Draft Plan Change 30 – Minor Technical Amendments
What are we doing
Shelter Belts
The rule for shelter belts in the Rural Zone (rule 4.4.2.58) requires resource consent for any shelter belt planting that has the potential to grow beyond 6m. It is proposed that these rules are revised to reference maintenance of shelter belts to a maximum height of 6m.
Crop Protection Structures
Under the current provisions crop protection structures fall within the definition of a building and thereby requiring setbacks from the road and internal boundaries and fall within the calculation for building coverage (Section 4 Rural Zones). It is proposed a review of these rules is undertaken to potentially reduce the yard setbacks for crop protection structures, exempt crop protection structures from building coverage calculations and include standards in relation to the colour of shade cloths to minimise visual effects.
Solar Power
Within Chapter 17 solar power generation collector panels attached to buildings are restricted to a size limit of 6m² and in general existing panels exceed this area. A removal of the size restriction is proposed and to mitigate effects in protected landscapes, the inclusion of standards pertaining to glare and projection from the roof.
Quarry Buffer Zone
Rule 4.4.2.57 states that quarry buffer zones can be uplifted by way of a Council resolution. However, this mechanism is ultra vires, and the District Plan can only be changed via a plan change process. It is proposed that the provisions relation to uplifting quarry buffer overlays are deleted from the Plan.
Section 19: Hazardous Substances
The provisions in Section 19 relate to hazardous substances and land contamination. These matters are also regulated by the National Environmental Standard: Contaminated Soil and the Hazardous Substances and New Organisms Act 1996. The provisions themselves are highly technical and not user friendly. It is therefore proposed to amend the provisions to simplify them and remove reference to matters that are addressed under the regulations as aforementioned.
Flood Hazard Overlay
The flood hazard overlay is identified on the maps contained within and as part of the District Plan and therefore any updates to the overlay arising from new data needs a plan change process to occur to update the maps. It is proposed that the provisions are amended to remove the ‘Flood Hazard Area’ overlay from the District Plan maps, to include this data as a non-statutory overlay with the rules that still reference flood mapping and managing risks to, and exacerbation of natural hazards. This is known as “incorporation by reference” and means that the flood overlay maps still apply to developments, but any changes and updates to these maps does not need to follow a plan change process.
Events at the Cambridge Town Hall Piazza
Under the current Plan provisions only two events per calendar year can be held within the Cambridge Town Hall piazza. These two events are pre-approved and allocated to events associated with Anzac Day and Armistice Day. It is proposed to amend these provisions to enable more events to occur annually as permitted activities, which are entirely appropriate and in keeping within a Commercial Zone.
Animal Nuisance Provisions in Residential Zones
As a result of the Animal Nuisance Bylaw 2022 that regulates the keeping of bees, poultry and other animals in urban areas, related rules in the Residential Zone and Large Lot Residential Zone are now redundant and it is proposed to remove these provisions from the Plan.
Light Spill and Glare Rules
A review of the rules in relation to lighting and impacts of glare, and the addition of a lighting standard is proposed to enable effective measurement and compliance with the lighting standards.
Noise Rules
The existing background noise levels for St Kilda, due to proximity to the state highway, exceeds permitted noise levels and becomes problematic when assessing resource consents. A new permitted noise level is required for St Kilda that takes into account the existing state highway noise environment.
