Tasman District Council has received the following application for resource consent.
Publicly notified Wednesday 27 November 2024. Submissions close on Wednesday 29 January 2025.
On 2 December 2024, Council received the full iwi consultation documentation that was summarised and referenced in the AEE as Annexure F.
This information can be accessed here:
D Tipple & T Tipple & M Tipple
Site address: 38 Kaiteriteri Sandy Bay Road, Kaiteriteri
Legal Descriptions: Lot 2 DP 7124 and unformed legal road
Record of Title: NL2B/1375
Aerial photo of the site
D Tipple & T Tipple & M Tipple, have applied to the Tasman District Council for retrospective resource consent for a deck and associated stairway at 38 Kaiteriteri Sandy Bay Road, Kaiteriteri, that also extends down the hillside across an unformed legal road to access the beach below the property.
The site plans show the deck extending to the boundary of 36 Kaiteriteri Sandy Bay Road, 8m at the closest point to the boundary of 44 Kaiteriteri Sandy Bay Road, 4.5m at the closest point to the boundary of the Kaka Point Reserve and almost up to the boundary (no exact measurement is given) of the unformed legal road. Elevations are included with the application that show the deck is over 2m in height (approximately 3.6m at the highest point) and breaches the boundary setback as well as daylight admission with 36 Kaiteriteri Sandy Bay Road.
The structure is located within a Residential Zone, the Land Disturbance Area 2, the Coastal Environment Area (CEA), and a Cultural Heritage Precinct, as defined by the Tasman Resource Management Plan.
Land use consent is required under the Tasman Resource Management Plan (TRMP) for the following reasons:
Residential Zone Rules
The activity cannot comply with the following Permitted activity conditions of Rule 17.1.3.1:
Therefore, it is a Restricted Discretionary activity under Rule 17.1.3.4.
Open Space Zone Rules
The activity cannot comply with the following Permitted activity condition of Rule 17.9.2.1:
5. condition (d) – setback – is not met as the deck and stairs are closer than 3m from boundary.
Therefore, it is a Discretionary activity under Rule 17.9.2.5.
Heritage Precinct Rules
The activity cannot comply with the following Permitted activity condition of Rule 16.13.6.1:
6. condition (d) – The deck and stairs have both been erected in a cultural heritage precinct without authority or written permission from Heritage New Zealand Pouhere Taonga.
Therefore, it is a Restricted Discretionary activity in accordance with rule 16.13.6.3.
Land Disturbance Rules
The activity cannot comply with the following Permitted activity condition of Rule 18.5.3.1
7. condition (b)(iv) – The pile hole excavations for both structures were 0.6 metres in width in the Land Disturbance Area 2 where they are required to be less than 0.6m width.
Therefore, it is a Controlled activity in accordance with 18.5.3.2.
Road Area Rules
The activity is partly on unformed road and as such does not comply with the following Permitted activity condition of Rule 18.8.2.1:
8. condition (a) – the activity does not meet this rule as the deck and stairs could prevent or hinder the construction, reconstruction, maintenance or use of the road.
However, no further rule cascade exists beyond Rule 18.8.2.1. Therefore, it is a Discretionary activity pursuant to Section 87B of the RMA.
Coastal Environment Area Rules
The activity cannot comply with the following Permitted activity condition of Rule 18.11.2.1:
9. condition (a) – land use – the activity does not meet this rule as the deck and stairs is considered a new building.
The activity cannot comply with the following Controlled activity condition of Rule 18.11.3.1:
10. condition (b) (iv) – setback to MHWS 30m – the activity does not meet this rule as the deck and stairs is closer than 30m to MHWS.
Therefore, it is a Restricted Discretionary activity under Rule 18.11.3.2.
Overall Activity Status
Overall, based on the information submitted with the application, the proposal is a Discretionary activity.
You can see the application documents below. If you have any questions about the application contact us by email at [email protected] or phone 03 543 8400.
When:
Submissions close at 5pm on Wednesday 29 January 2025.
Who:
Any person may make a submission on the application, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that—
a) adversely affects the environment; and
b) does not relate to trade competition or the effects of trade competition.
How:
The submission must be in accordance with Form 13 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
You can lodge your submission with the Tasman District Council (Resource Consents Administration Officer) in any of the following ways:
You must also serve a copy of your submission on D Tipple & T Tipple & M Tipple (the applicant) as soon as reasonably practicable after serving your submission on Tasman District Council.
The applicant’s contact details are:
D Tipple & T Tipple & M Tipple
c/- Tayla Carson
[email protected]
Planscapes (NZ) Limited
PO Box 99
Nelson 7040
More information on submissions can also be found here.
The following applies if you are a trade competitor of the applicant.
Your right to make a submission may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.
You can make a submission only if you are directly affected by an effect of the activity to which this application relates that:
You must declare in your submission:
You must have asked to speak at a hearing. If you will consider making a joint submission with any person presenting a submission simialr to yours, you must tell us that you're willing to make a joint submission under those circumstances.
I request (under section 100A of the RMA), that you delegate your functions, powers, and duties to hear and decide the application to one or more hearings commissioners who are not members of the local authority.
