5.9 Dairy Flat

The activities, controls and assessment criteria in the underlying Large Lot zone, any applicable overlays and Auckland-wide rules apply in the following precinct unless otherwise specified below. The provisions of this precinct apply in the event of an inconsistency. Refer to planning maps for the location and extent of the precinct.
1. Activity table
1. The activities in the underlying Large Lot zone, Aircraft Approach Path overlay and Aircraft Noise overlay apply in this precinct, unless otherwise specified below. 
2.All buildings or accessory buildings for any activity specified in this table have the same status as the activity itself, unless otherwise specified.

 Activity  Activity Status
 Community
 Care Centres  NC
 Residential
 One dwelling per site where the site has been subdivided in general accordance with the Subdivision Plan shown in Precinct plan 1: Dairy Flat precinct subdivision plan  C
 The conversion of a dwelling into two dwellings  NC
 Development
 Construction, operation and maintenance of aircraft taxiways  P
 Demolition of buildings  P
 Domestic housing, maintenance and restoration of aircraft  C
 Landing and take-off of helicopters  Pr
 Refuelling of aircraft  Pr
 Storage of aviation fuel  Pr
 Taxiing of jet aircraft  Pr
 The erection, addition to, or alteration of buildings and accessory buildings for any permitted activity in this table  P
 The erection, addition to, or alteration of buildings and accessory buildings for any controlled activity in this table  C
 Subdivision
 Subdivision  RD
2. Notification
1. The council will consider resource consent applications for activities listed as controlled or restricted discretionary in Activity Table 1 without the need for public or limited notification except that limited notification may be given to the North Shore Aero Park for all land use and subdivision activities.
3. Land use controls
3.1 Hours of taxiway use
1. Taxiways must not be used by aircraft or vehicles between the hours of 10pm and 7am.
3.2 Noise sensitive land use
1. All new noise sensitive land uses must enter into a no-complaints covenant in favour of:
a. the North Shore Aero Park
b. all other land within the precinct
unless the site containing the new noise sensitive land use is already subject to a covenant that meets the requirements of Appendix 11.5.2.2 Covenant.
2. The no complaints covenant must be registered against the title of the site containing the new noise sensitive land use.
3. The no-complaints covenant must be in a form consistent with Appendix 11.5.2.2 Covenant.
4. Development controls
1.The development controls in the Large Lot zone, Airport Approach Path overlay and Aircraft Noise overlay apply in this precinct unless otherwise specified below. The provisions of this precinct apply in the event of an inconsistency.
4.1 Height
1. Buildings and trees must not exceed the lesser of:
a. 10m in height, unless they are specifically provided for in the landscape master plan approved in terms of a subdivision consent and
b. the height limits specified in the Airport Approach Path overlay rules.
4.2 Building coverage
1. Building coverage must not exceed 20 per cent of the net site area.
4.3 Accessory buildings
1. The maximum GFA of detached accessory buildings on each site is 200m2.
2. Accessory buildings must be designed and constructed with external cladding, in a manner similar to the design and external appearance of any existing or proposed dwelling on the site.
3. Where no dwelling currently exists, accessory buildings must be designed and constructed of materials which can be readily utilised in the construction of a future dwelling on the site.
4.4 Acoustic design of dwellings
1. Noise sensitive land uses must be designed and constructed in accordance with the acoustic design report.
5. Subdivision controls
1. The subdivision controls in the Auckland wide rules - subdivision apply in this precinct in addition to the controls specified below. The provisions of this precinct apply in the event of an inconsistency.
2. Subdivision that does not meet those controls is a non complying activity, unless otherwise provided for as a prohibited activity.
5.1 Subdivision Plan
1. The aero park, including all sites, roads, taxiways, open space and reserves, shall be developed in general accordance with Precinct plan 1: Dairy Flat precinct subdivision plan.
2. Further subdivision of any site beyond that shown in Precinct plan 1: Dairy Flat precinct subdivision plan is a prohibited activity.
3. The minimum site size shall be 2,500m2 and the maximum site size shall be 8,000m2.
4. All sites within a subdivision must enter into a no-complaints covenant in favour of:
a. a. the North Shore Aero Park
b. b. all other land within the precinct
unless the parent site is already subject to a covenant that meets the requirements of Appendix 11.5.2.2 Covenant.
5. The no complaints covenant must be registered against the title of the site containing the new noise sensitive land use.
6. The no-complaints covenant must be in a form consistent with Appendix 11.5.2.2 Covenant.
7. The development may proceed in stages as outlined below:
a. Stage 1: Lots 1 – 8
b. Stage 2: Lots 9 – 30
c. Stage 3: Lots 31 – 42
d. Stage 4: Lots 43 – 62
e. Stage 5: Lots 63 – 79
5.2 Agreement to use the airfield
1. At each stage of subdivision described above, the applicant must provide the council with evidence of an enforceable legal agreement which must:
a. be between the relevant applicant/landowner and the owner of the airfield
b. attach to the land .
2. The legal agreement must ensure that the lots on the plan of subdivision are guaranteed access via the planned taxiways to the North Shore Airfield, for as long as the airfield remains in use.
3. Any such agreement must be secured through an appropriate legal mechanism that is recorded on a certificate of title for any new site created.
4. Subdivision must not occur until the council is satisfied that this requirement will be met.
5.3 Landscape Development Programme
1. A Landscape Development Programme must be prepared and submitted as part of any application for subdivision consent.
2. The Landscape Development Programme must include:
a. a landscape master plan (scale 1:1,000) showing the layout of property boundaries, roads, taxiways, footpaths and areas of structural planting
b. a staging plan, programme of works and species list for all structural planting
c. all structural planting (other than for the key structural planting areas described in Precinct plan 2: Dairy Flat precinct structural planting areas), must be established immediately upon completion of the formation of the roads shown on Precinct plan 1: Dairy Flat precinct subdivision plan.
d. a mechanism or process to ensure the maintenance of all structural planting, such as a consent notice or covenant
e. a set of design standards for the whole development for both buildings, structures and outdoor elements and spaces, which address location, height, form and colour
f. the design standards must be presented in an illustrated form, to show the relationship between built elements, vegetation, access and open spaces
g. the design standards must be prepared in accordance with the assessment criteria for controlled activities in rule 6.1 below
h. the paving, signs, street furniture and lighting must be designed to be in keeping with their location in a semi rural/countryside living style area
i. a landscape design plan (scale 1:200) for each stage of the development, depicting the precise layout, design and specification of all outdoor elements – paving, signs, street furniture, lighting, planting and grassing
5.4 Roads and taxiways
1. All roads and taxiways must be set out and designed in general accordance with the layout shown on Precinct plan 1: Dairy Flat precinct subdivision plan.
2. All roads must be designed, formed and sealed in accordance with the council’s Standards for Engineering Design and Construction, and must vest in the council.
3. All taxiways must be designed (including safety fencing if necessary), formed and concreted in accordance with the requirements of the Civil Aviation Authority.
1. All roads and taxiways must be set out and designed in general accordance with the layout shown on Precinct plan 1: Dairy Flat precinct subdivision plan.
2. All roads must be designed, formed and sealed in accordance with the council’s Standards for Engineering Design and Construction, and must vest in the council.
3. All taxiways must be designed (including safety fencing if necessary), formed and concreted in accordance with the requirements of the Civil Aviation Authority.
5.5 Stormwater servicing
1. A comprehensive stormwater system must be provided for the entire precinct and each stage of development.
6. Assessment - Controlled activities
6.1 Matters of control
1. The council will reserve its control to the matters in rule 4.4.1 (Infrastructure Overlay) and below for the activities listed as controlled in the precinct table:
a. Building siting design and external appearance
b. Landscape design, maintenance and external appearance
c. Landform modification
d. Timing of construction if the planting within the relevant key structural planting area shown in Precinct plan 2: Dairy Flat precinct structural planting areas has not been completed.
2. The provisions of this precinct apply in the event of an inconsistency.
6.2 Assessment criteria
1. The council will consider the relevant assessment criteria in rule 4.4.1 in addition to the relevant assessment criteria below for the controlled activities listed above.
2. A landscape development plan for the entire zone that addresses the following matters should have been developed:
a. landscape master plan
b. landscaping staging plan
c. landscaping design standards
d. landscape design plan.
e. The development should be in accordance with the landscape development plan
3. The structural planting for all key areas identified in Precinct plan 2: Dairy Flat precinct structural planting areas should have been completed in accordance with Appendix 11.5.2.1 Tree species, and the specimens should be of a sufficient size to screen the proposed development within 3 years of planting.
4. All buildings should be sited so as to be screened by the structural planting when viewed from existing and proposed roads in the vicinity.
5. All buildings should be sited so that they are not visually obtrusive when viewed from existing and proposed public roads in the vicinity.
6. All buildings should be of such a design and colour so as to be unobtrusive in the landscape, and in keeping with the semi rural/countryside living style location.
7. The building layout, the site layout and the onsite landscaping should be in keeping with the landscape development programme.
8. Any reduction or removal of the structural planting must not be required.
9. Any planting intended to screen the development must be adequate for this purpose, and of sufficient size to be an effective screen within three years.
7. Assessment - Restricted discretionary activities
7.1 Matters of discretion
1. For subdivision that is a restricted discretionary activity in this precinct, the council will restrict its discretion to the following matters, in addition to the matters specified in the subdivision rules of the Unitary Plan:
a. Site size and shape
b. Site contour
c. Site access and frontage
d. Earthworks and land modification
e. Tree and bush removal/protection
f. Natural hazard avoidance and mitigation
g. Utility provision and on site servicing
h. Road safety and efficiency
i. Consistency with Precinct plan 1: Dairy Flat precinct subdivision plan and Precinct plan 2: Dairy Flat precinct structural planting areas
j. Taxiway location and construction.
2. The provisions of this precinct apply in the event of an inconsistency:
7.2 Assessment criteria
1. The council will consider the relevant assessment criteria below for the restricted discretionary activities listed above.
a. The layout of sites should be in conformity with Precinct plan 1: Dairy Flat precinct subdivision plan and Precinct plan 2: Dairy Flat precinct structural planting areas.
b. The site size, shape, contour and access should be suitable for the intended activities within this precinct.
c. Sites should be located so that they do not require substantial earthworks or land modification to obtain access to a road, or aircraft taxiway.
d. Sites should have adequate legal and physical frontage to a public road, to enable the permitted and controlled activities to establish and operate.
e. Sites should be provided with suitable, adequate and sufficient infrastructure, including water supply, sewerage and stormwater collection, treatment and disposal systems.
f. The arrangement of sites, including roads and aircraft taxiways, should result in a comprehensively designed and integrated development.
g. The arrangement of sites and taxiways should enable aircraft operations to continue without hindrance, or safety being compromised.
2. The provisions of this precinct apply in the event of an inconsistency:
8. Special information requirements
1. Applications must include an acoustic design report that specifies the measures necessary to achieve an internal noise level of 40dBA (Ldn) in habitable rooms and sleeping areas in a noise sensitive land use taking into account:
a. the likely aircraft noise generated by the North Shore Aero park
b. aircraft activities anticipated by this precinct
c. other aircraft activities which are occurring in the surrounding area.
9. Precinct plans
Precinct plan 1: Dairy Flat precinct subdivision plan
Precinct plan 2: Dairy Flat precinct structural planting areas