City Rail Link Notice of Requirement for an alteration to Auckland Transport Designation 1714 (City Rail Link Designation 3 and 6) and KiwiRail Designation 6300 to the Auckland Unitary Plan (Operative in Part)
Section 198D Report
10 May 2017
Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
City Rail Link Notice of Requirement for an alteration to Auckland Transport Designation 1714 (City Rail Link Designation 3 and 6) and KiwiRail Designation 6300 to the Auckland Unitary Plan (Operative in Part)
Section 198D Report
Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
Report preparation This report has been prepared by Chris Scrafton, Lead Reporting Planner and Principal Planner (MWH, now part of Stantec) with assistance from the Reporting Team, being Megan Couture, Planner (MWH, now part of Stantec) and Matt Spiro, Principal Planner, Central and South (Auckland Council). This Report has been reviewed and approved by Joao Machado, Team Leader Planning, Central and South (Auckland Council). Reports and/or comments have been received from the following Council Officers and external consultants with respect to this application:
A Transportation review by Council’s consultant transport planner, Gavin O’Connor (MWH, now part of Stantec) – Appendix G, and;
An Acoustic and Vibration Effects review by Council’s consultant acoustic engineer, Jon Styles (Styles Group – Acoustic and Vibration Consultants) – Appendix H;
An Arboricultural review by Council’s Manager Regional Specialists, Community Facilities, Bruce Edwards – Appendix I;
Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
Contents
1 Introduction ...... 5
2 Proposed alterations ...... 12
3 Submissions ...... 18
4 Statutory assessment framework ...... 24
5 Assessment of Alternatives ...... 26
6 Reasonable Necessity of Project for achieving Objectives ...... 32
7 Assessment of Effects ...... 38
8 Mana Whenua Values ...... 40
9 Transportation ...... 42
10 Noise and vibration ...... 51
11 Amenity Effects...... 55
12 National, regional and district policy assessment ...... 58
13 Other matters ...... 67
14 Conditions ...... 69
15 Part 2 (Purpose and Principles) of the RMA ...... 77
16 Recommendation ...... 80
Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
1 Introduction
Notices of Requirement 1.1 On 17 November 2016, Auckland Council (Council) received Auckland Transport’s notice of their requirement for alterations to City Rail Link (CRL) Designations 3 and 6 in the Auckland Unitary Plan (Operative in Part) (AUP), and KiwiRail’s notice of its requirement for an alteration to the North Auckland Line (NAL) Designation in the AUP.1 These alterations are required to enable the construction, operation and maintenance of the CRL and NAL lines in the vicinity of Mt Eden Station.
1.2 Broadly speaking, the NoRs seek to:
a) extend the strata protection designation (Designation 3) beneath the Designation 5; b) remove the requirement for a grade-separated crossing at Porters Avenue; c) extend the designation boundary to provide for additional construction support areas; d) enable the removal of trees along Boston Road; e) provide for alternative access at 32 Normanby Road; and
f) amend the NAL Designation to enable the realignment of the NAL. 1.3 The reasons for these alterations and the project history is set out below in paragraphs 1.5 to 1.15, and the scope of the proposed alterations is discussed in detail in section 2 of this Report.
1.4 The NoRs were received from Auckland Transport (AT) and KiwiRail as a joint application. For the purposes of this Report, the three NoRs are generally treated as one application, and are referred to as the “application.”
Project History 1.5 The CRL project is identified in the Auckland Plan (2010) as one of three transport projects critical to Auckland’s future growth, and is the top priority transport project for Auckland.2 The CRL project currently provides for the construction, operation and maintenance of a 3.4km underground passenger railway between Britomart Station and the NAL in the vicinity of the existing Mt Eden Station, and includes the construction of two tracks, three new stations in the vicinity of Aotea Station, Karangahape Road, and in the vicinity of Symonds Street, Dundonald Street, and New North Road, as well as modifications to Britomart Station.
1 CRL Designation No. 1714; KiwiRail NAL Designation No. 6300 in the AUP 2 Paragraph 756; Box 13.2 “the City Rail Link”
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1.6 As stated in the Auckland Plan, the CRL will:
a) address congestion in the central city road network and support the Auckland Plan target of 69% of trips to the city centre being by public transport;
b) result in a train every five to ten minutes from most Auckland stations due to the linkage of Britomart and the existing western line near Mt Eden Station; and
c) facilitate new commercial and residential development, and access to employment and educational opportunities not just for the city centre, but for all communities on the rail network.
1.7 The CRL is also identified by AT as being a key project in achieving an integrated transport programme to keep Auckland moving as the city grows over the next 30 years.
1.8 Following a series of investigations into the CRL, AT gave notice of their requirement (NoR) in 2013 for a series of surface and sub-strata designations for works to construct and operate the CRL project. The CRL was heard by Independent Commissioners between August and November 2013, and at the beginning of March 2014. A decision was made in 2015 to confirm the six individual CRL Designations as follows:
a) Designation 1 (“Aotea Station”) – between the Britomart Transport Centre (Britomart) and Albert Street / Mayoral Drive (in the vicinity of the Aotea Centre car parking entrance on Mayoral Drive); b) Designation 2 – a sub-strata designation that relates to the land below the ground surface (under the road reserve and private property) between Mayoral Drive and New North Road, Newton; c) Designation 3 – a protection designation that relates to the land 5m below the ground surface (strata) between Mayoral Drive and New North Road, Newton; d) Designation 4 (“Karangahape Station”) – relates to land within and in the vicinity of Pitt Street, Beresford Street, Karangahape Road, and Mercury Lane; e) Designation 5 (“Newton Station”) - relates to land within and in the vicinity of Symonds Street, Dundonald Street, and New North Road; and
f) Designation 6 - relates to that part of the CRL project generally between New North Road, Mt Eden Road and Boston Road in the north, and the NAL in the south. It also includes land located on the southern side and adjacent to the NAL between Normanby Road and Mt Eden Road and to the immediate east and west of Porters Avenue.
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Investigations and design refinements 1.9 It is my understanding that a number of issues have arisen during the development of the CRL Concept Design, which has been subject to ongoing refinements as part of the CRL Reference Design stage. These issues, which are identified and discussed in Appendix B to the application, and the multi-criteria assessment (MCA) provided by AT3 are summarised in the table below.
Table 1-1: Summary of Issues identified during CRL Reference Design Stage
Matters to be Comment addressed
Required vertical The assumed vertical gradient of the road results in the lowering of the vertical alignment alignment for the NAL and CRL lines. The required lowering of the NAL also has implications on the CRL vertical alignment as both tracks are required to pass underneath the NAL Down Main, supported by a flyover structure. This has resulted in the CRL being pushed down into a deep cutting in order to achieve the vertical clearance to the underside of the flyover structure prior to meeting the NAL at grade west of Porters Avenue.
Safety and A flat junction with conflicting movements as proposed in the concept design operational poses a safety and operational risk. This risk can be avoided by grade issues separating the junction. However for this to be achieved the Downmain from Grafton will pass beneath the Upmain towards Swanson. The effect of this is to increase the depth of the tracks on the east facing connection and extend the tie in of the CRL and NAL tracks further eastward than assumed in the NoR concept design.
Construction Due to the required vertical alignments of both the NAL and CRL Lines, the risks construction staging associated with constructing this option within a live rail environment has a high risk profile. Changes to the track alignment will be complex to implement due to the changes to elevation of the tracks.
Geotechnical Geotechnical site investigation has also confirmed the presence of significant constraints basalt flows within this part of the alignment. Excavation through basalt would require either blasting or a potentially noisy and slow mechanical excavation. The vertical curves associated with the NAL need to commence from 60m inside Mt Eden Station. A complete rebuild of the Mt Eden Station would be required due to maximum gradient restrictions at platforms.
3 Porters Avenue Level Crossing: Multi-criteria Analysis (Auckland Transport, December 2015), attached as Appendix B to this Report.
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1.10 In responding to these issues, AT and KiwiRail propose to:
a) Reduce the depth of the CRL and NAL tracks; b) Introduce a grade separation of the east and west links at the bifurcation of the CRL tracks to mitigate the safety and operational risks associated with the flat junction;4 and c) Realign the existing NAL tracks to facilitate the tie in of the CRL.
1.11 In summary, this optimisation of the CRL Concept Design rail alignment has resulted in the reduction in depth and underground grade separation of the east and west links from the former flat junction located at the intersection of Nikau and Flower Street. To facilitate the tie in of the CRL rail lines with the existing KiwiRail NAL alignment, KiwiRail tracks will need to be moved.
1.12 At the Porters Avenue rail crossing, the NAL tracks remain at the existing ground level while the CRL west facing connections are approximately 4m below the current ground level. Design alignment optimisation has raised the level of the western links such that the road over rail bridge at Porters Avenue cannot achieve the required clearances and maintain a code compliant road geometry for its tie in with New North Road to the north, and within the designation to the south.
1.13 In addition, the retention of existing property access to the adjacent properties (a requirement of CRL Designation 6) cannot be achieved as a result of the optimisation and design refinements described above.
1.14 As a result, alterations are required to CRL Designations 6, and KiwiRail Designation 6300 (North Auckland Line) KiwiRail. These alterations are described in detail in section 2 of this Report.
1.15 Further to the above, it is my understanding that AT and KiwiRail intend on redeveloping the existing Mt Eden Station in the future, and as a result of this, AT intend on uplifting the Newton Station designation (Designation 5). In order to uplift Designation 5, AT need to first extend the sub-strata “protection” designation (Designation 3) beneath the area presently covered by Designation 5. Once the protection is in place, Designation 5 will be uplifted. This alteration is also discussed in further detail in section 2 of this Report. Adequacy of information 1.16 Council issued a number of requests for further information pursuant to section 92(1) of the Resource Management Act 1991 (RMA) to AT on 2 December 2016, 22 December 2016 and 20 April 2017 in respect of the application. AT provided their response to these requests on 20 December 2016, 17 February 2017 and 27 April 2017 (respectively).
4 Page 2 of MCA (Appendix B to this Report).
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1.17 In response to submissions received relating to the proposed closure of Porters Avenue, AT provided the MCA that was carried out for the crossing on 10 March 2017.
1.18 The MCA provided by AT, and these section 92 requests and responses are included as Appendix B and C (respectively) to this Report, and are discussed in greater detail in this Report where relevant. Notification 1.19 Section 169(1) of the RMA states that if a territorial authority is given a NoR under section 168, the territorial authority must decide whether to notify the notice under sections 95 to 95F.
1.20 AT requested public notification of the application under section 95A(2)(b) of the RMA. The application was subsequently notified on 31 January 2017, with the notification period closing on 3 March 2017. An extension to the notification period of 2 days was given, due to an administrative error which delayed the notification getting to the newspaper.5
1.21 Council received 79 submissions in relation to the application. Further detail and a summary of these submissions is contained in Section 3 of this Report, and the submissions are contained in full in Appendix F. Direct Referral 1.22 On 10 March 2017, AT and KiwiRail submitted a request to Council to allow the application to be the subject of a decision by the Environment Court pursuant to section 198B of the RMA. Council replied to this request on 31 March 2017. The justification for the request by AT and KiwiRail, and Council’s subsequent analysis and response, is attached as Appendix E to this Report.
1.23 This Report sets out the advice of the Lead Reporting Officer. This Report has yet to be considered by the Environment Court to determine the application. The recommendation is not the decision on the application. A decision will only be made by the Environment Court, and after the Environment Court has considered the application and heard the applicant and any submitters who join the proceedings as section 274 parties.
1.24 This Report contains a recommendation as to whether the application should be confirmed, modified or withdrawn. Having considered the proposal against all the relevant statutory requirements, I recommend that the NoRs be confirmed. The reasons for this recommendation are set out in this Report.
1.25 It is noted that a recommendation is typically contained in a Reporting Officer’s section 42A Report for a council hearing, and that the applicant still retains a discretion as to whether or not to refer the proposal to the Environment Court under section 198B of the
5 The original closing date was 1 March 2017.
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Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
RMA. For these reasons, and to ensure that the overall conclusions are clear to the applicant and the court, a recommendation has been provided in this instance. Purpose of Report 1.26 This Report has been prepared in accordance with section 198D of the RMA. The key purpose of this Report is to:
a) assess the application against the requirements of the section 171 of the RMA;
b) suggest further conditions and amendments to conditions to be imposed on the designation to ensure the adverse effects of the project are appropriately managed; and
c) identify the issues and concerns raised in submissions on the application. Documents Relied On 1.27 In preparing this Report, the following documents provided by the applicants have been relied on:
Table 1-2: Application documentation
Alteration Documentation Relevant Appendix
Assessment of Effects on the Environment - Notices of Requirement for Appendix A Alteration to CRL Designation 1714 (Designations 3 and 6) and North Auckland Line Designation 6300
Section 92 Response, 20 December 2017 Appendix C
Section 92 Response, 17 February 2017 Appendix C
Porters Avenue Level Crossing: Multi-Criteria Analysis (Auckland Transport, Appendix B December 2015)
Section 92 Response, 27 April 2017 Appendix C
A Transportation review by Council’s consultant transport planner, Gavin Appendix G O’Connor (MWH, now part of Stantec)
An Acoustic and Vibration Effects review by Council’s consultant acoustic Appendix H
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engineer, Jon Styles (Styles Group – Acoustic and Vibration Consultants)
Arboricultural review by Council’s Manager Regional Specialists, Community Appendix I Facilities, Bruce Edwards
1.28 A list of the relevant RMA planning instruments that have been relied on in assessing the application is contained in Section 11 of this Report. Other non-RMA planning instruments that have been relied on are discussed in Section 12. Auckland Transport
1.29 AT is a Council Controlled Organisation (CCO) established under section 38 of the Local Government (Auckland Council) Act 2009 (LGACA).
1.30 AT’s statutory purpose as set out in section 39 of the LGACA is “to contribute to an effective, efficient, and safe Auckland land transport system in the public interest.” Sections 45 and 46 of the LGACA outline AT's functions and powers in respect of the land transport system and AT’s role as the Road Controlling Authority.
1.31 AT is a requiring authority (a network utility operator under section 167 of the RMA) in relation to the Auckland transport system (including rail) via section 47(1) of the LGACA.6
KiwiRail 1.32 KiwiRail is a New Zealand Government-Owned enterprise that owns and operates New Zealand’s rail network and the inter-island ferry service. KiwiRail is subject to the State- Owned Enterprises Act 1986, and the New Zealand Railways Corporation Act 1981.
1.33 KiwiRail is a requiring authority in accordance with gazette reference 1447, dated 14 March 2013, for its network utility operation, being the construction, operation, maintenance, replacement, upgrading, improvement and extension of its railway line(s) or rail network. Project Objectives 1.34 The project objectives are set out in sections 1.2.3 (for AT) and 1.3.1 (for KiwiRail) of the application. These objectives, and my assessment of the application under section 171(1)(c) of the RMA, is contained in section 6 of this Report.
6 Section 47(1)(b) of the LGACA states that AT is approved to undertake an activity or a proposed activity in relation to the Auckland transport system for which AT or Auckland Council has financial responsibility.
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Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
2 Proposed alterations
2.1 As discussed above, a number of issues arose during the Reference Design Stage, which has required alterations to CRL Designations 3 and 6 and KiwiRail’s NAL Designation. These alterations are required to enable the construction, operation and maintenance of the CRL, and the realignment of the NAL tracks. The alterations to each of these designations are described in detail below.
CRL Designation 3 2.2 CRL Designation 3 is a protection “sub-strata” designation that relates to land 5m below the ground, which protects the structural integrity of the two tunnels prior to and following construction of the CRL. This protection designation (identified in pink in Figure 1) acts as a buffer between the surface activities and the sub-strata designation (identified in blue in Figure 1) that provides for the two bored tunnels. Currently, the designation applies above Designation 2 between Mayoral Drive and New North Road, excluding the areas under Karangahape Station and Newton Station.
2.3 AT are seeking to extend this protection beneath Newton Station (noted in the red box in Figure 1) and intend to uplift the Newton Station designation (Designation 5) upon confirmation of this alteration. It is my understanding that this may proceed in the future through a section 182 RMA (uplift) process.
Figure 1: Area subject to this alteration (red)
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CRL Designation 6 2.4 Designation 6 applies to the area between New North Road, Mt Eden Road and Boston Road in the north, and the North Auckland Line in the south, and includes land located on the southern side and adjacent to the North Auckland Line between Normanby Road and Mt Eden Road.
2.5 The works authorised by Designation 6, and the proposed alterations, are described in the table below.
Table 2-1: Summary of alterations to CRL Designation 6
Works provided for in original Proposed Alterations Comment Designation 6
Two (2) x tunnels in the vicinity No change N/A of Nikau, Shaddock, Ruru, Korari, and Flower Streets in Newton;
The movement of NAL tracks and the placement of CRL tracks to facilitate the CRL tracks rising out of the ground between the NAL tracks;
The main construction site area No change N/A for the Project including site offices, delivery and lay down areas, storage of construction materials, stockpiling of spoil, tunnel boring machine launch /assembly, and electrical sub- station (located on land between Porters Avenue and Ngahura Street in the west and Mt Eden Road in the east, and Nikau Street in the north and the NAL to the south)
Grade separation of Porters To remove the requirement of a This alteration is enabled Avenue over the NAL and grade separated vehicle through changes to conditions associated construction works; overbridge at Porters Avenue and will remove the existing with the requirement for a cycle requirement to enable vehicles and footbridge (in other words, to cross the rail lines at Porters
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Mt Eden Station Notice of Requirement Alteration to CRL Designation 3 and 6, and KiwiRail Designation 6300
Works provided for in original Proposed Alterations Comment Designation 6
to remove the requirement to Avenue. provide for vehicle passage across the overbridge);
Grade separation of Normanby To provide for the construction This alteration is enabled Road over the NAL and of alternative access at 32 through proposed changes to associated construction works; Normanby Road from that Condition 30.1. Removes the specified by the CRL Condition necessity to provide a grade- 30.1. separated entrance and replaces this with minor re- grading.
Replacement of the Mt Eden No change N/A Road Bridge to facilitate the additional CRL tracks below and associated construction works;
Provision of a grade separated No change N/A pedestrian bridge over the NAL and CRL tracks in the vicinity of Ngahura Street;
Reinstatement and No change N/A enhancement of the public areas within the designation area following primary construction and works to provide for redevelopment opportunities;
Ancillary activities associated No change N/A with the operational rail network including but not limited to electrification, and railway signalling.
Works within the dripline of the No change No change – enabled through scheduled Flame Tree existing designation
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2.6 Works not provided for in Designation 6 that are subject to this alteration include:
a) the extension of the designation to remove 17 trees from the road reserve at Boston Road, and include 14-22 Boston Road and 11 Water Street within Designation 6
b) the construction of new roads to service the upgraded Mt Eden Station, including extensions to Flower, Korari, Ruru and Nikau Streets and a new bridge at Ruru Street; c) extension of Construction Service Areas (CSA) on Boston Road, Mt Eden Road and in the vicinity of Dominion Road; and d) the construction, operation and maintenance of components of the redeveloped Mt Eden Station which includes a new platform to service the CRL, a plant building and portal headhouse/vent building. 2.7 With respect to (d) above, I note that AT’s Form 18 for the alteration to CRL Designation 6 states that the alteration to Designation 6 provides for the construction, operation and maintenance of the redeveloped Mt Eden Station facility which includes a new platform to service the CRL, a plant building and portal headhouse/vent building. Upon review of the extent of Designation 6 and following discussions with AT regarding the scope of the proposed alteration, the scope of the alteration to CRL Designation 6 has been refined to include the following:
a) a new (open air) platform to service the CRL, a plant building, portal headhouse/vent building; b) amendments to the grade-separated crossing at Porters Avenue to remove the ability for cars to cross; and c) the extension of the designation to include additional areas of road reserve and properties for construction area and to accommodate the alignment of the CRL. 2.8 I have assessed the application on this basis.
2.9 Figure 2 identifies the proposed boundary extensions in orange, against the existing CRL designation in blue.
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Figure 2: Proposed boundary extensions to CRL Designation 6
2.10 The designation does not provide for any other elements of the proposed redevelopment of Mt Eden Station. In my view, and as confirmed by AT,7 the majority of works associated with the redevelopment of the Mt Eden Station are contained within the envelope of the existing NAL Designation.
KiwiRail’s NAL Designation 2.11 The NAL Designation (identified in grey in Figure 3) runs in an east west direction to the CRL Project, and extends from Bell Avenue, Otahuhu to Ross Road, Topuni. The purpose of the NAL Designation is to develop, operate and maintain railways, railway lines, railway infrastructure, and railway premises as defined in the Railways Act 2005. KiwiRail seek to extend the NAL boundary to:
a) accommodate the proposed NAL rail tracks between 4 Haultain Street and 5 Fenton Street which will be relocated to the south to allow the CRL tracks to rise between the NAL;
b) accommodate signal cabinets and ducting to the rail corridor from below the Porters Avenue pedestrian overbridge; c) accommodate the realignment of the rail tracks northwards at the road reserve between 49-51 Boston Road and Severn Street and over sites at 14- 22 Boston Road, 11 Water Street and 26 and 28 Mt Eden Road; d) connect the designation over a “gap” where Normanby Road crosses over the NAL; and e) connect the designation over a “gap” where the NAL crosses over the road reserve of Boston Road, beneath State Highway 1 Newmarket Viaduct.
7 Refer to s 92 Response, dated 27 April 2017.
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2.12 Figure 3 identifies the proposed boundary extensions in orange, against the existing NAL Designation in grey.
Figure 3: Proposed extensions to the NAL Designation
Works outside the scope of the alteration 2.13 As noted above, the application has been given to alter existing designations. As such, it is my view that careful consideration of the scope of the proposed alterations is required as my assessment must be limited to the effects of the alteration only. As noted at section 6.1 of the application, it is important to not traverse effects which have previously been considered as part of the CRL Designation. Having regard to this, in my view, the following activities and associated effects are outside the scope of the proposed alterations, and have not been considered further in this Report:
a) the construction, operation and maintenance of the redeveloped Mt Eden Station (other than the limited elements proposed as part of Designation 6);
b) the removal of the proposed Newton CRL Station (Designation 5); c) any track realignment of the NAL rail line within the boundaries of the existing NAL Designation; and
d) any track realignment of the CRL rail line within the boundaries of the existing CRL designation.
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3 Submissions
Key issues 3.1 The application was publicly notified on 31 January 2017. Seventy-nine (79) submissions were received. Of the submissions received, fifteen (15) were in support, seven (7) were in support subject to amendments, one (1) was neutral subject to amendments, fifty-one (51) were in opposition, three (3) opposed with amendments, and two (2) did not indicate whether they were in support, opposition, or neutral with respect to the project.
3.2 Fifty-four (54) submitters indicated that they wished to be heard. Seventeen (17) submitters did not wish to be heard, and two (2) did not indicate either way.
3.3 A summary of the key issues and concerns raised in the submissions is provided below. These submissions are provided in full in Appendix F.
3.4 Key matters raised in submissions include:
a) whether the works and designation are reasonably necessary for achieving the project objectives; b) the data used in the alternatives assessment for Porters Avenue is out of date, which could have led to the wrong solution being chosen; c) the loss of accessibility due to the removal of the Porters Avenue level crossing (which was provided for in the original designation);
d) business impacts resulting from the closure of Porters Avenue crossing; e) concerns raised with respect to the traffic operational and safety implications at a number of locations;
f) use of historical traffic data in the alternatives assessment at Porters Avenue; g) noise (construction and operational); h) privacy and visual concerns; and
i) temporary effects on community groups as they will be required to seek alternative locations to hold events/activities during the closure of the station (construction).
3.5 The following table provides a summary of the submissions and relevant topics. I note that a summary identifying submitters by topic is also included as Appendix D.
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Table 3-1: Submitters and relevant topics
Topic
Support/
No. Name Oppose/
Neutral
Business)
Visual
Privacy
Parking
Amenity
Settlement
Discharges
Alternatives
Social/Cultural
Traffic/Transport
Noise(Operation)
Impact Impact (
Noise(Construction)
Impact Impact (PropertyValue) Construction Management
1. Anscot Property Ltd. Support
2. NZ Society of Friends Oppose8 X X X X
3. Millar Samson Ltd. Oppose X
4. WiPath Communications Ltd. Oppose X
Auto Trans. Ltd./ Cairns Properties 5. Oppose X Ltd.
6. Sue Atkins Oppose X X
7. Tim Harding Oppose X X X X
House of Knives Ltd. and World of 8. Oppose X X Cutlery Ltd.
9. Christiaan & Mary Robertson Oppose X X X X
Station-R Body Corporate 10. Oppose X X X X Committee
11. Alice Walker Oppose X
12. Sanghun Yeo Oppose X X X X
13. Savoy Trust Not indicated X X
14. Fiona Mackenzie Support
15. Pirmin Patel Oppose X
Support (with 16. Crown Flooring Ltd. X X amendments) Support (with 17. Martin van Zonneveld X X amendments)
18. Matthew Whitehead Support
19. Lydia Whitehead Support
8 In their submission, the NZ Society of Friends indicated that they “Support the Notice of Requirement.” However, based on the content of their submission and their stated objections, I consider that this was incorrectly marked.
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Topic
Support/
No. Name Oppose/
Neutral
Business)
Visual
Privacy
Parking
Amenity
Settlement
Discharges
Alternatives
Social/Cultural
Traffic/Transport
Noise(Operation)
Impact Impact (
Noise(Construction)
Impact Impact (PropertyValue) Construction Management
Support (with 20. John Coker X X amendments) Support (with 21. Cristine Anton X X amendments) Support (with 22. Hose Athie X X amendments)
23. Brett Cunningham Oppose X X
24. Richard Fenner Oppose X X
25. Jacqueline Gadd Oppose X X
26. Kerry Harrison Oppose X X X X
27. Cui Qui Liang Oppose X X
28. Clara Puglia Oppose X X X X
29. John Tucker Oppose X X X X
Support (with 30. Lydia Zonneveld X X amendments) Support (with 31. Claudia Zonneveld X X amendments) Oppose (with 32. Plant Research (NZ) Ltd. X X amendments)
33. Paul and Catherine Sumpter Oppose X
Oppose (with 34. Juan Miguel Mejuto X X amendments)
35. Fenton Peterken Support
Oppose (with 36. Cara Francesco X X amendments)
37. Pauline Williams Support
38. Cindy Peterken Support
39. David Cullen Support
40. Stephen Sutherland Support
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Topic
Support/
No. Name Oppose/
Neutral
Business)
Visual
Privacy
Parking
Amenity
Settlement
Discharges
Alternatives
Social/Cultural
Traffic/Transport
Noise(Operation)
Impact Impact (
Noise(Construction)
Impact Impact (PropertyValue) Construction Management
41. Juliana Netzler Oppose X X X X
42. Katie Fowler Oppose
43. Amanda Judd Oppose X
44. Jaycil Fernandes Oppose X
Graham Wickens & Rachel Mary 45. Oppose X X Judd
46. Cathy Hall Oppose
47. Gijs Kruyt Oppose
48. Graham Judd Oppose X
49. Dr Mark Craig Oppose X X X X
50. Claire Laidlaw Oppose X X X X
51. Brian MacCormack Oppose X X
52. CB Trustees 2012 Ltd. Oppose X X
53. Nettie Cullen Support
54. Quentin Danielo Oppose X X X X
55. Jo Gear Support
56. Anne-Flore Haviez Oppose X X X X
57. Murray Joiner Support
58. David Doughty Oppose X X X
59. Virginia Morey Support
60. Michael Morey Support
61. Martin Burton Oppose X
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Topic
Support/
No. Name Oppose/
Neutral
Business)
Visual
Privacy
Parking
Amenity
Settlement
Discharges
Alternatives
Social/Cultural
Traffic/Transport
Noise(Operation)
Impact Impact (
Noise(Construction)
Impact Impact (PropertyValue) Construction Management
62. Joonseok Park Oppose X X
63. PMR Ltd. Oppose X X
64. Fraser Capel Powrie Oppose X X
65. Qambi Properties Ltd. Oppose X X
66. John Richard Armstrong Rice Oppose X X
67. Gregory Smith Oppose X X
68. Cassandra Smith Oppose X
69. Chris Standing Oppose X X X X
70. Mira Taitz Support
71. Anna Tyrrell Oppose X X
72. Uptown Business Association X X X
73. Vector Neutral
74. Adam Ward Oppose X X X
75. Mission Without Borders Oppose X X X
76. Nicola Younan Oppose X
77. Yuyuan Song Oppose X X
78. Purathany Sasikaran Oppose
79. Barbara Skelton Oppose X
Out of scope matters 3.6 The following matters raised in submissions were determined to be outside the scope of the application:
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a) the potential for surface water flooding and overflows to increase, as a result of runoff from new impervious surfaces;9 b) a number of submissions were received in response to a community led- initiative to remove traffic barriers at Kelly Street and Sylvan Avenue (essentially, submissions in response to submissions);10 c) concerns relating to the potential visual and privacy effects resulting from the proposed footbridge in the vicinity of Porters Avenue;11 and d) concerns relating to the impact on property values.12 3.7 With respect to (a) above, I note that flooding, works within overland flow paths and flood plains as well as stormwater management, will be addressed as part of ATs regional resource consent “Package 2,” which will cover the area from Aotea Station to the NAL (where this alteration is). I note that AT has recently lodged a combined application for regional consents that in part, seeks a discharge permit for the diversion and discharge of stormwater for “Package 1,” which includes the area from Britomart to Wyndham Street.13 As this is a regional consenting matter, the issue raised in (a) is not considered to be relevant as it will be addressed in a future consenting package.
3.8 With respect to (b), I consider that those submissions received – whose content relates solely to the removal of the traffic barriers at Kelly Street and Sylvan Avenue which was proposed by the community-led initiative (and not part of this application) – not to be relevant.14
3.9 With respect to (c), I consider that this issue is beyond the scope of this application as the provision of a grade separated crossing of Porters Avenue has already been considered and provided for through the original CRL Designation 6.
3.10 With respect to (d), I note that impacts on property values are outside the scope of what can be considered through this process. Late submissions 3.11 No late submissions were received.
9 Submission 2 (G. Russell) 10 Submission 14 (F MacKenzie), Submission 18 (M Whitehead), Submission 19 (L Whitehead),Submission 35 (F Peterken), Submmission 37 (P Williams), Submission 38 (C Peterken), Submission 39 (D Cullen), Submission 40 (S Sutherland), Submission 46 (C Hall), Submission 47 (G Kruyt), Submission 53 (N Cullen), Submission 55 (J Gear), Submission 57 (M Joiner), Submission 59 (V Morey), Submission 60 (M Morey), Submission 70 (M Taitz) 11 Submission 25 (J Gadd), Submission 27 (C Liang), Submission 43 (A Judd), Submission 44 (J Fernandes), Submission 45 (G Wickens & R Judd), Submission 48 (G Judd), Submission 51 (B MacCormack) and Submission 77 (Y Song) 12 Submission 13 (P Halford) and Submission 67 (G Smith) 13 Application No. R/LUC/2016/1890, R/REG/2016/1892, R/REG/2016/1895, R/REG/2016/1896, R/REG/2016/1897, R/REG/2016/1898, R/REG/2016/1899, R/REG/2016/1890 & R/REG/2016/2038 14 I note that in some instances, submissions that referenced the community-led initiative contained matters relevant for consideration. These submission were considered by the Reporting Team to be relevant for consideration.
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4 Statutory assessment framework
4.1 A NoR for a designation may only be issued by a requiring authority. Section 166 of the RMA defines a requiring authority as:
a) a Minister of the Crown; or b) a local authority; or c) a network utility operator approved as a requiring authority under section 167.
4.2 As set out in paragraphs 1.31 and 1.33 of this Report, AT and KiwiRail are approved as requiring authorities pursuant to section 167 of the RMA. Section 181 4.3 Section 181(1) of the RMA provides for a requiring authority that is responsible for a designation to, at any time, give notice to a territorial authority of its requirement to alter the designation.
4.4 As noted in section 1.2.1 of Appendix J (Statutory Assessment) to the application, AT consider that section 181(2) of the RMA applies in this case. I concur with this view, and as such sections 168 to 179 of the RMA should apply with all necessary modifications as if the alteration were for a new designation.
Section 171 4.5 When considering a requirement for a designation a territorial authority must have regard to the matters set out in section 171 of the RMA.
4.6 With regards to section 171(1)(a) of the RMA, the planning instrument which is considered relevant in considering the alteration is the AUP, as this contains both the regional policy statement and plan provisions that the application must be assessed against.
4.7 An assessment of these planning instruments is contained in Appendix J of the application, and is discussed further in Section 11 of this Report.
4.8 With regards to section 171(1)(b) of the RMA, a summary of the alternatives considered is contained in section 4, Appendix F (Design and Construction Memorandum) of the application and the MCA provided by AT. A summary of this assessment and my conclusions regarding its adequacy, is discussed further in section 5 of this Report.
4.9 With regards to section 171(1)(c) of the RMA, an assessment of whether the works and designation are reasonably necessary for achieving the project objectives is provided within the accompanying Form 18 and section 7 and Appendix J of the application. This is discussed further in section 6 of this Report.
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4.10 With regards to section 171(1)(d) of the RMA, an assessment of other matters is provided in section 7.2 and 7.3 and Appendix J of the application. This is discussed further in section 12 of this Report.
4.11 Under section 171(2) of the RMA, the territorial authority may recommend to the requiring authority that it:
a) confirm the requirement;
b) modify the requirement; c) impose conditions; or d) withdraw the requirement.
4.12 As outlined at paragraph 1.24 of this Report, a recommendation has been provided as to whether the Environment Court should confirm or decline the application. This recommendation, which is set out in section 15 of this Report, is not the decision on the application. A decision will only be made after the Environment Court has considered the application, the submissions received and heard the applicant and any submitters who join as a party to the proceedings.
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5 Assessment of Alternatives
Statutory requirements 5.1 Pursuant to section 171(1)(b) of the RMA, when considering a NoR and any submissions received the decision maker must, subject to Part 2 of the RMA, have particular regard to whether adequate consideration has been given to alternative sites, routes and methods of undertaking the work if:
a) the requiring authority does not have an interest in the land sufficient for undertaking the work; or b) it is likely that the work will have a significant adverse effect on the environment.
5.2 I note that although an alternatives assessment has been provided for the Porters Avenue level crossing, the application is silent as to whether an alternatives assessment was undertaken in accordance with section 171(1)(b)(i) or (ii). As such, I make the following comments:
a) With respect to (ii), section 6.8 of the application states that the potential adverse effects will be mitigated (in part) through the implementation of the existing CRL Designation conditions, as well as through amendments to these conditions, which will address the traffic effects resulting from the alterations (which are considered by AT to be no more than minor);
b) As the effects associated with the application are not considered to be significant, I do not consider section 171(1)(b)(ii) to be relevant in this instance.
c) With respect to (i), I note that the only area in which AT do not have a sufficient interest in the land is 3 Enfield Street. Table 1 of Appendix L (Drawings) of the application indicates that approximately 0.0045ha of this site will be temporarily occupied during construction works as a CSA. I understand from the application that works at this location will be addressed through a construction lease in the future. At the time of writing this Report, it is not clear whether AT has discussed these works with the owner of 3 Enfield Street, or has secured a construction lease. d) Although AT own the balance of sites and have approval from KiwiRail for works proposed in the NAL Designation, AT do not have interest (by way of construction lease, easement, ownership, etc.) at 3 Enfield Street. As such, I consider that an alternatives assessment is required under section 171(1)(b)(i) of the RMA. 5.3 I note that in their application, AT has provided an assessment of alternatives for the Porters Avenue level crossing, not for the CSA at 3 Enfield Street. With respect to the CSAs, AT state at section 4.4 of the application that an assessment of alternatives for
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CSAs was not considered necessary, as the effects resulting from the extension of these areas was not considered to be significant. Furthermore, AT state that these additional areas for construction are a practical adjustment to the designation boundary, and have only been extended where expanded construction areas were deemed to be necessary through the Reference Design Stage. Notwithstanding this, it is the lack of sufficient interest in this site which triggers the alternatives assessment.
5.4 Whilst I understand that there may be limited options by way of alternative sites for construction activities, it would be helpful if AT could confirm that this is the case and comment on any alternative sites or methods (e.g. do nothing) that may have been considered in the process, or confirm that a construction lease has been secured.
5.5 As stated above, AT has provided an assessment of alternatives for the Porters Avenue level crossing. As AT has sufficient interest in the land, and the potential effects are noted as not being significant, I do not consider that an assessment of alternative sites, routes or methods for the closure of Porters Avenue level crossing to have been necessary in terms of section 171(1). However, I do consider that undertaking this assessment is good practice, particularly given the clear interest by the community regarding the level crossing and its proposed closure. Furthermore, an assessment of alternatives helps to articulate how the requiring authority has reached a determination on a preferred option and in some cases, how adverse effects may have been avoided.
5.6 In light of the above, I have undertaken a consideration as to whether adequate consideration has been given to alternative sites, routes or methods for undertaking the work. My approach is discussed below. Alternatives Considered 5.7 Section 4 and Appendix F of the application provides a summary of the alternatives assessment undertaken. In summary:
a) A MCA of alternative means for the provision of vehicle, pedestrian and cycle access over the rail corridor at the Porters Avenue level crossing was undertaken. Seven options were considered against the criteria used to support the CRL Designation, and specific level crossing evaluation criteria, which included strategic, traffic, environmental and social, and economic factors.15 This assessment concluded that the preferred option would be the closure of Porters Avenue to vehicle movements, and the provision of a footbridge allowing pedestrian and cycle movements across the NAL and CRL lines between Porters Avenue and Wynyard Road. As noted above, in response to submissions received relating to the proposed closure of Porters Avenue, AT provided further details (in addition to the details provided with the application) of the MCA that was carried out for the crossing on 10 March 2017;
15 Refer to Appendix A, of Appendix F (Design Report) to the application.
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b) With respect to the Mt Eden Station upgrade, the application notes that an assessment of alternatives was not necessary as the potential effects from the works within Designation 6 were not considered to be significant, and the works will be undertaken on land owned by AT; c) An alternatives assessment for the CSAs was not considered necessary, given the need for the location of these areas immediately adjacent to construction activities and the existing designation, and the effects resulting from the extension of these areas was not considered to be significant;16 d) The changes to the level crossing resulting from further assessments by AT have resulted to changes to access at 32 Normanby Road; these being that the site access modification on this site (as provided for in the CRL designation) are no longer required. The application states that the potential adverse effects are effectively less than what was confirmed in the CRL Designation; and e) No assessment of alternatives was considered necessary for the NAL extension, as the works would not have a significant adverse effects on the environment, and AT (who are the requiring authority responsible for the land which the NAL is to be extended) are in support of the proposed extension. Issues raised by submitters 5.8 A number of issues relating to the alternatives assessment were raised in submissions. These included:
a) data used in the alternatives assessment is out of date, which could have led to the wrong solution being chosen;17 and b) submitters identified (in their view) preferred alternative options.18 Adequacy of assessment
5.9 I note that in response to submissions received concerning the alternatives assessment provided in the AEE for the application, AT provided further information which included a MCA Report that had been completed for the Porters Avenue Crossing.19
5.10 In forming a view as to whether adequate consideration has been given to alternative sites, routes or methods of undertaking the work, I have considered whether the process of identifying and considering alternatives by the Requiring Authority was adequately
16 Please note my comments in paragraphs 5.1 to 5.6 above. 17 Submission 7 (T Harding), Submission 9 (C & M Robertson), Submission 10 (Station-R Body Corporate Committee), Submission 12 (S Yeo), Submission 15 (P Patel), Submission 26 (K Harrison), Submission 28 (C Puglia), Submission 41 (J Netzler), Submission 49 (M Craig), Submission 50 (C Laidlaw), Submission 52 (CB Trustees), Submission 54 (Q Danielo), Submission 56 (A Haviez), Submission 61 (M Burton); Submission 69 (C Standing), Submission 75 (A Wilks). 18 Submission 23 (B Cunningham), Submission 24 (R Fenner). 19 Refer to Porters Avenue Level Crossing: Multi-criteria Analysis (Auckland Transport, December 2015) attached as Appendix B to this Report.
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transparent and business-like and not arbitrary, and proportional to the potential effects of the alternatives considered. It is my understanding that when considering an assessment:
a) the focus should be on the process undertaken, not the outcome; b) the policy function of determining a preferred alternative lies with the requiring authority; and
c) there is no obligation on the requiring authority to consider every alternative, but rather a suitable and refined selection of most relevant alternatives (relative to the scale of the project).
5.11 Having regard to the above, I consider that the following principles should be adopted when considering the adequacy of the consideration of alternatives required under section 171(1)(b) of the RMA:
a) has the process been adequately transparent and robust; b) has an appropriate range of alternatives been considered; and c) has the extent of consideration (including the matters identified as a) and b) above) been proportional to the potential effects of the scenarios being considered.
Scope of Alternatives Assessment 5.12 Section 7.1 of the application sets out the tests regarding the necessity to consider alternatives noting that an assessment is required where the requiring authority does not have sufficient interest in the land or where it is likely that significant adverse effects will arise. According to the land requirement plan, there is a single property affected by the project that AT does not have sufficient interest in (being 3 Enfield Street). AT note that a construction lease will be sought20 for works in this location. All other extended CSAs are located on land which AT has financial responsibility for. Notwithstanding this, and as discussed above, I consider that an assessment of alternatives to be required as AT do not yet have interest in the land at 3 Enfield Street.
5.13 As noted above, the consideration of alternatives assessment provided by AT largely focusses on options for the Porters Avenue crossing.
Has the process been adequately transparent and robust? 5.14 As per the MCA Report, in considering alternative options for the Porters Avenue crossing, AT have:
a) identified a range of alternatives to consider (discussed further below);
20 The terms and arrangements of a construction lease are not specified in the Mt Eden Station NoR.
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b) identified and adopted a multi-criteria analysis tool to consider the alternatives; c) identified and utilised a range of criteria (environmental and social, strategic, traffic, and economic criteria) and weighting to assess the options against; d) undertaken a multi-disciplined assessment of the alternative options against the identified criteria;
e) applied a weighting to the criteria; and f) identified a preferred option (Option C1). 5.15 I consider the above to be an appropriate approach to the consideration of alternative options having regard to the potential effects of the options being considered. Having reviewed the MCA Report and the material provided with the application, in my view, the consideration of alternative options has been adequately robust and transparent.
Has an appropriate range of alternatives been considered? 5.16 As summarised at section 4 of the application, AT have identified a number of options for the Porters Avenue crossing namely:
a) road bridge over a lower rail alignment (Option A);
b) road bridge over a rail alignment with various road alignments (Options B1 and B2); c) the closure of Porters Avenue to pedestrians and road traffic movements (Option C1); d) the closure of Porters Avenue to road traffic movements and provision of a footbridge allowing pedestrian and cycle movements across the NAL and CRL lines between Porters Avenue and Wynyard Road (Option C2); e) closure of Porters Avenue to road traffic movements and provision of a road connection between the eastern end of Fenton Street to Akiraho Street (Option C3); and f) closure of Porters Avenue to road traffic movements and provision of a road connection between the eastern end of Fenton Street to Akiraho Street in addition to a footbridge allowing pedestrian and cycle movements across the NAL and CRL lines between Porters Avenue and Wynyard Road (Option C4). 5.17 To summarise AT’s assessment, AT has considered:
a) retaining what is currently provided for through the designation; b) closing Porters Avenue to all movements; c) closing Porters Avenue to vehicle movements only; and
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d) closing Porters Avenue to vehicle movements only and providing alternative vehicle crossings in other locations.
5.18 In my opinion, I consider that AT have considered an appropriate range of alternatives having regard to the limitations placed on viable alternatives resulting from the proposed rail line realignment. It is noted that one submitter21 has raised an alternative option as a preferred option being to lower the railway into the trench to maintain a bridge over the rail lines. As discussed above and at Page 2 of the MCA,22 design alignment optimisation has raised the level of the western links such that the road over rail bridge at Porters Avenue cannot achieve the required clearances and maintain a code compliant road geometry for its tie in with New North Road to the north and within the designation to the south.
5.19 Another submitter23 considers that further options, which do not involve the permanent closure of the crossing, should be considered. As noted above, having regard to the potential adverse effects of the options being considered, I consider that AT have considered an appropriate range of alternatives.
Conclusion 5.20 I consider that adequate consideration has been given to alternative methods in the context of the requirements of section 171 of the RMA.
21 Submitter 23 (B Cunningham) 22 Attached as Appendix B to this Report 23 Submitter 24 (R Fenner)
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6 Reasonable Necessity of Project for achieving Objectives
Statutory requirements 6.1 Pursuant to section 171(1)(c) of the RMA, the Reporting Officer must have particular regard to whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought. It must therefore be determined whether both the work and the designation are reasonably necessary for achieving AT and KiwiRail's project objectives.
6.2 The RMA does not provide measurable performance standards, and furthermore there is no threshold for this assessment.24 However, the Environment Court has described the “reasonably necessary” test as follows:
the reasonably necessary test is an objective, but qualified on where necessary falls between expedient or desirable on the one hand and essential on the other, and the epithet “reasonably” qualifies it to allow some tolerance.25 6.3 It is also well settled that the RMA neither requires nor allows the merits of the objectives themselves to be judged by the decision maker. Rather, it is required to have particular regard to whether the work and designation is reasonably necessary for achieving them. Project Objectives and Assessment by Requiring Authority
Designations 3 and 6 6.4 AT considers that the project forms an integral part of the wider CRL project and as such, AT has adopted the wider CRL objectives for this Project.26 These are listed in the table below:
Table 6-1: Project Objectives (CRL Designation 3 and 6)
CRL Objective Provision
Improve transport access into and around the city centre for a rapidly growing 1 Auckland (a) Future proof for expected growth
24 BOI Final Report and Decision into the NZTA Waterview Connection Proposal, paragraph [1064] 25 Gavin Wallace Ltd v Auckland Council [2012] NZEnvC 120 Paragraph [183] 26 Section 1.2.3 of the Mt Eden Station NoRs, page 11
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CRL Objective Provision
Improve the efficiency and resilience of the transport network of urban Auckland
(a) Improve journey time, frequency and reliability of all transport modes 2 (b) Maximise the benefits of existing and proposed investment in transport
(c) Release the rail capacity constraint at Britomart
Significantly contribute to lifting and shaping Auckland's economic growth
(a) Support economic development opportunities 3 (b) Provide the greatest amount of benefit for cost
(c) Enable a more productive and efficient city
Provide a sustainable transport solution that minimises environmental impacts
4 (a) Limit visual, air quality and noise effects
(b) Contribute to the country's carbon emission targets
Contribute positively to a liveable, vibrant and safe city
(a) Enhance the attractiveness of the city as a place to live, work and visit 5 (b) Protect our cultural and historic heritage for future generations
(c) Help safeguard the city and community against rising transport costs
6.5 In Section 7.1 of the application, AT provides comments as to how the works and alteration to the designation are reasonably necessary to achieve the above objectives. This is discussed further in the section 92 Response provided by AT on 27 April 2017. To summarise, AT states that the proposed works and alterations to the existing CRL and NAL designations will contribute towards the wider CRL project and will subsequently contribute towards the CRL project (as a whole) achieving those objectives.
6.6 I provide my assessment on this at paragraphs 6.13 - 6.20 below.
NAL Project Objectives 6.7 Section 1.3.1 of the application provides an overview of KiwiRail’s business objectives, drawing from KiwiRail’s Statement of Corporate Intent. These are as follows:
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a) sustaining zero harm environment; b) improving our financial position; c) engaging our customers;
d) delivering portfolio performance; e) empowering our people, and; f) key investment outcomes.
6.8 I note that no specific project objectives were identified for the NAL alteration in the application but have been refined through the section 92 process.
6.9 Section 7 of the application and section 8 of Form 18 state that the works are reasonably necessary for achieving the objectives of KiwiRail (noted as (a) to (f) above) which underpin the NAL Designation because they:
a) protect the existing NAL alignment through extension of the designation to cover the existing NAL alignment; and b) enable the construction of a modified NAL rail alignment to facilitate the construction of the AT City Rail Link.
6.10 I provide further comments on these objectives at paragraphs 6.21 - 6.23 below. Issues raised by submitters 6.11 One submission was received on the alteration to the CRL Designation, having made comment on the inability of the works to meet the project objectives.27
Assessment 6.12 Section 171(1)(c) of the RMA directs the territorial authority to consider whether the designation and works are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought. It is my understanding that in the context of section 171(1)(c) of the RMA, "reasonably necessary" means something less than essential. In other words, somewhere between expedient or desirable on one hand and essential on the other.
CRL Project Objectives 6.13 As noted above, AT has adopted the wider CRL project objectives for the proposed alterations to CRL Designation 3 and 6. Section 7.1 of the application provides an assessment of how the alteration to the designation and works are reasonably necessary for achieving these stated objectives.
27 Submission 65 (Qambi Properties Ltd.)
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6.14 Further comments on the CRL project objectives is also provided in AT’s section 92 response, dated 27 April 2017.
6.15 Generally, I concur with AT’s approach to considering the reasonable necessity of the NoRs and works. The proposed alterations will enable AT to address the issues raised during the CRL Reference Design stage, and the works included in the alteration will contribute to the CRL project as a whole.
6.16 Notwithstanding this, Council requested further information as to how the project will meet Objective 2(a), as it was unclear how the works to close the vehicle crossing at Porter’s Avenue were reasonably necessary to achieve this particular objective, which relates to improving efficiency and resilience of all transport modes. This is in part due to the submission received relating to the ability of the project to achieve the stated objectives, and the fact that the closure of the Porters Avenue level crossing – which will remove the ability of vehicles to cross at this location – will not be an improvement for “all transport modes” as stated in the objective.
6.17 In their response, AT note that when considering this objective, it needs to be read alongside Objectives 2(b) and 2(c), not in isolation, stating that 2(a) is part of a wider objective of improving the efficiency and resilience of the transport network.28 That is, the project objectives should be considered at a macro, not a micro level, as the alteration will improve the future operational frequency and reliability of rail services through achieving grade separation of the CRL lines at the East West facing connection, and maintain the current level of pedestrian and cycle accessibility provided for under the existing CRL Designation. AT note that this in turn, will maximise the benefits of existing and proposed investment in transport, and by enabling the CRL to be constructed and operated as proposed will release the rail capacity constraints at Britomart.
6.18 In summary, AT consider that the work envisaged by the application will enable the CRL to be delivered, and these works are reasonably necessary for achieving the CRL objectives.
6.19 I have considered AT’s response in the context of section 171(1)(c) of the RMA. I note that whilst at a micro level, the alteration will not see an improvement for private vehicles as a result of the closure of the Porters Avenue level crossing, the alteration is necessary to achieve the wider CRL project objectives at a macro level, and that this alteration is necessary to deliver the broader project objectives and regional transport benefits.
6.20 Based on this, I consider:
a) the works to be reasonably necessary for achieving the project objectives; and
28 Refer to s 92 Response, dated 27 April 2017
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b) as the main CRL works have been confirmed by way of designation, that the alteration to the designation is reasonably necessary for achieving the wider CRL project objectives.
NAL Project Objectives 6.21 In their request dated 18 April 2017, Council sought further clarification from KiwiRail around its project objectives, and requested a more detailed assessment of how the works and designation are reasonably necessary for achieving those and the objectives identified in the application as KiwiRail’s business objectives. For the sake of clarity, KiwiRail’s response is provided below:
At a high level, the project objectives for this alteration are part of KiwiRail’s overall objectives to operate, maintain, renew and upgrade the rail network, while improving safety on the road network and contributing to sustainability through providing an alternative to road transport. In addition to the corporate objectives at section 1.3.1 of the AEE, the project objective for this alteration to the NAL designation are detailed as part of the continued provision of safe access to the Auckland metropolitan rail network in section 1.3.2,29 the first sentence of the reasons for the alteration in section 1.3.4,30 and, pivotally, the first sentence of section 2.4 of the AEE, which provides: “To facilitate the tie in of the CRL rail lines with the existing KiwiRail NAL alignment”, in a sequenced and safe manner to ensure both the safe and efficient operation of the network, and the construction of key works to implement the CRL.
However, and for the avoidance of doubt, KiwiRail has provided a consolidated set of project objectives for this alteration to the NAL below: a) To facilitate the safe and efficient integration of the NAL and CRL networks, and more broadly passenger and freight transport services within the region; b) To give effect to the Auckland Network Access Agreement with AT to enable AT’s contracted rail operator to operate passenger rail services; c) to improve safety and reduce trespass issues within the corridor, and; d) to ensure network resilience is improved where possible.
29 Section 1.3.2 (p. 15) of the AEE to the Mt Eden Station NoR states: “The Auckland Network Access Agreement (ANAA) between AT and KiwiRail came into effect on 1 July 2012. The ANAA replaced the interim rail access arrangements which were put in place in 2004 with the commencement of passenger operations by Connex. The ANAA provides for access to the Auckland metro rail network (Huapai to Pukekohe) to enable AT’s contracted rail operator to operate passenger rail services.” 30 The first sentence of section 1.3.4 (p. 16) of the AEE to the Mt Eden Station NoR states: The NoR seeks to alter NAL, for the following reasons: To extend the NAL boundary to provide for the ongoing operation and maintenance of the realigned NAL track alignment, enabling the construction of the CRL tracks in between the NAL alignment and achieving a minimum 4.0m clearance between the centreline of each alignment and provide for rail signal infrastructure, at the following locations: Road reserve between 8 Haultain Street and 5-7 Fenton Street; Road reserve in Porters Ave; Road reserve between 49-51 Boston Road and east of Severn Road; 14-22 Boston Road; 11 Water Street; and 26 and 28 Mt Eden Road.
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6.22 At the time of preparing this Report, while the refined and consolidated objectives have been provided, no further comment or assessment as to how the works are reasonably necessary for achieving these new objectives has been received by Council. Notwithstanding this, my preliminary view is that the works are necessary to achieve these objectives because, as outlined in section 7 of the application, the works will:
a) protect the existing NAL alignment through extension of the existing designation to cover the existing NAL alignment; and b) enable the construction of a modified NAL rail alignment to facilitate the construction of the CRL.
6.23 It would be helpful if KiwiRail could provide an updated assessment of how the works and alteration to the designation are reasonably necessary for achieving these new consolidated project objectives, in accordance with section 171(1)(c) of the RMA, as requested by Council.
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7 Assessment of Effects
Existing Environment 7.1 I consider that any consideration of potential effects on the environment must be limited to effects generated by the proposed alteration; not effects that are or could be reasonably generated by works enabled through the existing designation.31
7.2 The existing environment is described in section 1.2.6 and 1.3.3 of the application. I concur with the existing environment as described.
7.3 I note that CRL Designation (to which this alteration relates) was confirmed by the Environment Court on 10 November 2015. As such, the CRL Designation is now deemed to form part of what is considered the existing environment, and informs the baseline upon which the effects of the alteration will be assessed from a statutory perspective. I also note that the NAL Designation also forms part of the existing environment.
Auckland Transport’s approach to managing adverse effects 7.4 AT proposes to alter existing Designation 3 and 6 conditions to avoid, remedy or mitigate the adverse effects of the works associated with the alteration as necessary. These proposed changes are summarised in section 9 of the application, and are discussed in section 13 of this Report. Approach to assessment 7.5 The approach I have followed in assessing the effects of the alteration and the works and activities it provides for is topic based, e.g. effects resulting from noise and vibration generating activities etc.
7.6 Further, the approach adopted in undertaking this assessment of these topics is to:
a) provide an overall assessment of the potential effects of the alteration; b) summarise the assessment made by the requiring authority; c) summarise any relevant issues raised by submitters in relation to the effect and any relief sought; d) identify any relevant provisions of the AUP that could provide guidance in assessing the effect;
e) assess the effects taking into account the information identified above and other relevant matters;
31 See also section 2.13 of this Report
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f) where necessary suggest amendments to the proposed conditions; and g) identify areas where AT or submitters need to provide more information by way of evidence on effects and mitigation in order for us to be able to form an opinion on the significance of effects and the effectiveness of the mitigation proposed. Positive effects 7.7 Section 6.2 of the application notes that once constructed and operational, the altered designations will provide or contribute to a number of positive effects. With exception of the positive effects associated with the removal of the Newton Station which is out of the scope of this application,32 I acknowledge the positive effects relating to the alteration/project, and do not repeat them here. For the sake of clarity, I do not consider it to be relevant to rely on the positive effects associated with the removal of the Newton Station since the removal of the station is not included as part of this application, and has not formally been applied for or considered through a statutory process.
32 Refer to s 92 Response dated 27 April 2017 where this matter (scope) is discussed
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8 Mana Whenua Values
Introduction 8.1 The following assessment is primarily informed by:
a) Sections 5.7 and 6.3 of the application; and
b) Appendix K (Mana Whenua Correspondence and Minutes) to the application. Relevant plan provisions 8.2 The following provisions are considered to be relevant to the assessment of this effect:
Auckland Unitary Plan (Operative in Part) 8.3 The AUP contains a number of provisions that seek to recognise that the principles of the Treaty of Waitangi/Te Tiriti o Waitangi, and protect Mana Whenua culture, landscapes and historic heritage.33
Relevant submissions 8.4 There were no issues raised by the submitters relating to Mana Whenua values. Auckland Transport’s assessment 8.5 Section 5.7 of the application outlines the engagement and consultation AT has undertaken with the CRL Mana Whenua Forum,34 which has included a site walkover and a presentation on the proposed alteration. AT note that the Mana Whenua Forum were generally comfortable with the proposed alteration.
8.6 AT note that whilst no update on Mana Whenua values associated with the proposed alteration was sought, ongoing and regular feedback through the forum has been sought, and no new effects were identified that would require the insertion of conditions or alteration to the existing CRL Designation Conditions that relate to Mana Whenua. AT note that urban design Conditions 47-50 seek to guide the design and integration of the CRL into the surrounding environment, and Conditions 47 and 49 expressly seek Mana Whenua involvement in the design process.
8.7 AT conclude that based on the feedback received, and the application of the CRL Designation conditions, the opportunity exists to involve Mana Whenua in the development of the project works as design and construction progresses and address any issues arising from this engagement.
33 Objectives B6.2.1(1), B6.2.1(2), B6.3.1(1), B6.5.1(1), B6.5.1(2) and policies B6.2.2(1), B6.3.2(1), B6.3.2(3), B6.3.2(4), B6.3.2(6), B6.5.2(1) to (6) 34 The CRL Mana Whenua Forum was established under Condition 8 of the CRL designation in order to provide an ongoing role in the design and construction of the CRL Project.
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Assessment and Conclusions 8.8 Based on the information provided, I consider the continuation of the Mana Whenua forum, and the implementation of conditions (specifically Conditions 8, and 47 to 50) will enable Mana Whenua involvement in the development of the project and the ability to implement measures which will address potential issues of concern. As such, I consider potential effects on Mana Whenua values associated with the project can be appropriately addressed through AT’s proposed conditions, and the continued engagement of the Mana Whenua Forum.
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9 Transportation
Introduction 9.1 The following assessment is primarily informed by:
a) Section 6.4 (Transportation) of the application;
b) Appendix G (Integrated Transport Assessment) of the application; c) Section 92 Response, dated 17 February 2017; and d) Section 92 response, dated 27 April 2017. Relevant plan provisions 9.2 The AUP contains provisions that seek to manage adverse effects of infrastructure35 whilst:
a) improving and providing for a more effective, resilient, safe and efficient public transport system;36 b) recognising the benefits and operational requirements of infrastructure;37 and
c) integrating the provision of infrastructure with urban growth.38
Relevant submissions 9.3 Submissions received on the alteration have made the following comments on transportation matters associated with the Project:
a) To limit the impact to connecting intersections and mitigate the effects of the closure of Porters Avenue, submitters have suggested the following mitigation:
b) The existing traffic barriers at Edenvale Crescent / Kelly Street and Sylvan Avenue East / Sylvan Avenue West should be removed; c) Kelly Street and Sylvan Avenue should become one-way streets;39
d) Impacts on residents and businesses resulting from the removal of parking on Fenton Street and the surrounding area;40
35 Objectives B3.2.1(3) and B3.2.1(8); Policies B3.2.2(6), B3.2.2(8) and B3.3.2(7). 36 Objective B3.2.1(1) and B3.3.1(1); Policies B3.2.2(1), B3.2.2(7) and B3.3.2(1). 37 Objective B3.2.1(2) and B3.2.1(4). 38 Objective B3.2.1(5), B3.3.1(1); Policy B3.3.2(4), B3.3.2(5) (this last is subject to appeal). 39 Submission 16 (R Kerkmeester), Submission 17 (M van Zonneveld), Submission 20 (J Coker), Submission 21 (C Anton), Submission 22 (H Athie), Submission 30 (L Zonneveld), Submission 31 (C Zonneveld), Submission 32 (J Zonneveld), Submission 34 (J Mejuto), Submission 36 (C Francesco) and Submission 71 (A Tyrrell).
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e) Increased journey time for residents and congestion on surrounding road network; and41 f) Concerns over reduced/limited access for large trucks (large b trucks) getting to businesses.42 Auckland Transport’s assessment and proposed mitigation 9.4 Section 6.4 of the application provides a discussion of the potential temporary and permanent transport effects. This is summarised below.
Temporary Effects and Proposed Mitigation 9.5 The following temporary transport effects have been identified in section 6.4.2 of the application:
a) Active traffic lanes on Boston Road will be narrowed and shifted north, to provide the area required for construction support. This will require the removal of approximately 50 parking spaces, and reduce the carrying capacity of the road as traffic will need to proceed slowly. Construction traffic may also use Boston Road; b) The pedestrian footpaths on the southern side of Boston Road will be removed, to provide the area required for construction support;
c) Restricted turn movements for construction vehicles existing at 14-22 Boston Road onto Mt Eden Road may be required; and d) Potential increased traffic movement through Porters Avenue, which will increase traffic numbers passing through a high risk intersection and local residential streets. 9.6 A range of mitigation measures are proposed to manage the adverse effects identified above, including:
a) Addition to Condition 30.1, restricting access to Water Street to, and from, Mt Eden Road for CRL construction traffic;
b) Addition to Condition 30.1 restricting access to 14-22 Boston Road from Normanby Road to “left-in/left-out” movements;
40 Submission 7 (T Harding), Submission 9 (C & M Robertson), Submission 10 (Station-R Body Corporate Committee), Submission 12 (S Yeo), Submission 26 (K Harrison), Submission 28 (C Puglia), Submission 29 (J Tucker), Submission 41 (J Netzler), Submission 49 (M Craig), Submission 50 (C Laidlaw), Submission 54 (Q Danielo), Submission 56 (A Haviez) and Submission 69 (C Standing). 41 Submission 7 (T Harding), Submission 9 (C & M Robertson), Submission 10 (Station-R Body Corporate Committee), Submission 11 (A Walker), Submission 12 (S Yeo), Submission 23 (B Cunningham), Submission 24 (R Fenner), Submission 26 (K Harrison), Submission 28 (C Puglia), Submission 29 (J Tucker), Submission 33 (P & C Sumpter), Submission 41 (J Netzler), Submission 49 (M Craig), Submission 50 (C Laidlaw), Submission 54 (Q Danielo), Submission 56 (A Haviez) and Submission 69 (C Standing). 42 Submission 13 (P Halford).
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c) Addition to Condition 30.1 requiring the provision of a 1.8m wide footpath on the north side of Boston Road and maintenance of two-3.0m wide traffic lanes;
d) Removal of Condition 30.2(d) referring to the grade separation of Porters Avenue; and e) Removal of the reference to Porters Avenue from Condition 30.2(f).
Permanent Effects and Proposed Mitigation 9.7 The following permanent transport effects have been identified in section 6.4.1 of the application:
a) A possible increase in traffic passing through the Wynyard Street/View Road intersection, and the redistribution of traffic into the surrounding local network as a result of the closure of Porters Avenue; b) A reduced level of service to pedestrians at existing mid-block crossings, resulting from an increase in pedestrian usage of the upgraded Mt Eden Station; c) Additional traffic on Ruru Street, resulting from a new connection to Mt Eden Road; d) Improved outcome (and thus a reduction in effects) at 32 Normanby Road, resulting from a change in design to the access which no longer requires a vehicle ramp; e) The redirection of access to 14-22 Normanby Road via Water Street, as a result of the location of the Normanby Road overbridge;
f) A slowing of traffic speeds on Fenton Street, as a result of the need to reduce the width of the road; and g) Re-grading of the vehicle crossings at 49-51, 53, 55, 65 and 67 Boston Road to tie into the new road level. 9.8 Mitigation measures for the above include:
a) Seeking to optimise pedestrian safety and access when designing the road layout at Mt Eden Station; and b) Management measures (such as narrowing of the carriageway, indented parking, landscaping, raised tables at pedestrian crossings and wide footpaths) at Ruru Street.
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Assessment 9.9 Mr Gavin O’Connor, Principal Transport Planner at MWH, now part of Stantec, has undertaken a review of the relevant project documentation on behalf of the Council. Mr O’Connor’s memo, which details his assessment and recommendations, is attached as Appendix G to this Report. The key points from his assessment are summarised below.
Temporary Transportation Effects 9.10 With respect to the temporary transportation effects identified in the application, Mr O’Connor:
a) supports the provisions of a 1.8m wide footpath and a 3m wide traffic lane along Boston Road during construction, as these will retain sufficient capacity to accommodate demand without creating additional congestion; b) notes that whilst no mitigation is proposed for the temporary removal of car parking spaces between Normanby and Khyber Pass roads, road users will be required to find parking in nearby neighbourhoods and streets. The fact that users will be searching for parking spaces can create additional pressure on the road network. Mr O’Connor notes that this is considered reasonable, and agrees that no mitigation is necessary in this instance; and c) states that the whilst the CSA on Boston Road will result in the displacement of construction trucks from the main CRL construction staging area, it is no different from the number of truck movements assessed within the original designation for this area. 9.11 In summary, Mr O’Connor concurs with AT that the temporary effects of the alteration to the designation will be no more than minor. This is based on the information and modelling data that has been provided in the application.
Permanent Transportation Effects 9.12 With respect to the permanent transportation effects identified in the application, Mr O’Connor:
a) concurs with the assessment that the closure of the Porters Avenue level crossing will result in positive road safety effects;
b) agrees that the alteration will have a less than minor effects on access to the properties at Normanby and Boston roads; c) states that he agrees with AT's assessments for the following elements of works, based on the current assessment which utilises data from 2013/14: o the closure of the Porters Avenue level crossing, and the subsequent relocation of traffic to Dominion and Mt Eden roads;
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o the reconfiguration of Haultain and Fenton streets to a “T” intersection, and subsequent reduction in road widths; and o the area south of the level crossing, where users will be required to choose alternative routes, resulting in increased turning movements at the Horopito Road and Dominion Road intersections, and the Esplanade Road and Mt Eden Road intersection. This may also displace traffic onto adjacent residential streets. Although Mr O’Connor agrees with the assessment provided in the application, he notes that the Flow data used in the assessment draws on survey data collected in 2013 and 2014. As the area has experienced an increase in development and intensification, this data may not reflect the existing traffic volumes. This was a point raised in a number of submissions.
Mr O’Connor recommends that additional data be collected to confirm whether or not the 2013/14 data is sufficiently robust to use as a basis for assessment. I note that AT has indicated that they will provide up-to-date data to understand the potential effects associated with the closure, and that this information will be sent to Council upon completion.43 Notwithstanding the above, Mr O’Connor notes in his report that he agrees with the current assessment undertaken by Flow, in that the transportation effects relating to the proposed changes to the designation are likely to be relatively minor. This conclusion is founded on the data collected in 2013/14. Mr O’Connor goes on to state that additional mitigation may be warranted if the new data provided by AT shows a significant increase in traffic volumes as a result of the removal of the Porters Avenue level crossing.
d) Further amendments to include provision for monitoring in the changes to traffic movements during and post-construction within Designation 6. To address this, Mr O’Connor suggests that Condition 26 could be expanded to include bi-annual surveys of turning movements during and for two years post construction at the following intersections: (i) View Road / Dominion Road;
(ii) Horopito Road / Dominion Road; (iii) Esplanade Road / Mount Eden Road; (iv) Ruru Street / New North Road; and
(v) Ruru Street / Mount Eden Road.
43 Refer to s 92 Response, dated 27 April 2017.
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These recommendations were also included in the ITA, attached as Appendix G to the application. With respect to (d) above, I note that updated information from AT is forthcoming, in respect to the transport movements in this area. As noted in Mr O’Connor’s report, should it be demonstrated that traffic has increased significantly, additional analysis and potentially additional mitigation measures may be warranted at these intersections. Should the new information demonstrate no substantial increase in traffic, I consider that additional mitigation may not be necessary (subject to having the opportunity to review the additional information).
Issues raised in submissions 9.13 Mr O’Connor has also undertaken a review of the issues raised in the submissions. His full assessment, been broken down into subject matter, is attached as Appendix G to this Report, and is summarised in the table below.
Table 9-1: Transportation issues raised in submissions
Issue raised in Comment submissions
Many of these submitters raise similar points that the data used to inform the analysis is outdated and there has been significant intensification of residential development since 2013/14. The submitters believe that there has been a significant increase in local traffic in recent years and therefore the impact of closing the Porters Avenue level crossing may be greater than reported in the ITA. Mr O’Connor’s recommendation to verify the data used by collecting more recent traffic flow data will address this concern. Should the new data show a significant increase in traffic when compared against the data used to undertake the analysis, additional assessments and mitigation may be required.
Loss of Accessibility With respect to the submitter’s proposal for a new road between Dominion Road due to Porters Avenue and New North Road, Mr O’Connor notes that unless additional data collected Level Crossing Closure shows that there has been a significant increase in traffic since the 2013/14 survey, he does not believe a new road connection is warranted.
With respect to the submitters proposal for a signal at Esplanade Road and Mt Eden Road, Mr O’Connor notes that the Esplanade Road/Mount Eden Road intersection is going to become the main access route to Mount Eden Road from the area as the View Road intersection permits left turn movements only. Therefore, an increase in turning movements should be expected. Notwithstanding this, based on the analysis in the ITA, the additional turning movements will be relatively small and it is therefore unlikely that signalisation will be warranted.
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Issue raised in Comment submissions
With respect to the submitter’s proposal for a signal at Horopito Street and Dominion Road, Mr O’Connor notes that although this intersection is the closest connection to Dominion Road, the connection via Brentwood Avenue is circuitous and not suited to large traffic volumes due to the limited stacking capacity on Horopito Street. As such, Mr O’Connor does not recommended that the use of this intersection is encouraged through signalisation.
With respect to the closure of the Porters Avenue level crossing, Mr O’Connor notes that the analysis in the ITA demonstrates that the traffic currently using the Porters Avenue level crossing can be accommodated on the surrounding road network, with the caveat that should the additional data collected show a significant increase in traffic since the 2013/14 survey, further assessments may be required to understand the implications.
Some submitters have suggested that the currently severed links on Edenvale Crescent and Sylvan Avenue could be reconnected to provide improved access to Mount Eden Road. Providing improved access to Mount Eden Road would be Link Edenvale Crescent beneficial, however these links have very constrained road geometries and / Kelly St and Sylvan operate as quiet residential streets rather than through links. Avenue East / Sylvan Mr O’Connor support the recommendation by Flow that a connection between Avenue West. Fenton Street and Akiraho Street be investigated further. With respect to Sylvan Avenue (and Kelly Streets), Mr O’Connor notes that based on the data provided, he does not believe these measures are required to mitigate the impact of the project.
Mr O’Connor notes that the effect of the changes to the designation on Fenton Street will be a localised reduction in road carriageway width, which is to be mitigated by treating the roadway as a raised table with the carriageway flush Pedestrianisation of with the footpath and the space available for shared use. Therefore, it won’t be a Fenton Street pedestrianised street, but the intention is that traffic speeds will be slowed to approximately walking speeds.
No further comment is provided.
Mr O’Connor notes that the change in designation ITA does not specifically Reduction in On-Street reference any change in parking provision along Fenton Street, Haultain Street Parking or Wynyard Street.
Use of Historical Traffic Mr O’Connor supports these concerns and my recommendation to undertake Data additional data collection should address this concern. Should this data collection demonstrate a significant increase in demand since 2013/14, he notes
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Issue raised in Comment submissions
that additional mitigation may be required.
Mr O’Connor has made the following comments with respect to the necessity for the Porters Avenue overbridge:
The Technical Note provides the following comment [Flow, 2015a]:
“Should only one pedestrian facility be provided across the NAL in this area (i.e. at Ngahura Street), this will concentrate pedestrian trips to and from New North Road to this single location. This consolidation of pedestrian trips may warrant a new signalised pedestrian crossing facility on New North Road at Ngahura Street”.
The Technical Note also provides the argument that this area of Eden Terrace will see significant change in the coming years, with the upgrade of Mount Eden Station, a potential major TOC development and increasing medium/high density residential developments elsewhere [Flow, 2015a]. There may also be an argument that currently the crossing is well used by pedestrians – with 93 movements recorded in one hour during 2013 and 2014 surveys [Flow, 2016a]. Necessity for the Notwithstanding this, I believe that for the following reasons the Porters Avenue concerns raised by the submitters are valid: Overbridge The main destination for pedestrians within the area is Mount Eden Station; as such the utilisation of an Ngahura Street pedestrian crossing is likely to be far higher than one at Porters Avenue.
The closest bus stop along New North Road is at the intersection with Ngahura Street. As such bus passengers are likely to use the Ngahura Street pedestrian crossing.
The main argument for introducing a footbridge relates to future demand. Given the unknowns, it may take a long time before benefits are realised.
There may be a counter-argument that a Porters Avenue crossing, if well utilised as desired, would warrant a new signalised pedestrian crossing facility on New North Road at Porters Avenue. However, Mr O’Connor concludes that these concerns are unlikely to eventuate for some time, and no mitigation is currently warranted.
Mr O’Connor notes that whilst he agrees that some of the concerns raised by
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Issue raised in Comment submissions
submitters may be valid, the provision of an additional pedestrian over bridge, and specifically the justification for funding for this, is not a material consideration when assessing the implications of this application (as it represents a benefit and not an impact). Mr O’Connor concludes that the provision of a crossing, justified or not, does not raise any transport concerns and as such, no mitigation is proposed.
Summary 9.14 In general, Mr O’Connor supports AT’s proposed changes to Conditions 30.1 and 30.2.
9.15 Mr O’Connor also notes that the changes to the road network to the north of the Mt Eden Station may result in the construction of additional signalised intersections on Mount Eden Road and New North Road. Whilst current analysis has shown that the Mount Eden Road / Ruru Street signalised intersection performs well, Mr O’Connor recommends that additional investigation be undertaken on the New North Road corridor in the future to determine whether the additional signals balance the requirements of all road users.44
9.16 Mr O’Connor also notes that he supports the recommended changes to the Urban Design DWP as proposed in the ITA, as the construction of new signalised intersection on New North Road will have an impact on traffic movements.
9.17 However, Mr O’Connor recommends that new data is collected to verify whether the data used to support the ITA is still representative of current conditions. Should it be demonstrated that traffic has increased significantly, additional analysis and potentially additional mitigation measures may be warranted. Should the new information demonstrate that there is no substantial increase in traffic, I consider that additional mitigation may not be necessary (subject to having the opportunity to review the additional information)..
44 Refer to paragraphs XX above, and section XX of this Report
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9.18 Noise and vibration Introduction 9.19 The following chapter is primarily informed by:
a) Section 6.5 (Noise) of the application;
b) Appendix H (Noise and Vibration Assessment) of the application; c) Section 92 Response, dated 20 December 2016; and d) Section 92 Response, dated 27 April 2017. Relevant plan provisions 9.20 The AUP contains provisions that seek to control and manage adverse effects of noise and vibration whilst:
a) protecting people from unreasonable levels of noise and vibration;45 b) enabling construction activities that cannot meet noise and vibration standards by controlling duration, frequency and timing;46 and
c) minimising, where practicable, noise and vibration at its source or on the site from which it is generated.47
Relevant submissions 9.21 The following submissions received on the application, have made comment on noise and vibration related matters associated with the both construction and operation of the Project, being:
a) whether construction noise will meet standards, particularly at night;48 and
b) concerns over increased noise levels in the long term.49
45 Objective E25.2(1); Policy E25.3(1), E25.3(2). 46 Objective E25.2(4); Policy E25.3(10). 47 Policy E25.3(2). 48 Submission 7 (T Harding), Submission 9 (C & M Robertson), Submission 10 (Station-R Body Corporate Committee), Submission 12 (S Yeo), Submission 26 (K Harrison), Submission 28 (C Puglia), Submission 29 (J Tucker), Submission 41 (J Netzler), Submission 49 (M Craig), Submission 50 (C Laidlaw), Submission 54 (Q Danielo), Submission 56 (A Haviez) and Submission 69 (C Standing). 49 Submission 74 (A Ward).
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Auckland Transport’s assessment 9.22 Section 6.5 of the application states that no increase in the level of noise and vibration effects arising from construction was identified in the Noise and Vibration Assessment. This is not discussed further in this Report.
9.23 With respect to potential permanent noise and vibration effects, section 6.5.1 of the application notes that the only change in permanent noise and vibration effects resulting from the alteration, is a predicted increase in dBA level ranging from 0.5 to 1.7 dBA at 1, 3, 5, 7 and 11 Fenton Street where the designation boundary moves closer to these properties. Due to the existing noise environment in this location, AT conclude that the increase in noise level is predicted to be within the 1-2 decibel range, which is “generally considered to be indiscernible”.50 As such, no mitigation has been proposed. Assessment 9.24 Council’s consultant acoustic engineer Mr Jon Styles, Styles Group, has undertaken a review of the relevant project documentation (including section 92 Responses). His assessment is attached as Appendix H to this Report.
9.25 With respect to the potential permanent effects arising from noise, Mr Styles agrees with the assessment undertaken by SLR and AT, in that the noise level change would generally be barely noticeable or negligible from the point of view of an occupant of the existing buildings on those sites or a person otherwise on those sites.
9.26 I understand this to mean that potential effects arising from the alteration are negligible, in that the occupiers of the existing buildings and those in the general area, will not be able to discern a change in noise levels inside their dwellings. Based on this, I concur with AT that no mitigation is required in this instance.
9.27 With respect to possible future developments in the vicinity of the NAL Designation, Mr Styles notes in his memo that the noise environment as it exists (pre-alteration) is significantly degraded, and expresses concerns that the alteration will increase the degree of insulation required by up to 2 decibels. The associated effect in this instance is that developers may be required to spend more to provide heavier glazing for noise insulation. Mr Styles notes that the increase in the insulation burden for the receivers of noise is not directly addressed in the application documentation.
9.28 Whilst I agree with Mr Styles on both the description of the noise environment and the possibility of future costs associated with noise insulation, it is my understanding that an assessment of effects is limited to a consideration of the effects of the proposal on the receiving environment as it exists, or as it would likely exist at the time the proposed works are undertaken. In undertaking an assessment of environmental effects, it is not appropriate to consider the potential adverse effects on a possible future, or uncertain
50 Refer to p. 35 of the AEE for the Mt Eden Station NoR
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environment. While a certain scale of residential development is anticipated by the AUP in this area (and could thus be said to form part of the existing environment), at the time of writing this Report, I am not aware of any consented developments in the vicinity of the proposed alteration. I also note that the scale of this potential effect is limited to five (5) residential properties.
9.29 In light of the above, I do not consider that AT need to address the potential effect of an increase in the insulation burden on future developments.
9.30 In his memo, Mr Styles expresses concerns that AT has provided no assessment of whether the overall noise levels arising from the operation of the lines are reasonable in terms of section 16 of the RMA, as these levels are already very high. In my view, compliance with the section 16 duty to avoid unreasonable noise is not a decision- making criterion under section 171 of the RMA. However, it may be a relevant consideration in that decision-making process. My preliminary view is that section 16 considerations have a limited application in this instance due to there being no perceptible changes in the noise environment.
9.31 With respect to the potential effects arising from vibration, Council requested further information from AT as no assessment of the vibration effects was provided in the application. AT provided a response on 27 April 2017. In it, they include an assessment of the vibration that is currently being generated, and the potential changes that may result from this application.
9.32 For the sake of clarity, Mr Styles’ comments on this assessment are provided below:
The SLR memo refers to rule E25.6.30 of the AUP-OP which states a limit of 0.14mm/s RMS for sleeping areas at night arising from permanently installed machinery operating on another site. That rule requires that measurements must be made in accordance with ISO 2631-2:2003 Mechanical vibration and shock – Evaluation of human exposure to whole-body vibration – Part 2: Vibration in buildings (1Hz to 80Hz). I agree with the SLR advice that this rule does not apply to rail movements within the designations but that if forms a useful basis for the assessment of the potential effects of rail vibration.
I also agree with the SLR advice that compliance with a level of 0.14mm/s RMS between 8 and 80Hz measured in accordance with ISO2631-2:2003 would comprise a reasonable level of vibration. I do note however that in several instances the SLR advice refers to the value of 0.14mm/s as coming from ISO2631-2:2003, (in particular in the 3rd paragraph on pages 2 and 3). ISO2631-2:2003 contains no such guidance on acceptable levels and no criteria for acceptability for rail or any other sources and specially states this in the scope section of the standard. All references in the SLR advice to the ISO2631-2:2003 standard containing guidelines or acceptable levels are therefore incorrect.
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The SLR advice states that this level can be complied with provided there is a minimum of 4m between any building and the rail line, and that the on the basis that Kiwirail and Auckland Transport have agreed to maintain a 4m setback in all cases then the vibration limit will be complied with. The SLR memo concludes (in respect of vibration) that: “On the basis of the compliance with the identified guidelines, no mitigation is considered necessary”. I agree with this. In the same way that relatively complex noise and vibration conditions and limits have been placed on all of the CRL designations for subsurface rail movements, I consider that it is appropriate to apply a vibration condition to this above-ground section of the project to ensure that the adverse effects assessed as part of this NoR are not permitted to increase in the future. Such a condition would limit rail vibration generated within the area of the designation subject to this alteration to no more than a level of 0.14mm/s RMS between 8 and 80Hz being received on the foundation of any building outside that area. 9.33 In light of the above comments, it would be useful if AT could provide further comment on this matter.
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10 Amenity Effects
Introduction 10.1 The following chapter is primarily informed by:
a) Section 6.6 of the application; and
b) Appendix I (Arboricultural Assessment) of the application. Relevant plan provisions 10.2 The following provisions are considered to be relevant to the assessment of arboricultural effects:
a) trees in roads that contribute to cultural, amenity, landscape and ecological values are protected;51
b) the safe and efficient development, maintenance, operation and upgrading of the transport system and utilities is enabled while ensuring that the overall ecological and amenity values provided by trees in roads are maintained;52
c) balance the safe and efficient development, operation, use, maintenance and upgrading of infrastructure, utilities, and road network with the protection of trees in roads;53
d) manage trees in roads to protect their cultural, amenity, landscape and ecological values while acknowledging that multiple uses occur in roads;54 e) business – Mixed Use Zone zoned areas have a high level of amenity;55 and
f) railway and state highway corridors are used safely, effectively and efficiently for the transportation of people and goods in an integrated manner.56
Relevant submissions 10.3 The following submissions received on the alteration, have made comment on amenity related matters associated with the project:
a) the proposed overbridge will be both an eyesore and an unacceptable invasion of privacy; 57
51 Objective E17.2(1). 52 Objective E17.2(3). 53 Policy E17.3(1). 54 Policy E17.3(3). 55 Objective H13.2(9). 56 Objective H22.2(1).
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b) the removal of the requirement for a grade separated vehicle crossing in an attempt to save cost comes at the detriment of an entire neighbourhood that would become enclaved;58 and
c) more detail required regarding effects on people’s daily lives and public health.59 Auckland Transport’s assessment 10.4 Section 6.6 of the application summarises the effects on amenity arising from permanent visual and vegetation changes, and temporary effects arising from vegetation removal.
10.5 In relation to temporary effects, AT note that:
a) The amenity of the project area will be affected beyond what the CRL designation already anticipates, due to the removal of additional vegetation, the alteration of pedestrian paths, and the expansion of CSAs into sites and roads not covered by the existing designations; and
b) Effects on pedestrian access and movement are generally anticipated for the length of the construction period only and access will be reinstated at the completion of the construction period.
10.6 In addition to the above, AT note the following permanent amenity effects:
a) Positive effects on visual amenity for the occupants at 32 Normanby Road and surrounding properties, as the alteration removes the need to construct an access ramp at 32 Normanby Road; 60 b) Permanent visual amenity effects arising from the removal of 17 Willow Myrtle trees along Boston Road;61 and
c) Works within the dripline of a protected flame tree located in the roundabout (at Boston and Normanby Roads) and oak tree on Boston Road. 62 10.7 AT note that with respect to permanent and temporary effects on trees (including removal and works within the dripline), CRL designation Condition 55 requires the preparation of a Tree and Vegetation Delivery Works Plan (DWP) to manage the effects of tree removal, and to outline the measures for works in proximity of trees that have been identified for protection. AT also point to Condition 48.1, which specifies that the
57 Submission 25 (J Gadd), Submission 27 (C Liang), Submission 43 (A Judd), Submission 44 (J Fernandes), Submission 45 (G Wickens & R Judd), Submission 48 (G Judd), Submission 51 (B MacCormack) and Submission 77 (Y Song). 58 Submission 74 (A Ward). 59 Submission 77 (Y Song). 60 Paragraph 6.6.1 of the application. 61 Paragraph 6.2.2 of the application. 62 Paragraph 6.6.3 of the application.
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Urban Design DWP shall include any replacement planting necessary to mitigate adverse effects arising from tree and vegetation removal.
10.8 AT propose that in giving effect to these conditions, the 17 individual trees that are to be removed on Boston Road will be replaced on a one-to-one basis. Assessment
Arboricultural effects 10.9 Mr Bruce Edwards, Council’s Arborist has undertaken a review of Appendix I of the application, and has provided a memo outlining his assessment (Appendix I to this Report). In his memo Mr Edwards provides a number of recommendations to manage works within the dripline of the scheduled Flame Tree, and notes that he does not support the removal of the scheduled Flame tree which is mentioned as an option in Appendix I to the application.
10.10 Council requested clarification63 by AT as to its intention with respect to the scheduled tree, and what measures would be put in place to protect the tree during construction if it is to be kept. In their response,64 AT confirmed that the removal of the tree is not proposed, and that Condition 55.3(b) requires measures to be identified to protect trees from construction activities, where trees are in close proximity to construction works.
10.11 I consider that this is an appropriate approach to the management of works within the dripline of the schedule Flame Tree, which is to be retained.
Visual and privacy effects 10.12 As noted above, a number of submitters have raised concerns regarding the visual effects of and potential effects on privacy of the proposed footbridge in the vicinity of Porters Avenue.65 Whilst acknowledging these concerns, I consider that this issue is beyond the scope of this application as the provision of a grade separated crossing of Porters Avenue has already been considered and provided for through the original CRL Designation 6.
10.13 Notwithstanding this, I note Condition 47.2(b)(ix) requires structures associated with grade separated rail crossings to be carefully and sensitively designed to ensure appropriate amenity and safety are retained or achieved. I consider that this condition should go some way to addressing the concerns raised by submitters regarding visual effects and effects on privacy.
63 Refer to s 92 Request dated 18 April 2017. 64 Refer to s 92 Response dated 27 April 2017. 65 Submission 25 (J Gadd), Submission 27 (C Liang), Submission 43 (A Judd), Submission 44 (J Fernandes), Submission 45 (G Wickens & R Judd), Submission 48 (G Judd), Submission 51 (B MacCormack) and Submission 77 (Y Song)
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11 National, regional and district policy assessment
11.1 In accordance with section 171(1)(a) of the RMA, when considering the application and any submissions, subject to Part 2, consideration must be given to the effects on the environment for allowing the requirement, having particular regard to any relevant provisions of national policy statements, and operative or proposed regional policy statement, the district plans and any other matter considered reasonably necessary to make a recommendation.
11.2 AT provide a summary of their assessment of the relevant statutory framework at Section 7 of the application, and provide a more detailed assessment at Appendix J.
11.3 Whilst I largely agree with the assessment provided by AT, I have identified additional objectives and policies of the AUP that I consider to also be relevant to the assessment of effects above. I also note that there are provisions that have been identified by AT that at the time of writing this report, are still subject to appeal. In these instances, I have provided an overview of the relevant legacy provisions, and have provided comments as to why I consider them to be relevant.
11.4 The remainder of this section provides an assessment of the provisions of these planning instruments that are relevant to the consideration of the application. National Environmental Standards
National Environmental Standard for Air Quality 2004 11.5 AT note that resource consents relevant to the area subject to this application were lodged in May 201666. In this regard, it is considered that the NES for Air Quality is best addressed through that process as opposed to this applicaiton.
National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 11.6 AT note that resource consents relevant to the area subject to this application were lodged in May 2016.67 In this regard, it is considered that the NES for Assessing and Managing Contaminants in Soil is best addressed through that process as opposed to this application.
National Policy Statements 11.7 AT have not identified any national policy statements that are of relevance to the consideration of the alteration. I concur with this opinion.
66 Paragraph1.4.3, Appendix J to the application. 67 Paragraph1.4.2, Appendix J to the application.
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Auckland Unitary Plan (Operative in Part) 11.8 Auckland Council notified the decisions version of the Unitary Plan in August 2016. Appeals against the decisions version closed 16 September 2016 and the AUP was released in November 2016. At the time of writing this Report, a number of AUP provisions remain subject to appeal and as such, some legacy plan provisions continue to be relevant. These provisions are identified in the sections to follow, and where consideration of these provisions is relevant, a table is provided that “maps” the current provision to its predecessors.
Chapter B: Regional Policy Statement 11.9 With respect to Chapter B: Regional Policy Statement, AT has identified the following provisions relating to infrastructure, transport and energy as relevant to the CRL:
Objective B3.2.168 Objective B3.3.1 69 Policy B3.3.2(7) Policy B3.2.2(1) Policy B3.3.2(1) Objective B6.3.1(1) Policy B3.2.2(6) Policy B3.3.2(3) Policy B6.3.2(3) Policy B3.2.2(8) Policy B3.3.2(4) Policy B6.3.2(6)
11.10 Overall, I concur with the assessment undertaken by the AT in respect to the Chapter B: Regional Policy Statement, that the project achieves the policy direction which supports provision of public transport and transport networks.
11.11 In addition to these provisions, I consider the following provision to also be relevant:
Table 11-1: Additional provisions considered to be relevant (Chapter B)
Provision Text of Provision Comment
Policy Improve the integration of land use and The funding and staging of the wider transport by ensuring transport B3.3.2(5)(a) CRL project has already occurred. infrastructure is planned, funded and Notwithstanding this, I consider the staged to integrate with urban growth; application to be consistent with this policy, as the project will help to improve transport access into and around the city centre, in a manner that is consistent with the growth patterns identified in the Auckland Plan (2010) and the AUP.
11.12 I note that none of the provisions identified by AT or myself are subject to appeal.
68 Reference is made to the Objective itself, so I have assumed that this refers to Objective B3.2.1 (1) to (8) 69 Reference is made to the Objective itself, so I have assumed that this refers to Objective B3.3.1(1)
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Chapter D: Overlays 11.13 With respect to Chapter D: Overlays, AT has identified the following provisions as relevant to the CRL:
Objective D13.2(1) Objectives D17.2 (1) to (3) Policy D17.3 (1) to (26) Policies D13.3 (1) and (2)
11.14 No additional provisions have been identified, and none of the provisions identified are subject to appeal. Overall, I concur with the assessment undertaken by the AT in respect of the provisions identified for Chapter D: Overlays.
11.14.1 Chapter E: Auckland Wide 11.15 With respect to Chapter E: Auckland Wide, AT has identified the following provisions as relevant for consideration:
Objectives E17.2 (1) to (3) Policies E17.3 (1) to (4) Objective E27.2 Objective E26.2.1 70 Policy E27.3 71
11.16 With respect to the provisions identified above, I note that AT has identified Objective E27.2 and Policy E27.3 as being relevant. As reference has been made to the higher level provision, I have assumed that all provisions under Objective E27.2 (being 1 to 6) and E27.3 (being 1 to 29) were considered by AT. However, on reviewing these provisions, I consider that not all provisions under Objective E27.2 and E27.3 are relevant to this project.72
11.17 Despite this, I generally concur with AT’s conclusion that the alteration is consistent with the (relevant) objectives and policies of Chapter E27.
11.18 Notwithstanding this, in addition to those provisions identified by AT, I consider the following provisions to also be relevant. These provisions and my comments are provided in the table below:
70 Reference is made to the Objective itself, so the Reporting Team has assumed that this refers to Objective E26.2.1(1) to (9) 71 Policy E27.3(6) is subject to appeal. The relevant appeals for E27.3(6) include ENV-2016-000191: The National Trading Company of New Zealand Limited, ENV-2016-000192: Kiwi Property Group Limited and Kiwi Property Holdings Limited. ENV-2016- 000201: Progressive Enterprises Ltd, and ENV-2016-000243: K Vernon; 72 The provisions considered to NOT be relevant to the project include: E27.2 (3), (4), (5) E27.3 (2), (3), (4), (5), (6) to (14), (15) to (19), (22), (23), (24), (25), (26), (27)
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Table 11-2: Additional provisions considered to be relevant (Chapter E)
Provision Text of Provision Comment
Objective People are protected from The alteration seeks to move the E25.2(1) unreasonable levels of noise and boundary of the NAL designation closer vibration to residential and commercial properties in the vicinity of Porters Avenue and Wynyard Road. Based on this, and the additional noise effects that will be created as a result of this alteration, I consider this provision to be relevant. At discussed in section 9.18, it is my understanding that the noise environment as it exists in the NAL Designation (pre-alteration) is significantly degraded. Despite this, occupiers and those within the vicinity of the alteration (where it will come closer to residential properties) will not be able to discern a change in noise levels.
Policy E25.3(2) Minimise, where practicable, noise and As above. vibration at its source or on the site from which it is generated to mitigate adverse effects on adjacent sites.
Objective Construction activities that cannot meet The area around the Mt Eden Station E25.2(4) noise and vibration standards are will be under construction for a period of enabled while controlling duration, between 4-5 years. The alteration frequency and timing to manage proposes to extend the CRL designation adverse effects. boundary for additional CSAs, and in effect, extend the areas where construction will take place. As such, I consider this provision to be relevant. AT note that noise and vibration will be managed through the OPW process, and as required by conditions 31 to 40. I consider this approach to be appropriate.
Policy E25.3(10) Avoid, remedy or mitigate the adverse As above. effects of noise and vibration from construction, maintenance and demolition activities while having regard to: the sensitivity of the receiving environment; and
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Provision Text of Provision Comment the proposed duration and hours of operation of the activity; and the practicability of complying with permitted noise and vibration standards.
11.19 At the time of writing this Report, a number of the provisions identified by AT are subject to appeal.73 As such, the Project also requires consideration under the legacy plan, being the Auckland Council District Plan (Isthmus Section).
11.20 The provisions subject to appeal that AT has identified as relevant are the Infrastructure Objectives under E26.2.1. As reference has been made to the higher level provision, I have assumed that all provisions under Objective E26.2.1 (1)-(9) were considered by AT. However, on reviewing these provisions, I consider that not all provisions under Objective E26.2.1 are relevant to this project.74
11.21 In addition, a number of the AUP objectives75 have no equivalent provisions under the legacy plan (Auckland Council District Plan: Isthmus Section).
11.22 Excluding the provisions that are either not relevant, or which have no legacy equivalent, I consider that the following provisions in the table below require consideration in terms of legacy provisions that remain operative. These provisions and my comments are provided below:
73 Objective E26.2.1. Note that although policies E27.3 (6) and (7) are subject to appeal, these were not considered to be relevant by the Project Team, and are thus not considered further. 74 The provisions considered to NOT be relevant to the project include: E26.2.1 (4), (7) and (8). 75 Objectives E62.2.1 (1), (2) and (5).
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Table 11-3: Provisions subject to appeal, legacy provisions, and assessment
Provision within the Auckland Legacy provisions of the Auckland Unitary Plan (Operative In Part) Council District Plan (Isthmus Section) Assessment assessed that is subject to appeal to consider
Objective E26.2.1(3) Objective 4A.4.2 AT’s assessment of the project in terms of the Infrastructure objectives is that the project is consistent with the objectives of Chapter E26.2.1 Safe, efficient and secure infrastructure To maintain levels of infrastructure which because: is enabled, to service the needs of provide for the citizens of the district. existing and authorised proposed a) The construction of the CRL represents a significant upgrade in Objective 12.3.2 subdivision, use and development. public transport infrastructure for Auckland and will support the To improve access, ease and safety of functioning of communities, business, industry and economic movement within the City, while ensuring growth of the region; and that adequate provision is made for the b) Providing secure and sufficient infrastructure is essential to the various transport needs of the region. health, safety and well-being of people and communities – and Supported by the following policies: significantly contributes to a well-functioning and liveable Auckland. As demonstrated in section 6 of the application, any • By improving passenger transport actual and potential adverse effects on the environment can be infrastructures where appropriate. appropriately mitigated. By recognising the need for effective I generally concur with AT’s assessment insofar as it responds to public transport and for catering for Objective E26.2.1 (3). people without cars. In terms of the equivalent legacy provisions, there are no matters raised • By enhancing public and personal safety by these provisions that are not within the ‘scope’ of Objective through reducing opportunities for crime E26.2.1(3) i.e. it is reasonable to assume that ‘Safe, efficient and to occur through appropriate design and secure infrastructure’ would ‘recognise the need for effective public management of transportation facilities. transport…’ and ‘enhance public and personal safety through reducing opportunities for crime to occur…’.
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Provision within the Auckland Legacy provisions of the Auckland Unitary Plan (Operative In Part) Council District Plan (Isthmus Section) Assessment assessed that is subject to appeal to consider To that extent, I consider that the proposal is consistent with the relevant equivalent provisions of the Auckland Council District Plan (Isthmus Section).
Objective E26.2.1(6) Objective 2.3.5(g) AT has not specifically addressed the issue of reverse sensitivity in its statutory assessment. Infrastructure is appropriately protected To manage urban growth and from incompatible subdivision, use and development in a manner that: avoids or However, it is noted that the ‘obligation’ of this objective does not lie development, and reverse sensitivity mitigates conflicts or incompatibility with the infrastructure provider but rather with Council and developers effects. (including reverse sensitivity effects) seeking to implement land uses. between new land uses and both existing To that extent, I consider that the proposal is not inconsistent with the and planned future regionally significant relevant equivalent provisions of the Auckland Council District Plan infrastructure. For the purpose of this (Isthmus Section). Objective “planned future regionally significant infrastructure” is regionally significant infrastructure which is the subject of a Notice of Requirement, designation or resource consent, or which otherwise has statutory planning approval.
Objective E26.2.1(9) Objective 4A.4.2 As noted above, AT’s assessment of the project in terms of the Infrastructure objectives is that the CRL is consistent with the objectives The adverse effects of infrastructure To allow for the provision of new network of Chapter E26.2.1 because: are avoided, remedied or mitigated. utility services whilst mitigating adverse environmental effects. a) The construction of the CRL and the associated NoR component represents a significant upgrade in public transport infrastructure
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Provision within the Auckland Legacy provisions of the Auckland Unitary Plan (Operative In Part) Council District Plan (Isthmus Section) Assessment assessed that is subject to appeal to consider Objective 10.3.1 for Auckland and will support the functioning of communities, business, industry and economic growth of the region; and To provide for large-scale community facilities and infrastructure while ensuring b) Providing secure and sufficient infrastructure is essential to the the sustainable management of the health, safety and well-being of people and communities – and natural and physical resources committed significantly contributes to a well-functioning and liveable to them. Auckland. As demonstrated in section 6 of the application, any actual and potential adverse effects on the environment can be Objective 12.3.1 appropriately mitigated. To manage the use and development of I generally concur with AT’s assessment insofar as it responds to the City's transportation resources in a Objective E26.2.1 (3). way that promotes the protection and enhancement of the City's environment. In particular, I note (and concur) that the conditions of the designation will adequately mitigate the adverse effects of the CRL project on the
environment.
In terms of the equivalent legacy provisions, there are no matters raised by these provisions that are not within the ‘scope’ of Objective E26.2.1 (9). In addition, I note that the reference to ‘City’ in the legacy objectives refers to the suburbs and centres within the boundaries of the former Auckland City Council rather than to the CBD or other specific business centres within those boundaries. To that extent, I consider that the proposal is not inconsistent with the equivalent provisions of the Auckland Council District Plan (Isthmus Section).
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11.22.1 Chapter H: Zones 11.23 With respect to Chapter H: Zones, AT has identified the following provisions as relevant for consideration:
Objective H13.2 (1) to (9) Policies H13.3 (1) to (22) Objective H17.2 (1) to (4)
11.24 No additional provisions have been identified as relevant, and none of the above are subject to appeal. Overall, I concur with the assessment undertaken by AT in respect to the provisions identified for Chapter H: Zones.
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12 Other matters
Heritage New Zealand Pouhere Taonga Act 2014 12.1 I concur with AT’s assessment provided at section 1.3.1 of Appendix J to the application. Local Government (Auckland Council) Act 2009
12.2 I concur with AT’s assessment provided at section 1.3.2 of Appendix J to the application. Auckland Plan 12.3 I concur with AT’s assessment provided at section 1.3.5 of Appendix J to the application. Auckland Long-Term Plan 2015-2025 12.4 I concur with AT’s assessment provided at section 1.3.6 of Appendix J to the application.
City Centre Master Plan 12.5 I concur with AT’s assessment provided at section 1.3.10 of Appendix J to the application.
Newton and Eden Terrace Plan 12.6 The Newton and Eden Terrace Plan (2016-2046) was a collaborative plan prepared by the Waitematā and Albert Eden Local Boards and their communities. This plan was developed to inform future growth, development and investment in the area. As part of its purpose, the Newton and Eden Terrace Plan includes as one of its “Five Key Moves” the promotion of the CRL and wider improvements to the public transport network as these will be the “catalysts for new investment and growth in the area.”
12.7 Addressing the CRL in greater detail, the Newton and Eden Terrace Plan states that;
The new City Rail Link (CRL) and redeveloped station at Mount Eden will have significant benefits in terms of the connection to the rest of the city, place-making and development opportunities that will in turn benefit the surrounding area and community. The land designated for the main construction yard for the CRL tunnel, adjacent to New North Road, will in the future provide a significant area for integrated redevelopment once construction is completed. It presents the opportunity for the revitalisation of a largely light industrial and commercial area adjacent to the station into a mixed use area. 12.8 Accordingly, I consider that the project is consistent with, and assists in achieving the outcomes sought in the Newton and Eden Terrace Plan.
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Transport Planning Instruments
Land Transport Management Act 2003 12.9 I concur with AT’s assessment provided at section 1.3.3 of Appendix J to application.
Public Transport Management Act 2008 12.10 I concur with AT’s assessment provided at section 1.3.9 of Appendix J to the application.
Auckland Regional Public Transport Plan 2015 12.11 I concur with AT’s assessment provided at section 1.3.9 of Appendix J to the application.
Auckland Regional Land Transport Strategy 2010-2040 12.12 I concur with AT’s assessment provided at section 1.3.7 of Appendix J to the application.
Auckland Regional Land Transport Programme 2015-2018 12.13 I concur with AT’s assessment provided at section 1.3.8 of Appendix J to the application.
Auckland Transport Plan 2009 12.14 I concur with AT’s assessment provided at section 1.3.11 of Appendix J to the application.
Rail Development Plan 2006-2016 12.15 I concur with AT’s assessment provided at section 1.3.12 of Appendix J to application. Conclusion 12.16 Overall, I consider that the project is consistent with, and assists in, achieving the outcomes sought in the above planning instruments.
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13 Conditions
13.1 A number of amendments to CRL Conditions have been proposed by AT to manage the potential effects resulting from the application. My view on those proposed amendments, as well as some additional suggestions, are provided in the table below.
13.2 The amendments proposed to condition 54.1 in the AEE to the application has been withdrawn by AT.76 As this is no longer part of this alteration, it has not been included in the table below.
13.3 For the sake of clarity, the specific changes that have been identified in the application by AT are identified as
- additions underlined - deletions strikethrough 13.4 My proposed amendments are identified as:
- additions underlined - deletions strikethrough 13.5 Subject to any further comments or recommendations received with respect to vibration (see section 9.18 above), I note that no changes are proposed to the NAL Designation, or CRL Designation 3.
76 Refer to the section 92 Response dated 17 April 2017.
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Table 13-1: Proposed amendments to conditions
Action Amendments to Conditions Comments
I consider this amendment to be appropriate, as it will update Amend Except as modified by the conditions below and subject to final detailed references to the drawings included as part of this application. Condition 1.1 design, and except as altered by Assessment of Environmental Effects (Reference CRL-AOT-RME-000-0057), Design and Construction Report (Reference CRL-AOT-RME-000-0059 and Drawings CRL-SYW-RME-000- DWG- 0025-0030), except as altered by Assessment of Environmental Effects (Reference CRL-MTERME- 000-0060), Design and Construction Memorandum (Reference CRL-MTE-RME-000-0001) and Drawings CRL- SYW-RME-000-DWG-0101, 0102, 0110 and 0133 and CRL-EFC-ROA-000- DRG-1027,1028 and 1127 and CRL-EFC-CON-DRG- 0060, 0061, 0062, 0063 and 0064) the City Rail Link Project shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated 23 August 2012 and supporting documents (as updated by information provided by the Requiring Authority up until the close of the Hearing and during the course of Environment Court proceedings) being:
I consider this addition to be appropriate, as it provides clarity 3.1(d) Give notice in accordance with s182 of the RMA for the drawback of around the areas to be drawn back post-construction in areas Add Condition the CRL designation post construction where the CRL overlaps the North where the designation will overlap the NAL. 3.1(d) Auckland Line designation (AUPOP reference 6300) as follows:
(i) Between 4 Haultin Street and 5 Fenton Street north and south Identification reference 7 on drawing CRL-SYW-RME-000- DRG-0104); (ii) Between 49-51 Boston Road and Severn Street (Identification
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Action Amendments to Conditions Comments references 1, 2 and 3 on drawing CRL-SYW-RME-000-DRG- 0101); (iii) At 14-22 Boston Road (Identification references 5 on drawing CRL-SYW-RME-000-DRG-0101); (iv) At 11 Water Street (Identification reference 6 on drawing CRL- SYW-RME-000-DRG-0101); (v) At 26 and 28 Mt Eden Road (Identification references 5 and 6 on drawing CRL-SYWRME-000-DRG-0103); (vi) Over road reserve at Normanby Road between Lauder Road and Boston Road to reflect the Normanby Road overbridge (Identification reference 2 on drawing CRLSYW-RME-000- DRG-0103); and (vii) At Porters Ave to reflect the location of signalling infrastructure (Identification reference 8 on drawing CRL-SYW-RME-000- DRG-0104).
I consider this amendment to be appropriate, as it will update 30.1(j)(iii) Should the Requiring Authority require part of the site at 32 references to the drawings included as part of this application. Amend Normanby Road that is currently used for 40 car parking spaces for the 30.1(j)(iii) construction of the City Rail Link 34 alternative car parking spaces will be I have also underlined additions proposed by AT, which were provided at 14-22 Boston Road (in accordance with Plans DRG 0052 Rev 2.0 not underlined in the application, as I believe this was an error. CRLEFC-CON-DRG-0064 and DRW 0058 Rev 5.0 CRL-EFC-ROA-000- DRG-1027,1028 and 1127). The Requiring Authority shall provide safe pedestrian access across the North Auckland Line and into the site for customers and staff, visiting or employed at the site in accordance with Condition 30.1(c) until the grade separation works are completed and permanent access is reinstated to the site.
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Action Amendments to Conditions Comments
Amend I consider this amendment to be appropriate, as it will update 30.1(k) At completion of the grade separation of Normanby Road safe and 30.1(k) references to the drawings included as part of this application, reasonable pedestrian and vehicle access to and from the site and 34 on site and removes references to the provision of parking (as it is no parking spaces will be provided for the property at 32 Normanby Road. In the longer required). case of pedestrian and vehicle access and parking arrangements, this will be in accordance with Plans DRG 0058 Rev 5.0 CRL-EFC-ROA-000-DRG- 1027,1028 and 1127, and the following requirements; (i) The ramp access will meet relevant Austroads, NZS2890:2 and the Auckland Council District Plan: Isthmus Section design standards; (ii) The 34 parking spaces will be provided across the site and the adjoining KiwiRail property. The spaces will be compliant with the appropriate Auckland Council District Plan: Isthmus Section parking standards for dimensions and manoeuvring; (iii) The design, structures and barriers associated with the ramp and pedestrian access to the site will be subject to the urban design process of Condition 47; and (iv) Provision for landscape planting both on the site and on the KiwiRail land in the area is shown on DRG 0058 Rev 5.0 CRL- EFC-ROA-000-DRG-1127 and if appropriate beyond the site (in accordance with Condition 47.2). Indicative widths of landscaping on DRG 0058 Rev 5.0 are 1m for the section shown alongside the railway and 0.5m for the section on the southern side of the ramp.
Amend 30.1(l) I consider this amendment to be appropriate as the provision of 30.1(l) The KiwiRail land required by condition (k) above for carparking parking and ramp access are no longer required. spaces, landscaping and the ramp access will be provided by the Requiring
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Action Amendments to Conditions Comments Authority until such time as the vehicle access ramp is no longer required by the landowner. If the vehicle access ramp is no longer required to provide access to the property it shall be removed by the Requiring Authority at its cost within 3 months unless otherwise agreed with the landowner.
Amend I consider this amendment to be appropriate as the grade 30.1(m) Construction of the grade separation works at Normanby Road on 30.1(m) separation works are no longer required at these locations. the parcels of land identified on the CRL NOR6 Sheet 2 as parcels 242, 243, 244, 245, 246, 393, 394, 399, 400 and 401 shall not commence until the KiwiRail land is available and written confirmation of this has been provided by the Requiring Authority to Auckland Council.
Add 30.1(n) 30.1(n) Access to Water Street to and from Mt Eden Road for CRL construction related heavy commercial vehicles shall be limited to left-in and left-out movements only. 30.1(o) Access to 14-22 Boston Road from Normanby Road shall be Add 30.1(o) restricted to left-in and leftout movements only; the exception to this will be when Normanby Road is closed. I consider these amendment to be appropriate, as they will manage the changes to construction traffic movements that will result as part of these NoRs. Add 30.1(p) 30.1(p) During the temporary works along Boston Road, a 1.8 m wide footpath on the north side of the street, in addition to two 3.0 m wide traffic lanes shall be provided on Boston Road between Normanby Road and Khyber Pass. A safe temporary pedestrian crossing facility shall be provided at the western extent of Active Construction Zone M1.
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Action Amendments to Conditions Comments
Delete 30.2(d) As the application seeks to remove the requirement of a grade (d) The grade separation of Porters Ave so that it is undertaken at a time separation of Porters Avenue, I consider this deletion to be when vehicles, pedestrians,and cyclists can be managed and accommodated appropriate. on Dominion Road, Mt Eden Road and Normanby Road to an extent which mitigates where practicable, delays to travel journeys from congestion on these roads resulting from City Rail Link construction works;
(f) Any reduction in the number of fully operational traffic lanes associated Amend 30.2(f) As above. with the closure of Porters Avenue and Normanby Road, and the reduction in the number of vehicle lanes on the Mount Eden Road bridge, is to be undertaken on only one of these three two routes at a time;
Add to 35 I consider this amendment to condition 35 to be appropriate as Reference to Designation 6 to be inserted in the column identifying which reference to Designation 6 was missing. designation the condition applies to.
Amend As ramp access to the site at 32 Normanby Road will no longer (x) Grade separated rail crossings - Permeable balustrades on overbridges 47.2(x) be required (as proposed by this application), I consider this should be required not only for crime prevention purposes but to enable amendment to be appropriate. views into the neighbouring sites. For clarity all balustrades comprised within Normanby Road grade separation works (as defined in condition 30.1(l) shall be permeable including without limitation the ramp to be constructed into the site at 32 Normanby Road.
Add to 64 I consider this amendment to be appropriate, as it will address Reference to Designation 6 to be inserted in the column identifying which operational noise arising from the plant building proposed as designation the condition applies to. part of this application.
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Action Amendments to Conditions Comments
Add to 65 I consider this amendment to be appropriate, as it will allow for Reference to Designation 6 to be inserted in the column identifying which the management of effects from the maintenance and operation designation the condition applies to. arising from within Designation 6, and require a Operational
Noise and Vibration Management Plan to be submitted to Council.
I consider this amendment to be appropriate. The CRL Designation condition set contains conditions specific to CRL Designation 3 under the heading “Proposed Draft Notice of Requirement Condition – NoR 3”. These conditions were confirmed by AT to Auckland Council on 11 April 2014. The Environment Court decision also contains these conditions under the same heading. These conditions are operative and as such to avoid confusion it is proposed to amend the heading for conditions specific to CRL Designation 3 as follows:
Proposed Draft Notice of Requirement Conditions – NoR 3
Add 53.1(c) As the majority of the Mt Eden Station works will occur within (c) Details of how the bulk, scale and massing of structures resulting the existing NAL Designation, I consider that this addition is from the City Rail Link at Mt Eden Station are integrated with the appropriate as it clarifies the relationship between the two components of the Mt Eden Station located in the adjacent North designations, and states how the proposed works within Auckland Line designation. Designation 6 will integrate with the NAL Designation.
I understand that the grade separation works at Normanby Amend 5.6(b) All property owners and occupiers adjacent to construction sites (Britomart and Albert Street (NoR 1), Karangahape Road (NoR 4), Newton Station (NoR Road will continue as planned. Notwithstanding this, I suggest removing reference to the grade separation works from 5.6(b) to 5), and the main construction site including the grade separation works at
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Action Amendments to Conditions Comments Normanby Road and Porters Avenue (NoR 6)); make this condition consistent with 15.4(c)(ii).
This will ensure that affected parties and parties in proximity to the Porters Avenue level crossing are included in the pre- construction and construction communication plans. This is suggested in lieu of removing reference to “Porters Avenue” in this condition.
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14 Part 2 (Purpose and Principles) of the RMA
14.1 The following table provides an assessment of the project against the relevant provisions of section 6 (Matters of National Importance), and section 7 (Other Matters) of the RMA.
Matters of National Importance
I acknowledge the consultation undertaken by AT with Tangata Whenua, the involvement of Mana Whenua in the development of the project to date and the ongoing requirement for mana whenua consultation through condition 8 of the CRL designations.
As discussed in section 8 of this Report, I consider the e) the relationship of continuation of the Mana Whenua Forum, and the Maori and their culture implementation of conditions (specifically condition 8, and 47 and traditions with their to 50) will enable Mana Whenua involvement in the ancestral lands, water, development of the project and the ability to implement sites, waahi tapu, and measures which will address potential issues of concern. As other taonga such, I consider potential effects on Mana Whenua values associated with the project can be appropriately addressed through AT’s proposed conditions, and the continued engagement of the Mana Whenua Forum.
Based on the above, I consider the project adequately provides for the relationship of Maori and their culture and traditions.
Other Matters
As noted above, Mana Whenua have continued in the development of the project to date via condition 8 of the CRL a) kaitiakitanga designations. As such, I consider the project adequately provides for kaitiakitanga.and the ethic of stewardship.
aa) the ethic of stewardship See above.
b) the efficient use and The Project will contribute to the benefits provided by the CRL development of natural Project in its entirety, and encourages intensive land use within the and physical resources wider Central Area.
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Matters of National Importance
The Project will contribute to the benefits provided by the CRL ba) the efficiency of the end Project in its entirety, in particular the potential to increase the use of energy number of people using public transport.
The area within Designation 6 will undergo significant changes for both construction and operational elements of the CRL in the near future as a result of the works authorised under this designation. As such any existing amenity values are unlikely to be maintained. c) the maintenance and enhancement of However, once works are completed, it is anticipated that the area amenity values will be enhanced as a result of the redevelopment of Mt Eden Station area.
I consider the implementation of conditions (specifically condition 47, 49, and 53) will ensure that any adverse permanent effects on amenity will be appropriately mitigated.
d) intrinsic values of No known intrinsic values of ecosystems will be affected by the ecosystems Project.
During the construction phase of the project, the quality of the environment will be affected for those owners and occupiers f) maintenance and adjacent to the site. However I consider that the adoption of enhancement of the proposed mitigation measures will ensure any adverse effects are quality of the appropriately managed. environment As discussed above, I consider that the adoption of proposed conditions will ensure that any adverse permanent effects on the environment will be appropriately mitigated.
g) any finite Land is a finite resource. It is considered that the Project will characteristics of contribute to the benefits provided by the CRL Project in its entirety natural and physical by encouraging intensive land use within the wider Central Area. resources
The operational improvements to Auckland’s rail network as a result of the wider CRL Project has the potential to encourage the i) the effects of climate change use of public transport and provide a viable option to the use of private vehicles. This in turn could result in a reduction of vehicle trips which could have benefits in terms of climate change.
j) the benefits to be The wider CRL project will result in operational improvements to derived from the use
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Matters of National Importance and development of Auckland’s rail network, and the electric trains that operate provide renewable energy a significantly lower carbon footprint per person compared to conventional private passenger vehicles.
14.2 With respect to section 8 (Treaty of Waitangi), I consider that partnership is a relevant principle of the Treaty of Waitangi. In this regard, I note the ongoing involvement of Mana Whenua in the development of the project to date, and the consultation undertaken through condition 8 of the CRL Designations.
14.3 As such, I consider the project is consistent with section 8 of the RMA.
14.4 With regard to the purpose of the RMA, the effects of the project once distilled down relate to balancing the benefits of the project against the adverse construction and operational effects.
14.5 With respect to positive effects, in my opinion these alterations are necessary to address the issues identified in the CRL Reference Design stage, and are also necessary to ensure that the wider CRL project works can be completed in order to deliver the broader regional transport benefits that will be derived from the CRL. I also note the positive road safety effects associated with the closure of the Porters Avenue level crossing, and the retention of property access at 32 Normanby Road post-construction.
14.6 Without the alterations, it is my understanding that the required vertical alignment for the CRL would not be achieved, and the realignment of the NAL tracks to tie in with the CRL tracks would not be possible, as it will not be possible within the existing NAL Designation boundary.
14.7 With regards to potential adverse effects, these are primarily related to the closure of the Porters Avenue level crossing. I note that both AT’s and Council’s technical experts were in agreement that the transportation effects resulting from the proposed changes are likely to be relatively minor. Furthermore, AT has undertaken an assessment of alternatives for the Porters Avenue level crossing, and considered a number of scenarios before reaching a preferred option. Based on this, and pending confirmation of traffic volumes in this location, I consider that with the adoption of the proposed mitigation measures, these potential adverse effects can be appropriately managed.
14.8 Subject to the adoption of the recommended amendments to the conditions set out in section 14 of this Report, I consider the project will promote the sustainable management of natural and physical resources as set out in section 5 of the RMA.
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15 Recommendation
15.1 For reasons outlined in this Report, in addition to recommending conditions for the Environment Court to impose in the event that the NoRs are confirmed, I have included a recommendation as to whether the NoRs should be confirmed by the Environment Court. It is acknowledged that the Environment Court is not in any way bound by this recommendation.
15.2 I recommend that, pursuant to sections 198D and 171 of the RMA, and subject to confirmation that the transportation related effects are unchanged, the notices of requirement for an alteration CRL Designations 3 and 6 in the AUP and KiwiRail’s notice of requirement for an alteration to the NAL Designation in the AUP be confirmed, subject to conditions.
Lead Reporting Planner: Chris Scrafton Reviewer / Authoriser: Joao Machado
10 May 2017
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