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Key Issues Report of the Porirua City Council

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Key Issues Report of the Porirua City Council Key Issues Report of the Porirua City Council Commissioned by the Environmental Protection Authority under Section 149G(3) of the Resource Management Act 1991 on the Notices of Requirement and Resource Consent applications pertaining to the Transmission Gully Project. 1 Environment and Regulatory services Report Author Richard Watkins Date Principal Resource Consents Planner Peer Reviewer Adrian Ramage Date Manager Resource Consents 2 Contents 1. Purpose 2. Scope 3. Conflict 4. Relevant plan provisions 5. Summary of Consents 6. Activity status of all proposed activities 7. Permitted baseline and existing environment 8. Any other key issues Appendices Appendix A – Porirua City District Plan Objectives and Policies Appendix B – Links to Porirua City District Plan Rural and Public Open Space Zone's Permitted Activity provisions and National Policy Statement on Electricity Transmission Objectives and Policies 3 1 PURPOSE 1.1 On the 15 th August 2011, the New Zealand Transport Agency (NZTA) in conjunction with Porirua City Council (PCC) and Transpower New Zealand Limited (Transpower) gave Notice's of Requirement and made associated applications for resource consent with the Environmental Protection Agency (EPA) for a proposal generally referred to as the 'Transmission Gully Project'. 1.2 In accordance with Section 149G(3) of the Resource Management Act 1991 (the Act), the Environmental Protection Authority has commissioned the Porirua City Council to prepare a report on the key issues of the Transmission Gully Project (hereon referred to as TGP). The purpose of this report is to contextualise TGP within Porirua City's planning framework and instruments and to identify any key issues. 1.3 Various Notices of Requirement (NoR) have been given/issued as part of TGP reflecting the two requiring Authorities and the cross-boundary nature of them. Applications for resource consent have also been made due to activities associated with the construction of the proposed roads not being permitted by the various plans that fall within the jurisdiction of the Greater Wellington Regional Council. Resource consent has also been applied for the relocation of the existing transmission lines. This report is limited to those matters pertaining to NoR3 (Transmission Gully Main Alignment - TGM), NoR5 (Kenepuru Link Road), NoR7 (Whitby Link Road), NoR8 (Waitangarua Link Road) and that part of the transmission line being relocated within the Porirua City boundaries. 1.4 Section 149G(3) of the Act requires the following: (3) The EPA must also commission the local authority to prepare a report on the key issues in relation to the matter that includes— (a) any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and (b) a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and (c) if applicable, the activity status of all proposed activities in relation to the matter. 2 SCOPE 2.1 This report identifies the key issues in relation to TGP that includes those items listed in S149G(3) (see para 1.4). As well the inclusion of those listed items the EPA has requested that the Council should provide the following: "(d) confirmation of the status, and weighting if proposed, of any relevant regional policy statement, and or relevant plan; and (e) Detail of the permitted baseline and existing environment for the resource consents applied for within your jurisdiction. This will include: • The permitted base line, and details of any relevant consents held in the area that form the existing environment within your authority’s jurisdiction. 4 • Comment on whether the proposed consents applied for within your jurisdiction will affect any relevant existing consent holder's ability to implement their existing consents, should the proposed consents be granted. (f) Identify any "sensitive land use" in relation to any Transpower consents in your jurisdiction, as defined in the National Environmental Standards for Electricity Transmission Activities. (g) Any other matter which is relevant to the key issues associated with the applications."1 2.2 In commissioning the report, the EPA have specified that the report should not be in the nature of a submission on TGP or advocate for a particular outcome 2. The EPA has also specified that the report should not include a detailed assessment of the adequacy of the draft conditions 3. This is acknowledged by the Author and the report has been prepared accordingly. 2.3 It is not considered within the scope of this report, nor necessary, to summarise the proposed NoR's and resource consent and the activities that are required to be undertaken to give effect to them should they be confirmed/granted. Descriptions of the proposals are generally covered in the application material. 3 CONFLICT 3.1 In preparing this report, the author acknowledges on behalf of PCC the following actual, potential or perceived conflicts of interest: • Porirua City Council is the requiring authority applying for two Notices of Requirement (NoR's) being NoR7 and NoR8 for the 'The Porirua Link Roads' which are being applied for concurrently with the Notices of Requirement from the New Zealand Transport Agency for the Transmission Gully Main Alignment and the Kenepuru Link Road along with associated resource consent applications to the Greater Wellington Regional Council. The Porirua City Council's Environment & Regulatory Services Group is responsible for the regulatory aspects of the Council's role in this Resource Management Act process. The Porirua City Council's Asset Management & Operations Group and Strategy and Planning Group are the primary Council groups responsible for the preparation and lodgement of the two NoR's. The Environment & Regulatory Services Group has recognised these differing roles through managing the potential conflict of interest by not seeking the assistance of the other Council groups in the checking of the completeness of these NoR's. • Porirua City Council submitted to the Western Corridor Transportation Plan (adopted 2006) which is contained within the Greater Wellington Regional Council Regional Land Transport Strategy (Approved September 2010). The Porirua City Council submitted in support of the Transmission Gully 1 Clause 6.6 of the Statement of Work Contract reference: 282 between the Environmental Protection Agency and Porirua City Council 2 Clause 6.7 of the Statement of Work Contract reference: 282 between the Environmental Protection Agency and Porirua City Council 3 Clause 6.8 of the Statement of Work Contract reference: 282 between the Environmental Protection Agency and Porirua City Council 5 route as opposed to the upgrade of the existing State Highway One Coastal Route. 3.2 The Author is an employee of Porirua City Council and is employed within the Environmental and Regulatory Services Group. Due to the conflict of interest that the Porirua City Council has, this report has not been submitted to, either for input, comment and/or approval of any Council Committee or been the subject of any workshop with Councillor's. It is noted that no delegated authority is required by the Act to be able to approve a S149G(3) report being provided to the EPA. 4 RELEVANT PLAN PROVISIONS General 4.1 The following is a list of what are considered to be the relevant statutory documents applicable to the various TGP NoR's within Porirua City. Identification of the applicable provisions to the Transpower Resource Consent application is addressed separately in paragraphs 4.73 – 4.79. The matters considered applicable to the TGP NoR's are as follows: National Policy Statements New Zealand Coastal Policy Statement Regional Policy Statements Wellington Regional Policy Statement Proposed Wellington Regional Policy Statement Regional Plans Regional Freshwater Plan for the Wellington Regional Regional Air Quality Management Plan for the Wellington Region Regional Coastal Plan for the Wellington Region Regional Plan for Discharges to Land for the Wellington Region Regional Soil Plan for the Wellington Region District Plan Porirua City District Plan Proposed Plan Change 12 – Public Open Space Zone update National Environmental Standards National Environmental Standards for Air Quality National Environmental Standard for Sources of Human Drinking Water 4.2 Comment on the documents under the headings of 'National Environmental Standards' and 'Regional Plans' in paragraph 4.1 is not considered appropriate for this particular S149G(3) report as these cover matters that are predominantly within the jurisdiction of the Regional Council. The objectives and policies are considered to be more likely applicable as part of the consideration of the applications for resource consent required by the various Regional Council planning documents that have been made concurrently with the NoR's. 6 New Zealand Coastal Policy Statement 4.3 The New Zealand Coastal Policy Statement 2010 (NZCPS) took effect on 3 December 2010. The NZCPS seeks to contribute towards the sustainable management of the coastal environment. A copy of this document can be found on www.doc.govt.nz/publications/conservation/marine-and-coastal/new- zealand-coastal-policy-statement/new-zealand-coastal-policy-statement-2010 . 4.4 It is considered that the NZCPS is relevant to the NoR's due to the proximity of the proposed State Highway 58 interchange and adjoining Site Compound within the area commonly referred to as Lanes Flat. Lanes Flat is a low lying area approximately 700 metres from the upper reaches of the Pauatahanui Inlet. The Pauatahanui Stream flows parallel to State Highway 58, through Lanes Flat and enters the eastern end of the Pauatahanui inlet via the Pauatahanui Wildlife Management Reserve. Due to the close proximity of Lanes Flat and the presence of the Pauatahanui Stream within, it is considered that it forms part of the coastal environment. 4.5 The NZCPS is also relevant for this proposal due to the substantial volume of earthworks that is required to be undertaken to construct the proposed Motorway and Link Roads.
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