+64 9 363 7858 www.civix.co.nz Level 1, 87 Albert St, Auckland
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23/03/2021 460-478 WEST COAST ROAD, GLEN EDEN
INTEGRATED RESIDENTIAL DEVELOPMENT AND SUBDIVISION
460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
Integrated Residential Development and Subdivision Marc 2021
Contents
1.0 INTRODUCTION ...... 6 1.1 Overview of the Application (Schedule 6 Cl 9(1)(a)) ...... 6 1.2 Mandatory documentation required by the Order in Council ...... 8 1.2.1 Property Details and AUP Notations (Schedule 6, Cl 9(1)(d)) ...... 9
2.0 BACKGROUND (Schedule 6, Cl 9, and Cl 31(1)(d)) ...... 3 2.1 Pre-application meeting with Auckland Council ...... 3 2.2 Urban Design Panel Review ...... 7
3.0 SITE, NEIGHBOURHOOD AND WIDER LOCAL ENVIRONMENT (Schedule 6 Cl 9(1)(b) ...... 8 3.1 Site and Neighbourhood ...... 8 3.2 Description of the Local Environment ...... 9
4.0 DETAILS OF ADJACENT LAND OWNERS AND OCCUPIERS (Schedule 6 Cl 9(1)(d)( i) & (ii)) ...... 12
5.0 AFFECTED OWNERS AND OCCUPIERS’ CONSULTATION (Schedule 6 Cl 10(1)(e)) ...... 14
6.0 IWI AND LOCAL BOARD CONSULTATION (Schedule 6 Cl 10(1)(e)) ...... 14 6.1 Iwi Consultation ...... 14 6.2 Local Board Consultation ...... 17
7.0 PROPOSED ACTIVITY (Schedule 6 Cl 9(1)(a)) ...... 18 7.1 Land Use Application Details ...... 18 7.1.1 Site and Architectural Design, and Urban Design ...... 18 7.1.2 Landscape Design and Visual Assessment ...... 27 7.1.3 Communal Facilities and Recreation ...... 31 7.1.4 Traffic and Access, and Parking ...... 33 7.1.5 Geotechnical Stability ...... 34 7.1.6 Earthworks ...... 35 7.1.7 Contamination ...... 35 7.1.8 Stormwater Discharges and Flooding, including overland flow paths ...... 36 7.1.9 Wastewater ...... 38 7.1.10 Water supply ...... 38 7.1.11 Ecological – Watercourse classification of the OLFP ...... 39 7.2 Subdivision Application Details ...... 39 7.2.1 SUB-A: Stage One ...... 41 7.2.2 SUB-B: Stage Two ...... 41 7.2.3 SUB-B: Stage Three ...... 41 7.2.4 SUB-B: Stage Four ...... 41 7.2.5 SUB-B: Stage 5 ...... 42 7.3 Information required in applications for subdivision (Sch 6 Cl 12) ...... 42
8.0 WHETHER THE PROJECT HELPS ACHIEVE THE PURPOSE OF THE ACT (Part 2 section 19) ...... 42 8.1 The project’s economic benefits and costs for people affected by Covid-19 (section 19(a)) ...... 42 8.2 The project’s effect on the social and cultural wellbeing of current and future generations (Cl 19(b)) ...... 44 8.3 Efficiency of process under the C19RFTCA (Cl 19(c)) ...... 44 8.4 Whether the project may result in a public benefit (Cl19(d)) ...... 45 8.4.1 (i) Employment Generation ...... 45
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8.4.2 (ii) Increasing House Supply ...... 45 8.4.3 (iii) Contributing to well-functioning urban environments ...... 46 8.4.4 (iv) Providing infrastructure in order to improve the economic, employment, and environmental outcomes, and increase productivity...... 47 8.4.5 (v) improving environmental outcomes for coastal or freshwater quality, air quality, or indigenous biodiversity ...... 48 8.4.6 (vi) Minimising Waste ...... 48 8.4.7 (vii) contributing to New Zealand’s efforts to mitigate climate change and transition more quickly to a low-emissions economy (in terms of reducing New Zealand’s net emissions of greenhouse gases): ...... 49 8.4.8 (viii) Promoting the protection of historic heritage ...... 50 8.4.9 (ix) strengthening environmental, economic, and social resilience, in terms of managing the risks from natural hazards and the effects of climate change: ...... 51 8.5 Whether There is Potential for the Project to Have Significant Adverse Environmental Effects, Including Greenhouse Gas Emissions: (Cl 19(e)) ...... 51 8.6 Any Other Matter That the Minister Considers Relevant: (Cl 19(f)) ...... 51
9.0 AUCKLAND UNITARY PLAN – REASONS FOR CONSENT (SCHEDULE 6 CL 9(1)(a) ...... 51 9.1 Reasons for Consent ...... 51 9.2 Overall activity status ...... 53
10.0 ASSESSMENT OF EFFECTS ON THE ENVIRONMENT – Schedule 6 Cl 9(4), 10 & 11...... 53 10.1 Matters to be Considered...... 53 10.2 Assessment of Effects Conclusion ...... 67
11.0 STATUTORY DOCUMENTS Schedule 6 Cl 9(2)& (3) ...... 67 11.1 National Environmental Standards ...... 69 11.1.1 The National Environmental Standard for Air Quality 2014 ...... 69 11.1.2 National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NESCS) ...... 70 11.1.3 National Environmental Standards for Freshwater ...... 71 11.2 National Policy Statements ...... 71 11.2.1 National Policy Statement on Urban Development ...... 71 11.2.2 The National Policy Statement for Freshwater Management 2020 (NPSFWM) ...... 73 11.2.3 New Zealand Coastal Policy Statement 2011 (NCPS 2011) ...... 74 11.3 Auckland Regional Policy Statement ...... 74 11.3.1 B2 Urban Growth and Form– Regional Objectives | Policies ...... 75 11.3.2 B10 Environmental Risk ...... 76 11.4 Auckland Unitary Plan Operative in Part ...... 76 11.4.1 H3.2 and H3.3 – Single House Zone: Objectives | Policies ...... 76 11.4.2 E8 Stormwater Discharges: Objectives | Policies | Assessment Criteria ...... 77 11.4.3 E36 Piping an overland flow path : Objectives | Policies | Assessment Criteria...... 80 11.4.4 E27 Traffic : Objectives | Policies | Assessment Criteria ...... 82 11.4.5 E38 Subdivision: Objectives | Policies | Assessment Criteria ...... 83 11.5 A planning document recognised by a relevant iwi authority and lodged with a local authority ...... 85 11.5.1 Ngāti Whātua o Ōrākei Trust Board ...... 87 11.5.2 Te Kawerau Iwi Settlement Trust ...... 88 11.5.3 Ngāti Tamaoho Trust ...... 89 11.5.4 Ngāti Tamaterā Treaty Settlement Trust ...... 89 11.5.5 Te Rūnanga o Ngāti Whātua ...... 89 11.5.6 Te Ākitai Waiohua Iwi Authority ...... 89
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11.5.7 Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua ...... 89 11.5.8 Te Whakakitenga o Waikato Incorporated ...... 89 11.6 Assessment Summary ...... 90
12.0 Proposed Conditions of Consent (Schedule 6 Cl 9(1)(j) & 35(2) & (3)) ...... 90
13.0 Schedule 6 Cl 32(1) & (2) and S104D RMA – Non-complying Activity Effects and Objectives and Policies 91
14.0 TREATY SETTLEMENTS Schedule 6 Cl 9(1)(i) ...... 92 14.1 Te Kawerau ā Maki Act Claims Settlement Act 2015 (“TKAM Settlement Act”) ...... 92 14.2 Ngāti Whātua Ōrākei Claims Settlement Act 2012 (“NWO Settlement Act”)...... 95 14.3 Ngāti Tamaoho Claims Settlement Act 2018 (“NT Settlement Act”) ...... 96 14.4 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (“NMWTM Redress Act”) ...... 98
15.0 PART 2 PURPOSE AND PRINCIPLES OF THE RMA – Schedule 6 Cl(9)(1)(g) ...... 98 15.1 Section 5 ...... 98 15.2 Section 6 ...... 99 15.3 Section 7 ...... 99 15.4 Section 8 ...... 99
16.0 CONCLUSION ...... 99
Appendices Appendix 1: Approval from Kiwibuild Appendix 2: Architectural Plans Appendix 3: Iwi consultation emails and letter of support from Te Kawerau ā Maki Appendix 4: Records of title Appendix 5: Sales and purchase agreement with landowners Appendix 6: Auckland Council pre-application meeting minutes Appendix 7: Legal opinion regarding the activity status of Integrated Residential Developments – Berry Simons Appendix 8: Leisure assessment summary Appendix 9: Auckland Council Urban Design Panel recommendations Appendix 10: Watercourse classification memo Appendix 11: Engineering Infrastructure Report Appendix 12: Traffic Impact Assessment Appendix 13: Adjacent landowners and occupiers names and addresses Appendix 14: Consultation letter to adjacent landowners and occupiers, affidavit of service and contact details obtained Appendix 15: Consultation emails with the Waitakere Ranges Local Board Appendix 16: Subdivision and staging scheme plans Appendix 17: Landscape plans Appendix 18: Urban Design Statement – Ian Munro Appendix 19: Landscape Visual Assessment Appendix 20: Geotechnical Impact Assessment
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Appendix 21: Proposed conditions of consent Appendix 22: Ngāti Tamaoho Deed of Settlement attachments Appendix 23: Detailed site investigation report and remediation action plan Appendix 24: Economic commentary – Urban Economics Appendix 25: Letters from Hero International and GJ Gardner Homes Ltd Appendix 26: Te Kawerau ā Maki Deed of Settlements Appendix 27: Decisions regarding other Integrated Residential Developments Appendix 28: Email from Christian Brown (Auckland Council) dated 19 March 2021
Document Control Record Document Issue No: Author: Reviewed By: Date: 01 Lance Hessell – Senior Planner Nick Mattison – Director 23/03/21
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1.0 INTRODUCTION
1.1 Overview of the Application (Schedule 6 Cl 9(1)(a))
CPM 2019 Ltd (the “Applicant” or “CPM”) has authorised Civix to seek resource consent for an Integrated Residential Development (IRD) and freehold subdivision of the site known as the Nola Estate in the Single House Zone (SHZ) of the Auckland Unitary Plan Operative in Part (AUPOIP). An IRD is defined in the AUPOIP as:
Integrated residential development A residential development on sites greater than 2,000m2 which includes supporting communal facilities such as recreation and leisure facilities, supported residential care, welfare and medical facilities (inclusive of hospital care), and other non-residential activities accessory to the primary residential use. For the avoidance of doubt this would include a retirement village.
The Nola Estate project has been scheduled in the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020. As a result, the Applicant can apply to an Expert Consenting Panel (ECP) for a fast-track resource consent.
The Applicant confirms that the consent application complies with Schedule 6, clause 3(1) of the COVID-19 Recovery (Fast-track Consenting) Act 2020 (C19RFTCA) as this application relates solely to the Nola Estate project, does not breach Schedule 6, clause 2(3)(c) or (4), and contains all the information required under Schedule 6, clauses 9 to 13.
The Project is an affordable housing focussed IRD for 246 dwellings, of which 148 are Kiwibuild (the approval from Kiwibuild is included in Appendix 1) with the remaining 98 dwellings being sold on the open market. The dwellings are a mix of two, three, and four-bedroom typologies, within two or three storeys as described below in detail in Section 7.1.1. Also included in the development area is a commercial node incorporating a café and retail outlets, a local community centre, and communal reserves and recreational facilities.
In recognition of the site’s location in the SHZ, some core development controls of the SHZ have been applied to guide an acceptable level of built form effect such as coverage, building height, impervious areas, and height in relation to boundary at the interface with existing residential sites. This is discussed in detail below in Section 10– Assessment of Effects on the Environment. It is relevant that the SHZ rules do not specify any development standards for the activity of an IRD. However, it is considered good planning practice to acknowledge the key development controls to assist with responding to an acceptable scale and scope of effect in the SHZ.
The application is proposed to proceed in five stages to assist with efficient development and sales, and to assist funding streams. These stages are described in detail below in Section 7.2.
The application architectural plans are included in Appendix 2, and the proposal is described in detail below in Section 7.1.1. Applications for earthworks, dewatering, and contamination have been submitted to Auckland Council (the Council) under separate resource consent application BUN60368786, and further information has been sought from the Council regarding the earthworks. The Applicant is currently responded to that request for further information, noting that no further information has been requested with regard to contamination.
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The activity status for an IRD is Discretionary under SHZ Rule H3.4.1(A9) of the AUP, and the activity status for subdivision in accordance with an approved land use consent is Restricted Discretionary under Rule E38.4.2(A14) of the AUP.
It is noted that within the application is a ‘commercial node’ consisting of three 100m2 shops, a 100m2 café, and a 100m2 community centre. While there is some rationale that these activities could fall within the definition of an IRD which includes provision of supporting communal facilities such as recreation and leisure facilities, and other non-residential activities accessory to the primary residential use, we have erred on the side of caution and included these activities as separate reasons for consent. These are identified with the corresponding activity status below. In addition to this application for an IRD and associated freehold subdivision, there are consents required for: • New buildings as a Discretionary Activity under Rule H3.4.1(A36) • Stormwater discharges as a Discretionary Activity under Rule E8.4.1(A10) for discharges from impervious areas exceeding 5,000m2 • There are five traffic and parking infringements relating to this proposal as set out in Section 9.1 including: • New vehicle crossing to a vehicle access restriction road (West Coast Road is shown as an arterial road on the Council GIS) as a Restricted Discretionary Activity under Rule E27.4.1(A5). • Number of parking spaces not complying with Standard E27.6.2.4 (T46) requiring one park per dwelling – with a four car park shortfall this is a Restricted Discretionary Activity under Rule E27.4.1(A2). • A loading bay is required for the residential development which has more than 5,000m2 GFA and none is provided being a Restricted Discretionary Activity under Standard E27.6.2.7 and Rule E27.4.1(A2). • Traffic generation from more that 100 new dwellings this is a Restricted Discretionary Activity under Standard E27.6.1 and Rule E27.4.1(A2). • Reverse manouevring onto JOAL’s serving more than four lots is a restricted discretionary activity under Standard E27.6.3.4 and Rule E27.4.1(A2). • Café with 100m2 GFA as a Discretionary Activity under Rule H3.4.1(A16) • Three separate retail outlets of 100m2 GFA each as a Non-complying Activity under Rule H3.4.1(A1) • A community centre of 100m2 GFA as a Discretionary Activity under Rule H3.4.1(A23) Detailed descriptions of all consents required and the associated objectives and policies, assessment criteria, and assessment of effects under the Fourth Schedule of the Resource Management Act 1991 are set out below in Sections 9 and 11.
The overall activity status is Non-complying but only by virtue of the three proposed retail outlets. It is noted that a dairy of up to 100m2 GFA is a restricted discretionary activity in the SHZ.
Consultation with iwi and the local board has occurred throughout the process, and details of this are included in Section 6.1 below, and a written letter of support has been provided from
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Te Kawerau ā Maki included in Appendix 3.
The proposal has been carefully designed to provide for intensive residential housing supply of high quality aimed at the affordable market in a location close to public transport, schools, retail, recreational open space areas and other services, without any significant adverse effects on the receiving environment.
The application is described fully within this Assessment of Environmental Effects (AEE). The assessment demonstrates that any adverse effects on the environment associated with this proposal are less than minor. In fact, the proposal results in a net environmental positive effect through the supply of additional affordable housing being of significant importance for Auckland and New Zealand generally.
The proposal aligns with relevant objectives and policies and satisfies relevant assessment criteria of the AUP, and aligns with the National Policy Statement for Urban Development (NPSUD) and Part 2 of the RMA.
The proposal also supports the purpose of the C19RFTCA for the following reasons:
• Provision of affordable housing in a catchment currently undersupplied for the price points available;
• Provision of additional housing stock in response to the housing supply shortage in Auckland, assisting to address the associated adverse social and well-being effects;
• The creation of employment opportunities in the construction sector;
• An estimated $82.9 million GDP contribution as a consequence of the increase in employment opportunities;
• Spin-off economic effects to the local retail sector;
• Provision of additional safe and high amenity recreational reserve areas available for public use;
• Associated upgrades of local infrastructure; and
• Funding provided for wider infrastructure and reserve benefits by way of development contributions.
It is therefore considered that the ECP can consent to the application.
1.2 Mandatory documentation required by the Order in Council
Schedule 12 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 specifies that CPM must include the following with its application: • an integrated transport assessment. This can be found at Appendix 12; • a stormwater assessment. This can be found within the infrastructure assessment at Appendix 11; • an infrastructure assessment. This can be found at Appendix 11. Please note that the
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Infrastructure Report is not just the 25 page pdf report, it includes all of the associated drawings and appendices totalling 549 pages. See index below.
• a Traffic Impact Assessment. This can be found at Appendix 12; • an urban design assessment. This can be found at Appendix 18; and • a landscape and visual assessment. This can be found at Appendix 19.
1.2.1 Property Details and AUP Notations (Schedule 6, Cl 9(1)(d))
We note the following site details and Auckland Unitary Plan – Operative in Part (Updated 9 October 2020) (the “AUP”) notations that are relevant:
Table 1: Relevant Site Details and Notations
Site Address: 460 – 478 West Coast Road & 317 to 345 Glengarry Road
Legal Descriptions: NA29A/231, Lot 22 Deposited Plan 19309, 345 Glengarry Road NA29A/232, Lot 23 Deposited Plan 19309, 478 West Coast Road NA29A/233, Lot 24 Deposited Plan 19309, 476 West Coast Road NA29A/234, Lot 25 Deposited Plan 19309, 472 West Coast Road NA29A/235, Lot 26 Deposited Plan 19309, 474 West Coast Road NA29A/236, Lot 27 Deposited Plan 19309, 468 West Coast Road NA29A/237, Lot 28 Deposited Plan 19309, 470 West Coast Road
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NA35A/1265, Lot 30 Deposited Plan 19309, 464 West Coast Road NA35A/1266, Lot 31 Deposited Plan 19309, 462 West Coast Road NA35A/1267, Lot 32 Deposited Plan 19309, 460 West Coast Road NA35A/1268, Lot 35 Deposited Plan 19309, 343 Glengarry Road NA35A/1269, Lot 36 Deposited Plan 19309, 341 Glengarry Road NA35A/1270, Lot 37 Deposited Plan 19309, 329-335 Glengarry Road NA35A/1271, Lot 38 Deposited Plan 19309, 325-327 Glengarry Road NA35A/1272, Lot 39 Deposited Plan 19309, 321-323 Glengarry Road NA35A/1273, Lot 40 Deposited Plan 19309, 317-319 Glengarry Road The records of tittle are included in Appendix 4
Site Area: 4.3ha
District Plan: Auckland Unitary Plan – Operative in Part
Zoning: Residential – Single House Zone
Overlays: -
Controls: Controls: Macroinvertebrate Community Index – Urban
Treaty Settlement Area – Te Kawerau ā Maki Statutory Acknowledgement Area Statutory Acknowledgement Area
There are two different owners. Nola Holdings Limited owns most of the land, but Lot 2 DP 155993 (NA93A/900) is separately owned by John Terrence Burley as executor of the estate of Brian Joseph Nola. CPM 2019 Ltd have a sales and purchase agreement (Appendix 5) with the landowners to purchase all the land subject to this application.
2.0 BACKGROUND (Schedule 6, Cl 9, and Cl 31(1)(d))
2.1 Pre-application meeting with Auckland Council
The Applicant attended a pre-application meeting with Auckland Council on 9 September 2020 to gain their feedback. This meeting was only in relation to the initial design (Rev 06) which was also submitted to the Ministry for the Environment (“MFE”) for pre-application feedback (Rev10, discussed below, was developed following the Council’s feedback). A copy of the Council’s version of the pre-application meeting minutes is included as Appendix 6, though many of the comments are post-meeting comments.
It is understood that the Council were not supportive of the development for the following key reasons, and that the development would be publicly notified:
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• Whether the proposal met the definition of an IRD; • Whether the overall scale and intensity of the development was compatible with the zone; and • Any development in the SHZ involving more than one dwelling per lot is a non-complying activity (which Auckland Council considers applies irrespective of the provision for IRDs as a discretionary activity). There were also various other technical queries regarding road widths, layout (north facing lots), roundabouts vs traffic lights, flooding overlays, potential contamination.
As a result of feedback from engagement with the Council the applicant had identified changes it could make to its IRD proposal through an iterative design and feedback process. These amendments resulted in design Rev10. Rev10 comprised a reduction of units down to 248, and a smaller local Commercial Centre, but with a greater extent of communal facilities. Feedback from the Council on Rev10 was not obtained, but Rev10 was the basis for the next round of amendments to the plans in preparation for the Auckland Urban Design Panel review to follow.
CPM did not see that this disagreement about the details of the design should prevent this project from being approved for fast tracking. In this regard the Council’s concern that the density of the development is too high for the SHZ appears to be more of an instinctive reaction rather than an informed assessment and does not relate to whether an ECP could grant consent because even if the Council is correct it would only change the activity status to non- complying (not prohibited). More specifically:
• The reason that an IRD is listed as an activity distinct from the activity of a dwelling is that it allows for a higher density of development than conventional subdivision.
• A legal opinion confirming that the proposal meets the AUP definition of IRD is included as Appendix 7, along with a planning analysis confirming that it provides considerably more communal space and facilities than other IRDs which the Council has granted consent to. The Applicant’s proposal has extensive support from urban design, planning and landscape specialists. Further, the proposal has support from a specialist in recreation and leisure space included in Appendix 8.
• While the Applicant and the Council may have different views about what elements are needed for a development to be considered an IRD, the reality is that this is a residentially zoned 4.3ha site in Auckland capable of enabling a large-scale development. Ultimately, whether the application meets the definition of an IRD can be addressed before the ECP.
• As a result of its zoning the site, if developed as a conventional subdivision, is capable of being developed into 106 dwellings (houses and minor dwellings combined) (discussed further below in Section 10.1(a) (Assessment of Effects on the Environment), which would result in similar GFA and coverage figures to the proposed IRD but with greatly reduced number of bedrooms. A plan of this is included in Drawing Number 00-13 in Appendix 2. More specifically:
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Conventional IRD (Nola Estate) Change subdivision GFA 18,770m2 (residential) 17,597m2 (residential) Decrease: 100m2 (café) 300m2 (commercial units) 773m2 1002 community centre -4.1% less GFA than a Total: 18,770m2 Total: 17,997m2 conventional subdivision GFA Building Coverage 10,485m2 (residential) 9,343m2 (residential) Decrease: 100m2 (café) 300m2 (commercial units) 742m2 less 1002 community centre 93% of a conventional Total: 10,485m2 Total: 9,743m2 subdivision building coverage Dwellings 106 246 140 additional dwellings. 132% increase in dwellings. Bedrooms 468 674 206 or 44% increase in bedroom; residential living capacity People (maximum Master bedrooms: Master bedrooms: 346 additional people, or occupancy) 106 dwellings x 2 246 dwellings x 2 people: 60% increase in people: 106 x 2 = 212 246 x 2 = 492 residential capacity.
Other bedrooms: 1 Other bedrooms: 1 person person for every for every additional additional bedroom: bedroom:
468 total bedrooms -106 674 total bedrooms - 246 master bedrooms: master bedrooms: 468-106 = 362): 674 – 246 = 428):
Total: Total: 212 492 + 362 + 428 = 574 = 920 Affordability No affordable dwellings Approximately 148 Kiwibuild 200+ additional units. affordable dwellings, Additionally, open market compared to a units are expected to sell for conventional subdivision. affordable prices.
• In light of the above analysis, the Applicant disagrees with the Council’s concerns about the scale and intensity of the development. In part the very purpose of IRDs is to enable optimal development of large residentially zoned sites such as this one.
• The details about the design, layout and intensity of the proposed IRD and their alignment with the policies of the SHZ are most appropriately determined by the ECP pursuant to clauses 11 and 31 of Schedule 6 to the C19RFTCA.
• While a conventional subdivision could still meet the criteria for fast tracking as it would achieve many of the employment outcomes identified, none of the dwellings would be priced in the affordable range.
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It is also notable that while the Council raised concerns about the scale and intensity of this project, it compares quite favourably to the scale and intensity of development of IRDs granted consent by the Council. While we do not know all of the IRDs that Auckland Council has consented under the AUP, the following section provides a comparison between the Nola Estate and a small subsection of IRDs (where consent was granted) that we are aware of. Inevitably, there will be more examples of granted IRDs across Auckland. The comparison consents are included as Appendix 27.
Consent Nola Estate R/LUC/2015/1280, BUN20427979 LUC60070192 Summerset Villages (St R/REG/2015/1281 and Johns) Limited v R/REG/2015/1282 Auckland Council [2019] NZEnvC 173
Date granted N/A 12 January 2016 16 October 2017 19 April 2018 1 November 2019 Consent N/A The BeGroup New Malibu Investments Coastal Properties Summerset Villages (St holder Zealand Limited Ltd Ltd Johns) Limited Site address 460 to 478 West Coast 14 Rangitoto Ave, 387 and 389 23-35 Annalise Place 188 St Johns Road, Road (excluding 466 Remuera Hibiscus Coast and 488 and 495C Auckland West Coast Road) and Highway, Orewa Hibiscus Coast 317 to 345 Glengarry Highway, Orewa Road, Glen Eden Site size (m2) 43,000 6,052 3,851 11,523 26,000 Building 9,743 3,820 1,666.27 5,025.6 10,350 coverage (m2) Building 22.7 63.2 43.3 43.6 39.8 coverage (%) GFA (m2) 17,597 10,141 4,209.12 15,538 25,655.46 GFA 400 731 NIL 727 1,325 communal space internal (m2) GFA 2,133 (two reserve 226 596 1,105 (Bowling 6,279 communal areas) and 716 (three (external lawn area) (accessible green and (external grounds and space additional grassed landscaped area) accessible outdoor paths), plus 513 external areas) landscape area plus (bowling green) (m2) decks) Maximum 9.5m 11.26m 14.2m 17.9m 20.95m height Maximum Single House Zone: 8m Single House Zone: 8m Single House Zone: Mixed Housing Mixed Housing height of + 1m roof + 1m roof 8m + 1m roof Urban Zone: 11m + Suburban Zone: 8m + zone Mixed Housing Mixed Housing 1m roof 1m roof Suburban Zone: 8m + Suburban Zone: 8m 1m roof + 1m roof
Importantly the Council’s feedback highlights that it seems inevitable that this application would be subject to full public notification and extensive delays in processing. The consultant planner providing feedback from the pre-application meeting stated “Having regard to the likely notification assessment, based on the information to hand, Council considers that the application would be likely to be publicly notified.”
In particular, the Council has emphasised that the recent changes to the RMA mean that both discretionary and non-complying activities can be publicly notified, so (in their view) it does not matter much whether the proposal is classified as a IRD or not.
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2.2 Urban Design Panel Review
In order to assist the application design aspects, and to ensure the design could at least satisfy the Council in urban design terms, the proposal was placed before the Auckland Urban Design Panel which had assessed the version of plans dated 15 October 2020. This had included more detail of the proposal including the commercial node and updated recreational reserves areas. The Plan of this is shown below in Figure 1.
The recommendations from the Urban Design Panel are included in Appendix 9. Essentially, the Panel supports idea of providing affordable housing and greater density but had noted several design issues requiring resolution. In summary these included: • Form around edges – specifically; • West Coast Road Frontage regarding private open space sizes fronting West Coast Road and the length and repetitive nature of building frontages. • Glengarry Road - Concerns around the length and repetitive nature of building frontages. • Southern boundary - there could be advantages engaging with Panuku who owns the land (stopped road) in this location with a view to integrating with this land. • Eastern edge – repetitive nature of building frontages.
• Heights and typologies – the Panel supported increased heights (i.e., higher than proposed) toward the centre of the site, with a range of different typologies to create variation of heights throughout the development.
• Articulation and length of terrace blocks – the Applicant’s desire to address the issue of articulation and block length was supported, in addition to a range of architectural responses to take advantage of the underlying topography.
• Landscaping – The Panel acknowledged that landscaping can assist to break up bulk and mass and integration of the proposal into the existing SHZ environment.
• Overland flow path – The Panel suggested there was an opportunity to make a feature of the overland flow path as part of the landscape package to reinforce retention of the only natural feature on the site.
• Commercial space – The Panel considered that should the location of the commercial node not be possible in its current location, it would support relocating this to the corner of West Coast Road and Glengarry Road. As can be seen from the final architectural and landscape plans submitted with this application, these suggestions have played an integral role in the final form of the proposal in terms of breaking up building blocks, re-orientation of the blocks along West Coast Road, higher units centrally located, and landscaping along the road frontages and internally. It is noted that the overland flow path is to be piped, however, as identified in the Watercourse Classification in Appendix 10 and the Infrastructure Report in Appendix 11, this is a poor-quality ephemeral flow path in part, with parts of this already piped. Further, the piping of this ephemeral flow path enables the best practicable options in terms of stormwater management.
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Figure 1: Plan submitted to the Urban Design Panel
3.0 SITE, NEIGHBOURHOOD AND WIDER LOCAL ENVIRONMENT (Schedule 6 Cl 9(1)(b)
3.1 Site and Neighbourhood The site consists of several parcels as set out above in Table 1 and as illustrated in the aerial image of the site below in Figure 2, which also identifies services, contours, and overland flow paths.
Most of the site has been used as an orchard with associated packing sheds, and retail area. It also contains several dwellings located at No.s 466, 466A, 470, 474, and 476 West Coast Road, and 345 Glengarry Road. Vegetation on the site is mainly orchard trees and crop fruit such as strawberries, and a mix of mainly exotic tree species.
An overland flow path crosses the site running from the low area at the western boundary at Glengarry Road, toward West Coast Road to the north-east as shown below in Figure 2. This overland flowpath has been assessed by Bioresearches as an ephemeral flow path as detailed in the Watercourse Classification report in Appendix 10. This concludes that any works within or near this overland flow path are a permitted activity under Rule E3.4.1(A53) of the AUP.
Access to the current properties is obtained via existing vehicle crossings off West Coast Road, and Glengarry Road.
The land slopes gently from the southern boundary toward the overland flow path, and then rises gently to the north toward West Coast Road.
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The site is located within the suburban neighbourhood of Glen Eden, being primarily residential, and is surrounded by residential sites mostly in the order of 430m2 to 530m2 with some smaller sites in the order of 215m2 to 299m2 (flats and apartments at 450 West Coast Road), and larger sites on the western side of Glengarry Road in the order of 1,000m2.
A café and dairy are located in a small commercial node at the front of the site at West Coast Road.
Overall, the immediate surrounding character to the east and south is more intense than what might be expected should the surrounds consist of typical 600m2 sites under standard SHZ subdivision standards, noting also the proximity to land with higher intensity zoning located to the east (Mixed Housing Suburban Zone) and north (Terraced Housing and Apartments Zone and Mixed Housing Urban Zone) described further below with regard to the local environment.
The site and neighbourhood is shown below in Figure 2. Figure 2: Location of the site and associated features
3.2 Description of the Local Environment The local environment consists of a mix of residential dwelling typologies and densities, commercial and recreational services and facilities, and transport services commensurate with a typical metropolitan environment, with a high standard of services and amenity provided in this location to support the residential population.
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Parrs Park is located to the north on the opposite side of West Coast Road, and there are several schools (including Oratia Primary and Bruce McLaren Intermediate), retail outlets, medical centres, public transport, and other recreational facilities within a radius of 1km of the site, as shown below in Figure 4.
Public transport options include local bus services and two options for train park and ride.
The closest bus stops to the site are located immediately north of the site on West Coast Road. From these stops Routes 152 and 154 provide a link between New Lynn and Henderson via Glen Eden and operate generally on a half-hourly frequency during weekdays and an hourly frequency at the weekends.
Bus stops are provided immediately east of the West Coast Road roundabout junction for Route 151X providing an express link to the city centre. This is a peak hour only service on a frequency of 15 to 30 minutes Monday to Friday. Figure 3 below shows the bus routes in relation to the site (also included in the Appendix 12 Traffic Impact Assessment). Figure 3: Glen Eden Public Transport Routes
Sunnyvale Train Station with Park and Ride is approximately 1.5 kilometres north of the site providing for the Western line between Swanson and Britomart via Glen Eden, New Lynn, Avondale and Newmarket. It operates every ten minutes on weekdays during peak commute hours and 20 minutes outside of peak commute hours and on weekends and public holidays. This is only a 15-minute walk or a 6-minute bike ride.
The Glen Eden Rail Park and Ride and Commercial Centre are only a 20-minute walk or 8- minute bike ride approximately 2km to the east along West Coast Road. This is shown in Figure 4 noting this is the nearest significant commercial and retail centre to the site.
Therefore, the site is considered accessible to public transportation.
The surrounding urban zones of the location are SHZ, Mixed Housing Suburban Zone, Mixed Housing Urban Zone, and Light Industrial Zone. These zones establish a mix of medium to high intensity character for the area, noting:
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• the smaller lot sizes in the SHZ around the subject site (described above); • the intensive development of the site some 162m to the east at Albionvale Road off West Coast Road in the Mixed Housing Suburban Zone, and also at Seymour Road to the north being Mixed Housing Urban Zone and Terraced Housing and Apartments Zone; and • the Mixed Housing Urban Zone some 375m to the north of the site along Seymour Road. The zones established in the wider area surrounding the site are shown below in Figure 5.
This medium to higher intensity-built form attributable to these zones and existing development in the SHZ are to some degree mitigated by the significant recreational open space and reserve network in this location, including Parrs Park across the Road from the site.
Adding to recreational amenity are several sporting facilities, including the Waterhole Swimming Centre, Oratia Bowling Club, Waitemata Table Tennis Club, Vertical Adventures Indoor Climbing, and others.
Figure 4: Services in the vicinity of the site
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Figure 5: The site and surrounding zones
4.0 DETAILS OF ADJACENT LAND OWNERS AND OCCUPIERS (Schedule 6 Cl 9(1)(d)( i) & (ii)) The following responds to the requirements under Schedule 6 Cl9(d)(1)(i) & (ii) to provide the full name and address of:
(i) each owner of the site of land adjacent to the site; and (ii) each occupier of the site and of land adjacent to the site who, after reasonable enquiry, is able to be identified by the consent applicant.
These parties have been identified in accordance with the guidelines provided under the EPA’s “Identifying Adjacent Land” guidelines dated 15 October 2020.
The adjacent land comprising 32 lots has been identified as shown below in Figures 6 and 7.
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Figure 6: Identified Adjacent Land Areas
Figure 7: Identified Adjacent Neighbours
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A full schedule of the names and addresses of the adjacent landowners and occupiers is included in Appendix 13.
It is noted that not all the details of the occupiers of identified adjacent land could be provided, as many did not respond to efforts made to contact these people for their details. In this regard, we note that Schedule 6 Cl9(1)(d)(ii) requires these be provided after “reasonable enquiry” likely in recognition of the fact that it is not always possible to obtain such information.
In order to best demonstrate “reasonable enquiry” we had attempted to obtain the details of these parties through a letter drop containing a planning summary and key application plans, along with an invite to view full documents should they wish (the letter along with an affidavit of service and the contact details of owners and occupiers we have obtained is included in Appendix 14).
Therefore, any missing details of occupants of adjacent land is because the Applicant was unable to obtain these after a reasonable enquiry process. It is appreciated that there may be later responses to letter drops and, so, should any further details of occupiers become available, we will supply this to the ECP without delay.
5.0 AFFECTED OWNERS AND OCCUPIERS’ CONSULTATION (Schedule 6 Cl 10(1)(e)) There is a planning rationale that the adjacent landowners and occupiers are not adversely affected as the Assessment of Effects on the Environment below in Section 10 identifies that the proposal has effects no worse than and likely better than a proposal complying with an alternative standard subdivision of the site with sites of 600m2 – of which the effects are considered to be less than minor. However, it is considered appropriate to include opportunity for consultation within the process used to identify landowners and occupants, therefore the letters posted to those persons identified above in Section 5 include a copy of the Masterplan with an invite to contact Lance Hessell (Civix planner and author of this Report) for more documents if required, and to discuss the proposal in detail.
The letters to adjacent landowners / occupiers were posted on 26 February 2021 because the application was being finalised with design tweaks to accommodate best design outcomes including engineering design requirements. It is intended to update the EPA and ECP with the results of any consultation communications as these arise.
In relation to the feedback received from the adjacent owners / occupiers, CPM has reviewed its plans and expert advice. All of the concerns raised have been thoroughly analysed in the project team’s expert reports (and multiple (10+) iterations of development design). CPM has concluded that no design changes to the development are needed. This is recorded in the consultation schedule at Appendix 14.
6.0 IWI AND LOCAL BOARD CONSULTATION (Schedule 6 Cl 10(1)(e))
6.1 Iwi Consultation The site is located within the Te Kawerau ā Maki Statutory Acknowledgement Area.
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Consultation with iwi has been undertaken over two main phases relating to the application to the Minister for the Environment for acceptance to the Fast-Track process and subsequent consultation to support this application.
Consultation for acceptance to the Fast-Track process
Consultation was initiated with details sent to mana whenua identified by the Council for this location. The emails and information provided is included in Appendix 3. Of the nine iwi with interest in the area identified by the Council, they either did not respond or deferred to Te Kawerau ā Maki (TKM) noting that this location is within the TKM Statutory Acknowledgement Area.
An on-site meeting with TKM took place on Wednesday 9 September 2020, and several follow up emails and phone calls were made since then to obtain feedback, with an email response provided on 28 October 2020, expressing the following:
Thank you for the recent site visit to your proposed development. While the development on paper looks relatively straight forward, this is the first instance where I have dealt with a ‘fast tracked’ resource consent application due to Covid-19.
Subsequently, while the plans you showed me were high-level in design, I can provide some comments in response also at a high-level.
Soil: It was discussed that the soil may need to be remediated in some parts due to the current horticultural nature of the onsite. TKaM request that we are kept up to date regarding the future testing for soil contaminants. TKaM also advocate that soil be retained on-site where practicably possible due to it’s mauri (life-force/giving) properties.
Stormwater: A small overland flow runs through the centre of the site. It is possible that this will be a discharge point for stormwater runoff from impermeable and hard surfaces. TKaM advocate that stormwater is treated to the max possible, rather than the baseline requirements for a resource consent. TKaM further advocate that each house has a rain- capture tank installed that will help with longterm sustainability, especially during climate change and periods of drought.
Vegetation: TKaM advocate for exclusive use of native eco-sourced vegetation throughout the development.
Please keep me up to date regarding progress of this development.
Consultation under the application to the Environmental Protection Authority
A further round of consultation was undertaken with iwi in preparation for this application to the EPA. This consisted of a further round of emails to iwi with interests in the area, also including those identified in the Ministry for the Environment’s s 17 report and the Order in Council (Hoani Waititi Marae and Ngāti Te Ata Claims Support Whānau Trust), informing them that the Order in Council approving the application for processing under the Fast Track Act had issued and seeking meetings or discussions with them regarding the application.
The details of this latest round of consultation (February 2021) are set out in Appendix 3. All iwi groups who have responded to the February 2021 consultation on this application have
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We have not received any response from the following iwi authorities, despite several attempts to contact them via email: • Ngāti Tamaterā Treaty Settlement Trust • Te Ākitai Waiohua Iwi Authority • Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua • Ngāti Te Ata Claims Support Whānau Trust • Whenua Haumi Roroa o Tamaki Makaurau Limited Partnership • Tūpuna Taonga o Tāmaki Makaurau Trust.
Eynon Delamere, chair of the Hoani Waititi Marae responded to our correspondence confirming that the marae we will not be completing a CIA for the project and that it defers to mana whenua.
Since the earlier response from TKM in late 2020 (i.e. prior to the current application as described above), there has been several iterations to design in response to urban design reviews and also engineering and traffic requirements. The application design had progressed to a stage where it is now resolved.
Further, information regarding soil contamination and remediation had become available, and the application process with the MFE had proceeded to a point where more detail around this could be described to TKM. Accordingly, it was considered appropriate to contact TKM again with an update on information available and to advise on the application progress and process. Emails were sent to Scott Lomas on 22 and 25 January 2021 with follow up phone messages describing the information available and supplying contamination and landscape information.
It was noted that Scott Lomas had left TKM, and we were advised to contact Robin Taua- Gordon. A meeting was held with Robin on 3 February 2021 and TKM advised that it had no significant concerns with the proposal, noting:
• The lack of significant items or features of cultural or historical value on the site or surrounds. • The land has been substantially modified over many years by the horticultural activity occurring over it. • There are no significant watercourses to be impacted, and the proposal includes stormwater treatment for the roads and private JOAL’s. • The presence of soil contamination and the need for remediation of this.
It was further discussed with Robin Taua-Gordon that it would be appreciated if recognition of values to TKM was appropriately given, including: • The need to apply the appropriate cultural and heritage discovery protocols as consent conditions in case of discovery during site works. • An interest in the outcomes of any further contamination investigations, noting that TKM advocate any healthy soil to remain on site in recognition of the Mauri (life force) associated with this. • The need to adequately control stormwater discharges with regard to treatment and water quality.
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• That where possible, appropriate eco-sourced native species be used in the landscaping plan and retention of any native species where possible, including fruit bearing trees to support native biodiversity of the area. • That all proper precautions be taken to not disturb natural habitats of flora and fauna.
We had agreed to accommodate these matters as best practicable, and keep TKM updated with the application.
We had also discussed that it would be good to recognise the iwi connection with the site through provision of some appropriately scaled and designed landscape items and inclusion of street names reflecting iwi affiliations with the land. Helen Mellsop (landscape architect) has since been discussing this directly with Robin and will include some cultural heritage aspects into the landscape plan.
Appropriate recognition in street names will also be applied.
The above two items (landscape elements and street names) can be ensured via conditions of consent.
Finally, the EPA’s requirement of a Cultural Impact Assessment was discussed with Robin Taua- Gordon, however, she advised she did not consider this proposal warrants this, so has instead provided a written statement dated 10 February 2021 addressing the above matters, and this is included in Appendix 3.
Separate application for earthworks (BUN60368786)
Also relevant to iwi consultation is the earthworks and contamination application currently being processed under BUN60368786. The application was sent to the same iwi groups for comment under the Council’s facilitation service, and no response from any iwi was received including TKM. However, it is relevant that the discussions held with Robin Taua-Gordon and information provided incorporates the earthworks and contamination aspects of the application and so the earthworks and contamination application has been considered in terms of consultation matters with TKM.
6.2 Local Board Consultation In preparation for the initial application to the MFE for approval for consideration under the Fast-Track process, we had sent an email with attached details of the application to the Waitakere Ranges Local Board on 18 August 2020 as included in Appendix 15, and a follow up email was sent and a phone message left to seek a response.
We received an email from Elizabeth Stuart from the Board looking to meet on 3 September 2020, and we suggested an alternative time due to other commitments. We received a further email from Brett Lane from the Local Board advising that the approach the Board was taking was to wait until the Minister approached the Council for feedback so that a coordinated response from the Board together with the Council could be provided at that time.
No further comment or feedback from the Board has been sought since that email correspondence.
We received a copy of the Council’s feedback to MFE dated 27 November 2011 which included 17 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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at comments from Linda Cooper, Waitakere Ward Councillor (Enclosure C). The comments acknowledged that the additional housing was needed and that the site is “walkable or a short bus ride to the Sunnyvale and Glen Eden train stations.” The comments noted that it was, “Good to see provision for open space, a commercial centre and a community centre.” and addressed concerns of other board members that there is a perceived lack of open space by stating that the site is across the road from the large Parrs Park.
The comments included concerns relating to traffic effects and congestion on the local roading network. These have been addressed by the applicant in its traffic impact assessment (Appendix 12)
Overall, the Local Board feedback was broadly positive.
7.0 PROPOSED ACTIVITY (Schedule 6 Cl 9(1)(a))
7.1 Land Use Application Details The proposal is for an IRD and associated freehold subdivision to create 246 dwellings, consisting of several typologies as described below in detail, with 148 to be Kiwibuild and 98 to be on the open market. It is proposed to stage the development and subdivision over five stages to assist efficiency in development, and also to assist early release of titles so that sales can issue as quickly as possible in order to house people as soon as possible and to also assist funding streams for the development.
Application architectural plans and details are included in the plan set in Appendix 2 which also includes details of parking provision, housing typologies, access and staging.
The subdivision plans are included in Appendix 16 and the proposed staging is described further below in Section 7.2.
The landscape plans are included in Appendix 17.
The architectural and landscape designs are described in more detail below.
7.1.1 Site and Architectural Design, and Urban Design Site Layout and Dwelling Typologies The site area of 4.3ha is to be developed and subdivided in five stages with several terraced housing blocks and a commercial node located at the north-western corner of the site fronting West Coast Road. The design of the site has been subjected to a high degree of architectural and urban design review, including the Applicant’s own urban design expert (Ian Munro) as well as feedback provided by the Council’s Urban Design Panel (UDP), as discussed above in Section 2.2. The UDP was supportive of the proposal to provide additional affordable housing and greater density of development, subject to some design amendments which have mostly been accommodated in the final site layout and housing typologies. Included in the recommendations was an option for further intensification by way of providing increased heights (meaning up to four levels) closer to the centre of the site to create variation of heights throughout the development. The final Master Plan is considered by Ian Munro to achieve a high standard of urban design
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Integrated Residential Development and Subdivision Marc 2021 as set out in this Urban Design Statement in Appendix 18. This concludes that the design achieves this high standard stating: a. The Site is in my opinion well-suited for, and meets the AUP:OP definition of Integrated Residential Development. In urban design terms it has all of the elements I would expect to see, including a generous provision of communal facilities. b. The subdivision layout of streets, blocks and open spaces is consistent with what I regard as best-practice, and will be safe, efficient, convenient and accessible now and over the long-term. Provision of new public streets to open-up the site is superior in urban design terms to the alternative of Joint Owned Access Lots, and is particularly supported. c. The subdivision layout of streets, blocks and open spaces reflects and will enhance the key natural drainage feature that contributes to local character and amenity values, as well as the site’s underlying landform patterns. d. The development will be of a notably higher density than exists in the surrounding environment but which will not be markedly out of place if considered against the maximum net-density that could occur via permitted activities on most adjoining residential sites. The scale and intensity proposed will be acceptable due to the architectural design of the external terraced house perimeter buildings and associated internal placement of greatest intensity within the Site. Landscaping will also help to reinforce a residential and suburban-character. e. The development will provide acceptable amenity within the Site, for adjoining sites, and the street. In my opinion the proposal will have urban design benefits on the two street frontages and the new internal streets by way of maximising the qualities of activation and passive surveillance, and the general strategy of internalising vehicular parking and servicing activities within blocks away from the street and public view. f. An appropriate range of non-residential activities have been provided that will support the Integrated Residential Development and provide local benefits to the neighbourhood. g. The proposal will result in a number of positive and adverse urban design effects on the environment. Adverse urban design effects will be less than minor in relation to all of the matters above except for neighbourhood character and amenity values. Despite being mitigated by way of high-quality architectural design, minor adverse effects are likely as a result of the scale of terraced houses proposed around the Site perimeter. h. Overall, the proposal is a successful urban design response to the Site and its context. The principal issue raised is the tension between the scale of development typically described in the Single House zone provisions and the enablement of Integrated Residential Development within that zone. In that respect I consider an acceptably compatible ‘fit’ has been achieved specifically through the way that the Site’s external terraced house perimeter buildings have been designed in a way that visually emphasises what will stand out as a scale and rhythm of 2-storey buildings relating to detached housing common in the neighbourhood (and the internalisation of larger buildings behind these within the Site).
The Master Plan layout incorporates elements providing: • High quality recreational and commercial space to serve the site’s residents (and the
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public with regard to the commercial node) as discussed further below in Section 7.1.3. • Landscape planting and treatments complementing and softening the built form of the dwellings, other buildings, and roads, and the recreational facilities in the community recreational open space areas. • Roading and infrastructure to provide safe and efficient roading, parking and access, and civil infrastructure including stormwater treatment. • Mitigation measures at the site’s interface with West Coast Road and Glengarry Road, and also to the adjoining residential properties. Such measures include: • Separating three level dwellings from adjoining residential sites, and iternalising these, while also providing variation of built form. • Splitting dwelling blocks into sections along the boundaries in order to provide visual relief and openness to adjacent sites. • Landscape treatment utilizing larger species at the external interface road frontages of West Coast Road and Glengarry Road.
The Master Plan shows the overall site layout, and this is shown below in Figure 8 and included in Appendix 2.
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Figure 8: The Master Plan
The site and locations and descriptions of building typologies including the buildings in the commercial node are shown in Appendix 2 and below in Figure 9.
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Figure 9: Site and Building Typologies
The schedule of each typology is shown in the application Key Plan in Drawing Number 00-10 in Appendix 2, and the Schedule is as shown below in Figure 10.
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Figure 10: Building Typologies
Dwelling Elevations Elevations of the proposed dwellings are shown in street elevations in Drawing Numbers 20- 01 to 20-06, and examples of materials and façade elevations are included in Drawing Numbers 20-07 to 20-11 in the Architectural Plans in Appendix 2. The design responses to these elevations have incorporated feedback from the applicant’s urban designer (Ian Munro) as well as the Council’s UPD as discussed above. Accordingly, there is variation in height, roof form, façade treatments, materials, and colour as described in more detail in the Urban Design Statement included in Appendix 18. The elevation typologies are shown below in Figures 11 to 15. There are too many street elevations to include below, but these elevation typologies provide examples of the variations and architectural quality achieved.
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Figure 11: Elevation and Material and Colour Typologies
Figure 12: Elevation and Material and Colour Typologies
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Figure 13: Elevation and Material and Colour Typologies
Figure 14: Elevation and Material and Colour Typologies
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Figure 15: Elevation and Material and Colour Typologies
Commercial Node and Community Centre Elevations The commercial node consists of a 100m2 café, three 100m2 retail outlets, and a 100m2 community centre as illustrated above. The retail outlet uses are yet to be determined, however it is envisaged one of the users will be a greengrocer (which aligns with the historical use of the site as an orchard).
The design of these buildings is intended to complement but not dominate the surrounding proposed and existing residential uses, while enhancing and supporting residential owners and occupiers, which will in turn support these commercial activities. Accordingly, these buildings are kept to a single level and each one is only 100m2 GFA.
These are illustrated in Drawing Number 30-08 in the Architectural Plan set in Appendix 2 and shown below in Figure 16.
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Figure 16: Commercial Buildings Elevations
Note: The retail uses described do not reflect what is proposed, they reflect the signage envisaged to complete the visual representation.
Road layout
The proposed road layout design is a result of a combination of urban design and traffic requirements, enabling the proposed built bocks within the site to avoid extensive lengths of built form adjacent to existing and proposed roads, and to enable appropriate orientation for outdoor living space and landscaping, while also providing for safe access and efficient parking and access within the site.
The roads consist of seven private JOAL’s with the public road sections of appropriate widths in accordance with the Auckland Transport’s Design Manual. Further details of the road network and traffic effects of this are described below in Section 7.1.4.
7.1.2 Landscape Design and Visual Assessment Landscape Design Landscape design for the proposal has responded to the density provided and has been prepared throughout the design process in an integrated manner with the other design inputs and considerations including architectural design, urban design, traffic and road design, engineering requirements (including overland flow path considerations), and the incorporation of some cultural elements included in the hard landscape elements resulting from discussion with TKM. The Landscape Plan, Strategy, Materials Pallett, and Planting Schedule are included in Appendix 17. The Landscape Strategy is intended to achieve three main outcomes: 1. Providing a high level of amenity for streets, lanes and parking areas through the use of
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street trees, strategically placed street gardens, high quality street furniture, and varied pavement materials. Landscape treatments encourage a low-speed environment that is safe and welcoming for pedestrians and cyclists; 2. Providing attractive, accessible and usable open space areas for neighbourhood use and visual relief. The main internal reserve (about 1,700m2) accommodates a preschool/junior play area, with an emphasis on natural play, shaded seating, barbeque and gathering areas, a multi-use games area (MUGA), and open lawns for informal recreation. This park, together with the linear park to the west, also provides walking/cycling links through the development. More intensive three-storey residential units will have the amenity benefits of adjoining and overlooking these open spaces. Smaller pocket parks provide space for large growing trees, indigenous vegetation and passive recreation, with potential for a neighbourhood-led community garden east of the main reserve. The café and surrounding open space in the north-east of the development forms a community focus, accessible by foot and bicycle from the neighbourhood and from Parrs Park. The outdoor area of the café will include some play elements. The neighbourhood parks will not duplicate the recreational facilities at Parrs Park, directly north of the new neighbourhood across West Coast Road – the facilities within Parrs Park include a destination playground, skatepark, swimming pool, basketball courts, adult exercise equipment, extensive walking circuits, and sports fields. 3. Providing vegetation to soften and integrate the new dwellings, particularly when viewed from existing and proposed streets and adjoining residential areas, and to enhance privacy for outdoor living areas. The Materials Palette is described in detail in the Appendix 17 Landscape Plan set, and this essentially takes its guidance from the historic use of the site for horticulture, and from the native bush context of the Waitakere Ranges foothills. The hardscape materials and street park furniture have been chosen for durability and long- term ease of maintenance, with emphasis on unmodified natural materials such as timber, metal and aggregates. Where feasible, permeable surfaces will be used to minimize stormwater runoff. More details of the proposed hardscape materials are set out in Appendix 17. The Plant Palette is included in Appendix 17 and is informed by the historic horticultural use of the site and the wider Oratia area for orcharding, and from the native bush context of the Waitakere Ranges foothills. In addition to the specimen trees shown, fruit trees will be used in parks where appropriate. Amenity and raingarden planting will comprise hardy, easy to maintain species, with an emphasis on indigenous species endemic to the original ecosystems of the Oratia Stream Valley. The proposed play recreation areas will include soft, low planting of hardy native species, and shade provided by evergreen and deciduous trees. Play space concept images are included in the Appendix 17 plan set. The Landscape Plan Overview and Indicative Individual Lot Landscape Concepts are shown below in Figures 17 to 19 noting more detail is illustrated in the plans in Appendix 17.
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The applicant has included a condition in its proposed landuse conditions of consent (Appendix 21) which requires the consent holder to engage with those iwi who have expressed a wish to participate in the design process. That condition reads as follows: “11. In preparing the landscape design, the consent holder shall engage with those iwi who have expressed a wish to participate in the design process and seek to incorporate appropriate design elements relating to play space design, an art piece and/or street names, insofar as is reasonably practicable.”
Figure 17: Landscape Plan Overview
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Figure 18: Indicative Individual Lot Landscape Concepts
Figure 19: Indicative Individual Lot Landscape Concepts
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Landscape and Visual Assessment A Landscape and Visual Assessment (LVA) has been completed and is included in Appendix 19. This assesses the proposed development in the context of its location and in terms of the proposed design and built form impacts on the location. The LVA concludes that: • The proposal would result in an obvious change within the landscape; however, this change results in either positive or very low to low adverse effects on visual amenity from most vantage points outside the site. • Adverse visual amenity effects on residents and users of Glengarry Road adjacent to the application site are likely to be moderate in extent, but similar adverse effects (moderate to low) are also likely to result from development that complied with all provisions of the SHZ. • Development will not be visually dominant from any adjoining sites. • The proposal would maintain the key attributes that contribute to the values of the Glen Eden west landscape. • Adverse effects on the perceived character and values of the landscape would be low in magnitude and would be principally related to the reduction in a sense of relative quietness and connection with natural features present in some areas of the landscape. • Overall, it is considered that the adverse effects of the Nola Estate residential neighbourhood on landscape and visual amenity values would be acceptable within the receiving environment.
7.1.3 Communal Facilities and Recreation An integral component of an Integrated Residential Development is the provision of high quality communal facilities to provide amenity for the residents in a higher intensity development. This has been achieved in this development through the provision of mixed use recreational open space reserves, and buildings within a commercial node (Café, retail, and community hall) all of which support this new community but also add further services to the wider neighbourhood – mainly regarding the commercial node.
The proposal includes privately owned recreation reserve areas totalling 2,849m2 consisting of: • A passive landscape reserve area of 280m2 located adjacent to West Coast Road and Blocks G & H (Lot 501). • A passive recreation reserve area of 285m2 to the east of Block M (Lot 502). • A passive recreation reserve of 545m2 running from West Coast Road leading to the other reserve areas (Lot 503). • A central open play reserve area, Multi Use Games Area (MUGA), and playground and barbeque areas of 1,588m2 located centrally in the site and adjacent to the other main recreation reserve areas (Lot 504). • A community orchard area of 151m2 located across from the central reserves and the MUGA (Lot 505). • Several other passive landscaped reserve areas with paths within the subdivision between blocks
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These reserve areas will be maintained via a resident’s association or similar body and the main central reserves will be accessible to the public. The reserve areas are to be landscaped to a high standard providing a high level of amenity for users. The provision of these facilities improves environmental outcomes by providing a development which provides a high level of amenity to users and improves the amenity of the surrounding area. The recreational spaces have been developed as high-quality useable spaces for a variety of users of varying ages, with guidance for these spaces provided by Visitor Solutions in its assessment report “Nola Estate Leisure Assessment Summary” dated 21 October 2020, included in Appendix 8. This assessment examines the demographic characteristics of the location to assist an understanding of the types of recreational uses that would be most appropriate on this site and makes recommendations for design and uses based on this and the proposed housing typologies and density.
The Executive Summary of this Assessment concludes that:
The current concept has undergone several iterations to arrive at an optimised plan. We believe this concept reflects best practice in functional community leisure and recreational planning. Additional fine tuning will be undertaken in future, more detailed, design stages to further maximise community recreation and leisure benefits. For example, as the MUGA, community space, and potential community garden is conceptualised in greater detail.
These refinements have now been completed and it is considered that these spaces contribute significantly to the recreational and amenity well-being of the future residents in this development. The exception to this is that spaces for community gardens have not been possible to provide.
The proposed use components of the recreational spaces are described in detail in Section 4.1 of the Appendix 8 report, and consist of:
• An informal grass active recreation area of approximately 850m2 to accommodate a range of informal activities such as ball and frisbee play etc. • A youth playground with adjoining adult fitness equipment. • A multi-use games area (MUGA) to serve informal active ball sports play for older youth and adults, such as basketball and cricket. • Two barbeque areas (with permanent barbeque areas and tables) developed to serve groups using the recreational facilities at the same time. One will primarily serve the MUGA and playground, while the other will serve the grass active area and playground. One of these will be covered to enable use during inclement weather. • Walking and passive leisure. The recreational space design includes multiple footpaths, plantings, and passive resting areas offering a pleasant walking environment, which is complimented by the low-speed traffic network. These features are likely to be particularly attractive to older adults and younger families. • In addition to the recreational open spaces is a community centre within the commercial node, which can serve as a bookable multi-purpose community space for meetings and functions. At 100m2 this is sufficient for meeting most resident’s needs (providing for up to 60 people in a seated meeting configuration), craft activities (up to 25 people seated around tables) and parent/child active play groups (20 – 30 individuals).
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7.1.4 Traffic and Access, and Parking The effects both within the site and to the surrounding road network have been assessed and described in the Traffic Impact Assessment (TIA) included in Appendix 12. In summary, this assesses the proposal in terms of function and safety effects on the surrounding road network and also within the site, including assessment against the AUP standards for roading, access, and parking. In terms of AUP infringements, there are five of these which are described and assessed below in Section 9.1 – Reasons for Consent, Section 10 – Assessment of Effects on the Environment, and Section 11 – Relevant Statutory Documents. These include: • New vehicle crossing to a vehicle access restriction road (West Coast Road is shown as an arterial road on the Council GIS); • Number of parking spaces not complying with Standard E27.6.2.4 (T46) requiring one park per dwelling – with a four car park shortfall; • A loading bay is required for the residential development which has more than 5,000m2 GFA and none is provided for this; • Traffic generation from more than 100 new dwellings; and • Reverse manoeuvring onto JOAL’s serving more than four lots. The proposal includes a network of new public roads and pedestrian accessways are also proposed to provide access to each of the activities from the wider road network. Intersections will be formed onto West Coast Road (one) and Glengarry Road (two). They are designed to meet the requirements of Auckland Transport’s Transport Design Manual (TDM) and AUSTROADS. Other elements that form part of the proposal include a series of enhancements that are identified as mitigation of effects or to address drainage, and streetscape requirements. The applicant expects to discuss them in more detail with the relevant stakeholders including Auckland Transport and as part of any conditions imposed on any consents and engineering approvals. This will allow these measures to be refined appropriately and implemented in an integrated manner with other enhancements/mitigations in the area. These measures include: • New footpaths, street trees, vehicle crossings and street furniture within the road berms; and • Traffic calming and pedestrian and cycling enhancement measures throughout the project area including side islands, intersection controls, signage and pram ramps. The residential activity has a mix of two-bedroom, three-bedroom, and four-bedroom terraced houses. Almost all of these houses are provided with a single parking space all located with commonly owned lanes, except for four units located in the open market area of the proposal – being Units T13 to T16. In total, 291 car parking spaces will be formed for residential and public use (including visitor parking) and there are a further 12 parks provided for the commercial node. Of these parks, 242 are for private residential use and are allocated to units (noting that all Kiwibuild units will have allocated parking), 45 parks are located on the street for public parking, and there are four additional visitor car parks located in private JOAL’s (3 in Zone A and 1 in Zone C). While there is a shortfall of four private residential car parks, it is noted that the National Policy Statement on Urban Development aims to reduce dependence on personal vehicles and
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reduce further obstructions for further residential development, requiring consideration when assessing the impact of any parking shortfalls. As part of the commercial activity three units are proposed with gross floor areas of 100m2 each. The café and community centre will also each have a gross floor area of 100m2, all of which are expected to be primarily ancillary to the proposed residential activity on site. A parking area has been provided for the commercial and café activities with 12 parking spaces. The TIA concludes that: • The estimated peak traffic generation of the proposal is likely to be about 187 and 202 vehicle movements per hour during morning and evening peak periods. • The traffic generated by the proposal to and from the site can be accommodated on the road network with no significant impact on junction performance. • The proposed internal vehicle and pedestrian circulating areas are configured to an appropriate standard and will operate in a manner that minimises any potential impacts on safety. • A review of the transport standards has identified five items which require consent under the E27 standards of the Auckland Unitary Plan which have been addressed in this report concluding that the potential adverse effects arising from these infringements will be no more than minor on the operation and safety of the surrounding road network. • Each access and on-site parking areas have been designed to a suitable standard to meet the needs of the design of vehicles visiting the site such that these infringements will not have an adverse effect on the surrounding road network, or to the safety of pedestrians and vehicles using the site. Overall, it is considered that the traffic engineering effects of the proposal can be accommodated on the road network without compromising its function, capacity or safety. Therefore, from a traffic engineering perspective it is considered that the proposal will have less than a minor impact.
7.1.5 Geotechnical Stability ENGEO has completed a Geotechnical Investigation Report (GIR) and this is included in Appendix 20. This was supplied in support of the earthworks and contamination application to the Council and is included here as this is relevant to this application also.
The GIR states that the site is underlain by Puketoka Formation Alluvium Soils as described in Section 4.1 – Ground Conditions. Areas of pre-existing fill are also present, varying in nature and extent across the site, but generally encountered within the central and north-western portions of the site.
Topsoil is encountered at most locations ranging from 0.1m to 0.4m below ground level. Buried topsoil was located in borehole HA09 at 0.9m depth.
Groundwater was encountered at depths ranging from 1m to 3.2m below ground level across the site. Long term groundwater monitoring is recommended once earthworks plans have been prepared, required for excavations greater than 1m in height. Dewatering, earthworks, and contamination are all being separately assessed under application BUN60368786 currently with Auckland Council.
Section 4.1 (Seismic Site Subsoil Class) of the GIR notes that eight CPT tests were undertaken extending to approximately 22m below ground level, and that they did not meet refusal at
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uniform depths that might indicate the presence of a rock or transition layer. Thus – the Soil Classification of “Class D Deep Soils” is applied in line with NZS 1170.5.2004. Section 5.1 of the GIR – Building Foundations, considers that building platforms for all blocks except K, W, X and Q are suitable for conventional two-three storey lightweight timber framed residential units supported on shallow foundations. Blocks K, W, X, and Q can be founded on waffle or rib-raft foundations. Given the above, there is no requirement for rock breaking, so the proposed works can comply with conditions of consent for construction noise and vibration in accordance with the AUP Rules E25.6.27 – Construction Noise, and E25.6.30 – Vibration, and this is recommended as a condition of consent in Appendix 21. Section 5.5 of the GIR addresses slope stability and concludes that the site in its current state is at low risk with regard to slope instability.
7.1.6 Earthworks Consent for earthworks to establish site and road levels and to prepare for services (i.e., horizontal site works) has already been applied for with the Council under BUN60368786 and this is at the stage of responding to requests for further information. Included in BUN60368786 is an application for contamination remediation (noting that this aspect of the application is not subject to any requests for information) as well as an application for dewatering. The earthworks relating to BUN60368786 essentially addresses earthworks activities in relation to the proposal. The earthworks application report, s 92 RMA responses to date, and the associated earthworks plans are included in Appendix B to the Infrastructure Report in Appendix 11.
7.1.7 Contamination As referred above, it is noted that with regard to this application, the contamination provisions under the AUP relate to the disturbance of contaminated soil and this is already being assessed under application BUN60368786 currently lodged with the Council, noting there have been no further information requests sought regarding contamination. For the current land use and subdivision application, the contamination application required relates to change in use and subdivision under the NES for soil contamination addressed below in Section 7.1 – Reasons for consent, and the subsequent assessments of that. A detailed Site Investigation Report (DSI) and a Remediation Action Plan (RAP) has been prepared to assess the extent of contamination and provide appropriate methods to remediate the soil prior to any works, subdivision or use of the site. These are included in Appendix 23. The RAP sets out remediation measures to ensure contaminated materials are handled and disposed of without risk of discharge. Such measures include: • Safety induction for all staff, contractors, and visitors. • Establishment of emergency procedures. • Fencing of works areas. • Pre-site works discussions to determine the setting up of clean and dirty areas. • Setting up of silt fences, stabilised entrances, and vehicle cleaning facilities – ensuring 35 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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wastewater from this remains on site and is controlled. • Inspections of stormwater control measures on a daily basis and after significant rain events. • Control of dust through limiting vehicle movements, use of a water truck to dampen surfaces, covering stockpiles with plastic if required. • Control measures in case of odour. • Disposal of contaminated materials to the appropriate disposal site. • Importation of cleanfill only. • If asbestos is discovered that exceed trace levels, then works in that area will be undertaken by a Class B or Class A contractor as required, with notification to Auckland Council and WorkSafe in advance of the earthworks in that area. • Contingency measures – in case of unidentified additional contamination during works, the works shall cease in that area while a suitably qualified specialist assesses the risk and advises on the appropriate measures to adopt. In order to ensure the development and subdivision of the land is not affected by contamination, conditions of consent are applied to ensure that a Site Validation Report (SVR) is provided prior to approval to a S224C certificate. The method for contamination remediation is to remediate the entire site prior to earthworks, and the provide SVR’s for each stage of earthworks once completed. Accordingly, the SVR’s will likely already be supplied at the time of approval to the application for the IRD.
7.1.8 Stormwater Discharges and Flooding, including overland flow paths Stormwater Discharges Stormwater discharges and proposed design and management of these is set out in the engineering infrastructure report (IR) at Appendix 11. Stormwater management includes the use of raingardens in public roads and Stormfilter systems in private JOAL’s to control contaminants to maintain water quality. For smaller JOAL areas less than 300m2 catchpit inserts such as Enviropods will be used. Stormwater servicing for the development is readily available by extending the existing piped infrastructure located either within the site or within the site frontage along West Coast Road. All stormwater flows ultimately discharge into the public piped stormwater network and subsequently the local stream located north of West Coast Road adjacent to Parrs Park. All JOAL’s will have a private stormwater detention tank system which is connected from either the catchpit or stormfilter and outlets to the nearest downstream manhole. Various detention tank sizes have been chosen depending on their catchment area. All tanks have been sized to cater for the 10yr ARI incl CC storm event to mitigate post development flows back to pre- development flows. All dwellings will have separate stormwater detention and retention systems proposed. Aquacombs which are installed within the foundation of the dwelling are preferred, however underground stormwater tanks may be specified if space allows. 100-year detention is required due to capacity constraints based on the Council’s GIS information. Calculations for all tank sizes as shown in the appendices of the IR confirm that this additional detention has been achieved. While underground detention of the 100 year ARI storm event is not preferred due to estimated blockages, additional catchpits have been
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Integrated Residential Development and Subdivision Marc 2021 specified in the JOAL areas as a safeguard to potential blockages. A stormwater capacity assessment based on maximum probable development and climate change was undertaken for the downstream stormwater network (shown on drawing 1450) and found the downstream network to have capacity for the catchment it serves in the 10yr ARI event. All proposed public pipes have been sized to cater for the 10yr ARI including climate change based on the Auckland Council rainfall maps. Details on stormwater capacity has been provided in the stormwater capacity assessments appended in the Appendix 11 IR. Stormwater management has also taken into account flood management and this is described below. In preparing the stormwater designs we have considered the Auckland Council feedback to MfE dated 27 November 2020 and in particular the report from Mark Iszard, Growth and Development Manager, Healthy Waters dated 19 November 2020. It is anticipated that conditions of consent will require a stormwater management plan and private stormwater infrastructure be properly operated and maintained. In terms of the need to address the Council’s network discharge consent, as explained in more detail below: • The proposed conditions of consent require that a stormwater management plan be prepared and implemented; • The stormwater design includes both retention and detention which, in effect, retains the natural hydrology as far as possible; • Treatment of stormwater is provided through features such as raingardens, storm-filter systems and enviropods. • The stormwater design appropriately caters for both the 1% ARI and the 10% ARI flows. Downstream pipes have capacity for the 10%ARI; • The site does not have a stream or significant ecological areas which need to be protected, but it does have an overland flow path which needs to be provided for (and is provided for). The requirement to include these considerations is included in the S224c Compliance Conditions of Subdivision Consent in Appendix 21.
Flood analysis The IR sets out the effects of the proposal on flood characteristics of the site, and refers to the flood modelling methodology included in Appendix E of the IR at Appendix 11. The proposal has been modelled using the Tuflow modelling package and is completed via ARCGIS Pro. The flood analysis shows that the proposed flows through the site are managed safely with proposed dwellings having a minimum of 500mm freeboard above the estimated flood level. Flood flows are constrained to shared walkways, roadways and parks, and avoid private dwellings in most locations. Adjustments to road levels on the site improve the flood levels upstream of the site. These upstream flood levels are predicted to fall from 40.30m RL to 40.21, RL with the proposed modifications which lowers the risk on adjacent properties. Flood depths are below 200mm across most of the road cross section to avoid floating cars during flood events. In order to maintain pre-development flood levels to the downstream environment, 100 year peak flow mitigation is proposed. The result is a reduction in upstream flood levels and no increase in downstream flood levels
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from the development.
Overland Flow Path The overland flow path (OLFP) is shown above in Figure 2. This is to be piped over the land as described in the IR in Appendix 11. The OLFP will retain the same entry and exit point, and traverses land within the site consisting of open space recreation areas being landscaped as shown on the landscape plan. This essentially becomes part of the site’s stormwater and flood management infrastructure discussed above. The OLFP has been assessed as having negligible ecological value as discussed below regarding the watercourse classification.
7.1.9 Wastewater Wastewater is available to serve the subdivision as set out in the IR included in Appendix 11. The development site is split into two main catchment areas which ultimately join at existing wastewater manhole 446883 as shown on Auckland Council Geomaps. Details of the proposed wastewater mains are specified in Section 7.1 of the Appendix IR. The southern portion of the site (Stages 2, 4) is proposed to connect into existing manhole 446886 located on the neighbouring property 446A West Coast Road (as shown on Council Geomaps). It is our preferred option to connect a new 150mm uPVC SN16 Wastewater pipe into this manhole to facilitate stages 2, 4 of the development as it is located very close to the development boundary. Right of entry will need to be sought and a neighbours agreement formed prior to making the connection to this manhole. CPM proposes to address this by way of conditions, providing either that existing assets are upgraded or that a wastewater pump station is constructed. An assessment of the wastewater capacity of the public network was undertaken to determine the ability of the current network to accommodate the additional capacity from the proposed 246 dwellings, three retail outlets, and café, and it was determined that with there is sufficient capacity in the public network to accommodate the proposal subject to some local upgrades. In preparing the wastewater designs we have considered the feedback to Civix dated 12 October 2020 and to the MfE dated 23 November 2020 from Amir Karimi, Development Engineer, Watercare (refer to Appendix C of the IR at Appendix 11). Wastewater demand has been assessed for the development and is set out in the drawings (drawing 1650) and attachments to the IR report, and most of the downstream network has been assessed for the purpose of sizing on site and local infrastructure needs. Necessary surveys which have not been completed have been commissioned and will be finished shortly in order to enable completion of the capacity sizing and design.
7.1.10 Water supply Water supply is detailed in Section 8 of the IR in Appendix 11. Water supply can be provided to the development by connecting to the existing networks located along West Coast Road and Glengarry Road. In preparing the water supply designs we have considered the Auckland Council feedback to the Minister for the Environment dated 27 November 2020 and in particular the report from Amir Karimi, Development Engineer, Watercare dated 23 November 2020. Civix engaged with Watercare early in the design process to determine any necessary upgrades 38 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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and undertook fire hydrant testing to confirm existing flow pressures. Water demand has been assessed for the development and has been designed to cater for firefighting requirements and includes a looped element. These factors specifically address matters identified by Mr Karimi. Watercare has requested the developer to upgrade the existing infrastructure along West Coast Road to a 200mm ID Watermain and remove the existing 100mm ID asbestos concrete main. This has been allowed for and is shown on the Water Supply drawings. Initial fire hydrant testing on nearby lines by Nova flowtec services ltd confirmed a minimum existing flow pressure of approximately 800KPa and maximum of 1020KPa which is utilised in the design model to confirm water pressures within the development site are sufficient to meet FW3 requirements. A copy of these readings has been appended to the IR. Pipeline diameters of 200mm, 150mm, 100mm and 63mm are proposed within the development site along public roads with 25mm lot connections to be provided for each dwelling either from these mains or via bulk meter connection at the entrance to each JOAL. 25mm lot connections provided for each residential dwelling either serviced directly from the main line or via water meter banks within the JOAL areas. 32mm lot connections have been provided for the commercial lots. Fire hydrants have been provided throughout the development located on minimum size 100mm ID watermains and valves have been designed in appropriate locations in accordance with current WSL CoP requirements. All Watermain road/pavement crossings will be a minimum 900mm depth and backfilled with GAP40 material.
7.1.11 Ecological – Watercourse classification of the OLFP There are no streams within the site, noting that the overland flow path is assessed under the Watercourse Classification assessment of Bioresearches included in Appendix 10. This concludes that the overland flow path includes several stormwater pipe inlets, and the alignment runs through a series of stormwater pipes and open channels before joining the Waikumete Stream, which joins the Oratia Stream leading to the marine environment approximately 4.5km downstream of the site.
The watercourse evaluation concludes that the overland flow path is defined as an ephemeral flow path, and that it complies with the permitted activity standards for activities undertaken in, on, or over the bed of an ephemeral stream under Rule E3.4.1(A53) of the Auckland Unitary Plan.
7.2 Subdivision Application Details
The proposed dwellings and associated COAL’s (commonly owned access lots, more usually known as Joint Owned Access Lots or JOALs) and carparks are to be subdivided to enable freehold subdivision for the dwellings. The COALs will include recreation areas and the community centre. Additionally, the commercial node and parking will also be subdivided.
The subdivision has been split into five stages within two packages of subdivision consents (SUB-A and SUB-B-E) to enable works to proceed as efficiently as possible and to free up sections of the development to the market as quickly as possible.
The two packages of subdivision consents consisting of:
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1. SUB-A for Stage One (housing, most of the recreational areas and most of the roads) and which creates the four super lots which each have their own subdivision consent. 2. Four subdivision consents, one for each of the subsequent stages which may be undertaken in parallel: SUB-B for Stage Two SUB-C for Stage Three SUB-D for Stage Four SUB-E for Stage Five).
It is proposed that Stages 4 and 5 (SUB-D and SUB-E) do not commence for 12 months to allow time for bulk earthworks (which is subject to a Council consent), Stages 1-3 and the building foundations and framing within Stages four and five to be completed. This is because the housing typology means that all buildings other than the cafe will have at least one common/party wall and these walls need to be in place and surveyed prior to obtaining a S223 Certificate. It is unlikely that the last two stages will have been constructed to the point of framing within 2 years.
Stages Two to Five provide for successive detailed subdivision development for titles within that stage, mostly housing but also the balance of recreational areas and in the case of SUB-E the balance of the roading network and the commercial node (which includes the community centre). The land use consent contains a covenant which requires the entire land holding to be developed in accordance with the land-use consent, so there is confidence that the staging of the subdivision aspect will not undermine the integrated development of the site.
While the proposed staging plan shown illustrates the full development lots, the subdivision will proceed as described below, and included in the subdivision scheme plans in Appendix 16. In order to provide flexibility in subdivision and titles, conditions of consent for Stages Two to Five (SUB-B – SUB-E) provide for any order of staging to be completed provided the necessary S224c works and conditions are completed and complied with. Stage 1 (SUB-A) has to be undertaken in advance of any of these other stages and it locks in the ownership and management structure for the entire site.
An easement and allocation schedule will support the subdivision scheme plans, including allocation of car parks for units.
It is intended to complete all works and titles within the prescribed lapse date of two years under the C19RFTCA, however, if this is not achievable due to unforeseen delays, it will be necessary to apply to the Council for an extension of the lapse period under S125(1A)(b) of the RMA.
The proposed staging is shown below in the overall staging plan in Figure 20 and in Appendix 16.
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Figure 20: Overall Staging Plan
7.2.1 SUB-A: Stage One Stage One (red) consists of an area of 17,317m2 and contains 70 lots and allocated car parks within JOAL’s. Most of the road network will also be constructed at this stage to assist access and construction and to provide services to the resultant superlots. The road from West Coast Road will also be formed for the purpose of providing construction access, but this will not be completed and vested until Stage Five. Stage One also includes the main reserve areas including the reserve from West Coast Road, the open space reserve, and Mixed-Use General Area, and the playground and barbeque areas.
The balance land will be held in Super lots 1002 - 1005.
7.2.2 SUB-B: Stage Two Stage Two (yellow) - Super lot 1002, consists of an area of 5,653m2, and contains 55 lots and allocated car parks and one visitor car park within JOAL’s.
7.2.3 SUB-B: Stage Three Stage Three (green) – Super lot 1003, consists of an area of 6,979m2, and contains 57 lots and allocated car parks within JOAL’s.
7.2.4 SUB-B: Stage Four Stage Four (blue) - Super lot 1004, consists of an area of 6,424m2, and contains 49 lots and allocated car parks within JOAL’s. 41 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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7.2.5 SUB-B: Stage 5 Stage Five (purple) - Super lot 1005, is to develop the last Superlot (Super Lot 1005) and consists of an area of 5,971m2 and includes five lots in the commercial node for the three retail units, café, and community centre, and 15 residential lots with allocated car parks, and three visitor car parks located within the JOAL’s. The public road from West Coast Road will be completed (noting this is to be formed at Stage One for construction access) and vested in this stage.
7.3 Information required in applications for subdivision (Sch 6 Cl 12) The engineering drawings at Appendix 11 demonstrate the: • position of all new boundaries; • areas of all new allotments; and • the locations and areas of land to be set aside as new roads (Lots 300 and 301).
The application does not contain any reserves that will vest in Auckland Council. The communal reserve areas (Lots 500-506) will be held and managed by a residents’ society. This is addressed in the proposed conditions of consent.
There are no existing esplanade reserves, esplanade strips, or access strips on the site. This is not relevant to the application.
There are no parts of the bed of a river or lake to be vested in a territorial authority. This is not relevant to the application.
8.0 WHETHER THE PROJECT HELPS ACHIEVE THE PURPOSE OF THE ACT (Part 2 section 19)
8.1 The project’s economic benefits and costs for people affected by Covid-19 (section 19(a)) The proposal’s economic costs and benefits have been assessed by Adam Thompson of Urban Economics, and this is included in Appendix 24, with a section specifically responding to the project’s economic benefits and costs for people or industries affected by COVID-19.
The summary of this assessment is that the impact of Covid-19, being a downturn in the economy generally due to the impact of government-imposed lockdowns coupled with the closing off of the border to non-New Zealand citizens and residents, is likely to result in a decline of houses demanded and constructed, placing considerable pressure on the construction sector over coming years.
This proposal would create a considerable number of jobs within the construction industry, with an estimated 623 Full-Time Equivalent jobs created on an annualised basis (i.e. if construction takes two years then 312 Full Time Equivalent Jobs would be created in each year.) This project would provide employment to people working within an industry affected by the economic downturn as a result of Covid-19. Not only that, but the project would contribute to the wider economy in that the construction industry has a value-added figure of 42 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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$133,000 per FTE employee. This equates to a GDP contribution of $82.9m for 623 FTE’s.
The Applicant intends to employ local contractors Hero International and GJ Gardner Homes (West Auckland) for the development. Hero International will construct 146 dwellings and GJ Gardner Homes (West Auckland) will construct 100 dwellings.
Hero International Specific to the proposal, Hero International anticipate the employment of between 136 and 198 staff (this includes subcontractors who they directly employ) for the development. Prospective job applicants are anticipated to be those living close to the site, within the West Auckland region. Hero International expect to employ approximately the following breakdown of staff: • Project Managers/Supervisors/Team leads – 10-20 required; • Carpentry (including cladding and roofing) – 70-90 required; • Brick and block layers – 6-8 required; • Plasterers (stoppers) – 6-8 required; • Electricians – 6-8 required; • Plumbers – 6-8 required; • Painters – 6-8 required; • Tilers – 6-8 required; • Office support – 10-20 required; and • Other professionals/skills/disciplines – 10-20 required. In addition, for the subcontractors they do not directly employ, Hero International will be looking to approximately employ the following external subcontractors: • Scaffolders – 5 subcontracting teams required (approximately 3-5 per team); • Joiners – 5 subcontracting teams required (approximately 2-4 per team); • Carpet fitters – 5 subcontracting teams required (approximately 2-3 per team); and • Landscapers – 5 subcontracting teams required (approximately 2-4 per team). In all, the construction by Hero International will result in employment of between 145 and 214 people per year.
GJ Gardner Homes GJ Gardner Homes anticipate the employment of 4 staff (two project managers and two quantity surveyors) and approximately 100 subcontractors for the development. Due to the need for the roles to be present on site, prospective job applicants are anticipated to be those living close to the site, within the West Auckland region.
The construction by GJ Gardner Homes (West Auckland) will result in employment of approximately 104 people per year.
A letter from each of the above companies confirming the above is included in Appendix 25.
In addition to the economic benefits accruing from construction employment, are spin-off effects to the local retail economy (particularly the Glen Eden commercial centre) from having
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more people living and working in the area.
8.2 The project’s effect on the social and cultural wellbeing of current and future generations (Cl 19(b))
This matter is addressed below in Section 10.0 – Assessment of Environmental Effects (Schedule 6, Cl 31(1))
8.3 Efficiency of process under the C19RFTCA (Cl 19(c)) CPM submitted its application for referral to the Ministry for the Environment on 21 August 2020. CPM received Ministerial approval on 17 December 2020 and the order in Council was legislated on 29 January 2021.
The statutory timeframe for the ECP is around 45 working days (though this can be extended by another 25 working days). Therefore, the fast-track consenting process is anticipated to take a total of nine months (accounting for the reduction in working days over the December and January period and a gap of a month between the Order in Council and filing with the EPA) and if resource consent is granted that would occur in approximately June / July 2021, in time for the summer construction season 2021/2022.
By contrast, under the RMA, if the Applicant lodged its resource consent application with the Council in February / March 2021 it is likely to take 12 - 18 months to receive consent. Under the RMA process, consent is not likely to be granted until mid-2022; 12 months later than the fast-track process (assuming no Environment Court appeals).
Were the application to be granted around June/July 2021 this is expected to fall well within the period prior to the repeal of the Act. Even if those anticipated timeframes are extended, there remains a period of 12 months between June and the repeal of the Act in July 2022 which would be more than enough time for the application to be decided in line with statutory timeframes by the ECP.
On the other hand, the Council, based on present experience, would be expected to take at least 12 months to process an application of this type. More realistically it would take 18 months – 2 years.
For example, a recent project the applicant’s planner has worked on was a three-storey three- unit development in Parnell, Auckland. The application was lodged with Auckland Council on 25 October 2019 and proceeded with limited notification to six properties. The hearing took place on 30 and 31 July 2010 and consent was granted in October 2020.
In another example, a consent for additions and alterations to a dwelling subject to a special character overlay was lodged with Auckland Council on 16 August 2019. The hearing took place on 21 September 2020 and consent was granted in October 2020. This example is a consent where the matters are constrained to two issues only, heritage and special character effects. This demonstrates that simple matters are presently subject to significant delays which does not bode well for complex matters such as the present application, being a large multi-unit development.
Furthermore, recent changes to the Resource Management Act 1991 have amended s 95A and
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removed the preclusion of public notification for restricted discretionary or discretionary residential developments (per the Resource Management Amendment Act 2020, effective 30 September 2020). Given the intensity of the development proposed (over 100 dwellings), in our experience, the Council is likely to consider that the application will require public notification (and this was certainly the impression gained from the pre-application meeting). Should the Council proceed on a limited notified basis, CPM is advised that that the application would be notified to a high number of parties such that (in a practical sense) it is likely that the outcome of the limited notification process would be the same as if it had been publicly notified. This amendment to the Act will mean that the processing time for Auckland Council is even more likely to be at the higher end of our estimate, being 18 months – 2 years from lodgement (i.e., March 2023).
With regards to potential neighbouring opposition, the Applicant notes that the development is no more intense than what could reasonably expected for the site (see assessment of coverage and GFA), and that the potential effects on the number of neighbouring properties are minimised due to the inherent boundary treatment of the site, having roads on two boundaries and existing housing alongside one boundary. Where there is housing, the back yards of the proposed development meet the back yards of the existing housing. In this way, it is considered that because of the permitted baseline of effects on the site any neighbours do not have reasonable grounds for objection.
Therefore, the applicant is choosing the fast-track process over the ordinary RMA process in order to significantly speed up the consenting process, save unnecessary costs, and provide certainty of process.
8.4 Whether the project may result in a public benefit (Cl19(d))
8.4.1 (i) Employment Generation This matter overlaps with comments above regarding additional employment in the construction industry. Of particular relevance, as noted in the Economic Commentary of Urban Economics included in Appendix 24, is the fact that the project will result in the creation of an estimated 623 Full Time Equivalent jobs, created on an annualised basis (i.e. if construction takes two years then 312 Full Time Equivalent Jobs would be created in each year.) Job creation would not be limited to construction jobs only, and other roles such as roading, landscaping, planting, land surveying, administration and support services, and other related industries would be created.
Not only would this project provide employment to people working within an industry affected by the economic downturn as a result of Covid-19, but the project would contribute to the wider economy in that it would equate to a GDP contribution of $82.9m for623 FTE’s (based on the construction industry having a value added figure of $133,000 per FTE employee). This GDP contribution is a public benefit in that it contributes to the productivity of the wider economy. These assessments are also included in the Economic Commentary.
Additionally, with respect to the consultants required to prepare and manage the application we expect that this will result in approximately 5-6 FTEs for the course of a year, along with additional employment of lawyers at around 2 FTEs for the course of a year.
8.4.2 (ii) Increasing House Supply The public benefit of increasing affordable housing supply has been assessed by Urban Economics, in Appendix 24, with a section specifically responding to Section 19(d)(ii) of the
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C19RFTCA.
This notes that the proposal would provide housing in currently undersupplied price brackets, providing an analysis identifying that the proposal would provide additional housing within the $500,000 to $600,000 and $600,000 to $700,000 price brackets which are currently undersupplied in the catchment (being properties within a 6.5km radius of the site).
In more general terms, and in relation to the shortage of housing supply in Auckland identified by the Urban Growth Agenda (UGA) and referred in the National Policy Statement on Urban Development, the proposed IRD of approximately 246 lots will increase development capacity for residential dwellings by a further 239 units over the site area currently containing seven existing dwellings. Over 200 of these will be affordable. If the site were to be subdivided under standard subdivision rules for lots of 600m2, a yield of approximately 53 lots could be obtained, being 193 lots less than proposed as IRD. This increased yield of residential lots with the resulting price points is clearly a significant public benefit as opposed to standard subdivision and development.
8.4.3 (iii) Contributing to well-functioning urban environments As explained above, the proposal is set in a location in reasonable proximity to public reserves, Glen Eden town centre, bus stops in the immediate proximity as well as rail and bus park and ride facilities 2km to the east, kura kaupapa and schools, and other essential community services such as a medical centre (Westview Medical Centre) and places of worship.
The applicant sought advice on the proposal from experienced urban planner and urban designer Ian Munro, who has provided a qualified statement of the proposal in urban design terms, included in Appendix 18 and discussed above in Section 7.1.1. This sets out how the design achieves high amenity, safe, and functional living, recreational, and accessibility solutions which supports the social and economic well-being of the community. For example, Mr Munro considers that the subdivision layout of streets, blocks and open spaces is consistent with what he regards as best-practice, and will be safe, efficient, convenient and accessible now and over the long-term. The provision of new public streets to open-up the site is superior in urban design terms to the alternative of Joint Owned Access Lots and is particularly supported. Further, the subdivision layout of streets, blocks and open spaces reflects and will enhance the key natural drainage feature that contributes to local character and amenity values, as well as the site’s underlying landform patterns. Mr Munro concludes that overall, the proposal is a successful urban design response to the Site and its context.
The applicant also sought advice on the proposal from a landscape architect, Helen Mellsop who has provided a Landscape Visual Assessment of the proposal, included in Appendix 19, and discussed above in Section 7.1.2. Ms Mellsop considers that the landscape strategy is intended to achieve three outcomes (as set in more detail above in Section 5.1.2): • A high level of amenity for streets, lanes and parking areas; • The provision of attractive accessible and usable open space areas for neighbourhood use and visual relief; and • Providing vegetation to soften and integrate the new dwellings, particularly when viewed from existing and proposed streets and adjoining residential areas, and to enhance privacy for outdoor living areas. Rain gardens have also been provided as an attractive and efficient way to manage stormwater.
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The above landscaping methods ensure that the urban environment is well-functioning in terms of landscape and amenity.
Lastly, the applicant engaged an expert from Visitor Solutions, Craig Jones to comment on the community, recreation, and leisure facility components of the proposed concept. Mr Jones has also provided an assessment of the proposal, included in Appendix 8. Mr Jones considers that:
“The current concept has undergone several iterations to arrive at an optimised plan. I believe this concept reflects best practice in functional community leisure and recreational planning. Additional fine tuning will be undertaken in future, more detailed, design stages to further maximise community recreation and leisure benefits. For example, as the MUGA, community space, and potential community garden is conceptualised in greater detail.”
This is described in more detail above in Section 7.1.3.
The applicant also sought advice on the proposal from a traffic consultant, Todd Langwell. Mr Langwell concludes that the roading provided will contribute to well-functioning urban environments by providing two links to Glengarry Road and one link to West Coast Road, providing residents with multiple choices to access the wider roading network. Further, that traffic calming measures on the public roads will contribute to a safe and well-functioning traffic environment. Furthermore, providing a low speed street network that allows cyclists and vehicles to share the same carriageway on an equal basis.
In a financial sense, the proposal will generate substantial development contributions toward services infrastructure, roading and reserves, increase the patronage of public transport, making those facilities more efficient and/or enabling transport providers to provide additional services profitably (thereby increasing convenience for all patrons), and increase the customer base for local businesses.
8.4.4 (iv) Providing infrastructure in order to improve the economic, employment, and environmental outcomes, and increase productivity. The proposal includes privately owned recreation reserve areas totalling 2,849m2 as described above in Section 7.1.3.
The proposal also includes the provision of three retail units, a café, and a community centre all providing future employment opportunities for the community – noting the Community Centre may be limited in this capacity depending on the future use of this.
Stormwater, Wastewater and Water Supply servicing for the site are available via the existing public networks adjacent to the site. Civix Ltd has worked through a detailed capacity assessment for the surrounding networks, and initial results indicate some local asset upgrades being required but no significant downstream network upgrades have been identified.
The roading infrastructure contributes to improving economic and employment outcomes by servicing 246 units which will house people living and working in the West Auckland and wider area.
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8.4.5 (v) improving environmental outcomes for coastal or freshwater quality, air quality, or indigenous biodiversity The proposal does not present any significant adverse environmental effects in terms of freshwater quality or air quality. Regarding indigenous biodiversity, it is proposed to replace areas of orchard plantings with eco-sourced indigenous species in the landscaped areas of road and recreational reserves.
The Landscape Plan and associated treatments and strategy are provided by Helen Mellsop and is included in Appendix 17.
An ecological analysis by BioResearches on the status of the watercourses is also provided at Appendix 10 confirming the overland flow path is ephemeral and of no ecological significance.
Stormwater treatment is proposed for the roads and private JOAL’s as set out in the Infrastructure Report in Appendix 11, to control the effects of contaminants discharged into the stormwater network.
8.4.6 (vi) Minimising Waste It is proposed that contractors minimise waste during construction, recycling material where possible.
The proposed use of the site and dense urban form leaves little or no opportunity to re-use existing buildings on site. Additionally, some of the buildings on-site have been damaged by a fire (December 2018).
Earthworks will be designed to try and achieve a cut to fill balance and the relatively flat topography will limit the amount of earthworks required. However, as there is contamination from the orchard use, some earth will have to be relocated off-site, as set out in the Infrastructure Report in Appendix 11 and the Remediation and Action Plan in Appendix 23 (covered by BUN60368786) .
In terms of sustainability, Hero International, where possible, specify building products of recycled, secondary or sustainable sources, for example responsibly sourced timber through the Forest Stewardship Council (FSC) certification scheme. Hero International monitor their key local suppliers in terms of the Environmental Management Systems they have in place, to better understand how their local suppliers are operating with environmental responsibility and minimising their environmental impact.
GJ Gardner Homes (West Auckland) aims to minimise their impact on the environment through the choice of building materials. Wherever possible they choose environmentally friendly products from recycled or renewable sources. They ensure all of their building material selections are managed in a balanced way, to promote environmental friendliness whilst ensuring long term durability and value. GJ Gardner Homes (West Auckland) also assess their supply chain to ensure they are manufacturing and distributing their products in both socially and environmentally responsible ways. This includes considerations such as:
• Are there clear Environmental Policy Statements in operation; • Is sustainability part of corporate strategy and decision making processes; • Are human rights respected during manufacture and supply; and
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• Is there a commitment to continual improvement in environmental performance. Waste generated by residents will be managed as possible by the Auckland public waste collection services, and also by Green Gorrilla for the collection of waste from JOALS, both of which includes extensive opportunity for recycling.
8.4.7 (vii) contributing to New Zealand’s efforts to mitigate climate change and transition more quickly to a low-emissions economy (in terms of reducing New Zealand’s net emissions of greenhouse gases): Greenhouse gasses will be emitted in two different stages of the project: • Construction of the dwellings and commercial buildings; and • Residential occupation of the dwellings and businesses operating out of the commercial buildings.
In terms of greenhouse gasses from construction work: • The site is relatively flat which limits the amount of earthworks required and therefore the amount of hydrocarbons used in preparing the site for development. Some soil may needed to be removed from the site if it is exceeds contamination standards set by the NPSUD, however given the cost of disposing contaminated soil, there will not be unnecessary removal of soil from the site. • In terms of construction materials, there is limited scope to avoid the use of greenhouse gas producing construction materials, such as concrete (particularly given infrastructure requirements of Auckland Transport, Auckland Council’s engineering standards and the requirements of the Building Code), whilst still delivering affordable housing. • However, by designing the development to optimise intensity, a greater amount of housing can be provided for equivalent concrete and building materials than would be the case with a standard residential development. More specifically: o As noted above, the proposed development anticipates 246 dwellings, by comparison, if the site were to be subdivided under standard subdivision of lots of 600m2 a yield of approximately 53 lots would be achieved with 106 dwellings if each had a minor household unit. o The size of houses on such large lots (for a standard residential subdivision) would also be much larger, although the size of the families being housed would be unlikely to be much larger, so there would be much greater consumption of resources (steel, concrete, glass, wood) to house the same number of people. By comparison, the houses proposed are 65-68m2 for 2-bedroom houses and larger for 3 and 4 bedrooms. o Terrace housing is inherently more energy efficient than stand-alone houses due to the houses insulating one another through the shared use of party walls and reducing the external surface area available for heat loss. o Therefore, on a per house basis, the development will produce much less greenhouse gas than a typical residential subdivision in the zone. o In addition, CPM is mindful of the construction companies it uses to undertake development, particularly in light of their environmental policies and practices. Attached as Appendix 25 is a sustainability statement from Olive + Hero (Hero International) which states that:
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Sustainability: Hero International works closely with many leading New Zealand suppliers to ensure their construction materials come from sustainable, ethical sources (such as FSC or similar timber). Hero International has a Responsible Sourcing document available, listing the Environmental Management Systems in operation at many of their key local suppliers. • Hero International and GJ Gardner Homes contractors source their building materials from local building merchants, including ITM, Placemakers, Chesters Plumbing, Pink Batts and Mico. For example, ITM and Mico have branches at Henderson, a 15-minute drive from the site while Placemakers and Chesters Plumbing have branches in New Lynn, under ten minutes’ drive to the site. In this way, this reduces the amount of greenhouses gases used transporting materials from the supplier to the site. • CPM will also seek that its other main building partner, GJ Gardner Homes achieve similar outcomes.
In terms of greenhouse gasses from the development once complete and people are living in it: • The site has good access to the local public transport network and reasonably convenient (including easy cycling access) to the Auckland Rapid Transit Network (or a 20-minute walk), thereby minimising the reliance on private motor vehicles. A park and ride rail and bus station is 2km to the east at the Glen Eden town centre, and access to bus stop 5053 only three minutes’ walk away at Parrs Cross Road. This will assist with reduction of vehicle emissions as a consequence of an increase in density of development on the site. • It is proposed that the number of residential car parks in the proposal are limited to 242, with units allocated one park per unit (except for four units in Block T), and 45 street parks, and 4 parks for visitors. This capping of car parks encourages the use of alternative modes of transport. • The assessment in relation to the economic and social wellbeing has highlighted that this development has good access to the day to day products and services which people need, thereby minimising the distance they need to travel and enabling them to access their day to day needs by either walking or cycling. In this way the use of the site will have a relatively lower level of greenhouse gas emissions compared to other forms of residential development or other sites. • In addition, by providing new affordable accommodation, people on modest incomes will be able to live in new buildings which are designed and built to achieve modern insulation and energy efficiency standards. They will therefore use less energy to heat their homes and will be able to do so using less electricity (e.g. with heat pumps rather than inefficient heating sources). • Electric car chargers will be provided on-site, facilitating and encouraging the use of electric vehicles over fossil-fuel based vehicles.
8.4.8 (viii) Promoting the protection of historic heritage This does not apply to this site.
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8.4.9 (ix) strengthening environmental, economic, and social resilience, in terms of managing the risks from natural hazards and the effects of climate change: The site is gently sloping and not subject to significant geotechnical constraints to the extent that natural hazards might be presented regarding land stability. As the site is currently used as an orchard, it will be necessary to remediate soil discovered to have contamination levels requiring remediation. This could have some benefit to immediately surrounding properties at the outer boundary interface.
The overland flowpath through the site is not classed as a watercourse, being ephemeral and no associated flood plain areas are shown on the Council’s GIS. Overall, the site does not present any risk in terms of climate change or natural hazards, with possibly a positive outcome from site contamination remediation if necessary.
With regards to minimising the effects of climate change (decreased rainfall), all bathrooms will be fitted with dual flushing toilets and controlled shower heads ensuring that water is not wasted and use is minimised.
8.5 Whether There is Potential for the Project to Have Significant Adverse Environmental Effects, Including Greenhouse Gas Emissions: (Cl 19(e)) The proposal does not present any significant adverse environmental effects, including greenhouse gas emissions. As discussed above, the cap on car parking combined with the proximity of public transport rapid transit park and ride facilities assists to reduce the number of vehicles on roads, and associated emissions. Any other activities such as wood burners, are required to comply with the standards set out in the Air Quality NES.
8.6 Any Other Matter That the Minister Considers Relevant: (Cl 19(f)) If the Minister (through the EPA and ECP) considers there to be any other aspects relevant to this proposal, or suggests areas for improvement, CPM Ltd are happy to consider any such comments or suggestions.
9.0 AUCKLAND UNITARY PLAN – REASONS FOR CONSENT (SCHEDULE 6 CL 9(1)(a) The AUP became operative in part on 15 November 2016 and was most recently updated on 9 October 2020. The reasons for consent under the AUP are described below.
9.1 Reasons for Consent
Activity Resource Consent Integrated Residential Development in the RSHZ H3.4(A9) Discretionary Activity New buildings H3.4(A36) Discretionary Activity Café with 100m2 GFA H3.4.1(A16) Discretionary Activity Three separate retail outlets of 100m2 GFA each. Rule H3.4.1(A1) Non-complying Activity A community centre of 100m2 GFA H3.4.1(A23) Discretionary Activity
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Activity Resource Consent New vehicle crossing to a vehicle access E27.4.1(A5) Restricted Discretionary restriction road (West Coast Road is shown as an arterial road in GIS).
Number of parking spaces not complying with E27.4.1(A2) Restricted Discretionary Activity Standard E27.6.2.4 (T46) requiring one park per dwelling. There is a temporary five car park shortfall reducing to a four car park shortfall on completion of the development. Car parking areas (Lots 405, 406, 128–134) E27.4.1(A2) Restricted Discretionary Activity exceed 1V:20H and are up to 1V:12.5H or 8% grade in limited locations. This does not comply with the design of parking and loading spaces formation and gradient Standard E27.6.3.6. A loading bay is required for the residential E27.4.1(A2) Restricted Discretionary Activity development which has more than 5,000m2 GFA and none is provided, not complying with Standard E27.6.2.7. Traffic generation from more than 100 new E27.4.1(A2) Restricted Discretionary Activity dwellings does not comply with Standard E27.6.1. Reverse manouevring onto JOAL’s serving more E27.4.1(A2) Restricted Discretionary Activity than four lots does not comply with Standard E27.6.3.4. Stormwater discharges from impervious areas E8.4.1(A10) Discretionary 2. exceeding 5,000m Stormwater discharges from greater than E8.4.1(A5) Restricted discretionary activity 5,000m2 of roads which comply with Standards E8.6.1 and Standard E8.6.4.1. Diverting the entry or exit point, piping or E36.4.1(A41) Restricted Discretionary Activity reducing the capacity of any part of an overland flow path.
Note: The overland flow path will be piped through the site but maintain the same entry and exit point. National Environmental Standards for Assessing Clause 5(5) and 5(6) and Regulation 10 and Managing Contaminants in Soil to Protect Restricted Discretionary Human Health 2011: Subdivision and change of use of land.
Subdivision in accordance with an approved land E38.4.2(A14) Restricted Discretionary use consent complying with Standard E38.8.2.2.
CPM confirms that: • the project does not include any of the activities set out in clause 2(4) of Schedule 6; and • There are no other activities that are part of the proposal to which the application
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relates (Schedule 6, clause 9(1)(e)).
CPM requires consent for earthworks. This was lodged with Auckland Council on 4 December 2020 (BUN60368786) (Schedule 6, clause 9(1)(f)). CPM has provided its s 92 response to Auckland Council and hopes that the consent will be granted imminently. If there are any material delays to that consent, CPM may withdraw that application and seek all earthworks be consented through its fast track application. It is noted however, that there are only two outstanding matters to be responded to under S92 of the RMA and these are almost resolved. To assist with the overall assessment of this IRD application, the earthworks application report, S92 responses to date, and the earthworks plans are included in Appendix B of the Infrastructure Report in Appendix 11.
9.2 Overall activity status The application has an overall activity status of a Non-complying Activity by virtue of the three retail outlets in the commercial node. It is noted however that a dairy up to 100m2 is a restricted discretionary activity in the SHZ.
10.0 ASSESSMENT OF EFFECTS ON THE ENVIRONMENT – Schedule 6 Cl 9(4), 10 & 11.
10.1 Matters to be Considered. Matters to be considered by the ECP when assessing an application for consent under Schedule 6 Cl 10 & 11 of the FTCA include the effects matters listed as well as identification of affected persons and iwi, and the outcomes of any consultation undertaken.
The assessment of an activity’s effects on the environment under clause 9(4) must cover the matters and information included under Cl 10 & 11.
The following therefore addresses the relevant matters listed in Cl 10, and the assessment of effects matters listed in Cl 11.
(a) Any effect on the people in the neighbourhood and, if relevant, the wider community, including any social, economic, or cultural effects: Effects on the neighbourhood Design approach and standards adopted The proposal has been carefully designed from concept master planning through to final plan submission. The need for such careful design and planning is due to the higher intensity associated with this IRD on this large site. The overall design philosophy is to achieve good balance between the provision of a suitably high yield of affordable housing, while maintaining and enhancing the amenity and character for future residents of the site, and also maintaining and enhancing the existing amenity and character of the surrounding area. The design has been highly iterative, incorporating architectural and urban design (including recommendations from the Council’s UDP, landscape treatment, traffic assessment and design, and engineering and geotechnical design considerations. Despite Rule H3.4.1(A9) (SHZ Activity Table) not specifying any standards to be complied with for this Discretionary Activity, in order to achieve a good balance between intensity and
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Integrated Residential Development and Subdivision Marc 2021 amenity, some of the development controls for the Single House Zone (SHZ) have been adopted as a guide including site coverage and building heights, combined with some of the other standards applicable under the Mixed Housing Urban Zone (MHUZ) including outdoor living space and outlook space. As shown in the Master Plan shown above in Figure 8 and included in Appendix 2, the development achieves a site coverage of just 23.39%, impervious area of 58.96%, and a permeable area of 41.05%, with building heights complying with maximum of 8m or 9m where a roof slopes 15 degrees or more in compliance with the SHZ development controls for these standards. It is noted that the site coverage is based on gross site area, however, this applies to land use prior to subdivision (i.e., the proposed IRD), and it demonstrates an anticipated degree of open space associated with the SHZ commensurate with the objectives and policies for the SHZ, and complementary to the character of the surrounding area, noting that this is a mix of differing zones, site sizes and uses as described above in Section 3.2. Most of the SHZ yards are complied with except for one very minor front yard infringement at the corner of West Coast Road and Glengarry Road (northernmost unit of Block B), and some other minor internal front yard infringements adjacent to internal public roads as shown on the attached plans. These front yard infringements have no effect on the interface of the IRD site with existing neighbouring sites and are not noticeable where internal front yards are infringed when considered against the holistic design approach mitigating potential effects. In terms of effects to the surrounding neighbourhood or the wider community, the effects of these front yard infringements are negligible. Sunlight and Shading Effects It is noted that there are some height in relation to boundary exceedances of the permitted activity standard at the external boundaries adjoining two residential sites at Numbers 446F and 458 West Coast Road. The locations and extents of these infringements are shown in Appendix 2 in Drawing Numbers 40-01 to 40-05. The location of the infringements to the external eastern interface boundary is shown in Drawing Number 40-02 and below in Figure 21.
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Figure 21: Standard Single House Zone subdivision and development including minor dwellings
In order to demonstrate the comparable effects of the proposed shading effects of the proposed IRD with a conservative standard SHZ development of one dwelling with an associated minor dwelling on 600m2 sites, a plan of this has been prepared with associated shade diagrams (Drawing Numbers 00-13 and 50-03 of the Appendix 2 Architectural Plans), as well as shade diagrams for the proposed IRD (Drawing Numbers 50-01 and 50-02 of the Appendix 2 Architectural Plans).
These demonstrate less than minor adverse effects from shade on these adjoining properties from these minor infringements when compared to a permitted development proposal, noting that in some instances the alternative permitted effects are worse than those proposed, such as along the western boundary most demonstrable over the winter month of June at 3pm. Further, there remains at least four hours of sunlight to the affected neighbouring properties at all times of the year. The proposed and alternative complying scenario plans are shown below in Figures 22 and 23, and comparative sunshade diagrams of the relevant external boundary infringement areas at 3pm on June (being the worst case shading effect) are shown below in Figure 25, identifying those properties adjacent to the infringing locations circled in red. An aerial of the affected properties is shown below in Figure 24 to assist.
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Figure 22: Standard Single House Zone subdivision and development including minor dwellings
Figure 23: Proposed Integrated Residential Development.
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Figure 24: Aerial photograph of adjoining affected HIRB sites
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Figure 25: Alternative Standard Single House Zone and Proposed IRD Shade Diagrams at 3pm in June. Proposed IRD Alternative Example
It is noted that most of these adjoining neighbours to the east have northern oriented outdoor living areas, so these areas are not significantly affected, or otherwise have outdoor areas beyond the shade extent of effect. The most potentially affected property in terms of outdoor living area affected is Number 446F West Coast Road. The following descriptions and figures describe these affected living areas in more detail.
Number 458 West Coast Road This is shown below in Figure 26 which when compared to the shade diagrams shows the outdoor living areas either avoided by shading effects or worse affected by the alternative complying development example.
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Figure 26: Aerial photograph of Number 458 West Coast Road adjoining affected HIRB
Number 446F West Coast Road This is shown below in Figure 27 which differs from the other properties at this eastern boundary in that it has its outdoor living area oriented to the west as well as to the north, noting its main deck is located to the west of the dwelling. The effect of shading on these outdoor living areas shows little difference when compared to the comparison sunshade diagrams shown above, noting again that at least four hours of sunshine at all times of the year is afforded to these areas of this property.
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Figure 27 Aerial photograph of Number 446F West Coast Road adjoining affected HIRB
It is concluded that based on the above assessment, despite these minor infringements of the HIRB control at the eastern interface boundary, the two properties adjacent to these infringement areas are not affected to any significant degree greater than could be impacted by an alternative fully complying development proposal, noting that with regard to Number 458 West Coast Road the effects are worse from a complying scenario. Based on the above assessments, the effects on these neighbouring properties from the proposed hight in relation to boundary infringements can be considered less than minor. Density and built form effects In order to demonstrate the comparable effects of this proposal with a more conservative (in density terms) SHZ development of 600m2 sites with associated minor household units, a plan has been prepared showing this would provide 106 open market dwellings (both principle and minor dwellings) and 468 bedrooms on as shown in Drawing Number 00-13 in Appendix 2. The difference between this plan and the proposed site plan is illustrated above in Figures 22 and 23. The effects of the standard SHZ development would still introduce significant built form effects to surrounding sites with significantly less dwellings and accommodation provided, but with significantly higher price points per site. The proposed IRD provides an additional 140 dwellings and sites than the standard SHZ example (noting this includes minor dwellings which may not actually occur for all sites), and a further 218 beds (686 beds in total). Of note is that the proposed IRD has a building coverage of 9,905m2 and the standard SHZ development has a building coverage of 10,485m2 so the 60 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
Integrated Residential Development and Subdivision Marc 2021 proposed IRD has 580m2 less coverage. Based on this comparative assessment, the proposed IRD achieves anticipated built form change to the surrounding residential and public spaces (roads) when compared with the standard development example but achieves significantly greater efficiency of use of the land resource by provision of additional housing aimed at the affordable market. Further, through the comprehensive design approach, the standard of development and associated open spaces and landscaping is such that the visual amenity of the area would likely be higher through this application for an IRD compared to a standard subdivision left to individual lot owners to develop in an ad-hoc manner as suits each owner. Landscape design In addition to the careful design of built form to control visual and amenity effects on neighbouring sites and surrounding roads is the landscape approach of providing larger specimen trees fronting the roads to soften the built form, and the inclusion of a mix of small to medium, and medium to large evergreen and deciduous trees at the eastern interface with surrounding residential sites. Additionally, the built form of dwellings is split in the order of 7 dwellings per block along this eastern interface leaving wide open sections in the order of 11m where JOALS and parking areas are located (with associated landscaping), or additional landscaped areas such as between Blocks P & Q and Blocks S & T as shown on the Masterplan Drawing Number 00-09.
Effects on the wider community, including social and economic effects Section 8.1 of this AEE above addresses how the proposal supplies additional housing to currently undersupplied price brackets and sets out the clear economic advantage of the proposal in accordance with the direction provided under the National Policy Statement on Urban Development. The wider community social and economic benefits of providing additional affordable housing as proposed, and designed to a high standard of amenity (including the recreational and commercial aspects as previously described) are substantial, providing a highly appropriate response to the current housing crisis in Auckland.
Cultural effects Section 6.1 above sets out the consultation results and feedback provided, noting there is a high level of support for this as the relevant iwi (including Te Kawerau ā Maki to which this area is deemed as a Statutory Acknowledgement Area) appreciate that cultural items of significance are not high with regard to this site, and that the provision of additional housing for all New Zealanders is an important issue requiring suitable responses, such as proposed here. While there are no significant cultural items or features attributable to the site, recognition of the cultural ties to the land is still being worked through with Te Kawerau ā Maki through provision of landscape elements and road names. The letter of support from Te Kawerau ā Maki is included in Appendix 3.
Summary Based on the above assessments, the proposal is considered to result in no more than minor adverse effects to the neighbourhood or the wider community, offering substantial social and economic benefits.
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Cultural effects are also less than minor, with the interests of iwi carefully considered through extensive consultation and on-going liaison. Overall, it is considered the effects on the neighbourhood and wider community are positive, especially in light of the clear need for a suitable response to the housing crisis as well as the need for appropriate responses to the social and economic responses to the negative impacts on these aspects introduced under Covid-19.
(b) Any physical effect on the locality, including landscape and visual effects: The landscape effects on the site and locality are largely addressed in the above section, noting this is complementary to the surrounding character of development, and the comprehensive design and landscape treatments contribute to the maintenance and enhancement of the site’s visual effects. The physical effects on the locality relate to the change in use from the disused orchard to the residential development and subdivision, starting with completing new ground levels and services to accommodate roads, building platforms and services, and culminating in the full residential development. This includes earthworks and retaining; however, this is almost approved by the Council so will soon be able to be considered as a consented baseline effect. It is clear that the change in physical effect is substantial, with only seven dwellings on the site currently, and an increase of 239 dwellings once completed. However, as previously discussed above, this change in effect is similar to the anticipated change possible under the SHZ provisions for subdivision and development. As the main consideration relates to the change in built form, an urban design assessment of Ian Munro has been completed and this is addressed above in Section 7.1.1 concluding that the proposal achieves a high level of urban design by incorporating design elements introduced by the architects, Ian Munro, as well as the Council’s Urban Design Panel. Helen Mellsop has completed a Landscape Visual Assessment (LVA), and this is included in Appendix 19, and addressed above in Section 7.1.2. This concludes that overall, it is considered that the adverse effects of the Nola Estate residential neighbourhood on landscape and visual amenity values would be acceptable within the receiving environment.
Summary The proposed effects of the development are anticipated in this location by virtue of provision for an IRD in the SHZ. Substantial effort has gone into achieving an appropriate balance between amenity and visual effects and the provision of more intensive development as discussed in sections above. The design approach has respected core SHZ development standards and appropriate MHUZ standards and has carefully considered urban design considerations and landscape mitigation solutions to arrive at a proposal which complements its setting and results in less than minor adverse effects on the environment.
(c) Any effect on ecosystems, including effects on plants or animals and physical disturbance of habitats in the vicinity: The site is not located in an area of any significant ecological value, being a disused orchard. The only watercourse is an ephemeral overland flow path of no ecological value, as identified in the Watercourse Classification report in Appendix 10. There is no significant native vegetation, and the only habitat relates to bird perches on existing
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orchard trees or exotic tree species, noting that the proposed landscaping of the site will enhance this by the provision of many medium to large specimen trees as well as smaller trees and shrubs as illustrated in the Appendix 17 Landscape Plan and Plant Schedule. Summary There are no significant effects with regard to this matter.
(d) Any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: Aesthetic values As set out in the Visual Impact Assessment discussed above, the site does not currently hold any significant aesthetic or visual quality, and the proposed development and associated urban design and landscaping will maintain/enhance the visual appearance of the site. The resultant visual effects of the proposal are anticipated in the SHZ in this location, and complements the surrounding character of the area, therefore the resulting aesthetic effect will be positive overall, given the careful design approach adopted for the development discussed above. Recreational Values The proposal includes internal recreational facilities to ensure high recreational amenity values for the occupants of the site, noting that external members of the public may also visit the site to share these facilities in the future. These include the recreational areas described above in Section 7.1.3. including play areas and barbeque areas. In addition to the internal recreational facilities are the surrounding facilities of Parrs Park and others as described above in Section 3.2. The additional population of the site will make good use of Parrs Park and other facilities in the proximity, further enhancing the recreational amenity for the occupants of the site and making good use of these facilities generally. Scientific Values Not applicable to this site. Historical, Spiritual, or Cultural Values As set out above in Section 6.1 - Iwi consultation, and below in Section 14 – Treaty Settlements, Te Kawerau ā Maki has Statutory Acknowledgement for this site and surrounds. Schedule 2 of the Te Kawerau ā Maki Act Claims Settlement Act 2015 contains a list of areas subject to statutory acknowledgement. This is also recorded in the AUPOIP at Appendix 21.
Attached as Appendix 26 is a copy of the Te Kawerau ā Maki Deed of Settlement attachments. At Page 14 is a map of the “Te-Wai-o-Pareira/Henderson creek and tributaries” area, included below in Figure 28 in Section 14. The site is located within this statutory acknowledgement area. While the Applicant has consulted with nine iwi, these have either deferred to Te Kawerau ā Maki or not responded. Te Kawerau ā Maki has provided written response to the application as set out above and included in Appendix 3. This sets out the background of Te Kawerau ā Maki and its affiliation with the area. The letters also responds to the cultural values as summarised below. Heritage It is recognized that the site has been subjected to historic modifications and it is considered there to be low likelihood of the presence of cultural or archaeological materials, and so it is
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Integrated Residential Development and Subdivision Marc 2021 not considered to be wahi tapu. It is sought that contractors and engineers be well versed in the requirements under accidental discovery protocols. This is also ensured by way of condition of consent. Earthworks The potential contamination of the land is recognised and the Detailed Site Investigation and Remediation Action Plan has been reviewed and the recommendations are agreed with, noting the results of any further testing are sought to be shared. Te Kawerau ā Maki advocate that where possible, soil be retained on site due to its mauri (life force). As there are no significant watercourses it is expected that erosion and sediment control can be easily managed. Stormwater On site treatment of stormwater discharges is always advocated rather than straight discharge to the public system. The use of raingardens in the engineering and landscape plans is supported. It is also the view that each individual household should play a positive role in trying to keep Auckland’s waterways healthy. Vegetation Retention of indigenous vegetation is advocated where possible, and it is recommended that native species in the landscaping of the site be eco-sourced to assist the native bio-diversity of the area. The landscape plan incorporates some eco-sourced native species where possible. Fauna The protection of habitats and local native fauna is important and all precautions should be taken to ensure proper procedures are carries out to ensure this. The proposal includes these procedures, including the use of raingardens on public roads, and filters at drainage points on the JOAL’s, as well as the use of appropriate erosion and sediment controls for any required earthworks. The letter concludes that one objective of the National Policy Statement for Urban Development (NPSUD) is “Enabling Maori to express their cultural traditions and norms” and that there is opportunity here for cultural expression in the landscape design, such as art items in hard landscaping and in street names. Our landscape architect (Helen Mellsop) has been liaising with Robin Taua-Gordon to determine where some art features can be included, and this will be included in the final landscape plans and also referred in a condition of consent. In addition to the cultural values of the site is the historical association of the site as a long- standing orchard and local produce market. Recognition of this association is also factored into the landscape plan through provision of orchard trees where possible, and also through street names to be determined. Other Special Values There are no other special values associated with this site. Summary The site contributes to the aesthetic and recreational values of the location, and respects and incorporates values of iwi identified through consultation. Overall, the proposal offers an enhanced use of the site while also complementing these aspects of consideration for present and future generations.
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(e) Any discharge of contaminants into the environment and options for the treatment and disposal of contaminants: The proposal will control the discharge of any contaminants into the environment from sediment associated with earthworks, and the proposed raingardens and filters for the roads and JOAL’s will control contaminants from rainwater. There has been soil contamination identified in the Appendix 23 Detailed Site Investigation and Remediation Action Plan as discussed above in Section 7.1.7, and this sets out remediation measures to ensure contaminated materials are handled and disposed of without risk of discharge. Such measures include: • Safety induction for all staff, contractors, and visitors. • Establishment of emergency procedures. • Fencing of works areas. • Pre-site works discussions to determine the setting up of clean and dirty areas. • Setting up of silt fences, stabilised entrances, and vehicle cleaning facilities – ensuring wastewater from this remains on site and is controlled. • Inspections of stormwater control measures on a daily basis and after significant rain events. • Control of dust through limiting vehicle movements, use of a water truck to dampen surfaces, covering stockpiles with plastic if required. • Control measures in case of odour. • Disposal of contaminated materials to the appropriate disposal site. • Importation of cleanfill only. • If asbestos is discovered that exceed trace levels, then works in that area will be undertaken by a Class B or Class A contractor as required, with notification to Auckland Council and WorkSafe in advance of the earthworks in that area. • Contingency measures – in case of unidentified additional contamination during works, the works shall cease in that area while a suitably qualified specialist assesses the risk and advises on the appropriate measures to adopt.
Summary The proposed construction and contamination measures identified will protect against any adverse effects to the receiving environment and to the future occupants of the site or to any existing neighbouring sites.
(f) The unreasonable emission of noise: The Geotechnical Investigation Report (GIR) in Appendix 20 and addressed above in Section 5.1.5 identifies that Section 4.1 (Seismic Site Subsoil Class) of the GIR notes that eight CPT tests were undertaken extending to approximately 22m below ground level, and that they did not meet refusal at uniform depths that might indicate the presence of a rock or transition layer. Thus – the Soil Classification of “Class D Deep Soils” is applied in line with NZS 1170.5.2004. Section 5.1 of the GIR – Building Foundations, considers that building platforms for all blocks except K, W, X and Q are suitable for conventional two-three storey lightweight timber framed
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residential units supported on shallow foundations. Blocks K, W, X, and Q can be founded on waffle or rib-raft foundations. Given the absence of hard substrate, the soil classification of Class D, and the shallow foundations recommended, there is no requirement for rock breaking, so the proposed works can comply with conditions of consent for construction noise and vibration in accordance with the AUP Rules E25.6.27 – Construction Noise, and E25.6.30 – Vibration, and this is recommended as a condition of consent in Appendix 21. As the use of the Café has potential for noise effects to the existing and proposed residential sites, the Café is proposed to have its operational hours restricted to the following as included in the draft conditions of consent included in Appendix 21: • Public opening hours limited to 0700 - 2200 Monday-Saturday, and then 0900 - 1800 Sunday and holidays • No outdoor dining after 1800No amplified music before 1000 or after 1800. In terms of other noise effects presented to the local environment, these are anticipated for the residential uses associated with development of this site in the SHZ. While it is appreciated that there is a higher density proposed than for a standard subdivision and development (a further 140 dwellings compared to the standard example of 106 dwellings and minor dwellings described above in Section 10.1), the noise effects will reflect those typically expected for development of a site of this size, noting the provision for IRD’s in the SHZ with no specified density or other development standards applicable under AUP rules. In terms of traffic noise, the site limits car parks mostly to one park per unit, noting there is an overall four park shortfall for some of the open market dwellings. This means that there is provision for 242 cars for the dwellings, and this compares to the otherwise likely three car parks per standard site containing one dwelling and one minor dwelling, amounting to 318 car parks. In this regard, it is possible that noise effects from the proposed vehicle movements would be less than possible under a standard subdivision over this site. Summary Noise effects presented by the proposal relate to construction noise, operational noise from the commercial node, the increased residential use of the site, and traffic effects from the increased use. With regard to noise effects from the commercial node, these are mostly related to potential effects from the Café which are controlled by condition of consent controlling hours of operation. Construction noise and vibration are unlikely to exceed levels specified in AUP Chapter E25, and this is also controlled via consent conditions. The noise effects from residential activity and traffic are also likely able to be able to comply with AUP standards for this and are highly anticipated in the SHZ. Based on the above assessments, there will be no resulting unreasonable emission of noise or vibration subject to compliance with recommended conditions of consent.
(g) Any risk to the neighbourhood, the wider community, or the environment through natural hazards or hazardous installations. The site is not prone to any natural hazards and does not involve any hazardous installations. The proposed site levels, infrastructure, and dwellings are all designed in accordance with geotechnical recommendations and there is no risk to the site or surrounds from instability.
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10.2 Assessment of Effects Conclusion
In this instance, an assessment of the actual and potential effects has been provided above in relation to the wider environment, including the public realm.
The adverse effects arising from the development have been discussed above and were found to be less than minor on both the wider environment and on the owners/occupiers of adjacent properties. When establishing the actual and potential effects of any activity in terms it is important to also consider any positive effects of the activity.
The resulting residential intensification for 246 residential dwellings and associated subdivision provides a valuable contribution to the supply of affordable dwellings in Auckland, and also an entirely appropriate response to the social and economic effects brought about by Covid 19 as intended under the C19RFTCA.
These positive environmental outcomes have been further demonstrated by the assessment of wider objectives and policies and assessment criteria (where applicable) in the following sections.
Overall, the proposed IRD and subdivision results in net positive effects on the environment.
11.0 STATUTORY DOCUMENTS Schedule 6 Cl 9(2)& (3) Schedule 6 Clause 9(2) states that an application must have regard to:
(a) a national environmental standard: (b) other regulations made under the Resource Management Act 1991: (c) a national policy statement: (d) a New Zealand coastal policy statement: (e) a regional policy statement or proposed regional policy statement: (f) a plan or proposed plan: (g) a planning document recognised by a relevant iwi authority and lodged with a local authority.
Schedule 6 Clause 9(3) states that an assessment under subclause (1)(h) (relating to an assessment under relevant provisions of the listed documents) must include an assessment of the activity against:
(a) any relevant objectives, policies, or rules in a document listed in subclause (2); and (b) any requirement, condition, or permission in any rules in any of those documents; and (c) any other requirements in any of those documents.
The following lists documents to be considered, but the following assessments only addresses those noted as being relevant to this application:
National Environmental Standards • National Environmental Standard for Air Quality 2014. Relevant and addressed in section 11.1.1 of this report.
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• National Environmental Standard for Sources of Drinking Water. Irrelevant because the site is not a source of drinking water and it is not proposed to provide a private water supply, water will be reticulated supply from Watercare. • National Environmental Standard for Telecommunication Facilities. Irrelevant because the applicant is not a network operator • National Environmental Standards for Electricity Transmission Activities. Irrelevant because the application does not include an activity related to existing electricity transmission lines. • National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NESSC 2011). Relevant and addressed in section 11.1.2 of this report. • National Environmental Standard for Plantation Forestry (irrelevant because the proposal is not for forestry. • National Environmental Standards for Freshwater. Relevant and addressed in section 11.1.3 of this report. • National Environmental Standards for Marine Aquaculture. Irrelevant because the proposal is not for marine aquaculture.
Other regulations made under the Resource Management Act 1991 • Resource Management (Stock Exclusion) Regulations 2020. Irrelevant because the application does not contain any stock, wetlands, lakes or rivers. • Resource Management (Exemption) Regulations 2017. Irrelevant because the regulations identifies herbicides and pesticides and these are not proposed to be used in this application. • Resource Management (Network Utility Operations) Regulations 2016. Irrelevant because the project is not a network utility operation. • Resource Management (Forms, Fees, and Procedure for Auckland Combined Plan) Regulations 2013. These regulations relate to administrative procedures for the then proposed Auckland Unitary Plan. Irrelevant because the project is not a plan change, nor a variation or a submission to either. • Resource Management (Measurement and Reporting of Water Takes) Regulations 2010. Irrelevant because the project is not for a water take. • Resource Management (Discount on Administrative Charges) Regulations 2010 Irrelevant because this application is filed under different legislation. • Resource Management (Forms, Fees, and Procedure) Regulations 2003. Irrelevant because this application is filed under different legislation. • Te Uri o Hau Claims Settlement (Resource Consent Notification) Regulations 2003 Irrelevant because the application site is not within, adjacent to, or impacting directly on a statutory area (land located in the northern Kaipara region, north-west of Wellsford). • Resource Management (Marine Pollution) Regulations 1998. Irrelevant because this application does not fall within the coastal marine area. • Resource Management (Exemption) Regulations 1996. Irrelevant because this application does not involve the use of that pesticide.
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• Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991 Irrelevant because this application does not fall within the coastal marine area.
National Policy Statements • The National Policy Statement on Urban Development. Relevant and addressed at section 11.2.1 of this report. • The National Policy Statement for Fresh Water Management 2020 (NPSFWM).Relevant and addressed as 11.2.2 for this report. • National Policy Statement for Renewable Electricity Generation. Irrelevant, because the application does not contain any renewable electricity generation activities. • National Policy Statement on Electricity Transmission. Irrelevant because the application does not include any electricity transmission activities and the applicant is not a local authority. • The New Zealand Coastal Policy Statement (relevant and addressed at section 11.2.3 of this report.
A regional policy statement or proposed regional policy statement • This is Chapter B of the Auckland Unitary Plan Operative in Part (AUPOIP). Relevant and addressed at 11.3 of this report.
A plan or proposed plan • AUPOIP Relevant and addressed at 11.4 of this report.
A planning document recognised by a relevant iwi authority and lodged with a local authority • Auckland Council have been unable to identify which relevant iwi authorities have lodged a planning document with them. We consider therefore that there are no planning documents recognised by a relevant iwi authority lodged with a local authority. This is addressed at section 11.5 of this report.
The overarching Objectives and Policies, and specific Assessment Criteria where applicable (regarding the AUPOIP) relating to relevant provisions, have been discussed below, with an assessment provided in relation to each section.
11.1 National Environmental Standards
11.1.1 The National Environmental Standard for Air Quality 2014 The Air Quality NES are regulations made under the Resource Management Act 1991. The aim is to set a guaranteed minimum level of health protection for all New Zealanders. This includes provisions controlling the effects of air discharges from certain activities, e.g., prohibition on discharges from burning of certain materials (e.g., tyres, bitumen etc.). It also addresses effects of discharges in the ambient air quality of certain environments – including carbon monoxide from vehicles. While the proposed development will result in additional traffic movements, it is unlikely that these would exceed the levels specified in the Air Quality NES. Other potential air discharges may relate to the use of wood-burners from dwellings once constructed. These are required
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to be designed in order to control emissions within the Design Standard specified in Clause 23. Assessment The proposal will not likely result in discharges exceeding specifies standards in the Air Quality NES, particularly as this is already residentially zoned land.
11.1.2 National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NESCS) The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) is a nationally consistent set of planning controls and soil contaminant values. As a higher-level policy document, the NESCS does not include specific objectives and policies, but rather is used as a tool to implement the purpose of the RMA. It ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed - and if necessary, the land is remediated, or the contaminants contained to make the land safe for human use. As the site is subject to use as an orchard, it has been necessary to complete a Detailed Site Investigation (DSI) and to prepare an appropriate Remediation Action Plan (RAP). These have been completed as discussed above in Section 7.1.7. and Section 10.1(e). An application for earthworks and contamination was submitted to Auckland Council for the preliminary site preparation for site levels and services levels under application BUN60368786. This application is currently close to receiving approval, noting that the contamination aspects of this have not been subject to any requests for further information under S92 of the RMA. The earthworks application report, S92 responses to date, and associated plans are included in Appendix B to the Infrastructure Report in Appendix 11. With regard to this application, the proposed change in use and subdivision requires approval under Clause 5(5) and 5(6) Regulation 10 of the NESCS as a Restricted Discretionary Activity. Restricted Discretionary Activity Assessment Criteria – Regulation 10 Regulation 10(2) States: (2) The activity is a restricted discretionary activity while the following requirements are met: (a) a detailed site investigation of the piece of land must exist: (b) the report on the detailed site investigation must state that the soil contamination exceeds the applicable standard in regulation 7: (c) the consent authority must have the report: (d) conditions arising from the application of subclause (3),if there are any, must be complied with. (3) The matters over which discretion is restricted are as follows: (a) the adequacy of the detailed site investigation, including— (i) site sampling: (ii) laboratory analysis: (iii) risk assessment: (b) the suitability of the piece of land for the proposed activity, given the amount and kind of soil contamination: (c) the approach to the remediation or ongoing management of the piece of land, including— 70 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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(i) the remediation or management methods to address the risk posed by the contaminants to human health: (ii) the timing of the remediation: (iii) the standard of the remediation on completion: (iv) the mitigation methods to address the risk posed by the contaminants to human health: (v) the mitigation measures for the piece of land, including the frequency and location of monitoring of specified contaminants: (d) the adequacy of the site management plan or the site validation report or both, as applicable: (e) the transport, disposal, and tracking of soil and other materials taken away in the course of the activity: (f) the requirement for and conditions of a financial bond: (g) the timing and nature of the review of the conditions in the resource consent: (h) the duration of the resource consent. Consequence if requirement not met (4) If a requirement described in this regulation is not met, the activity is a discretionary activity under regulation 11. Assessment The same assessments and remediation methods as already submitted under application BUN60368786 apply to this application and provided the recommendations in the RAP are implemented including site validation after remediation, the outcomes sought under the NESCS will be achieved, noting this is standard practice for a development of this type and scale.
11.1.3 National Environmental Standards for Freshwater The Freshwater NES are regulations made under Resource Management Act 1991. The aim is to set requirements for carrying out certain activities that pose risks to freshwater and freshwater ecosystems. The Freshwater NES prescribe standards for activities in or around wetlands, as well as providing that reclamation of riverbeds is a discretionary activity. Assessment As stated above, the ecological assessment of the overland flowpath identified on the Council’s GIS system shows this is not classified as a watercourse under the Freshwater NES. It has been assessed that there is no wetland or watercourse on the site. The proposal does not compromise any outcomes anticipated in the Freshwater NES.
11.2 National Policy Statements
11.2.1 National Policy Statement on Urban Development The NPSUD was gazetted on 23 July 2020 and is effective from 20 August 2020. It replaces the National Policy Statement on Urban Capacity 2016. The NPSUD sets out the objectives and policies for planning for well-functioning urban environments under the Resource
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Management Act 1991 and seeks the provision of sufficient development capacity to meet the different needs of people and communities. It contributes to the Urban Growth Agenda (UGA) which aims to remove barriers to the supply of land and infrastructure to make room for cities to grow up and out. The NPSUD does this by addressing constraints in our planning system to ensure growth is enabled and well-functioning urban environments are supported. The MFE website on the NPSUD states that it contains objectives and policies that Councils must give effect to in their resource management decisions. The NPSUD sets out time frames for implementing objectives and policies for three “Tiers” of Councils, with Auckland Council being a “Tier 1” Council. The summary structure and timeframes of the NPSUD are: • Objectives and policies take immediate effect; • Plan changes implementing intensification policies must be notified within two years for Tier 1 and 2 Councils, although Housing and Business Assessments (HBAs) on capacity, and Future Development Strategies (FDSs) to inform plan changes, are required to be completed in time to inform 2024 long term plans; • Plan changes are to follow as soon as monitoring of development supply against demand is completed (being annually), with plan changes to supply additional capacity where needed to be provided within 12 months of the relevant monitoring report. This means new rules in Council plans addressing additional supply are in the order of six years away; • Planning is required to be responsive to proposals addressing development capacity, including unanticipated or out of sequence development; and • Councils are required to prepare a Future Development Strategy (FDS) every six years and update them every three years and provide an implementation plan for their FDS. While the timeframes for plan changes implementing rules through plan changes are some way off, the NPSUD requires adequate consideration of its objectives and policies now. In this regard, there are several objectives and policies in support of intensification satisfying certain criteria such as: • Provision of a variety of homes in terms of price, location, and different households. • Enabling Māori to express their cultural traditions and norms. • Proximity to urban centres or rapid transport. • Supporting reductions in greenhouse gas emissions. • Responding to the effects of climate change. The overall intent of the NPSUD is clear in that where intensification is practical, Councils or other consenting agencies are required to be responsive to such proposals – particularly in relation to proposals that would supply significant development capacity, as set out in Objective 6, Policy 6, and Policy 8. The clear direction for increased intensity in appropriate locations is further obviated under Policy 3 which, for Tier 1 urban environments, seeks that planning documents enable building heights maximising intensification as much as possible. Policy 3(c)(i) seeks to enable building heights of at least six storeys within at least a walkable catchment of existing and planned rapid transit stops. To an extent, while not yet incorporated into the AUP, this applies to this proposal, being within a short walk to an express bus stop (150 – 200m) and 20-minute walk to the Glen Eden Park and Ride and rail station, although the proposed building heights are lesser being two and three storeys.
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Assessment The proposed IRD 246 dwellings and lots will provide a significant increase in development capacity for residential dwellings by a further 239 dwellings over the site area (noting there are seven homes currently on the site to be replaced). If the site were to be subdivided under standard subdivision of lots of 600m2 a yield of approximately 53 lots could be obtained, providing a maximum dwelling yield of 106 (including both principal and minor dwellings) as described above in Section 10.1(a). This is 193 lots and 140 dwellings less than proposed as IRD. The units are a mix of two-bedroom and three-bedroom units, with 148 units dedicated to Kiwibuild, and 98 units to go on the open market. This variation of housing typologies and markets is highly responsive to the provision of a variety of options for different levels of affordability and dwelling occupancy. The location has reasonable access to public open spaces, Glen Eden commercial centre, and rapid transport services. The proposed design responds in terms of anticipated residential amenity under the AUP provisions relating to integrated residential developments in the Single House Zone. There are no significant natural features or watercourses on the site which will be affected, and there are no identified heritage or items of cultural significant to Māori, noting that consultation with iwi has been undertaken and issues of importance have been considered, as set out above in Section 6.1. The proximity to rapid transit will discourage unnecessary vehicle trips, to some degree mitigating potential greenhouse effects by reducing potential emissions from vehicles. The proposal aligns strongly with the outcomes anticipated under the NPSUD.
11.2.2 The National Policy Statement for Freshwater Management 2020 (NPSFWM) This sets out the objectives and policies for freshwater management, including: • Recognition of Te Mana o te Wai in freshwater management; • Reflection of tangata whenua values and interests in decision making; • Improving degraded water bodies using bottom lines as defined in the NPS; • Safeguarding and enhancing the life-supporting capacity of water and associated ecosystems, including threatened ecosystems; • Working towards targets for fish abundance, diversity and passage; and • An integrated approach to management of land and freshwater and coastal water. Assessment The site contains no significant waterbodies. An ecological assessment of the overland flowpath identified on the Council’s GIS system shows this is not classified as a watercourse, given the absence of flowing water and wetland species and other items for consideration under the AUPOIP identification of what constitutes a watercourse. The proposal will be readily able to control any sediment runoff into any waterbodies, given the flat topography, and the application of appropriate sediment control measures. The proposal does not compromise any outcomes anticipated in the NPSFWM.
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11.2.3 New Zealand Coastal Policy Statement 2011 (NCPS 2011) The purpose of the NZCPS is to state policies in order to achieve the purpose of the Resource Management Act 1991 in relation to the coastal environment of New Zealand. The Site’s closest proximity to the coast is approximately 3km to the north-west at an inlet adjacent to Rerewai Reserve. The only consideration in this regard is any potential effect on coastal water quality from discharges. The works to develop the site will be in accordance with best engineering practice in terms of erosion and sediment control, consistent with the AUP and relevant standards (GD05). Stormwater and wastewater discharges are managed through discharge to public infrastructure. The proposal does not compromise any outcomes anticipated in the NZCPS. Assessment The proposed IRD aligns with the NZCPS 2010.
11.3 Auckland Regional Policy Statement The RPS contains the following chapters: • B1 Ngā take matua ā-rohe - Issues of regional significance. Irrelevant because this is an introductory chapter and contains no objectives or policies against which to assess the application. • B2 Tāhuhu whakaruruhau ā-taone - Urban growth and form. Relevant and addressed at 11.3.1 of this report. • B3 Ngā pūnaha hanganga, kawekawe me ngā pūngao - Infrastructure, transport and energy. Irrelevant because the application does not contain transport infrastructure or electricity generation activities, and because the application does not constrain the development, operation, maintenance and upgrading of existing and planned infrastructure. • B4 Te tiaki taonga tuku iho - Natural heritage. Irrelevant because the application does not contain any outstanding natural features and landscapes, protected viewshafts or notable trees and is not in the Waitākere Ranges Heritage Area. • B5 Ngā rawa tuku iho me te āhua - Historic heritage and special character. Irrelevant because the site does not contain any heritage or special character overlays, • B6 Mana Whenua. Irrelevant because the application site is private land and not Māori land or treaty settlement land. • B7 Toitū te whenua, toitū te taiao - Natural resources. Irrelevant because the site does not contain any significant indigenous biodiversity, freshwater systems or minerals and does not affect any coastal water, freshwater and geothermal water. • B8 Toitū te taiwhenua - Coastal environment. Irrelevant because the application is not in a coastal environment. • B9 Toitū te tuawhenua - Rural environment. Irrelevant because the application is not in a rural environment. • B10 Ngā tūpono ki te taiao - Environmental risk. Relevant and discussed at 11.3.2 of this report. • B11 Monitoring and environmental results anticipated. Irrelevant because this chapter sets out the particular indicators that will be used for monitoring the policies 74 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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and methods in the regional policy statement, which is undertaken by a local authority. The applicant is not a local authority.
The following assessments only addresses those chapters noted as being relevant to this application.
11.3.1 B2 Urban Growth and Form– Regional Objectives | Policies It is considered that IRD’s and this IRD application in particular finds strong support in Chapter B2 of the RPS. More specifically: • B2.1 (3) identifies, as an issue, the need for growth to be provided in a way which optimises the efficient use of the existing urban area. IRDs are a mechanism for enabling optimised development of large sites, and CPM has shown above that much greater residential capacity can be achieved through this IRD than a conventional residential development.
• B2.2.1(2), identifies as an objective that urban growth is primarily accommodated within the 2016 urban area. By optimising development intensity IRDs assist to reduce pressure to expand beyond the 2016 urban area.
• B2.3.1(1) identifies the objective of a quality-built environment. More specifically: • Responding to the intrinsic qualities and physical characteristics of the site – the Nola site is well suited to intensification because it is not subject to any material overlay controls (SEA, heritage etc); • The development does not challenge the hierarchy of centres and corridors, which is a retail location/hierarchy issue; • It contributes to a diverse mix of choice and opportunity for people and communities by providing a significant increase in the range of affordable houses in a location that has a shortage of such housing, as demonstrated by the economic assessment in Appendix 24; • It maximises resource and infrastructure efficiency by providing a greater residential intensity than a conventional subdivision and it is close to public transport; and • It responds to the effects of climate change, in that the site is sufficiently distant from the sea or watercourses to be low risk and the overland flow path (1:10+years) is enabled through the site. • B2.4.2(11) is a policy addressing affordable housing and seeks to enable a sufficient supply and diverse range of dwelling types and sizes that meet the housing needs of people and communities, including households on low to moderate incomes.
Assessment The proposed IRD achieves the outcomes sought under the RPS objectives and policies to a significant extent as discussed above, and in a location which needs more affordable housing. A conventional subdivision would create little or no affordable housing.
It is of course acknowledged that the RPS and zone provisions recognise the need to manage effects of residential intensity. The IRD largely achieves that by having less coverage than a conventional subdivision with a slightly higher GFA, along with substantial compliance with the relevant zone development controls as discussed above in Section 10.0 – Assessment of Effects on the Environment.
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11.3.2 B10 Environmental Risk The relevant objectives and policies can be summarised as: • New subdivision, use and development avoid the creation of new risks to people, property and infrastructure; • Ensuring that the conveyance function of overland flow paths is maintained; • Human health and the quality of air, land and water resources are protected by the identification, management and remediation of land that is contaminated; • Manage or remediate land that is contaminated where: (a) the level of contamination renders the land unsuitable for its existing or proposed use.
Assessment The above sections of the AEE address the potential risks to property and infrastructure through the infrastructure report (Appendix 11) and detailed site investigation and remediation action plan (Appendix 23).
The proposal accords with the overarching objectives and policies of Chapter B10 of the RPS.
11.4 Auckland Unitary Plan Operative in Part
11.4.1 H3.2 and H3.3 – Single House Zone: Objectives | Policies The objectives and policies for the SHZ are included under Sections H3.2 and H3.3. Without exhaustive listing of the objective and policies, they can be summarised as:
• Complementing established or planned residential character of predominantly one to two storey dwellings. • Provision of quality on-site and off-site residential amenity through urban design, landscaping, and safety (e.g. encouraging passive surveillance of public spaces). • Non-residential activities provide for the community’s social, economic, and cultural well- being, while keeping in scale with the character of development anticipated by the zone. • Mitigating adverse effects on water quality through controlling impervious areas. • To provide for integrated residential development on larger sites
Assessment
The above Sections of this AEE set out the design philosophy for the proposed IRD which essentially:
• Relies on core SHZ development controls over a site-wide basis as a means of respecting the location of the development in the SHZ. • Has been carefully designed through a combination of a high standard of architectural, planning, urban design (including the applicant’s urban designer as well as the Council’s Urban Design Panel), landscaping, and engineering inputs. • Provides non-residential activities in a small appropriately sized commercial node supporting the proposed IRD community as well as the wider existing residential community without adversely affecting any business zoned activities in the wider location.
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• Achieves a good balance of providing affordable housing in an area where this is required in a location suited to the proposed intensity, with the character of the receiving environment resulting in less than minor effects on the receiving environment.
Given the above, the proposal accords with the overarching objectives and policies relating to the proposed IRD, noting the strong policy intent of providing for IRD’s under Policy H3.3(8) (emphasis added in bold):
(8) To provide for integrated residential development on larger sites.
11.4.2 E8 Stormwater Discharges: Objectives | Policies | Assessment Criteria Stormwater discharges from the site will arise from new impervious areas for the proposed dwellings, roads, JOAL’s, and other impervious areas as set out above in Section 7.1.8. The proposal includes stormwater discharges from greater than 5,000m2 of roads (including proposed public roads and JOAL’s) complying with Standard E8.6.1 and Standard E8.6.4.1, requiring an application for a restricted discretionary activity under Rule E8.4.1(A5). In addition to this, the proposal includes stormwater discharges from impervious areas greater than 5,000m2 requiring an application for a discretionary activity under Rule E8.4.1(A10). As such there are no assessment criteria for the discretionary activity under Rule E8.4.1(A1), but there are some specific standards required to be complied with. The following assessment addresses relevant standards and objectives and policies for both activities and the restricted discretionary activity criteria for the discharges from roads. Objectives and Policies The objectives and policies for stormwater discharges are located under Rules E8.2 and E8.3 which in turn reference objectives and policies listed under Chapter E1 Water quality and integrated management and E2 Water quality, allocation and use. These are not exhaustively listed here, but the outcomes sought under these objectives and policies are summarised as: • Freshwater quality is maintained or enhanced if located in a degraded area. • Stormwater networks are managed to protect public health and safety and prevent or minimize adverse effects of contaminants on freshwater and coastal water quality in line with the National Policy Statement for Freshwater Management National Bottom Lines and other indicators of freshwater quality and ecosystem health. • Taking an integrated approach to stormwater management. • Minimising the generation of contaminants from high contaminant generating car parks and high use roads and into sensitive receiving environments. • Where water is proposed to be diverted, to manage this so that adverse effects are avoided on existing buildings, structures, flood areas, streams (including river banks, heritage and cultural areas and items, people and communities, and the quality of water and ecosystems.
E8.6.1 General Standards All permitted activities, controlled activities and restricted discretionary activities listed in Table E8.4.1 Activity table must meet the following standards, except for activity E8.4.1(A1) Stormwater runoff
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Integrated Residential Development and Subdivision Marc 2021 from lawfully established impervious areas directed into an authorised stormwater network or a combined sewer network. (1) The design of the proposed stormwater management device(s) must be consistent with any relevant precinct plan that addresses or addressed stormwater matters. (2) The diversion and discharge must not cause or increase scouring or erosion at the point of discharge or downstream. (3) The diversion and discharge must not result in or increase the following: (a) flooding of other properties in rainfall events up to the 10 per cent annual exceedance probability (AEP); or (b) inundation of buildings on other properties in events up to the 1 per cent annual exceedance probability (AEP). (4) The diversion and discharge must not cause or increase nuisance or damage to other properties. (5) The diversion and discharge of stormwater runoff must not give rise to the following in any surface water or coastal water: (a) the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials; (b) any conspicuous change in the colour or visual clarity; (c) any emission of objectionable odour; (d) the rendering of fresh water unsuitable for consumption by farm animals; or (e) any significant adverse effects on aquatic life. E8.6.4.1 - Restricted Discretionary Activity Standards (1) Where stormwater runoff is directed to an existing stormwater network, including road side drainages, swales and catchpits, these must be managed and maintained to ensure effective operation and to prevent erosion, sediment generation and discharge. (2) Any road ancillary area must not be used for: (a) storage of roading and building materials that are not inert for more than 30 days continuously; (b) works / building yards. (3) Where stormwater runoff from an impervious area is discharged into a stream receiving environment, it must be managed by a stormwater management device to meet the hydrology mitigation requirements E10.6.3.1.1(1) specified for Stormwater management area – Flow 1 in Table E10.6.3.1.1 Hydrology mitigation requirements, except as provided for in E10.6.3.1.1(2). (4) Stormwater management devices must be provided to reduce or remove contaminants from stormwater runoff.
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E8.8 Assessment – restricted discretionary activities, E8.8.1. Matters of discretion. The Council will restrict its discretion to all of the following matters when assessing a restricted discretionary resource consent application: (2) for diversion and discharge of stormwater runoff from additional impervious areas greater than 5,000m2 of road (which include road ancillary areas that are part of a road, motorway or state highway operated by a road controlling authority) or rail corridor: (a) the methods proposed for the management of the adverse effects on receiving environments, including cumulative effects, having regard to: (i) the nature, volume and peak flow of the stormwater runoff discharge; (ii) the sensitivity of the receiving environment to stormwater runoff contaminants and flows; (iii) the extent to which opportunities to reduce existing adverse effects and enhance receiving environments have been identified and utilised; (iv) where stormwater runoff is discharged to a stream receiving environment, the extent to which the diversion and discharge is managed to achieve the following: • maintain baseflow and interflow at the predevelopment conditions; • reduce the duration and intensity of flows which will cause erosion and habitat degradation; • reduce runoff volumes to pre-development conditions; and • utilise natural flow paths and streams to help slow down water flows; and (v) the extent to which effects on marine sediment quality, are avoided, remedied or mitigated. (b) the measures proposed for the management of the adverse effects of the stormwater runoff diversion and discharge on receiving environments having regard to best practicable options; (c) the measures proposed for the implementation of stormwater management devices and other measures and programmes that give effect to the best practicable option; (d) the methods proposed for the management and mitigation of flood effects and flood risks, including effects on buildings and property; (e) the likely effectiveness of the proposed methods and measures to avoid land instability, erosion, scour and flood risk to buildings and property; (f) the likely effectiveness of the proposed location, design and method of the discharge in managing or mitigating potential adverse effects on the environment; (g) the methods proposed for the management of stormwater flow and contaminants and for the implementation of stormwater management devices and other measures; (h) the proposed methods for stormwater runoff disposal through soakage, or infiltration having regard to the need for managing water levels in underlying peat soils and for ground stability, where those conditions are relevant; (i) the extent to which effects on Mana Whenua values are avoided remedied or mitigated; (j) the likely effectiveness of the proposed operations and maintenance requirements in ensuring the ongoing and long-term management of adverse effects on the environment; (k) the extent to which proposal for monitoring and reporting are likely to be sufficient to ensure that any performance failures are addressed without undue delay; and (l) the proposed duration of the consent and the timing and nature of reviews of consent conditions
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having regard to: (i) the need to periodically reassess the consent to take account of any changes in the nature of the discharge or the receiving environment; and (ii) the need to set duration and review periods having regard to efficiency and effectiveness
E8.8.2. Assessment criteria The Council will have regard to the following policies when considering the matters listed above: … (2) for diversion and discharge of stormwater runoff from additional impervious areas greater than 5,000m2 of road (which include road ancillary areas that are part of a road, motorway or state highway operated by a road controlling authority) or rail corridor: (a) policies E1.3(1) to (14) in E1 Water quality and integrated management.
Assessment The proposed development has been designed in order to control, attenuate, treat, and discharge stormwater as set out above in Section 7.1.8. This describes how the stormwater is not just attenuated and discharged, but also treated from the public roads via stormwater treatment devices such as raingardens and from the JOAL’s via filter traps.
Earthworks and stormwater design helps to achieve the positive benefit of lessening potential flood effects from flows entering the site, with sufficient on-site detention to maintain flows at the exit point thereby achieving hydrological neutrality.
The proposed stormwater discharges from the site therefore align with the relevant objectives and policies, standards, and assessment criteria set out above.
11.4.3 E36 Piping an overland flow path : Objectives | Policies | Assessment Criteria It is proposed to pipe the overland flow path (OLFP) through the site. Consequently per Rule E36.4.1(A41) of the AUP this is a Restricted Discretionary Activity. The relevant objectives and policies and assessment criteria are set out below, noting there are no specified restricted discretionary activity standards.
Objectives and Policies
The objectives and policies are set out under Rules E36.2 and E36.3. A summary of the outcomes sought under these is:
• Adverse effects resulting from subdivision and development are to be avoided taking climate change into account. • Where there is a functional need to locate in a natural hazard area the risk to people, property, and the environment shall be assessed and significant adverse effects are sought be first avoided or otherwise mitigated using the best practicable method. • The safe conveyance and function of overland flowpaths is maintained. • Where appropriate, natural features and buffers are used in preference to hard protection structures to manage natural hazards.
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E36.8.1 Assessment – restricted discretionary activities, Matters of discretion The Council will reserve its control to all of the following matters when assessing a controlled activity resource consent application: Activities in overland flow paths (12) for diverting the entry or exit point, piping or reducing the capacity in any part of an overland flow path: (a) the potential impacts on the overland flow path including: (i) the obstruction of flows; and (ii) any change to location and capacity; and (iii) any changes in depth and velocity of flow; and (iv) any change to overland flow on other properties. (b) the provision of alternative overland flow paths; (c) the extent of any associated earthworks; and (d) the extent to which methods for long term maintenance of areas affected by flooding, such as easements, are provided.
E38.8.2 Assessment Criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: (12) for diverting the entry or exit point, piping or reducing the capacity in any part of an overland flow path: (a) the extent to which the continuity of the overland flow paths both within the site and upstream and downstream of the site will be maintained; (b) the extent to which and how the effects on other properties from the diversion or alteration of the overland flow path will be avoided or mitigated; (c) the extent to which and how scouring and erosion will be managed; (d) the extent to which and how the proposal will avoid, or mitigate adverse effects on stream ecology; (e) the extent of long-term maintenance proposed, ensuring that, when appropriate, an easement in favour of Council is created to limit further changes to the overland flow path; and (f) the extent to which design and management measures are proposed to manage risk to a building, its occupants or contents.
Assessment The overland flow path is partly piped and is described in the Watercourse Classification Report in Appendix 10 as an ephemeral flow path, and the report noted that “due to the complete lack of stream characteristics, and highly modified nature of the site and surrounding environment, it was considered highly likely that the predicted stream ‘A’ has been piped”.
The watercourse evaluation concludes that the overland flow path is defined as an ephemeral flow path, and that it complies with the permitted activity standards for activities undertaken in, on, or over the bed of an ephemeral stream under Rule E3.4.1(A53) of the Auckland Unitary Plan. Accordingly, the overland flow path has negligible ecological values and the piping of this 81 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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does not impact any ecological habitats.
With regard to the function of the overland flow path, the proposed piping does not affect this as the flows are maintained through the same entry and exit point as described in the Appendix 11 Infrastructure Report.
11.4.4 E27 Traffic : Objectives | Policies | Assessment Criteria There are several infringements identified with regard to traffic matters as set out above in Section 9.1 – Reasons for Consent, specifically: • New vehicle crossing to a vehicle access restriction road (West Coast Road is shown as an arterial road on the Council GIS) as a Restricted Discretionary Activity under Rule E27.4.1(A5). • Number of parking spaces not complying with Standard E27.6.2.4 (T46) requiring one park per dwelling – with a four car park shortfall this is a restricted discretionary activity under Rule E27.4.1(A2). • A loading bay is required for the residential development which has more than 5,000m2 GFA and none is provided being a restricted discretionary activity under Standard E27.6.2.7 and Rule E27.4.1(A2). • Traffic generation from more that 100 new dwellings this is a restricted discretionary activity under Standard E27.6.1 and Rule E27.4.1(A2). • Reverse manouevring onto JOAL’s serving more than four lots is a restricted discretionary activity under Standard E27.6.3.4 and Rule E27.4.1(A2). These infringements and associated assessment criteria are identified and assessed in Section 6.0 – Auckland Unitary Plan Assessment Criteria, in the TIA in Appendix 12. We refer to this section with regard to these assessment criteria, but summarise this below along with a summary comment on the relevant Objectives and Policies as identified below.
The Objectives and Policies are within Rules E27.2 and E27.3 respectively and these are not exhaustively listed here, but the outcomes sought under these are summarised below as:
• Land use and traffic modes (including public transport, walking, cycling, private vehicles and freight) shall be integrated to realise the benefits of an integrated transportation network. • The adverse effects of traffic generation on the transport network are managed. • Parking and loading supports urban growth and a quality compact urban form. • The provision of safe and efficient parking, loading, and access is commensurate with the character, scale, and intensity of the Zone (in this case the SHZ). • Pedestrian safety and amenity along public footpaths is prioritised.
Assessment The proposal has been designed with input from Traffic Planning Consultants who are highly experienced with transportation issues and design considerations for large scale proposals such as this. The transportation characteristics of the proposal in this location in terms of the internal and external effects are assessed in detail in the TIA included in Appendix 12. This includes the five 82 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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infringements identified above and concludes that these will not have any significant impact on the safe and efficient operation of the proposed or existing road network. The assessments of the proposal against the relevant assessment criteria are included in Section 6.0 of the TIA and with regard to this, the TIA concludes that:
Review of the transport standards has identified five items which require consent under the E27 standards of the Auckland Unitary Plan which have been addressed in this report concluding that the potential adverse effects arising from these infringements will be no more than minor on the operation and safety of the surrounding road network. The proposal clearly aligns with the objectives and policies and has demonstrated that the infringements identified result in less than minor adverse effects overall.
11.4.5 E38 Subdivision: Objectives | Policies | Assessment Criteria The subdivision of the site relates to the subdivision of the approved IRD being a ‘land use led’ application. Accordingly, the subdivision is applied for under Rule E38.4.1(A14) – Subdivision in accordance with an approved land use consent complying with Standard E38.8.2.1 as a restricted discretionary activity. Standard E38.8.2.1 simply states that subdivision must comply with the land use to which it relates. The objectives and policies are summarised below and the assessment criteria identified and assessed. The objectives and policies are included in Rules E38.2 and E38.3 respectively. In summary, those relevant to this proposal seek the following outcomes: • Land is subdivided to achieve the objectives of the residential zones, relevant overlays, and Auckland wide provisions. • Land is subdivided to provide for the long-term needs of the community and minimises adverse effects on the environment. • Infrastructure supporting subdivision and development is provided in an integrated manner, and is protected from incompatible subdivision or development. • Subdivision is designed to be safe, efficient and accessible. • Subdivision manages adverse effects on historic heritage or Maori cultural heritage. • Subdivision maintains or enhances natural features and landscapes that contribute toward amenity values of areas. • Subdivision avoids risk to people or property from natural hazards, including flooding effects taking climate change into account.
E38.12 Assessment – restricted discretionary activities E38.12.1 Matters of Discretion The Council will restrict its discretion to all of the following matters when assessing a restricted discretionary resource consent application: (6) subdivision around existing buildings and development; and subdivision in accordance with an
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approved land use resource consent: (a) the effect of the design and layout of the proposed sites created. E38.12.2 Assessment Criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below: (6) subdivision around existing buildings and development, and subdivision in accordance with an approved land use resource consent: (a) the effect of the design and layout of the proposed sites created: (i) whether the design and layout of the proposed sites created result in new or increased non- compliance with Auckland-wide and zone rules; (ii) whether there is appropriate provision made for infrastructure; (iii) whether there is appropriate creation of common areas over parts of the parent site that require access by more than one site within the subdivision; and (iv) refer to Policies E38.3(1) and (6) Note: Policies E38.3(1) and (6) specifically state: (3) Require subdivision design to respond to the natural landscapes by: (a) avoiding building platforms and, where practicable, infrastructure, on identified or dominant ridgelines on sites zoned Residential – Large Lot Zone or Residential – Rural and Coastal Settlement Zone; (b) locating and designing roads, access and infrastructure in a manner which minimises earthworks; and (c) locating roads and development to follow land contours. (6) Provide for subdivision around existing development, and where it enables creation of sites for uses that are in accordance with an approved land use resource consent and where there is compliance with Auckland-wide and zone rules
The overall thrust of the objectives and policies and assessment criteria is to ensure that subdivision is achieved in an integrated manner which achieves:
• The approved land use consent design. • Complementing the anticipated character of the receiving zone. • Avoidance of adverse effects on significant natural features. • Appropriate provision of accommodation for future generations. • Avoidance of adverse effects on the environment. • Avoidance of natural hazards. • Efficiency in accessibility and safety for the occupants. • Recognition and protection of historic and cultural heritage. • Avoidance of natural hazards. • Avoidance of further areas of non-compliance of an approved land use after subdivision.
The proposed subdivision is applied for on the basis of subdivision relating to an approved land use, being the IRD. In this regard, reference to compliance with Auckland-wide and zone rules needs to be considered in the context of this land-use led subdivision, noting that as a discretionary activity IRD there are no specified standards to be complied with, so the application is considered on its merits in terms of effects and in terms of compliance with
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objectives and policies.
To a large extent, the effects of the lots and layouts for the proposed IRD are already assessed under the IRD land use proposal, which is why the AUPOIP provides for subdivision around this.
The land use application has carefully respected the core development controls of the SHZ by largely complying with the site coverage, yards, landscaping, height, height in relation to boundary, impervious and pervious area controls. As an IRD with no specified development controls to be complied with, it is considered that proposing an IRD respectful of the receiving SHZ character and SHZ objectives and policies, and also respectful of the purpose of an IRD to provide higher density on larger sites, demonstrates compliance with the zone rules, and the subdivision of this land use simply rationalises the land use approved in tenure terms. The subdivision and development of this site for the proposed IRD has demonstrated in the assessments in this report that it can be achieved in a manner which aligns with the relevant objectives and policies and assessment criteria, and will result in a significant net environmental gain overall through making the most efficient use of the land, providing additional affordable housing, and assisting with economic and social adversities brought about by Covid 19 through the provision of employment for construction, and to a lesser degree through the commercial node introduced as part of the application.
11.5 A planning document recognised by a relevant iwi authority and lodged with a local authority Schedule 6, clause 9(1)(h) states that every consent application must include an assessment of the activity against any relevant provisions in any of the documents listed in subclause (2), which at (2)(g) includes any planning document recognised by a relevant iwi authority and lodged with a local authority. For brevity we will refer to such documents as “iwi management plans”, which is what they are commonly known as.
4.5 The fast-track Act includes a definition of relevant iwi authority:
“relevant iwi authority means,— … (b) in relation to listed projects and referred projects and in the rest of this Act, means an iwi authority whose area of interest includes the area in which a project will occur”
The Ministry for the Environment in their Section 17 report identify the following relevant iwi authorities:
• Ngāti Whātua o Ōrākei Trust Board • Te Kawerau Iwi Settlement Trust • Ngāti Tamaoho Trust • Ngāti Tamaterā Treaty Settlement Trust • Te Rūnanga o Ngāti Whātua • Te Ākitai Waiohua Iwi Authority • Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua • Te Whakakitenga o Waikato Incorporated
We contacted Auckland Council to ascertain whether any iwi management plan by the above relevant iwi authorities has been lodged with them.
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Kelly Parekowhai, Māori Outcomes Lead, Regulatory Services for Auckland Council advised that the Maori Outcomes unit are not in favour of supplying iwi management plans and that applicants should contact the relevant iwi directly to obtain their iwi management plan. Ms Parekowhai would not advise which relevant iwi had lodged an iwi management plan with the Council.
CPM has subsequently contacted Auckland Council’s legal team and the EPA for assistance in determining whether a relevant iwi has lodged a planning document with Auckland Council (the relevant local authority). Auckland Council has advised that “the status of iwi documents held by council is unclear.” (email from Christian Brown dated 19 March 2021, Appendix 28) CPM has filed a LGOIMA request with Auckland Council (attached to the cover letter) and is awaiting the Council’s response to that request.
We also contacted all of the above iwi to ask whether they have a relevant planning document and, if so, whether that relevant planning document has been lodged with Auckland Council. The iwi who responded (Ngāti Whātua Ōrākei and Ngati Tamaoho) did not answer our question and instead deferred to Te Kawerau ā Maki (Appendix 3 page 6).
In summary: • At the time of filing this application, most iwi have deferred to another iwi (either to Te Kawerau ā Maki or mana whenua) and they have not confirmed whether they have lodged a planning document with Auckland Council.
We consider that the iwi who have deferred on this application are not relevant to this application and so their iwi management plans are not “a planning document recognised by a relevant iwi authority and lodged with a local authority” for the purpose of Schedule 6, clause 9(2)(g) and therefore any planning documents recognised by those iwi do not need to be considered. The iwi who fall into this category are:
o Ngāti Whātua Ōrākei (deferred to Te Kawerau ā Maki); o Ngāti Tamaoho (deferred to Te Kawerau ā Maki); o Te Rūnanga o Ngāti Whātua (deferred to Nga Maunga Whakahi o Kaipara. We note that the application site is outside of the Ngāti Whātua o Kaipara rohe): and o Waikato Taunui (deferred to mana whenua).
• There are three iwi authorities (four iwi representatives) who have not responded to any communication and so it is not known whether they defer to Te Kawerau ā Maki. The iwi representatives who fall into this category are:
o Ngāti Tamaterā; o Te Ākitai Waiohua; o Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua (Ngāti Te Ata); and o Ngāti Te Ata Claims Support Whānau Trust (Ngāti Te Ata);
• Therefore the applicant has concluded that, in relation to these iwi, there is presently no evidence that there is a planning document recognised by a relevant iwi authority which has been lodged with Auckland Council. Accordingly, there is no document to be assessed.
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Te Kawerau ā Maki’s interests are addressed in section 11.5.2.
11.5.1 Ngāti Whātua o Ōrākei Trust Board Ngāti Whātua o Ōrākei Trust Board have deferred to Te Kawerau ā Maki as “this is outside of Ngāti Whātua Ōrākei primary rohe of interest” (email dated 18 March 2021 at Appendix 3). For this reason they are not a relevant iwi authority and we have not requested a copy of the iwi management plan from Ngāti Whātua o Ōrākei.
Out of an abundance of caution, the following theme-based assessment is made against the iwi management plan located on Whātua o Ōrākei Trust Board’s website at http://ngatiwhatuaorakei.com/wp- content/uploads/2019/08/58087_Ngati_Whatua_Orakei_Iwi_Management_Plan_FINAL.pdf .
The relevant themes we have identified are: • A significant shift in investment away from car based transport towards mass transit and low carbon modes including rail, bus, cycling and walking; • Incorporation of energy-efficient design into new developments; • Incorporate of native trees and other vegetation into new developments; • Recycling facilities provided in all public spaces and buildings; • Water should be managed, and where necessary restored, to maintain or enhance mauri and to protect ecosystem, amenity, and mana whenua values; • The use of sustainable (low impact) design practice for the management of surface water runoff should be incorporated into new development; • No discharge of untreated surface water from urban areas; • Existing waterways which have been engineered by culverting, channel modification or underground piping, should be restored where possible to a natural condition, including daylighting, channel naturalisation and Increased riparian planting; • Wastewater management systems should be well maintained and function effectively; • The direct discharge of wastewater into rivers, lakes and the sea should be avoided; • Maunga, suburbs, locations, streets, buildings should be identified using traditional names and symbols / artworks, even where original sites are now invisible or removed.
We consider that the project is consistent with the relevant themes of the iwi management plan, for the following reasons: • The development is located close to public transport and the fact that each dwelling has one car park allocated will promote the use of alternative low- carbon modes of transport. • The development also includes energy-efficient design and construction and incorporates native trees and vegetation into the landscaping elements. • The stormwater management includes both retention and detention, which is sustainable and retains the natural hydrology as far as possible.
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• The project connects to the public wastewater network.
11.5.2 Te Kawerau Iwi Settlement Trust We contacted Te Kawerau ā Maki to obtain a copy of their iwi management plan. They advised that it is currently in draft and is being peer reviewed. As such, the draft has not been formally lodged with Auckland Council. They confirmed that they have not previously had an iwi management plan i.e. this is the first and only one. They have provided us with excerpts from the draft copy. They have not given us consent to share this document with the EPA. They advise that they are available to be contacted directly by the EPA if more information is needed. A copy of their email dated 17 March 2021 is included in Appendix 3. The draft iwi management plan includes a number of objectives and policies, which we respectfully suggest can be summarised into the following themes. We are not seeking to narrow the scope or reduce the importance of the draft iwi management plan, but equally wanted to cross check the development against the outcomes which are sought while recognising the draft nature of the documents provided.
The themes we have identified are: • The sustainable use and development of land; • As the population grows, the associated impact on the environment and natural resources decreases; • Homes, mahinga kai species and cultural heritage are protected from, and resilient to, natural hazards, disasters and a changing climate; • The recognition of the interests of TKM, their role as a Treaty partner, and the food-producing and life-supporting capacity of soils and waterways; • The promotion of green space, the preservation and enhancement of wetlands, soils, native habitat, natural waterways, and dark skies, including ‘no go’ areas and the establishment of a greenbelt and rewilding areas, recognition and enhancement of the values associated with cultural landscapes, warm, affordable and higher density housing, a multi-modal transportation system, and a sense of community; • Avoiding development on ridgelines; • Requiring land use planning and development to incorporate of energy use efficiency measures, water conservation measures (e.g. onsite water storage), water use efficiency measures, and measures to reduce the environmental and cultural impacts of stormwater and wastewater. • Celebrating traditional place names and acknowledging significant sites and landmarks; • Reducing motor vehicle reliance; • Protecting and enhancing natural, ecological, and cultural values; • Reducing and minimising light pollution; • Reduction of construction waste and recycling of construction materials; • Ensuring that there is sufficient capacity within City stormwater and wastewater infrastructure to cope with more frequent extreme rainfall events.
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Taking into consideration the broad themes of the draft iwi management plan, we consider that the project is consistent with the strategic direction of the draft iwi management plan. Obviously, this is best demonstrated through the letter of support from Te Kawerau ā Maki, but the lack of watercourses and wetlands on site, the provision of internal communal facilities and recreation spaces, along with efficient design and construction all align with the identified themes.
11.5.3 Ngāti Tamaoho Trust Ngāti Tamaoho have deferred to Te Kawerau ā Maki, stating that “While Ngati Tamaoho has an interest here, in this instance we will defer to Te Kawerau A Maki” (email dated 12 February 2021 at Appendix 3). For this reason, they are not a relevant iwi authority and we have not requested a copy of the iwi management plan.
11.5.4 Ngāti Tamaterā Treaty Settlement Trust Neither Ngāti Tamaterā, nor Auckland Council have advised that Ngāti Tamaterā recognise a planning document which has been lodged with Auckland Council. Accordingly, on the balance of probabilities, there is nothing to assess and so no assessment needs to be made.
11.5.5 Te Rūnanga o Ngāti Whātua Ngāti Whātua have deferred to Ngā Maunga Whakahī o Kaipara: “Te Rūnanga o Ngāti Whātua recognises the primary interest of Ngā Maunga Whakahī o Kaipara in this area which will restrict any engagement on this matter unless specifically requested by Ngā Maunga Whakahī o Kaipara.” (email dated 12 February 2021 at Appendix 3).
We note that the application site is outside of the Ngāti Whātua o Kaipara rohe
For this reason, neither Ngāti Whātua nor Ngāti Whātua o Kaipara are a relevant iwi authority and we have not requested a copy of their iwi management plans.
11.5.6 Te Ākitai Waiohua Iwi Authority Neither Te Ākitai Waiohua, nor Auckland Council have advised that Te Ākitai Waiohua recognise a planning document which has been lodged with Auckland Council. Accordingly, on the balance of probabilities, there is nothing to assess and so no assessment needs to be made.
11.5.7 Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua Neither Ngāti Te Ata, nor Auckland Council have advised that Ngāti Te Ata recognise a planning document which has been lodged with Auckland Council. Accordingly, on the balance of probabilities, there is nothing to assess and so no assessment needs to be made.
11.5.8 Te Whakakitenga o Waikato Incorporated Waikato Tainui have deferred to mana whenua, “In localized matters such as this Waikato- Tainui supports Manawhenua to take the lead role. To that end Waikato-Tainui will withdraw from the discussion.” (email dated 11 March 2021 at Appendix 3). For this reason, they are not a relevant iwi authority and we have not requested a copy of the iwi management plan.
Out of an abundance of caution, the following theme-based assessment is made against the iwi management plan located on Te Whakakitenga o Waikato Incorporated’s website at https://waikatotainui.com/wp-content/uploads/2020/11/Tai-Tumu-Tai-Pari-Tai-Ao-PLAN- ENGLISH.pdf.The relevant themes we have identified are:
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• The life supporting capacity of land and soils effectively manages soil nutrient loss and water quality so there is minimal impact on nutrient loss to waterways. • To ensure that the impact of contaminated land is effectively managed and, where possible and practicable, mitigate and restore the contaminated land. • Development enhances the environment; • Urban and rural development is well planned and the environmental, cultural, spiritual, and social outcomes are positive; • Land use and development has positive environmental and cultural effects. This includes low impact design principles for developments;
We consider that the project is consistent with the relevant themes of the iwi management plan. The lack of rivers and wetlands on the application site, the management of sediment during construction, the restoration of the contaminated areas of the site, provision of internal communal facilities and recreation spaces, along with efficient design and construction all align with the identified themes.
11.6 Assessment Summary We consider that the land use application is consistent with the relevant provisions of the relevant National Policy Statements and National Environmental Standards, the Auckland regional policy statement and the AUPOIP, and also achieves the purpose of the C19RFTCA.
The proposed design and engineering solutions, coupled with conditions of consent will ensure suitable environmental outcomes, and result in a significant positive outcome in both RMA and C19RFTCA terms.
Overall, the effects of the proposal are positive in that it enables residential development to be established in a manner achieving high quality on-site outcomes while not adversely affecting surrounding neighbours or the wider environment and provides for the future well- being of people by providing additional affordable housing while also providing additional jobs.
12.0 Proposed Conditions of Consent (Schedule 6 Cl 9(1)(j) & 35(2) & (3))
Schedule 6 Cl 9(1)(j) stated that any application for resource consent must state the conditions that the applicant proposes for the resource consent.
Schedule 6 Cl35(2) states that a Panel may grant consent subject to conditions is considers appropriate.
Schedule 6 Cl 35(3) states Sections 108, 108A to 112, and 220 of the Resource Management Act 1991 apply to conditions imposed under subclause (2), subject to all necessary modifications, including the following:
(a) a reference to a consent authority must be read as a reference to a panel; and (b) a reference to services or works must be read as a reference to any activities related to
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the project that is the subject of the consent application.
The applicant is willing to accept conditions of consent appropriate to the scale and nature of the proposed activities.
To assist with the Decision, in accordance with Schedule 6 Cl 9(1)(j) we have prepared a set of draft consent conditions for land use (residential development, stormwater discharges, earthworks, and contamination) and for subdivision. These are included in Appendix 21.
These include the standard cultural heritage discovery protocols, and also that a condition of consent is included requiring results of contamination testing and associated remediation methods and skite validation results to be submitted to Te Kawerau ā Maki as requested in this mana whenua’s email of 28 October 2020 as set out above in Section 6.1.
These also include conditions of consent recommending the inclusion of landscape items and road names agreed with Te Kawerau ā Maki upon further engagement.
Should consent be granted, it is requested that draft conditions of consent are provided to the applicant for review prior to the release of the consent.
13.0 Schedule 6 Cl 32(1) & (2) and S104D RMA – Non-complying Activity Effects and Objectives and Policies Schedule 6 Cl 32(1) and (2) state:
(1) Sections 104A to 104D, 105 to 107, and 138A(1), (2), (5), and (6) of the Resource Management Act 1991 apply to a panel’s consideration of a consent application for a referred project.
(2) The provisions referred to in subclause (1) apply with all necessary modifications, including that a reference to a consent authority must be read as a reference to a panel.
The matters pertinent to the relevant restricted discretionary and discretionary activities in this application have been assessed above.
By virtue of the proposed retail activities in the commercial node, the overall activity status of the application is non-complying.
We acknowledge here also that it is the Council’s opinion that the application is also non- complying for two reasons: it does not comply with the definition of an IRD, and that the separate activity of more than one house on a site is not complied with. We strongly disagree with these interpretations as set out in the legal opinion of Berry Simons in Appendix 7. For that reason, the only non-complying element addressed in this AEE relates to the proposed retail activity.
We note here that retail of no more than 100m2 GFA is anticipated as a restricted discretionary activity in the SHZ and the proposed retail units (uses not yet defined) are each no more than 100m2 GFA in order to respect a suitable scale of commercial activity per use in the SHZ.
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a resource consent for a non-complying activity if either –
(a) the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or (b) the application is for an activity that will not be contrary to the objectives and policies of— (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.
Assessment The proposal has been assessed in the above sections of this AEE to meet both of these gateway requirements in that there are resulting net positive effects, and the proposal aligns with all relevant objectives and policies.
It is noted that the only non-complying aspect of the application relates to the three small scale retail outlets which in themselves achieve positive effects in this context through additional services to the future and existing surrounding residents, and also through additional employment opportunity.
Based on the above assessments it is concluded that the ECP can grant the consent to the non- complying application.
14.0 TREATY SETTLEMENTS Schedule 6 Cl 9(1)(i)
The section 17 report produced by MfE sets out the four iwi settlement Acts that relate to the site. These are addressed below.
14.1 Te Kawerau ā Maki Act Claims Settlement Act 2015 (“TKAM Settlement Act”) The purpose of the TKAM Settlement Act is: • To record in english and te reo Maori the acknowledgements and apology given by the Crown to Te Kawerau ā Maki in the deed of settlement; and • To give effect to certain provisions of the deed of settlement that settles the historical claims of Te Kawerau ā Maki. Section 8 of the TKAM Settlement Act sets out the Crown’s acknowledgements of its past failings and of Te Kawerau ā Maki’s grievances. The impact of these failings is summarised at section 8(15) which states:
The Crown acknowledges that the cumulative effect of the Crown purchasing, public works takings, and private purchasing has left Te Kawerau ā Maki virtually landless. The Crown’s failure to ensure that Te Kawerau ā Maki were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles. This hindered the social, economic, and cultural development of Te Kawerau ā Maki as a tribe, and undermined the ability of Te Kawerau ā Maki to protect and manage their taonga and their
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wāhi tapu and to maintain spiritual connections to their lands. The Crown further acknowledges that this has severely impacted on the well-being of Te Kawerau ā Maki today.
Section 9 of the TKAM Settlement Act sets out the Crown’s apology.
Section 28 of the TKAM Settlement Act sets out the statutory acknowledgement by the Crown, which acknowledges the statements of association for the statutory area, which is defined as: statement of association, for a statutory area, means the statement— (a) made by Te Kawerau ā Maki of their particular cultural, historical, spiritual, and traditional association with the statutory area; and (b) set out in part 4 of the documents schedule The relevant principles and provisions in that settlement are that: • The relevant consenting authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity (s 30); and • Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: o if the application is received by the consent authority, a summary of the application; or o if notice of the application is served on the consent authority under section 145(10) of the Resource Management Act 1991, a copy of the notice (s 34).
Schedule 2 of the TKAM Settlement Act contains a list of areas subject to statutory acknowledgement. This is also recorded in the AUPOIP at Appendix 21. The Te Kawerau ā Maki Statutory Acknowledgement Area contains the following areas:
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Attached as Appendix 26 is a copy of the Te Kawerau ā Maki Deed of Settlement attachments. At Page 14 is a map of the “Te-Wai-o-Pareira/Henderson creek and tributaries” area, included below in Figure 28. The site is located within this statutory acknowledgement area. Figure 28: Te-Wai-o-Pareira/Henderson Creek and tributaries
Consultation with Te Kawerau ā Maki and other iwi identified by Auckland Council has occurred as set out above in Section 6.1, noting that iwi have deferred to Te Kawerau ā Maki which supports the proposed IRD and subdivision.
For completeness it is noted that the Treaty of Waitangi Act 1975 at s 6(4A) states that the Waitangi Tribunal shall not recommend the return to Maori ownership of any private land or the acquisition by the Crown of any private land. The site is privately owned land. Consequently, the site cannot be subject to a Treaty settlement claim, at present or in the 94 | P a g e 460 – 478 West Coast Road & 317 to 345 Glengarry Road, Glen Eden
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future, see Treaty of Waitangi Act 1975 s 6(4A).
14.2 Ngāti Whātua Ōrākei Claims Settlement Act 2012 (“NWO Settlement Act”). The purpose of the NWO Settlement Act is to give effect to certain provisions of the deed of settlement, which is a deed that settles the historical claims of Ngāti Whātua Ōrākei.
Section 5 of the NWO Settlement Act sets out the Crown’s acknowledgements of its past failings and of Ngāti Whātua Ōrākei’s grievances.
Section 9 of the NWO Settlement Act sets out the Crown’s apology.
Section 28 of the NWO Settlement Act sets out the statutory acknowledgement by the Crown, which acknowledges the statements of association for the statutory area, which is defined as:
statement of association means the statement—
(a) made by Ngāti Whātua Ōrākei of their particular cultural, spiritual, historical, and traditional association with the statutory area; and
(b) that is in the form set out in part 1 of the documents schedule of the deed of settlement at the settlement date
The relevant principles and provisions in that settlement are that: • Auckland Council must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee is an affected person in relation to an activity within, adjacent to, or directly affecting the statutory area and for which an application for a resource consent has been made (s 31); and • Auckland Council must, for a period of 20 years starting on the effective date, provide the following to the trustee for each resource consent application for an activity within, adjacent to, or directly affecting the statutory area: • if the application is received by the Auckland Council, a summary of the application; or • if notice of the application is served on the Auckland Council under section 145(10) of the Resource Management Act 1991, a copy of the notice (s 35).
Schedules 1–3 of the NWO Settlement Act set out the areas subject to statutory acknowledgement. This is also recorded in the AUPOIP at Appendix 21. The Ngāti Whātua Ōrākei Statutory Acknowledgment Area contains the following areas:
Kauri Point is located in Chatswood on the North Shore of Auckland. This area of Auckland does not include the application site, which is located in West Auckland.
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14.3 Ngāti Tamaoho Claims Settlement Act 2018 (“NT Settlement Act”) The purpose of the NT Settlement Act is: • to record in English and te reo Māori the acknowledgements and apology given by the Crown to Ngāti Tamaoho in the deed of settlement; and • to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Tamaoho.
Section 9 of the NT Settlement Act sets out the Crown’s acknowledgements of its past failings and of Ngāti Tamaoho s grievances. The impact of these failings is summarised at section 9(12) which states:
The Crown acknowledges that the cumulative effect of its acts and omissions has left Ngāti Tamaoho virtually landless. The alienation of Ngāti Tamaoho from their lands hindered their economic, social, and cultural development, and their effective participation in the developing settler economy. From the 1860s, Ngāti Tamaoho became socially and economically marginalised within New Zealand society and lived as if strangers in their own rohe. The Crown’s failure to ensure that Ngāti Tamaoho retained sufficient land for their present and future needs is a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Section 10 of the NT Settlement Act sets out the Crown’s apology.
Section 28 of the NT Settlement Act sets out the statutory acknowledgement by the Crown, which acknowledges the statements of association for the statutory area, which is defined as:
statement of association, for a statutory area, means the statement— (a) made by Ngāti Tamaoho of their particular cultural, historical, spiritual, and traditional association with the statutory area; and (b) set out in part 1 of the documents schedule
The relevant principles and provisions in that settlement are that: • the relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity (s 31); and • Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: • if the application is received by the consent authority, a summary of the application; or • if notice of the application is served on the consent authority under section 145(10) of the Resource Management Act 1991, a copy of the notice (s 35).
Schedule 1 of the NT Settlement Act contains a list of areas subject to statutory acknowledgement. This is also recorded in the AUPOIP at Appendix 21. The Ngāti Tamaoho Statutory Acknowledgement Area contains the following areas:
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Attached as Appendix 22 is a copy of the Ngāti Tamaoho Deed of Settlement attachments. The application site is not included in the Ngāti Tamaoho Statutory Acknowledgement Area.
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14.4 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (“NMWTM Redress Act”) The purpose of the NMWTM Redress Act is:
to give effect to certain provisions of the collective deed, which provides shared redress to the iwi and hapū constituting Ngā Mana Whenua o Tāmaki Makaurau, including by— (a) restoring ownership of certain maunga and motu of Tāmaki Makaurau to the iwi and hapū, the maunga and motu being treasured sources of mana to the iwi and hapū; and (b) providing mechanisms by which the iwi and hapū may exercise mana whenua and kaitiakitanga over the maunga and motu; and (c) providing a right of first refusal regime in respect of certain land of Tāmaki Makaurau to enable those iwi and hapū to build an economic base for their members.
Section 17 of the NMWTM Redress Act sets out the statutory acknowledgement by the Crown, which acknowledges the statements of association for the statutory area, which is defined as:statements of association of iwi and hapū means the statements— (a) that are made by the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau of their particular spiritual, ancestral, cultural, customary, and historical interests in the lands referred to in the statements; and (b) that are in the form— (i) set out in part 1 of the documents schedule:
(ii) set out in a deed of settlement between the Crown and 1 or more iwi or hapū specified in section 9(a).
The application site is not within the listed maunga or listed motu and therefore the NMWTM Redress Act does not apply to the application site.
The application is private land and therefore cannot be subject to a right of first refusal under the NMWTM Redress Act.
15.0 PART 2 PURPOSE AND PRINCIPLES OF THE RMA – Schedule 6 Cl(9)(1)(g)
15.1 Section 5 The purpose of the RMA under Section 5 is the sustainable management of natural and physical resources. This means managing the use of natural and physical resources in a way that enables people and communities to provide for their social, cultural and economic well-being while sustaining those resources for future generations, protecting the life supporting capacity of ecosystems, and avoiding, remedying or mitigating adverse effects on the environment.
The proposal is consistent with this purpose because the adverse effects on the environment are less than minor, and positive overall. The need for mitigation is considered limited to the construction period, including the implementation of earthworks, and the remediation and validation of contaminated soils (dealt with separately under BUN60368786).
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The proposal accords with the purpose of the Act as it enables the comprehensive development of the site as an IRD as intended under the SHZ, being the most efficient use of the land. This resource consent enables the provision of affordable housing, which is a matter of national importance as set out under the NPSUD, as the overall supply is exceeded by the level of demand across the Auckland Region.
15.2 Section 6 Section 6 of the Act sets out a number of matters of national importance which need to be recognised and provided for and includes among other things and in no order of priority, the protection of outstanding natural features and landscapes, the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna, and the protection of historic heritage.
There are no matters of national importance relevant to this proposal with regard to section 6.
We note here that while not included in Section 6, the NPSUD has raised the provision of additional residential capacity as a matter of national importance, noting this would be a practical amendment to add to Section 6 now that the NPSUD is operative.
15.3 Section 7 Section 7 identifies a number of “other matters” to be given particular regard by a council in the consideration of any assessment for resource consent and includes the efficient use of natural and physical resources, and the maintenance and enhancement of amenity values.
The proposal is consistent with this purpose because it assists the most efficient use of the land, while not detracting from the amenity values of the local area.
15.4 Section 8 Section 8 requires a council to take into account the principles of the Treaty of Waitangi. The granting of resource consent for the proposal would not be contrary to the principles of the Treaty of Waitangi.
While the site is within the Te Kawerau ā Maki Statutory Acknowledgement Area, consultation with this mana whenua group has been undertaken, and will continue as requested. No objection to the proposed purpose of the works (residential development) has been advised, and with the appropriate methods set out in this AEE, there will be no adverse effects which might impact resources of value to iwi.
Overall the application is considered to meet the relevant provisions of Part 2 of the RMA as the proposal achieves the purpose of the RMA being the sustainable management of natural and physical resources.
16.0 CONCLUSION We consider that this land use application is consistent with the relevant provisions of the relevant national and local planning and policy documents, and clearly achieves the purpose of the C19RFTCA as set out in the above Assessment of Effects report, including Section 8 - Whether the Project Helps Achieve the Purpose of the Act (Part 2 section 19).
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The proposal aligns with the expectations for residential development within the SHZ, thereby conveying the desired character of the area. Furthermore, the application assists to maintain amenity both on site and on adjoining land in that it achieves high quality residential development which has been subjected to intensive urban design assessments, including Urban Design Panel review.
The proposal does not result in adverse effects on the natural environment as any potential adverse effects relating to additional infrastructure, traffic effects, built form, stormwater and wastewater discharges, land disturbance, and ecological matters are demonstrated to be less than minor, and overall there is a significant net positive outcome in effects terms as discussed above.
The site is well positioned for redevelopment, noting that the proposal is located within an urban area which is well connected and serviced, and is to be achieved in a manner providing additional residential capacity to accommodate additional families within the community.
Overall, the effects of the proposal are positive in that it:
• Enables additional residential capacity to be established in a manner that creates affordability and high quality on-site outcomes; and
• Assists to address the economic and social circumstances introduced due to the Covid19 pandemic through providing substantial additional employment.
Adversely Affected Persons Assessment No persons are considered adversely affected by the activity because the effects in relation to adjacent sites are less than minor and are consistent with the desired outcomes for the zone.
Overall, the site is enhanced though the high-quality residential development made possible by the ability to design this large site in a comprehensive and efficient manner to arrive at an appropriate balance between provision of a suitable yield of additional affordable housing and complementing the existing and planned character and amenity of the SHZ in this location. The ability to design this site in this comprehensive manner is likely better than amenity outcomes should the land be left to individual lot owners to develop each separate site as they choose under standard subdivision and land use alternatives. Therefore, any potential effects on the amenity of adjacent properties are avoided.
Reasons for Approval Resource consent should be granted to this proposal, given that an assessment under the C19RFTCA has shown that the actual and potential effects of the proposal will be acceptable, and positive overall, and any potential adverse effects on the environment can be controlled by appropriate conditions of consent as recommended in this application, and also as required by the ECP.
The proposal will be consistent with the relevant statutory documents. This application is consistent with Schedule 6 Cl 9(1)(g) and Part 2 of the RMA because it assists with the most efficient of the land resource in the SHZ and adverse effects of the environment will be less than minor.
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Finally, given general compliance with relevant statutory documents, overall, we are of the opinion that this application will satisfy the statutory obligations under Schedule 6 Cl 31 of the C19RFTCA and consent can therefore be granted accordingly.
AEE prepared by:
Lance Hessell Civix Limited – Planning and Engineering Mobile: 021 0469400 Email: [email protected]
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Appendix 1: Approval from Kiwibuild
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Appendix 2: Architectural Plans
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Appendix 3: Iwi consultation emails and letter of support from Te Kawerau ā Maki
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Appendix 4: Records of Title.
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Appendix 5: Sales and Purchase Agreement with the Nola Estate Landowners
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Appendix 6: Auckland Council Pre-application meeting minutes
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Appendix 7: Legal Opinion Regarding the activity status of IRD’s – Berry Simmons
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Appendix 8: Leisure Assessment Summary
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Appendix 9: Auckland Council Urban Design Panel Recommendations
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Appendix 10: Watercourse classification memo
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Appendix 11: Engineering Infrastructure Report
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Appendix 12: Traffic Impact Assessment
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Appendix 13: Adjacent landowners and occupiers names and addresses
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Appendix 14: Consultation letter to adjacent landowners/occupiers
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Appendix 15: Consultation emails with the Waitakere Ranges Local Board
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Appendix 16: Subdivision and staging plans
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Appendix 17: Landscape Plans
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Appendix 18: Urban Design Statement of Ian Munro
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Appendix 19: Landscape Visual Assessment
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Appendix 20: Geotechnical Impact Assessment
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Appendix 21: Recommended conditions of consent
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Appendix 22: Ngāti Tamaoho Deed of Settlement attachments
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Appendix 23: Detailed Site Investigation Report and Remediation Action Plan
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Appendix 24: Economic Commentary – Urban Economics
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Appendix 25: Letters from Hero International and GJ Gardner Homes regarding employment figures.
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Appendix 26: Te Kawerau ā Maki Deed of Settlement documents
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Appendix 27: Decisions on other integrated residential developments
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Appendix 28: Email from Christian Brown (Auckland Council) dated 19 March 2021
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