Western Bay of Plenty
Caravans/Mobile Home Rules for Western Bay of Plenty
- If a caravan/mobile home (no bigger than 60m2) is self-contained, they are considered ‘minor dwellings’ in the district plan and require resource consent if additional to any main dwelling already on a property (unless it is the only dwelling on the title)
- In the Rural, Rural Residential, Future Urban and Lifestyle Zones one minor dwelling in addition to the main dwelling is acceptable on each title subject to:
- The general requirements such as height (9m) of the minor dwelling and setback distances between the minor dwelling to the boundaries (30m but can be reduced in some instances)
- The specific minor dwelling requirements including:
- needing to be within 20m of the main dwelling on the title sharing the same driveway access as the main dwelling
- if an attached or detached garage or carport is to be built, it must be no larger than 18m2
- payment of financial contributions for the extra pressure put on Council services. These are set at 50% of the standard contributions in recognition of the size of the dwelling.
- A rural property can have one main dwelling plus an additional accommodation facility for up to five people as a permitted activity (no consent required) subject to the following rules:
- The total area available for use is no larger than 60m2 (gross floor area)
- Must not contain a kitchen facility or otherwise be self-contained
- A 30m setback distance between the accommodation facility to the boundary (30m but can be reduced in some instances)
- Shall not be located any closer than 60m to any existing or consented dwelling
In the Residential Zone the rules are the same, except you may be allowed more than one minor dwelling if you have enough land and minor dwellings do not need to be within 20m of the main dwelling.
Tiny Homes Rules for Western Bay of Plenty
Tiny houses are defined as a minor dwelling and are subject to the same rules as caravans/mobile homes. However to work out of the tiny home requires a building consent, refer to the below rules:
- If a tiny house is built on wheels it is classed as a vehicle and must comply with the Land Transport Act 1998 (with registration and a warrant of fitness). As a vehicle, it will not need a building consent at the time it is built so long as the tiny house:
- possesses wheels, chassis, axles, brakes, lights, drawbar and trailer hitch; and
- the trailer has, and maintains at all times, a valid registration and WOF; and
- tiny house is incapable of being fixed (i.e. the “superstructure” can’t be removed from the trailer); and;
- the tiny house is self-contained in terms of all services (like a campervan); and
- the design of the tiny house enables relocation with relative ease.
- However, a building consent will be needed if the tiny house is:
- immovable and you intend to occupy the home on a permanent basis; or
- connected to plumbing and/or drainage services; or
- closer than its own height to a boundary and/or adjacent building.
There are other requirements in the District Plan for minor dwellings and accommodation facilities that you may need to address. These can be found under section 18.4.1 rural section.
Seasonal Worker Accommodation Variation of Consent
Some seasonal worker accommodation consent conditions only allow for RSE workers to be accommodated. Western Bay of Plenty District Council has provided flexibility on these consent conditions to acknowledge the impact of Covid-19 and the border closure preventing RSE workers from arriving. The council has agreed that it is acceptable for other workers working in the kiwifruit industry to occupy seasonal worker accommodation without a variation of consent. Councils’ advice is that consent holders continue to operate the facilities in accordance with their Site Management Plan and to communicate with Council any issues related to non-compliance with current consent conditions. In particular, the increased potential of traffic effects as a result of domestic workers (who generally have their own transport) as opposed to RSE workers (who are usually transported in vans). If the facility is unable to operate in general accordance with its consent conditions Council may require a variation to any existing resource consents.
This advice will be reviewed in the next 6-12 months. More information can be found here.
On Monday 10 August, the Tauranga District Court dismissed the appeal by Western Bay of Plenty District Council against NZKGI and ruling by the Ministry of Business, Innovation and Employment (MBIE) that found that access and facilities for disabled people were not required for a change of use rural property in Te Puke. The Judge also commented on the classification of change of use dwellings and precedence setting and NZKGI will continue to work through these rulings with MBIE in the coming weeks. The decision can be read here.
District Plan Changes
The Western Bay of Plenty District Council has announced its decisions on the District Plan proposed plan changes 82-84 and 86-91. NZKGI provided a submission on each of the plan changes and the Council has generally accepted our submission points (submission attached). Below is the key changes to the plan changes that relate to kiwifruit.
- Post-Harvest Zone – Review of Provisions
The height restrictions for post-harvest facilities have increased from 12 to 14m. This means that a post-harvest facility can be built upto a height of 14m as a permitted activity
- Accommodation Facility Permitted Limit
The accommodation facility limit has been extended from four to five to align with the Building Act (excludes staff). This is in relation to a boarding house type situation before a change of use would be triggered.
- Frost Protection Fans
A change in activity status from controlled to permitted the operation of frost fans for testing purposes outside of set times Monday – Friday 8am to 5pm.
Rule requiring new dwellings to be designed to mitigate noise effects from frost protection fans.
Exemption for frost protection fans in post-harvest zones to reach a height restriction of 15m.
- Rural Contractors Depots – Separation Distances
Amendments to setback wording for rural contractors deport to include any associated vehicle access ways, driveways, vehicle parking and/or maneuvering areas.The Rural Contractors Depot (including any associated vehicle access ways, driveways, vehicle parking and/or maneuvering areas) shall not be located within 60 metres of any existing or consented Dwelling, Minor Dwelling, Education Facility or Accommodation Facility that is located on a title separate to that of the subject site and in different ownership to that of the Rural Contractors Depot operator.
- Rangiuru Business Park – Water Supply Option
Adding Pongakawa bore as additional option as water supply option
District Council Plan Changes
Plan Change 85 – Cleanfill Activities
The purpose of the plan change is to manage the adverse effects of cleanfill activities on the transportation network, infrastructure and network utilities, safety and convenience of road and access users, and on the amenity of residential activities and other sensitive sites.
The decisions on cleanfill activities can be found here.