Marlborough Sounds Resource Management Plan 39.2.1.1 Limits to 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 39.2.1.2 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. 39.2.1.2 Matters for Consideration in the Exercise of Council’s Discretion 39.2.1.2.1 In considering any application for minor non-compliance the Council will in the exercise of its discretion give consideration to the following matters: 39.2.1.2.2 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) Adversely affect the privacy enjoyed on adjoining residential properties; c) 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; and d) Adversely affect on-site vehicle manoeuvring or car parking areas or affect the safe flow of traffic on adjoining roads. 39.2.1.3 Conditions Any Resource Consents may include conditions relating to any one or more of the following: a) The bulk and location of buildings and structures including fences; b) The protection of public and private amenity values; c) The design and appearance of any buildings or structures; d) Landscape design and appearance of any buildings or structures; e) Landscape design and appearance and site layout; f) The protection of the roading network and any traffic impacts; and g) Bonds or covenants to secure the performance of consent conditions. 39.2.2 Activities within Riparian Management Zones (specified in Appendix I and Ecology Maps in Volume Three) • Vegetation clearance except for commercial forestry trees and plant pests , including those listed in the Regional or National Pest Management Strategies; • Excavation and filling; • Cultivation; • Replanting of commercial forestry or woodlots. 39 - 10