Form A 17-PRO-1417 Application for resource consent
Resource Consents Department Under Section 88 of the Resource Management Act 1991 Office use only To: Auckland Council Application number(s): Private Bag 92300 Auckland 1142 Receipt number: You may post or deliver your application to your nearest Auckland Council service centre. Receipt date:
This form provides the council with your contact information and details about Deposit paid: your proposal. If you need help completing this form or you are unsure about which form to use, visit aucklandcouncil.govt.nz/resourceconsents where Consent: you will find helpful guidance notes, or contact the council on 09 301 0101. District
If you fail to complete this form and provide the necessary information, Regional including the deposit fee, your application may not be accepted for processing. See Guidance Note 3. Stream number: 1. Site location details Site(s) to which this application relates is described as
Number: Street:
Suburb:
Legal description(s):
2. General application details This application is for (tick all the boxes necessary to cover the proposal):
Land use consent (district/city) Subdivision consent Discharge permit
Coastal permit Water permit
The application will be assessed under the Auckland Unitary Plan (Operative in part). If there are any other operative legacy plan provisions that apply, please indicate. Auckland Central Area Hauraki Gulf Islands Auckland Isthmus Franklin Manukau North Shore Papakura Rodney Waitākere Coastal Air, land, water Farm dairy discharges
Is consent required under a National Environmental Standard (NES)?
Yes (tick applicable) No
NES for Air Quality
NES for Drinking Water
NES for Telecommunication Facilities
NES for Electricity Transmission Activities
NES for Assessing and Managing Contaminants in Soil to Protect Human Health
Other
Application for resource consent Page 1 of 7 3. Additional resource consents required
3.1 Are any additional resource consent(s) required for this proposal but not being applied for under this application? No Yes (give details)
3.2 Advise of any existing consents and the date at which they expire. Provide consent numbers and an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)).
4. Applicant’s details (all invoices will be made out to and sent to the applicant unless otherwise stated in section 6): 4.1 Applicant’s full name The name of the consent holder who will be responsible for the consent and any associated costs unless otherwise stated in section 6.
Last name: First name(s):
Last name: First name(s): or Company/trust/organisation:
Contact person/all trustee names:
Physical address:
Postcode: Postal address (if different from above):
Postcode: Phone (day): Mobile: Email:
The applicant is the: owner occupier leasee prospective purchaser (of the site to which the application relates) other (please specify)
4.2 Name and address of each owner and occupier of land to which the application relates (if different from above):
Name: Address:
Postcode:
Application for resource consent Page 2 of 7 5. Agent’s or consultant’s details. All correspondence will be sent to the agent and may also be sent to the applicant unless otherwise stated in section 6.
Company: Contact: Postal address: Postcode: Phone (day): Mobile: Email:
Preferred contact: email phone
6. Alternative addresses for correspondence and payee of invoices All correspondence (excluding invoices) sent to:
applicant agent/consultant other (name and address)
Name:
Address: Postcode:
All invoices made out to and sent to: applicant agent/consultant other (name and address)
Name: Address: Postcode:
7. Description of proposed activity (if insufficient space, please provide on additional pages)
8. Other activities Choose either: there are no other activities that are part of the proposal to which this application relates the other activities that are part of the proposal to which the application relates are as follows: (Describe the other activities. For any activities that are permitted activities, explain how the activity complies with the requirements, conditions, and permissions of any Plan or regulation so that a resource consent is not required for that activity under section 87A(1) of the RMA).
Application for resource consent Page 3 of 7 9. Pre-application information Have you had a pre-application meeting with the council regarding this proposal? Yes No Copy of meeting record attached Date of meeting: If ‘yes’, provide the pre-application meeting reference number and/or name of staff member:
10. Site visit requirements 10.1 Is there a locked gate, security system or dog(s) restricting access to the site by council staff? Yes No 10.2 Provide details of any entry restrictions or hazards that council staff should be aware of, e.g. health and safety, organic farm, measures to inhibit the transfer of Psa-V etc.
11. Notification of your application Are you requesting that the application be publicly notified? Yes No If ‘yes’, please provide an executive summary below and an electronic version of your application for notification purposes. Please refer to the Standards for submitting documents electronically found at the council’s website aucklandcouncil.govt.nz/resourceconsents
12. Mana Whenua cultural values assessment and the Auckland Unitary Plan (Operative in part) (AUP(OP)) 12.1 Is your proposal located within a “Site and Place of Significance to Mana Whenua” as identified in the AUP(OP) Yes No
12.2 Is your proposal an activity that has the potential to generate effects on Mana Whenua and their relationship with their ancestral land, water, sites, waahi tapu and other taonga)? Yes No
12.3 If ‘yes’ to 12.1 or 12.2, have you contacted all the relevant Mana Whenua groups to establish whether their values are affected by your proposal? Yes No
12.4 If ‘yes’, please provide details with your application of all Mana Whenua groups contacted and their responses. Please note that providing this information with the lodgement of your application will assist in processing your application in a timely manner. If you have not provided the relevant information your application may need to be placed on hold while this information is obtained. In any case, please note that the council can assist you in determining which Mana Whenua groups should be approached. For more information refer to the “Engaging with Mana Whenua” page at aucklandcouncil.govt.nz
Application for resource consent Page 4 of 7 13. Information to be submitted with your application To satisfy the requirements of section 88(2) and Schedule 4 of the Resource Management Act 1991 (RMA), Accept/Reject please attach the following information to your application: four copies (including one unbound) of all information, including plans, for all applications. Refer to Guidance note 2 for guidance on the preparation of plans application deposit fee – refer to the council’s fees and charges schedule. Indicate method of payment below:
cheque attached credit card customer account
amount paid $ customer acc/number:
Certificate(s) of Title less than three months old for the site to which this application relates. Attach the title and any consent notices, covenants, easements attached to the title if relevant or affected by the proposed activity locality plan or aerial photo. Indicate the location of the site in relation to the street and other landmarks. Show the street number of the subject site and those of adjoining sites optional: detail(s) of the resource consent(s) being applied for including reference to specific rule(s) and reasons for consent an assessment of effects on the environment in accordance with Schedule 4 of the RMA at a level of detail that corresponds with the scale and significanceof the effects that the proposed activity may have on the environment. This may require one or more technical specialist reports. Include a full description of the proposed activity, the effects that may be generated and how these would be managed. For more information refer to Schedule 4 of the RMA and the council’s Guidance note 1 an assessment against the matters in Part 2 of the RMA. This may be included in your AEE or in a separate document. For more information refer to Schedule 4 of the RMA and the council’s guidance note 1 an assessment against any relevant provisions of a statutory document (e.g. district and regional plans, the AUP(OP), National Policy Statements etc.). This may be included in your AEE or in a separate document. For more information refer to Schedule 4 of the RMA and the council’s guidance note 1 include other information required by the relevant section of the AUP(OP) and legacy district plan and regional plans, the RMA or any regulations made under that act include details (name, postal and site address) of consultation undertaken (including with iwi) and any responses from persons consulted. For more information refer to Schedule 4 of the RMA and guidance note 1 a completed checklist where relevant to your application.
14. Additional information – for regional consents or permits only under AUP (OP) and legacy operative regional plans 14.1 Map reference of proposed works: mE mN
Use New Zealand Transverse Mercator (NZTM), e.g. 1756730mE 5919740mN. Ensure that the location of your activity is marked to an accuracy of 10 metres on your location plan. You can obtain your map coordinates and an aerial photo from the Auckland Council GeoMaps (GIS viewer) found on the home page of the council’s website, aucklandcouncil.govt.nz 14.2 Please provide the map reference of discharge points if relevant. Map reference of proposed discharge or take point(s):
Is the discharge/take location on the same property as the application site? Yes No If ‘no’, complete the details below. Name or property owner (if not the same): Address: Postcode: Legal description: Documentation confirming easement and/or covenants for wastewater, including a certificate of title for the property where the discharge occurs. If required, also attach land owner approval.
Application for resource consent Page 5 of 7 14.3 Give the name of any stream, river or lake (or if the stream is unnamed, state which water body it is a tributary of).
Stream name: or tributary of:
14.4 Please indicate the duration for which you are requesting a permit (if relevant): years 15. Signature of the applicant(s) or agent Please read these notes before signing the application form Payment of fees and charges The council may charge the applicant for all costs actually and reasonably incurred in processing this application. Subject to the applicant’s rights under sections 357B and 358 of the RMA to object to any costs, the applicant undertakes to pay all and future processing costs incurred by the council. The council may issue interim invoices for applications. If any steps, including the use of debt collectors and/or lawyers, are necessary to recover unpaid processing costs, the applicant agrees to pay all collection costs. If this application is made on behalf of a trust (private or family), a society (incorporated or unincorporated) or a company, in signing this application the applicant binds the trust, society or company to pay all the above costs and guarantee to pay all the above costs in their personal capacity. Refer to the council’s fees and charges schedule found at: aucklandcouncil.govt.nz/resourceconsents Note: some regional permits include ongoing annual charges in addition to the processing fee. These are payable by the consent holder. Development and financial contributions When granting consent to certain activities, the council may levy a monetary contribution. Development contributions are levied under the Local Government Act 2002 in accordance with the council’s Development Contribution Policy. Financial or reserve contributions are levied under the RMA under the relevant district plan. When such contributions become due, the consent holder is responsible for their payment. Unless otherwise advised, the name and contact address of the person responsible for payment of any contributions will be taken as the applicant. Alternative contact and address for development and financial contributions:
Name:
Address:
Postcode:
Site visit By signing this form, if you are the owner of the application site, you confirm that the council may undertake a site inspection. Privacy information The council requires the information you have provided on this form to process your application under the RMA and to collect statistics. The council will hold and store the information, including all associated reports and attachments, on a public register. The details may also be made available to the public on the council’s website. These details are collected to inform the general public and community groups about all consents which have been processed or issued through the council. If you would like to request access to, or correction of any details, please contact the council.
Declaration for the applicant or authorised agent or other I/we confirm that I/we have read and understood the notes above. If a private or family trust is the applicant, at least two New Zealand-based trustees are required to provide contact details and sign this form.
Applicant’s name:
Applicant’s signature: Date:
Applicant’s name:
Applicant’s signature: Date:
Continued overleaf...
Application for resource consent Page 6 of 7
Applicant’s name:
Applicant’s signature: Date:
Declaration for the agent authorised to sign on behalf of the applicant
As authorised agent for the applicant, I confirm that I have read and understood the above notes and confirm that I have fully informed the applicant of their/its liability under this document, including for fees and other charges, and that I have the applicant’s authority to sign this application on their/its behalf.
Agent’s full name:
Agent’s signature: Date:
Auckland Council, Private Bag 92300, Auckland 1142 Phone: 09 301 0101
Application for resource consent Page 7 of 7
6 September 2018 Project Number: 4137.03
Auckland Council Resource Consents North 50 Centreway Road Orewa
Attention: Erik Oosthuizen Team Leader- North West Consenting
Dear Mr Oosthuizen
PROPOS ED MANAGED FILL AT 1331 STATE HIGHWAY 16, LOT 4 P 162353, STATE HIGHWAY 16, AND LOT 1 DP 204233 STATE HIGHWAY 16, WOODHILL, AUCKLAND Please find attached a resource consent application (integrated) for a proposed managed fill at the above location on State Highway 16 in Woodhill. Enclosed is an assessment of Environmental Effects prepared in accordance with the Fourth Schedule of the Resource Management Act 1991 (2 copies bound and 2 copies on CD) together with a completed Form A application form and the required $5,000 deposit fee for a combined regional and land use consent. We have also provided an A3 folio of plans to accompany the AEE. We attended a pre-application meeting at the Council on 7 July 2018 where we were advised that Ms Hannah Thomson would be appointed to process the application. We have liaised directly with Ms Thomson on this basis since the pre-application meeting. The application has been prepared on the basis of a number of written approvals being obtained from adjoining land owners. The applicant has a binding agreement with these persons to provide these approvals and they should be forthcoming in the next few days. We trust the attached information is acceptable and meets the Council’s resource consent processing requirements. However, should you or the reporting planner require any additional information please do not hesitate to contact the undersigned. Yours faithfully
SCOTT WILKINSON PLANNING
Robert Scott Planning Consultant
Cover Letter 6 Sept 2018 DIRTWORKS LIMITED
WOOD VALLEY MANAGED FILL
PROPOSED STAGE 2
1331 STATE HIGHWAY 16, LOT 4 DP 162353, STATE HIGHWAY 16 AND LOT 1 DP 204233 STATE HIGHWAY 16, WOODHILL
ASSESSMENT OF ENVIRONMENTAL EFFECTS Volume 1 September 2018 Job Number - 4137.02 Dirtworks Limited September 2018 1331 State Highway 16 and Lot 4 DP 162353, State Highway 16 4137.02
TABLE OF CONTENTS
Page 1 THE APPLICANT AND PROPERTY DETAILS 1 1.1 Application Details 1 2 SITE DESCRIPTION 3 2.1 Boundary Adjustment 3 2.2 The Site 4 2.3 The Locality 5 2.4 Background 5 3 THE PROPOSAL 6 3.1 Managed Fill Details 6 3.2 Fill Design 7 3.3 Haul road and tipping Head locations 8 3.4 Screen Planting and Screen Bunds 9 3.5 Wetland reclamation and off-site mitigation 9 3.6 Acceptance criteria 10 3.7 Sediment and erosion control 10 3.8 Access 10 4 PLANNING FOR MANAGED FILLS 10 4.1 Regional Context 10 4.2 Locational Considerations 11 Proximity and roading environment 11 5 REASON FOR THE APPLICATION 12 5.1 Auckland Unitary Plan – Operative in Part 12 5.2 Bundling of consents 14 5.3 Activity Status 14 6 ASSESSMENT 14 6.1 Schedule 4 14 6.2 Assessment of Effects - s104(1)(A) 15 6.2.1 Permitted Baseline Assessment 15 6.2.2 Existing Environment 15 6.2.3 Activities Permitted by the Plan 15 6.2.4 Unimplemented Consents 16 6.2.5 Written Approvals 16 6.2.6 Permiited baseline Conclusion 16 6.2.7 Effects on the Environment 17 6.2.8 Construction and Physical Effects 17 6.2.9 Ecological Effects 25 6.2.10 Transportation Effects 29 6.2.11 Cultural and Heritage Effects 39 6.3 Relevant Provisions of Planning Instruments – s104(1)(b) 42 6.3.1 National Environmental Standards 42 6.3.2 National Policy Statements 42 6.3.3 Unitary Plan 43 7 OTHER MATTERS – S104(1)(C) 48 8 RESOURCE MANAGEMENT ACT 1991 49
Scott Wilkinson Planning Page i Dirtworks Limited September 2018 1331 State Highway 16 and Lot 4 DP 162353, State Highway 16 4137.02
8.1 Part 2 49 8.2 Notification 49 8.2.1 Public Notification 49 8.2.2 Limited Notification 52 8.2.3 Non-Notification 55 8.3 Section 104(D) 55 8.4 Section 108 55 8.5 Section 123 55 8.6 Section 125 56 8.7 Monitoring of Effects 56 9 CONCLUSION 56
ATTACHMENTS Volume 1 Attachment 1 Certificates of Title Attachment 2 Subdivision Consent - Boundary Adjustment Attachment 3 Sites owned by the Applicant and Written Approvals from Adjoining Owners Attachment 4 Resource Consent for the Managed Fill (Stage 1) at 1331 SH16 Attachment 5 Civil Engineering Assessment Attachment 6 Geotechnical Assessment Attachment 7 Contamination Assessment Attachment 8 Fill and Dust Management Plans
Volume 2 Attachment 9 Ecological Assessment Attachment 10 Traffic Assessment Attachment 11 NZTA Approval Attachment 12 Noise Assessment Attachment 13 Landscape and Visual Assessment Attachment 14 Archaeological Assessment
FIGURES Figure 1: Locality Plan Figure 2: Wider Locality Plan Figure 3: Zoning Plan Figure 4: Approved subdivision boundary adjustment plan
Scott Wilkinson Planning Page ii Dirtworks Limited September 2018 1331 State Highway 16 and Lot 4 DP 162353, State Highway 16 4137.02
Figure 5: Hual Road and tipping heads Figure 6: Location of offset mitigation plan Figure 7: Stream locations Figure 8: Access design upgrade Figure 9: Adjacent sites
FOLIO OF PLANS Site Plan Boundary Change Subdivision Plan Landscape Viewpoints Engineering Plans
Scott Wilkinson Planning Page iii Dirtworks Limited September 2018 1331 State Highway 16 and Lot 4 DP 162353, State Highway 16 4137.02
ISSUE AND REVISION RECORD Status Draft Revision No. 3 Project No. 4137.02 Date of Issue September 2018
File Name report-1331 State Highway-01-rd.docx
Prepared by
Robert Scott (BA, BPlan, Dip Bus Admin, MNZPI) Planning Consultant | Director
Reviewed by
Rosie Daly (MUrbPlan & UrbDes) Planning Consultant
Approved by
Robert Scott (BA, BPlan, Dip Bus Admin, MNZPI) Planning Consultant | Director
LIMITATIONS This Assessment of Environmental Effects report has been prepared for the Woody Valley Stage 2 managed fill at 1331 and Lot 4 DP 162353, State Highway 16 Woodhill, for the purposes of an integrated resource consent application in accordance with the requirements of the Fourth Schedule of the Resource Management Act 1991. No responsibility is accepted by Scott Wilkinson Planning Limited or its directors or employees for the use of any part of this report in any other context or for any other purpose. This report is for use by Dirtworks limited and the Auckland Council only and should not be used or relied upon by any other person or for any other project.
Scott Wilkinson Planning Page iv 1 THE APPLICANT AND PROPERTY DETAILS
1.1 APPLICATION DETAILS
Site Address 1331 State Highway 16, Woodhill, Auckland Lot 4 P 162353, State Highway 16, Woodhill, Auckland Lot 1 DP 204233 State Highway 16, Woodhill, Auckland Name of Applicant Dirtworks Limited Address for Service Scott Wilkinson Planning P O Box 37359 Parnell AUCKLAND 1151 Attention: Robert Scott Email: [email protected]
Tel: (09) 354-4166 Mob: 021 619 617 Legal Description Lot 1 DP 519834, Lot 3 DP 201803 & Lot 4 DP 162353, Lot 1 DP 204233 [Lot 1 DP 519834 (approved boundary adjustment)] refer (Attachment 1) Site Area 67.7204, 41.0329 and 48.3929 (157.14623ha) (77.83ha approved boundary adjustment)
PLANNING INSTRUMENTS Auckland Unitary Plan- Operative in Part: Zoning Rural – Rural Production Precinct N/A Overlays Natural Resources Significant Ecological Areas Overlay – SEA_T_2814, SEA_T_2375 & SEA_T_2813, Terrestrial High-Use Stream Management Areas Overlay Quality-Sensitive Aquifer Management Areas Overlay – Kaipara Sand Aquifer Built Heritage and Character Historic Heritage Overlay Extent of Place – 373, Pa site Q10_64 Ridge pa site with Terrace/s, pit/s and Karaka trees Designations 6766, State Highway 16: Hobsonville to Wellsford, Designations, New Zealand Transport Agency. Other Controls Macroinvertebrate Community Index – Native, Rural, Exotic Locality Plans
Proposed managed fill
Figure 1: Locality Plan Source: Auckland Council GIS GeoMaps Viewer
Proposed Managed fill
Figure 2: Wider context Locality Plan Source: Auckland Council GIS GeoMaps Viewer
Proposed managed fill
Figure 3: Zoning Plan Source: Auckland Council GIS GeoMaps Viewer
2 SITE DESCRIPTION
2.1 BOUNDARY ADJUSTMENT
The location of the proposed managed fill is on two titles being Lot 1DP519834 (67.474 ha) and Lot 4 DP162353 (41.032ha). On 13 August 2018, Lot 1 DP 512413 a boundary adjustment was approved to include an additional 10.36ha into Lot 1 DP 512413 (1331 SH16) making it 77.83ha in area. The approved boundary adjustment consent reference is SUB60622232 and a copy of this decision in annexed as Attachment 2. While new titles for each site are yet to be issued this application has been prepared on the new site boundaries approved in this decision. The location of the proposed managed fill is within the area that has been included within Lot 1 DP 512413. This is referred to in this application as “the site”. The proposed sediment retention pond will fall just outside the adjusted boundary for Lot 1 DP 204233 and for this reason the adjoining land is included within legal description for the application site. Figure 4: Approved subdivision boundary adjustment plan
2.2 THE SITE
The site is located at 1331 State Highway 16 (SH16), approximately 4 kilometres northwest of the Waimauku settlement, on the western side of the road. The site is currently used for the existing approved managed fill facility in the southwestern part of the property with the remainder used for pastoral beef farming. Most of the site is steep to rolling hill country with the eastern parts closer to SH16 being flatter alluvial lands associated with the Kaipara River flood plain. Two steep ridges extending from the elevated consolidated sand dunes of Woodhill Forest enclose valley wetlands in the western part of the property. These flow to constructed drains on the flatter land which then join the Waipatukahu Stream, a tributary of the Kaipara River. Open pasture predominates on the site but there are patches of remnant native forest near the western boundary, scattered groups of kanuka, and areas of gum plantation. Pastoral grazing is undertaken on the slopes not associated with the existing managed fill.
Four rural lifestyle lots have been subdivided on the flat and gently rolling land near the frontage to SH16 ranging in size between 1.2 hectares and 1.93 hectares. This forms part of the ‘Wood Valley Estate’ subdivision, which includes over 17 hectares of the property, including areas of existing wetland, existing bush and new bush planting and wetland/riparian planting being covenanted. The site contains two dwellings with ancillary buildings and serviced by a single driveway with access to State Highway 16 (SH16). The driveway is concreted to a length of approximately 400m and has a formed width of 6m. Located within the vicinity of the site are three recorded archaeological sites including a pit and terrace site scheduled in the Unitary Plan (Ref. Q10_64 – 373) close to the western boundary. The other site is a pit located the northern edge of the proposed fil area (Ref: Q10_71) and another site which has been destroyed (Ref: Q10_67).
2.3 THE LOCALITY
Woodhill Forest, with its mix of exotic pine plantations and sand dunes separates the property from the West Coast. To the east is SH16 and pastoral farming activities located on low lying land strongly influenced by the Kaipara River. The rural land to the north and south is dominated by lifestyle farming properties of varying lot sizes. The Reweti Marae and an associated settlement on McPike and Lyon Roads is to the South-East of the site. The site is approximately 1.5kms from the small Woodhill settlement to the north and approximately 4.4km from the settlement of Waimauku. Annexed as Attachment 3 is a plan showing the location of all properties adjoining the site (including the location of any dwellings) also in Attachment 3 is a plan showing all properties owned or controlled by the applicant or subject to a written approval.
2.4 BACKGROUND
The first stage of the Wood Valley managed fill was granted integrated resource consent to Dirtworks as a non-notified consent on 13 October 2017. This integrated consent (bundled as BUN20457181) approved 940,000m³ of managed fill over an area of 8.53ha for a duration of 15 years. This consent permits up to 200 return trips (400 inward and outward movements) per day and uses the existing driveway for access to and from SH16. This consent has been given effect and the managed fill is operating in accordance with its conditions of consent. A copy of this integrated consent is annexed as Attachment 4. On 2 May 2018 an application to change the conditions of consent pursuant to section 127 of the Resource Management Act 1991 (RMA) was lodged. This application is currently before the Council and seeks the following change to the approved conditions of consent: This proposal adopts the proposed changes to Conditions 7, 12 and 115 of this application specifically: To increase the number of truck movements (to apply to both managed fills) from 400 movements (200 trucks) to 800 movements (400 trucks) Monday to Friday and 400 movements (200 trucks) on Saturdays. To change the operating hours to 7am to 6pm Monday to Friday and 7.30am to 1.00pm Saturday; and An alteration to acceptance criteria to make them consistent with other managed fills in the Auckland Region.
3 THE PROPOSAL
3.1 MANAGED FILL DETAILS
It is proposed to establish a 2nd managed fill on the site and adjoining site. The fill site will be located to the north of existing fill (Stage 1) and will comprise the following components: Fill Volume: 1,650,000m³ Fill Area: 11 ha approx. Truck Movements (Max): Monday to Friday 400 return trips (400 inward/400 outward) Saturday 200 return trips (100 inward/100 outward) Sunday and Public Holidays – closed Maximum truck movements will be kept to 300 (600) trips until such time that a right turn in (i.e. from the north) has been constructed. Operating Hours: Monday Friday: 7:00am- 6:00pm Saturday: 8:00am – 1:00pm Sunday and Public Holidays – closed Fill material accepted: Managed fill and Clean fill Truck routes: 93% expected from south (urban Auckland) Consent duration: Same as Stage 1 [15 years from 10 October 2017 (2032)] Maximum Open Areas of fill: 6 ha all year Access The managed fill would utilise the existing access at 1331 SH16 with a new section of haul road to be constructed starting approximately 700m from the site entrance and extending up the slope to the north. The concrete driveway is to be extended by a minimum length of 100m. This will result in a 6m wide driveway length of approximately 520m from the entrance.
3.2 FILL DESIGN
The proposed managed fill will comprise the filling of the entire gully, with the finished level in the southern portion of the gully area to be married in to the gully flanks. Batters of 1(v) in 3(h) are proposed to marry the fill into the surrounding landform and the mouth of the gully is to contain a maximum slope of 1 in 3 up to the maximum fill elevation. The placement of fill up to a depth of approximately 40m over a length of approximately 430m and 340m wide is proposed in the gully. The fill is proposed to be imported track rolled managed fill and retuned to pasture when completed. Soil types expected to be delivered to the site comprise four broad categories as follows: Type 1 (Dry and Clean) Topsoil or clay only, with a low moisture content. No rubble, concrete, vegetation or rubbish. Type 2 (Damp or Unsuitable) Damp material, or material with small amounts of rubble or concrete. Type 3 (Wet or Mixed) Wet material or material containing large quantities or pieces of concrete, rubble and/or vegetation. Type 4 (Other) This category may require mixing, sorting or other special treatment on site. It is either very wet; or mixed material; or burnable material only, e.g. vegetation free of soil. Type 3 and 4 (i.e. the more saturated lower strength Managed fill) materials will comprise the bulk of the fill materials which are proposed to be held within containment bunds which will be constructed out of the type 1 and 2 fill material. A fill upslope of the accessway is also proposed which will comprise the cut materials from the formation of the accessway and this will be shaped to a 1(v) in 5(h) slope with the maximum fill depth of approximately 5m.
3.3 HAUL ROAD AND TIPPING HEAD LOCATIONS
The proposed haul road will be formed from the existing concrete driveway, which will be extended westwards a further 100m. The haul road will then head in a northerly direction following the existing access road up a steep (13% grade) section of slope than then will swing west before entering into the first proposed tipping area. The second tipping area will be accessed via an extension of the haul road around the eastern edge of the fill. The haul road will have batters formed either side of the access track which traverses the southern facing slopes from south-east to north-west. Cut batters will be approximately 10m high vertically on the upslope side and up to 7.5m high vertically on the downslope side. The proposed batters to be formed are at 30° (on batters up to approximately 10m in vertical height) and 36° (on batters up to 5m in vertical height) as shown on the attached Envelope Engineering plans. As discussed above it is proposed that cut from the formation of the haul road (not used for the construction of screen bunds) will be placed on the land immediately to the north of the haul road as shown on Envelope Engineering Drawings 202 and 301. The estimated volume to be placed here is 24,500m³. All other fil be placed within the managed fill tipping area.
Figure 5: Haul road and tipping heads 3.4 SCREEN PLANTING AND SCREEN BUNDS
It is proposed to construct earth screen bunds along the eastern edge of the haul road through to the 2nd tipping head (see Figure 5 above). The first section of earth bund with lie immediately to the west of the haul road to screen views to trucks heading to and from the 2nd tipping head and will reach a screening height (from the haul road to the top of the earth bund) of 3m. The second section of earth screen bund will be located immediately to the north and will run along the eastern of the haul road also reaching screen height of 3m. These bunds will be constructed to have a natural appearance and will be planted with fast growing vegetation to assist naturalness and screening effect.
3.5 WETLAND RECLAMATION AND OFF-SITE MITIGATION
The proposed filling areas will involve the filling of areas that contain existing but low ecological values. An ecological report by Boffa Miskell has determined that the filling areas will permanently reclaim areas of wet pasture, sedgeland, wetland, as well as some remnant native trees and some exotic pines. In terms of freshwater streams these have been heavily modified and piped and do not qualify as “streams” under the RMA and are classified “artificial water courses”. An SEV assessment has been undertaken and by using a mix of mitigation ratios ranging from 1:2 to 1:3 the loss of 30,966m² of vegetation community has resulted in 68,471m² of offset mitigation planting being proposed. The applicant has been unable to secure an agreement to provide offset mitigation planting on the same site or the adjoining sites. However, a site located 44 Crosland Road, South Head (some 20km to the north) has been identified and this site, while not being in the same catchment, flows into the Kaipara Harbour. All offset mitigation planting will occur on this site.
Figure 6 Location of offset mitigation planting 3.6 ACCEPTANCE CRITERIA
The proposed managed fill has developed acceptance criteria to ensure that contamination levels of materials is within acceptable limits for a managed fill. Acceptance criteria will be based the definition of cleanfill materials (MfE Guide to the Management of Cleanfills) and low level contamination as defined in the National Environmental Standard or Assessing and Managing Contaminants in Soil for the Protection of Human Health (NES). Other suitable material will be accepted such as weathered asphalt, bricks, ceramics, concrete, glass, rock, sand and gravel as set out in the WasteMINZ Draft Technical Guidelines for the Disposal to Land of Residual Waste and Other Material. The managed fill will not accept material included in Class 1 and 2 for landfills under the Waste MINZ Draft Guidelines. A Fill Management Plan (and a dust management plan) has been prepared which sets out measures to monitor and manage fill material compliance (see Attachment 8).
3.7 SEDIMENT AND EROSION CONTROL
Accepted best practice sediment and erosion control devices and measures are proposed to manage the flow and quality of water leaving the managed fill tipping and filled areas. These include a sediment retention pond for the duration of the fill operation, clean and dirty water diversion bunds and channels for each stage, super silt fences and decanting earth bunds and a chemical treatment system for the management of suspended solids. These details are set in in the Earthworks and Construction Management Plan (ECMP) and assessment by Envelope Engineering annexed in Attachment 5
3.8 ACCESS
As part of the s127 application for the approved Stage 1 consent, additional truck movements up 400 return trips (800 inwards and outward movements) is sought. This application seeks to maintain that daily maximum so that applies for both stage and Stage 2 sites. As the site has access from SH16, the consent holder has engaged with the New Zealand Transport Authority (NZTA) to receive their approval to this change. NZTA have advised that a maximum of 300 movements per day is acceptable under the current access formation but that the additional 100 return truck movements sought will need the inclusion of a dedicated right-turn into the site for trucks travelling from the north. The applicant agrees to this limitation and it forms part of its proposal and also offers this limitation on an “Augier” basis as a condition of consent.
4 PLANNING FOR MANAGED FILLS
4.1 REGIONAL CONTEXT
Cleanfills and managed fills are a necessary by-product of urban and infrastructure development in Auckland. Urban growth and development (including large public infrastructure projects such as arterial roads, motorways and tunnelling projects) generate the need for bulk earthworks and this material needs to be relocated and deposited in an efficient and effective manner. The Unitary Plan has enabled urban growth and intensification within the Rural Urban Boundary (RUB) including significant new greenfield areas and intensification within existing urban areas. For example, Issue B2.1 of the RPS recognises that Auckland’s growing population increases demand for housing, employment, business, infrastructure, social facilities and services while making efficient use of the existing urban area and infrastructure. Objective B2.2 directs that urban growth achieve a compact urban form and Policy B2.2.2 requires sufficient land be provided to accommodate at any one time a minimum of seven years’ projected growth in terms of residential, commercial and industrial demand. While a number of future urban areas will be released for development over the next 10-30 years, large areas of existing urban land within multiple residential and business zones has been made available for significant intensification in order to achieve a more compact urban form within a growing population. Coupled with the regionwide direction to provide for planned urban growth is the realisation that Auckland has a “housing crisis” facing a shortfall of approximately 40,000 to 50,000 dwellings to meet existing demand for residential housing. Urban areas offer limited opportunities for the disposal of fill material due to the scarce availability of land, the higher densities of urban development expected from the RPS direction, and the higher expectations of amenity within residential zoned areas as opposed to working rural environments. In this regard, rural areas within close proximity to metropolitan Auckland are the most appropriate locations for such facilities provided they are managed and are of a scale that meets the reasonable environmental and amenity expectations of a working rural environment.
4.2 LOCATIONAL CONSIDERATIONS
Based on previous experience, there are a number of locational considerations that are relevant to the Auckland region that should be taken into account when selecting a site for a managed fill. These are as follows:
Proximity and roading environment
Zoning Managed fills are best suited to the rural zones including the Rural Production zone, the Mixed Rural zone, and the Rural Coastal zone. The Countryside Living zone is not appropriate for cleanfills and managed fills as it is a zone that provides for a high degree of residential amenity in a rural setting. The Rural conservation zone is also not appropriate for this type of activity due to presence of significant ecological and landscape values. In this case, the site is located within the Rural Production zone which provides for the use and development of land for rural production activities and rural industries and services is a rural production zone (and associated effects) with a predominance of larger land holdings rural and lower experience of non-rural or countryside living activities. Managed fills are enabled in this zone as a discretionary activity. Roading environment Managed fills are ideally located close to the source of the material likely to be deposited there (i.e. Metropolitan Auckland or a location that has a large infrastructure project i.e. motorway extension). They are better suited to State Highways or arterial roads where there is a higher frequency of vehicle movements (including heavy vehicles movements), higher background noise levels, sealed shoulders (for non-motorised traffic and pedestrians) and a standard of pavement construction better suited to frequent heavy vehicle use. The site at 1331 SH16 is accessed directly from State Highway 16 which has been built to a high standard pavement design and expects high levels of traffic including heavy trucks movements. A State Highway environment has wide carriageways and a generous reserve width to allow widening, turning and acceleration/deceleration lanes to be constructed or added if necessary. It noted that further improvements to the SH16 entrance are proposed as part of this proposal . Natural Environment Managed fills are often located within gully areas which are filled and then re-contoured and grassed or planted. This approach offers the least invasive visual and landscape effects within the rural environment as well as offering opportunity for more suitable and efficient grazing or other rural production activities. In most cases this involves some modification or removal of intermittent or permanent streams or wetlands. Where this cannot be avoided, managed fills should be located within catchments that do not have a high ecological value and where off-set mitigation can be provided within the same catchment or off-site in similar areas where “like for like” mitigation can be offered. Locations with high natural character, high value natural features, heritage or landscape values should be avoided. Managed fills should also be located within areas where land and soil stability can be managed and are not subject to flooding or other natural hazards. The proposed managed fill will take place within a gully and will involve the permanent loss of a highly modified wetland and artificial farm watercourses. Opportunities for enhancement and stream, wetland and riparian protection measures as offset mitigation are not available on the site but suitable “like for like” mitigation on a site within the wider Kiapara Harbour catchment is available and is proposed. Overall, the site proposed for this managed fill is an ideal location in terms of its zoning, location to source material, roading environment and access and ability to manage the effects on the natural environment (streams).
5 REASON FOR THE APPLICATION
5.1 AUCKLAND UNITARY PLAN – OPERATIVE IN PART
Under the Auckland Unitary Plan – Operative in Part (Unitary Plan) the site is zoned Rural Production zone. The activity status for a Managed Fill is as follows:
Chapter H19 – Rural Zones Activity – managed fill Rule H19.4.1 Activity Table • Rule (A65) – Managed Fill in the Mixed Rural zone Activity Status: Discretionary Activity There are a number of other activities associated with the proposed managed fill which trigger resource consents under the Unitary Plan and these are set out as follows:
Chapter E3 - Lakes, rivers, streams and wetlands Activity – filling wetland Rule E3.4.1 Activity Table • Rule (A49) - New reclamation or drainage, including filling of a wetland Activity Status: Non-complying activity1
Chapter E8 - Stormwater Discharge and Diversion (Haul Road) Activity - proposed haul road Rule E8.4.1 – Activity Table • Rule (A10) - Diversion and discharge of stormwater in a rural environment where the total new proposed impervious areas is not authorised by other stormwater discharge and diversion rules
Activity Status: Discretionary Activity
Chapter E11– Land Disturbance Regional Activity – construction and filling of managed fill Rule E11.4.1 - Activity Table • Rule (A9) - Greater than 2,500m² within the Sediment Control Protection Area 1 Sediment Control Protection Area is defined as: (a) 100m either side of a foredune or 100m landward of the coastal marine area (whatever is the more landward of mean high water springs); or (b) 50m landward of the edge of a watercourse, or wetland of 1000m² or more. Activity Status: Restricted Discretionary activity
Chapter E12 – Land Disturbance District Activity – construction and filling of managed fill Rule E12.4.1 - Activity Table • Rule (A6) - Earthworks greater the 2,500m² in area Rule (A10) Earthworks greater than 2,500m³ in volume Activity Status: Restricted Discretionary Activity.
Chapter E13 Cleanfills, managed fills and landfills Activity – discharge contaminants from managed fill Rule E13.4.1 Activity Table • Rule (A4) - Discharges from managed fills Activity Status: Controlled activity
Chapter E15 Vegetation management and biodiversity
Activity – clearance of vegetation from fill area
1 As set out in the Boffa Miskell Ecology report, there are a number of watercourses within the proposed filling area. However, these have been heavily modified to the extent that they are classified as “artificial watercourses” under the definition of “river” in section 2 of the RMA. Rule E15.4.1 Activity Table
• Rule (A17) – Vegetation alternation or removal within 10m of a rural stream in the Rural Production zone • Rule (A18) - Vegetation alternation or removal within 10m of a rural stream in the Rural Production zone Activity Status: Restricted Discretionary Activity Chapter E27 Transport Activity – haul road – steep section Rule 27.6.4.4.1 Activity Table • Rule (A158) - Vehicle access used by heavy vehicles with a gradient steeper than 1 in 8 (12.5 per cent)
Activity Status: Restricted Discretionary Activity
5.2 BUNDLING OF CONSENTS
The accepted planning practice under the RMA for multiple consents is that the more stringent planning activity status should apply to the entire application. However, in some circumstances the different aspects of an application can be unbundled and this practice has been upheld in the Courts. Generally, it is accepted that where an activity that requires consent is integral to another activity that also requires consent, they should be bundled. In this case, all aspects of the proposed managed fill are integrated and interrelated. On that basis it is considered appropriate to bundle all consents together under the most stringent planning activity status.
5.3 ACTIVITY STATUS
Overall, the application requires resource consent for a Non-Complying Activity.
6 ASSESSMENT
6.1 SCHEDULE 4
Schedule 4 of the Act specifies the information and matters that must be included any resource consent application. Clause 7 sets out the matters that must be addressed by an assessment of environmental effects and these must include the following: (a) any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects: (b) any physical effect on the locality, including any landscape and visual effects: (c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: (d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: (e) any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: (f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations.
6.2 ASSESSMENT OF EFFECTS - S104(1)(A)
6.2.1 PERMITTED BASELINE ASSESSMENT In terms of effects on the environment, section 104(2) of the Act has established that the correct approach to defining those effects is by way of reference to those activities permitted by a plan. This forms part of the permitted baseline which has evolved through case law and defines the environment against which a proposed activity’s degree of adverse effect is gauged. The permitted baseline comprises the existing environment, non-fanciful activities and their constituent effects that would be permitted as of right by the Unitary Plan and the effects of activities enabled by an unimplemented consent. Section 104(2) enables the consent authority to disregard an adverse effect of an activity on the environment if a plan permits an activity with that effect.
6.2.2 EXISTING ENVIRONMENT Existing Managed Fill The existing environment consists of the pastoral activities being undertaken on the site as well as the managed fill activity for 940,000m³ of fill over 15 years. The managed fill activity has been given effect and is operating in accordance with its conditions of consent. The effects on the environment associated with this fill include the following: • 200 return truck return trips per day; • An existing access to SH16; • Noise and visual effects approved and associated with the operation of the fill; • Vegetation clearance, stream modification and offset mitigation; • Associated discharges to the receiving environment. State Highway 16 Another component of the receiving environment is the location and operation of SH16. This major state highway carries high numbers of vehicles throughout the day and generates a level of noise and visual effect on the receiving rural environment. SH16 is part of the state highway network and is the only state highway to service north western Auckland. It is also the only alternative to State Highway 1 to service areas north of Wellsford. Recent traffic counts from 2016 have SH16 at 5,505 per day with at least 6% of these being heavy trucks. Sand Extraction and Concrete Slurry Discharge Atlas concrete hold two resource consents within the locality for sand extraction and the discharge of concrete slurry. The consent numbers are L24881 and L60618 respectively. Both activities are accessed from Pulpit Rock Road and located approximately 1km west of SH16. It is understood that the sand extraction activity is not operating at present (but could restart) and the concrete slurry activity involves up 34 truck movements per day along Pulpit Rock Road.
6.2.3 ACTIVITIES PERMITTED BY THE PLAN The activities permitted in the Unitary Plan in the Rural Production zone include primary production activities such as farming, greenhouses, intensive farming, intensive poultry farming, forestry and on site primary produce manufacturing as well as farm and forestry quarries, household units, home occupations which includes the accommodation of up to 10 guests, care centres for up to 10 people, markets and informal recreation. With regard to land disturbance activities, up to 2,500m³ volume of earthworks over an area of 2500m² are able to be undertaken on a site as a permitted activity within the Rural Production zone subject to compliance with the relevant standards. In terms of anticipated effects from permitted activities on rural character and amenity there is guidance in the general rural zone policies where in Policy H19.2.4(2) it recognises that noise, odour, dust, traffic and visual effects associated with the use of the land for farming, horticulture forestry, mineral extraction and cleanfills are typical features of the Rural Production zone. Policy H19.4.3 acknowledges that that reverse sensitivity effects should be managed by acknowledging a level of amenity that reflects the presence of rural production and processing activities that generate rural odours, noise from stock and the use of machinery, and the movement of commercial vehicles on the local road network and non residential activities which may generate noise, light and traffic levels greater than those normally found in areas set aside for rural lifestyle activities.
6.2.4 UNIMPLEMENTED CONSENTS As discussed above, the Stage 1 managed fill has been given effect and is operating in accordance with its conditions of consent. The recently approved subdivision boundary adjustment consent (SUB60322232) is in the process of being given effect to and on that basis should be considered part of the receiving environment. On 30 July 2018 subdivision consent was granted to create six additional “rural residential” sites at 1331 SH16 (Ref. SUB60035814- B). Since this time titles have been granted to approved Lots 2, 4 and 5 with the other titles pending. With the exception of Lot 5, no other titles have been sold and if sold in the future they would be sold with no-complaints covenants relating to both the Stage 1 and Stage 2 managed fills. Lot 5 is further addressed below.
6.2.5 WRITTEN APPROVALS The consent holder has obtained the written approvals of the following land owners:
The applicant has also obtained the written approval from Lot 5 DP 512413 (1331A SH16). The plan showing these landowners is annexed as Attachment 3. Pursuant to section 104(3)(b) Auckland Council shall not have any regard to any effect on a person who has given written approval to the application.
6.2.6 PERMIITED BASELINE CONCLUSION In this case it is considered that the various components that make up the permitted baseline are relevant and should be considered as part of the environmental effects assessment. Of particular relevance is the existence of the existing managed fill on the site and its constituent permitted environmental effects. This includes the use of the same access from SH16 and the existing sealed driveway. Also of relevance is the permitted effects of rural production in the Rural Production zone can affect or influence the amenity expectations of persons living in this rural environment in combination with the high traffic volumes along State Highway 16.
6.2.7 EFFECTS ON THE ENVIRONMENT
6.2.7.1 POSITIVE EFFECTS Managed fills have a number of positive effects on the environment. As discussed above, managed fills are a necessary component of planned urban growth at both district and regional level. Managed fills enable further residential development to provide for the shortfall in residential dwelling throughout the region which is estimated at between 40,000 to 50,000 dwellings in a context of an already growing population. In terms of positive effects on the site itself, the proposal (with the exception of the approved boundary adjustment) will not involve the creation any new titles in which dwellings could be erected and no permanent dwellings or buildings are proposed. In that regard the land tenure patter of the rural locality will be maintained and not fragmented further. Following the completion of the managed fill, the land will be grassed and returned to pastoral farming. The recontoured land will be better and more efficient for farming activity and there would be little, if any damage to other streams. The proposal involves the undertaking of off-site ecological mitigation to address the loss of degraded wetland habitat on site. Finally, the proposal, in combination with the existing managed will be a limited-term activity and will not operate longer than 15 years.
6.2.8 CONSTRUCTION AND PHYSICAL EFFECTS
6.2.8.1 CONSTRUCTION EFFECTS Noise and Visual Bunds Construction and enabling works will involve the following activities: Vegetation removal form the fill area; Establishing the haul road extension to the fill area; Creation of new overland flow paths to managed stormwater discharges; Establishment of sediment and erosion control measures including: o A stabilised construction entrance; o Temporary cleanwater diversion channels and top soil bund; o Sediment erosion pond, decanting earth bunds, silt fences and stormwater inlet protection; A weigh bridge for trucks entering and leaving the site (already operational as it applies to both managed fills); A temporary relocatable building (i.e. “portacom” or similar) for vehicle entry management and overall site management; and Staff parking area. These works have all been specified in the ECMP prepared by Envelope Engineering and detailed in the engineering plans submitted with this application. This assessment is annexed as Attachment 5 and the relevant engineering plans are included in the A3 Folio of plans. Throughout the construction phase best practice engineering practice will be observed and all the works are able to easily meet the daytime noise standards for construction noise. It is accepted practice to require all construction works (including the placement of all visual and noise screening bunds and planting) to be subject to a Construction Management Plan and this has been proposed as part of this proposal and offered as a condition of consent. Given the similarity of this project to the existing fill in terms of location, access, topography and design the wording of a condition should follow that of the existing fill consent. Subject to these measures being implemented any adverse effects from construction and enabling works will be less than minor.
6.2.8.2 GEOTECHNICAL EFFECTS A geotechnical investigation has been undertaken by Lander Geotechnical for the purpose of addressing the geotechnical suitability and stability of the site for managed filling activity. A copy of this assessment is annexed as Attachment 6. The assessment assesses the nature and relative uniformity of the subsoils to depths likely to be affected by the proposed managed fill. It also specifically addresses the slope stability of the existing slope, the proposed managed fill batter, the proposed access road to be constructed leading to the subject site and the proposed filling positioned upslope of the accessway comprising excess cut materials from the accessway formation. Recommendations are also made with regard to managed fill certification to comply with Auckland Council regulation in this regard. It is understood that the filling is landscaping only, and there is no end use proposal to develop buildings or infrastructure over the managed fill. The geotechnical assessment identified a range of soil types typical of sediments of the Awhitu Group sedimentary lithology and groundwater was identified at varying depths from ground level to a depth of 3.9m with an inflow direction of north east. A slope stability assessment from three cross-sections was undertaken and the results analysed and reported in the Lander assessment. Based on their site observations and the findings of their site-specific hand auger borehole and trial pit investigation, and the analyses herein, Lander Geotechnical consider the subject site is suitable for the proposed managed fill provided that the construction works, and subsoil drainage works are carried out as recommended in the assessment. A number of specific recommendations are proposed and these include measures related to: Site preparation and enabling works; Confirmation of geotechnical compaction standards; Erosion and sediment control measures; Construction of a west facing shear key (2m deep and 6m wide) at the toe of the main fill area; and Accessway batter angles for the haul road and upslope access ways to the tipping areas; Installation (and expert certification) of underfill drains, lateral drains and chimney drains and associated monitoring The applicant adopts these recommendations and they form part of the application material. The applicant would also accept the implementation of these recommendations (including specific monitoring requirements) as a condition of consent. On the basis of these recommendations being adopted, it is considered that any adverse geotechnical effects will be less than minor. 6.2.8.3 SEDIMENT AND EROSION EFFECTS Sediment and erosion control measures are detailed in the Envelope Engineering Earthworks and Construction Management Plan (ECMP) annexed as Attachment 5. The construction effects have already been assessed in section 6.2.8. This assessment relates to the actual and potential adverse of ongoing and operational sediment and erosion control effects. As described in the ECMP the proposed location for the managed fill will be located within a natural gully in the centre area of the property and extending from the existing north-western boundary of the site through to the existing formed access road. This site area would enable a total fill volume in the order of 1,650,000 m³, across a maximum footprint of approximately 114,380 m² (with a maximum exposed area of 6ha at any one time). A four stage approach to the fill operation is currently planned comprising construction works through to the final finished grassed pasture. Each of the four stages would be limited to a footprint no greater than 6ha. The footprint of each stage is capable of being further reduced through rapid stabilisation techniques to suit climatic and/or operational conditions, and in response to the outcomes of monitoring. The outside finished fill batter will be progressively stabilised throughout the fill operation, with full stabilisation achieved prior to continuing with further stages. Fill compaction will be achieved by track rolling the imported fill material in 300mm layers within each stage where appropriate. Stage 1 of the fill operation involves forming access roads and two tipping heads to establish stable level areas where trucks can manoeuvre and safely deposit their load over an embankment slope. The aggregate access tracks will be constructed and maintained throughout the fill operation, providing access for trucks from the existing driveway through to the tipping heads. Trucks will only be permitted beyond the aggregate-stabilised access track during dry surface conditions to maintain clean wheels and under-trays. The proposed screen bund will be constructed during Stage 1 to screen the main fill area. Stage 2 to 4 involve filling of the main fill area with various types of managed fill (being types 1-4 as described above). The proposed earthworks and sediment control measures are shown in details in the Earthworks and Sediment Control Plan Series 230 contained in the Folio of Plans. The ECMP sets out four objectives of erosion and sediment control and these are: • Completing all works within the minimum time practicable; • Segmentation of catchments to limit the extent of adverse effect; • Stabilisation of exposed areas as soon as practicable; and • Perimeter controls for the diversion of clean water. These measures are designed to be consistent with Auckland Council’s for Sediment and Erosion control - Auckland Council Guideline Document ‘Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region’ dated June 2016 (GD05) in addition to specific measures proposed for the managed fill and recommended in the ECMP. These measures include the following: Erosion Control Stabilised construction entrance (existing and proposed extended concrete driveway); Temporary clean water diversion channels and topsoil bund across the area being filled; Sediment Control Sediment retention pond with a rainfall activated chemical dosing system; Decanting earth bunds; Silt fences; and Stormwater inlet protection Site Stabilisation Adopting NZS4431 and NZS4402 (compaction standards) where this appropriate or recommended by the geotechnical engineer; Sowing completed top soiled areas with grass seed or hydroseed; and Monitoring and certification of stabilised areas; Maintenance and Monitoring The ECMP proposes a suite of maintenance and monitoring as set in the following table: MONITORING MONITORING BY FREQUENCY RECORDING TYPE Set-up of site ESC Engineer Prior to Engineer’s written site commencement of inspection record. earthworks. Daily Inspection Contractor At the start and end of Contractor’s site diary to each working day. be retained on site and reviewed at weekly meetings. Routine Weekly Engineer/Contractor Weekly (prior to site Engineer’s written Inspection meeting). meeting minutes. During heavy rain Contractor During or immediately Contractor’s inspection events after heavy rain record to be provided to events. the Engineer within 24 hours of the rainfall event. Prior to removal of Engineer Prior to removal of any Engineer’s written site ESC devices. ESC device. inspection record.
The applicant is prepared to have these maintenance and monitoring actions form part of the application and included as a condition of consent if deemed necessary. As part of the ECMP a soil loss assessment using the Universal Soil Loss Equation (USLE) has been completed. This methodology approximates the potential sediment loss from the proposal and is used to help identify any high-risk areas or stages throughout the proposed works. In that regard Envelope Engineering has identified Stage 2 of the filling process as the phase with the highest likely risk as that phase has the longest potential slope lengths and steeper in-situ topography during the initial fill operation, together with managing clean water flows through the centre of the site. Provided this stage is undertaken with supervision and care including rapid stabilisation techniques used where and whenever necessary to minimise the exposed footprint, any adverse effects can be managed to the extent that they are less than minor. Envelope Engineering state that the proposed maximum exposed footprint of 6ha provides adequate mitigation of the main bulk filling operations, as reflected in the USLE results for the latter stages (stage 3-4). The USLE has calculated the total sediment yield for the operation to be 3.2 tonnes over a period of approximately 7 years; or an average annualised sediment loss of 0.5 tonnes (from an average annualised exposed area of 3ha). In the expert opinion of Envelope Engineering, this value represents only a minor increase relative to a comparative annualised sediment yield of 0.43 tonnes from the existing site conditions and the same annualised average area. They advise that this is largely due to the existing steep topography compared with the flatter crossfall during the managed fill operation. Overall it is concluded from the ECMP that the adverse effects of sediment and erosion control can be managed in accordance with best practice subject to the range of operational management techniques recommended. These have been adopted by the application and form part of the application. Where appropriate these measures can also form part of the conditions of consent for the operation of the Managed fill. On this basis it is concluded that any adverse sediment and erosion control effects will be less than minor.
6.2.8.4 STOMWATER MANAGEMENT EFFECTS The proposed fill area is to be located in an area that has stormwater overland flow paths identified in the Unitary Plan. Envelope Engineering has undertaken an assessment of this and a copy of this is also included within Attachment 5. This assessment notes that the upstream catchment to the flowpath is approximately 14.6 ha. The overland flow currently discharges into an existing stream (Stream A) located within the neighbouring property 1435 SH16. The overland flow path will be modified by the proposed managed fill operation.
Figure 7 Stream locations Envelope Engineering advise that the proposed fill area will divert some flow from the existing catchment area which shows the diverted catchment area as 2.6 ha. The proposed stormwater strategy for the finished contour is as follows: For the 100 year ARI, the peak discharge from the existing site is estimated to be 2.2m³/s. The post development peak discharge, assuming ground areas are fully covered by grass, is expected to be 1.8m³ /s. The balance of 0.4 m³/s flow will be diverted to another stream (Stream C) which is located approximately 300m west of Stream A. Stream A and C will eventually join together to form a larger overland flow path. Based on the above, the existing catchment to stream A will be modified from 14.6ha to 12.0ha. The 100 year ARI flow to stream A will be reduced from 2.2 m³/s to 1.8 m³/s. The existing catchment to Stream C is approximately 4ha. This will be increased to 6.6ha post completion of the managed fill works. The 100 year ARI flow to Stream B will increase from 0.6m³/s to 1.0m³/s. It is proposed to construct an overland flow diversion channel around the south western corner of the completed clean fill area. This is to minimise overland flow which has been diverted by the clean fill from being directed towards different catchments (i.e. to Stream C). The area of overland flow catchment to be contained within the proposed diversion channel is shown on plan 1308-01-101, the catchment area is approximately 2.0ha. The 100 year ARI flow of the 2.0ha catchment is 0.3m³/s. Therefore, the 100 year ARI to stream A from the site will be 1.9m³/s. The 100 year ARI flow to Stream C will increase from 0.6m³/s to 1.0m³/s. Approximately 2.6ha of the total catchment area will not be able to follow the original path and flow to Stream A. The 100 year ARI flow of the 2.6ha catchment is 0.4m³/s. An overland flow diversion channel has been designed to accommodate the proposed overland flow. Envelope Engineering conclude that the finished surface levels and the resulting modified stormwater overland flow will be adequately diverted from Stream A to Stream C which will ultimately connect back into Stream A downstream of the fill area. On this basis it is concluded that the stormwater effects of the proposed fill will result in adverse effects that are less than minor.
6.2.8.5 FILL ACCPETANCE AND CONTAMINATION EFFECTS As a managed fill, it important that adequate site acceptance criteria be created to ensure that the fill conforms with accepted low levels of contamination to the receiving environment. This means taking into account a number of site specific matters including existing soil composition and chemistry, geology, topography, permeability and any identified vulnerabilities in the receiving environment. Environmental Solutions have undertaken this assessment and a copy of this is annexed as Attachment 7. Acceptance criteria will be based the definition of cleanfill materials (MfE Guide to the Management of Cleanfills) and low level contamination as defined in the National Environmental Standard or Assessing and Managing Contaminants in Soil for the Protection of Human Health (NES). Other suitable material will be accepted such as weathered asphalt, bricks, ceramics, concrete, glass, rock, sand and gravel as set out in the WasteMINZ Draft Technical Guidelines for the Disposal to Land of Residual Waste and Other Material. Unacceptable fill material will comprise the following (as listed in Table 4.1 of the WasteMINZ Draft Guidelines: Used abrasive grits or sands; Asbestos; New or surplus asphalt mix; Bark; Car bodies; and Cesspit wastes The applicant proposes to seek pre-certification of acceptable fill prior to arriving on the site is this is practicable. Any fill from an identified HAIL site will require certification prior to acceptance. Staff will be trained to identify suspect materials including closer examination of loads involving: organic materials, refuse or building materials; Identification of fibrous materials that may include asbestos; Other forms of contamination including odour, staining and leachate discharge. Differential acceptance criteria will also apply with managed fill to always be included in deep filling areas and genuine cleanfill material only to be placed in shallow fill areas (defined as being less than 0.5m in height). Within the deep fill areas specific and measurable acceptance criteria have been developed and these are set on the table on the following page. In addition to this, a testing regime based on no less than one sample per 500m² of fill (not otherwise certified) is proposed and this will also comply with the WasteMINZ Draft Guidelines. Under this testing regime samples will be collected from the fill by the site manager (or suitably experienced or qualified delegate) and these will be sent to an accredited lab for analysis A recorded 12 month rolling mean of all fill received is proposed to allow the inclusion of minor exceedances of the maximum waste acceptance criteria on the basis that it does not exceed 80% of the acceptance criteria. In addition to this, sediment and surface bi-annual water monitoring is proposed in accordance with accepted best practice for the first two years of the fill operation. Acceptance criteria can then be amended or adopted in response to any adverse results. These measures form part of the application and offered as part of a suite of conditions to ensure that any contamination is within accepted limits or identified and remedied. In the event that laboratory testing in situ identifies unacceptable wastes, that material will not be accepted and redirected to a facility that holds a licence to accept fill of that quality. In the event that testing identifies waste that has already been tipped, a five step approach will be implemented: It is proposed that if analytical results return a result that is more than twice the managed fill criteria, that fill will be isolated and removed from the site within two weeks of the results being received. If the results are less than twice the managed fill criteria the following will be undertaken:
To ensure all of the above measures are implemented, the applicant has prepared a Fill Management Plan which details the operational aspects of fill management and monitoring. A copy of this management plan is annexed as Attachment 8. This also forms part of the application and adherence to it can be included as a condition of consent. On this basis, it is concluded that the applicant has adopted best practice for fill acceptance criteria and management and from that any adverse contamination effects on the environment can be managed to the extent that they are less than minor.
6.2.9 ECOLOGICAL EFFECTS
6.2.9.1 ON-SITE ECOLOGY An Ecological assessment has been undertaken by Boffa Miskell and a copy of this report is annexed as Attachment 9. The ecological assessment has focussed on the fill basin area and has identified all relevant terrestrial and freshwater habitats. It is noted that several farm drains and a farm pond were identified within the fill basin but these are not classified as streams under the RMA due to the extent of modification. On this matter the ecology report states: While these watercourses had some features of streams, such as defined banks, they were fragmentary and not connected to a stream network, and were formed due to an artificial source of flow. They are not natural watercourses and are therefore not classified as streams. The ecology report notes that fish access was impaired by the farm pond and outlet structure and only low numbers of shortfin eels were recorded here. The ecological values of these habitats and aquatic communities was found to be low. In terms of terrestrial ecology, the upper edges of the basin include some native species including mahoe, kahikatea, totara and kanuka scrub are present. The remaining terrestrial ecology is mainly comprised of pasture. The lower parts of the basin contain freshwater ecology in the form of wetland areas. These include raupo, sedgeland and adjoining areas of wet pasture. The report notes that all of these areas have been affected by stock browsing and trampling. In terms of ecological values present, no fish were found to be present in the wetlands. Downstream of the fill area is a permanent stream which contains a number of freshwater fish and other habitat but these areas will not be filled and will otherwise be protected from the effects of filling. Ecological effects identified by Boffa Miskell arising from the proposed development are primarily the permanent loss of wetlands and woody vegetation within the managed fill tipping areas. This includes wetland/turf mosaics, an area of raupō, two areas of Machaerina articulate (sedgeland), areas of wet pasture, mature and regenerating native vegetation, and pine tree stands. The aquatic environments within the project footprint includes artificial channels used for drainage, and a man-made farm pond. These would be reclaimed and filled. In terms of wetland ecology, Boffa Miskell note that while the wetland mosaic is highly modified, it contains native vegetation communities and wetlands are regarded as a threated ecosystem type (although rural wetland systems similar to Wood Valley are common in this area). Boffa Miskell conclude that overall the magnitude of effect is considered to be significant, but able to be mitigated to a level that would be “minor” or “less than minor” through the use of off-site mitigation. The area of wetland habitat that will be lost by the managed fill has been calculated by Boffa Miskell.
The loss of terrestrial habitat has been calculated as:
In terms of the loss of modified freshwater habitat managed fill will result in the loss of a small farm pond and various artificial channels which form part of the wetland mosaic. These are modified environments subject to agricultural landuse management practices. Macroinvertebrate communities are typical for rural aquatic environments, and fish communities were limited in abundance and diversity with only shortfin eel being recorded. Aquatic environments were highly modified and had relatively low biodiversity values, and overall freshwater ecological values were relatively low. Boffa Miskell state that the downstream environment being a Permanent Stream reach downstream of the dam is likely to be marginally affected by changes to hydrology resulting from the filling of the valley. In this regard, flows in this stream are already artificially controlled by the farm pond. Boffa Miskell conclude that the hydrological catchment may change due to modification of the surface catchment area and to infiltration and drainage within the fill area. This will include the stormwater from earthworks passing through a sediment device and discharge approximately 70 m downstream of the existing pond outlet, reducing flows in this section; also, a small area of the finished catchment surface will direct runoff into the next catchment to the west, due to the form of the final contours. An increase in peak stormwater flows in the west gully has also been considered from an ecological standpoint this could potentially cause erosion on the hillslope below the outfall. Boffa Miskell conclude that this risk has been addressed by reducing the contributing catchment area and by dispersing flows at the outlet with an engineered structure. The risk of erosion in the bottom of the gully is considered to be low because of the low gradient in this location. There may also be some ecological effects from sediment discharges as a result of land disturbing activities. Best management practices as proposed by Envelope Engineering provide a high level of control under most rainfall conditions but sediment concentrations become elevated during large events. In conclusion, Boffa Miskell state that there will be no loss of stream habitat quantity but some potential effects on quality, resulting in minor effects on ecological values during the construction period. Provided that the potential effects from sediment and flow changes are minimised to the extent practicable through management practices, no further offsetting mitigation is required. Onsite mitigation proposed by Boffa Miskell include undertaking a bat survey and relocating any identified roosts. A similar approach is to be taken for any native birds and a relocation strategy will be put in place for lizards.
6.2.9.2 OFF-SITE ECOLOGICAL MITIGATION Offsite mitigation (biodiversity offsetting) consists of restoring an appropriate area of wetland at an alternative location. This is aimed at achieving “no net loss” such that residual effects are minor or less than minor, or a net gain in ecological values: Typical restoration works would include planting, fencing and weed and pest control, and legal protection by covenant or equivalent. The applicant was unable to secure an agreement to undertake off-site mitigation on an adjoining site or within the same catchment. Using aerial photography, a number of sites within the wider Kaipara Harbour catchment where identified where similar degraded wetland areas were present. A deer farm at 44 Crosland Road (Pinewood Farm) 20.2km, as the crow flies, from the application has been identified for offset mitigation. The areas identified as potential mitigation at Pinewood Farm are similar in type and function as the areas identified at Wood Valley. Pinewood farm has free-draining soils due to the proximity to the sea and sand dunes of South Head. The heavy grazing of the wetland areas has resulted in the wetlands being degraded to a similar state of degradation as Wood Valley. Although some native wetland species are present, weed control will need implementing before the wetland will reach its full restored potential. Mitigation ratios have been identified by Boffa Miskell and are set out in the tables below. Off-set Mitigation at Pinewood farm
Off-set Mitigation ratio from Application site
The mitigation proposed at Pinewood Farm will exceed the mitigation required for each vegetation category, and exceed the total required by 19%. This additional mitigation is intended to also account for the fact that the mitigation site is not in the same catchment as the application site. Boffa Miskell therefore conclude that the proposed mitigation will provide a net gain in ecological values. In their opinion this will compensate for the sub-optimal proximity to the impact site, and provides a proposal that overall achieves the outcomes anticipated under the guidance provided in the Unitary Plan. Appendix 8 to the Unitary Plan sets out five criteria for ecological off-setting and Boffa Miskell has analysed these in their report and these are set out below: (1) Restoration, enhancement and protection actions will only be considered a biodiversity offset where it is used to offset the significant residual effects of activities after the adverse effects have been avoided, remedied or mitigated. For this project there are significant residual effects on wetland ecosystems, mainly due to the extent rather than the quality of the ecosystem. There is limited scope to avoid, remedy or mitigate effects within the project footprint, however, actions such as lizard and fish salvage will be undertaken and will be described in an Ecological Management Plan.
(2) Restoration, enhancement and protection actions undertaken as a biodiversity offset are demonstrably additional to what otherwise would occur, including that they are additional to any avoidance, remediation or mitigation undertaken in relation to the adverse effects of the activity.
The proposed mitigation is newly proposed restoration at a location where it would not otherwise occur.
(3) Offset actions should be undertaken close to the location of development, where this will result in the best ecological outcome.
The offset location is approximately 20 km from the impact site. Attempts to secure closer sites were not successful. Best endeavour have been made to secure a closer site. While proximity is sub-optimal, additional mitigation area is proposed to ensure the proposal achieves a positive ecological outcome overall, considering the full range of factors.
(4) The values to be lost through the activity to which the offset applies are counterbalanced by the proposed offsetting activity, which is at least commensurate with the adverse effects on indigenous biodiversity. Where possible the overall result should be no net loss, and preferably a net gain in ecological values.
We have applied an appropriate offset ratio to the wetland area, and also considered the other merits of the offset including how well it connects to adjacent ecosystems, whether it reduces fragmentation, etc. Overall we consider that the proposed restoration will result in a net gain in ecological values.
(5) The offset is applied so that the ecological values being achieved through the offset are the same or similar to those being lost. The ecosystem at the offset site is a wetland with similar ecological characteristics and values. Overall, the Boffa Miskell assessment concludes that the proposed reclamation of wetland and farm drains/artificial watercourses within the filling area will be more then adequately offset by wetland enhancement planting on the identified site at 44 Crosland Road.
6.2.10 TRANSPORTATION EFFECTS A traffic effects assessment has been undertaken by Commute Transportation Consultants Limited (Commute) which is annexed as Attachment 10. State Highway 16 The Commute assessment notes that SH16 carries in the order of 5,505 vehicles per day south of Hutchinson Road (some 5 km north of the site) with six percent of the vehicles recorded were heavy vehicles. They note that this level of traffic is well within the capacity of a two-lane State Highway rural road. In particular other parts of SH16 carry significantly greater levels of traffic e.g. south of Coatesville Riverhead Highway, SH16 carries over 25,000vpd and south of Joyce Adams Place, SH16 carries over 14,000 vpd. Commute has also undertaken a crash history of the locality and note that while a small number of crashes have occurred in the area, there is no history of accidents occurring relating specifically to movements into and out of the site. The Commute assessment recognises that the proposal intends to expand the existing managed fill at No 1331 SH16 into an adjacent site at Lot 4 DP 162353, State Highway 16 (SH16) calling the extension “Stage 2”. In that regard, the managed fill will essentially be an extension of the existing managed fill at 1331 SH16. The existing site at No 1331 SH16 has a managed fill consent for some 200 trucks (400 movements). NZTA have recently approved up to 300 trucks (600 trucks movements) per day in the current access configuration which can increase to 400 trucks (800 trucks movements if an appropriate right turn bay is constructed. A copy of this approval is annexed as Attachment 11. The NZTA approval is associated with a variation of the existing consent which is currently being processed by Auckland. It is not intended to increase the number of vehicle/truck movements through this access onto SH16 as recently approved by NZTA. This includes limiting the allowable heavy vehicles into and out of the access to 600 movements (current design) or 800 movements if an appropriate right turn bay is constructed. Traffic Generation The proposal for Stage 2 does not intended to change the traffic generated by the fill site at 1331 SH16. Essentially the daily movements permitted at No 1331 will simply be transferred to Stage 2. As part of the survey, Commute counted traffic movements from the existing access of the originally consented (200 trucks) managed fill site during the weekday morning (7-9am), midday (11am- 1pm) and evening (3-6pm) periods. The surveyed traffic counts have been used to build an existing SIDRA model of the intersection using the peak hour traffic volumes. Commute have compared the existing intersection operation of the current managed fill site against the consented development scenario (400 vpd) and the proposed development scenario (800vpd) to assess the effects of additional traffic at the intersection. Commute note that the through volumes have been based on NZTA recorded data (November 2014) with the entering and exiting vehicles from the 400 trucks (800 movements) based on the absolute peak with 93% turning left in/right out. Furthermore, Commute has assumed that the proportion of the additional vehicle movements will be 50% of into and 50% out of the site for each peak hour (AM, PM and Midday). The results of the SIDRA analysis show the driveway will operate with minimal delay, therefore can safely be accommodated. Commute conclude that the proposal for Stage 2 will not alter the access performance in anyway. They add that the number of traffic movements will be unchanged from that already approved by NZTA and sought in the current variation to the existing filling at 1331 SH16. Access Commute note that the majority of vehicles are expected to turn left in / right out. It is possible that trucks will turn right into the site. In this regard Austroads 4a section 4.8 has been reviewed with regard to the need (or otherwise) for a full right turn lane. With through volumes of approximately 500 vehicles per hour, Section 4.8 indicates up to 5 vehicles per hour could turn right before a right turn lane is required. The predicted volumes (as detailed in the assessment for No 1331) range between 98-104 vehicles per hour expected in the two critical commuter peaks (during midday peak the volume is 122 vph) with half of these (49-61vph) expected to be entry movements. The detailed surveys show that approximately 7% of trucks are travelling to / from the west, indicating that approximately 3-4 vph are likely to turn right into the site. Commute consider that this is considered to be slightly less than the volume requiring a dedicated right turn lane however is dependent on the 7% figure of vehicles originating from the west (which is based on data of all trucks previously using the clean-fill site and is this considered to be a robust assumption). Through previous discussion by the applicant with NZTA on No 1331 SH16, it was agreed that the number of truck movements be limited to 300 trucks (600 truck movements) per day until a full right turn bay is constructed at the access (then 400 trucks or 800 truck movements). Commute consider this limitation is still appropriate for the new site at No 1445 SH16. The entry point into the site has been reviewed since the Stage 1 managed fill was approved and Commute recommend some minor improvements to the existing access design as follows: • Provide more definition to the left turn and the chevron markings; • Added left turn arrows on left turn lane; • Added STOP control (back from existing location) and also added markings; and • Added a centre line on SH16 to make it more obvious to through vehicles not to cross the centreline Commute advise that these additional changes are not necessary for the safe operation of the access but will provide an improvement. The changes will be implemented over the course of the fill operation and in accordance with required NZTA approvals.
Figure 8 Access design upgrade The first 350m of the driveway leading to the fill site has been widened and sealed or concreted to a minimum width of 6m (two-way width). It is proposed to extend the concrete for a minimum of an additional 100m. The remainder of the access way will be a minimum of 3.5m wide with passing bays placed at appropriated distances (approximately every 100m) to allow safe passing with adequate sight distance between bays at a minimum. Sufficient space will be provided at the fill site itself for trucks to queue, manoeuvre, tip and turn around before traversing on the driveway to SH16. This area will be constructed for each stage of the filling. In terms of gradient, the initial section from the State Highway is relatively flat (less than 6%) but then at the fill area the access will turn right off the existing driveway and proceed up the new fill slope at a maximum gradient of 13%. This gradient is considered to be the upper end of the acceptable gradients for heavy vehicles however, in Commute’s opinion, it will be workable. Given that the access will be used only by trucks associated with the managed fill, they will get familiar with the steepness and can adapt to it. Commute conclude that the increase in truck volumes is not expected to alter the operation of this accessway or the surrounding road network. In conclusion Commute can support the proposal for the following reasons: • The proposal will not add any additional vehicle movements to the local road network but rather simply use the already consented movements (and access) associated with No 1331 SH16 clean-fill site; • No additional safety issues are expected to occur as a result of the proposal however additional minor improvements are recommended at the No 1331 access as detailed in the assessment; • The surrounding roads and the access intersection are both designed to accommodate trucks and have sufficient capacity to accommodate the already consented truck movements; and • The previous consent conditions for No 1331 SH16 relating to truck movements (including limitations until a right turn bay is constructed) are considered appropriate for Stage 2.
6.2.10.1 AMENITY/CHARACTER EFFECTS The Act defines “amenity values” as: “Those natural or physical qualities in and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes”. The character and amenity values of an area are influenced by those activities occurring, and those expected to occur based on what is provided for under the relevant planning documents. These effects have been discussed in the preceding sections on the permitted baseline and receiving environment. It is important to recognise that the level of amenity values within a rural area change over time as land uses change. It should also be acknowledged that any adverse effects on amenity values generated by a proposed managed fill are not permanent. Indeed, both the existing (Stage 1) approved managed fill and proposed Stage 2 fill will both be completed within 15 years (or less depending on demand). Perceptions of a rural environment differ between receptors. Some people see the rural environment as a place for outdoor industry (i.e. farming) while others see it as a pleasant and quiet open space environment. These different perceptions and expectations can create tension as to the appropriate level of amenity to provided or maintained. The Unitary Plan is clear that the Rural Production zone is primarily a working rural environment but also recognises amenity values of those who live within it. There are various elements that make up the rural character values in any rural area and the Unitary Plan provides some guidance as to what is to be expected in a rural environment with regard to rural character and amenity in Policies H19.2.4 which is set out below: H9.2.4. Policies – rural character, amenity and biodiversity values (1) Manage the effects of rural activities to achieve a character, scale, intensity and location that is in keeping with rural character, amenity and biodiversity values, including recognising the following characteristics: (a) a predominantly working rural environment; (b) fewer buildings of an urban scale, nature and design, other than residential buildings and buildings accessory to farming; and (c) a general absence of infrastructure which is of an urban type and scale. (2) Recognise the following are typical features of the Rural – Rural Production Zone, Rural – Mixed Rural Zone and Rural – Rural Coastal Zone and will generally not give rise to issues of reverse sensitivity in these zones: (a) the presence of large numbers of farmed animals and extensive areas of plant, vine or fruit crops, plantation forests and farm forests; (b) noise, odour, dust, traffic and visual effects associated with use of the land for farming, horticulture, forestry, mineral extraction and cleanfills; (…) (Emphasis added) As discussed above, managed fills are provided for in most rural zones, including the Rural Production zone, and given the urban intensification and growth targets in the Unitary Plan, it is concluded that managed fills are an expected activity in rural zones and therefore part of the expected rural character to be experienced in working rural areas.
6.2.10.2 DUST EFFECTS During periods of dry weather, potential dust sources are expected to be from the following sources: working of earth within the tipping area; tipping of earth from trucks; and trucks travelling along haul roads. If mobile, dust can have an adverse effect on the rural amenity values of people living on adjoining sites, whether engaged in rural production or not. To address this potential adverse effect, the applicant has prepared a Dust Management Plan (see Attachment 8) to avoid or manage dust effects and these measures comprise the following: Suitable haul road surfaces. The first 400m of the accessway is concreted to a width of at least 6m. This is proposed to be extended an additional 100m as a part of this stage. The remaining length of the haul roads is to have a suitable surface such as millings or suitable aggregates to minimise the creation of dust. Keeping the haul roads clean. Wet suppression of haul roads during dry and windy periods. The rate of water application would be approximately 1 litre per square metre per hour, applied by watercart. This would only be necessary on the non-concreted upper part of the access road during dry conditions. If wet suppression is not successful, consideration will be given to adding chemical additives to the road surface to better seal haul roads. Limitation of vehicle speeds within the site to the slowest practicable speed, not exceeding 15km/h if dust generation is an occurring. If dust is generated from loads themselves, consideration should be made of using covers (in the vast majority of cases the fill arriving is wet). If dust is generated from stockpiles, these will be immediately stabilised or covered. Travel distances within the site should be minimised as much as possible. Wheel washes will be used if moderate dust generation from haul roads is apparent. It is considered that these measures are sufficient to ensure that potential dust effects do not adversely affect adjoining sites. Accordingly, any adverse dust effects will be no more than minor. 6.2.10.3 NOISE EFFECTS A noise assessment for the proposed managed fill has been undertaken by Styles Group and a copy of this assessment is annexed as Attachment 12. In this assessment Styles Group has analysed the proposed increase in truck movements along the shred driveway from 200 return trips (400 movements) to 400 return trips (800 movements) to local receptors being 1315 SH16, 1343 SH16 and 72 Lyons Road. The report concludes that an increase in truck noise of 3 dB is expected due to the doubling of truck movements. Based on measured noise levels, the report concludes the increase in noise is expected to be well below the relevant noise limit of 55 dB Leq at all residential receivers. The highest predicted noise level is 47dB Leq. With regard to noise at the filling areas (including the tipping heads), the Styles Group assessment has used computer noise models of the receiving environment to demonstrate the noise levels arising from the following scenarios: 1) All plant operating in the fill area to the east of the new section of access road; 2) All plant operating at the north-eastern corner of the site; and 3) All plant operating at the south-eastern area of the main fill site. All noise models are based on continuous operation of all items of plant over the working day and the maximum number of truck movements that is sought (800 movements per day), with all trucks travelling to the proposed Stage 2 filling area. The results of the noise modelling on all adjoining sites are shown in Table to the Style Group noise assessment and are set out below.
The predicted noise levels show that compliance with the relevant 55dB Leq noise limit in Chapter E25 of the Unitary Plan is achieved by a considerable margin at all receivers where there is no written approval. In conjunction with Styles Group the applicant has adopted a number of noise mitigation measures to minimise operational noise effects and these include: 1) The bunds that have already been constructed alongside the main access road; 2) The paving of the primary access road; 3) The construction of a 3m high earth bund on the northeastern side of the Stage 2 filling area as show in the noise level predictions in Appendix 2; 4) A recommendation that if any of the plant normally operating at the fill site are fitted with tonal reverse alarms, these should be replaced with broadband alarms; and 5) The limitation of hours to only between 7am and 6pm weekdays, 7.30am to 1pm on Saturdays and with no work on Sundays or Public Holidays. This represents a total of 71.5 hours out of the 99 hours per week when the 55dB Leq noise limit applies, and with no noise at night or on Public Holidays. Styles Group have concluded that with the noise mitigation measures proposed the adverse effects on the neighbouring residents will be significantly less than what is permitted by the relevant noise controls in Chapter E25 of the Unitary Plan. For most receivers the noise levels will be less than half as loud (subjectively) compared to what is permitted by the Unitary Plan. The Styles Group report states that notwithstanding compliance with noise standards in the Unitary Plan, noise from filling and trucks on the haul road will be audible at times from some of the neighbouring properties – particularly those that are further away from the traffic noise on SH16. The noise report also notes that during periods of calm weather or when there is a mild temperature inversion some properties may detect noise from filling and trucks on the site that is clearly audible above other sounds, but at a level that is significantly less than what is permitted in this working rural environment. The assessment adds that houses near to SH16, the noise from the site might be audible, but would not be the controlling noise source in the environment and would likely be “impossible to measure accurately above the traffic noise”. Overall, the Styles Group noise assessment concludes that the noise levels from the filling activities and trucks on the access/haul road will be significantly less than relevant noise standards in Chapter E25 of the Unitary Plan, and when taking the daytime permitted noise limit of 55dB Leq as being reasonable in terms of s16 of the Act, the noise from the proposal will be wholly acceptable. On the basis of this assessment and recommended mitigation measures adopted by the applicant, it is considered that any adverse noise effects will be less than minor.
6.2.10.4 LANDSCAPE AND VISUAL EFFECTS A landscape and visual assessment has been undertaken by LA4 and a copy of this assessment is annexed as Attachment 13. Rural Landscape The LA4 assessment provides a detailed description of the surrounding rural landscape. In summary the assessment identifies that key features contributing to the aesthetic value of the landscape are the open areas of river flats and floodplains and the areas of surrounding hill country that have consistent vegetation types and a relatively high proportion of improved pasture. The LA4 assessment considers that the landscape quality is relatively low in parts, as a result of rank pasture, noxious weed infestations, areas of recently felled forest, and varied housing and rural building condition. The assessment also notes that the landscape has a low to moderate level of natural character. While vegetation and open pasture predominate, there is little remaining native vegetation and modification of the landform (in terms of drainage of wetlands and floodplains) is obvious. With regard to development within rural environment, the LA4 assessment states that the density of dwellings and farm buildings is moderately high for a rural production area, as a result of rural settlements and rural lifestyle development along the state highway. Added to this, the LA4 assessment notes that the high volume of traffic on SH16, particularly the heavy vehicles, detracts from the rural quality of the landscape and from the level of rural amenity experienced by residents. The assessment concludes that the overall landscape character of the wider surrounding area is that of a working rural production area with a low to moderate level of naturalness and landscape quality. Landscape Effects The LA4 assessment undertaken a landscape effects assessment using accepted assessment methodology. As a general conclusion the assessment concludes that the high degree of modification within the site and surrounding landscape will result the managed fill having a negligible effect on existing landscape character. This conclusion is a result of the removal of natural cover, farming activities, a relative abundance of exotic tree species, as well as the dwellings and other structures associated with the rural environment. In this regard, the key findings of the LA4 assessment on landscape effects are: i) It will not constitute significant change to the existing landscape character or quality as the project, on completion, will be consistent with the established character, including land use patterning and landscape character. ii) Any potential landscape effects will be localised due to the type and scale of change and existing landform and vegetation patterns. iii) The project will not impact on any key landscape features nor alter the distinctive patterns found within the surrounding landscape. iv) Following completion of the earthworks and reinstatement of the pasture, the finished landform will fit well into the surrounding landscape and improve the existing degraded amenity values of the gully. Visual Effects The LA4 visual assessment adopts accepted methodology and is designed to assess whether or not the proposal would have adverse visual effects on the nature and quality of the surrounding environment. The process of analysing such effects used in the assessment involved: • Identification of the physical area or catchment from which the proposal would be visible; • Identification of the different viewing audiences that would be affected by the proposal; and • Evaluations of the visual amenity effects taking into account the preceding analysis. Viewing Audience The LA4 assessment identifies the primary visual catchment as being the land to the north and northeast of the site including the rural lifestyle properties and the state highway. The assessment stats that views from the main access road to Woodhill Forest, Restall Road are largely screened due to the vegetation patterns and dwellings in the rural lifestyle properties on the southern side of the road. Pulpit Rock Road to the north of the site is a private access road. From south of the managed fill site the LA4 assessment notes that more distant views will be gained from the Te Tao U O Reweti Trust land albeit distant and partially screened by vegetation within the property. Views towards the haul road will be gained from the surrounding area to the southeast accessed off McPike and Lyon Roads. Again the LA4 assessment states that from these locations the views will be variable due to the vegetation patterns. The viewing audience identified in the LA4 assessment that will be exposed to the managed fill (to varying degrees) will therefore comprise: i) Residents/workers on the properties immediately to the north on the western side of SH16; ii) Residents/workers on the rural properties to the northeast on the eastern side of SH16; iii) Residents within the Te Tao U O Reweti Trust land; iv) Residents within the properties to the southeast (views of haul road only); v) Motorists traveling along in a southeasterly direction along State Highway 16; and v) Motorists traveling along parts of Restall Road. The assessment has chosen five representative viewpoints and these shown in panorama form in the A3 drawings annexed to the visual assessment. A summary of the assessment of visual effects from these viewpoints are Viewpoint 1: Pulpit Rock Road In visual and physical terms, the proposed managed fill will form a more consistent and gently sloping profile within the gully. The visual contrast between the exposed fill and surrounding pastoral and vegetated landscape will visually highlight the presence of the managed fill. During the construction stages, the fill material will appear more prominent in its surroundings due to the colour and texture of the fill contrasting with the vegetated and pastoral surroundings. These visual effects will be mitigated through the existing southern backdrop ridge being retained with the filling activities occurring in front of it. This will ensure that the skyline ridge retains its visual integrity. The western spur provides a partial level of screening to the fill site and the proposed planted bund to the east and northeast will afford a greater level of screening. Viewpoint 2: SH16/Restall Road This landscape has a rather unkempt appearance from here and is a distinct rural working landscape with low visual amenity values. The high volume of traffic on State Highway 16, particularly the heavy vehicles, detracts from the rural quality of the landscape and from the level of rural amenity. From this viewpoint the anticipated level of audience exposure would be brief due to the volume of traffic and speed of the vehicles traveling at 100kph. The viewing distance to the site is from approximately 800m. The western spur will assist in partial screening southwestern parts of the fill and the proposed 3m high bund on the eastern spur is to be planted with fast growing upright poplar species (Populus kawa). This will provide a greater level of screening and reinforce the existing rather diverse vegetation patterns within the surrounding rural landscape. These visual effects will be mitigated through the retention of the existing southern backdrop ridge which will ensure that the filling activities occur in front of it. This will ensure that the skyline ridge retains its visual integrity. The western spur provides a partial level of screening to the fill site and the proposed planted bund to the east and northeast will afford a greater level of screening. Viewpoint 3: 1435 State Highway 16 & Viewpoint 4: 1371 State Highway 16 The landscape quality is relatively low, as a result of the rank pasture, noxious weed infestations and varied housing and rural building conditions on the river flats. The landscape has a low to moderate level of natural character. While vegetation and open pasture predominate, there is little remaining native vegetation and modification of the landform including the drainage channel patterning. This landscape is typically that of a working rural environment with the undulating grazed slopes and river flats, vegetation within the gully slopes, remnant pine, macrocarpa and gum stands, poplars and willows, post and wire fences and dwellings and shed associated with the rural settlement pattern. From this viewpoint the anticipated level of audience exposure would be high due to the volume of traffic and speed of the vehicles. The viewing distance to the site is from approximately 500m away. From this location, the views are wide and across the surrounding landscape on either side of the highway. The site is peripheral to the view as the driver navigates the upcoming corners in the road. During operation, views of exposed areas of land and the operation of machinery will appear visible within the site from a distance. During the construction stages, the disturbed land will appear more prominent due to the colour and texture contrasting with the vegetated and pastoral surroundings. The site is to be reinstated incrementally with pasture as the filling progresses and at the completion of the filling activity to ensure that the potential for visual effects is reduced. From these north-easterly directions, the eastern spur provides a level of mitigation screening towards parts of the site. The proposed bund along the spur will provide a greater level of mitigation screening in combination with the poplar planting. The southern and western backdrop ridges are to be retained with the filling activities occurring in front of them. This will ensure that the skyline ridge retains its visual integrity. On completion, the finished landform will be flatter and rolling with less complex topography than the existing gully, however this change will include the reinstatement of pastoral use and appear sympathetic with that of the surrounding hills. Viewpoint 5: View from the site ridge looking south Views towards the managed fill from areas to the south will be screened by the ridgeline, however the haul road extend up this slope and associated truck movements will be visible to varying degrees from a distance. The access road is to be cut down into the slope that will provide a level of screening towards the vehicle movements. As illustrated, the land to the southeast is extensively vegetated which will assist in screening the truck movements from large parts of this area. While truck movements associated with the proposed managed fill would be partially visible to varying degrees dependant on viewer location, the trucks would make up a very small part of the visible landscape and are unlikely to detract from the rural character or quality of views to any great extent. Visual Effects Conclusion The conclusions of the visual effects assessment are that it will still retain a distinctive rural character both during and on completion of the project. The LA4 assessment also concludes that managed fills in principle are an expected element within a working rural environment and that this environment can accommodate it without any significant reduction in rural character or amenity values. The assessment concludes that the most noticeable change will be resultant from the earthworks associated with the managed fill operation itself. The assessment acknowledges that there will be noticeable visual effects during the filling activities due to the exposed nature of the earthworks which will be visible from parts of the surrounding area. However, while there will be obvious changes associated with the earth working activities for the managed fill, the LA4 assessment concludes that the works will not appear out of place within the context of the surrounding working and productive rural area which is now recognised as an appropriate environment to receive managed fill material. Overall, it is considered that the landscape and visual effects of the proposed managed fill, while being noticeable from a number of locations, these effects will be limited or transient in scope or duration or from an acceptable distance whereby views are absorbed into the wider working rural landscape. From the assessment undertaken by LA4 it is therefore concluded that any adverse effects from and landscape or visual perspective will be less than minor, subject to the mitigation measures proposed and that the proposed managed fill will be wholly appropriate within its receiving rural environment. 6.2.11 CULTURAL AND HERITAGE EFFECTS
6.2.11.1 ARCHAEOLOGICAL EFFECTS An Archaeological Assessment of Effects has been prepared by Time Depth Enterprises and is annexed as Attachment 14. The assessment has identified three listed archaeological sites within the general vicinity of the proposed activity as follows:
Site No. Site Type Metric Grid Co-ordinates Comments Recorder & Date Q10/67 Pits E1728850/N5930845 Recorded in 1975 as Best 1975 destroyed Q10/68 Pit & terrace E1728150/N5930940 To west not affected Best 1975 Q10/71 Pit E1728525/N5931145* On north edge of gully to be Best 1975 avoided
The only site that is still in existence and within close proximity to the managed fill site and haul road is Q10/71 which is recorded as a pit. The archaeological assessment has considered this site against the relevant significance criteria in the Unitary Plan and determined its significance to be “Moderate”. The only site recorded in the Unitary plan is Q10/68. A new archaeological assessment as part of the investigations for the proposed managed fill was undertaken and it was found that the location of site Q10/71, while initially located within the proposed fill area, is in fact outside the area of works but close enough to warrant protection from works nearby. The recorded attributes of Site Q10/71 are that it is a well-defined 4m x 2m x 350mm deep pit that can be seen at the distil end of an east – west aligned spur on the high on the gully edge. The size of the pit indicates it had the potential to store a significant volume of crops. The values of the sites have been recorded in the assessment as being:
Site Value Assessment Pits/terraces/platforms Condition Good, some stock damage Rarity/uniqueness Common within area Contextual value Site has contextual value as a component of pre-1900 Maori occupation Information potential Potential for archaeological investigation and analysis to recover information but not directly impacted Amenity value Pastoral farm so access difficult & little amenity value Cultural association Pre-1900 Maori
The assessment states that no recorded archaeological sites are directly affected by ground disturbance associated with the proposed rural residential subdivision of the property and it is not necessary to seek and obtain an Authority to modify or destroy archaeological sites from HNZPT at present. However, the assessment notes that the development is located within a landscape in which numerous archaeological sites are recorded and that archaeological survey techniques cannot provide evidence for the absence of sub-surface archaeological features or deposits. Therefore, while considered unlikely, if undetected archaeological features/evidence are encountered during earthworks associated with the project the Accidental Discovery protocol below should be followed. The applicant accepts this possibility and agrees to adopt such a protocol and have it included as a condition of consent. In addition to this, the archaeological assessment recommends that that prior to the commencement of earthworks a temporary fence is erected around the site with a minimum 10m buffer to prevent accidental damage to the pit and its physical context. In addition, all contractors associated with the project should be alerted to the sites location, status and their responsibilities under the HNZPT Act (2014). The applicant also accepts this recommendation as part of the application and would also accept a condition to this effect. The archaeology assessment makes five conclusions/recommendations for the avoidance or mitigation of archaeological values and these are: • That a Heritage NZ Pouhere Taonga authority to modify or destroy an archaeological site is not required in order to carry out earthworks and ground disturbance associated with the proposed managed fill site at 1331 State Highway 16, Woodhill. • That prior to the commencement of earthworks all contractors should be briefed regarding their responsibilities regarding the archaeological resources of the property. • That if subsurface archaeological features are exposed during earthworks, work should cease in the vicinity and the Accidental Discovery protocol above should be followed. • That if koiwi (human remains) should be exposed during development, work should cease in the immediate vicinity and the tangata whenua and Historic Places Trust should be contacted so that appropriate arrangements can be made. • That since archaeological survey cannot always detect wahi tapu and sites of traditional significance to Maori, the tangata whenua should be consulted regarding the Maori values of this area and the recommendations in this report. As discussed above the applicant accepts these recommendations and adopts them as part of the proposal. On this basis it is concluded that archaeological effects will be less than minor.
6.2.11.2 MAORI CULTURAL EFFECTS As discussed above, any Maori cultural effects relating to archaeological resources have been satisfactorily addressed through the above assessment and adopted recommendations regarding the protection of Site Q10/71. Site Q10/68 will not be affected by the proposal. The applicant has also undertaken direct consultation with Reweti Marae o Te Taou (Reweti Marae) and with the Nga Maunga Whakahii o Kaipara Development Trust (the Trust). It is acknowledged that the Trust is the legal entity that governs the operations and management of Ngati Whatua o Kaipara and that Reweti Marae are the local hapu with specific association with the proposed managed fill location. The Trust has undertaken a cultural values assessment (prepared by Shona Oliver - Pouwhakahaere Te Tari Taiao) in response to the proposal which included a site visit with the applicant and working copies of the archaeological and ecological assessments. This report identified the following central issue of concern: We acknowledge the Ecological Reports, waterway and fauna reports and the mitigation proposed. The impact of changes to the landscape, the objection of whanau regarding truck traffic, incoming material and concerns regarding the water catchment which ultimately converge in the Kaipara River all impact the Mauri of the area. In this regard, the proximity to Pa site – Site Q10-64 is over 450m away from the fill area and will not be affected or even seen from the fill area. Water quality issues have been assessed in sediment, ecology and erosion contamination assessments, water quality and the traffic issues have been addressed by Commute in their traffic assessment. While the applicant acknowledges the cultural issues raised by the Trust, the cultural values assessment does not identify any other matters related to the identified impacts on the cultural landscape and mauri of the area. Following the CVA the applicant held a hui with the Trust to provide further detail regarding the proposal, to address the cultural and environmental issues raised by the Trust, and to discuss any other matters of concern to the wider community. At that hui specific issues were raised about geotechnical matters, water quality, traffic effects, protection of archaeological sites, protection of waterways and contamination issues. It is considered that the issues raised by the Trust in relation to adverse effects on the mauri of the area and the wider cultural landscape have been acknowledged by the applicant and addressed through the assessment that accompanies this assessment of effects. It is noted that the applicant has also addressed all other specific environmental concerns raised through consultation and direct engagement including the hui. Direct consultation with the Trust is ongoing. A copy of the consultation communication with various iwi groups is annexed as Attachment 15 and a copy of the Cultural Values Assessment is annexed as Attachment 16.
6.2.11.3 CUMULATIVE EFFECTS A cumulative effect is included in the meaning of “effect” in section 3 of the RMA and it is defined as: “any cumulative effect which arises over time or in combination with other effects” In this regard, the cumulative adverse effects of this proposal can be either an accumulation of different adverse effects that may, on their own, be minor but when considered in combination can be more than minor, or it can be the accumulation of the same or similar effect over time, which when considered on its own may be considered minor, but in combination with existing effects are more than minor. In this case, the individual effects of the proposal have been assessed as being less then minor. This conclusion also applies in a cumulative sense as these effects in combination are also less than minor. In particular, there is no existing adverse effect that is being exacerbated or worsened by the proposal and this includes effects on the receiving environment from earthworks, traffic movements, noise and visual effects from filling activity.
6.2.11.4 ENVIRONMENTAL EFFECTS SUMMARY The above assessment has identified the relevant effects associated with the proposal in terms of physical, traffic, amenity and cultural/heritage effects and these have been all assessed in specialist expert reports on each relevant environmental matter. Where necessary additional mitigation measures are proposed and these have been adopted by the applicant as part of the proposal and, where necessary, they would be accepted as conditions of consent should consent be granted. Based on the assessments undertaken, including proposed mitigation measures, and the favourable locational characteristics of the site (including the location on a State Highway, use of existing accessway for a managed fill, separation from neighbouring sites), the minimisation of landscape and visual effects, the minimisation of ecological effects coupled with the ability to provide offset ecological mitigation within the wider catchment, results in a proposal that is well suited to its location within a working and modified rural environment. Overall, it is concluded that adverse environmental effects will be less than minor. In terms of positive effects, these will also occur through the provision of much need managed fill close to Auckland to meet the filling demand associated with urban intensification on a road network that can sustain high numbers of truck movements. The progressive return of the managed fill tipping area to pasture with an even and gentle contour will maintain rural character as well as provide enhanced opportunity for farming activity.
6.3 RELEVANT PROVISIONS OF PLANNING INSTRUMENTS – S104(1)(B)
6.3.1 NATIONAL ENVIRONMENTAL STANDARDS There are three national environmental standards (NESs) that relate to development activity. Assessing and Managing Contaminants in Soil to Protect Human Health The purpose of this NES is to control use of land for residential or other sensitive activities on contaminated land. It is therefore considered that the proposal meets the permitted activity requirements of section 8(4) of this NES is to impose a nationally consistent set of planning controls and soil contaminant values. It ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed - and if necessary the land is remediated or the contaminants contained to make the land safe for human use. In this case, the managed fill will have a rigorous programme of acceptance criteria, monitoring and response measures to ensure that acceptable low levels of contaminant are deposited onto the site. The finished land use will for agricultural and pastoral activity which is permitted by the NES Sources of Human Drinking Water Standard The NES for Sources of Human Drinking Water Standard is not considered relevant as the site is not within a catchment which has a registered drinking water supply. Notwithstanding this water quality will be monitored throughout the filling process to ensure that expected downstream water quality levels are maintained. Air Quality Standard The NES for Air Quality Standard is not considered relevant because the bulk of the earthworks associated with managed fill (including the unsealed section of haul road) will be subject to accepted best practice with regard to dust control (including a dust management plan) and the applicant accepts reasonable consent conditions relating to dust management during the earthworks phase of land development works.
6.3.2 NATIONAL POLICY STATEMENTS
6.3.2.1 NATIONAL POLICY ON URBAN DEVELOPMENT CAPACITY 2016 National policy statements are issued by the government to provide direction to local government about matters of national significance which contribute to meeting the purpose of the Resource Management Act 1991. The National Policy Statement on Urban Development Capacity 2016 is about recognizing the national significance of: urban environments and the need to enable such environments to develop and change; and providing sufficient development capacity to meet the needs of people and communities and future generations in urban environments. The national policy statement directs local authorities to provide sufficient development capacity in their resource management plans for housing and business growth to meet demand. Development capacity refers to the amount of development allowed by zoning and regulations in plans that is supported by infrastructure. This development can be “outwards” (on greenfield sites) and/or “upwards” (by intensifying existing urban environments). Sufficient development capacity is necessary for urban land and development markets to function efficiently in order to meet community needs. In well-functioning markets, the supply of land, housing and business space matches demand at efficient (more affordable) prices. The Unitary Plan has planned for and mandated urban intensification and urban growth through its regional policy provisions and enabling urban development and land use policies and provisions. Managed fills in appropriate locations are a necessary by product of achieving that outcome. In this regard the application is consistent with this achieving the outcomes of this national policy statement.
6.3.2.2 NEW ZEALAND COASTAL POLICY STATEMENT 2010 The purpose of the New Zealand Coastal Policy Statement (NZCPS) is to state policies in order to achieve the purpose of the Resource Management Act in relation to the coastal environment of New Zealand. The NZCPS 2010 took effect on 3 December 2010 when the NZCPS 1994 was revoked. The site is within the wider Kaipara Harbour catchment streams linked to the application site drain to the Kaipara River which ultimately flow into the Kaipara Harbour. The proposed managed fill will not affect any identified coastal feature, landscape coastal process and it will have no adverse affect on any coastal natural character values or processes.
6.3.3 UNITARY PLAN
6.3.3.1 REGIONAL POLICY STATEMENT The Unitary Plan contains a regional policy statement (RPS) which is structured around issues of regional significance for resource management in Auckland. Each issue links to outcomes, priorities and strategic direction in the Auckland Plan and contain individual objectives and policies. The issues are as follows: Enabling quality urban growth Enabling infrastructure, transport and energy Protecting natural heritage Protecting our historic heritage and special character Assessing issues of significance to Mana Whenua Sustainably managing our natural resources Sustainably managing our coastal environment Sustainably managing our rural environment Responding to climate change As discussed in Section 4.1, managed fills are a necessary and important component of urban growth and intensification and the proposal is therefore consistent with Issue B2.1, Objective B2.2 and Policy B2.2.2 of the RPS. Managed fills provide essential support to the urban growth and intensification process and should therefore be seen as infrastructure of regional significance in that regard. The infrastructure section of the RPS recognises in Objective B3.2.1 that infrastructure enables growth and economic wellbeing in the region. In that regard managed fills are often required as part of large infrastructure projects such as the City Rail Link, the Puhoi to Warkworth Motorway project and other public funded large infrastructure projects in the Auckland Region. With regard to the other matters in the RPS, the various specialist assessments have demonstrated adverse effects on natural heritage (i.e. landscapes), identified historic heritage (i.e. archaeological site), effects on natural resources (i.e. streams and wetlands), the coastal environment and on rural character have been identified assessed and found to be less than minor subject to proposed mitigation offered as part of the proposal. It is therefore concluded that this proposal for a managed fill is consistent with and gives effect to the RPS.
6.3.3.2 AUCKLAND WIDE PROVISIONS The relevant provisions of Unitary Plan including objectives, policies and any assessment criteria (for controlled and restricted discretionary activities) is annexed as (Attachment 17) and unless specifically relevant these have not been repeated here. An assessment of these provisions is set out below: E1 Water quality and integrated management Chapter E1 contains objectives and policies related to the integrated management of water quality. The overarching objectives in E1.2 seek to maintain water and sediment quality, the improvement of “mauri” of freshwater and cultural uses by mana whenua and the management of public networks. With regard to stormwater discharges in a rural environment the relevant policies in E 1.3 refer to minimising contaminant discharges in to sensitive receiving environments, maintaining water hydrology and avoiding significant increases in peak flows. In this case the Envelope Engineering assessment has shown that while an existing overland flow path will be redirected as a result of filling operations, it will be appropriately directed into another existing overland flow catchment which directly link to the existing catchment immediately downstream of the site. The proposal has also adopted best practice for the management of sediment discharge both during the filling operation and for the construction phase and the sediment load calculation shows that the downstream sediment loads will be similar to the pre-fill situation and improved following the closure of the fill once completed. On this basis it is concluded that the proposal will be consistent with the objectives and policies of Chapter E1. E3 Lakes, rivers, streams and wetlands Chapter E3 relates to the management of rivers, streams and wetlands. As all streams being reclaimed are artificial watercourses (and not protected) the provisions that relate to wetlands are relevant. The objectives (E3.2) seek that wetlands be restored, maintained or enhanced with offset mitigation being offset where effects cannot be avoided remedied or mitigated. Objective E3.2(6) specifically refers to reclamation of wetlands and states: (6) Reclamation and drainage of the bed of a lake, river, stream and wetland is avoided, unless there is no practicable alternative. In this case, the reclamation of the wetland is not reasonably unavoidable as filling within the identified basin is the best location on the site to receive the fill in terms of land stability, mitigating visual, access, noise and landscape effects. It is also considered that filling is more appropriate in degraded wetland environments than those with higher values. Furthermore, it has been identified that avoiding watercourses for managed fills is difficult given that gullies and basins are the best location for these activities. The applicant has taken care to ensure that streams and other watercourses are not affected and the wetland to be filled is in a degraded state and has low ecological values. Policy E3.3(4) specifically enables restoration and enhancement actions through offsetting and these have been specifically addressed in the ecological report. In particular, a site has been chosen 22km away which has a similarly degraded wetland and this will be restored and enhanced by a factor that this greater than 19% even after the offset rations of 1:2 an 1:3 are applied. As discussed in the ecology section of this AEE, off-set mitigation on the same or adjoining site was explored but was ultimately not available. On this basis it is considered that the proposed wetland reclamation is consistent with relevant objectives and policies in Chapter E3. E8 Stormwater - Discharge and diversion Chapter E8 relates to stormwater management and the relevant objectives and policies refer back to Chapter E1 which has already been assessed above. Specific assessment criteria are listed in E8.8.2 refer to policies in E1 as well with particular reference to integrated management. In this case the applicant has taken care to ensure that the overland flow path to be modified by the proposal will be redirected back into the same catchment in a manner that does not significantly exacerbate flooding or peak flows. Accordingly, the hydrology of the stormwater catchment and adjoining stream system will be maintained in an integrated manner. On this basis, the proposal is consistent with the objectives, policies and criteria of chapter E8. E11 Land disturbance – Regional The regional level earthworks provisions in Chapter E11 are focussed mainly on sediment and erosion control effects as well as recognising and protecting tikanga Maori values. Policies and assessment criteria also focus on sediment and erosion control, maintaining water quality and protection of any significant ecological values. In this case, the sediment and erosion assessment has demonstrated that best practice will be adopted to ensure that sediment and erosion effects will be minimised and kept the same or similar levels as the pre-filling situation. On this basis the objectives, policies and assessment of Chapter E 11 will be met. E12 Land disturbance – District The district level earthworks provisions in Chapter 12 are focussed more on amenity matters and effects on people including mana whenua. The range of effects to be considered are set out in the Policies of E12.3 and these include noise effects, vibration, odour dust and traffic related effects. Taking appropriate care and action if accidental archaeological resources are uncovered is also of relevance. In this case, the managed fill, by its nature is an earthworks activity and the fill design has been confined to the proposed basin area so that a natural finished contour will be presented upon completion. The only other areas of earthworks proposed are associated with the haul road and associated overburden disposal area alongside it. These areas will be visual contained within the site and the operator will adopt best practice measures to control dust and odour effects and construction noise levels in the Unitary Plan will be easily met. The applicant has also, through its archaeological assessment adopted an accidental discovery protocol which can be imposed as conditions of consent. On this basis it is concluded that the proposal will be consistent with the relevant objectives, policies and assessment criteria for Chapter E12. E13 Cleanfills, managed fills and landfills Chapter E13 relates to the design and management of cleanfills and managed fills. The objectives of E13.2 seek that these are sited, designed and operated so that adverse effects on the environment, are avoided, remedied or mitigated and that human health is protected from the adverse effects of operational or closed cleanfills or managed fills. The Policies in E13.3 endeavour to ensure that effects on water bodies is avoided, remedied or mitigated and that fills are stable and operated in accordance with best industry practice. The assessment criteria in E13.8.2 refer to site management planning and practice, the appropriate treatment and management of discharges and acceptance criteria. In this case, the managed fill site has been chosen relative to its proximity to Auckland, access from a state highway (to avoid effects on local roads and rural amenity) and is located within an existing basin where its visual effects and noise effects are managed within acceptable amenity levels for a working rural environment. The managed fill will be subject to a fill management plan which follows best industry practice. Associated with this are acceptance criteria and a management plan to control the contaminant levels accepted and respond appropriately when these are breached. The proposal includes a range of stormwater cut-off drains to manage inflow into the fill areas and a sediment retention pond is proposed at the toe of the fill to control sediment and any low levels of contaminant prior to discharge into the existing downstream environment. Sediment load volumes have been calculated and these have been determined to be the same or similar to the existing pastoral environment during the operation of the managed fill and these will be significantly reduced once the fill is completed. On this basis it is concluded that the proposal will be consistent with the objectives and policies in Chapter E13. E15 Vegetation management and biodiversity Chapter E15 sets the objectives, policies and assessment criteria relating to vegetation management. In this case some terrestrial vegetation will be removed within the riparian margins of the wetland. The objectives and policies seek to preserve significant ecological values and functions of riparian planting and the provisions require consideration of the ecological impact, soil conservation, hydrology and overall catchment management. Consideration of landscape amenity values is also important. The provisions also refer to mitigation planting where removal of vegetation is unavoidable. In this case, the removal of the vegetation is necessary to undertake the proposed filling on the site. None of the vegetation is significant or sufficient in area to be protected as an SEA and the loss of the terrestrial vegetation has been factored into the off-set planting proposed at recipient site for wetland enhancement. This will also include significant areas of wetland and other riparian planting. Overall, the proposal is be consistent with the relevant objective and policies of the Chapter E15. E27 Transportation Chapter E27 sets out the objectives, policies and assessment related to transport matters. The objectives seek an integrated transport network that provides safe, efficient access and movement for all modes of transport. Policies of relevance to this application refer to the management of adverse effects resulting from vehicle access onto major roads as well as managing onsite parking and loading effects. In this case the proposed managed fill uses an existing 6m wide concrete access from SH16 which NZTA has approved to increase return movements to 300 (600 movements) per day and up to 400 (800) subject to a right turn being constructed. Other minor improvements to the existing access are also proposed. On this basis the movement of trucks to and from the site will be safe and efficient. The fact that the managed fill is on a state highway means that there is no issue with pavement deterioration due to heavy truck volumes and the high number of trucks will not affect exiting rural amenity values as existing state highway already carries high numbers of commuter and commercial traffic including number numbers and types of heavy vehicles. Accordingly, it is considered that the proposal is consistent with the relevant objectives, policies and assessment criteria for Chapter E27. E36 Natural Hazards and Flooding Chapter E36 sets out the relevant objectives and policies and assessment criteria for natural hazards. In this case the proposed managed fill will create bunds within the 1 per cent annual exceedance probability (AEP) floodplain. These being “structures” trigger the assessment of these within the flood plain. In this case, however, the proposed bunds and other associated earth structures are part of an integrated stormwater and sediment management system for the managed fill and none of these “structures” are intended for habitable occupation or other use than for that stormwater/sediment control purpose. Accordingly, it is considered that this aspect of the proposal is consistent with the relevant objectives and policies of the Chapter E36.
6.3.3.3 RURAL PRODUCTION ZONE H19 Rural Zones Chapter H19 sets out all the general objectives and policies for rural zones as well as the specific objectives and policies for the Rural Production zone. The general objectives recognise rural areas primarily as a place for production (including elite soils) while also recognising that it contains some important natural heritage features and values and is also a place where people live as well as work. The policies recognise the issue of reverse sensitivity and the need to manage potentially incompatible activities. Rural character and amenity value are recognised and set out in Policy H19.2.4 and these specifically refer to the effects on mineral extraction forestry, horticulture and cleanfills as being part of rural character. With regard to managed fills Policy H19.2.6(4) is particularly relevant: (4) Restrict cleanfills and managed fills in the Rural – Rural Conservation Zone and Rural – Countryside Living Zone. Where cleanfills are established in other rural zones: (a) they should not adversely affect or inhibit the use of surrounding land for productive purposes or for carrying out any permitted, restricted discretionary or discretionary activity; and (b) their completed state should be in keeping with the appearance, form and location of existing rural character and amenity values. The objectives for the Rural Production zone in H19.3 are: (1) A range of rural production, rural industries, and rural commercial activities take place in the zone. (2) The productive capability of the land is maintained and protected from inappropriate subdivision, use and development. The policies to achieve this objective provide for a range of rural production activities and the expectation of the effects from these activities. As set out in the amenity effects assessment of this AEE the proposed managed fill is well suited to the rural production zone as its effects can be managed in accordance with existing and expected levels of rural character and amenity. Managed fills now an expected part of the working rural environment, especially on major road networks within close proximity to metropolitan Auckland. The site is large in area and the adverse effects can be either internalised or mitigated to an acceptable level. Once the managed fill is completed the land will be rehabilitated and will revert to pasture, albeit at a better and more productive contour. There are no adverse effects generated by the proposed managed fill operation that would adversely affect or inhibit the use of surrounding land for productive purposes. Nor will it adversely affect or inhibit the use of surrounding land for carrying out any permitted, restricted discretionary or discretionary activity. Overall, it is concluded that the proposal is consistent with all relevant objectives and policies of the Rural zones chapter and the Rural Production zone in particular.
7 OTHER MATTERS – S104(1)(C)
Section 104(1)(c) allows the consideration of any other matter the consent authority considers relevant and reasonably necessary to determine the application. Under section 104(1)(c) it is relevant to consider the whether the granting a non-complying activity consent will create an adverse precedent that would lead the underlining of public confidence in the planning instrument. This can be particularly relevant when the planning instrument is a relatively new document. It is understood that an adverse precedent is when the grant of a consent has an influence on the consideration of subsequent applications for the same or similar activities. In this sense a precedent operates on the presumption that like cases would be treated alike. In this case, the proposal is a non-complying activity by virtue of an existing degraded wetland being reclaimed by the proposed filling activity. As discussed in the foregoing assessment, managed fills have functional and operational need to be located in rural areas and the best locations on rural land to accept fill are within existing gullies and basins. In this regard, reclamation of streams and wetland areas is often unavoidable. While this is a non-complying activity, the Unitary Plan set out measures through off-set mitigation so that the irreversible effects of wetland reclamation can be compensated. In this regard the loss of the degraded wetland due to filling activity will be more than adequately offset by mitigation planting on a recipient site north of the application on a like for like basis and 19% greater than that minimum area calculated for offsetting. As the proposal has been faithful to the principles of ecological offsetting no adverse precedent will occur notwithstanding the non-complying activity status of the proposal.
8 RESOURCE MANAGEMENT ACT 1991
8.1 PART 2
Section 104 which requires us to, subject to Part 2, have regard to–
(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. Despite all section 104 considerations being “subject to Part 2”, the Court of Appeal in RJ Davidson Family Trust v Marlborough District Council [2018] NZCA 316 has held that consent authorities “must have regard to the provisions of Part 2 when it is appropriate to do so”. The Court of Appeal went on to find that there may be situations where it would be “appropriate and necessary” to refer to Part 2 when considering consent applications, including where there is doubt that a plan has been “competently prepared” under the RMA.
In this case the Unitary Plan is a fully integrated district, regional and regional policy planning instrument which has been through a rigorous planning process and has only been recently made operative in part. In this case, there is no issue of “competence” in the relevant planning instruments or other inconsistency, incoherence or conflict which would justify a recourse to Part 2 to resolve. However, for the sake of completeness, Part 2 has been considered and it is concluded that the proposal is consistent with the purpose of the RMA, all relevant matters of national importance and other matters set out in Part 2.
8.2 NOTIFICATION
8.2.1 PUBLIC NOTIFICATION Under section 95A of the Act, as inserted under section 137 of the Amendment Act, the Council is to follow a four-step process to determine if public notification is required, precluded, or at Council’s discretion: Step 1: Determine if public notification is mandatory (applicant request, in accordance with s95C of the Act, or application has been jointly made with an application to exchange reserve land under s15AA of the Reserves Act). If yes, proceed to publicly notify the application. If no, then proceed to Step 2: Step 2: Determine if there are preclusions to public notification:
o rule in plan or an NES precludes it; o application is for a controlled activity; o application is for a ‘residential activity’ with a restricted discretionary or discretionary activity status;
o application is for subdivision of land with a restricted discretionary or discretionary activity status;
o application is for a ‘boundary activity’; or o application is for activity prescribed by regulations made under s360H(1)(a)(i) to be precluded from public notification consideration; If yes to any of the above, then proceed to limited notification considerations. If no to all of the above, then proceed to Step 3. Step 3: Determine if public notification is required:
o rule in a plan or a National Environmental Standard (NES); or o activity will, or is likely to have, more than minor adverse environmental effects in accordance with s95D; If yes, then proceed to publicly notify the application. If no, then proceed to Step 4. Step 4: Determine if special circumstances exist. If yes, then proceed to publicly notify the application. If no, then proceed to limited notification considerations. Comment In this case: the applicant does not request public notification; and there are no preclusions to public notification application applicable to the development. Therefore, an assessment of the adverse effects of the environment for the purpose of public notification is required. Comment - Public Notification Assessment Section 95D sets out the tests for defining whether adverse effects referred to in section 95A are likely to be more than minor. In this regard, as relevant to this application, the Council must: disregard effects on persons who own or occupy the land in, or over that which the activity will occur, or any land adjacent to that land; disregard any effect on a person who has given written approval to the application. In this case, ‘adjacent land’ includes the properties listed below and as identified in the following aerial photograph. The effects on these owners and occupiers have been disregarded under section 95D: Lot 2 DP 512413 * 1315 State Highway 16 Ongarahu A2B2B Block ML 15439 Lyon Road 72 Lyon Road Lot 4 DP 512413 * 417 Rimmer Road/98 Trig Road 1435 State Highway 16* 1395 State Highway 16 1397 State Highway 16 1343 State Highway 16* 1331A and Lot 4 DP 512413 * 1352 State Highway 16 These properties are identified in Figure 4 below. Properties with an * are subject to a written approval or are owned by Dirtworks or the Campsite Trust (being a company controlled by the applicant). A plan showing site where written approval has been obtained or is owned by the applicant is annexed as Attachment 3.
1395, 1397, 1343 1331A State 1455 & 1441 State Highway 16 Highway 16 and Lot 4 DP 512413 & Lot 2 DP 200510 1352 State Highway 16
Lot 4 DP 3213213, 1315 State Highway 417 Rimmer 16, Ongarahu A2B2B Block ML 15439 Road/98 Trig Lyon Road, 72 Lyon Road Road
Figure 9 Adjacent Sites Source: Auckland Council GIS GeoMaps Viewer Public Notification Special Circumstances Section 95A(9) states that a consent authority may publicly notify an application if it decides that special circumstances exist in relation to an application. “Special circumstances” have been defined by the Court of Appeal as those that are unusual or exceptional, but they may be less than extraordinary or unique (Peninsula Watchdog Group (Inc) v Minister of Energy [1996] 2 NZLR 529). In Murray v Whakatane DC [1997] NZRMA 433, Elias J stated that circumstances which are “special” will be those which make notification desirable, notwithstanding the general provisions excluding the need for notification. In determining what may amount to “special circumstances” it is necessary to consider the matters relevant to the merits of the application as a whole, not merely those considerations stipulated in the tests for public or limited notification. In Urban Auckland and Ors v Auckland Council [2015] NZHC 1382 the High Court found that special circumstances existed where new relevant information may have been obtained from the public through the notification process. In this case, the site and locality are zoned Rural Production and managed fills are enabled in this zone as discretionary activities. The non-complying aspect to this proposal relates to reclamation of a degraded wetland which is a common eventuality of cleanfill and managed fill operations in rural areas and measures to address reclamation (including offset mitigation) are recognised in the planning provisions as an appropriate resource management response. On that basis there is nothing exceptional or unusual about this proposal to suggest that public notification should occur. Therefore, public notification in accordance with section 95 of the Act is not required in this instance.
8.2.2 LIMITED NOTIFICATION Section 95B, as inserted under section 137 of the Amendment Act, requires that if a consent authority does not publicly notify an application, it must follow a four-step process to determine if any persons are adversely affected: Step 1: Determine if certain affected groups / persons must be notified (e.g. customary rights groups, customary marine title groups, or a person with a statutory acknowledgement where the application proposal is on or adjacent to, is affected). If yes, notify the application to each affected person and proceed to Step 2. If no, then proceed to Step 2: Step 2: Determine if there are preclusions to notification:
o There are rules in a plan or NES precluding limited notification; o The application is for one or the other of: a controlled activity district land use consent; or an activity prescribed by regulations made under s360H(1)(a)(ii); If yes, proceed to step 4. If no, then proceed to Step 3. Step 3: Determine if any persons are affected under s95E:
o For ‘boundary activity’ applications, an owner of an allotment with an ‘infringed boundary’;
o A person prescribed by regulations made under s360H(1)(b); or o For any other activity, any other identifiable person. If yes, then notify the application to each affected person. If no to first two scenarios, then proceed to Step 4. If no to the final scenario, proceed on a non-notified basis. Step 4: Determine if special circumstances exist, warranting notification to any persons not already determined to be eligible for limited notification. If yes, then the application to each affected person (including those already identified as required to be notified). If no, then proceed on a non-notified basis. Comment In this case: There are no affected customary rights groups or customary marine title groups that are affected by the proposal; The application does not involve land on or adjacent to a statutory acknowledgement area; There no rules in a plan or NES precluding limited notification of the application; The application is not for a controlled activity district land use consent, or one of those prescribed under by regulations made under s360H(1)(a)(ii); and The application is not for a boundary activity or for an application prescribed by regulation under s360H(1)b). No persons are considered to be adversely affected for the following reasons: As discussed above written approval have been obtained from a number of neighbouring owners and occupiers of adjoining sites (sites). These are: 1331A SH16 (lot 5 DP 512413) Lot 4 Lot 4 DP 162353 (no address) 1435 SH16 (Lot 1 DP 204233) Lot 2 DP 200510 (no address) 1445 SH16 (Lot 1 DP 200510) 1441 SH16 (Pt Kopironui Blk B ML 2104D) 1437 SH16 (Pt Kopironui Blk B ML 2104C) Lot 1DP 200511 (no address) In addition the applicant owns a number of neighbouring sites. These are as follows: 1331 SH16 (Lot 1 DP 519834, Lot 3 DP 201803) LOT 4 DP 512413 (no address) 1345 SH16 (Lot 2 DP 129690) 1315 SH16 (LOT 8 DP 519834) Lot 2 DP 512413 (at 1331 SH 16) Accordingly, no regard has been had to effects of the proposal on these sites. This leaves the following potentially affected owners or occupiers of the following sites: Properties north of Pulpit Rock Road The properties north of Pulpit Rock Road (which have not already given written approval) include: 1457, 1477, 1475, SH16; 41, 43 Restall Road; and 98 Trig Road South. These sites are separated from the fill area by distances ranging from 700m to well over 1,000m and any views to the fill area will be mitigated by proposed (western spur) screen bunds and planting and existing intervening vegetation. It is also relevant that the dwellings on these sites generally oriented to the north and east rather than to the south where the filling is proposed. For these properties some views southward of the filling area will occur over time, however these will be in the context of a working rural environment where managed fills and earthworks are an anticipated part of the rural character. Overall, these views will be limited and appropriate for the rural setting. With regard to noise and the effects of truck movements, separation distance in combination with the existing road noise from SH16 will ensure that any adverse effects on these properties are less than minor. Properties to the east of the Proposed Fill Area Of those properties that are not part of the application site or have written approvals obtained, potentially affected sites are assessed as follows: 1397 SH16 This site is a large rural land holding (10ha approx.) with direct frontage to SH16 and it adjoins the managed fill site along its shared western/rear boundary. The dwelling is located midway into the site and approximately 10m below the existing ridgeline and spur that separates the filling area from this site. The noise assessment has confirmed that Unitary Plan noise standards for both construction and operation noise will be easily met and as with other sites east of the fill area, any operational noise will be further masked by the noise effects of vehicles on SH16. The construction effects on this property will be mainly from the construction of the visual screen bunds and the haul road and these will only be temporary effects. Once constructed, views to the managed fill will be limited and not out of character for the working rural environment.
It is also noted that the dwelling on this site is oriented northwards and as such views to the fill area will not form part of their primary outlook space. Adverse effects on this property will therefore be less than minor. 1395 SH16 This site is located immediately to the north east of 1397 SH16 and is a smaller 1.5ha countryside living site. The dwelling is located at the south western corner of the site and is also oriented to the north east. The dwelling is also sited some 20m below the ridge and spur separating the managed fill area and the dwelling and in this regard views to the filling area will be limited, if any, and further mitigated by proposed screen bunds and planting. Any noise from the fill construction and operations will be within Unitary Plan noise limits further mitigated by road noise from SH16. Any adverse effects from the managed fill on this site will be less than minor. 1367 SH16 This site is a larger land hold of 5ha and is a rear site with access direct to SH16. The dwelling on this site is positioned in the south western corner of the site. Distances to the filling area at least 230m from the dwelling and physically separated by the existing landform to the extent that view of the filling area will not be possible. This site is also separated from the proposed haul road extension by some 400-450m and not readily seen. The effect of the managed fill operations will be from the existing haul road which is associated with the existing fill and forms part of the effects on the receiving environment. This site will also benefit from existing screen planting and bunds constructed as part of the haul road for the existing managed fill. On this basis it is concluded that any adverse effects on this site will be less than minor. 1371 and 1363 SH16 These two sites have direct frontage to SH16 and are countryside living sized sites. Both have dwellings located toward the rear of ach site to take advantage of elevation and separation from SH16. Both are oriented to the east away from the proposed fill area. Separation distances from the fill area will be in the order of 500m from each dwelling separated by the existing ridge and spur. Both sites will have no direct views to the fill area or haul road and any noise from its construction or operation will be within Unitary Plan limits and otherwise masked by the traffic noise from SH16. Accordingly, any adverse effects on these sites will be less than minor. Properties to the south of the Proposed Fill Area These sites include 1315 SH16, the properties along Lyon Road and McPike Road. These sites already enjoy significant screening from the existing planted screen bunds along the existing accessway and these offer a high degree of noise and visual mitigation to existing and proposed truck movements along the haul road. None of these sites will have direct views of the filling area and any noise from construction or filling operations will be compliant with the Unitary Plan noise standards or masked by existing noise from SH16 traffic. Any adverse effects from the proposed fill operation will be similar those in terms of character, scale and intensity to those already approved with the Stage 1 managed fill and which now form part of the receiving environment. Accordingly, any adverse effects on these sites will be less than minor.
8.2.3 NON-NOTIFICATION As a result of the above assessment, it is considered that the proposal is able to be processed on a non-notified basis, without the requirement for limited notification on any person, or public notification on the wider community, because: The proposal will have less than minor adverse effects on the environment, including any adverse dominance or amenity effects associated with the development;
No persons will be adversely affected by the proposal; and
The proposal is not considered to give rise to any special circumstances that would warrant public notification.
8.3 SECTION 104(D)
As a non-complying activity, under section 104D, the consent authority must be satisfied that: (a) The adverse effects on the environment will be minor; or (b) The application is for an activity that will not be contrary to the objectives and policies of the relevant planning documents prior to any consideration of the proposal under its merits under section 104. In the foregoing assessment it has been concluded that both the adverse effects on the environment are no more than minor (or even less than minor) and that the proposal is consistent with all relevant objectives and policies in the Unitary Plan. On this basis the threshold of at least (a) or (b) in section 104D is passed and the proposal can be assessed on its merits.
8.4 SECTION 108
The applicant undertakes to avoid, remedy or mitigate the potential adverse effects of the proposal on the environment, including those effects likely to arise during the construction period. Accordingly, the applicant accepts the imposition of the Council’s standard conditions of consent relating to the matters for which consent is required in this case (e.g. compliance with approved plans), in addition to specific matters relating to the construction and operation of the proposal and offered by the applicant under section 108 of the Act.
8.5 SECTION 123
Section 123 sets out the duration limits for resource consents. For the land use activity it is proposed to limit the duration of the fill to the same as that for existing Stage 1 fill, being 13 October 2032. For the matters for which discharge consent (stormwater discharge and discharge from a managed fill) is required it is requested that the maximum duration of 35 years is applied.
8.6 SECTION 125
Section 125 of the Act provides for resource consents to be valid (the implementation) for the timeframe specified on the consent, or, if no timeframe is specified, for five years. In relation to this proposal, the applicant seeks the standard timeframe of five years to give effect to the resource consent once granted.
8.7 MONITORING OF EFFECTS
Once granted, the Council is required to monitor the exercise of resource consents under section 35 of the Act. Given the scale of the proposal and nature of managed fill there are a number of activities that need to be monitored to ensure that adverse effects on the environment are managed, avoided and mitigated. The areas where monitoring will be considered necessary relates to: Sediment and erosion control measures (including chemical treatment); Screen bund construction and landscape planting; Haul road formation and access upgrade; Fill testing and acceptance logs; Water quality testing; Protection of Archaeological site; On site ecological monitoring and offset mitigation planting monitoring; Finished contour and remediation monitoring. The applicant accepts a reasonable monitoring fee in accordance with the Council’s standard monitoring fee system for these identified activities and that the Council may carry out its monitoring functions by way of inspections of the site during development of the proposal.
9 CONCLUSION
The applicant seeks resource consent to establish a managed fill at 1331 State Highway 16, Lot 4 DP 162353 and Lot 1 DP 204233 State Highway 16. The proposal would approve the deposit of 1,650,000m³ of managed fill on the site over a 15 year period to 13 October 2032 (being the same duration as the exiting fill located immediately to the south and operated by Dirtworks. Managed fills are a necessary by-product of urban growth and intensification and have an operational and functional need to be located in rural areas close to metropolitan Auckland with ready access to high volume road transport networks. The proposal involves the reclamation of an existing degraded wetland and this will be mitigated by offset mitigation planting and restoration to a similar degraded wetland at 44 Crosland Road, South Head (some 22km to the north). The proposed total number of truck movements (in combination with the existing managed fill) will be 400 return truck movements (800 single trips) per day. In this regard, managed fills in appropriate locations are an anticipated and expected part of the rural environment. The adverse effects of the proposal have been identified and assessed and each found to have adverse effects on the environment that are less than minor. The proposal has also been assessed against the relevant provisions of the Unitary Plan including the RPS and all relevant regional and district levels planning provisions and found to be consistent with these. The applicant has obtained a number of written approvals from adjoining owners and occupiers and is the owner and occupier of a number of other adjoining or neighbouring sites. For those sites which the Council can have regard to adverse effects on owners and occupiers, rigours assessment of potential adverse effects on these persons has been undertaken and the conclusion, subject to the design and mitigation measures proposed, is that effects on these persons will be less than minor. Consent, subject to appropriate conditions, can therefore be supported. Hence, in accordance with section 95 of the Act, it is considered that the Council is able to process this application without notification or service on any parties, and can grant consent under section 104B. Decision on an application to change / cancel consent condition(s) under the Resource Management Act 1991
Application number(s): SUB60035814- B Applicant's name: Campsite Trustees Site address: 1331 State Highway 16, Rewiti Legal description: Lot 2 DP 73050, Lot 4 DP116372, Lot 2 DP 129690, Lots 1- 3 DP 201803 Proposal: To change conditions of consent, related to riparian areas and the location of Lot 3.
The discretionary activity under s127 of the Resource Management Act (RMA) is for the following changes and addition of condition(s) of consentSUB60035814- A involving the following changes (with strikethrough for deletion, bold for insertions):
Condition 1
The non-complying activity shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent number(s) R66834 and R66834A/ R60035814-A & SUB60035814-B..
• Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 11/8/16. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 16/11/16, ref 34545. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 18/1/18, ref 34545.
Report title and reference Author Rev Dated Geotechnical Investigation, ref J00281 Lander - 17/2/1+6 Geotechnical Landscape Revegetation and Management Cato Bolam - 20/4/16 Report- Lot 6, ref 34545 Consultants Weed and Pest Management Report R1, ref Cato Bolam R1 27/4/16 34545 Consultants Nga Maunga Whakahii o Kaipara Cultural Nga Maunga - Undated Impact Assessment 1331 State Highway 16 Whakahii o Kaipara Riparian revegetation and Management Cato Bolam - 1/4/16 Report- Lot 2, ref 34545 Consultants Hydrology Report, R1, ref 34545 Cato Bolam - 14/4/16 Consultants Bush Revegetation and Management Report, Cato Bolam - 20/4/16 ref 34545 Consultants Revegetation and Management Report- Cato Bolam R1 27/4/16
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Linkage Planting, R1, ref 34545 Consultants Track Management Plan, ref 34545 Cato Bolam - 18/7/16 Consultants Conservation Management Plan Time Depth - February Enterprises 2016 Archaeological Survey and Assessment of Time Depth - February Effects Enterprises 2016 Bush Quality Assessment Report, ref 34545 Cato Bolam - 17/2/16 Consultants Wetland Quality Assessments Report, ref Cato Bolam - 17/2/16 34545 Consultants
Plan title and reference Author Rev Dated Lots 1-9 being proposed subdivision of Lot 2 Cato Bolam R11 10/8/16 DP 73050, Lot 4 DP 116372, Lot 2 DP 129690 Consultants R19 07/18 and Lots 1-3 DP 201803, ref 34545, Sheet 1. Conservation Plan, ref 34545, Sheet O0 Cato Bolam R8 Feb 2016 Consultants (Note, revision R10 does not show the R10 3/17 current lot configuration. Refer to approved scheme plan)
Other additional information Author Rev Dated Letter from NZTA ref 8/11/4/4/279 PID¨5088 NZTA - 8/3/16 E-mail, ref R66834 Cato Bolam - 29/6/16 Consultants E-mail, ref R66834 Cato Bolam - 8/7/16 Consultants E-mail, ref Campsites Cato Bolam - 25/7/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 6/12/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 7/12/16 Consultants Letter, ref PID2175571 NZTA - 16/10/17 E-mail, ref SUB60035814- B Cato Bolam - 31/1/18 Consultants (D Tilley) E-mail, ref PPP00026296 Planning Plus (H - 14/11/17 Thomson) E-mail, ref SUB60035814- B Cato Bolam - 29/3/18 Consultants E-mail, ref SUB60035814- B Cato Bolam - 26/4/18 Consultants
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Condition 5a) The consent holder shall provide council with the calculated area(s) of wetland, riparian margins and bush to be protected on Lots 1, 2 and 3 as shown on the approved scheme plan referred to in condition 1 and as defined by survey.
Condition 5b)
The survey title plan shall show and identify the area(s) of wetland, riparian margins and bush to be protected (Area O, J, K, Q, R, S, T, U, V and W inclusive) as “areas to be subject to land covenant”. The boundaries of the covenant must coincide with the proposed fence line referred to in condition 6a). The wetland buffer shall be at least 10m
Condition 5f)
The survey title plan shall show and identify the right of way and service easements (labelled A and E) on a Memorandum of Easements attached to the cadastral survey dataset as a supporting document.
Condition 5h)
The survey plan shall show the track through Areas Q and R on Lot 2 as no greater than 3m wide.
Condition 5i)
The survey plan shall be updated to show the riparian area on Lot 3 (shown as Area O), as noted in the e-mail from M Goodwin of Cato Bolam Consultants dated 29/3/18.
Condition 6a)
A permanent ungated continuous stock-proof fence, (minimum seven wire post and batten fence with no gates) capable of preventing browsing or other damage by farmed animals, shall be constructed outside of the dripline of the bush, riparian margins and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive), and maintained. Area W may be stock proof fenced along its north western boundary by extending a stock proof fence from Area W to the north western site boundary (refer to plan noted in condition 1). The north western site boundary shall also be stock proof fenced. The area between Area W and the north western site boundary shall be kept free of stock.
Individual areas proposed for protection need not be stock proof fenced individually if they are contained within a larger protected area that is already stock proof fenced. In this event, the boundary of the Pa and associated area for protection shall be demarcated with a demarcation fence (for example consisting of bollards a minimum of 200mm in diameter and at least 1 metre high and at 15m centres, to the satisfaction of the Team Leader Northern Monitoring). If the fencing is constructed after the survey title plan has been approved under section 223, a certificate from a licensed cadastral surveyor shall be provided to confirm that the fencing of Areas J, K, O, Q, R, S, T, U, V and W inclusive is located on the covenant boundary.
Each end of the track through Areas J, K, T and W shall have a self- closing stock-proof gate and cattlestop installed.
The demarcation and/ or fencing around the Pa site shall be supervised by the project archaeologist.
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Prior to the construction of the above fencing, the consent holder shall provide a fencing plan to the Team Leader Northern Monitoring for written approval.
Condition 6c)
The consent holder shall carry out planting in the areas shown on the scheme plan noted in condition 1 and in accordance with the following approved plans as detailed in condition 1:
(i) Revegetation and Management Report- Linkage Planting R1 (note this relates to the bush lot).
(ii) Bush Revegetation and Management Report (relates to enhancement planting lot).
(iii) Landscape Revegetation and Management Report- Lot 6.
(iv) Riparian Revegetation and Management Report- Lot 2. The planting noted in this plan shall also be duplicated in the riparian area on Lot 3, including species, density, spacing and maintenance.
Any weeds present in the areas shall be controlled prior to planting. The advice note referred to in condition 6(i) details what ‘weed control’ means. The consent holder will advise council when planting is initiated.
Condition 6d)
All planting required to be undertaken on Lots 1, 2, 3 and 6 shall be undertaken and completed in accordance with the Approved Planting plan(s). Following completion of the required planting in accordance with the approved Planting Plan(s) the consent holder shall submit a completion report to council’s Team Leader, Compliance Monitoring (Orewa) for approval.
Condition 6s)
The right of way (ROW) (Areas A and E) shall be constructed/ reconstructed to Council Standards for Engineering Design & Construction. ROW E shall be finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
Condition 6v)
The consent holder shall undertake the works and follow the procedures detailed in the letter from New Zealand Transport Authority dated 8/3/16 ref 8/11/4/4/279 PID 5088 and the letter from New Zealand Transport Authority dated 16/10/17 ref PID2175571.
Condition 7b)
The areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive) identified by survey in accordance with conditions 1 and 5(b) of resource consent R66834 and SUB60035814- B shall be protected in perpetuity to the satisfaction of the council’s Team Leader, Northern Monitoring.
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The owners or their successors in title, of Lots 1, 2 and 3 shall:
i) Preserve the native vegetation, wildlife habitats and the natural landscape within the areas of bush, riparian margins and wetland to be protected on Lots 1, 2 and 3;
ii) Maintain any stock crossings and/or fish passage(s) in accordance with any easement(s) through the covenant areas;
iii) Not (without the prior written consent of the council and then only in strict compliance with any conditions imposed by the council) cut down, damage or destroy, or permit the cutting down, damage or destruction of the vegetation or wildlife habitats within the areas of bush, riparian margins and wetland to protected;
iv) Not do anything that would prejudice the health or ecological value of the areas of bush, riparian margin and wetland to be protected, their long term viability and/or sustainability;
v) Control all invasive plants and control pest animals within the areas of bush, riparian margin and wetland, in accordance with the approved Weed and Pest Animal Control Plans referred to in conditions of resource consent R66834;
Advice Note: Weed Control means, that there are no fruiting and / or flowering individuals of weed species present within the covenant area and any mature weed species present are dead. In addition there shall be no areas where weed species are smothering and / or out competing native vegetation including suppressing the natural regeneration processes. Control shall be demonstrated to the satisfaction of council’s Team Leader, Northern Monitoring or similar position.
vi) Maintain an ungated stock-proof fence as approved by the council around the perimeter of the areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 and keep stock out of these areas.
vii) Not keep stock including horses, on a short or long term basis, in the area contained within the north western boundary of Area W and the north western site boundary.
viii) Not to be in breach of this covenant if any of the areas of bush, riparian margin or wetland to be protected die as a result of fire and/or natural causes not attributable to any act or default on their part for which they are not responsible.
Condition 7j)
No direct access from Lot 3 shall be created onto State Highway 16 without prior written approval of NZTA.
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Condition 7k)
Any building constructed on Lot 3 above the 10m contour, shall be a single storey in height.
Condition 7l)
Any driveways or crossings on Lot 3 shall be of natural materials or finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
Condition 7m)
At the time of making a building consent application, the owner of Lot 3 shall submit for the certification of the Team Leader Northern Monitoring, a landscape planting and management plan (with supporting specifications).
The landscape planting and management plan shall contain:
• A plan of the planted area/s detailing the proposed plant species, plant sourcing, plant sizes at time of planting, plant locations, density of planting, and timing of planting. • A programme of establishment and post establishment protection and maintenance (fertilising, weed removal/spraying, replacement of dead/poorly performing plants, watering to maintain soil moisture, length of maintenance programme. • Stockproof fencing to protect the planting. The purpose of the planting is to reduce the visibility of buildings from public locations and assist in reducing potential cumulative effects on rural character and amenity, and to assist in locating the buildings in a more vegetated landscape. This will require planting on the wider site, not only in close proximity to the buildings themselves.
1. Reasons The reasons for this decision are:
2. The proposal is appropriately considered under s127 as the changes will not result in a fundamentally different activity or materially different effects.
3. In accordance with an assessment under s104(1)(a) and s127(3) of the RMA the actual and potential effects from the variation will be acceptable as:
• The application does result in a site (Lot 3) that will be located closer to State Highway 16, and development will be visible from it. The application proposes to manage this by undertaking landscaping, restricting colours of buildings and accessways and the height of structures in more elevated locations. In the context of the existing and future environment this is considered to suitably manage potential effects (in particular cumulative effects) and enable rural character to be retained. The dominant features in the area will remain pasture
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and vegetation. Buildings will be located closer together, but still separated to an appropriate degree to enable reasonable levels of visual and aural privacy. • The change to the riparian area proposed for protection on Lot 2 reflects reasonable access to the eastern part of the site and is not wider than reasonably required for vehicle and pedestrian access. Council’s Ecologist has not raised any concerns in this regard. • The application does not require any additional physical works. • The application does not result in an increased number of sites or changes to existing access locations. Parking can also still occur on the sites. • All sites can still be suitable serviced, and development will not be unduly affected by natural hazards. • The application is not expected to create any difference in adverse effect to iwi or cultural or heritage matters in a broader sense.
4. In accordance with an assessment under s104(1)(b) and s 127(3) of the RMA the variation is consistent with the relevant statutory documents.
The application does not result in any changes to the primary areas originally proposed for protection, being a pa, wetland and revegetation areas. The application remains consistent with objectives and policies of the AUP(OP) and the legacy plan ACDP(RS) (where relevant) in this regard. The changes to the protection of the riparian area on Lot 2 does not create any fundamental issues in terms of related objectives and policies, such as E39.3(20). It is expected that positive effects on water quality will still result.
The application remains consistent with objectives and policies related to servicing, access and management of natural hazards (see for example E39.2(4), E39.2(17), E39.3(30), E39.3(30)).
It is noted that the proposed relocation of Lot 3 is not a boundary adjustment in terms of rule E39.4.1, but a relocation of a proposed site that does not currently exist. The application does not create inconsistencies with objectives and policies which seek to control the adjustment of boundaries of existing sites.
The application will have an impact on the rural productivity of the overall land area, as areas are to be largely removed from productive potential, with the change of the land into a lifestyle use. This is however largely the same as already consented, with the land areas in the proposed lots being similar. The application is not expected to have any notable impact on productive potential of the land when compared to the consented situation.
The sites remain of a suitable size, shape and location to maintain rural character and amenity. In this regard it is noted that controls on development on Lot 3 are proposed, which seek to address potential cumulative effects in this regard. Development in the immediate area will be noticeable, but overall the area is expected to retain a rural character where the dominant factors creating this are pasture and vegetation, rather than built form dominating the landscape and being the predominant factor affecting character.
5. In accordance with an assessment under s104(1)(c) of the RMA no other matters are considered relevant.
6. The development can be suitably accessed, and natural hazards have been taken into account and can be appropriately managed. The application remains consistent with the outcomes sought by section 106 RMA.
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7. This proposal achieves the sustainable management purpose of the RMA under Part 2. The application does not conflict with Section 6 and is consistent with the provisions of section 7 including that it will maintain amenity values (subsection (c)), the intrinsic values of ecosystems (subsection (d)) and in time, enhance some factors influencing the quality of the immediate environment (the riparian areas, subsection (f)).
Overall the proposal creates an acceptable degree of adverse effects and is consistent with objectives and policies of the operative planning documents and provisions of Part 2 of the RMA.
2. Conditions Under section 108 of the RMA, this variation is subject to the following additional conditions and amendments to existing conditions:
Condition 1
The non-complying activity shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent number(s) R66834 and R66834A/ R60035814-A.
• Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 11/8/16. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 16/11/16, ref 34545. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 18/1/18, ref 34545.
Report title and reference Author Rev Dated Geotechnical Investigation, ref J00281 Lander - 17/2/1+6 Geotechnical Landscape Revegetation and Management Cato Bolam - 20/4/16 Report- Lot 6, ref 34545 Consultants Weed and Pest Management Report R1, ref Cato Bolam R1 27/4/16 34545 Consultants Nga Maunga Whakahii o Kaipara Cultural Nga Maunga - Undated Impact Assessment 1331 State Highway 16 Whakahii o Kaipara Riparian revegetation and Management Cato Bolam - 1/4/16 Report- Lot 2, ref 34545 Consultants Hydrology Report, R1, ref 34545 Cato Bolam - 14/4/16 Consultants Bush Revegetation and Management Report, Cato Bolam - 20/4/16 ref 34545 Consultants Revegetation and Management Report- Cato Bolam R1 27/4/16 Linkage Planting, R1, ref 34545 Consultants Track Management Plan, ref 34545 Cato Bolam - 18/7/16 Consultants Conservation Management Plan Time Depth - February Enterprises 2016 Archaeological Survey and Assessment of Time Depth - February
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Effects Enterprises 2016 Bush Quality Assessment Report, ref 34545 Cato Bolam - 17/2/16 Consultants Wetland Quality Assessments Report, ref Cato Bolam - 17/2/16 34545 Consultants
Plan title and reference Author Rev Dated Lots 1-9 being proposed subdivision of Lot 2 Cato Bolam R11 10/8/16 DP 73050, Lot 4 DP 116372, Lot 2 DP 129690 Consultants R19 07/18 and Lots 1-3 DP 201803, ref 34545, Sheet 1. Conservation Plan, ref 34545, Sheet O0 Cato Bolam R8 Feb 2016 Consultants (Note, revision R10 does not show the R10 3/17 current lot configuration. Refer to approved scheme plan)
Other additional information Author Rev Dated Letter from NZTA ref 8/11/4/4/279 PID¨5088 NZTA - 8/3/16 E-mail, ref R66834 Cato Bolam - 29/6/16 Consultants E-mail, ref R66834 Cato Bolam - 8/7/16 Consultants E-mail, ref Campsites Cato Bolam - 25/7/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 6/12/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 7/12/16 Consultants Letter, ref PID2175571 NZTA - 16/10/17 E-mail, ref SUB60035814- B Cato Bolam - 31/1/18 Consultants (D Tilley) E-mail, ref PPP00026296 Planning Plus (H - 14/11/17 Thomson) E-mail, ref SUB60035814- B Cato Bolam - 29/3/18 Consultants E-mail, ref SUB60035814- B Cato Bolam - 26/4/18 Consultants
Condition 5a) The consent holder shall provide council with the calculated area(s) of wetland, riparian margins and bush to be protected on Lots 1, 2 and 3 as shown on the approved scheme plan referred to in condition 1 and as defined by survey.
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Condition 5b)
The survey title plan shall show and identify the area(s) of wetland, riparian margins and bush to be protected (Areas J, K, O, Q, R, S, T, U, V and W inclusive) as “areas to be subject to land covenant”. The boundaries of the covenant must coincide with the proposed fence line referred to in condition 6a). The wetland buffer shall be at least 10m
Condition 5f)
The survey title plan shall show and identify the right of way and service easements (labelled A and E) on a Memorandum of Easements attached to the cadastral survey dataset as a supporting document.
Condition 5h)
The survey plan shall show the track through Areas Q and R on Lot 2 as no greater than 3m wide.
Condition 5i)
The survey plan shall be updated to show the riparian area on Lot 3, as noted in the e-mail from M Goodwin of Cato Bolam Consultants dated 29/3/18.
Condition 6a)
A permanent ungated continuous stock-proof fence, (minimum seven wire post and batten fence with no gates) capable of preventing browsing or other damage by farmed animals, shall be constructed outside of the dripline of the bush, riparian margins and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive), and maintained. Area W may be stock proof fenced along its north western boundary by extending a stock proof fence from Area W to the north western site boundary (refer to plan noted in condition 1). The north western site boundary shall also be stock proof fenced. The area between Area W and the north western site boundary shall be kept free of stock.
Individual areas proposed for protection need not be stock proof fenced individually if they are contained within a larger protected area that is already stock proof fenced. In this event, the boundary of the Pa and associated area for protection shall be demarcated with a demarcation fence (for example consisting of bollards a minimum of 200mm in diameter and at least 1 metre high and at 15m centres, to the satisfaction of the Team Leader Northern Monitoring).
If the fencing is constructed after the survey title plan has been approved under section 223, a certificate from a licensed cadastral surveyor shall be provided to confirm that the fencing of Areas J, K, O, Q, R, S, T, U, V and W inclusive is located on the covenant boundary.
Each end of the track through Areas J, K, T and W shall have a self- closing stock-proof gate and cattlestop installed.
The demarcation and/ or fencing around the Pa site shall be supervised by the project archaeologist.
Prior to the construction of the above fencing, the consent holder shall provide a fencing plan to the Team Leader Northern Monitoring for written approval.
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Condition 6c)
The consent holder shall carry out planting in the areas shown on the scheme plan noted in condition 1 and in accordance with the following approved plans as detailed in condition 1:
(v) Revegetation and Management Report- Linkage Planting R1 (note this relates to the bush lot).
(vi) Bush Revegetation and Management Report (relates to enhancement planting lot).
(vii) Landscape Revegetation and Management Report- Lot 6.
(viii) Riparian Revegetation and Management Report- Lot 2. The planting noted in this plan shall also be duplicated in the riparian area on Lot 3, including species, density, spacing and maintenance.
Any weeds present in the areas shall be controlled prior to planting. The advice note referred to in condition 6(i) details what ‘weed control’ means. The consent holder will advise council when planting is initiated.
Condition 6d)
All planting required to be undertaken on Lots 1, 2, and 3 shall be undertaken and completed in accordance with the Approved Planting plan(s). Following completion of the required planting in accordance with the approved Planting Plan(s) the consent holder shall submit a completion report to council’s Team Leader, Compliance Monitoring (Orewa) for approval.
Condition 6s)
The right of way (ROW) (Areas A and E) shall be constructed/ reconstructed to Council Standards for Engineering Design & Construction. ROW E shall be finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
Condition 6v)
The consent holder shall undertake the works and follow the procedures detailed in the letter from New Zealand Transport Authority dated 8/3/16 ref 8/11/4/4/279 PID 5088 and the letter from New Zealand Transport Authority dated 16/10/17 ref PID2175571.
Condition 7b)
The areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive) identified by survey in accordance with conditions 1 and 5(b) of resource consent R66834 and SUB60035814- B shall be protected in perpetuity to the satisfaction of the council’s Team Leader, Northern Monitoring.
The owners or their successors in title, of Lots 1, 2 and 3 shall:
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i) Preserve the native vegetation, wildlife habitats and the natural landscape within the areas of bush, riparian margins and wetland to be protected on Lots 1, 2 and 3;
ii) Maintain any stock crossings and/or fish passage(s) in accordance with any easement(s) through the covenant areas;
iii) Not (without the prior written consent of the council and then only in strict compliance with any conditions imposed by the council) cut down, damage or destroy, or permit the cutting down, damage or destruction of the vegetation or wildlife habitats within the areas of bush, riparian margins and wetland to protected;
iv) Not do anything that would prejudice the health or ecological value of the areas of bush, riparian margin and wetland to be protected, their long term viability and/or sustainability;
v) Control all invasive plants and control pest animals within the areas of bush, riparian margin and wetland, in accordance with the approved Weed and Pest Animal Control Plans referred to in conditions of resource consent R66834;
Advice Note: Weed Control means, that there are no fruiting and / or flowering individuals of weed species present within the covenant area and any mature weed species present are dead. In addition there shall be no areas where weed species are smothering and / or out competing native vegetation including suppressing the natural regeneration processes. Control shall be demonstrated to the satisfaction of council’s Team Leader, Northern Monitoring or similar position.
vi) Maintain an ungated stock-proof fence as approved by the council around the perimeter of the areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 and keep stock out of these areas.
vii) Not keep stock including horses, on a short or long term basis, in the area contained within the north western boundary of Area W and the north western site boundary.
viii) Not to be in breach of this covenant if any of the areas of bush, riparian margin or wetland to be protected die as a result of fire and/or natural causes not attributable to any act or default on their part for which they are not responsible.
Condition 7j)
No direct access from Lot 3 shall be created onto State Highway 16 without prior written approval of NZTA.
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Condition 7k)
Any building constructed on Lot 3 above the 10m contour, shall be a single storey in height.
Condition 7l)
Any driveways or crossings on Lot 3 shall be of natural materials or finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
Condition 7m)
At the time of making a building consent application, the owner of Lot 3 shall submit for the certification of the Team Leader Northern Monitoring, a landscape planting and management plan (with supporting specifications).
The landscape planting and management plan shall contain:
• A plan of the planted area/s detailing the proposed plant species, plant sourcing, plant sizes at time of planting, plant locations, density of planting, and timing of planting. • A programme of establishment and post establishment protection and maintenance (fertilising, weed removal/spraying, replacement of dead/poorly performing plants, watering to maintain soil moisture, length of maintenance programme. • Stockproof fencing to protect the planting. The purpose of the planting is to reduce the visibility of buildings from public locations and assist in reducing potential cumulative effects on rural character and amenity, and to assist in locating the buildings in a more vegetated landscape. This will require planting on the wider site, not only in close proximity to the buildings themselves.
Advice notes 1. A copy of the consolidated set of conditions of consent as amended is included as attachment 1 to this section 127 decision.
Delegated decision maker: Name: Erik Oothuizen Title: Team Leader, Resource Consents
SUB60035814- B Approved by Delegated Officer
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Attachment 1: Consolidated conditions of consent as amended. Under section 108 of the RMA, these consents are subject to the following conditions:
General conditions These conditions apply to all resource consents.
1. The non-complying activity shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent number(s) R66834 and R66834A/ R60035814-A.
• Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 11/8/16. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 16/11/16, ref 34545. • Application Form, and Assessment of Environmental Effects prepared by Cato Bolam Consultants, dated 18/1/18, ref 34545.
Report title and reference Author Rev Dated Geotechnical Investigation, ref J00281 Lander - 17/2/1+6 Geotechnical Landscape Revegetation and Management Cato Bolam - 20/4/16 Report- Lot 6, ref 34545 Consultants Weed and Pest Management Report R1, ref Cato Bolam R1 27/4/16 34545 Consultants Nga Maunga Whakahii o Kaipara Cultural Nga Maunga - Undated Impact Assessment 1331 State Highway 16 Whakahii o Kaipara Riparian revegetation and Management Cato Bolam - 1/4/16 Report- Lot 2, ref 34545 Consultants Hydrology Report, R1, ref 34545 Cato Bolam - 14/4/16 Consultants Bush Revegetation and Management Report, Cato Bolam - 20/4/16 ref 34545 Consultants Revegetation and Management Report- Cato Bolam R1 27/4/16 Linkage Planting, R1, ref 34545 Consultants Track Management Plan, ref 34545 Cato Bolam - 18/7/16 Consultants Conservation Management Plan Time Depth - February Enterprises 2016 Archaeological Survey and Assessment of Time Depth - February Effects Enterprises 2016 Bush Quality Assessment Report, ref 34545 Cato Bolam - 17/2/16 Consultants Wetland Quality Assessments Report, ref Cato Bolam - 17/2/16 34545 Consultants
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Plan title and reference Author Rev Dated Lots 1-9 being proposed subdivision of Lot 2 Cato Bolam R19 07/18 DP 73050, Lot 4 DP 116372, Lot 2 DP 129690 Consultants and Lots 1-3 DP 201803, ref 34545, Sheet 1. Conservation Plan, ref 34545, Sheet O0 Cato Bolam R10 3/17 Consultants (Note, revision R10 does not show the current lot configuration. Refer to approved scheme plan)
Other additional information Author Rev Dated Letter from NZTA ref 8/11/4/4/279 PID¨5088 NZTA - 8/3/16 E-mail, ref R66834 Cato Bolam - 29/6/16 Consultants E-mail, ref R66834 Cato Bolam - 8/7/16 Consultants E-mail, ref Campsites Cato Bolam - 25/7/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 6/12/16 Consultants E-mail ref 224c sign off query for R66834 Cato Bolam - 7/12/16 Consultants Letter, ref PID2175571 NZTA - 16/10/17 E-mail, ref SUB60035814- B Cato Bolam - 31/1/18 Consultants (D Tilley) E-mail, ref PPP00026296 Planning Plus (H - 14/11/17 Thomson) E-mail, ref SUB60035814- B Cato Bolam - 29/3/18 Consultants E-mail, ref SUB60035814- B Cato Bolam - 26/4/18 Consultants
2. Pursuant to section 125 of the RMA, this consent lapses five years after the date it is granted unless:
a. The consent is given effect to (i.e. a survey plan in respect of the subdivision has been submitted to council under section 223 of the RMA), but shall thereafter lapse if the survey plan is not deposited in accordance with section 224 of the RMA; or
b. The council extends the period after which the consent lapses.
3. At least 7 days prior to the work commencing, the consent holder shall notify council’s Orewa Compliance Administrator by telephone (0800 426 5169) or email ([email protected]) the expected date of work commencing.
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4. The resource consent may be implemented on a staged basis. The conditions of this consent shall be met as they relate to each stage.
• Stage 1 involves the creation of Lot 5 as a result of the protection of the archaeological (Pa) site.
• Stage 2 will be the creation of Lot 4 from protection of bush areas 'V' and 'W' and wetland area 'T', in addition to linking planting.
• Stage 3 will be the creation of Lot 2 from protection of bush areas 'V' and 'W' and wetland area 'T'
• Stage 4 will be the creation of Lot 3 from the protection of wetland areas 'S' and 'U'.
• Stage 5 will be the creation of Lot 6 from the protection of wetland areas 'S' and 'U'.
• Stage 6 will be the creation of Lot 8 as part of the boundary change.
• Stage 7 will be the creation of Lot 9 as part of the boundary change.
• Stage 8 will be the creation of Lot 7 from bush planting areas 'J' and 'K'.
The stages may be implemented in any order or combined, except that when the stage based on Significant Enhancement Planting is undertaken the consent holder shall demonstrate that a Valuable Ecological Benefit (VEB), as detailed in the Auckland Council District Plan (Rodney Section), is provided.
Each stage shall also comply with the conditions set out in the letters from NZTA dated 16/12/16 and 16/10/17 where applicable.
Specific conditions – Subdivision To be completed before council approval of the Survey Plan
5. Before council will approve the survey title plan pursuant to s.223 of the Act for each stage of the subdivision as described in the reasons for consent above, the following requirements are to have been satisfied as they relate to each stage:
a. The consent holder shall provide council with the calculated area(s) of wetland, riparian margins and bush to be protected on Lots 1, 2 and 3 as shown on the approved scheme plan referred to in condition 1 and as defined by survey.
b. The survey title plan shall show and identify the area(s) of wetland, riparian margins and bush to be protected (Areas J, K, O, Q, R, S, T, U, V and W inclusive) as “areas to be subject to land covenant”. The boundaries of the covenant must coincide with the proposed fence line referred to in condition 6a). The wetland buffer shall be at least 10m wide.
c. The survey title plan shall show and identify the Pa sites (Q10/64) to be protected as “area to be subject to land covenant”. The extent of the Pa shall first be identified on site by the consent holders archaeologist, and this reflected in the survey plan.
d. The consent holder shall provide council with the calculated area of the Pa site (Q10/64) to be protected on Lot 1 identified on the site by the consent holders archaeologist.
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e. The consent holder shall provide a memo from the consent holders Archaeologist to the satisfaction of the Council’s Team Leader Northern Monitoring that confirms the consent holders Archaeologist supervised the surveying of the boundaries of the Pa.
f. The survey title plan shall show and identify the right of way and service easements (labelled A and E) on a Memorandum of Easements attached to the cadastral survey dataset as a supporting document.
g. The survey plan shall show that the track through Areas J, K, T and W is no greater than 2m wide at any point.
h. The survey plan shall show the track through Areas Q and R on Lot 2 as no greater than 3m wide.
i. The survey plan shall be updated to show the riparian area on Lot 3, as noted in the e-mail from M Goodwin of Cato Bolam Consultants dated 29/3/18.
Note: The amalgamation condition shown on the scheme plan noted in condition 1 is an error and can be deleted at s223 RMA stage.
To be completed before issue of the s.224(c) Certificate
6. Before a Certificate is issued pursuant to section 224(c) of the Act, the consent holder shall satisfy the following conditions at the consent holder’s cost. A letter to Council setting out that the conditions relating to each stage have been met must be provided at the time a section 224(c) RMA certificate for each stage is applied for.
Fencing bush and wetland area
(b) A permanent ungated continuous stock-proof fence, (minimum seven wire post and batten fence with no gates) capable of preventing browsing or other damage by farmed animals, shall be constructed outside of the dripline of the bush, riparian margins and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive), and maintained. Area W may be stock proof fenced along its north western boundary by extending a stock proof fence from Area W to the north western site boundary (refer to plan noted in condition 1). The north western site boundary shall also be stock proof fenced. The area between Area W and the north western site boundary shall be kept free of stock.
Individual areas proposed for protection need not be stock proof fenced individually if they are contained within a larger protected area that is already stock proof fenced. In this event, the boundary of the Pa and associated area for protection shall be demarcated with a demarcation fence (for example consisting of bollards a minimum of 200mm in diameter and at least 1 metre high and at 15m centres, to the satisfaction of the Team Leader Northern Monitoring).
If the fencing is constructed after the survey title plan has been approved under section 223, a certificate from a licensed cadastral surveyor shall be provided to confirm that the fencing of Areas J, K, O, Q, R, S, T, U, V and W inclusive is located on the covenant boundary.
Each end of the track through Areas J, K, T and W shall have a self- closing stock-proof gate and cattlestop installed.
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The demarcation and/ or fencing around the Pa site shall be supervised by the project archaeologist.
Prior to the construction of the above fencing, the consent holder shall provide a fencing plan to the Team Leader Northern Monitoring for written approval.
(c) The consent holder shall arrange with council’s Team Leader, Northern Monitoring to inspect the stock-proof and/ or demarcation fence which has been erected in accordance with Conditions 6(a).
Planting
(d) The consent holder shall carry out planting in the areas shown on the scheme plan noted in condition 1 and in accordance with the following approved plans as detailed in condition 1:
(i) Revegetation and Management Report- Linkage Planting R1 (note this relates to the bush lot).
(ii) Bush Revegetation and Management Report (relates to enhancement planting lot).
(iii) Landscape Revegetation and Management Report- Lot 6.
(iv) Riparian Revegetation and Management Report- Lot 2. The planting noted in this plan shall also be duplicated in the riparian area on Lot 3, including species, density, spacing and maintenance.
Any weeds present in the areas shall be controlled prior to planting. The advice note referred to in condition 6(i) details what ‘weed control’ means. The consent holder will advise council when planting is initiated.
(e) All planting required to be undertaken on Lots 1, 2 and 3 shall be undertaken and completed in accordance with the Approved Planting plan(s). Following completion of the required planting in accordance with the approved Planting Plan(s) the consent holder shall submit a completion report to council’s Team Leader, Compliance Monitoring (Orewa) for approval.
(f) Plant maintenance in accordance with the plans noted in condition 1 shall occur for five years or until 75% canopy closure has occurred within the subject areas and a minimum survival rate of the plants (being 90% of the original density through the entire planting area(s)) has been achieved. The five year period shall commence once the completion report has been approved by council in accordance with condition 6(d). Plant maintenance includes the ongoing replacement of plants that do not survive. All invasive weeds and animal pests shall be controlled in accordance with the Weed and Pest Animal Control Plan both at the time of initial planting and any replacement planting if required and on an ongoing basis.
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Advice Note:
The five year period can only commence once all planting, weed control and initial pest animal control has been completed to the satisfaction of Team Leader, Compliance Monitoring (Orewa).
(g) Once Council has approved the completion report referred to in condition 6(d), the consent holder may enter into a surety bond of a sum calculated to be $5500 per hectare of planting, to allow the early release of s.224(c) Certificate. The value of this bond shall be to the satisfaction of the council’s Team Leader, Northern Monitoring. The purpose of the bond is to ensure a minimum survival rate of the plants to 90% of the original density and 75% canopy closure through the entire planting area(s).
(h) The consent holder shall submit a Monitoring Report to council’s Team Leader, Compliance Monitoring (Orewa), for approval 6 monthly for the first 18 months then annually thereafter for the remaining period to make up a total minimum period of five years. The Monitoring Report shall include but is not be limited to the following information in respect of each lot:
(i) Success rates, including growth rates and number of plants lost (including an analysis of the distribution of losses);
(ii) Canopy closure, beginnings of natural ecological processes - natural regeneration in understorey, use by native birds (note this does not relate to the planting on Lot 6);
(iii) A running record of fertilisation, animal and weed pest control and replacement of dead plants;
(iv) Details on the condition of, and recommendations for maintenance of, the fencing.
(v) Recommendations for replacement of dead plants and implementation of these recommendations (remediation work). Any recommended remediation work shall include a start date for replanting.
(i) If remediation work is recommended, the consent holder shall:
(i) Undertake this remediation work within six months from the start date.
(ii) Provide Council with a report confirming the remediation work has been undertaken. This report shall be submitted to Council’s Team Leader, Compliance Monitoring (Orewa) within 6 months after the remediation work has been undertaken.
Weed and Pest Control
(j) The consent holder shall carry out Weed and Pest Animal Control in the bush and wetland areas in accordance with the approved Weed and Pest Animal Control Plan referred to in condition 1 to the satisfaction of council’s Team Leader, Compliance Monitoring (Orewa), prior to the issue of s224(c) certificate.
Advice Note: Weed Control means, that there are no fruiting and / or flowering individuals of weed species present within the covenant area and any mature weed species present are
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dead. In addition there shall be no areas where weed species are smothering and / or out competing native vegetation including suppressing the natural regeneration processes. Control shall be demonstrated to the satisfaction of council’s Team Leader, Compliance Monitoring (Orewa) or similar position.
Archaeology
(k) The outer edge of the Pa (Q10/64), as identified by the plan submitted in accordance with condition 5c), shall be stock- proof fenced in accordance with the report by Time Depth Enterprises as detailed in condition 1 and under the supervision of the consent holders archaeologist, unless the wider area is already stock- proof fenced in which case the area shall be demarcated (refer to condition 6a).
Note: The fence shall be constructed outside of the Historic Heritage extent of place for pa site Q10/64, otherwise resource consent will be required to carry out works within the extent of place.
(l) A site works briefing shall be provided by the project archaeologist to all contractors prior to work commencing on the site. This briefing shall provide information to the contractors proposed to be engaged on the site regarding what constitutes historic heritage materials; the legal requirements of unexpected historic heritage discoveries; the appropriate procedures to follow if historic heritage materials are uncovered whilst the project historic heritage expert is not on site, to safeguard materials; and the contact information of the relevant agencies (including the project historic heritage expert, the Team Leader: Monitoring, the Auckland Council Heritage Unit and Heritage New Zealand Pouhere Taonga) and mana whenua. Documentation demonstrating that the contractor briefing has occurred shall be forwarded to the Team Leader: Monitoring prior to work commencing on the site;
(m) Procedures shall be in place to the satisfaction of the Team Leader Northern Monitoring to ensure work stops in the immediate vicinity of any exposed remains (Accidental Discovery Protocol) and that the project informs the project archaeologist, Heritage New Zealand and the Cultural Heritage Implementation Team of any archaeological discoveries (further details can be found in the Historic Heritage and Mana Whenua Cultural Heritage Accidental Discovery Protocols in the Proposed Auckland Unitary Plan (Part 3, Chapter G, Section 2.2.5 [http://unitaryplan.aucklandcouncil.govt.nz/pages/plan/Book.aspx]).
(n) If koiwi tangata (human remains) are uncovered on the site during the implementation of this consent, work shall cease immediately in the vicinity of the remains and the mana whenua, the New Zealand Police, the Auckland Council area-based Resource Consenting and Compliance Team and Heritage New Zealand Pouhere Taonga shall be contacted so that appropriate arrangements can be made.
(o) In the event that any unrecorded historic heritage sites are exposed as a result of consented work on the site, then these sites shall be recorded by the consent holder for inclusion within the Auckland Council Cultural Heritage Inventory. The consent holders project archaeologist shall prepare documentation suitable for inclusion in the Cultural Heritage Inventory and forward the information to the Team Leader: Monitoring (for the Manager: Heritage Unit, [email protected]) within one calendar month of the completion of work on the site.
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Engineering
(p) The engineering works required by this consent shall comply with the Council's “Standards for Engineering Design and Construction” as may be amended from time to time. Engineering Plans, as specified in the “Standards”, shall be submitted to the Consents Engineer, and approval thereto received in writing, prior to the commencement of any works on the site.
Any variation or changes to the approved engineering plans shall be submitted for approval as an Amendment and approval received thereto prior to construction of the varied works.
The term 'engineering works' includes, but is not limited to: • Earthworks, • The formation of driveways, • The installation of electrical and telecommunication, • Any other works required by conditions of this consent.
Note: Structures such as retaining walls, in-ground walls and bridges will require a separate Building Consent.
Note: The plans required under this condition are separate to, and do not form part of, any Building Consent that may be required on the subject site.
(q) Written confirmation shall be provided from the electricity network supplier responsible for the area, that provision of an electric supply has been made available by above ground or underground means to all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met or satisfactory arrangements have been concluded with the Consent Holder to complete the provision of the supply.
(r) Written confirmation shall be provided from the telecommunications network supplier responsible for the area, that provision of telephone services has been made available by above ground or underground means to all saleable lots created and that all the network supplier’s requirements for making such services available have been met or satisfactory arrangements have been concluded with the Consent Holder to complete the provision of the service
(s) The consent holder must provide an Erosion & Sediment Control Plan for approval of Council prior to commencement of earthworks. The consent holder must ensure all necessary measures proposed in the Plan approved by Council have been implemented and provide a certificate of establishment to Council prior to the commencement of any construction works including any excavation, earthworks or other site works. All earthworks shall be carried out to the satisfaction of the Council’s Development Engineer. Any erosion and sediment control shall be designed and maintained having regard to Technical Publication TP90 of the legacy Auckland Regional Council.
(t) The right of way (ROW) (Areas A and E) shall be constructed/ reconstructed to Council Standards for Engineering Design & Construction. ROW E shall be finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
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(u) In order to ensure the proposed driveway is constructed with no part of the gradient in excess of 1:4, with an average gradient of 1:5, the consent holder shall employ a Licensed Cadastral Surveyor at his/her own expense who shall, prior to the concrete for the driveway being poured, certify to the Council’s Orewa Monitoring Inspector in writing that no part of the driveway exceeds a gradient of 1:4 and that the average gradient is no steeper than 1:5.
(v) Two copies of a plan certified and dated by a licensed surveyor fixing the location and size of the identified building sites on Lots 2, 3, 4, and 6 by offsets from surveyed boundary pegs are to be provided to the Consents Engineer.
(w) The consent holder shall undertake the works and follow the procedures detailed in the letter from New Zealand Transport Authority dated 8/3/16 ref 8/11/4/4/279 PID 5088 and the letter from New Zealand Transport Authority dated 16/10/17 ref PID2175571.
Consent Notices
7. The following conditions of consent shall be complied with on a continuing basis by the consent holder (which includes the subdividing owner and subsequent owners) and shall be recorded in a consent notice issued pursuant to s221 of the Resource Management Act 1991 registered on the title(s):
Monitoring Charges
a. The respective owners of Lots 1, 2, 3, 4, 5, 6 and 7 inclusive shall pay the council monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent.
Such charge/s shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.
Bush, riparian margin and wetland area protection
b. The areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 (Areas J, K, O, Q, R, S, T, U, V and W inclusive and the area on Lot 3) identified by survey in accordance with conditions 1 and 5(b) of resource consent R66834 and SUB60035814- B shall be protected in perpetuity to the satisfaction of the council’s Team Leader, Northern Monitoring.
The owners or their successors in title, of Lots 1, 2 and 3 shall:
i) Preserve the native vegetation, wildlife habitats and the natural landscape within the areas of bush, riparian margins and wetland to be protected on Lots 1, 2 and 3;
ii) Maintain any stock crossings and/or fish passage(s) in accordance with any easement(s) through the covenant areas;
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iii) Not (without the prior written consent of the council and then only in strict compliance with any conditions imposed by the council) cut down, damage or destroy, or permit the cutting down, damage or destruction of the vegetation or wildlife habitats within the areas of bush, riparian margins and wetland to protected;
iv) Not do anything that would prejudice the health or ecological value of the areas of bush, riparian margin and wetland to be protected, their long term viability and/or sustainability;
v) Control all invasive plants and control pest animals within the areas of bush, riparian margin and wetland, in accordance with the approved Weed and Pest Animal Control Plans referred to in conditions of resource consent R66834;
Advice Note: Weed Control means, that there are no fruiting and / or flowering individuals of weed species present within the covenant area and any mature weed species present are dead. In addition there shall be no areas where weed species are smothering and / or out competing native vegetation including suppressing the natural regeneration processes. Control shall be demonstrated to the satisfaction of council’s Team Leader, Northern Monitoring or similar position.
vi) Maintain an ungated stock-proof fence as approved by the council around the perimeter of the areas of bush, riparian margin and wetland to be protected on Lots 1, 2 and 3 and keep stock out of these areas.
vii) Not keep stock including horses, on a short or long term basis, in the area contained within the north western boundary of Area W and the north western site boundary.
viii) Not to be in breach of this covenant if any of the areas of bush, riparian margin or wetland to be protected die as a result of fire and/or natural causes not attributable to any act or default on their part for which they are not responsible.
Vegetation on Lot 6
c. The vegetation detailed in the plan titled Landscape Revegetation and Management Report- Lot 6 by Cato Bolam Consultants as detailed in condition 1 of resource consent R66834 shall be maintained and retained in perpetuity, including the retention of a stock proof fence around the vegetation. If the vegetation is dead or dying, it shall be replaced in the same species in the following planting season and retained thereafter.
Vegetation on Lot 2
d. As offered by the applicant for resource consent R66834, unless the written approval of the owners of Lot 8 (resource consent R66834) is obtained and a copy provided to the Team Leader Northern Monitoring, the vegetation along the south- east boundary of Lot 2 shall be maintained and retained in perpetuity.
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Note: This is to provide visual screening between the sites.
Track to Woodhill Forest
e. The owners of Lot 1 shall at all times manage the access/ track through Areas J, K, T and W in accordance with the Track Management Plan by Cato Bolam Consultants dated 18/7/16. The track shall be used by pedestrians and quad bikes; no motor vehicles shall use the track. The self- closing, stock-proof gate and cattlestop at each end of the track shall be maintained.
For the avoidance of doubt, this does not allow access to private property. Any access to Woodhill Forest shall be legally obtained via the site owner.
Archaeology
f. The Pa site to be protected on Lot 1 (Q10/64, H425), as identified by survey in accordance with condition 5c) of resource consent R66834 shall be protected in perpetuity to the satisfaction of the Council’s Team Leader, Northern Monitoring and in accordance with the Conservation Management Plan by Time Depth Enterprises dated February 2016. The area shall contain no buildings and vehicles shall not be permitted within the protected area. The area shall remain stock- proof fenced at all times (unless Council has approved a demarcation fence in accordance with condition 6(a) of resource consent R66834, which must be maintained), and this fence shall be located outside the extent of the heritage place. This Conservation Management Plan shall be reviewed on a 5 yearly basis to ensure that the ongoing management is effective and appropriate. The plan shall be provided for the approval of Council’s Team Leader Northern Monitoring or equivalent position and once approved it shall be implemented.
g. The owners or their successors in title, of Lot 1 shall not undertake or allow to be undertaken any activity which would knowingly damage the Pa site (Q10/64, H425), identified by survey in accordance with condition 5(c) of resource consent R66834.
Engineering
h. Any buildings erected on Lots 1,2,33,4,5 and 6 shall be subject to the requirements of the Geotechnical Investigation report prepared by Lander Geotechnical Consultants Ltd, ref: J00281, dated 17 Feb 2016 received on 17 March 2016, and any subsequent reports. Copies of the said plan & report(s) will be held at the offices of the Council, Centreway Road, Orewa.
i. All stormwater from driveways, roof, and water tank overflow on Lots 1,2,3,4 and 6 shall be collected and disposed of in accordance with the Hydrology Report R1 prepared by Cato Bolam Consultants Ltd, ref: 34545, dated 14 April 2016. Copies of the said document are held at the offices of the Council, Centreway Road, Orewa.
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j. No direct access from Lot 3 shall be created onto State Highway 16 without prior written approval of NZTA.
Development of Lot 3
k. Any building constructed on Lot 3 above the 10m contour, shall be a single storey in height.
l. Any driveways or crossings on Lot 3 shall be of natural materials or finished in visually recessive colours such as exposed aggregate or concrete which is tinted with dark oxide.
m. At the time of making a building consent application, the owner of Lot 3 shall submit for the certification of the Team Leader Northern Monitoring, a landscape planting and management plan (with supporting specifications).
The landscape planting and management plan shall contain:
• A plan of the planted area/s detailing the proposed plant species, plant sourcing, plant sizes at time of planting, plant locations, density of planting, and timing of planting. • A programme of establishment and post establishment protection and maintenance (fertilising, weed removal/spraying, replacement of dead/poorly performing plants, watering to maintain soil moisture, length of maintenance programme. • Stockproof fencing to protect the planting. The purpose of the planting is to reduce the visibility of buildings from public locations and assist in reducing potential cumulative effects on rural character and amenity, and to assist in locating the buildings in a more vegetated landscape. This will require planting on the wider site, not only in close proximity to the buildings themselves.
Advice notes 1. The consent holder will be responsible for ensuring all necessary permits, such as Corridor Access Requests (CAR) permits for [specify aspect of the development], are obtained from Auckland Transport. See Auckland Transport’s website www.aucklandtransport.govt.nz for more information.
2. Reports and limitations on the land regarding any features or characteristics of the land or works on the land, whether the subject of specific encumbrances on the land or not shall be discoverable as part of the Council’s records.
3. Please read the conditions of this resource consent carefully and make sure that you understand all the conditions that have been imposed before commencing the development.
4. The consent holder shall obtain all other necessary consents and permits, including those under the Building Act 2004, and the Historic Places Trust Act 1993. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007), regulations, relevant Bylaws, and rules of law. This consent does not constitute building
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consent approval. Please check whether a building consent is required under the Building Act 2004. Please note that the approval of this resource consent, including consent conditions specified above, may affect a previously issued building consent for the same project, in which case a new building consent may be required.
5. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity. The consent holder is requested to notify council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Compliance Administrator, Orewa Service Centre, at [email protected] and include the following details:
a. name and telephone number of the project manager and the site owner;
b. site address to which the consent relates;
c. activity to which the consent relates; and
d. expected duration of works.
6. If you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application you have a right of objection pursuant to sections 357A or 357B of the RMA. Any objection must be made in writing to council within 15 working days of notification of the decision.
7. The granting of this resource consent does not in any way allow the applicant to enter and construct drainage within neighbouring property, without first obtaining the agreement of all owners and occupiers of said land to undertake the proposed works. Any negotiation or agreement is the full responsibility of the applicant, and is a private agreement that does not involve council. Should any disputes arise between the private parties, these are civil matters which can be taken to independent mediation or disputes tribunal for resolution. It is recommended that the private agreement be legally documented to avoid disputes arising. To obtain sign-off for the resource consent, the services described by the conditions above are required to be in place to the satisfaction of council.
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8. Compliance with the consent conditions will be monitored by council (in accordance with section 35(1)(2)(d) of the RMA). The initial monitoring charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, inspections, in excess of those covered by the base fee paid, shall be charged at the relevant hourly rate applicable at the time. Only after all conditions of the resource consent have been met, will council issue a letter on request of the consent holder.
9. The Heritage New Zealand Pouhere Taonga Act 2014 (hereafter referred to as the Act) provides for the identification, protection, preservation and conservation of the historic and cultural heritage of New Zealand. All archaeological sites are protected by the provisions of the Act (section 42). It is unlawful to modify, damage or destroy an archaeological site without prior authority from Heritage New Zealand Pouhere Taonga. An Authority is required whether or not the land on which an archaeological site may be present is designated, a resource or building consent has been granted, or the activity is permitted under Unitary, District or Regional Plans.
According to the Act (section 6) archaeological site means, subject to section 42(– 1) any place in New Zealand, including any building or structure (or part of a building or structure), that –
I. was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and
II. provides or may provide, through investigation by archaeological methods, evidence relating to the history of New Zealand; and
2) includes a site for which a declaration is made under section 43(1)
It is the responsibility of the consent holder to consult with Heritage New Zealand Pouhere Taonga about the requirements of the Act and to obtain the necessary Authorities under the Act should these become necessary, as a result of any activity associated with the consented proposals.
For information please contact the Heritage New Zealand Pouhere Taonga Northern Regional Archaeologist – 09 307 0413 / [email protected].
10. Māori artefacts such as carvings, stone adzes, and greenstone objects are considered to be tāonga (treasures). These are taonga tūturu within the meaning of the Protected Objects Act 1975 (hereafter referred to as the Act).
According to the Act (section 2) taonga tūturu means an object that – a) relates to Māori culture, history, or society; and b) was, or appears to have been – i. manufactured or modified in New Zealand by Māori; or ii. brought into New Zealand by Māori; or iii. used by Māori; and c) is more than 50 years old
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The Act is administered by the Ministry of Culture and Heritage. Tāonga may be discovered in isolated contexts, but are generally found within archaeological sites. The provisions of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the modification of an archaeological site should to be considered by the consent holder if tāonga are found within an archaeological site, as defined by the Heritage New Zealand Pouhere Taonga Act 2014.
It is the responsibility of the consent holder to notify either the chief executive of the Ministry of Culture and Heritage or the nearest public museum, which shall notify the chief executive, of the finding of the taonga tūturu, within 28 days of finding the taonga tūturu; alternatively provided that in the case of any taonga tūturu found during the course of any archaeological investigation authorised by Heritage New Zealand Pouhere Taonga under section 48 of the Heritage New Zealand Pouhere Taonga Act 2014, the notification shall be made within 28 days of the completion of the field work undertaken in connection with the investigation.
Under section 11 of the Act, newly found taonga tūturu are in the first instance Crown owned until a determination on ownership is made by the Māori Land Court. For information please contact the Ministry of Culture and Heritage – 04 499 4229 / protected- [email protected].
11. Guidance should be sought from Mana Whenua for tikanga in relation to the consented proposals.
The consented proposals should be carried out under both the Historic Heritage and Mana Whenua Cultural Heritage Accidental Discovery Protocols in the Proposed Auckland Unitary Plan (Part 3, Chapter G, Section 2.2.5 [http://unitaryplan.aucklandcouncil.govt.nz/pages/plan/Book.aspx]).
12. Ongoing inspections of the covenanted area will be carried out from time to time by council ecologists, in accordance with the consent notice. These inspections will access how the covenant is being managed and if the consent condition is complied with. A report will be produced for the landowner to assist them in the management of the covenant. The inspections are charged at a rate in accordance with the council’s schedule of fees.
13. Development contributions levied under the Local Government Act 2002 are payable in relation to this application. The consent holder will be advised of the development contributions payable separately from this resource consent decision. Further information about development contributions may be found on the Auckland Council website at www.aucklandcouncil.govt.nz.
14. Copies of the approved Weed and Pest Animal Control Plan shall be held at the offices of the council, Centreway Road, Orewa, 0931.
15. A list of all current pest plants and animals can be found in the Auckland Regional Pest Management Strategy (ARPS 2007-2012 or any successive ARPS), available from council, which includes all plants identified in the National Pest Plant Accord (MAF).
16. Any activity pertaining to maintenance of covenant areas, including any required or ancillary structure(s), i.e. culvert or fish passage, may require lodgement for a Resource Consent.
17. Where significant weed and animal populations persist, the consent holder may wish to consider Local Landcare Groups, or the employment of a professional contractor to assist with the ongoing management of the protected area.
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Decision on an application for resource consent under the Resource Management Act 1991
Discretionary activity for a subdivision consent
Application number: SUB60322232 Applicant: Campsites Trustee Limited Site address: 1331 State Highway 16 & Lot 4 DP162353 State Highway 16 Woodhill Legal description: 1331 State Hwy 16 - Lot 1 DP 519834 & Lot 3 DP 201803; and Lot 4 DP162353 State Highway 16 Woodhill
The proposal
To undertake a boundary adjustment between two adjacent sites with 10.36ha being transferred from Lot 4 DP162353 to 1331 State Highway 16.
The resultant lot sizes will be:
Lot Existing Area Proposed Area
1331 State Highway 67.474Ha 77.83Ha (Lot 1)
Lot 4 DP 162353 41.0329Ha 30.68 (Lot 2)
The resource consents required is: Subdivision consent (s11) – SUB60322232
Auckland Unitary Plan (Operative in part)
Rural subdivision
• To undertake a boundary adjustment that which does not meet criteria E39.6.3.2 of the AUP(OP) is a discretionary activity under rule E39.4.1(A10) Decision I have read the application, supporting documents, and the report and recommendations on the application for resource consent(s). I am satisfied that I have adequate information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the application.
Acting under delegated authority, under sections 104, 104B, 106 and Part 2 of the RMA, the resource consent is GRANTED.
SUB60322232 – 1331 State Highway 16 Page 1 Reasons The reasons for this decision are:
1. In accordance with an assessment under ss104(1)(a) and (ab) of the RMA the actual and potential effects from the proposal will be avoided and acceptable as:
a. The (Lot 2) will remain over 30ha, with its most productive grazing land retained whilst the transfer of the lower value gully feature to Lot 1 will complement its current use as grazing land with protection of native bush, wetlands, revegetation planting, and sites of cultural significance.
b. Rural character will be retained as the proposal will not fragment rural productive land as no new sites are proposed, and the area of land to be transferred is a steep valley with currently low value for rural production.
c. The alignment of boundaries will not appear out of character with the surrounding environment or compromise the amenity of adjacent properties, the streetscape, sense of openness, or the natural qualities of the surrounding rural landscape.
d. Lot 1 proposed contains an existing dwelling while Lot 2 can establish one dwelling as a permitted activity in numerous potential locations, which due to the proposed 39ha lot size, would not appear visually or physically dominant within the landscape.
e. The net land size remain the same with no new lots or additional permitted residential development rights created, and the outlook and amenity of adjacent persons will not be impacted.
a. In terms of positive effects, the proposal results in improved and efficient productive land management for the respective lots.
b. With reference to s104(1)(ab), there are no specific offsetting or environmental compensation measures proposed or agreed to by the applicant to ensure positive effects on the environment.
2. In accordance with an assessment under s104(1)(b) of the RMA the proposal is consistent with the relevant statutory documents. In particular, Chapter E39 – Subdivision – Rural, Objectives E39.2.1, E39.2.2, E39.2.6, E39.2.10, and E39.2.15 and Policies E39.3.1, E39.3.3, E39.3.6, E39.3.8, and E39.3.30; Chapter H19 – Rural Zones (All Rural) - Objectives H19.2.1.1, H19.2.1.2, and H19.2.1.3 - Policies H19.2.2.1, H19.2.2.2, and H19.2.2.4; and Chapter H19 – Rural Zones (Rural Production) Objectives H19.3.2.1 and H19.3.2.2 Policy H19.3.3.1. These policies seek to protect rural land from being fragmented and losing its flexibility to be used for various productive rural uses and to ensure that the shifting of land does not reduce the productive capability of the land. The proposal is considered generally consistent with the intent of these provisions as proposed Lot 2 will remain over 30ha and will have its most productive grazing land retained, whilst the transfer of the lower value gully feature to Lot 1 will potentially lead to more productive rural uses as it will complement the current use of this lot for grazing land with protected bush, wetland and cultural features. Overall, rural character and productive capability will not be compromised and the proposal will not further fragment rural productive land.
3. In accordance with an assessment under s104(1)(c) of the RMA no other matters are considered relevant.
SUB60322232 – 1331 State Highway 16 Page 2 4. In terms of s106 of the RMA the subdivision will not give rise to a significant risk from natural hazards, and sufficient provision has been made for legal and physical access has been retained to the proposed allotments. Accordingly council is able to grant this subdivision consent subject to the conditions below.
5. This proposal achieves the sustainable management purpose of the RMA under Part 2 because there will be no physical change to the character or visual value of the sites as a result of the boundary adjustment and improved productive capability and management outcomes will result for the respective land owners.
6. Overall the proposal is considered to meet the relevant provisions of Part 2 of the RMA as the proposal achieves the purpose of the RMA being sustainable management of natural and physical resources, whilst avoiding adverse effects on the character and productive capability of rural land.
Conditions Under section 108, 108AA and 220 of the RMA, this consent is subject to the following conditions:
General conditions
1. The boundary adjustment subdivision activity shall be carried out in accordance with the documents and drawings and all supporting additional information submitted with the application, detailed below, and all referenced by the council as resource consent number SUB60322232;
• Application Form and Assessment of Environmental Effects prepared by Jessica Reaburn, dated 2 August 2018;
Report title and reference Author Rev Dated N/a Drawing title and reference Author Rev Dated “Lots 1 & 2 Being a Bdy Calibre 2 23/03/2018 Rationalisation Survey Consulting Ltd Between Lot 4 DP 162353 & Lot 1 DP 512413” Other additional information Author Rev Dated N/a 2. Under section 125 of the RMA, this consent lapses five years after the date it is granted unless:
a. A survey plan is submitted to council for approval under section 223 of the RMA before the consent lapses, and that plan is deposited within three years of the approval date in accordance with section 244 of the RMA; or
b. An application under section 125 of the RMA is made to the council before the consent lapses (five years) to extend the period after which the consent lapses and the council grants an extension.
SUB60322232 – 1331 State Highway 16 Page 3 Survey plan approval (s223) conditions
3. The consent holder shall submit a survey plan in accordance with the approved resource consent subdivision plan titled: “Lots 1 & 2 Being a Bdy Rationalisation Survey Between Lot 4 DP 162353 & Lot 1 DP 512413” dated 23/03/2018.
Section 224(c) compliance conditions
4. N/a
Advice notes 1. Any reference to number of days within this decision refers to working days as defined in s2 of the RMA.
2. For the purpose of compliance with the conditions of consent, “the council” refers to the council’s monitoring inspector unless otherwise specified. Please contact [email protected]] to identify your allocated officer.
3. For more information on the resource consent process with Auckland Council see the council’s website: www.aucklandcouncil.govt.nz. General information on resource consents, including making an application to vary or cancel consent conditions can be found on the Ministry for the Environment’s website: www.mfe.govt.nz.
4. If you as the applicant disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A or 357B of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of your receipt of this decision (for s357A) or receipt of the council invoice (for s357B).
5. The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety at Work Act 2015, regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004.
Delegated decision maker: Name: Erik Oosthuizen
Title: Team Leader, Resource Consents
SUB60322232 Approved by Delegated Officer
13/08/2018
SUB60322232 – 1331 State Highway 16 Page 4 N LEGEND : SUBJECT LOT ABUTTALS UNDERLYING BOUNDARY
LOT 6 NOTES: DP 162353 1. COORDINATES ARE IN TERMS OF MOUNT EDEN CIRCUIT, GEODETIC 2000. ORIGIN: CB 92 (ABQ1) mN 813 578.312. PT LOT 4 mE 371 939.325 DP 2370 2. LEVELS ARE IN TERMS OF AUCKLAND VERTICAL DATUM 1946 STATE HIGHWAY 16 ORIGIN OF LEVELS: CB 92 (ABQ1) RL: 10.764m LOT 1 NORTH AUCKLAND MAIN SOURCE (LINZ) MARCH 2018 DP 204233 LOT 1 TRUNK RAILWAY 3. EXISTING ABBUTAL BOUNDARIES HAVE BEEN DP 162353 EXTRACTED FROM LAND INFORMATION NEW ZEALAND XML DATA BASE ON 22. MARCH 2018 AND ARE SUBJECT TO VERIFICATION BY CADASTRAL SURVEY.
4. FINAL LOT AREAS AND DIMENSIONS ARE SUBJECT TO VERIFICATION BY CADASTRAL LOT 5 SURVEY. DP 162353 5. SUBJECT EASEMENTS ASSOCIATED WITH LOTS ON THIS PLANS HAVE NOT BE SHOWN. EASEMENT INFORMATION CAN BE FOUND ON APPROVED UNDERLYING LAND TRANSFER PLANS.
LOT 2 DP 162353
LOT 3 LOT 2 DP 162353 DP 129690 (AREA TRANSFERRED LOT 2 FROM LOT 2 TO LOT 1 DP 512413 = 10.3640ha) DP 201803
2 LOT AREAS REVISED TM 09.05.18 1 TEXT AND UPDATED NEW LOT BDY MI 28.03.18 LOT 8 0 FOR CLIENT REVIEW TM 23.03.18 Revision App Date LOT 5 DP 519834 (AREA TRANSFERRED Surveyed SM 21.03.18 DP 512413 FROM LOT 1 TO LOT 2 Designed CATO BOLAM 10.08.16 = 00.0080ha) Drawn SM 22.03.18 Reviewed TM 22.03.18 LOT 2 Approved TM 22.03.18 LOT 4 Verify all dimensions on site before commencing work. Prioritise figured 30.68ha dimensions over scaling. Refer all discrepancies to Calibre. DP 512413 This document and the copyright in this document remain the property of Calibre Consulting Limited. The contents of this document may not be reproduced either in whole or in part by any means whatsoever without the prior written consent of Calibre Consulting Limited. Client
DIRTWORKS LTD
Project Title
1331 SH 16 AUCKLAND ONGARAHU LOT 1 A2B2B Sheet Title 77.83ha LOTS 1 & 2 BEING A BDY RATIONALISATION SURVEY BETWEEN LOT 4 DP 162353
LOT 1 & LOT 1 DP 512413 DP 50650 Level 1, Building 8, 666 Great South Rd calibreconsulting.co Ellerslie, Auckland 1542 +64 9 525 9770
LOT 1 DP 138527 WOODHILL FOREST
Scale ( A3 Original ) 1: 5000
50 25 0 50 100 150 m
Project No Sheet Revision 710562 V110 2 H:\AKL\710562 Dirtworks Survey - 1331 SH16, Waimauku\900 Survey\12d\Autocad Outputs\180323 LOT 4 Rev2.dwg, Plotted By Tim Matheson at 9/05/2018 3:59:48 PM Scale 1:1
Level666Ellerslie,Auckland+64calibreconsulting.co Great9 1,525 Building 1051 South9770 8Rd
Auckland Unitary Plan (Operative in Part) – relevant objectives and policies E1 Water Quality and Integrated Management E1.2. Objectives (1) Freshwater and sediment quality is maintained where it is excellent or good and progressively improved over time in degraded areas. (2) The mauri of freshwater is maintained or progressively improved over time to enable traditional and cultural use of this resource by Mana Whenua. (3) Stormwater and wastewater networks are managed to protect public health and safety and to prevent or minimise adverse effects of contaminants on freshwater and coastal water quality. E1.3 Policies Stormwater management (8) Avoid as far as practicable, or otherwise minimise or mitigate, adverse effects of stormwater runoff from greenfield development on freshwater systems, freshwater and coastal water by: (a) taking an integrated stormwater management approach (refer to Policy E1.3.10); (b) minimising the generation and discharge of contaminants, particularly from high contaminant generating car parks and high use roads and into sensitive receiving environments; (c) minimising or mitigating changes in hydrology, including loss of infiltration, to: Auckland Unitary Plan Operative in part 4 E1 Water quality and integrated management (i) minimise erosion and associated effects on stream health and values; (ii) maintain stream baseflows; and (iii) support groundwater recharge; (d) where practicable, minimising or mitigating the effects on freshwater systems arising from changes in water temperature caused by stormwater discharges; and (e) providing for the management of gross stormwater pollutants, such as litter, in areas where the generation of these may be an issue. (9) Minimise or mitigate new adverse effects of stormwater runoff, and where practicable progressively reduce existing adverse effects of stormwater runoff, on freshwater systems, freshwater and coastal waters during intensification and redevelopment of existing urban areas by all of the following: (a) requiring measures to reduce contaminants, particularly from high contaminant-generating car parks and high-use roads; (b) requiring measures to reduce the discharge of gross stormwater pollutants; (c) requiring measures to be adopted to reduce the peak flow rate and the volume of stormwater flows: (i) within sites identified in the Stormwater Management Area – Flow 1 and Flow 2 Control (as shown on the planning maps); (ii) where development exceeds the maximum impervious area for the relevant zone; or (iii) from areas of impervious surface where discharges may give rise to flooding or adversely affect rivers and streams; (d) taking an integrated stormwater management approach for large-scale and comprehensive redevelopment and intensification (refer to Policy E1.3.10 below) and encourage the restoration of freshwater systems where practicable; and (e) ensuring intensification is supported by appropriate stormwater infrastructure, including natural assets that are utilised for stormwater conveyance and overland flow paths. (10) In taking an integrated stormwater management approach have regard to all of the following: (a) the nature and scale of the development and practical and cost considerations, recognising: Auckland Unitary Plan Operative in part 5 E1 Water quality and integrated management (i) greenfield and comprehensive brownfield development generally offer greater opportunity than intensification and small-scale redevelopment of existing areas; (ii) intensive land uses such as high-intensity residential, business, industrial and roads generally have greater constraints; and (iii) site operational and use requirements may preclude the use of an integrated stormwater management approach. (b) the location, design, capacity, intensity and integration of sites/development and infrastructure, including roads and reserves, to protect significant site features and hydrology and minimise adverse effects on receiving environments; (c) the nature and sensitivity of receiving environments to the adverse effects of development, including fragmentation and loss of connectivity of rivers and streams, hydrological effects and contaminant discharges and how these can be minimised and mitigated, including opportunities to enhance degraded environments; (d) reducing stormwater flows and contaminants at source prior to the consideration of mitigation measures and the optimisation of on-site and larger communal devices where these are required; and (e) the use and enhancement of natural hydrological features and green infrastructure for stormwater management where practicable. (11) Avoid as far as practicable, or otherwise minimise or mitigate adverse effects of stormwater diversions and discharges, having particular regard to: (a) the nature, quality, volume and peak flow of the stormwater runoff; (b) the sensitivity of freshwater systems and coastal waters, including the Hauraki Gulf Marine Park; (c) the potential for the diversion and discharge to create or exacerbate flood risks; (d) options to manage stormwater on-site or the use of communal stormwater management measures; (e) practical limitations in respect of the measures that can be applied; and (f) the current state of receiving environments. (12) Manage contaminants in stormwater runoff from high contaminant generating car parks and high use roads to minimise new adverse effects and progressively reduce existing adverse effects on water and sediment quality in freshwater systems, freshwater and coastal waters. (13) Require stormwater quality or flow management to be achieved on-site unless there is a downstream communal device or facility designed to cater for the site’s stormwater runoff. (14) Adopt the best practicable option to minimise the adverse effects of stormwater discharges from stormwater network and infrastructure including road, and rail having regard to all of the following: (a) the best practicable option criteria as set out in section 2 of the Resource Management Act 1991; (b) the reasonable timeframes over which adverse effects can be avoided as far as practicable, or otherwise minimised or mitigated; (c) the scale and significance of the adverse effects; (d) infrastructure investment priorities and the consequences of delaying infrastructural improvements in other areas; (e) the ability to prevent or minimise existing adverse effects having regard to the effectiveness and timeframes of other feasible methods, including land use controls; (f) opportunities to integrate with other major infrastructure projects or works; (g) the need to maintain and optimise existing stormwater networks and provide for planned land use and development; and (h) operational requirements and space limitations. Wastewater (17) Avoid the discharge of wastewater to the coastal marine area and to freshwater, unless: Auckland Unitary Plan Operative in part 7 E1 Water quality and integrated management (a) alternative methods, sites and routes for the discharge have been considered and are not the best practicable option; (b) Mana Whenua have been consulted in accordance with tikanga Māori and due weight has been given to section 6, section 7 and section 8 of the Resource Management Act 1991; (c) the affected community has been consulted regarding the suitability of the treatment and disposal system to address any environmental effects; (d) the extent to which adverse effects have been avoided, remedied or mitigated on areas of: (i) high recreational use, or that are used for fishing or shellfish gathering; (ii) areas of maintenance dredging; (iii) commercial or residential waterfront development; (iv) high ecological value; and (v) marine farms.
E3 Lakes, rivers, streams and wetlands E3.2. Objectives [rp] (1) Auckland's lakes, rivers, streams and wetlands with high natural values are protected from degradation and permanent loss. (2) Auckland's lakes, rivers, streams and wetlands are restored, maintained or enhanced. (3) Significant residual adverse effects on lakes, rivers, streams or wetlands that cannot be avoided, remedied or mitigated are offset where this will promote the purpose of the Resource Management Act 1991. (4) Structures in, on, under or over the bed of a lake, river, stream or wetland are provided for where there are functional or operational needs for the structure to be in that location, or traverse that area. (5) Activities in, on, under or over the bed of a lake, river, stream and wetland are managed to minimise adverse effects on the lake, river, stream or wetland. (6) Reclamation and drainage of the bed of a lake, river, stream and wetland is avoided, unless there is no practicable alternative. E3.3. Policies [rp] General (1) Avoid significant adverse effects, and avoid where practicable or otherwise remedy or mitigate other adverse effects of activities in, on, under or over the beds of lakes, rivers, streams or wetlands within the following overlays: (a) D4 Natural Stream Management Areas Overlay; (b) D5 Natural Lake Management Areas Overlay; (c) D6 Urban Lake Management Areas Overlay; (d) D9 Significant Ecological Areas Overlay; and (e) D8 Wetland Management Areas Overlay. (2) Manage the effects of activities in, on, under or over the beds of lakes, rivers, streams or wetlands outside the overlays identified in Policy E3.3(1) by: (a) avoiding where practicable or otherwise remedying or mitigating any adverse effects on lakes, rivers, streams or wetlands; and (b) where appropriate, restoring and enhancing the lake, river, stream or wetland. (3) Enable the enhancement, maintenance and restoration of lakes, rivers, streams or wetlands. (4) Restoration and enhancement actions, which may form part of an offsetting proposal, for a specific activity should: (a) be located as close as possible to the subject site; (b) be ‘like-for-like’ in terms of the type of freshwater system affected; (c) preferably achieve no net loss or a net gain in the natural values including ecological function of lakes, rivers, streams or wetlands; and (d) consider the use of biodiversity offsetting as outlined in Appendix 8 Biodiversity offsetting. Note 1 When having regard to Policy E3.3 above, the following documents or any updated version of them should be referred to: • Auckland Council Technical Report 2011/009: Stream Ecological Valuation (SEV): a method for assessing the ecological functions of Auckland Streams (October 2011) for guidance on how the location and extent of any offset may be calculated and assessed; and • Guidance on Good Practice Biodiversity Offsetting in New Zealand, New Zealand Government et al, August 2014. Neither of these reference documents has precedence. An acceptable offsetting proposal may combine elements from both documents. (5) Avoid significant adverse effects, and avoid, remedy or mitigate other adverse effects of activities in, on, under or over the beds of lakes, rivers, streams or wetlands on: (a) the mauri of the freshwater environment; and (b) Mana Whenua values in relation to the freshwater environment. (6) Manage the adverse effects on Mana Whenua cultural heritage that is identified prior to, or discovered during, subdivision, use and development by: (a) complying with the protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin; (b) undertaking appropriate actions in accordance with mātauranga and tikanga Māori; and (c) undertaking appropriate measures to avoid adverse effects, or where adverse effects cannot be avoided, effects are remedied or mitigated. Disturbance and depositing of any substance (9) Provide for the excavation, drilling, tunnelling, thrusting or boring or other disturbance, and the depositing of any substance in, on or under the bed of a lake, river, stream or wetland, where it complies with all of the following: (a) there is no practicable alternative method or location for undertaking the activity outside the lake, river, stream or wetland; (b) the activity is required for any of the following: (i) as part of an activity designed to restore or enhance the natural values of any lake, river, stream or wetland, or any adjacent area of indigenous vegetation or habitat of indigenous fauna; (ii) to maintain and/or enhance public access to, over and along any lake, river, stream or wetland and associated margins; (iii) to provide access across a lake, river, stream or wetland; (iv) for the operation, use, maintenance, repair, development or upgrade of infrastructure; (v) to restore, maintain or improve access to wharves and jetties or mooring areas, or to maintain the navigation and safety of existing channels; (vi) to reduce the risk of occurrence or the potential adverse effects of flooding, erosion, scour or sediment depositing; (vii) for the reasonable use of production land; or (viii) to undertake mineral extraction activities and mitigation and following that, offsetting can be practicably implemented. (c) the disturbance avoids significant adverse effects and avoids, remedies or mitigates other adverse effects on Mana Whenua values associated with freshwater resources, including wāhi tapu, wāhi taonga and mahinga kai. Planting of plants (10) Enable the planting of any plant, excluding pest species, in, on, or under the bed of a lake, river, stream or wetland where it is suitable for habitat establishment, restoration or enhancement, the maintenance and enhancement of amenity values, flood or erosion protection or stormwater runoff control provided it does not create or exacerbate flooding. (11) Encourage the planting of plants that are native to the area. (12) Encourage the incorporation of Mana Whenua mātauranga, values and tikanga in any planting in, on, or under the bed of a lake, river, stream or wetland. E3.8.2. Assessment criteria The Council will, in addition to the relevant policies, consider the relevant assessment criteria below for restricted discretionary activities: (1) all restricted discretionary activities including diversion of a river or stream associated with mineral extraction activities within the H28 Special Purpose - Quarry Zone: (a) whether the proposal has avoided, remedied or mitigated potential adverse effects, including hydrological, hydraulic and ecological effects; (b) whether any adverse effects that cannot be avoided, remedied or mitigated have been adequately off-set; Auckland Unitary Plan Operative in part 23 E3 Lakes, rivers, streams and wetlands (c) whether the ongoing provision of, or creation of, fish passage is necessary and how it has been provided; (d) whether the proposal avoids adverse effects on any scheduled historic heritage place; (e) whether any adverse effects on Mana Whenua values are avoided, remedied or mitigated; (f) whether any proposal avoids more than minor bank erosion, stream bed erosion, and land instability effects; (g) whether any proposal retains sufficient stream flow conveyance capacity for all flows from base flow to flood flows; (h) whether any planting and enhancement is established in accordance with best practice, having regard to relevant industry or Auckland Council guidelines; (i) whether the natural character of the stream is maintained or enhanced; (j) the extent to which the stream’s ecological functions are enhanced; and (k) whether any adverse effects on Mana Whenua values are avoided, remedied or mitigated.
E8 Stormwater – Discharge and Diversion Refer to E1 for Objectives and Policies E8.8.2. Assessment criteria The Council will have regard to the following policies when considering the matters listed above: (1) for diversion of stormwater runoff from lawfully established impervious areas directed into an authorised stormwater network or a combined sewer network that does not comply with Standard E8.6.2.1: (a) policies E1.3 (8), (9), (10), (11), (13), (14) and (20) in E1 Water quality and integrated management (2) for diversion and discharge of stormwater runoff from additional impervious areas greater than 5,000m2 of road (which include road ancillary areas that are part of a road, motorway or state highway operated by a road controlling authority) or rail corridor: (a) policies E1.3(1) to (14) in E1 Water quality and integrated management
E11 and E12 Land Disturbance E11 Regional E11.2. Objectives [rp] (1) Land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment. (2) Sediment generation from land disturbance is minimised. (3) Land disturbance is controlled to achieve soil conservation. E11.3. Policies [rp] (1) Avoid where practicable, and otherwise mitigate, or where appropriate, remedy adverse effects on areas where there are natural and physical resources that have been scheduled in the Plan in relation to natural heritage, Mana Whenua, natural resources, coastal environment, historic heritage and special character. (2) Manage land disturbance to: (a) retain soil and sediment on the land by the use of best practicable options for sediment and erosion control appropriate to the nature and scale of the activity; (b) manage the amount of land being disturbed at any one time, particularly where the soil type, topography and location is likely to result in increased sediment runoff or discharge; (c) avoid, remedy and mitigate adverse effects on accidentally discovered sensitive material; and (d) maintain the cultural and spiritual values of Mana Whenua in terms of land and water quality, preservation of wāhi tapu, and kaimoana gathering. (3) Manage the impact on Mana Whenua cultural heritage that is discovered undertaking land disturbance by: (a) requiring a protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin; (b) undertaking appropriate actions in accordance with mātauranga and tikanga Māori; and (c) undertaking appropriate measures to avoid adverse effects. Where adverse effects cannot be avoided, effects are remedied or mitigated. (4) Enable land disturbance necessary for a range of activities undertaken to provide for people and communities social, economic and cultural well-being, and their health and safety. (5) Design and implement earthworks with recognition of existing environmental site constraints and opportunities, specific engineering requirements, and implementation of integrated water principles. (6) Require that earthworks are designed and undertaken in a manner that ensures the stability and safety of surrounding land, buildings and structures. (7) Require any land disturbance that will likely result in the discharge of sediment laden water to a surface water body or to coastal water to demonstrate that sediment discharge has been minimised to the extent practicable, having regard to the quality of the environment; with: (a) any significant adverse effects avoided, and other effects avoided, remedied or mitigated, particularly in areas where there is: (i) high recreational use; (ii) relevant initiatives by Mana Whenua, established under regulations relating to the conservation or management of fisheries, including taiāpure, rāhui or whakatupu areas; (iii) the collection of fish and shellfish for consumption; (iv) maintenance dredging; or (v) a downstream receiving environment that is sensitive to sediment accumulation; (b) adverse effects avoided as far as practicable within areas identified as sensitive because of their ecological values, including terrestrial, freshwater and coastal ecological values; and (c) the receiving environments ability to assimilate the discharged sediment being taken into account. (8) Monitor the quality of fresh and coastal water bodies across the region and the effects of land disturbance on water quality and receiving environments. E11.8.2. Assessment criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities: (1) All restricted discretionary activities: (a) whether applicable standards are complied with; (b) the proximity of the earthworks to any water body and the extent to which erosion and sediment controls and the proposed construction methodology will adequately avoid or minimise adverse effects on: (i) water quality including of the coastal marine area; (ii) ecological health including of the coastal marine area; (iii) riparian margins; (iv) the mauri of water; and (v) the quality of taiāpure or mahinga mātaitai. (c) the extent to which the earthworks minimises soil compaction, other than where it benefits geotechnical or structural performance; (d) the proximity of the earthworks to areas of significant ecological value and the extent the design, location and execution of the works provide for the maintenance and protection of these areas; (e) whether monitoring the volume and concentration of sediment that may be discharged by the activity is appropriate within the scale of the proposed land disturbance; and (f) whether the extent or impacts of adverse effects from the land disturbance can be mitigated by managing the duration, season or staging of such works. (g) the extent to which appropriate methods are used to prevent the spread of total control pest plants or unwanted organisms (as listed under the Biosecurity Act 1993), such as kauri dieback disease. (2) Additional assessment criteria for land disturbance within the Significant Ecological Areas Overlay or Water Supply Management Areas Overlay: (a) whether the land disturbance proposed within a Significant Ecological Areas Overlay or Water Supply Management Areas Overlay are undertaken so they have no adverse effect, or minor adverse effect, on the aquatic and terrestrial ecology and wildlife of the area and in particular, where relevant: (i) nesting, feeding and breeding of species; (ii) biological processes; (iii) connections between ecosystems; (iv) the diversity of species; (v) the habitat of threatened or protected species, both terrestrial and aquatic; (vi) rare habitat, threatened habitat or at risk habitat; (vii) sand dune ecosystems; (viii) buffering of indigenous ecosystems; or (ix) cumulative effects. (b) within the Water Supply Management Areas Overlay, how potential adverse effects on water quality within water supply catchments will be avoided, remedied or mitigated; and (c) the extent to which adverse effects on ecological and indigenous biodiversity values have been avoided or minimised.
E12 District E12.2. Objectives (1) Land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment. E12.3. Policies (1) Avoid where practicable, and otherwise, mitigate, or where appropriate, remedy adverse effects of land disturbance on areas where there are natural and physical resources that have been scheduled in the Plan in relation to natural heritage, Mana Whenua, natural resources, coastal environment, historic heritage and special character. (2) Manage the amount of land being disturbed at any one time, to: (a) avoid, remedy or mitigate adverse construction noise, vibration, odour, dust, lighting and traffic effects; (b) avoid, remedy and mitigate adverse effects on accidentally discovered sensitive material; and (c) maintain the cultural and spiritual values of Mana Whenua in terms of land and water quality, preservation of wāhi tapu, and kaimoana gathering. (3) Enable land disturbance necessary for a range of activities undertaken to provide for people and communities social, economic and cultural well-being, and their health and safety. (4) Manage the impact on Mana Whenua cultural heritage that is discovered undertaking land disturbance by: Auckland Unitary Plan Operative in part 1 E12 Land disturbance – District (a) requiring a protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin; (b) undertaking appropriate actions in accordance with mātauranga and tikanga Māori; and (c) undertaking appropriate measures to avoid adverse effects, or where adverse effects cannot be avoided, effects are remedied or mitigated. (5) Design and implement earthworks with recognition of existing environmental site constraints and opportunities, specific engineering requirements, and implementation of integrated water principles. (6) Require that earthworks are designed and undertaken in a manner that ensures the stability and safety of surrounding land, buildings and structures.
E12.8.2. Assessment criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities: (1) all restricted discretionary activities: (a) whether applicable standards are complied with; (b) the extent to which the earthworks will generate adverse noise, vibration, odour, dust, lighting and traffic effects on the surrounding environment and the effectiveness of proposed mitigation measures; (c) whether the earthworks and any associated retaining structures are designed and located to avoid adverse effects on the stability and safety of surrounding land, buildings, and structures; (d) whether the earthworks and final ground levels will adversely affect overland flow paths or increase potential volume or frequency of flooding within the site or surrounding sites; (e) whether a protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin has been provided and the effectiveness of the protocol in managing the impact on Mana Whenua cultural heritage if a discovery is made; (f) whether the extent or impacts of adverse effects from the land disturbance can be mitigated by managing the duration, season or staging of such works; (g) the extent to which the area of the land disturbance is minimised, consistent with the scale of development being undertaken; (h) the extent to which the land disturbance is necessary to provide for the functional or operational requirements of the network utility installation, repair or maintenance; (i) the extent of risks associated with natural hazards and whether the risks can be reduced or not increased; (j) whether the land disturbance and final ground levels will adversely affect existing utility services; (k) the extent to which the land disturbance is necessary to accommodate development otherwise provided for by the Plan, or to facilitate the appropriate use of land in the open space environment, including development proposed in a relevant operative reserve management plan or parks management plan; (l) for land disturbance near Transpower New Zealand Limited transmission towers: (i) the outcome of any consultation with Transpower New Zealand Limited; and (ii) the risk to the structural integrity of transmission lines. (m) the extent to which earthworks avoid, minimise, or mitigate adverse effects on any archaeological sites that have been identified in the assessment of effects. (2) additional assessment criteria for land disturbance within overlay areas: (a) within the Outstanding Natural Character and High Natural Character Overlay or the Outstanding Natural Landscapes Overlay: (i) the extent to which the land disturbance, its design, location and execution provide for the maintenance and protection of: • protected trees; • cliff faces/cliff tops; and • identified landscape features (ii) the extent to which the proposal will adversely affect amenity and identified natural character values, and whether the proposed mitigation measures can ensure there will be no more than minor effects on: • amenity values or views, both from land and sea; • landscape and natural character values; and • people's experience and values associated with an area, including the predominance of nature and wilderness values. (iii) the extent to which there are adverse visual and or ecological effects from any land disturbance, associated with creating farm tracks, driveways or other servicing requirements; (iv) the extent to which the activity impacts on Mana Whenua values; (v) the extent to which the functional need for farm tracks, driveways or other servicing requirements to be in the location proposed; and (vi) the objectives and policies in D10 Outstanding Natural Landscapes Overlay and D11 Outstanding Natural Character and High Natural Character Overlay. (b) within the Historic Heritage Overlay; (i) the extent to which the land disturbance, its design, location and execution provide for the maintenance and protection of heritage sites. (c) within the Sites and Places of Significance to Mana Whenua Overlay: (i) whether the proposal will protect the relationship of Mana Whenua with their cultural heritage by: • avoiding the physical destruction in whole or in part of the site or place of significance to Mana Whenua; • avoiding significant adverse effects on the values and associations of Mana Whenua with the site or place; • where relevant, recognising and providing for the outcomes articulated by Mana Whenua through the cultural impact assessment process and within iwi planning documents; • incorporating mātauranga, tikanga and Mana Whenua values, including spiritual values; • demonstrating consideration of practicable alternative methods, locations or designs which would avoid or reduce the impact on the values of scheduled sites and places of significance to Mana Whenua; or • demonstrating consideration of practical mechanisms to maintain or enhance the ability to access and use the scheduled site or feature for karakia, monitoring, customary purposes and ahikā roa by Mana Whenua. (d) within the Outstanding Natural Features Overlay: (i) whether the nature, form and extent of the proposed works or activity adversely affects the feature or features for which the item was scheduled; (ii) whether the activity will interfere with natural processes e.g. hydrology or adverse effects on nature and form of sand dunes; (iii) whether the proposed works or activity cause adverse visual effects or adversely affect landscape values; (iv) the degree to which the feature or features have already been modified so that further modification will not cause significant additional loss of geological value; (v) the extent to which the proposed works will protect the feature from further damage, such as erosion protection, or remediate it from previous damage. This excludes potential damage from the activity for which consent is sought; (vi) whether the proposed land disturbance is for an activity which has a functional or operational need to be in the location proposed; and (vii) the objectives and policies in D10 Outstanding Natural Features Overlay (3) additional assessment criteria for land disturbance that disturbs lava cavities more than 1m diameter along any axis or fossils or sub-fossils: (a) the extent to which adverse effects on the features can be avoided or mitigated having regard to: (i) the provision of a satisfactory record of the location, extent and any notable aspects of the feature; (ii) the documentation, recovery and preservation of materials of scientific or educational importance; and (iii) whether access can be maintained to significant lava caves once the works are completed.
E13 Cleanfills, managed fills and landfills The objectives and policies applying to the zone are as follows: E13.2. Objectives [rp] (1) Cleanfills, managed fills and landfills are sited, designed and operated so that adverse effects on the environment, are avoided, remedied or mitigated. (2) Human health is protected from the adverse effects of operational or closed cleanfills, managed fills and landfills. E13.3. Policies [rp] (1) Avoid significant adverse effects and remedy or mitigate other adverse effects of cleanfills, managed fills and landfills on lakes, rivers, streams, wetlands, groundwater and the coastal marine area. (2) Require cleanfills, managed fills and landfills to be sited, and where appropriate, designed and constructed, to avoid the risk of land instability. (3) Require cleanfills, managed fills and landfills to be designed and operated in accordance with relevant industry best practice. (4) Avoid adverse effects from new landfills. (5) Manage closed managed fills and landfills (including the closure of) to: (a) protect the integrity of the site including the containment of contaminants; and (b) require aftercare that is appropriate to the nature and requirements of the site including the type of material that was deposited during its operative period. E13.8.2 Assessment Criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities: (1) discharges from cleanfills that do not comply with Standard E13.6.2.1: (a) the extent to which the proposal will avoid, remedy or mitigate any adverse effects from actual and potential discharges from the cleanfill; (b) the extent to which the site investigation report and site management plan include measures to avoid, remedy or mitigate known or potential adverse effects including: (i) preventative measures prior to establishment, operation or discharge; (ii) site management, including how the importation of material to the site will be controlled; and (iii) protection of lakes, rivers, streams, wetlands, groundwater and the coastal marine area. (2) discharges from managed fills that do not comply with Standard E13.6.2.2: (a) the extent to which the proposal will avoid, remedy or mitigate any adverse effects from actual and potential discharges from the managed fill. (b) the extent to which the site investigation report and site management plan include measures to avoid, remedy or mitigate known or potential adverse effects including: (i) preventative measures prior to establishment, operation or discharge; (ii) site management, including how the importation of material to the site will be controlled; (iii) protection of lakes, rivers, streams, wetlands, groundwater and the coastal marine area; and (iv) aftercare of the managed fill.
E15 Vegetation Management and Biodiversity E15.2. Objectives [rcp/rp/dp] (1) Ecosystem services and indigenous biological diversity values, particularly in sensitive environments, and areas of contiguous indigenous vegetation cover, are maintained or enhanced while providing for appropriate subdivision, use and development. (2) Indigenous biodiversity is restored and enhanced in areas where ecological values are degraded, or where development is occurring. E15.3. Policies [rcp/rp/dp] (1) Protect areas of contiguous indigenous vegetation cover and vegetation in sensitive environments including the coastal environment, riparian margins, wetlands, and areas prone to natural hazards. (2) Manage the effects of activities to avoid significant adverse effects on biodiversity values as far as practicable, minimise significant adverse effects where avoidance is not practicable, and avoid, remedy or mitigate any other adverse effects on indigenous biological diversity and ecosystem services, including soil conservation, water quality and quantity management, and the mitigation of natural hazards. (3) Encourage the offsetting of any significant residual adverse effects on indigenous vegetation and biodiversity values that cannot be avoided, remedied or mitigated, through protection, restoration and enhancement measures, having regard to Policy E15.3(4) below and Appendix 8 Biodiversity offsetting. (4) Protect, restore, and enhance biodiversity when undertaking new use and development through any of the following: (a) using transferable rural site subdivision to protect areas in Schedule 3 Significant Ecological Areas -Terrestrial Schedule; (Under Appeal) (b) requiring legal protection, ecological restoration and active management techniques in areas set aside for the purposes of mitigating or offsetting adverse effects on indigenous biodiversity; or (c) linking biodiversity outcomes to other aspects of the development such as the provision of infrastructure and open space. (5) Enable activities which enhance the ecological integrity and functioning of areas of vegetation, including for biosecurity, safety and pest management and to control kauri dieback. (6) Enable vegetation management to provide for the operation and routine maintenance needs of activities. (7) Manage any adverse effects from the use, maintenance, upgrading and development of infrastructure in accordance with the policies in E15.3, recognising that it is not always practicable to locate or design infrastructure to avoid areas with indigenous biodiversity values. (8) Recognise and provide for the management and control of kauri dieback as a means of maintaining indigenous biodiversity. (9) Avoid activities in the coastal environment where they will result in any of the following: (a) non-transitory or more than minor adverse effects on: (i) threatened or at risk indigenous species (including Maui’s Dolphin and Bryde’s Whale); (ii) the habitats of indigenous species that are at the limit of their natural range or which are naturally rare; (iii) threatened or rare indigenous ecosystems and vegetation types, including naturally rare ecosystems and vegetation types; (iv) areas containing nationally significant examples of indigenous ecosystems or indigenous community types; or (v) areas set aside for full or partial protection of indigenous biodiversity under other legislation, including the West Coast North Island Marine Mammal Sanctuary. (b) any regular or sustained disturbance of migratory bird roosting, nesting and feeding areas that is likely to noticeably reduce the level of use of an area for these purposes; (c) the deposition of material at levels which would adversely affect the natural ecological functioning of the area; or (d) fragmentation of the values of the area to the extent that its physical integrity is lost. (10) Avoid (while giving effect to Policy E15(9) above) activities in the coastal environment which result in significant adverse effects, and avoid, remedy or mitigate other adverse effects of activities, on: (a) areas of predominantly indigenous vegetation; (b) habitats that are important during the vulnerable life stages of indigenous species; (c) indigenous ecosystems and habitats that are found only in the coastal environment and are particularly vulnerable to modification, including estuaries, lagoons, coastal wetlands, dunelands, intertidal zones, rocky reef systems, eelgrass and saltmarsh; (d) habitats of indigenous species that are important for recreational, commercial, traditional or cultural purposes including fish spawning, pupping and nursery areas; (e) habitats, including areas and routes, important to migratory species; (f) ecological corridors, and areas important for linking or maintaining biological values; or (g) water quality such that the natural ecological functioning of the area is adversely affected. E15.8.2. Assessment criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: (1) all restricted discretionary activities: (a) ecological values: (i) the extent to which the vegetation alteration or removal is minimised and adverse effects on the ecological and indigenous biodiversity values of the vegetation are able to be avoided, remedied or mitigated; (ii) whether vegetation removal will have an adverse effect on threatened species or ecosystems; and (iii) the extent to which the proposal for vegetation alteration or removal has taken into account relevant objectives and policies in Chapter B7.2 Indigenous biodiversity, B4. Natural heritage, Chapter E18 Natural character of the coastal environment and E19 Natural features and natural landscapes in the coastal environment. PC 4 s86B (b) hazard mitigation: (i) the extent to which the vegetation serves to avoid or mitigate natural hazards and the amount of vegetation to be retained or enhanced; (ii) the extent to which the vegetation alteration or removal will increase natural hazard risks; and (iii) whether the vegetation alteration or removal is necessary to mitigate an identified bushfire risk. (c) sediment, water quality and hydrology: (i) the extent to which vegetation alteration or removal will adversely affect soil conservation, water quality and the hydrological function of the catchment and measures to avoid remedy or mitigate any adverse effects. (d) landscape, natural features and natural character values: (i) the extent to which vegetation alteration or removal will have adverse effects on the values identified for scheduled outstanding natural landscape, outstanding natural features, outstanding natural character and high natural character areas; and (ii) the extent to which vegetation alteration or removal adversely affects landscape, natural features and natural character values particularly on adjacent public space including the coast, reserves and walkways and measures to avoid, remedy or mitigate any adverse effects. (e) amenity values: (i) the extent to which the vegetation alteration or removal will have adverse effects on the amenity values of any adjacent open space including the coast, parks, reserves and walkways and measures to avoid, remedy or mitigate any adverse effects. (f) Use: (i) whether the vegetation alteration or removal is necessary to enable reasonable use of a site for a building platform and associated access, services and living areas, and existing activities on the site; (ii) the extent to which the vegetation alteration removal is necessary taking into account the need for, or purpose of, the proposed building or structure; (iii) the extent to which the vegetation alteration or removal is necessary to enable reasonable use of the site for farming purposes; (iv) whether the vegetation alteration or removal will improve the reliance and security of the network utility, or road network; (v) whether the vegetation alteration or removal is necessary for a structure that has a functional or operational need to be in the proposed location; and (vi) the extent of the benefits derived from infrastructure and the road network. (g) methods and location: (i) whether there are practicable alternative locations and methods including consideration of an application to infringe development control where this would result in retention and enhancement of vegetation on the site; and (ii) whether the effects from the alteration or removal of vegetation and land disturbance can be minimised through works being undertaken on an alternative location on the site, and/or method of undertaking the works. (h) mitigation measures: (i) the extent to which revegetation can remedy or mitigate adverse effects, including eco-sourcing and the ongoing maintenance of revegetation measures. (i) bonds and covenants: (i) whether conditions of consent can avoid remedy or mitigate adverse effects including the imposition of bonds, covenants or similar instruments. (j) Mana Whenua values: (i) the extent to which any adverse effects on Mana Whenua values can be avoided, remedied or mitigated, and having regard to the objectives and policies in E20 Māori Land whether the proposed works are appropriate to provide for Mana Whenua, mātauranga and tikanga values. (2) additional criteria for vegetation alteration or removal within an Outstanding Natural Features Overlay, Outstanding Natural Character Overlay, High Natural Character Overlay or the Outstanding Natural Landscapes Overlay on Māori land or Treaty Settlement Land for one marae complex per site and up to 30 dwellings and activities associated with a marae complex or papakāinga (a) Location, mitigation and Mana Whenua values: (i) whether there are practicable alternative locations for the development on the site outside of an overlay; (ii) the extent to which vegetation alteration or clearance can be carried out in a way that reduces its impact on the values of an overlay; and (iii) whether the location of development is appropriate to provide for Mana Whenua, mātauranga and tikanga values. (3) Vegetation alteration or removal of an SEA within a Quarry Zone (a) whether the proposed measures, including staging and rehabilitation, will minimise or mitigate significant adverse effects, partially offset residual adverse effects or provide for positive environmental benefits through: (i) actions undertaken in advance of vegetation removal; (ii) areas of indigenous planting; (iii) the ratio, quality and type of new indigenous planting in relation to the established vegetation to be removed; (iv) the translocation of any indigenous plant and animal species; (v) the opportunity to establish ecological linkages with existing vegetation and/or habitats; (vi) ongoing programmes of weed and pest control; and (vii) fencing and stock removal. (b) whether the proposed mitigation measures implement the ‘no net loss principle’ (c) whether the vegetation proposed to be removed forms part of an ecological corridor, or is adjacent to a watercourse and acts as a filter for sediment and water runoff, or protect threatened plants or animal species and whether the activity will significantly adversely affect these values (d) whether the scale or location of the activity will significantly affect water quality or quantity and the habitat value of waterways or wetlands (e) whether the activity is necessary to enable continued efficient operation of the mineral extraction site. E27 Transport E27.2. Objectives (1) Land use and all modes of transport are integrated in a manner that enables: (a) the benefits of an integrated transport network to be realised; and (b) the adverse effects of traffic generation on the transport network to be managed. (2) An integrated transport network including public transport, walking, cycling, private vehicles and freight, is provided for. (3) Parking and loading supports urban growth and the quality compact urban form. (4) The provision of safe and efficient parking, loading and access is commensurate with the character, scale and intensity of the zone. (5) Pedestrian safety and amenity along public footpaths is prioritised. (6) Road/rail crossings operate safely with neighbouring land use and development. E27.3. Policies (1) Require subdivision, use and development which: (a) generate trips resulting in potentially more than minor adverse effects on the safe, efficient and effective operation of the transport network; (b) are proposed outside of the following zones: (i) the Business – City Centre Zone, Business – Metropolitan Centre Zone, Business – Town Centre Zone; (ii) Residential – Terrace Housing and Apartment Buildings Zone; Auckland Unitary Plan Operative in part 3 E27 Transport (iii) the Centre Fringe Office Control as shown on the planning maps; or (c) do not already require an integrated transport assessment or have been approved based on an integrated transport assessment to manage adverse effects on and integrate with the transport network by measures such as travel planning, providing alternatives to private vehicle trips, staging development or undertaking improvements to the local transport network. (2) Require major proposals for discretionary consent to prepare an integrated transport assessment including provision for pedestrians, cyclists, public transport users, freight and motorists. Parking (3) Manage the number, location and type of parking and loading spaces, including bicycle parking and associated end-of-trip facilities to support all of the following: (a) the safe, efficient and effective operation of the transport network; (b) the use of more sustainable transport options including public transport, cycling and walking; (c) the functional and operational requirements of activities; (d) the efficient use of land; (e) the recognition of different activities having different trip characteristics; and (f) the efficient use of on-street parking. (4) Limit the supply of on-site parking in the Business – City Centre Zone to support the planned growth and intensification and recognise the existing and future accessibility of this location to public transport, and support walking and cycling. (5) Limit the supply of on-site parking for office development in all locations to: (a) minimise the growth of private vehicle trips by commuters travelling during peak periods; and (b) support larger-scale office developments in the Business – City Centre Zone, Centre Fringe Office Control area, Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Business Park Zone. (6) Provide for flexible on-site parking in the Business – Metropolitan Centre Zone, Business – Town Centre Zone, Business – Local Centre Zone and Business – Mixed Use Zone (with the exception of specified non-urban town and local centres and the Mixed Use Zone adjacent to those specified centres) by: (a) not limiting parking for subdivision, use and development other than for office activities, education facilities and hospitals. (b) not requiring parking for subdivision, use and development other than for retail (excluding marine retail and motor vehicle sales) and commercial service activities. (6A) Enable the reduction of on-site parking for retail and commercial services activities in the Business-Metropolitan Centre Zone, Business-Town Centre Zone, Business- Local Centre Zone and Business-Mixed Use Zone where a suitable public off-site parking solution is available and providing for no or reduced on-site parking will better enable the built form outcomes anticipated in these zones. (7) Provide for flexible on-site parking by not limiting or requiring parking for subdivision, use and development (excluding office) in the Centre Fringe Office Control area, Residential – Terrace Housing and Apartment Buildings Zone and Residential – Mixed Housing Urban Zone (studio and one bedroom dwellings). (8) Require all other subdivision, use and development to provide a minimum level of on-site parking in recognition of the more limited alternatives to private vehicle travel unless it can be demonstrated that a lesser amount of on-site parking is needed for a particular site or proposal or the provision of on-site parking would be inconsistent with the protection of Historic Heritage or Special Character overlays. (9) Provide for flexible approaches to parking, which use land and parking spaces more efficiently, and reduce incremental and individual parking provision. (10) Provide for non-accessory parking where: (a) the proposal and the type of parking will reinforce the efficient use of land or planned growth and intensification provided for in this plan for the site or locality; and (b) there is an undersupply or projected undersupply of parking to service the area having regard to all of the following: (i) the efficient use of land to rationalise or consolidate parking resources in centres; (ii) the availability of alternative transport modes, particularly access to the existing and planned public transport; (iii) the type of parking proposed; (iv) existing parking survey information; and (v) the type of activities in the surrounding area and their trip characteristics. (11) Discourage the development of long-term non-accessory parking in the Business – City Centre Zone and the Centre Fringe Office Control as shown on the planning maps to: (a) recognise and support the high level of accessibility these areas have to the public transport; and (b) minimise the growth in private vehicle trips by commuters during peak periods. (12) Control the development of long-term non-accessory parking in the Business – Metropolitan Centre Zone, Business – Town Centre Zone, Business – Local Centre Zone and in the Business – Mixed Use Zone so that the parking does not undermine: (a) the efficient use of land or growth and intensification provided for in this plan for the site or locality; and (b) the use of public transport in these zones. (13) Provide for park-and-ride and public transport facilities which are located and designed to support the public transport network by: (a) locating in proximity to public transport stations, stops and terminals; (b) growing public transport patronage to assist in relieving congested corridors by encouraging commuters to shift to public transport; (c) making public transport easier and more convenient to use, thereby attracting new users; (d) improving the operational efficiency of the public transport network; (e) extending the catchment for public transport into areas of demand where it is not cost-effective to provide traditional services or feeders; (f) reinforcing existing and future investments on the public transport network; and (g) providing free, secure and covered parking for bicycles. (14) Support increased cycling and walking by: (a) requiring larger developments to provide bicycle parking; (b) requiring end-of-trip facilities, such as showers and changing facilities, to be included in office, educational and hospital developments with high employee or student numbers; and (c) providing for off-road pedestrian and bicycle facilities to complement facilities located within the road network. Loading (15) Require access to loading facilities to support activities and minimise disruption on the adjacent transport network. (16) Provide for on-site or alternative loading arrangements, including on-street loading or shared loading areas, particularly in locations where it is desirable to limit access points for reasons of safety, amenity and road operation. Design of parking and loading (17) Require parking and loading areas to be designed and located to: (a) avoid or mitigate adverse effects on the amenity of the streetscape and adjacent sites; (b) provide safe access and egress for vehicles, pedestrians and cyclists; (c) avoid or mitigate potential conflicts between vehicles, pedestrians and cyclists; and (d) in loading areas, provide for the separation of service and other vehicles where practicable having regard to the functional and operational requirements of activities. (18) Require parking and loading areas to be designed so that reverse manoeuvring of vehicles onto or off the road does not occur in situations which will compromise: (a) the effective, efficient and safe operation of roads, in particular arterial roads; (b) pedestrian safety and amenity, particularly within the centre zones and Business – Mixed Use Zone; and (c) safe and functional access taking into consideration the number of parking spaces served by the access, the length of the driveway and whether the access is subject to a vehicle access restriction. (19) Require park-and-ride, non-accessory parking and off-site parking facilities and their access points to: (a) be compatible with the planning and design outcomes identified in this plan for the relevant zone; (b) take into account the implementation of any relevant future transport projects or changes to the transport network identified in any statutory document (including the Long Term Plan or Regional Land Transport Plan) where implementation is likely; (c) be accessible, safe and secure for users with safe and attractive pedestrian connections within the facility and to adjacent public footpaths; (d) provide an attractive interface between any buildings, structures or atgrade parking areas and adjacent streets and public open spaces. Depending on location and scale, this may include: (i) maintaining an active frontage through sleeving and/or an interesting appearance through use of architectural treatments so that the facility contributes positively to the pedestrian amenity and to any retail, commercial or residential uses along the road it fronts; (ii) appropriate screening, such as exterior panelling, for any parking building; and (iii) planting and other landscaping. (e) provide for any buildings to be adapted or readily dismantled for other uses if no longer required for parking. In particular, the floor-to-ceiling height of a parking building at street level should be capable of conversion to other activities provided for in the zone; and (f) be managed and operated so that the facility avoids adverse effects on the efficient, effective and safe operation of the transport network including: (i) the safety of pedestrians and cyclists; (ii) amenity for pedestrians; (iii) queuing on the road and conflict at access points to the facility; and (iv) the operation of public transport services and related infrastructure. Access (20) Require vehicle crossings and associated access to be designed and located to provide for safe, effective and efficient movement to and from sites and minimise potential conflicts between vehicles, pedestrians, and cyclists on the adjacent road network. (21) Restrict or manage vehicle access to and from sites adjacent to intersections, adjacent motorway interchanges, and on arterial roads, so that: (a) the location, number, and design of vehicle crossings and associated access provides for the efficient movement of people and goods on the road network; and (b) any adverse effect on the effective, efficient and safe operation of the motorway interchange and adjacent arterial roads arising from vehicle access adjacent to a motorway interchange is avoided, remedied or mitigated. (22) Restrict vehicle access across the Vehicle Access Restriction – General Control as shown on the planning maps within the Business – City Centre Zone to: (a) give high priority to pedestrian movement, safety and amenity along the main pedestrian streets in the Business – City Centre Zone; and (b) provide for continuity of building frontage and associated activities at street level. (23) Provide for the continued use of existing vehicle access affected by the Key Retail Frontage Control as shown on the planning maps and Vehicle Access Restriction – General Control in the Business – City Centre Zone where the effects of the activity and use of the vehicle access are the same or similar in character, intensity and scale which existed on 30 September 2013. (24) Control alterations to or rationalisation of existing vehicle access affected by the Key Retail Frontage Control and Vehicle Access Restriction – General Control in the Business – City Centre Zone where there is a change in the character, intensity or scale of the activity and use of the existing vehicle access. (25) Discourage new vehicle access across the Key Retail Frontage Control in the Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Mixed Use Zone to: (a) give high priority to pedestrian movement, safety and amenity; and (b) provide for continuity of building frontage and associated activities at street level. (26) Limit new vehicle access across the General Commercial Frontage Control as shown on the planning maps in the Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Mixed Use Zone to: (a) support pedestrian safety and amenity; and (b) provide for continuity of building frontage and associated activities at street level. E27.8.2. Assessment criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: (6) any activity or development which infringes the standards for bicycle parking and end-of-trip facilities in Standard E27.6.2(6) and Standard E27.6.2(7): (a) sufficient provision is made for cyclists and active modes and changes in demand for such facilities can be accommodated if the operation or use changes over time, having regard to: (i) the nature of the operation and the likely demand for long and shortterm cycle parking and end-of-trip facilities; (ii) the extent to which the bicycle parking facilities are designed and located to match the needs of the intended users; (iii) the extent to which adequate alternative, safe and secure bicycle parking and end of trip facilities (such as showers and lockers), that meet the needs of the intended users, are available in a nearby location that is readily accessible; (iv) the extent to which the parking can be provided and maintained in a jointly used bicycle parking area; or (b) the provision made for cyclists and active modes is practicable and adequate given site limitations and layout, arrangement of buildings and activities, users and operational requirements. (7) any activity or development which provides fewer than the minimum number of loading spaces under Standard E27.6.2(8): (a) effects of the loading arrangements proposed for the site on the safe and efficient operation of adjacent transport network; (b) the specific business practice, operation or type of customer associated with the proposed activities; (c) the extent to which an accessible and adequate on-street loading space is available nearby or can be created while having regard to other demands for kerbside use of the road; (d) the extent to which loading can be provided informally on site or on another site in the immediate vicinity; or (e) the extent to which the reduction in loading spaces will contribute to the efficient use of land and the growth and intensification provided for in this Plan. (8) any activity or development which infringes the standards for design of parking and loading areas or access under Standard E27.6.3: (a) effects on the safe and efficient operation of the adjacent transport network having regard to: (i) the effect of the modification on visibility and safe sight distances; (ii) existing and future traffic conditions including speed, volume, type, current accident rate and the need for safe manoeuvring; (iii) existing pedestrian numbers, and estimated future pedestrian numbers having regard to the level of development provided for in this Plan; or (iv) existing community or public infrastructure located in the adjoining road, such as bus stops, bus lanes, footpaths and cycleways. (b) effects on pedestrian amenity or the amenity of the streetscape, having regard to: (i) the effect of additional crossings or crossings which exceed the maximum width; or (ii) effects on pedestrian amenity and the continuity of activities and pedestrian movement at street level in the Business – City Centre Zone, Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Local Centre Zone. (c) the practicality and adequacy of parking, loading and access arrangements having regard to: PC 4 (See modifications) (i) site limitations, configuration of buildings and activities, user requirements and operational requirements; (i) the ability of the access to accommodate the nature and volume of traffic and vehicle types expected to use the access. This may include considering whether a wider vehicle crossing is required to: • comply with the tracking curve applicable to the largest vehicle anticipated to use the site regularly; • accommodate the traffic volumes anticipated to use the crossing, especially where it is desirable to separate left and right turn exit lanes; o the desirability of separating truck movements accessing a site from customer vehicle movements; o the extent to which reduced manoeuvring and parking space dimensions can be accommodated because the parking will be used by regular users familiar with the layout, rather than by casual users; (ii) any use of mechanical parking installation such as car stackers or turntables does not result in queuing beyond the site boundary; or (iii) any stacked parking is allocated and managed in such a way that it does not compromise the operation and use of the parking area. (9) use of an existing vehicle crossing where a Vehicle Access Restriction applies under Standard E27.6.4.1(1): (a) effect on the transport network: (i) effects of the location and design of the access on the safe and efficient operation of the adjacent transport network having regard to: • visibility and safe sight distances; • existing and future traffic conditions including speed, volume, type, current accident rate, and the need for safe manoeuvring; • proximity to and operation of intersections; • existing pedestrian numbers, and estimated future pedestrian numbers having regard to the level of development provided for in the this Plan; or • existing community or public infrastructure located in the adjoining road, such as bus stops, bus lanes and cycleways. (b) street and pedestrian amenity: (i) the effects on the continuity of activities and pedestrian movement at street level in the Business – City Centre Zone, Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Local Centre Zone; or (ii) the extent to which the existing crossing is to be upgraded as a part of the development so as to improve the visual amenity of the street. (10) construction of a new vehicle crossing where a Vehicle Access Restriction applies under Standard E27.6.4.1(1): (a) effect on the transport network: (i) effects of the location and design of the access on the safe and efficient operation of the adjacent transport network having regard to: • visibility and safe sight distances; • existing and future traffic conditions including speed, volume, type, current accident rate, and the need for safe manoeuvring; • proximity to and operation of intersections; • existing pedestrian numbers, and estimated future pedestrian numbers having regard to the level of development provided for in this Plan; or • existing community or public infrastructure located in the adjoining road, such as bus stops, bus lanes and cycleways. (b) street and pedestrian amenity: (i) whether the new crossing is part of a site redevelopment that increases the proportion of a site's frontage developed as an active edge; (ii) whether the new crossing enhances, or at least maintains, the appeal of the street as an environment where pedestrians have priority and are likely to enjoy spending time in; (iii) whether any new or relocated crossing should be is accompanied by mitigation measures to enhance overall pedestrian amenity this could include: • a reduction in overall vehicle crossing width; • weather protection for pedestrians; • significant enhancement to the visual interest of the site's frontage visible from the street; or • where appropriate, significant improvement in the width and or quality of the footpath. (11) construction or use of a vehicle crossing where a Vehicle Access Restriction applies: (a) this applies where a Vehicle Access Restriction is identified in Standard E27.6.4.1(2) and Standard E27.6.4.1(3), other than a Vehicle Access Restriction Level Crossing or a Vehicle Access Restriction Motorway Interchange: (i) effects of the location and design of the access on the safe and efficient operation of the adjacent transport network having regard to: • visibility and safe sight distances; • existing and future traffic conditions including speed, volume, type, current accident rate, and the need for safe manoeuvring; • proximity to and operation of intersections; • existing pedestrian numbers, and estimated future pedestrian numbers having regard to the level of development provided for in this Plan; • existing community or public infrastructure located in the adjoining road, such as bus stops, bus lanes and cycleways; (ii) the effects on the continuity of activities and pedestrian movement at street level in the Business – City Centre Zone, Business – Metropolitan Centre Zone, Business – Town Centre Zone and Business – Local Centre Zone; or (iii) the practicability and adequacy of the access arrangements considering site limitations, arrangement of buildings and activities, user requirements and operational requirements, proximity to and operation of intersections, having regard to: • the extent to which the site can reasonably be served by different access arrangements including: o access from another road; o shared or amalgamated access with another site or sites; o via a frontage road, such as a slip lane or service road; or • the extent to which the need for access can reasonably be avoided by entering into a shared parking and/or loading arrangement with another site or sites in the immediate vicinity. (b) for any proposed access within a Vehicle Access Restriction Motorway Interchange Control: (i) the intensity, scale and traffic generating nature of activities on the site are such that any adverse effects on the safe and efficient operation of the motorway interchange are avoided, remedied or mitigated; or (ii) the extent to which, when considered against other access opportunities for the site, comparable or better outcomes are achieved in terms of effects on the safe and efficient operation of the interchange. (c) for any proposed access within a Vehicle Access Restriction Level Crossing Control: (i) effects on the safe and efficient operation of the level crossing; or (ii) the practicability and adequacy of the access arrangements having regard to site limitations, arrangement of buildings and activities, user requirements and operational requirements.
E36 Natural Hazards and Flooding E36.2. Objectives (1) Subdivision, use and development outside urban areas does not occur unless the risk of adverse effects to people, property, infrastructure and the environment from natural hazards has been assessed and significant adverse effects are avoided, taking into account the likely long-term effects of climate change. (2) Subdivision, use and development, including redevelopment in urban areas, only occurs where the risks of adverse effects from natural hazards to people, buildings, infrastructure and the environment are not increased overall and where practicable are reduced, taking into account the likely long term effects of climate change. (3) Subdivision, use and development on rural land for rural uses is managed to ensure that the risks of adverse effects from natural hazards are not increased and where practicable are reduced. (4) Where infrastructure has a functional or operational need to locate in a natural hazard area, the risk of adverse effects to other people, property, and the environment shall be assessed and significant adverse effects are sought first to be avoided or, if avoidance is not able to be totally achieved, the residual effects are otherwise mitigated to the extent practicable. (5) Subdivision, use and development including redevelopment, is managed to safely maintain the conveyance (6) Where appropriate, natural features and buffers are used in preference to hard protection structures to manage natural hazards. E36.3. Policies General (1) Identify land that may be subject to natural hazards, taking into account the likely effects of climate change, including all of the following: (a) coastal hazards (including coastal erosion and coastal storm inundation, excluding tsunami); (b) flood hazards; (c) land instability; and (d) wildfires. (2) Investigate other natural hazards to assess whether risks to people, property or the environment should be managed through the Plan or otherwise. (3) Consider all of the following, as part of a risk assessment of proposals to subdivide, use or develop land that is subject to natural hazards: (a) the type, frequency and scale of the natural hazard and whether adverse effects on the development will be temporary or permanent; (b) the type of activity being undertaken and its vulnerability to natural hazard events; (c) the consequences of a natural hazard event in relation to the proposed activity; (d) the potential effects on public safety and other property; (e) any exacerbation of an existing natural hazard risk or the emergence of natural hazard risks that previously were not present at the location; (f) whether any building, structure or activity located on land subject to natural hazards near the coast can be relocated in the event of severe coastal erosion, inundation or shoreline retreat; (g) the ability to use non-structural solutions, such as planting or the retention or enhancement of natural landform buffers to avoid, remedy or mitigate hazards, rather than hard protection structures; (h) the design and construction of buildings and structures to mitigate the effects of natural hazards; (i) the effect of structures used to mitigate hazards on landscape values and public access; (j) site layout and management to avoid or mitigate the adverse effects of natural hazards, including access and exit during a natural hazard event; and (k) the duration of consent and how this may limit the exposure for more or less vulnerable activities to the effects of natural hazards including the likely effects of climate change. (4) Control subdivision, use and development of land that is subject to natural hazards so that the proposed activity does not increase, and where practicable reduces, risk associated with all of the following adverse effects: (a) accelerating or exacerbating the natural hazard and/or its potential impacts; (b) exposing vulnerable activities to the adverse effects of natural hazards; (c) creating a risk to human life; and (d) increasing the natural hazard risk to neighbouring properties or infrastructure. Floodplains in rural areas (16) In rural areas, avoid where practicable locating buildings accommodating more vulnerable activities in the 1 per cent annual exceedance probability (AEP) floodplain and manage other buildings and structures so that flood hazards are not exacerbated. Floodplains - general (21) Ensure all development in the 1 per cent annual exceedance probability (AEP) floodplain does not increase adverse effects from flood hazards or increased flood depths and velocities, to other properties upstream or downstream of the site. (22) Required the storage and containment of hazardous substances in floodplains so that the integrity of the storage method will not be compromised in a flood event. (23) Provide for flood mitigation measures which reduce flood-related effects and provide for the reconstruction of culverts and bridges where those measures do not create or exacerbate flooding upstream or downstream or otherwise increase flood hazards. (24) Enable the planting and retention of vegetation cover to enhance amenity values, green linkages and ecological values in floodplains as long as it does not create or exacerbate flooding upstream or downstream or otherwise increase flood hazards. (25) When considering mitigation of flood hazards where buildings are located in floodplains, promote measures such as use of water resistant materials and flood- proof utility connections to increase resilience to flood damage. (26) Construct accessways, including private roads, so that flood hazard risks are not increased. Auckland Unitary Plan Operative in part 6 E36 Natural hazards and flooding (27) Enable the construction and maintenance of flood mitigation works to reduce flood risks to people, property, infrastructure and the environment. (28) Take into account any authorised earthworks or drainage infrastructure which avoids, remedies or mitigates flood hazards when assessing proposed subdivision, use or development. Overland flow paths (29) Maintain the function of overland flow paths to convey stormwater runoff safely from a site to the receiving environment. (30) Require changes to overland flow paths to retain their capacity to pass stormwater flows safely without causing damage to property or the environment. E36.8.2. Assessment criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: Activities in the 1 per cent annual exceedance probability (AEP) flood plain (4) for fences and walls in the 1 per cent annual exceedance probability (AEP) floodplain that do not comply with Standard E36.6.1.5: (a) whether the fence or wall will result in changes to the flood hazard experienced within the site, or on other sites including upstream or downstream of the site; (b) whether the fence or wall will result in changes to flood depths and velocities from the blocking or channelling of flood waters; and (c) the extent to which the fence or wall is necessary to maintain privacy, security, biosecurity or safety of the site or adjoining sites. (5) for below ground parking or parking areas in the 1 per cent annual exceedance probability (AEP) floodplain: (a) whether the parking area can be located outside of the 1 per cent annual exceedance probability (AEP) floodplain so as not to block or impede the flood hazard; (b) where the parking area cannot be practically located outside or above the floodplain, how the parking areas can be designed and managed to minimise any increase in flood related risks to people and property on site and to other properties upstream or downstream of the site; (c) the extent of potential adverse effects resulting from vehicles being mobilised by a 1 per cent annual exceedance probability (AEP) flood event; (d) whether the building or structure maintains structural integrity during a flood event; and (e) whether site layout and management can avoid hazardous and floatable materials, including cars and other stored items, being carried off the site. (6) for the storage of hazardous substances in the1 per cent annual exceedance probability (AEP) floodplain: (a) the extent to which the proposal ensures that hazardous substances stored in flood hazard areas are protected from flooding, spillage and leakage should a flood hazard event occur; (b) the extent of public health hazards that may result from a flood hazard event and how these are proposed to be avoided; and (c) whether groundwater contamination in a flood event can be avoided. (7) for on-site septic tanks, on-site wastewater treatment and disposal systems and effluent disposal fields in the 1 per cent annual exceedance probability (AEP) flood plain: (a) whether the design of the devise impedes flood flows or otherwise increases flood risk upstream or downstream of the site and how such effects can be avoided or mitigated; (b) whether the design of the device is resilient to damage from a range of flood events; (c) whether access to the device for maintenance and maintenance plans are provided and the potential effects that may result from the proposed access route; (d) the extent of public health hazards that may result from a flood hazard event and how these are proposed to be avoided; and (e) whether groundwater contamination in a flood event can be avoided. (8) for the construction of other land drainage works, stormwater management devices and flood mitigation works in the 1 per cent annual exceedance probability (AEP) floodplain: (a) whether the design of and works or devices impede flood flows or otherwise increases flood risk upstream or downstream of the site and how such effects can be avoided or mitigated; (b) whether the design of the works or any device is resilient to damage from a range of flood events; and (c) whether access to the works or device for maintenance and maintenance plans are provided and the potential effects that may result from the proposed access route. (9) for new structures and buildings (and external alterations to existing buildings) with a gross floor area up to 10m 2 within the 1 per cent annual exceedance probability (AEP) floodplain that do not comply with standard E36.6.1.9; and all other new structures and buildings and (and external alterations to existing buildings) within the 1 per cent annual exceedance probability (AEP) floodplain: (a) whether the building platform can be located outside of the 1 per cent AEP floodplain so as not to block or impede the flood waters; (b) where the building cannot be practically located outside or above the flood plain, how the building can be designed and managed to minimise increase in flood related risks experienced by other properties, including those upstream or downstream such as, maintaining a clear under croft, allowing for the passage of flood waters; (c) whether buildings likely to be affected by flood waters should be wet proofed or dry proofed to minimise damage to the building and its contents; and (d) site layout and management to avoid hazardous and floatable materials including cars and other stored items being carried off site. (10) for new buildings designed to accommodate more vulnerable activities, and changes of use to accommodate more vulnerable activities within existing buildings located within the 1 per cent annual exceedance probability (AEP) floodplain: (a) the likelihood of a flood hazard event occurring and its magnitude and duration, and the consequences of the event, its possible effects on public health, safety, property and the environment; (b) the extent to which a flood hazard assessment or mitigation plan addresses methods provided to manage activities or uses within the site; (c) whether sufficient actions can be undertaken to ensure that people will not be placed in danger during a flood event; (d) the extent to which the proposal and any subsequent land use is likely to exacerbate the flood hazard or create a new flood on the subject land and/ or on any adjacent land; and (e) whether the building or structure maintains structural integrity during as flood event. Activities in overland flow paths (11) for fences and walls in the 1 per cent annual exceedance probability (AEP) floodplain that do not comply with Standard E36.6.1.10: (a) whether the fence or wall will result in changes to the flood hazard experienced within the site, or on other sites including upstream or downstream of the site; (b) whether the fence or wall will result in changes to flood depths and velocities from the blocking or channelling of flood waters; and Auckland Unitary Plan Operative in part 32 E36 Natural hazards and flooding (c) the extent to which the fence or wall is necessary to maintain privacy, security, biosecurity or safety of the site or adjoining sites. (12) for diverting the entry or exit point, piping or reducing the capacity in any part of an overland flow path: (a) the extent to which the continuity of the overland flow paths both within the site and upstream and downstream of the site will be maintained; (b) the extent to which and how the effects on other properties from the diversion or alteration of the overland flow path will be avoided or mitigated; (c) the extent to which and how scouring and erosion will be managed; (d) the extent to which and how the proposal will avoid, or mitigate adverse effects on stream ecology; (e) the extent of long-term maintenance proposed, ensuring that, when appropriate, an easement in favour of Council is created to limit further changes to the overland flow path; and (f) the extent to which design and management measures are proposed to manage risk to a building, its occupants or contents.
H19 Rural – Production Zone H19.2 Objectives and policies – all rural zones The following objectives and policies apply to all rural zones. H19.2.1. Objectives – general rural (1) Rural areas are where people work, live and recreate and where a range of activities and services are enabled to support these functions. (2) Rural production activities are provided for throughout the rural area while containing adverse environmental effects on site. (3) Elite soil is protected, and prime soil is managed, for potential rural production. (4) Rural lifestyle development avoids fragmentation of productive land. H19.2.2. Policies – general rural (1) Enable activities based on use of the land resource and recognise them as a primary function of rural areas. (2) Require rural production activities to contain and manage their adverse environmental effects on-site to the fullest extent practicable. (3) Enable rural production activities on elite and prime soil and avoid land-use activities and development not based on, or related to, rural production from locating on elite soil and avoid where practicable such activities and development from locating on prime soil. (4) Enable and maintain the productive potential of land that is not elite or prime soil but which has productive potential for rural production purposes, and avoid its use for other activities including rural lifestyle living except where these are provided for or enabled by Policy H19.2.2(5). (5) Enable a range of rural production activities and a limited range of other activities in rural areas by: (a) separating potentially incompatible activities such as rural production and rural lifestyle living into different zones; (b) avoiding or restricting rural subdivision for activities not associated with rural production in areas other than those subdivision provided for in E39 Subdivision – Rural; (c) managing the effects of activities in rural areas so that; (i) essential infrastructure can be funded, coordinated and provided in a timely, integrated, efficient and appropriate manner; and (ii) reverse sensitivity effects do not constrain rural production activities. (d) acknowledging that, in some circumstances, the effective operation, maintenance, upgrading and development of infrastructure may place constraints on productive land and other rural activities; or (e) providing for tourism and activities related to the rural environment. (6) Recognise that a range of buildings and structures accessory to farming and forestry, and other operational structures for rural production activities are an integral part of rural character and amenity values. (7) Enable intensive farming in the Rural – Rural Production Zone, Rural – Mixed Rural Zone and Rural – Rural Coastal Zone only where it is carried out in accordance with good industry practice. H19.2.3. Objectives – rural character, amenity and biodiversity values (1) The character, amenity values and biodiversity values of rural areas are maintained or enhanced while accommodating the localised character of different parts of these areas and the dynamic nature of rural production activities. (2) Areas of significant indigenous biodiversity are protected and enhanced. H19.2.4. Policies – rural character, amenity and biodiversity values (1) Manage the effects of rural activities to achieve a character, scale, intensity and location that is in keeping with rural character, amenity and biodiversity values, including recognising the following characteristics: (a) a predominantly working rural environment; (b) fewer buildings of an urban scale, nature and design, other than residential buildings and buildings accessory to farming; and (c) a general absence of infrastructure which is of an urban type and scale. (2) Recognise the following are typical features of the Rural – Rural Production Zone, Rural – Mixed Rural Zone and Rural – Rural Coastal Zone and will generally not give rise to issues of reverse sensitivity in these zones: (a) the presence of large numbers of farmed animals and extensive areas of plant, vine or fruit crops, plantation forests and farm forests; (b) noise, odour, dust, traffic and visual effects associated with use of the land for farming, horticulture, forestry, mineral extraction and cleanfills; (c) the presence of existing mineral extraction activities on sites zoned as Special Purpose – Quarry Zone; (d) accessory buildings dot the landscape, particularly where farming activities are the dominant activity; and (e) activities which provide for the relationship of Mana Whenua to their ancestral land and taonga. (3) Enable opportunities to protect existing Significant Ecological Areas or provide opportunities to enhance or restore areas to areas meeting criteria of Significant Ecological Areas. H19.2.5. Objectives – rural industries, rural commercial services and non residential activities (1) Rural production activities are supported by appropriate rural industries and services. (2) The character, intensity and scale of rural industries and services are in keeping with the character of the relevant rural zone. (3) The rural economy and the well-being of people and local communities are maintained or enhanced by social, cultural and economic non-residential activities, while the area’s rural character and amenity is maintained or enhanced. (4) Industries, services and non-residential activities of an urban type and scale unrelated to rural production activities are not located in rural zones. (5) The rehabilitation of quarries is assisted by cleanfills and managed fills. H19.2.6. Policies – rural industries, rural commercial services and nonresidential activities (1) Enable rural industries and rural commercial services only where they have a direct connection with the resources, amenities, characteristics and communities of rural areas. (2) Manage rural industries, rural commercial services and other non-residential activities to: (a) avoid creating reverse sensitivity effects; (b) contain and manage adverse effects on-site; and (c) avoid, remedy or mitigate adverse effects on traffic movement and the road network. (3) Enable cleanfills and managed fills where they can assist the rehabilitation of quarries. (4) Restrict cleanfills and managed fills in the Rural – Rural Conservation Zone and Rural – Countryside Living Zone. Where cleanfills are established in other rural zones: (a) they should not adversely affect or inhibit the use of surrounding land for productive purposes or for carrying out any permitted, restricted discretionary or discretionary activity; and (b) their completed state should b H19 Rural zones • Auckland’s highest number of remaining large rural properties; • Low-intensity settlement, significant natural areas and natural resources; and • an environment less modified by humans than other zones in the north. In the south, the zone is characterised by: • intensively subdivided land tenure pattern, particularly on lowland areas; • the largest horticultural production area in Auckland, centred on the highly productive soils of the Franklin lowlands; • mixed primary production including pastoral farming and forestry relating to topography, land tenure pattern and water availability on the west and east coasts; and • the Hunua Ranges providing the backdrop to production land in the east. The following objectives and policies apply to the Rural – Rural Production Zone. H19.3 Rural – Rural Production Zone H19.3.2. Objectives (1) A range of rural production, rural industries, and rural commercial activities take place in the zone. (2) The productive capability of the land is maintained and protected from inappropriate subdivision, use and development. H19.3.3. Policies (1) Provide for a range of existing and new rural production, rural industry and rural commercial activities and recognise their role in determining the zone’s rural character and amenity values. (2) Provide for forestry activities including: (a) planting and management of new and existing forests in recognition of their production values, land stability and carbon sequestration functions, and multiple use for active recreation; (b) woodlots and farm-scale forestry; and (c) planting of indigenous species and amenity exotic species for long-term production purposes and the eventual harvesting of these species. (3) Enable the establishment of new greenhouses and the expansion of existing greenhouses in specific locations where there are advantages for operational efficiencies, transport accessibility and the provision of energy such as natural gas supplies and services, and manage the amenity expectations of other activities in these areas. (4) Provide for intensive farming, while managing the adverse effects and require compliance with good industry practice. (5) Require intensive farming of new species, including terrestrial, freshwater and marine species not currently farmed in the Rural – Rural Production Zone to: (a) be designed and operated to prevent the escape of any species of animal or plant that could have an adverse effect on the natural environment; and (b) not include any mustelid species.
H19.12.2. Assessment criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities: (1) all restricted discretionary activity and their accessory buildings: (a) whether the design and location of the buildings, and site landscaping, avoid, remedy, or mitigate the adverse visual effects of the buildings and related site works on rural and rural coastal character and amenity values including where the proposal is within or adjacent to any Outstanding Natural Landscape, Outstanding Natural Character and High Natural Character areas. The following are relevant: (i) building bulk; (ii) glare or reflections off the exterior cladding; (iii) landform modification needed for building platforms; (iv) screening from neighbouring sites; (v) views of the buildings from any public road or open space used for recreation, including any beach, coastal marine area, coastline, or regional park; and (vi) related signage. (b) whether noise from fans, ventilators, heaters, or other machines, or from on-site activities can be adequately mitigated; (c) whether the design and location of the buildings, and the associated traffic avoid, remedy or mitigate adverse effects on the road network or traffic safety; (d) whether the control, treatment, storage, or disposal of stormwater can be adequately managed; (e) if the site contains elite soils whether the proposed buildings, structures, or site development prevent or compromise its availability or use for activities that directly rely on it; (f) if the site contains prime soils, whether the proposed buildings, structures, or site development can be relocated so as not prevent or compromise its availability or use for activities that directly rely on it; and (g) for fire stations, the extent to which functional requirements and the benefits that having the emergency services in the location are to be taken into account. (2) one dwelling per site and its accessory buildings in the Rural Coastal Zone – Te Arai-Pakiri, Whangateau to Waiwera, Kaipara South Head and harbour to Muriwai- Te Heunga coastal areas: (a) whether all buildings are sited and designed so they do not visually intrude on any significant ridgeline or skyline or adversely affect landscape values when viewed from any road or other public land including any beach, the sea or regional park; (b) whether building finishes including colours and materials complement the rural and rural coastal character of the surrounding environment. This criterion would be satisfied if the exterior finish of the building or structure has a reflectance value of, or less than, 30 per cent as defined within the BS5252 standard colour palette; (c) whether the siting of buildings and accessory buildings contribute to the rural and rural coastal character of the surrounding environment by responding to natural landforms, landscape features, including where the proposal is within or adjacent to any Outstanding Natural Landscape, Outstanding Natural Character and High Natural Character overlays; (d) whether the development requires extensive landform modification; and (e) whether existing trees and bush that make a significant contribution to the visual and environmental qualities of the site are retained to the fullest extent practicable. (3) minor dwellings and their accessory buildings: (a) whether the design and location of the buildings, access and site works avoid, remedy, or mitigate the adverse visual effects on rural and rural coastal character and amenity values including where the proposal is within or adjacent to any Outstanding Natural Landscape, Outstanding Natural Character and High Natural Character overlays including: (i) building bulk; (ii) glare or reflections off the exterior cladding; (iii) landform modification needed for building platforms; (iv) screening from neighbouring sites; and (v) the cumulative effects of built development on the site. (b) whether the minor dwelling is in close proximity to the principal dwelling so that the inhabitants remain close to one another and the buildings are not dispersed over a rural site. (4) workers’ accommodation: (a) whether the design and location of the buildings, access and site works avoid, remedy, or mitigate the adverse visual effects on rural and rural coastal character and amenity values including where the proposal is within or adjacent to any Outstanding Natural Landscape, Outstanding Natural Character and High Natural Character overlays including: (i) building bulk; (ii) glare or reflections off the exterior cladding; (iii) landform modification needed for building platforms; (iv) screening from neighbouring sites; and (v) the cumulative effects of built development on the site. (b) whether the applicant can demonstrate that a separate dwelling is required on the site for the purpose of accommodating workers engaged on the site or in the surrounding rural area and that it would be impracticable to provide the accommodation as a permitted buildings such as a sleep-out, existing minor dwelling or an extension to an existing dwelling on the site. (5) infringement of Standard H19.10.2 Building height: (a) whether the proposed height and scale of the building adversely affect the rural character of a site; (b) whether the proposed height and location of buildings adversely affect the visual character of adjacent sites; and (c) whether the proposed height and scale of the building adversely affect amenity values of neighbouring sites by reducing privacy or sunlight access. (6) infringement of Standard H19.10.4 Buildings housing animals – minimum separation distance: (a) whether the proposed height and scale of the building adversely affects the rural character of a site; (b) whether the proposed height and location of buildings adversely affects the visual character of adjacent sites; (c) whether the proposed height and scale of the building adversely affect amenity values of neighbouring sites by reducing privacy or sunlight access; and (d) whether the proposed building exacerbates or creates a natural hazard or nuisance for neighbouring properties.
D17 Historic Heritage Overlay D17.2. Objectives [rcp/dp] (1) The protection, maintenance, restoration and conservation of scheduled historic heritage places is supported and enabled. (2) Scheduled historic heritage places are protected from inappropriate subdivision, use and development, including inappropriate modification, relocation, demolition or destruction. (3) Appropriate subdivision, use and development, including adaptation of scheduled historic heritage places, is enabled. D17.3 Policies Use and development, including adaptation (3) Enable the use, development and adaptation of scheduled historic heritage places where: (a) it will not result in adverse effects on the significance of the place; (b) it will contribute to the ongoing maintenance and enhancement of the historic heritage values of the place; Auckland Unitary Plan Operative in part 4 D17 Historic Heritage Overlay (c) it is in accordance with good practice conservation principles and methods; (d) it will not result in cumulative adverse effects on the historic heritage values of the place; (e) it will support the long-term viability, retention or ongoing use of the place; and (f) it will not lead to significant adverse effects on the surrounding area. (4) Enable the use of scheduled historic heritage places, whether or not the use is otherwise provided for in the zone, where it does not detract from the heritage values of the place and will not otherwise have significant adverse effects. (5) Support use, development or adaptation appropriate to scheduled historic heritage places through such measures as: (a) reducing or waiving consent application costs; (b) granting consent to infringement of the development standards for underlying zones and Auckland-wide rules where this does not result in significant adverse effects; (c) providing funding, grants and other incentives; (d) providing expert advice; or (e) providing transferable development rights. (6) Enable use and development of contributing and non-contributing sites or features within a Historic Heritage Area where it is compatible with the historic heritage values of the area. (7) Require the assessment of the effects for proposed works to scheduled historic heritage places, including where one or more places are affected, to address all the effects on: (a) the heritage values of the place/s; (b) the significance of the place; and (c) the setting and the relationship between places
D17.8.2. Assessment criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities: (1) for restricted discretionary activities in Table D17.4.1 Activity table – Activities affecting Category A, A* and B scheduled places, Table D17.4.2 Activity table - Activities subject to additional archaeological rules and Table D17.4.3 Activity table – Activities in Historic Heritage Areas: (a) whether the proposed works will result in adverse effects (including cumulative adverse effects) on the heritage values of the place and the extent to which adverse effects are avoided, remedied or mitigated; (b) whether the proposed works will maintain or enhance the heritage values of the place, including by: (i) avoiding or minimising the loss of fabric that contributes to the significance of the place; (ii) removing features that compromise the heritage values of the place; (iii) avoiding significant adverse effects on the place, having regard to the matters set out in B5 Built heritage and character; (iv) complementing the form and fabric which contributes to, or is associated with, the heritage values of the place; and (v) recovering or revealing the heritage values of the place. (c) whether the proposed works will compromise the ability to interpret features within the place and the relationship of the place to other scheduled historic heritage places; (d) whether the proposed works, including the cumulative effects of proposed works, will result in adverse effects on the overall significance of the place such that it no longer meets the significance thresholds for which it was scheduled; (e) whether the proposed works will be undertaken in accordance with good practice conservation principles and methods appropriate to the heritage values of the place; (f) whether the proposal contributes to, or encourages, the long-term viability and/or ongoing functional use of the place; (g) whether modifications to buildings, structures, or features specifically for seismic strengthening: (i) consider any practicable alternative methods available to achieve the necessary seismic standard that will reduce the extent of adverse effects on the significance of the place; and (ii) take into account the circumstances relating to the ongoing use and retention of the place that affect the level of seismic resilience that is necessary to be achieved. (h) whether the proposed relocation of features, within or beyond scheduled extents of place, in addition to the criteria above; (i) is necessary in order to provide for significant public benefit that could not otherwise be achieved; and (ii) the significant public benefit outweighs the retention of the feature in its existing location within the extent of place.
D21 Sites and Places of Significance to Mana Whenua Overlay D21.2. Objective [rcp/dp] (1) The tangible and intangible values of scheduled sites and places of significance to Mana Whenua are protected and enhanced. (2) Scheduled sites and places of significance to Mana Whenua are protected from inappropriate subdivision, use and development, including inappropriate modification, demolition or destruction. D21.3. Policies [rcp/dp] (1) Avoid the physical destruction in whole or in part of sites and places of significance during earthworks. (2) Avoid significant adverse effects on the values and associations of Mana Whenua with sites and places of significance to them. (3) Require subdivision, use and development, where adverse effects on sites and places of significance cannot practicably be avoided, to remedy or mitigate those adverse effects by: (a) enhancing the values of the scheduled site or place of significance and the relationship of Mana Whenua with their tāonga, commensurate with the scale and nature of the proposal; Auckland Unitary Plan Operative in part 1 D21 Sites and Places of Significance to Mana Whenua Overlay (b) incorporating mātauranga, tikanga and Mana Whenua values, including spiritual values; (c) recognising and providing for the outcomes articulated by Mana Whenua through an assessment of environmental effects with Mana Whenua and within iwi planning documents; (d) demonstrating consideration of practicable alternative methods, locations or designs that would avoid or reduce the impact on the values of scheduled sites and places of significance to Mana Whenua; and (e) demonstrating consideration of practical mechanisms to maintain or enhance the ability to access and use the scheduled site or feature for karakia, monitoring, customary purposes and ahikā roa by Mana Whenua. Reflect within the development the relationship of the scheduled site or place of significance within the context of the wider local history and whakapapa. (5) Recognise that some activities may have such significant adverse effects on Mana Whenua values that they are culturally inappropriate when considering the nature of the scheduled site or place of significance and associated values. (6) Manage the adverse effects of subdivision where scheduled sites and places of significance to Mana Whenua are split into multiple land parcels. (7) Provide incentives to encourage the protection and enhancement of scheduled sites and places of significance to Mana Whenua. (8) Recognise that the intangible values of sites or places of significance can be protected and enhanced even where the site or place has been significantly modified or destroyed. (9) Enable existing network utilities and electricity generation facilities on sites and places of significance including: (a) use and operation; and (b) minor upgrading, maintenance and repair in a manner that avoids, where practicable, or otherwise remedies or mitigates adverse effects on cultural values. (10) Avoid where practicable the use of scheduled sites and places of significance to Mana Whenua for new infrastructure where this affects cultural values. (11) Require an assessment of environmental effects where proposed works may have adverse effects on the values associated with sites or places of significance to Mana Whenua. D21.8.2. Assessment criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: (1) Policies D21.3(1), D21.3(2) and D21.3(3). (2) the extent to which the proposal: (a) provides for the relationship of the site or place with Mana Whenua in the context of local history and whakapapa, if appropriate, through: (i) the design and location of proposed structures; (ii) landscaping and vegetation including removal and replanting; and (iii) landform and modification. (b) recognises the benefits derived from the upgrading of existing infrastructure to the community and the functional and operational needs of the network. (c) considers the appropriate location of temporary activities to avoid, remedy or mitigate adverse effects on values and associations of Mana Whenua with the site or place.
D9 Significant Ecological Areas D9.2. Objectives [rcp/rp/dp] (1) Areas of significant indigenous biodiversity value in terrestrial, freshwater, and coastal marine areas are protected from the adverse effects of subdivision, use and development. (2) Indigenous biodiversity values of significant ecological areas are enhanced. (3) The relationship of Mana Whenua and their customs and traditions with indigenous vegetation and fauna is recognised and provided for. D9.3. Policies [rcp/rp/dp] Managing effects on significant ecological areas – terrestrial and marine (1) Manage the effects of activities on the indigenous biodiversity values of areas identified as significant ecological areas by: (a) avoiding adverse effects on indigenous biodiversity in the coastal environment to the extent stated in Policies D9.3(9) and (10); (b) avoiding other adverse effects as far as practicable, and where avoidance is not practicable, minimising adverse effects on the identified values; (c) remedying adverse effects on the identified values where they cannot be avoided; (d) mitigating adverse effects on the identified values where they cannot be avoided or remediated; and (e) considering the appropriateness of offsetting any residual adverse effects that are significant and where they have not been able to be mitigated, through protection, restoration and enhancement measures, having regard to Appendix 8 Biodiversity offsetting. (2) Adverse effects on indigenous biodiversity values in significant ecological areas that are required to be avoided, remedied, mitigated or offset may include, but are not limited to, any of the following: (a) fragmentation of, or a reduction in the size and extent of, indigenous ecosystems and the habitats of indigenous species; (b) fragmentation or disruption of connections between ecosystems or habitats; (c) changes which result in increased threats from pests on indigenous biodiversity and ecosystems; (d) loss of buffering of indigenous ecosystems; (e) loss of a rare or threatened individual, species population or habitat; (f) loss or degradation of originally rare ecosystems including wetlands, dune systems, lava forests, coastal forests; (g) a reduction in the abundance of individuals within a population, or natural diversity of indigenous vegetation and habitats of indigenous fauna; (h) loss of ecosystem services; (i) effects which contribute to a cumulative loss or degradation of habitats, species populations and ecosystems; (j) impacts on species or ecosystems that interact with other activities, or impacts that exacerbate or cause adverse effects in synergistic ways; (k) loss of, or damage to, ecological mosaics, sequences, processes, or integrity; (l) downstream effects on wetlands, rivers, streams, and lakes from hydrological changes further up the catchment; (m) a modification of the viability or value of indigenous vegetation and habitats of indigenous fauna as a result of the use or development of other land, freshwater, or coastal resources; (n) a reduction in the historical, cultural, and spiritual association held by Mana Whenua or the wider community; (o) the destruction of, or significant reduction in, educational, scientific, amenity, historical, cultural, landscape, or natural character values; (p) disturbance to indigenous fauna that is likely or known to increase threats, disturbance or pressures on indigenous fauna; or (q) increases in the extinction probability of a species. (3) Enhance indigenous biodiversity values in significant ecological areas through any of the following: (a) restoration, protection and enhancement of threatened ecosystems and habitats for rare or threatened indigenous species; (b) control, and where possible, eradication of plant and animal pests; (c) fencing of significant ecological areas to protect them from stock impacts; (d) legal protection of significant ecological areas through covenants or similar mechanisms; (e) development and implementation of management plans to address adverse effects; (f) re-vegetating areas using, where possible, indigenous species sourced from naturally growing plants in the vicinity with the same climactic and environmental conditions; or (g) providing for the role of Mana Whenua as kaitiaki and for the practical exercise of kaitiakitanga in restoring, protecting and enhancing areas. (4) Enable activities which enhance the ecological integrity and functioning of significant ecological areas including: (a) the management and control of pest species that threaten indigenous biodiversity; and (b) managing works in the vicinity of kauri, such as deadwood removal or earthworks, to control kauri dieback disease by preventing the spread of soil and kauri plant material.