Marlborough Sounds Resource Management Plan 10 March 2006 36.3 Limited Discretionary Activities • Minor Non Compliance; • Activities within Riparian Management Zones as specified in Appendix I and Ecology Maps in Volume Three; and • Commercial Forestry. • The discharge of domestic wastewater authorised by resource consent prior to 21 April 2005, or the discharge of domestic wastewater through any on-site wastewater management system installed after 21 April 2005, into or onto land. 36.3.1 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 Limit ed Discretionary Consent: • Access gradients - up to 5% of the specified standard; • Buildings encroaching into any required yard; • Buildings encroaching the height envelope created by the recession plane angles by a maximum of 1 metre in any direction; • Buildings exceeding the maximum permitted height by up to a maximum of 20% of the specified condition; • Buildings exceeding the maximum permitted site coverage by up to a maximum of 20% of the specified condition; and • Parking requirements where site circumstances make it impracticable to comply with conditions; • Activities within Riparian Management Zones as specified in Appendix I and the Ecology maps in Volume Three; and • Commercial Forestry. 36.3.1.1 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 36.3.1.2 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. 36.3.1.2 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 give consideration 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) Have any significant effect on the rural landscape; 36 - 26