5.2.1 Zone based rules – TRMP Part II Land
Due to the extent of the stormwater network within the 15 UDA’s in the Tasman District it touches on almost all zones. Many of the zones includes a list of activities which are not allowed within the zone. Stormwater infrastructure is not included as a disallowed activity within those zones. Therefore, it is a permitted activity in those zones provided it complies with the stormwater specific rules in those zones. Other zones operate on the reverse assumption that the activity must be one of those included within a list of permitted activities for it to be permitted. The various zones and the status of stormwater infrastructure within them are set out below.
Note that in all cases this district wide consent application also relates to consenting the stormwater discharge in cases where it does not meet the requirements of rule 36.4.2.1. This noted here due to the reference to this rule in each zone. As an example, is the Residential Zone rule 17.1.2.1 o) requiring that the stormwater discharges are either to a Council network that has capacity, or the discharge complies with 36.4.2.1.
Zone RMA Consent Status Applicable rule
Residential s9 Permitted Compliant with rule 17.1.2.1 a) Central Business,
Commercial and Tourist Services
s9 Permitted Compliant with rule 17.2.2.1 a)
Mixed Business s9 Permitted Compliant with rule 17.3.2.1 a) Industrial s9 Permitted Compliant with rule 17.4.2.1 a)
Rural 1 s9 Permitted Compliant with rule 17.5.2.1 a)
Rural 2 s9 Permitted Compliant with rule 17.6.2.1 a)
Rural 3 s9 Permitted Compliant with rule 17.7.2.1 a)
Rural Residential s9 Permitted Compliant with rule 17.8.2.1 a)
Open Space s9 Discretionary Is not one of the permitted activities set out in 17.9.2.1 a) 5
Recreation s9 Discretionary Is not one of the permitted activities set out in 17.10.2.1 a)
Conservation s9 Permitted Compliant with rule 17.11.2.1 a) Rural Industrial s9 Permitted Compliant with rule 17.12.2.1 a) Papakainga s9 Discretionary Is not one of the permitted activities set
out in 17.13.2.1 a) Table 35: Zone Rules
5.2.2 Part III: Coastal Marine Area
The rule within this section of the TRMP is relevant to the existing stormwater outfall structures and pipes which are located within the Coastal Marine Area and are related to the Council Stormwater network serving the various UDA’s along the coastal margin.
Applicable rule RMA Consent Status Comment
25.1.5.7 s12 Controlled This rule specifically relates to the disturbance or occupation of the CMA by, or in connection with, the use, maintenance, repair, replacement or removal of any pipe or discharge outfall structure.
This relates to existing structures; new structures would be a discretionary activity but are excluded from the scope of this application.
Table 36: Coastal Marine Area Rules
5.2.3 Part IV: Rivers and lakes – Rules for Activities in the Beds and on the Surface of Rivers and Lakes
The rules within this section of the TRMP are relevant to the existing stormwater outfall structures which are located within beds of rivers or lakes and are related to the Council Stormwater network serving the various UDA’s along these areas.
Applicable rule RMA Consent Status Comment 28.1.2.1 s13 Permitted or
excluded from application
The various structures related to the stormwater network in the beds of rivers and lakes are either permitted, or where they do not meet the
conditions of this rule it is expected that over time compliance will be achieved. Alternatively, a consent for a specific structure will be obtained where compliance cannot be achieved.
Dams and weirs are specifically excluded from this application.
28.1.3.1 s13 Permitted or excluded from application
The majority of structures related to the
stormwater network are compliant with this rule, in particular the structures have a horizontal area of less than 2 square metres and does not extend over more than 10% of the bed. Note this rule refers to the general requirements of 28.1.2.1 above and any structures which do not comply will either reach compliance, or will obtain their own separate consent.
28.2.2 s13 Permitted or excluded from application
As noted above dams and weirs are specifically excluded from this application.
28.1.6 s13 Permitted or excluded from this application
Bed disturbance activities are already consented through Tasman District Council’s global river works consent (RM100851 – RM100857). This
5TRMP Section 16.6 ‘Network Utilities and Public Works’ provides for the upgrading of existing facilities, or the construction of a new facility in all zones. Arguably this specific provision applies over the general provisions within the zone. As a precautionary measure consent is still applied for in the Open Space, Recreation and Papakainga Zones for the stormwater network to provide consistency across all zones.
allows for activities such as gravel removal, or channel diversion that may be required to undertake maintenance activities in relation to protecting or maintaining the stormwater network.
The river works consent relates to ‘rivers’ within the TDC jurisdictional area, including those within the UDA’s.
Table 37: Rivers and Lakes rules 5.2.4 Part VI: Discharges
Applicable rule RMA Consent Status Comment
36.2.2.3 s15 Discretionary This rule covers discharges into water from any land use (disturbance) activity that may occur in relation to small to medium scale maintenance works on the stormwater network. Note in many cases these discharges are likely to be a
permitted activity.
36.2.2.4 s15 Permitted or excluded from this application
These discharges are covered by Tasman District Council’s global river works consent.
36.4.2.1 s15 Restricted Discretionary
This is the key rule for this consent application and relates to the discharge of or diversion of stormwater or drainage water into water, or onto, or into land, where the stormwater or drainage water may enter water. The discharges from the network are not able to comply with the permitted or controlled standards at all times and therefore consent is sought.
36.4.2.1A (proposed)
s15 Permitted This rule relates to the Richmond Intensive Development Area where the Council SW system is a permitted activity.
Table 38: Contaminant Discharge rules TRMP Section 36.7
The TRMP also contains specific requirements for discharges of water in water management areas of coastal waters within section 36.7.2. Discharges of stormwater containing contaminants occurs from the various Urban Drainage Areas into the Motueka/Riwaka Plains Water Management Area (Schedule 36A), the Waimea Water Management Area (Schedule 36B) and into the Coastal Marine Area (Schedule 36C).
Section 36.7.2 states:
The discharge of any contaminant into water within any water management area or coastal water that requires a resource consent is subject to the following terms:
(a) After allowing for reasonable mixing of the discharge within the receiving water, the quality of the receiving water does not, as a result of the discharge in combination with all existing lawful discharges into the receiving water, contravene the standards specified in the relevant classification of that receiving water given in Schedule 36A, Schedule 36B, or Schedule 36C.
The various applicable standards are set out within those schedules. This AEE considers the effects of the discharge of stormwater into those environments. The Catchment Management Plans that will be required by condition of consent will set out actions to move stormwater discharges further towards compliance with all the standards of the three schedules against which stormwater quality and quantity has an impact.
Note 3 of each schedule states that the standards are mostly narrative standards and that relevant numerical criteria for all potential contaminants that may affect water quality for the specified classes will be considered in relation to an application for resource consent. The intent of this application and the Urban Stormwater Catchment Strategy is to follow a more narrative approach generally without specified numerical measures applied unless considered appropriate in the monitoring programme to be developed for each CMP. This approach is based on the actions within the CMP leading towards continual improvement of the quality of stormwater discharge, including new discharges that occur over time.