a. The site is located on the corner b. 14.6.14 Scale of activity of a minor arterial road; c. 14.6.16 Non residential hours of operation

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b. The total area occupied by retailing on the site is no more than 50 m2 public floor area; c. Does not include trade suppliers or yard-based suppliers or service stations; d. Does not include the sale of alcohol; e. Signage is limited to no more than 1m2 and shall be within the road boundary setback; f. Food and beverage outlets where the hours of operation when the site is open to business visitors or clients are limited to between the hours of 0800 – 1900 Monday to Sunday and public holidays; g. No on-site parking for visitors or service purposes is to be provided.

14.2.2.4

d. 14.6.15 Traffic Generation Access and Safety

Discretionary Activities – New Neighbourhood Zone

The activities listed below are a Discretionary Activities. ACTIVITY D1 Home occupation, Day Care facilities, Health Care facilities, Education Activities, Travellers Accommodation and conversion of an Elderly Persons Housing Unit, and show homes where it does not meet one or more of the Activity Specific Standards for permitted activities.

14.2.2.5

Non Complying Activities – Non Complying Activities

The activities listed below are a Non Complying Activity. NC1 any activity not provided as a permitted, controlled, restricted discretionary, discretionary or prohibited activity.

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NC 2 Any new residential unit, or any building or part of a building including additions to a building, described in former Part 4, Appendix 1, and which is within the 55 dBA Ldn noise contour shown on the planning maps, which is not insulated from the aircraft noise so as to comply with the provisions of that appendix. 14.2.2.6

Prohibited Activities - Residential Suburban Zone

There are no Prohibited Activities

14.9.3

Built Form Standards – New Neighbourhood Zone

(a)

The following relevant Built Form Standards shall be met by all Permitted and Controlled Activities unless otherwise stated.

(b)

For Controlled Activities, where Council has reserved control over specified matters in Rule 14.9.2.2 and for Restricted Discretionary Activities in Rule 14.9.2.3, where Council has restricted its discretion to specific matters, more restrictive Standards than those specified in the standards below, may be imposed as conditions of consent.

(c)

The following relevant Standards shall be used as a guide in assessing any Discretionary and Non Complying Activities.

14.9.3.1 Site Density - New Neighbourhood Zone Each residential unit shall be contained within its own separate site with a minimum net area as follows: Permitted Non-complying Where a comprehensive subdivision As required to accommodate the and land use consent has been granted consented residential unit. Where a comprehensive subdivision 300m2 3

4m

14.4.2 Building height and daylight recession planes

12 m

Note: See the permitted height exceptions contained within the definition of height;

14.9.3.3

Site Coverage - New Neighbourhood Zone

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The maximum percentage of the net area of any site covered by buildings shall be as follows: Note: Permitted site coverage exceptions are contained in Part 9, Rule 2.5. Permitted For sites that have40% not received a comprehensive resource consent.

14.9.3.4 (a)

Matters Non-complying of Discretion 14.4.1 >45% Site density and site coverage

Outdoor Living Space - New Neighbourhood Zone

Each residential unit shall be provided with an outdoor living space in a continuous area, contained within the net area of the site with a minimum area and dimension as follows:

Residential unit at the ground floor. Residential unit above ground floor. (b)

Restricted Discretionary 40%-45%

Permitted Minimum Minimum Area Dimension 60m2 6m

Restricted Discretionary Minimum Minimum Area Dimension 35m2 4m

Matters of Discretion

14.4.5 space

outdoor

living

10m2

10m2

14.4.5 space

outdoor

living

2m

2m

The required minimum area shall be readily accessible from a living area of each residential unit. At least half of the required minimum area shall be able to receive sunshine at midday on the shortest day of the year. Note: This rule only applies to structures on the same site.

(c) the required minimum area shall not be occupied by any building, access or parking space, other than; i.

an outdoor swimming pool; or

ii.

any buildings or parts of a building without walls (other than a balustrade) on at least a quarter of its perimeter, and occupies no more than 30% of the area of the outdoor living space.

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Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.5 Outdoor living space Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.5

Daylight Recession Planes - New Neighbourhood Zone

(a)

Buildings shall not project beyond a building envelope constructed by recession planes from points 2.3m above internal boundaries as shown in former Part 2, Appendix 1 except that: i. where an internal boundary of a site abuts an access lot or access strip the recession plane may be constructed from points 2.3m above the furthest boundary of the access lot or access strip or any combination of these areas; ii. where buildings on adjoining sites have a common wall along an internal boundary the recession planes shall not apply along that part of the boundary covered by such a wall. iii. gutters and eaves are permitted within the recession plane, provided the depth of the intrusion is less than 0.2(m) iv. where the exceptions contained in Part 9, Rule 2.4 apply.

(b)

Where sites are located within a Flood Management Area, recession plane breaches created by the need to raise floor levels will not require the written consent of other persons and shall be non-notified.

(c)

In the Residential Banks Peninsula Zone and Residential Conservation Zone no part of any building shall project beyond a building envelope contained by a 45 degree recession plane measured at any point 2.0 metres above any adjoining site boundary, unless that boundary is a road boundary. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.2 Height and daylight recession planes.

14.9.3.6 Minimum building setback internal boundaries - New Neighbourhood Zone All buildings not listed below. Where residential buildings on adjoining sites have a ground floor window of a habitable space located within 1.8m of the common internal boundary.

155

1.8m 1.8m from that neighbouring window for a minimum length of 2m either side of the window – refer diagram below.

Draft Residential Chapter – 25 February 2014

All other Accessory buildings where the total length of walls or parts of the accessory building within 1.8m of each internal boundary does not exceed 10.1m in length. Buildings that share a common wall along an internal boundary. All other buildings where the internal boundary of the site adjoins an access or part of an access

NIL

NIL 1m

refer to diagram under rule 14.2.4.10 Note: This diagram is an illustrative example only, showing one way the rule may be applied (Refer to full rule for application of 1.8m separation. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.4 Minimum building window and balcony setbacks from internal boundaries

14.9.3.7

Minimum setback and distance to ground level for Windows and Balconys - New Neighbourhood Zone

Feature

Standard

At an angle greater than 900 to the internal boundary - NIL At an angle less than 900 to the internal boundary - 4m Minimum distance between bottom of window and ground level 1.2m (such as above a garage which is partly below ground level) Living area windows at the ground floor level At an angle greater than 900 to the facing an internal boundary internal boundary – NIL At an angle less than 900 to the internal boundary – 3m Living area windows at the ground floor level At an angle greater than 900 degrees to facing an internal boundary that immediately the internal boundary - NIL adjoins an access or part of an access At an angle less than 900 degrees to the internal boundary 1m. Balcony 4m Minimum distance between bottom of Living area windows at the first floor level and above

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balcony and ground level 1.2m (such as above a garage which is partly below ground level) Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.4 Minimum Building, Window and Balcony setbacks from internal boundaries refer to diagram under rule 14.2.4.13 14.9.3.8

Planting in the Road Boundary Setback - New Neighbourhood Zone

The full length of the road frontage, not used as a vehicle or pedestrian access shall be planted to a depth of 2m.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.3 Street scene - Road boundary Building setback, front doors, fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.9 Fencing in the Road Boundary Setback

The maximum height of any fence in the front yard setback from a local road shall be 1m.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.3 Street scene - Road boundary Building setback, front doors, fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.10

Parking areas - New Neighbourhood Zone

Parking areas shall be separated from adjoining roads by either planting, fences or a combination thereof. Where separation is by way of fencing the minimum height of fencing shall be 1.2m. (see also 14.2.16)

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(Image – Medium density fencing diagram) Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.3 Street scene - Road boundary Building setback, front doors, fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.11 Garages Neighbourhood Zone

and

driveways



Residential

Suburban

Zone -

New

(a) Domestic driveways shall be a maximum width of 4.5m at the property boundary for a depth of at least 2m measured from the road boundary and shall allow clear visibility above 1m for a width of 1.5m either side of the entrance. (b) Garages and carports shall not comprise more than 50% of any ground floor elevation viewed from any one road boundary on any one site and shall not be more than 6.5m wide. For garages with the vehicle door generally facing a shared access or road boundary the minimum garage setback shall be 5.5m from the shared access or road kerb Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.3 Street scene - Road boundary Building setback, front doors, fencing and planting. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.12 Zone

Road boundary building setback, fencing and planting - New Neighbourhood

Permitted South side of road 4.5m oriented East – West

Restricted Discretionary 4.0m

(refer to the diagram xxx for explanatory diagram 158

Matters of Discretion

14.4.3 Streetscene – road boundary building setback, front doors, fencing and planting

Draft Residential Chapter – 25 February 2014

of oriented East – West) All other road 3m boundary New Neighbourhood Spreydon

2m

14.4.3 Streetscene – road boundary building setback, front doors, fencing and planting

All other boundary

3.5m

14.4.3 Streetscene – road boundary building setback, front doors, fencing and planting

road 4m

except where a garage has a vehicle door generally facing a road or right of way the minimum garage setback shall be 5.5m from the road boundary or shared access (not including Access Lots).

14.9.3.13 Ground floor habitable room and overlooking of the street - New Neighbourhood Zone (a)

Each residential unit, except for loft units, shall have a habitable room at the ground level.

(b)

Each of the habitable rooms located at the ground level shall have a minimum floor area of 12m2, a minimum internal dimension of 3m and be internally accessible to the rest of the unit.

(c)

Each ground floor habitable room shall provide a total window area of at least 4m2 that overlooks the setback from the road boundary.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.9 Ground floor habitable space Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

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14.9.3.14

Front doors - New Neighbourhood Zone

Front doors shall be clearly visible from the primary street. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.3 Streetscene – road boundary building setback, front doors, fencing and planting Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.15 Service, Storage, and Waste Management Spaces - New Neighbourhood Zone (a) Each residential unit shall be provided with i.

an outdoor service space of 3m2 and waste management area of 2.25m2 with a minimum dimension of 1.5m; and

ii. a single, indoor storage space of 4m3 with a minimum dimension of 1m; and iii. any space designated for waste management, whether private or communal, shall not be located between the road boundary and any building room and shall be screened from adjoining sites, conservation or open space zones, roads, and adjoining outdoor living spaces to a height of 1.5 metres. (b) If a communal waste management area is provided within the site, the minimum required 2

outdoor service space is 3m for each residential unit. (c) If a communal waste management area is provided, it must be demonstrated to be: i. of a sufficient size to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units; ii. accessible and safe for use by all residents; and iii. easily accessible for the collection of bins by waste management contractors. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: Matters of discretion: 14.4.10 Service, waste management and storage space. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.16 Minimum Unit size - New Neighbourhood Zone The minimum net floor area (including toilets and bathrooms) for any residential unit shall be:

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Studio 1 Bedroom 2 Bedroom 3 or more Bedrooms

35m2 45m2 70m2 90m2

The minimum unit area shall not include car parking, garaging, or balconies allocated to each unit. Where 6 or more residential units are proposed as part of a multi-unit residential complex, there shall be a mix of at least two unit size types ranging across 1, 2, 3 or more bedrooms. No unit size type shall account for more than two thirds of the overall number of units on a site.

Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.8 Minimum unit size Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.17 Minimum Home Star and Life Mark Rating Residential Units - New Neighbourhood Zone Any new residential unit shall meet the following minimum Life mark or Home star standard Permitted Homestar rating of 6 or greater Lifemark rating of 3 or greater

Restricted Discretionary Home star rating of 5 or less Lifemark rating of 2 or less

Matters for Discretion 14.4.27 Lifemark and Homestar 14.4.27 Lifemark and Homestar

A copy of the Home Star Rating System and the Lifemark Rating System is in Appendix XX. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.27 Lifemark and Homestar Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.9.3.18 Maximum impervious surface on a site connected to stormwater network - New Neighbourhood Zone

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(a)

The maximum percentage of impermeable surface where stormwater runoff is connected to stormwater reticulation or network shall be:

New Neighbourhood Spreydon Zone All other New Neighbourhood zones

(b)

60% 70%

The maximum percentage of impervious surface on a sitewhere stormwater runoff is connected to a rain tank of at least 7000 litres net capacity and to stormwater reticulation or network shall be 75%. Any application arising from non compliance with the above rule shall be assessed as a restricted discretionary activity: Matters of discretion: 14.4.28 Maximum impervious surface on a site connected to stormwater network. Any application arising from non compliance with this rule will not require written approvals and shall not be publicly or limited notified.

14.8.4.14 Road and access – Yaldhurst, Awatea, Halswell West and North West Belfast Greenfield Residential Zone . (d)

In Halswell West Sites having frontage to Quaifes Road identified in Appendix _ Greenfield Residential (Halswell West) Outline Development Plan as being ‘Limited Access” shall not have direct vehicle access from this road.

14.8.4.20 Prestons - Setbacks and screening from neighbours - Greenfield Residential Zone (a)

The following landscaping and setback provisions shall apply to the Prestons site boundaries: i.

Prestons Residential allotments / all Rural Zone Boundaries (excluding those areas identified in (d) and (e) below): a. b.

(b)

A minimum 15m building setback from the Rural Zone boundary. Prior to or concurrently with the construction of the first building on any allotment, a solidly clad boundary fence shall be erected, having a minimum height of 1.8 metres and a maximum height of 2.0 metres.

The following shall apply on all sites adjoining Lower Styx Road

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i.

ii.

iii. iv.

(c)

A 10m deep landscape strip shall be planted along the frontage with Lower Styx Road with native shrubs and small trees selected from the Planting List Appendix _ Greenfield Residential Prestons Planting List. 1 large native tree selected from The Planting List Appendix _ Greenfield Residential Prestons Planting List shall be provided per 40m² of required landscape strip and shall be planted within the 10m landscape strip. A minimum 15m building setback from Lower Styx Road. Fencing along the boundary with Lower Styx Road, and fencing along first 10m of internal boundaries back from Lower Styx Road, shall not exceed a maximum height of 1.2m and shall be at least 50% visually transparent.

The following shall apply on all sites adjoining Mairehau Road i.

(d)

A 3m landscape strip shall be planted along with Mairehau Road with native shrubs and small trees selected from The Planting List Appendix _ Greenfield Residential Prestons Planting List. ii. 1 tree selected from The Planting List Appendix _ Greenfield Residential (Prestons) Planting List shall be provided per 20m2 of required landscaping strip and shall be planted within the 3m landscape strip. A Minimum 50% of required trees shall be native. iii. A minimum 10m building setback from Mairehau Road. iv. Fencing on the boundary with Mairehau Road, and fencing along first 3m of internal boundaries, back from Mairehau Road shall not exceed a maximum height of 1.2m and shall be at least 50% visually transparent. The following shall apply to all sites adjoining Windsor or Waitikiri Golf Course boundary Appendix _ Greenfield Residential (Prestons) Outline Development Plan i.

ii.

iii. iv.

A 10m landscape strip shall be provided adjacent to boundary with the Waitikiri and Windsor Golf Courses and shall be maintained as turf. 1 large tree selected from The Planting List Appendix _ Greenfield Residential (Prestons) Planting List shall be provided per site adjoining golf courses plus 1 additional large tree selected from The Planting List Appendix _ Greenfield Residential (Prestons) Planting List per 100m² of required landscaping strip and shall be planted within the 10m landscape strip. A minimum 10m building setback from the boundary with the Waitikiri and Windsor Golf Courses. Fencing on the boundary with Waitikiri and Windsor Golf Courses, and fencing along first 10m of internal boundaries back from Waitikiri and Windsor Golf Courses, shall not exceed a maximum height of 1.2m and shall be at least 50% visually transparent.

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(e)

The following shall apply on sites within the areas identified as 'Urban Village / Commercial', 'Commercial A& B' in Appendix _ Greenfield Residential (Prestons) Density adjoining Rural Zone boundaries i.

ii. iii.

along the boundary of the area identified as 'Commercial B' adjacent to the Rural Zone to the South, a minimum 3m building setback shall apply. Along the length of that boundary, the tree planting required for Business 2 Zone road frontages in, Part 3, Clauses 3.5.3(c), (d) and (e) shall also apply. screening to a minimum height of 1.8m shall be provided for boundaries with a residential site. The minimum building setback from Marshland Road shall be 10(m)

14.8.4.21 Prestons - Staged development - Greenfield Residential Zone (a)

No non-residential activities and not more than 400 residential units shall occur in the Greenfield Residential Prestons Zone until upgrades of the Marshland Road / Mairehau Road, Marshland Road / Prestons Road, Mairehau Road / Burwood Road, and Lower Styx Road / Marshland Road intersections (including traffic signals) in accordance with i. Appendix _ Greenfield Residential (Prestons) Intersection Upgrades Figure 1 ii. Appendix _ Greenfield Residential (Prestons) Intersection Upgrades Figure 2 iii. Appendix _ Greenfield Residential (Prestons) Intersection Upgrades Figure 3 iv. Appendix _ Greenfield Residential (Prestons) Intersection Upgrades Figure 5 have commenced.

(b)

No more than: i. ii.

1700 residential unit within the areas identified as 'Density Area AD' sites and 'Urban Village / Commercial'; and 7200m2 of non-residential activities (comprising of 4000m2 for a supermarket and 3200m2 for other non-residential activities) within the areas identified as 'Urban Village / Commercial', 'Commercial' and 'Commercial A and B' in Appendix _ Greenfield Residential (Prestons) Outline Development Plan

shall occur until such time as:

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a.

b.

c.

construction of the Northern Arterial and the 4-laning of QEII Drive between Main North Road and Innes Road together with either the Northern Arterial extension or the Hills Road extension has commenced; and the Mairehau Road /Burwood Road intersection is upgraded in accordance with Figure .4 as shown in Appendix _ Greenfield Residential (Prestons) Intersection Upgrades Figure 4 and the portion of the main primary road (Appendix _ Greenfield Residential (Prestons) Outline Development Plan) linking Prestons Road to Mairehau Road in the Prestons Zone is open to traffic

Note: the 7200m2 of non-residential development referred to in this subrule is inclusive of existing commercial activities contained within the Prestons Zone (as at 27 March 2010). For the purposes of this rule, the Northern Arterial is defined as being one of the New Zealand Transport Agency Roads of National Significance, and is a new road extending the existing Christchurch Northern Motorway from just north of Belfast (Chaneys) to connect with QEII Drive. The scheme also includes an extension being progressed by Christchurch City Council from QEII Drive to Cranford Street. The Hills Road Extension is a Christchurch City Council roading scheme, extending Hills Road from Innes Road to join QEII Drive east of Philpotts Road. 14.8.5.2 Awatea - Pedestrian and cycle over-bridge and embankment - Greenfield Residential Zone The construction of the pedestrian and cycle over bridge and embankment identified in Appendix _ Greenfield Residential (Awatea) Outline Development Plan shall be a controlled activity with the exercise of the Council's discretion restricted to matters concerning design, construction management and connectivity with other elements and networks identified in Appendix _ Greenfield Residential (Awatea) Outline Development Plan. Note: The General City Rules, Part 9, pertaining to Filling and Excavation do not apply to the construction of this pedestrian and cycle over-bridge and embankment.

14.8.5

Controlled Activities - Greenfield Residential Zone 14.8.5.1

Awatea - Development and redevelopment of sites marked as controlled on Appendix _ Greenfield Residential (Awatea) tangata whenua Greenfield Residential Zone Works to develop or redevelop any of the sites marked as controlled on the tangata whenua layer Appendix _ Greenfield Residential (Awatea) tangata whenua where a cultural assessment has been supplied with

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resource consent application, shall be a controlled activity with the Council's control restricted to: (a)

(b) (c)

14.8.8

Ensuring consultation has been undertaken with appropriate tangata whenua representatives in the design phase of the works and preparation of the cultural assessment Appropriate recognition has been given to the findings of the cultural assessment in the design and implementation of the works Ensuring appropriate recognition has been given to the objectives of Goal 5 of the South West Area Plan.

Non Complying Activities - Greenfield Residential Zone (b)

14.8.8.5 Zone (a)

(b)

14.8.8.6

East Belfast i. The densities outlined in the table above shall not apply where they have been permitted to be transferred in accordance with Rule 14.4.4.1 (g) (v.) Site Density. ii. For the Spring Grove historic homestead sites, the minimum lot size shall be 3000m2.

Yaldhurst protection of ground-water quality - Greenfield Residential

Any individual activity other than a health facility, located within that part of the zone shown as 'Commercial' in Appendix _ Greenfield Residential (Yaldhurst) Outline Development Plan involving the manufacturing, use, storage, or disposal of hazardous substances specified in Schedule 1 (classification of hazardous substances) of part 11 of this Plan as part of or associated with any retail or commercial activity, and which exceeds the quantities specified for Group 1 zones in Column B of Schedule 2 for any site. Any activities (other than a health facility) in any part of the Yaldhurst zone identified in Appendix _ Greenfield Residential (Yaldhurst) Outline Development Plan, for high, medium or low density living activity, involving the manufacturing, use, storage, or disposal of hazardous substances specified in Schedule 1 (classification of hazardous substances) of part 11 of this Plan, which exceed the quantities for group 1 zones specified in Column B of Schedule 2 for any site but excluding the storage and provision of Liquid Petroleum Gas (LPG) for reticulation to households within the Greenfield Residential (Yaldhurst) zone.

Yaldhurst special set back provisions - Greenfield Residential Zone

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(a)

(b)

(c)

14.8.8.8

where mounding or other physical barrier to noise transmission capable of reducing traffic noise intrusion to all parts of any site by at least 10dBA is provided within 20m of the road boundary across the entire width of the site, the minimum building set back shall be 40m, provided that such mounding or barrier shall be screened from the adjoining road by landscaping. Such landscaping shall be for a minimum depth of 1.5m, a minimum height of 1.8m and be located between the mounding or fencing and the adjoining road. Where such screening is by way of landscaping, the minimum height shall be the minimum height at the time of planting. where the provisions of sub-rule (a) above are complied with, and all external windows and doors of the residential units including those installed in the roof are acoustically treated to achieve a sound transmission loss of at least 25dBA with windows and doors closed, then the minimum building set back shall be 20(m) this rule shall not apply to any development within the commercial area shown in Appendix _ Greenfield Residential (Yaldhurst) Outline Development Plan, that does not contain living accommodation. East Belfast special setback provisions - Greenfield Residential Zone

Residential units within 40m the left edge line of the nearest traffic lane of the Northern Arterial. Except that: (a) If the Northern Arterial has not been built when the application is made for building consent then the minimum residential unit setback shall be 20m from the Northern Arterial designation boundary. (b) The minimum distance between any residential buildings, including family flats, and the nearest edge of a track of the Main North Railway Line shall be 20(m) (c) Any rooms used for living or sleeping purposes within a residential unit, family flat or accessory building, or internal area of other noise sensitive activities, and situated within 100m of the left edge line of the nearest traffic lane of the Northern Arterial (or within 80m of the Northern Arterial designation boundary if the Northern Arterial has not been built when the application is made for building consent), shall be acoustically insulated so that traffic noise within any residential unit or other habitable room is limited to the levels below, with all external doors and windows close(d) Within bedrooms

(d)

35dBA (Leq 9 hour) From 2200-0700 45dBA (Leq 24 hour)

Within any living area Any habitable space within a residential unit, family flat or accessory building, or internal area of other noise sensitive activities, and situated within 40m of the Main North Railway track shall be acoustically insulted so that traffic noise within any residential unit or other habitable room is

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(e)

limited to the levels specified below, with all external doors and windows close(d) Within bedrooms Within bedrooms 35dBA (Leq 1 hour) Within any living Within any living area area 45dBA (Leq 1 hour) A report from an accredited acoustic expert specifying the type and extent of sound insulation required to meet (c) and (d) shall be provided to Council before the houses are built. For the purposes of this rule:

.

14.8.8.9

Other noise sensitive activities' means: Education activities including preschool places or premises, travellers' accommodation, hospitals, healthcare facilities and any elderly persons' housing or complex. East Belfast minimum mix of residential densities - Greenfield Residential Zone Development that frustrates the achievement of the following minimum mix of residential sites: Density A 10% Density B 35% Density C 35%

14.8.8.10 East Belfast conformity with outline development plan - Greenfield Residential Zone Development not in accordance with the following parts of the Outline Development Plan: (a) Appendix _ Greenfield Residential East Belfast Outline Development Plan (b) Appendix_ Greenfield Residential East Belfast Open Space Network (c) Appendix _ Greenfield Residential East Belfast Water Network (d) Appendix _ Greenfield Residential East Belfast Transportation – Road Network (e) Appendix _ Greenfield Residential East Belfast Transportation – Public Transport Network (f) Appendix _ Greenfield Residential East Belfast Transportation – Cycle Network (g) Appendix _ Greenfield Residential East Belfast Transportation – Cycle Network Except that: Where any part of the Northern Arterial Designation is uplifted the Density C rules shall apply unless otherwise stated in a consent notice under Section 221 of the Resource Management Act (or similar mechanism) for that land.

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Any development shall provide for the extension of the “park edge” road around the perimeter of the residential sites and for the extension of the local roads to intersect with the “park edge” road Where stormwater management areas are refined (in terms of location, boundaries and areas) so as to reflect the outcome of any future agreements with the Council and/or any advances in the design of the stormwater management areas that may result in a smaller area being required Where altering the location of residential density areas as provided for in Rule 14.4.4.1 (g) (v.) Site Density. 14.8.8.11

East Belfast staged development - Greenfield Residential Zone (a) The Council shall not issue a section 224 RMA Certificate for any residential subdivision at the East Belfast until such time as a footpath has been constructed on the southern side of Belfast Road between the railway line and Blakes Road. And

(b) Residential lots at the East Belfast zone shall be limited to the areas identified as Stage 1 in Appendix _ Greenfield Residential East Belfast Transportation – Road Network until such time as a pedestrian and cycle connection across the railway line at Thompsons Road has been approved, constructed and commissioned or until such time as financial provision has been made for these works within the Council’s Capital Works Programme and Development Contributions Policy, whichever is earlier; and (c) No more than 200 residential allotments shall be created until such time as Blakes Road (from Belfast Road to Radcliffe Road) has been upgraded to a minimum 9m wide sealed carriageway or until such time as financial provision has been made for these works within the Council’s Capital Works Programme and Development Contributions Policy, whichever is earlier. 14.8.8.12

East Belfast Residential activity and travellers accommodation – buffer area - Greenfield Residential Zone

Residential activity or travellers accommodation established within the buffer area identified in Appendix _ Greenfield Residential East Belfast Outline Development Plan. 14.8.8.15 Awatea residential activities - Greenfield Residential Zone (a)

Residential activities on land north of the Christchurch Southern Motorway residential where provision is not made for the following:

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i.

(b)

the disposal of waste water system via the Christchurch City Council waste water system; and ii. connecting to a potable water supply via the Christchurch City Council urban reticulated system via a service main. Residential activities on land south of the Christchurch Southern Motorway, where provision is not made for the following: i. the disposal of waste water system via the Christchurch City Council urban reticulated system via a service main; and ii. connecting to a potable water supply via the Christchurch City Council urban reticulated system via a service main; and iii. the relocation or closure of the Carrs Road Kart Club

(c)

Sub-rules(a) i, and ii, and(b) i, and ii regarding servicing constraints shall ease to apply when the capacity and servicing constraints within the Christchurch City Council waste water system and water service main have been overcome, and the Unit Manager-Asset and Network Planning (or equivalent Council Officer) is satisfied that there is capacity in the reticulated waste water system for further development to occur and further development can be adequately provided with safe, potable water supply.

(d)

With regard to the land south of the Christchurch Southern Motorway, sub-rule (b) iii shall ease to have effect upon the relocation or closure for the Carrs Road Kart Club.

14.8.8.16 Wigram residential activities - Greenfield Residential Zone Residential activities where provision is not made for the disposal of waste water system via the Christchurch City Council waste water system. This rule shall cease to apply when the capacity and servicing constraints within the Christchurch City Council waste water system have been overcome, and the Unit Manager-Asset and Network Planning (or equivalent Council Officer) is satisfied that there is capacity in the reticulated waste water system for further development to occur. 14.8.8.17 Prestons staged development - Greenfield Residential Zone Notwithstanding that any development of land shall be in general accordance with the Appendix _ Greenfield Residential Prestons appendices, all Density A sites and any residential activity located in the Urban Village shall be located so as to provide convenient access within 500m radius of: (a) (b) (c)

A potential public transport route Public open space such as a playground, local park, or the Domain; and/or Retail, commercial or community facilities.

14.8.8.18 Prestons staged development - Greenfield Residential Zone

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Residential or non-residential development within the Prestons Zone before (a)

and (b)

either: i. a comprehensive plan which shows the overall wastewater system for all activities allowed by the entire Prestons Zone is provided; or ii. it is demonstrated that such a plan has already been provided to Council pursuant to Rule 14.4.8.16(a) (i) (1) above or Part 14, Rule 24.3.4(a)(i). either: i. an approved wastewater system is established, both within the Prestons zone and as required beyond the zone to service the activity; or ii. it is demonstrated that such an approved wastewater system has already been established.

14.8.8.19 Prestons access to Mairehau Road from residential allotments - Greenfield Residential Zone Direct vehicle access from any residential allotment to Mairehau Road from: (a)

(b)

any secondary road (as identified in Appendix _ Greenfield Residential Prestons Outline Development Plan) until such time as the portion of the main primary road Appendix _ Greenfield Residential Prestons Outline Development Plan linking Prestons Road to Mairehau Road in the Prestons Zone is open to traffic; any residential allotment.

14.8.8.20 Halswell West street scene - Greenfield Residential Zone Buildings within 9.5m of the road boundary with Halswell Junction Road. 14.8.8.21 Halswell West residential activities - Greenfield Residential Zone (a)

Residential activities where provision is not made for the following: i. the disposal of waste water system via the Christchurch City Council waste water system; and ii. connecting to a potable water supply via the Christchurch City Council urban reticulated system via a service main. With regards to servicing constraints, this rule shall cease to apply when the capacity and servicing constraints in the Christchurch City Council waste water system and water service main have been overcome, and the Unit Manager-Asset and Network Planning (or equivalent Council Officer) is satisfied that there is capacity in the reticulated waste water system for further development to occur

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and further development can be adequately provided with a safe, potable water supply. 14.8.8.22 North West Belfast - access to Devondale Driveway - Greenfield Residential Zone More than one additional allotment gaining access from the Devondale Driveway. 14.8.8.23 North West Belfast – vehicular access - Greenfield Residential Zone (a)

(b)

(c)

(d) (e)

14.9.4

Residential and other activities with direct vehicular access to Johns Road other than via intersections identified as A2 and A3 in Appendix _ Greenfield Residential (North West Belfast) Densities and Key Infrastructure while, between Groynes Drive and Main North Road, Johns Road is defined as a major arterial road in this Plan or until the state highway status of this part of Johns Road is revoked, whichever occurs the earlier. For the intersections shown as X and Y on Appendix _ Greenfield Residential (North West Belfast) Densities and Key Infrastructure i. Not constructing a single intersection either directly on the Richill Street intersection with Main North Road or in the vicinity of one of the two locations marked as X on Darroch Street, at a safe distance from the intersection of Darroch Street and Main North Road, in consultation with the relevant road controlling authority; and ii. Any intersection formed in the location marked as Y on Appendix _ Greenfield Residential (North West Belfast) Densities and Key Infrastructure that is not left in, left out only and designed in consultation with the relevant controlling authority. Vehicle access from a road onto or off a site where vehicular access to that site is available by service lane, access strip, access lot, private road or private way. In Density A areas access to garages from the Spine Road that is not via rear lane access only. In Density A area rear lane accesses connecting to the Spine Road where the connection points with the Spine Road is less than 60 meters apart.

Standards and Activities Matters of discretion - New Neighbourhood Zone

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14.9.4.1 Whether the Council is satisfied that: The Residential Unit type 1.

is appropriate for the allotment layout.

2.

contributes to an acceptable mix of residential unit types as specified in the relevant Outline Development Plan.

The development’s relationship with the wider area 1.

reinforces or complements the scale and character anticipated for the surrounding area and other built, natural, heritage and cultural features. 14.4.6A1

2.

is designed to minimise the visual bulk of the buildings and provide a human scale.

14.4.6A3 3.

provides a high level of internal and external amenity for occupants, neighbours and public 14.4.6A4

4.

Engages with and contributes to the street, and any access lane or adjacent open space to make them lively, safe and attractive public, or publically accessible, places. 14.4.6A2

14.9.4.2

Whether the Council is satisfied that the design of the ponding area will minimise attracting bird species that pose a bird strike hazard to the operations of Christchurch International Airport

14.9.4.3

Whether the Council is satisfied that: 1. the use of site is compatible with its heritage values whilst enabling its viable economic use. 2. the immediate setting of the house, including trees, the un-built area up to Halswell Road, plantings and garden beds are retained 3. sufficient research has been provided from a historian or architectural historian and supplied with the resource consent application 173

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4. sufficient investigation by a qualified arborist to determine the age, species, historical and scientific significance of the trees. (The trees on the corner of Halswell and Hendersons Road may have originally been part of the Spreydon Lodge Property.

14.9.4.4 Maximum impervious surface on a site connected to stormwater network. (a)

Whether there is sufficient capacity available in the Council's surface water network to cater for discharge from the development. (b) Any adverse effects of the proposal on erosion or flooding. (c) Any adverse effects of the proposal on surface water or groundwater quality. (d) Compliance with any regional rules relating to any waterways or water discharge consents required under the Act. (e) The extent to which the proposed surface water management systems are consistent with the relevant Council Stormwater Management Plans. (f) The adequacy of the proposed means of collecting, conveying, treating, attenuating and disposing of surface water from all impervious surfaces. (g) The effect on drainage to, or from, adjoining land and the adequacy of measures proposed to mitigate or remedy adverse affects. (h) Any adverse effects on the functioning or values of the existing network of drains, springs, waterways and ponding areas. (i) The provision for and protection of the flood storage and conveyance capacity of waterways. (j) Any indications on development plans of surface water issues or works relevant to the area. (k) Any impact of the works on sites or areas of significance to tangata whenua shown in Part 10, Appendix 3, or on waterways and the coastline. (l) That the stormwater measures adopted ensure the protection of ground water quality including treatment of discharges from roads and sealed car parking areas. Note: Development contributions for network infrastructure for surface water management services may be required under the Council's Development Contributions Policy.

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14.10

Enhanced Development Mechanism

14.10.1

How to use these rules

14.10.2 Restricted Discretionary Activities ACTIVITY

Matters of Discretion

RD1 Residential activities that comply with all qualifying standards in rule 14.10.7 and are not in breach of the built form standards in rule 14.10.8

Matters set out in Rule 14.10.9

RD 2 Residential activities that comply with all qualifying standards in rule 14.10.7 but do not comply with one or more of the built form standards in rule 14.10.8

Matters set out in rule 14.10.9 ; and The listed assessment matters for the development standard or standards that are not met in rule 14.10.8.

Resource consent applications in relation to these rules shall not be publicly or limited notified.

14.10.3 Discretionary Activities ACTIVITY D1 Residential activities where part of the site, but not all of the site complies with all of the location qualifying standards in rule 14.10.7(d), and complies with all other qualifying standards in rule 14.10.7

14.10.4 Non-Complying Activities ACTIVITY NC 1 Residential activities that do not comply with Zoning Qualifying Standards in rule 14.10.7(a)

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NC 2 Residential activities that do not comply with Site Size Qualifying Standards in rule 14.10.7(b) NC 3 Residential activities that do not comply with Housing Yield Qualifying Standards in rule 14.10.7(c)

14.10.5 Reference to other Standards (a)

Rule xx – Aircraft Noise Exposure shall apply to residential activities provided for by the Enhanced Development Mechanism within the Suburban Residential Density Overlay area.

(b)

Rules xx [former Development standards Part 2, rule 4.2.20(e) – (g) Development Plans], shall apply to residential activities provided for by the Enhanced Development Mechanism within the Medium Density Suburban Residential zone bounded by Madras Street, Canon Street, Packe Street, and Purchas Street. The General City development, community and critical standards of Volume 3 Part 9 also apply to residential activities provided for by the Enhanced Development Mechanism, except where otherwise specified in rule 3.0 below.

(c)

(d)

The Suburban Residential Density Overlay area and the Medium Density Suburban Residential Rules , and [ former development, community, and critical standards in Part 22.0 of this Plan] shall apply to any activities other than residential activities provided for by the Enhanced Development Mechanism

14.10.6 Qualifying Standards – Enhanced Development Mechanism Sites shall comply with the following Qualifying Standards: (a)

Zoning Qualifying Standards Qualifying sites shall be located in the Suburban Residential Density Overlay area and the Medium Density Suburban Residential, or[ former Cultural 3 zones where the Living 1, Living 2, Living 3 zone rules apply to non-education activities].

Site Size Qualifying Standards (b)

Qualifying sites shall be: i. Of a size greater than 1500m2 and less than 10,000m2; and ii. In one continuous block of land.

Housing Yield Qualifying Standards

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(c)

Housing Yield Qualifying Standards Comprehensive development of a site shall deliver a minimum density of 30 households per hectare (1 unit per 330m2), and a maximum density of 65 households per hectare (1 unit per 150m2).

Location Qualifying Standards (d)

Location Qualifying Standards i.

Plan as at 6

Accessibility Criteria Qualifying sites shall lie fully within all of the following four criteria1: a. 800 metres EDM walking distance of: 1. Central City Business Zone as at 6 December 2013; 2. Central City Mixed Use Zone as at 6 December 2013; 3. an area that was zoned Business 2 in the Operative District December 2013; and 4. an EDM qualifying supermarket; and b.

or an Open Space 4,000m²; and

800 metres EDM walking distance of: 1. either a primary or intermediate school; and 2. 400 metres EDM walking distance of an Open Space 2 zone 1 zone that has an area greater than 3.

transport route. c. measured at a ii.

600 metres EDM walking distance of an EDM core public

For a. – c. where the walking route is bisected by an arterial road (refer Chapter 7 Appendix 12), the EDM walking distance shall be formal pedestrian crossing point. Constraint Criteria

a. No part of a qualifying site shall lie within1: b. Special Amenity Areas (Special Amenity Area) indentified in the City Plan as at 6 December 2013; or c. 400m of the boundary of an Industrial - Heavy zone; or d. The Riccarton wastewater interceptor catchment2; or e. The tsunami inundation area3. Notes: The Council shall maintain a publicly accessible database of all of the above criteria categories for the purposes of administering the rules. This criteria only applies until such time as asset improvement works remove this constraint. As set out in Environment Canterbury Report number R12/38 “Modelling coastal inundation in Christchurch an Kaiapoi from a South American Tsunami using topography from after the 2011 February Earthquake (2012), NIWA

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14.10.7 Built Form Standards and Standard Specific Assessment Matters: Comprehensive development under the Enhanced Development Mechanism shall comply with the following standards: (a)

Building Height Within 15m of the site boundary, the maximum height of any building shall not exceed 8m where the site adjoins the Suburban Residential zone. Across the rest of the proposal area the maximum building height shall not exceed 11m.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 i. ii.

iii.

(b)

Compatibility with the scale of other buildings in the surrounding area, and the extent to which building bulk is out of character with the local environment. Any effect of increased height on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings. The extent to which an increased height is necessary to enable more efficient, cost effective and/or practical use of the site, or the long term protection of significant trees or natural features on the site.

Sunlight and outlook for neighbours

Buildings shall not project beyond a building envelope constructed by recession planes from points 2.3m above boundaries with other sites as shown in Part 2, Appendix 1, Diagram C except that: i. where an internal boundary of a site abuts an access lot, access strip, or access to a rear lot, the recession plane may be constructed from points 2.3m above the furthest boundary of the access lot, access strip, or access to a rear lot or any combination of these areas; ii. where buildings on adjoining sites have a common wall along an internal boundary the recession planes shall not apply along that part of the boundary covered by such a wall. Note: The level of internal boundaries shall be measured from filled ground level except where the site on the other side of the internal boundary is at a lower level, then that lower level shall be adopted. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 i.

Any effect on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings.

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ii.

(c)

The extent to which the intrusion is necessary to enable more efficient, cost effective and/or practical use of the remainder of the site, or the long term protection of significant trees or natural features on the site.

Street scene

Buildings shall be set back a minimum of 4.5m from road boundaries, other than where a site has a road boundary that is subject to another standard in this Plan, except that: i.

ii.

iii.

where a garage has a vehicle door facing a road the garage door shall be set back a minimum of 4.5m unless the garage door(s) provided tilt or swing outwards, in which case the garage door shall be set back a minimum of 5.5m; where a garage has the vehicle door facing a shared accessway, the garage door shall be set back a minimum of 7m measured from the garage door to the furthest formed edge of the adjacent shared access unless the garage door(s) provided tilt or swing outwards, in which case the garage door shall be set back a minimum of 8m; for residential units fronting the street; garages, carports, and other accessory buildings (excluding basement car parking and swimming pools) shall be located at least 1.2m further from the road boundary than the front facade of any ground level habitable room of that unit.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under rule Rule 14.10.9 i.

ii.

iii. iv.

(d)

The extent to which the proposed building will detract from the coherence, openness and attractiveness of the site as viewed from the street and adjoining sites, including the ability to provide adequate opportunity for garden and tree planting in the vicinity of road boundaries. The extent to which the intrusion is necessary in order to allow more efficient, cost effective and/or practical use of the remainder of the site or the long-term protection of significant trees or natural features on the site. The ability to provide adequate parking and manoeuvring space for vehicles clear of the road or shared access in respect of traffic and pedestrian safety. The effectiveness of other factors in the surrounding environment in reducing the adverse effects, such as existing wide road widths, street plantings and the orientation of existing buildings on adjoining sites.

Separation from neighbours i. ii.

iii.

Buildings that adjoin an access lot, access strip, or access to a rear site shall be set back a minimum of 1m from that part of an internal boundary of a site. Accessory buildings which face the ground floor window of a habitable room on an adjoining site shall be set back a minimum of 1.8m from that neighbouring window for a minimum length of 2m either side of the window. In all other instances buildings shall be set back a minimum of 1.8m from internal boundaries of a site.

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except that: a.

b.

c.

d.

iv.

No set back is required from an access lot or access strip on the same site, provided that any windows on the ground floor facing and within 1m of the access lot or access strip are non-opening; Other than provided in (b) above, no setback for accessory buildings is required, provided the total length of walls or parts of accessory buildings facing and located within the set back is less than 9m; No set back is required along that part of an internal boundary where buildings on adjoining sites have a common wall along the internal boundary; No set back is required for basements, provided that any part of a basement located within 1.8m of an internal boundary is wholly below ground level.

Parts of a balcony or any window of a living area at first floor level or above shall not be located within 4m of an internal boundary of a site, except that this shall not apply to a window at an angle of 90o or greater to the boundary, or a window or balcony which begins within 1.2m of ground level (such as above a garage which is partly below ground level).

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 Any effect of proximity of the building on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings. ii. Any adverse effect on the safe and efficient operation of site access. iii. The ability to provide adequate opportunities for garden and tree plantings around buildings. iv. The extent to which the intrusion is necessary to enable more efficient, cost effective and/or practical use of the remainder of the site, or the long term protection of significant trees or natural features on the site.

i.

(e)

Minimum unit size, and mix of units i.

The minimum net floor area for any residential unit (excluding car parking, garaging, or balconies allocated to each unit) shall be: No. of Bedrooms 1 bedroom 2 bedroom 3 bedroom or more

ii.

Minimum Net Floor Area 45m2 70m2 90m2

Where 6 or more residential units are proposed as part of a multi-unit residential complex, there shall be a mix of at least two unit size types ranging across 1, 2, 3 or more bedrooms. No unit size type shall account for more than two thirds of the overall number of units on a site.

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Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 i. ii. iii. iv.

v.

(f)

The extent to which the area of the unit/s will maintain amenity for residents and the surrounding neighbourhood. The extent to which other on-site factors may compensate for a reduction in unit sizes e.g. communal facilities. The nature and duration of activities proposed on site which may warrant a reduced unit size to operate e.g. very short term duration. The balance of unit mix and unit sizes within the overall development such that a minor reduction in the area of a small percentage of the overall units may be warranted. Whether the units are to be operated by a social housing agency within the definition of social housing and have been specifically designed to meet atypical housing needs.

Ground floor habitable space i. ii.

Any residential unit facing a road or public space, unless built over an accessway, shall have a habitable space located at ground level. At least 50% of all residential units within a comprehensive development shall have a habitable space located at the ground level.

Each habitable space located at the ground level shall have a minimum floor area of 12m2 and a minimum internal dimension of 3m. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 i.

ii.

(g)

The extent to which engagement between residential activity and ground level open space, including the street, is adversely impacted by the loss or reduction of a habitable space at ground level. The ability of an undersized habitable space to continue to be used for functional residential activity.

Outdoor Living Space i.

For residential units with 2 or more bedrooms a minimum of 30m2 of outdoor living space shall be provided on site for each residential unit, and shall not be occupied by parking or access. The required outdoor living space can be in a mix of private and communal areas, at the ground level or in balconies provided that: a. Each unit shall have private outdoor living space of at least 16m2 in total. The balance of the outdoor living space required for each residential unit may be provided as communal space; b. Private outdoor living space shall have a minimum dimension of 4m when provided at ground level and a minimum dimension of 1.5m when provided by a balcony;

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c. d. e.

ii.

iii.

At least one private outdoor living space shall be directly accessible from a living area of that unit; Outdoor living space provided as a communal space shall be accessible for use by all units and shall have a minimum dimension of 4m; 50% of the outdoor living space required across the entire site shall be provided at ground level.

For one bedroom residential units on the ground floor a minimum of 16m2 private outdoor living space with a minimum dimension of 4m shall be provided on site for each residential unit, and shall not be occupied by parking or access. For one bedroom residential units entirely at an upper level at total of 16m2 of outdoor living space shall be provided on site for each residential unit provided that: a. one space can be a private balcony with a minimum area of 6m2 and a minimum dimension of 1.5m; b. the balance 10m2 can be provided in a communal space.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under 14.10.9 : i.

ii. iii. iv.

(h)

The extent to which outdoor living areas provide useable space, contribute to overall on-site spaciousness and enable access to sunlight throughout the year for occupants. The accessibility and convenience of outdoor living space for occupiers. The extent and quality of communal outdoor living space or other open space amenity to compensate for any reduction in private outdoor living space. The extent to which a reduction in outdoor living space will result in retention of mature on-site vegetation or adversely affect spaciousness of the surrounding area.

Service, Storage, and Waste Management Spaces

Each residential unit shall be provided with: i. ii. iii.

an outdoor service space and waste management area of 5m2 with a minimum dimension of 1.5m; and a single, indoor storage space of 4m3 with a minimum dimension of 1m; and any space designated for waste management, whether private or communal, shall not be located between the road boundary and any habitable room and shall be screened from adjoining sites, conservation or open space zones, roads, and adjoining outdoor living spaces to a height of 1.5 metres.

Except that If a communal waste management area is provided within the site:

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i. the minimum required outdoor service space may be reduced to 3m2 for each residential unit; and ii. it must be demonstrated to be: a.

of a sufficient size to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units; b. accessible and safe for use by all residents; and c. easily accessible for the collection of bins by waste management contractors. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under 14.10.9 : i. ii.

(i)

The extent to which the alternative provision for storage facilities, affects the convenience and accessibility of those facilities for building occupiers. The extent to which storage facilities are visually integrated, screened or otherwise accommodated to minimise adverse amenity or visual impacts on surrounding properties (including units within the same development) or public spaces.

Landscaping and tree planting i. ii. iii.

iv.

A minimum of 20% of the site shall be provided for landscaping (which may include private or communal outdoor living space). A tree shall be planted inside the site adjacent to the road boundary for every 10 metres of road boundary, or part thereof. In addition to the trees required by rule (b) above, all sites shall be planted with a minimum of one tree for every 250m2 of gross site area (prior to subdivision), or part thereof. All trees shall be of a species capable of reaching a minimum height at maturity of 4 metres and shall be not less than 1.5 metres high at the time of planting.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 : i.

(j)

Any reduction in landscaping on the amenity of the site and for neighbouring properties, including the street or other public open spaces.

Acoustic Insulation

Any habitable space within a residential unit which is within: i.

40 metres of the edge of the nearest marked traffic lane of a Arterial Road, or a railway line; or

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ii.

20 metres of the edge of the nearest marked traffic lane of a Collector Road as defined in Chapter 7 Appendix 12 shall achieve a minimum external to internal noise reduction of 30 dBA (Dtr, 2m, nT).

Notes: 1.Compliance with this rule may be achieved by ensuring any construction is in accordance with the acceptable solutions listed in former Part 11, Appendix 1. No alternative ventilation is required in situations where the rule is only met with windows closed. Alternatively, compliance with the rule can be achieved through certification by a qualified acoustic engineer that the design is capable of achieving compliance with the performance standard. 2. Where no traffic lane is marked, the distances stated shall be measured from 2m on the road ward side of the formed kerb. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under rule Rule 14.10.9 : i.

(k)

The extent to which a reduced level of acoustic insulation may be acceptable due to mitigation of adverse noise impacts through other means, e.g. screening by other structures.

Parking Space Numbers i. ii.

iii.

A minimum of 1 car parking space shall be provided for each residential unit. Parking areas shall be screened on internal boundaries by landscaping, wall(s), fence(s), or a combination of these to a minimum height of 1.5m from any adjoining site. Where this screening is by way of landscaping it shall be for a minimum depth of 1.5m. A minimum of 1 cycle space shall be provided at ground level for each residential unit except where parking for that unit is provided in a garage.

Note: this development standard applies in place of any equivalent minimum or maximum car or cycle parking requirement for the underlying zone in Chapter 7 of this Plan. i.

ii. iii. iv. v. vi.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under rule Rule 14.10.9 : Any adverse effects on the safety or efficiency of the surrounding transport network, including continued use of on-street parking opportunities. The effectiveness of any alternative parking arrangement, including having regard to accessibility, safety and amenity within the site and for the surrounding area. Whether the provision for cyclists is adequate and practicable having regard to the needs of residents of the site. The extent to which cycle parking facilities are designed and located to match the needs of residents of the site. The extent to which parking areas are visually integrated, screened or otherwise accommodated to minimise adverse amenity or visual impacts on surrounding properties (including units within the same development) or public spaces.

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(l)

Maximum building coverage within of Enhanced Development Mechanism proposal areas

The maximum percentage of the gross area covered by buildings within proposals using the Enhanced Development Mechanism shall be 40%. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 : Whether the scale of development on the site is appropriate to its context, taking into account: i. The balance of open space and buildings within the Medium Density Suburban Residential Zone, or the maintenance of a lower density, open, landscaped residential character within the Suburban Residential Density Overlay area. ii. Any visual dominance of the street resulting from a proposed building’s incompatible scale. iii. Any reduction in site density that is accompanied by the proposed building complying with other built form standards so that the outcome is a small building that is in proportion with a small site.

14.10.8 Information Requirements for Applications – Enhanced Development Mechanism Any application for resource consent using the Enhanced Development Mechanism must include a ‘design statement’ (prepared by an expert suitably qualified in Architecture or Urban Design). A design statement outlines the design justification of the proposal, examines local character and site constraints, and explains the vision and concept of the proposal in terms of how it will contribute to creating a high quality development that responds positively to the surrounding context. Contextual plans illustrating the proposal within the surrounding environment should be included.

14.10.9 Assessment Matters for Restricted Discretionary Activities – Enhanced Development Mechanism and Community Housing Redevelopment Mechanism The extent to which the development, while bringing change to existing environments: (a)

Engages with and contributes to adjacent streets and public open spaces with regard to fencing and boundary treatments, sightlines, building orientation and setback, configuration of pedestrian entrances, windows and internal living areas within buildings, and if on a corner site is designed to emphasise the corner.

(b)

Integrates access, car parking and garaging in a way that is safe for pedestrians and cyclists, and that does not dominate the development, particularly when viewed from the street or other public spaces.

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(c)

Retains or responds to existing character buildings or established landscape features on the site, particularly mature trees, which contribute to the amenity of the area.

(d)

Responds appropriately to its context with respect to subdivision patterns, scale of buildings, degree of openness, building materials and design styles.

(e)

Is designed to incorporate Crime Prevention Through Environmental Design (CPTED) principles, including effective lighting, passive surveillance, management of common areas and clear demarcation of boundaries and legible entranceways.

(f)

Has had regard to residential amenity for occupants and neighbours, in respect of outlook, privacy, noise, odour, light spill, weather protection, and access to sunlight, through site design, building, outdoor living and service/storage space location and orientation, internal layouts, landscaping and use of screening.

(g)

Creates visual quality and interest through the separation of buildings, variety in building form, distribution of walls and openings, and in the use of architectural detailing, glazing, materials, and colour.

(h)

Incorporates environmental efficiency measures in the design, including passive solar design principles that provide for adequate levels of internal natural light and ventilation.

(i)

Specified staging and timing requirements are provided to ensure development is undertaken in a coordinated and timely fashion.

And in addition for the Community Housing Redevelopment Mechanism: (j)

Contributes to delivering any relevant area Master Plan or otherwise demonstrates opportunities to improve the local area.

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14.11

Community Housing Redevelopment Mechanism

14.11.1 How to use these rules

14.11.2 CHRM Restricted Discretionary Activities ACTIVITY

Matters of Discretion

RD1 Proposals to use the Community Housing Redevelopment Mechanism on sites located within the CHRM areas shown on Rule 14.11.6 Maps 1- 10 that are not in breach of the development standards in Rule 14.11.4 (a) – (I) inclusive.

RD 2 Proposals to use the Community Housing Redevelopment Mechanism on sites located within the CHRM areas shown on Rule 14.11.6 Maps 1 – 10, that do not comply with one or more of the built form standards in Rule 14.11.4 (a) – (I) inclusive.

Matters set out in Rule 14.10.9

The listed assessment matters for the built form standard or standards that not met in Rule 14.11.4 (a) – (i) inclusive. Matters set out in Rule 14.10.9

Resource consent applications in relation to these rules shall not be publicly or limited notified.

14.11.3 CHRM Non-Complying Activities ACTIVITY NC 1

Proposals to use the Community Housing Redevelopment Mechanism on sites not located within the within the CHRM areas shown on Rule 14.11.6 Maps 1 – 10 NC 2 Proposals to use the Community Housing Redevelopment Mechanism that do not comply with Rule 14.11.4 (m) Community Housing Site Size NC 3 Proposals to use the Community Housing Redevelopment Mechanism that do not comply with Rules 14.11.4 (n) Community Housing Unit Proportion and Yield.

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NC 4 Proposals to use the Community Housing Redevelopment Mechanism that do not comply with former Part 2 Rule 2-2.4.9 Aircraft Noise Exposure.

14.11.4 CHRM built form standards (a)

Building Height

Within 15m of the site boundary, the maximum height of any building shall not exceed 8m where the site adjoins the Suburban Residential Zone and the Suburban Residential Density Overlay area. Across the rest of the proposal area the maximum building height shall not exceed 11m. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

(b)

Compatibility with the scale of other buildings in the surrounding area, and the extent to which building bulk is out of character with the local environment. ii. Any effect of increased height on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings. iii. The extent to which an increased height is necessary to enable more efficient, cost effective and/or practical use of the site, or the long term protection of significant trees or natural features on the site. Sunlight and outlook for neighbours

Buildings shall not project beyond a building envelope constructed by recession planes from points 2.3m above boundaries with other sites as shown in Part 2, Appendix 1, Diagram C, except that: i.

ii.

where an internal boundary of a site abuts an access lot, access strip, or access to a rear lot, the recession plane may be constructed from points 2.3m above the furthest boundary of the access lot, access strip, or access to a rear lot or any combination of these areas; where buildings on adjoining sites have a common wall along an internal boundary the recession planes shall not apply along that part of the boundary covered by such a wall.

Note: The level of internal boundaries shall be measured from filled ground level except where the site on the other side of the internal boundary is at a lower level, then that lower level shall be adopted. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 : i.

Any effect on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings. 188

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ii.

(c)

The extent to which the intrusion is necessary to enable more efficient, cost effective and/or practical use of the remainder of the site, or the long term protection of significant trees or natural features on the site.

Street scene

Buildings shall be set back a minimum of 4.5m from road boundaries, other than where a site has a road boundary that is subject to another standard in this Plan, except that: i.

ii.

iii.

iv.

where a garage has a vehicle door facing a road the garage door shall be set back a minimum of 4.5m unless the garage door(s) provided tilt or swing outwards, in which case the garage door shall be set back a minimum of 5.5m where a garage has the vehicle door facing a shared accessway, the garage door shall be set back a minimum of 7m measured from the garage door to the furthest formed edge of the adjacent shared access unless the garage door(s) provided tilt or swing outwards, in which case the garage door shall be set back a minimum of 8m; for residential units fronting the street; garages, carports, and other accessory buildings (excluding basement car parking and swimming pools) shall be located at least 1.2m further from the road boundary than the front facade of any ground level habitable room of that unit. on properties fronting Emmet Street the setback shall be 6.5m.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

ii.

iii. iv

(d)

The extent to which the proposed building will detract from the coherence, openness and attractiveness of the site as viewed from the street and adjoining sites, including the ability to provide adequate opportunity for garden and tree planting in the vicinity of road boundaries. The extent to which the intrusion is necessary in order to allow more efficient, cost effective and/or practical use of the remainder of the site or the long-term protection of significant trees or natural features on the site. The ability to provide adequate parking and manoeuvring space for vehicles clear of the road or shared access in respect of traffic and pedestrian safety. The effectiveness of other factors in the surrounding environment in reducing the adverse effects, such as existing wide road widths, street plantings and the orientation of existing buildings on adjoining sites.

Separation from neighbours i. ii.

Buildings that adjoin an access lot, access strip, or access to a rear site shall be set back a minimum of 1m from that part of an internal boundary of a site. Accessory buildings which face the ground floor window of a habitable room on an adjoining site shall be set back a minimum of 1.8m from that neighbouring window for a minimum length of 2m either side of the window.

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iii.

In all other instances buildings shall be set back a minimum of 1.8m from internal boundaries of a site. except that: a. No set back is required from an access lot or access strip on the same site, provided that any windows on the ground floor facing and within 1m of the access lot or access strip are non-opening; b. Other than provided in ii. above, no setback for accessory buildings is required, provided the total length of walls or parts of accessory buildings facing and located within the set back is less than 9m; c. No set back is required along that part of an internal boundary where buildings on adjoining sites have a common wall along the internal boundary; d. No set back is required for basements, provided that any part of a basement located within 1.8m of an internal boundary is wholly below ground level; e. Parts of a balcony or any window of a living area at first floor level or above shall not be located within 4m of an internal boundary of a site, except that this shall not apply to a window at an angle of 90o or greater to the boundary, or a window or balcony which begins within 1.2m of ground level (such as above a garage which is partly below ground level). Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule 14.10.9 i.

Any effect of proximity of the building on the amenity of neighbouring properties, including through loss of privacy, outlook, overshadowing or visual dominance of buildings. ii. Any adverse effect on the safe and efficient operation of site access. iii. The ability to provide adequate opportunities for garden and tree plantings around buildings. iv. The extent to which the intrusion is necessary to enable more efficient, cost effective and/or practical use of the remainder of the site, or the long term protection of significant trees or natural features on the site.

(e)

Minimum unit size i.

The minimum net floor area for any residential unit (excluding car parking, garaging, or balconies allocated to each unit) shall be: No. of Bedrooms 1 bedroom 2 bedroom 3 bedroom or more

Minimum Net Floor Area 45m2 70m2 90m2

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 :

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i. ii. iii.

(f)

The extent to which the area of the unit/s will maintain amenity for residents and the surrounding neighbourhood. The extent to which other on-site factors may compensate for a reduction in unit sizes e.g. communal facilities. The nature and duration of activities proposed on site which may warrant a reduced unit size to operate e.g. very short term duration.

Ground floor habitable space i.

Any residential unit facing a road or public space, unless built over an accessway, shall have a habitable space located at ground level. ii. At least 50% of all residential units within a comprehensive development shall have a habitable space located at the ground level. iii. Each habitable space located at the ground level shall have a minimum floor area of 12m2 and a minimum internal dimension of 3m. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

(g)

The extent to which engagement between residential activity and ground level open space, including the street, is adversely impacted by the loss or reduction of a habitable space at ground level. ii. The ability of an undersized habitable space to continue to be used for functional residential activity. Outdoor Living Space i.

For residential units with 2 or more bedrooms a minimum of 30m2 of outdoor living space shall be provided on site for each residential unit, and shall not be occupied by parking or access. The required outdoor living space can be in a mix of private and communal areas, at the ground level or in balconies provided that: a.

b.

c. d. e.

ii.

Each unit shall have private outdoor living space of at least 16m2 in total. The balance of the outdoor living space required for each residential unit may be provided as communal space. Private outdoor living space shall have a minimum dimension of 4m when provided at ground level and a minimum dimension of 1.5m when provided by a balcony. At least one private outdoor living space shall be directly accessible from a living area of that unit. Outdoor living space provided as a communal space shall be accessible for use by all units and shall have a minimum dimension of 4m; 50% of the outdoor living space required across the entire site shall be provided at ground level.

For one bedroom residential units on the ground floor a minimum of 16m2 private outdoor living space with a minimum dimension of 4m shall be provided on site for each residential unit, and shall not be occupied by parking or access.

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iii.

For one bedroom residential units entirely at an upper level at total of 16m2 of outdoor living space shall be provided on site for each residential unit provided that: a. one space can be a private balcony with a minimum area of 6m2 and a minimum dimension of 1.5m. b. the balance 10m2 can be provided in a communal space.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

ii. iii. iv.

(h)

The extent to which outdoor living areas provide useable space, contribute to overall on-site spaciousness and enable access to sunlight throughout the year for occupants. The accessibility and convenience of outdoor living space for occupiers. The extent and quality of communal outdoor living space or other open space amenity to compensate for any reduction in private outdoor living space. The extent to which a reduction in outdoor living space will result in retention of mature on-site vegetation or adversely affect spaciousness of the surrounding area.

Service, Storage, and Waste Management Spaces Each residential unit shall be provided with: i an outdoor service space and waste management area of 5m2 with a minimum dimension of .1.5m; and ii. a single, indoor storage space of 4m3 with a minimum dimension of 1m; and iii. any space designated for waste management, whether private or communal, shall not be located between the road boundary and any habitable room and shall be screened from adjoining sites, conservation or open space zones, roads, and adjoining outdoor living spaces to a height of 1.5 metres. Except that If a communal waste management area is provided within the site: a.

the minimum required outdoor service space may be reduced to 3m2 for each residential unit; and

b.

it must be demonstrated to be: 1.

2. 3.

of a sufficient size to accommodate the number and dimensions of bins required to meet the predicted volume of waste generated by the residential units; and accessible and safe for use by all residents; and easily accessible for the collection of bins by waste management contractors.

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Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

(i)

The extent to which the alternative provision for storage facilities, affects the convenience and accessibility of those facilities for building occupiers; ii. The extent to which storage facilities are visually integrated, screened or otherwise accommodated to minimise adverse amenity or visual impacts on surrounding properties (including units within the same development) or public spaces. Landscaping and tree planting i. ii. iii.

iv.

A minimum of 20% of the site shall be provided for landscaping (which may include private or communal outdoor living space). A tree shall be planted inside the site adjacent to the road boundary for every 10 metres of road boundary, or part thereof. In addition to the trees required by rule ii above, all sites shall be planted with a minimum of one tree for every 250m2 of gross site area (prior to subdivision), or part thereof. All trees shall be of a species capable of reaching a minimum height at maturity of 4 metres and shall be not less than 1.5 metres high at the time of planting.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

(j)

Any reduction in landscaping on the amenity of the site and for neighbouring properties, including the street or other public open spaces.

Acoustic Insulation

Any habitable space within a residential unit which is within: i.

40 metres of the edge of the nearest marked traffic lane of a Minor Arterial, or Major Arterial Road, or a railway line; or

ii

20 metres of the edge of the nearest marked traffic lane of a Collector Road as defined Chapter 7 shall achieve a minimum external to internal noise reduction of 30 dBA (Dtr, 2m, nT).

Notes: Compliance with this rule may be achieved by ensuring any construction is in accordance with the acceptable solutions listed in former Part 11, Appendix 1. No alternative ventilation is required in situations where the rule is only met with windows closed. Alternatively, compliance with the rule can be achieved through certification by a qualified acoustic engineer that the design is capable of achieving compliance with the performance standard. Where no traffic lane is marked, the distances stated shall be measured from 2m on the road ward side of the formed kerb.

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Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i.

(k)

The extent to which a reduced level of acoustic insulation may be acceptable due to mitigation of adverse noise impacts through other means, e.g. screening by other structures.

Parking Space Numbers i. ii.

iii.

A minimum of 1 car parking space shall be provided for each residential unit. Parking areas shall be screened on internal boundaries by landscaping, wall(s), fence(s), or a combination of these to a minimum height of 1.5m from any adjoining site. Where this screening is by way of landscaping it shall be for a minimum depth of 1.5m. A minimum of 1 cycle space shall be provided at ground level for each residential unit except where parking for that unit is provided in a garage.

Note: this development standard applies in place of any equivalent minimum or maximum car or cycle parking requirement for the underlying zone in Chapter 7 of this Plan. Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : i. ii. iii. iv. v.

Any adverse effects on the safety or efficiency of the surrounding transport network, including continued use of on-street parking opportunities; The effectiveness of any alternative parking arrangement, including having regard to accessibility, safety and amenity within the site and for the surrounding area; Whether the provision for cyclists is adequate and practicable having regard to the needs of residents of the site; The extent to which cycle parking facilities are designed and located to match the needs of residents of the site; The extent to which parking areas are visually integrated, screened or otherwise accommodated to minimise adverse amenity or visual impacts on surrounding properties (including units within the same development) or public spaces.

(l) Maximum building coverage within of Community Housing Redevelopment Mechanism proposal areas i.

The maximum percentage of the gross area covered by buildings within proposals using the Community Housing Redevelopment Mechanism shall be 40%.

Resource consent applications for non-compliance with this rule shall only be assessed against the following matters in addition to those specified under Rule14.10.9 : Whether the scale of development on the site is appropriate to its context, taking into account:

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i. Any visual dominance of the street resulting from a proposed building’s incompatible scale. ii. Any reduction in site density that is accompanied by the proposed building complying with other built form standards so that the outcome is a small building that is in proportion with a small site. (m)

Community Housing Site Size Sites shall be: i. of a size greater than 1500m2 and less than 10,000m2; and ii. in one continuous block of land.

(n)

Community Housing Unit Proportion and Yield i. Proposals to use the CHRM shall demonstrate that community housing units will comprise: a. at least one third of the residential unit yield; or b. a quantity equal to the amount of community housing units on the application site either occupied or unoccupied at 6 December 2013. whichever is the greater. ii. Comprehensive development of a site under the CHRM shall deliver a minimum density of 30 households per hectare (1 unit per 330m2), and a maximum density of 65 households per hectare (1 unit per 150m2).

14.11.5 Information Requirements for Applications – Community Housing Redevelopment Mechanism Any application for resource consent using the Community Housing Redevelopment Mechanism must include a ‘design statement’ (prepared by an expert suitably qualified in Architecture or Urban Design). A design statement outlines the design justification of the proposal, examines local character and site constraints, and explains the vision and concept of the proposal in terms of how it will contribute to creating a high quality development that responds positively to the surrounding context. Contextual plans illustrating the proposal within the surrounding environment should be included.

14.11.6 Maps 1 - 10 Map 1 – Broomfield (Hornby) Map 2

Church Corner

Map 3

Wairakei / Greers

Map 4

Bishopdale 195

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Map 5

Papanui / Northlands

Map 6

Northcote Road

Map 7

Rowley (Hillmorton)

Map 8

Shirley

Map 9

Dallington

Map 10

Aranui

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Appendix A Homestar and Lifemark Homestar and Lifemark development standard process The approval process for the proposed Homestar and Lifemark development standard is provided in Figure 1. It starts with the building developer assessing their design against the Homestar and Lifemark standards. The developer must submit their proposal along with their assessment against the Homestar and Lifemark standards to the City Council as part of their Project Information Memorandum (PIM). The Council will then check the PIM against the operative City Plan (that includes the proposed Homestar and Lifemark development standards) and advise the building developer of any requirements or resource consent matters. The development could proceed as a ‘Permitted Activity’ if the proposal meets the City Plan. If the design fails to meet the City Plan rules the building developer could: 1. Modify the building design or product specifications and resubmit their PIM to the City Council. 2. Apply to the City Council Self assessment for achievement of HomeStar and Lifemark development standard for a restricted discretionary activity resource consent. Project Information Memorandum (PIM). Development checked with City Plan

Figure 1. Homestar and Lifemark

Verify development standard achieved

Achieved

Approval process for the development standard

Not achieved Restricted Discretionary Activity

Modify building Design or apply for resource consent

Resource consent process

Permitted Activity

Approved Building Consent

Consent approval process

Building Construction Declined CCC City Plan Check

Key Building Developer Christchurch City Council

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Weblinks to tools:www.lifemark.co.nz www.homestar.org.nz

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