!5T30 T· EC ZLR-1-21' File: CC137.06

2 February 2015 Resource and Environmental Management Consultants

.. ~._------~-----·-·· CUSTOMEi}_ S~RVIGES EC - CHCH Suzanne Blyth FILE REF: Consents Planner (II) DOCUMENT No.: - Environment Canterbury !7H2 PO Box 345 03 FEB 2015 l: Christchurch 8140 l: TIME RECEIVED: :!5T30_t· EC ZLR-1-21' File: CC137.06

Dear Suzanne ...______L __

APPLICATIONS FOR RESOURCE CONSENT BY CHRISTCHURCH CITY COUNCIL TO ENVIRONMENT CANTERBURY SUMNER ROAD REOPENING PROJECT

Please find enclosed one printed copy and one DVD copy of the applications for the following resource consent applications for the Sumner Road Reopening Project. Please note that all applications (including that for consideration by CCC) are addressed in the same suite of documents.

Land Use To store and use Hazardous Substances (Diesel fuel, explosives and lubricants).

Land Use To undertake earthworks and vegetation removal

• within and outside of riparian areas

• to disturb the bed of a river, deposit material, construct 2x bunds, use and maintain structure including a culvert.

Water Permit To divert (take and discharge) surface water around works in the bed of a river

Discharge To discharge a contaminant (explosives) into land which may result in a Permit contaminant entering:

• rivers

• the Coastal Marine Area

Discharge To discharge construction phase stormwater: Permit • to water including from an LLUR ('not investigated' ) site

• into land

• over land into the CMA

Discharge To discharge operational phase stormwater to water from an LLUR site Permit

Air Permit To discharge fugitive dust to air

Coastal Permit Deposition in and occupation of the CMA

• Deposition of material (incidental discharge of rocks) into the CMA.

• Occupation of the CMA with buoys booms, and restriction of public access to CMA and foreshore.

Resource Management Group Ltd

Phone 03-943 4112

Level 4, 69 Cambridge Terrace PO Box 908, Christchurch Box Lobby, Christchurch 8140 An application for land use resource consent is also being made simultaneously to Christchurch City Council, and the enclosed documents also cover that application.

Please contact me if you have any queries relating to these applications.

Yours Sincerely,

Resource Management Group Limited

Joanne Pacey Consultant Planner DDI {03) 962 1801 Email: [email protected]

Encl One printed copy of the Application One DVD copy of the Application

2 Customer Services Checklist for Resource Consent Applications Part A: Application Details if 1. Applicant(s) name: All names in full if Companies/Partnerships/Trusts: Registered in Companies Office - Printout attached to back of application. (http://www.companies.govt.nz) ~ Applicant's Address: Full postal address, including 4 digit postal code (http://www.nzpost.co.nz) Printout attached to back of application where this information has not being provided in the application Applicants Phone Numbers: Work & home numbers if applicable

13"" 2. Consultant/Agent Details: (If applicable) Full postal address, including 4 digit postal code. Option boxes have been ticked g/' 4. Site Location: Contains Street/Road name, legal description, site plan

~ 5. District/City Council: Correct box has been ticked (refer to 4 above) Both Yes/No boxes have been ticked.

~ 6. Type of Consent(s) applied for: ensure consistent with 7: Description of Activity

8"",... 7. Description of Activity: (i.e. ground water take) and same as 6: Type of Consent applied for

Part 8: Assessment of Effects on the Environment An assessment has been provided. Explained to applicant that this is a preliminary assessment and an Investigating Officer will make a more detailed assessment to determine whether or not enough information has been provided as determined by Section 88 of the RMA to receipt the application Part D: Other Information

Signature, date and name provided All items ticked in the checklist are attached All written approvals are attached

Fees: o Deposit per consent provided D Cheque/electronic banking photocopied and attached to back of application

Change of Conditions:

Applied for in the name of the current consent holder(s) Full AEE and relevant attachments are provided Resubmitted application: All information requested in S88 letter is included Checked with relevant team leader to see if someone is available to check application • Checked by (10 name) ...... • 10 not available

Customer Services

Received By: - ~l .... ~J,;4~ ...... Time: ••. ~. /::.6 :; ... ~ ·Db VV' Print name clearly

0:/Procedures/counter procedures/forms/ February 2010

CHRISTCHURCH CITY COUNCIL INFRASTRUCTURE REBUILD GROUP

Sumner Road Reopening Project Resource Consent Applications to Christchurch City Council and Environment Canterbury January 2015

CHRISTCHURCH CITY COUNCIL INFRASTRUCTURE REBUILD GROUP

Sumner Road Reopening Project

Prepared by:

Joanne Pacey John Scheele Laura Buttimore Consultant Planners RMG Ltd

Reviewed by: Approved for Release by

David McMahon John Mackie Director General Manager RMG Ltd Infrastructure Rebuild Group

29 January 2015 Status: Final

Resource Management Group Limited PO Box 908, Christchurch Box Lobby Christchurch, 8141 Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

APPLICATION FOR RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991, AND SECTION 4 OF THE CANTERBURY EARTHQUAKE (RESOURCE MANAGEMENT ACT) ORDER 2011

TO: THE CHRISTCHURCH CITY COUNCIL (Note: see separate form for the applications to Environment Canterbury)

1. The Christchurch City Council applies for the following type of resource consent: A land use consent to undertake: (a) Earthworks and vegetation removal in the Rural Hills Zone; and (b) Storage and use of hazardous substances and to undertake activities within the Lyttelton Port zone that are not directly associated with the operations of the Port.

2. A description of the activity to which the application relates is: To undertake rock deconstruction works and road repair works required to reopen and maintain the operation of the Sumner to Lyttelton Road as detailed in the appended application. In summary, these works entail:  Site setup works including construction of haul roads, site office areas, security buoys and fencing, and construction stormwater devices.  Site works including benching, scaling, breaking of rock by blasting, construction of bunds, storage of spoil, soil stockpile areas, road repair works, repair/reconstruction of retaining walls, and repair/reconstruction of stormwater system.  Site rehabilitation works including removal of access and haul roads (excluding Haul Road B which is to be retained).  Ongoing maintenance of the above described works. A full description of the proposal and site plans are provided in Appendix One. The Application is more fully described in the “Assessment of Effects” and numerous other plans and appendices attached to and forming part of this resource consent application.

3. The legal descriptions and names of the owners of land to which the application relates are as follows:

Owner Legal Description CT/Identifier Area (ha)

The Lyttelton Borough Council Part Lot 1 DP 25927 CB31B/11 25.7548 (CCC – Urumau Recreation Reserve)

Lyttelton Port Company Ltd Lot 1 DP 73874 CB42D/28 8.0937

Lot 1 DP 27278 CB42D/30 5.3916

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

(Above Road) Lot 4 DP 27278 CB34C/176 3.5210

Lyttelton Port Company Ltd Lot 1 DP 22486 CB32F/307 28.4305

Lot 2 DP 22486 CB3D/237 16.3003 (Below Road, including Quarry, excluding Coal Port) Lot 3 DP 22486

RS 4712

Lot 1-2 DP 19789 CB782/25 2.7094

RS 38444 CB1D/558 1.5403

Lot 1 DP 24783 CB6B/891 1.4063

Part RS 130 CB400/183 1.2393

Part RS 130 CB33F/102 0.2377

Part RS 130 and Lot 1 DP CB782/26 8.6370 10880

RS 41609 CB25K/493 0.7895

Part RS 39684 CB9A/1217 2.4635

RS 41918 and RS 41877 CB27F/680 0.8100

Lot 2-4 DP 22486 and RS CB3D/237 16.3003 4712

(Quarry) Lot 1, Lot 5 and Part Lot 6 DP CB32F/307 47.8060 22486, Lot 5 DP 54492 and Part RS 55

Her Majesty the Queen Part Lot 1 DP 4462 CB23K/704 44.6325 (DoC – Tauhinu-Korokio Scenic RS 1963 (‘Gravel Pit’) CB23K/702 8.0937 Reserve)

No Titles RES 276 (no title) 6.6902 (DoC – Buckleys Bay Scenic Lot 2 DP 27278 (no title) 0.5327 Reserve) Lot 3 DP 27278 (no title) 2.2523

Christchurch City Council Part Lot 1 DP 4807 (no title) Nominal area of c 1ha (within (Scarborough Hill Reserve) a 214.4908ha property)

CCC administered roads including Sumner Road, Old Sumner- (no titles) Unknown Lyttelton Road, part of Gollans Bay Quarry.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Total site area: 234.6326 (plus road areas)

The Computer Freehold Register (titles) where available, forms Appendix Three.

4. The location of the proposed activity is as follows: Sumner Road from Lyttelton to Evans Pass, and the land forming the catchment above the road. Part of Gollans Bay Quarry. The extent of the application site within this area is shown on the plans in attached to the Proposal Description in Appendix One.

5. Other RMA consents required in relation to this activity:  The applications for all necessary resource consents are included in this document. This includes the resource consents applied for from Environment Canterbury as listed in the following application form.

6. Other relevant consents/authorisations required under the following acts1 in relation to this activity:  Land use consent, coastal permit, discharge permit and water permit consents from Environment Canterbury (covered in the same application documents)  Wildlife Act 1953  Heritage New Zealand Pouhere Taonga Act 2014 (which replaced the Historic Places Act 1993 on 20 May 2014)2 Exemptions for these works applicable under Reserves Act 1977 and Summit Road (Canterbury) Protection Act 2001.

7. In accordance with the Fourth Schedule of the Resource Management Act 1991, please find attached an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

8. The lodgement fee is provided as follows:

1 Exemptions for these works applicable under Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011, and Summit Road (Canterbury) Protection Act 2001.

2 Authorisation obtained (Global Archaeological Authority – Heritage NZ/NZHPT authority 2012/321eq)

iii

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

The lodgement fee should be invoiced directly to the applicant at the below address for billing. As Christchurch City Council is the applicant, the internal billing code of WBS 722/40135/15/01/02 should be referenced.

Joanne Pacey David McMahon Lead Consultant Planner Director Resource Management Group Limited Resource Management Group Limited On behalf of Christchurch City Council On behalf of Christchurch City Council January 2015 January 2015

Address for Service: Address for Monitoring and Billing:

Christchurch City Council Christchurch City Council C/- Resource Management Group Limited Infrastructure Rebuild Group PO Box 903 PO Box 73011 Christchurch Box Lobby CHRISTCHURCH 8154 CHRISTCHURCH Attn: John Mackie

Attention: David McMahon Phone: (027) 233 1917 Email: [email protected]

COUNCIL CHARGES: Resource Management Group Ltd accepts no liability for any Council costs or charges. All such invoices are to be sent to the Applicant’s address for billing.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

APPLICATION FOR RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991, AND SECTION 4 OF THE CANTERBURY EARTHQUAKE (RESOURCE MANAGEMENT ACT) ORDER 2011

TO: ENVIRONMENT CANTERBURY (see separate form for application to Christchurch City Council)

1. The Christchurch City Council applies for the following resource consents:

(a) Land Use Consent (s9) To store and use Hazardous Substances (Diesel fuel, explosives and lubricants).

(b) Land Use Consent (s9, s13) To undertake earthworks and vegetation removal  within and outside of riparian areas

 to disturb the bed of a river, deposit material, construct 2x bunds, use and maintain structure including a culvert.

(d) Discharge Permit (s15) To discharge a contaminant (explosives) into land which may result in a contaminant entering:  rivers  the Coastal Marine Area

(e) Discharge Permit (s15) To discharge construction phase stormwater:  to water including from an LLUR (‘not investigated’) site  into land  over land into the CMA

(f) Discharge Permit (s15) To discharge operational phase stormwater to water from an LLUR site

(g) Air Permit (s15) To discharge fugitive dust to air

(h) Coastal Permit (s12) Deposition in and occupation of the CMA  Deposition of material (incidental discharge of rocks) into the CMA.  Occupation of the CMA with buoys booms, and restriction of public access to CMA and foreshore.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

2. A description of the activity to which the application relates is: To undertake rock deconstruction works and road repair works as detailed in the appended application. In summary, these works entail:  Site setup works including construction of haul roads, site office areas, security buoys and fencing, and construction stormwater devices.  Site works including benching, scaling, breaking of rock by blasting, construction of bunds, storage of spoil, soil stockpile areas, road repair works, repair/reconstruction of retaining walls, and repair/reconstruction of stormwater system.  Site rehabilitation works including removal of access and haul roads (excluding Haul Road B which is to be retained).  Ongoing maintenance of the above described works. A full description of the proposal and site plans are provided in Appendix One. The Application is more fully described in the “Assessment of Effects” and numerous other plans and appendices attached to and forming part of this resource consent application.

3. The legal descriptions and names of the owners of land to which the application relates are as follows:

Owner Legal Description CT/Identifier Area (ha)

The Lyttelton Borough Council Part Lot 1 DP 25927 CB31B/11 25.7548 (CCC – Urumau Recreation Reserve)

Lyttelton Port Company Ltd Lot 1 DP 73874 CB42D/28 8.0937

Lot 1 DP 27278 CB42D/30 5.3916 (Above Road) Lot 4 DP 27278 CB34C/176 3.5210

Lyttelton Port Company Ltd Lot 1 DP 22486 CB32F/307 28.4305

Lot 2 DP 22486 CB3D/237 16.3003 (Below Road, including Quarry, excluding Coal Port) Lot 3 DP 22486

RS 4712

Lot 1-2 DP 19789 CB782/25 2.7094

RS 38444 CB1D/558 1.5403

Lot 1 DP 24783 CB6B/891 1.4063

Part RS 130 CB400/183 1.2393

Part RS 130 CB33F/102 0.2377

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Part RS 130 and Lot 1 DP CB782/26 8.6370 10880

RS 41609 CB25K/493 0.7895

Part RS 39684 CB9A/1217 2.4635

RS 41918 and RS 41877 CB27F/680 0.8100

Lot 2-4 DP 22486 and RS CB3D/237 16.3003 4712

(Quarry) Lot 1, Lot 5 and Part Lot 6 DP CB32F/307 47.8060 22486, Lot 5 DP 54492 and Part RS 55

Her Majesty the Queen Part Lot 1 DP 4462 CB23K/704 44.6325 (DoC – Tauhinu-Korokio Scenic RS 1963 (‘Gravel Pit’) CB23K/702 8.0937 Reserve)

(DoC – Buckleys Bay Scenic RES 276 (no title) 6.6902 Reserve) Lot 2 DP 27278 (no title) 0.5327

Lot 3 DP 27278 (no title) 2.2523

Christchurch City Council Part Lot 1 DP 4807 (no title) Nominal area of c 1ha (within (Scarborough Hill Reserve) a 214.4908ha property)

CCC administered roads including Sumner Road, Old Sumner- (no titles) Unknown Lyttelton Road, part of Gollans Bay Quarry.

Total site area: 234.6326 (plus road areas)

The Computer Freehold Register (titles) where available, forms Appendix Three.

vii

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

5. Other RMA consents required in relation to this activity:  The applications for all necessary resource consents are included in this document. This includes the resource consents applied for from Christchurch City Council as listed in the preceding application form.

6. Other relevant consents/authorisations required under the following acts3 in relation to this activity:  Land Use consent from Christchurch City Council (covered in the same application documents)  Wildlife Act 1953  Heritage New Zealand Pouhere Taonga Act 2014 (replaced the Historic Places Act 1993 on 20 May 2014)4  Exemptions for these works applicable under Reserves Act 1977 and Summit Road (Canterbury) Protection Act 2001

8. The lodgement fees are provided as follows:

ECan applications; a combined fee of $14,168 is provided by CCC Purchase Order 4500366578 (GST included)

3 Exemptions for these works applicable under Reserves Act 1977 and Summit Road (Canterbury) Protection Act 2001.

4 Authorisation obtained (Global Archaeological Authority – Heritage NZ/ NZHPT authority 2012/321eq)

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Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Address for Service: Address for Monitoring and Billing:

Attention: Joanne Pacey Phone: (03) 962 1801 Email: [email protected] or [email protected]

COUNCIL CHARGES: Resource Management Group Ltd accepts no liability for any Council costs or charges. All such invoices are to be sent to the Applicant’s address for billing.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

TABLE OF CONTENTS 1 INTRODUCTION ...... 1

OVERVIEW...... 1 BACKGROUND ...... 2 CONSIDERATION OF ALTERNATIVES ...... 3 CONSULTATION ...... 4 2 PLANNING FRAMEWORK ...... 6

CONTEXT ...... 6 RECOVERY STRATEGY ...... 6 LAND USE RECOVERY PLAN (LURP) ...... 7 GREATER CHRISTCHURCH TRANSPORT STRATEGY (GCTS) ...... 8 CANTERBURY REGIONAL LAND TRANSPORT STRATEGY 2012-2042 (CRLTS) ...... 8 LYTTELTON MASTERPLAN ...... 8 (DRAFT) LYTTELTON PORT RECOVERY PLAN (LPRP) ...... 9 DISTRICT AND REGIONAL PLANS - OVERVIEW ...... 10 3 THE EXISTING SITE AND ENVIRONMENT ...... 12

INTRODUCTION ...... 12 LAND OWNERSHIP ...... 12 LAND USE ...... 13 GEOLOGY AND GEOMORPHOLOGY ...... 14 LANDFORM AND LANDSCAPE ...... 14 TRAFFIC ...... 15 ECOLOGY ...... 15 SURFACE WATER AND GROUND WATER ...... 16 COMMENT ON EXISTING STORMWATER SYSTEM ...... 16 4 PROPOSAL ...... 17

OVERVIEW...... 17 SUMMARY OF WORKS ...... 17 5 DISTRICT PLAN COMPLIANCE ASSESSMENT ...... 19

CONTEXT ...... 19 COMPLIANCE ASSESSMENT – CHRISTCHURCH CITY PLAN ...... 19 COMPLIANCE ASSESSMENT - BANKS PENINSULA DISTRICT PLAN ...... 20 OVERALL COMPLIANCE ASSESSMENT ...... 22 6 REGIONAL PLAN COMPLIANCE ASSESSMENT ...... 23

CONTEXT ...... 23 CONSENTS REQUIRED ...... 23 COMMENT ON RULES AND ASSESSMENT ...... 24 7 STATUTORY CONSIDERATIONS ...... 26

CANTERBURY EARTHQUAKE (RESOURCE MANAGEMENT ACT) ORDER 2011 (OIC, OR OIC ACT) ...... 26 RESOURCE MANAGEMENT ACT 1991 ...... 27 8 ASSESSMENT OF ENVIRONMENTAL EFFECTS ...... 33

INTRODUCTION ...... 33 POSITIVE EFFECTS ...... 35 EFFECTS ON ECOLOGY ...... 37 TRANSPORTATION EFFECTS ...... 39 ENVIRONMENTAL HEALTH EFFECTS (NOISE/VIBRATION/GLARE/HAZARDOUS SUBSTANCES/DUST) ...... 41 LANDSCAPE AND VISUAL EFFECTS ...... 43

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

WATER QUALITY EFFECTS (INCLUDING EROSION AND SEDIMENT CONTROL) ...... 45 EFFECTS ON MARINE ECOLOGY AND THE MARINE ENVIRONMENT ...... 48 OTHER EFFECTS ...... 49 CONCLUSION ON ALL EFFECTS ...... 50 9 MANAGEMENT PLANS AND CONDITIONS ...... 51

OVERVIEW...... 51 APPROACH ...... 51 CERTIFICATION OF MANAGEMENT PLANS ...... 52 MANAGEMENT PLAN FRAMEWORK ...... 52 CONDITIONS ...... 55 10 ASSESSMENT OF OBJECTIVES AND POLICIES ...... 56

CHRISTCHURCH CITY COUNCIL APPLICATION ...... 56 ENVIRONMENT CANTERBURY APPLICATIONS ...... 59 CONCLUSION ...... 69 11 S104 MATTERS ...... 70

CONTEXT ...... 70 OTHER REGULATIONS ...... 70 NATIONAL POLICY STATEMENTS...... 71 NZ COASTAL POLICY STATEMENT ...... 72 REGIONAL POLICY STATEMENT ...... 73 12 CONSULTATION ...... 75 13 PART 2 MATTERS ...... 77

SECTION 5 - PURPOSE ...... 77 SECTION 6 - MATTERS OF NATIONAL IMPORTANCE ...... 78 SECTION 7 - OTHER MATTERS ...... 78 SECTION 8 - TREATY OF WAITANGI ...... 80 14 CONCLUSION ...... 81

Annexure: Assessment of Effects on the Environment, containing the following appendices:

Appendix One: Proposal Description Attachment 1 Plans: 1. Site Plan – works areas and land ownership 2. Design Plans 3. Rock Deconstruction Works (Nine areas) 4. Road – Long, Horizontal and Vertical Sections 5. Plan – Works Areas and Hazard Zones Attachment 2 Management Plan Framework Attachment 3 Methodology (prepared by Aurecon) Attachment 4 Key Figures

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Appendix Two: Regional and District Plan Compliance Tables Appendix Three: Computer Free Hold Register (Certificates of Title) Appendix Four: Project Information Leaflet (PIL) (12 January 2015) Appendix Five Statements of Consultation and Consultation Responses Appendix Six: Key Photos (additional photos included in application CD) Appendix Seven: Listed Land Use Register details Appendix Eight: Construction Environmental Management Plan (CEMP) Appendix Nine: Landscape Assessment of Environmental Effects Landscape Management Plan (SEMP 1) Appendix Ten: Archaeological Statement (including Archaeological Management Plan (SEMP 9)) Appendix Eleven: Transportation Assessment of Environmental Effects Construction Traffic Management Framework (SEMP 2) Appendix Twelve: Environmental Health Effects Assessment Construction Noise and Vibration Management Plan (SEMP 3) Hazardous Substances and Contaminated Land Management Plan (SEMP 8) Appendix Thirteen: Dust Effects Assessment Dust Management Plan (SEMP 4) Appendix Fourteen: Assessment of Environmental Effects for Erosion and Sediment Erosion and Sediment Control Plan (SEMP 5) Appendix Fifteen: Assessment of Ecological Effects Ecology Management Plan (SEMP 6) Appendix Sixteen: Lizard Management Plan (SEMP 7) Appendix Seventeen: Press Article – Truck Crash at Governors Bay Appendix Eighteen: Volunteered Conditions Appendix Nineteen: Explosives Specifications Appendix Twenty: Ōhinehou/Lyttelton Ecological Restoration Planting Plan Appendix Twenty Lizard Translocation Permit (issued by Department of One: Conservation, 4 Dec 2014)

xii

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

1 INTRODUCTION

Overview 1.1. This assessment is provided in accordance with the requirements of Section 88 and the Fourth Schedule of the Resource Management Act 1991. The application is made by the Infrastructure Rebuild Group (IRG) of the Christchurch City Council, formerly known as the Capital Programme Group (CPG). 1.2. The report has been prepared in support of the earthquake recovery project to reopen Sumner Road, entailing works to mitigate risks from geotechnical hazards above the road, and repair of retaining wall structures, the existing stormwater system and the road surface. This is in order to allow for the reopening of the road to the public. The project is recognised in the Land Use Recovery Plan (LURP), which anticipates that the works will be completed by the end of 2015. 1.3. The project requires multiple consents from CCC and Environment Canterbury (ECan) as required under the Resource Management Act 1991 (RMA) and the relevant district and regional plans. The consents required are for:  Land use (under s9, s13 of the RMA),  Water permits (s14),  Air and water discharge permits (s15), and a  Coastal permit (s12) 1.4. A full list of consent details is provided in the Compliance Tables provided in Appendix Two. 1.5. The relevant district and regional plans are:  Christchurch City Plan (CCP)  Banks Peninsula District Plan (BPDP)  Natural Resources Regional Plan (NRRP)  (Proposed) Land and Water Regional Plan (Decisions version 20 Jan 2014) (pLWRP)  Land and Vegetation Management Regional Plan – Part II – Port Hills (LVMRP)  Regional Coastal Environment Plan (RCEP) 1.6. Consent is also required for activities under s87B of the Resource Management Act, in the situation where Part 3 of the RMA requires consent and a plan is silent on an activity, or when a plan assigns no activity status but requires consent. In those instances, discretionary activity consent is required. 1.7. Although not covered within this report, authorisations are/may be required under the following legislation:  Summit Road (Canterbury) Protection Act 2001; and  the Wildlife Act 1953 for the handling of lizards 1.8. The Summit Road (Canterbury) Protection Act 2001 generally requires that works (including

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

“moving, removing, or heaping up more than 10 cubic metres of spoil”) within the area protected by that act requires approval from the Summit Road Protection Authority. However, an exception applies if the works are carried out for the purpose of “repairs to, or reconstruction of, a road to make it usable after a slip, subsidence, or other damage resulting from natural causes” (section 12(3)(b)). The proposed works therefore accord with this exception. Notwithstanding this, the Summit Road Protection Authority has been contacted, and has both verbally and in writing, advised of their support of the project on the basis of the short duration of works, and limited impact on the landscape within the SRPA area. Details of this are outlined in Section 12 and Appendix Five of this report. 1.9. With regard to DoC, although there is an exemption for the works in a reserve under the Reserves Act5, permits for both translocation and handling of lizards are required under the Wildlife Act 1953. As of January 2015, the translocation permit had been obtained, but although applied for a Wildlife Permit is yet to be issued as it is subject to further investigation into the presence of particular lizard species. 1.10. It is noted with regard to the former Historic Places Act 1993, that the works are able to occur under an existing ‘global’ Archaeological Authority (authority 2012/321eq) issued by the New Zealand Historic Places Trust (now Heritage New Zealand). 1.11. The details of the proposal are described within the Proposal Description attached in Appendix One. The Proposal Description also includes a methodology for source rock risk mitigation works, design and layout plans prepared by Aurecon, and plans showing the details as known for the pre-quake road route. 1.12. This report concludes that consent is able to be granted to this project under the provisions of the relevant district and regional plans, and under the terms of the Resource Management Act.

Background 1.13. Aurecon (in their Stage 1 report to CCC) have also outlined the earthquake history for the area as follows: ‘Before the September 2010 earthquake, Sumner Road was used as an alternative lifeline route between Lyttelton and Christchurch. It was used by hazardous goods and oversized vehicles which could not use the tunnel between the Port and Christchurch City.

During the 4 September 2010 earthquake and subsequent aftershocks, some rockfall occurred on and above the Sumner Road, damaging the pavement and compromising the route resulting in road closure for three months while remediation works were undertaken to re-open the road. The road was re-opened in December 2010.

During the 22 February 2011 earthquake there was a large amount of rockfall from the slopes above the road, which caused severe damage to the entire length of road. The road was closed due to excessive rockfall covering the road. A number of sections of the road had also fallen away due to the impact of falling boulders. After the February earthquakes some remediation was undertaken, to clear rocks sufficient to free a fuel tanker which was trapped by falling rock during the earthquake. Some rock stabilisation

5 See clause 5 of the Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011, which provides for the repair and renewal of council infrastructure required as a result of the quakes.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

was also initiated at Windy Point. The road was subject to various pavement and retaining wall inspections to ascertain what level of work was required to re-open the road.

In the 13 June 2011 earthquake there was significantly more rock fall causing additional damage to the road. The slopes above the road were considered to be to too unstable for safe access to clear the road which has remained closed.

There is evidence of historic rockfall on the slopes as some of the talus fields beneath the large bluffs show older rock fall deposits.’

1.14. As access to Sumner Road is presently restricted by a CCC temporary Road Closure due to rockfall risk, the project is to be undertaken in two distinct phases. Initially the works will be the source rock risk mitigation works above Sumner Road to then allow access to the road below, to then undertake the road repair and reconstruction works in a second phase. 1.15. The project to reopen Sumner Road has been directed by the Canterbury Earthquake Recovery Authority (CERA) under the Land Use Recovery Plan (LURP). Prior to the earthquakes, the Sumner Road was a key route between Christchurch and Sumner, particularly for oversized vehicles and vehicles carrying specified hazardous substances to Lyttelton Port that were otherwise unable to use the road tunnel. The LURP acknowledges the strategic importance of the road to long-term port operations, noting that by 2028, the port will need to accommodate a significant increase in container and other traffic (para 3.2.4, LURP), and the ability of the road network to transport freight efficiently and to avoid unnecessary cost is essential (para 4.4.3, LURP). It is noted that the LURP anticipates the reopening of Sumner Road to be completed by the end of 2015 as indicated on Map 15, however where works begin in 2015, the project is more likely to be delivered by the end of 2018 . The works will be undertaken as quickly as possible over a likely 36 month period. 1.16. The project is also supported and anticipated under the Greater Christchurch Transport Strategy (GCTS), the Regional Transport Strategy (RTS) and Lyttelton Masterplan, as outlined in Section 2 of this report.

Consideration of Alternatives 1.17. The option for the project as set out in this application was originally developed by BECA in a report to Christchurch City Council in April 2012, and outlined eight options available to reopen the road to over-dimensioned and dangerous good vehicles. The options included closing Sumner Road and upgrading Dyers Pass or Gebbies Pass or providing a new road over the hills, closing Sumner Road, re-opening Sumner Road with a rock shelter, or containing rocks with bolting and mesh, clearing/repairing the road and reopening, or re-opening the Sumner Road with benching to the bluffs. The report weighted each option against the project objectives (transport, resilience, tourism/recreation and constructability), environmental objectives (RMA consentability, visual impact, heritage, social impact, ecological/habitat, economics) and costs (construction and maintenance). 1.18. The current engineering solution – as detailed in this application - was developed from Option H in that report. The solution was then shortlisted as one of the ‘preferred options’ developed by OPUS, and the option was further investigated by Aurecon and developed into the current engineering solution to provide a road to pre-quake Level of Service (LOS) for public thoroughfare while also minimising costs. 1.19. Upon selection of the preferred option, Aurecon was engaged by CCC to develop the scope

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

of geotechnical works required to mitigate the risk form source rock hazards for the project; initially assessing the risk, then developing the associated engineering concepts. The methodology has been developed, and is outlined in the Aurecon Methodology Report, provided as Attachment 3 to Appendix One. 1.20. Despite the likely public interest in these works, the design is a technical engineering solution, and it would therefore be misleading to engage the community in a way that suggests that they could influence the technical design aspects of the project. This is due to the highly technical nature of the work which relates to the mitigation of risk from geotechnical hazards in order to return the route to pre-quake LOS with the minimum of work. There is no scope (or budget) for betterment.

Consultation 1.21. This application is made under the Order in Council provisions of the Canterbury Earthquake (Resource Management Act) Order 2011, which provides for a non-notified consenting process to expedite earthquake recovery projects. Section 10 of the OIC Act states that upon receipt of an application, consent authorities can undertake consultation with parties they consider may be adversely affected. 1.22. In order to inform the consultation that may be required at that stage, and to assist with the timely processing of the applications, RMG and CCC/IRG have undertaken consultation with the following directly affected parties:  Christchurch City Council (in a Reserves Act capacity)  Lyttelton Port Company  Department of Conservation  Ngati Wheki (Rapaki Runanga)  Ngai Tahu  Summit Road Protection Authority  Community Boards for the Wards: Hagley/Ferrymead and Lyttelton /Mt Herbert  Councillors for the two Wards: Yani Johansen and Andrew Turner  Lyttelton Harbourmaster  ECan Consent Planners  CCC Consent Planners

1.23. Consultation was not undertaken with CERA as they have shown their support for the project through its inclusion in the LURP, and as a funding partner (under the Capital rationing process), requesting a written comment from CERA was not considered to be appropriate. 1.24. In addition to the above consultation, on 12 January 2015, the CCC issued a Public Information Leaflet (PIL) advising the general public of the key details of the project. A copy of the PIL is provided in Appendix . The leaflet was sent by email to every community group that CCC has details for, and also other individuals and organisations with an interest in transport. The email requested that the leaflet be passed on to members of those groups,

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

and other potentially interested parties. Leaflets are also generally available in libraries from 12 January 2015. No feedback was specifically sought in the PIL. 1.25. The details of the consultation are set out in Section 10 of this report, with the Statements of Consultation along with responses received, attached in Appendix Five.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

2 PLANNING FRAMEWORK

Context 2.1 The significance of Sumner Road is highlighted in Section 1 of this application and explained further in the proposal description (Appendix One). In essence, the need for strategic transport links, such as Sumner Road for freight and access including those associated with the operation of the Lyttelton Port, is identified in the following six statutory documents:  the Recovery Strategy for Greater Christchurch (the Recovery Strategy),  the Land Use Recovery Plan (LURP)  the Greater Christchurch Transport Strategy (GCTS) and  Canterbury Regional Land Transport Strategy 2012-2042 (CRLTS)  Lyttelton Masterplan  Draft Lyttelton Port Recovery Plan (LPRP) 2.2 An understanding of how these documents deal with Sumner Road provides a useful context for understanding the strategic importance of the link and its reinstatement.

Recovery Strategy 2.3 The Recovery Strategy, prepared by CERA under the Canterbury Earthquake Recovery (CER) Act, became operative on 1 June 2012. It is a statutory document and must be read in conjunction with, and form part of, other relevant legislation within the Greater Christchurch area. The Recovery Strategy states that the Christchurch City Plan (including the Banks Peninsula District Plan) and Regional Plans (along with other relevant statutory documents) must not be interpreted or applied in a manner inconsistent with the Recovery Strategy. However, only Sections 3-8 of the Recovery Strategy have statutory effect. 2.4 Section 4 (Visions and Goals for the Recovery) identifies the recovery vision for Greater Christchurch, including supporting goals relating to six recovery components. The following goals are of relevance to the current application: Economic Recovery - Revitalise greater Christchurch as the heart of a prosperous region for business by:  restoring the confidence of the business sector to enable economic recovery and growth.

Built Environment - Develop resilient, cost effective, accessible and integrated infrastructure, buildings, housing and transport networks by:  prioritising infrastructure investment that effectively contributes to the economy during recovery and into the future;  rebuilding infrastructure in a resilient and cost-effective manner;  developing a transport system that meets the changed needs of people and businesses and enables safe travel choices;  drawing on sound information about ongoing seismic activity and environmental constraints, including other natural hazards.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

2.5 Section 5 of the Recovery Strategy identifies a number of priorities that address and promotes social, economic, cultural and environmental wellbeing, including:  permanent repair or rebuilding of infrastructure in areas identified for redevelopment and development in the short to medium term. Strategic infrastructure includes major transports routes and public transport services. 2.6 The Sumner Road represents a major transport route for the Greater Christchurch area, and its reinstatement is anticipated by the provisions of the Recovery Strategy.

Land Use Recovery Plan (LURP) 2.7 The LURP was gazetted on 6 December 2013 and establishes land use policies and rules to assist rebuilding and recovery that have been disrupted by the Canterbury Earthquakes while achieving the goals of the Recovery Strategy. Essentially the LURP is the key vehicle for implementing the Recovery Strategy. The relevant provisions of the LURP as they relate to this project are: 3.2.4 What are the land use issues for transport?  Lyttelton Port will need to accommodate a significant increase in container and other traffic. The increased activity will need to be supported by effective freight networks.  To repair and replace the transport network within Christchurch City.

3.2.5 How do natural hazards need to be managed?  Ongoing research and investigations to improve understanding of seismic risk and consequences of susceptibilities of rock fall, cliff collapse, landslide and land damage.

3.3 Land Use Recovery Plan outcomes  An efficient freight network providing for the needs of freight transport, particularly in relation to Lyttelton Port.

4.4.3 Support strategic transport networks and freight  Lyttelton Port represents a strategic infrastructure of national significance, enabling international and domestic freight. The Port’s ability to operate 24 hours a day and expand over time is essential for the full social, economic, cultural and environmental recovery of Christchurch. It is essential that the transport and movement of freight to and from the Lyttelton Port is efficient and reliable so that unnecessary costs and delays are avoided. The reopening of Evans Pass/Sumner Road is anticipated to be delivered by 2016.

Action point 40  To ensure the rebuilding of a strategic freight network that provides for distribution and servicing needs for businesses to, from and within the metropolitan Christchurch area. 2.8 On the above basis it is clear that the LURP acknowledges the strategic importance of the Sumner Road to long-term port operations. Specifically it notes that by 2028, the Port will need to accommodate a significant increase in container and other traffic (section 3.2.4, LURP), and the requirement of the road network to transport freight efficiently while avoid unnecessary cost (section 4.4.3, LURP). Most importantly the LURP envisages that the reopening of Sumner Road will be delivered by 2015 (Map 15, LURP).

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Greater Christchurch Transport Strategy (GCTS) 2.9 The purpose of the GCTS is to provide an overarching framework to enable a consistent, integrated approach to planning, prioritising, implementing and managing the transport network and services in the Greater Christchurch area. Furthermore, the statement is a response to the Recovery Strategy goal of developing a transport system that will meet the future needs of people and businesses. 2.10 Like the LURP, the GCTS was signed in December 2012 and commits the signatories6 to a comprehensive plan for the repair and placement of the transport network post- earthquakes. The GCTS specifically identifies Lyttelton Port access as a pressing transport issue requiring action in the short term. The GCTS outcomes relate to sound transport decisions and investment vital in ensuring Greater Christchurch flourishes, including:  access to Lyttelton Port;  re-opening of Evans Pass (Sumner Road) for over-dimension and hazardous goods movement;  the repair and development of Lyttelton Port.

Canterbury Regional Land Transport Strategy 2012-2042 (CRLTS) 2.11 The CRLTS is prepared under the requirements of the Land Transport Management Act 2003, as amended by the Land Transport Management Amendment Act 2008, and sets the strategic direction for land transport within the Canterbury region over a 30 year period. 2.12 The key issues and challenges for the region are identified as including earthquake recovery, supporting freight and the economy, network security, and improving road safety for all users. These matters have direct relevance to the Sumner Road Reopening Project. 2.13 The objectives of this strategy include a resilient transport system, safety for all users, and assisting economic development and improved accessibility. Of note is the section on the ‘Role of Strategic Transport Networks’ (from p20 of the CRLTS) where it is noted that Sumner Road – along with the Ferrymead-Redcliffs-Sumner route is a Strategic Road to Lyttelton Port. In that respect, the strategy places an emphasis on the repair of strategic routes in the short term which it identifies as a 1-3 year time period.

Lyttelton Masterplan 2.14 The Lyttelton Masterplan was adopted by CCC in June 2012, and sets out the community- agreed vision for the Lyttelton township, and the critical actions to achieve it. The preparation of the Masterplan included extensive public engagement including multiple focus groups, public meetings, workshops and presentations, to ensure that the community’s values, needs, aspirations and priorities were addressed. 2.15 Of relevance to the Sumner Road Reopening Project, are goals and actions that promote the following:  Goal 2. Alternative Port access investigations and public access to the inner harbour

6 The signatories include the New Zealand Transport Agency, the Ministry of Transport, CERA, Selwyn District Council, Christchurch City Council, Waimakariri District Council, Environment Canterbury, Christchurch International Airport, Lyttelton Port Company and KiwiRail.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

waterfront (Investigate access for alternate access to the Lyttelton Port of Christchurch.)  Goal 4. Ensuring route security (The transport network will be developed to become more resilient in emergencies to secure access to the town.) o Action (M2) Heads of Agreement to facilitate resolution of Port and inner harbour waterfront access-related issues o Action (M6) Access to and from Lyttelton  Goal 7. Build the capacity of community facilities and services o Action (C9) Emergency preparedness 2.16 Action M2 includes the further action ‘to provide for geotechnical assessment of the ground to ensure its suitability for providing alternative port access’. 2.17 Action M6 is fully detailed on p56 of the Masterplan, providing a background to the issues faced including the present lack of route resilience for access to and from Lyttelton post- quake; and includes the following statement: ‘It is critical all existing and future infrastructure is resilient in emergency events. Access to Lyttelton and the Port are also considered as part of the city-wide recovery planning, as well as longer term strategic planning, e.g. in the Christchurch Transport Plan.’ 2.18 In the ‘Immediate/Short Term’, there is emphasis on undertaking investigations to achieve ‘Route security in emergency, particularly earthquake, events.’ 2.19 Action C9 (p89) notes the vulnerabilities of Lyttelton as accentuated by the quakes, road access which is limited and vulnerable to rock fall and the lack of a petrol station within the township. 2.20 Overall, the Lyttelton Masterplan is supportive of re-providing the Sumner Road connection for both commercial accessibility and route resilience purposes, and this corresponds with the Lyttelton community’s values, needs, aspirations and priorities.

(Draft) Lyttelton Port Recovery Plan (LPRP) 2.21 The draft LPRP is presently under development, with the intention to provide the Port with certainty about repairs, rebuilding and reconfiguring its operations post-quake. The LRPR documentation presently consists of a package of information provided by the Lyttelton Port Company (LPC) to ECan in November 2014, with the next step being that ECan prepare a preliminary draft LRPR for consultation in April 2015, including a hearing scheduled for June. It is anticipated that the resultant draft LPRP will be provided to the Minister of Canterbury Earthquake Recovery by mid-August 2015 for public notification, invitation for written comments from the public and then a decision. 2.22 The draft LPRP addresses the recovery of the port within the area owned, occupied or used by the LPC, including areas of land under separate ownership at Norwich Quay, and areas of the Coastal Marine Area. The ECan website notes that during the development of the plan, other land or areas may be included in the plan if ECan considers this necessary. 2.23 The LPRP does not include the re-opening of the Sumner Road, as detailed within this

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

application, although does state that “identified changes to the network include the reopening of Sumner Road by the CCC to its pre- quake level of service by the end of 2016’7. Further to this, the LPRP recommends ‘that appropriate agencies note the various transport infrastructure requirements and plan for the implementation of these improvements at the appropriate stage”8. 2.24 Parts of the LPRP that have links with the Sumner Road include mention of the repair of the lower haul road and upper haul road9 located between the Port and the Quarry (to the south/downhill from Sumner Road). 2.25 Quarry operation and Sumner Road enabling works10 are also covered, where LPC note that a 2011 consent to extend the excavatable quarry area has not yet been exercised due to rockfall hazards associated with Sumner Road. The LPRP noted that is Sumner Road were not to be opened, safe access along LPC haul roads would be possible in order to take rock from the quarry. 2.26 The Sumner Road Reopening Project is considered in the LPRP as one of five ‘Whole of Project Risks’11, as the on-going closure of this road is an ongoing risk to the Port’s resilience. The restriction on access to rock hard-fill at the quarry as a result of the instability of bluffs above Sumner Road is identified as a second whole-of-project risk. This is because the rockfall risk prevents access to the key raw material supply which was intended to provide a substantial component of reclamation fill, and for the rebuild and repair of wharf structures.

District and Regional Plans - Overview 2.27 The planning framework administrated by both the Christchurch City Council and Environment Canterbury have recently been amended by the LURP that was gazetted on 6 December 2013. The LURP directs changes to the Christchurch City Plan (including the Banks Peninsula District Plan) and the Canterbury Regional Policy Statement (among other regional documents). In considering any application for resource consent, consent authorities must not interpret or apply the provisions of the gazetted amendments in a manner inconsistent with the Recovery Strategy. 2.28 It is within this planning framework that the proposal must be assessed in terms of the following regional and district planning documents:

Regional Planning documents  Natural Resources Regional Plan (NRRP);  (Proposed) Land and Water Regional Plan (decisions version notified 20 January 2014);  Land and Vegetation Management Regional Plan – Part II – Port Hills (LVMRP); and  Regional Coastal Environment Plan (RCEP)

7 LPRP Summary, section 7.7.2 8 LPRP Summary, section 7.7.5 9 LPRP Appendix 2, sections 3.4 and 3.5 10 LPRP Appendix 2, section 3.6 11 LPRP Summary, section 3.2

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

District Planning documents  Christchurch City Plan (the City Plan); and  Banks Peninsula District Plan (the District Plan).

2.29 The Land and Water Regional Plan (pLWRP) is subject to a number of outstanding appeals (some of which relate to the plan in its entirety) to the Environment Court and subsequently, it is not yet operative. Any consideration to the provisions of the LWRP therefore becomes a matter of weighting against the provisions of the current operative plan - i.e. the NRRP. 2.30 The remaining planning documents listed above are fully operative. At the time of lodging this application, there are no other outstanding plan changes or variations that have any impact upon the proposal.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

3 THE EXISTING SITE AND ENVIRONMENT

Introduction 3.1 The site which is subject to this application consists of the road corridor and the land above and below the road required for source rock risk mitigation works and operations. The corridor and the slopes are located on the southern side of the Port Hills, within the Lyttelton Harbour crater between Lyttelton and the Evans Pass summit. The site consists of multiple land parcels in the ownership of CCC, LPC and DoC. 3.2 The site is generally steeply sloped, from the top of bluffs along the crater rim, down to the Coastal Marine Area (CMA). The area is uninhabited and presently generally inaccessible. Aside from recreationists, the use of the area is otherwise dominated by the operation of Lyttelton Port. 3.3 Pre-quake, the road provided a strategic link for Lyttelton Port, along with a connection between Lyttelton and Sumner. The road, although relatively narrow, was the preferred route for the port for oversized vehicle or vehicles carrying specified hazardous substances that were otherwise unable to use the Lyttelton road tunnel. The bluffs above the road were also thought to be relatively stable, with occasional rockfalls cleared away along with any necessary road repairs, but otherwise there was minimal maintenance. 3.4 As previously noted, access to Sumner Road is presently restricted by CCC (as a Temporary Road Closure) due to significant risk of rockfall risk. The geotechnical hazards have limited access to the site and as a result, not all of the site has been able to be fully assessed from the ground; where safe to do so the area has been investigated on foot, however Aurecon have undertaken helicopter site visits and provided high-definition photos of the remainder of the site area. 3.5 Key photos are in Appendix Six. The digital copy of this application has additional photos.

Land Ownership 3.6 The landownership of the site is summarised in the two ‘Form 9’s’ to which this report is appended, with titles provided in Appendix Three. 3.7 The three landowners and their land holdings are broadly described as follows:  The Crown (Department of Conservation): Buckleys Bay Reserve and Tauhinu Korokio Scenic Reserve – both located above Sumner Road from the central to the eastern end of the site.  The CCC: Urumau Reserve, being the area in pine forest above Sumner Road, at the western end of the site, an area of land within Gollans Bay Quarry, and Scarborough Hill reserve. Roads within the site are also administered by CCC.  Lyttelton Port Company Limited: The remaining areas of land including three land parcels above the road between Urumau Reserve and Buckleys Bay Scenic Reserve, and all remaining land (excluding esplanade strips) below Sumner Road within the project site. The Lyttelton Port Company Limited also owns the Gollans Bay Quarry. 3.8 Land ownership with reference to the project works is also shown on the site plan attached to the Proposal Description, as Attachment 1.1 in Appendix One.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Land Use 3.9 The site is predominately zoned ‘Rural’ in the BPDP, with the western end of the site subject to a ‘Port Environs’ overlay which effectively restricts sensitive activities from establishing in that area, to protect the operations of the coal port, and rest of the port activity. The land use above Sumner Road from west to east, comprises of:  Urumau Reserve (administered by CCC) covered with well-established pine forest,  a lightly vegetated strip of land owned by Lyttelton Port Company,  more densely vegetated Buckleys Bay Reserve administered by DoC, and  the bluffs area which forms part of DoC administered Tahinau Korokio Scenic Reserve. 3.10 Sumner Road is two-lanes wide and, depending on the section of the road, is either cut into the hillside, or built up with retaining walls. The additional space to the sides of the marked road includes some laybys and stormwater drainage. The downhill side of the road typically has a low rise wall made from both local rocks and concrete. 3.11 Below the road, the areas forming part of the project site are:  the Gollans Bay Quarry,  the land owned by LPC which extends down to the coast,  Old Sumner Lyttelton Road (for temporary rockfall protection for the coal port), and  the Coastal Marine Area (for the installation of security buoys). 3.12 The Gollans Bay Quarry is listed on ECan’s Listed Land Use Register (LLUR) as a ‘not investigated’ landfill site. The site has been formerly used by the Lyttelton Harbour Board as a private tip over a 30 year period prior to 1987. There is very little information available regarding this site, such as the precise location of the former landfill, although the LLUR record indicates the dump area was over a length of 50m below the quarry face. There is no further information on the nature of the dumped material. It is also noted that the site received earthquake rubble after the recent earthquakes, and it is likely that the site contains other dumped material from the port company and other parties prior to the quakes. A copy of the LLUR property report is provided in Appendix Seven. 3.13 Within the site, and in particular atop the crater rim bluffs at the north of the project site, are two recreational areas; namely:  a section of the Crater Rim Walkway (CRW) and  the Greenwood Park Mountain Bike Track (GPMBT). 3.14 Part of the works involves temporary realignment of the CRW outside of the security fenced area, and reinstatement of the walkway post-works. The GPMBT would also require realignment of approximately 200m of track to keep it outside the project area. 3.15 Other uses in the vicinity include the Lyttelton Coal Port which is located below the western parts of the site, and has not been included in the project area. Nearest ‘other’ uses include the residential areas within Lyttelton over the western ridgeline from the main works area, Sumner approximately 950m to the east of Evans Pass, and the residential areas of Purau, Diamond Harbour and Church Bay approximately 2.5 to 4km to the south across the harbour. To the east, Godley Head contains a farm leased from the CCC. 3.16 With regard to infrastructure, aside from the earthquake damaged roads and associated stormwater system, there are no other services known to run through this site.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Geology and Geomorphology 3.17 The geological and geomorphological features are described by Aurecon in their Stage 1 report to CCC, as follows: ‘The geology of the site and its surrounding area are shown on the Institute of Geological and Nuclear Science (GNS) Geology of Banks Peninsula maps. The map shows the bedrock is ‘Dark grey to black, hawaiite with minor basalt, mugearite, and grey-green trachyte lava flows. Interbedded pyroclastic and epiclastic deposits including lahars. Numerous basalt to trachyte radial dikes, some feeding endogenous domes.’ (Sewell, R.J., et al, 1992). The bedrock is part of the Lyttelton Volcanic Group. There is a fine layer of wind-blown silt deposits (loess) overlaying the bluffs at the top of the hill. To the western side of the site the lower slopes above the road are a mixture of loess and colluvium deposits approximately 1m to 2m thick. There are a number of geomorphological features on the site with a brief summary presented below.  In the eastern area there are near vertical continuous bluffs largely comprising columnar jointed larva extending for 600 m to 700 m above the road. The lava flow dips at about 20 degrees to the north east and so the columns tilt slightly back into the slope which stretches the whole length of the road.  The central area comprises a basin feature with continuous bluffs along its ridge line and two main gullies funnelling into the middle point. The upper bluffs are similar in geology to those in the eastern area. There are also small insitu rock outcrops across the slope.  In the western area with the forest plantation, there are multiple discontinuous bluffs across the slope. 3.18 The steep topography and presence of extensive rock bluff/outcrop means that much of the road is vulnerable to hazards including cliff collapse, boulder flux and isolated boulder rolls.

Landform and Landscape 3.19 The landform and landscape is fully described in the Landscape AEE provided by Andrew Craig, attached to this report in Appendix Nine. To summarise, the site is characterised by the bluffs and the steep inner slopes of the Lyttelton Harbour caldera. The cliff faces show the volcanic origin of the site more clearly, as the less steep slopes are often heavily vegetated hiding the landform – for example in the Buckleys Bay Scenic Reserve. 3.20 This site is considered to have a ‘moderately high’ degree of naturalness overall, however the naturalness is considered to be ‘high’ between the pine plantation and Evans Pass. 3.21 The landform of the Gollans Bay Quarry reflects the extensive quarrying that has been undertaken in that area for over 100 years. The landform comprises of a series of benches, substantially modifying the location which is of a relatively significant scale in the context of the surrounding natural landform. 3.22 The visual catchment for the site includes those areas lying across the harbour from the site being Black Point to Camp Bay, views from the water from boats, and points within the site to other parts of the site. Views toward the site from Lyttelton Township are obscured by a prominent ridgeline, however there will also be other vantages from around the harbour basin toward the site.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Traffic 3.23 The traffic environment is outlined within the Transport Assessment of Environmental Effects prepared by Novo Group and provided as Appendix Eleven to this application. 3.24 Prior to the earthquake, Sumner Road was used by the general public as a connection between Summit Road, Sumner and Lyttelton, and by heavy vehicle accessing Lyttelton port that were not able to use the Lyttelton Road Tunnel. As a result of the earthquakes, the road has been closed since February 2011 which has ceased all traffic along this route.

Ecology 3.25 The Ecological AEE attached in Appendix Fifteen provides a comprehensive description of the ecology of the Port Hills Ecological District (ED), and more specifically, to the project site. 3.26 To summarise the ecology of the area, the ED once was covered in podocarp forest which is now almost eradicated by human settlement, with more recent domination by grasslands. The consent area is dominated by bluffs and other rock habitats, with some hardwood forest, shrublands and grasslands. 3.27 The site contains one critically threatened plant species, 10 at risk species and one locally uncommon species. It is likely that further threatened, at risk and locally uncommon species are present as additional species occur on nearby bluffs and rock habitats north-east and northwest of the consent area. 3.28 With regard to birds, 22 species (10 indigenous and 12 introduced) were recorded in or near the project area. Sixty-five lizards were found, comprising of 60 Canterbury geckos, one jewelled gecko, one common skink, one McCann’s skink and two unidentified skinks (which were likely common or McCann’s skinks). 3.29 With regard to invertebrates, the Ecological AEE notes the range of ecosystems within the site, noting that the rock habitats support nationally important invertebrates and others. 3.30 The freshwater ecology on the site is limited by a lack of freshwater on site. Streams in the area are ephemeral within steep short catchments, meaning that fresh water flows from site relatively quickly. The Ecological AEE notes that Sumner stream (flowing east to Sumner from near Evans Pass) does not appear to support any indigenous freshwater fauna values. Although streams (when flowing) do carry large volumes of water, the flows are temporary and not sufficient to maintain the life history stages of aquatic invertebrates. 3.31 Details on marine ecology have not been specifically investigated as part of this application. Resource Consent application CRC13531812 was made in 2013 by Lyttelton Port Company Ltd to ECan, to dump dredge spoil along the northern side of eastern Lyttelton harbour near to the Sumner Road project site. Within that application13, it is noted that the Cawthron Institute provided details of the aquatic environment in the location of the dredge spoil dumping, noting within the AEE that the taxa found in Lyttelton Harbour is characteristically common throughout the region, with the most notable marine mammal in the area being the Hectors Dolphin. With regard to benthic taxa in the location of dredge spoil dumping, this was considered to be rapidly colonising taxa which reflected the disturbance likely from

12 Consent granted on 3 April 2014, lapses 30 June 2019, expires 3 April 2049. 13 Lyttelton Port Company’s application for Resource Consent and Assessment of Environmental Effects for ‘Continuing Maintenance Dredging Operations at Lyttelton Port of Christchurch’, Volume 02, March 2013.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

the spoil dumping operation.

Surface Water and Ground Water 3.32 With regard to surface water, the project site does not contain any permanent rivers or streams, however does contain multiple ephemeral streams. Three of those streams are mapped on the ECan Planning Maps as being ‘Volcanic Type’ ‘Banks Peninsula Rivers’. Those streams are located in Buckleys Bay Scenic Reserve, Gollans Bay Quarry, and down into Sumner (‘Sumner Stream’) from near Evans Pass/Summit Road. Aside from the three ECan- identified streams, two other streams were identified in the Erosion and Sediment Control AEE within the pine plantation at the western end of the site in Urumau Reserve, and a second stream within the Buckleys Bay reserve. 3.33 Generally, the site has very short and steep catchments effectively draining any surface water quickly into the CMA. Multiple overland flow paths also direct rainwater into the CMA via rills and unidentified channels. It is likely that the stormwater system on Sumner Road and Old Sumner Road (which bisects the flow paths) concentrates overland flows from upper areas in the site via swales, culverts and flumes, prior to discharge into the CMA. 3.34 As discussed within the Ecological AEE, the surface water bodies are not flowing for a sufficient length of time to allow for aquatic invertebrates to establish. 3.35 Groundwater is not able to be easily defined in the project area given the geology and topography of the area of the area. The site is within an area which ECan considers to have ‘no aquifer’. For the purposes of this application, groundwater is considered to potentially exist as pockets of groundwater within the site, possibly between rock layers. Ultimately, it is likely that groundwater will flow via underground channels and also end up in the harbour relatively quickly. 3.36 It is noted that there are no wells or community drinking water supplies within, or within proximity, to the site.

Comment on Existing Stormwater System 3.37 It is noted that the NRRP and pLWRP refer to Stormwater Management Plans and ‘lawfully established systems’. With regard to the lawful establishment of the stormwater system, it is considered likely that the road drainage system at the site was lawfully established and should be considered as such. Copies of the titles (see Appendix Three) for the land below Sumner Road indicate easements for the discharge of stormwater, although the Deposited Plans referred to in the easement documents do not exist. 3.38 The CCC property team have also confirmed that the former Banks Peninsula District Council used to rely on section 181 of the Local Government Act which provides for certain public works, including stormwater drainage, to cross private land with written permission. The CCC does not have all previous correspondence on this matter, but relies on the assumption that if there is a Council drain over private land, a permission would have been obtained so it would be covered by s181 thereby giving Council rights to drain over the land. 3.39 With regard to Stormwater Management Plans (SMP) in the area, in a phone conversation with RMG on 25 March 2014, Brian Norton (CCC Planning Engineer) advised that there is presently no SMP for Banks Peninsula. A SMP will eventually be devised for the Banks Peninsula area in the next 3-6 years, however this would cover properties/areas that are urban zoned, and not rural areas, meaning that it is unlikely that the Sumner Road Reopening Project Site will be part of a SMP.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

4 PROPOSAL

Overview 4.1 The purpose of this section is to provide a brief summary and overview of the proposal. The proposal is extensively outlined in the Proposal Description document attached in Appendix One, including:  a site description in Section 4;  description of the locations of the works in Section 5;  discussion of the Management Plan Framework in Section 6 with overview diagram in Attachment 2; and  an outline of the development phases and works proposed in Section 7 split between the geotechnical works and the road works. 4.2 Attached to the Proposal Description, are the key plans (Attachment 1) for the project showing:  the site works and landownership,  details of the road,  key plans showing works areas, and  the design plans detailing the benching and bund works. 4.3 The Methodology Statement (prepared by Aurecon) is also attached to the Proposal Description in Attachment 3, setting out the methodology for the works involved for the rock deconstruction works. 4.4 Attachment 4 to the Proposal Description provides key figures for the works such as volumes of hazardous substances, volumes for earthworks, and a summary of vehicle movements. 4.5 The Proposal Description defines the upper limit of the scope of works required to reopen the road with a pre-quake level of service, that is, a ‘worst case’ scenario. As detailed within this application, there will be ongoing investigations before and during site works which may result in the scope being reduced if it is determined that less work may be necessary to achieve the desired outcome. 4.6 The details in Appendix One have been provided to experts in the assessment team responsible for producing the technical assessments of effects. This ensures that all experts were working to the same proposal description.

Summary of Works 4.7 As above, the project works are comprehensively outlined in the Proposal Description including the Methodology statement prepared by Aurecon. For reference, the works are briefly summarised as follows:  Works above Sumner Road: Site set-up

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Access track and haul roads, Magazines A and B, Site office and equipment areas A and B, clearing land for soil stockpile areas, security fencing Construction works Rock deconstruction works including benching of crater rim bluffs, heavy and light scaling including blasting, construction of rockfall bunds A and B, road clearing, rock processing as necessary to process rock to correct grade fill. Restoration of site Removal of stockpiles/site office areas/magazines, respreading of topsoil to remediate the access track and Haul Road A (Haul Road B is to be retained), ecological restoration and revegetation.  Works below Sumner Road: Site set-up Temporary rockfall protection above coal port, security buoys along coastline, preparation of land for fill dump area. Construction works Retaining walls and foundations, stormwater repairs (flumes, outfalls), rock storage at Gollans Bay Quarry  Road Corridor: Site set-up Site office and equipment areas at one or both ends of project site, security measures for site Construction works Any additional road clearance, repair of stormwater infrastructure along and below road including CMA outfalls, additional road cuttings if required, repair/reconstruction of retaining walls and road surface. Restoration of site Removal of site offices  Godley Head Road: Site set-up Alternative stockpile area (for soil removed to create access tracks and haul roads etc) Restoration of site Removal of stockpiles, respreading of topsoil onto access/haul roads and stabilisation of disturbed areas where possible. 4.8 The works also include the ongoing operation and maintenance of the road, benches and bunds, including removal of any fallen rocks if necessary.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

5 DISTRICT PLAN COMPLIANCE ASSESSMENT

Context 5.1 The application site is within the jurisdiction of the Christchurch City Council which administers both the Christchurch City Plan and the Banks Peninsula District Plan. 5.2 Compliance Tables for both District Plans are attached in Appendix Two.

Compliance Assessment – Christchurch City Plan 5.3 The Christchurch City Plan (‘the City Plan’) was made operative on 21 November 2005. There are no outstanding variations or appeals to the City Plan that are relevant to the application. 5.4 The parts of the site in the City Plan area are zoned Rural Hills and the proposed development will comply with all the City Plan provisions except for the following: 5.5 Rule 2.3.2: Protection of native vegetation, natural features and existing landscape character – Rural Hills Zone Vegetation removal (a) The maximum removal or loss of native vegetation indigenous to the site in any continuous five year period shall be 100m 2 per hectare (the area per hectare shall not be aggregated over the total area of the site) (b) Planting - West of Dyers Pass Road The planting of exotic species (including exotic trees) or native plants of non-local origin, shall be a discretionary activity on that part of the Rural Hills Zone west of Dyers Pass Road, (c) Site coverage - Any building below the 160m height contour within this zone shall be a discretionary activity (d) Rock removal - The maximum rock size that may be removed from any site shall have a dimension not exceeding 250mm in any direction and shall be naturally occurring loose rock or rock removed from areas of improved surface pasture. An exception is made permitting the relocation of rocks posing a rockfall hazard to a safe location on the same site.

The proposal will remove in excess of 100m² of vegetation (pastoral grassland) and rocks will be removed off site which exceed the 250mm restriction. It will therefore infringe clauses (a) and (d) of Rule 2.3.2 above. 5.6 Rule 5.6.2: Earthworks Any filling or excavation which exceeds any one of the standards relating to the volume of material in column A, the depth specified in columns C or D, or the landslope in column E of Table 1, shall be a discretionary activity with the exercise of Council's discretion limited to the matter(s) subject to the standard.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Table 1 specifies the following in the Rural Hills Zone:  Maximum volume (development standard) = 25m³/ ha and no more than 100m² surface area  Maximum volume (critical standard) = n/a  Maximum depth of excavation (m) (development standard) = 0.5m  Maximum depth of fill (development standard) = 0.5m  Maximum slope of land to be filled or excavated (development standard) = 15 degrees on Port Hills

5.7 In terms of the above rules, the proposed works will exceed the permitted volume and surface area, the depth of cut and fill on a maximum slope of land on the Port Hills of 15 degrees.

5.8 Rule 3.3.3: Hazardous substances  Any individual activity which involves the manufacturing, use, storage and/or disposal of hazardous substances, which does not comply with any one or more of the following shall be a discretionary activity, with the exercise of the Council's discretion limited to the matter(s) subject to that standard. 5.9 The proposed works will require explosives to be used on site, which exceeds the Schedule 2 quantity limit of 2.5kgs and flammable liquids of 2,000 litres.

5.10 Non-compliance with the above rule identifies the proposal as a discretionary activity under the City Plan.

5.11 In all other respects, the proposal complies with all the standards of the City Plan.

Compliance Assessment - Banks Peninsula District Plan 5.12 The Banks Peninsula District Plan (District Plan) became operative in October 2012. The majority of the subject site is within the Banks Peninsula District. 5.13 The site is zoned Lyttelton Port Zone, Recreation Reserve and Rural. The majority of the area is zoned Rural. However, the District Plan contains the following exemption for works carried out upon roads: “Any activity carried out on a road (as defined by the Local Government Act 1974) is permitted where it involves the exercise of public’s right of passage or where it is authorised by the road controlling authority in the exercise of its power in relation to roads”14 5.14 In this case, the road controlling authority is the Christchurch City Council. For that reason, any works undertaken within the road reserve associated with the reopening of Sumner Road are considered permitted under the provisions of the District Plan and do not require resource consent. 5.15 In addition, the District Plan defines a utility as:

14 Chapter 3: District Plan Administration; page 20

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

“Any structure, network for facility established or operated by, or activity undertaken by a network utility operator as defined at section 166 of the Act”. 5.16 Section 166 of the Act defines a network utility operator as a person who: “(f) constructs, operates, or proposes to construct or operate, a road or railway line” 5.17 It is noted that a requiring authority is defined by section 166 to include local authorities, i.e. the Christchurch City Council. 5.18 Based upon the above, Sumner Road is clearly identified as a Utility by the District Plan. Consequently all works associated with the reopening of Sumner Road must also be assessed as a function of a utility for the following reasons:  Sumner Road is defined as a utility;  Prior to the Canterbury Earthquakes, the Sumner Road operated with an acknowledged level of rock fall risk. At that time the risk was assessed as low;  Following the earthquakes, the risk profile of a rock fall causing injury or death to a member of the public or damage to an adjacent property in general has altered, resulting in the road being unsafe to operate – even in the event that the rocks currently on the road were removed;  For the road to reopen again and function as it did prior to the earthquakes, the rock fall risk is required to be mitigated. This requires works above and below the road to occur and to enable maintenance;  The works proposed are directly associated with the operation of the road and without them, the road will not be able to reopen. It should also be noted that if the road were not to reopen, the rockfall hazard will still prevent the operational use of LPC haul roads (including Old Sumner Road) and quarrying downslope of the site as detailed in the draft LPRP. 5.19 The works associated with the proposal is an ancillary activity to the normal operation of the road utility, and consequently the Utilities Rules of Chapter 36 apply. These rules replace any zone provisions that may otherwise apply. The assessment of the proposal as a utility under the District Plan has been discussed with and agreed to by Council’s Senior Planner, Kent Wilson. The proposal has been assessed against the relevant provisions of the District Plan as a utility. 5.20 The proposal will comply with all of the District Plan relevant rules except for the following: 5.21 Rule 36.2.1 Utilities – Earthworks  The earthworks conditions for permitted activities in the relevant Zone shall apply Earthworks will exceed the permitted volumes for the Rural and Recreation Reserve Zone. 5.22 Rule 36.2.3 Utilities – Yards  The yard condition for permitted activities in the relevant Zone shall apply to above ground utility structures over 3 metres in height or 10m² in area. The proposed earth bunds are considered building in the District Plan and will exceed the 3m height limit and 10m² area. The earth bunds are within 7.5m setback from road boundaries.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

5.23 Rule 36.2.5 Utilities – Tree clearance  There shall be no clearance of indigenous trees in any Rural Zone The proposed works require the clearance of indigenous trees.

5.24 Rule 36.2.7 Utilities – Hazardous substances  All utility activities shall meet the standards for hazardous substances for the relevant zone. The proposed will not comply with the relevant standards in the Recreation Reserve and Rural Zone. 5.25 Rule 36.4 Utilities – Restricted Discretionary Activities  Unless provided for as a controlled activity in Rule 3, the following utilities are restricted discretionary activities. The proposed will not comply with a number of utility standards in the Plan. 5.26 Rule 36.5 Utilities – Discretionary Activities  The following activities are discretionary activities: (a) Any above ground utility, other than those provided for in rule 2.6, within…Recreation Reserves… 5.27 The proposed earthworks will occur within the Recreation Reserve Zone and is therefore a discretionary activity. 5.28 In summary, the proposal is considered to be discretionary activity under the Banks Peninsula District Plan

Overall Compliance Assessment 5.29 The subject site includes land within both the Christchurch City and Banks Peninsula and accordingly both District Plans apply. 5.30 The proposed works require consent as a discretionary activity under the provisions of both the Christchurch City Plan and the Banks Peninsula District Plan.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

6 REGIONAL PLAN COMPLIANCE ASSESSMENT

Context 6.1 There are four regional plans that are applicable to this application, as follows:  Natural Resources Regional Plan (NRRP)  (Proposed) Land and Water Regional Plan (Decisions version notified 20 Jan 2014) (pLWRP)  Land and Vegetation Management Regional Plan – Part II – Port Hills (LVMRP)  Regional Coastal Environment Plan (RCEP)

Consents Required 6.2 The compliance table provided in Appendix Two outlines the scope of works under the terms of the above plans, and where consent is required (or not) for those works. For simplicity, the site has been generally considered as a whole, despite covering multiple land parcels, five catchments, and works being undertaken in stages. The exception to this is for situations where only one distinct activity in one location requires consent; an example being operational stormwater discharge from the LLUR site when discharge from the remainder of the site is permitted. 6.3 The proposal requires eight resource consents from ECan, covering land use, coastal activities, water permits and discharges to land and water. 6.4 Some activities require consideration under multiple plans, and the appended compliance table outlines the activity status under each plan, taking the most restrictive activity status as the overall activity status. This is summarised as follows:

Consent Activity Activity Status

NRRP pLWRP LVMRP RCEP Overall

Land Use To store and use Hazardous Substances (Diesel RD P - - RD Consent (s9) fuel, explosives and lubricants).

Land Use To undertake earthworks and vegetation Consent (s9, removal s13)  within and outside of riparian areas RD P D - D

 to disturb the bed of a river, deposit P D NC - NC material, construct 2x bunds, use and

maintain structure including a culvert.

Water Permit To divert (take and discharge) surface water NC P - - NC (s14) around works in the bed of a river

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Consent Activity Activity Status

NRRP pLWRP LVMRP RCEP Overall

Discharge To discharge a contaminant (explosive residue) Permit (s15) into land which may result in a contaminant entering:

 Rivers D D - - D

 The CMA - - - D D

Discharge To discharge construction phase stormwater: Permit (s15)  to water including from an LLUR (‘not NC D - - NC investigated’) site

 into land D RD - - D

 over land into the CMA D D - - D (s87B) (s87B) (s87B)

Discharge To discharge operational phase stormwater to D D - - D Permit (s15) water from an LLUR site

Air Permit (s15) To discharge fugitive dust to air D - - - D

Coastal Permit Deposition in and occupation of the CMA (s12)  Deposition of material (incidental - - - D D discharge of rocks) into the CMA. (s87B)

 Occupation of the CMA with buoys booms, - - - D D and restriction of public access to CMA and foreshore. Key: P = Permitted RD = Restricted Discretionary D = Discretionary (under the provisions of a plan) D (s87B) = Discretionary (under the provisions of s87B of the RMA) NC = Non-Complying

6.5 It is considered that the following activities are permitted as set out in the compliance table in Appendix Two:  Structures/Works in the CMA – for reconstruction/repair of stormwater outlets  Storage/Use of hazardous substances (diesel) in portable containers.  Discharge of operational phase stormwater (excluding that from the Gollans Bay Quarry)

Comment on Rules and Assessment 6.6 Given the overlapping nature of many of the necessary applications, and the overlapping of actual and potential adverse effects on the environment, it is considered that it is appropriate to ‘bundle’ the applications together. This means that overall; consent is

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

required for a non-complying activity. 6.7 The assessment of effects provided in Section 8 of this report addresses the actual and potential effects as a non-complying activity as per s104B and s104D of the RMA, also noting that s9 of the OIC Act includes provisions for non-complying activities overriding s104D of the RMA. It is noted that any relevant restricted discretionary criteria listed in plans for the various activities has been used as a guide for the assessment of effects, although not exclusively – for example, the storage of hazardous substances which on its own would be restricted discretionary.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

7 STATUTORY CONSIDERATIONS

7.1 The applications to both CCC and ECan are made under the Order in Council provisions of the Canterbury Earthquake (Resource Management Act) Order 2011, pursuant to the Resource Management Act 1991. The key sections of those pieces of legislation, and how they relate to each other and the assessment and consideration of the project applications are outlined below.

Canterbury Earthquake (Resource Management Act) Order 2011 (OIC, or OIC Act) 7.2 The Canterbury Earthquakes resulted in provisions being put in place to provide a fast-track method for the processing of Resource Consent applications for recovery activities made by local or national government. The OIC Act sets out this procedure, stating in section 4 that applications made by CCC (and other governmental agencies) under s88 of the RMA to undertake land remediation work, made to CCC and ECan are able to be considered under the order. 7.3 ‘Land remediation work’ is defined under section 5 of the OIC Act as follows: land remediation work means work undertaken, for the purpose of the Canterbury Earthquake Response and Recovery Act 2010,— (a) to protect, stabilise, or remediate land affected by the Canterbury earthquake for either or both of the following purposes: (i) to enable use of the land or of adjacent land or structures to be resumed: (ii) to protect the land or adjacent land or structures from damage, including damage arising from erosion, liquefaction, subsidence, slippage, or falling rocks or debris caused by the earthquake; or (b) to repair or reconstruct infrastructure; or (c) to provide for flood protection. 7.4 The application is for the purposes of remediating the land within the road reserve and areas adjoining and/or affecting the road, to ultimately provide for the reopening of Sumner Road. As detailed above, Sumner Road and adjacent land suffered extensive damage as a result of the Canterbury Earthquakes and subsequently this road has been closed. The proposed ‘land remediation work’ to open Sumner Road is considered to be consistent with section 5 (a) (i), (a) (ii) and (b) of the OIC Act. Therefore this application is able to be considered under the OIC Act and its relevant provisions. 7.5 Section 8 of the OIC Act requires that applications that are subject to the OIC process are not publically or limited notified but must proceed in accordance with section 10. Section 10 states that subsequent to the lodgement of an application, a ‘consent authority must consult any person that the consent authority considers will be, or is likely to be, or whose property will be, or is likely to be, adversely affected by the activity to which the application relates’, although this is to be done with regard to the need for the land remediation work concerned to proceed expeditiously.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

7.6 Consultation has been undertaken with those parties that are considered to be directly affected by the project. This consultation undertaken is described in Section 12 of this report. Although the public has not been asked for feedback on the project given that the project is driven by the technical design and health and safety requirements, CCC have issued to a PIL, and engaged the two relevant Community Boards along with Elected Members as a proxy for public engagement. While this consultation is not required of the applicant under Section 10 of the OIC Act, the applicant has provided this consultation as a precursor to whom the consent authority may consider to be affected. 7.7 Section 9 of the OIC Act sets out specific consideration for consent authorities when considering a non-complying activity. Section 9 states: “Despite section 104D of the Act, a consent authority may grant a resource consent for a non-complying activity that—  (a) will or may have adverse effects on the environment that are more than minor; and  (b) will or may be contrary to the objectives and policies of—  (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or  (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or  (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.”

7.8 This provision allows for non-complying activities which are considered to be ‘land remediation work’ to have adverse effects on the environment that are more than minor. It also provides for the proposed activity to be contrary to the relevant objectives and policies of both the City Plan and Regional Plan. The proposed works assessment of effects and assessment of relevant objectives and policies are discussed below in Section 8 and Section 9. 7.9 In summary, this application is made by CCC to both CCC and ECan; the project fulfils the requirements of section 4 of the OIC Act. Given that the nature of the proposed works are to allow works to be undertaken to Sumner Road and adjacent land, to reduce imminent rockfall hazard to the road and public, this project is considered to be ‘land remediation work’ as defined by section 5 of the OIC Act.

Resource Management Act 1991 Duties and Restrictions 7.10 Sections 9 to 23 of the RMA set out the duties and restrictions relating to activities in terms of both District and Regional Councils. These sections provide the basis for which consents in this application are sought. Of relevance to this proposal are sections 9, 12, 13, 14, and 15, as follows: 7.11 Section 9 (Restrictions on land use) sets out that no person may use land that contravenes a national environmental standard, a regional or district rule unless the use: Is expressly allowed by a resource consent; Is allowed by section 10; or

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

The activity is allowed by section 10A or 20A 7.12 Most of the land use activities that form part of the project require land use consent as set out under the district and regional plans. One exception is the earthworks and vegetation removal outside of riparian areas (a land use activity) which is not subject to any rules under the pLWRP – permitted or otherwise. In that regard, this activity does not require consent under that plan as it does not contravene a rule. The district plan rules that control earthworks (including those in river beds) are subject to s9, whereas regional rules for earthworks are covered by both s9 for works outside river beds and s13 for works within river beds. 7.13 Section 12 (Restrictions on use of coastal marine area) sets out that: (1) No person may, in the coastal marine area,— (b) erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or (d) deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or (g) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage— unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent. (2) No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,— (a) occupy any part of the common marine and coastal area… 7.14 The Sumner Road project includes the repair of stormwater outfalls along the coastline, incidental depositing of boulders (that may fall from the bluffs/slopes during rock deconstruction works) in the CMA, and occupation of the CMA through restriction of public access during site works. The repair of Council infrastructure is considered to be permitted as set out in the appended compliance table. It is not clear whether the depositing of boulders (greater than 5m³ total volumes outside of an Area of Natural Significance) is covered in the RCEP, and the activity is therefore discretionary under s87B of the RMA. Occupation of the CMA is not permitted under a plan and requires consent as a discretionary activity as set out in the rules of the RCEP. 7.15 Section 13 (Restriction on certain uses of beds of lakes and rivers) states: (1) No person may, in relation to the bed of any lake or river,— (a) use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or (b) excavate, drill, tunnel, or otherwise disturb the bed; or (d) deposit any substance in, on, or under the bed;….. unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

resource consent. (2) No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity— (a) is expressly allowed by a resource consent; or (b) is an activity allowed by section 20A. (2A) The activities are— (a) to enter onto or pass across the bed of a lake or river: (b) to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river: (c) to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river: (d) to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river. (3) This section does not apply to any use of land in the coastal marine area. (4) Nothing in this section limits section 9. 7.16 It is noted that the consideration of the project under the terms of s13 reflects a conservative approach, as the streams/rivers within the project site are all ephemeral with no defined bed. On the basis that ECan defines three streams within or near to the project site as ‘Banks Peninsula Rivers’ and as the Erosion and Sediment Control AEE also includes two further streams in its consideration, five streams have been considered to be potentially affected by this project under s13. 7.17 The works within streams primarily include rock deconstruction works involving scaling, incidental vegetation removal, and construction of two bunds involving of removal of rock within the stream bed, and construction of the bunds with integral culverts. Road works may also occur over streams. These works are not permitted under a regional plan and therefore require consent. As s13 does not limit s9, the district plan earthworks provisions in the beds of lakes and rivers are controlled by s9. 7.18 Section 14 (Restrictions relating to water) states that: (1) No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity— (a) is expressly allowed by a resource consent; or (b) is an activity allowed by section 20A. (2) No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3): (a) water other than open coastal water;… (3) A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if— (a) the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

regional plan for the same region (if there is one), or a resource consent; or (b) in the case of fresh water, the water, heat, or energy is required to be taken or used for— (i) an individual's reasonable domestic needs; or (ii) the reasonable needs of an individual's animals for drinking water,— and the taking or use does not, or is not likely to, have an adverse effect on the environment;…. 7.19 The works in the bed of the streams for the construction of the bunds may involve the use of clean water diversion drains which will control clean water entering the works area. This will effectively divert the water in the bed of the two streams, should they be flowing. Consent for the diversion (take and discharge) is required under the NRRP and pLWRP as the activity contravenes rules in both plans. 7.20 Section 15 (Discharge of contaminants into environment) states that: (1) No person may discharge any— (a) contaminant or water into water; or (b) contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; … unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent. (2) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge— (a) is expressly allowed by other regulations; or (b) is expressly allowed by a resource consent; or (c) is an activity allowed by section 20A. (2A) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge— (a) is expressly allowed by a national environmental standard or other regulations; or (b) is expressly allowed by a resource consent; or (c) is an activity allowed by section 20A. 7.21 The project includes the potential discharge of construction dust into air, the discharge of construction and operation stormwater from the site, and potential discharge of explosive residue into land which may enter surface and/or coastal water. Consent is required for these activities, although it is noted that the discharge of operational stormwater is permitted for most of the site – the exception being the discharge from the LLUR (Gollans Bay Quarry site).

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Consideration of applications 7.22 Section 104(1) of the RMA sets out the matters which must (subject to Part 2) be considered by a consent authority in considering applications for resource consent, as follows: (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of— (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. 7.23 The assessment of effects (addressing s104(1)(a)) is set out in Section 8 of this report. Given the scale of the project and the location adjacent to the coastline, all of the provisions outlined in s104(1)(b) are considered to be applicable. They are considered in Section 7 of this report, along with other matters relevant to the consenting authorities. 7.24 Section 104B of the RMA relates to the ‘Determination of applications for discretionary or non-complying activities’ which will apply to the applications to CCC (discretionary activity) and ECan (non-complying activity. This section states: After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority— (a) may grant or refuse the application; and (b) if it grants the application, may impose conditions under section 108. 7.25 Section 104D of the RMA relates to the ‘Particular restrictions for non-complying activities’ which applies to the applications made to ECan, although that section is countered by s9 of the OIC which is discussed in the next paragraph. For reference, s104D states: (1) Despite any decision made for the purpose of section 95A(2)(a) in relation to adverse effects, a consent authority may grant a resource consent for a non- complying activity only if it is satisfied that either— (a) the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or (b) the application is for an activity that will not be contrary to the objectives and policies of— (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

7.26 As this project relates to a recovery activity and the applications are made under the OIC, the OIC Act overrides certain provisions of the RMA. In particular section 9 of the OIC Act addresses the consideration of non-complying activities and provides an exception to section 104D of the RMA, allowing such applications to be granted by consent authorities, even if the environmental effects are more than minor and if they are contrary to plan objectives and policies.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

8 ASSESSMENT OF ENVIRONMENTAL EFFECTS

Introduction 8.1 The assessment of environmental effects for the Sumner Road Project has been undertaken primarily by experts who have addressed the key potential adverse impacts that may arise from the project. The brief to the experts included the instruction that they assess the project on the ‘worst case’ basis, that being that all works might be undertaken. 8.2 As the aim of the works is to undertake the minimum works required to return the road to a post-quake level of service with no betterment, where possible the proposed scope of works will be reduced. The investigative works include drilling (see ECan global consent CRC121013.2) to inform the scope and method for benching, and indicate that the scope of works may be able to be reduced (from seven to three benches) to achieve the necessary level of service. This is considered to be a proactive approach to minimise the extent of the works, which should also limit the extent of adverse environmental effects. 8.3 In order to provide for a possible lesser extent of works and without the need to vary consents or seek new consents, an adaptive management plan approach is proposed. This is intended to allow for such adaptations to the project to be made within the scope of any consent granted, and within the context of the management plans to ensure adverse environmental effects will be avoided, remedied or mitigated. Consequently, the same experts were asked to also prepare management plans (Specialised Environmental Management Plans or ‘SEMPs’) to reflect the potential reduction in the scope of works – to ensure that any changes to the project and any associated adverse effects remain within the approved scope. It is expected that the management plans would form part of any approvals granted. Further discussion of this in the context of conditions is provided in Section 9 of this report. The Management Plan Framework is shown diagrammatically in Attachment 2 to the Proposal Description (Appendix One). 8.4 With regard to the reasons for consent outlined in Sections 5 and 6 of this report, and any relevant assessment criteria set out in the District and/or Regional Plans, it is considered that the potential adverse effects on the environment - and positive effects - can be grouped and addressed under the following headings:  Positive Effects

 Effects on Ecology  Transportation Effects

 Environmental Health Effects (Noise/Dust)  Landscape and Visual Effects

 Effects on Waterbodies  Effects on Marine Ecology and the Marine Environment

 Water Quality Effects

 Other Effects (Natural Hazards, Hazardous Substances, Restrictions on Public Access to coast and CMA)

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

8.5 The effects listed above are considered in the context of the site which has unique topography, landscape, ecological characteristics and waterbodies. The following discussion provides a brief overview of the assessment and conclusions reached by the experts listed above with regard to the actual and potential effects on the environment. As noted above, the full AEE reports are appended to this application. 8.6 The AEE’s and their associated SEMPs, and location in the appendices to this report, are summarised below:

Appendix AEE Document Document Title Author(s) Type Discipline

Appendix Construction CEMP Sumner Road Reopening Project Draft Russell Malthus, Eight Construction Environmental Management Novo Group Plan

Appendix Landscape AEE Assessment of Environmental Effects – Andrew Craig Nine Landscape (Andrew Craig Landscape Architect Regarding: Reconstruction and protection Ltd) and Jeremy of the Lyttelton to Sumner Road Head (Jeremy Head Landscape Architect SEMP 1 Sumner Road Corridor - Specialist Ltd) Environmental Management Plan (Landscape)

Appendix Archaeology AEE/ Sumner Road: An Archaeological Katharine Watson, Ten Statement. Underground SEMP 9 Overground (Management Plan is in the ‘Addendum’) Archaeology

Appendix Traffic AEE Transportation Assessment prepared for Nick Fuller, Novo Eleven Christchurch City Council, Sumner Road Group Ltd Reopening Project

SEMP 2 Construction Traffic Management Framework prepared for Christchurch City Council

Appendix Noise and AEE Environmental Health Effects Russell Malthus, Twelve Environmental Assessment prepared for Christchurch Novo Group Ltd Health City Council, Sumner Road Reopening Project

SEMP 3 Sumner Road Reopening Project - Construction Noise and Vibration Management Plan

SEMP 8 Hazardous Substances and Contaminated Land Management Plan

Appendix Air Quality AEE Dust Effects Assessment prepared for Russell Malthus, Thirteen Christchurch City Council, Sumner Road Novo Group Ltd Reopening Project

SEMP 4 Dust Management Plan

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Appendix Erosion and AEE Assessment of Environmental Effects for Tracy Reihana, MBC, Fourteen Sediment Erosion and Sediment Mark Smith, Control Westcircle The Sumner Road Reopening Project

SEMP 5 Erosion and Sediment Control Plan: The Sumner Road Reopening Project

Appendix Ecology AEE Sumner Road Reopening Project, Mark Davis, Brian Fifteen Assessment of Environmental Effects: - Patrick, Marieke Ecology. Lettink

SEMP 6 Sumner Road Re-Opening Project, Ecology Management Plan.

Appendix Ecology - Lizards SEMP 7 Lizard Management Plan for The Marieke Lettink, Sixteen Sumner Road Reopening Project Fauna Finders

Key: CEMP = Construction Environmental Management Plan SEMP = Specialised Environmental Management Plan (numbers relate to entry on the Management Plan Framework: Appendix One, Attachment 2)

Application to CCC 8.7 With regard to the application to CCC, the effects should be considered in the context of the permitted baseline (as per s95D(b) of the RMA), as the consent authority may disregard adverse effect of the activity if a rule (or NES) permits an activity with that effect. 8.8 As noted in the compliance assessment in Section 5, the District Plan permits roading works that are carried out within roading reserve. On that basis, any works with the road reserve is considered to form the permitted baseline.

Applications to ECan 8.9 The eight applications to ECan cover activities under s9 and s12-15 of the RMA, and consequently the assessment needs to be comprehensive. The application to ECan is overall, non-complying. 8.10 The assessment of effects relating to both sets of applications made to CCC and ECan are addressed together under the same headings. 8.11 The following assessment is provided in accordance with Schedule 4 of the RMA in the context of the relevant District and Regional Plans, and policy statements.

Positive Effects 8.12 The Sumner Road Reopening Project is a strategic project of critical importance; it provides for a sustainable long term transportation route between communities and for access to the port. The project has been identified by the community and Council as being of high-value, with the LURP, Lyttelton Masterplan, Greater Christchurch Transport Strategy, the Port Lyttelton Plan, and Regional Transportation Strategy all identifying the need for the route. It is also anticipated that it will be included in Environment Canterbury’s Lyttelton Port

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Recovery Plan, which will be open for public submissions in April 2015. 8.13 A truck crash near Governors Bay (January 2014 - see article in Appendix Seventeen) of a truck heading to Lyttelton Port has highlighted the issues faced for the Dyers Pass/Governors Bay route in terms of safety of that route for heavy vehicles. Commentary from Lyttelton Port of Christchurch chief executive Peter Davie in the same article reinforces the need for the Sumner Road to reopen as the main transportation route. 8.14 The benefits of the road link being re-established will be a safer more resilient route for heavy vehicles, minimising transport time and costs for freight. The link will also provide for local communities providing for both the connection for general travel and for recreation opportunities in the Port Hills area. As also set out within this report, the source rock risk mitigation works will provide the necessary reduction of risk to ensure that public health and safety is assured along this critical route. 8.15 In RMA terms, the project will re-provide the road resource to enable the community to provide for their social, economic, and cultural well-being and for their health and safety.

Economic 8.16 The economic impact of the Sumner Road Project has been assessed in an Economic AEE. That report investigated the options to reinstate the road connectivity and lifelines function lost through closure of this route, including comparisons with using existing routes over Dyers and Gebbies Passes to the west of Lyttelton. 8.17 The report notes the potential for events to occur which may jeopardise present road links to the port, including a Lyttelton Tunnel fire with a 1 day to 2 year closure, and closures along Gebbies and Dyers passes from rockfall, quakes, rockfall, volcanic and flooding events. A tunnel closure of about 12 months was considered to be the most likely event, and the report outlines that this would be significant, requiring freight to be diverted to Timaru, Otago and other ports. The report also states that Gebbies and Dyers Passes are generally unsuitable for freight comprising 100 heavy vehicle movements per hour, due to slips and rockfall, and would require further resource consenting processes in order to bring one or the other up to a suitable state. 8.18 Costs of each risk are quantified, noting the variation of a small disruption of less than one day, through to 1-2 years which is possible from a tunnel fire with a probably of one event per 66.7 years. This probability is reasonably low, however the report notes this could have major consequences for the Canterbury, South Island and national economy. 8.19 The report concludes that maintaining the current situation (road closure) would be unacceptable and ongoing delays or lengthy delays in returning the road to service is assessed as an intolerable risk. The report recommends that Sumner Road be re-opened to a pre-quake level of service after having considered the spectrum of land use, community, business, travel cost penalties, as being favourable over other options from an economic standpoint.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Effects on Ecology

Basis of Assessment 8.20 The Ecological Assessment of Effects has been coordinated by Mark Davis (Ecologist) with the assistance of Dr Marieke Lettink (Ecologist, Flora Finders) and Dr Brian Patrick (Entomologist, Wildlands). The ecologists undertook site visits in late November 2013, noting that access to about one-third of the consent area was restricted, and therefore the project areas subject to the greatest degree of work (i.e., the benching), were not able to be studied. Some surveys and observations were taken from adjoining land. 8.21 From the Ecological AEE, Wildlands and Brailsfords Ltd also developed the ‘Ohinehou/Lyttelton Ecological Restoration Project Plan (see Appendix Twenty) which details the options and process for an area of indigenous planting restoration options adjacent to the Sumner Road project site. The works are considered to appropriate in these circumstances to partially offset any ecological effects presented by the project, in particular, any loss and devastation of habitat in the area of the bluffs. 8.22 These effects and ecological restoration plan details are outlined below.

Key Findings/Results 8.23 Table 10 (page 34) of the Ecological AEE provides an effective overview of the degree of effect from each works area on the sites ecology; listing the effects on various ecological resources as minor, moderate, major and severe. 8.24 The AEE notes the dominant land use within the project area comprising of scenic reserves (Buckleys Bay and Tauhinukorokio) which are both administered by the Department of Conservation. The AEE also notes the importance and unique nature of the bluff ecosystem – a natural rare ecosystem - in providing a significant habitat to native flora and fauna species, including some uncommon, at risk, nationally vulnerable and nationally critical plant species, one declining bird species (pipit), three declining lizard species, and three significant moths (in terms of rarity), and two endemic moth species endemic to the Banks Peninsula. 8.25 The AEE provides an assessment of the significance of the species in terms of representativeness, rarity/distinctiveness, diversity and ecological context. The AEE also notes that the constraints of the report, primarily being that a large portion of the site which may contain further species of significance was not able to be visited. 8.26 The AEE concludes that the project, and in particular the benching of the bluffs and scaling of other bluffs, will  have moderate to severe effects on ecosystems, and  these effects will be long term. 8.27 The summary of effects is provided in section 5.1.3 of the AEE. The benching works will also separate the eastern and western ends of the bluffs increasing isolation and reducing the ability of some species to recolonise.

Mitigation/Management 8.28 Mitigation measures are outlined in section 5.14 of the Ecological Report, and include

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

avoidance of effects where possible, along with other forms of mitigation, such as on-going measures to avoid pest plants establishing. Retaining as much of the bluffs area as possible is also recommended, which will be part of the ongoing adaptive management approach referred to in the methodology and underpinning the management plan approach, and is also desirable to minimise the environmental costs of the project. 8.29 The Ecological Management Plan (SEMP 6) notes in section 4 that the goal for the framework of managing indigenous biodiversity relates to minimising loss and damage to biodiversity from the site works, and managing the remaining biodiversity after project decommissioning. Accompanying the goals is a series of objectives and methods recommended in order to meet those goals. A management plan for Lizards (SEMP 7) is also provided in Appendix Sixteen to this report. 8.30 The recommended approach to protecting or limiting damage to the ecology of the area includes the following, as set out from section 5 in the Management Plan;  Baseline inventory and monitoring  Ongoing engagement of ecologists to provide advice regarding the footprints works areas and minimising effects, and retrieving salvageable indigenous biodiversity.  Fire management plan

 Salvage of lizards

 Minimising disturbance during construction of security fence and scaling activities  Cleaning of machinery and weed control

 Maintenance, including weed control in locations of disturbance  Rehabilitation of disturbed areas (including hydro-seeding, planting of native tussocks and shrubs) and restoration planting, which has been addressed within the Restoration Planting Plan provided in Appendix Twenty to this report.  Monitoring, including weed monitoring. 8.31 The Ecological Management Plan is considered to be a ‘live’ document and may be amended or added to as new information becomes available during the site works. 8.32 In addition to the Ecological Management Plan, the Ōhinehou/Lyttelton Ecological Restoration Plan (OLERP) outlines the methodology for native restoration using indigenous plant species on a section of LPC owned land (Lot 1 DP 10880 and part of Part RS 130) located between Sumner Rd and Old Sumner-Lyttelton Rd. The site is approximately 3.7ha in area, and presently is vegetated with introduced grasses. 8.33 The OLERP outlines the reasons why this particular site was considered to be acceptable for restoration as part of this project, also noting the benefits to LPC (being the site owners) with regard to reducing erosion which will reduce ongoing maintenance. 8.34 The site has been comprehensively reviewed with regard to the geology and soils identifying three planting zones, consisting of moist gullies, hill faces, and broad ridges; advising as to what original vegetation would have been likely in those locations. The report then advises as to the appropriate native plant communities would be in this location, noting that the initial round of planting will need to become established before the introduction of more sensitive species, although wind and birds will also bring in seeds from other local remnant

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

species. 8.35 Planting lists and diagrams are provided to detail the methodology for establishing the planting at the site, and maintenance is also outlined, with the advice that a three year period is necessary, or until the plants are self-supporting. 8.36 Compliance with the Ōhinehou/Lyttelton Ecological Restoration Plan is volunteered as a condition of consent.

Conclusion 8.37 The project will result in a range of effects on the ecosystems in the area, with particular note that there will be severe damage to ecosystems on the crater bluffs, and other areas that include scaling works. Some adverse effects will be long term and/or permanent particularly to geckos, specialised moths and plants in the benching area. Some effects may be greater should there be any critically threatened plants or animals in works areas, which have not been identified at this stage. 8.38 It is possible to mitigate some of the adverse effects through avoiding or reducing habitat damage, or offsetting the effects through protection of other species in other areas. 8.39 The proposed restoration planting detailed in the OLERP in Appendix Twenty will assist in offsetting some of the effects from the loss of flora and fauna and general habitat at the site. The restoration planting is to be provided to restore and enhance the ecological values in the project area which although will not minimise unavoidable significant effects on some species, will create future habitat for species which do remain.

Transportation Effects

Basis of Assessment 8.40 The Transportation Assessment of effects has been undertaken by Nick Fuller (Novo Group). It describes the traffic environment, relevant statutory documents, the traffic related components and sets out the Traffic Management requirements considered necessary to avoid, remedy or mitigate potential environmental effects where it is considered there will be no long term effects. 8.41 The Transportation Assessment and the accompanying Construction Traffic Management Framework form Appendix Eleven of this report.

Key Findings/Results 8.42 The Transportation Assessment outlines the key effects of the proposal noting that the majority of the effects will be contained within the application site. Those effects that extend beyond the site will occur during site establishment and decommissioning, in particular the importing of material for the construction of haul roads and the delivery of heavy machinery. However, these effects will be mitigated via the implementation of a transportation management plan. 8.43 The routing of heavy vehicles via Sumner are not anticipated to generate any effects that are

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

not otherwise anticipated for that environment. Main Road-Wakefield Avenue-Evan Pass Road route is already an established over-dimensioned route which is anticipated to accommodate heavy vehicles that will be utilised as part of the proposal. 8.44 Temporary parking restrictions during the establishment of the route to Magazine A location, the employment of a stop/go operation on Godley Head Road for access to a stockpile area, and diversion of the Crater Rim Walkway and Greenwood mountain bike track may be necessary. However, any potential effects can be adequately mitigated via the implementation of an appropriate traffic management plan. 8.45 Overall, the Transport Assessment reaches the conclusion that there will be no long term adverse effects associated with the proposal.

Mitigation/Management 8.46 A construction traffic management plan has been provided to outline available options to mitigate and remedy adverse effects on the environment. The object of the management plan is to eliminate or minimise potential safety effects and disruption to traffic efficiency, enable access to the site and co-ordinate with other work sites in the vicinity to achieve a coherent approach to traffic management. 8.47 The general approach of the traffic management plan is to mitigate potential adverse effects associated with:  Evans Pass Road Site access;  Lyttelton Site Access;

 Sumner Road parking restrictions;  Magazine A Access track construction phase parking restrictions;

 Crater Rim Walkway and Greenwood Mountain Bike Track diversions;  Temporary stockpile stop/go operation for Godley Head Road; and

 Over dimension vehicles. 8.48 Transportation control methods are detailed throughout the management plan and are sufficient to mitigate any potential effects.

Conclusion 8.49 The Transportation Assessment outlines the anticipated effects associated with the proposal. It notes that the majority of effects will be contained within the site with only limited effects occurring beyond the application site. With the implementation of the traffic management plan, these effects will be appropriately mitigated with any effects limited in duration. 8.50 Overall, any actual or potential adverse effect will be no more that minor.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Environmental Health Effects (Noise/Vibration/Glare/Hazardous Substances/Dust)

Basis of Assessment 8.51 Environmental effects associated with noise, vibration, glare, hazardous substances, contaminated soil and dust have been assessed by Russell Malthus (Novo Group). The associated reports describe the existing environment, relevant statutory documents, an assessment of environmental effects and recommendations to avoid, remedy or mitigate potential environmental effects. This includes the implementation of various construction management plans which along with the above assessments form Appendix Twelve and Appendix Thirteen of this report. 8.52 Additional details regarding the use and types of explosive on site have been provided separately by Aurecon, with reference to the safety data sheets for the explosives to be used, provided in Appendix Nineteen to this report.

Key Findings/Results 8.53 The Environmental Health Effects Assessment outlines the key effects associated with the proposal. These are summarised below.

Noise Assessment 8.54 The Banks Peninsula District Plan (Rule 1.7) and the Christchurch City Plan (Rule 1.2.3(i)) specifically excludes construction works from compliance with the relevant noise standards for that zone. Furthermore, both District Plans specifically excludes noise from traffic on roads. This significantly reduces the scope of accessing noise effects. However, New Zealand Standards for noise i.e. NZS6803:1999 Acoustics-Construction noise remains a relevant assessment matter, especially given the overall activity status of the proposal. 8.55 The proposal is anticipated to comply with the relevant noise standards. However, some restrictions of works surrounding the construction of the access track adjacent to Gilmour Terrace would be required to ensure compliance. These are detailed on page 10 of the assessment and feed into the Construction Noise and Vibration Management Plan (SEMP3). The management plan forms part of a raft of mitigation measures ensuring that any actual or potential noise effects will be less than minor.

Glare 8.56 There are no rules contained within the Banks Peninsula District Plan (the District Plan) relating to lighting within the application site. Only the Christchurch City Plan (the City Plan)

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

contains any relevant rules15 and it is noted that only a small portion of the application site is within the City Plan area and subject to those provisions. 8.57 Regardless, any lighting effects are anticipated to be confined to specific locations such as the site offices. Should lighting be required elsewhere for site works, the nature of those effects will be temporary. On that basis, there will be no effects associated with lighting.

Hazardous substances 8.58 Notwithstanding that HSNO regulations apply, contaminated land and the storage and use of hydrocarbons and explosives are subject to various provisions within district and regional plans. The restrictions in volume and standards (as set by the regulatory framework), the quantities of substances sought and methods of storage are detailed within the Environmental Health Effects Assessment, with further discussion in the Compliance Tables provided in Appendix Two. With the exception of the Gollans Bay Quarry site, there are no other known areas of contaminated land within the application site; but for completeness, this matter is addressed on the chance that contamination of some degree is discovered once works begin. 8.59 Risks arising from the transfer, storage, handling and disposal of hazardous substances can be avoided via the implementation of various recommendations. These are detailed in paragraph 108 and feed into the Hazardous Substances and Contaminated Land Management Plan (SEMP8) also provided in Appendix Twelve. 8.60 The purpose of the SEMP8 document is to:

 Ensure compliance with the relevant conditions of the resource consent;  Manage and control the delivery, transfer, use and storage of hazardous substances in the project area, so that potential adverse effects are avoided, remedied and mitigated in accordance with section 17 of the Resource Management Act; and

 Provide a framework for the appropriate investigation and management of contaminated soil and other materials that may be discovered or generated during the course of the project. 8.61 By adopting the recommendations in the Environmental Health Effects Assessment and SEMP8, any actual or potential adverse environmental effects will be less than minor.

Dust 8.62 Potential dust sources are detailed in paragraphs 16-19 of the Dust Effects Assessment, forming Appendix Thirteen, with the primarily dust source being excavation. The report acknowledges that work areas 6, 7, and 9 (at the western end of the application site) are

15 Volume 3: Part 11: Rules 2.2.1 to 2.3.2, and 2.3.5

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

relatively close to the Lyttelton Township. Area 7 is approximately 70 metres from the nearest residents (adjacent to Windy Point). However, the majority of works will be approximately 200 metres from any residential dwelling. 8.63 Overall, the assessment concludes that dust emissions from the proposed works will be mitigated by shielding (natural landforms) and separation of distance from sensitive receiving environments and by adoption of a Dust Management Plan which further sets out mitigation measures. This will minimise and control dust emissions. These are detailed in the Dust Management Plan (SEMP4) that forms Appendix Thirteen. 8.64 Consequently, any actual or potential environmental effects related to dust emissions will be less than minor.

Conclusion 8.65 Actual and potential environmental effects have been assessed in terms of:

 Noise;  Glare;  Hazardous substances;  Contaminated land; and  Dust emissions. 8.66 The assessment concludes that potential adverse effects associated with noise and potentially dust may be detectable beyond the boundary of the application site. However, these are mitigated through distance, scale of works near sensitive receiving environments and the adoption of various recommendations and management plans. On that basis, any actual or potential adverse effects associated with environmental health, individually or collectively, will be less than minor.

Landscape and Visual Effects

Basis of Assessment 8.67 The Landscape Assessment of Effects was undertaken by Andrew Craig (Andrew Craig Landscape Architect Ltd), and addressed the character of the landscape, the effects of the proposal, statutory documents, and options to avoid, remedy and/or mitigate adverse effects on the environment that are considered to be more than minor. 8.68 The mitigation options are further outlined in the Landscape Management Plan – both documents are contained in Appendix Nine to this report.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Key Findings/Results 8.69 The report outlines the key issues noting that there will be a slight loss of rural character, significant reduction in natural character as a result of the benching works, and some loss of amenity, although noting that there will be some increase in amenity for recreationists. It is noted that site visits included considering views from around the harbour basin, but not from the water (harbour) surface. 8.70 The report notes that those potentially affected by the impacts on the landscape will be residents with a view of the site such as those on the south side of Lyttelton Harbour, road and sea-borne travellers, and recreation cyclists, walkers, boaters and sightseers. 8.71 The AEE provides a table on page 16 outlining the degree of landscape and visual effects noting that many of the works (benching, haul roads and stockpiles) have significant or very significant effects. In the short term, visual and landscape effects from haul roads and stockpiles will be largely remedied (apart from small visual reminders of their former presence), however the effects from benching will be long term.

Mitigation/Management 8.72 The Landscape Management Plan (SEMP 1) has been provided to outline available options to mitigate and remedy adverse effects on the environment arising from the project works. The objective of the Landscape Management Plan is ‘a landscape that appears as natural as possible’. The plan provides both guidance on how to achieve the landscape objective, and provides methods and techniques to avoid, remedy and mitigate any potential adverse landscape and visual effects. 8.73 The general approach to site remediation includes a reliance on natural re-vegetation succession processes, along with an ongoing re-vegetation programme to promote habitat for native flora and fauna. More specifically, mitigation is proposed which includes the following:

 Design: to match in with existing strata where possible, to finish rock faces in an irregular manner, to use locally occurring indigenous plans in site rehabilitation.

 Maintenance: To allow for natural recolonisation of vegetation on the benches and undertake maintenance to enable this, refine maintenance through an adaptive management model, to allow for an acceptable degree of minor rock fall and talus build up on benches, to manage weed grown in certain areas to provide for natural processes. 8.74 With regard to benching, Figure 3 (page 10) in the Landscape Management Plan outlines the preferred approach to provide a more natural appearance to the benched area. Figures 4 to 6 outline the preferred appearance of bunds, road cuttings, stockpiles. 8.75 Methods to implement the requirements of the Landscape Management Plan are set out in Section 6 of the plan, and relates to staff training, meetings, planting. Maintenance is outlined in section 7.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Conclusion 8.76 The AEE concludes that overall, the site will involve significant works, however the majority of these works (including bund construction) will not result in significant landscape and visual amenity effects. 8.77 The greatest visual and landscape effect will arise from the benching, with the long term effects from benching visually illustrated in photomontages provided along with the AEE and Management Plan in Appendix Nine. As discussed in the AEE, there will be some visual softening of the benched area over a long term as rocks weather, and vegetation establishes. 8.78 The following statement has been taken from the conclusion of the Landscape AEE (p46), and notes the likely expectations of the public regarding the project works: “In terms of associative effects (concerning peoples’ expectations of the landscape), the proposed works will not be entirely unexpected. People will understand that the Sumner Lyttelton Road is an important scenic, recreational and service link between the City and the Port. They will further appreciate that the road passes through a sublime and precarious environment. And because of this and the consequences of the recent earthquakes, they will be aware that the road is vulnerable to rock fall and subsidence. The proposed rock stabilization works will therefore make sense as part of the interaction between human activity and natural forces. So in this regard the proposed works will help to tell the story of Canterbury earthquakes and our response to it.” 8.79 On the above basis it is concluded that the change in landscape character is not only a necessary consequence of the works but that it provides a physical context to the Christchurch earthquakes.

Water Quality Effects (including Erosion and Sediment Control)

Basis of Assessment 8.80 The water quality effects that will or may potentially arise during the project works relate to the discharge of construction phase stormwater which may contain elevated levels of sediment or increase erosion, from the storage of hazardous substances and from the dumping of spoil on the Gollans Bay Quarry potentially contaminated site. Also during the construction phase, there is potential for unexploded residue to leach into surface water and ultimately the CMA. 8.81 The site is located within ‘Zone BP’ as set out in the NRRP and pLWRP which subjects the area to additional controls, particularly with regard to erosion and sediment control. There are three identified Banks Peninsula Rivers on site and two other rivers identified in the

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Erosion and Sediment Control Assessment of Effects, and two water quality classes in the CMA – Coastal SG and Coastal CR. 8.82 The water quality effects arising from the project have been assessed by Tracy Reihana of MBC and Mark Smith of Westcircle who undertook a site visit on 20 Nov 2013. Their assessment of effects is provided in Appendix Fourteen. A summary of the construction and operation effects (after mitigation) is provided in Appendices 4 and 5 to the AEE report, with effects (if left unmitigated) also outlined in Appendices 2 and 3 of the report.

Key Findings/Results 8.83 The AEE identifies the soils on the site, noting that although much of the work area involves volcanic rock, there are also areas of loess, colluvium and talus; loess being highly vulnerable to erosion by water and wind, and is difficult to re-vegetate. Erosion is a natural process; however uncontrolled earthworks can result in levels of sediment which exceed background levels. 8.84 The project works will disturb soils which may result in increased sediment load, as set out in section 3.4 of the Erosion and Sediment Control AEE. As the works are anticipated to take one year to complete, the earthworks will be subject to all seasons and a range of rainfall events. The AEE identifies the range of natural features subject to earthworks and disturbance and describes the existing stormwater infrastructure, noting severe quake and post-quake damage requiring repair. 8.85 The receiving environment is described identifying five ephemeral streams and the likely effects on those streams. Also discussed is the CMA as the receiving environment, noting that potential adverse effects may include reduction of light to benthic zones, impact on lifecycles of marine organisms, smothering of intertidal and sub tidal zones, and chemical changes from increased phosphorus from volcanic soils. 8.86 Water quality limits (as set out in the NRRP and RCEP) are outlined, noting the NRRP limit of 50mg/m³ of TSS into Banks Peninsula Rivers. The particular rivers, locations and works that affect each river are outlined in the ECan Compliance Table in Appendix Two. Two other ‘non-BP Rivers’ are also located on site, and are subject to a maximum level of TSS of 100mg/m³. 8.87 The effects are listed as they would be if left unmitigated in order to identify where the more stringent erosion and sediment control measures should be put in place. These are outlined in section 4 of the AEE, with specific assessment on erosion, and stormwater and sediment effects. 8.88 Mitigation is discussed below, however the AEE notes the temporary nature of the works, but potential high degree of effect over this short duration. The repair of the existing damaged stormwater system will assist with limiting effects in operational phase. 8.89 Site Contamination is not outlined in the Erosion AEE as at the time of writing, little was known about that site. In comments received from Conor Parker, Contaminated Sites Officer at ECan, it was noted that there could be issues with stockpiling inert material at the

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

site including ‘the possibility of damaging any capping material over the landfill allowing surface water infiltration; slope stability due to added loading on the site; and cross contamination if stockpiled material is wanted for re-use off site’. 8.90 With particular regard to the use of explosives at the site and effects on surface and coastal water, Aurecon have advised RMG (by email dated 6 June 2014) of the following:

‘As with an any blasting, explosive residue should be minimal if the correct procedures are followed, some of these include not blasting in wet conditions, not leaving holes loaded with explosive material overnight, and ensuring any misfires are properly detonated etc. …. A well- managed blasting programme will ensure there is no unexploded material left in the ground.’ 8.91 It is therefore anticipated that all explosive will be consumed in blasts, with procedures in place to ensure that misfires are detonated. This will ensure that explosive residue is unlikely to enter into ground or surface water, or the CMA. Should there be any remaining explosive in the ground, this would likely leach out over time and therefore be in diluted concentrations resulting in a limited effect on surface or coastal water quality, and a limited effect on ecology as a result.

Mitigation/Management 8.92 The Erosion and Sediment Control Plan has been developed to manage sediment loss from the site during construction and operation, and it is expected that the plan will be adapted to fit the works as necessary, during the works phases. The principles of erosion and sediment control are outlined in the document, along with general provisions set out individually for both erosion and sediment control. Dust prevention is also noted under this plan, as dust can form a significant load of sediment in runoff if subjected to rain, and recommendations also include minimising dust. 8.93 Construction sediment control measures are listed under section 5 of the ESC Management Plan, with specific measures to be considered for each of the main works areas. 8.94 The methodology for the use of explosives will mitigate the effect to ensure that explosives are consumed during the blasting process, avoiding or minimising amounts of explosive residue that may remain on site. Explosive residue may remain on site should explosives (in particular, ANFO) get wet and dissolve. The key method to avoid explosive residue to is undertake the works during dry weather, and potentially using a water-proof cover in damp or wet areas to avoid water infiltration into the explosive. The use of explosives will be undertaken in accordance with best practice, minimising the risk of effects on the environment.

Conclusion 8.95 The AEE outlines the effects once mitigation measures are incorporated in section 6 of the AEE report. The report concludes that the TSS in stormwater discharge should be less than 50g/m³, and this can be further assured through adapting the erosion and sediment control measures on site via an adaptive management approach.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

8.96 The effects on water quality will primarily relate to the marine environment as the streams on site do not appear to provide any significant ecological habitat, discharging any stormwater rapidly into the CMA. Runoff over land would also be unlikely to cause any effects of significance prior to reaching the CMA. The ESC AEE considers that the effects would be ‘low’ with the use of mitigation measures, and overall, no more than minor. It is considered that effects from the use of explosives and potential discharge of residue would also be no more than minor.

Effects on Marine Ecology and the Marine Environment

Assessment 8.97 With regard to marine ecology, an assessment of the effects on the coastal and/or marine environment has not been specifically commissioned for this project; however, the impacts from sediment (considered to be the primary source of effects on the marine environment) are outlined in the Erosion and Sediment Control AEE. The primary effects on the coastal and marine environment are likely to arise from Total Suspended Solids (TSS) in construction phase stormwater discharge, which also results in an increase in turbidity and change to colour of the receiving water. The impacts from increased TSS include reduction of light to biological communities, impact on the life-cycle of marine organisms, smothering of intertidal and sub tidal surfaces, and chemical changes – in this case from phosphorous originating from volcanic soils. 8.98 Lyttelton Harbour has known issues with elevated levels of sediment, particularly at the inner (western) end of the harbour, as detailed in Environment Canterbury Technical Report R11/49 (‘Factors influencing the water quality of Lyttelton Harbour/Whakaraupō’ by Lesley Bolton-Ritchie, August 2011). That report also notes that although there is no data on the volume of sediment entering the harbour, there is concern that it is increasing noting that ‘soil input to the harbour has the potential to impact the ecological health of marine life and is likely a significant ecological issue for the harbour’ (piii). 8.99 The location of the project works is also alongside the dredged channel and spoil dumping grounds for Lyttelton Port. This process and implications on TSS is outlined in s4.5 of the Bolton-Ritchie report, which notes that ‘the dredging and deposition of seabed sediment will influence TSS concentrations through the water column in and adjacent to the area of activity. When dredging is underway there will be disturbance and hence re-suspension of seabed sediment along with some release of sediment from the dredge as it is raised to the sea surface to be deposited on a barge’. An application by LPC has recently been granted by Environment Canterbury for the ongoing dredging of the navigational channel (ECan reference CRC135318). 8.100 The stormwater catchments in which project area is located, drain into two different water quality class areas in the harbour as set out in the RCEP, being those protected for contact recreation (to the west) and for shellfish gathering (to the east). The shellfish gathering water quality class has a higher water quality standard, although the indicators relate

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primarily to faecal coliforms, dissolved oxygen, temperature, BOD5, and metals. It is noted that TSS limits do not differ between water quality classes in the RCEP, nor do the stormwater discharge trigger levels in RCEP rules. 8.101 The methods to mitigate effects from sediment entrained in stormwater are outlined in the Erosional and Sediment Control AEE and Management Plan in Appendix Fourteen, and discussed further in the section on Water Quality Effects above. 8.102 Overall, it is considered that the discharge of TSS in stormwater will have a minor effect on the marine ecology of the area, however the discharge is in an area with known elevated levels of TSS and also in an area of the harbour where tides, wave action, water depths and velocity should assist with dispersion of sediment. The measures outlined in the proposed Erosion and Sediment Control Plan will avoid or mitigate sediment entrained in run-off where possible and unmitigated runoff should be only for a short duration during the project works stages.

Other Effects

Natural Hazards 8.103 The project has been designed to reduce the risk posed by rock fall, which may occur from earthquakes, or general erosion processes. The risk profile has been assessed by Aurecon, with the proposed project works designed to reduce the risk to the general public for the foreseeable future. The effects from natural hazards at present are significant; however after works, the risk will reduce to minimise risk to road users..

Hazardous Substances 8.104 The project works include the use of hazardous substances, including explosives, diesel, and lubricants. The use, handling and storage of these substances is outlined in the Environmental Health AEE (also covering noise/vibration, lighting glare, and contaminated soil). 8.105 As the substances will be stored, handled and used in accordance with the regulations prepared under the Hazardous Substances and New Organisms Act 1996, the risk to the environment (including soil, water, and people) is minimised. Methods to prevent spills include storage in certified tanks/containers/magazines, secondary containment for storage of liquid substances, correct handling procedures to be followed, and use of spill kits should they be necessary. A clean up procedure is also to be followed if required, which includes isolating/containment of spills, removal of contaminated material and disposal through an authorised waste facility. 8.106 As the public will be excluded from the works area, and subject to the storage/handling/use methods proposed, the effect on people or the environment will be no more than minor.

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Restrictions on Public Access to coast, CMA, and public areas 8.107 The rock deconstruction works will require exclusion of the public from the Coastal Marine Area below the bluffs works area. This is to ensure public safety in the event that rocks fall into the CMA. This restriction will impact on the likes of recreational boaters, fishermen, and other coastal recreationists. The section of the coast affected is difficult to access by foot, and is presently within an area with an additional level of public exclusion as a result of the CERA road closure. There are likely to be very few people otherwise visiting the area overland (if any). The effect is considered to be no more than minor, as the restriction is temporary, only to a small section of coastline, and will protect human health and safety. 8.108 Further to the above, the application has been reviewed by the Lyttelton Harbourmaster (Jim Dilley) who has no concerns with the proposal, including the temporary restriction to that section of the coastline. The Harbourmaster has requested that the public be made aware of the restriction (e.g., through signage at boat ramps), and that the buoys be marked so that they can be identified if they detach from their mooring. These measures are included in this application. 8.109 There will also be temporary access restrictions to the public along sections of the Crater Rim Walkway and Greenwoods mountain bike track during the construction works phase. The tracks will be temporarily diverted along the site security fence to allow public thoroughfare, then reinstated to a similar alignment post-construction.

Conclusion on All Effects 8.110 The effects from the project will be varied, and in many instances can be mitigated through appropriate methodology being employed on site. This includes limiting hours/days for works, appropriate storage/use/handling of hazardous substances, and erosion and sediment control management. 8.111 Some mitigation will need to be devised or adapted during the site works, particularly if it becomes apparent that the methods used on site need to be modified to avoid particular adverse effects, or to meet requirements of any conditions that limit the degree of effect. It is expected that there will be ongoing changes and modifications made to the Management Plans as new information regarding the site and the scope of works becomes known. It is reiterated that Management Plans will be only adapted to reflect a lesser scope of works. 8.112 Other effects will be significant and mostly unavoidable unless works were substantially limited in certain areas; in particular, the effects on the ecology in and around the Crater Rim Bluffs work area. It is likely that there will be significant loss of some species, and this is not presently able to be quantified or qualified as the site is off limits.

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9 MANAGEMENT PLANS AND CONDITIONS

Overview 9.1 The draft Management Plans provided as part of the application have been developed in response to the identified adverse effects likely to be encountered during the project works and through to operation of the site. The draft Management Plans are part of the adaptive management approach proposed for this project, which is necessary because the extent of the site works is unknown. 9.2 As previously raised, the works applied for in this application represent a ‘worst case’ scenario, and it is preferred by the applicant that these works are minimised in order to reduce the time and expense of the work, and to also reduce the effects on the environment. Minimisation of the works would only happen if it became apparent that the risk profile the project is aiming to achieve will be possible with only a portion of the works occurring. 9.3 The adaptive management approach allows ‘unknowns’ within the project to be addressed, in particular the scale of the works, and the unforeseen effects that may arise during the project. It is considered that due to the scale of the project, that the adaptive management approach is an appropriate tool.

Approach

9.4 The approach to managing adverse effects that can or may arise during the project includes the preparation and adaptation of Management Plans. These are provided in draft form in Appendices Eight through to Sixteen of this application; the exception being the Archaeological Management Plan which will not be subject to Council issued consents. 9.5 With regard to the use of Management Plans and a Management Plan Framework, it is noted that this has been an accepted approach for two major New Zealand Transport Agency (NZTA) projects; being the Transmission Gully project in Wellington, and the Christchurch Southern Motorway Stage 2 project. As was the case for these two projects, it is anticipated that conditions of any consent granted would prescribe the preferred outcome of the Management Plans, setting out the purpose and objectives of each plan, along with matters to be included, reporting requirements and mitigation outcomes. 9.6 Overall, the purpose of adaptive management plans is to provide a tool through which the decision maker can be satisfied that certain effects can and will be appropriately managed. It is anticipated that there will be ongoing discussions between the applicant (or appointed contractor) and the consent authorities to ensure that Management Plans are refined when and where necessary, and independently certified. 9.7 The Management Plan Framework for the Sumner Road project is outlined in Attachment 3 to Appendix One (Proposal Description), however is also provided here for quick reference:

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Certification of Management Plans 9.8 It is anticipated that most Management Plans will need to be adapted or modified prior to works commencing (e.g., to address any consent conditions imposed), with further modifications during the site works. A process of certification of the plans is therefore proposed, with the plans and any modifications to them required to be certified by the Consent Authority (ECan or CCC), to ensure that the Plans reflect the requirements of conditions relating to purpose, methodology, outcomes, etc. 9.9 No works shall commence prior to the certification of the relevant Management Plans.

Management Plan Framework 9.10 The Management Plan Framework consists of an overarching Construction Environmental Management Plan, with nine further management plans addressing particular types of effect that could arise during the site works. 9.11 The nine individual Management Plans are set out below:

Construction Environmental Management Plan (CEMP) 9.12 The CEMP provides the ‘umbrella’ under which all other management plans align within the framework. The framework provided within the CEMP has the purpose of managing the construction and remediation works to avoid, remedy or mitigate adverse effects on the environment over the course of the project. 9.13 The second purpose of the CEMP is to give effect to any conditions of consent required by CCC or ECan, and for the most part, it is anticipated that the CEMP will be amended post-

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decision to address such conditions. 9.14 The CEMP outlines the responsibilities of the project team, including the CCC (as applicant) and contractor/sub-contractor, with reference to approved documents that must be adhered to during construction.

Landscape Management Plan (SEMP 1) 9.15 The purpose of the Landscape Management Plan is to ‘guide avoidance, remediation and mitigation of the adverse effects caused by the project on landscape and visual amenity’. This is to be achieved by advising contractors (for example) about how to achieve the Landscape Management Plan objective, and to prescribe methods and techniques. The objective of the plan is for ‘a landscape that appears as natural as possible’.

Construction Traffic Management Framework (SEMP 2) 9.16 The purpose of the Construction Traffic Management Framework is to prescribe the management of the construction traffic associated with the project works. As part of this framework, it is expected that Site Specific Transport Management Plans (SSTMP’s) will need to be created to address particular issues at particular parts of the site. Those would need to be approved by relevant Road Controlling Authority (e.g., NZTA, CCC, or Christchurch Traffic Operations Centre). 9.17 The objectives of this management plan are to avoid, mitigate or minimise safety effects on road users or works personnel and minimise traffic disruption. The management plan outlines roles and responsibilities, and notes where changes may be necessary depending on the construction methodology adopted.

Construction Noise and Vibration Management Plan (SEMP 3) 9.18 The Construction Noise and Vibration Management Plan is provided in Appendix Twelve to this application. The purpose of the management plan is to ensure noise is controlled to reasonable levels, to comply with relevant CCC consent conditions, and to avoid effects towards sensitive residential areas, including those across the harbour.

Dust Management Plan (SEMP 4) 9.19 The Dust Management Plan is provided in Appendix Thirteen to this application. The purpose of the plan is to control and mitigate dust emissions, to comply with relevant consent conditions issued by both CCC and ECan, and to specifically control dust that may affect residential properties, and publically accessible areas (e.g. walking tracks).

Erosion and Sediment Control Plan (SEMP 5) 9.20 The Erosion and Sediment Control Plan provides an initial assessment of the measures required to manage sediment loss from the site during construction and operation. The plan anticipates that the methods outlined will be adopted into the contractor’s methodology, with any changes necessary to be undertaken in consultation with the necessary council. 9.21 Although site specific management plans are not explicitly prescribed by the management

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plan, site specific controls are to be used (as shown in Appendix 1 and 2 to SEMP 5). It therefore follows that if required by consent authorities, site specific Erosion and Sediment Control plans should be developed to ensure that adverse effects can be managed taking into account any constraints or characteristic that may be necessary to achieve the purpose of the management plan.

Ecological Management Plan (SEMP 6) 9.22 The purpose of the Ecological Management Plan is to prescribe how activities should be undertaken ‘to minimise the damage done to indigenous biodiversity within the consent area, and to maximise its recovery once the project has been decommissioned’. The EMP will help to ensure the key issues affecting indigenous biodiversity are addressed, by prescribing clear courses of action that need to be followed. 9.23 The adaptive management approach is particularly important with this management plan, as much of the project area was not able to be surveyed, and managing effects may need to be reactive in some situations (compared to other aspects of site management) in order to mitigate or avoid effects. The goals of the framework are to minimise losses and damage to indigenous biodiversity, and managed remaining indigenous biodiversity post-construction to maximise recovery and self-sustainability.

Lizard Management Plan (SEMP 7) 9.24 The Lizard Management Plan is a sub-plan to the Ecological Management Plan and is prepared in part to address the requirements of Wildlife Act Authorities including translocation permits (from DoC) for handling lizards. The document has the general purpose of providing specific recommendations for undertaking limited salvage and transfer of Canterbury gecko from affected and accessible parts of the consent area to a secure, predator-free location. The long-term aim of this undertaking is the establishment of a viable gecko population at a secure site, thereby in part making up for losses incurred during construction.

Hazardous Substances and Contaminated Land Management Plan (SEMP 8) 9.25 The Hazardous Substances and Contaminated Land Management Plan is provided in Appendix Twelve to this application. The management plan has been prepared to ensure that the site works have a framework under which to comply with conditions of consent, to ensure works meet the requirements of s17 of the RMA (Duty to avoid, remedy, or mitigate adverse effects) and to provide a framework for the investigation and management of contaminated soil.

Archaeological Management Plan (SEMP 9) 9.26 The Archaeological Management Plan provided within the Archaeological Statement in Appendix 10 to this report. The management plan has been prepared in accordance with a condition of NZHPT Archaeological Authority 2012/321eq, noting that the Sumner Road project presents a medium risk to archaeology. The Management Plan has been provided as part of the Management Plan Framework as it informs the CEMP, and has obligations for the contractor such as training.

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Conditions 9.27 In addition to the use of an adaptive management approach as outlined above, further conditions are volunteered, as outlined in Appendix Eighteen to this application. 9.28 The volunteered conditions are set out in such a way that there are a suite of ‘Common Conditions’ which are relevant to all consents, and then follow volunteered conditions relevant to individual applications. 9.29 The Common Conditions define the scope of the project and of critical importance, set out the methods and means for the ongoing certification of Management Plans. As detailed above, the Management Plans are in place to address adverse environmental effects, however it is anticipated that the scope of works may change within accepted parameters, and Management Plans may need further adaptation to address effects. Further, as the project develops on site, unforeseen issues may arise given the limitations in accessing the site to understand all parts of the site, and those issues may require amendments to one or more Management Plans. 9.30 In order to provide certainty to the applicant by avoiding either amendments to any consent issued or additional consent applications, the conditions outline a method whereby Management Plans can be altered and adapted where necessary, and certified by the Consent Authority. Certification (not ‘approval’) would confirm that any changes to the Management Plan(s) remain within the scope of the consent as granted, that the Management Plan remains consistent with the overall intent of the draft Management Plan lodged with the application, and addresses any further requirements required by conditions of consent. 9.31 Volunteered Conditions also set out the purpose of each Management Plan, and the content of those plans. 9.32 Other conditions volunteered include limits to construction hours, and general requirements for operations at the site or within the area. 9.33 The applicant welcomes discussions regarding the conditions with ECan and CCC during the processing of the consent applications.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

10 ASSESSMENT OF OBJECTIVES AND POLICIES

10.1 In the following section, the proposal is assessed in relation to the objectives and policies of the following district and regional plans. Christchurch City Council application  CCP  BPDP

ECan applications  NRRP  pLWRP (decisions version dated 20 Jan 2014)  RCEP  EVMRP 10.2 Note that an assessment of the other matters for consideration as set out under s104 of the RMA (e.g., policy statements, NES, other regulations, etc) is provided in the following section. 10.3 For the purposes of this report, each of the Council’s plans are considered separately.

Christchurch City Council Application Banks Peninsula District Plan 10.4 The objectives and policies from the Banks Peninsula Plan that are relevant to this project are discussed below.

10.5 Chapter 7, Objective 1 seeks to address the effects of development on natural and physical resources by ensuring physical development does not detract from the wider environment. Policy 1C requires that physical development should reflect or enhance the amenity values of the area, while policy 1D requires that physical development should not detract from strategic infrastructure that is significant to the region or district.

10.6 It is considered that the proposed works are significant and visually will create effects that are not consistent with Policy 1C. However, the proposed physical development is required to provide for strategic infrastructure, being Sumner Road which is significant to not only the Banks Peninsula district but the entire region.

10.7 Overall the proposal is considered to be consistent with Chapter 7, Objective 1 given the importance of Sumner Road as significant infrastructure. However, it is evident that the works are likely to be contrary to the relevant Policy 1C.

10.8 Chapter 8, objective 1 seeks to protect the importance of tangata whenua and their concepts. Policy 1C requires that tangata whenua are consulted as part of resource management processes. Consultation has been undertaken with the Ngati Wheke (Rapaki

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Runanga) with a response received on 31 October 2014. Ngati Wheki have outlined their support for the re-opening of Sumner Road specifically in relation to reducing heavy traffic through the tunnel and through the Rapaki settlement.

10.9 Chapter 11, Objective 1 seeks to address waste management and ensure that waste management disposal facilities meet the needs of the district. The relevant policies address the management, location and effects of waste disposal. The proposed works will be consistent with this objective and relevant policies given that the site management plans identify and ensure waste is managed and disposed of in an appropriate manner.

10.10 Chapter 12, Objective 1 is to preserve the natural character and amenity of the coastal environment. Relevant policies 1A -1C identify the important of the natural values of the coastal environment and seek to protect them from inappropriate use and locating buildings so they are not visually dominant.

10.11 While some of the proposed works are of a temporary nature, the proposed bunds and benching will be permanent and will be visible given their prominent locations.

10.12 Chapter 13, Objective 1 relates to avoiding, remedying or mitigating adverse effects of development on outstanding natural features and landscapes. Policy 1B and 1C discusses the avoidance of earthworks and development in outstanding natural features and landscapes while Policy 1E recognises and provides for significant infrastructure and their function in providing for sustainable management. The project works are consistent with Policy 1E given the strategic importance of Sumner Road. Proposed works that occur within the outstanding natural landscape are relatively significant but on the balance of the project cannot be avoided.

10.13 Chapter 19, Objective 1 is to maintain the landscape values, natural character and amenity values of the Rural zone. The relevant policies 1A and 1B relate to maintaining and enhancing the amenity values of the zone through certain types of development. These include development away from prominent ridge lines. The proposed works affects a prominent ridgeline as defined within the Boffa Miskell Landscape Study which forms part of the BPDP. As set out in the Landscape AEE (Appendix Nine), the skyline in this location will be slightly lowered, however ‘despite a change in its location the skyline will still appear to be in keeping with the surrounding land form free of alien or incongruous structures’ (p28).

10.14 Objective 6 in chapter 19 relates to ensuring new activities are compatible with existing infrastructure. The project works are considered to be compatible with Sumner Road given that is necessary to provide for its continued use in the future. Policy 6A is not considered to be relevant to this proposal.

10.15 Chapter 27, Objective 1 and Policy 1A discuss the importance of the Lyttelton Port and the need for its efficient operation. The proposed works provide for the efficient use of the port through the reopening of Sumner Road which is a key transport route for the port and its operations. The proposal is considered to be consistent with this objective and policy.

10.16 In summary, the proposed Sumner Project is potentially contrary to a number of the relevant objectives and policies outlined above given the adverse effects it will create on the amenity values of the surrounding coastal, rural and outstanding natural environment. However, the proposal is consistent with a number of other relevant objectives and policies

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that relate to providing for strategic infrastructure.

Christchurch City Plan 10.17 The two key policy and objective topics from the City Plan that are relevant to this project are:

 Natural Environment  Transportation

10.18 In terms of Natural Environment, the overall objective In the City Plan dealing with this is:

Maintenance and enhancement of the quality of natural resources and their ability to meet the needs of present and future generations

10.19 This objective seeks to ensure the character and qualities of this environment are maintained however acknowledges the need to provide for the needs of the community. These needs in this particular environment involve the health and safety of the public. The proposal is considered necessary to the ongoing use of the surrounding landscape by the general public and given the effects conclusions reached above, it is considered an appropriate alteration of the natural environment.

10.20 Specifically, Objective 2.7: Port Hills states:

“Maintenance and enhancement of the distinctive landscape and natural characteristics of the Port Hills”

10.21 The site is partially located within the Port Hills and therefore is captured by the Christchurch City Plan. As discussed above in Section 7, this is a distinct natural environment that will result in changes from the proposed works. However, the works are necessary to ensure the health and safety of all users within the surrounding environment and users of Sumner Road. The works within the Christchurch City Plan boundary may temporarily alter the natural characteristics of the Port Hills but will reinstated once the works are completed. The works will maintain the distinctive Port Hills landscape as best as practicable however some change is anticipated temporarily. The proposed haul road and stockpiling area will be removed and or reinstated once the project is completed, although Haul Road B will be retained. Given these effects are temporary it is considered that the proposal will maintain the natural character of the Port Hills within the Christchurch City Plan area.

10.22 In terms of Transportation, Objective 7.1: A sustainable transport system requires a safe and efficient transport system. The proposed rock deconstruction works will facilitate the reopening of Sumner Road, which is a key transport system within Christchurch City. Sumner Road is currently not a safe environment given the imminent rockfall risk and the proposed works will provide for it reopening. It is considered the proposal supports the above relevant proposal.

10.23 Specifically, Objective 14.2: Efficient and effective use states:

“(a) The efficient and effective use of open space and recreational facilities in meeting the recreational needs of the community.

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(b) Enhanced public awareness and enjoyment of the City's open spaces and recreational facilities. “

10.24 The proposed works will be undertaken within both a Council reserve and DoC reserves. The CCC reserve (Uramanu) is now open but the other reserves are currently closed off due to the rockfall risk and no public access is available, with the exception of parts of Tauhinu Korokio Scenic Reserve above the bluffs which are open to the public. The proposed works to the site are vital to reopening this site to the public and allowing for the enjoyment of these open spaces. The site contains a section of the Crater Rim Walkway which is a popular recreational area for cyclists and walkers. The proposed works will ensure the efficient and effective use of the subject site while providing for the public’s enjoyment of this space in the future.

10.25 Overall, given that the proposed works are only partially within the Christchurch City Plan jurisdiction, and those works are generally temporary short term effects, the proposal is consistent with the relevant policy framework of the City Plan.

Environment Canterbury Applications

10.26 The relevant objectives and policies for consideration of the applications to ECan are found in the NRRP, pLWRP, the LVMRP and the RCEP. As noted in section 3 above, the NRRP (excluding Chapter 3) and the LVMRP is set to be replaced by the pLWRP which has been re- notified in January 2014, subsequent to hearing commissioners recommendations. The appeal period has since finished, however some appeals on the plan in its entirety mean that no parts of the plan are yet operative. In that respect, greater weighting should be placed on the objectives and policies of the pLWRP, particularly if there is a conflict with any of the plans which it is set to replace. 10.27 The following assessment is therefore under the terms of the pLWRP with reference to NRRP Chapters 4, 5 and 8, and LVMRP which the pLWRP will replace, and under the terms the NRRP Chapter 3 and the RCEP.

Proposed Land and Water Regional Plan 10.28 The proposed Land and Water Regional Plan has been notified with hearing commissioner recommendations on 20 Jan 2014, and relates to land and water activities in Canterbury particularly addressing effects on water quality, water quantity and soil conservation. The following objectives and policies are considered to be relevant under this plan: 10.29 Objective 3.3 states that ‘nationally and regionally significant infrastructure is enabled and is resilient and positively contributes to economic, cultural and social wellbeing through its efficient and effective operation, on-going maintenance, repair, development and upgrading’. This objective is considered to be fundamental in the consideration of this project as it reflects the purpose of the works as follows:  The route is considered to be regionally significant, as set out in the Greater Christchurch Transport Strategy, Regional Transport Strategy, and Land Use Recovery Plan.  The works as set out in this application are necessary to provide the required risk profile which will also achieve route resilience, and provide for a low level of

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

ongoing maintenance and repair in perpetuity.  When reinstated, the route will provide for the cultural, economic and social wellbeing of both residents of Christchurch, and for commercial operations – in particular, those of the port. 10.30 Objective 3.16 states that freshwater bodies and catchments shall be maintained in a healthy state, and Objective 3.19 aims to protect the natural character values of freshwater bodies. As previously addressed in the Assessment of Effects, the freshwater ecology for the site was not considered to be evident, and the existing character of those streams on site will remain in a similar state of health after the works. 10.31 Objective 3.21 relates to the diversion of water, erection and placement of structures and removal of vegetation, stating that these shall not exacerbate the risk of flooding or erosion of land or damage to structures. The location of the bunds within two ephemeral stream beds will not exacerbate erosion effects as water can still permeate the structures, and a culvert will be provided to channel water through the stream bed. The original road culvert is located just below the bund structures, and will further alleviate erosion risk. 10.32 Objective 3.22 is also key to this project, stating that the effectiveness of man-made natural hazard protection infrastructure is maintained to reduce the risk of and effects from natural hazards including those arising from seismic activity and climate change. The scale of the works proposed – and in particular the benching - is in order to reduce ongoing risk to those using the route, and to minimise ongoing maintenance. 10.33 Objective 3.23 requires that human-induced erosion and contamination are minimised to soils, recognising that soils are healthy and productive. With regard to the project, the loess soils on site are naturally subject to greater erosion. The methods outlined in the Erosion and Sediment Control Management Plan will minimise erosion effects, and provide for soil being reinstated along the likes of access routes, and stabilised. The works on site will be temporary and erosion and sediment runoff will increase during this time, however in the long term the site will not be likely to need much work to maintain or operate the road, bunds and benches. Therefore, the site will be ‘left alone’ in the long term to naturalise, with sediment and erosion reverting to natural background levels. 10.34 Objective 3.24 relates to activities operating at ‘good environmental practice’ or better to optimise resource use and protect freshwater resources from quality/quantity degradation. It has been previously addressed in this report that the freshwater resource on site is in ephemeral streams, which quickly discharge freshwater into the coastal marine area. Although this objective does not relate to coastal water, it is still important to use erosion and sediment control measures, and correct storage/handling and use of hazardous substances to protect the freshwater (and consequently, the coastal water) from degradation. These methods are outlined in the appended management plans. The potential to divert water within the bed of ephemeral streams is non-consumptive and will be used to ensure clean water is diverted around construction areas. This will avoid degradation to the stream water quality, and maintain the water quantity. 10.35 With regard to the pLWRP policies, Policy 4.1 is noted which relates to fresh water outcomes set in Section 6-15 of the plan and in Table 1. The freshwater outcomes in Table 1a should be met, in particular the sedimentation in the bed of the rivers is unlikely to increase given the steep nature of the stream and catchment – it is more likely that sediment entering streams will end up in the CMA. Section 10 covers Banks Peninsula, and states under sections 10.3 and 10.4 that general policies 4.1, 4.2, 4.3 and 4.4 apply, and there are no additional policies to those listed in section 4. It is noted that none of policies 4.1-4.4 apply

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

to the project, given the unique nature and characteristics of the freshwater and groundwater at the site. Policy 4.3 is however noted, as it sets out the requirements for management of surface water bodies – these do not apply to the project as the works do not affect fish or fish passage, or water flows. 10.36 Policy 4.13 relates to discharges of contaminants (that are not covered by Policy 4.12) to surface water bodies or groundwater, stating that the effects from such discharges should be minimised by the use of measures that: (a) first, avoids the production of the contaminant; (b) secondly, reuses, recovers or recycles the contaminant; (c) thirdly, reduce minimise the volume or amount of the discharge; or (d) finally, wherever practical utilise land-based treatment, a wetland constructed to treat contaminants or a designed treatment system prior to discharge; and (e) in the case of surface water, results in a discharge that after reasonable mixing meets the receiving water standards in Schedule 5.

10.37 With regard to the potential discharge of sediment and erosion arising from the project, the methods used on site include stabilising disturbed areas which will avoid production of the contaminant in the first instance where at all possible. For construction stormwater, (b) above is not considered to be practicable. The methods to be used to minimise volumes/ amounts of the discharge are set out in the ESCP (Appendix Fourteen), as are the use of stormwater treatment devices, which achieves (c) and (d). Given the ephemeral nature of the stream, it is not considered that reasonable mixing within the stream is a reasonable measure. It is considered that the RCEP policies regarding coastal water quality are more appropriate for this discharge given the limited effects on the streams. 10.38 Policy 4.14 relates to the discharge of contaminants into groundwater which is unlikely as groundwater is not evident on site, although may exist in small pockets. Sediment is unlikely to reach groundwater, nor are any accidental spillages of hazardous substances which will be avoided, mitigated, or remedied if they occur, and would not be likely in volumes that would affect a groundwater resource. It is further noted that there are no wells or community water supply wells in the vicinity of the site. 10.39 Policies 4.15 and 4.16 relate to stormwater systems, but only in urban areas. Policy 4.17 requires that stormwater run-off volumes and peak flows be managed so that they do not cause or exacerbate erosion, damage infrastructure downstream or result in risks to human safety. The repairs to the stormwater infrastructure will take into account the stormwater run-offs and peak flows, and CCC Roading Engineer Peter McDonald has noted that culvert and outfall sizes may need to be upgraded to reflect increased volumes arising from climate change. The project works will therefore be in accordance with this policy. 10.40 Earthworks Policy 4.18 refers to the discharge of sediment from earthworks (including roading) and from works in river beds, stating that if sediment in discharge is not avoidable, then the best practicable option is used to minimise the discharge to water. The use of an adaptable management plan for Erosion and Sediment control will ensure that this works are undertaken in accordance with this policy. 10.41 Policy 4.19 relates to the discharge of contaminants to groundwater from earthworks, and also from waste disposal/collection sites and contaminated sites, and seeks to ensure that activities are undertaken to avoid groundwater contamination and that contaminated sites are managed to minimise contamination of groundwater. As discussed above, it is considered unlikely that earthworks will contaminate groundwater due to a likely lack of

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

groundwater in the vicinity. The contaminated site at Gollans Bay is relatively flat which may allow for greater infiltration of groundwater. The site contamination is existing, and the proposed disposal of rock on the site will not trigger a need for consent under the NES (The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health)). 10.42 Although the soils of Banks Peninsula are generally considered to be susceptible to erosion, the site works outside of riparian zones do not trigger any Rules in the pLWRP for earthworks. That aside, ‘erosion prone’ is not defined in the pLWRP, however ‘hill and high country’ is, with sites having slopes greater than 20° considered to be ‘hill’. Policy 4.20 states that on erosion-prone land, that clearance of vegetation is undertaken in a manner which minimises the exposure of soil to erosion, controls sediment run-off and re- establishes vegetation cover as quickly as possible. The project works will include such controls with measures proposed to minimise erosion, control sediment in run-off, and site remediation including re-establishing vegetation as soon as is possible after site works (or a phase of site works). 10.43 Policy 4.22 refers to land clearance and earthworks potentially causing sedimentation of water bodies, requiring that sedimentation is minimised or avoided by the adoption of control measures. The policy appears to mainly relate to the likes of farming and forestry clearance, however with regard to the Sumner Road Project, it is considered that sedimentation in streams will be avoided or mitigated through site management practices set out in the various management plans (including the Construction Environment Management Plan and the Erosion and Sediment Control Plan). 10.44 Hazardous substance and hazardous activity Policy 4.25 relates to the use, storage and discharge of hazardous substances. As per the policies regarding the discharge of sediment, the first priority is to avoid the discharge of these substances onto land or into water, and secondly, in the event of a discharge, that the spillage/discharge is contained on site and does not enter surface water, groundwater or stormwater systems. The use, storage and discharge (in the case of explosives) on site will be undertaken in accordance with HSNO regulations as set out in the Environmental Health Management Plan in Appendix Twelve, and the matters set out in this policy also reflect the HSNO regulations in terms of avoiding effects on the environment. 10.45 Policy 4.26 is noted as it relates to the discharge from contaminated land. As it appears that the former landfill area at the Gollans Bay Quarry is capped, the discharge into the environment from rainwater entering the landfill material is likely to be minimal, or non- existent. There will be an ongoing stormwater discharge from this site, including from the area containing the dumped spoil material. The initial discharge during the project works would be expected to contain a higher load of sediment from the dumped rock, however this will be collected in construction phase stormwater treatment devices, and revert to background concentrations over time. Therefore, it is not expected that the discharge from the rocks would become contaminated as a result of the contaminated site. Overall, the discharge from the site will have the same or similar characteristics as the existing discharge. 10.46 Policy 4.47 relates to the small scale diversions of water for establishing, maintaining or repairing infrastructure and earthworks, noting that these shall be provided for. It is possible that the erosion and sediment control works may include a temporary diversion around works areas, in particular, for the construction of the bunds. 10.47 Policy 4.85 states that riparian planting should be provided to enhance biodiversity and ecosystem health in rivers. Part of the site rehabilitation post works includes planting and

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

stabilising of disturbed areas of ground where practicable, otherwise natural succession is expected to occur in such areas. 10.48 Policy 4.86 refers to earthworks and structures in beds or margins of rivers, and expects such structures to maintain the character and channel characteristics of rivers, protected sties and areas of significant indigenous biodiversity values or of cultural significance to Ngai Tahu, and do not preclude existing lawful access (unless for public health and safety). The streams in which the bunds are to be constructed are ephemeral with no defined bed. The inclusion of the bunds (with culverts) will be unlikely to adversely affect channel characteristics. The bunds may dissuade public access into the reserve although not purposefully. As the bunds are for public safety, this also has to be taken into account. 10.49 The proposed erosion and sediment control works may include temporary diversions of ephemeral surface water around works sites in the beds of the streams, which will ensure that the works are in accordance with Policy 4.88. The bund structures (and associated earthworks) will not restrict flood flows or create/exacerbate erosion on the bed or banks of the river and will be in accordance with Policy 4.89. 10.50 Policy 4.96 is of particular relevance to this project, stating: ‘The consequential effects of seismic activity are recognised and timely and appropriate responses to such activity are facilitated.’ 10.51 Further to the above policy, Policy 4.97 also enables remediation works to address effects from natural hazards, as follows: Remediation works which are necessary to enable people and communities to recover from natural hazard events (a) occur in a timely way, (b) the works are managed to minimise their duration and scale, (c) the works do not cause or exacerbate potential natural hazards elsewhere, and (d) adverse effects on the environment resulting from the works are avoided, remedied or mitigated.

10.52 With regard to the above two policies, Policy 4.96 indicates that responses to activities relating to earthquake repairs will be facilitated. Policy 4.97 further enables such works. The Sumner Road Project Works will occur over an approximate 20 month period although will be reduced in scope if not all works are necessary to reduce risk to the required levels. This will result in a timely project, with timeframes reduced if at all possible. The works have been engineered so as not to exacerbate other potential hazards, although it is noted that the main natural hazard for the site is rockfall as a result of seismic activity or erosion. 10.53 As detailed within the Assessment of Effects section of this report, adverse effects will be avoided, remedied or mitigated where possible, although some adverse effects (including some major effects) may not be able to be avoided or mitigated, such as the effects on ecosystems from works to the bluffs.

Natural Resources Regional Plan – Air Quality (Chapter 3) 10.54 NRRP Chapter 3 - Air Quality is presently under review; however the operative provisions for discharges to air still lie with the NRRP. 10.55 Objective AQL1 aims to ensure that localised air quality issues are avoided that could cause

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

adverse human health or safety effects, soiling of structures on neighbouring properties, adverse effects on health and functioning of ecosystems, plants and animals, and contamination of water. 10.56 Policy AQL6 (Avoid dust nuisance) requires that the discharge to air of dust shall not be objectionable or offensive to the extent it has or is likely to cause an adverse effect on the environment beyond the boundary of the site where the discharge originates. 10.57 As set out under the Assessment of Environmental Effects, and outlined in the Air Quality AEE (Appendix Thirteen) and the Erosion and Sediment Control AEE/Management Plan (Appendix Fourteen), the site works may result in dust becoming air-born and reaching properties in east Lyttelton, particularly in the event of an easterly wind. As set out in the Air Quality Management Plan, dust can be largely minimised through site management practices, however may not be fully avoidable. 10.58 Dust may also affect streams and ecosystems in the area when it falls in areas that later receive rain. Site management and construction practices will aim to reduce dust as far as is practicable, but there will be some residual dust entering into the surrounding environment within the site, including streams and ecosystems. As discussed in the assessment of effects, this is likely to create an effect no more than minor. 10.59 In situations where necessary dust-generating activities are unavoidable, there is potential that dust may reach Lyttelton residents. In these situations it is proposed that a Construction Communications Plan be used to advise potentially affected residents of the timing and duration of those works, and this is volunteered as a condition of consent. The dust from soil is likely to cause a nuisance effect, and may soil structures; and with the use of the Communication Strategy, residents can plan for those effects (e.g., drying washing inside). 10.60 It is noted that the effect from soil dust differs from coal dust arising from the nearby coal port which is blacker and finer-grained and would have a far greater nuisance effect (in terms of soiling and the area of the effect) than soil/construction dust. 10.61 Overall, the dust may cause an objectionable effect beyond the boundary of the site, however with a communication strategy in place, residents can be made aware of the occurrence and plan for it. It is therefore considered that the dust arising from the site works will be generally in accordance with the operative objectives and policies of the NRRP.

Natural Resources Regional Plan – Water Quality (Chapter 4), Water Quantity (Chapter 5), and Soil Conservation (Chapter 8) 10.62 Chapters 4, 5 and 8 of the NRRP are set to be superseded by the pLWRP. Given the advanced stage of the pLWRP (albeit presently under appeal), it is considered that the objectives and policies of Chapters 4, 5 and 8 will have lesser weighting in the consideration of this application, than the objectives and policies of the pLWRP as addressed above. 10.63 Therefore, the following objectives and policies of Chapters 4, 5 and 8 of the NRRP are briefly outlined and addressed to ensure all necessary matters are covered. 10.64 Chapter 4, Objective WQL1.1 addresses the water quality objectives for rivers, requiring that water quality achieve the outcomes as listed in Table WQL5. Policy WQL5.1 relates to non- point source discharges to surface water, outlining requirements to avoid or minimise cumulative effects from diffuse discharges. Policy WQL6 relates to the management of riparian zones in terms of minimising disturbance/deposition of soil or vegetation clearance,

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

to minimise sediment in water or inducing erosion. With regard to the Sumner Road Reopening Project, it is noted that there will be discharge of sediment into the ephemeral streams on site, however this will be minimised as far as practicable through use of erosion and sediment control devices as outlined in the Erosion and Sediment Control Plan. 10.65 Objective WQL2.1 outlines the water quality outcomes for groundwater, with most references to nitrate-nitrogen concentrations and maintaining water quality standards for potable water and for aesthetics. The part of the project that could result in groundwater contamination is that from an unlikely accidental diesel spill that may seep into the ground, however there will be mechanisms in place to prevent this occurrence and ensure clean up should it happen. It is considered that there is unlikely to be any substantive volumes of groundwater at the site, and there are no wells in the vicinity of the works, and therefore the potential discharge into groundwater will be in accordance with the objectives and policies of the NRRP. 10.66 Regarding water quantity (Chapter 5), the works on the site may involve the use of clean water diversions around works in rivers, which could include the construction of the two bunds, and works to the road culverts. As the surface water diversion will be non- consumptive, and will not affect in-stream ecological or aesthetic values, it is considered that only Objective WQN1 – which is a general objective to safeguard surface water for future generations – applies. It is not evident that any policies apply. As the streams that may be affected are not particularly sensitive in terms of ecological values or as a freshwater resource, it is considered that the proposed works in the bed of the stream and any associated diversion that may be necessary, will be in accordance with this objective. 10.67 Chapter 8 discusses soil conservation which is a particular issue for the erosion-prone Banks Peninsula area. Policy SCN1 discusses the maintenance or restoration of vegetation cover on hill and high country non-arable land. The project involves the removal of vegetation at the site in order to undertake earthworks, however exposed surfaces will be rehabilitated and re-vegetated with either hydro seed in appropriate locations, or as part of a native vegetation replanting programme as set out in the Ecological Management Plan. 10.68 Policy SCN4 discusses the stabilisation of hill country slopes subject to deep-seated erosion. Methods outlined in this policy include the stabilisation of slopes, replacement planting, and long term management to ensure erosion remains controlled. The methods outlined in the Ecological Management Plan reflect these requirements, and it is considered that the works will be in accordance with this policy. 10.69 Policy SCN5 discusses earthworks and vegetation clearance activities requiring methods to reduce the amount of erosion likely to occur, including minimising risk of erosion, undertaking land rehabilitation and avoiding effects on waterbodies. As discussed within this report, sediment and erosion will be controlled as set out in the methods in the Erosion and Sediment Control Plan. Site rehabilitation will also occur as set out in the ESCP, and in the Ecological Management Plan, which should in the medium to long term assist with controlling erosion and retain the sediment on site. As ongoing maintenance will be unlikely to require further land disturbance, once the rehabilitation measures are in place, medium and long terms erosion can be minimised, reverting to background/natural levels.

Land and Vegetation Management Regional Plan 10.70 Objective 1 of the LVMRP relates to ensuring that earthworks and vegetation removal do not increase instability, induce soil erosion, concentrate runoff, degrade water quality, or

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

damage watercourses or property. The proposed works will be in general accordance with this objective, although it is acknowledged that there will be some soil erosion, degradation of water quality and ‘damage’ to watercourses – albeit temporarily for the purposes of constructing bunds and undertaking roadworks. 10.71 Objective 2 refers to avoiding adverse effects on outstanding natural features and landscapes, and areas of significant indigenous flora and fauna, which is further addressed by Policy 3 outlined below. 10.72 Policy 1 relates to land management practices that avoid soil disturbance and vegetation removal. With regard to the project, this will be achieved through undertaking works in accordance with the erosion and sediment control plans. Policy 2 seeks to control earthworks and vegetation clearance on the Port Hills to avoid induced erosion and slope instability, remedying or mitigating only if prevention is not feasible. As the works undertaken will be possibly less than set out in this application, it unnecessary soil disturbance and vegetation removal will be avoided. 10.73 Policy 3 relates to identifying areas of natural character and areas of significant natural flora and fauna. As outlined in the Landscape AEE, and the Ecological AEE, the site does have areas of significance which are identified on site. The policy also seeks to protect such features from adverse effects of earthworks and vegetation which will unfortunately be unavoidable for this project. The mitigation and remediation options set out in the Landscape and Ecological Management Plans will reduce the impacts of the earthworks and vegetation removal, however some effects will be significant at long term. 10.74 The project is considered to generally accord with the objectives and policies of the LVMRP, with the exception of Policy 3 where it is identified that effects on some species and on parts of the landscape will be severe. In the long term, some effects will lessen with softening of landscape features and recolonisation of species into disturbed areas, but the potential loss of some species and loss of habitat will diminish natural character and features, and ecosystems. 10.75 It is therefore likely that the proposed works will not be in accordance with Objective 2 and Policy 3 of the LVMRP. In this regard, it is also noted that the LVMRP does not include strategic objectives and policies that could provide for recovery activities which could offset the lack of accordance with Objective 2/Policy 3. It is noted that the pLWRP which has objectives and policies for recovery works and infrastructure, has a higher weighting than the LVMRP which is soon to be superseded.

Regional Coastal Environmental Plan 10.76 The RCEP relates to the Coastal Marine Area and the land immediately adjacent. Of note is that the CMA located adjacent to the site is a Statutory Acknowledgement Area (Statutory Acknowledgement for Te Tai o Mahaanui (Selwyn – Banks Peninsula Coastal Marine Area). The site does not contain nor is part of an Area of Significant Natural Value. 10.77 With regard to objectives and policies, Chapter 6 of the RCEP relates to the natural character and appropriate use of the coastal environment – the ‘coastal environment’ being broadly defined as areas affected by coastal processes and can include coastal landscapes. 10.78 Objective 6.1 aims to protect or enhance sites/areas of nigh natural, physical, heritage or cultural value. Objective 6.2 follows on from that and relates particularly to the Banks Peninsula coastal environment, stating:

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

To protect, and where appropriate enhance, natural character and amenity values of the Banks Peninsula coastal environment including: a) Volcanic and coastal landforms and features; b) Estuarine and coastal vegetation and habitat; c) Coastal processes and ecosystems; d) Areas of high water quality; e) Areas of high visual amenity value, and/or otherwise unmodified by structures or other activities, in particular the outer bays and open coast. 10.79 Policy 6.1 states that ECan will control (avoid or remedy) effects on the coastal ecosystems and identified values of areas of high natural, physical, heritage or cultural value. Policy 6.2 relates to the development of land landward of the CMA on the identified values of areas of high natural, physical, heritage, or cultural value. 10.80 The effects on the CMA have been outlined in section 8 of this report, with it being noted that the primary effect on ecosystems will from sediment entering the CMA, although the effects are expected to be minor as the receiving waters are unlikely to be particularly sensitive. The works will also affect coastal landforms – particularly the benching proposed - and will damage or destroy vegetation. It is noted that the vegetation affected is not coastal vegetation. 10.81 Policy 6.4 states that within the CMA, ECan will protect networks utility infrastructure, and with regard to this project, that would include the stormwater outfalls from the Sumner road stormwater drainage infrastructure. 10.82 Chapter 7 relates to Coastal Water Quality, with Objective 7.1 aiming to enable present and future generations to gain benefits from the quality of the water in terms of cultural, social, recreational, economic, health and other benefits. Of note is clause (e) which notes ‘preserving natural character and protecting outstanding natural features and landscapes, where water quality is an aspect of their value, from reductions in water quality’. The construction works on the site will disturb the natural landform and as a result, it is expected that despite erosion and sediment control measures being in place, that sediment will enter Lyttelton Harbour above background concentrations. Although this will adversely affect water quality near the site, this will be temporary and sediment will be diluted in coastal water as a result of coastal processes (e.g., wave and tidal action, coastal currents). 10.83 Policy 7.2 establishes the water quality classes, with the project site being part of catchments that drain to ‘water managed for contact recreation and for the maintenance of aquatic ecosystems’ (Class CR) relating to the western part of Lyttelton Harbour, and ‘water managed for shellfish gathering, for contact recreation and for the maintenance of aquatic ecosystems’ (Class SG) being the eastern/outer end of Lyttelton Harbour. 10.84 Policy 7.4 relates to discharge of contaminants or water or onto land in the CMA, in circumstances where after reasonable mixing, the water quality standards would not achieve the water classification purposes. In such circumstances, Policy 7.4 requires the applicant to satisfy ECan under the following terms: (a) that exceptional circumstances justify the granting of the consent; or (b) that the discharge is of a temporary nature; or (c) that the discharge is associated with necessary maintenance work; or

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

(d) that practicable alternatives to avoid such a discharge are not available. 10.85 Although it is considered likely that the coastal water quality standards may be maintained as a result of erosion and sediment controls on site, in the event of unforeseen discharges and with regard to this policy, it is noted that all of the above clauses apply to the project. Firstly, the works relate to a recovery activity that is necessary to achieve the requirements of the LURP, GCTS and RTS. Secondly, the discharge will be temporary in nature, and erosion and sediment on site will be controlled where that is possible. The discharge could also be considered to be associated with necessary maintenance, although works above the scope of what could be considered ‘necessary maintenance’ are also proposed. Finally, all practicable alternatives to the discharge of sediment will be undertaken where possible, however some degree of discharge will not be possible. In terms of this Policy, the project and associated mitigation works will satisfy all terms listed above, although it is noted that only one needs to be satisfied in order to consider the project to be in accordance with this policy. 10.86 Policy 7.6 relates to setting a reasonable mixing zone for such discharge, however on the basis that much of the discharge will be from across the whole site (i.e., a diffuse discharge), a mixing zone is difficult to define. Given the temporary nature of the site works and the use of erosion and sediment control measures on site, the content of sediment in discharge is not expected to be significant to a degree where a mixing zone would reasonably need to be defined. 10.87 Chapter 8 relates to activities and occupation in the CMA. Objective 8.1 is to enable people to use the CMA and its resources while maintaining their safety, health and wellbeing, and managing effects on natural character and other values of the coastal environment. 10.88 Policy 8.1 notes that the ‘reconstruction, alteration, removal or demolition of structures, and limited disturbance of the foreshore or seabed and deposition of natural material and the erection of minor structures; the operation and development of network utility networks’ can be considered as permitted activities subject to effects being avoided, remedied or mitigated. With regard to this policy and as outlined in the compliance table in Appendix Two, the works to the stormwater outfalls are considered to be permitted. There is likely to be incidental deposition of rocks into the coastal environment, however it is possible that this will be above the permitted activity limit of 5m³. 10.89 Policy 8.3 relates to the consideration of resource consent applications in the CMA, including preservation of the coastal environment including characteristics of value to Tangata Whenua, effect on public use/enjoyment/access, and the need to protect existing network utility infrastructure where such infrastructure is located adjacent to or within the Coastal Marine Area. The works and effects associated with this project are considered to have no more than minor effects on the coastal environment, and is more likely to have positive effects in terms of access, use and protection of infrastructure There will also be temporary access restrictions to the coastline and in the long term, public access to the area will be much easier than at present. 10.90 Policy 8.5 lists matters to be considered in applications to occupy the CMA, including not displacing users of the CMA if there are no nearby alternatives, and only providing for the period of occupation that are reasonably necessary to meet the purposes for which occupation is sought. In this case, the occupation of the CMA (through excluding public access to the coast during rock deconstruction works) is temporary in nature. The whole project is expected to take 20 months, however some contingency should be afforded to the project given the scale of the works.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

10.91 It is noted that Chapter 9 relates to Coastal Hazards, however the site is not within an identified Coastal Hazard Zone which relates to actual and potential coastal erosion. Therefore, those objectives and policies are not applicable to these works, despite the works being undertaken to remedy the effect of a natural hazard.

Conclusion on Environment Canterbury Plans 10.92 The project is considered to be generally in accordance with the objectives and policies of the ECan plans, particularly when considering the pLWRP with higher weighting. As identified in the assessment of effects in section 8, the main effects relate to landscape (in the short term), ecology including both loss of species and habitat fragmentation, and potentially with coastal water quality. 10.93 The objectives and policies of the ECan plan are generally met, with the exception of LVMRP Objective 1/Policy 3 which relate to impacts from earthworks and vegetation removal on natural landscapes and ecology. It is considered that the works will overall be in accordance with the objectives and policies of the ECan plans when factoring in the higher weighting of the pLWRP which includes objectives and policies facilitating recovery projects, and is relatively silent on protection of landscapes, ecology and natural features. 10.94 It is noted that these matters are however covered in the Regional Policy Statement and Part 2 of the RMA as addressed in Sections 11 and 13 of this report.

Conclusion 10.95 The project generally accords with the two district plans and four regional plans that are relevant. The proposal may be contrary to Banks Peninsula District Plan objectives and policies that seek to protect the coastal landscape and outstanding natural landscapes, however, Chapter 12 Policy 1E of the BPDP also provides for significant infrastructure which indicates that the proposal will accord with the objectives and policies when considering the greater need for Sumner Rd as a resilient route. 10.96 With regard to the regional plans, the strategic policies of the pLWRP relating to recovery works are noted as being particularly relevant to this project. Policies in the LVMRP do not cover strategic works, and this project would therefore not be in accordance with the objectives and policies in that plan. Overall, the proposal will accord with the objectives and policies when taking into account the greater weighting of the pLWRP. 10.97 Overall the project is considered to be in accordance with objectives and policies of the relevant district and regional plans.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

11 S104 MATTERS

Context 11.1 Section 104 of the Resource Management Act sets out the matters that Consent Authorities must or may take into account when considering an application. When considering the actual and potential effects on the environment, and when considering the relevant provisions of standards, regulations, statement and plans, this is to be done subject to Part 2 – the Purpose and Principles of the RMA. 11.2 With regard to the requirements of s104, the actual and potential effects of the proposal are covered in Section 8 of this report, and the relevant provisions of the district and regional plans are covered in Section 10 of this report. The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health has been outlined in Section 5, noting that this does not apply to the project. 11.3 The planning framework is covered in Section 2 of this report, noting the relevance of the Recovery Strategy, Land Use Recovery Plan, Greater Christchurch Transport Strategy, Canterbury Regional Transport Strategy and Lyttelton Masterplan. 11.4 The following plans and other regulations are also considered to be relevant to the project, and are addressed accordingly.

Other Regulations

The Mahaanui Iwi Management Plan 11.5 The Mahaanui Iwi Management Plan (2013) (IMP) was developed by six Papatipu Runanga to provide a policy framework for the protection and enhancement of Ngai Tahu Values. The Management Plan covers a range of issues that are common to all of the six Runanga, and then outlines issues specific to each of the Runanga. 11.6 The particular issues and policies that are of relevance to this project include:  Issue R1: discharge to air – particularly where it may have adverse effects on Ngai Tahu Values including mauri, mahinga kai, wahi tapu, wahi taonga and marae.  Issue P6: Stormwater, and Policy P6.1 – to require on-site solutions to stormwater management, including reduction of contaminants and sediments entering the system.  Issue P11: Earthworks, including Policy 11.1 to assess earthworks proposals with regard to indigenous biodiversity, effects on landforms, features and ridgelines, and rehabilitation plans.  Issue P12: Vegetation clearance, including policy P12.2 to oppose vegetation clearance in areas of high soil erosion risk and areas identified for the protection of significant indigenous biodiversity.  Issue TM2: loss of biodiversity has significant adverse effects on the relationship of Ngai Tahu with their ancestral lands, mahinga kai, and health of land, water and communities.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

 Issue TM3: restoration of indigenous biodiversity.  Issue TAN2: Coastal water quality, including Policy 2 relating to coastal water quality.  Issue WH1: the cultural health of the harbour - which relates to stormwater runoff and sedimentation, particularly from streams, Policy WH1.2 – that the harbour is managed for mahinga kai, Policy WH1.7 that local authorities develop a regional management strategy addressing soil loss in the Whakaraupo basin and sedimentation in the harbour.  Issue WH7: protection of cultural landscapes from inappropriate land use and development, Policy WH7.1 to adopt a cultural landscape approach.  Issue WH8: Enhancing natural and cultural landscape values through protecting and restoring indigenous biodiversity. 11.7 Many of the issues and policies addressed within the IMP relate to matters discussed in Sections 8 and 10 of this report, particularly with regard to the loss of flora and fauna, impact on landscape, and potential for sediment entering the harbour. 11.8 The local Runanga based at Rapaki, Ngati Wheke, have been consulted and provided a response that supports the re-introduction of the route as this will take the pressure off other routes including those at Rapaki. 11.9 Although the formal response does not make note of any concerns that are otherwise reflected in the Issues set out in the IMP, it is noted that during discussions with the Runanga particular concerns regarding control of sediment during works were noted. The Runanga were provided with a copy of the ESCP (as also provided in Appendix Fourteen) and were satisfied with the content and the adaptive management process to be used. It is also noted that during discussions prior to their consultation response, the Runanga indicated that they would like to be made aware of any amendments to the ESCP, and this will occur as part of ongoing engagement between CCC and the Runanga during the construction of the project. The Runanga have an interest in the relocation of the Canterbury Gecko and will be informed of the schedule for this work under the Wildlife Permit, and included in the release of the geckos at Riccarton Bush Reserve. 11.10 It is considered that the issues set out in the IMP and the response received from Ngati Wheke indicates that the proposal will be in general accordance with the issues and policies of the IMP, with specific regard to those matters of importance to the local Runanga.

National Policy Statements 11.11 There are presently four national policy statements in place, relating to electricity generation, renewable energy generation, the coastal policy statement, and freshwater management. There are also forthcoming policy statements on urban design and indigenous biodiversity. The NZ Coastal Policy Statement is addressed in the following part of this section. 11.12 With regard to the Proposed NPS on indigenous biodiversity, this is addressed in Section 4.2 of the Ecological AEE provided in Appendix Fifteen. The assessment outlines relevant Policies 1, 2, 5 and 6, noting with particular regard to Policy 5, that there will be a net-loss of significant indigenous vegetation and significant habitats of indigenous fauna which is contrary to that policy. Policy 5 also acknowledges that offsets will not be possible where ecosystems (in this case, naturally rare cliff ecosystems) are irreplaceable.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

11.13 The Ecological AEE also notes that many of the policies in the proposed NPS are recognised in the relevant district and regional plans, and the RPS. 11.14 Overall, it is considered that the project will accord for the most part with the proposed NPS, and rehabilitation of the site will to some extent mitigate losses, however it remains that it is likely there will be some net loss of indigenous biodiversity.

NZ Coastal Policy Statement 11.1 The New Zealand Coastal Policy Statement 2010 (NZCPS) came into force on 3 December 2010. The NZCPS is a key policy document under the RMA. It provides direction to decision- makers on how they should provide for coastal management in New Zealand via regional policy statements and regional and district plans. The relevant objectives and policies are intended to guide the management of the coastal environment. The relevant provisions of the NZCPS are discussed in the ecological and landscape assessment of effects as provided in see Appendix Nine and Appendix Fifteen. 11.2 It is noted that the operative RCEP predates the NZCPS and therefore would have been developed in the context of the previous NZCPS. Relevant Objectives of the NZCPS include:  The safeguarding of the coastal environment and its ecosystems (Objective 1);  To preserve natural character, features and landscape values (Objective 2);  To take into account the principles of the Treaty of Waitangi (Objective 3);  To maintain and enhance recreation opportunities (Objective 4); and  To enable people and communities to provide for their social, economic, and cultural wellbeing and their health and safety (Objective 6). 11.3 The above objectives of the NZCPS are reinforced by the following policies: Policy 1: Extent and characteristics of the coastal environment.  To recognise that the extent and characteristics of the coastal environment vary from region to region and locality to locality and that issues that may arise may have different effects in different localities.

Policy 2: The Treaty of Waitangi, tangata whenua and Māori.  To take into account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), and kaitiakitanga, in relation to the coastal environment.

Policy 3: Precautionary approach.  Adopt a precautionary approach towards proposed activities whose effects on the coastal environment are uncertain, unknown, or little understood, but potentially significantly adverse.

Policy 6: Activities in the coastal environment.  To consider how adverse visual impacts of development can be avoided in areas sensitive to such effects, such as headlands and prominent ridgelines, and as far as practicable and reasonable, apply controls or conditions to avoid those effects.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

 To recognise that there are activities that have a functional need to be located in the coastal marine area, and provide for those activities in appropriate places.

Policy 9: Ports.  To recognise that a sustainable national transport system requires an efficient national network of safe ports, servicing national and international shipping, with efficient connections with other transport modes.

Policy 11: Indigenous biological diversity.  To protect indigenous biological diversity in the coastal environment.

Policy 13: Preservation of natural character.  To preserve the natural character of the coastal environment and to protect it from inappropriate use and development.  To recognise that natural character differs from natural features, landscapes or amenity values.

Policy 15: Natural features and natural landscapes.  To protect the natural features and natural landscapes of the coastal environment from inappropriate use and development.

Policy 17: Historic heritage identification and protection.  Protect historic heritage in the coastal environment from inappropriate use and development.

Policy 23: Discharge of contaminants.  To manage discharges to water within the coastal environment. 11.4 For reasons discussed in Sections 8 and 10 of this report, and in particular the discussion regarding the objectives and policies of the RCEP, it is considered that the project will be in accordance with these Objectives and Policies of the NZCPS.

Regional Policy Statement 11.5 The Regional Policy Statement 2013 (RPS) was prepared in accordance with the Resource Management Act, and is central to resource planning in the Canterbury Region. The RPS recognises the importance of the integration of land use and infrastructure. Objective 5.2.3 requires a safe, efficient and effective transport system that meets the local, regional, inter- regional and national needs for transport. It is considered that the Sumner Road Reopening Project will meet this objective and accordingly the proposed works is considered consistent with this objective. The RPS recognises the role of recovery and rebuilding within the region. Issues 6.1.1 highlights the importance of providing certainty to the community around

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

enabling recovery and development of Greater Christchurch. Objective 6.2.1 sets out a recovery framework that in particular requires that recover, rebuild and development is enabled through optimising the use of existing infrastructure. Given the existing location of Sumner Road and its strategic importance to Greater Christchurch the proposed works are considered consistent with this objective. 11.6 The RPS provides for activities to occur within the coastal environment. Objective 8.2.2 set outs provisions for appropriate activities in the coastal environment while ensuring the adverse effects are being managed. Objective 8.2.3 recognises regionally significant infrastructure and the role it plays in the coastal environment. This objective reasons and explanations sets out the importance of ports in coastal environment and those activities should not affect the efficient and effective operation of these types of infrastructure. The proposed works is considered to provide for the efficient and effective operation of Sumner Road and the Lyttelton Port, both which are considered to be significant infrastructure to the region. 11.7 Overall the RPS contains many relevant issues and objectives all of which have been considered and analysed by various assessment which form part of this application. Given the importance of Sumner Road to the Greater Christchurch Region it is considered that the proposal is able to align with these relevant objectives and policies in the RPS.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

12 CONSULTATION

12.1 The OIC process sets out that applications made pursuant to the OIC will be non-notified. However, s10 of the OIC Act notes that upon receipt of applications, councils may undertake consultation with parties who may be adversely affected by the proposal. Consequently, as part of the application and to inform any consultation that may be undertaken post- lodgement, key parties have been consulted with pre-application. These parties are:  Christchurch City Council (in a Reserves Act capacity)  Lyttelton Port Company  Department of Conservation  Ngati Wheki (Rapaki Runanga)  Ngai Tahu  Summit Road Protection Authority  Community Boards for the Wards: Hagley/Ferrymead and Lyttelton /Mt Herbert  Councillors for the two Wards: Yani Johansen and Andrew Turner  Lyttelton Harbourmaster

12.2 Statements of consultation are provided in Appendix Five, outlining the information provided to each party, any responses received at the time of lodging the application, and any impact submissions have had on the project including changes and volunteered conditions. 12.3 In order to present the project to the public, the CCC has undertaken/initiated a round of consultation and communication with the community and directly with particular organisations, along with the Lyttelton/Mt Herbert and Hagley/Ferrymead Community Boards. The communication strategy was for the purposes of informing, which seeks feedback on the basis that the project details would not be changed, and that comments would be considered by the relevant members of the project team. A copy of the CCC Communication Strategy is provided in Appendix Four. 12.4 RMG Planners and key members of the CPG project team have also met with ECan and CCC planners to determine the preferred approach for consenting. 12.5 As part of the ongoing strategy to communicate with the public, there will be ongoing liaison between the CCC and local community during the works period. This is likely to be in the form of outlining particular details of works that may affect them, timing of blasting, and generally how the project is proceeding (works advice notices). A Construction Communications Plan is proposed as a volunteered condition to outline the methods to be used to maintain ongoing engagement with the community, and to provide for opportunities of the public’s feedback. 12.6 Responses received from consultation were generally supportive of the project, acknowledging that the project was necessary for the resilience of both the port and the Lyttelton/Sumner communities. Many responders were keen for the project to commence

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

as soon as possible, as the road closure was affecting either their operations (in the case of LPC), or their communities (in the case of Ngati Wheki). 12.7 Overall, consultation responses were positive, indicating a drive for the works to proceed to reinstate the corridor for the improvement of the area.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

13 PART 2 MATTERS

13.1 Part 2 of the Resource Management Act sets out the purpose and principles of the RMA. As addressed in Sections 7 and 11 of this report, s104 of the RMA sets out the matters which authorities must or may take into account when considering an application,. Part 2 is made up of section 5 to 8 which are addressed in turn below.

Section 5 - Purpose 13.2 The purpose of the Act under Section 5 is to promote the sustainable management of natural and physical resources. Sustainable management involves managing the use, development and protection of resources in order to enable people and communities to provide for their social, economic and cultural well-being and for their health/safety, while  Sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations;  Safeguarding the life supporting capacity of air, water, soil and ecosystems; and  Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

13.3 This Project will meet the long term objective of providing a strategic route which is required for the commercial operations of the Lyttelton Port of Christchurch, and for the general public. The resilience measures in place, such as the benching of the bluffs and construction of bunds will protect the health and safety of road users and protect the lifeline route in perpetuity. The route will therefore meet the foreseeable needs of future generations, with limited additional disruption or environmental effects once established. 13.4 In terms of safeguarding the life-supporting capacity of air, water, soil and ecosystems, it is considered that air, water and soil will be generally safeguarded during construction through adaptive on site measures in place during site works. As discussed in Section 8 of this report and in the associated Ecological AEE, there will be some severe effects on the flora and fauna of the area as a result of site works – in particular the benching - that will not be able to be avoided, remedied or mitigated, and has to be considered as a total loss. In this regard, there are measures proposed to minimise the effect (e.g., lizard relocation), and to ensure that the rehabilitation of site is undertaken in a sensitive manner. These measures will limit the effect in terms of affected species, and in the long term (over decades), the site will naturalise as species recolonise the benched and other affected areas. 13.5 The consideration of these effects (costs) and the benefits of the project have to be weighed up against each other to determine whether the environmental and ecological impact is more important than the reopening of the road. As set out in this report, the project design has been chosen in order to provide route resilience whilst protecting the health and safety of the public in terms of risk, and in that respect, the design as set out in this application is considered to provide the minimum level of works to achieve that outcome. Effects on the environment are acknowledged, and avoided, remedied or mitigated where possible. 13.6 However it is considered that re-providing this route has greater benefits overall to people and communities to provide for their social, economic and cultural well-being and for their health and safety, albeit at the expense of the ecology in parts of the site.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Section 6 - Matters of national importance

13.7 Section 6 of the RMA covers ‘matters of national importance’ stating that in order to achieve the purpose of the act (section 5), 13.8 ‘all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (f) the protection of historic heritage from inappropriate subdivision, use, and development: (g) the protection of protected customary rights.

13.9 The majority of the matters listed above are otherwise covered in the discussion of objectives and policies, and the assessments of effects contained within this report. Of particular note is s6(b) and s6(c); s6(b) protecting natural features/landscapes from inappropriate use and development. In this regard, it is considered that the use and therefore the development of this area is not ‘inappropriate’ as it provides a public benefit, and corresponds with the strategic objectives of the LURP and GCTS, and also addresses part of the Lyttelton Masterplan as envisaged by the local community. 13.10 Section 6(c) relates to protection of significant areas of flora and fauna, which will be done for the most part within this project, however, as identified in the assessment of effects, some effects on significant indigenous flora and fauna will be severe and not able to be offset.

Section 7 - Other matters

13.11 Section 7 sets out other matters, which in terms of weighting, have less importance than the matters of national importance outlined in section 6 above. Section 7 states that ‘in achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to— (a) kaitiakitanga:

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

(aa) the ethic of stewardship: (b) the efficient use and development of natural and physical resources: (ba) the efficiency of the end use of energy: (c) the maintenance and enhancement of amenity values: (d) intrinsic values of ecosystems: (e) [Repealed] (f) maintenance and enhancement of the quality of the environment: (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: (i) the effects of climate change: (j) the benefits to be derived from the use and development of renewable energy.

13.12 The application has had particular regard to the matters listed above. In particular, consultation with the local Runanga has been undertaken, and in discussions during the consultation, the Runanga advised that they were supportive of the project subject to ongoing consultation during the construction phase with the CCC. The impact of the project on the issues and policies within the Mahaanui IMP has also been considered in section 11 above. 13.13 The project will provide an efficient use of natural and physical resources by reinstating an existing road corridor, providing a key connection within the wider road network. 13.14 Amenity values will be affected by the changes proposed to the landscape, however this is considered necessary when weighed against the need for public safety along the route. As noted within the Landscape AEE, the post-construction amenity of the site will reflect the required measures to rebuild post-earthquake, and in the long term will soften visually. The re-use of the existing road corridor will also maintain amenity values. During the construction phase, the use of adaptive management plans will provide a mechanism for amenity values to be maintained. Post construction, the works site will be enhanced with planting on LPC land, and through providing for recolonisation of native flora and fauna (e.g. through weed control). 13.15 As detailed in the AEE discussion in section 8 above, the Ōhinehou/Lyttelton Ecological Restoration Plan outlines proposed restoration planting on an area of LPC-owned land within the project site. This will restore and enhance remaining biodiversity in the area as a partial offset to the significant ecological effects arising as a result of some of the project works. 13.16 The project will result in a permanent change to the characteristics of environment in this location, particularly with regard to the areas of benching in the bluffs area in terms of the geological feature, and associated destruction of habitat. The use of Landscape Management Plans to minimise the visual effects and Ecological/Lizard Management Plans to promote recolonisation of the benched area will mitigate those effects, although as acknowledged throughout this report, some effects will be moderate to severe.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

Section 8 - Treaty of Waitangi

13.17 Section 8 states: ‘In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)’. 13.18 The principles of the Treaty of Waitangi are not formally defined, however a guide to the principles16 as interpreted by the Waitangi Tribunal and the Courts, has been produced by Te Puni Kokiri. The principles are therefore summarised as follows:  The principle of partnership – an overarching principle under which other principles have been derived.  The duty to act reasonably, honourably, and in good faith  The principle of reciprocity  The principle of mutual benefit  The duty to make informed decisions  The principle of active protection  The principle of redress 13.19 It is considered that the applications for the Sumner Road Project takes into account the principles of the Treaty of Waitangi. The local Runanga (Ngati Wheke) have been consulted with, and Tuahuriri Runanga, Te Runanga o Ngai Tahu and Mahaanui Kurataiao Ltd were also given the opportunity to respond. Ultimately, all of the three latter parties advised that consultation with Ngati Wheke would be sufficient to address iwi interests. 13.20 The Ngati Wheke consultation response advises of the Runanga’s general support of the application, and it is noted that the applicant intends to continue consulting and discussing the project with Ngati Wheke during the construction process. This will ensure that any iwi interests are able to be addressed during the works and potentially incorporated into management plans where appropriate.

16 http://www.tpk.govt.nz/en/in-print/our-publications/publications/he-tirohanga-o-kawa-ki-te-tiriti-o-waitangi/

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

14 CONCLUSION

14.1 This application is made in support of the project to reopen Sumner Road between Lyttelton town and Evans Pass above Sumner. The project necessitates source rock risk mitigation works address risks from geotechnical hazards above the road, and repair of the road itself. The reopening of the road is considered to be necessary from an economic perspective – particularly with regard to the transport of specified hazardous substances to Lyttelton Port, as well as for the resilience of people and communities. 14.2 The project requires resource consents from both CCC and ECan, for land use, discharge activities, coastal activities and water activities. 14.3 The project is of considerable scale and will affect a large land area. As much of the project area is not able to be assessed pre-commencement of works, the management of effects needs to be flexible, and a Management Plan approach is proposed so that the method for addressing adverse effects can be adapted throughout the lifetime of the project. Although many adverse effects from the project can be avoided, remedied or mitigated through construction management practices or engineering solutions, it is acknowledged that there will be some effects on ecology (in particular) which are not able to be avoided. 14.4 The project generally accords with objectives and policies of District and Regional Plans, as well as relevant policy statements and strategies. The Sumner Road link is consistently seen as a key part of the roading infrastructure in the district and region, and objectives and policies recognise the strategic nature of the road and the need to retain and prioritise the repair of such routes. Although some objectives and policies are not met entirely, when considering the project overall and the weighting of various plans, the project is considered to be in general accordance with objectives and policies of the relevant district and regional plans. 14.5 An assessment was also made under part 2 of the RMA, where there is significant emphasis on sustainable development and enabling people and communities. The purpose of the Act corresponds closely with this project, particularly when considering social, economic and cultural wellbeing. As above, it is acknowledged that the project works will result in significant ecological effects, however when considered against the benefit to reopen the road (or the costs of not doing so) are considered to be an unfortunate expense. 14.6 Despite the OIC process not requiring the applicant to do so, given the scale of the project and nature of potentially affected parties, consultation was undertaken with a range of key parties including landowners (CCC, DoC and LPC), Councillors and Community Boards, local Runanga, Lyttelton Harbourmaster, and the Summit Road Protection Authority. All parties provided responses and were generally supportive of the project with no major concerns reported. It is acknowledged that under the OIC process, consent authorities are likely to undertake their own consultation during the processing of the applications. 14.7 The application for land remediation work has been made under the provisions of the OIC, which provides a ‘fast-track’ method for recovery activity applications made by local government. The OIC does not allow for a limited or public notification process as per the RMA, but does provide for up to 10 working days of consultation with affected parties. The OIC also allows consent authorities to grant applications for non-complying activities even if the activity will/may have more than minor adverse effects, and will/may be contrary to objectives and policies of relevant regional or district plans or proposed plans.

Sumner Road Reopening Project Application by Christchurch City Council, to Christchurch City Council and Environment Canterbury

14.8 This application report has acknowledged the considerable effects on the environment posed by this project, and outlined the methods for mitigation where mitigation is possible. The proposal is considered to generally accord with objectives and policies of the relevant regional and district plans, particularly when considering the greater emphasis placed on enabling strategic developments in those documents, and in the likes of the Regional Policy Statement and RMA. Given the significant benefits from the reopening of the road, and despite the potential for adverse effects, it is considered appropriate for CCC and ECan to grant the applications for the activities as set out in this report.

CHRISTCHURCH January 2015