PART 12 RURAL AND FUTURE DEVELOPMENT · PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES 12.1.2 12.1.3...

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PART 12 RURAL AND FUTURE DEVELOPMENT 12 . 1 Introduction 1 2. 2 Objectives and Policies 12.3 Zone Statements and ORDINANCES for Permitted Development, 12.4 12.5 12.6 Uses and Buildings 12.3.1 12.3.2 12.3.3 12.3.4 12.3.5 Rural 1 zone Rural 2 zone Rural 3 zone Rural 4 zone Future Development zone ORDINANCES - General Requirements for Rural and Future Development zones 12.4.1 14.4.2 12.4.3 12.4.4 12.4.5 Retirement Houses Temporary Household Units Home Enterprises General Bulk and Location Requirements Amenity Provisions ORDINANCES - Subdivision ORDINANCES - Parking and Loading

Transcript of PART 12 RURAL AND FUTURE DEVELOPMENT · PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES 12.1.2 12.1.3...

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PART 12 RURAL AND FUTURE DEVELOPMENT

12. 1 Introduction

1 2. 2 Objectives and Policies

12.3 Zone Statements and ORDINANCES for Permitted Development,

12.4

12.5

12.6

Uses and Buildings

12.3.1 12.3.2 12.3.3 12.3.4 12.3.5

Rural 1 zone Rural 2 zone Rural 3 zone Rural 4 zone Future Development zone

ORDINANCES - General Requirements for Rural and Future Development zones

12.4.1 14.4.2 12.4.3 12.4.4 12.4.5

Retirement Houses Temporary Household Units Home Enterprises General Bulk and Location Requirements Amenity Provisions

ORDINANCES - Subdivision

ORDINANCES - Parking and Loading

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CITY OF MANUKAU

PA RT 1 2 RURA L AN D FUTURE DEV ELOPMENT ZON ES

INTRODUCTION

Classification of Areas and Rural Zones Land in rural use, forest or zoned rural occupies more than two-thirds of the area of Manukau . Despite the fact that some of this land has been identified for future development for urban purposes, rural uses will continue to occupy the greater part of the City.

Most of the rural uses are located in land zoned Rural , and in that area anticipated to be required for future urban development and in uncommitted land surrounding the airport . Smaller areas used for rural purposes occur in the explosives zone at Waitawa Bay and in urban zones - particularly in the Residential zones in Mangere and in Industrial zones in newly developed areas of the City .

There are 41 0 square kilometres of land contained in four Rural zones . The Future Development zone is at present predominantly used for rural purposes. Rural land has been allocated to these zones in accordance with the quality of soil, existing and potential land uses and in accordance with the policies for the future urban growth of the City. A land use survey conducted by the Council in 1978-79 and the mapping of the soils, mainly through the work of the Soil Bureau, D.S .I.R. provided a basis for the rural zones .

Most rural land in the district is in the Rural 1 zone in which pastoral farming is dominant .

Rural zones 2, 3 and 4 provide for more intensive farming uses.

The Rural 2 zone protects high quality soils for horticultural development on flat land between Alfriston, Ardmore and Clevedon, near the International Airport at Mangere and in the Orere Valley .

Two areas of Mangere which have traditionally been protected for horticulture are zoned Rural 3 .

The Rural 4 zone is located in Takanini and has horse-training and intensive farming in buildings as typical uses.

The Future Development zone adjoins the urban areas of Otara , Pakuranga , and Mangere and will continue to be used for farming until land is needed for urban development.

The following Table sets out the area of land contained in each zone:

TABLE 1:

Land Zoned Rural and Future Development - Hectares

Rural Zones Future Ward Development

1 2 3 4 Zone

Clevedon 27,300 1,160 - - -Mangere 560 1 ,030 11 0 - 290 Pakuranga 6,780 - - - 222 Manurewa 870 1,360 - 735 -Otara 1, 1 90 - - - 1,393

36,700 3,550 11 0 735 1,905

FIRST REVIEW

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CI TY OF MANUKAU

Protection of Land having a High Actual or Potential Value for the Production of Food The protection of land having a high actual or potential value for the production of food is given national priority in terms of Section 3( 1 )(d) of the Act. These lands generally comprise high quality soils which have been identified in a Soil Survey and recorded on maps held by the Council and in the D.S.I.R. Soil Bulletin which is being prepared for Manukau City.

Existing urban areas and other land committed to urban development have already depleted soil resources in the district, particularly in Mangere and East Tamaki. In the Takanini area the opportunity to protect the first class soils has been compromised in part by the development of horse training activities. However, the extent of land with soils having a high actual or potential value for the production of food which are still in general agricultural use in the rural areas of the district has enabled the Council to pursue the protection of such land as a major planning objective in this reviewed scheme.

The ma[ n areas identified on the soil maps as comprising soils of high actual and potential value for food production are:

• The Ardmore - Clevedon Valley from Takanini to Clevedon ; • Part of the Wairoa Valley south east of Clevedon; • Inland from Orere Point; • The vicinity of the International Airport, and other parts of Mangere; • East Tamaki.

Where practicable, the land containing the high quality soils has been incorporated in the Rural 2 zone and in those cases where such soils occur in the future development zones the soil quality has been one factor taken into account in the sequencing for the deferment of urban development.

The scheme also recognises the potential for increased production from high quality soils and provides for more intensive horticultural uses on the land, particularly in the Rural 2 zone, as far as possible while ensuring the protection of the resource .

Trends in the Intensification and Diversification of Farming Traditional forms of primary production, such as sheep and cattle breeding for meat, and wool production and dairy farming continue to be the basis of agriculture in New Zealand and the district. However changing market forces are leading to new farming practices and ventures resulting in both the diversification and intensification of farming. Therefore the scheme contains provision for a variety of farming uses.

In the Rural 1 and 4 zones any kind of farming is permitted as a predominant use, including pastoral and factory farming and horticulture. As a means of protecting land which is of high value for food production, farming uses are restricted in the Rural 2 and Future Development zones to those which are already common (dairying, grazing and breeding of sheep, cattle and horses) and horticulture and cropping which will use the soil resource more intensively. Factory farming is not a predominant use in the Rural 3 zone because of this zone's proximity to residential areas. Similarly factory farming is excluded from the Future Development zone to avoid incompatible uses in future residential areas ("Horticulture" and "factory farming " are defined in Part 24.).

The Agricultural Statistics record a marked decline in total sheep numbers in Manukau from 1 968 to 1976, but this trend reversed from 1976 to 1980. Beef cattle numbers have fluctuated but there has been little overall change during the past decade. There has been some growth in horse breeding and training .

2 PROPOSED REV IEW

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Although Manukau City makes only a minor contribution to the Auckland Region's total milk production, the contribution to the town milk supply from about one hundred farms is significant. In the face of urban growth the number of town supply farm units has decreased in all areas in the last decade, but in most of these areas the total milk production has increased. Much of the town milk production within the city comes from Alfriston-Ardmore-Clevedon, East Tamaki and Mangere around the International Airport.

Of land in the district devoted to town supply milk production about 1 3 per cent is located in the Rural 2 zone. As well as the town supply farr:ns there are more than 30 farms located entirely within the Rural 1 zone which are still milking for factory supply .

A general national trend towards intensification of farming with the application of science and technology has also involved greater diversification into horticulture including such crops as kiwifruit, tamarillos and berries, and the rapid expansion of deer and goat farming and more recently rabbit farming . This trend is now occurring in the district in the case of horticulture and if the local market can support this expansion and the potential for exports of some fruits and vegetables is maintained, interest in horticulture should increase.

Horticulture requires pa rticularly good conditions in soils, aspect, drainage, contour, water supply and shelter . If these conditions are suitable, horticulture can be carried out on independent farm units of smaller area than less intensive farming operations. The demand for smaller units will result in changes in both land use patterns and the traditional character of parts of the rural area .

Potential for the expansion of horticulture has been provided for in the Rural 2 zone. A survey in February 1982 of land zoned Rural 2 recorded approximately 80 ha of long-term outdoor crops in Alfriston-Ardmore-Clevedon and 50 ha in the vicinity of the international airport. There are also considerable she lter belts planted for future crops. There were 30 ha of short-term crops (market gardens, corn and strawberries) in the Alfriston-Ardmore-Clevedon part of the Rural 2 zone and 11 O ha in the vicinty of the lnternation Airport.

Land zoned Rural 2 is mostly in the warm temperate temperature zone, apart from the airport vicinity which is in the subtropical zone. Soils in the Rural 2 zone are classed as being of moderate or high versatility for arable crops. In the Ardmore-Clevedon valley versatility is limited by poor winter and spring drainage, and all areas may be affected by a seasonal moisture deficit. The availability of irrigation water is therefore important.

No detailed surveys have been made of the extent of water resources for land which is changing to horticulture, i .e. Clevedon-Ardmore and the vicinity of the International Airport. Inadequate water supply may limit horticultural expansion. The use of water for irrigation is administered by the Regional Water Board. Water rights are required under the Water and Soil Conservation Act to take water from natural supply sources such as bores and streams for irrigating horticulture , pasture or crops.

The 1978-79 Rural Land Use Survey showed over 220 ,000 square metres in area under shade and glasshouses in the district. Tomatoes and vegetables are the main crops although some flowers and grapes are grown. The Mangere Ward contains the greatest number (70 per cent) and area (77 per cent) of greenhouses in the City. The scheme restricts the location of glasshouses around the International Airport to prevent possible interference with aircraft movement from reflected light. In all rural zones and the future development zone greenhouses are permitted as buildings accessory to horticulture and are subject to the same bulk and location requirements as other buildings.

3 FIRST REVIEW

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While both deer and rabbit farming are permitted in some zones, they are subject to contro ls under other Acts and regulations. T he N.Z. Forest Service places controls on dee r farming, which as been proh ibited from the eastern part of the City by notice in the Gazette .

Exotic forest has been planted on the hills between Maraetai and Clevedon. In the future it is possible that further forests may be planted on the Hunua Ranges along the southern boundary of the district. Logs are taken from the ex isting forests to Auck land for processing and it is the Council's policy that no major industry will be permitted in the rural zones to process logs grown other than in the district and adjoining forests.

Production forestry is exc luded from the rural area except on land in the Rural 1 zone which is shown on the soils map held at the offices of the Council, and on the maps contained in the D.S.I.R. Soil Bu lletin on Manukau City (in preparation ) as not being of high value for food production. Forestry which is ancillary to farm ing is permitted as farm forestry.

Council's genera l policy is to protect existing independent farm units. At the same time the utilisation of the productive potential of existing lots for part-time farming operat ions is encouraged.

Dwellings and Residential Living in Rural Zones Provision for dwe llings and other residential accommodation in the rural area is essential to ensure that people who are genuinely farming the land or are required to live in the rural area are not unreasonably restricted.

In 1978 approximately 77 % of the properties in the Rural 1 and 2 zones had existing dwe llings. Each property is a separately owned land holding which in some cases can be further divided because the land in the holding is contained in more than one certificate of title.

A dwelling anc illary to farming is permitted as a predominant use on most lots subdivided before this Review was notified. Many lots are of insufficient area to provide fu ll -time farming employment but such small-holdings can be productively used on a part- time basis by occupiers with other employment .

Since the erect ion of a house on every small lot in the rural area would result in residential development not linked to farming on some groups of lots subdivided many years ago, only one dwelling is permitted where an owner held several lots smaller than 2 ha when this Review was notified.

Apart from perm itting houses on the lots which were already subdivided before this Review of the District Schem e, the basis of the Council's policies for future houses and subd ivision is the concept of the independent farm unit and the requirement t hat the users of lots submit information showing how the land will be developed into independent farm units. The term independent farm unit is defined in Part 24 (Interpretation) and takes into account the various physical and manager ia l aspec ts of a farm .

Houses are permitted as a predominant use for persons employed fu ll -time on an established independent farm unit.

Where the land is not developed as an independent farm unit, the basis for considering a proposed new house on a lot subdivided under the provisions of this scheme will be a conditional use application accompanied by details of the intended farm ing operation. The aim of this requirement is to ensure that new lots are used prod uctively for the purposes for which they are approved. To prevent residentia l developm ent on the land where it would result in the capital value being so high that it may jeopa rdise its establishment as an independent farm unit, conditions may be imposed that will either defer the erection or place limitations on the value of a house until reasonable commitment to the approved farming use is established.

4 FIRST REVIEW

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PART 12 RURAL AND FUTURE DEVELOPMENT ZONE S

Dwellings or residential accommodation which need to be located in a rural area in association with some permitted non-farming uses are conditional uses to allow the Council to consider the merits of erecting a residential building on the site. Dwellings for retiring farmers are similarly provided for subject to certain conditions.

Non-farming Uses in Rural Areas The large rural area of the district is in close proximity to urban areas and is used by urban dwell ers for recreational pursuits. Leisure-time uses of rural areas for recreation is provided for in the extensive Rural 1 zone. Provision ha s also been made in the Rural 1 zone for certain non-farming activities that cannot be located in the urban areas and which are both desirable and appropriate in a ru ral location . Such activities are not encouraged in the other rural zones as the protection of soils of high value for food production is given priority.

Rural Settlements Rural settlements provide retail , educational, health and other services for the rural community as well as contributing to the social climate of the area . The planning policies are designed to encourage the maintenance of the roles of the rural settlements as service and social centres .

Buildings and Landscape Buildings and structures in the rural areas should be sympathetic to natural forms and features . This means for example that in an open flat landscape, building s should assume a low profile, while in a tree landscape, building design should reinforce the vertical lines created by the trees, and buildings can assume a more angular profile with a tree backdrop .

Subdivision Provision is m ade for subd ivision on land most suited to intensifi cat ion of farming, that is on lowland areas with better quality soils.

In the Rural 2 , 3 and 4 zo nes and in Stages 3 and 4 of t he Future Deve lopment zone land can be subd ivided for the development of horti culture b locks, whil e in the Rural 4 zone at Taka nini , blocks for other types of intensive farming and horse training can also be created.

Apart from subdivisions by which no additional lots are c reated, land can only be subdivided into lots which are of sufficient area to be independ ent farm units . This term is defined in Part 24 (Interpretation) . In 1 982 the minimum area of usable land the Mini stry of Agriculture and Fisheries recommended for an independent farm unit was for exa mple :

• 1 2 ha for market gardening • 1 0 ha for a pip or stone fruit orchard • 6 ha for kiwifruit • 4 ha for brambles or blueberries

Changes in market prices or production costs in future m ay mod ify these sizes.

Where there is little expe rienc e in the area of the proposed type of farm ing (e.g. a new cro p) lots must be of sufficient size to accommodate alternative uses in case of changed circumstances in the future.

It is the Council's policy that unless a proposed new lot is already developed to the extent that it could operate as an independent farm unit, information is to be submitted on the proposed development of the unit showing that the site is suitable for the use and satisying the Council that the means (financial, physical and management) are to be available to achieve what is proposed.

5 FIRST REVIEW

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PA RT 12 RUR A L A ND FUTUR E DEV EL OPM ENT ZON ES

CITY OF MANUKAU

It is generally expected that for most subdivisions the prospective farmer of a lot will submit his own proposals which in some cases will include a management programme, including year-by-year development.

However the Council recognises that in some circumstances such as where new roading is needed as part of the subdivision it is not always practicable to identify the prospective farmer for every lot. In such cases the Council may accept other evidence that is offered to demonstrate that each lot will be developed and operated as an independent farm unit for a proposed use. This may take the form of a legal agreement with the Council which ensures that the land is to be developed by present and /or subsequent owners for the uses proposed at the time of subdivision or alternative uses approved by the Council.

In the Rural 1 zone the majority of holdings are smaller than that required today for the traditional types of farming, sheep and beef raising and dairying . The minimum areas for which subdivision has been permitted in the past (i.e. 4 hectares until 1 965 and 20 hectares in the first district scheme) have resulted in the establishment of a wide range of allotment sizes . A land use survey undertaken in 1 978- 79 revealed that out of a total number of 1463 properties in the rural zones, 571 (39 % ) were less than 4 hectares and a further 357 (24 % ) between 4 and 1 0 hectares . As a property may contain several lots with separate certificates of titl e which may be disposed of individually, there is in fact the potential for a greater percentage of small sites .

Thus there are a number of small lots to provid e for part-time or hobby farmers whose main employment may be in the urban area . Further subdivision of these smaller holdings is not provided for in line with the Council ' s aims of preventing sporadic urban development and retaining lots of sufficient size to be independent farm units in the rural zones.

The present pattern of lot sizes suggests that the technique of imposing arbitrary minimum area requirements on the subdivision of rural land has proved ineffective in preventing sporadic subdivision . The Council is conscious that while there is a need for a range of rural lot sizes, the existing subdivisional pattern in th e Rural 1 zone will be adequate for most farming needs . Further subdivision, particularly for rural re sidential purposes, would affect land valu ations in the area and increa se farm prices .

Provision is however made in the Rural 1 zone for subdivision of large pastoral farm units and of independent farm un its which have been established through intensification of the use of a holding.

6 FIRST REV IEW

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12.2.1

OBJECTIVES AND POLICIES

General Objective:

PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES

To avoid unnecessary encroachment of urban uses into permanent rural areas; and into those areas zoned for planned future urban development, until such time as development thereof is appropriate .

Policies: 12.2.1 .1 Land uses will be controlled to ensure that rural land is retained as far as

practicable in primary production and sporadic urban development is prevented .

12.2.1.2 Independent farm units for established farming uses such as beef, sheep and dairy farming, will be protected against subdivision in the Rural 1 zone.

12.2.1.3 Zoning controls will ensure that where land is to be ultimately developed for urban purposes, the transition from rural use occurs in a planned and orderly fashion.

Land of High Actual or Potential Value for Food Production

Objective: 12.2.2 To protect land having a high actual or potential value for the production of food

from changes which could decrease its value for such production.

Policies: 12.2.2.1 The Council will ensure that land in primary production is retained where

practicable in independent farm units.

12.2.2.2 Uses in the Rural 2 zone will be confined to those which are dependent on the high quality soils or at least ensure the protection of such soils for more productive uses in the future.

12.2.2.3 Uses in the Rural 3 zone will be confined to the established activities currently using the high quality soils provided they are compatible with the surrounding residential uses.

12.2.2.4 Small scale forestry is recognised as an ancillary activity to farming but production forestry is only considered appropriate on soils which are not of high value of food production.

12.2.3

The Rural Community and Dwellings in Rural Areas Objective: To retain the existing rural community and to limit further residential use on rural land to dwellings which facilitate the productive use of farmland or the efficient operation of rural activities.

Policies: 12.2.3.1 Residential uses of land zoned rural will be controlled so that sporadic urban

development is prevented .

12.2.3.2 Dwellings on lots subdivided prior to the date of notification of this Review will generally be required to be ancillary to farming at a level of productivity per hectare which is not less than that which would be achieved on an independent farm unit of the same farming type.

CITY OF MANUKAU 7 FIRST REVIEW

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12.2.3.3 A dwel ling which is shown to be necessary for the establishment of an independent farm unit on a lot subdivided after the date of notification of this Review will be a conditional use to ensure that the house is ancillary to the approved use and regard will be given to the timing of erection and capital value of th e house until such time as an adequate commitment is made to the farming use .

12.2.3.4 Dwellings for rural workers required on independent farm units will be permitted where they are essential for the efficient operation of the farm.

12.2.3.5 Retiring farmers and their spouses, will, in special circumstances, be permitted to reside on an allotment subdivided from their farm.

12.2.3.6 The deve lopment of the rural service centres of Whitford and Clevedon will be encouraged insofar as is requi red for the legitimate needs of the rural community.

Non-Farming Uses in Rural Zones Objective:

12.2.4 To ensure that farming and the rural community are supported and enhanced by a range of rural services and activities which are appropriate to the rural area.

Policies: 12.2.4.1 Uses related to farming activities, or benefiting from a rural setting, although not

necessarily of a farming character, which need a rural location will be permitted in particular rural zones generally only on land of lower potent ial productivity.

12.2.4.2 Stalls and packing sheds for the sale or sorting of farm produce will be controlled to ensure large scale commercia l enterprises which are inconsistent with the rural character of an area do not develop in such areas .

12.2.4.3 Home enterpr ises will be restricted to small scale operations carried out in dwellings or buildings accessory to the dwelling. The use of farm buildings for such activities is not allowed .

12.2.4.4 The quarrying, mining or extraction of materials other than topsoil, occurring naturally will be permitted subject to controls for minimising nuisance and for restoration of the land scape.

12.2.4.5 Specified non-farming uses which either relate directly to farming activities and provide an essential service to the rural community, or provide for the recreational enjoyment of the countryside will be permitted only where they are appropriate to the rural area and cannot locate in the urban area or the rural service settlements.

Subdivision Objective:

12.2.5 To ensure that rural land is used productively and that any subd ivision for farming purposes protects its potential productivity by preventing fragmentation into areas which are not capable of being independent farm units.

Policies 12.2.5.1 Subdivision in rural areas will only be permitted where the qua li ty of the so ils and

other relevant factors will support intensification of land use and the development of smaller independent farm units.

12.2.5 .2 Subdivision into lots smaller than 120 ha will only be permitted where each lot will be farmed in accordance with specific proposals. Furthermore, in the Rural 1 zone substantial progress must have been made towards estab lishin g new independent farm units.

CITY OF MANUKAU 8 FIRST REVIEW

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PART 1 2 RUR A L A ND FUTURE DEVELOPMENT ZONES

12.2.5.3 The size of new rural lots shall be determined in accord ance w ith t he intended use of the land and all lots shall be capable of being ind epe ndent farm units.

12.2.5.4 It shall be shown that adequate resources are available to operate each new lot as an independent farm unit, and in some cases this information is to be supported by a management programme.

12.2.5.5 Where better land use will resu lt, boundaries between rural propert ies may in some cases be altered even though all the above pol ici es may not be met .

Objective 12.2.6 To prevent sporadic subdivision for non-farm ing purposes in rural areas .

Policy 12.2.6.1 Subdivision for purposes other than farming shall only be pe rmitted for a limited

range of uses which relate to the rural area and whic h w ill not have a detrimental effect on the rural economy, com munity and landscape.

Landscape in Rural Zones

Objective: 12.2. 7 To recognis e the amenity valu e of rural areas and conserve the landscape

features which add to their natural character while permi tting the continuance of existing farming operations and other uses appropriate t o such areas.

Policies: 12.2. 7 .1 Significant areas of bush will be preserved except where its removal is necessary

for the economic extension of permitted uses. 12.2. 7 .2 Signifi ca nt areas of bush will be preserved where they will contribute to the

amenities of a locality or where preservation is necessa ry t o prevent the instability or eros ion of land.

12.2 . 7 .3 Topsoil will be retained wh erev er possible to promote th e best agricultural use of the land.

12.2. 7 .4 Trees, bush, plants or landscape of scientific, wildlife , or historic interest, or of visual appeal will be in c lud ed with a schedule of su ch m atters for protection under the district scheme.

12.2. 7. 5 Wherever practicable buildings shall be sited away from ri dges, knolls or other landforms and shall not encroac h upon the shoreline or foreshore areas in order that the amenities of a locality are retained, and the environment is not dominated by the unimaginative siting or size of buildings.

12.2. 7 .6 Buildings and structures shall be designed in a manner to comp lement the rura l nature or the natural character of a site and to be sympatheti c to natural forms and features.

Landscape in the Future Development Zone

Objective: 12.2.8 To conserve those landscape f eatures which will enh ance t he amenities of future

urban development.

Policies: 12.2.8.1 Significant native and exotic trees, and areas of bush shall be retained except

where their removal is necessary for the economic extension of permitted farming uses .

12.2.8.2 Topsoil shall be retained where this promotes the best agri cu ltural use of the land and the fu t ure am enities of eac h site.

12.2.8.3 Major established land contours shall be retained as the basis for future development .

12.2.8.4 Trees , bush, plants or landscape of scientific, wildlife, or hi st oric interest, or any visual appeal will be included within a schedule of such m atters for protection under the district scheme .

CITY OF MANUKAU 9 FIRST REVIEW

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The Rural Zones Objective:

12.2.9 To ensure that a range of farming and rural uses are provided for within the rural zones consistent with the protection of the special characteristics of each particular rural area.

The following are the objectives for each zone :

12.2.9.1 Rural 1 Zone Objective : To provide primarily for the retention of pastoral farming and also for a limited range of farming-related and other rural uses .

12.2.9.2 Rura l 2 Zone Objective : To protect land of high actual or potential value for food production from changes which would decrease its value for such production and to encourage the use of land for horticulture .

12.2.9.3 Rural 3 Zone Objective : To promote the use of the high quality soils of th is zone for their trad itional horticultural uses while protecting the adjacent residential environment .

12.2.9.4 Rural 4 Zone Objective : To facilitate the use of the land and retention of the area for its traditional activities of horse training , horticulture and factory farming .

12.2.9.5 Future Development Zone Objective :

CITY OF MANUKAU

To ensure that land in this zone is protected for the planned future transition from rural use to urban use and to encourage the continued use of productive land for agricultural purposes in the interim.

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PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES

12.3 ZONE STATEMENTS AND ORDINANCES FOR PERMITTED DEVELOPMENT, USES AND BUILDINGS

12.3.1 RURAL 1

12.3.1.1 Zone Statement The Rural 1 zone is a farming zone on land which is generally not of high value for food production. Its purpose is primarily to provide for pastoral farming but provision is also made for afforestation and other land uses which are appropriate in the rural area.

The range of other uses permitted provides for farming activities of the area and needs of the rural population and also provides for the needs of the urban population for recreation and enjoyment of the countryside in their leisure time. Permitted uses include certain rural industries and services, community activities, tourist and recreational activities and quarrying.

Small -holdings are adequately catered for in the Rural 1 zone by the existing subdivision pattern which has sufficient blocks not yet used for residential purposes to provide opportunity for more large-lot residential use in association with part-time farming .

The basis for consideration of granting any consents for subdivision for farming is the independent farm unit. Restrictions on subdivision in the zone are intended to protect pastoral farming. Most lots are too small to be further subdivided into independent farm units for the traditional farming uses, but subdivision of the largest lots into 1 20 ha pastoral units is provided for.

Farming is diversifying and there are small areas in the Rural 1 zone which have soils suited to horticulture. Where land use has already intensified, or where substantial progress has been made towards establishing a new horticulture block, separate independent farm units can be subdivided. In the latter case it will normally be expected that half the block will already be planted in the proposed crop before consent to a subdivision will be given.

12.3. 1.2 Ordinance

CITY OF MANU KAU

Permitted Development, Uses and Buildings The following shall be the permitted development, uses and buildings in the Rural 1 zone:

(a) Predominant

Farming of any kind Farm forestry Stalls, not exceeding 15m2 in floor area, for the direct sale of farm produce grown on the farm or holding on which the stall is located Production forestry, on soils which are not of high value for food production Household units on an operating independent farm unit which are needed for and to be used by persons working full-time on the farm, provided that where the farm unit is comprised in more than one Certificate of Title and more than one household unit is required on one title the Council may require that the separate titles be held together by legal agreement

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PART 1 2 RURAL AND FUTURE DEVELOPMENT ZO NES

CITY OF MANUKAU

A single household unit on land which was held in a separate Certificate of Title on 10 October 1980 or on a lot which was approved as a subdivision where no additional lots were created, provided that:

(i) A household unit on a lot over 1 hectare in area is occupied by a person engaged in a permitted farming use on the site; and

(ii) The lot has an area of at least 1500 m 2 and has legal and practical access; and

(iii) Only one household unit will be permitted on a group of two or more lots each under 2 hectares in area which were in the same ownership on 10 October 1980.

The replacement, reconstruction, alteration of or addition to an existing household unit which has been used and occupied as such for not less than six of the preceding twelve months, except where Council has previously imposed specific contrary restrictions or conditions. A temporary household unit complying with the special provisions stated in Ordinance 1 2. 4. 2 Home enterprises complying with the special provisions stated in Ordinance 12.4.3 Veterinary clinics Establishments for breeding or boarding domestic pets and breeding and training dogs on sites greater than 2000m2 in area provided that no accommodation for the boarding of dogs shall be located within 500m of any land zoned residential Horse riding clubs and riding schools on sites greater than 2 ha in area The development or use of public reserves or reserves in terms of the Reserves Act 1977 and complying with Part 13, Ordinance 13. 5 LPG installations having a capacity of 2 tonnes or more but not more than 1 2 tonnes provided that where a site abuts a residential zone or where the front boundary thereof directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character, LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes shall be a conditional use of the site. Any installation of 12 tonnes shall be provided with a system of fixed water sprays capable of delivering water at a rate of 600 litres per square metre an hour to the whole surface of the tank Buildings, except household units and stalls, which are accessory to any permitted use and which are to be used solely as an essential adjunct to such a use provided that a suitable method of effluent disposal from any factory farming activity is available.

(b) Conditional Stalls either exceeding 1 5m2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located; or for the cooperative sale of farm produce grown on nearby properties A single household unit on a lot which will be developed as an independent farm unit, either where the proposal and circumstances are the same as submitted with the

scheme plan of subdivision or for uses for which subdivision of the lot is permitted under Ordinance

12. 5. 2. 1, where the proposal and circumstances are shown to satisfy clauses (b)-(d) of Ordinance 12. 5. 3,

provided that consent to the erection of a household unit may be declined or appropriate conditions imposed until such time as a clear commitment to the proposed farming use is established. A household unit, for the use of a farmer or spouse to enable retirement in the area, complying with Ordinance 12.4. 1 A household unit ancillary to the use of land or buildings for the following predominant uses:

(i) veterinary clinics; (ii) establishments for breeding or boarding domestic pets and breeding

and training dogs; (iii) horse riding clubs and riding schools

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CITY OF MANUKAU

PART 12 RURAL AND FUTURE DEVELOPMENT ZONES

Educational, charitable, religious and philanthropic institutions including ancillary residential buildings, where such uses are directly associated with and ancillary to a farm Animal parks, model farms and zoological gardens and an ancillary household unit The use of land and buildings including an ancillary household unit for outdoor recreation Camping grounds and group recreational camps and an ancillary household unit Tearooms and an ancillary household unit The use of land and buildings for horse and dog racing The use of land and buildings for motor car, motor cycle and go-cart racing and rallying, trial and trail bike riding, model aircraft flying and shooting ranges Churches or church halls serving the local rural community and an ancillary household unit Marae, in compliance with the ordinances of the Residential 9 (Maori Purpose) zone Cemeteries The use of land and buildings including ancillary residential buildings for the processing of farm and forest products of the district and its immediate en-virons, the processing of products of approved marine farms on coastal waters adjoining the district, or the p rovision of rural services provided that such use meets the following requirements:

(i) it provides services for the farming community; or it requires proximity to its source of raw materials; and

(ii) it cannot reasonably be located in an area zoned for industrial use; and (iii) it is not an industry that is, or under any condition may become, noxious

or dangerous in relation to adjacent properties or public places or will detrimentally affect the amenities by the emission of noise, dust, smoke, odours, or gases or cause vibration or dangerous conditions, or give rise to pollution of any watercourse, drain, stream, creek, foreshore or the waters or any harbour in terms of Section 7 7 of the Act, or other legisla-tion

The winning and processing on the site of materials other than topsoil, occuring naturally complying with the provisions of Part 14, Quarrying Ordinance 14. 7.3.3 LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes where the site abuts a residential zone or where the front boundary of the site directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character Accessory buildings, except household units or those permitted as a predomi-nant use

(c) Matters Bearing on Conditional Uses in the Rural 1 Zone.

In considering whether or not to grant consent to any of the above conditional uses with the exception of the winning and processing of materials occurring naturally, the Council will, among other things, have regard to the following:

The use of the land or buildings: (i) is in accordance with the objectives and policies for rural zones and other

relevant sections of the scheme and section 3( 1) of the Act; and (ii) needs to be located in the rural zones or facilitates public enjoyment of

the rural area and would not be more appropriate in an urban area; and (iii) is unlikely to cause a demand for an extension of public services that is

not in the economic interests of the region or district, or to cause existing or proposed public services to be uneconomically used; and

(iv) is unlikely to cause any obstruction to, or any interference with the free movement of traffic in any road; and

(v) will not result in any other detraction from the existing or foreseeable future amenities of the locality.

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PART 1 2 RURAL AND FUTURE DEVELOPMENT ZON ES

12.3.1.3 General Ordinances

CITY OF MANUKAU

The following ordinances apply to all predominant development, uses and buildings in this zone and may be used as a guide in respect of applications for conditional development, uses and buildings: General Bulk and Location Requirements - Ordinance 12. 4. 4 Amenity Provisions - Ordinance 1 2 . 4 . 5 Subdivision - Ordinance 12. 5 Parking and Loading - Ordinance 12. 6 Advisory Provision for Residential Buildings (Noise) - Part 1 2, Ordinance 12.4.4.4 Signs - Part 18, Ordinance 18. 3 Design and External Appearance of Buildings and Maintenance - Part 1 9 , Ordinance 19. 3

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12.3.2

12.3.2.1

CITY OF MANUKAU

PART 12 RURAL AND FUTURE DEVELOPMENT ZONES

RURAL 2

Zone Statement The Rural 2 zone encompasses the most potentially productive land of the rural zones. This zone comprises much of the Clevedon Valley extending towards Takanini and smaller pockets behind Orere and around the International Airport at Mangere. The purpose of the zone is not only to protect the soils of high actual or potential value for the production of food but also to encourage and facilitate their use for intensive food production .

If the potential for this zone is realised, significant changes must be expected within the areas so zoned. Effects could include changes in land use from predominantly pastoral farming activities to horticulture, with more intensive uses of the land and a significant increase in the number of holdings and the number of people living on the land. These effects are likely to result in a distinctive change to the existing rural character of these areas. The trends will be carefully monitored to avoid effects which might be detrimental to achieving the objectives of the zone, or to the general amenities of the localities concerned .

The intensive horticultural use that is being promoted in the zone will necessitate an increase in the erection of ancillary buildings and other structures, depending on the nature of the use. While the zone provides for a level of development applicable to individual holdings and small cooperative facilities such as moderate sized packing sheds, the Council will restrict large-scale commercial buildings being established in this zone. In considering any such application the Council will have regard to any effect on -the amenities of the area and to the extent of high quality soils that might be taken from production.

Because the changes in land use are likely to be gradual, the permitted uses are a balance between those depending on high quality soils, and those of the existing uses which are well established but do not jeopardise the potential of the soils for future horticultural use. This is notwithstanding that the latter uses may not make maximum utilisation of the high quality soils themselves. The extension of certain uses currently existing in the areas zoned Rural 2, such as horse training, will be discouraged because of the loss of the high quality soils caused by the development of associated facilities and also in the case of horse training it is specifically provided for in the Rural 4 zone in association with the horse training facilities that exist there. Horse training is also a permitted use in the Rural 1 zone .

All land zoned Rural 2 is not necessarily suited to horticulture, as the availability of irrigation water is not proven, land drainage is variable and horticulture has been established for insufficient time to prove whether particular crops will be successful.

Subdivision may be approved for horticulture which is dependent on highly productive soils . To prevent the creation of small lots for purposes which do not require a long-term commitment to farming the land, subdivision into lots smaller than 1 2 ha will not be approved for annual crops and for those which can easily be abandoned. This means that subdivision of small lots (below 1 2 ha) is not permitted for such uses as vegetable and strawberry growing and the production of cut flowers. The Rural 3 and 4 zones make provision for subdivision for the uses for which subdivision is restricted in the Rural 2 zone.

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PART 1 2 RURAL AND FUTURE DE V ELOPMENT ZONES

The independent farm unit will be the basis for consideration of any granting of consents for subdivision. Unless a lot is already developed as an independent farm unit evidence must be submitted on the suitability of the site for the proposed uses and the availability of sufficient resources to undertake the development of an independent farm unit. In addition, a management programme showing the feasibility and method of developing a lot as an independent farm unit is required to be prepared for lots less than 1 2 ha in area except for those which will be used for growing the more common trees and vines in the zone (pip and stone fruit, kiwifruit, brambles, blueberries) which are of sufficient area to be independent farm units for the proposed crop in accordance with the size recommended by the Ministry of Agriculture.

12. 3. 2. 2 Ordinance

CITY OF M A NUKAU

Permitted Development, Uses and Buildings The following shall be the permitted development, uses and buildings in the Rural 2 zone:

(a) Predominant Horticulture Agricultural production arising from soil tilling or cropping Dairy farming Grazing and breeding of livestock [excluding factory farming] Other farming uses ancillary to the above uses Farm forestry Stalls not exceeding 1 5m2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located Household units on an operating independent farm unit which are needed for and to be used by persons working full-time on the farm, provided that where the farm unit is comprised in more than one Certificate of Title and more than one household unit is required on one title the Council may require that the separate titles be held together by legal agreement A single household unit on land which was held in a separate Certificate of Title on 10 October 1980 or on a lot which was approved as a subdivision where no additional lots were created, provided that:

(i) The household unit is occupied by a person engaged in a permitted farming use on the site; and

(ii) The lot has an area of at least 1500 m 2 and has legal and practical access; and

(iii) Only one household unit will be permitted on a group of two or more lots each under 2 hectares in area which were in the same ownership on 10 October 1 980

The replacement, reconstruction, alteration of or addition to an existing household unit which has been used and occupied as such for not less than six of the preceding twelve months, except where Council has previously imposed specific contrary restrictions or conditions A temporary household unit complying with the special provisions stated in Ordinance 1 2. 4. 2 Home enterprises complying with the special provisions stated in Ordinance 12.4.3 The development and use of public reserves or reserves in terms of the Reserves Act 1977 and complying with Part 13, Ordinance 1 3 . 5 LPG installations having a capacity of 2 tonnes or more but not more than 1 2 tonnes provided that where a site abuts a residential zone or where the front boundary thereof directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character, LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes shall be a conditional use of the site. Any installation of 12 tonnes shall be provided with a system of fixed water sprays capable of delivering water at a rate of 600 litres per square metre an hour to the whole surface of the tank Buildings, except household units and stalls, wnich are accessory to any permitted use and which are to be used solely as an essential adjunct to such a use.

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12.3.2.3

CITY OF MANUKAU

PART 1 2 RURAL AN D FUTURE DEVELOPMENT ZONES

(b) Conditional Packing sheds not permitted as a predominant use Stalls either exceeding 1 5m 2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located; or for the cooperative sale of farm produce grown on nearby properties A single household unit on a lot which will be developed as an independent farm unit, either where the proposal and circumstances are the same as submitted with the

scheme plan of subdivision or for uses for which subdivision of the lot is permitted under Ordinance

1 2. 5. 2. 1, where the proposal and circumstances are shown to satisfy clauses (b)-(d) of Ordinance 1 2. 5. 3,

provided that consent to the erection of a household unit may be declined or appropriate conditions imposed until such time as a clear commitment to the proposed farming use is established A household unit, for the use of a farmer or spouse to enable retirement in the area, complying with Ordinance 12.4. 1 The winning and processing on the site of materials, other than topsoil, occurring naturally complying with the provisions of Part 14, Quarrying Ordinance 14. 7.3.3

LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes where the site abuts a residential zone or where the front boundary of the site directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character Accessory buildings, except household units or those permitted as a predominant use

(c) Matters Bearing on Conditional Uses in the Rural 2 zone In considering whether or not to grant consent to any of the above conditional uses the Council, will among other things, have regard to the following: The use of the land or buildings: (!) is in accordance with the objectives and policies for rural zones and other

relevant sections of the scheme and section 3( 1) of the Act; and (ii) is unlikely to cause a demand for an extension of public services that is

not in the economic interests of the region or district, or to cause existing or proposed public services to be uneconomically used; and

(iii) is unlikely to cause any obstruction to, or any interference with, the free movement of traffic in any road; and

(iv) will not result in any other detraction from the existing or foreseeable future amenities of the locality.

General Ordinances The following ordinances apply to all predominant development, uses and buildings in this zone and may be used as a guide in the respect of applications for conditional development, uses and buildings: General Bulk and Location Requirements - Ordinance 12.4.4 Amenity Provisions - Ordinance 1 2 . 4. 5 Subdivision - Ordinance 12. 5 Parking and Loading - Ordinance 1 2. 6 Advisory Provision for Residential Buildings (Noise) - Part 12, Ordinance 12.4.4.4 Signs - Part 18, Ordinance 18. 3 Design and External Appearance of Buildings and Maintenance - Part 19, Ordinance 1 9. 3

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PART 12 RURAL AND FUTURE DEVELOPM ENT ZO NES

12.3.3 RURAL 3

12.3.3.1 Zone Statement The Rural 3 zone is located entirely within the Mangere Ward of the city. It covers 11 0 hectares of generally high quality soils. There are two areas zoned Rural 3, one between Favona and Walmsley Roads and the Manukau Harbour and the other between Greenwood and Kirkbride Roads.

Most land is presently used for market gardening, greenhouses, vineyards, orchards and livestock grazing. These uses are included as predominant uses while factory farming other than the keeping of pigs can be permitted as a conditional use . Other uses permitted in the zone have a rural association, for example stalls selling farm produce grown on the site, garden centres, and the long-established winery on the corner of Kirkbride & Creamery Roads, which with its ancillary facilities is a controll ed use .

The purpose of the zone is to protect the land for the continued production of food as well as protecting the residential amenit ies of adjacent zones . The land between Greenwood Road and Kirkbrid e Road within this zon e provides a buffer area between the Auckland Regional Authority ox idation ponds and the residential areas. Rural zoning of this area is intended to restrict residential development close to the sewage treatment works.

Subdivision will only be permitted to create independent farm units for horticulture. Unless a proposed new lot is already developed to the extent that it could operate as an independent farm unit , information including a management programme is to be submitted showing how an independent farm unit will be created.

12.3.3.2 Ordinance

CI TY OF MANUKAU

Permitted Development, Uses and Buildings The following shall be the permitted development, uses and buildings in the Rural 3 zone:

(a) Predominant

Farming except factory farming Farm forestry Stalls not exceeding 1 5m 2 in floor area for the direct sale of farm produce grown on the farm or holding on w hich the stall is located A single household unit on an operating independent farm unit A single household unit on land which was held in a separate Certificate of Title on 10 October 1980 or on a lot which was approved as a subdivision where no additional lots were created, provided that:

(i) The household unit is occupied by a p·erson engaged in a permitted farming use on the site; and

(ii) The lot has an area of a t least 1500 m 2 and has legal and practical access

The replacement, reconstruction, alteration of or addition to an existing household unit which has been used and occupied as such for not less than six of the preceding twelve months, ex cept w here Council has previously imposed specific contrary restrictions or conditions A temporary household unit complying with the special provisions stated in Ordinan ce 12.4.2 Home enterprises complying with the special provisions stated in Ordinance 12.4. 3 The development or use of public reserves or reserves in terms of the Reserves Act 19 7 7 and complying with Part 13, Ordinance 13. 5

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PA RT 12 RURA L AND FUTURE DEV ELOPMENT ZON ES

LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes provided that where a site abuts a residential zone or where the front boundary thereof directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character, LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes shall be a conditional use of the site. Any installation of 1 2 tonnes shall be provided with a system of fixed water sprays capable of delivering water at a rate of 600 litres per square metre an hour to the whole surface of the tank Buildings, except household units and stalls, which are accessory to any permitted use and which are to be used solely as an essential adjunct to such a use

(b) Controlled

In exercising its discretionary powers, the Council will ensure that the design and external appearance of buildings, the layout of activities and the landscape design of buildings and development give effect to the general purposes of the district scheme and that the visual impact of non-residential buildings is subdued Winemaking and ancillary facilities associated with established vineyards

(c ) Conditional

Farming of any kind, except the housing and keeping of pigs Stalls ex ceeding 15m2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located Horse riding clubs and riding schools on sites greater than 2 ha in area, and an ancillary household unit A single household unit on a lot which will be developed as an independent farm unit, either where the proposal and circumstances are the same as submitted with the

scheme plan of subdivision or for uses for which subdivision of the lot is p ermitted under Ordinance

12. 5 . 2. 1, where the proposal and circumstances are shown to satisfy clauses (b)-(d) of Ordinance 1 2 . 5. 3,

provided that consent to the erection of a household unit may be declined or appropriate conditions imposed until such time as a clear commitment to the proposed farming use is established Garden centres LPG installations having a capacity of 2 tonnes or more but not more than 1 2 tonnes where the site abuts a residential zone or where the front boundary of the site directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character Accessory buildings except household units or those permitted as a predominant use or controlled use.

12.3.3.3 General Ordinances

CITY OF MANU KAU

(a) The following ordinances apply to all predominant and controlled development, uses and buildings in this zone and may be used as a guide in respect of applications for conditional development, uses and buildings; General Bulk and Location Requirements - Ordinance 1 2. 4. 4 Amenity Provisions - Ordinance 12.4. 5 Subdivision - Ordinance 1 2. 5 Parking and Loading - Ordinance 1 2. 6 Signs - Part 18, Ordinance 18. 3 Design and External Appearance of Buildings and Maintenance - Part 1 9 , Ordinance 1 9. 3

(b) Part 23, Ordinance 23. 2. 2 sets out the procedure to be followed for all controlled use applications.

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PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES

12.3.4 RURAL 4

12.3.4.1 Zone Statement The Rural 4 zone is located entirely within the Manurewa Ward of the City and covers approximately 735 ha. This zone is complementary to the adjacent Rural 2 zone, the land being of the same high potential value for food production. The Council's responsibility to protect such land in the district is recognised and the use of land for the production of food is encouraged in this zone as in the Rural 2 zone.

However, the continuation of traditional uses which do not rely on the quality of the soils - mainly horse training and poultry farming - is also provided for. The Auckland Racing Club has an established training track and other facilities in this zone and the area has become the base of operations for many horse trainers prominent in the horse racing industry. Horse training establishments often result in an intensive development of the site that is incompatible with the protection or best utilisation of the high quality soils in this area. The scheme however reflects the establishment of this significant industry in the locality and the need to achieve a balanced management of the City's resources. It is for this reason that horse training has been concentrated into this part of the Clevedon Valley and its encroachment into the potentially productive land in the adjacent Rural 2 zone has been prohibited. On-site accommodation for those involved full-time in the care and training of racehorses is permitted where it is essential for the efficiency of a horse training establishment. Living quarters, in a separate unit which is an accessory building, are a predominant use. A second independent residence {i.e. a household unit) is a conditional use.

Also the ~cheme incorporates provisions - particularly in relation to subdivision - that seek to ensure better utilisation of the land in smaller lots . Subdivision is permitted to create independent farm units for farming and horse training.

12.3.4.2 Ordinance

CITY OF MANUKAU

Permitted Development, Uses and Buildings The following shall be the permitted development, uses and buildings in the Rural 4 zone:

(a) Predominant Farming of any kind Farm forestry Horse training establishments and racing stables and the sale of stud thoroughbred racehorses Stalls not exceeding 15m 2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located A single household unit on an operating independent farm unit A single household unit on land which was held in a separate Certificate of Title on 10 October 1980 or on a lot which was approved as a subdivision where no additional Jots are created, provided that: (i) The household unit is occupied by a person engaged in a permitted farming use

on the site; and (ii)The lot has an area of at least 1500 m 2 and has legal and practical access. The replacement, reconstruction, alteration of or addition to an existing household unit which has been used and occupied as such for not less than six of the preceding twelve months, except where Council has previously imposed specific contrary restrictions or conditions. A temporary household unit complying with the special provisions stated in Ordinance 12. 4. 2 Home enterprises complying with the special provisions stated in Ordinance 12.4.3 The development or use of public reserves or reserves in terms of the Reserves Act 19 7 7 and complyin_q with Part 13, Ordinance 13. 5

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PART 1 2 RU RA L AND FUTURE DEVELOPMENT ZONES

Buildings, except household units and s talls, which are accessory to any permitted use and which are to be used solely as an essential adjunct to such a use provided that a suitable method of effluent disp osal from an y fac tory farming activity is available Staff quarters accessory to a household unit on an operating independent farm unit for horse training which are essen tial to the farm and are needed for and to be used by persons working full-time on the farm unit

(b) Conditional Stalls ex ceeding 15m2 floor area for the direct sale of farm p roduce grown on the farm or holding on which the stall is located A single household unit on a lot which will be developed as an independent farm unit, either where the proposal and circumstances are the same as submitted with the

scheme plan of subdivision or for uses for which subdivision of the lot is permitted under Ordinance

12. 5. 2. 1, where the proposal and circumstances are shown to satisfy clauses (b)-(d) of Ordinance 12. 5 . 3 ,

provided that consent to the erection of a household unit may be declined or appropriate conditions imposed until such time as a clear commitment to the proposed farming use is established A second household unit on an opera ting independent farm uni t for horse training where both household units are essential to the farm and are needed for and to be used by persons working full-time on the farm Veterinary clinics and ancillary household units Farrier workshops Horse transport depots The use of land and buildings for horse racing Garden centres LPG installations having a capacity of 2 tonnes or more but not more than 12 tonnes Accessory buildings except household units or those p ermitted as a predominant use

12.3.4.3 General Ordinances

CITY OF MANUKAU

The following ordinances apply to all predominant development, uses and buildings in this zone and may be used as a guide in respect of applications for conditional development, uses and buildings: General Bulk and Loca tion Requiremen ts - Ordinance 12. 4. 4 . Amenity Provisions - Ordinance 12. 4 . 5 Subdivision - Ordinance 12. 5 Parking and Loading - Ordinance 1 2 . 6 Signs - Part 18, Ordinance 18. 3 Design and External Appearance of Buildings and M ain tenance - Part 1 9, Ordinance 1 9. 3

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PART 1 2 RURAL AN D FUTURE DEVELOPMENT ZONES

12.3.5 FUTURE DEVELOPMENT ZONE

12.3.5.1 Zone Statement

CITY OF MANUKAU

The purpose of the zone is to protect the rural areas in the East Tamaki corridor and in the vicinity of the International Airport which are intended to accommodate the future expansion of existing urban areas.

The areas zoned for future development are staged in accordance with the Council's strategy for the progressive development of the City (refer Part 3.1 ). Although land within this zone is ultimately designed to accommodate urban development it is likely that substantial portions will remain in rural use for a considerable time, particularly those areas planned for rezoning in later stages of development.

Until the land is urbanised it is intended that the Future Development Zone will retain its predominantly rural character and that farm productivity will be maintained. A substantial part of the zone has soils of high value for food production. The permitted uses such as dairying, horticulture, dwellings and other buildings accessory to permitted farming activity will enable these soils to be used until required for urban purposes . Other permitted uses are essentia ll y in keeping with the rural character of the zone .

To ensure that the future pattern of urban development is not prejudiced and there can be a smooth transition to urban uses, subdivision and non-rural uses are restricted. On land planned for earliest development, i .e . Stages 1 and 2, no further subdivision for more intensive farming will be allowed to avoid a sporadic pattern of lots with a high investment in farming which could delay or jeopardise urban development .

If future urban development were given priority, it would be desirable to similar ly restrict subdivision in Stages 3 and 4 which are east of Chapel Road and east of the northern part of East Tamaki Road . This land is not however needed for urban development in the immediate future and no major new transport links are planned through this area . Limited subdivision for horticulture will therefore be allowed. Even though each application for subdivision will be considered in terms of its effect on future subdivision for urban purposes, it must be accepted that the c reation of additional lots with a greater number of owners and a change of land use to horticulture could complicate the future transition from rural to urban use.

Where the Council is satisfied that a subdivision is needed to facilitate a specific proposal for horticultural production, subdivision of independent farm units with a minimum area of 6 ha may be permitted in Stages 3 and 4 if there will be no overall adverse effect on future subdivision for urban purposes.

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PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES

12. 3. 5. 2 Ordinance

CITY OF MANUKAU

Permitted Development, Uses and Buildings The following shall be the permitted development, uses and buildings in the Future Development zone:

(a) Predominant

Horticulture Agricultural production arising from soil tilling or cropping Dairy farming Grazing and breeding of sheep, cattle and horses Ancillary farming uses commonly associated with the above uses Farm forestry Stalls, not exceeding 1 5m 2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located Household units on an operating independent farm unit which are needed for and to be used by persons working full-time on the farm, provided that where the farm unit is comprised in more than one Certificate of Title and more than one household unit is required on one title the Council may require that the separate titles be held together by legal agreement A single household unit on land which was held in a separate Certificate of Title on 10 October 1980 or on a lot which was approved as a subdivision where no additional lots w ere created, provided that:

(i) A household unit on a lot over 1 hectare in area is occupied by a person engaged in a permitted farming use on the site; and

(ii) The lot has an area of at least 1500 m 2 and has legal and practical access; and

(iii) Only one household unit will be permitted on a group of two or more lots each under 2 hectares in area which were in the same ownership on 10 October 1 980

The replacement, reconstruction, alteration of or addition to an existing household unit which has been used and occupied as such for not less than six of the preceding twelve months, except where Council has previously imposed specific contrary restrictions or conditions A temporary household unit complying with the special provisions stated in Ordinance 1 2 . 4 . 2 Home enterprises complying with the special provisions stated in Ordinance 12.4.3 The development and use of public reserves or reserves in terms of the Reserves Act 19 7 7 and complying with Part 13, Ordinance 13. 5 LPG installations having a capacity of 2 tonnes or more but not more than 6 tonnes except in respect to any site which abuts a residential zone or to any site where the front boundary thereof directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character Buildings, except household units and stalls, which are accessory to any permitted use and which are to be used solely as an essential adjunct to such a use.

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PART 12 RURA L AND FUTURE DEVELOPMENT ZONES

(b) Conditional

Stalls, either exceeding 15m 2 in floor area for the direct sale of farm produce grown on the farm or holding on which the stall is located; or for the cooperative sale of farm produce grown on nearby properties Nurseries and ancillary garden centres A single household unit on a lot which will be developed as an independent farm unit, either where the proposal and circumstances are the same as submitted with

the scheme plan of subdivision or for uses for which subdivision of the lot is permitted under Ordinance

12. 5. 2. 1, where the proposal and circumstances are shown to satisfy clauses (b) -(d) of Ordinance 1 2. 5. 3,

provided that consent to the erection of a household unit may be declined or appropriate conditions imposed until such time as a clear commitment to the proposed farming use is established A household unit, for the use of a farmer or spouse to enable retirement in the area, where the location of the house and its lot will not adversely affect urban development, and complying with Ordinance 12. 4 . 1 The use of land and buildings for outdoor recreation Horse riding clubs and riding schools on sites greater than 2 ha in area Churches or church halls serving the local rural community Cemeteries and crematoria The winning and processing on the site of materials, other than topsoil, occurring naturally complying with the provisions of Part 14, Quarrying Ordinance 14. 7. 3 . 3 LPG installations having a capacity greater than 6 tonnes but not more than 12 tonnes provided that where a site abuts a residential zone or where the front boundar y of a site directly faces a residential zone or abuts or directly faces land designated for a purpose of a residential character, LPG installations having a capacity of 2 tonnes or more but not more than 1 2 tonnes shall be a conditional use of the site Accessory buildings, except household units or those permitted as a predominant use

(c) Matters Bearing on Conditional Uses in the Future Development Zone In considering whether or not to grant consent to any of the above conditional uses, with the exception of the winning and processing of materials occurring naturally, the Council will, among other things, have regard to the extent that the use of the land and buildings: (i) is in accordance with the objectives and policies for the future

development zone, any other relevant sections of the scheme and Section 3( 1) of the Act

(ii) will decrease the productivity of an existing independent farm unit (iii) will prejudice the future development or subdivision of land for ultimate

urban use (iv) needs to be located in the countryside or facilitates public enjoyment of

the countryside and would not be more appropriate in an urban area

12. 3. 5. 3 General Ordinances

CI TY OF MANUKAU

The following ordinances apply to all predominant development, uses and buildings in this zone and may be used as a guide in respect of applications for conditional development, uses and buildings: General Bulk and Location Requirements - Ordinance 1 2. 4 . 4 Amenity Provisions - Ordinance 12. 4. 5 Subdivision - Ordinance 1 2. 5 Parking and Loading - Ordinance 12. 6 Advisory Provision for Residential Buildings (Noise) - Part 1 2, Ordinance 1 2. 4. 4 . 4 Signs - Part 1 8, Ordinance 1 8 . 3 Design and External Appearance of Buildings and Maintenance - Part 19, Ordinance 19. 3

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12.4

12.4.1

12.4.2

CITY OF M A NU KA U

PART 12 RURAL AND FUTURE DEVELOPMENT ZONES

ORDINANCES: GENERAL REQUIREMENTS FOR RURAL AND FUTURE DEVELOPMENT ZONES

RETIREMENT HOUSES Special provisions pertaining to the use of a household unit by a farmer or spouse to enable retirement in a rural area.

(a) The farmer (or surviving spouse) shall have continuously, for a period of not less than 16 years, lived and worked on an independent farm unit greater than 20 ha in area of which the site of the household unit forms part; and

(b) Not more than one household unit for retired persons will be permitted in respect of any independent farm unit; and

(c) There is no other land within the farm unit zoned for residential purposes.

Before the use of an existing dwelling or the erection of a new house and subsequent subdivision under Ordinance 12. 5 and the ordinances in Part 6 of the scheme are approved, the Council must be satisfied that, among other things, the proposed use and any proposed subdivision will not compromise the matters of national importance provided in section 3( 1) of the Act, nor the Council's rural planning policies.

For the purposes of this ordinance 'retirement' means ceasing to exercise the day to day supervision of the agricultural operation of the farm on which the farmer lives and from which he or she has derived a substantial portion of his or her income. The term 'farmer' can also refer to the farm manager or farm worker.

TEMPORARY HOUSEHOLD UNITS Special provisions relating to temporary household units in rural and future development zones

(a) The premises shall be occupied only by those persons described in the definition of Temporary Household Units

(b) The premises shall not be sub-let (c) The building may remain for a period of ten years with the right of the

applicant to apply to Council for an extension of that period (d) The building shall be removed from the site when no longer required for the

accommodation of the qualifying person(s) (e) The applicant shall not dispose of the property unless the temporary building

is removed from the site ( f) The applicant shall execute such deeds, bonds or documents as are

considered necessary to secure the performance of the conditions (a) - (e) inclusive

(g ) The applicant shall pay all legal expenses incurred by Council in the preparation, signing, sealing and registering the documents referred to in (f) above

(h) Should the applicant abandon the project before completion of the procedure referred to in (f) the applicant shall pay all legal expenses incurred up to the time of notification to Council of the abandonment of the project.

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PA RT 12 RUR AL A ND FUTURE DEV ELO PM ENT ZO NES

12.4.3

CITY OF M ANUKAU

HOME ENTERPRISES Special provisions pertaining to home enterprises in rural and future development zones.

(a) Home enterprises shall be _carried out in an existing household unit or buildings accessory to an existing household unit and shall be incidental and secondary to the residential use of the household unit. They shall not have any detrimental effect on the residential use or the health and welfare of the occupants of the household.

(b) Only handcrafts which have been produced on the site shall be sold, and the selling or offering for sale of handcrafts shall be confined to buildings permitted to be used for the home enterprise.

(c) A home enterprise shall be engaged in by a person permanently residing in the household and not more than one other person at any one time.

(d) Home enterprises shall be carried on only between 0700 hours and 2200 hours.

(e) Electrical interference: No one carrying on a home enterprise shall use any equipment which creates electrical interference with television and radio sets on adjacent sites.

(f) Glare: All lighting used for the home enterprise shall be directed away from adjacent sites and from roads and shall not create a nuisance to other residents.

(g) Storage: No equipment or materials for a home enterprise shall be stored outdoors unless they are screened from adjacent sites, roads and other public areas.

(h) Traffic: A home enterprise shall generate no trips by a heavy motor vehicle as defined by the Traffic Regulations 19 76, and shall not generate more than two inwards and outwards trips per da y by any other motor vehicle, for the purpose of transporting raw materials and finished goods.

(i) Parking: Where handcrafts are sold, adequate off-street parking and a vehicle turning area shall be provided entirely within the site and access and egress shall be provided without undue disruption of traffic .

(j) A home enterprise may only be permitted where there is no visible evidence of that activity from a road or public place.

(k) No exterior display or other indication of the carrying on of a home enterpris,e on any property shall be permitted other than a sign as permitted by Ordinance 1 8 . 3 in Part 1 8 of the Scheme.

(I) Nuisance: No odour, fumes, dust, smoke, noise, effluent or vibration shall be generated so as to be noticeable at the property boundaries or to give rise to an objectionable element under Section 7 7 of the Act or contravene any other Act or any regulations. · Wh ere noise is likely to be a nuisance it will be controlled in accordance with the provision of the Health Act 1956 and NZS 6801 and 6802 ( 19 7 7) .

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12.4.4

PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONES

GENERAL BULK AND LOCATION REQUIREMENTS The following shall be the bulk and location requirements for predominant and controlled development, uses and buildings in rural and future development zones. The requirements in paragraphs 1 2. 4. 4. 1 and 1 2. 4 . 4. 2 shall be applicable generally save that in cases where any exception, modification or qualification is provided in paragraph 12. 4. 4. 3 that latter shall prevail.

12. 4. 4. 1 Minimum Yard and Maximum Height

Side Yard Rear Yard Maximum

Front Sites Sites Sites Sites Height Zone Yard less Greater Less Greater of than 2 than 2 than2 than 2 Buildings ha area ha area ha area ha area

Rural 1, 2, 3, 4, 10 m 3m 10 m 3m 10 m 9m and Future Development

12. 4. 4. 2 Building Coverage There shall be no maximum site coverage prescribed provided that no buildings shall be erected that would render the drainage capacity of the site inadequate or result in pollution or erosion of adjacent properties.

12.4.4.3 Exceptions, Modifications or Qualifications to General Bulk and Location Requirements

CITY OF MANUKAU

(a) Yards (i) Yards Fronting Arterial and Principal Roads

In the Rural 1 and 2 zones the yard fronting roads classified as arterial or principal in Appendix A to the planning maps shall be 20m.

(ii) Coastal Protection Yards In the Rural 1, 2 and Future Development zones no building shall be erected at a distance of less than 70 metres from a line of mean high spring tide on the Manukau Harbour and from mean high water mark elsewhere. In the Rural 3 and 4 zones no buildings shall be erected at a distance of less than 30 m from a line of the mean high spring tide.

(iii) Yards adjoining industrial zones In the Rural and Future Development zones the minimum yard for a household unit on a site adjoining an industrial zone shall be 10 m along such adjoining boundary.

(iv) Siting and size of buildings in Rural Zones No building shall be of such a size that, nor shall be situated in a position where, it dominates its environment and thereby detracts from the amenities, in terms of the objectives and policies in this Part of the Scheme. If in any case there is doubt whether a proposed building would comply with the requirements of this sub-clause, the Council in exercising its powers conferred by Section 36(5) of the Act shall have a discretion to determine the matter in accordance with the scheme objectives and policies and a ruling thereon may be obtained from the Council by an application made without notice under the authority of Section 36(7) of the Act.

(b) Height in Relation to Boundary Notwithstanding the maximum height required in paragraph 1 2. 4. 4. 1 the following requirements shall apply in addition: No part of any building shall exceed a height equal to 3m plus the shortest horizontal distance between that part of the building and the nearest site boundary.

(c) Height Controls Auckland International Airport Ordinance 7. 4. 3 applies to all rural and future development zones.

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PART 1 2 RURAL AND FUTURE DEV ELOPMENT ZONE S

(c) Rural 3 zone Independent farm units for horticulture complying with the conditions of Ordinance 1 2. 5. 3

(d) Rural 4 zone Independent farm units for farming uses and horse training establishments complying with the conditions of Ordinance 1 2. 5. 3

(e) Future Development zone (i) Stages 3 and 4 only: Independent farm units for horticulture with a

minimum area of 6 ha, complying with the conditions of Ordinance 1 2 . 5. 3, provided that there will be no overall adverse effect on future subdivision for urban purposes.

(ii) To create a lot for one of the following uses, where approval for the use has been given in compliance with the scheme: • A single household unit for the use of a farmer or spouse to

enable retirement, provided the resultant retirement lot has frontage and access to an existing formed road

• Cemeteries and crematoria

12. 5. 2. 2 Additional Purposes for Which Subdivision is Permitted in All Zones Land in all Rural zones and the Future Development zone can be subdivided

(i) To create a public reserve, and for the definition of land for any purpose under the Reserves Act 19 7 7, or

(it) To facilitate a boundary adjustment that meets the requirements of Part 6 (Subdivision and Development) Ordinance 6. 3. 1 5 , or

(iii) To alter the boundary between two allotments where no additional Certificate of Title is created and more intensive or better use of land for farming purposes will result, provided that • the number of dwellings permitted on the land will not be increased, and • the reduction in area of any allotment will not cause it to cease to be an

independent farm unit.

12. 5. 3 SPECIAL CONDITIONS TO BE MET FOR SUBDIVISION FOR INDEPENDENT FARM UNITS

I I I I I I I I I I I I

Where compliance with this ordinance is required, a scheme plan of subdivision 1 creating lots for farming uses permitted under Ordinance 12. 5. 2. 1 will only be approved if the following evidence is provided for each of the proposed lots shown on the scheme plan:

(a) Bona Fide Proposal and Certainty of Use I There is a specific proposal for the lot with evidence that it will be developed and operated as an independent farm unit for the proposed use. This requirement

1 may be met in the manner provided for in Part 12. 1. 8.

(b) Site Suitability The lot, including the following factors where applicable, is suited to the I proposed use:

• land contour • soil properties • land drainage and level of water table I • availability of water for irrigation • microclimate, provision of shelter from wind

(c) Traffic I The proposed use will not generate traffic flow in excess of the design capacity of the roading system.

I I

CITY OF MANUKAU 30 FIR ST REVI EW

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12.5.4

12.5.5

CITY OF MANUKAU

PART 1 2 RURAL AND FUTURE DEVELOPMENT ZONE S

(d) Management Programme (i) In the following circumstances a management programme shall be

produced for a lot: • Rural 1, 3 & 4 zones

for any proposed lot, where compliance with Ordinance 12. 5 . 3 is required.

• Rural 2 zone for any proposed lot which is less than 1 2 ha in area, where compliance with Ordinance 12. 5. 3 is required, except for lots which will be used for growing pip and stone fruit, kiwifruit, brambles or blueberries, which are of sufficient area to be an independent farm unit for the particular crop in accordance with the size recommended by the Ministry of Agriculture and Fisheries at the time.

(ii) The Management Programme shall include: • Evidence that the lot contains an adequate area of usable land to enable

it to be an independent farm unit including an economic feasibility appraisal.

• A year-by-year development programme which includes where applicable, the area to be brought into production each year, arrangements for storage, processing and transport and the provision for crop rotation, until the enterprise reaches full productivity, and the means of financing the development including ancillary buildings.

SUBDIVISIONAL DESIGN CRITERIA FOR ALL ZONES The area, dimensions and shape of each proposed allotment shall be such that: (a) The site is adequate to contain the use and accessory buildings and

structures; and (b) The frontage and access to the site shall be adequate for legal and practicable

access for the proposed use; and (c) Adequate provision has been made for drainage and the disposal of sewage

by septic tank or approved alternative means; and (d) No lot shall be less than 1500 m 2 in area except for a subdivision for any

purpose under the Reserves Act 19 7 7; and (e) The area and dimensions of lots for single household units, for retirement

purposes, tearooms, churches and church halls shall relate to existing fencelines and topography wherever possible, having regard to the proposed use and no lot for these uses shall be greater than 5000 m 2 in area; and

(f) Where no minimum area is stated, no lot for farming uses shall be less than 1 ha in area; and

(g) Any other relevant provisions of the scheme are satisfied.

SUBDIVISION AND DEVELOPMENT ORDINANCE Ordinance 6. 3 in Part 6 covering subdivision generally within the district applies.

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PA RT 1 2 RURA L AND FUTURE DEVELOPMENT ZON ES

12.6

CITY OF MANUKAU

PARKING, ACCESS, LOADING ORDINANCE Ordinance 1 7. 3 in Part 1 7 covering parking and loading of vehicles shall apply with the fo llowing additional provision:

No loading ramp shall be erected less than 1 5 metres distant from the road boundary. Every ramp shall be subject to such provision as the Council may require in any particular case for access to and standing on the site by motor vehicles.

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