(Performance Standards.)

Rule 12.15.9 Esplanade Management for Lots Less Than 4ha; Rural Zone

Where an allotment of less than 4ha is created on subdivision of land which adjoins the sea, rivers over 3m in width, or lakes over 8ha in area, an esplanade reserve or strip of 20m in width shall be set aside, except where:
a) The subdivision involves only a minor boundary adjustment and no additional building sites will be created and;
b) The proposed subdivision activity arises solely due to land being acquired for any road designation or a site to be created only for a network utility.
Note 1: No esplanade reserve or strip shall be required where a lot is associated with the provision of a utility service.
Assessment Criteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule to reduce or waive the requirement for an Esplanade Reserve or Strip:
i) The topography of the land concerned including a plan showing contours where appropriate;
ii) The present use of the land and the location of any structures on or adjacent to the required Esplanade Reserve or Strip;
iii) The conservation values of the land and adjacent water body including a description of the vegetation and associated wildlife present;
iv) The public access values of the land and presence or otherwise of esplanade or other reserves in the immediate vicinity;
v) The liability of the land to erosion, flooding and other natural hazards;
vi) The water quality enhancement values of the land and associated vegetation cover;
vii) The estimated costs associated with surveying any Esplanade Reserve in relation to the total estimated cost of the subdivision where relevant;
viii) Whether a waiver or reduction will ensure the security of private property and the safety of people;
ix) Where the purposes of an Esplanade Reserve or Strip can be equally or better achieved by an alternative means, such as:
- a land improvement agreement with individual landowners (these may be used for protection of aquatic habitat, water quality and hazard mitigation);
- a conservation covenant under the Reserves Act or QEII Trust Act (these may be used for protection of natural character, landscape values, and habitats on margins of a water body);
- a condition of consent requiring fencing, planting or other works related to riparian protection and enhancement.
x) Where waahi tapu or other culturally significant sites are present and the creation of an Esplanade Reserve or Strip and associated public access would be inappropriate;
xi) The nature of any special conditions or restrictions proposed for any Esplanade Strip including those relating to periodic closure as provided for in the Tenth Schedule of the Act;
Council will have regard to the following matters when considering an application for resource consent to replace the requirement to create an Esplanade Reserve with an Esplanade Strip:
xii) Where the land is extremely steep, substantially in bush or other dense vegetation and where the provision of an Esplanade Reserve would involve a difficult or extensive survey in relation to the purpose of the subdivision;
xiii) Where unrestricted public access could adversely affect conservation management programmes;
xiv) Where the margins are affected by erosion, inundation or other natural hazard processes and a fixed inner boundary would not be appropriate; and
xv) Council’s ability to maintain an Esplanade Reserve.

Rule 12.15.10 Esplanade Management for Lots More Than 4ha, Rural Zone.

The Council has determined in accordance with the empowering provisions in Section 77 of the Act that a 20m wide Esplanade Reserve or Strip is to be set aside where an allotment of 4ha or more is created in the following circumstances:
a) The lot itself contains land, or adjoins a section of the coastal marine area, a lake or river, which has important recreational values and where;
i) public access is either currently available to the water body and associated margins or where there is reasonable likelihood of such access being available in the future from a road, access strip or reserve including an adjacent Esplanade Reserve; or
ii) In respect of the coastal marine area public access is currently available to the foreshore from the water and it can be used for the landing of small craft.
b) The lot adjoins a section of the coastal marine area which is subject to serious wave or wind induced erosion or other natural hazard processes and where;
i) Formal reservation of the land is considered appropriate by the Council following consultation with the Northland Regional Council.
c) The lot itself contains land, or adjoins a portion of the coastal marine area, a lake or river which has significant indigenous vegetation and significant habitats of indigenous fauna or supports the habitat of trout, and where;
i) formal reservation of the land is considered appropriate by the Council following consultation with the Department of Conservation; and
ii) where after consultation on a case by case basis the Department of Conservation or other appropriate body has agreed to assist with fencing and future management of the land or assume ownership of the same as provided in Section 237D of the Resource Management Act.
d) The lot adjoins a lake, the water quality of which is being adversely affected by runoff from adjacent properties and where;
i) formal reservation of the land is considered appropriate by Council following consultation with the Northland Regional Council; and
ii) The Northland Regional Council or other appropriate body has agreed to assist with fencing and future management of the land.
Note 1: For the purpose of this Rule, “significant” refers to either:
i) All those sites containing indigenous vegetation or habitat ranked moderate, moderate-high, high or outstanding on the Sites of Special Biological Interest (SSBI) database or equivalent under the Protected Natural Areas (PNA) programme; or
ii) In the absence of an assessment or ranking in terms of the above, assessments of significance and ranking should be based on the same methodology (see Appendix 24G).
Assessment Criteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule to reduce or waive the requirement for an Esplanade Reserve or Strip:
i) The topography of the land concerned including a plan showing contours where appropriate;
ii) The present use of the land and the location of any structures on or adjacent to the required Esplanade Reserve or Strip;
iii) The conservation values of the land and adjacent water body including a description of the vegetation and associated wildlife present;
iv) The public access values of the land and presence or otherwise of esplanade or other reserves in the immediate vicinity;
v) The liability of the land to erosion, flooding and other natural hazards;
vi) The water quality enhancement values of the land and associated vegetation cover;
vii) The estimated costs associated with surveying any Esplanade Reserve in relation to the total estimated cost of the subdivision where relevant;
viii) Whether a waiver or reduction will ensure the security of private property and the safety of people;
ix) Where the purposes of an Esplanade Reserve or Strip can be equally or better achieved by an alternative means, such as:
- a land improvement agreement with individual landowners (these may be used for protection of aquatic habitat, water quality and hazard mitigation);
- a conservation covenant under the Reserves Act or QEII Trust Act (these may be used for protection of natural character, landscape values, and habitats on margins of a water body);
- a condition of consent requiring fencing, planting or other works related to riparian protection and enhancement..
x) Where waahi tapu or other culturally significant sites are present and the creation of an Esplanade Reserve or Strip and associated public access would be inappropriate;
xi) The nature of any special conditions or restrictions proposed for any Esplanade Strip including those relating to periodic closure as provided for in the Tenth Schedule of the Act;
Council will have regard to the following matters when considering an application for resource consent to replace the requirement to create an Esplanade Reserve with an Esplanade Strip:
xii) Where the land is extremely steep, substantially in bush or other dense vegetation and where the provision of an Esplanade Reserve would involve a difficult or extensive survey in relation to the purpose of the subdivision;
xiii) Where unrestricted public access could adversely affect conservation management programmes;
xiv) Where the margins are affected by erosion, inundation or other natural hazard processes and a fixed inner boundary would not be appropriate; and
xv) Council’s ability to maintain an Esplanade Reserve.

Rule 13.13.9 Esplanade Management for Lots Less Than 4ha; Residential Zone.

See above.

Rule 13.13.10 Esplanade Management for Lots More Than 4ha; Residential Zone.

See above.

Rule 14.13.9 Esplanade Management for Lots Less Than 4ha; Business Zone.

See above.

Rule 14.13.10 Esplanade Management for Lots More Than 4ha; Business Zone.

See above.

Rule 15B.14.9 Esplanade Management for Lots Less Than 4ha; Treaty Settlement Land.

See above.

Rule 15B.14.9 Esplanade Management for Lots More Than 4ha; Treaty Settlement Zone.

See above.