Rule 12.13.1 Environmental Benefit; Rural Zone

Subdivision within the Rural zone (including Overlays) is a Restricted Discretionary Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the Environmental Benefits within the site is achieved; and
b) The entire feature is protected; and
c) The Environmental Benefit meets the minimum size requirements relevant to the type of environmental benefit proposed listed below:
i) An ’Ecological’ Environmental Benefit shall be a minimum of 0.5ha; and
ii) Where the total area of the Environmental Benefit is 9.0 hectares or more, this will be considered two Environmental Benefit Lots; or
iii) A ‘Landscape’ Environmental Benefit shall result in the whole of the portion of the identified landscape located on the parent lot being physically and legally protected; and
d) No more than three Environmental Benefit Lots can be created per site, and
e) On the lot which the Environmental Benefit is located, an area of at least 2,500m2 exclusive of the area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system; and
f) Any balance lot created must be a minimum net site area of 4,000m2; and
g) The proposed subdivision complies with the relevant Performance Standards in Section 12.10 and 12.15 of this Chapter.
h) Only one consent for a restricted discretionary (subdivision) activity in terms of a Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the provisions contained within this rule can be used only once for each specified portion of the site;
Note 1: Where an application is made under this provision, for an area of significant indigenous vegetation or significant habitat of indigenous fauna, the Department of Conservation the following shall be included as affected parties in terms of s93 and s94 of the Act:
Note 2: Refer to Part A: Chapter 9 Definitions for the definition of “Environmental Benefit”.
Assessment Criteria: Restricted Discretionary Activity.
Council will restrict its discretion over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision
i) The matters for control listed in Rule 12.12.1; and
ii) Whether and the extent to which the subdivision is in accordance with relevant Council adopted Design Guidelines;
iii) Where a site is within the Mangawhai Structure Plan area, whether and the extent to which the subdivision is in accordance with any adopted Structure Plans or Policy Guidance i.e. Mangawhai Structure Plan and Reserves and Open Space Strategy;
iv) Whether and the extent to which earthworks required for the provision of servicing, the location of building platforms, parking, manoeuvring and access are minimised;
v) Whether and the extent to which the subdivision is located close to existing residential settlements and avoids the need for provision of new or requirement for increased capacity of Council owned infrastructure and services to meet the needs of the development. Council will give consideration to the ability of the applicant to provide for the required upgrades by way of development and/or financial contributions;
vi) Whether and the extent to which the density of the subdivision and development avoids adverse effects on rural amenity, landscape, open space, heritage value, ecological values, riparian management, and the natural character of the rural and coastal environment; and
vii) Whether and the extent to which the subdivision and development avoids cumulative effects on the environment and on the provision of infrastructure and services.
Environmental Benefit.
Council will have regard to the following additional matters for discretion when assessing an application for consent under this rule:
i) The size of the feature to be protected;
ii) The quality of the feature proposed to be protected;
iii) The location of the feature and its surrounding environment e.g. whether it forms part of an outstanding landscape or adjoins / buffers an existing protected area;
iv) The significance of the feature to the natural character of the District;
v) The rarity of the feature;
vi) The extent to which the feature proposed for protection has been modified and the impact this has had on its significance;
vii) The type of permanent protection proposed;
viii) The future management of the feature, once protected;
ix) The need for any enhancement of the features, for example by riparian planting, re-vegetation, fencing, weed/pest control or eradication;
x) Identification of any other features on the site and the contribution (positive or negative) these make to the significance of the features proposed to be protected;
xi) Whether the site (or sites) is located so that a household unit can be erected on it without significantly detracting, from, damaging or destroying any features on the site required to be protected, or from the visual amenity values present in the vicinity of the site;
xii) Effects, including reverse sensitivity effects, due to the location and/ or size of the allotments proposed to be created;
xiii) The need for a bond or covenant to ensure performance or compliance with any conditions imposed;
xiv) The need for restrictions on future, land use/development within proximity (but still within the boundary of the property prior to the subdivision) of the protected feature, in order to maintain its quality and significance;
xv) If the site is in an Overlay, whether and the extent to which the subdivision meets the objectives and outcomes of Chapter 4 for the relevant Overlay.
Note 1: The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection. This information may be in the form of a detailed report from a suitably qualified and/or experienced expert and shall assess those matters over which discretion is reserved or is a feature that has been identified through the Department of Conservation – “Protected Natural Areas Programme.”
Note 2: At the time of creation the Council may also require that the owner will enter into a binding covenant to preserve the environmental feature with one of the following:-
- Conservation Covenants (Reserves Act 1977);
- Protected Private Land (Reserves Act 1977);
- Open Space Covenants (Queen Elizabeth II National Trust 1977);

Rule 15B.12.1 Environmental Benefit Subdivision – Treaty Settlement Land

Subdivision within the Treaty Settlement Zone (including Overlays) is a Restricted Discretionary Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the Environmental Benefits within the site is achieved; and
b) The entire feature is protected; and
c) The Environmental Benefit meets the minimum size requirements relevant to the type of environmental benefit proposed listed below:
i) An ’Ecological’ Environmental Benefit shall be a minimum of 0.5ha; and
ii) Where the total area of the Environmental Benefit is 9.0 hectares or more, this will be considered two Environmental Benefit Lots; or
iii) A ‘Landscape’ Environmental Benefit shall result in the whole of the portion of the identified landscape located on the parent lot being physically and legally protected; and
d) No more than three Environmental Benefit Lots can be created per site, and
e) On the lot which the Environmental Benefit is located, an area of at least 2,500m2 exclusive of the area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system; and
f) Any balance lot created must be a minimum net site area of 4,000m2; and
g) The proposed subdivision complies with the relevant Performance Standards in Section 15B.10 and 15B.14 of this Chapter.
h) Only one consent for a restricted discretionary (subdivision) activity in terms of a Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the provisions contained within this rule can be used only once for each specified portion of the site;
i) In addition, where covenants for the protection of ecological or landscape values have already been applied to Treaty Settlement Land, as a result of the Te Uri o Hau Deed of Settlement 2000 or the Te Roroa Deed of Settlement 2005, these will be accepted retrospectively as providing an Environmental Benefit in terms of this rule;
Note 1: Where an application is made under this provision, for an area of significant indigenous vegetation or significant habitat of indigenous fauna, the Department of Conservation the following shall be included as affected parties in terms of s93 and s94 of the Act:
Note 2: Refer to Part A: Chapter 9 Definitions for the definition of “Environmental Benefit”.
Note 3: As part of the Treaty Settlement Process all Redress land has been surveyed, and features of ecological and landscape value protected through covenants. This rule recognises this existing level of protection already occurs and allows for these benefits to be applied retrospectively so as not to preclude the efficient development and use of Treaty Settlement Land.
Assessment Criteria: Restricted Discretionary Activity.
Council will restrict its discretion over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision
i) The matters for control listed in Rule 15B.11.1; and
ii) Whether and the extent to which the subdivision is in accordance with relevant Council adopted Design Guidelines;
iii) Whether and the extent to which earthworks required for the provision of servicing, the location of building platforms, parking, manoeuvring and access are minimised;
iv) Whether and the extent to which the subdivision is located close to existing residential settlements and avoids the need for provision of new or requirement for increased capacity of Council owned infrastructure and services to meet the needs of the development. Council will give consideration to the ability of the applicant to provide for the required upgrades by way of development and/or financial contributions;
v) Whether and the extent to which the density of the subdivision and development avoids adverse effects on rural amenity, landscape, open space, heritage value, ecological values, riparian management, and the natural character of the rural and coastal environment; and
vi) Whether and the extent to which the subdivision and development avoids cumulative effects on the environment and on the provision of infrastructure and services.
Environmental Benefit
Council will have regard to the following additional matters for discretion when assessing an application for consent under this rule:
i) The size of the feature to be protected;
ii) The quality of the feature proposed to be protected;
iii) The location of the feature and its surrounding environment e.g. whether it forms part of an outstanding landscape or adjoins / buffers an existing protected area;
iv) The significance of the feature to the natural character of the District;
v) The rarity of the feature;
vi) The extent to which the feature proposed for protection has been modified and the impact this has had on its significance;
vii) The type of permanent protection proposed;
viii) The future management of the feature, once protected;
ix) The need for any enhancement of the features, for example by riparian planting, re-vegetation, fencing, weed/pest control or eradication;
x) Identification of any other features on the site and the contribution (positive or negative) these make to the significance of the features proposed to be protected;
xi) Whether the site (or sites) is located so that a household unit can be erected on it without significantly detracting, from, damaging or destroying any features on the site required to be protected, or from the visual amenity values present in the vicinity of the site;
xii) Effects, including reverse sensitivity effects, due to the location and/ or size of the allotments proposed to be created;
xiii) The need for a bond or covenant to ensure performance or compliance with any conditions imposed;
xiv) The need for restrictions on future, land use/development within proximity (but still within the boundary of the property prior to the subdivision) of the protected feature, in order to maintain its quality and significance;
xv) If the site is in an Overlay, whether and the extent to which the subdivision meets the objectives and outcomes of Chapter 4 for the relevant Overlay.
Note 1: The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection. This information may be in the form of a detailed report from a suitably qualified and/or experienced expert and shall assess those matters over which discretion is reserved or is a feature that has been identified through the Department of Conservation – “Protected Natural Areas Programme”.
Note 2: At the time of creation the Council may also require that the owner will enter into a binding covenant to preserve the environmental feature with one of the following:-
- Conservation Covenants (Reserves Act 1977);
- Protected Private Land (Reserves Act 1977);
- Open Space Covenants (Queen Elizabeth II National Trust 1977);
- Conservation Covenants (Conservation Act 1987);