Marlborough Sounds Resource Management Plan 26.1.4.4.3 In considering whether or not special circumstances exist, the Council will include consideration of: a) The record of compliance with any previous conditions relating to the activity for which a land use consent is sought; and b) The extent of public and tangata whenua interest in the activity and/ or its effects. 26.1.4.5 Culvert, Bridges and other Stream Crossings The installation of culverts, bridges and other stream crossings is a Discretionary Activity. 26.1.4.5.1 Standards for installation shall include: a) That the structures are to be designed to allow the passage of water from a storm event of 20% probability for a temporary structure and 2% probability for permanent structures; and b) Culverts are to be constructed and maintained as suitable for fish passage. 26.1.4.5.2 The matters over which the Council has restricted the exercise of its discretion include: a) Location of the culvert; b) The free flow of water; c) Public access to and along the lake or river; d) Duration of the consent; e) A compliance monitoring programme; f) A financial contribution and/ or bond; and g) Administrative charges. 26.1.4.5.3 Applications may, at the discretion of the Council, be considered without notification and without the need to obtain the written approval of affected persons in accordance with section 94(1A) of the Act. Applications may however be notified if special circumstances exist in terms of section 94(5) of the Act. 26.1.4.5.4 In considering whether or not special circumstances exist, the Council will include consideration of: a) The record of compliance with any previous conditions relating to the activity for which a land use consent is sought; and b) The extent of public and tangata whenua interest in the activity and/ or its effects. 26.1.5 Rules for the Construction of a Dam A consent for the construction of any dam, on-stream or off-stream, does not cover the taking, use, damming or diversion of water controlled under section 14 of the Act. A separate water permit will be required for the taking, use, diversion or damming of water associated with a dam. 26.1.5.1 Permitted Activities Unless expressly limited elsewhere, the construction or alteration of a small dam is a Permitted Activity where it meets the following conditions: 26 - 6