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. Repairs shall be at the cost of the consent holder.4
14. This information should be certified by a licensed surveyor.
15. There should be no circumstance that warrants storage of materials or equipment in the road reserve.
CONSTRUCTION WASTE MINIMISATION
16. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
ACCIDENTAL DISCOVERY PROTOCOL
4 Summerset St Johns conditions include far more rigorous assessment of existing road surfaces and monitoring, including monthly visual assessments with written report and photographs, high definition video and Benkelman Beam testing of roadways.
7 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 17. No comment.
CONTAMINATED LAND
18. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
19. No comment.
20. No comment.
21. No comment.
22. No comment.
23. No comment.
24. No comment.
CONSTRUCTION NOISE AND VIBRATION
Construction Noise and Vibration Management Plan
25. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
The CNVMP should be prepared to also reference section E25 of the AUP.
Content of the CNVMP should "include but not be limited to" the listed items.
Item e) (ii) should include retaining walls, solid fences and hardscaping, and include that a "Pre-construction condition survey to be offered to all owners of property directly adjacent to the site, or with reasonable grounds to request such a survey. Upon suspicion of damage, or at completion of the works, a further condition survey shall be completed and compared to the original. Damage shall be repaired by applicant and shall include reasonable costs incurred by the resident to enable the repairs to be completed (e.g. vacating the property)."
Additional items to be included as part of the CNVMP:5
5 Conditions included in Summerset St Johns.
8 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 j) The roles and responsibilities of the personnel in the contractor team with regard to managing and monitoring noise and vibration effects;
k) Construction machinery and equipment (type and number) to be used and their operating noise levels;
l) The proposed methods and frequency for monitoring construction noise and vibration to be undertaken by e SEQP for the duration of construction works;
m) Identify appropriate monitoring locations for receivers of construction noise and vibration;
n) The proposed noise barrier construction to be installed along the Selwyn College boundary to mitigate the noise impacts on the learning environment within the College;
o) Details of any noise barriers erected for a duration exceeding 2 weeks, noting that these shall not unduly obstruct the visual amenity of properties;
p) Procedures and timing of reviews of the CNVMP.
26. There is inadequate provision for independent monitoring to confirm noise levels comply with the CNVMP, rather than relying on a complaints led process. A monitoring programme must be included in the CNVMP, with reports provided to Team Leader, Compliance Monitoring – Central and the CLG when requested (refer condition 7).
Construction Noise
27. Refer to section 8.3 of the comments submitted by KNI on 6 April 2021 for a detailed argument against the proposed noise limits and for work hour restrictions. This is one of the most important issues to the residents of the neighbourhood. The argument made by the applicant against work hour restrictions is that the overall duration of the project, and therefore noise, will be extended6. KNI believes that with adequate forethought and programming the actual impact on the overall project duration due to these restrictions will be minor, if anything at all. There will be a significant increase in the wellbeing of neighbouring residents due to the restrictions, and any minor extension in overall duration is an accepted and preferred trade off.
6 Response to Comments, Siiri Wilkening, 14 April 2021.
9 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 It is not sufficient to restrict only noisy works, as the arriving and "getting ready" for work can be just as disturbing to residents (refer p58 KNI Comments).
It is not unreasonable, due to the extended duration of construction and the effect of long term disturbance on neighbours, that restrictions are imposed beyond the AUP standard noise limits. There is precedence for this on other nearby projects.7 8 KNI wishes for the following condition to be inserted:
"All noise generating activities associated with the implementation of this resource consent on, or in the vicinity of, the subject site (which can include (but is not limited to) any demolition, earthworks and construction activities, and ancillary activities (such as deliveries, loading and unloading goods, transferring tools, etc.)):
a) May only be carried out between the hours of 7:30am and 6:00pm, Monday to Friday, and between 8:00am and 1:00pm Saturday; and
b) Must not be carried out on any Sunday or public holiday.
Notwithstanding the above, there shall be no earthworks, concrete floor pours (or other major pours), piling or other high-noise generating activities to occur on Saturdays.
No personnel to be permitted onsite until 6:30am Monday to Friday, or 7:30am Saturday. Location of worker parking shall be as far as reasonably practicable from neighbouring houses. Engine idling, audible radios, slamming of vehicle doors, loud conversations and the like shall be actively scrutinized. No start-up of machinery for warmup, maintenance or fuelling is allowed."
We propose the following modifications to the table included in condition 27:
Weekdays 8:00pm – 7:00am L(Aeq) = 40 L(Amax) = 70
7 Summerset St Johns conditions include: "All noise generating activities associated with the implementation of this resource consent on, or in the vicinity of, the subject site (which can include (but is not limited to) any demolition, earthworks and construction activities, and ancillary activities (such as deliveries, loading and unloading goods, transferring tools, etc.)): a. May only be carried out between the hours of 7:30am and 18:00pm, Monday to Saturday; and b. Must not be carried out on any Sunday or public holiday…" 8 LUC60345722, St Kentigern School, Shore Road, Remuera: "No piling, earthworks, or major concrete pouring activity which would generate greater level of noise and increased numbers of heavy traffic movements shall occur during weekend and public holidays."
10 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 7:00am – 7:30am L(Aeq) = 55 L(Amax) = 70
Saturdays 8:00pm – 7:30am L(Aeq) = 40 L(Amax) = 70
7:30am – 8:00am L(Aeq) = 55 L(Amax) = 70
This allows a half-hour for lower-noise "preparatory" activities such as safety briefings as described by the applicant9. This is sufficient time for these activities without impacting the construction programme. This is consistent with the discussion and logic included in section 8.3 of KNI Comments.
As proposed in KNI Comments p59, reduced work hours of 8:00am – 5:00pm Monday to Friday shall be in effect during Covid-19 Alert Level 3. This will have a minimal impact on overall programme but have significant benefit to neighbours.
28. This condition was discussed in KNI Comments section 8.4. The comment was misinterpreted by the applicant in their response to comments. 5-days notification, as proposed by the respondent, is acceptable. The issue is the wording of the condition, referring to activity "generally specified" in the draft CNVMP. This is unsatisfactorily vague, particularly given that the acoustic engineer concedes that the selection of equipment and methodology has not yet been confirmed. The expectation of KNI is that the final CNVMP will be specific as to the equipment, activities and durations that will cause exceedances of the AUP limits at occupied buildings. Monitoring should be done by the consultant acoustic engineer (not the construction team) to ensure the CNVMP is accurate in its prediction of the work. If a pattern of non-compliance develops then the work must be stopped while alternative controls can be put in place, or the CNVMP is updated and resubmitted to Council for approval.
Construction Vibration
29. The three-day exceedance is more generous than other consented developments.10 The limits should be absolute. Delete the three-day allowance.
Construction Hours
9 Wilkening, p8. 10 Summerset St Johns includes similar peak particle velocity limits but without a duration where exceedance is permitted.
11 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 30. Refer to Condition 27 above. Work hours should be limited to 7:30am-6:00pm Monday to Friday, and 8:00am – 1:00pm Saturday. Half-hour allowance for preparatory tasks prior to the shift, but no allowance for "quiet" works outside the work hours.
OPERATIONAL NOISE
31. Advice note refers to intermittent exceedances associated with normal household activities, such as lawn mowing or home handyman work. Given the commercial nature of the project, all lawn mowing, garden and building maintenance work will be of a commercial scale and undertaken by professionals, not residents, and therefore this advice note should be removed or amended.
32. Condition should include "consideration shall be made for sound attributes other than noise level, such as pitch, steadiness, variation and special audible character."
33. Although unlikely to be tolerated by village residents, smashing of glass bottles by rubbish pickup trucks at 7am is too early and not in alignment with the other noise limits discussed. Suggest times are amended to 7:30am – 6:00pm.
TRAFFIC
34. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
Content of the CTMP should "include but not be limited to" the listed items.
Detailed discussion is included in KNI Comments section 9.
Regarding proposed conditions:
a) Add: Gates shall be kept secure to restrict activity onsite as follows:
i. Gates on Kohimarama Road to open no earlier than 6:30am Monday – Friday, and 7:30am Saturday to allow worker entry.
ii. Gates on John Rymer Place to open no earlier than 7:00am Monday – Friday, and 7:30am Saturday to allow for worker entry.
iii. Gates shall close at 6:30pm Monday-Friday, and 1:30pm Saturday.
b) For clarity, state that no parking is to occur "on berms".
12 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 d) Delete "except for during concrete pours" as the pickup and drop-off of machinery is not related to pouring concrete.
Add: All vehicles shall be prohibited from entering or exiting the Kohimarama Road gate between 8:15am and 9:15am, and between 2:30pm and 3:30pm, except for concrete trucks where these cannot be scheduled otherwise.
Add: Trucks shall be prohibited from entering the site until 7:00am Monday – Friday, and 8:00am Saturday.
e) Traffic controller should be present at each gate full time during operating hours, as described by the applicant.11
h) Add: "…including plans showing semi-permanent / fixed and temporary signage locations, and location of cones."
k) Add: "The Kohimarama Road exit shall be used as the primary exit for large trucks".
Additional conditions to be included in the CTMP:
m) No entry or exiting for any vehicle via the Kohimarama Road access point during school peak times.
n) No right-turn entry via the Kohimarama Road access point. Although crash data does not indicate a problem with this arrangement12 the introduction of large slow-moving vehicles (and elderly drivers post-occupancy) will create safety issues at this location.
o) No right-turn exit from the Kohimarama Road access point
p) Truck traffic associated with the development shall be prohibited on Allum Street.
q) Contractor shall take measures to avoid track-out of mud, dirt and dust. Any visible track-out shall be attended to as soon as practicably reasonable, but no longer than 24-hours after occurrence.
r) Heavy vehicles shall be prohibited from leaving site (although they may arrive subject to school peak hour restrictions) via either access point between 7:00am
11 Section 9.3 & 9.4, Commute Transportation Assessment Report 12 February 2021. 12 Response to comments, Hills & Church, p16 para 38.
13 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 and 9:15am, between 2:30pm and 3:30pm and 4:00pm and 6:00pm, Monday – Friday.13 14 15
s) Heavy vehicles shall be prohibited from turning left from Kohimarama Road into John Rymer Place.
t) Where reasonably practicable, concrete pours shall be coordinated to allow compliance with the above trucking restrictions. For unusually large concrete pours, concrete trucks may enter site via the two access points within the restricted times, provided that two Traffic Controllers are stationed at each gate.
u) Vehicle tracking curves to demonstrate left-in and left-out truck movements at the Kohimarama Road entry/exit can be safely undertaken without undue safety risk for road users. Note that vehicle tracking curves have not been provided for the Kohimarama Road access point.
v) Prior to any application being submitted to Auckland Transport for temporary or permanent NSAAT parking restrictions on John Rymer Place, a draft shall be provided to the CLG for consultation.
w) Incident, complaints tracking and monitoring procedure.
x) Procedures and timing of reviews of the CTMP.
35. Delete reference to induction loop. Intercom call box has been confirmed as the applicants desired approach.16
36. Delete "Unless otherwise approved through the CTMP". These conditions relate to operational restrictions, not construction restrictions, and therefore the CTMP does not apply.
37. No comment.
38. No comment.
13 Response to comments, Hills & Church, p14 item k, bullet 6. 14 Summerset St Johns conditions restrict truck movement to a far greater extent than proposed here. "No heavy vehicles shall access the site (entry and exit) during the commuter peak hours, 7am to 9am and 4pm to 6pm on week days." 15 Ryman Devonport conditions of consent includes "the CTMP shall stipulate that no heavy vehicles (8.0m or longer) shall depart the site between 7:00am and 9:00am (although they may arrive) and shall not arrive at or depart the site between 4:00pm and 6:00pm on business days." 16 Hills & Church, para 82.1.
14 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 39. Add: "Adequate provision for over-sized vehicles to be provided.
No staff or resident parking allowed on John Rymer Place."
40. No comment.
41. Change time period of final review to "up to 2 years following all six buildings being occupied". It is unlikely that the village will be fully occupied with settled traffic flows for at least a year after final occupation.
b) Add: "Any material changes to the conditions of consent requested by the applicant, including any post-occupancy, shall be brought before the CLG for review."
c) Applicant will engage a suitably qualified traffic engineer to assess the traffic flows 6-12 months following occupation of the final buildings in relation to the potential addition of a right-turn arrow to the traffic lights at the John Rymer Place / Kohimarama Road / Allum Street intersection. This report is to be provided to Auckland Transport and the CLG for review. Should Auckland Transport assess that a right-turn arrow is warranted due to the changed traffic patterns, the applicant must undertake this work or pay costs for the work to be performed.
SURVEYORS CERTIFICATION
Foundation Check
42. No comment.
Surveyor Roof Height Check
43. No comment.
GEOTECHNICAL MANAGEMENT
44. No comment.
45. No comment.
46. Wording must reflect that no works are permitted until the engineer's work method is reviewed and approved.
47. No comment.
15 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 SCREENING
48. No comment on proposed condition 48. However, a new condition needs to be created to "Require applicant to provide a detailed lighting plan prepared by a qualified lighting engineer, with evidence that "dark skies" principles have been incorporated, with reference to relevant standards (e.g. NZS 4282). Screening of lights or brightly lit areas may be required to avoid light spill, glare, and impact on neighbours."17 18
49. Amend to include "service, refuse or storage" areas.
LANDSCAPING
50. Timing of this condition should change, to "no later than 6 months after commencement onsite"…. This ensures that planting preparation can be adequately allowed for, including screening locations and podium planter areas.
The finalised planting plan should incorporate changes in response to concerns outlined in paragraphs 8.67 – 8.77 in Richard Reid's expert assessment 6 April 2021 (Appendix F to KNI Comments). Specifically, the retention of existing vegetation to act as screening versus the removal of vegetation to provide for the relocated stream; suitability of tree species in various locations; and the suitability of exotic species in key areas. Condition 50 should be amended to address these issues.
a) Comments on planting plan conditions:
i. Noting that planting close to the boundary is not desirable for these occupants.19
iii. Following any removal of existing vegetation along the eastern boundary to accommodate grading and retaining for the relocated stream, the vegetation will not be able to mitigate views of the new
17 Ryman Devonport includes the condition of consent: "At no time between the hours of 2200 and 0700 shall any outdoor lighting be used in a manner that the use of such lighting causes an added luminance in excess of 20 lux measured horizontally or vertically at any point along any residential boundary of the site." 18 Oceania Waimarie consent conditions include an in-depth description of the required Lighting Plan, including "proposed locations, lux levels and types of lighting… and any light support structures required to control timing, level of lighting, or to minimise light spill, glare, and loss of night time viewing." Further, "Demonstrate the vertical illuminance by means of lux contours or a similar method to assess light spill on neighbouring properties where relevant." 19 Also refer to Richard Reid's expert assessment, Appendix F of KNI Comments, paragraphs 9.51- 9.53.
16 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 buildings. The planting in this area requires further review. The location, size and species of shrubs and trees along the eastern boundary must be developed in consultation with the residents along this boundary prior to finalising the planting plan.
v. 45L is not an acceptable size for trees intended to screen buildings as mitigation for their exceedance of AUP standards. All screening trees should be as large as is reasonably available and planted as early as practicably possible.
vi. 45L is not an acceptable size for trees intended to screen buildings as mitigation for their exceedance of AUP standards. All screening trees should be as large as is reasonably available and planted as early as practicably possible.
c) Specimen trees have been sized by Design Squared Landscape Architects as typically Pb28 or 45L. These are not acceptable sizes for specimen and screening trees. Most specimen trees listed are available in much larger sizes than indicated, such as 80L, 160L, 300L or 400L, particularly if procured soon after the consent is granted.20 The size of these trees when planted will therefore achieve the 5-year and 10-year height targets in a much quicker timeframe, benefitting residents of the village as well as neighbours who rely on the trees to provide screening of the buildings as mitigation for their height and bulk exceedances of the standards in the AUP. Refer to KNI Comments section 7.2 for further discussion and precedence.21
Condition should specifically reference the need to increase the size of specimen and screening trees from those shown on drawing SK101 in order to provide the maximum immediate effect attainable. Furthermore, all screening trees should be planted as early as practicably possible;
d) Consent holder to also seek input from Eastern Bays Songbird Project regarding appropriate plant species;
i) Applicant shall provide a full Environmental Management Plan that includes:
20 Source: Black Bridge Nurseries. 21 LUC60360176 Metlifecare Howick includes conditions requiring consent holder to procure 40 trees of 300L or greater within 3 months of the granting of the consent.
17 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 i. A Lizard Management Plan (LMP)
ii. No vegetation removal during the bird nesting season from August to February. Vegetation to be done piecemeal to allow birds to relocate in a staged way.
iii. A significant quantity of planting to be of native specimens selected to provide food source for native birds.
iv. Retention of all native planting outside of the construction footprint.
v. Protective fencing of existing vegetation to prevent accidental damage or removal.
vi. Early planting of replacement specimens. Specimens to be large/mature.
vii. An ongoing pest trapping programme.
51. Add to the end of this condition: Applicant to create a covenant to protect the existing area of native trees from being removed at any time in the future.22
52. Add "Prior to earthworks commencing onsite…".
At the end of the condition, add "…. with the intent to maintain or improve the level of existing screening during this process."
53. Include specific dates for bird nesting season, August to February.
54. At the end of the condition, add "Tree removal is not to be undertaken prior to the establishment of replacement specimens to a suitable height, with the intent to maintain or improve the level of existing screening during this process."
55. No comment.
WASTEWATER
56. No comment.
57. No comment.
22 Oceania Waimarie consent conditions include covenant on trees so that they will "be protected and maintained in perpetuity".
18 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 WATER
58. No comment.
FLOODING / OVERLAND FLOW PATH
59. KNI continues to object to the location of the relocated stream based on the imposition of obligations on neighbouring property owners, related to the 10m riparian yard standards effective under the AUP. Contrary to statement by the applicant that "the legal issue is a matter for affected landowners to take up with the Council" and is "not otherwise a relevant consideration for this consent process"23, there is precedence of Council citing this issue as a significant reason for not approving an application for consent.24 The applicant claims that only small areas of the neighbouring properties would be effected25. KNI holds the view that if the distance is so slight then the applicant could modify their design with reasonable ease to accommodate the stream and full 10m riparian yard within its own property and not impose any obligation onto neighbouring properties. A condition should be drafted to the effect that "Consent holder shall reduce or alter the building footprint to allow the relocated stream course to be modified such that the full 10m riparian yard required by the AUP is contained fully within the consent holder's site, and does not impose any obligation on adjacent properties where the consent holder has not gained approval from the landowner to do so." We note that this will allow a greater extent of existing vegetation to be maintained, resolving the conflict of information highlighted in section 2.6.6.a. of KNI Comments 6 April 2021 and again in comment on Condition 1 above.
60. No comment.
61. No comment.
62. No comment.
23 Memorandum of counsel on behalf of Ryman Healthcare, Response to Comments, 14 April 2021, para 155. 24 Application LUC60340435, 12 and 46 Abbotts Way, Remuera, declined by Council 27 April 2021. From page 3 of the executive summary: "The proposed diversion of the stream to the southern boundary of the site will impose new obligations on the adjoining properties as a result of these sites now being located within the riparian margin. As we heard from some of these directly affected submitters, they considered this element of the proposal would have a significant adverse effect on their properties. We agreed with them on this point." 25 Ryman Response to Comments, para 156.
19 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 63. No comment.
COVENANT
64. See comment on Condition 51, noting that the covenant proposed in Condition 64 could be modified to meet the intent of both requirements.
65. No comment.
REGIONAL EARTHWORKS
66. No comment.
67. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
68. The monitoring of erosion controls is of high importance given the ever changing nature of construction sites and the sensitivity of the receiving environment. Wording to be added to end of the condition: "The erosion and sediment controls shall be inspected on a regular basis and within 24 hours of each rainstorm event (pre-storm and post-storm). A record shall be maintained of the date, time and any maintenance undertaken in association with this condition, which shall be reviewed and accepted by the SQEP on at least a monthly basis and forwarded to Team Leader, Compliance Monitoring – Central as certification that the erosion and sediment controls continue to function as intended by the Plan."26
69. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works. Content of the ChemTMP should "include but not be limited to" the listed items.
70. No comment.
71. No comment.
26 Summerset St Johns includes the following condition: "The sediment and erosion controls at the site of the works shall be inspected on a regular basis and within 24 hours of each rainstorm event that is likely to impair the function or performance of the erosion and sediment controls. A record shall be maintained of the date, time and any maintenance undertaken in association with this condition which shall be forwarded to the Council, care of the Team Leader Central Monitoring on request."
20 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 72. KNI reiterates the recommended condition that main onsite access roads are to be sealed or concreted to prevent track-out of mud and dust and reduce noise.27 We note that this will also provide better traction for trucks driving up the slope to the Kohimarama Road gate.
73. No comment.
74. No comment.
STORMWATER DIVERSION
75. No comment.
76. No comment.
DEWATERING
77. No comment.
NOTICE OF COMMENCEMENT OF DEWATERING
78. No comment.
DESIGN OF BASEMENT WALLS AND RETAINING
79. No comment.
EXCAVATION LIMIT
80. No comment.
DAMAGE AVOIDANCE
81. No comment.
EXTERNAL VISUAL INSPECTIONS DURING DEWATERING AND REPORTING
82. List of addresses to include: 27, 29, 37a, 37b, 45 John Rymer Place, and 247a and 249a Kohimarama Road. It is expected that the pre-construction condition surveys
27 Glen Innes to Tamaki Drive Shared Path Section 2 construction access road from Kohimarama Road has been completely paved to minimise erosion, track-out, and noise. It has been very effective.
21 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 will be the same as required under the CNVMP due to vibration exposure. Inspections should not be limited to external.
Condition assessment to also include pools, concrete/plaster fencing and hardscaping.
ADDITIONAL SURVEYS
83. Delete "following a complaint".
84. No comment.
CONTINGENCY ACTIONS
85. No comment.
NOTICE OF COMPLETION
86. No comment.
GROUNDWATER MAINTENANCE PROGRAM
87. No comment.
REVIEW
88. No comment.
BORE
Bore Location
89. No comment.
Bore Completion Date
90. No comment.
Bore Design, Construction, Maintenance and Record Keeping
91. No comment.
Bore Identification
22 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 92. No comment.
Information to be supplied to Council
93. No comment.
WATER TAKE AND ALLOCATION
Term of Consent
94. No comment.
Take Location
95. No comment.
Authorised Quantity
96. No comment.
Installation of Water Meter
97. No comment.
Verification of Water Meter / Device Accuracy
98. No comment.
Bore Construction for Water Level Measurements
99. No comment.
Bore Construction for Sampling
100. No comment.
Water Meter Readings
101. No comment.
Water Reporting
102. No comment.
Water Use Efficiency Report
23 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 103. No comment.
Review
104. No comment.
STREAMWORKS
STREAMWORKS MANAGEMENT
105. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
106. No comment.
107. No comment.
108. Wording must reflect that the consent holder must submit information to Council, and receive approval prior to commencing works.
Riparian planting to be considered in conjunction with landscape / screening planting along boundary of 247a & 249a Kohimarama Road, and 3a & 5 John Rymer Place.
109. No comment.
110. No comment.
111. No comment.
112. No comment.
113. No comment.
114. No comment.
115. No comment.
116. No comment.
SEASONAL RESTRICTIONS
117. No comment.
END OF CONDITIONS.
24 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021 APPENDIX A – COMPARISON OF B01 FLOOR PLANS
25 Kohi Neighbours Incorporated – Comments on Proposed Conditions – Ryman Kohimarama – 5 May 2021