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. TGP is within the catchments of the streams adjacent to these works such as the Pauatahanui Stream, Duck Creek, Horokiwi Stream and Ration Stream that all flow into the Pauatahanui Inlet and in the case of the Porirua Stream, into Porirua Harbour.
4.6 The relevant Objectives of the NZCPS are to safeguard the ecological values of the coastal environment (Objective 1), to preserve its natural character (Objective 2), take into account the principles of the treaty of Waitangi and recognition/involvement of tangata whenua (Objective 3) and to maintain and enhance pubic open space and recreation opportunities (Objective 4). These can all be summarised as seeking to protect the values that form the coastal environment. Objective 6 of the NZCPS provides for enabling people and communities to provide for their social, economic and cultural wellbeing within the coastal marine area by recognising that appropriate development is possible but at the same time ensuring the protection of the values of the coastal environment.
4.7 To support these Objectives, the NZCPS contains 29 Policies. The Statutory Provisions Report 4 attached to the application lists almost all of what are considered to be the relevant policies being numbers 1, 2, 6, 13, 14, 21, 22 and 23. Policy 1 seeks to recognise the extent and characteristics of the coastal environment which includes the coastal marine area and elements and features on the adjacent land that contribute to the natural character, landscape, visual qualities or amenity values. Policy 2 recognises the relationship of tangata whenua with the coastal environment and provides for their involvement including incorporation of mātauranga Maori in the consideration of Notices of Requirement. Policy 6 is about enabling activities at an appropriate level within the coastal environment whilst addressing the effects of them. The natural
4 Technical Report 21(Folder 7 of 7 in Volume 3: Technical Reports and Supporting Documents) of the TGP application
7 character of the coastal environment is recognised by seeking to preserve it (Policy 13) as well as rehabilitate or restore (Policy 14) where it has been degraded. Policy 21 provides recognition of deteriorated water quality and affords the opportunity for priority to improve that quality through various methods. Policy 22 relates to the identification of and management of sediment rates into the coastal environment whilst Policy 23 addresses the management of discharge of contaminants.
4.8 It is also considered that Policy 4 is relevant which the application has addressed 5 but not included in the Statutory Provisions Report is relevant:
Policy 4: Integration Provide for the integrated management of natural and physical resources in the coastal environment, and activities that affect the coastal environment. This requires: a. co-ordinated management or control of activities within the coastal environment, and which could cross administrative boundaries, particularly: i. the local authority boundary between the coastal marine area and land; ii. local authority boundaries within the coastal environment, both within the coastal marine area and on land; and iii. where hap ū or iwi boundaries or rohe cross local authority boundaries; b. working collaboratively with other bodies and agencies with responsibilities and functions relevant to resource management, such as where land or waters are held or managed for conservation purposes; and c. particular consideration of situations where: i. subdivision, use, or development and its effects above or below the line of mean high water springs will require, or is likely to result in, associated use or development that crosses the line of mean high water springs; or ii. public use and enjoyment of public space in the coastal environment is affected, or is likely to be affected; or iii. development or land management practices may be affected by physical changes to the coastal environment or potential inundation from coastal hazards, including as a result of climate change; or iv. land use activities affect, or are likely to affect, water quality in the coastal environment and marine ecosystems through increasing sedimentation; or v. significant adverse cumulative effects are occurring, or can be anticipated.
Comment 4.9 The management of the effects, particularly those relating to the construction of the TGP, on the health of the receiving coastal environment are considered to be of relevance to this matter. This includes the appropriate management of the silt and sediment effects associated with the proposed earthworks, the management of on-site sewage generated by workers facilities at the Site Compounds, management of hazardous substances that may be utilised such as fuel storage and the management of the disturbance of contaminated material.
5 Section 32.4 of the assessment of environmental effects
8 Regional Policy Statement 4.10 There is an existing Regional Policy Statement which was declared operative on the 15 th May 1995. The applicant has identified what they consider to be the relevant provisions of the Regional Policy Statement which are categorised into resource types such as 'soils and minerals, coastal environment, natural hazards etc within the Statutory Provisions Report.
4.11 The categories applicable to the consideration of the Notices of Requirement as distinct from the resource consent applications are:
The Iwi Environmental Management System (Chapter 4) 4.12 Objectives 2 & 3, Policies 2 & 3. These provisions relate to the recognition of tangata whenua and their involvement in the planning process. It is noted that the applicants have included a Cultural Impact Report 6 prepared by Te Runanga o Toa Rangatira who are recognised to the tangata whenua within the Porirua area.
Freshwater (Chapter 5) 4.13 Objectives 2 & 3, Policies 7, 12, 13, 16. These provisions seek to maintain the quality of water from the effects of activities. This includes appropriately addressing the effects of earthworks which have the potential to result in silt and sediment runoff into waterways if not suitably managed. The silt and sediment control measures will need to be sufficient enough to appropriately manage the effects of the earthworks that will be required to be undertaken as part of the construction of TGP. Policy 13 relates to recognising the relationship of tangata whenua with waterways. Policy 16 includes provision for enhancing access to water bodies. The provision of a proposed walkway/cycleway including a pedestrian underpass at Bridge No. 15 as shown on plan GM13 and Sheet S15-02 along the Pauatahanui Stream as well as a similar arrangement at Bridge No.12 along the Ration Stream as shown on plan GM 10 and Sheet S12-01 may be appropriate forms of enhanced and or retaining access to these water-bodies.
The Coastal Environment (Chapter 7) 4.14 Objectives 1, 3 & 4, Policies 1, 5, 6 7. These provisions are similar to those contained in the NZCPS. It is noted that Policy 1 makes reference to Table 8: Sites of National or Regional Significance for Indigenous Vegetation or Significant Habitats for Indigenous Fauna. Table 8 lists amongst other sites the Pauatahanui Inlet (Wildlife Refuge, Wildlife Management Reserve) and Horokiwi (Wildlife Management Reserve). As mentioned previously the State Highway 58 Interchange and Proposed Site Compound are upstream of these sites.
Ecosystems (Chapter 9) 4.15 Objectives 1 – 5, Policies 3 – 10. These provisions seek to sustain various ecosystems within the Wellington Region. The Porirua City Council has identified Sites of Ecological
6 Technical Report 18 in Folder 6 of 7 Volume 3: Technical Reports and Supporting Documents
9 Significance within the district which is discussed in further detail in Section 7 of this report.
Natural Hazards (Chapter 11) 4.16 Objective 1, Policies 1 – 4. These provisions seek to reduce the adverse effects of natural hazards to an acceptable level. This includes having sufficient information to inform the potential susceptibility of a proposal to natural hazards (Policies 1 & 2 which have been identified in the Statutory Provisions Report). The Ohariu Fault Line is identified in Council's GIS system as being sited through the northern tip of NoR3 which is also shown on Road Layout Plan Sheets GM04 and GM 05 7. Policies 3 & 4 are also considered to be applicable:
Policy 3 – To recognise the risks to existing development from natural hazards and promote risk reduction measures to reduce this risk to an acceptable level, consistent with Part II of the Act. Given that one of the objectives of TGP is to improve regional network security for Wellington this provision would appear applicable.
Policy 4 – To ensure that human activities which modify the environment only change the probability and magnitude of natural hazard events where these changes have been explicitly recognised and accepted. This policy seeks to ensure that the increased risk of a hazard has been appropriately evaluated. This can be applied to TGP in ensuring that the cut and fill batters are constructed in an appropriate geotechnical manner. This can also be applied to ensuring that the potential increased flooding risk to the four properties located off Joseph Banks Drive (Whitby) as identified in Section 19.5.3 of the assessment of environmental effects is appropriately evaluated.
The Built Environment and Transportation 4.17 The relevant objectives and polices are considered to be the same as has been identified in the Statutory Provisions Report.
Proposed Regional Policy Statement 4.18 Decisions have been released on the Proposed Regional Policy Statement (RPS) in May 2010 which is currently the subject of appeals. This document, as amended by decisions on submissions is accessible on http://www.gw.govt.nz/assets/Plans--Publications/Regional-Policy- Statement/Proposed-RPS-May-2010-Incorporating-changes-from-Decision.pdf . It is considered that more weight should generally be placed upon the objectives and policies of the proposed RPS rather than the Operative RPS due to decisions being released upon submissions.
4.19 There are various policies within the proposed RPS which are considered relevant and regard should be had to in assessing TGP. In reading the proposed RPS, Section 4.2 identifies "the policies that need to be given particular regard, where relevant, when assessing and deciding on …notices of requirements. 8"
7 Volume 4:Plan Set
10 Policies 34 – 60 are included within Section 4.2 of the proposed RPS. A table on Page 147 of the proposed RPS categorises these particular policies into individual topics such as Coastal Environment, Indigenous Ecosystems, Natural Hazards etc.
4.20 Within the Statutory Provisions Report, various policies and objectives have been identified as being applicable to this proposal. It is considered that there are additional policies applicable to TGP which should be considered as part of this proposal which are included below as part of the identification of the relevant provisions. The following provisions are considered relevant in their respective Topics as identified in the table on page 147 of the proposed RPS:
Energy, infrastructure and waste 4.21 Policy 38 seeks to recognise regionally significant infrastructure and lists the benefits including people and goods moving efficiently and safely around the region and to and from. Given that NZTA have classified the TGP as a Road of National Significance and that the objectives 9 include improved network security and better provision for through movement of freight and people this provision is applicable. Likewise it also applies to the consideration of the PCC Link Road NoR's which also have as part of their objectives improved access from Porirua's eastern suburbs to other areas of the Wellington region.
Fresh water 4.22 Policies 39 – 42 and 52 are considered to be applicable to TGP. Of these, Policy 40 which seeks to minimise the effects of earthworks and vegetation disturbance is very relevant during the construction phase of TGP due to the substantial earthworks that will be required to be undertaken. Policy 41, which seeks to minimise stormwater contamination, is relevant for when TGP is operating – it is noted that wetlands are proposed to be established along the route which could contribute to achieving the aim of this policy. Policy 52 seeks to retain public access to and along the coastal marine area, lakes and rivers of which comment was provided previously in paragraph 4.13.
Historic Heritage 4.23 Policy 45 seeks to manage the effects of activities on historic heritage values. The Porirua City District Plan has identified St Josephs Catholic Church 10 as being a significant heritage feature worthy of protection. This church is identified on plan GM13 of the Plan Set. The potential effects that this church may be subjected to include noise 11 , vibration 12 and visual 13 . TGP is also proposed to pass through Battle Hill Farm Forest Park which also is identified as a significant heritage feature 14 .
9 Section 2.5.1 of assessment of environmental effects. 10 Site JA02 within Section J – Heritage Register of the Porirua City District Plan 11 Section 26.3.1.2 within Folder 2 of 2: Volume 1 assessment of environmental effects report 12 Section 16.4 within Folder 2 of 2: Volume 1 assessment of environmental effects report 13 Section 25..3.3.3 within Folder 2 of 2: Volume 1 assessment of environmental effects report 14 Site JB09 within Section J – Heritage Register of the Porirua City District Plan
11 Indigenous ecosystems 4.24 Policy 46 seeks to manage the effects on indigenous ecosystems and habitats with significant biodiversity habitats. As identified in paragraph 4.15, comment on the sites of ecological significance is included in Section 7 of this report.
Landscape 4.25 Policy 49 seeks to manage the effects on outstanding natural features and landscapes and significant amenity landscapes. Parts of the proposed Transmission Gully Motorway (TGM) and Waitangarua Link Road (NoR3 and NoR8) are located within an area identified as being part of the Whitby Landscape Protection Area (WLPA). Policy 49 provides an interim assessment framework for areas that include those already identified in the District Plan prior to policies 24 and 26 being given effect to as is the case withy the WLPA. Further comment on the WLPA is provided in the identification of policy C9.1.15 below in paragraph 4.42.
Natural Hazards 4.26 Policy 50 seeks to minimise the risks and consequences of natural hazards and in achieving this measure Policy 51 seeks to minimise the adverse effects of the hazard mitigation measures that are utilised. It is noted that Policy 51 was omitted from the Statutory Provisions Report (Technical report 21) though it is referenced in Section 32.6.1.8 – Natural Hazards of the a.e.e. Policy 51 seeks that when designing measures to mitigate the risk of natural hazards that the method utilised needs to be of a structural or hard engineered nature or a non- structural or soft engineering method can be utilised. These provisions are considered to be relevant due to the aforementioned presence of the Ohariu fault Line and also in that the earthworks cut and fill batters are designed and constructed in a manner that addresses the hazard risk posed to them in terms of stability.
Regional form, design and function 4.27 Policies 53, 56 and 57 are identified as being required to have particular regard to when considering NoR's in terms of this topic. Policy 53 relates to achieving the regions urban design principles which includes such design elements as connections, context and character. Policy 56 refers to the Wellington Regional Land Transport Strategy 15 (approved September 2010) which identifies Transmission Gully as one of the implementation measures 16 .
Resource Management with tangata whenua 4.28 Particular regard is to be had to the principles of the Treaty of Waitangi (Policy 47) and avoiding adverse effects on matters of significance to tangata whenua (Policy 48). As mentioned previously in paragraph 4.12 a cultural impact assessment has been included with the application. Battle Hill Farm Forest Park is identified as a tapu site in the Council's Geographic information System (GIS) so there is the potential that items of cultural significance could be present there.
15 http://www.gw.govt.nz/assets/Transport/Regional-transport/RLTS/RLTS2010-docs/WRLTS-2010- 2040-Doco-WEB.pdf 16 Section 2.1 of Appendix Four – Implementing the RLTS
12 Soils and Minerals 4.29 Policy 40 is considered to be relevant which relates to minimising the effects of earthworks and vegetation disturbance. As commented earlier there are substantial earthworks proposed as part of the construction of TGM and the effects of these will need to be appropriately managed. There are also areas of significant ecological value identified by the Council which is discussed in Section 7 of this report.
Porirua City District Plan 4.30 The Porirua City District Plan (the District Plan) was prepared under the Resource Management Act 1991, notified 25 October 1994, and declared operative on 1 November 1999. Since this time various plan changes have been prepared as part of a 'rolling review' of which the majority are now operative.
4.31 The TGP traverses several zones as defined by the District Plan. The zones traversed by TGP inform, in part, what are considered to be the 'zone specific' relevant District Plan Objectives and Policies that particular regard is to be had in considering the effects on the environment of TGP. The zones affected by each of the NoR's are as follows:
NoR3 (Main Alignment) • Rural • Public Open Space Zone • Suburban • Judgeford Hills Zone • Recreation Zone
NoR5 (Kenepuru Link Road) • Suburban Zone; • Industrial Zone
NoR7 (Whitby Link Road) • Suburban Zone
NoR8 (Waitangarua Link Road) • Rural Zone; • Suburban Zone
4.32 In identifying the zones, it is acknowledged that neither the NoR's nor the Transpower application are subject to having to comply with the Rules of the District Plan.
4.33 There is one plan change that has land affected by TGP being Proposed Plan Change 12. Decisions on submissions to proposed Plan Change 12 were notified on 2 August 2011 in accordance with Clause 10 of the Schedule 1 of the Act and the closing time for submissions is 14 September 2011 i.e. after the date of submission of this report. It is proposed, as part of Plan Change 12, to rezone land located south of Cannons Creek legally described as Sec 2 SO 368657 (referred to as Waitangarua Farm) from Rural to Open Space. This land
13 is the subject of NoR3. It is noted that the NZTA submitted to this plan change in relation to areas affected by TGP and therefore an appeal may have been lodged in relation to the proposed zoning of this land subsequent to the writing of this report.
4.34 In Appendix A to this report are what are considered to be the relevant Objectives and Policies of the District Plan that are relevant to TGP. From these provisions, it is considered that the key environmental effects relevant to TGP can be identified. The Objectives and Policies identified are all operative and, at the time of writing of this report, there were no plan changes proposing to either amend these or introduce additional provisions.
Silt and Sediment Effects of Earthworks 4.35 The District Plan contains a number of Objectives and Policies which specifically address the effects of earthworks. This includes: • Policy C3.2.1 which seeks to protect and enhance the amenity and character of the residential resource through amongst other methods defining the nature and scale of activities such as earthworks. • Policy C4.2.2 which seeks to protect the natural and physical environment from silt run-off by the removal of vegetation and earthworks in the Rural Zone; • Policy C4A.3.6.1 which seeks to control the extent of earthworks in the Judgeford Hills Zone to an appropriate level on stormwater, geotechnical stability and amenity values; • Policy C9.1.15 which seeks to recognise, protect and enhance the existing ecological and landscape features of the Whitby Landscape Protection area, including Duck Creek through amongst other methods the management of earthworks; • Policy C10.1.5 which applies to all areas of Porirua City which seeks to manage the effects of activities likely to result in increased levels of silt run- off that could either directly or indirectly enter the coastal marine area.
4.36 It is also considered that there are indirect references to the effects of earthworks within the Objectives and Policies including: • Policy C4B2.3 which seeks to ensure that adverse environmental effects of activities within the Public Open Space and Recreation Zones, including on the environmental quality of adjoining areas and water-bodies and the coast, are avoided, remedied or mitigated.
4.37 Due to the undulating topography within Porirua City, earthworks are a commonly occurring activity associated with the development of land. TGP is another example of this, albeit at a far bigger scale than what typically occurs with other developments. It is recognised that the volume of earthworks identified to occur as part of TGP is a reflection of the length of the route, the topography of the land covered and one of the objectives of the project to provide an alternative strategic link for Wellington that improves network security.
4.38 As can be seen above, there are a number of provisions within the District Pan which seek to ensure that the effects of earthworks are appropriately managed
14 due to the adverse effect posed by uncontrolled silt and sediment runoff to the receiving environment. As part of the suite of methods to manage the effects of earthworks within Porirua City, all Zones have Permitted Activity Standards that limit the maximum area, depth/height and slope of ground (except for Recreation and Open Space Zones) that earthworks may occur as a Permitted Activity. Landuse resource consent is required, if an activity is unable to comply with the relevant Earthworks Permitted Activity Standard(s), which must include the provision of an Earthworks Management Plan/Assessment 17 with the application. It is acknowledged that the NoR's are not subject to compliance with the Permitted Activity Standards. The management of earthworks is an important issue to Porirua City due to the receiving environment being both neighbours from nuisance dust effects as well as the exposure of waterways and the Porirua Harbour, including both the Onepoto Arm and Pauatahanui Inlet, to silt and sediment runoff.
4.39 It is noted that various silt and sediment control measures have been proposed as part of the NoR's. These will need to be sited in the appropriate places and be of sufficient size for the runoff that will occur. Also at the completion of each stage excavation and filling, the restoration of exposed earthworks areas will need to be successfully implemented to mitigate on-going silt and sediment runoff post construction of TGP. This is a standard approach undertaken by the Porirua City Council in the consideration of resource consents
Ecology 4.40 As well as the ecological effects associated with earthworks as identified in paragraphs 4.35 – 4.39, there are also potential ecological effects stemming from the loss of indigenous vegetation. This is recognised by: • Policy C4.2.4 which seeks to maintain and enhance the ecological integrity and natural character of the Rural Zone; • Policy C4B.2.3 which seeks to avoid, remedy or mitigate the effects of activities on the ecological values of the Open Space and Recreation Zones; • Policy C9.1.5 which seeks to protect the ecological character of the Rural Zone; • Policy C9.1.6 which seeks to protect and preserve areas of significant native vegetation • Policy C9.1.14 which aims to protect and enhance the ecological integrity throughout Porirua City.
4.41 As can be seen, the District Plan has a suite of provisions which seek to protect and preserve areas of ecological value. These provisions highlight that sites of ecological significance and the consideration of the impacts upon them by development are a key issue in terms of the District Plan.
Landscape 4.42 There are two areas identified as having landscape values that are covered by the proposed NoR's. In the vicinity of Whitby is the Whitby Landscape Protection Area. Policy C9.1.15 makes specific reference to this landscape area
17 Section F7.4 Information Schedule 4 of the Porirua City District Plan
15 seeking to protect and enhance its landscape features. This includes Duck Creek.
4.43 To the south of Ranui and Cannons Creek is another Landscape Protection Area supported by Policy C9.1.4 which seeks to protect the Belmont Scarp and Eastern Porirua Ridge from urban encroachment to preserve the open space and rural edge of Porirua City. Whilst it is acknowledged that the proposal is for a road rather than an urban development, it is considered that this policy is applicable in the sense of ensuring that the landscape character is retained.
Amenity 4.44 The District Plan seeks to protect and enhance the amenity of the Suburban Zone (Objective C3.2, Policy C3.2.1). The District Plan also seeks to ensure that activities do not detract from the character or quality of the rural environment (Policy C4.1.3).
4.45 There are various effects associated with the project that have the potential to affect the amenity of existing residential areas as well as the rural character. These effects relate to both during the construction of the project as well as the operation of the roads. There are effects such as noise and traffic which are addressed also later in the identification of key issues through the District Plan provisions – these effects all contribute towards the 'make-up' of the amenity of an area.
4.46 During the construction of TGP there will be traffic generated by transporting workers to and from the sites, movement of earthmoving machinery and general road construction materials and infrastructure, and trucks associated with the removal of forestry. Some of these movements may be required to be through residential areas such as Ranui, Whitby and Waitangarua as identified in Section 7.2 of the Assessment of Traffic & Transportation Effects 18 . The level and nature of construction traffic through residential areas will affect those residents amenity. In the provision of comments on the Completeness Report to the EPA, comment was made on the absence of information on how the trees located south of Ranui were to be removed from near residential areas. If this removal involved forestry trucks traversing through residential areas then Policy C3.2.1 would be relevant.
4.47 Other factors associated with the construction of the project that have the potential to affect amenity is construction noise from blasting and rock crushing. This activity was identified as potentially needing to be undertaken between Cannons Creek and the Gun Club 19 . There are residential suburbs adjacent to this such as Cannons Creek and Ranui and therefore the effects of such an activity has the potential to affect the amenity of these residents.
4.48 The Lanes Flat site compound, as identified on Sheet No.GM13, and the layout of displayed in Figure 8.1 of the a.e.e, has the potential to generate noise and dust effects from such activities as concrete batching. It is assumed that this site
18 Folder 1 of 7 – Volume 3: Technical reports and supporting documents. 19 Section 5.6.2 – Excavation Characteristics of the Road Design Philosophy (Technical report 1) in Folder 1 of 7 – Volume 3: Technical reports and supporting documents)
16 compound is likely to be operated for the majority of the duration of the construction period being six years 20 . As well as nearby rural residences, Pauatahanui Village and the eastern Whitby residential area, including the approved allotments within the Silverwood subdivision located on Endeavour Drive are nearby. The effects of the site compound on the amenity of the residents will need to be appropriately managed where required.
4.49 In undertaking earthworks, there is the potential for dust nuisance stemming from the undertaking of the earthworks. Dust, unmanaged, has the potential to drift in an airborne manner onto adjacent properties and affect the amenity of the owners/occupiers of these. This potential adverse effect will need to be appropriately managed to maintain their amenity.
4.50 Operation of the roads will result in vehicle traffic noise. Traffic noise of an adverse level that is not appropriately mitigated has the potential to result in a reduction in amenity values. It is noted that the NoR's include mitigation measures to address this in the form of a combination of noise bunds and barriers. These are proposed in both a rural area (Flightys Road – Sheet GM10) as well as residential areas (Maraeroa Marae – Sheet GM15, Awatea Street – Sheet GM 20). It is also noted that Policy 7.1.3 seeks to avoid, remedy or mitigate adverse environmental effects of the transportation network on the environment which includes the effects on amenity from the construction of new roads such as that proposed.
4.51 Policy C4A.3.6.3 seeks that upgraded vehicle accesses to or from Belmont Road and TGM is limited. This provision has been included in the District Plan due to potential adverse effects on the amenity of Belmont Road and the area identified as Judgeford Hills Zone if there were to be otherwise increased traffic through this area. It is noted that access into this area will not be possible due to TGM be constructed to Motorway standard.
Noise 4.52 An objective of the District Plan is to minimise the adverse effects of noise (Objective 10.1) which includes protecting the natural and physical environment from unreasonable noise to maintain and enhance amenity values (policy C11.1.1). This will also promote peoples health (policy C11.1.2).
4.53 As identified in paragraph 4.46 there are effects associated with construction noise as well as in paragraph 4.50 the effects of the operation of the road. The effects of noise, if not properly managed, have the potential to pose a risk to people's health. Given the close proximity of some residential areas, as well as individual residences, the effects of noise in terms of health and people's amenity should be taken into account both during the construction of the roads and during their operation after construction.
Visual Effects 4.54 Policy C4.2.1 of the Rural Zone seeks to manage the environmental effects of buildings including visual effects. This policy is considered applicable due to
20 Section 8.6 of the assessment of environmental effects.
17 the proposed establishment of the Site Compounds at Lanes Flat and Paekakariki Hill Road. The concrete batching plant to be located within a 10 metre high shed at the Lanes Flat Site Compound has the potential for visual effects.
4.55 Objective C4A.3.5.1 of the Judgeford Hills Zone seeks to minimise any adverse visual effects on the surrounding landscape and natural character. Policy C4A.3.5.2 specifically recognises the effects of TGM on landscape and natural character. It is understood that the James Cook Interchange as shown on Map GM 14 is located within the Judgeford Hills Zone. It is considered that Policy C4A.3.5.2 is seeking to afford recognition that the landscape and natural character will be altered by TGM as covered by the existing designation K0405 which is described in paragraph 7.1. It is also noted that TGM is identified on the Judgeford Hills Structure Plan (Drawing C905) and the James Cook Interchange Connection option (Page D4A-3) which form part of the Judgeford Hills Zone Rules (Section D4A of the Porirua City District Plan).
Transportation 4.56 As well as containing a policy to address the effects of transport on amenity as discussed in paragraph 4.50 above, the District Plan contains an Objective and Policies to address the various issues associated with the operation of the transportation network. Objective C7.1 of the District Plan is to achieve a safe and efficient transport network without creating adverse environmental effects.
4.57 Policy C7.1.1 seeks for the establishment of a roading hierarchy to manage the effects of traffic and adjacent activities on each other. This is applicable with the identification of the main alignment (NoR3) as being for a Motorway 21 , Kenepuru Link Road (NoR5) as being State Highway 22 . The Porirua Link Roads (NoR's 7 & 8) are identified in Sections 7.2.1 and 7.3.3 as being designed to 'local road standards'. It is noted that Sheet No. GM23 Version No.B 23 has included a Cross Section of the PCC Link Roads displaying them as "Rural Minor Arterial". Confirmation of the design/construction standard for the Porirua Link Roads in the District Plan will contribute towards this policy. This policy is also applicable in informing the appropriateness of the various types/numbers of vehicle movements that will occur on the affected roads as part of the construction of TGP as defined by the hierarchy. For instance heavy vehicle movements may well be more appropriate on an Arterial Road as opposed to a Local road. This policy is also considered to be applicable in guiding the consideration of the distributional traffic effects that may occur as a result of the construction and operation of the various NoR's including maintenance of 'downstream' intersection efficiency.
4.58 Policy C7.1.3 is also applicable in a general environmental effects basis. The Principal Reason for this policy is to take into account environmental considerations when determining a new proposed road such as those that are the subject of TGP. The Principal Reason identifies effects such as those on neighbouring landuses, loss of sensitive ecosystems, increases in silt run-off and
21 Section 1.2.1 within Folder 1 of 2 of Volume 1: assessment of environmental effects report 22 Section 1.2.2 within Folder 1 of 2 of Volume 1: assessment of environmental effects report 23 Volume 4: Plan Set
18 the loss of productive farmland and visual impact of roading development. These are all issues considered to be relevant to TGP.
4.59 Policy C7.1.4 seeks to protect the corridors of existing and proposed major transport routes in the City. A method of achieving this is the designation process such as that proposed for TGP.
4.60 Policy C7.1.5 seeks a strategic approach to roading improvements. The TGM is recognised by this policy as being the "most significant roading issue for the City" 24 .
4.61 Alternative forms of transport are encouraged in the form of bicycles (Policy C7.1.7) and public transport (Policy C7.1.8). Policy C7.1.7 seeks to make the use of bicycles more convenient and safer. This policy will be applicable during both construction, such as the retention of cycle access along Kenepuru Drive, as well as provision for future cycle access on the Porirua Link Roads and passes under TGM.
Wastewater 4.62 Policy C4.2.3 requires a high standard of wastewater disposal. This policy is applicable to where there will be construction workers ablutions facilities that will require appropriate management of wastewater such as at the Proposed Site Compound at Lanes Flat.
Recreation and Open Space Values 4.63 The explanation to Objective 4B.1, which aims to provide for suitable public open spaces and recreation areas, recognises the need for transport corridors to be sited within the Recreation and Public Open Space Zones. This is applicable in this case as TGM (NoR3) is proposed to go through these zones. Policy 4B.1.2, which seeks to provide for a limited range of non-recreation and non- community activities identifies that transport infrastructure, including recognition of its significance, may need to be located within these zones.
Tangata Whenua 4.64 Objective 5.1 along with Policies 5.1.1, 5.1.3, 5.1.4, 5.15 and 5.1.6 all relate to the recognition of Te Runanga o Toa Rangatira as tangata whenua within Porirua City and their role in contributing to the management of resources within the city. As discussed previously, the Requiring Authority's commissioned a Cultural Impact Assessment from the tangata whenua. It is noted that the Cultural Impact Assessment seeks the ongoing relationship and involvement of tangata whenua as TGP progresses.
24 Principal Reasons to Policy C7.1.5 of the Porirua City District Plan.
19 Heritage 4.65 Objective C8.1 and Policy C8.1.1 seek to protect significant heritage features within the City. In the case of this proposal, St Jospehs Catholic Church and Battle Hill Farm Forest Park have been identified in the District Plan as previously discussed in paragraph 4.23 as being worthy of protection under Policy C8.1.1. The effects of TGM on the heritage values of these two features will need to be appropriately addressed.
Flooding and Earthquake Risk 4.66 Objective C12.1 and supporting Policies C12.1.2 – C12.1.5 address the minimisation of risks from earthquakes to the wellbeing and safety of the community. As identified in paragraph 4.16, the Ohariu fault line is located at the northern end of NoR3. Also, areas south of Ranui, east of Maraeroa Marae, Lanes Flat and the Ohariu Fault Line are identified as Seismic Hazard Areas in the Porirua City District Plan.
4.67 Policy C12.1.2 seeks to avoid structural damage to buildings and utility services. Policy C12.1.3 seeks to minimise the disruption to activities of community significance from an earthquake event. Policy C12.1.4 seeks to manage the risk of activities to ground liquefaction. Policy C12.1.5 seeks to minimise the effects of ground damage from land instability as a result of earthquakes. These provisions are considered to be applicable, both in terms of the manner in which TGM is designed as well as providing for its ongoing operation after an earthquake event.
4.68 Objective C12.2 and Policy C12.2.1 relate to the effects flood hazards pose to the proposed development on the land as well as the potential effects the development may have on the flood hazard to the surrounding environment. Properties fronting Kenepuru Drive within the vicinity of the Kenepuru Link Road (NoR5) and Lanes Flat are identified in Council's GIS as being subject to Overland Flow Ponding. Also there are a number of overland flow-paths identified throughout the route.
4.69 Policy C12.2.1 is applicable to the design measures associated with the various features of TGP including the roads, fill areas and Lanes Flat Site Compound. These design measures will be applicable in the sense of the risk posed by flooding to these features as well as the effects that the construction of TGP may pose to adjacent properties from increased flooding risk.
Contamination and Hazardous Substances 4.70 Objective C15.1 relates to preventing or mitigating the adverse effects associated with hazardous substances.
4.71 Policy C15.1.1 seeks to control the location of facilities involving the storage of hazardous substances. This provision is potentially applicable due to the Fuel Storage, depending on its size, identified within the Lanes Flat Site Compound 25 . Other hazardous substances may be stored as part of the construction of TGP also.
25 Figure 8.1 within Folder 1 of 2 of Volume 1: assessment of environmental effects report.
20
4.72 Policy C15.1.4 seeks to control activities that could be adversely affected by contaminated sites. Two potentially contaminated sites are identified within the route on Council's GIS both in the southern portion of the main alignment (NoR3). These two sites are Lot 6 DP 78422 (south of Ribbonwood Terrace) and Pt Lot 1 DP 28193 (Porirua Park) both being identified as former landfills. There is also the potential for other land that may be contaminated. This policy is applicable to the appropriate management of contaminated material including the disturbance of and appropriate remediation prior to being deposited as fill material.
Transpower application 4.73 As part of the application for resource consent by Transpower, the following are considered to be the relevant statutory documents: • National Policy Statement on Electricity Transmission; • Porirua City District Plan
4.74 It is noted that Transpower have applied for resource consents under the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 (NESETA). There is no scope within this particular regulation for allowing for rules in the District Plan or a resource consent to be more stringent than it 26 . Therefore in assessing the Transpower application, the applicable rules are solely those contained within the aforementioned 2009 Regulations. The District Plan provisions are only considered to be relevant to this proposal in terms of identification of possible applicable objectives and policies.
4.75 In is noted that Technical Report 21 27 of the application material contains provisions that the NZTA and PCC consider relevant to the various NoR's. It is also noted that Transpower New Zealand have identified 28 what provisions they consider to be relevant to the application for resource consent.
4.76 In Appendix A, Objective 14.1 along with Policies 14.1.1, 14.1.2 and 14.1.4(a) of the Porirua City District Plan have been listed as being relevant to the proposed relocation of the transmission lines. However it is considered that due to the dominant status of the NESETA and supporting National Policy Statement on Electricity Transmission that little if no weight should be placed on these District Plan provisions.
4.77 The National Policy Statement on Electricity Transmission (NPSET) contains Objective and Policies which it is considered are the relevant provisions to the Transpower resource consent application. The provisions, considered to be specifically relevant to this proposal are the sole Objective and Policies 1 - 8. The Objective of the NPSET is to recognise the national significance of the electricity transmission network such as the line that is the subject of this
26 Section 43B(1) of the Resource Management Act 1991 27 Technical report 21: Transmission Gully Project – Statutory provision report contained within Volume 3: Technical reports and supporting documents Folder 7 of 7 28 See section 9.2 (Volume 6: Transmission Line Relocation Project) of the Assessment of Effects on the Environment dated 8 August 2011 Transpower Resource Consent Application
21 application whilst managing its adverse environmental effects as well as potential adverse effects upon it from nearby activities.
4.78 The NPSET contains policies that are relevant to the Transpower resource consent. Policy 1 relates to the recognition of the benefits of the provision of electricity transmission including maintaining security of supply and effective operation.
4.79 Policies 2 – 8 of the NPSET are also relevant to the Transpower resource consent. These policies cover a combination of the managing of the effects on the environment of transmission line activities whilst affording recognition for such activities.
5 SUMMARY OF CONSENTS 5.1 There are potentially some applications for landuse resource consent required under the provisions of the Porirua City District Plan also. These relate to the undertaking of Earthworks in the Rural Zone for the construction of the "Proposed Track after Construction" which is partially located outside of the designation as shown on Sheet AC09 (Construction Access Plans). Also new vehicle crossings onto roads in the Rural Zone require either Controlled Activity land use consent 29 (off PCC roads) or Discretionary land use consent (off State Highways) 30 . It is considered that applications for these could be deferred to into the future once final design of the construction works is completed.
5.2 It is quite probable that an application for resource consent may be required in the future for the re-establishment of the Porirua Gun Club on another site. The Porirua Gun Club will no longer be able to occupy this site should the proposed NoR be approved and given effect to. It is not considered that this is necessary to be applied for as part of the current proposal and probably not appropriate given that they may well not have confirmed an alternative site yet.
5.3 Depending on the location of the proposals identified above, as well as applicable District Plan provisions, there may be a need to obtain affected persons approvals (Section 95E of the Resource Management Act 1991) and/or that the matter is potentially processed on a notified/limited basis. This is potentially more likely to be the case in the instance of a resource consent application for the re-establishment of the gun club being applied for due to such effects as noise.
6 PERMITTED BASELINE AND EXISTING ENVIRONMENT 6.1 As part of the commissioning of this report, the EPA has requested the provision of details of the permitted baseline and existing environment for the resource consents applied for within PCC's jurisdiction. The EPA has also
29 Rule D4.1.2(iv) of the Porirua City District Plan. 30 Rule D4.1.4(iv) of the Porirua City District Plan.
22 requested comment on whether the ability to give effect to these resource consents will be affected by the resource consents applied for.
6.2 The only resource consent that has been applied for, that is within the territorial authority boundary of, and is within the Functions 31 of Porirua City Council is the application by Transpower. In regard to the Transpower application, the area that falls within the territorial boundary of Porirua City is that area covered from between Structure Numbers 11A and 12A to Structure 49 32 .
Methodology utilised in preparing this section 6.3 The permitted baseline and existing environment are considered to be two distinct concepts. The permitted baseline is those effects that are permitted by the District Plan and also, in this particular case, by the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009. The existing environment is considered to be just that, combined with anticipating effects that presently do not exist but may occur as of right and resource consents that have been approved that are likely to be given effect to. This approach is considered to be consistent with the Court of Appeal decision in Queenstown-Lakes District Council vs Hawthorn Estate Limited and T Bailey and Others (CA45/05) where it was commented:
"In our view, the word "environment" embraces the future state of the environment as it might be modified by the utilisation of rights to carry out permitted activity under the district plan. It also includes the environment as it might be modified by the implementation of resource consents which have been granted at the time a particular application is considered, where it appears likely that those resource consents will be implemented." 33
6.4 Therefore to assist in informing the description of the environment the following methodology has been followed: • Identification of properties for which it is to proposed to relocate the transmission lines and associated structures; • Identification of adjoining properties; • Identification of resource consents on the land identified as per the first two bullet points that have been granted that have not expired and have yet to be given effect to; • Comment on whether it appears likely that those resource consents that have been granted will be implemented. • Identification of underlying zoning and applicable Permitted Activities; • Analysis of 2010 aerial photographs. A site visit was also undertaken on 16 June 2011 as part of the pre-lodgement work commissioned by the EPA on TGP.
31 Section 31 of the Resource Management Act 1991 32 Schedule of Changes to Transmission Line Support Structures – Appendix B of Transpower resource consent application. 33 Para 84 of the decision of the Court of Appeal CA45/05
23 Permitted Baseline 6.5 Provision is made for network utilities that existed at the time of notification of the Porirua City are provided for as a Permitted Activity (Rule D4.1.1(ii)) in the Rural Zone and prior to 22 September 2007 in the Public Open Space Zone (Rule DC.1.1(xii)). Irrespective to when the existing transmission lines that are the subject of the Transpower application were established, the rules in the Resource Management (National Environmental Standards for Electricity Activities) Regulations 2009 (NESETA) supersede these two rules. For this reason it is considered that it is the NESETA that sets the 'permitted baseline' rather than the District Plan in relation to existing transmission lines.
6.6 Regulation 14 of the NESETA provides for the relocation of Transmission Line towers subject to compliance with identified sub-clauses. These provisions are summarised in Section 4.2.2 of the assessment of environmental effects accompanying the Transpower application. It is considered that the parameters set out in the NESETA for permitted activities establish the permitted baseline of environmental effects that may occur in relation to the relocation of transmission towers. It is acknowledged that the NESETA only applies to existing transmission lines.
6.7 No provision is made for new network utilities outside of a road as a Permitted Activities in either Zone in the District Plan. Those network utilities located within a Rural zoned road that include lines conveying electricity up to and including 110kV are permitted where the support structure does not exceed 10 metres in height or 2 metres in diameter. New aboveground lines for conveying electricity at a voltage above 110kV, or with a design capacity above 100MVA per circuit in the Rural Zone are not provided for as a Permitted Activity by the District Plan. Likewise, new above-ground lines for conveying electricity at a voltage above 110kV are not provided as a Permitted Activity in the Public Open Space Zone.
6.8 It is not considered that there are any activities permitted in the Rural or Open Space Zones by the District Plan that are of a comparative nature to the proposed transmission line relocation. Furthermore, it is considered that any activities involving establishment of new transmission lines provided for as a Permitted Activity by the District Plan are of a relatively modest nature due to the limitation of the scale of the associated support structures compared to the scale of the effects associated with the proposed relocation of the transmission line.
6.9 It is therefore considered that it is only the effects permitted by the NESETA which are relevant in determining the 'permitted baseline'. No comparison has been sought by the EPA for a comparison of the effects of the proposed transmission line relocation with the 'permitted baseline' of effects.
Existing Resource Consents on Subject Land 6.10 The properties that are the subject of the application for resource consent are identified in the From 9 attaching to the Transpower application 34 . A search of
34 Contained in Volume 6: Transmission Line Relocation Project
24 the Council's resource consent database was undertaken and it has been identified that there are no resource consents that have been issued that have yet to expire. There are no current applications for resource consent upon them at the time of writing of this report.
Existing Resource Consents on Land Adjoining Subject sites 6.11 In terms of properties adjoining the land that is the subject of the Transpower application, the resource consents that have been applied for on the identified land and their status are in Table 1.
6.12 In regards to the accessory building which was to have a height of approximately 5.5 metres that was granted resource consent (RC4846) at 298C Paekakariki Hill Road, the Building Consent (BCA098807) was granted but has expired. This accessory building is approved to be co-located with an existing accessory building approximately 700 meters from Tower 39 shown on Sheet No GM10 35 . It is considered that due to the required building consent being allowed to expire that it is not appropriate to consider that it is likely that RC4846 will be implemented. In any case given the 700 metre separation distance from Tower 39 it is not considered that this would have formed part of the immediate environment in this area. For these reasons it is not considered that RC4846 should be taken into account when assessing the effects on the environment of the Transpower proposal.
6.13 In regards to the subdivision of 55 Jones Deviation (RC4206), an extension of time 36 was granted in April 2011. Two allotments are proposed to be created out of an existing single Site for which an indicative building platform is identified on each approved lot. Given that the current owner is the same person who originally applied for the resource consent, and that the Council has determined, through the issuing of an extension of time that 'substantial progress has and continues to be made' towards giving effect to the consent that it is likely that this subdivision will be given effect to and therefore the existence of two allotments, rather than the present one, can be taken into account in assessing the effects of the Transpower proposal upon the adjoining receiving environment. No applications for landuse consent have been applied for to construct a building on either of these consented allotments though should ultimately Certificates of Title be obtained for them it is considered reasonable to assume that a future dwelling will be constructed upon them. However it is noted that under the current provisions of the Porirua City District Plan, a resource consent would be required to construct a dwelling on either allotment either as a Controlled Activity37 or Discretionary Activity 38 depending on compliance with the Rural Zone Permitted Activity standards 39 . Therefore it is considered that due to the construction of dwellings on each allotment, not being permitted activities, that it would be inappropriate to consider these potential future buildings as forming part of the environment in considering the Transpower application.
35 Sheet GM10 Version No.B in Volume 4: Plan Set. 36 Pursuant to Section 125 (Lapsing of Consent) of the Resource Management Act 1991 37 Rule D4.1.2(i) of the Porirua City District Plan 38 Rule D4.1.4(i) of the Porirua City District Plan 39 Rule D4.2 of the Porirua City District Plan.
25
6.14 The approved subdivision (RC4136) of 850A Paekakariki Hill Road, is to be undertaken in three stages creating seven allotments. Stage one, being the creation of Lot 2 DP 389851, has been completed leaving the balance lot being Pt Lot 101 DP 389851. Approved Lot 7 was covered by the original Transmission Gully Designation and has been acquired by the New Zealand Transport Agency. There are a remainder of five allotments still to be created. An extension of time 12 has been granted for giving effect to this subdivision resource consent. Based on the issuing of an extension of time it is considered that it is likely that this subdivision will be given effect to and therefore the existence of five additional allotments, rather than the present one, can be taken into account in assessing the effects of the Transpower proposal upon the adjoining receiving environment. For the same reasons as outlined in paragraph 6.13 it is considered that it would be inappropriate to consider future potential buildings as forming part of the environment.
6.15 Given the nature of the resource consents that have been granted and the separation distance of the sites on which they are located from the proposed transmission line, it is not considered that the ability to give effect to them will be affected by the Transpower proposal. Furthermore it should still be feasible to construct a dwelling on each of the new allotments likely to be created despite the presence of the relocated transmission lines because of this separation distance.
26
Address Owners Legal desc. RC# Date granted Status Description 850C Paekakariki C & R Draper Pt Lot 101 DP RC4136 27/01/06 Current (expires on Staged 7 lot Hill Road 389851 12/02/14) subdivision and landuse consent for associated earthworks 289C Paekakariki Y & K Williams- Lot 2 DP 303397 RC4846 01/07/07 Current Construct an Hill Road Elliott accessory building 55 Jones Deviation D Barton Lot 4 DP 85032 RC4206 06/03/06 Current (expires on 2 lot subdivision 06/03/16) and landuse consent for associated earthworks
27 Underlying Zoning 6.16 The proposed transmission line relocation traverses two zones being the Rural and Public Open Space Zones. The activities that may be undertaken as Permitted Activities are viewable on the links attached as Appendix B.
6.17 The predominant activity that is permitted in the Rural Zone is Primary Production Activities 40 (Rule D4.1.1(i)). It is also noted that up to one hectare or production forestry can be removed as a Permitted Activity (Rule D4.1.1(x)) also.
6.18 The Public Open Space Zone applies to Battle Hill Forest Farm Park which has Tower's 27 and 30 within it. Like the Rural Zone, Primary Production Activities are permitted in this zone (Rule D4C.1.1(v)). Also various recreation, community and environmental enhancement related activities are permitted. It is also noted that Buildings up to 8 metres in height are permitted within the Battle Hill Forest Farm Park (Rule D4C.2.1).
Analysis of Aerial Photographs 6.19 The Porirua City Council commissioned aerial photographs that were flown in February 2010. Also the author of this report attended a site visit on 16 June 2011 as part of the completeness check work commissioned by the EPA. Utilising the combination of the observations made on the site visit and viewing the aerial photography it is considered that a basic description of the environment can be provided as follows.
6.20 The northern reaches (chainage 5000m – 10,000m as identified on Sheet's GM04 – GM07 41 ) are rural in nature and sparsely populated with few buildings, if any within the location of the existing transmission lines or their new proposed location. The nearest dwelling, at 874 Paekakariki Hill Road is approximately 850 meters from the nearest tower being Tower 23. To the east of the transmission line is uninhabited land that is either covered in pasture or vegetation.
6.21 From approximately chainage 10000m to 11500m, is the Battle Hill Forest Farm Park. This is rural in nature and is predominantly covered in pasture with vegetation to the east. Minimal changes to the transmission line are occurring within the Battle Hill Forest Farm Park.
6.22 The area covered by the next portion of transmission line to be relocated, being between Towers 30 – 33A is rural in nature though it is noted that there is a difference in nearby dwellings, both in density as well as proximity, compared to the areas previously described. There is a residential dwelling (548 Paekakariki Hill Road) located within approximately 60 metres of the transmission line and 3 other dwellings (at 516, 510 and 504 Paekakariki Hill Road) within approximately 150 – 200 metres west of the existing transmission line. To the east of these towers is vegetation.
40 See Page M-19 of the Porirua City District Plan for a definition. 41 Sheets GM04 – GM07 version No.B in Volume 4: Plan Set of TGP application
28
6.23 The final area covered by the relocated transmission line is from Towers 39 to 44. The difference between this area and the previous described areas is that dwellings adjacent to the route are located to the east of the line as opposed to the west. This area is still overall rural in nature. Flightys Road is located to the east of the proposed transmission line route. Flightys Road, particularly its northern end adjacent to the east of the proposal is what could be termed a 'low density rural lifestyle area' characterised by sites approximately 5 – 6 hectares in area. To the west of the transmission line is production forest.
Summary of Existing Environment 6.24 The existing environment is predominantly rural for which there is an existing transmission line located within the general vicinity of the proposed TGP route. However within this rural environment there is an increase in density of residential activity adjacent to the altered transmission line route from the northern end to the southern end. There are some sites that have resource consent approvals which are likely to be given effect to in the future which may ultimately lead to several additional dwellings adjacent to the transmission lines but it is considered that the environment will still be predominantly rural in nature. The relative closeness of the existing dwellings identified in paragraphs 6.22 and 6.23 means that they may be more sensitive to the effects of the relocation of the transmission line compared to properties located at the 'northern end'.
6.25 In describing the existing environment it is noted that there is an existing designation for TGM 42 . However given that this existing designation is unlikely to be given effect, based on the lodgement of a replacement Notice of Requirement that is being concurrently considered with the Transpower resource consent, it is not considered appropriate to include TGM as forming part of the existing environment. This comment is limited to the provision of comment on the resource consent application by Transpower as requested by the EPA.
Sensitive Land Uses 6.26 A sensitive land use is defined as including the "use of land for a childcare facility, school, residential building, or hospital. 43 " The only sensitive land use within the vicinity of that part of the transmission line to be relocated is residential buildings as described above in paras. 6.19 – 6.23. It is noted that Section 7.6 of the a.e.e accompanying the Transpower proposal addresses effects on sensitive landuses. It is further noted that there are no occupied buildings within 12 metres of the existing or proposed route of the transmission line which is a condition pertaining to the determination of whether the proposal is a Permitted Activity 44 .
42 Designation by New Zealand Transport Agency identified as K0405 – Motorway Purposes in the Porirua City District Plan 43 Definition of Sensitive Land Use – Regulation 3 of the NESETA. 44 Regulation 14 of the NESETA
29 7 ANY OTHER KEY ISSUES
Existing Designations 7.1 The Porirua City District Plan already contains existing designations by NZTA relating to TGP:
Requiring Authority Map Ref Designation Title Location NZTA K0405 Motorway Purposes Transmission Gully Route NZTA K0406 State Highway Kenepuru Link purposes – Limited Road to Access Road Transmission Gully Route
7.2 The existing Kenepuru Link Road designation was located at 33 & 35 Kenepuru Drive, i.e. to the north of NoR5. K0405 follows a similar alignment to NoR3 though no in-depth comparison has been made to the differences between the two. There are no other existing designations for PCC Link Roads.
7.3 There are other designations that the proposed NoR's cover. This includes the North Island Main Trunk Railway (K0101 – New Zealand Railways Corporation) and Battle Hill Regional Park (K0703 by Wellington Regional Council). State Highway's 1 (K0403) and 58 (K0404) are designated by the NZTA whilst all existing public roads within the control of Porirua City Council are designated (K1054).
Plan Changes 7.4 Section 5.3 of Technical report 22 identifies proposed Plan Changes 10 and 11. Both of these plan changes are now operative as of 1 July 2011. The sole amendment to the District Plan objectives and policies was the inclusion of a requirement for the provision of Outdoor Living Areas associated with residential activities in the Suburban Zone reflected in Policy C3.2.1. TGP is not considered to be affected by this change.
7.5 The Statutory Provisions Report lists Policy 58 in the identification of provisions in the proposed RPS. This has been deleted however by decisions on submissions to the proposed RPS.
Non-Statutory Documents 7.6 There are three documents which address environmental effects within Porirua City which are of note. In identifying these it is noted that they have not been prepared under the Resource Management Act 1991 however they are of use in identifying key issues to Porirua City.
Porirua Development Framework 7.7 The Porirua Development Framework (PDF) was finalised in August 2009. The PDF can be viewed on www.pcc.govt.nz/DownloadFile/Publications/Porirua- Development-Framework/Porirua-Development-Framework-August-2009. The PDF is a guiding document to influence how and where Porirua City will grow
30 in the next 30 years. The PDF is a 'non-statutory document'. The PDF has taken into account the potential establishment of TGM.
7.8 The PDF has identified the possibility of establishing a Industrial/Business Growth area around the TGM/State Highway 58 interchange in the long term 45 . In identifying this potential growth area, the PDF acknowledges that further detailed investigation is required to determine the actual suitability of this area for this form of development.
7.9 Pauatahanui and Judgeford have been identified as areas to consider provision for future rural residential development either side of TGM 46 . The PDF acknowledges that such a change will need to be carefully managed and not preclude other development options.
7.10 As mentioned previously the PDF is a guiding 'non-statutory' document. The identification of TGM in the PDF however highlights that this has been taken into account in guiding future potential growth of Porirua City.
Draft Porirua Harbour Catchment Strategy and Action Plan 7.11 The Porirua City Council along with three other key stakeholders, being Wellington City Council, Greater Wellington Regional Council and Ngati Toa Rangatira has recently released the Draft Porirua Harbour Catchment Strategy and Action Plan for public comment. It is noted that the NZTA, regional Public health and various 'conservation focussed' groups have been involved in the development of the strategy and action plan which is viewable on http://www.pcc.govt.nz/News---Events/Public-Consultation/Draft-Porirua- Harbour-and-Catchment-Strategy. This draft document provides "a framework for and schedule of coordinated and targeted action to restore the health of Porirua Harbour and its contributing streams" 47 .
7.12 The vision of the strategy and action plan is a "A healthy catchment, waterways and harbour, enjoyed and valued by the community". The strategy and action plan contains three key objectives being: • Reduce sediment rates; • Reduce pollutant inputs; and • Ecological restoration.
7.13 The development of this draft strategy and action plan is the latest step that has been undertaken in the Porirua Harbour and Catchment Management Programme 37 . The strategy and action plan is a non-statutory document but it does outline the key aims to contribute towards improving the health of Porirua Harbour. This is a key issue for Porirua City and is of relevance to this report given that TGP is located within the Harbour Catchment.
45 Section 7.3 of the Porirua Development Framework August 2009. 46 Section 7.4 of the Porirua Development Framework August 2009. 47 http://www.pcc.govt.nz/Publications/Porirua-Harbour-and-Catchment-Management-Programme
31 Inventory of Ecological Sites in Porirua City 7.14 The Inventory of Ecological Sites in Porirua City dated July 2001 (the Inventory) is a report prepared for Porirua City Council which identifies sites of ecological significance within the City. The Inventory identifies sites of ecological significance and provides a ranking of their significance. Sites have been ranked from 1 (Of greatest ecological significance, and rare or scarce in Porirua City) to 6 (Not ecologically significant, but may have amenity or other values) 48 . This document is not viewable on the Council's website but is publicly available from the Council.
7.15 The sites listed within the Inventory are generally not included in the District Plan other than in the Recreation and Open Space Zone's. The Inventory is regularly utilised in the processing of resource consents to identify sites of potential ecological significance which is taken into account in the processing of resource consents. Depending on the actual presence of the identified ecosite, its ecological value and the proximity of the proposed development to the ecosite usually determines whether a specific ecological impact assessment is required. Dependent on the effects of the proposal on the ecosite may result in modifications to the proposal. It is noted that ecosite's within the Inventory have been identified on the Road Layout Plans and Landscape Plans within Volume 4: Plan Set of the application material.
Designation Boundary 7.16 The alignment of the designation boundary has the potential to result in some parcels of land either being severed such as the rear section of 874 Paekakariki Hill Road. The Rural Zone provisions in the Porirua City District Plan provide for the creation of allotments down to a minimum size of 5 hectares 49 . Section 106 of the Resource Management Act 1991 identifies the need for the provision of legal and physical access to each allotment. In making these comments it is fully acknowledged that this is not an application for subdivision resource consent and therefore these two provisions do not apply. It is also noted that there is the potential for the existing access to some properties to be affected by the proposed NoR's. However the principles of the 5 hectare provision, which is to contribute towards the long term sustainable management of the rural resource and Section 106 to ensure individual allotments are accessible is relevant to TGP.
Conditions 7.17 A key issue should the NoR's be confirmed and/or the Transpower application be granted is the efficient administration of future management plan approvals as well as general monitoring of TGP. This is essential in assisting the management of the effects of TGP should it be approved.
7.18 It is considered that it would be of considerable assistance in the future administration of the conditions if they were to be drafted in a manner that either overtly recognises specific mitigation measures that have been identified as required as needing to be undertaken in the technical reports or undertakings
48 Section 4.9 of the Inventory. 49 Rule D4.1.4(11) of the Porirua City District Plan.
32 made as a result of consultation or a statement included with the submission of the various management plans identifying how the proposal is consistent with the relevant supporting documents. It is impractical given the large amount of application material and various mitigation measures identified throughout for a Council processing planner to confirm whether all these matters have been tended to as part of the Outline Plan Approval process. This would be both costly for the Requiring Authority in terms of processing officer time spent on researching the NoR application material and subsequent amendments to the application as well as pose a significant challenge to the Territorial Authority processing the Outline Plan in the required 20 working days 50 .
50 S176A(4) of the Resource Management Act 1991: Within 20 working days after receiving the outline plan, the territorial authority may request the requiring authority to make changes to the outline plan.
33 Appendix A
Porirua City District Plan Objectives and Policies
C2. Industrial Zone Objectives and Policies Objective C2.1 To promote the sustainable management of Porirua City's industrial resource by encouraging a wide range of activities to establish provided adverse effects are avoided, remedied or mitigated. Policy 2.1.3 To allow a wide range of activities in the Industrial Zone provided any adverse environmental effects are avoided, remedied or mitigated.
C3. Suburban Zone Objectives and Policies Objective C3.2 To encourage an environment which continues to sustain Porirua City's Suburban Zone as an attractive, healthy and safe place in which to live. Policy C3.2.1 To protect and enhance the amenity and character of the residential resource by defining standards for the bulk and location of buildings, the provision of open space, and the nature and scale of activities.
C4. Rural Zone Objectives and Policies Objective C4.1 To identify a Rural Zone and continue its management so as to avoid, remedy or mitigate the effects of the activities within it. Policy C4.1.3 To ensure that activities within the Rural Zone do not detract from the character or quality of the rural environment. Policy C4.1.8 To protect the long term potential of the rural land resource by ensuring that the new allotments for which a certificate of title can be issued are capable of accommodating a range of primary production activities.
Objective C4.2 To avoid or reduce the adverse effects of activities on ecosystems and the character of the Rural Zone. Policy C4.2.1 To manage the environmental effects of buildings on the rural resource. Policy C4.2.2 To protect the natural and physical environment from silt run-off caused by the removal of native vegetation and earthworks and disturbances to the land. Policy C4.2.3 To require a high standard of wastewater disposal at all times. Policy C4.2.4 To encourage the maintenance and enhancement of the ecological integrity and natural character of the
34 Rural Zone.
C4A. Judgeford Hills Zone Objective C4A.3.3 To provide for existing and proposed infrastructure services in a manner that is physically and environmentally sustainable. Policy C4A.3.3.1 To manage the effects of stormwater generated during and after construction.
Objective C4A.3.5.1 To minimise any adverse visual effects of development on the surrounding landscape and natural character. Policy C4A.3.5.2 To have regard to the effects of the Transmission Gully Motorway on landscape and natural character.
Objective C4A.3.6 To provide for development that is in accordance with the structure plan and which avoids, remedies or mitigates adverse effects. Policy C4A.3.6.1 To control the extent of earthworks in the Judgeford Hills Zone to the extent that is appropriate in terms of potential effects on, stormwater, geotechnical stability, amenity values. Policy C4A.3.6.3 To limit any future new or upgraded vehicle access to or from Belmont Road and/or the Transmission Gully Motorway.
C4B. Recreation and Open Space Zone Objective 4B.1 That the use and development of public open spaces and recreation areas in Porirua City provides for and complements the demand for recreation and community activities and contributes to the City's amenity and character. Policy C4B.1.2 To provide for a limited range of non-recreation and non-community activities on recreation areas and public open spaces.
Objective C4B.2 That the use and development of recreation areas and public open spaces does not have significant adverse effects. Policy C4B.2.3 To provide for and manage activities within the City's recreation areas and provide open spaces in a manner that ensures that any adverse environmental effects are avoided, remedied or mitigated.
C5. Responding to the Principles of the Treaty of Waitangi Objective C5.1 To respond to the principles of the Treaty of Waitangi, and the other matters of significance to Maori as referred to in the Act, in a manner which is appropriate and clear.
35 Policy C5.1.1 To recognise Te Runanga O Toa Rangatira as the voice of the tangata whenua. Policy C5.1.3 To have particular regard to the exercise of kaitiakitanga in the management of the resources of the City. Policy C5.1.4 To recognise the desire of Ngati Toa to maintain and enhance their traditional relationship with the natural world. Policy C5.1.5 To recognise the resources needed by Ngati Toa if the tangata whenua are to have an active role in all aspects of resource management in the City. Policy C5.1.6 To protect waahi tapu and other taonga from desecration.
C6. Subdivision Objective C6.1 To promote a pattern of land ownership which enhances the opportunities for the sustainable management of resources. Policy C6.1.5 To protect the long-term potential of the rural land resource by controlling subdivision which does not directly contribute to the long-term sustainable management of the rural resource. The Judgeford Hills Zone makes specific provision for the sustainable management of the rural land resource within that zone.
C7. Transport Objective C7.1 To achieve a safe and efficient transportation network that enables the people of the city and their wider community to provide for their social and economic well-being without creating significant adverse environmental effects. Policy C7.1.1 To use a roading hierarchy as the basis for the management of the effects of traffic on adjacent activities, and the effects of activities on the transportation network. Policy C7.1.2 To ensure that the adverse effects of land use and development on the efficiency and safety of the transportation network are taken into account, and any intersection or frontage conflicts are avoided or minimised or remedied as appropriate. Policy C7.1.3 To avoid, remedy or mitigate the adverse environmental effects of the transportation network on the environment. Policy C7.1.4 To protect the corridors of existing and proposed major transport routes in the City. Policy C7.1.5 To encourage the undertaking of major road improvements in a timely manner and in a sequence, location and form that reflects comprehensive
36 economic, social and environmental assessments. Policy C7.1.6 To encourage major new developments and activities in a manner that makes best use of the City's existing and proposed transportation network. Policy C7.1.7 To encourage the use of bicycles for commuting, recreation, and general access around the City. Policy C7.1.8 To actively encourage the provision of public transport and its use throughout the City, and between the City and adjacent locations.
C8. Heritage Objective C8.1 To protect significant heritage features in Porirua City. C8.1.1 To identify and protect significant heritage features.
C9. Landscape and Ecology Objective C9.1.1 To manage in a sustainable manner the landscape and ecological systems within Porirua City. Policy C9.1.1 To prevent urban encroachment into sensitive ecological and landscape areas. Policy C9.1.4 To protect the Belmont Scarp and Eastern Porirua Ridge from urban encroachment in order to preserve the open space and rural edge of Porirua City. Policy C9.1.5 To protect the visual and ecological character of the Rural Zone. Policy C9.1.6 To encourage the protection and preservation of areas of significant native vegetation. Policy C9.1.12 To protect and enhance the spiritual, cultural, ecological and amenity values of rivers and the coast. Policy C9.1.14 To encourage the protection and enhancement of ecological integrity throughout Porirua City. Policy C9.1.15 To recognise, protect and enhance the existing ecological and landscape features in the Whitby Landscape Protection Area, including Duck Creek and the Resolution Ridge, through subdivision design, location, roads, low residential densities, allotment size and the management of earthworks and vegetation clearance.
C10. Coastal Objective 10.1 To protect and enhance the spiritual, cultural, ecological and amenity values of the coast. Policy C10.1.1 To promote the long-term legal protection of, and access to, the coast through the use of riparian strips. Policy C10.1.5 To manage the effects of activities likely to result in increased levels of contaminants and silt run-off so as to avoid and/or mitigate these effects on the coastal environment and coastal marine area.
37 C11. Noise Objective C11.1 To minimise the adverse effect of noise on the environment. Policy C11.1.1 To protect the natural and physical environment from unreasonable noise in order to maintain and enhance the amenity values of the environment. Policy C11.1.2 To promote health by ensuring environmental noise does not exceed a reasonable level.
C12. Natural Hazards Objective 12.1 To minimise the risk from earthquakes to the wellbeing and safety of the community. Policy C12.1.2 To minimise the effects of ground damage from Ohariu fault movement in rock or very stiff soil types. Policy C12.1.3 To minimise the effects of ground damage from Ohariu fault movement in intermediate and flexible, or deep soil. Policy C12.1.4 To manage the effects of ground damage from earthquake induced liquefaction of soils. Policy C12.1.5 To minimise the effects of ground damage created by slope failures, earthquake induced slope instability and landslides.
Objective C12.2 To avoid or mitigate the adverse effects associated with flood hazard on the well-being and safety of the community. Policy C12.2.1 To ensure the flood hazard is considered in the subdivision, use, development and protection of the land.
C14. Network Utilities Objective C14.1 To provide for the efficient development of network utilities, while protecting the present use and future development potential of the land, and minimising any potential adverse effects on the environment. Policy C14.1.2 To ensure that the location of network utilities do not reduce the present use or future potential, and amenity of the area. Policy C14.1.4(a) To avoid, or mitigate, any potential adverse effects of above ground lines. Policy C14.1.5 To recognise the importance of existing network utilities to the functioning of the City.
C15. Hazardous Substances Objective C15.1 To prevent or mitigate any adverse environmental effects of accidental discharges to the environment caused by the use and storage of hazardous substances and environmentally damaging substances.
38 Policy C15.1.1 To control the location of facilities which use and store hazardous substances and environmentally damaging substances, and which pose a risk to the environment and/or to human health. Policy C15.1.4 To control activities where they could be adversely affected by contaminated sites.
39 Appendix B
Porirua City District Plan Rural and Public Open Space Zone's provisions and National Policy Statement on Electricity Transmission Objectives and Policies
Rural Zone provisions are viewable at: http://www.pcc.govt.nz/DownloadFile/Publications/District-Plan/District-Plan-D4- Rural-Zone
Public Open Space Zone provisions are viewable at: http://www.pcc.govt.nz/DownloadFile/Publications/District-Plan/District-Plan-D4C- Public-Open-Space-Zone-Rules
The National Policy Statement on Electricity Transmission Objectives and Policies is viewable at: http://www.mfe.govt.nz/publications/rma/nps-electricity-transmission-mar08/nps- electricity-transmission-mar08.html
40