Commissioner Hearing – OPEN
Total Page:16
File Type:pdf, Size:1020Kb
Resumed Commissioner Hearing – 25 June 2010 - Open Minutes of a Resumed Commissioner Hearing – OPEN Time and date: 9.00 am, Thursday, 25 June 2010. Venue: Council Chamber, Garden Place, Hamilton. Commissioner: Mr A Bickers In Attendance: Consultant Planner - Stephen Bigwood Planning Guidance Manager - Gulab Bilimoria Committee Advisor: Mrs S D Collins SECTION B: MATTER FOR RECOMMENDATION TO THE COUNCIL BY THE COMMISSIONER 1. 13/16/43 Wairere Drive 4-Laning from Pukete Road to River Road The Commissioner to consider the above application, evidence and reports from consultants, staff and submitters. The Commissioner welcomed those in attendance and outlined the meeting procedure. Right of Reply Mr Lang read from a written statement outlining the changes made to the application on the following issues:- Harrowfield Drive/River Road design Submission by Cycle Action Waikato Submission for the benefit of wheeled pedestrians and visually impaired people Suggested amendments to consent conditions by Reporting Planner Consideration of effects of signalisation of Pukete Road/Wairere Drive intersection and River Road/Wairere Road intersection The Commissioner informed the meeting that he would have his decision completed in July, and was of the opinion that his decision would be to grant the application on this occasion. COUNCIL 11 AUGUST 2010 - OPEN Page 1 of 38 Resumed Commissioner Hearing – 25 June 2010 - Open The Hearing was declared closed at 9.25 am COMMISSIONER’S REPORT 1. Introduction 1.1 The Hamilton City Council, in its capacity as the road controlling authority under the Land Transport Management Act 2003, has applied for land use consent to upgrade to four traffic lanes the section of Wairere Drive, generally from Pukete Road to River Road, Hamilton (including Pukete Bridge) and to undertake earthworks in an environmental protection overlay area. 1.2 The Consent Authority’s file reference is 2009/059LN. 1.3 The legal description of the site is Legal Road (Wairere Drive, Pukete Road and River Road), SO 42446, SO 60058, SO 44133, SO 60363, SO 50739, SO 58439, SO 48646, SO 44824, SO 46947, SO 45644, SO 47697, SO 48652, DP 7609, SO 53796, DP 348682, SO 51226, SO 60484, DPS 2398, SO 58518, SO 414660 and SO 58737. 1.4 The proposal affects a section of Wairere Drive approximately 1.5 kilometres long from Pukete Road to River Road, including Pukete Bridge over the Waikato River, as well as some short sections of Pukete Road and River Road immediately adjacent to the intersections of those roads with Wairere Drive. The works form part of a wider upgrade project which also includes the 0.6 kilometre long section of Wairere Drive from River Road to Resolution Drive. 1.5 As the Applicant and the Consent Authority are the same territorial (local) authority, the Consent Authority appointed Alan Norman Bickers as sole commissioner pursuant to s.34A(1) of the Act, to hear and determine the application. 2. Background 2.1 The section of Wairere Drive which is the subject to the application is classified as a ‘Major Arterial Road (Limited Access and/or Restricted Access)’ in the Hamilton District Plan. River Road is classified as a ‘Minor Arterial Road’ and Pukete Road is classified as a ‘Collector Road’. Wairere Drive is currently a two lane road, linking the arterial routes of Te Rapa Road and Avalon Drive in the north western part of Hamilton City to the arterial routes of Resolution Drive, Hukanui Road and Gordonton Road in the north eastern part of the city. Wairere Drive includes the Pukete Bridge which is the northern most of the city’s six bridges providing vehicle access across the Waikato River. The Wairere Drive road corridor has a width of approximately 60 metres over its full length and is comprehensively landscaped. The road is generally located at a lower level than surrounding properties, which are predominantly developed for residential purposes. Formed pedestrian footpaths and cycle ways are located along the full length of Wairere Drive, including over the Pukete Bridge. Pedestrian / cycle underpasses are located at major intersections along the route and stairs provide pedestrian access from the western end of the bridge to Delamare Road, which runs underneath the bridge to the west of the Waikato River. A pedestrian overbridge is located over Wairere Drive to the east of the intersection of Wairere Drive and River Road, providing pedestrian access from Harrowfield Drive to Pascal Place and connecting a sewer main from the southern side of Wairere Drive to the northern side. COUNCIL 11 AUGUST 2010 - OPEN Page 2 of 38 Resumed Commissioner Hearing – 25 June 2010 - Open No vehicle access is obtained to any properties directly off Wairere Drive along the full project length. 2.2 The application involves the upgrading of the section of Wairere Drive between Pukete Road and River Road. The proposed works involve the widening of the entire section of road to four traffic lanes and the addition of a ‚clip on‛ cantilevered structure on Pukete Bridge to provide a new pedestrian and cycle way across the bridge. The project is expected to take approximately two and a half to three years to complete. 2.3 The Consent Authority undertook an assessment of the application in terms of s.95A to 95F (inclusive) of the Act, and determined to process the application on a ‚limited notification‛ basis. 2.4 Notification was made to landowners and occupiers of properties adjacent to the road corridor as well as other parties identified as having an interest in the proposed works. The closing time for submissions was 4.00pm on 17 February 2010. (Submissions received are discussed later). 2.5 The Consent Authority’s assessment of the planning status of the application under the Act involved consideration of the existing designation, and the Proposed District Plan (References Version). 2.5.1 Designations The section of Wairere Drive to the west of River Road that is the subject of this application is currently covered by an existing designation under the Hamilton City Transitional District Plan but it is not subject to any designations under the Hamilton City Proposed District Plan. As no provision has been made to ‚roll-over‛ this designation to the Proposed District Plan it has been decided by the Applicant to seek a resource consent to enable the project to proceed under the provisions of the Proposed District Plan. 2.5.2 Activity Status Rule 3.3.1(b) of the Proposed Plan sets out that the construction of any road is a Discretionary Activity where not otherwise provided for as a Permitted Activity in Rule 3.3.1(a). The relevant Permitted Activity rule states as follows: “The construction of any new road or realignment or widening of any existing road where - It is in accordance with an operative designation - It is provided for in the plan as a building line restriction - It is proposed as part of an approved subdivision - It is in accordance with any other approved resource consent.” The section of Wairere Drive to the west of River Road that is the subject of this application is currently permitted activity as it is “in accordance with an operative designation” included in the Transitional District Plan. To avoid the risk associated with the Transitional District Plan no longer being operative before the project is commenced, however, the Applicant is seeking resource consent for that section of road works. COUNCIL 11 AUGUST 2010 - OPEN Page 3 of 38 Resumed Commissioner Hearing – 25 June 2010 - Open Rule 3.3.2 contains ‘specific standards’ which apply to activities specified under that rule, including ‘roads’ (Rule 3.3.2(b)). Those standards are as follows: “(i) Major and Minor Arterial roads shall comply with noise standards in Rule 5.1.1. (ii) Any road constructed or reconstructed after the operative date of this plan shall be constructed to standards appropriate to the road’s classification in the Road Hierarchy (see Appendix 3.3-1).” There are two noise standards relevant to the assessment of road noise in Rule 5.1.1. The first of these (Rule 5.1.1(c)) requires that construction noise achieves compliance with NZS 6803:1999 “Acoustics – Construction Noise”. The noise assessment provided with the application confirms that the construction activities may not meet the requirements of this standard for properties less than 50 metres either side of the road. Rule 3.3.3(d) ‘Failure to Meet Standards’ identifies that activities which do not comply with this standard require resource consent as a Restricted Discretionary Activity. The second relevant standard relates to the ‘design and construction of new arterial roads’ which adjoin the Residential Zone or Future Urban Zone (Rule 5.1.1(i)). New roads constructed after 30 October 1999 where frontage access is limited or restricted are required to achieve compliance with a noise level of 60 dBA L10 (18 hours) measured at a point 3 metres within the boundary of any adjoining site and at any point up to 2.8 metres above ground level. As the road is not a ‘new’ road, the works will not result in a requirement to achieve compliance with the noise level specified in Rule 5.1.1(i). The noise assessment provided with the application, however, identifies that the noise levels specified in the rule are appropriate for consideration in terms of an assessment of the noise effects of the future use of the upgraded road. In terms of Rule 3.3.2(b)(ii) the road is proposed to be constructed to a standard appropriate to the classification of Wairere Drive as a Major Arterial Road. The proposed works are therefore compliant with this standard.