following information provides guidelines for developers of the matters
that Council will consider in assessing applications for discretionary
activities. Council reserves the right to consider additional matters
and impose additional conditions from those specified here.
extent to which the activity complies with the objectives and policies
of this Plan and meets the purpose of the performance standards
explained within each zone.
The matters included in the following:
i) Part 11; and
ii) Section 104 of the Resource Management Act.
Financial contributions listed in Section 7.7.
NZ will generally be consulted where setback requirements for 'Access
and Parking', 'Roadside Planting', 'Glare and Signs' do not meet the
standards for permitted activities that are adjacent to, visible from
or affect, the safe and efficient operation of State Highways.
Hours of Operation
of operation above that permitted will be considered in relation to the
amount of traffic likely to be generated, and the likely effect on the
character of the area. Where adverse effects can be mitigated by
upgrading road and/or intersection design or by other methods,
conditions may be imposed requiring these works to be paid for by the
developer. Where mitigation or conditions are not practicable, and the
capacity of the roading network or the expected level of vehicle trips
in the area will be affected, applications may be declined.
Gross Ground Floor Area of Buildings
to increase the size of buildings above that permitted or relocate
existing buildings will be considered with regard to the impact of the
building on the area. Design, colour, landscaping and screening will be
considered and where appropriate, conditions may be imposed to mitigate
the impact. The particular activity that the building will be used for
will also be considered with regards to its impact - for example a
large church may be considered appropriate within a residential area.
Height and Height in Relation to Boundary
relating to height of buildings will be considered with regard to the
effect on neighbours and the character of the area. Increased height
above that permitted as of right, will only be allowed where there are
exceptional circumstances and the building will not cause any more
shadow or more restriction of view of neighbours than if the building
was built to the permitted height. The effect on character will be
considered in relation to the statements on each policy unit and the
existing situation. For example, it will generally be inappropriate for
a tall building to establish where the area contains only buildings of
a much smaller scale, however if the location is particularly
appropriate and the activity is to be encouraged, then an application
may be granted.
Number of Dwellings Per Site in Residential Areas
the residential areas, increased numbers of dwellings will generally be
acceptable provided that measures to mitigate any adverse affects are
included in the proposal. Such measures should include sufficient
outdoor space for each unit, sufficient parking space, appropriate
design for the area, landscaping and separation from boundaries.
In Kumara Junction Developments, the need for an
extra dwelling will be considered, along with any potential effects on
the environment and neighbouring properties.
Number of Dwellings Per Site in Rural Areas
the rural area, up to 2 dwellings are allowed as a discretionary
activity. The need for an extra dwelling will be considered, along with
any potential effects on neighbouring properties. A second dwelling
will generally only be allowed where it is needed for staff to carry
out a farming activity on the site or where it is needed for a
dependent relative. The proposal must demonstrate an ability to meet
its own servicing needs and financial contributions may be required. It
is anticipated that sites where a second dwelling is applied for, will
be larger than average.
Dwellings in Industrial, Commercial and Tourist Zones
in the industrial, commercial and tourist zones should be linked to a
permitted activity on the site (for example custodial purposes). Where
neighbouring activities are likely to cause adverse effects on
residents, measures to mitigate effects such as screening and
insulation will be considered. Conditions requiring a dwelling not to
be sold separately from the other activity to which it relates may also
be considered. In cases where neighbouring activities are likely to
lead to an unacceptable health and safety risk for residents,
applications will be declined.
Setback from Road
to reduce the setback from the road will be considered in relation to
specific site factors, the character of the area and provision for
parking. Where most existing buildings in the area are set back from
the road, applications to significantly reduce the setback will not
normally be granted. As part of the reason for front yards
to provide extra space for parking in front of a dwelling, reduction in
the setback for a dwelling will also generally not be permitted if
there is insufficient space or access for two parking spaces behind the
front line of the dwelling. Specific site factors such as the need to
build forward of substantial trees will be considered as mitigating
factors. Reductions in setbacks for garages will be considered where
the garage will not cause a traffic hazard, landscaping is proposed and
the character of the area will not be adversely affected.
to reduce other setbacks will be considered where it can be
demonstrated that there are unlikely to be adverse effects on
to increase site coverage above that permitted will only be considered
where there are exceptional circumstances such as unusual site factors.
It must be demonstrated that the site coverage will not affect
neighbours or the character of the area.
for increased building length will only be granted where it can be
demonstrated that there will be no effect on neighbours especially in
relation to shadowing, or perceived dominance.
to modify places listed in Appendix A will be considered with regard to
the importance of the place. Where the modification will not affect the
historic integrity of the item, it will generally be supported. Where
the modification will assist in retaining the item, although affecting
some parts of it, the Council will also generally be supportive but may
require measures to mitigate the effect such as photos of the item
before it is modified. Where the application removes the historic merit
of the item or demolishes it, the Council will seek meetings with the
applicant and any other interested persons in order to develop
proposals for amending the application - whether the proposal is in
accordance with the principles of the ICOMOSNZ Charter.
resolves to place heritage protection authorities who have heritage
protection orders on buildings in Westland on a non-statutory register
for guidance on 'affected persons'.
addition to any other relevant considerations, Council shall have
regard to the following matters in respect of any application relating
to an item on Appendix A:
The category in which the resource is scheduled by the New Zealand
Historic Places Trust and the reasons why it has been scheduled
The nature, form and extent of the proposed development and the effect
of these factors on the character of the scheduled item
- Any conservation plan or assessment of environmental effects submitted with the application
- Whether the consent of the New Zealand Historic Places Trust has been obtained.
to reduce the amount of outdoor space per dwelling will be considered
where there are measures to mitigate the effect. Such measures could
include balconies, communal open spaces, landscaping or screening for
privacy. Proximity to public reserves may also be considered.
requirement for verandahs may be waived where adjoining buildings do
not have verandahs, there is little pedestrian traffic or the design of
the building is such to make a verandah inappropriate, or where a
listed item or historic building previously did not have a verandah or
where it is not possible for the verandah to be compatible with overall
design and appearance of the building.
Number of Employees
numbers of employees will be considered in relation to the likely
effect they will have on the amenity of the area and potential to
affect the viability of commercial areas. In particular, traffic
generation and noise will be considered. Measures to mitigate the
effect such as provision for parking may be imposed as conditions.
Distance of Buildings to Mean High Water Springs
to reduce the minimum distance of buildings from MHWS will be
considered where they will not affect water quality, public access to
and along the waterway, and the natural character in the area.
Buildings such as protective structures, public works and sewer
outfalls may be appropriate.
to direct stormwater other than as permitted, will be considered with
regard to the effect on natural resources and the effect on any
neighbouring properties and whether the owners of those properties
consent to the proposal.
to retain planting which may affect visibility or safety on the roads
will be considered with regard to the importance of the vegetation to
the amenity of the area, and the degree of danger likely.
for lighting which does not meet the requirements of the Plan will be
considered with regard to safety and the effect on any neighbouring
properties and whether the owners of those properties consent to the
for using hazardous substances in a manner which does not comply with
the Plan will be considered with regard to safety, and the neighbouring
to exceed the height controls and restrictions in the Airport
Protection zone will be considered with regard to safety and the
comments of the Hokitika Airport controlling authority.
Access and Parking
to waive or reduce any of the requirements and standards specified in
sections 8.9 and 8.10 shall be considered in relation to the following:
- Comments from Transit New Zealand.
The accessibility of the site and its physical characteristics to the
extent these affect the ability of the site to provide for access and
off-street parking space.
The current and probable future traffic volumes on adjoining roads
including any particular traffic problems in the locality.
Any impacts on the safety and efficiency of the road or State Highway,
traffic congestion and pedestrian/cycle/vehicle conflict in the
vicinity of the site.
The likely number of visits to the site by car, including service and
delivery vehicles or numbers of workers, residents, employed or
accommodated on the site such that it is below that normally expected
for that activity.
The amount of public off-street parking that is, or is planned to be,
available in the vicinity and whether this is sufficient to meet the
increase in parking demand created by the activity.
The number of customers or users of the site that are transported to it
by bus or other alternative transport such as cycling, train or
walking. Bus parking spaces may be required as an alternative to
- The impact on the amenities of neighbours, in particular in residential areas, of an increase in on-street parking.
The hours of operation of the activity and the potential for several
adjoining users to combine or reduce parking areas where off-street
parking is required at different times of the day or night.
Where loading and unloading is conducted between 6 p.m. and 8 am a
loading space may be dispensed with, as long as this function could
occur from a street park adjacent to the site.
for signs that do not comply with the performance standards for a
permitted activity set out in the rules for the relevant zone are a
discretionary activity. Such applications could include applications
for additional signage related to the activity occurring on the site,
or for larger signs with additional words or symbols.
discretionary activity applications for signs will be considered with
regard to the effects of the specific proposal on the environment,
including actual or potential effects on visual amenity and traffic
efficiency and safety as follows:
Impact on Visual Amenity. When assessing an application, the Council
will specifically consider actual or potential effects on the site and
its environs including whether the sign will obscure or detract from a
particularly significant building, view or landscape feature. In rural
areas, signs should not project above the visual horizon when viewed by
passing motorists. In all areas, the proposed materials and colours
should be sympathetic to the location.
Impact on Traffic Efficiency and Safety. When assessing an application,
the Council will specifically consider actual or potential effects on
the site and its environs in terms of traffic safety, including but not
o The legal and operating speed of the road
o Whether the sign will:
- obstruct the motorist’s view or dangerously
distract their attention from the driving task
obscure or obstruct visibility to other signs, including signs erected
by the road controlling authority for road safety or driver information
o The siting of the sign in relation to intersections
The visibility of the sign and the legibility of its content, including
consideration of the lettering size and height, numbers of words and
symbols and readability of the font used
o Whether light spill and glare will be directed away from the road
The potential distraction to road users from the driving task through
the use of illumination and flashing, rotating or moving signs or
o Provision of any mitigating safety
benefits through further or better identifying the activity on the site
to which the sign relates and clearly identifying its access points.
Signs directed at the State Highway will require written approval of Transit New Zealand.
- Other Matters. In assessing discretionary activity applications for signage, the Council will also consider:
The necessity of the sign for its proposed purpose, particularly if
there are other available means of conveying information, such as
Transit early warning signs or road information kiosks.
The number of other signs currently present in the locality or area and
whether approving the sign will result in a cumulative effect on either
traffic safety or amenity values.
o The need
to impose conditions relating to the location, design, appearance and
content of the sign and the period for which it may be erected or
The following are notes regarding applications for activities which are anticipated to frequently occur.
Applications to Sell Goods to the Travelling Public in the Rural zone
produce grown on site is permitted if incidental to an agricultural
activity. Any other sales are discretionary. Applications to sell goods
in the rural area will be considered with regard to scale, the
activities on that site and neighbouring sites, potential impacts on
the viability of settlements, and traffic impacts. Most of the goods
should be either made on the site (for example crafts) or be similar to
those grown on the site (for example different vegetables). Where
permission could lead
to business within
settlements losing viability, an application may be declined. Where
permission could lead to unacceptable traffic conflict, applications
may be declined, although measures to mitigate effects such as parking
and access will be considered. Consultation with Transit New Zealand
shall be required where the proposed activity is on a State Highway.
Minimum sight distances from accesses of rural selling places may be
set with reference to Transit NZ guidelines.
Applications for Odorous activities
to establish any odorous activity specified in Appendix G is a
discretionary activity. Applications to establish odorous activities
will be considered with regard to neighbouring land use and measures to
mitigate adverse effects. Where residents are likely to experience
strong smells, or the activity is likely to conflict with existing uses
nearby, applications may be declined. Buffers, insulation and good
management practices will be considered as mitigating factors.
Utilities under 6.4 (c) or (d)
The potential for co-siting the utilities and the extent to which the provider of the utility has investigated the potential.