20 August 2015 Chapter 34 - Marina Zone • Buildings and structures within 8 metres of any stopbank up to 100% dispensation; • Building setbacks by up to 20% of the maximum specified condition; • Buildings exceeding the maximum permitted height by up to a maximum of 20% of the specified condition; • Landscaping requirements; and • Parking requirements. 34.3.2 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 34.3.3 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. 34.3.3 Matters for Consideration in the Exercise of Council’s Discretion In considering any application for minor non-compliance the Council will in the exercise of its discretion have regard to the following matters: The non-compliance should not: a) Diminish the natural character of the locality, having regard to the natural character areas identified in Appendix Two, Volume One; b) Detract from the openness of the site when viewed from the street; c) Detract from the functioning of the roading networks; d) Adversely affect privacy enjoyed on adjoining residential properties; e) 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; f) Significantly reduce the usability or amenity of open space, living courts, or service courts on the applicant’s site; g) Adversely affect on-site vehicle manoeuvring or car parking areas or affect the safe flow of traffic on adjoining road; and h) Adversely affect public access to the coastal marine area. 34.3.4 Activities within Riparian Management Zones (specified in Appendix I and Ecology Maps in Volume Three) 34.3.4.1 Matters to which Council has restricted the exercise of its discretion: a) The effects on the natural clarity of any river, lake, wetland or the sea; 34 - 15