Rule 48A Uses of land within the Waiohine River floodway, the Lower Ruamahanga River floodway, and the Hutt River floodway

[The use of land in a floodway, other than a use:

• that is consistent with the purpose of flood protection that the floodway was designed for, or
• that is for the maintenance or repair of an existing structure, which does not extend, or add to, the external dimensions of any structure; or
• that was lawfully established by a resource consent prior to 9 February 2002 (the date Plan change 1 to the Regional Freshwater Plan December 2002 was notified); within:

(1) the Waiohine River floodway and the Lower Ruamahanga River floodway, which;

(a)Erects, places, or extends any structure that obstructs the flow of water, other than a wire fence not exceeding 1.2 metres in height;

(b)Deposits any substance that obstructs the flow of water; or

(c) Plants any trees or shrubs that, in combination with other plantings of trees or shrubs, are likely to obstruct the flow of water when the trees or shrubs grow to maturity;

(2) the Hutt River Floodway, which:

(a) Erects, places, or extends any structure that obstructs the flow of water;

(b)Deposits more than 20 cubic metres of any substance;

is a restricted discretionary activity.

Discretion

The matters over which the Wellington Regional Council shall exercise its discretion are

(1) The effects of the proposed activity on the structural integrity of any defence against water;

(2)The effects on flood flows;

(3)The duration of the consent;

(4)The carrying out of measurements, samples, analysis, survey, and investigations;

(5)The provision of information to the Council at specified times.

Note: The definition of floodway is given in Section 3 of the Plan.]

Rule 48A and the note with the Rule were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002.This rule has been appealed to the Environment Court.