Marlborough Sounds Resource Management Plan 31.3 Limited Discretionary Activities • Minor Non Compliance; and • Activities within Riparian Management Zones (specified in Appendix I and Ecology Maps in Volume Three). 31.3.1 Minor Non Compliance Minor non-compliance with the conditions for Permitted Activities may be permitted to the extent specified below and will be considered by way of a Limited Discretionary Consent: • Buildings encroaching the height envelope created by the recession plane angles by a maximum of 1.0 metre in any direction; • Buildings exceeding the maximum height by 20% of the specified condition; • Erection of a verandah; and • Parking requirements. 31.3.2 Limits to the Council’s Discretion In each of the above cases the Council’s discretion shall be limited to a consideration of the adverse effects expected to directly result from the proposed non-compliance; together with such matters listed in Rule 31.3.3 below as are relevant to the non- compliance. All applications for minor non-compliance shall be non-notified, however, the Council may require the written approval of every person who may in the Council’s judgement be adversely affected by the granting of the consent for non-compliance unless it is considered unreasonable in the circumstances to require such approval. 31.3.3 Matters for Consideration in the Exercise of Council’s Discretion 31.3.3.1 In considering any application for minor non-compliance the Council will in the exercise of its discretion give consideration to the following matters: 31.3.3.2 The non-compliance should not: a) Diminish the overall character of the locality; b) In the case of a verandah whether it will in the circumstances existing serve a useful function for providing pedestrian shelter; c) Adversely affect privacy enjoyed on adjoining residential properties; d) Significantly diminish the daylight available to adjoining properties or cause shading of outdoor living areas, service courts, open space or habitable rooms on adjoining properties; e) Adversely affect on-site vehicle manoeuvring or car parking areas or affect the safe flow of traffic on adjoining roads; 31 - 12