7.3 Babich
The activities, controls and assessment criteria in the underlying Single House and Large Lot zones and Auckland-wide rules apply in the following precinct and sub-precincts unless otherwise specified. Refer to planning maps for the location and extent of the precinct and sub-precincts.
1. Activity table
Activity Activity Status
  Sub-precinct C
Framework plan
A framework plan, amendments to a framework plan or a replacement framework plan complying with clause 2.2 below
  D
A framework plan, amendments to a framework plan or a replacement framework plan not complying with clause 2.2 below NC
Commerce
Food and beverage associated with an existing industrial activity on the site D
Retail accessory to an existing industrial activity on the site RD
Offices accessory to an existing industrial activity on the site RD
Industry
Industrial activities associated with existing activities on the site RD
Development
Construction of buildings associated with an existing industrial activity on the site RD
Alterations and additions to buildings associated with an existing industrial activity on the site RD
Development in accordance with an approved framework plan RD
Development not in accordance with an approved framework plan NC
Subdivision
Subdivision of land covered by an approved framework plan D
Subdivision of land not covered by an approved framework plan NC
2. Land use
1. The land use controls in the Babich precinct are those listed in the Single House and Large Lot zones, except as specified below.
2.1 Maximum density
1.The number of dwellings on a site must not exceed the limits specified below:
Table 1: Maximum density
Sub-precincts Underlying zone
 Maximum density
A and C
 Single House
 One dwelling per 450m2 net site area
A Large Lot
 Average net site area – One dwelling per 2000m2
Minimum net site area – One dwelling per 1250m2
B Large Lot
 One dwelling per 4ha net site area
2.Development, with an underlying Single House zone, that does not comply with the maximum density in clause 1 above, is a discretionary activity.
3.Development, with an underlying Large Lot zone, that does not comply with the maximum density in clause 1 above, is a non-complying activity.
2.2 Framework plan
1. Where an applicant elects to prepare a new, or amended or replacement framework plan, the resource consent application must:
a. apply only to land within the sub-precinct that the applicant is the owner of, or to sites in multiple ownership where the landowners make a joint application
b. comply with the general rules and information requirements applying to framework plans specified at clauses [Refer to clause 2.6 of the General - Framework Plan rules]
c. seek consent for the following land uses:
i. roads (including street and pedestrian connections)
ii. open space
iii. location of buildings
3. Development controls
1. The development controls in the Babich precinct are those listed in the Single House and Large Lot zones, except as specified below.
3.1 Height in relation to boundary
1. Clause 6.3 of the Resdiential zone rules does not apply to the road boundary of sites in sub-precincts A and C
3.2 Yards
Table 2: Yards
 Yard  Sub-precincts A and C
  Sub-precinct B
 Front  3m  10m
 Side  NA  10m
 Rear  NA  10m
 10m riparian margin
  10m from the edge of all other permanent and intermittent streams
 20m riparian margin
  20m from the edge of all other permanent and intermittent streams
1. Development that does not comply with the 10m yard control in sub-precinct B, but maintains a minimum 3m yard control is a controlled activity.
2.Development that does not comply with the 10m yard control in sub-precinct B, and does not maintain a minimum 3m yard control is a discretionary activity.
3. Development that does not comply with 20m riparian margin control is a discretionary activity.
3.3 Maximum impervious surfaces and building coverage
Table 3: Impervious surface
 Sub-precinct  Underlying zone
  Maximum impervious surface
 A  Single House
  15 per cent - where there is no connection to a reticulated stormwater system
 60 per cent - where there is a connection to a reticulated stormwater system
 Large Lot
 20 per cent
 B  Large Lot
  15 per cent - where there is no connection to a reticulated stormwater system
 60 per cent - where there is a connection to a reticulated stormwater system
 C  Single House
  15 per cent - where there is no connection to a reticulated stormwater system
 60 per cent - where there is a connection to a reticulated stormwater system
Table 4: Building coverage
 Sub-precinct  Underlying zone
  Maximum building coverage
 A  Large Lot
  35 per cent
4. Subdivision controls
1. The subdivision controls in the Babich precinct are those listed in the Single House and Large Lot Residential zones, except as specified below.
4.1 Restricted discretionary performance standards
Table 5: Minimum site size
 Sub-precinct  Underlying zone
  Minimum site size
 A  Single House
  450m2
 Large Lot
  1250m2 – minimum site area
2000m2 – minimum average site size
 B  Large Lot
  4ha
 C  Single House
  450m2
1.Minimum site size where more than 50 per cent of a proposed site is within a significant ecological area or riparian margin
a.1000m2 in sub-precincts A and C with an underlying Single House zone.
2.Subdivision of a site with two zones
a.where proposed sites cover more than one zone, refer to clause 5.2.2.3.1.b) of the Auckland-wide - Subdivsion rules, provided that a site must not have a net site area greater than 1000m2.
5. Assessment - Controlled activities
Matters of control
The Council will reserve its control to the general matters set out in clause 2.3.2 of the General - Rule infringements for permitted, controlled and restricted discretionary activities rules,  and the matters listed below:
1. Yards
a.building location
b.provision of adequate yard control
c.provision of landscaped areas.
Assessment criteria
1. The Council will consider the assessment criteria listed in clauses 2.3.3 of the General - Rule infringements for permitted, controlled or restricted discretionary activities rules.
6. Assessment - Restricted discretionary activities
Matters of discretion
In addition to the specific matters set out for the infringement in the underlying zone, the council will restrict its discretion to the matters below:

Table 6
   General
  Bulk and location  Privacy of adjoining sites
  Residential amenity
  Visual impact
 Retail accessory to an existing industrial activity on-site  X  X  X    
 Offices accessory to an existing industrial activity on-site  X  X  X    
 Industrial activities associated with existing industrial activity on-site  X  X  X  X  X
 Construction, additions and alterations associated with an existing industrial activity on-site  X  X  X  X  X
 Development in accordance with an approved framework plan  X  X  X  X  X
Assessment criteria
The Council will consider the relevant general assessment criteria listed in clause 2.3 of the General - Rule infringement for permitted, controlled and restricted discretionary activities rule, and the underlying zone, and the assessment criteria listed below for the relevant modification:

1.Bulk and location
a.The bulk and location of buildings associated with activities on-site should avoid adverse effects on neighbourhood character, natural landscapes and residential amenity.
2.Privacy of adjoining sites
a.Car parking, loading spaces and driveways associated with activities on-site should not dominate or intrude into the privacy of adjoining sites.
3.Residential amenity
a.Outdoor storage should not detract from the visual amenity enjoyed by residents of adjoining sites.
b.The establishment of any residential activity should meet the performance standards of an approved framework plan.
c.Residential activity should be compatible with existing industrial activities on-site, having particular regard to matters of health and safety.
6.Visual impact
a.Areas of public open space should be planted to offset the visual impact of additional building coverage.
7. Assessment - Development control infringements
Matters of discretion
In addition to the general matters set out in clause 2.3 of the General - Rule infringements for permitted, controlled and restricted discretionary activities rules, and the specific matters set out for the infringement in the underlying zone, the council will restrict its discretion to the matters below for the development control infringement listed.
1.Yards
a.height
b.building location
c.design
d.provision of landscaped areas.

 

2.Impervious surfaces
a.scale
b.location
c.provision of landscaped areas
d.provision of stormwater management devices.
Assessment criteria
In addition to the general assessment criteria in clause 2.3 of the General provisions - Rule infringements for permitted, controlled and restricted discretionary activities rules, and the assessment criteria for the infringement in the underlying zone, the council will consider the relevant assessment criteria below for the infringement listed.
1.Yards
a.Refer to assessment criteria in clause 2 below.
b.Opportunities for providing landscaped areas in the front yard should be maintained.
c.Safe traffic movements and parking and manoeuvring off the road should be allowed for.
2.Impervious surfaces
a.Refer to the assessment criteria in clause 4.14.2.4 of the Auckland-wide rules - Stormwater management.
b.Impervious areas should not destroy or harm surrounding native vegetation.
c.Impervious areas should not result in adverse effects resulting from soil loss from the site.
8. Assessment - Subdivision
Matters of discretion
In addition to the specific matters set out in the Auckland wide - subdivision rules, the council will restrict its discretion to the matters below:
1. Subdivision in sub-precinct A
a.provision of landscaped areas where sites adjoin sub-precinct C
Assessment criteria
In addition to the assessment criteria in the Auckland wide - subdivision rules, the council will consider the relevant assessment criteria below:
1. Subdivision in sub-precinct A
a. Appropriate landscaped areas should be provided for sites which adjoin sub-precinct C.
9. Precinct plan
Precinct plan: Babich