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Newmarket Viaduct Protection Designation

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Newmarket Viaduct Protection Designation Notice of Requirement by Requiring Authority for Alteration of Designation D09-32 12 March 2015 Document name NZ Transport Agency NOR for Alteration to Designation D09-32 This report has been prepared for the benefit of the NZ Transport Agency (the Transport Agency). No liability is accepted by this company or any employee or sub-consultant of this company with respect to its use by any other person. This disclaimer shall apply notwithstanding that the report may be made available to other persons for an application for permission or approval or to fulfil a legal requirement. Quality Assurance Statement Prepared by: Cameron Wallace (Opus) Reviewed by: Jarrod Snowsill (Opus) Project Manager: Sarah Ho (NZTA) Approved for issue by: Paul Glucina (NZTA) 2 NZ Transport Agency NOR for Alteration to Designation D09-32 Contents 1. Introduction 1 2. NZTA Framework 5 3. Reason for the sAlteration 7 4. Description of the Existing Environment 12 5. Assessment of Alternatives 18 6. Consultation 25 7. Assessment of Environmental Effects 29 8. Notification 37 9. Statutory Assessment 39 10. Conclusion 47 11. Appendices Appendix 1 - Designation Plans Appendix 2 – Certificates of Title Appendix 3 – Designation Notation Appendix 4 – Transport Assessment Appendix 5 – Traffic Safety Assessment Appendix 6 – Vibration and Excavation Assessment Appendix 7 – Structural Assessment Appendix 8 – Wind Assessment Appendix 9 – Consultation Material Appendix 10 – Consultation Feedback Appendix 11 – Affected Parties NZ Transport Agency NOR for Alteration to Designation D09-32 Notice of Requirement for an Alteration to Designation under section 181 of the Resource Management Act 1991 (RMA) To: Auckland Council Private Bag 92300 Auckland 1141 From: NZ Transport Agency Private Bag 106602 Auckland 1143 1. The New Zealand Transport Agency gives notice of a requirement for an Alteration to a Designation: The Transport Agency gives notice to alter Designation D09-32 within the Auckland Council District Plan (Isthmus Section) 1999 (“the District Plan”). Designation D09-32 is currently noted within the District Plan as: “12.2 Metre Height Restriction, Newmarket Viaduct Area. Affecting land within 76.2 metres of centre line of Newmarket Viaduct” There are no conditions attached to the Designation. The Designation is to be altered within the District Plan to read: “Newmarket Viaduct Protection, Building Limitation and Excavation Restriction” The purpose of the Designation is to be recorded as: “ The designation is for the purpose of ensuring the safe and efficient operation of the Newmarket Viaduct (as part of State Highway 1). This enables the Transport Agency to manage land use effects which may impact on the operation, maintenance and structural integrity of the Newmarket Viaduct. The designation does not enable the NZ Transport Agency to undertake any physical works relating to the Newmarket Viaduct which is already covered under Designation A07-01B Motorway: Newmarket Viaduct Improvement Project.” As the proposed alteration does not involve any physical works, no conditions will be imposed on the Transport Agency. However, the proposed designation notation now clarifies the circumstances in which the Transport Agency’s approval for development is required under s176 of the Resource Management Act 1991 and provides advice notes to set out how actual or potential effects on the Newmarket Viaduct will be assessed. A full copy of the proposed alteration is contained within Appendix 3 of the accompanying report. 2. The site to which the alteration applies is as follows: The altered designation extends 37m north of, and 29.5m south of the Newmarket Viaduct. The Newmarket Viaduct traverses the central-southern portion of the Newmarket i NZ Transport Agency NOR for Alteration to Designation D09-32 metropolitan centre and is essentially a curved bridge spanning from an abutment north of Gillies Avenue, to an abutment adjacent to the St Mark’s Road on-ramp. At its highest point, the Viaduct sits approximately 24 metres above the ground level of Newmarket. Below and adjacent to the Newmarket Viaduct, the area subject to this alteration predominantly features a mixture of retail, large format retail, at-grade parking, automotive servicing, car-yards, medium to low-intensity residential, and recreational uses, typically ranging between 1 and 3 storeys in height. A full description of the site and surrounding environment is contained within Section 4.0 of the accompanying report. 3. The names and addresses of the owner and occupier of the land to which the alteration relates are as follows: Land Owner Area (m2) Lot 6 Deed 230 407 Broadway Ltd 357 SEC 6 SO460477 Akarana Trustee Company 380.6 SEC 6 SO460477 Akarana Trustee Company 227.9 SEC 3 SO460477 Akarana Trustee Company 3.7 SEC 4 SO460477 Akarana Trustee Company 357.8 Lot 3 DP3639 Akarana Trustee Company 421.2 Allotment 189 SBRS of Auckland A M & N J M Dalbeth 552.7 SECT 6 Allotment 190 SBRS of Auckland A M & N J M Dalbeth 4 SECT 6 Allotment 179 SBRS of Auckland Ian John McCallum 490.3 SECT 6 Lot 1 DP141667 Dilworth Trust Board 382.9 Lot 2 DP141667 Dilworth Trust Board 958.7 Allotment 52 SBRS of Auckland Dilworth Trust Board 82.4 SECT 11 Allotment 36 SBRS of Auckland Dilworth Trust Board 686.4 SECT 11 Allotment 37 SBRS of Auckland Mayakauwa, Welaratna, Webster et al. 136 SECT 11 Allotment 38 SBRS of Auckland Mayakauwa, Welaratna, Webster et al. 180.4 SECT 11 Lot 1 DP33108 Roncon Pacific Hotel 59.8 Pt Lot 2 DP33109 Roncon Pacific Hotel 770.9 Lot 1 DP209324 St Lukes Group No.2 Ltd (Scentre Group) 1113.3 Allotment 200 SBRS of Auckland St Lukes Group No.2 Ltd (Scentre Group) 121.4 SECT 6 Lot 1 DP66830 St Lukes Group No.2 Ltd (Scentre Group) 1542.9 Pt Lot 11 DP3639 St Lukes Group No.2 Ltd (Scentre Group) 167.8 Lot 7 DP3639 St Lukes Group No.2 Ltd (Scentre Group) 101.8 Lot 8 DP3639 St Lukes Group No.2 Ltd (Scentre Group) 235.2 Lot 9 DP3639 St Lukes Group No.2 Ltd (Scentre Group) 380 Lot 10 DP3639 St Lukes Group No.2 Ltd (Scentre Group) 543.1 St Lukes Group No.2 Ltd (Scentre Group) Lot 1 DP85019 281.3 & Tram Lease Ltd Lot 1 DP27123 Tram Lease Ltd & The Bagel Property Ltd 827.6 Lot 2 DP27122 Tram Lease Ltd & The Bagel Property Ltd 157.6 Section 1 SO460478 G4 Mahuru Ltd 2105.9 Allotment 33 SBRS of Auckland J N & C J Greig & J W Priestley 212.2 SECT 11 Allotment 35 SBRS of Auckland T J Dunne & Fastco Trustees Ltd 52.2 SECT 11 ii NZ Transport Agency NOR for Alteration to Designation D09-32 Allotment 41 SBRS of Auckland The Remuera Rackets Club Inc 245.7 SECT 11 North Island Main Trunk Line KiwiRail 2335.3 Pt Lot 14 DP3639 NZ Transport Agency 8.8 Pt Lot 15 DP3639 NZ Transport Agency 624.5 Pt Lot 16 DP3639 NZ Transport Agency 549.8 Lot 17 DP3639 NZ Transport Agency 636.3 Lot 1 DP26738 NZ Transport Agency 827.6 Lot 2 DP26738 NZ Transport Agency 157.6 Pt Lot 2 DP33108 NZ Transport Agency 768.6 Lot 20 DP3639 NZ Transport Agency 218.1 Lot 21 DP3639 NZ Transport Agency 54.1 Pt Lot 22 DP3639 NZ Transport Agency 40.1 Lot 1 DP383055 NZ Transport Agency 479.3 Pt Lot 2 Deed 230 NZ Transport Agency 269.2 Pt Allotment 22 SBRS of Auckland NZ Transport Agency 216.6 SECT 6 Pt Lot 4 Deed 230 NZ Transport Agency 406.8 Lot 5 Deed 230 NZ Transport Agency 436.9 Lot 7 Deed 230 NZ Transport Agency 331 Lot 8 Deed 230 NZ Transport Agency 103.5 Pt Lot 1 Deed 976 NZ Transport Agency 230.8 Pt Lot 2 Deed 976 NZ Transport Agency 619.6 Pt Lot 3 Deed 976 NZ Transport Agency 270.8 Pt Lot 12 Deed 976 NZ Transport Agency 62.3 Pt Lot 13 Deed 976 NZ Transport Agency 543.7 Pt Lot 14 Deed 976 NZ Transport Agency 407.4 Pt Lot 15 Deed 976 NZ Transport Agency 2.8 Pt Lot 2 DP33109 NZ Transport Agency 341.9 Allotment 174 SBRS of Auckland NZ Transport Agency 62.9 SECT 11 Allotment 46 SBRS of Auckland NZ Transport Agency 936.9 SECT 11 Lot 17 Deed 976 NZ Transport Agency 602.6 Section 7 SO460478 NZ Transport Agency 847.8 Section 10 SO460478 NZ Transport Agency 48.8 The proposed area to be designated has been reduced from approximately 120,000m2 to 46,000m2. The majority of this land is under the control of the Transport Agency, Auckland Transport (via the local road network) and KiwiRail. Copies of the relevant Certificates of Title and plans for the existing and proposed designation are attached within Appendix 1 of the accompanying report. 4. Alternative sites, routes and methods have been considered to the following extent: As this Project relates to an alteration of a designation under s168(2)(b) of the RMA to protect an existing, fixed public work (the Newmarket Viaduct), the consideration of alternative sites or routes was not considered necessary. As such, the assessment of alternatives was limited to a consideration of the alternative statutory methods available to meet the project objectives. These are contained within Section 5.0 of the accompanying report. The assessment of alternatives concluded that an alteration to Designation D09-32 would provide the greatest amount of certainty to the Transport Agency that it could continue to manage and operate the Newmarket Viaduct in a way which will not compromise the efficiency of the State highway network or the safety of users of that network in line with the project objectives.
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