Thomson Survey Limited Proposed subdivision Sept-2019 ______
Robert & Kathy Jones
Far North District Plan
PROPOSED SUBDIVISION IN TWO STEPS
726 Mangakaretu Road
PLANNING REPORT AND ASSESSMENT OF ENVIRONMENTAL EFFECTS
Thomson Survey Ltd Kerikeri
1.0 INTRODUCTION
1.1 The Proposal
The applicants propose to carry out a two step subdivision on their land at 726 Mangakaretu Road. The first Step will see four lots of minimum area 2ha, plus a large balance lot. The second Step will then see the creation of a 4ha lot around an existing dwelling, from the large balance created in the first Step. Refer to Appendix 1 for copies of the Scheme Plans. Refer to Appendix 2 for a copy of the Locality Plan.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______1.2 Scope of this Report
This assessment and report accompanies the Resource Consent Application and is provided in accordance with Section 88 and Schedule 4 of the Resource Management Act 1991.
The application seeks consent under the District Plan for a two step subdivision activity. The first Step is a restricted discretionary activity, and once s224c is issued for that step, the second step subdivision will be a discretionary subdivision activity. This application is therefore written with a view to covering matters commensurate with both a restricted discretionary and full discretionary activity application.
The application includes:
A description of the proposal; A description of the site and its environs; An assessment of environmental effects; An assessment of the proposal against relevant objectives and policies of the Far North District Plan; An assessment of the proposal against relevant provisions of Part 2 of the Act and other National and Regional Standards, Policies and Plans; Record of consultation. Supporting reports.
The name and address of the owner of the property is contained in the Form 9 Application form.
2.0 PROPERTY DETAILS
Location: 726 Mangakaretu Road
Legal description: Section 50, Blk XVI Kaeo SD
CT: NA82C/794, dated December 1991, 83.726ha in area (copy attached in Appendix 3).
Zoning: Rural production
Resource Features: Nil
Other Features: Nil
3.0 SITE DESCRIPTION
3.1 Physical characteristics.
The site is located on Mangakaretu Road, 20m legal metal surface road, approximately 1.4km from that road’s western intersection with Puketotara Road (also 20m legal metal surface road).
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The site is a dairy farm, 84ha in area, generally flat in topography, with raised areas in the locality of proposed Lots 2 and 3, and to the rear (northern most) part of the property. There is a man made pond in the vicinity of the dwelling to be within proposed Lot 1, and other wetland/pond features around the property, all fenced off from stock. These are generally along the alignment of a minor watercourse running north/south through the large balance lot.
View looking northeast from proposed Lot 2 towards property’s northeastern boundary (distant tree line just right of centre picture). Mangakaretu Rd showing at right of picture.
Existing built environment consists of dwellings at 726 Mangakaretu Road, another on proposed Lot 1 and cowshed and other farm buildings in between, within the balance lot. There is a network of fenced races throughout.
The property is zoned Rural Production and has no resource features as shown in the Far North District Plan. It is within an area shown on Far North maps as potentially kiwi present and 3km distant from the nearest high density kiwi area at Puketi.
The property is not shown as having any Outstanding Landscape or Natural Character values on the Regional Policy Statement for Northland’s maps, and not shown as having any areas prone to either 1 in 10 or 1 in 100 flood events on the NRC’s on-line Hazard Maps. Neither is the site identified as erosion prone on any Regional Council maps.
The soils across the property are identified as being Class IV LUC.
Access to the back of the property, and proposed Lot 4, is via an existing legal road, not maintained by Council.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______3.2 Legal Interests
The property is subject to Part IV A of the Conservation Act 1987, a hangover from historic ownership by State Owned Enterprise, Land Corp. This is no longer relevant and would have applied to an original much larger holding which may have bounded river or stream. The application property does not.
3.3 Consent History
A search of the property file shows three building consents relevant to the property:
BC-2004-740-0, issued in October 2003 for 36m2 extensions to an existing dwelling;
BC-2010-898-0, issued in March 2019 for foundations for relocated dwelling plus decks, logfire and effluent disposal system (this is the dwelling on proposed Lot 1); and
BC-2017-194-0, issued in September 2016 to construct a new deck and portico roof – also for the dwelling on proposed Lot 1.
I understand there is a building consent about to be lodged, if it hasn’t already been lodged, for a dwelling on the land within proposed Lot 4.
The property has previously had subdivision consent, RC 2000734, issued in May 2000, however this was not given effect to. This subdivision consent was for one additional lifestyle lot generally in the location of our proposed Lot 4. A copy of RC 2000734 is attached in Appendix 4.
4.0 THE PROPOSAL IN DETAIL
The applicant is seeking to carry out a two step subdivision. The first step creates the following:
Lot 1 2.43ha contains an existing dwelling and is proposed to be accessed via a newly formed entrance and ROW directly off Mangakaretu Road – refer Scheme Plan, and associated easement schedule.
Lot 2 2.0ha vacant land with direct frontage to Mangakaretu Road.
Lot 3 2.0ha vacant land with direct frontage to Mangakaretu Road.
Lot 4 2.0ha vacant but for which a building consent is pending, to be accessed via an existing legal road.
Lot 100 75.3ha balance property with milking shed and existing dwelling, currently with access via two separate entrances off Mangakaretu Road, as well as use of the existing legal road (not maintained by Council).
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Thomson Survey Limited Proposed subdivision Sept-2019 ______Following on from the first step, the proposal involves a second step that creates the following:
Lot 5 4.0ha containing the existing dwelling with existing access off Mangakaretu Road.
Lot 100 71.3ha balance farm
5.0 ACTIVITY STATUS
5.1 Zoning
The property is zoned Rural production. No Resource features apply.
5.2 Far North District Plan Rules
The subdivision standards applying in the zone are contained in Table 13.7.2.1 as shown below.
TABLE 13.7.2.1: MINIMUM LOT SIZES (i) RURAL PRODUCTION ZONE Controlled Activity Status (Refer Restricted Discretionary Activity Discretionary Activity Status also to 13.7.3) Status (Refer also to 13.8) (Refer also to 13.9) The minimum lot size is 20ha. .... 1. Subdivision that complies with 1. The minimum lot size is 4ha; or the controlled activity standard, 2. A maximum of 3 lots in any but is within 100m of the subdivision, provided that the boundary of the Minerals Zone; minimum lot size is 2,000m² and 2. The minimum lot size is 12ha; there is at least 1 lot in the or 3. A maximum of 3 lots in any subdivision with a minimum size subdivision, provided that the of 4ha, and provided further minimum lot size is 4,000m2 and that the subdivision is of sites there is at least 1 lot in the which existed at or prior to 28 subdivision with a minimum lot April 2000, or which are size of 4ha, and provided further amalgamated from titles existing that the subdivision is of sites at or prior to 28 April 2000; or 3. A which existed at or prior to 28 subdivision in terms of a April 2000, or which are management plan as per Rule amalgamated from titles existing 13.9.2 may be approved. .... at or prior to 28 April 2000; or 4. A maximum of 5 lots in a subdivision (including the parent lot) where the minimum size of the lots is 2ha, and where the subdivision is created from a site that existed at or prior to 28 April 2000; ......
Step 1 creating 4 lots larger than 2ha, plus balance (total 5 lots), from a Title older than April 2000, is a restricted discretionary subdivision activity pursuant to option 4 above (in bold).
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Thomson Survey Limited Proposed subdivision Sept-2019 ______If we were to include the second step in the same single application, it would constitute a sixth lot in ‘a subdivision’ and on a ‘site’ and would render the application to be non complying.
The intent, therefore, is to identify the second step as a separate and subsequent application. It would be given effect to only after the lots in the first step have been issued s224c as it is at that point that the balance Lot 100 of the first step would be regarded as an ‘existing site’ (superseding the original underlying site) and able to be subdivided as a new ‘site’. The creation of a 4ha lot from that balance Lot 100 is a discretionary subdivision activity pursuant to the first option under Discretionary Activity status in the Table above (in bold).
In order to enable the pragmatic processing, issuing and giving effect to, the two consecutive subdivisions, it is requested that:
(a) The Council assess and process the two applications simultaneously, allocated to the same processing planner and engineer, and circulated to interested parties as a single planning report and AEE covering both steps;
(b) That Council consider the possibility of issuing a single decision for the two separate steps along the lines outlined below; and
(c) That Council accept that a single survey exercise and LT plan dataset can be created for both steps together and that s223, s224c and s221 conditions can be sequenced to enable an almost ‘seamless’ progression through the first step to the second step so that the consent holder can benefit from some savings in physical works, survey and legal costs.
I believe that this can be achieved by writing up a decision in two “steps”, with Condition 1 of the two separate “steps” being as follows:
Decision A – Pursuant to Section 104C of the Act, consent is granted for the Subdivision of Section 50, Block XVI, Kaeo SD to create Lots 1-4 & 100, subject to the following conditions:
1. The subdivision shall be carried out in accordance with the approved plan of subdivision prepared by Thomson Survey Ltd, titled "Proposed Subdivision of Section 50, Blk XVI, Kaeo SD", referenced 9504, revised dated [insert date], and attached to this consent with the Council’s “Approved Stamp” affixed to it.
And then follow with the normal conditions of consent that would be applicable to a restricted discretionary subdivision of this nature.
Decision B – Pursuant to Section 104B of the Act, consent is granted for the subdivision of Lot 100 of RC [insert reference] or Lot 100 LT [insert reference] to create Lots 5 & 100, subject to the following conditions:
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Thomson Survey Limited Proposed subdivision Sept-2019 ______1. The subdivision shall be carried out in accordance with the approved plan of subdivision prepared by Thomson Survey Ltd, titled “Proposed subdivision of Lot 100 of RC [insert reference] or Lot 100 LT [insert reference]”, referenced 9504, revised dated [insert date], 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....
3. Prior to the approval of the survey plan pursuant to Section 223 ......
4. Prior to the issuing of a certificate pursuant to Section 224(c) of the Act, the consent holder shall:
(a) Provide evidence that s224(c) has been issued by the Council for the subdivision consented in Decision A of RC [insert reference]
The aim of the above suggested approach is to ensure that the Council can have certainty that the second discretionary activity subdivision cannot occur until an existing site is created for Lot 100 of the first subdivision; whilst at the same time enable the consent holder to benefit from cost savings by doing as many of the aspects of the overall process in one exercise, e.g. survey work and dataset lodgement, as possible. Theoretically, the two subdivisions could be given effect to at the same time, with a single 224(c) issued as well. This is because in signing off the 224(c) for the first step subdivision, the Council is providing “the evidence” that this has occurred and can therefore, in the same on-line transaction, sign off the second step 224(c).
6.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS
6.1 Matters specific to restricted discretionary subdivision in the Rural Production Zone
This section is relevant to the first step application whereby a total of 5 lots, all greater than 2ha in area are being created.
There are specific matters to which the Council will restrict its discretion listed in the Far North Operative District Plan’s section 13.8.1:
In considering whether or not to grant consent on applications for restricted discretionary subdivision activities, the Council will restrict the exercise of its discretion to the following matters: .... (ii) for applications under 13.8.1(b) or (c): effects on the natural character of the coastal environment for proposed lots which are in the coastal environment; effects of the subdivision under (b) and (c) above within 500m of land administered by the Department of Conservation upon the ability of the Department to manage and administer its land; effects on areas of significant indigenous flora and significant habitats of indigenous fauna;
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Thomson Survey Limited Proposed subdivision Sept-2019 ______ the mitigation of fire hazards for health and safety of residents.
In considering whether or not to impose conditions on applications for restricted discretionary subdivision activities the Council will restrict the exercise of its discretion to the following matters: (1) the matters listed in 13.7.3; (2) the matters listed ...... above.
The property is not in the coastal environment and is not within 500m of any land administered by the Department of Conservation. There is no indigenous flora or fauna on the site. There is no vegetation that would create a fire risk.
When determining conditions of consent for a restricted discretionary activity, the Council will also have regard to the matters listed in 13.7.3 of Chapter 13. These are addressed below. For ease of reference, however, I have also included an assessment against the Assessment Criteria in section 13.10 of Chapter 13 – applicable to discretionary activity subdivisions – for the second step subdivision creating one additional 4ha lot around the house.
There are additional assessment matters applying to a discretionary activity than to a restricted discretionary activity and rather than simply being a guide for the purposes of what conditions to imposed, the discretionary activity criteria are aimed to assist in assessing the level of effect.
Because of this distinction, I have included two sections under any heading that is applicable to both 13.7.3 and 13.10, and placed any of the additional criteria under 13.10 at the end of this AEE.
6.2 Allotment sizes and dimensions
Step 1:
All lots can accommodate a 30m x 30m square building envelope, with Lots 1 and 100 already built on in any event. There is ample room on Lots 2-4 to situate a residence with on- site services and readily constructed access.
Step 2:
Proposed Lot 5 is 4ha in area and will accommodate an existing dwelling. Should another dwelling be constructed within the balance lot in the future, there are numerous alternative building sites available.
6.3 Property Access
Step 1:
The property currently has multiple points of entry. There is an existing entrance to the house that will remain on Lot 100 balance and to the north of that on Mangakaretu Road is the existing cowshed access which also currently serves the existing dwelling on proposed Lot 1.
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It is proposed to leave the cowshed access for Lot 100 and farm use and instead form a new crossing and access to Lot 1 by means of ROW across Lot 100 – refer to Scheme Plan. The exact position / location of the crossing is yet to be determined and will be located to maximise sight lines, and to also follow the best alignment internal to the property.
It is proposed that Lot 3 will gain access directly off Mangakaretu Road at an appropriate location, also yet to be finalised.
Proposed Lot 4, which will soon support a residence, will be accessed via the existing legal road that runs down the entire northeastern boundary of the application site. From what I can ascertain this access serves three existing Household Equivalents (HE’s). I believe the appropriate Council standard therefore, is that for 3-4 HE’s, namely 3m carriageway width with passing bays.
The legal road that runs along the boundary of the application site (at left of picture).
The access is long and straight with excellent visibility. The applicant would like the opportunity to meet on site and discuss with Council’s RC Engineer as to the appropriate number and location of passing bays that might be required.
Step 2:
This Step does not involve any additional, or change to, access.
6.4 Natural and Other Hazards
Step 1:
The site is not identified to be at risk of flooding or erosion. Two of the five lots are already built on and a third (Lot 4) soon will be. The latter is towards the rear of the site on an area of slightly elevated land, for which a building platform was in the process of being created when I carried out my site visit. Vacant proposed Lots 2 & 3 both have elevated portions
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Thomson Survey Limited Proposed subdivision Sept-2019 ______upon which to locate a dwelling and are not identified as being subject to any hazard that would preclude them for use as residential/lifestyle properties.
Step 2:
This Step does not involve any additional development. The site is not shown as being subject to any hazard.
For both Steps – the potential for soil contamination as a result of historic use of the site is addressed later in this report.
6.5 Water Supply
Step 1:
There is no Council reticulated water supply available to the property and the Council can impose its standard requirement in regard to potable and fire fighting water supply for Lots 1- 4. I do not believe this necessary for Lot 100 give its size and the fact that water supply is a building consent matter in any event.
Step 2:
Both lots support existing development and as such there is no need for the Council to impose its standard Consent Notice in regard to water supply. The more appropriate time to deal with water supply for any future development is at time of building consent.
6.6 Sanitary Sewage Disposal
Step 1:
Refer to Appendix 6. A Site Suitability Report has been commissioned for proposed vacant Lots 2 & 3 of Step 1. This was prepared by Kerikeri Drainage Ltd. In regard to Lot 2 the report comments that a 20m setback from the effluent field and reserve area to the open drain on the road frontage is required. This is a requirement of the Operative Regional Water and Soil Plan for Northland, which has now been superseded by the Proposed Regional Plan in terms of domestic effluent disposal. The required setback distance from roadside drains is now reduced and as such the lots have more leeway for principal and reserve soakage areas.
The report also addresses Lot 3 (mis-labelled 4 in the report’s front page). In both instances the report concludes that either conventional primary systems or secondary treatment systems can be installed.
The report also addressed the existing development to be within Lot 1 and states that this dwelling has a conventional system that is working well and is inside new proposed boundaries.
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A separate TP58 report had already been prepared for the proposed dwelling on Lot 4. This is also attached. It is more detailed than the other report given that it is a specific development – in this case a 3 bedroom home. The report will accompany the building consent that will be lodged with the Council for the dwelling.
Step 2:
There is existing development within Lot 5 which is 4ha in area. It has not been considered necessary to report on the existing wastewater treatment and disposal system for the existing home. The balance lot is large with numerous alternative building sites. Any required on-site wastewater systems are best designed and assessed at building consent stage.
6.7 Stormwater Disposal
Step 1:
The District Plan requires stormwater management reports to be provided for any lots less than 2ha in area. None of the proposed lots in Step 1 are less than 2ha. The Site Suitability Reports referred to in the above section also address stormwater management/control on the lots. Refer Appendix 6.
In regard to proposed Lot 2, there are no defined overland flow paths, with stormwater that does not soak into the ground, running off via sheet flow. There will be water tanks required as part of any building project. Overflow from water tanks and hard stand areas can be disposed of with a manifold or soakage trench positioned at the lower ground level past any effluent disposal field and reserve area.
Proposed vacant Lot 3’s stormwater runs off via sheet flow towards the road side drain and the overland flow path on the southern boundary of that lot. Stormwater overflow from the water tanks and hard stand areas can be disposed of towards the overland flow path on the southern boundary with the report suggesting a rib rock diffuser allowing the stormwater to spread out over a larger area instead of scouring out a narrow channel.
The TP58 prepared for the proposed dwelling to be erected on proposed Lot 4 does not go into any detail in regard to stormwater other than to recommend that a shallow swale cut off drain is required to protect the soakage field from stormwater runoff. The TP58 does not identify any drainage issues.
Step 2:
The additional lot is 4.0ha in area and already supports a residential unit. Stormwater runoff is already managed adequately on this lot and the balance lot.
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6.8 Energy Supply & Telecommunications
Step 1:
Power and telecoms are not a requirement for rural subdivisions. Nonetheless correspondence was sent to Top Energy and to Chorus in regard to vacant proposed Lots 2 & 3. Refer to Appendix 5 for a copy of the correspondence with Top Energy and Chorus.
Step 2:
Both lots are already serviced for power supply.
6.9 Easements for any purpose
Step 1:
There are no existing easements registered on the Title. Step 1’s Lot 1, supporting an existing dwelling, currently gains access along the same access that goes to the cowshed and farm buildings. It is proposed that Lot 1 will now have its own separate access, via ROW over the balance Lot 100, to Mangakaretu Road, the exact location of which is yet to be determined. This easement will also provide for services, if required. No other easements are required or proposed.
Step 2:
No easements are required or proposed.
6.10 Preservation of heritage resources, vegetation, fauna and landscape, and land set aside for conservation purposes
Step 1:
Heritage Resources, including cultural values
There are no heritage resources located within the property as listed in the District Plan and no recorded NZ Archaeological Association site anywhere on or near the property.
Neither are there any areas identified in the District Plan as being Sites of Significance to Maori. I do not consider that the proposal will adversely affect cultural values, for the following reasons:
The site is already developed as a working farm; There is minimal indigenous vegetation on the property with no clearance or drainage works required to carry out the subdivision;
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Thomson Survey Limited Proposed subdivision Sept-2019 ______ Only minimal earthworks will be required to give effect to the subdivision, largely focused around crossings and the proposed new access to Lot 1; Mitigation measures are recommended to accommodate future onsite wastewater and stormwater management and supporting reports conclude that this can be satisfactorily achieved without adverse off site effects; The site does not contain, nor is it bordered by, any significant watercourse; The minor watercourse and wet areas within the property are fenced off (or will soon be fenced off) from stock as part of the farming operation, and a planting programme underway; The area is not a high density kiwi area, being approximately 3km from the nearest identified high density kiwi area.
Vegetation, Fauna and Landscape
There any no areas of significant indigenous vegetation or significant habitat of indigenous fauna, nor any area of outstanding landscape value. As stated above, the property is within an area identified as kiwi present, and 3km from the nearest high density kiwi area. As a working farm, it would not be anticipated that there be any restriction on the keeping of dogs for the balance lot. The applicants are keen however, to ensure responsible control of any dogs kept by future owners of Lots 1-4 and would consider a restrictive consent notice that require any dogs to be micro chipped and to be kept in a dog proof enclosure and additionally chained up or kept in a run whenever the owner is away and at night.
Looking southwest from legal road back across Lot 100. The dwelling on proposed Lot 1 can be seen semi screened by the trees. This is typical of the topography and vegetative cover of the property.
There is no land set aside for conservation purposes.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______Step 2:
See above. No restriction on dogs is considered necessary for a working farm nor for proposed Lot 5 as this will likely remain in the ownership of the applicant. Should it change hands, however, then a similar restriction to that applying to Lots 1-4 could apply.
6.11 Access to reserves and waterways
Step 1 and Step 2:
There are no reserves or waterways to which access is required.
6.12 Land use compatibility (reverse sensitivity)
Step 1:
The property currently supports two areas of residential activity and a dairy farm operation, and will shortly support a third independent residence.
There are residential uses on the opposite side of Mangakaretu Road, by the legal road access at the northeast corner, and residential activities at the end of that road as well. The existing character of the area is one of residential homes scattered amongst productive rural use. The proposal will increase the number of residential uses in the immediate vicinity by two, however this is not regarded to unduly or significantly increase the risk of land use incompatibility issues arising given the location of the lots and existing nature of land use activities in the wider area.
Proposed Lot 2 is the lot closest to the milking shed, but is elevated above it and a dwelling will likely be orientated closer to the road than the shed, and face northeast, away from the shed. In addition the western boundaries of this lot can be planted to screen the lot from the shed and yards, and also for wind shelter. Lots 3 & 4 are located at distant corners of the property.
Step 2:
This is simply a subdivision around an existing house, leaving the balance farm and as such does not increase the risk of land use incompatibility, especially given the buffer provided for around that existing house.
6.13 Proximity to Airports
Not applicable to either Step as there is no airport in proximity.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______
The following are additional assessment criteria in 13.10 of the District Plan’s subdivision chapter, applying only to the step 2 discretionary subdivision activity. This subdivision creates a single additional lot of 4ha around an existing dwelling, leaving a 71.4ha balance farm.
6.14 Top Energy Transmission Lines
There is no existing electrical transmission line operating at or above 50 kV affecting either lot.
6.15 Effects of Earthworks and Utilities
No earthworks or additional utilities are required to give effect to Step 2 subdivision.
6.16 Building Locations
Both lots support existing development. There are numerous potential building sites within the balance lot, all able to achieve the required boundary setback distances.
6.17 Soil
The property currently supports a dairy operation, with residential uses. Step 2 subdivides off a 4ha lot around one such existing residential use and leaves a 71.3ha balance to still be farmed. I do not consider the Step 2 subdivision to adversely affect the life supporting capacity of the soil.
6.18 Natural Character of the Coastal Environment
Not applicable given the location of the property.
6.19 Energy Efficiency and Renewable Energy Develoment/Use
Not applicable given that both proposed lots support existing development.
6.20 National Grid Corridor
Not applicable as there is no national grid corridor affecting the property.
6.21 Other matters to consider for a discretionary activity subdivision
The positive effects of this proposal include providing for property succession planning. As a discretionary activity, the creation of one 4ha lot around an existing dwelling, leaving a large balance, is not unusual in the zone and does not set any negative or adverse precedent that the Council need be concerned about in terms of subdivision lot size and layout. Precedent effects are more generally of concern where an activity is a non complying activity in any event.
Both lots created in the discretionary subdivision are already developed and as such create no adverse cumulative effect.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______7.0 STATUTORY ASSESSMENT
7.1 District Plan Objectives and Policies
Step 1
As a restricted discretionary subdivision activity, the proposal can be considered to be consistent with the subdivision objectives and policies in Chapter 13. In particular I consider the proposal to be consistent with Objective 13.3.1 which provides for (enables) subdivision in a way that promotes sustainable management of natural and physical resources; and Objective 13.3.2 and associated Policy 13.4.1, which seek to ensure that the subdivision of land is appropriate and carried out in a manner that does not compromise air, water, soil or ecosystems, and that avoids, remedies or mitigates any adverse effects.
The Rural Production zone is an enabling zone, providing for a variety of activities subject to avoiding, remedying or mitigating adverse effects and compatibility with the amenity values of rural areas and rural production activities. I consider a restricted discretionary subdivision of the type proposed to be consistent with the zone’s objectives and policies.
Step 2
A discretionary activity subdivision requires assessment against objectives and policies to a greater degree than a restricted discretionary activity. In this instance, the discretionary activity component simply subdivides 4ha off around an existing residence, whilst leaving the balance farm. Relevant Objectives and Policies in Chapter 13 Subdivision are discussed below.
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 well being 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.
The creation of the 4ha lot with existing residence and balance farm is consistent with both the above objectives. It promotes sustainable management of the natural and physical resources of the District and provides for the applicants’ social and economic well being. It is an appropriate subdivision that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and adverse effects are minimal.
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.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______Development is existing. Should any additional residential development occur on the balance farm, water supply and stormwater management would be appropriately dealt with at building consent Step.
13.3.7 To ensure the relationship between Maori and their ancestral lands, water, sites, wahi tapu and other taonga is recognised and provided for and associated Policy 13.4.11 That subdivision recognises and provides for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga and shall take into account the principles of the Treaty of Waitangi.
There are no known sites of significance to Maori or cultural values associated with the site. There are no significant watercourses on or adjacent to the site. The minor watercourse going through the site and associated wet areas are being systematically fenced to exclude stock and some areas have been developed into ponds with habitat.
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; (b) ecological values; (c) landscape values; (d) amenity values; (e) cultural values; (f) heritage values; and (g) existing land uses.
The subdivision of a 4ha lot with an existing residence and balance farm has no more than minor impact on the matters listed in the above policy.
13.4.2 That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties.
13.4.5 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.
Access is existing to both proposed lots.
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.....
S6 matters are discussed below. The creation of a 4ha lot around an existing house and balance does not adversely affect the character of the Rural Production Zone in regard to s6 matters, or any of those matters listed in 13.4.13.
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.
The Objectives and Policies of the Rural Production Zone have been considered in the design and layout of the subdivision and I consider the step 2 subdivision to be consistent with those objectives and policies.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______7.2 Part 2 Matters
Step 1
The proposal is considered to have had adequate regard to Part 2 matters. I believe the proposal fulfils the Purpose of s5. The site does not display any of the “matters” listed under section 6 as Matters of National Importance.
In regard to “other matters” (s7), I see (c) the maintenance and enhancement of amenity values; (d) intrinsic values of ecosystems; and (f) maintenance and enhancement of the quality of the environment as having relevance. The site has some roadside and internal plantings, particularly around existing development, and this will remain and vacant lots have sufficient space to also ensure the maintenance and enhancement of amenity values. The proposed additional lots can be developed without adverse effects on ecosystems or quality of the environment.
I have not identified anything in the proposal that gives offence to, or is contrary to, the s8.
Step 2
5Purpose (1)The purpose of this Act is to promote the sustainable management of natural and physical resources.
I consider the subdivision to promote the sustainable management of natural and physical resources.
6Matters of national importance (a)the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b)the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c)the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d)the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e)the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (f)the protection of historic heritage from inappropriate subdivision, use, and development: (g)the protection of protected customary rights: (h)the management of significant risks from natural hazards.
The site does not contain any wetlands, lakes or rivers that are significant, or to which access is required. Notwithstanding this, the waterbodies that do exist on the property are being systematically fenced off from stock and some areas are being planted out with riparian vegetation.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______7Other matters (a)kaitiakitanga: (aa) the ethic of stewardship: (b)the efficient use and development of natural and physical resources: (ba)the efficiency of the end use of energy: (c)the maintenance and enhancement of amenity values: (d)intrinsic values of ecosystems: (e)[Repealed] (f)maintenance and enhancement of the quality of the environment: (g)any finite characteristics of natural and physical resources: (h)the protection of the habitat of trout and salmon: (i)the effects of climate change: (j)the benefits to be derived from the use and development of renewable energy.
The subdivision represents the efficient use and development of resources. It has minimal, if any, adverse effect on amenity values or the intrinsic values of ecosystems.
8Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
I have not identified anything in the proposal that gives offence to, or is contrary to, the s8.
7.3 National Policy Statements
Steps 1 and 2
I do not believe there are any existing National Policy Statements with statutory effect relevant to the applications.
7.4 National Environmental Standards (NES)
Steps 1 and 2
The only relevant NES is that for assessing and managing contaminants in soil to protect human health. I am not aware of any HAIL activity historically or currently taking place on the site. The NRC’s Specified Land Use database does not identify any HAIL activity on the site. I do not believe the site to therefore be a piece of land subject to the above NES.
7.5 Regional Policy Statement for Northland (RPS)
Step 1
In being a restricted discretionary subdivision activity, I do not consider the proposal to be inconsistent with any relevant objectives and policies in the RPS for Northland. The proposed vacant lots are in locations that will not interfere with the continued running of the dairy farm
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Thomson Survey Limited Proposed subdivision Sept-2019 ______or adjoining rural uses and as such do not have a material effect on productive capacity. The risk of reverse sensitivity is not significantly increased.
Step 2
In regard to Step 2, the RPS has been considered, in particular those Objectives and Policies relevant to rural subdivision.
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: .....
(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;
(d) Is integrated with the development, funding, implementation, and operation of transport, energy, water, waste, and other infrastructure;
(e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity;
(f) Ensures that plan changes and subdivision ..... in a primary production zone, do not materially reduce the potential for soil-based primary production on land with highly versatile soils, or if they do, the net public benefit exceeds the reduced potential for soil-based primary production activities; and
The property is currently being farmed as a small sized dairying property. It does not possess highly versatile soils or drainage characteristics conducive to other productive uses. The creation of a lot around existing development, leaving a balance does not increase the likelihood of land use incompatibility.
5.1.3 Policy – Avoiding the adverse effects of new use(s) and development
Avoid the adverse effects, including reverse sensitivity effects of new subdivision, use and development, particularly residential development on the following:
(a) Primary production activities in primary production zones (including within the coastal marine area);......
I do not believe the subdivision adversely impacts on the ability for the balance property, or any adjacent property, to continue to support primary production activity
7.6 Regional Water and Soil Plan and Proposed Regional Plan
Steps 1 & 2
The subdivisions do not result in any breaches of rules in either the Operative Regional Water and Soil Plan, or Proposed Regional Plan.
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Thomson Survey Limited Proposed subdivision Sept-2019 ______8.0 CONSULTATION
Step 1
Although power and telecoms are not a requirement of subdivision, consultation has been carried out with Top Energy and Chorus in regard to services for the two vacant Lots 2 & 3.
As a restricted discretionary subdivision activity, consultation with adjacent landowners has not been considered necessary.
The site is not accessed off state highway and is some distance from the nearest state highway. As such consultation with NZTA has not been necessary. With no heritage resource identified on the site, consultation with Heritage NZ has not been considered necessary and with less than minor effects on any habitat, including waterbodies, neither has it been considered necessary to consult with Department of Conservation or iwi.
Step 2
Whilst the subdivision is a discretionary activity it simply creates an additional lot around an existing dwelling. Whilst a new dwelling can be constructed on the balance farm, this is the situation right now, as of right, i.e. the underlying property is large enough to have up to six residential dwellings on it, in fact almost large enough for seven, at the 1 dwelling per 12ha permitted activity ratio. In addition any future development within the balance farm lot can readily achieve the required setback distances from all boundaries. I do not believe this subdivision has minor or more than minor adverse effects on any party.
9.0 CONCLUSION
Steps 1 & 2
The subdivision activities are a restricted discretionary and discretionary category subdivision, and as such precluded from public notification. In my opinion, the effects on the wider environment are no more than minor, and no special circumstances exist. I have not identified any affected persons.
It is therefore requested that the Council grant approval to both Steps on a non notified basis, subject to appropriate conditions.
Signed Dated 20th September 2019 Lynley Newport Senior Planner THOMSON SURVEY LTD
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Thomson Survey Limited Proposed subdivision Sept-2019 ______
10.0 LIST OF APPENDICES
Appendix 1 Scheme Plan(s)
Appendix 2 Locality Plan
Appendix 3 Record of Title
Appendix 4 RC 2000734
Appendix 5 Consultation with Top Energy and Chorus
Appendix 6 Site Suitability Report and TP58
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