Western Bay of Plenty Notice of Meeting No CH2 Te Karere
Independent Commissioner Hearing RC10412S- Application for Subdivision Consent 12 Aongatete Road, Aongatete
Tuesday, 27 February 2018 Council Chambers Barkes Corner 9.30am
Independent Commissioner: Bill Wasley
The Hearing will commence on Tuesday, 27 February 2018 to hear submissions to and consider RC10412S - Resource Consent Application to Subdivide a Rural-zoned property at 12 Aongatete Road, Aongatete.
Media Staff
Mi riam Taris Chief Executive Officer Western Bay of Plenty District Council
~ Western Bay of Plenty
Te Kaunihera a rohe mai i nga Kuri-a-Wharei ki Otamarakau kite Uru Appointment of Commissioner
Western Bay of Plenty District Council appoints Mr Bill Wasley as an Independent Commissioner to consider and determine Subdivision Consent appl ication RC10412S made by the Ann Owen Family Trust, relating to the subdivision into two lots (one additional), at the site located at 12 Aongatete Road, Aongatete, legally described as Lot 2 DPS 81344, pursuant to Section 88 of, and the Fourth Schedule to, the Resource Management Act 1991.
Regulatory Hearings Committee Resolution RH10.1 dated 21 November 2017 refers. Agenda for Meeting No. CH2
Pages
Hearing
CH2 .1 RC10412S - Application to Subdivide a Rural Zoned 5-55 Property at 12 Aongatete Road, Aongatete - Ann Owen Family Trust
Attached is a report from the Senior Consents Planner dated 25 January 2018.
Attachment 1 Resource Consent Application from Ann Owen Family Trust
Attachment 2 Submission in opposition from Bev Leyland 5 Date 25 January 2018 Fil e Reference S/ B/ 12067 Subject Ann Owen Fam ily Trust
Western Bay of Plenty District Council Independent Hearings Commissioner
Ann Owen Family Trust 12 Aongatete Road
1.0 Proposal
1.1 On 20 February 2017, the Council received a resource consent application to subdivide a Rural zoned property, legally described as Lot 2 DPS81344, located at 12 Aongatete Road. The total land area is 1.2750ha and the proposal is for 3 lots (2 additional). A copy of the application (including the scheme plan) is included as Attachment A.
1.2 The applicant intends to undertake a subdivision to create the following lots:
Lot 1 ?957m 2 Lot 2 4068m 2 Lot 3 725m 2 (to vest in Council)
1.3 The proposed subdivision is a non-complying activity under the Western Bay of Plenty District Council's Operative District Plan (2012), Rule 18.3.3(i) provides for two lots for community benefit in compliance with Rules 18.4.2(h)(vii) and 18.4.2(h)(viii) as a restricted discretionary activity. However, the proposal fails to comply with Rule 18.4.2(h)(vii)2 and therefore in accordance with Rule 18.3.4(m) is considered a discretionary activity.
1.4 The basis for the subdivision is that a community benefit will arise by the applicant 2 vesting Lot 3 (725m ) as local purpose reserve, wh ich will allow for provision of access to existing esplanade reserve along the Aongatete River. In return for the reserve, the applicant will create Lot 2 as an additional lot on site.
1.5 Lot 1 contains the existing dwelling, a large shed, a pond and some orchard trees, Lot 2 contains an existing minor dwelling and orchard trees. The proposal creates right of ways 'A' and 'B'.
2.0 Site and Locality
2.1 The site is a small lifestyle block that has access from Aongatete Road, contains a dwelling, minor dwelling and large shed. It contains some orchard and slopes down towards the Aongatete River. Aongatete Road is a short road with access directly from SH2. There is a commercial use established on the corner of Aongatete Road, opposite the site.
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3.0 Plan Provisions/ Activity Status
3.1 Western Bay of Plenty Operative District Plan
The application is made under Rule 18.4.2(h)(vii) to create one additional lot in exchange for an easement over the property to provide public access to the Aongatete River (where there is existing esplanade reserve) . The activity fails to meet the standards as a restricted discretionary activity as the width of the access is below the 7m minimum (being only 2.5m in places).
4.0 Statutory Considerations
4.1 Section 9SA-9SF- Notification Assessment
4.1.1 Sections 95A-95F of the Act outline the tests for notification. There is no presumption for notification since the 2009 Amendment Act and the statutory provisions now distinguish between broader environmental effects which may lead to public notification and effects on persons on the site or adjacent land.
4.1.2 The immediately adjoining neighbour at 28 Aongatete Road is considered affected as the public accessway runs the whole length of their south eastern boundary. The amenity of the property may be affected by public access in close proximity to the boundary. It is not considered that any other property will be affected . Notice was served on 28 Aongatete Road. The occupants Chris and Beverly Leyland made a submission in opposition to the application.
4.1.3 The submission makes the following points: • Adverse environmental effects from erosion of the rivers edge from increased foot traffic, no toilet or litter facilities will mean waste may end up in the River. • Public safety issues arising from the boggy ground, bulls being close proximity to the access; • No off-street parking other than the grass verge which is easily damaged. • Amen ity, the close proximity of the access to their dwelling, issues with ponds on the two sites and the public having access and the resultant loss of privacy. • The submission noted that if amendments such as proper off-street parking for several cars and a high solid fence from the road to the river and independent drainage from the pond .
4.2 Section 104 of the RMA- Consideration of Appl ications
4.2.2 Section 104(1) of the Act states that:
(1) When considering an application for a resource consent and any submissions receivec;t the consent authority mus~ subject to Part 2, have regard to-
(a) any actual and potential effects on the en vironment of allowing the activity; and (b) any relevant provisions of- (i) a national policy statement: (ii) a New Zealand coastal policy statement: A3088884 Page 2 7 Date 25 January 2018 File Reference S/B/12067 Subject Ann Owen Family Trust
(ii1) a regional policy statement or proposed regional policy statement: (iv) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application.
4.2.3 Section 104(2) of the Act states:
(2) When forming an opinion for the purposes of subsection (l)(aJ a consent authority may disregard an adverse effect of the activity on the environment if the plan permits an activity with that effect
4.2.4 The substantial assessment of Section 104(1)(a) - (c) is discussed is Sections 6.0 to 8.0 below. With regard to Section 104(2), it is considered that the permitted baseline is not a useful tool in assessing the aspects of the subdivision proposal as no subdivision is a permitted activity.
4.3 Section 104(1)(c)- Any Other Matters
4.3.1 There are no other matters considered relevant to the proposal
5.0 Statutory Assessment
5.1 The statutory assessment and report format will present an assessment of the environmental effect and objectives and policies of the plan in the first instance.
6.0 Assessment of Effects on the Environment
6.1 Matters to be Considered
6.1.1 The proposal is a Non-Complying Activity. Pursuant to Section 104D, the Council is not restricted to any particular matter when determining the application. The proposal must be assessed on its merits, Council may approve or decline the consent and impose such conditions that relate to the effects of the proposal.
6.1.2 In examining the proposal, it is considered that the primary adverse effects associated with the proposed subdivision relate to the following topics: • Amenity; • Traffic and Parking; • Loss of Productive Land; • Community Benefit; and
6.2 Amenity
6.2.1 The visual effects of the proposal will be "minor", the land to be vested is a narrow strip.
With respect to amenity, the location of the site with existing commercial use, and close proximity of the state highway mean the amenity is not typically rural. However, the introduction of public access along an entire boundary of the site of
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No. 28 would alter the amenity, particularly as the access is so narrow and the dwelling on the adjoining site is quite close to the affected boundary, will alter the amenity of that particular neighbour, and the subject site. It is noted that the subject site is gaining an additional lot in return for the access. Public access along the river is already provided for by way of esplanade reserve, however it is unclear where access is obtained, and the purpose of the subdivision is to provide the public with access to the river.
6.3 Traffic and Servicing
6.3.1 All lots are accessed via a newly created right of way, with the exception of Lot 1, for which Council will create a separate accessed linked to the adjoining existing parking area.
6.3.2 The Council's Senior Land Development Engineer has raised no other issues in relation to traffic and traffic generation, except for the recommended conditions of consent. It is noted that financial contributions are taken to mitigate the effect of the additional lot on the Council's roading network.
With respect to traffic, it is difficult to determine the exact impact of the access as it will depend on how well advertised it is, however it can be anticipated that the traffic will increase with people parking in the street to access the River. The street is short and has access directly off SH2, it is noted that there is an existing commercial use on the corner of the street and state highway, which attracts more traffic and typical rural use. There is some opportunity for parking on the road verges within the street. The State Highway intersection is well served with a right turn bay, left turn bay and widened shoulder, allowing traffic to use the intersection as safely as possible.
6.4 Loss of Versatile Soils
6.4.1 The District Plan and Regional Policy Statement ("RPS") seeks to avoid fragmentation of the finite rural land resource and avoid subdivision and land use which would compromise the efficient use of the resource and its ability to provide for a wide range of activities.
6.4.2 The Operative District Plan states that the mm1mum lot size to be considered 'versatile' is 40ha, other than land which is suitable for horticultural uses, then the lot size is 6ha. The underlying title is 1.2ha, too small to be considered versatile given that part of the site is a steep siding and the area adjacent to the stream is in bush and an esplanade strip runs along the stream. However, it is noted that the site is partially currently planted in avocados, and this use may continue, as the orchard is wholly contained within proposed Lot 4.
6.5 Community Benefit
6.5.1 Council has entered into an agreement with the applicant with regard to vesting of land in Council to enable the provision of access to the Aongatete River. Reserves and facilities have had input into consideration of the decision and have made comment on a number of practical issues with regards to the establishment and ongoing use of the access.
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6.5.1 Matters raised are as follows:
The Proposal:- (extracts from sec.3.1 ofthe application)
''It is considered that the lots for community benefit provisions can be applied to the proposal as the property is adjacent to the Aongatete River and the lot is zoned Rural under the District Plan. To apply the lots for community benefit rules the applicant proposes to vest a walkway connecting Aongatete Road to the reserve land adjoining the site to the north. The walkway proposed will run from Aongatete Road and along the western boundary of the s1te ... .In addition to the proposed walkwa~ a servicing route w1th an easement allowing Council staff to access the Aongatete River is to be provided through the middle of the s1te . .. .In exchange for the public walkway and access route for Council start; the applicant seeks to apply the "community benefit// rules to the two-lot subdivision. //
Issues: NOTE: This response endeavours to work with the applicant's proposed subdivision layout rather than alter 1t to meet the minimum w1dth requirement for an Access Reserve per Table at 8.4.2(h)(vii)2 of the District Plan. This response is consistent with the 11th October 2016 correspondence from Peter Watson to the landowner.
A. Unimpeded Public Access: a) (Extract from sec.3.1 of the application) "The walkway is proposed to be approximately 2.5 metres w1de and ... a servicing route with an easement allowing Council staff to access the Aongatete River is to be provided through the m1ddle of the s1te. // b) (Extracts from sec. 6.1 of the application) ''It is our understanding that the seven metre requirement in the District Plan has been implemented so that vehicle access can be provided. '' "Overall it is considered that the proposed access wa~ and although only being of a width that is only suitable for pedestrian access, provides for a variety of community benefits including recreational opportunities such as swimming, fishing and walking. // 1. Observations: 1.1 Proposed Lot 3- Local Purpose Reserve (Access) - has a variable width of 2.5m, 4.0m, 6.0m & 2.5m/ however_ it is clear from the aerial photography (see below) that over much of the 725m 2 area of Lot 3 there is a line of trees and shrubs which likely serves to provide: boundary definition and privac~ wind shelter and an amenity landscape benefit to the applicant. Unfortunate/~ much of this vegetation is likely to physically obstruct public pedestrian access along proposed Lot 3. 1.2 There is also a pond on the subject property and a drain on the adjacent western property between which proposed Lot 3 passes. This suggests a high water-table above which the public access-way needs to pass. It is appropriate that the public should have all-season access that is unimpeded by regular flooding or ponding.
2. Comments: In order to meet the requirements of the Development Code and enable practicable public access along Lot 3, whilst still enabling the applicant to realise the benefits of the vegetation, it is necessary that: 2.1 The trees and shrubs are partially removed and/or are crown-lifted as appropriate, so that there is a clearance of not less than 2m wide and not less than 2m high from ground !eve~ along the full length of Lot 3. 2.2 The ground surface is easily navigable and clear of obstructions, including humps and hollows and large or foreign debris.
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2.3 The ground level below the 2m contou0 along the western and northern portions of proposed Lot 3, is not less than 300mm above the adjacent pond lip. This may require some earthworks an~ tf so, where trees trunks could end up with earth placed against them, then those trees will either need to be removed or protected by retainers placed between the trunks and the imported soil.
B. Other Access Reserve Matters: (Extracts from sec.6.1 of the application) ''It is our understanding that the seven metre requirement in the District Plan has been implemented so that vehicle access can be provided. 11 "Overall tt is considered that the proposed access wa}j and although only being of a width that is only swtable for pedestrian access, provides for a variety of commumty benefits including recreational opportunities such as swimming, fishing and
walking. II
1. Comments: 1.1 Width - For clarit}j and contrary to the applicant's above-quoted comment tt is worth recording that the reasons for a 7m wide access easement requirement in the D.P. are threefold: (i) to allow for construction machinery to form up access tracks; (ii) to allow for changes in track direction (e.g. zig-zags & associated structures) where steep terrain or direction changes dictate; (til) to allow sufficient access and working wtdth for machinery/equipment to do track repairs & routine maintenance including: mowing, planting, weed control & tree pruning. Therefore, provision for vehicle access along the access reserve is as important and sometimes more important than vehicle access to the destination. 1.2 Gradient - Over a distance of 20m there is a 1:3 gradient within the proposed 4m wtde portion of Lot 3. Along that 20m segment the 4m width will likely be sufficient to allow formation of a public access track, including direction changes if required to ease the gradient. 1.3 Access surface - The proposed ROW easement (labelled A & 8 in the scheme planJ that is for Council maintenance access, will enable access to the existing esplanade reserve and to a portion of Lot 3. It is not anticipated that public access demands at this site will be high; therefore, the need for a hard-surfaced access track is unlikely to be required for qwte some time. This reduces the chances of needing to get track construction machinery along Lot 3; howeve0 periodic Counctl maintenance within Lot 3 will be necessary. 1.4 Maintenance & Fencing- It is appropriate that proposed Lot 3 is fenced at the applicant's cost along its western boundary with the adjoining neighbour. Howeve0 in the absence of a 7m wide access reserve, and therefore, to minimise maintenance costs to Council and problematic weeds for the applicant it is pragmatic that the eastern and northern boundaries of proposed Lot 3 remain unfenced so that the access reserve can continue to be used and maintained by the applicant. Nonetheless, tt is also appropriate that a caveat is included on the title of proposed Lot 1 to the effect that fencing construction on the common boundaries of the access reserve and Lot 1, if required by the owner of Lot 1 or by Counci& shall be the sole responsibility of the owner of Lot 1; this shall include all fencing costs.
c. Unimpeded Use of the Maintenance Access: (Extract from sec.3.1 of the application) ''In addition, a Counctl only vehicle link is propose~ an easement will be provided to ensure the access way is kept clear and so that it is limtted to
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Council Staff. "
1. Comment: Construction and maintenance within Council's reserves is typically conducted by contractors working for Council. Also, some monitoring activity within reserves is also undertaken on Council's behalf by agents working for Council who are not members of Council staff. ConsequentiYt it is appropriate that the wording associated with the ROW easement allows access for CounCil personnel Council's agents and associated vehicles and machinery.
A number of these matters are included as conditions of consent.
6.5.2 The basis for the approval of the subdivision is the benefit to the wider community of the enhanced access to the Aongatete River.
7.0 Objectives and Policies
7.1 Western Bay of Plenty Operative District Plan
7.1.1 The relevant objectives and policies of Section 18 (Rural Zone) of the Operative Plan:
Objectives
1. The rural land resource and versatile land capability is maintained to enable 1ts use for rural production activities. 5. Maintain the rural character and amenity values associated with the low density rural environment. 6. Protection and enhancement of ecological landscape, cultural heritage and other features located in the rural environment which are of value to the wider community. 9. Fulfilment of the special relationship of Maori with their ancestral land including the particular culturally based housing needs and traditions associated with such land.
Policies
1. Subdivision, use and development of versatile land should occur in a way which retains its potential to be used for a range of productive rural purposes and which maximises the likelihood of it actually being used for such purposes. 2. Fragmentation of versatile land for purposes not directly related to maintaining or enhancing the primary productive potential of the rural land resource should be avoided or minimised. 3. Except where specifically tailored to accommodate other activities with a legitimate need for a rural location new rural lots created through subdivision should be of a size and nature suitable for a range of primary productive uses. 4. Subdivision, use and development which has the potential to inhibit the efficient use and development of rural land for primary production or to inhibit the efficient use and development of existing mineral extraction sites (including vehicle access routes to such resources) should be avoided or minimised.
9. Provision should be made for the limited subdivision of land (including the transfer of title rights to identified areas) in conjunction w1th the sustainable
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protection or restoration of ecological, cultural, hentage, landscape or other features of value to the wtder community.
12. Subdivision and development should not occur in rural areas which have inadequate roading or other infrastructural capacity to cater for such development.
7.1.2 The proposal is consistent with the above objectives and policies. The existing title is small enough to not be considered versatile for any form of productive use, and the subdivision allows the current horticultural use to continue. The lots will be independently serviced and the access will be upgraded to the appropriate standard and not have adverse effects on the roading network. The proposal will subsequently provide the basis for the public facilities adjoining the Aongatete River and provide for the future needs of the public to access and utilise the existing esplanade reserve for recreation.
7.2. Rules
Rule 18.4.2(h)(vii)2 provides for such lots. Public access to an existing esplanade reserve has no minimum length for 1 additional lot, but the minimum width is 7m. This proposal does not meet the minimum width, and as such is considered a 2 discretionary activity. The total area vested is 725m , the proposal also provides for a right of way through proposed lot 1 in favour of Council to provide for access to the esplanade reserve. The proposed access is very narrow in parts (being only 2.5m near the road, widening to 4m and then 8m nearer the river). At 2.5m it is considered too narrow to provide practical access for pedestrian access in both directions, it is considered that the access should be widened to 4m minimum from the road, this is still well below the 7m required by the rule.
7.2.1 Further Section 18.5.8 of the Operative Plan outlines assessment criteria for discretionary and non-complying activities. Considered below, using the numbering from the rule:
(a) Objectives and Policies of the District plan: Considered above. (b) Loss of highly productive Land: Constdered above. (c) Potential for conflict with existing and foreseeable activities in the area: The area is characterised by smaller lifestyle blocks, with some more extensive grazing blocks, and lirmted horticulture. It is considered that the development will be in character wtth the immediately surrounding area. (d) Traffic Generation. Considered above. (e) Scale of operation and hours of operation: Not applicable to a subdivision. (f) Proposed signs. Not applicable to a subdivision. (g) Effect on visual amenity. Considered above.. (h) Noise. Not really an issue, unlikely to generate additional noise, background noise levels likely to be high due to proximity ofstate highway. (i) Quarry effects: Not applicable.
8.0 Part II of the Resource Management Act 1991
8.1 Part II of the Act provides the Purpose and Principles of the Act, principally under Section 5, which provides the overriding framework under which resource management decisions are made. The purpose is defined as:
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(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.
(2) In this Ace sustainable management means managing the use/ developmene and protection of natural and physical resources in a way, or at a rate/ which enables people and communities to provtde for their social, economi~ and cultural wellbeing and for their health and safety while-
(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations/ and (b) Safeguarding the life-supporting capacity of ai"' wate"' soil, and ecosystems/ and (c) Avoiding/ remedying/ or mitigating any adverse effects of activtties on the environment.
8.2 The subdivision will provide community benefit and will provide for public access to the Aongatete River.
8.3 Section 6 of the Act details 'Matters of National Importance' that Council shall have particular regard to. Section 6 is as follows:
In achieving the purpose of this Ace all persons exercising functions and powers under ie in relation to managing the use/ developmene and protection of natural and physical resources/ shall recognise and provide for the following matters of national importance:
(a) The preservation of the natural character of the coastal environment (including the coastal marine areal wetlands/ and lakes and rivers and their margins/ and the protection of them from inappropriate subdivision/ use/ and development: (b) The protection of outstanding natural features and landscapes from inappropriate subdivision/ use/ and development: (c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) The maintenance and enhancement of public access to and along the coastal marine area/ lakes/ and rivers: (e) The relationship of Maori and their culture and traditions with their ancestral lands/ wate"' sites/ waahi tapu/ and other taonga. (f) the protection of historic heritage from inappropriate subdivision use/ and development. (g) the protection of recognised customary activities.
8.4 In respect of the subject site, it is considered that subdivision will not adversely impact on any matters of national importance. The proposal directly achieves the enhancement of public access to esplanade reserve along the Aongatete River.
8.5 Section 7 of the Act outlines 'Other Matters' that Council shall have particular regard to. Those matters deemed relevant are as follows:
(b) The efficient use and development of natural and physical resources: (c) The maintenance and enhancement of amenity values: (d) Intrinsic values of ecosystems: (f) Maintenance and enhancement of the quality of the environment: (g) Any fimte characteristics of natural and physical resources:
8.6 The proposal will allow for more efficient use of the existing esplanade reserve which
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is continuous along the River back to SH2 and along the river to the east to the harbour and beyond. This is considered consistent with the matters of Section 7 of the Resource Management Act 1991.
8.7 Section 8 of the Act requires all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). It is noted that there are no registered archaeological sites in the vicinity, and that the Iwi Consultation protocol was not triggered as a result. An advice note has been placed on the consent.
9.0 Matters arising from submission
9.1 The access to the river will be fully fenced along the boundary between the affected property and the subject property. The access along the river is existing and stock must be excluded from this area with appropriate fencing.
With regards to parking, there is sufficient verge within the road reserve to accommodate vehicles for people wanting to access the river at this point. The number of walkers/ users at any-one-time is not anticipated to be high.
With regards to privacy, conditions requiring adequate screening along the boundary between 12 and 28 Aongatete Road could be considered and imposed by condition(s) of consent. The situation with the esplanade reserve is existing and is not a matter to be considered as part of this application.
10.0 Section 104 Assessment and Conclusion
10.1 In terms of Section 104, it is considered that the application for the non-complying subdivision consent is consistent with Part 2 of the Act and that approval can be granted subject to appropriate conditions.
11.0 Recommendation
(a) THAT pursuant to Sections 104, 108 and 220 of the Resource Management Act 1991, the Western Bay of Plenty District Council grants consent to the application by Ann Owen Family Trust for a subdivision consent (protection lot) being a Discretionary activity to subdivide Lot 2 DPS81344, located at 12 Aongatete Road, being Subdivision consent reference S/B/12067, subject to the following conditions.
1. THAT the subdivision be carried out in accordance with plan of subdivision prepared by Aurecon, reference 255214-0001-DRG-U-0001 Rev B, dated 20.02.17 and Application reference 255214, dated 15 February 2017 submitted as part of this application except where modified by any conditions of this consent.
2. THAT the Memorandum of Easements shown on the plan of subdivision be duly granted or reserved.
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3. THAT the following financial contributions be paid in respect of Lots 1 and 2:
(a) Transportation Rural (Rural) $7033+ GST
(b) Transportation (Strategic) $398+ GST
(c) Ecological $501 +GST
(d) Recreation and Leisure $5966+GST
4. THAT with regard to Condition 3, the financial contributions calculated in accordance with the provisions of the Operative District Plan, shall be paid within full within two years of the date of commencement of the consent provided that:
a) Any financial contribution which is not paid in full within two years from the date of commencement of the consent shall be adjusted so that the amount of the financial contribution required by the resource consent shall be the amount calculated in accordance with the relevant formulae using the updated inputs to those formulae as set out in Council's Annual Plan current at the date of payment.
b) Any financial contributions not paid within two years from the date of the commencement of the consent shall be (where applicable) paid prior to the issue of a Building Consent under the Building Act 2004, subject to the adjustments referred to in sub-paragraph (a) herein.
5. THAT Lot 3 shall be vested in Council as Local Purpose Reserve.
6. That Lot 3, being the Local Purpose Reserve (Access), is cleared of obstructions, including humps and hollows and large or foreign debris, so that public pedestrian access is not hazardous or impeded. Such clearance shall be in general accordance with DS3, 3.3 of the Development Code 2009. Additionally, the trees and shrubs shall be partially removed and/or shall be crown-lifted as appropriate, so that there is a clearance of not less than 2m wide and not less than 2m high from ground level, along the full length of Lot 3.
7. That the ground level below the 2m contour, along the western and northern portions of proposed Lot 3, shall be not less than 300mm above the adjacent pond lip. If this requires some earthworks where trees trunks could end up with earth placed against them, then those trees shall either be removed or protected by retainers placed between the trunks and the imported soil.
8. That the Local Purpose Reserve (Access) shall be fenced at the applicant's cost along the reserve's western boundary.
9. That an encumbrance shall be placed over proposed Lot 1 to the effect that fencing construction on the common boundaries of the Local Purpose Reserve (Access) and Lot 1, if required by the owner of Lot 1 or by Council, shall be the sole responsibility of the owner of Lot 1; this shall include all fencing costs.
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10. That ROW easement A & B shall be for unfettered access by Western Bay of Plenty District Council's employees and agents as may be appropriate for the monitoring, development, routine management and maintenance of the Local Purpose access reserve and esplanade reserve.
11. THAT an application be made to Council for a water supply connection to serve the proposed Lot 2.
12. THAT the work required by condition 11 be supervised and certified as complete in accordance with the conditions by the subdivider's representative to the satisfaction of the Chief Executive Officer or duly authorised officer.
ADVICE NOTES:
1. Please note that unless given effect to by the submission to Council of a survey plan pursuant to Section 223 of the Resource Management Act 1991, this consent shall expire five years after the date of Council's decision.
2. There are no archaeological sites identified on the property. Nevertheless, there remains the potential unrecorded archaeological sites on the property being discovered. The consent holder is advised that work that may modify, damage or destroy any archaeological site(s), such as earthworks or landscaping, is subject to a consenting process under Heritage New Zealand Pouhere Taonga Act 2014 (previously the Historic Places Act 1993).
Should the proposed activity uncover an archaeological sitejs, Heritage New Zea land confirms that an Archaeological Authority is required prior to any works commencing on the site. The applicant is advised to contact Heritage New Zealand for further information. Please contact the Lower Northern Area Archaeologist, on (07) 577- 4534 or AsstArchaeologistLN @historic.org.nz. It is an offence to modify, damage or destroy a site for any purpose without an Authority and the Heritage New Zealand Pouhere Taonga Act 2014 contains penalties for unauthorised site damage.
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• 12 Aongatete Road, Aongatete 15 February 2017 aurecon Revision: 0 Application for Subdivision Consent Reference: 255214 Ann Owen Trust 18 ATTACHMENT I
Document control record
Document prepared by: Aurecon New Zealand Limited Ground Level247 Cameron Road Tauranga 3110 PO Box 2292 Tauranga 3140 New Zealand
T +64 7 578 6183 F +64 7 578 6143 E [email protected] W aurecongroup.com
A person using Aurecon documents or data accepts the risk of: a) Using the documents or data in electronic form without requesting and checking them for accuracy against the original hard copy version. b) Using the documents or data for any purpose not agreed to in writing by Aurecon.
Consent application Project number 255214
File path P:\Projects\255214- Ann Owen Subdivision Aongatete Road\7 Deliver Service\Pianning
--- · ---- - ~-- -- -· - --· ·- - --- Client Ann Owen Trust Client contact Ann Owen
Rev Date Revision details/status Prepared Author Verifier Approver by
0 16 February 2017 Subdivision Consent C Jones L Balchin H McKee A Perry
Current revision 0
Author signature Approver signature
_ ___ ,_,,,, __ --·-· ----·--·-·-- ·· --.. -!------+ ------.. --·· ...... --.. ------i------1 Name Luke Balchin Name Andrew Perry
1 Title Associate
• aurecon Project 255214 File Ann Owen Subdivision Consent Final.docx 15 February 2017 Revision 0 19 ATTACHMENT l
Contents
1 Introduction 1 2 Site Description 2 2.1 Legal Description 2 2.2 Site Description and Surrounds 2 2.3 Heritage Features 2 2.4 Location Plan 3 3 Proposal 4 3.1 Lots for Community Benefits 4 3.2 Servicing 4 4 Western Bay of Plenty District Plan Assessment 5 5 Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 11 5.1 Assessment of Effects 11 6 Assessment of Effects 12 6.1 Provision of Access to a Public Reserve 12 6.2 Servicing Effects 12 6.3 Rural Amenity Effects 12 6.4 Archaeological Heritage and Cultural Effects 13 6.5 Summary 13 7 Statutory Assessment 14 7.1 Part II of the Resource Management Act 1991 14 7.2 Section 95 Assessment 14 8 Conclusion 16
Appendices
Appendix A Certificate of Title Appendix B Scheme Plan Appendix C Correspondence with WBOPDC
• aurecon Project 255214 File Ann Owen Subdivision Consent Final.docx 15 February 2017 Revision 0 Page 1 20 ATTACHMENT
_,.,._%
APPLICATION FOR RESOURCE CONSENT SECTION 88, RESOURCE MANAGEMENT ACT 1991
TO: Western Bay of Plenty District Council
THE APPLICANT: Ann Owen Trust seeks subdivision consent to subdivide the land described in this application into two lots (one additional). LOCATION: 12 Aongatete Road, Aongatete OWNER AND OCCUPIER: P A Owen, CLM Trustees Limited
LEGAL DESCRIPTION: Lot 2 DPS 81344
CERTIFICATE OF TITLE SA66A/277
ADDITIONAL RESOURCE CONSENTS REQUIRED: N/A FOURTH SCHEDULE: We attach, in accordance with the Fourth Schedule of the Resource Management Act 1991 , an assessment of environmental effects relative to the detail that corresponds with the scale and significance of the effects that the proposal may have on the environment. ADDITIONAL INFORMATION: We attach any information required to be included in this application by the District Plan, the Regional Plan , the Resource Management Act 1991, or any regulations made under that Act, including the NES: • See Appendices.
(Signature of applicant or person authorised to sign on behalf of applicant). Dated at Tauranga this 16th day of February 2017
ADDRESS FOR SERVICE: Aurecon New Zealand Limited PO Box2292 TAURANGA Attention: Luke Balchin Telephone: 07 578 6183 Email: [email protected]
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1 Introduction
This report has been prepared in accordance with the requirements of Section 88 of, and the Fourth Schedule to, the Resource Management Act 1991 (the Act), on behalf of the applicant, the Ann Owen Trust (Ann Owen), to undertake a proposed subdivision of the property located at 12 Aongatete Road, Aongatete, Tauranga. The information supplied in this application is intended to provide a full understanding of the activity and any of the actual and potential effects that the proposed activity may have on the environment. Therefore we include the following information:
• A description of the site and surrounding locality; • A description of the activity;
• An analysis of the relevant provisions of the Western Bay of Plenty District Plan; and • An assessment of the effects that the proposal may have on the environment.
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2 Site Description
2.1 Legal Description j Ce ~ifi c ate ~f Title------i- SA66Ai277(;,.,py includ~d ~~ .\p~e~dix ;,------l I - --- , 1 Legal Description Lot 2 DPS 81344 =-l ------,------1 1 Site Area j 1.2750 hectares 1 tSi~et Add_~·-=~~--~- J ~ 2 A~n~ate~ R~ad ~ A~nga~~~~ ~-~ -_- ---=- ~~~ ~ _j ! Land Owner ! Ann Owen Trust : l~:::ii:: :~~~~ - ----=-{~~ ------l
l ----- ·------·------·- _j --··------·-- -··---· ------. -··-- -·
2.2 Site Description and Surrounds The property at 12 Aongatete Road, Aongatete, currently accommodates two residential dwellings on a single parcel. In addition to the residential dwellings there is a steel equipment shed to the rear of the property and on the eastern boundary. There are several large Avocado trees on the southern half of the property. An access track runs through the middle property from Aongatete Road to the Aongatete River where the property adjoins a Council owned esplanade reserve. Access to the site is from Aongatete Road. The northern half of the property consists of an area of open space aligned with a variety of trees/landscaping. The site is predominantly flat before sloping slightly towards the margins of the Aongatete River, which is located to the north. Between the northern boundary and the banks of the Aongatete River is a 20m wide Council owned esplanade strip. The site is entirely zoned rural and is also bound by rurally zoned properties to the east, west and south. The surrounding environment and amenity values are consistent with the rural zoning, albeit smaller lifestyle lot type allotments. The aerial image on the following page identifies the site location and immediate surrounds.
2.3 Heritage Features The site is marginally represented by a single recorded heritage feature, the reference number is U 14/1 001 . U 14/1 001 is a non-Maori heritage site identified as a blockhouse reserve. The site was utilised by European soldiers protecting the Aongatete District. However the proposal has no impact on the archaeological site and therefore the requirement for specific consultation or an archaeological authority is not considered to be relevant as no earthwork s are proposed or required.
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2.4 Location Plan The following plan identifies the subject site in red .
Figure 1: Site Plan
Source: Western Bay of Plenty District Council - MAPI
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3 Proposal
The applicant seeks approval to subdivide the existing 1.2750 hectare site in to two allotments. The applicant proposes to utilise the Western Bay of Plenty District Plan's provisions for lots for community benefits. Further detail of the proposed subdivision is provided in the following Sections and on the Scheme plan included Appendix B.
3.1 Lots for Community Benefits A subdivision consent is sought to subdivide the property located at 12 Aongatete Road in to two allotments. The proposal will be carried out in general accordance with the Scheme Plan included in Appendix B of this application. It is considered that the lots for community benefit provisions can be applied to the proposal as the property is adjacent to the Aongatete River and the lot is zoned Rural under the District Plan. To apply the lots for community benefit rules the applicant proposes to vest a walkway connecting Aongatete Road to the reserve land adjoining the site to the north. The walkway proposed will run from Aongatete Road and along the western boundary of the site. The walkway is proposed to be approximately 2.5 metres wide and is illustrated on the scheme plan included in Appendix B. In addition to the proposed walkway, a servicing route with an easement allowing Council staff to access the Aongatete River is to be provided through the middle of the site. The access leg will extend from the existing driveway. The access way will be kept clear so that council staff can obtain vehicular access. The easement required for Council Staff access was determined to be a requirement following consultation with Council in 2016. A copy of correspondence with Peter Watson is included in Appendix C. In exchange for the public walkway and access route for Council staff, the applicant seeks to apply the "community benefit" rules to the two lot subdivision . Proposed Lot 1 will be approximately 7957m 2 and proposed Lot 2 will be approximately 4068m2. The walkway is recognised as proposed Lot 3 and will be approximately 725m2. All of the relevant easements required are described on the scheme plan included in Appendix B. No physical change will occur to the site given that the property currently contains two dwellings. The applicant proposes to undertake the subdivision in a single stage.
3.2 Servicing There are two existing residential dwellings and the proposal is to subdivide around those existing dwellings. Therefore the sites are already appropriately serviced from a water, wastewater, stormwater and access perspective. Each is briefly elaborated on below;
• Water- A water main is available in the berm of Aongatete Road, both house sites are already connected to the main . Stormwater- Both proposed lot 1 and 2 will continue to manage stormwater via on site soakage and drainage to land. No changes to how stormwater is currently managed are proposed or required . • Wastewater - On site disposal via septic tank. • Power- Both house sites are already connected to power .
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4 Western Bay of Plenty District Plan Assessment
The following is an assessment of relevant provisions of the Operative (2012) Western Bay of Plenty District Plan.
Reference Rule Comment
- r ~~~------. -- - 1 Lots for Network Utilities, Electricity Generating Controlled Activity Infrastructure, Reserves and Public Open Space - All The proposed walkway is Zones consistent with 12. 3.2 (b). 12.3.2.1 As a controlled activity, in any zone, lots can be Through the use of the created for the purposes listed in (a)- (c) below without having community benefit provisions the to comply with the minimum lot sizes and other minimum remainder of the site will be standards for lots which would otherwise apply within the zone subdivided in to two lots. where the subdivision is being undertaken. (a) Where land is for a purpose required by a network utility operator or electricity generator.
r (b) Where land is to be set aside or vested as a reserve.
(c) Where land is to become public open space owned by Council.
Provided that : I The balance area of any subdivision for the foregoing I purposes shall comply with the relevant standards of 12.4;
Except that : Where there is a strategic long term public benefit in acquiring an area of public land and this is likely to impact on the 1 minimum lot size to the extent that the subdivision could not 1 otherwise proceed then the adjacent lot size may be proportionately reduced. The determination of public benefit and any decision to reduce a lot or multiple lot sizes accordingly, shall be at the sole discretion of Council. Any allotment so reduced shall comply in all other respects with the rules of the District Plan. 12.3.2.2 Council may require the provision of fencing adjoining public land including existing or proposed reserves, pedestrian accessways, service lanes and roads in accordance with the Council's Development Code and at the developer's expense. 12.3.2.3 Dimensions and widths of local purpose reserves (access) shall be in accordance with Council's Development
--d------·-- Ii _co~~ ~ -- -·- -·-- -· ______12.4 I Activity Performance Standards i Controlled Activity ' 1 12.4. 1 Site Suitability l (a) The sites are suitable for the 1 purposes of 12.4. 1 (a). ! (a) Every existing or proposed site within the development 1 shall have a building site suitable for any approved ' 1 activity free from inundation, erosion, subsidence and I ! (b) The existing building sites 1 slippage. 1 I i are suitable for independent , (b) Every existing or proposed site intended for independent i residential use. 1 residential use shall accommodate a building site l
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I . - s uitable7 or conventional residential development, and 1 taking into account the yard requirements for the zone, NIA j such a site is to be identified on the plan of subdivision 1 and its suitability certified in accordance with Rule 12.3.9. NIA (c) The certification shall detail the level of consideration and investigation and to the extent appropriate shall include appropriate recommendations addressing constraints on (e) NIA development that do not involve specific foundation design or other issues (e .g. stormwater runoff) that may affect land stability. I(f) Will comply. I ' (d) Supporting geotechnical reports will be required where ~· specific foundation design may be required or other , (g) Complies, connections are issues affecting land stability, including for neighbouring ! illustrated on the Scheme properties, have been considered and assessed as 1. Plan provided and the I requiring geotechnical investigation. proposed servicing is (e) Any underground system for stormwaterlwastewater I described at Section 3. disposal or treatment associated with a conventional • I residential dwelling may be located within yards subject I to certification from a registered surveyor or geotechnical l(h) Will comply. l engineer that such is suitable and achieves compliance with the Building Code. Any appropriate separation , distances and measures to avoid effects on neighbouring l
properties shall be considered. 1' (f) Requests for consent notices requiring geotechnical ! reports subsequent to Section 224 issue will not be : I permitted. (g) Each lot in a Residential, Commercial or Industrial Zone shall be capable of being connected to reticulated water supply, wastewater management and stormwater management infrastructure of adequate capacity, and ! formed and sealed roading in accordance with Council's I Development Code. ! 1 (h) Council may require either prior to granting subdivision i consent or as a condition of any consent granted that a I soils engineer submit a report and certify the suitability of I a new lot for building on (including any restrictions on I I development).
! 12.4.2 - i. ~o-;,taminants .in Soil Discr;tlonary Activ;;-- -l Matters relating to contaminants in soil are the subject of the The site contains several "National Environmental Standard (NES) for Assessing and avocado trees that could 1 I Managing Contaminants in Soil to Protect Human Health." technically be described as an 1 Any resource consent application for land subdivision or orchard. Therefore the site is "a I development shall demonstrate compliance with the piece of land" under the
'1. I applicable provisions of the NES. A copy of the NES is requirements of the NES. 1 included in Appendix 8 of the District Plan. However, and as there is no 1 change in land use or earthworks proposed as part of the subdivision, it is considered that any potential effects are at less than minor levels. Further considerations are provided at Section 5 of this report.
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12.4.4 Transportation and Property Access Complies 12.4.4.1 General The existing driveway access from Aongatete Road is suitable (a) Council will exercise control over: for servicing the subdivision. (i) The function and design of new roading in relation to the needs of the subdivision, the existing roading pattern and the likely future roading needs of other potentially subdividable land in the vicinity; (ii) The upgrading of any existing roading necessary to serve the subdivision; (iii) The potential impact of the subdivision on the function of strategic roads as identified within the roading hierarchy and proposed mitigation measures. (c) Where a subdivision or development includes the vesting of a new road or has access to a Council road or State Highway it shall be designed to ensure safe and efficient movement of traffic (including heavy vehicles), while providing for pedestrian and cycle ways, public transport, landscaping and tree planting.
12.4.4.4 Property Access Complies Only two lots have access from the existing drive way. No (e) Privateways amendments to the existing (i) Maximum number of lots served - no more than six lots access arrangement are shall be dependent on a privateway for legal vehicle proposed. An easement is access, provided that Council may allow other lots, up to a proposed so that this can be maximum of two, with alternative legal vehicle access to a legally recognised. public road but where that access is unable to comply with Council's minimum standards, to also have rights over a privateway subject to the following: I (a) Alternative legal vehicle access must be proved to l be either (a) non-complying or (b) impractical to j
construct due to topography or other constraints or (c) r· would be within 30m of the privateway entrance boundaries using Council's Development Code standard drawings as a guide. i (b) Any such latter lots shall be excluded from the J calculation of maximum number of lots served.
·· ------~-~-~ ---·-----·-~---~~- --·-- _w ______1 12.4.5 Stormwater Complies 1 12.4.5.1 Stormwater systems shall be provided or extended 12.4.6 in accordance with Rule 12.4.3 and reticulation shall be As described in Section 3, the 12.4.7 provided for the subdivision in such a manner as to enable proposed subdivision is serviced in accordance with Rules 12.4.5 each lot to be connected to the Council system. to 12.4. 7. 12.4.5.2 The Regional Council discharge consents shall be Both dwellings on site are provided as applicable. existing and are already serviced to council's minimum Wastewater Drainage standards. The proposal is to only subdivide around those 12.4.6.1 Wastewater systems shall be provided or extended existing activities. in accordance with Rule 12.4.3 and reticulation shall be provided for the subdivision in such a manner as to enable A small easement over the right each lot to be connected to the Council system. of way for access to proposed 12.4.6.2 Each new or existing site shall be individually lot 1 is required to legally connected to the reticulated wastewater system in recognise the arrangement. accordance with Council's Development Code. No further easements are proposed .
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Water Supply
12.4. 7.1 Water Supply Systems shall be: (a) Provided or extended in accordance with Rule 12A.3 and reticulation provided for the subdivision in such a manner as to enable each lot to be connected to the Council system.
(b) Installed such that each new or existing site is individually connected to the reticulated water supply system in accordance with Council's Development Code.
18.3 18.3.2 Controlled Activities Controlled Activity The proposed reserve and walkway is consistent with the (k) On-site protection lot subdivision (excluding Matakana definition of a community Island) for up to two additional lots in accordance with benefit. Rules 18.4.2(h)(i)-(ii) when based on ecological features, viewshafts, cultural features, or land for community Therefore the subdivision benefit (priority esplanade reserves and strips only) in consent is sought under Rule accordance with Rules 18.4. 2(h)(iv)-(vii) and 18.4.2(h) 18A.2 (i) (4). (viii). 18.4 Activity Performance Standards Restricted Discretionary Activity 18.4.1 General The proposal will not comply The following performance standards shall be met by all with the width standards Permitted and Controlled Activities and all Restricted specified for reserve access Discretionary Activities on Matakana Island. They shall also under 18.4.2. be used as a guide for the assessment of all other activities. All remaining standards are Any Permitted Activity that fails to comply with any of these complied with. standards will be a Restricted Discretionary Activity for the particular non-compliance.
Except where specified otherwise the following performance standards shall be met by all land use activities.
18.4.2 Subdivision Activity Performance Standards (see Restricted Discretionary Section 12) Activity The proposal provides for public I' access to an existing piece of I (4) esplanade reserve adjacent to Land for community benefit; the Aongatete River. However the proposal cannot • Esplanade reserves or strips shown on the Planning meet the 7m width requirement Maps and listed as a priority in Appendix 4A of the specified in the Table at 18A.2 District Plan (vii) (2) . • Other esplanade reserves or strips shown on the It is considered that the 7m Planning Maps and listed in Appendix 4 of the District Iwidth requirement is not Plan necessary as a walkway is more Expansion to an existing reserve or creation of a new practicable. Separate vehicle reserve (not otherwise listed above). I. access for Council maintenance • Other land (not established as any of the above) for ' only is provided through the site. public purposes It is not considered appropriate that private vehicles utilise the • Public access to an existing or proposed reserve or to an pedestrian access. existing or proposed esplanade reserve or strip Further discussion is provided - within the AEE section of this
I_ 1 report. ... t ·· -' - . ------· ··- -
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- -, (ii) Stan~ar~s :~ on~~t~ - ;rot~:ti~~ ~~; s~bdtvi~io~-~ the .. ---- ~-~ --- Rural Zone
1. The feature or features to be protected must be within the land being subdivided;
2. Vehicle access shall be to an existing sealed road, excluding a State Highway or the Te Puke Highway;
3. Maximum lot size shall be 1ha.
I Explanatory note: For the avoidance of doubt, maximum lot size shall only apply to on-site Protection Lots and not to any new lots being created as a feature or features of value to the District to be protected in accordance with Rule 18.4.2(h)(i).
(vii) Standards for the creation of on-site Protection Lots or Transferable Protection Lot credits based on the provision of land for community benefit 1. The land shall provide for one or more of the purposes relevant to the particular feature type;
a) Priority esplanade reserves and strips in Appendix 4A - Linkages along targeted waterways b) Other esplanade reserves and strips in Appendix 4 - Purposes of esplanade reserves and strips under Section 229 of the RMA c) Expansion of an existing reserve or creation of a new reserve - General purposes of reserves under Section 3 of the Reserves Act 1977 d) Other land (not established as any of the above) for public purposes - Public purposes that can be provided for through the I establishment of community facilities, infrastructure, parks, open space, or similar. e) Public access to an existing or proposed reserve or to an existing or proposed esplanade reserve or strip I
------~~------1Compl -ie_s____ _ 48.4 48.4.4 Access to Urban Roads (Residential, Rural Residential, 4b.4.1 The proposed subdivision Commercial, and Industrial Zones) other than Strategic complies with access Roads l requirements. (a) Subdividers shall normally be required to provide only I those crossings where the location is fixed at the time of The proposed access is the I subdivision, such as Private ways. In all other cases, the same as that existing. An crossings shall be constructed at the time of building. easement is proposed so that I the access arrangement is I legally recognised. i (b) Distance from Road Intersections - No vehicular access I shall be located nearer than Bm in a Residential, Rural Residential or nearer than 25m in a Commercial, or Industrial Zone from the road intersection, measured from the intersection of the legal road boundaries or any part of a road on which the Council has resolved that no vehicle may stop in accordance with the provisions of the ·------· - -
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=------:------;---:-,------Transporl Act and any regulations pursuant to that Act.
(c) The maximum gradient for a private access (vehicle crossing and driveway) serving one lot shall be 1 in 4.5 (22.2%) as per Council's Development Code Standard Drawing W436. 12 Section 48- Transporlation, Access, Parking & Loading 28 September 2013
Explanatory Note: This gradient has been calculated as the absolute maximum for an 85th percentile passenger car to negotiate a vehicle crossing and driveway interface with sufficient clearance, assuming the vehicle crossing has been constructed to Council's standards. Council's maximum gradients for shared access (Private ways or Rights of Way) are as per District Plan Rule 12.4.4.2- tables 1 & 2.
48.4.6 On-site Manoeuvring Complies All activities shall provide manoeuvring space onsite so that all vehicles can enter and exit without reversing on to or off the road. Such manoeuvring shall be able to be executed in no more than a three-point tum.
Except that: Dwellings in the Residential Zone with direct access off a District Road are not required to provide for onsite manoeuvring.
Accordingly, the proposed subdivision is assessed as a Restricted Discretionary Activity, this is due to the proposed walkway not meeting the specified width requirements under Rule 18.4.2. The requirement for an NES consent is assessed as a Discretionary Activity.
As the subdivision consent is assessed as a Restricted Discretionary Activity the AEE section of this report provides for an assessment of the activity against the relevant matters of restricted discretion specified in the District Plan. A separate assessment is made against the NES requirements in Section 5 below. Overall, the consent has been assessed as a Discretionary Activity.
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5 Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011
The site is identified as a "piece of land" due to current and historical orchard activities (avocados). No preliminary site investigations (PSI) or Detailed Site Investigations (DSI) for the site have been carried out. The following is a summary of the consenting requirements.
Table 2 NES Trigger Act ivities
Activity Applicable to site? 1 ] -Do~~ the activity proposed to be undertaken include the removal JNo ~ or replacement of a fuel storage system or parts of it? j 2- l· [);;;tl,;;cti~it; -~~pos;d to be undertak~~d~ -- I N~------i sampling? ______j ; Does the activity proposed to be undertaken include soil I No I disturbance and removal? _L __ _j 1 ~4-- l Does the activity prop~t~b~ - undertaken- include subdivision : Yes j cl~~? : 5 Does the activity proposed to be undertaken include chang~--in--J;-N-o- I land use I 8------·------. --· ------·--- - __ J
As the site is defined as a 'piece of land', and at least one trigger activity is to occur as part of the proposed subdivision, it is considered that the NES regulations apply to the proposal. Therefore the activity is assessed as requiring an NES consent for a Discretionary Activity under regulation 11 (2) of the NES .
5.1 Assessment of Effects Overall it is considered that given circumstances surrounding the proposed subdivision that there are no additional risks presented to site users, or pathways for contamination effects. The house sites are existing and no site works are proposed in association with the subdivision. In addition the proposal does not involve a change in the use of land. Orchard activities have occurred on the site but at a low intensity. Given the nature of the proposed activity it is considered that any potential effects are at less than minor levels, and no further testing or reporting would be required .
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6 Assessment of Effects
The following is an assessment of the actual and potential effects of the proposal. No specific matters of discretion are provided at Section 18.5, therefore it is considered that the proposal needs to be assessed against 18.5.1 below "Restricted Discretionary Activities- General With respect to any Permitted or Controlled Activity which fails to comply with any activity performance standard listed in 18.4, Council's discretion is restricted to the actual or potential adverse effects arising from the particular non-compliance, having regard to the extent and nature of the non-compliance. "
6.1 Provision of Access to a Public Reserve The provision of public access to the margins of the Aongatete River provides for several community benefits. Waterways are an important recreational and cultural feature of the environment in the Western Bay of Plenty District. Therefore safe and reliable access to waterways encourages a wide range of community benefits. The requirement for a consent as a Restricted Discretionary Activity is triggered as the proposed access route will not comply with the seven metre width requirement specified under 18.4.2 (vii) (2) . It is our understanding that the seven metre requirement in the District Plan has been implemented so that vehicle access can be provided. In this circumstance vehicle access is not practicable or necessary, and given there is no sufficient turning or parking area at the river, vehicle access other than for maintenance purposes (provided elsewhere), is not appropriate. The reserve area is only 70 metres away from the Aongatete Road. Given the short distance the walkway sufficiently provides for public access. Overall it is considered that the proposed access way, and although only being of a width that is only suitable for pedestrian access, provides for a variety of community benefits including recreational opportunities such as swimming, fishing and walking.
6.2 Servicing Effects The proposed servicing of the site is described in Section 3 of this report. Both of the proposed lots will be serviced in accordance with Council's minimum requirements. The subdivision proposed is around existing dwellings that are already serviced from a water, wastewater, stormwater, access and power perspective. Given there are no changes proposed to the houses cu rrently on the site, any potential effects relating to the servicing of the dwellings are less than minor in nature.
6.3 Rural Amenity Effects As described in Section 2 the site is located within a Rural Zone, in addition much of the surrounding land is also ru rally zoned. However there are a number existing activities that could be best described as lifestyle properties occurring on surround ing land parcels given the size of the allotments. As the proposal is to subdivide around existing activities no additional effects with regard to the rural amenity of the area are anticipated. The existing Avocado trees will be maintained on site and no alterations to the houses or their locations are proposed as part of this application. In addition, the surrounding land uses and amenity are consistent with that proposed in this application.
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6.4 Archaeological Heritage and Cultural Effects As identified in Section 2 the site is marginally represented by an identified archaeological site. However given the nature of the proposal no adverse effects on archaeology or heritage will occur. No earthworks are required and the subdivision is around existing activities.
With respect to the ability for the local community to better recognise the heritage values associated with the area it is considered that the proposal will provide for several beneficial outcomes. The nearby heritage site is a non-Maori heritage site identified as a blockhouse reserve. The site was utilised by European soldiers protecting the Aongatete District in the 1860's. The history of the site has significance to the area and access to the site allows for people of all walks of life to better recognise and appreciate the heritage values associated with this segment of the Aongatete River.
6.5 Summary Overall it is considered that the proposal provides for several positive community benefits, largely around recreational opportunities. The proposal also benefits the District Council in providing improved access to existing Council owned reserve land.
Any potential adverse effects, such as impacts on the rural character of the area are considered to be less than minor. This conclusion has largely been reached given the nature of the existing activities surrounding the site. No Adverse effects are anticipated with respect to the proposed width of the access way as the reserve land is in close proximity to the Aongatete Road. In addition a Council only vehicle link is proposed, an easement will be provided to ensure the access way is kept clear and so that it is limited to Council Staff. Overall it is considered that there are several positive effects associated with the proposal and that any potential adverse effects are assessed to be at less than minor levels .
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7 Statutory Assessment
7.1 Part II of the Resource Management Act 1991 Whilst the Act's purpose is to promote sustainable management, the Act is enabling in its nature. The underlying philosophy of the Act is that people should be able to meet their own needs, as long as in doing so they do not compromise the ability of others to meet their needs now and in the future. The Act also provides for appropriate protection to the environment from any potential adverse effects associated with development. We consider that the proposed development is consistent with Part II of the Act. Section 88(2)(b) of the Act requires an assessment of environmental effects of the activity "in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment." Section 1 04(1) of the Act details the matters to be considered, and includes: Any actual and potential effects on the environment of allowing the activity;
Any relevant provisions of a plan or proposed plan;
Any other matters the consent authority considers relevant and reasonably necessary to determine the application.
7.2 Section 95 Assessment "A consent authority that is deciding, for the purpose of Section 95A(2)(a), whether an activity's adverse effects on the environment may be more than minor- (a) Must disregard any effects on persons who own or occupy (i) the land in, on, or over which the activity will occur; or (ii) any land adjacent to that land; and (e) must disregard any effect on a person who has given written approval to the relevant application. "
Comment: The proposal will result in two additional lots. It is not considered that the proposal will result in any significant effects on the environment. Particular consideration has been given to the surrounding land users, the rural zoning of the site and the proposed mitigation methods. Accordingly, it is considered that any potential for effect on the environment, including those on nearby properties would be less than minor in nature. In addition several positive community effects are anticipated. Section 95E of the Act requires a Consent Authority to decide if any persons are affected by a proposal. "(1) A consent authority must decide that a person is an affected person, in relation to an activity, if the activity's adverse effects on the person are minor or more than minor (but are not less than minor). (2) The consent authority, in making its decision- (a) may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and (3) Despite anything else in this section, the consent authority must decide that a person is not an affected person if-
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(a) the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or (b) it is unreasonable in the circumstances to seek the person's written approval."
Comment: It is not considered that any person would be affected by the current proposal that would warrant any written approvals. Additionally there is no rule in the District Plan requiring that written approvals be obtained. Council Staff were consulted with in 2016 with respect to the proposal and it was confirmed that the location was appropriate and that the Council Staff access would mitigate any potential effects associated with the decreased width . Overall the actual and potential effects are considered to be of a less than minor nature. In addition it is considered that several positive effects are afforded to the local community, especially recreational opportunities. For the reasons discussed throughout this report it is considered that the proposal can be processed on a non-notified basis.
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8 Conclusion
The proposed subdivision has been assessed as a Restricted Discretionary Activity under the requirements of the Western Bay of Plenty District Plan. In addition, and under the requirements of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, consent for a Discretionary Activity is required. This application has been prepared in accordance with Section 88 and the Fourth Schedule of the Resource Management Act. The activities proposed have been assessed to have less than minor effects in the context of the surrounding environment and the zoning of the site. The proposal does not compromise the potential of the resource to meet the reasonably foreseeable needs of future generations by providing two lifestyle blocks within a Rural Zone in return for the provision of an important community benefit. Being access to reserve land. Any potential adverse effects associated with contaminated land have been discussed throughout the report. Given the nature of the proposal, no ground disturbances or land use changes, it is considered that any potential health risks to site users are at negligible levels. We therefore consider that the proposed subdivision can be granted resource consent as a Restricted Discretionary Activity on a non-notified basis and the proposed NES consent to allow for the subdivision of land as a Discretionary Activity on a non-notified basis.
&urecon Project 255214 File 15 February 2017 Revision 0 Page 16 37 I 38 THE TO UtlOER OUR TO T SUB.ECT FOR RE-USE WITH AAE FOR ION SUBJEC T J\1110 IS < ! 4 .UNC . LICENCE .4.Pf>IJ:ATION COUNCIL ONLY J\111 CON CONSENT HEREON IN OF ZE.Al.ANO DISTRICT .J1¥Eft ONLY . INDICAT~ NEW TIONS I DEPICTED 0 . ACCOMPANY T # 3 ARE USED TO OISTRCT COND SERVICE BE 34 EIR TO AREAS CONCEP H DATA I IS T If AND THE GISBOONE PREPARED . ATTRIBUTION UNZ AND · rrdlafal1700tJav~nnl-aor~os-a:l11·20121NIOLICENSEO . THE ¢_! NOTE LTDANO COONCIL CONSBH POSITK>NS HPSOEEN -, FROM lnz.grM COI.'.MOOS . .APPROVAL TO IMAGE IVE T 4!* BOPlASS THISf>l.J\l'l RESOURCE COUNCIL REPORT SUIMY AERIAl NOTE BOONOAAV hftps:lfdlta CREA SOURCED BY "-... I " "-... .,..,. . --- ...... --- ER LI COL A ppA.Fosbetry T S 73476 1 TRU DPS Y FAMIL % «'1l OWEN ti}~ NN A "l'cq. aureconqroup.com . • aurecon www 39 Quickmap Title Details 40 ATTACHt~E ~ le 66J
QuickMap Title Details
Information last updated as at 07 Feb 2017
COMPUTER FREEHOLD REGISTER DERIVED FROM LAND INFORMATION NEW ZEALAND
Identifier SA66A/277 Land Registration District South Auckland Date Issued 07 October 1998
Prior References SA59A/817
Type Fee Simple Area 1.2750 hectares more or less Legal Description Lot 2 Deposited Plan South Auckland 81344
Proprietors CLM Trustees Limited and Patricia Ann Owen
Subject to the provisions of The Harbours Act 1950 S529867 Gazette Notice declaring No 2 State Highway (Katikati-Apata) fronting the within land to be a limited access road - 20.8.1971 at 9.50 am Appurtenant hereto are rights of way and a right to convey electricity and telecommunications and water rights specified in Easement Certificate 8456782.5 - 18.12.1997 at 9.12 am The easements specified in Easement Certificate 8456782.5 are subject to Section 243 (a) Resource Management Act 1991 Land Covenant in Transfer 8543964.1 - 17.5.1999 at 2.36 pm Fencing Covenant in Transfer 8543964.1 - 17.5.1999 at 2.36 pm
The information provided on this report forms a guideline only. As a result, Custom Software Limited cannot and does not provide any warranties or assurances ofany kind in relation to the accuracy ofthe information provided through this report, the Site and Service. Custom Software Limited will not be liable for any claims in relation to the content ofthis report, the site and this service.
file:///C:/Users/luke.balchin/AppData/Locai/Temp/1/QM_DocOrder.html 17/02/2017 41 ; ! 42 l --1 z ~ m .,- )> ("') -f ~ THE ' " " TO UNDER " - ' ...... OF TO ...... SUBJECT FOR RE-USE " ARE FOR ...... /"' ...... ~!l!l!="' 8tUCT . AND IS 't' 4 " - OHt. COUNCIL ...... ROAD " /"' 81344 AHN'Pt.JCAT10N DPS77081 Htii!:ON SUBDIVISION ...... A .lEAWI)~E. " DISTRICT ...... DPS OHLYINCOHJI.tiCTIONWITHOUR SA661/277) rNDICATM /"' 2 DePIClED ACCot.FANY ARE 10NEW SUBDIVISION ' USED (CT TO ...... DISTJIICT BEING _;.,---- LOT SERVICE BE AONGATETE ...-" TO AREAS CONCS'T 1-3 DATA ...... IS ...... rT AND THE G1880RNE PREPARED - UNZ : ...-" 3 LOTS AND TlfE " BEEN NOTE ...... LTD COUNCIL P061T10NS HAS moM DPS81344 CCMI:INSATTRBUTION TO ,.., ...... : PlAN ...... 80PtASS THIS NOTE RESOURC€COHSENT. REPORT COUta..APPROVALANDTHmCONtmOHSCECartSBn lltiRYEY 110UNDARY AERIAI.Iw.Ge SOlJlCED lltlp«/ldltah.~II~~II-2012/ANJtx:ENSED CREATIYE BY ..._., ...... - ...... -- ...... ------...... MI J l ll ,..,. 1 ------...... - ...... DP433548 CONSTRUCTlON -- CONSENT " ---- ...... FOR COLUER . FOR A " ...... pp.A.Fosbelry NOT ~ -J- ( " ...... - " ...... " " " A.PERRY lBAlCHIN " " " " =--=--~-- " ------" " -. " 4088m' ~OT2 ~ - " -- ACCE99WA'fLOT3REVISED 02.17 . 17 20.02.17 B A 1 TRUST DPS73476 FAMILY % =
> ------ > ---- > >>Hi Aaron > It is a sophisticated version of what you submitted with an legal > easement for access for maintenance by the Council.! printed off a > plan today, can I bring it with me re progressing an application for subdivision. > Would like to see you today while in town Cheers,Ann > > > > Hi Ann- is this the plan attached that we sent to council (I cant >seem to »open it). >> »Regards >> » Aaron Collier »Technical Director, Advisory, Aurecon T +64 7 5775120 F +64 7 5786143 » M +64 21 744 707 Aaron [email protected] >> » -----Original Message----- r » From: [email protected] [mailto:[email protected]] »Sent: Wednesday, 12 October 2016 9:39AM »To: Aaron Collier
2 45 ATTACHMENT GJ >> * The area down by the pond is raised to ensure it is accessible » at all times ie isn't prone to flooding >> >> * That the accessway is created as a separate lot through the >> subdivision process >> >> * That a right of way easement be put in place for maintenance » access ( NB: the public would not be permitted to use the ROW >>easement >>) >> » * Fencing along the accessway will be at the applicants cost >> >> >> >> >> >> »There may be some other requirements identified through the >> subdivision process. >> » It is important to point out that, Council's involvement in the r >> subdivision process is in two roles , one in it's capacity as a » landowner, the other in it's capacity as a Regulatory Authority. On >> this basis there is no guarantee that a subdivision consent will be » granted. This risk is something you will need to discuss with your >> Planning Consultant. >> »The subdivision application will need to satisfy the District Plan >> requirements relating to community benefit lots and may include the » need to be notified. The decision to notify or not will be made by >> the Consent Planners once they have assessed the subdivision application .. >> >> Please don't hesitate to contact me if you have any queries. >> >>Regards >> >> >> > > [http :1 lg isp rodgeo/Geocortex/Essentials/RE STIT em p Files/Export. j pg ?g u i » d =35f1 09f6-f411-449f-8236-de4e1 cd05287 &contentType=image%2Fjpeg] >> >> >> >> >> Peter Watson >> Reserves and Facilities Manager » (Kaiwhakahaere Whenua Rahui) >> » P 07 571 8008 * DD 07 579 6680 * M 0274 902 543 Barkes Corner, >> Greerton, Tauranga Private Bag 12803, Tauranga Mail Centre, Tauranga » 3143 E >> peter.watson@westernbay. govt. nz
3 46 ATTACHMH:T [iJ aurecon•
Aurecon New Zealand Limited Ground Level247 Cameron Road Tauranga 3110 PO Box2292 Tauranga 3140 New Zealand
T +64 7 578 6183 F +64 7 578 6143 E [email protected] W aurecongroup.com
Aurecon offices are located in: Angola, Australia, Botswana, China, Ghana, Hong Kong, Indonesia, Kenya, Lesotho, Macau, Mozambique, Namibia, New Zealand, Nigeria, Philippines, Qatar, Singapore, South Africa, Swaziland, Tanzania, Thailand, Uganda, United Arab Emirates, Vietnam. 47 ATTACHMENT Q
Aurecon New Zealand Limited T +64 7 578 6183 Ground level 247 Cameron Road F +64 7 578 6143 • Tauranga 3110 E [email protected] aurecon PO Box 2292 W aurecongroup.com Tauranga 3140 New Zealand
4 April 2017
Gael Stevens Senior Planner Western Bay of Plenty District Council 1484 Cameron Road Greerton Tauranga
Dear Gael
12 Aongatete Road Subdivision- Section 92 Response in Accordance with the Resource Management Act 1991 Our ref: 251415
Please see our responses to Council's request for further information, received on 14/03/2017 pursuant to Section 92 of the Resource Management Act 1991 below.
1. Water supply
The subject property is only served by one water connection (according to ozone) and I would assume this is shared between the two dwellings on site somehow. The application report does not state how each lot will be served by individual connections. Presumably the existing connection will be retained for one of them (and a new one installed for the other) but which one? They need to advise their preference.
A/so, our GIS map system does not show a connection at all for this property so it would be useful if they could provide a sketched location of the toby box/meter.
Comment: The existing connection will be retained for the existing dwelling on proposed lot 1 (main house). An additional connection will be provided to serve the house located on proposed lot 2. The toby box meter is located near the drive way and within road reserve. The approximate location is sketched on the marked up drawing endosed with this letter.
Although not specified by Council's engineer, wastewater is treated on site and no changes are proposed, or required as part of this application. It is considered that the onsite wastewater treatment measures were certified when established. The approximate locations of the effluent disposal fields are sketched on the plan enclosed with this letter.
2. Vehicle entrance
The existing entranceway appears to be non-complying in regards its orientation with Aongatete Road. Traffic will increase on the entranceway due to the easement rights for Council. The application report has not reported on: • Standard of current formation (widths, materials, drainage etc) • Orientation • Sight lines • Recommendations for upgrades
Comment: Traffic will not increase as a result of the proposed subdivision as both houses are established and occupied. Additionally, the easement proposed to allow for Council access was as
Project 251415 File Section 92 Response · Draft HM re view.docx 4 April 2017 Re vision 0 Page 1 48 ATTACHMENT lJ] aurecon•
requested by Council, of which the applicant has agreed to, and is only for maintenance purposes. It is anticipated that access by Council will be very limited.
Therefore the above recommendations for upgrades are considered to be irrelevant in the context of the subdivision which is around two existing dwellings.
3. ROWs A &B
Traffic will increase on the entranceway due to the easement rights for Council. The application report has not reported on: • Standard of current formation (widths, materials, drainage etc) • Recommendations for upgrades
Comment: As per the previous comment, the assumption that an easement for Council maintenance access will increase traffic volumes to an extent that would warrant upgrades is inaccurate. Council had originally requested the easement for access.
Assessment against 18.3.4(m)
It was also noted that following Council's assessment of the application that an assessment as a discretionary activity is required. The activity status is afforded due to the inability to meet performance standard 18. 3.4(m). Council has raised some concerns with the narrow nature of the walkway, proximity to the neighbouring property and lack of parking available for use of the walkway. To assess these considerations the following information is provided.
The non-compliance referred to is assumed to be with regard to the width, the plan requires a minimum width of seven metres. As identified in the table at 18.4.2(h)(vii)(2) of the District Plan.
1 Rule Assessment 18.3.4 Discretionary Activities- (m) On-site protection lot subdivision (excluding Matakana Island) for one to five additional lots when based on any feature or features of value to the District (including land for community benefit) not in accordance with Rules 18.4.2(h)(i)-(ii), 18.4. 2(h)(iv)-(vii), or 18.4.2(h)(viii).
18.4.2(h)(vii)(2)- The minimum feature sizes in the table below shall be used as a guide for assessing the number of on-site Protection Lots or Transferable Protection Lot Credits able to be created.
Project 251415 File Section 92 4 April2017 Re vision 0 Page 2 49 ATIACHMENT GJ aurecon
Feature Type Minimum feature Minimum feature sizes for the sizes for the creation of two to five on-site creation of a single Protection Lots, or any number of on-site Protection Transferable Protection Lot credits Lot or Transferable Protection Lot credit
1 Avg 2 3 4 5
Public access to No minimum length lkm 2km 3km 4km Skm an existing or 7m wide 7m 7m 7m 7m 7m proposed reserve or to an existing or proposed esplanade reserve or strip
As a seven metre width is not provided the application shall carry a Discretionary Activity status.
2 Relevant Objectives and Policies Assessment As a discretionary activity, an assessment of the objectives and policies directly relevant to the proposal are provided below.
2.1 Objectives 5. Maintain the rural character and amenity values associated with the low density rural environment.
Comment: The area is not used for primary production nor is it suitable given its location and given the lot sizes as they currently occur. There are avocado trees on the property and the removal of the trees is not required as part of this subdivision which helps to preserve the rural character of the environment.
In addition the proposed subdivision is around an existing dwellings that are lifestyle type properties as opposed to rural production due to the existing lot sizes. Therefore the actual impacts on the existing amenity are negligible.
6. Protection and enhancement of ecological, landscape, cultural, heritage and other features located in the rural environment which are of value to the wider community.
Comment: It is considered that the proposal facilitates objective 6 as it promotes the protection and enhancement of a significant cultural and natural feature. Rivers provide for several beneficial cultural and social outcomes. The provision of access therefore enhances the ability for the community to enjoy these areas.
2.2 Policies The following policies in Section 18 of the District Plan are considered relevant to the proposal.
9. Provision should be made for the limited subdivision of land (including the transfer of title rights to identified areas) in conjunction with the sustainable protection or restoration of ecological, cultural, heritage, landscape or other features of value to the wider community.
Project 251415 File Section 92 4 April2017 Revision 0 Page 3 50 ATTACHMENT [jJ aurecon•
Comment: The proposal is a result of what Policy 9 seeks to achieve. Limited subdivision should be provided in circumstances that promotes features of value to the wider community. In this case access to the Aongatete River.
12. Subdivision and development should not occur in rural areas which have inadequate reading or other infrastructural capacity to cater for such development.
Comment: Sufficient access and servicing is available. As noted the proposed subdivision is around existing dwellings. Both are serviced by on site wastewater treatment. An individual water connection will be provided to proposed lot 2 and proposed lot 1 will continue to be serviced from the existing line. The existing access way is appropriate and the easement allowing for access to Council is for maintenance purposes only and will not increase the potential traffic impacts.
13. Rural-residential or rural lifestyle development should be channelled onto land with the following attributes: • Low versatility for primary production; • Able to be readily serviced; • In reasonable proximity to urban centres; • Able to be developed in a manner sympathetic to the character and amenity values of the surrounding rural area.
Comment: It is considered that the site is consistent with the four attributes specified under policy 13.
3 Additional AEE matters As specified by Council some concern has been raised about the width of the walkway, proximity to the neighbouring property and lack of parking available. An assessment of effects is provided in the following sections with particular regard to Councils specified concerns.
3. 1 Parking Following a review of the site and with respect to the anticipated use of the walkway, it is considered that there is sufficient space available for parking. There are un-kerbed grass berms on either side of Aongatete Road. And directly adjacent to the proposed walkway the berm is approximately 4.5 metres wide and 40 metres long.
Given that these areas are public it is considered that the availability of parking will be sufficient and any potential adverse effects of a less than minor nature. Especially when compared to positive impacts associated with the provision of access to esplanade reserve, of which is consistently promoted in the objectives and policies of the District Plan. The exi sting hedges will help screen parked cars from an amenity perspective and additional vehicle movements and parking is part of the existing environment due to the commercial activity across of Aongatete Road.
3.2 Walkway dimensions and Proximity to a Neig hbouri ng Property Due to the location of the existing driveway there are limited options available with respect to widening the wal kway. However the 2.5 metre wide sections of the walkway are wide enough to accommodate
Project 251415 File Sectio n 92 4 April2017 Re vision 0 Page 4 51 ATTACH~v'IENT \_L aurecon•
the intended use, foot traffic. The distance to the river is not great and the narrow 2.5 width will still allow for two way walking traffic.
In addition the narrow nature is considered to mitigate the potential effects on the neighbouring property by giving the walkway a feel that is more private. It is expected that users will be required to respect the neighbouring properties as part of the privilege to use the walkway for access purposes. The segment of the walkway that passes closest to the neighbouring property adjoins the property's rear yard as opposed to their front yard. The distance is considerable at 8- 10 metres and the house has an aspect to the north to maximise views and sunlight admission as opposed to the south . Matters stated are considered to appropriately mitigate any potential adverse effects. In addition there is an existing hedge that is considered to further mitigate any potential impacts of the walkway.
Overall the effects on the surrounding environment, including nearby properties and amenity are considered to be less than minor in nature.
Yours faithfully
Luke Balchin Planner
Enc: Marked up Scheme Plan
Project 251415 Fil e Section 92 4 April2017 Revision 0 Page 5 52
Office Use Only Application No
Cameron Road Private Bag 12803 Submission on Application for Resource Consent Taurang~~ 3143 Phone: 07 571 8008 Resource Management Act 1991- Form 6A Fax: 07 5779820 OJStomen:[email protected] www.westembay.govt.nz 1. Submitter Details
Rrst Name,ts: Cr-nstq:;ter ~ c:e Surname:
Rrst Name: f?.ev""el i'(J Lf<(jCC SUrname:
2. Address for Service (your post;JI address}
.:l. ~ ~ R'l;ld Post Code: 3 1~ I
3. Contact Details
Phone: Mobile:
Fax: Email:
4. Submission
A submission is made in respect of the application by (state name ofapplicant)
to (briefly describe the application).
Wm\1e.£l. oo\i.Ec.ob D":> c£ k4;AiQ?..bG:> 1o G~ pr\>~de i l.A'vt la-.d to
0\ p &D\', <... tese-Ne end V'¥A\'f:.Wt? I I We support/oppose the application because: (continued over) 257627 53 CHRISTOPHER AND BEVERLEY LEYLAND ATTACHMENT [L] 28 AONGATETE ROAD RD4, KATIKATL 07 5520307 chris. outlaw 77@gmail. com 15 August, 2017. To Jody Schuurman (Consents Technician, Policy, Planning and Regulatory Services) Gael Stevens (Processing Planner) -Western Bay ofPlenty Council. Aaron Collier ( Aurecon NZ Ltd) This is a formal submission to the application for resource consent from Ann Owen at 12 Aongatete Road, and we do not support the application with the current terms. With the current proposal we would like the council to please decline the application for change. We would like to be heard in support ofour submission. Here are our reasons for submission ADVERSE EFFECTS ON THE ENVIRONMENT Increasesd foot traffic at the rivers edge will lead to erosion, the land is already near river height and has only vegetation and undisturbed soil helping to form a flood barrier and minimising erosion. The nature ofhumans is to litter and leave waste, as there are no tolietfacilities, human excretment into the water ways and rubbish is a large possibility. The property across the road has public toliets and rubbish bins in the building when they are open for business, they do not have a problem with rubbish or waste. PUBLIC SAFETY As the land is low and near river level, it is naturally a wet land, it is naturally boggy and has surface and at times more serrious flooding after big rains, it does not make for a safe walk way for anyone that is unaware of the real possibilities oftripping in boggy ground and falling in the river or into the pond, which may have germs and disease causing microbes, the pond would not be a wise place to dip your feet in or go for a swim, and small children or anyone under the influence would need supervision around a large body ofwater. We have full grown bulls and a guard dog on our side ofthe fence which may be harmful to any public that venture over the fence. We also have a deep pond that an unsupervised child could drown in ifthey climbed the fence. NO OFF STREET PARKING The property across the road has offstreet parking, it has a tar sealed area where people can park and or turn around without driving all over the grass verges. The parking outside number 12 is ok for a couple ofcars but the grass is on soft soil, it is not suitable after lots ofrain as the turf is easily spun up. The rest ofthe parking would naturally be outside our fence line at number 28, the verge gets soft and when people drive all over it, it leaves deep tyre marks and digs up the soil, even in dry season when the soil gets very dry and crumbly. Why we take pride in our property and mow the public verge outside our property to keep it looking nice, It will be impossible to maintain dug up turf. 54 ATTACHMENT 0 OUR LOSS FOR ANNS GAIN We purchased this property because it let us have the rural lifestyle and the benefits that you can have in the country that you cannot have around public areas or in residential areas. We enjoy shooting in duck season on our property as does the neighbour across the river. We farm bulls that free range graze, a/tough they are not given access to the rivers edge as we try to minimise erosion, we run the risk offpeople and dogs harming our stock. We enjoy our peace and quiet without the public looking into our property, ifthe walk way is granted we lose our privacy and there will be an increased risk ofsecurity break ins and/or people wandering on our land. Our master bedroom is only 7 metres from the fencline and our private BBQ deck next to that. Ann has already made her pond larger in the last couple ofyears as the original easement had a lot less water from her place draining on to our land and through our drain. When her pond floods it is a larger body ofwater now than what it was when we moved to this address. Ifthere are any more changes to her property that cause more water to jill our drain and flood our land it will become a cival mater. As there is a change ofthe amount ofwater coming our way, and ifthere is a change of land use and zoning, we feel that the easement may need to be changed also and that given the circumstances, Ann should be putting in her own drainage to the river. We like our current privacy and low crime rate, why would we agree to giving the public free range to observe us and for what to visit a swampy pond and ruin the banks ofthe river, and make our entry a dirty grassless pit, there are other suitable spots where there are a large number ofriver rocks to walk on and they are better suited to entering and exiting the water without caving in the river banks Ifsome ammendments could be made such as proper offstreet sealed parking bay for several cars, and a high solid fence from the road to the river and independent drainage for their pond, we may consider an agreement. 55 ATTACHMENT 0 1/We seek that the Council make the following decision in respect of the application: tec:J·,r-:e \:be ~\\c<'2b o.-. ~'De ·1-\ \ s l"')c;4 o ~ \+e\bh"" ~"J -\o :\be. ~lee .R.\'{C£ rm 1/We wish to be heard In support of this submission Yes No l!!U t§l::!L ~-~ A copy of this submission must be sent to the applicant/agent as soon as practicable. 'J57627 - - · ------