1. The following table specifies the activity status of activities in the Kumeu precinct.

2. For activities marked with an asterix (*) below refer to clause 3.12 below.

1. The council will publicly notify resource consent applications for the following activities:

a. any subdivision that is a non-complying activity

b. development that exceeds the overall 20,000m² maximum retail/commercial GFA limitation in sub-precincts A and B .

2. Restricted discretionary resource consent applications for framework plans, and amendments to 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 sub-precinct who has not provided written approval to the application.

1. The land use controls applying in the Kumeu precinct are specified below.

2. Except as specified, the land use controls in the underlying zones apply in the sub-precincts.

1. Retirement villages in sub-precinct C must not be for more than 10 people.

2. Development that does not comply with clause 1 above is a discretionary activity.

1. Supported residential care in sub-precinct C must not be for more than 10 people.

2. Development that does not comply with clause 1 above is a discretionary activity.

1. Education facilities in sub-precinct B must not be located within 20m of the Light Industry zone.

2. Development that does not comply with clause 1 above is a restricted discretionary activity.

1. Visitor accommodation in sub-precinct B must not be located within 20m of the Mixed Use zone.

2. Visitor accommodation in sub-precinct A must not include homestay accommodation.

3. Development that does not comply with clause 1 above is a restricted discretionary activity.

4. Development that does not comply with clause 2 above is a non-complying activity.

1. Dwellings in sub-precinct B must not be located within 20m of the Mixed Use zone.

2. Development that does not comply with clause 1 above is a discretionary activity.

1. Healthcare facilities in sub-precinct B must not be located within 20m of the Mixed Use zone.

2. Development that does not comply with clause 1 above is a restricted discretionary activity.

1. Care centres for the elderly/disabled in sub-precinct C must not be for more than 10 people.

2. Development that does not comply with clause 1 above is a discretionary activity.

1. Care centres for children in sub-precinct C must not be for more than 10 people.

2. Care centres for children in sub-precinct B must not be located within 20m of the Mixed Use zone.

3. Development that does not comply with clause 1 above is a discretionary activity.

4. Development that does not comply with clause 2 above is a restricted discretionary activity.

1. The maximum number of dwellings permitted in the Kumeu precinct is 150.

2. Development that does not comply with clause 1 above is a discretionary activity.

1. Buildings must not be erected in sub-precinct D unless it can be demonstrated that the structures will not obstruct the flow of water or reduce flood storage. The following are excluded from this control:

a. car parking areas

b. car parking buildings

c. parks field structures

2. The area occupied by car parking in sub-precinct D must not exceed 30 per cent of the precinct area.

3. Development that does not comply with clauses 1-2 above is a discretionary activity.

1. The total supermarket GFA in the Kumeu precinct must not exceed 4000m².

2. Development that does not comply with clause 1 above is a discretionary activity.

1. The total GFA of activities identified in the activity table marked with an asterisk must not exceed 20,000m².

2. Trade suppliers are exempt from this control.

3. Development that does not comply with clause 1 above is a discretionary activity.

1. No more than one signalised connection providing direct access from the Kumeu precinct to State Highway 16 may be implemented without the prior written approval of the New Zealand Transport Agency.

2. Buildings or development that does not comply with clause 1 above is a non-complying activity.

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

a. apply to the whole of sub-precincts B, C and/or D as identified in Precinct Plan 1, or

b. apply only to land that the applicant is the land owner or, and

c. comply with:

i. the general rules and information requirements applying to framework plans specified in section 2.6 and 2.7.3 in General Provisions

ii. the special information requirements for framework plans specified in clause 8.0 special information requirements below.

d. Seek consent for the following land uses:

i. earthworks associated with the development

ii. the design and location of public open spaces and riparian margins

iii. the design and location roads and pedestrian linkages

iv. stormwater management devices

v. the design and location of vehicle accessways.

2. Development that does not comply with clause 1 above is a non-complying activity.

1. Esplanade yard: 23m.

2. Front yard:

a. 2m in sub-precincts A and B where the front of a site or part of the site frontage is occupied by a car park or carpark building

b. 3m in sub-precinct C for sites fronting streets in precinct except rear sites

3. Side and rear yards:

a. 6m in sub-precinct A where adjoining any Public Open Space zone

b. 1.2m in sub-precinct B where adjoining any sites in sub-precinct C or any Public Open Space zone

c. 1.2m in sub-precinct C along the boundary between sites in sub-precinct C and sub-precinct D or any Public Open Space zone except, where there is a common wall along the common boundary

1. Front yards must have a minimum planted area as follows:

a. sub-precincts A and B:

i. 100 per cent of the yard area required to be landscaped except for vehicle crossings and pedestrian access.

ii. a minimum of one tree plus one additional tree for every 10m of street frontage excluding the length of frontage for vehicle crossings and pedestrian access.

b. sub-precinct C:

i. 50 per cent of the yard area.

2. For any side or rear yards in sub-precinct A where adjoining any Public Open Space zone, a 3m minimum strip must be planted with trees, shrubs and grass.

3. Where three or more trees are required these trees must not be planted further than 15m apart or closer than 5m apart.

4. Trees must be capable of reaching a minimum height of 8m, be no less than 1.5m high at the time of planting, and have a root ball no less than PB95 in size.

1. Fences, walls or screens located in the front yard and/or on any yard adjoining an area of Public Open Space zone or sub-precinct D must not exceed 1.2m in height.

2. Planting in the front yard and/or on any yard adjoining an area of Public Open Space zone or sub-precinct D must not exceed 1.2m in height except that individual trees spaced a minimum of 5m apart are allowed.

1. For sub-precinct A:

a. buildings located along the interface between sub-precincts A and B must provide a 3m front yard to achieve partial screening of buildings and amenity enhancement.

2. For sub-precinct B:

a. where a site adjoins a primary street, any building facade must occupy a minimum of 70 per cent of that street frontage of the site at ground level.

b. where the building façade is set back from the primary street frontage, it must be located no more than 5m at any point from the street frontage at ground level.

c. where the building is set back from the primary street frontage, the space between the building and the street frontage must be occupied by activities or amenities such as outdoor dining, landscape planting, or pedestrian amenities.

d. a minimum of 70 percent of the façade of buildings facing streets at ground level must comprise clear glazing and pedestrian entries.

e. building facades facing streets must achieve a minimum height of 6m.

f. glazing or balconies must comprise at least 30 per cent of the facade of the upper levels of the buildings.

1. Verandahs must be provided along building facades fronting primary streets in sub-precinct B to provide continuous weather protection. Along building facades fronting secondary streets in sub-precinct B, verandahs must be provided at building entrances as a minimum.

1. Within sub-precinct C, building coverage must not exceed 50 per cent of the net site area.

1. Within sub-precinct C impervious surfaces must not exceed 60 per cent of net site area. This applies after subdivision has occurred and does not include streets or open space.

1. Within sub-precinct C a building block must not exceed a length equal to 5 dwellings or 40m whichever is the lesser.

1. Buildings must not be located within an overland flow path.

2. Buildings with habitable rooms must not be located within the 100-year ARI floodplain.

3. All floors containing habitable rooms must have a minimum freeboard of at least 0.5m above the level of the 100-year ARI floodplain.

4. Loose items or materials capable of floating and potentially blocking flood flow paths must not be stored within overland flow paths or below the level of the 100-year ARI floodplain based on predicted flood levels at the time of development.

5. Hazardous substances must not be stored within overland flow paths or below the level of the 100-year ARI floodplain based on predicted flood levels at the time of development.

1.The subdivision controls in the Kumeu precinct are those listed in the Auckland-wide, subdivision rules except as specified below.

1. Sub-precincts A, B and D - the minimum site size is 2000m².

2. Sub-precinct C - the minimum site size is 200m².

3. There is no minimum site size where the subdivision is part of a development involving two or more dwellings and which has been granted resource consent.

1. Sub-precincts A, B and D:

a. minimum widths of site frontages are:
Table 2

Zone	Minimum width of site frontage (m)
	Front site	Rear site
Sub-precincts A, B and D	40m	9m

ii. for rear sites in sub-precinct A, up to two sites may gain frontage over a jointly owned access lot, or right-of-way for the benefit of the sites, or combination of both, of not less than 9m in width.

2. Sub-precinct C:

a. minimum widths of site frontages are:

Table 3

Sub-precinct	Minimum width of site frontage (m)
	Front site	Rear site
Sub-precinct C	7m	3m

b)a minimum 1m-wide landscape strip formed either on one side or both sides of the carriageway must be provided within a jointly owned access way or right-of-way accessing rear sites.

c) up to six sites or dwellings may gain frontage over a jointly owned access lot or right-of-way for the benefit of the sites or a combination of both. Where multiple dwellings that would gain frontage over a jointly owned access lot or right of way are proposed, that development is limited so that a single dwelling may be built on each vacant site served by the same access lot or right-of-way without contravening this control.

1. The council will restrict its discretion to the following matters:

2. The council will restrict its discretion to the following matters for subdivision listed as a restricted discretionary activity in the precinct activity table, in addition to any matters specified for the activity in the Auckland-wide rules - subdivision:

a. framework plan

b. site size and shape

c. site contours and overland flowpaths

d. site access and frontage

e. public open space provision

f. layout, including pedestrian, cyclist and public transport route connectivity linkages.

3. The council will restrict its discretion to the following matters for a framework plan, in addition to the matters of discretion in clause 2.6.5 of the General Provisions,  for all or part of sub-precincts B, C or D, amendments to an approved framework plan or a replacement framework plan:

a. Overall framework plan

b. Location and design of roads, blocks and pedestrian connections, including vehicle and pedestrian access to the site

c. The relationship of the precinct to the Kumeu River and to adjoining sites

d. Location and design of buildings, parking areas, public open space and landscaping

e. Infrastructure and servicing

f. Stormwater management

1.When assessing resource consent applications for boarding house and dwellings the council will consider the assessment criteria below, in addition to any relevant assessment criteria in the underlying zone:

a.the building should be consistent with an approved framework plan applying to the site.

b.building design and site layout should seek to protect people from adverse effects of non-residential activities and avoid, remedy or mitigate reverse sensitivity effects

c.The proposal should integrate with existing and proposed development elsewhere on the same site and on adjoining sites

d.the external appearance of buildings should enhance the amenity values of the area and should be consistent with the objectives and policies for sub-precinct B

e.the proposal should incorporate any commercial activities with residential activities into one business to minimise the overall footprint and manage potential reverse sensitivity effects

f.privacy for individual dwellings should be achieved

g.access to the sites should be logical and intuitive

h.the location and orientation of a building should maximise solar access and minimise loss of sun to habitable rooms and outdoor living space

i.car parking areas should be screened from public view

2.When assessing resource consent applications for supermarkets, the council will consider the assessment criteria below, in addition to any relevant assessment criteria in the underlying zone:

a.Safe and efficient access should be provided to and from State Highway 16.

b.Parking should be conveniently located to minimise adverse visual effects.

c.whether the New Zealand Transport Agency has provided its approval for any direct access to the site from State Highway 16

3.When assessing resource consent applications for retail 650m2 GFA or less the council will consider the assessment criteria below, in addition to any relevant assessment criteria in the underlying zone:

a.Retail should be readily accessible from sub-precinct B

b.Conflict between vehicles and pedestrians should be avoided

c.the location and scale of development should provide a transition between sub-precinct A and B

d.the location and individual activities should support rather than detract from the vitality and viability of sub-precinct B

4.When assessing resource consent applications for retail greater than 650m2 GFA the council will consider the assessment criteria below, in addition to any relevant assessment criteria in the underlying zone:

a.Safe and efficient access should be provided to and from State Highway 16 and the local street network.

b.the required parking should be conveniently located in a manner which minimises adverse visual effects.

c.the site layout and design of buildings should provide a fine grain character to primary streets

d.blank and unactivated walls should be avoided on street frontages

5.When assessing resource consent applications for visitor accommodation, entertainment facilities, funeral directors' premises, restaurants and cafes, care centres, community facilities, educational facilities, healthcare facilities, and veterinary clinics, the council will consider the assessment criteria below, in addition to any relevant assessment criteria in the underlying zone:

a.building design and layout, and site layout, should protect these activities from the adverse effects of activities in the Mixed use business zone

b.reverse sensitivity effects should be avoided, remedied or mitigated

c.adverse effects on health and safety should be avoided

6.When assessing resource consent applications for subdivision, the council will consider the assessment criteria below, in addition to any relevant assessment criteria in clause 4.2 of the Auckland-wide, subdivision rules:

a.In sub-precincts B, C or D the subdivision should be consistent with the most recently approved framework plan.

b.The sites should be suitable for the activities proposed or permitted on them and can accommodate the parking, open space and buildings necessary for those activities.

c.The size and shape of the sites should reflect the intended level of intensity of the zone in which they are located.

d.Sites should have adequate legal and physical frontage to a public street to enable permitted activities to establish and to operate.

e.Sites should be provided with suitable, adequate and sufficient infrastructure including street network and utility services so any adverse environmental effects are avoided or mitigated.

f.Sites not reticulated for sewage and stormwater disposal should not be able to collect, treat and dispose of sewage and stormwater on site without generating adverse effects.

g.The site should be a shape to permit the erection of a household unit which complies with the performance criteria of the building code and with other development controls in the Unitary Plan.

h.The site should be a shape to permit access to any building area on the site to be achieved over the same site, except in the case of a site served by a right of way or jointly owned access lot.

i.The convenience and safety of the access for users and adjoining sites should not be adversely affected.

j.Any reduction in access width should not cause adverse effects to be experienced on nearby sites.

k.The ability of the access to be used by vehicles associated with the intended activities should not be reduced.

l.If subdivision relates to a development involving two or more household units for the use of people residing in them, the relevant assessment criteria should be met.

m.The subdivision should not result in sections that are within the floodplain or an overland flow path.

n.Stormwater management should provide for clear, unimpeded overland flowpaths.

7.When assessing resource consent applications for a framework plan, the council will consider the assessment criteria below, in addition to the general assessment criteria for framework plans in clause 2.6.6. of the General Provisions:

a.Overall framework plan

i.The framework plan should facilitate an economic, social and cultural focus for Kumeu and Huapai

ii.The framework plan should enable a form of development that is consistent with the land use and development controls and performance standards

ii.Location and design of roads, blocks and pedestrian connections, including vehicle and pedestrian access to the site

•Access to the site from the State Highway should be logically placed to support the function of the town centre

•Whether the New Zealand Transport Agency has provided its approval for any direct access to the site from State Highway 16

•Access to the site from the State Highway should be safe and efficient.

•Development should present an attractive frontage to the State Highway

•Development should preclude the use of land for road widening purposes

•Pedestrian and vehicular circulation should be safe, legible and efficient

c.The relationship of the precinct to the Kumeu River and to adjoining sites

i.Development and open space should actively front the Kumeu River environment

ii.The location of activities and buildings and the street network should maximise visual and functional linkages with the river

iii.The planting proposed for the riparian margins should maintain or enhance natural habitats and the amenity values of the Kumeu River

d.Location and design of buildings, parking areas, public open space and landscaping

i.Any proposed activities should be functionally and visually located with existing activities on adjoining sites where appropriate

ii.Pedestrian and vehicular linkages to adjoining activities should be provided where appropriate

iii.Carparking areas should be located so that they are visually recessive in the street environment and designed to provide safe and convenient access to activities

iv.Buildings should allow for a range of tenancy sizes and activity types

v.Buildings in sub-precinct B should generally front the street and contribute to a fine grained character for the town centre core

vi.Public open space should be suitable for the intended purpose and contribute to a sense of place and identity

vii.Public open space in sub-precent B should be fronted by pedestrian oriented activities

viii.The design of streets and carparking areas should incorporate trees for shade and to mitigate visual effects

e.Infrastructure and servicing

i.Stormwater and wastewater infrastructure should be located and designed to take account of potential flood levels

ii.Infrastructure provided should comply with the council’s relevant codes of practice or an equivalent recognised public standard.

f.Stormwater management

i.Overland flow paths should be retained or relocated

ii.The operation or retained or relocated overland flow paths should not be affected by the location of buildings or activities

iii.Development should not impede flood flows

1. In addition to the general matters set out in clause 2.6.4 of the General Provisions and the specific matters set out for the infringement in the underlying zone, the council will restrict its discretion to the matters below for development control infringements:

a. scale, siting and design of buildings and structures

b. landscaping

c. drainage

d. risk to public safety from flooding.

1. In addition to the general assessment criteria in clause 2.6.4 of the General Provisions and the specific assessment criteria for the relevant development control infringement in the underlying zone, the council will consider the relevant assessment criteria below:

a. Additional building coverage should not affect the scale and character of the site and surrounding area.

b. Additional building coverage should not adversely affect the stormwater drainage system, flooding and overland flow paths.

c. The design of building and landscape elements should mitigate potential adverse visual effects of continuous long facades.

d. The design should promote connections through the town centre.

e. The siting or scale of buildings should not divert flows or create or exacerbate flooding on the site or other property, including public land, either upstream or downstream of the site.

f. Buoyant material stored in open yards in sub-precincts A & B should be secured so it does not float or become an obstruction to flood waters.

g. The risk to public safety arising from the location of buildings containing habitable rooms should be avoided or appropriately mitigated.

h. Whether the implementation of the Kumeu floodway should remove the 100-year ARI flood plain from the area in which buildings are proposed.

1. Any resource consent application for the erection of buildings and any application for subdivision in sub-precincts B, C or D must be accompanied by an application for a framework plan. An application for a framework plan, amendments to an approved framework plan or replacement framework plan must be accompanied by the relevant information listed in clause 2.7.3 of the General Provisions as well as the following information:

a. existing site boundaries and an indicative layout of proposed sites

b. street widths of all proposed streets and the development blocks created by the street network

c. a proposed street hierarchy identifying both primary and secondary streets

d. typical cross sections of the different types of street to be installed

e. access arrangements for the Kumeu precinct

f. a traffic assessment to accompany the Kumeu precinct access proposal

g. the exact delineation between sub-precincts B and C

h. a demonstration of how a residential density of 30 dwellings/ha can be achieved in sub-precincts B and C

i. a landscape concept for public spaces (including main tree species) and for the Kumeu River riparian margin

j. the location of flood plains and overland flow paths and proposals for stormwater disposal

k. the proposed location for stormwater and wastewater infrastructure

l. indicative building footprints and associated carpark areas in sub-precinct B.