Robina Needham Trapeze Volant Ltd | Director [email protected] Mob: +64 (0) 27 370 0332

Robina Needham Trapeze Volant Ltd | Director Robinaneedham@Gmail.Com Mob: +64 (0) 27 370 0332

9th April 2020

District Services – Resource Consents Far North District Council Private Bag 752 Kaikohe 0440

Attention Louise Wilson

Dear Louise

APPLICATIONS FOR RESOURCE CONSENT FOR LAND USE BY TRAPEZE VOLANT LIMITED.

Trapeze Volant Ltd has prepared an Application for Resource Consent for Land Use of Te Ti 7A Lot 2.

The application site is located at 54 Puketona Road/ State Highway 11, Paihia and is zoned Coastal Residential.

This site was recently granted Resource Consent 2200410-RMACOM to Subdivide Te Ti 7A into Lot 1 600 square metres and Lot 2 6,141 square metres

Owing to the Covid 19 lockdown, it has been difficult to get professional assistance on the Application for Resource Consent for Land Use. Trapeze Volant Ltd has relied heavily on the information presented in Resource Consent 2200410-RMASUB

With respect to application fees, Trapeze Volant Ltd, will pay either online using the reference “Trapeze Volant Resource Consent” or at the Service Centre in Kerikeri.

Please find attached the following information in support of the application:

• Completed Application Form • Planning Report and Assessment of Effects • Scheme plan • Certificate of Title, • Written Approval forms; • Supporting information; and, • Correspondence from Top Energy, Chorus and NZTA verbal pending email • Copy of Resource Consent 2200410-RMACOM

Please advise who the reporting planner will be as soon as possible, and should you have any queries in respect to this application please contact me.

Yours faithfully

Robina Needham Trapeze Volant Ltd | Director [email protected] mob: +64 (0) 27 370 0332

Office Use Only Application Number:

APPLICATION FOR RESOURCE CONSENT OR FAST-TRACK RESOURCE CONSENT (Or Associated Consent Pursuant to the Resource Management Act 1991 (RMA)) (If applying for a Resource Consent pursuant to Section 87AAC or 88 of the RMA, this form can be used to satisfy the requirements of Form 9) Prior to, and during, completion of this application form, please refer to Resource Consent Guidance Notes and Schedule of Fees and Charges – both available on the Council’s web page. 1. Pre-Lodgement Meeting Have you met with a Council Resource Consent representative to discuss this application prior to lodgement? ----- Yes- / No 2. Type of Consent being applied for (more than one circle can be ticked):

O Land Use O Fast Track Land Use* O Subdivision O Discharge O Extension of time (s.125) O Change of conditions (s.127) O Change of Consent Notice (s.221(3)) O Consent under National Environmental Standard (e.g. Assessing and Managing Contaminants in Soil) O Other (please specify) *The fast track for simple land use consents is restricted to consents with a controlled activity status and requires you provide an electronic address for service. 3. Would you like to opt out of the Fast Track Process? Yes / No 4. Applicant Details: Name/s: Trapeze Volant Limited

Electronic Address for Service (E-mail): [email protected]

Phone Numbers: Work: ______027 370 0332 Home: ______027 282 4338

Postal Address: ______3104 State Highway 12 (or alternative method of service under ______RD 9 section 352 of the Act) ______Dargaville Post Code: ______0379

5. Address for Correspondence: Name and address for service and correspondence (if using an Agent write their details here). Name/s: Trapeze Volant Limited

Electronic Address for Service (E-mail): [email protected]

Phone Numbers: Work: 027 370 0332 Home: 027 282 4338

Postal Address: 3104 State Highway 12 (or alternative method of service under RD 9 section 352 of the Act) Dargaville Post Code: 0379 All correspondence will be sent by email in the first instance. Please advise us if you would prefer an alternative means of communication. 6. Details of Property Owner/s and Occupier/s: Name and Address of the Owner/Occupiers of the land to which this application relates (where there are multiple owners or occupiers please list on a separate sheet if required)

Name/s: F & C Osler-Weppenaar

Property Address/: 54 Puketona Road Location Paihia

7. Application Site Details: Location and/or Property Street Address of the proposed activity:

Site Address/ 56 Puketona Road Location: Paihia

Legal Description: Te Ti 7A Val Number: _

Certificate of Title: NA10D/1388 Please remember to attach a copy of your Certificate of Title to the application, along with relevant consent notices and/or easements and encumbrances (search copy must be less than 6 months old)

Site Visit Requirements: Is there a locked gate or security system restricting access by Council staff? -----Yes / No Is there a dog on the property? -----Yes / No Please provide details of any other entry restrictions that Council staff should be aware of, e.g. health and safety, caretaker’s details. This is important to avoid a wasted trip and having to re-arrange a second visit. Please contact Robina 027 282 4338 prior to visiting the site

8. Description of the Proposal: Please enter a brief description of the proposal here. Attach a detailed description of the proposed activity and drawings (to a recognized scale, e.g. 1:100) to illustrate your proposal. Please refer to Chapter 4 of the District Plan, and Guidance Notes, for further details of information requirements. Obtain Resource Consent for Land Use for Lot 2 (6,141 square metres) Te Ti 7A to create 10 Lots of 600+ square metres each (10.8.5.2.1) with a building height of 9 metres (10.8.5.2.3)

If this is an application for an Extension of Time (s.125); Change of Consent Conditions (s.127) or Change or Cancellation of Consent Notice conditions (s.221(3)), please quote relevant existing Resource Consents and Consent Notice identifiers and provide details of the change(s) or extension being sought, with reasons for requesting them.

9. Would you like to request Public Notification -----Yes/No 10. Other Consent required/being applied for under different legislation (more than one circle can be ticked): O Building Consent (BC ref # if known) O Regional Council Consent (ref # if known)

O National Environmental Standard consent O Other (please specify) Not Applicable

11. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health: The site and proposal may be subject to the above NES. In order to determine whether regard needs to be had to the NES please answer the following (further information in regard to this NES is available on the Council’s planning web pages):

Is the piece of land currently being used or has it historically ever been O yes O no O don’t know used for an activity or industry on the Hazardous Industries and Activities List (HAIL) Is the proposed activity an activity covered by the NES? (If the activity is O yes O no O don’t know any of the activities listed below, then you need to tick the ‘yes’ circle). O Subdividing land O Changing the use of a piece of land O Disturbing, removing or sampling soil O Removing or replacing a fuel storage system 12. Assessment of Environmental Effects: Every application for resource consent must be accompanied by an Assessment of Environmental Effects (AEE). This is a requirement of Schedule 4 of the Resource Management Act 1991 and an application can be rejected if an adequate AEE is not provided. The information in an AEE must be specified in sufficient detail to satisfy the purpose for which it is required. Your AEE may include additional information such as Written Approvals from adjoining property owners, or affected parties.

Please attach your AEE to this application.

13. Billing Details: This identifies the person or entity that will be responsible for paying any invoices or receiving any refunds associated with processing this resource consent. Please also refer to Council’s Fees and Charges Schedule.

Name/s: (please write all names in full) Trapeze Volant Limited

Email: [email protected] Postal Address: 3104 State Highway 12 RD 9 Dargaville Post Code: 0379

Phone Numbers: Work: 027 370 0332 Home: 027 282 4338 Fax:

Fees Information: An instalment fee for processing this application is payable at the time of lodgement and must accompany your application in order for it to be lodged. Please note that if the instalment fee is insufficient to cover the actual and reasonable costs of work undertaken to process the application you will be required to pay any additional costs. Invoiced amounts are payable by the 20th of the month following invoice date. You may also be required to make additional payments if your application requires notification.

Declaration concerning Payment of Fees: I/we understand that the Council may charge me/us for all costs actually and reasonably incurred in processing this application. Subject to my/our rights under Sections 357B and 358 of the RMA, to object to any costs, I/we undertake to pay all and future processing costs incurred by the Council. Without limiting the Far North District Council’s legal rights if any steps (including the use of debt collection agencies) are necessary to recover unpaid processing costs I/we agree to pay all costs of recovering those processing costs. If this application is made on behalf of a trust (private or family), a society (incorporated or unincorporated) or a company in signing this application I/we are binding the trust, society or company to pay all the above costs and guaranteeing to pay all the above costs in my/our personal capacity.

Name: Robina Needham (please print)

Signature: (signature of bill payer – mandatory) Date: 9th April 2020 14. Important Information:

Note to applicant You must include all information required by this form. The information must be specified in sufficient detail to satisfy the purpose for which it is required. You may apply for 2 or more resource consents that are needed for the same activity on the same form. You must pay the charge payable to the consent authority for the resource consent application under the Resource Management Act 1991.

Fast-track application Under the fast-track resource consent process, notice of the decision must be given within 10 working days after the date the application was first lodged with the authority, unless the applicant opts out of that process at the time of lodgement. A fast-track application may cease to be a fast-track application under section 87AAC(2) of the RMA.

Privacy Information: Once this application is lodged with the Council it becomes public information. Please advise Council if there is sensitive information in the proposal. The information you have provided on this form is required so that your application for consent pursuant to the Resource Management Act 1991 can be processed under that Act. The information will be stored on a public register and held by the Far North District Council. The details of your application may also be made available to the public on the Council’s website, www.fndc.govt.nz. These details are collected to inform the general public and community groups about all consents which have been issued through the Far North District Council.

Declaration: The information I have supplied with this application is true and complete to the best of my knowledge.

Name: Robina Needham (please print)

Signature: (signature) Date: 9th April 2020 (A signature is not required if the application is made by electronic means)

Checklist (please tick if information is provided) o Payment (cheques payable to Far North District Council) To be paid online o A current Certificate of Title (Search Copy not more than 6 months old) o Copies of any listed encumbrances, easements and/or consent notices relevant to the application o Applicant / Agent / Property Owner / Bill Payer details provided o Location of property and description of proposal o Assessment of Environmental Effects o Written Approvals / correspondence from consulted parties o Reports from technical experts (if required) o Copies of other relevant consents associated with this application o Location and Site plans (land use) AND/OR o Location and Scheme Plan (subdivision) o Elevations / Floor plans o Topographical / contour plans

Please refer to Chapter 4 of the District Plan for details of the information that must be provided with an application. Please also refer to the RC Checklist available on the Council’s website. This contains more helpful hints as to what information needs to be shown on plans.

Only one copy of an application is required, but please note for copying and scanning purposes, documentation should be:

UNBOUND SINGLE SIDED NO LARGER THAN A3 in SIZE

PLANNING ASSESSMENT FOR A RESOURCE CONSENT APPLICATION FOR LAND USE:

This application is made by Trapeze Volant Ltd and for Land Use at property located at 54 Puketona Road (State Highway 11), Paihia (Lot 2).

1.0 Application Description

1.1 The proposal is Resource Consent of 56 Puketona Road, Paihia, Lot 2 Te Ti 7A (being 6,141m2 in area) to create ten lots of 600+ m2:

56 Puketona Road, Paihia, Lot 2 being 6141m2 and which is currently occupied by Action World - a land based tourism operation.

The application site is located within the Coastal Residential zone under the Far North District Plan. There is an Outstanding Landscape notation located at the rear of the property.

1.2 The application site has reticulated wastewater available and therefore the minimum lot size for sewered lots within the Coastal Residential zone applies and is detailed within Table 13.7.2.1(x) of the Far North District Plan.

Coastal Residential

Controlled Standard The minimum lot size is 800m2. The maximum height of any building is 8m (10.8.5.1.4)

Discretionary The minimum lot size is 600m2. The maximum height of any building is 9m (10.8.5.2.3)

Outstanding Landscape

Under Table 13.7.2.1(xix) any lot which contains an Outstanding Landscape notation requires further consideration. With the lot being zoned Coastal Residential, the minimum lot size is required to be the same as the Discretionary threshold i.e. a minimum lot size of 600m2.

1.3 The proposed lot sizes are 600+m2 respectively and can meet the discretionary thresholds as detailed above.

1.4 Therefore, the application is assessed as being a Discretionary Activity.

2.0 Application site and background

2.1 The application site is located at 56 Puketona Road, Paihia. The property is currently used as a tourism operation “Action World” and operates daily within the summer period and periodically throughout the remainder of the year. The operation also hosts events for organisations and groups. In addition to the park, the site also contains an existing residential dwelling at 54 Puketona Road. Resource consent applications

have secured both the tourism operation (commercial operation in a Coastal Residential zone) and also a residential dwelling (being a building located within an Outstanding Landscape) plus Subdivision of 600m2 2200410-RMACOM.

2.2 The site is mostly flat and where not occupied by Action World activities, is grassed or surfaced (with an all-weather surface). The rear portion of the site rises up to the existing dwelling which is at the highest point of the lot and is in regenerating Manuka. Action World contains a number of different activities for visitors which provides physical and mental challenges for participants of all ages.

2.3 The general character of the area is a mixture of lot sizes which includes housing within bush clad slopes and a number of adjoining and nearby commercial activities.

This photo is of Action World 56 Puketona Road (Lot 2). The car park located at the bottom of the photo and the dwelling 54 Puketona Road (Lot 1) located above the concreted access.

2.4 The existing title has no notations or legal documents such as Section 221 Consent Notices or Covenants which affect or impact on the ability to develop the site. Future development will therefore be subject to rules detailed within the Far North District Plan and also any requirements or conditions relevant to existing resource consents. In considering the future development of the larger lot there is significant capacity for the site particularly given the size of the property and the development standards which currently apply to the site.

2.5 The access to 56 Puketona Road, Lot 2, and the existing dwelling 54 Puketona Road Lot 1, will be via a proposed new private driveway which passes through the middle of 56 Puketona Road, Lot 2. The new driveway leads to the concreted section of driveway located on the steeper part of the driveway (located along the eastern boundary see photo above 2.6), and which leads up to the existing dwelling on 54 Puketona Road Lot 1.

This photo illustrates the right hand turn lane on the downhill side of SH 11 into the site and a general layout of the entrance.

The entrance for 54 (Lot 1) and 56 (Lot 2) Puketona Road

The existing access to the concrete driveway up to 54 (Lot 1) Puketona Road is on the upper Eastern boundary of 56 Puketona Road (Lot 2)

2.6 The site is located within the Coastal Residential Zone which is applied to and provides for areas of intensive development within the coastal environment. The zoning is generally applied to established urban areas. The zone enables development but also strives to maintain the natural coastal character of the area. The application site adjoins the General Coastal zone to the south and west which has significant controls on development.

2.7 The upper portion of the site enjoys views of the coastal marine area and the surrounding valley. The flatter section of the site is below the level of Puketona Road. This site is partially screened by roadside vegetation.

56 Puketona Road (Lot 2) Northern boundary SH 11 road side vegetation

2.8 The Northland Regional Council as part of their Regional Policy Statement review process has re-assessed the “coastal environment” with a detailed review of the whole of the northland region. This assessment has modified the extent of the coastal environment and developed updated maps. This re-assessment has resulted in the application site falling outside of what is considered to be “the coastal environment” and therefore the Regional Planning (and higher order documents such as the NZCPS) and related considerations (insofar as coastal requirements) are considered to be no longer applicable. The district plan review which is to commence toward the end of 2020 will likely reflect this change with modifications likely for this area based on this completed review and to match current uses and activities on the application site and for those commercial activities which are located to the east of the site.

2.9 The application site is located within a “Kiwi Present” area. It is considered that an advice note is more than adequate in this circumstance advising that Kiwi may be present within the immediate area. The use of an advice note is particularly relevant given the Coastal Residential zoning. Details of what this advice notice could convey is detailed later within this assessment.

3.0 DISTRICT PLAN RULES

Land Use 3.1 A resource consent application for land use is required to be assessed under Section 13 of the Far North District Plan. This section not only provides the minimum lot size requirements but also other standards and information requirements which need to be satisfied.

3.2 Table 13.7.2.1(x) Lot Size – The minimum lot sizes required for each lot within the Coastal Residential Zone.

The district plan describes the zone as

The creation of this zone recognises the need and demand which exists for residential development on the coast. It also recognises that development can have adverse effects on the coastal environment. These effects are managed both through the areal extent of the zone and the rules which it contains.

The Coastal Residential Zone provides for the most intensive development of all the zones in the coastal environment. It is applied in areas where an urban residential style and scale of development exists now. It enables the further development of these areas in a way which retains, as far as possible, the natural character of the coastal environment.

The Coastal Residential Zone is similar to the Residential Zone but has slightly different environmental standards reflecting the character of the small coastal settlements to which it is applied.

The proposed lots are consistent with the discretionary threshold with all ten lots being a minimum of 600m2. The proposed lot sizes are generally comparable to those lots surrounding the site noting that the controlled lot size for the zone is 800m2. The Outstanding Landscape notation which applies to a section of the site is also required to meet the 600m2 minimum lot size. The effects on this notation have already been considered when the existing dwelling (located within 56 Puketona Road, Lot 2) was developed and in the Subdivision 2200410-RMACOM

The sensitivity of the site is somewhat negated by surrounding commercial activities (within the site and the accommodation related activities adjacent) and further afield the Commercially zoned properties between the site and coastline and which includes the Caltex Service Station, a Tyre shop, a mechanical repair business, and the Countdown supermarket.

The land use is considered to be more closely aligned with standard residential or commercial rather than the Coastal Residential which applies. This is because of the present use and because the site is no longer considered to be within the coastal environment as defined by Northland Regional Council.

The application is assessed as a discretionary activity.

3.3 Rule 13.7.2.2 – Allotment Dimensions – this section details the allotment dimensions required for a lot within the Coastal Residential Zone. Each lot shall be capable of encompassing a 14m x 14m square without encroaching on required boundary setbacks. In this instance the boundary setbacks within the Coastal Residential Zone are 3m from the road and 1.2m on all other boundaries. The purpose of this rule is to enable a dwelling to be constructed on each proposed lot. The scheme plan illustrates the existing dwelling comfortably meeting the required setback and is also compliant with sunlight requirements.

NES REGULATION

3.4 The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 is required to be considered where the proposed activity involves the subdivision of land.

3.5 In considering and assessing the application against the Regulation it is important to consider the site history and use of the site. A review of Council records for known sites is also a source of information. The landowner and previous owners can also provide historical details. There is no records of any activity on the HAIL list as having occurred on the site or which is currently occurring.

3.6 With none of the proposed lots having any past use or present characteristics for any of the HAIL activities on the respective lots, it is contended that the Regulation does not apply to this proposal.

4.0 ASSESSMENT OF EFFECTS

4.1 EXISTING ENVIRONMENT

4.1.1 The site is surrounded by residential properties, regenerating bush clad slopes, and commercial sites involved in the provision of tourist accommodation, an RV park, a service station, tyre and mechanical repair premise, and a Countdown supermarket. The regenerating bush clad slopes have a number of residential units located within it and all of which blends into the immediate environment. Each dwelling has their own resource consent approval due to the Outstanding Landscape notation and the General Coastal / Coastal Living zones which may apply to neighbouring lots. The closeness of the vegetation to the dwellings would also likely to have resulted in a breach of the “Fire Risk to Residential” rule.

4.1.2 The proposed ten lot sizes for the future dwellings ensures that compliance with all other relevant rules is achieved. All of the of Outstanding Landscape on 56 Puketona Road (Lot 2) will not have any future development and will be protected by covenant registered against the 10 lots. Trapeze Volant Ltd will be removing the current golf course and underplanting in the Outstanding Landscape and it’s surrounding sloping land. This will remove all impermeable surfaces and increase the density of the bush with a better rainfall absorption and reduction in run off. Notwithstanding this notation, the majority of the site is only subjected to the Coastal Residential rules.

The existing golf course in all of the bush on 56 Puketona Road (Lot 2) will be removed and underplanted for greater plant/tree density and improved rainfall absorption

4.1.3 The immediate area is therefore considered to be reasonably intensively developed with the character of the area dominated by a number of commercial activities with residential dwellings interspersed within the vegetated slopes. Land Use of this site is not considered to conflict with the existing environment.

4.2 PERMITTED BASELINE

4.2.1 Pursuant to section 104(2), when forming an opinion for the purposes of section 104(1)(a) a council may disregard an adverse effect of the activity on the environment if the plan or a NES permits an activity with that effect (i.e. a council may consider the "permitted baseline").

4.2.2 The permitted baseline refers to permitted activities on the subject site. The land use of land under the district plan is not a permitted activity and so therefore for the purposes of subdivision permitted baseline cannot be considered as a relevant consideration.

4.2.3 The existing “Action World” activity provides a baseline for consented development and general activities on the site and this provides some assistance from a development perspective as to what has been considered an acceptable level of development for the site. For over a decade Action World landuse activities included 11+m height constructions. Land Use for the 10 lots at a maximum 9m building height will be able to consider these existing activities and the permitted baseline that the consented development is afforded.

Approved Action World activities up to 11+ metres height

4.3 ASSESSMENT OF EFFECTS

4.3.1 In considering any application which creates new titles, the application must provide an assessment of environmental effects. The subdivision chapter of the district plan provides details of the information required to be provided in considering these applications and also details the matters and criteria to be utilised.

4.3.2 The application is a discretionary application as the proposed lot sizes do not meet the minimum lot size requirements for a controlled activity. Discretionary applications are required to be considered under section 13.10 of the plan for matters to be considered. The matters under section 13.10 are now addressed.

Please note that references that are not relevant to this application have been deleted in order to focus on the key and relevant considerations.

4.3.3 LAND USE - SUBDIVISION

13.10 ASSESSMENT CRITERIA

In considering whether or not to grant consent or impose conditions on this application, such work, needs to be completed prior to the issuance of the s224(c) Certificate.

13.10.1 ALLOTMENT SIZES AND DIMENSIONS

(a) Whether the allotment is of sufficient area and dimensions to provide for the intended purpose or land use, having regard to the relevant zone standards and any District wide rules for land uses. (b) Whether the proposed allotment sizes and dimensions are sufficient for operational and maintenance requirements. (c) The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities, and access arrangements. (d) Whether the cumulative and long term implications of proposed subdivisions are sustainable in terms of preservation of the rural and coastal environments.

The allotment size for the ten lots does not meet the controlled lots size of 800m2 but does meet the minimum 600m2 required for a discretionary activity lot size for the Coastal Residential Zone. It is contended that the effects from the application will be less than minor. The proposed smaller ten lots on 56 Puketona Road (Lot 2) meets the functional needs and requirements for their dwellings and does not compromise the character of the area.

It is contended that the intensity of development that this land use creates and with the layout proposed that this application is wholly appropriate. The resulting development will maintain amenity levels despite the marginal increase in the intensity of the development.

It is therefore contended that the proposed lots are sufficiently sized to meet the intensity of development and activities on the site. The existing development which is located within the lot is unaffected by this proposal and the usual development rules which apply to the zone will continue to apply to this site. There is significant space within 56 Puketona Road (Lot 2) to enable further development to occur. It is also contended that the development of 1 existing building and 9 new sustainable dwellings within this site will comfortably meet the development standards for the zone. Trapeze Volant Ltd proposes no construction of dwellings within the Outstanding Landscape and controls on building colours and materials will be complemented by required landscaping.

The allotment configuration is logical with access to the proposed ten lots achieved through a ROW located through the middle of 56 Puketona Road (Lot 2) and which follows the existing grassed access leading to the concreted access. The ROW has: • an extended entrance width of 8.5m with separate in and out lanes • entrance turnaround for rubbish collection vehicle to renter State Highway 11 • minimum 5m width • 12m diameter roundabout at the end of the building lots to ensure all vehicles reenter State Highway 11 driving forwards It is considered that notwithstanding the allotments size of the ten lots only being 600m2 that this proposal achieves the requirements detailed under this section.

13.10.2 NATURAL AND OTHER HAZARDS

In assessing any land use, and for the purposes of s106 of the Act, the Council will have regard to:

(c) Potential adverse effects on other land that may be caused by the subdivision or anticipated land use activities. (d) In relation to inundation from any source, the Council shall have regard to the following factors: (i) the effects of any proposed filling being undertaken to avoid inundation and the consequential effects on the natural drainage pattern and adjoining land; (iv) any proposed boundary drainage to protect surrounding properties; (v) the adequacy of existing outfalls and any need for upgrading; (vi) any need for retention basins to regulate the rate and volume of surface runoff. (h) In relation to land filling and excavation operations, the following factors: (i) the effects on surrounding properties in terms of dust nuisance, visual detraction, or the potential height of buildings on filled land; (ii) any adverse impacts on the natural pattern of surface drainage both on and outside the site; (iii) the type of, and placement of, fill material in terms of its potential for contamination of land or water, or potential subsidence; (iv) mitigation, or avoidance, of adverse effects caused by filtration affecting neighbouring properties; (v) remedies necessary during emergencies; (vi) the rules contained in Section 12.3 relating to filling and excavation of land; (vii) the impact of filling or excavation on heritage values, ecological values, cultural values, surface water quality, and access along waterways; (viii)any beneficial effects in terms of waterway enhancement.

The site contains no natural hazards to which s106 of the Act could apply. There is no evidence of erosion within the site. There is also no flood risk and there are multiple potential house site locations which are not close to any water body.

The prospect of stormwater concentration concerns will be managed as part of future Applications for Subdivision Resource Consent and Building Consent. The future dwellings on proposed ten lots readily meet all of the bulk and location requirements. The final design and scale will determine compliance with the respective rules.

There are no identified hazards which have cause to impact on the proposed land use or which could adversely affect the ability to undertake the subdivision and the development of a potential 10 dwellings on 56 Puketona Road.

The hazard related effects are considered to be less than minor with no relevant conditions required to be imposed.

13.10.3 WATER SUPPLY

(c) Whether the provisions of the Council’s “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004) have been met in respect of installation of all necessary water supply pipe lines, and ancillary equipment necessary for the subdivision, including extensions to existing supply systems, and including mains, sub-mains, service and fire hydrants. (d) Whether the existing water supply systems, to which the connection will be made, have sufficient capacity to service the subdivision. (e) Whether it may be necessary to provide new reservoirs, pumping stations and rising mains, or increased pipe sizes leading to the subdivision in existing streets, or providing new wells and new pumping units. (f) Whether there is a need for a local purpose reserve to be set aside and vested in the Council as a site for any public water supply utility required to be provided.

It is contended that with the existing dwelling and Action World operations enjoying reticulation to the existing Council’s reticulated water system, that a water connection for ten proposed dwellings on 56 Puketona Road (Lot 2) can be accessed without additional effects.

The controlled level of subdivision would see ten lots allowed on 56 Puketona Road, (Lot 2). They would be supplied under the current rules. It is therefore considered that there is sufficient supply of potable water which also includes any provision required for fire-fighting purposes.

If required, water tanks will be used to provide additional water harvesting options but this is not considered necessary given that a readily available Council provided water supply passes through the site.

There are no adverse effects that are associated with the providing water supply and in meeting firefighting requirements as these already exist on the site.

13.10.4 STORMWATER DISPOSAL

(b) Whether the application complies with the provisions of the Council's “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004). (d) The degree to which Low Impact Design principles have been used to reduce site impermeability and to retain natural permeable area (e) The adequacy of the proposed means of disposing of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces. (k) Any adverse effects of the proposed subdivision on drainage to, or from, adjoining properties and mitigation measures proposed to control any adverse effects. (l) In accordance with sustainable management practices, the importance of disposing of stormwater by way of gravity pipe lines. However, where topography dictates that this is not possible, the adequacy of proposed pumping stations put forward as a satisfactory alternative.

The stormwater management for the site is currently low key and would be best described as comprising low impact design attributes. This approach is derived primarily from the relative size of the site and the limited catchment which impacts on the application site. The stormwater from the proposed ten lot dwellings will be harvested with a new stormwater system within 56 Puketona Road (Lot 2). The footprint of the proposed dwellings is not significant and the water captured will be held in tanks for garden irrigation and car washing.

There are several subsurface drains throughout the Action World site and this is directed to an existing pond located to the west of the site on the adjoining property. The legal road (Puketona Road / SH11) and adjoining properties to the east are either at or above the ground level of the site and so the impermeable surfaces from the site flow toward the low end of the property located to the west of the site.

Trapeze Volant will provide stormwater plans and information at the time of Subdivision and Building Consent (Resource Consent) which will address this factor.

The existing topography means that the site does not receive water from adjoining lots within the development areas and the catchment arrangement means that there is little, if any, stormwater runoff onto adjoining properties with any water flowing towards the pond to the west of the site.

The additional stormwater from new dwellings located on 56 Puketona Road (Lot 2) will be dealt with at the Subdivision and Building Resource Consent stages.

13.10.5 SANITARY SEWAGE DISPOSAL (a) Whether the capacity, availability, and accessibility of the reticulated system is adequate to serve the proposed subdivision. (b) Whether the application includes the installation of all new reticulation, and complies with the provisions of the Council’s “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004). (c) Whether the existing sanitary sewage disposal system, to which the outfall will be connected, has sufficient capacity to service the subdivision.

(d) Whether a reticulated system with a gravity outfall is provided, and where it is impracticable to do so, whether it is feasible to provide alternative individual pump connections (with private rising mains), or new pumping stations, complete pressure, or vacuum systems. Note: Council consent to install private rising mains within legal roads will be required, under the Local Government Act.

The application site is reticulated to Council’s wastewater system with existing connections to buildings. Any new dwellings will likely use the existing connections that are available. The additional demand is considered to be acceptable for ten new lots to be created on the total application site as a controlled subdivision.

Existing connections and lines will be protected by easements which are illustrated on the survey plans.

Trapeze Volant will provide wastewater plans and information at the time of Subdivision and Building Consent (Resource Consent) which will address this factor.

13.10.6 ENERGY SUPPLY (a) Where the subdivision involves the construction of new roads or formed rights of way, whether an extended reticulation system will be installed (at the subdivider’s cost), having regard to the provisions of the Council’s “Engineering Standards and Guidelines 2004 – Revised March 2009 (to be used in conjunction with NZS 4404:2004). The application for subdivision consent should also indicate how lots are to be reticulated. (b) Whether the proposed reticulated system to be installed by the subdivider is adequate for the likely development. (f) Whether there will be potential adverse effects of the proposed reticulation system on amenity values. (g) Whether the subdivision design, location of building platforms and proposed electricity supply has had adequate regard to the future adoption of appropriate renewable energy initiatives and technologies.

As part of the preliminary consultative process comments from Top Energy Limited (as the network provider) were sought. Top Energy requires new connections to be reticulated to the boundary of each of the new 10 lots and requires an Electrical Easement in Gross over the proposed driveway.

13.10.7 TOP ENERGY TRANSMISSION LINES

Where it is proposed to subdivide land to create new allotments within an area measured 20m of either side of the centre point of an electrical transmission line designed to operate at or above 50 kV, particular regard shall be had to the following matters:

This provision does not apply as there are no 50kV lines near to the application site.

13.10.8 TELECOMMUNICATIONS (a) Where the subdivision involves construction of new roads or formed rights of way, whether an extended reticulation system has been installed (at the subdivider’s cost), having regard to the Council’s “Engineering Standards and Guidelines 2004 – Revised March 2009 (to be used in conjunction with NZS 4404:2004) and “The National Environmental Standard for Telecommunication Facilities 2008”.

(b) Where the proposed system will serve other land which is not part of the subdivision, whether the network operator is providing sufficient capacity as initially installed, and the cost of such provision. (c) Whether the proposed reticulation system will have potential adverse effects on amenity values. Note: Upgrading or cost-sharing will be solely a matter for the network operator

As part of the preliminary consultative process comments from Chorus Limited (as the network provider) were sought. Chorus raised no concerns and advised that connections were available. Easements as required for the existing connections and lines within the site have been provided and illustrated on the survey plans.

13.10.9 EASEMENTS FOR ANY PURPOSE Whether there is a need for an easement for any of the following purposes: (a) Easements in gross where a service or access is required by the Council. (b) Easements in respect of other parties in favour of nominated allotments or adjoining Certificates of Title. (c) Service easements, whether in gross or private purposes, with sufficient width to permit maintenance, repair or replacement. Centre line easements shall apply when the line is privately owned and unlikely to require upgrading. (d) Easements for any of the following purposes: (i) private ways, whether mutual or not; (ii) stormwater, sanitary sewer, water supply, electric power, gas reticulation; (iii) telecommunications; (v) any other network utilities.

There are a number of easements required to be illustrated on the survey plan and these include infrastructure and related services, ROW access, and existing Council owned infrastructure.

In illustrating these easements on the survey plans, they match existing infrastructure.

13.10.10 PROVISION OF ACCESS (a) Whether provision for access to and within the subdivision, including private roads, has been made in a manner that will avoid, remedy or mitigate adverse effects on the environment, including but not limited to traffic effects, including effects on existing roads, visual effects, effects on vegetation and habitats, and natural character.

There is existing access to the site that is considered as being sufficient both in scale, and design, to accommodate the “Action World” operation at 56 Puketona Road (and all its provided parking), and for the existing dwelling at 54 Puketona Road. The existing entrance onto Puketona Road / SH11 is formed to a “diagram D” standard. NZTA were advised of this application and to date have raised no concerns with respect to the access, its formation, or any design issues. Steph Taylor ([email protected]) 027 352 1081 has advised “that there don’t appear to be any issues and NZTA needs time to the Chief Traffic Engineer to sign off”. Steph will confirm that there are no further requirements required with respect to the entrance and access onto State Highway 11.

Trapeze Volant Ltd, is providing all-weather access to the ten Lots and to the existing dwelling located on 54 Puketona Road (Lot 1) by connecting to the existing concrete drive. This formation is to be located within the ROW easement. The timeframe for the construction of the all-weather access shall be completed within 12 months. The required access would be completed to Council’s Engineering Standards with costs associated with checking compliance (by Council) met by the Trapeze Volant.

This approach does not alter the current arrangements which appears to be operating effectively. This does retain a surety of access for 54 and 56 Puketona Road.

The effects of the proposed land use on access and the entrance is considered to be less than minor.

13.10.11 EFFECT OF EARTHWORKS AND UTILITIES (a) Whether the effects of earthworks and the provision of services to the subdivision will have an adverse effect on the environment and whether these effects can be avoided, remedied or mitigated.

The site contains no National Grid Corridor and no earthworks proposed as part of this application. This provision does not apply to this application

13.10.12 BUILDING LOCATIONS (a) Whether the subdivision provides physically suitable building sites. (b) Whether or not development on an allotment should be restricted to parts of the site. (c) Where a proposed subdivision may be subject to inundation, whether the establishment of minimum floor heights for buildings is necessary in order to avoid or mitigate damage. (d) Whether the subdivision design in respect of the orientation and dimensions of new allotments created facilitates the siting and design of buildings able to take advantage of passive solar gain (e.g. through a northerly aspect on an east/west axis

There would appear to be no impediment to building sites located within 56 Puketona Road (Lot 2).

It is contended that the development of the site could be designed to comply with all development rules for the Coastal Residential zone.

Given the size of the property there are no specific requirements which could impact on the proposed ten dwelling locations which cannot be addressed at the Subdivision and Building Consent Resource Consent stages.

13.10.13 PRESERVATION AND ENHANCEMENT OF HERITAGE RESOURCES, VEGETATION, FAUNA AND LANDSCAPE, AND LAND SET ASIDE FOR CONSERVATION PURPOSES (e) Whether any measures are proposed to protect known high density kiwi habitats from predation by dogs, cats, rats, mustelids, pigs, and other animal pests. (g) Whether the subdivision will result in the permanent protection and/or enhancement of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, outstanding landscapes, outstanding landscape features or outstanding natural features.

The application site does not contain any significant habitat nor is it a high density Kiwi area which require formal protection within the site. Notwithstanding this position and with a “Kiwi Present” an Advice Note (which has been used in similar situations) may be sufficient. There would appear to be no other matters relevant to this proposal.

On a specific note, the landowner is required to retain areas of landscaping required as part of the resource consent requirements for any dwelling constructed on the respective sites and this will remain the case. The proposal does not conflict with this consideration.

13.10.14 SOIL (a) The extent to which any subdivision will contribute to or affect the ability to safeguard the life supporting capability of soil. (b) The degree to which the life supporting capacity of the soil may be adversely affected by the subdivision and the degree to which any soils classified as I, II or III in the NZ Land Resource Inventory Worksheets are adversely affected by the subdivision.

The site does not contain highly versatile soils. This component is not conflicted with by the application.

13.10.15 ACCESS TO WATERBODIES

The application site contains no permanent waterbodies and therefore this provision does not apply to this application.

13.10.16 LAND USE INCOMPATIBILITY (a) The degree to which the proposed allotments take into account adverse effects arising from incompatible land use activities (including but not limited to noise vibration, smell, smoke, dust and spray) resulting from an existing land use adjacent to the proposed subdivision.

The proposed uses for the respective lots will be similar to those that which currently exists within the area. Any alternative activities would be required to meet the rules of the district plan unless resource consent is secured.

The existing and proposed use of the site does not result in any incompatibility concerns.

13.10.17 PROXIMITY TO AIRPORTS

The application site is not close to an airport and therefore this provision does not apply to this application

13.10.18 NATURAL CHARACTER OF THE COASTAL ENVIRONMENT

The degree to which the proposal takes into account the preservation and/or enhancement of the natural character of the coastal environment.

The application site is zoned Coastal Residential and the provisions of this zone apply to the development and subdivision of land. The revised “Coastal Environment” as defined by the Northland Regional Council now excludes the application site as being coastal. Future development of the site will still remain subject to the current coastal flavour which applies to development unless the district plan review modifies this. It is considered that future development will need to comply with the requirements on their own merit and ensure that the surrounding coastal environment is not compromised. It is not considered that the proposed land use adversely affects the natural character of the site.

The review of the RPS has removed this site from the coastal environment and it is therefore highly likely that this change will also be reflected within the district plan review.

13.10.19 ENERGY EFFICIENCY AND RENEWABLE ENERGY DEVELOPMENT /USE The extent to which the application promotes energy efficiency and renewable energy development and use through the following initiatives: (a) ability to develop energy efficient buildings and structures (e.g. by providing a north-facing site with the ability to place a building on an east/west axis);

The district plan encourages the ability of individuals to utilise renewable energy options and adopt energy efficient design in the development the any lot. This application will maximise sustainable residential construction featuring passive house designs. It is noted that existing network connections are available.

13.10.20 NATIONAL GRID CORRIDOR The application site contains no National Grid Corridor and therefore this provision does not apply to this application

5.0 District Plan Objectives and Policies

5.1 As the subdivision is a Discretionary Activity, consideration of the proposal is provided against the relevant objectives and policies of the district plan

5.2 The following objectives are considered to be the most relevant to the proposed subdivision.

13.3 OBJECTIVES

13.3.1 To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and roads and the social, economic and cultural wellbeing of people and communities. 13.3.2 To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly from subdivision, including reverse sensitivity effects and the creation or acceleration of natural hazards, are avoided, remedied or mitigated. 13.3.3 To ensure that the subdivision of land does not jeopardise the protection of outstanding landscapes or natural features in the coastal environment. 13.3.5 To ensure that all new subdivisions provide a reticulated water supply and/or on- site water storage and include storm water management sufficient to meet the needs of the activities that will establish all year round. 13.3.8 To ensure that all new subdivision provides an electricity supply sufficient to meet the needs of the activities that will establish on the new lots created. 13.3.9 To ensure, to the greatest extent possible, that all new subdivision supports energy efficient design through appropriate site layout and orientation in order to maximise the ability to provide light, heating, ventilation and cooling through passive design strategies for any buildings developed on the site(s). 13.3.10 To ensure that the design of all new subdivision promotes efficient provision of infrastructure, including access to alternative transport options, communications and local services.

13.4 POLICIES

13.4.1 That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the use of those allotments on: (a) natural character, particularly of the coastal environment; (c) landscape values; (d) amenity values; (g) existing land uses. 13.4.2 That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties. 13.4.4 That in any subdivision where provision is made for connection to utility services, the potential adverse visual impacts of these services are avoided.

13.4.5 That access to, and servicing of, the new allotments be provided for in such a way as will avoid, remedy or mitigate any adverse effects on neighbouring property, public roads (including State Highways), and the natural and physical resources of the site caused by silt runoff, traffic, excavation and filling and removal of vegetation. 13.4.6 That any subdivision proposal provides for the protection, restoration and enhancement of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, threatened species, the natural character of the coastal environment and riparian margins, and outstanding landscapes and natural features where appropriate. 13.4.13 Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the applicable zone in regards to s6 matters. In addition subdivision, use and development shall avoid adverse effects as far as practicable by using techniques including: (b) minimising the visual impact of buildings, development, and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (g) achieving hydraulic neutrality and ensuring that natural hazards will not be exacerbated or induced through the siting and design of buildings and development. 13.4.14 That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. 13.4.15 That conditions be imposed upon the design of subdivision of land to require that the layout and orientation of all new lots and building platforms created include, as appropriate, provisions for achieving the following: (a) development of energy efficient buildings and structures; (e) domestic or community renewable electricity generation and renewable energy use.

Comments on the Objectives and Policies - Subdivision Chapter

The above objectives and policies are considered to be those most relevant to this discretionary application for land use. It is considered that the proposal is not contrary to these key requirements when considering this application within the Coastal Residential zone. The site is able to accommodate intensive development as is noted by the consented development which currently exists. The accessibility of Council infrastructure for the site is a contributing factor. The effects from development on the existing Outstanding Landscape (which is located on part of the site) are well managed by the retention, reinstatment & rebuilding of vegetation with the consented development being sensitive to this approach.

The proposed ten lots being 600+m2 are comparable to those surrounding the application site with the Discretionary threshold satisfied.

Servicing of the proposed sites will be achieved with the existing power and adding new power, telecommunications, fibre optic networking to each of the proposed 10 Lots.

There are several factors which support the proposal notwithstanding the zoning or the related rules and these are:

• The application site is no longer considered to be part of the coastal environment under the redefinition of this environment within the Regional Policy Statement. In addition, the site falls outside of an Outstanding Landscape as defined within the Regional Policy Statement. Notwithstanding this position, the sensitivity of the site remains a valid and necessary consideration but the lots’ association with the coastal environment and related considerations has lessened. This change will eventually filter through to the district plan and its related rules. • The lots are within the discretionary threshold and will still retain the character and amenity values for this location. • The proposed development on 56 Puketona Road of the ten lots will to be able to be undertaken with limited effects on surrounding lot owners. • The ten lots will be serviced by an existing commercial access which is more than adequate for the purposes of this Land Use proposal. • The further development of the ten Lots requires the careful management of stormwater. It is considered that this management can be deferred until future development of the site occurs. In completing this at the subdivision and building consent stage, the project will be clearly understood and targeted mitigation measures as required can be put in place.

It is therefore considered that the proposed land use is consistent with the objectives and policies of the subdivision section of the Far North District Plan.

COASTAL ENVIRONMENT

OBJECTIVES

10.3.1 To manage coastal areas in a manner that avoids adverse effects from subdivision, use and development. Where it is not practicable to avoid adverse effects from subdivision use or development, but it is appropriate for the development to proceed, adverse effects of subdivision use or development should be remedied or mitigated. 10.3.2 To preserve and, where appropriate in relation to other objectives, to restore, rehabilitate protect, or enhance: (a) the natural character of the coastline and coastal environment; (c) outstanding landscapes and natural features; (d) the open space and amenity values of the coastal environment; 10.3.9 To facilitate the sustainable management of natural and physical resources in an integrated way to achieve superior outcomes to more traditional forms of subdivision, use and development through management plans and integrated development.

POLICIES 10.4.1 That the Council only allows appropriate subdivision, use and development in the coastal environment. Appropriate subdivision, use and development is that where the activity generally: (a) recognises and provides for those features and elements that contribute to the natural character of an area that may require preservation, restoration or enhancement; and (b) is in a location and of a scale and design that minimises adverse effects on the natural character of the coastal environment; and

(c) has adequate services provided in a manner that minimises adverse effects on the coastal environment and does not adversely affect the safety and efficiency of the roading network; and (d) avoids, as far as is practicable, adverse effects which are more than minor on heritage features, outstanding landscapes, cultural values, significant indigenous vegetation and significant habitats of indigenous fauna, amenity values of public land and waters and the natural functions and systems of the coastal environment; and (h) gives effect to the New Zealand Coastal Policy Statement and the Regional Policy Statement for Northland. 10.4.2 That sprawling or sporadic subdivision and development in the coastal environment be avoided through the consolidation of subdivision and development as far as practicable, within or adjoining built up areas, to the extent that this is consistent with the other objectives and policies of the Plan. 10.4.3 That the ecological values of significant coastal indigenous vegetation and significant habitats are maintained in any subdivision, use or development in the coastal environment. 10.4.10 To take into account the need for a year-round water supply, whether this involves reticulation or on-site storage, when considering applications for subdivision, use and development.

COMMENTS ON OBJECTIVE AND POLICIES – COASTAL ENVIRONMENT

The reassessment of the coastal environment through the Regional Policy Statement means that this site and immediate area no longer falls within the coastal environment. Eventually the rules that control development within the district plan will be modified to reflect this change and will be applied accordingly. The proximity of the site to the Coastal Marine Area is noted and this contributes to the reassessment process.

Notwithstanding this future change it is still necessary to consider the key objectives and policies of the Coastal Residential zone noting that this zone is able to be intensively developed with a strong inference to residential development.

The land use development of this site has been considered in reviewing the appropriateness of this proposal and the considerations which need to be reviewed in determining this application.

It is contended for many of the reasons provided above that the effects of this proposal are considered to be less than minor and that the proposal is considered to be generally consistent with the relevant objectives and policies of the plan.

COASTAL RESIDENTIAL ZONE

Objectives 10.8.3.1 To enable the development of residential activity in and around existing coastal settlements. 10.8.3.2 To protect the coastline from inappropriate subdivision, use and development. 10.8.3.3 To enable the development of coastal settlements where urban amenity and coastal environmental values are compatible.

Policies

10.8.4.1 That standards in the zone enable a range of housing types and forms of accommodation to be provided, recognising the diverse needs of the community and the coastal location of the zone. 10.8.4.4 That the portion of a site covered in buildings and other impermeable surfaces be limited to enable open space and landscaping around buildings and avoid or mitigate the effects of stormwater runoff on receiving environments 10.8.4.5 That provision be made for ensuring sites have adequate access to sunlight and daylight. 10.8.4.6 That activities with net effects greater than a single residential unit could be expected to have, be required to minimise adverse effects on the amenity values and general peaceful enjoyment of any adjacent residential activities. 10.8.4.7 That provision be made to ensure a reasonable level of privacy and amenity for inhabitants of buildings.

COMMENTS ON OBJECTIVE AND POLICIES – COASTAL RESIDENTIAL ZONE

These objectives and policies are more targeted than the broader coastal environment considerations detailed previously. There is however consistency in the intent of the provision and what is acceptable within the Coastal Residential Zone.

It is contended that the key aspects detailed above are satisfied by the proposed land use and that the future development of the lots will not result in any adverse effects. Development of the site will remain the relevant development standards which ensure development of the lots is consistent with the desired outcomes.

It is contended of this proposal for land use is considered to be generally consistent with the relevant objectives and policies of the plan.

6.0 NORTHLAND REGIONAL POLICY STATEMENT

The Northland Regional Policy Statement provides some overarching objectives and policies which should be considered in reviewing and considering a land use application. The following objectives and Policies are determined to be the most relevant sections of the plan which is required to be considered.

3.11 Objective – Regional Form Northland has sustainable built environments that effectively integrate infrastructure with subdivision, use and development, and have a sense of place, identity and a range of lifestyle, employment and transport choices.

5.1.1 Policy – Planned and coordinated development

Subdivision, use and development should be located, designed and built in a planned and co-ordinated manner which:

(a) Is guided by the ‘Regional Form and Development Guidelines’ in Appendix 2; (c) Recognises and addresses potential cumulative effects of subdivision, use, and development, and is based on sufficient information to allow assessment of the potential long-term effects;

(e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity; (g) Maintains or enhances the sense of place and character of the surrounding environment except where changes are anticipated by approved regional or district council growth strategies and / or district or regional plan provisions. (h) Is or will be serviced by necessary infrastructure.

Note: in determining the appropriateness of subdivision, use and development (including development in the coastal environment – see next policy), all policies and methods in the Regional Policy Statement must be considered, particularly policies relating to natural character, features and landscapes, heritage, natural hazards, indigenous ecosystems and fresh and coastal water quality.

In considering the above objectives and policies from the Regional Policy Statement it is considered that the proposed land use is not contrary to the desired outcomes and that the effect associated with the subdivision are less than minor.

The ability to comply with the zone rules for development is significant in the overall context of the proposal and there is nothing within the proposal which is contrary to these requirements.

It is therefore contended that the proposal is consistent with the regional policy statement and the consistent with the desired outcome which the statement sets out to achieve.

7.0 Part 2 Considerations

7.1 The application is not considered to conflict with any matter or consideration under Part 2 of the Act. The proposal results in potential effects being considered to be less than minor and considered to be consistent with the overarching requirements for the community and the applicant.

8.0 Notification Assessment s95A to 95G of the Act

8.1 Sections 95A to 95G require Council to follow specific steps in determining whether to notify an application. In considering the conclusions findings within this report are relied upon.

8.2 Public Notification section 95A

Step 1 Mandatory public notification in certain circumstances (a) the applicant has requested that the application be publicly notified: (b) public notification is required under section 95C: (c) the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977. The applicant has not requested public notification and none of the remaining matters as described are applicable.

Step 2 Public Notification precluded in certain circumstances The criteria for step 2 are as follows: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification: (b) the application is for a resource consent for 1 or more of the following, but no other, activities: (i) a controlled activity: (ii) a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity: (iii) a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity: (iv) a prescribed activity (see section 360H(1)(a)(i)). The activity is precluded from public notification as the land use is a discretionary activity.

Step 3 – Public Notification required in certain circumstances The criteria for Step 3 are as follows: (a) the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification: (b) the consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor. There is no rule within the NES Regulation that requires public notification of this application. The assessment of effects completed within Section 4 of this report concludes that the effects are less than minor.

8.3 Affected Persons Assessment – Limited Notification Section 95B

If the application is not required to be publicly notified, a Council must follow the steps of section 95B to determine whether to limited notify the application.

Step 1: certain affected groups and affected persons must be notified

(2) Determine whether there are any— (a) affected protected customary rights groups; or (b) affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity). There are no protected customary rights or customary marine titles which apply to the application site.

Step 2: if not required by step 1, limited notification precluded in certain circumstances The criteria for step 2 are as follows: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes limited notification: (b) the application is for a resource consent for either or both of the following, but no other, activities: (i) a controlled activity that requires consent under a district plan (other than a subdivision of land): (ii) a prescribed activity (see section 360H(1)(a)(ii)). The application is not precluded from Limited Notification as neither of the exemptions apply to the application.

Step 3: if not precluded by stop 2, certain other affected persons must be notified

(7) Determine whether, in accordance with section 95E, the following persons are affected persons: (a) in the case of a boundary activity, an owner of an allotment with an infringed boundary; and (b) in the case of any activity prescribed under section 360H(1)(b), a prescribed person in respect of the proposed activity. The assessment of effects concludes that only those persons from whom written approval has been obtained are potentially affected by the proposed subdivision. Written approval has been obtained from the following persons:

• John Nicholas – Te Ti 6C2B2 – 42 Puketona Road • Janet Anne Gerritsen-Molloy Te Ti 6C2A & Te Ti 7A – 52 Puketona Road • John Nicholas – Shareholder in Te Ti 7B – multiple owned land for Cross family • Carol & Freddy Osler-Weppenaar – 54 Puketona Road • NZTA – Verbal, to be confirmed in writing

It is contended that notwithstanding the above written approvals there are no persons deemed to be affected by the proposed subdivision.

8.4 Notification Assessment Conclusion

Pursuant to sections 95A to 95G it is recommended that the Council determine that the application can be processed non-notified for the following reasons:

• In accordance with section 95A, public notification is not required, and in particular adverse effects are considered to be less than minor; • In accordance with section 95B, no persons other than from whom writtena approval hs been obtained is considered to be affected by the proposed subdivision; and, • In accordance with section 95A(9) and 95B(10), there are no special circumstances to require public or limited notification.

9.0 SUMMARY

9.1 The application seeks consent for land use Te Ti 7A Lot 2 (56 Puketona Road, Paihia) to create ten lots. The property is located within the Coastal Residential Zone of the District Plan and includes an Outstanding Landscape notation over part of the site. There is an existing building on 56 Puketona Road (Lot 2). It is contended that an additional nine new sustainable residential dwellings to be developed as a result of this application. The proposal will satisfy the related development controls in the subsequent Subdivision and Building Resource Consent applications.

9.2 The effects of this application have been assessed and concluded as being less than minor. Written Approvals have been obtained from adjoining landowners.

9.3 There are no conflicts with the relevant objectives and policies of the district plan and there are no conflicts with the Regional Policy Statement especially given that the site is no longer within the coastal environment as defined within the Northland Regional Policy Statement.

9.4 With respect to conditions of consent it is expected that standard conditions can be imposed.

9.5 I recommend that this application for Land Use Resource Consent be approved. Please provide draft conditions for review and comment (if necessary) prior to issuing.

Should you have any queries in respect to this application please contact me.

Yours faithfully

Robina Needham Trapeze Volant Ltd Director mob: 027 370 0332 [email protected]

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10368 Puketona Road 9740 Trapeze Volant Estate - Proposed Development 56 Puketona Road Sections S3 Section 9 Scale 1 : 200 7 1 : 200 All contours, heights and dimensions subject to Registered Surveyor confirmation PM 6:40:45 18/03/2020 C:\Users\Pat\Desktop\AllSeasons\Trapez_Volant_LUC.rvt New 100mm PVC provided to each proposed site- To be confirmed by Specialist Design

 Existing Toilet Block  

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Existing Public Sewer Manhole

Existing 150 dia SS connection

Existing 100 dia SS to existing inspection chamber

Trapeze Volant Estate - Proposed Development 56 Puketona Road Services Plan S4

Scale 1 : 500

All contours, heights and dimensions subject to Registered Surveyor confirmation PM 6:41:16 18/03/2020

C:\Users\Pat\Desktop\AllSeasons\Trapez_Volant_LUC.rvt

RECORD OF TITLE UNDER LAND TRANSFER ACT 2017 FREEHOLD

/)-. R. W. M uir Registrar-General of Land

Identifier NAl0D/1388 Land Registration District North Auckland Date Issued 01 May 1967

Prior References NAPR10 D/1385 Estat e Fee Simple Area 6741 square metres more or less Legal Description Te Ti (Waitangi) 7A Block Reg istered Owners Frederick Edward Osler-Weppenaar and Carol Ano Osler-Weppenaar Interests

Subject to Section IO Maori Affairs Amendment Act 1967 A504358 Status Declaration by the Registrar of the Maori Land Court - 15. L0.19 70 at 1.30 pm 5916070.2 Mortgage to ANZ Banking Group ( ew Zealand) Limited - 1.3.2004 at 9:00 am 7316994. J Variation of Mortgage5916070.2 - 12.4.2007 at 9:00 am 7920044.1 Variation of Mortgage 5916070.2 - 27.8.2008 at 9:00 am

Identifier NAl0D/1388

Property Map Date Printed: 09-April-2020

This map has been reproduced from the Far North District Council (FNDC) databases. Copyright and the information contained in it SCALE 1: 1,000 belongs to FNDC. No person may reproduce this map without the express written permission from FNDC. This is updated from time to time but may not be accurate. No reliance on the information contained on this map by any person is permitted. For the avoidance of 0 50 doubt, this maps does not constitute a LIM report. FNDC will not be liable for any omissions or errors of information contained on this map. FNDC recommends that persons seek specific advice on individual properties from FNDC and other specialist organisations which may hold more up to date or accurate information. Contractors are to verify the exact location of all Council services on site, before work Meters commences. Contractors are liable for any damage they may cause to Council services, including any services not identified on this plan. Projection: NZGD_2000_New_Zealand_Transverse_Mercator If you find information on this map that may not be accurate, please advise FNDC. Property Map Date Printed: 09-April-2020

Chorus Property Development Team PO Box 9405 Waikato Mail Centre Hamilton 3200 Telephone: 0800 782 386 Email: [email protected]

6 April 2020 Chorus Ref #: PIH57238 Your Ref #: Trapeze Volant Limited

Attention: Robina Needham Dear Sir / Madam

Property Development – PIH: 56 Puketona Road, Paihia. 10 Lots (Lots 1-10) Simple Estimate

Thank you for your enquiry regarding the above subdivision.

Chorus is pleased to advise that, as at the date of this letter, we would be able to provide ABF telephone reticulation for this property development. In order to complete this reticulation, we require a contribution from you to Chorus' total costs of reticulating the development. Chorus' costs include the cost of network design, supply of telecommunications specific materials and supervising installation. At the date of this letter, our estimate of the contribution we would require from you is $13,800.00 (including GST).

We note that (i) the contribution required from you towards reticulation of the development, and (ii) our ability to connect the subdivision to the Chorus network, may (in each case) change over time depending on the availability of Chorus network in the relevant area and other matters.

If you decide that you wish to undertake reticulation of this property development, you will need to contact Chorus (see the contact details for Chorus Property Development Team above). We would recommend that you contact us at least 3 months prior to the commencement of construction at the subdivision. At that stage, we will provide you with the following:

- confirmation of the amount of the contribution required from you, which may change from the estimate as set out above;

- a copy of the Contract for the Supply and Installation of Telecommunications Infrastructure, which will govern our relationship with you in relation to reticulation of this property development; and

- a number of other documents which have important information regarding reticulation of the property development, including - for example - Chorus' standard subdivision lay specification.

Yours faithfully

Liz Bath Property Development Coordinator

31 March 2020

Robina Needham Trapeze Volant Limited

Email: [email protected]

To Whom It May Concern:

RE: PROPOSED SUBDIVISION Trapeze Volant Estate, 56 Puketona Road, Paihia. Lot 2 DP 177109.

Thank you for your recent correspondence with attached proposed subdivision scheme plans.

Top Energy requires new connections to be reticulated to the boundary of each lot. Top Energy requires an Electrical Easement in Gross over the area described as Proposed Driveway. Costs to supply power would be provided after application and an on-site survey have been completed.

In order to get a letter from Top Energy upon completion of your subdivision, a copy of the resource consent decision must be provided.

Yours sincerely

Aaron Birt Planning and Design T: 09 407 0685 E: [email protected]

FAR NORTH DISTRICT COUNCIL

FAR NORTH OPERATIVE DISTRICT PLAN DECISION ON RESOURCE CONSENT APPLICATION (SUBDIVISION)

Resource Consent Number: 2200410-RMACOM

Pursuant to sections 104 and 104B of the Resource Management Act 1991 (the Act), the Far North District Council hereby grants resource consent to:

Frederick and Carol Osler-Weppenaar

The activity to which this decision relates:

Activity A: To create one additional lot of 600m2 with a balance lot of 6140m2 in the Coastal Residential Zone and within an Outstanding Landscape.

Activity B: The proposed subdivision results in a breach of the sunlight rule from the existing dwelling on site on the proposed new boundary.

Subject Site Details

Address: 54 Puketona Road, Paihia 0271 Legal Description: Te Ti 7A Blk IV Kawakawa SD Certificate of Title reference: NA-10D/1388

Pursuant to Section 108 of the Act, this consent is issued subject to the following conditions:

Activity A: 1 The subdivision shall be carried out in accordance with the approved plan of subdivision prepared by Thomson Survey, referenced Proposed Subdivision of Te Ti 7A, Surveyors Reference 9690, dated 20.01.20 and attached to this consent with the Council’s “Approved Stamp” affixed to it.

2 The survey plan, submitted for approval pursuant to Section 223 of the Act shall show:

(a) All easements in the memorandum to be duly granted or reserved.

(b) An easement in favour of Lot 1 to discharge stormwater over lot 2 to the roadside for connection to Councils reticulated stormwater network.

(c) The extent of the indigenous vegetation on both lots for the purpose of vegetation protection consent notices (See condition 4(g)(ii) of this consent).

3 Prior to the approval of the survey plan pursuant to Section 223 of the Act, the consent holder shall:

(a) Provide confirmation from a Registered Drainlayer that the private wastewater and water supply lines that serve Lot 1 are wholly within the easement proposed.

(b) Provide confirmation by a suitably qualified surveyor that right of way A covers the existing formed access and that all parking areas for lot 1 are contained entirely within the boundaries of the lot.

4 Prior to the issuing of a certificate pursuant to Section 224(c) of the Act, the consent holder shall:

(a) The consent holder shall provide a formed access on ROW easements A through E inclusive to meet councils engineering standards for the number of dwellings being serviced. The formation shall include kerbing or a concreted ditch channel to contain stormwater runoff as well as catch pits and culverts as required to control and direct the discharge of stormwater runoff to councils reticulated network.

(b) Provide evidence that each lot has a connection to Council’s reticulated stormwater system that complies with the requirements of Council’s Engineering Standards and Guidelines. An extension to the Council’s stormwater infrastructure to connect the nearest catch pit to the boundary of the lot shall be completed at the consent holder’s cost.

(c) Compliance with conditions (a) and (b) above can be confirmed through the provision of a bond if required. If this option is taken up the consent holder shall:

i. provide a detailed costing from a Chartered Professional Engineer to construct the proposed right of way over Lot 2 and the extension of the public stormwater system to serve the lots, to the requirements of the Council's Engineering Standards.

ii. Following approval by Council of the costing provided, the consent holder shall enter into a bond to secure the works at a value of 1.5 x the cost of the works. The consent holder shall cover the legal and other associated costs in setting up the bond in favour of Council.

(d) Provide evidence that a separate 100mm sewerage connection has been provided to the boundary of the proposed new lot(s), in compliance with Council’s Engineering Standards and Guidelines.

(e) Provide evidence that each lot has a metered connection to Councils reticulated water supply system in accordance with the requirements of Councils Engineering Standards and Guidelines.

(f) Provide documentation that the service providers of electric power and telecommunications to the sites are satisfied with the arrangements made for the provision of these services.

(g) Secure the conditions below by way of a Consent Notice issued under Section 221 of the Act, to be registered against the titles of the affected allotment. The costs of preparing, checking and executing the Notice shall be met by the Applicant.

(i) Any building erected on the Lot 2 shall have foundations specifically designed by a suitably qualified chartered professional engineer. The details of design shall be submitted in conjunction with the Building Consent application. [Lot 2]

(ii) The owner shall preserve the indigenous trees and bush show on the survey plan as area(s) ______and shall not without the prior written consent of the Council and then only in strict compliance with any conditions imposed by the Council, cut down, damage or destroy any of such trees or bush. The owner shall be deemed to be not in breach of this prohibition if any of such trees or bush shall die from natural causes not attributable to any act or default by or on behalf of the owner or for which the owner is responsible. [All Lots]

Activity B:

No further Conditions.

Advice Notes

1. Archaeological sites are protected pursuant to the Heritage New Zealand Pouhere Taonga Act 2014. It is an offence, pursuant to the Act, to modify, damage or destroy an archaeological site without an archaeological authority issued pursuant to that Act. Should any site be inadvertently uncovered, the procedure is that work should cease, with the Trust and local iwi consulted immediately. The New Zealand Police should also be consulted if the discovery includes koiwi (human remains). A copy of Heritage New Zealand’s Archaeological Discovery Protocol (ADP) is attached for your information. This should be made available to all person(s) working on site.

2. The site is identified as being within a kiwi present zone. Any cats and/or dogs kept onsite must be kept inside and/or tied up at night to reduce the risk of predation of North Island brown kiwi by domestic cats and dogs.

Reasons for the Decision

1. The Council has determined (by way of an earlier report and resolution) that the adverse environmental effects associated with the proposed activity are no more than minor and that there are no affected persons or affected customary rights group or customary marine title group.District Plan Rules Affected:

Table 13.7.2 (x) – Coastal The minimum lot size (sewered) for a controlled Residential Zone activity is 800m2. The minimum lot size for a discretionary activity is 600m2. The proposed lot is 600m2. Table 13.7.2 (xix) – The minimum lot size for a controlled activity is 20ha. Outstanding Landscape, The minimum lot size for a discretionary activity is the Outstanding Landscape same as the discretionary standard for the underlying Features and Outstanding zone. Natural Features 10.6.5.1.5 Sunlight The southwestern corner of the existing dwelling penetrates the 2m recession plane from the proposed new boundary.

2. The proposal passes the tests under 104B for Discretionary Activities.

Adverse effects will be less than minor: It is considered the relevant and potential effects have been addressed within the assessment of effects above, and it has been concluded that the adverse effects will be less than minor.

Objectives and policies of the District Plan: The application documents provide a comprehensive assessment of the objectives and policies of the District Plan as they relate to Subdivision and the Coastal Environment, which concludes that the proposed activity is not contrary to these objectives and policies. This assessment has been considered and I am adopting this assessment.

3. In accordance with an assessment under s104(1)(b) of the RMA the proposal is consistent with the relevant statutory documents.

a) The Northland Regional Policy Statement 2016 b) The Proposed Northland Regional Plan c) New Zealand Coastal Policy Statement 2010 d) The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect human Health) Regulations 2011

4. In accordance with an assessment under s104(1)(c) of the RMA no other non – statutory documents were considered relevant in making this decision.

5. Other matters considered relevant in making this decision

6. Part 2 Matters The Council has taken the purpose & principles outlined in sections 5, 6, 7 & 8 of the Act into account. It is considered that granting this resource consent application achieves the purpose of the Act.

7. In summary it is considered that the activity is consistent with the sustainable management purpose of the RMA.

Approval This resource consent has been prepared by Simeon McLean, Intermediate Planner and is granted under delegated authority (pursuant to section 34A of the Resource Management Act 1991) from the Far North District Council by:

Pat Killalea, Principal Planner

Date: 18th March 2020

Right of Objection If you are dissatisfied with the decision or any part of it, you have the right (pursuant to section 357A of the Resource Management Act 1991) to object to the decision. The objection must be in writing, stating reasons for the objection and must be received by Council within 15 working days of the receipt of this decision.

Lapsing of Consent Pursuant to section 125 of the Resource Management Act 1991, this resource consent will lapse 5 years after the date of commencement of consent unless, before the consent lapses; The consent is given effect to; or An application is made to the Council to extend the period of consent, and the council decides to grant an extension after taking the statutory considerations into account, set out in section 125(1)(b) of the Resource Management Act 1991.