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Example District Plan rules

The following examples are hypothetical representations of rules written in accordance with best practice guidelines. While not shown here, cross references to policies and objectives would be appropriate.

The formats in the following rules are for example purposes only. Their purpose is to demonstrate how rules could be worded and possibly linked within a rule and to other rules.

An alternative to listing activities under each activity class is tabulate them. Some existing plans take this concept further by having all the rules written up as a table (for example New Plymouth District Plan).

Tables

A table that outlines rules is useful for two reasons. First, it can be used as a drafting tool to test the thresholds for rules. It provides an effective way of checking rules that overlap or repeat, and finding gaps. It also lets practitioners review the cumulative effect of all the rules applicable (eg for activity consent status).

Second, tables can be used to confirm which rules apply in different parts of the district/region and for which activities.

Italics are used here to denote terms that would be included in the definitions section of the district plan.

Permitted Activity Rules: Example 1

Permitted activities

12.1.1.1 Permitted Activities

The following activities are permitted in the Residential A zone provided that they comply with the permitted activity requirements, conditions and permissions:

  1. Residential activities;
  2. Home based businesses;
  3. Temporary Events.

 Permitted activity requirements, conditions and permissions

12.1.1.2 Residential Amenity

  1. The height of any building or structure in the Residential A zone shall not exceed 10 metres.
  2. The following separation distances shall be provided between buildings and lot boundaries:
    1. Front boundary: 2.5 metres
    2. Side boundaries: 1.5 metres
    3. Rear boundaries: 2.0 metres
  3. Noise from any activity in the Residential A zone shall not exceed:
    1. 7am to 7pm Monday to Saturday: 50 dBA (L10)
    2. 7pm to 10pm Friday and Saturday: 45 dBA (L10)
    3. All other times: 40 dBA (L10).
  4. In addition to (b), no single noise event shall exceed 75 dBA (LMax) between the hours of 10pm and 7am.
  5. Noise shall be measure in accordance with NZS: XXXX.

12.1.1.3: Home-based Businesses

  1. Home-based businesses shall not employ more than two persons (whether resident or not) on any site or in any building on that site.
  2. No equipment, materials, products, by-products or refuse associated with the home-based business shall be stored outside the building or buildings from which the business operates.
  3. Etc.,

12.1.1.4: Traffic and Parking

All activities in the Residential A zone shall comply with the traffic management and parking standards contained in rule 9.5.5.3.

Permitted Activity Rules: Example 2

Rural A zone 

Permitted Activities

Activity

Requirements, conditions and permissions to be complied with

Non-compliance

Applicable objectives and policies

Rule 21.1.2.1

Temporary Events (refer section 10.1 for definition)
  1. The temporary event shall occur no more than 4 times within a calendar year;
  2. No temporary event shall exceed a maximum of 3 consecutive days ' duration;
  3. No temporary event shall operate or take place outside the hours of:
    1. 7am to 10pm Monday to Saturday; and
    2. 9am to 9pm Sunday;
  4. Any single structure associated with a temporary event shall not exceed:
    1. 12 metres in height; or
    2. A floor area, or impermeable surface coverage area, of 30m2.

Any activity that does not comply with the requirements, conditions and permissions is a restricted discretionary activity (refer rule 21.1.5.1).

Objective:

9.3

Policies:

9.3.1

9.3.3

9.3.4

Controlled Activity Rule: Example 1

Controlled activities

12.1.2.1 Controlled Activities

The following activities are controlled in the Residential A zone provided they comply with requirements, conditions and permissions set out in rule 12.1.2.2 and 12.1.2.3:

  1. Subdivision for the purpose of boundary adjustment;
  2. Subdivision to create service corridors for network utilities.

Controlled activity requirements, conditions and permissions

12.1.2.2 Boundary Adjustments

  1. The lots affected by the boundary alteration shall continue to comply with the minimum lot sizes for the Residential A zone set out in rule 12.1.1.6; or
  2. Where the boundary alteration affects lots that are smaller than the minimum permitted size for the Residential A zone, the boundary alteration should not result in any further reduction in lot size; and
  3. Boundary alternations must not deny access to any lot that has existing access to, or legal frontage to a road.

12.1.2.3 Subdivision for Services

  1. New lots created to provide a corridor for services must not extinguish another existing lot 's legal frontage or access to a road.
  2. …

Matters of control

12.1.2.4 Matters of Control for Boundary Adjustments:

The matters over which the Whatsup District Council retains control for the purposes of rule 12.1.2.1(a) are:

  1. The size of lots that would exist after a boundary adjustment; and
  2. Legal and physical access to and from lots affected by the boundary adjustment.

12.1.2.5 Matters of Control for Creation of Service Corridor Lots

The matters over which the council retains control for the purposes of rule 12.1.2.1(b) are: …

Controlled Activity Rule: Example 2

Wharetawhito Heritage Policy Area

(Planning maps B7, C7, and D8)

Controlled Activities

Activity

Requirements, conditions and permissions to be complied with

Matters over which the council reserves control:

Applicable objectives and policies

Rule: 7.2.1.1

External minor modifications or alteration to category 2 heritage buildings and structures in the Wharetawhito Heritage Area

  1. The permitted activity requirements in rule 7.1.1.1(a) -(d) for height, scale, location and site coverage;
  2. External minor modifications or alterations shall be constructed from the same materials as the building or structure being modified or altered;
  3. External minor modifications or alterations shall not result in the destruction, alteration or modification of any other building or structure other than which the consent was applied for;
  1. The design and external appearance of the minor modification or alteration;
  2. The external materials to used in the minor modification or alteration;
  3. Earthworks necessary for the completion of any minor modification or alteration.

Objectives:

3.3

3.4

Policies:

3.3.1

3.3.2

3.4.2

3.4.4

 Rule: 7.2.1.2

The external minor modifications or alterations of any category heritage building or structure in the Wharetawhito Heritage Policy Area that does not comply with the requirements, conditions and permissions in rule 7.2.1.1 is a discretionary activity.

Restricted Discretionary Activity Rule: Example 1

Restricted Discretionary Activities

12.2.3.1 Restricted Discretionary Activities

The following are restricted discretionary activities in the Residential A zone provided they comply with the requirements, conditions and permissions set out in rule 12.2.3.2.

  1. Activities in the Residential A zones that are not described as controlled, non-complying or prohibited, and that fail to comply with the permitted activity requirements for height and separation distances in rules 12.1.1.2 to 12.1.1.9.
  2. Home-based businesses employing more than two people at any site or in any building on that site.
  3. … 

Restricted discretionary requirements, conditions and permissions

12.2.3.2 Height and Separation

  1. The maximum height of any building or structure under 12.2.3.1(a) shall not exceed 15 metres.
  2. The footprint area of encroachment within any of the yards specified 12.2.12(b) shall not exceed more than 5 square metres, and no combination of structures on the site shall have an aggregate length of more than 5 metres along any one boundary.

Matters of discretion

12.2.3.3 Matters of Discretion

The matters over which Council will retain discretion are:

  1. The actual or potential adverse effects created by an increase in height over 10 metres.
  2. The actual or potential adverse effects created by a reduction in separation distances.
  3. … 

Discretionary Activity Rule: Example 1

Discretionary Activities

12.3.4.1 Unrestricted Discretionary Activities

The following are Discretionary Activities in the Residential A zone:

  1. Commercial activities other than home-based businesses.
  2. Any other activity that is not described as permitted, controlled, restricted discretionary or non-complying.

Non-complying Activity Rules: Example 1

Non-complying Activities

12.3.4.1 Non-complying Activities

The following are non-Complying activities in the Residential A zone:

  1. Buildings over 15 metres in height;
  2. Habitable or occupied buildings within the inner noise boundary of Whatamatu International Airport as shown in maps B12 and B14 of this plan;
  3. …

Prohibited Activity Rules: Example 1

12.6.5.1 Prohibited Activities

New buildings and permanent structures, other than those required for maritime navigation or approved erosion control works, are prohibited in the Horopari Extreme Risk Hazard Area shown on planning maps HA3 and HA4.

Note: No resource consent can be granted for a prohibited activity.

Example Rules for Notification Non-notification of Applications: Example 1

Rule 12.6.5.9: Controlled Activities

  1.  Pruning work on any notable tree listed in schedule 6 of this plan is a controlled activity, provided that the following terms and conditions are complied with:
    1. An arborist 's report shall be obtained and complied with for any pruning work that requires the removal of branches with a diameter of more than 40mm; and
    2. All pruning cuts shall be immediately sealed against infection, using a sealant that will not be harmful to the tree.
  2. Applications for activities that comply with 12.6.5.9(a) will not be notified.

Rules for Notification and Non-notification of Applications: Example 2

Rule 14.6.5.4s Non-notification

Consent applications made under 14.6.5.3 will not be notified or limited notified.