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Kohi Neighbours Comments on Draft Conditions for Kohimarama

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Kohi Neighbours Comments on Draft Conditions for Kohimarama Comments on Proposed Conditions – Kohimarama Comprehensive Care Retirement Village Application name Kohimarama Comprehensive Care Retirement Village EPA reference FTC000024 Applicant Ryman Healthcare Limited Comments due by 5 May 2021 Prepared by: Kohi Neighbours Incorporated 5 May 2021 1 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 Abstract The Kohimarama Comprehensive Care Retirement Village is a Referred Project under the COVID-19 Recovery (Fast-track Consenting) Act 2020. The applicant is Ryman Healthcare. These comments on the proposed conditions are in response to an invitation to comment received by Kohi Neighbours Incorporated from the Expert Consent Panel for the Environmental Protection Authority (EPA). Submitted this 5th day of May, 2021 on behalf of Kohi Neighbours Incorporated _______________________ _________________________ Jeff Robertson Nik Nigro Chair Deputy Chair Kohi Neighbours Incorporated 2 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 Introduction Comments on the Kohimarama Comprehensive Care Retirement Village application submitted by Kohi Neighbours Incorporated (KNI) on 6 April 2021 included a number of suggested conditions of consent. These were well-considered and reflective of the specific issues concerning residents living nearby the site. A small selection of these have been incorporated by Ryman Healthcare as part of their Proposed Consent Conditions in their Response to Comments on 14th April 2021, or subsequently added by the Expert Consenting Panel in their minor modifications to the proposed conditions. Where the response to the comments has been inadequate KNI has carried the concerns into this review of the proposed conditions. To avoid unnecessary repetition, discussion around the basis of these comments has been largely avoided. The previous submission by KNI contains this information in greater depth. This document provides comments on the proposed conditions from Kohi Neighbours Incorporated. These have been compiled with the input of KNI members working in the commercial construction industry, managing large projects for main contractors. They are informed and balanced comments, not those of a "layperson". They are specific to the nuances of the site, surrounding neighbourhood, and resident concerns. In most cases they are based on precedence from other similar developments. By providing detailed feedback at this stage we believe that future negative impacts can be mitigated to the greatest extent practicable, to the benefit of all. The providing of comments on the proposed conditions of consent is not to be construed as acceptance of the development as described in the listed drawings. KNI upholds that the height, bulk and dominance of the project is inappropriate for the neighbourhood, contrary to the intent of the AUP, and not supported by the NPS-UD. Design modifications, including removing levels from several or all of the buildings, must be undertaken as a condition of, or precedent to, the approval of the development. 3 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 Comments on Proposed Conditions GENERAL CONDITIONS 1. The response to comments provided by Beca on 14 April 21 does not address the drawing errors raised by KNI (section 2.6) and Richard Reid (section 5). In particular, the floor plans for B01 in drawings 044-RCT-S01-A0-020 through 044-RCT-S01-A0- 100 are clearly inaccurate, and the explanation offered by Ms. O'Meagher does not resolve the drafting error. Regardless of if the site plan drawings are cut at the apartment levels or B01 floor plan levels, the floor plates shown for B01 should include only the rooms that exist on that floor. Refer to Appendix A for a full side-by- side comparison of floor plans. Ms. O'Meagher's explanation regarding the 45 degree HIRB recession plane is also inadequate and inaccurate. The 45-degree recession plane, per the Auckland Unitary Plan, exists relative to the boundary. When a section is cut perpendicular to the boundary the recession plane will indeed appear at 45 degrees. When a section is cut at any other angle relative to the boundary then the same plane will appear at a different angle in the section. This is basic geometry and drafting, and – in the words of Ms O'Meagher – "is a factual requirement and not open to interpretation". There has been no correction of the landscape or civil drawings that show a conflict between the extent of existing vegetation to remain and the relocated stream and new retaining wall near the eastern boundary. Until these drafting errors are acknowledged and corrected the description of the project in the listed drawings is not sufficiently accurate for the purpose of this consent, as key information – such as the extent to which buildings exceed the HIRB recession plane, the way floor plates diminish as they move up levels, and the extent of vegetation to remain (relevant to conditions 52, 53 and 54) – is not accurately portrayed. In addition, it is unusual that the document list does not include consultant reports and assessments (e.g. traffic, geotech, draft CTMP, etc.) as these form part of the description of the consented activity. This is vital to capture assurances made by the applicant that specific items will be addressed in the various construction-related plans that will be submitted to fulfil consent conditions, but have themselves not been 4 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 reflected in the conditions. The list should be updated to fully reflect the scope and basis for the consented works. LAPSE PERIOD 2. No comment. MONITORING FEE 3. No comment. STAGING 4. Accepted with the following addition to the last paragraph: "…provided that staged occupancy does not impact the consent holder's ability to comply with the conditions of the consent." ENGAGEMENT WITH NGATI WHATUA ORAKEI 5. No comment. COMMUNITY LIAISON GROUP 6. The appointed Auckland Council Resource Consent Monitoring and Compliance Officer should be part of the CLG and attend the meetings1. The CLG should continue until a minimum of 12 months after occupation of the final building to provide feedback from the community on the effectiveness of transport and landscaping measured described elsewhere in the conditions. 7. The consent holder should provide copies of the listed plans at the time they are submitted to Council, not once approved. The members of the CLG can then provide any relevant input or endorsement to Council for consideration prior to the approval of the plans. (Note, KNI acknowledges that its participation in the CLG does not provide any powers of approval or otherwise.) It is expected that, if during the course of construction any of the submitted plans are found to be lacking, then Council has the power to insist on revisions to be made. 1 LUC60330497 Oceania Waimarie consent conditions provides for a CLG that includes a "representative of Auckland Council." 5 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 ChemTMP to be added to the list of items to be provided to the CLG, if this is not included in the Erosion and Sediment Control Plan. KNI also wishes to be provided copies of the Landscape Master Plan (condition 50), as well as monitoring results (when requested) in relation to noise and vibration monitoring, and erosion and sediment control monitoring. PRE-CONSTRUCTION CONDITIONS 8. Accepted, provided "certified" has the meaning "approved by Council" in conditions d) through h). CONSTRUCTION MANAGEMENT 9. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.2 Content of the CMP should "include but not be limited to" the listed items. Additional items to be included as part of the CMP:3 g) Details of the site manager, including their contact details, cell phone and email; h) The location of a large noticeboard on the site that clearly identifies the name, telephone number and address for service of the site manager; i) Details of how pedestrian safety along public footpaths will be managed; j) Details of how complaints will be handled and addressed; k) Provision for all contractors to be made aware of the conditions of this consent and of the need to comply with them at all times; l) Detailing the locations, brightness, direction and operating times for site lighting to ensure light spill does not impact neighbours; 2 Proposed conditions agreed by parties and included in Summerset St Johns Environment Court Decision reads: "Prior to the commencement of any works onsite the consent holder shall submit and have approved by Council, care of Council's Team Leader Central Monitoring, a Construction Management Plan (CMP). The CMP shall include, but not be limited to, addressing the following matters: …." 3 Items also included in Summerset St Johns conditions. 6 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 m) Lighting, illuminated signage or banners are not permitted on cranes aside from aviation obstacle warning lights; n) Provision of onsite worker amenities to prevent workers loitering outside the site; 10. No comment. 11. Notwithstanding this condition, should any dust be deposited on neighbouring properties, the consent holder shall be obligated to provide wash-down or cleaning of buildings and/or pools receiving the dust. 12. No comment. 13. For clarity, include Kohimarama Road and Allum Street as other named streets that may be subject to damage. The consent holder should undertake a photographic assessment of existing conditions and provide to Team Leader, Compliance Monitoring – Central prior to the commencement of work on site. In the event that the road or footpath has been damaged as a consequence of activity associated with the development and such damage is observed by Council or Auckland Transport and brought to the attention of the consent holder, the consent holder shall arrange for repair within 5 working days after damage has been reported or to a timeframe agreed by Auckland Transport.
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