2. AEE – Assessment of Environmental Effects

APPLICATION FOR A RESTRICTED DISCRETIONARY ACTIVITY RESOURCE CONSENT APPLICATION

FOR

LAND USE AND SUBDIVISION CONSENT FOR STAGE 7- 2 of WAIATA SHORES

AT

1V GREAT SOUTH ROAD CONIFER GROVE

PREPARED BY: ANGELA CRANG DELTA PLANNING LTD Amended August 2018

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, February 2018 APPLICATION FOR LAND USE RESOURCE CONSENT Pursuant to Section 88 of the RESOURCE MANAGEMENT ACT 1991 ASSESSMENT OF ENVIRONMENTAL EFFECTS

1. THE APPLICANT AND PROPERTY DETAILS

To:

Applicants Name: Fletcher Residential Living

Address for Service: Angela Crang Delta Planning Ltd PO Box 25 804 St Heliers Tel: (09) 5752091 Mob: 027 3371395 Email: [email protected]

Name and Address for Fees: Fletcher Residential Ltd Council Account: 2651424380

Site Address: 1V Great South Road and Brylee Drive ROAD (Cul-de- sac and berm) Conifer Grove Auckland

Legal Description: Lot 1 DP 26562 (comprised in CT NA1830/50 = 36.9852ha) and Brylee Drive Road

Owners of Site: Fletcher Residential Limited

Site Area: 36.9852ha (Total Site) 1,104m2 (Lot 1004) 890m2 (Brylee Drive)

Auckland Unitary Plan (Operative in Part) (AUP(OP))

AUP(OP) Zoning: Residential – Mixed Housing Urban

AUP(OP) Precinct: N/A

AUP (OP) Overlays: Natural Resources: Significant Ecological Areas Overlay - SEA-M2-171, Marine 2

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 2

Natural Resources: Significant Ecological Areas Overlay - SEA-M2-171w1, Significant wading bird area, Marine 2 Natural Resources: High-Use Aquifer Management Areas Overlay [rp] - Clevedon West Waitemata Aquifer Built Heritage and Character: Historic Heritage Overlay Place [rcp/dp] - 654, Midden R11_995 Shell midden

AUP(OP) Controls: Vehicle Access Restriction Control - Motorway Interchange Control Coastal Inundation 1 per cent AEP Plus 1m Control - 1m sea level rise Macroinvertebrate Community Index - Exotic Macroinvertebrate Community Index - Urban

AUP(OP) Designations Airspace Restriction Designations - ID 1102, Protection of aeronautical functions - obstacle limitation surfaces, Auckland International Airport Ltd Airspace Restriction Designations - ID 200, Ardmore Airport - Height Restrictions, Ardmore Airport Ltd Designations - 6706, State Highway 1 - to Drury, Designations, Transport Agency

Non-statutory Information Overland Flow Paths Flood plain Contamination

Italics do not affect the area of Lot 1004

Brief description of proposal: Application for Stage 7-2 of Waiata Shores which includes the construction of a road and creation of 2 lots.

Summary of reasons for consent: The application will require resource consent for the following matters: Land Use Consent - Earthworks Subdivision Consent - Stage 7-2 to create 2 lots; and - Subdivision of land subject to 1 per cent annual exceedance probability floodplain

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 3

Locality diagram:

Source: Auckland Council GIS viewer, Jan 31, 2018 Subject Site

Other types of consents required or obtained: N/A.

I attach, in accordance with the Fourth Schedule to the Resource Management Act 1991, an assessment of environmental effects that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

______Signature of duly authorised agent

Angela Crang Delta Planning Ltd Date: 9 August 2018

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 4

2. SITE AND CONTEXT DESCRIPTION 2.1 The Site The site for this application includes two portions of land from greater sites, Lot 1004 from the Waiata Shores Development and the cul-de-sac and berm of the western end of Brylee Drive.

Waiata Shores’ current legal description is Lot 1-2 DP 47559 and Part Lot 1 DP 26562, and is held within Certificate of Title NA1830/507 with a CT area of 36.9852ha. The land is owned by Fletcher Residential Limited. A copy of the title is included in Appendix 1.

Waiata Shores is located immediately to the west of the Takanini off ramp on the Southern Motorway with vehicular entrance to the site from Great South Road. The site was home to the Manukau Golf Course from 1932 until the Golf Course relocated on 31St August 2016. The site is zoned Residential - Mixed Housing Urban under the Auckland Unitary Plan (Operative in Part) and is currently being developed as a housing estate.

Resource Consent was granted by Auckland Council (Council Reference R/JSL/2013/2042 – Appendix 2 for current conditions at lodgement) to undertake a subdivision in 7 stages on the former Manuakau Golf Club land. The consent included enabling works to facilitate the subdivision i.e. bulk earthworks, flood plain modifications and removal of generally protected trees. Regional permits were also granted for discharging treated stormwater and remediating of identified contaminated areas.

Fig 1: Location of Lot 1004 within the Waiata Shores development

Location of Lot 1004

Condition 100 of R/JSL/2013/2042 placed a consent notice on Lot 1004 which states: The future development of Balance Lots 1004, 1008 and 1009 will require further resource consent(s) from Auckland Council. In considering the appropriateness of the development for Balance Lot 1004, 1008 and 1009, Auckland Council will consider the proposal based on its merits, with particular regard to the proposed design of the development, including how the development is proposed to link to the existing road network

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 5

There have been a number of variations to the resource consent however none of the variations affect the lot associated with this application.

The enabling works under R/JSL/2013/2042 in the location of Lot 1004 have been undertaken and a SVR report (Appendix 3) details contamination testing has been conducted and certifies that the land has been remediated.

Lot 1004 is relatively flat and is bounded by Gosper Drive and Road 2 to the west, Lot 106 to the south and Brylee Drive to the east. The topography of the site is shown on the Engineering Plans (2-C200) in Appendix 4.

Brylee Drive is a residential street that starts at Walter Strevens Drive, the main access into Confer Grove and travels west to the boundary of Waiata Shores. The road terminates in a cul-de-sac with a relatively flat berm of 14.5 metres to the western boundary.

Designation 6706 – State Highway 1 – Takanini to Drury covers part of the site from the edge of the cul de sac of Brylee Drive across the berm to the boundary with Waiata Shores. The designation is to provide access to the motorway and S176 approval has been obtained from New Zealand Transport Authority (Designating Authority).

2.2 Context Waiata Shores is located southeast of Manurewa town centre and is bound by Great South Road to the north, the southern motorway to the east, the Papakura Stream to the west and Inlet to the South.

3.0 THE PROPOSAL

The application is for stage 7-2 of Waiata Shore. Stage 7-2 is to subdivide Lot 1004 into 2 freehold lots and creating a road between Brylee Drive and Gosper Drive.

The land use application is for earthworks and construction of the road between Brylee Drive and Gosper Drive. The road will be finished to match the existing standards of Gosper Drive. The Brylee Drive/Gosper Drive road connection is part of a memorandum of understanding (MOU) between Fletcher Living Limited and Auckland Transport. (Appendix 5). Under the MOU the connection is to be constructed as part of Stage 2 of Waiata Shores. Physical works were completed for Stage 2 at the end of March 2018 and certificate of titles have been issued for the lots associated with stage 2.

The subdivision will form Lot 4 which will have an area of 476m2 while Lot 820 will have an area of 628m2 and will be vested as road. The vested lot will create a connection between Gosper Dive and Brylee Drive as requested by Auckland Transport in accordance with the MOU.

3.1 Earthworks Bulk earthworks were undertaken in accordance with Resource Consent R/JSL/2013/2042 and the ground levels on Lot 4 will not be changed by this application. However, earthworks will be required to form the proposed public road connection with Brylee Drive and amount to 1,212m3 of earthworks over 0.2 hectares.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 6

608m3 of earthworks will be stockpiled on site for future works and 220m3 of topsoil will be moved offsite via roads within the Waiata Shores development.

3.2 Contamination During site establishment contamination remediation was undertaken on the northern portion of the parent site which included Lot 1004. Since then Soil and Rock Consultants have undertaken a Site Validation Report (SVR) (Appendix 3) which confirms that the land has been remediated and is within the permitted standards of the National Environment Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

3.3 Accessways Access to Lot 4 will be from Road 2 or the new road connection between Brylee Drive/Gosper Drive. Vehicular crossings are not proposed at this stage as the design of the dwelling will dictate where the crossing will be required.

3.4 Drainage Stormwater and Sanitary Sewer reticulation will be installed so that Lot 4 has a connection available. These connections will be to pipes that were established for stages 1 and 2 and are in situ.

3.5 Flooding The eastern side of Lot 1004 and Brylee Drive are shown on Council’s GIS system as affected by flooding and an overland flow path. For Lot 1004 this is information is based on data pre-bulk earthworks which recontoured the land. Harrison Grierson Consultants have undertaken modelling of the entire development associated with flooding and overland flow paths. The bulk earthworks raised the ground of Lot 1004 and an area affected by flooding is located on the road to the northwest of Lot 1004. The engineering report by Crang Civil (Appendix 6 bases their recommendations from the flooding and overland flow path on the modelling undertaken post bulk earthworks), recommends that a finished floor level 500mm above the flood level be placed on Lot 4. This recommendation is precautionary as the proposed road connection between Brylee Drive and Gosper Drive will affect the flooding dynamics and it is likely that the flood level will lower or possibly dissipate into the area on Gosper Drive.

3.6 Services Water, power and telecommunication services will be provided to the boundary of Lot 4 from existing supply in Road 2.

4 PLAN RULES ASSESSMENT

The following assessment has been undertaken by Angela Crang, Delta Planning Limited in February 2018.

4.1 Auckland Unitary Plan (Operative in Part) (AUP (OP)) The Auckland Unitary Plan was made Operative in Part on the 15th November 2016. As the decisions for this application are still to be made an assessment against the

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 7

Auckland Unitary Plan (Operative in Part) (AUP(OP)) is required. And is undertaken below:

4.1.1 Land use Consent

Rule Activity Status Comment Operative

Chapter D Overlays N/A No Overlays are affected by Y this proposal

Chapter E Auckland Wide

Natural Resources

E11 Land disturbance – Regional: E11.4.1(A3) Earthworks Permitted The proposal has 2,000m2 Y 2 up to 10,000m and slope of earthworks and a slope less than 10 degrees less than 5 degrees

E12 Land Disturbance – District: E12.4.1(A5) greater than Restricted The area of land affect by Y 2 1,000m2 and upto 2500m2 Discretionary earthworks is 2,000 m

of general earthworks

E12.4.1(A10) greater than Restricted The volume of earthworks Y 250m3 of general Discretionary associated with this development 1,212m3 earthworks

The proposal involves E12.6.2(11) earthworks in Restricted Y 2,000m2 and 1,212m3 of 1% AEP floodplain. discretionary earthworks within the flood plain on Brylee Drive

Infrastructure

E26 Infrastructure: Y E26.2.3.2(A69) Restricted The proposal includes the construction of unformed discretionary construction of road road between Brylee Drive and Gosper Drive.

4.1.2 Subdivision Consent

Rule Activity Status Comment Operative

Chapter E Auckland Wide

E38 Subdivision – Urban E38.4.1(A11) Subdivision of Permitted Lot 1004 is located within Y the 1%AEP flood plain

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 8

land within a natural hazard according to Harrisons (1%AEP floodplain and Grierson’s modelling. instability)

E38.4.1(A16) Vacant lot Restricted The proposal complies with Y subdivision of parent site less Discretionary the standards detailed in than 1 ha and complies with E38.8.2.3 – see below E38.8.2.3

E38.6 General Standards for subdivision

Standard Complies Comment Operative E38.6.1. Site size and shape Y Site shape factor of 15x20 Y metres can fit in lot 4

E38.6.2. Access and entrance Y Lot 4 has boundaries Y strips contiguous with legal road and therefore has access to these roads

E38.6.3 Services Y As detailed above Lot 4 will Y be serviced

E38.6.4. Staging N/A The proposal is not staging Y as all lots will be created at one time.

E38.8.2.3 Standards for vacant sites subdivision involving parent sites less than 1 hectare

Standard Complies Comment Operative (1) Subdivision in N/A Y accordance with Land use or existing building

(2) Minimum net site area Y Required 300m2 actual Y for Residential -Mixed minimum site area is 476m2 Housing Urban

5. REASONS FOR THE APPLICATION As all the above rules under the AUP(OP) are operative in accordance with Clause 20 and S86F the decisions for this application will be based on the AUP(OP) only. Therefore, this assessment is against the following reasons for consent: 5.1 Land use • Restricted Discretionary activity for 2000m2 of earthworks pursuant to rule E12.4.1(A5); • Restricted discretionary activity for more than 250m3 of earthworks pursuant to rule E12.4.1(A10); • Restricted discretionary activity for non-compliance with the following standards pursuant to C.1.9(2):

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 9

• E12.6.2(11) Earthworks in 1% AEP floodplain: The proposal involves 2000m2 and 1212m3 of earthworks within the flood plain. • Restricted discretionary activity for construction of an unformed road pursuant to rule E26.2.3.2(A69). 5.2 Subdivision • Restricted discretionary activity for subdivision of land that is affected by the 1% annual exceedance probability floodplain pursuant to E38.4.1(A11); and • Restricted Discretionary activity for subdivision that is in accordance with E38.8.2.3 pursuant to Rule E38.4.1(A16). 5.3 Status of the applications In terms of the of the application, under the operative plan above, the status of the proposal is restricted discretionary for land use consent and restricted discretionary for subdivision consent.

5.4 Bundling The applicant has proposed subdivision around an approved development and therefore the land use component of this application needs to be granted and given effect to before the subdivision can proceed on the basis proposed.

For the purposes of the s104 assessment, the assessment is considered sequentially, with an assessment on the land use consent first under s9 of the RMA, and then the subdivision consent under s11 of the RMA in light of the land use being granted first. As such, the assessments under s104 on these applications are overall considered as follows:

• Land use (s9): restricted discretionary activity • Subdivision (s11): restricted discretionary activity

6 . SECTION 104 ASSESSMENT 6.1 Statutory Considerations

Under the operative plan, as a restricted discretionary activity, under s104C the council has limited in its scope of consideration to those matters over which the relevant plan has reserved discretion when making its decision to grant or decline the application. Those matters are identified in section 8.2.1.2 of this report.

6.2 Actual and Potential Effects on the Environment (section 104(1)(a)) Section 104(1)(a) of the RMA requires Council to have regard to any actual and potential effects on the environment of allowing the activity. This includes both the positive and potential adverse effects on the environment of allowing the activity.

6.2.1 Effects that may be disregarded 6.2.1.1 Permitted baseline

The permitted baseline may be taken into account and the council has the discretion to disregard those effects. In this case the permitted baseline is the establishment of residential activity plus earthworks up to 250 m3 over an area of 500m2.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 10

There is no permitted baseline associated with subdivision however due to the zoning, residential activities are considered appropriate for the site.

6.2.1.2 Matters of Discretion

• Earthworks within residential zones, the matters contained in E12.8.1 (a) compliance with the standards

(b)effects of noise, vibration, odour, dust, lighting and traffic on the surrounding environment;

(c)effects on the stability and safety of surrounding land, buildings and structures;

(d) effects on overland flow paths and flooding;

(e)protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin;

(f) staging of works and progressive stabilisation;

(g) timing and duration of works;

(h) term of consent; and

(i)potential effects on significant ecological and indigenous biodiversity values.

• Road construction of unformed roads and their operation, the matters contained in E26.2.7.1(1)and (3):

(1) all restricted discretionary activities:

(a) functional and operational needs of, and benefits derived from, the infrastructure;

(b) visual effects;

(c) where located within a road, the operation and function of road network activities and effects on the amenity values of the streetscape;

(d) noise and vibration effects;

(e) odour effects; Auckland Unitary Plan Operative in part 26 E26 Infrastructure

(f) shadow flicker effects; and (g) implications in terms of future planned urban development.

And (3) road construction of unformed roads and their operation: (a) adverse effects on amenity values of adjoining properties;

(b) adverse construction effects including effects of vibration, noise, and dust;

(c) adverse operational effects particularly on residential or other sensitive activities, including effects of vibration, noise, glare and vehicle emissions;

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 11

(d) severance effects and changes to drainage patterns;

(e) safety and efficiency of the transport network; and

(f) the benefits provided by the construction of the road.

• Subdivision within the urban area, the matters are contained in E38.8.2.3:

(a) the effect of the design and layout of sites to achieve the purposes of the zone or zones and to provide safe legible and convenient access to a legal road;

(b) the effect of infrastructure provision and management of effects of stormwater

(c) the effect on the functions of floodplains and provision for any required overland flow paths:

(d) the effect on historic heritage and cultural heritage items:

(e) the effect of the layout, design and pattern of blocks and roads in so far as they contribute to enabling a liveable, walkable and connected neighbourhood;

(f) the effect of layout and orientation of blocks and sites on the solar gain achieved for sites created, if relevant;

(g) the effects arising from any significant increase in traffic volumes on the existing road network;

(h) the visual effect on landscape and on topographical features and vegetation arising from subdivision of sites zoned Residential - Large Lot Zone and Residential - Rural and Coastal Settlement Zone;

(i) the provision made for the incorporation and enhancement of land forms, natural features and indigenous trees and vegetation;

(j) the effect on recreation and open space.

6.2.2 Receiving environment The receiving environment beyond the subject site includes permitted activities under the relevant plans, lawfully established activities (via existing use rights or resource consent), and any unimplemented resource consents that are likely to be implemented. The effects of any unimplemented consents on the subject site that are likely to be implemented (and which are not being replaced by the current proposal) also form part of this reasonably foreseeable receiving environment. This is the environment within which the adverse effects of this application must be assessed.

In this case the sites to the east of the subject site are zoned Residential – Mixed Housing Suburban. While the land within Waiata Shores development around the subject site is zoned Residential - Mixed Housing Urban. All of these sites can be

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 12

developed up to a high density and there are no density requirements under the Unitary Plan.

6.2.3 Adverse effects Following is an assessment of the relevant effects with regards to Section 6.2.1 and 6.2.2 for this development.

6.2.3.1 Earthworks

The quantity of earthworks associated with Stage 7-2 is required to establish the road link and on average will be lowering the ground level by approximately 1 metre. This amount of earthworks is considered appropriate as Lot 1004 was filled to establish the site above the road and the flood plain under R/JSL/2013/2042. This proposal reduces the ground level in the location of the proposed road to be level with Gosper Drive and Brylee Drive. The new road link will create an overland flow path along the road link to connect the flood plains which currently exist on the two roads. As Brylee Drive is at a lower ground level the flood plain on Gosper Drive is likely to dissipate. Sediment control mechanisms will be installed to contain sediment to the site and the proposed earthworks will not affect stability or ecosystems.

6.2.3.2 Effects from flooding

Lot 1004 is affected by a flood plain along its western boundary up to 0.1 of a metre and on its eastern boundary up to 0.5 of a metre. The proposal will connect these two areas by the construction of road connection with floodwater moving to the eastern side of the site and into Brylee Drive as stated above. The water in Brylee Drive will discharge into the stormwater channel to the north of the existing Brylee Drive cul-de sac.

The proposal will not affect the residential lot as the land on this lot has been built up to be above the flood level. In addition, a consent notice regarding the minimal floor level of 10.54 as discussed in Section 3.5 of this report.

6.2.3.3 Road formation

The effects of construction of the road connection will not affect any traffic movement or flows while the road is constructed due to its location and construction will occur from the Waiata Shores side of the subject site moving eastward. In addition, silt and sediment control devices will be installed to ensure that silt and sediment is contained within the site. The construction will be undertaken in accordance with the construction standards of the unitary plan and no person will be affected by construction noise, dust etc beyond the permitted baseline. The road connection will be finished to the same standards as the roads within Waiata Shores Development.

The proposed road connection will provide a second access point to Great South Road for Waiata Shores and Conifer Grove residents, which will reduce the risk of the neighbourhoods being isolated if something was to occur to block the existing access point to Great South Road. This road connection has been requested by Auckland Transport to increase connectivity and reduce risk of isolation.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 13

The increase in vehicles along Brylee Drive (based on the Mahia Road extension not being built) is discussed in the Traffic Report. In summary the Gosper Drive/Brylee Drive road connection will increase vehicles along Brylee Drive by approximately 250 vehicles per hour in the morning and 480 vehicles per hour in the afternoon/evening. On average this will mean in the morning 6.6 vehicles per minute increased from 2.4 vehicles and in the afternoon 11.6 vehicles per minute increased from 3.5 vehicles per minute. The largest increase in traffic is vehicles heading southbound in the afternoon i.e. from Gosper Drive to Brylee Drive, presumably residents of Conifer Grove heading home.

The adverse effects on persons who live on Brylee Drive will be minor for the following reasons:

- The increase in flow will be mainly persons gaining access to Great South Road from Conifer Grove and Waiata Shores. The average person will use the closest access to their site for leaving the area, which is likely to be the access to Great South Road from their neighbourhood. There will be a minimal increase in vehicles along the road associated with vehicles travelling beyond the two neighbourhoods;

- The dwellings along Brylee Drive are set back from the road and will not be affected by glare from vehicles using the road connection;

- The main outdoor living spaces for sites along Brylee Drive are located outside of the front yard ( i.e. beyond the front edge of the dwelling) and generally behind the dwelling; and

- The increase in traffic will increase on Brylee Drive when the road connection opens as residents will use it to exit/enter via the Waiata Shores development. The traffic flows will be lower than the amounts detailed in the report and will increase over time until construction on Waiata Shores is complete.

Taking the above assessment into account the construction of an unformed road will have minor effects on the environment and no persons are considered adversely affected

6.2.3.4 Subdivision

The proposed development will reflect lot sizes and land uses within the surrounding residential area of Waiata Shores. In addition, the sites along Brylee Drive could be subdivided down to a similar size. Therefore, the character of the surrounding area will not be compromised by the proposal. The subdivision will be serviced by existing infrastructure and does not increase the number of residential lots on the parent development.

6.2.3.5 Summary

Taking this into account, the effects associated with the creation of Lot 4, earthworks and flooding issues will be mitigated or minimised and are acceptable level of effects from the proposal.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 14

With regards to the operation of the Gosper Drive/Brylee Drive connection, the proposal is considered to generate minor adverse amenity effects on residents along Brylee Drive due to the increase in vehicles that would result from the road connection. However there are positive effects of the road connection such as alternative route available due peak hours, connectivity and reducing the risk of isolation of both neighbourhoods. The positive effects will benefit persons living within both neighbourhoods (approximately 10,000 people) including those along Brylee Drive. In terms of balancing the effects the positive effects outweigh the adverse minor effects in terms of number of persons affected however the extent of the amenity effects is probably higher for some persons than the benefit of providing the road connection. Taking these two statement into account I consider that there are a higher number of persons who will benefit from the road connection which also provides some mitigation to persons who live along Brylee Drive and believe that the effects from the proposed road are acceptable.

6.3 Relevant Statutory Instruments (Section 104(1)(b)

For restricted discretionary activities Under Section 104(1)(b) a proposal is assessed against the relevant assessment criteria detailed within the plan.

6.3.1. Assessment criteria The application requires consent for district plan rules and an assessment against the relevant assessment criteria of the plan has been undertaken below : 6.3.1.1 Standards for Land Disturbance – District

The primary purpose of the standards for Land Disturbance – District is to manage the physical effects the proposed earthworks have on the environment from earthworks.

The relevant assessment criteria are contained in E12.8.2(1) and are assessed below:

(a) whether applicable standards are complied with; The proposed earthworks exceed the permitted amount of earthworks of 250m3 over an area of 500m2, with 1,212m3 of earthworks over an area of 0.2 of a hectare required to construct the road. (b) the extent to which the earthworks will generate adverse noise, vibration, odour, dust, lighting and traffic effects on the surrounding environment and the effectiveness of proposed mitigation measures; The earthworks will have less than minor effects on noise and vibration due to the small extent of works and no effect on odour or lighting for the same reason. With regards to traffic effects the excavated material will mainly be retained on site (except topsoil) meaning that there will be limited truck movements associated with taking the excavated material off-site. All truck movements for excavated material will be made through Waiata Shores development. Dust will be mitigated by installation of sediment control mechanisms. (c) whether the earthworks and any associated retaining structures are designed and located to avoid adverse effects on the stability and safety of surrounding land, buildings, and structures; The earthworks will be battered in areas where cuts occur to establish the road. The proposed will be supervised by a qualified engineer and will not affect the stability or safety of surrounding land, buildings and /or structures.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 15

(d) whether the earthworks and final ground levels will adversely affect overland flow paths or increase potential volume or frequency of flooding within the site or surrounding sites; Currently there are flood plains on Brylee Drive and Gosper Drive plus an overland flow path on Gosper Drive . The new road will connect these two flood plains and will direct stormwater into the stormwater channel that has been constructed as part of the establishment works for Waiata Shores which is located north of the road.

(e) whether a protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin has been provided and the effectiveness of the protocol in managing the impact on Mana Whenua cultural heritage if a discovery is made; N/A - There are no overlays identifying or known sites associated with Mana Whenua cultural heritage on the site.

(f) whether the extent or impacts of adverse effects from the land disturbance can be mitigated by managing the duration, season or staging of such works; The extent of earthworks is minor therefore it is not necessary to manage the duration, season or staging of such works. In addition, sediment control mechanisms will be implemented when earthworks are undertaken, or exposed earth occurs.

(g) the extent to which the area of the land disturbance is minimised, consistent with the scale of development being undertaken; The earthworks are associated solely with the road. Therefore, the earthworks are considered to be minimised consistent with the scale of the development being undertaken.

(h) the extent to which the land disturbance is necessary to provide for the functional or operational requirements of the network utility installation, repair or maintenance; Earthworks are required to establish a road. The road will connect the Waiata Shore development with Conifer Grove and will provide an additional access to the wider roading network.

(i) the extent of risks associated with natural hazards and whether the risks can be reduced or not increased; The site is identified to be within an area associated with flooding and an overland flow path. The proposal has been designed taking into account these hazards and directs the flooding into the stormwater channel that services Waiata Shores and the roads in the vicinity therefore minimising the risk create from the hazard.

(j) whether the land disturbance and final ground levels will adversely affect existing utility services; The engineering plans show that adequate ground clearance will be maintained above any utility services.

(k) the extent to which the land disturbance is necessary to accommodate development otherwise provided for by the Plan, or to facilitate the appropriate use of land in the open space environment, including development proposed in a relevant operative reserve management plan or parks management plan;

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 16

N/A – the site is zoned Residential – Mixed Housing Suburban (l) for land disturbance near Transpower New Zealand Limited transmission towers: (i) the outcome of any consultation with Transpower New Zealand Limited; and (ii) the risk to the structural integrity of transmission lines. N/A – No transmission lines within the site. (m) the extent to which earthworks avoid, minimise, or mitigate adverse effects on any archaeological sites that have been identified in the assessment of effects. N/A – no archeological sites identified on the site. Based on the above assessment the proposed earthworks meet the relevant assessment criteria 6.3.1.2 Construction of unformed road The relevant assessment criteria for the construction of an unformed road are contained with E26.2.7.2 (3) and are assessed below.

(3) road construction of unformed roads and their operation: (a) whether adverse effects on amenity values of adjoining properties are avoided, remedied or mitigated; The effects of construction will be limited in time due to the short extent of roading being established and construction will be undertaken from the Waiata Shores side of the site. No construction vehicles will access the site along Brylee Drive. Construction vehicles within Waiata Shores will be absorbed within the current construction activity and will not affect persons within Waiata Shores.

With regards to operation of the road, amenity effects on persons will be limited to those along Brylee Drive due to an increase of vehicles along Brylee Drive. As discuss in Section 6.2.3.3 of this report these will be an average increase in vehicles of approximately 4 vehicles per minute in the morning and 8 vehicle per minute in the afternoon/evening, which is approximately 3 times greater than the current time. The setback of the dwellings along Brylee Drive plus configuration of outdoor living areas provides some mitigation to the level of effects.

(b) whether adverse construction effects including effects of vibration, noise, and dust are avoided, remedied or mitigated; As discussed above construction will be undertaken from the Waiata Shores side of the subject site to limit effects from construction traffic. Furthermore the amount of earthworks and area affected is small in extent so construction period will be for a couple of months and will not affect current traffic flows. In addition works will be undertaken in accordance with the construction standards of the Auckland Unitary Plan – Operative in Part. And will

(c) whether adverse operational effects particularly on residential or other sensitive activities, including effects of vibration, noise, glare and vehicle emissions are avoided, remedied or mitigated;

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 17

As discussed in the above assessment of effects these effects are minor to residents on Brylee Drive. It is unlikely that there will be vibration effects from the operation of the road as the road is not a heavy- vehicle route and construction vehicles associated with Waiata Shores will use Waiata Shores to gain access to Great South Road. The noise and emission effects from vehicles are partially mitigated by the separation distance of dwellings and outdoor living areas to Brylee Drive with a substantial number of sites having outdoor living areas behind high fences or the dwelling.

(d) the extent to which severance effects and changes to drainage patterns can be avoided, remedied or mitigated; and The proposed road will result in stormwater being channelled towards to Brylee Drive and then onto the stormwater canal to the north of the Brylee Road cul de sac. This change in drainage pattern shortens the route that stormwater from this part of Gosper Drive enters canal/stream upstream from where it would enter the canal/stream. The canal has the capacity to accommodate the stormwater entering the system at this point.

(e) whether the safety and efficiency of the transport network will be compromised and the impact on the network and levels of service if the work is not undertaken. As discussed above the proposed road connection will improve connectivity within the roading network and reduce risk of isolation. As discussed above the proposal meets the relevant assessment criteria for construction of unformed road. 6.3.1.3 Subdivision of Land subject to 1% AEP Flooding The primary purpose of the rule pertaining to subdivision of land subject to flooding is to minimise the risk of the hazard.

The relevant assessment criteria are contained within Clause E38.12.2(1) and are assessed as follows:

(1) subdivision of a site within the one per cent annual exceedance probability floodplain:

(a) the effects of the hazard on the intended use of the sites created by the subdivision and the vulnerability of these uses to flood hazard events:

(i) whether measures are proposed to ensure the long term protection of flood plain conveyance functions;

The flood plain will be contained within roads and will drain the flood plain from Gosper Drive into Brylee Drive and then to the stormwater drain to the north of Brylee Drive. Therefore, the proposal will ensure that the flood plain functions remain.

(ii) whether the location and design of development including building platforms and access ways are located to avoid the hazard;

As discussed in the assessment of effects above the residential site is outside of the floodplain however a covenant notice will be placed on the title to ensure buildings are constructed to reduce the effects of the hazard.

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 18

(iii) the extent to which changes to the landform and the design of mitigation structures/features are necessary for the subdivision; and

The land to be vested for road will be excavated to lower the existing ground level to be level with the existing road levels (Brylee and Gosper Drives). The cuts will be battered and do not require any special mitigation structures/features with regards to flooding.

(iv) refer to Policy E38.3(2).

Policy E38.3(2) requires the subdivision to manage the risk of adverse effects resulting from natural hazards, flooding in this case. As discussed above the risk to residential sites will be mitigated by the ground level on the residential sites being higher than the rood and minimum floor levels imposed on the new residential lot.

Taking the above into account the proposed subdivision will minimise effects from flooding on the new lot and surrounding area. 6.3.1.4 Subdivision of a parent lot less than 1 hectare The primary purpose of the standards for Subdivision - Urban is to manage the physical effects the proposed earthworks have on the environment from earthworks.

The relevant assessment criteria are contained in E38.12.2(7) and are assessed below:

(a) the effect of the design and layout of sites to achieve the purposes of the zone or zones and to provide safe legible and convenient access to a legal road; (i) refer to Policies E38.3(1), (10), (12) and (13).

The proposed subdivision has been designed consistent with the size and shape of lots within the adjoining stages (1 and 2) of Waiata Shores. The proposal will not create or increase any non-compliances under the Auckland -wide or zone rules and the proposal provides for infrastructure to serve Lot 4.

Lot 4 is located adjacent to a flood plain and as discussed in the Engineering report it is recommended that a consent notice is placed on Lot 4 to restrict the minimum floor level to 10.54m.

(b) the effect of infrastructure provision and management of effects of stormwater (i) whether there is appropriate provision of and adequate access to existing and new infrastructure, and provision of appropriate management of effects of stormwater; Auckland Unitary Plan Operative in part 33 E38 Subdivision - Urban (ii) the extent to which drainage reserves are integrated into the layout of the subdivision and neighbourhood; (iii) whether the design and implementation of any necessary physical works including those associated with site preparation works, infrastructure and access are carried out in accordance with recognised best engineering practice or in accordance with Section 2 - Earthworks and Geotechnical Requirements of the Auckland Council Code of Practice for Land Development and Subdivision Version 1.6 dated 24 September 2013. (iv) refer to Policies E38.3(19) to (23).

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 19

As discussed in the description in Section 3 of this report the proposed residential lot will be serviced by the existing services within the Waiata Development.

(c) the effect on the functions of floodplains and provision for any required overland flow paths: (i) refer to Policy E38.3(2).

The effects on flood plains is discussed in sections 7 and 8.2.1.3 of this report.

(d) the effect on historic heritage and cultural heritage items: (i) the extent to which any sites identified in the Historic Heritage Overlay, or Sites and Places of Significance to Mana Whenua Overlay are protected or avoided; and (ii) refer to Policy E38.3(4). N/A – there are no Historic Heritage Overlay or Sites and Places of Significance to Mana Whenua Overlay identified on the subject site.

(e) the effect of the layout, design and pattern of blocks and roads in so far as they contribute to enabling a liveable, walkable and connected neighbourhood; (i) refer to Policy E38.3(10).

The proposed subdivision layout is consistent with the Waiata Shores development for the residential lot. The road connection will increase connectivity for people with the Waiata Shores development and Conifer Grove.

(f) the effect of layout and orientation of blocks and sites on the solar gain achieved for sites created, if relevant; (i) refer to Policy E38.3(11).

The proposed residential lot will not affect solar gain on the adjoining residential lots as they are at the same ground level. The solar gain to the proposed lot will also not be affected by the road as the site has a higher ground level than the road.

(g) the effects arising from any significant increase in traffic volumes on the existing road network; (i) refer to Policies E38.3(15) to (17).

The increase on traffic volume from the new residential lot (Lot 4) will be negligible. The proposed road connection will increase traffic volumes, although this is only likely to be persons using facilities within the Waiata Shores Development and Conifer Grove neighbourhood as Great South Road is the main arterial route. As discussed previously the effects on persons residing on Brylee Drive are outweighed by the positive effects for the wider community with the linking of the two neighbourhoods.

(h) the visual effect on landscape and on topographical features and vegetation arising from subdivision of sites zoned Residential - Large Lot Zone and Residential - Rural and Coastal Settlement Zone; (i) refer to Policy E38.3(3).

N/A – Site is not zoned Residential - Large Lot Zone or Residential - Rural and Coastal Settlement Zone

(i) the provision made for the incorporation and enhancement of land forms, natural features and indigenous trees and vegetation; Auckland Unitary Plan Operative in part 34 E38 Subdivision - Urban (i) refer to Policy E38.3(14).

Resource consent application, Stage 7-2, 1V Great South Road, Conifer Grove, Auckland Prepared by Angela Crang, Delta Planning Ltd, Amended August 2018 Page 20

N/A The proposal does not have any landforms, natural features or indigenous vegetation.

(j) the effect on recreation and open space: (i) the extent to which reserves, and open space are provided and their integration with the surrounding open space network and suitability for the intended function and future requirements of the area; (ii) refer to Policy E38.3(18). The proposal does not provide any open space as the parent lot is 1,104m2, which is too small to provide a suitable open space area. In addition, open space has been provided within the Waiata Shores development less than 100 metres from the subject site. Taking the above assessment into account the proposal meets the relevant assessment criteria for subdivision of a lot less than 1 hectare. 6.3.1.5 Summary Based on the above assessment the proposal meets the relevant assessment criteria for restricted discretionary activities for land use and subdivision under the Auckland Unitary Plan (Operative).

7 S104 CONCLUSION Overall, the proposal is consistent with the relevant assessment criteria of the Operative Unitary Plan. It is also considered that the proposal will generate effects that will benefit the wider community with minor adverse effects on persons who reside along Brylee Drive.

8 RECOMMENDATION Under Sections 104, 104C, and 108 of the RMA, I consider that, for the reasons stated in this report and subject to the conditions recommended throughout the report), this restricted discretionary activity for land use and subdivision should be granted consent.

8.1 Conditions of Consent The proposed development shall be carried out in accordance with the plans and all information submitted with the application plus the conditions recommended within this report and specialist report.

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