1. The activities in the Mixed Use zone apply in the Newmarket 2 precinct unless otherwise specified in the activity table below.

1. Restricted discretionary resource consent applications for framework plans, and amendments to approved framework plans, will be considered without the need for public notification. However, limited notification may be undertaken, including notice being given to any land owner within the precinct who has not provided written approval to the application.

1. Any activity that does not comply with the land use controls is a non-complying activity unless otherwise stated.

2. Except as specified, the land use controls in the underlying Mixed Use zone apply in the precinct.

1. A resource consent application for a framework plan, amendments to an approved framework plan or a replacement framework plan must:

a. apply to all of the precinct; or

b. apply only to land that the applicant is the owner of, or for sites in multiple ownership where the owners make a joint application; and

c. comply with:

i. the general rules and information requirements applying to framework plans specified at clauses 2.6 and 2.7 of the general provisions; and

ii. the special information requirements for framework plans specified in clause 5 below.

d. seek consent for the following land uses:

i. earthworks associated with the development

ii. the location of building platforms

iii. building envelopes

iv. the location of land uses activities within the development

v. the location, physical extent and design of public open spaces, streets and pedestrian connections

vi. the location and capacity of infrastructure servicing

vii. the location and number of car parking and vehicle access to and through the site.

2. Where a concurrent application is made to infringe building height, the status of framework plan will be the same status as the development control infringement.

3. In circumstances where an approved framework plan applies, any subsequent application to infringe the building height  will require an application to either amend the framework plan or an application for a new framework plan. In these instances, the activity status of the development control infringement will apply.

1. Alterations and additions to buildings prior to the approval of a framework plan

a. Building design and external appearance.

b. Design of parking, access and servicing.

2. Buildings complying with an approved framework plan

a. The matters of discretion for new buildings in clause 3.6.1.5 of the Business Zones apply.

1. Alterations and additions to buildings prior to the approval of a framework plan

a. building design and external appearance

i. the proposed alteration or addition to an existing building should be designed with consideration to the architecture of the existing building and respond positively to the visual amenity of the surrounding area.

ii. buildings should have clearly defined public frontages that address the street and public open spaces to positively contribute to the public realm and pedestrian safety.

iii. alterations and additions should be designed as a coherent scheme and should demonstrate an overall design strategy that contributes to the visual quality of development in the precinct.

b. design of parking, access and servicing

i. Carparking should be located to the rear of the building or separated from the street frontage by uses that activate the street.

ii. Vehicle crossings and access ways should be designed to reduce vehicle speed, be visually attractive and clearly signal to pedestrians the presence of vehicle crossings or access ways.

iii. suitable provision should be made for on-site rubbish storage and sorting of recyclable material that is:

iv. of sufficient size to accommodate the rubbish generated by the proposed activity

v. accessible for rubbish collection

vi. located in an area not visible from the street or public open spaces.

1. Framework plans, amendments to an approved framework plan and replacement framework plans

a. integration of the development with neighbouring areas

i. a framework plan should demonstrate how the development achieves the overall objectives of the precinct, including the integration of streets, pedestrian connections and entry’s, open spaces, transport connections and other infrastructure that will serve the development.

b.the relationship of land form/site contours with building levels

i. the proposed finished contour levels across the subject land area should avoid variations between the ground floor level of future buildings and adjoining existing buildings and streets, lanes and proposed public open space

c. the location and form of buildings (building footprints and envelopes)

i. building footprints, profiles and heights (as opposed to detailed building design) should establish an integrated, legible and high quality built form and spatial framework across the subject land area while also:

ii. avoiding monotonous built form when viewed from public open space through variation in building footprints, height and form.

iii. enhancing and activating proposed open space areas within the site.

iv. enhancing the form and function of existing and proposed streets, and lanes (including through site links) within and outside of the site

v. maximizing views, outlook and sunlight access for future site occupants.

vi. where changes are intended, the relationship of views from surrounding volcanic cones to existing and proposed buildings, open space, lanes and streets shown.

d. the location of land use activities within the development

i. the location and staging of anticipated activity types and/or the location, orientation or layout of buildings should avoid or mitigates potential conflicts between activities within the subject land area.

ii. opportunities to establish community facilities for future occupants of the site and for the wider community are encouraged within the development.

e. the location, physical extent and design of open space, streets and pedestrian connections

i. the framework plan should demonstrate a network of pedestrian and vehicular linkages is provided within the precinct that enhances its permeability and connectivity between the existing street network such as Khyber Pass and Park Road and public transport networks.

ii. the framework plan should demonstrate how the proposed street layout provides logical, convenient and attractive connections with other streets, pedestrian connections and open spaces within the precinct.

iii. the layout of buildings should ensure well-connected, legible and safe vehicular and pedestrian routes with appropriate provision for footpaths, servicing, infrastructure services and landscape treatment.

iv. safe, practical and efficient 24hr through-site links should be proved through the block.

v. the layout and design of public open space should meet the demand of future occupants of the site and be of a high quality, providing for public use and accessibility, views, sunlight access and wind protection within the application area.

f. the location and capacity of infrastructure servicing

i. stormwater, wastewater, water supply, electricity and telecommunication infrastructure will need to be provided to adequately service the nature and staging of anticipated development within the application area.

ii. stormwater management methods that utilise low impact stormwater design principles and improved water quality systems are encouraged.

g. the staging of development

i. the framework plan should detail the methods by which the demolition and development of the site will be staged and managed to compliment the proposed open space, road and lane network and to avoid, remedy or mitigate adverse effects associated with vacant disused areas of the site.

ii. the location and physical extent of carparking areas and vehicle access

iii. car parking, loading and servicing areas should be integrated within the application area taking account of location and staging of anticipated activity types.

1. An application for a framework plan, amendments to an approved framework plan or a replacement framework plan must be accompanied by the information requirements for framework plans in the general provisions and the following information:

a. Plans showing the proposed building profile and height as viewed from all existing and proposed street and lane frontages and existing and proposed public open spaces. Building profile means two dimensional and three dimensional building block elevations and building cross sections showing:

i. overall building form and height (as opposed to detailed design)

ii. indicative proposed floor to floor heights of each building storey

iii. areas at ground level adjoining existing and proposed street and public open space intended to be available for active uses

iv. areas of walls likely to contain windows for principal living areas of accommodation units to demonstrate how the outlook space development control will be met.

b. Where changes to site contours are intended, the relationship those site contours to existing and proposed streets, lanes, any adjacent coastal environment, and, where information is available, public open space.

c. Identification of the main pedestrian routes through the precinct area, showing how they are integrated with public transport nodes and the Newmarket metropolitan centre.

d. The location of stormwater, wastewater and water supply infrastructure.

e. The location and dimensions of vehicle access and car parking areas, and where relevant loading or service bays for all proposed activities.

f. The location of building platforms and land use activities.

g. The landscaping concept for the precinct.

h. Plans showing the general location of activity types which have potential to influence the staging and design of development across the subject land area