Issues

The Three Waters Management (TWM) Chapter implements provisions to manage the impact of land use and subdivision on water resources and services, namely stormwater, wastewater and water supply:

1. Stormwater systems manage the quality and quantity of stormwater runoff to minimise flood damage and to protect people, land, infrastructure and the receiving environment from adverse effects.

2. Wastewater systems collect and convey wastewater for subsequent treatment and disposal. This will normally consist of either connection to the reticulated wastewater network, or on-site treatment and disposal (either individual or communal in nature).

3. A water supply is necessary to ensure that a sufficient quality and quantity of water is available to all properties.

Adequate provision must be made for three waters services when subdividing land to enable the anticipated use of that land and manage potential adverse effects. Subdividers are encouraged to consider efficient, low impact infrastructure designs when preparing applications. Larger scale developments and subdivisions may require an Integrated Three Waters Assessment.

Where a public reticulated three waters network with sufficient capacity is available, connection to it is required when undertaking subdivision where connection is practicable. Connection is also encouraged where this would be a logical extension of the public reticulated network. Successfully implemented and managed reticulated three waters networks have significant economic, social, environmental and cultural benefits and should be protected as regionally significant infrastructure.

Where a connection to the public reticulated network is not available or practicable, an alternative private system will be required when undertaking subdivision. It is important that private systems are appropriately designed to protect the health and wellbeing of residents as well as the health of the receiving environment both on-site and within the surrounding area.

In addition to the District Plan, Whangārei District Council Bylaws may impose controls and restrictions on three waters management. Consent may also be required from the Northland Regional Council with regard to stormwater, wastewater and water supply.

Objectives

TWM-O1Connections

Ensure that connections to public reticulated three waters networks are provided within reticulated stormwater areas, reticulated wastewater areas, and reticulated water supply areas.

TWM-O2Reticulated Networks

Maintain the effectiveness, efficiency and sustainability of reticulated three waters networks.

TWM-O3Integrated Infrastructure

Plan and provide for three waters infrastructure in an integrated and comprehensive manner.

TWM-O4Private Systems

Ensure that private three waters systems are provided where connections are not provided to public reticulated networks.

TWM-O5Adverse Effects

Minimise adverse effects from stormwater and wastewater on people, property, infrastructure, the receiving environment and cultural values.

Policies

TWM-P1Three Waters Infrastructure

To ensure that three waters resources are appropriately managed by requiring subdivision and development to provide three waters infrastructure that:

1. Is coordinated, integrated and compatible with the existing infrastructure and capacities.

2. Enables the existing public reticulated network to be expanded or extended to adjacent land where that land is within a reticulated stormwater area, reticulated wastewater area or reticulated water supply area.

TWM-P2Reticulated Areas

To sustainably and efficiently manage three waters resources by avoiding private three waters systems where connection to the public reticulated network is practicable in a reticulated stormwater area, reticulated wastewater area or reticulated water supply area.

TWM-P3Capacity

To manage the scale and design of subdivision and development where connection is proposed to public reticulated three waters networks to ensure that there is sufficient capacity in the public reticulated networks, or where necessary require upgrades and/or extensions to the public reticulated networks to enable appropriate subdivision and development.

TWM-P4Future Development

To ensure that three waters infrastructure is designed to accommodate the anticipated servicing requirements of plan enabled development in the locality.

TWM-P5Vested Assets

To require vested assets, and connections to vested assets, to be designed and constructed in a manner that protects the ongoing operation, maintenance and upgrading of that asset.

TWM-P6Private Systems

To ensure that where connection to a public reticulated three waters network is not available or practicable that provision can be made for:

1. A water supply.

2. The treatment, disposal, and where appropriate attenuation, of stormwater in a way that does not lead to significant adverse effects on or off site.

3. Management of wastewater via:

   1. An on-site wastewater treatment system; or

   2. Approval to connect to a private wastewater system.

TWM-P7Flooding

To reduce the risk of flood hazards or increased upstream and downstream flood levels resulting from stormwater discharges.

TWM-P8Integrated Three Waters Assessments

To require Integrated Three Waters Assessments for large scale developments to:

1. Provide three waters infrastructure in an integrated and comprehensive manner.

2. Enable and recognise the benefits of green infrastructure and low impact design.

TWM-P9Infrastructure

To require subdividers and developers to meet the fair and reasonable costs of any upgrades or extensions of public reticulated three waters infrastructure which are attributed to the impacts of the subdivision or development.

Rules

TWM-R1Any Activity Not Otherwise Listed in This Chapter

Activity Status: Permitted

Where in All Zones and Port Nikau Development Area:

1. Resource consent is not required under any rule of the District Plan.

2. The activity is not prohibited under any rule of the District Plan.

TWM-R2Subdivision (Stormwater)

Activity Status: Restricted Discretionary

Where in All Zones and Port Nikau Development Area:

1. All sites are designed and located so that provision is made for:

   1. The collection, treatment and disposal of stormwater that meets the following requirements:

      1. Any attenuation is able to accommodate an additional 20% for climate change.

      2. The primary stormwater system is capable of conveying a 50% AEP storm event (+20%) where the system is a piped network with no surcharge.

      3. The primary stormwater system is capable of conveying a 20% AEP storm event (+20%) where the system is a piped network allowing a discharge within 0.3m of the lid level.

      4. The secondary stormwater system is capable of conveying the 1% AEP storm event (+20%) within a defined path to ensure that surface water will not enter buildings (excluding detached garages).

      5. The stormwater system will not connect or overflow to any wastewater system.

      6. The stormwater system is designed and constructed for an asset life of at least 50 years.

   2. Connection to a public reticulated stormwater network where the site is located within a reticulated stormwater area.

Matters of discretion:

1. Adverse effects on existing reticulated stormwater networks.

2. The capacity of existing reticulated stormwater networks and whether the servicing needs of the proposal require upgrades to existing infrastructure.

3. Feasibility of connection to and logical extension of the existing reticulated stormwater networks.

4. Adverse effects on the surrounding environment and neighbouring properties from the collection, treatment and disposal of stormwater.

5. The efficient provision of services to the land being subdivided and to nearby land that might be subdivided in the future.

6. The appropriate level of attenuation within the site based on surrounding and downstream flooding risks.

7. The ability of the stormwater system to ensure that the peak discharge flow rates from the site are not increased beyond the levels that exist prior to the proposed subdivision and future land uses (except in circumstances where that is not appropriate).

Note:

1. Acceptable means of compliance for the provision, design and construction of infrastructure is contained within the Whangārei District Council Engineering Standards.

Activity Status when compliance not achieved: Restricted Discretionary

Matters of discretion:

1. The matters of discretion listed in TWM-R2.

2. The extent and effects of any non-compliance with TWM-R2.

Notification:

Any restricted discretionary activity under TWM-R2 shall not be notified or limited-notified unless the relevant Network Utility Operator is determined to be an affected person in accordance with section 95B of the Resource Management Act 1991 or Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.

TWM-R3Subdivision (Wastewater)

Activity Status: Restricted Discretionary

Where in All Zones and Port Nikau Development Area:

1. All sites (excluding any site for accessways, roads, utilities and reserves) are designed and located so that provision is made for:

   1. Collection, treatment and disposal of wastewater.

   2. Connection to a public reticulated wastewater network where the site is located within a reticulated wastewater area.

Matters of discretion:

1. Adverse effects on existing reticulated wastewater networks.

2. The capacity of existing reticulated wastewater networks and whether the servicing needs of the proposal require upgrades to existing infrastructure.

3. Feasibility of connection to and logical extension of the existing reticulated wastewater networks.

4. Provision of wastewater collection, treatment and disposal.

5. Adverse effects on the surrounding environment and neighbouring properties from the collection, treatment and disposal of wastewater.

6. The efficient provision of services to the land being subdivided and to nearby land that might be subdivided in the future.

Note:

1. Acceptable means of compliance for the provision, design and construction of infrastructure is contained within the Whangārei District Council Engineering Standards.

Activity Status when compliance not achieved: Restricted Discretionary

Matters of discretion:

1. The matters of discretion listed in TWM-R3.

2. The extent and effects of any non-compliance with TWM-R3.

Notification:

Any restricted discretionary activity under TWM-R3 shall not be notified or limited-notified unless the relevant Network Utility Operator is determined to be an affected person in accordance with section 95B of the Resource Management Act 1991 or Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.

TWM-R4Subdivision (Water Supply)

Activity Status: Restricted Discretionary

Where in All Zones and Port Nikau Development Area:

1. All sites (excluding any site for accessways, roads, utilities and reserves where no irrigation is required) are designed and located so that provision is made for:

   1. A water supply.

   2. Connection to a public reticulated water supply network where the site is located within a reticulated water supply area.

Matters of discretion:

1. Adverse effects on existing reticulated water supply networks.

2. The capacity of existing reticulated water supply networks and whether the servicing needs of the proposal require upgrades to existing infrastructure.

3. Feasibility of connection to and logical extension of the existing reticulated water supply networks.

4. Provision of suitable drinking water.

5. The efficient provision of services to the land being subdivided and to nearby land that might be subdivided in the future.

Note:

1. Acceptable means of compliance for the provision, design and construction of infrastructure is contained within the Whangārei District Council Engineering Standards.

Activity Status when compliance not achieved: Restricted Discretionary

Matters of discretion:

1. The matters of discretion listed in TWM-R4.

2. The extent and effects of any non-compliance with TWM-R4.

Notification:

Any restricted discretionary activity under TWM-R4 shall not be notified or limited-notified unless the relevant Network Utility Operator is determined to be an affected person in accordance with section 95B of the Resource Management Act 1991 or Council decides that special circumstances exist under section 95A(4) of the Resource Management Act 1991.

TWM-R5Subdivision (Integrated Three Waters Management Assessments)

Activity Status: Controlled

Where in All Zones and Port Nikau Development Area:

1. The subdivision results in 8 or more additional sites (excluding sites for the purposes of reserves, network utilities or transport corridors) from one parent site which existed at 4 June 2021.

Matters of control:

1. Recommendations, proposed mitigation measures and conditions of the Integrated Three Waters Assessment and any further information provided through the consent process, including matters relating to:

   1. The effects on the sustainable provision of three waters infrastructure, and the sustainable use of three waters resources.

   2. Methods of minimising impacts on three waters resources, including methods to reduce, reuse and/or recycle three waters resources.

Note:

1. Any application shall comply with information requirement rule TWM-REQ3.

TWM-R6Land Use (Integrated Three Waters Management Assessments)

1. Activity Status: Controlled

   Where in the Business Zones and Port Nikau Development Area – Local Commercial Area:

   1. The activity increases the impervious area within a site by 1,000m² – 5,000m² from what existed at 4 June 2021.

   Matters of control:

   1. Adverse effects on environmental and cultural values from the management and discharge of stormwater and wastewater.

   2. The provision of integrated low impact design or green infrastructure solutions to minimise adverse effects.

   3. Opportunities for multipurpose infrastructure (i.e. stormwater reserves that function as walking tracks).

   4. The ability of three waters infrastructure to service potential future development within the site.

2. Activity Status: Restricted Discretionary

   Where in the Business Zones and Port Nikau Development Area – Local Commercial Area:

   1. The activity increases the impervious area within a site by more than 5,000m² from what existed at 4 June 2021.

   Matters of discretion:

   1. Recommendations, proposed mitigation measures and conditions of the Integrated Three Waters Assessment and any further information provided through the consent process.

Notes:

1. Any application shall comply with information requirement rule TWM-REQ3.

2. Impervious areas less than 1,000m² are permitted under TWM-R1.