BAY OF ISLANDS PLANNING LIMITED 2 Cochrane Drive, Kerikeri PO Box 795 Kerikeri
Phone [ 09 ] 4075253; Email – [email protected]
Far North District Council John Butler Centre Kerikeri
Attention: Louise Wilson
14 February 2020
Dear Louise,
Neil Construction Limited – Proposed Subdivision and Land Use Consent – (Rangitane River Park Stages 3-6), Kapiro Road, Kerikeri.
Neil Construction Ltd is seeking a combined subdivision and land use consent to develop the balance of its land at Kapiro Road, Kerikeri. The application site is legally described as Lot 1001, DP 532487 (formerly Lot 1000 DP 494309). The 68.2490ha property (as created by Stage 2) would be developed over four stages and will extend the existing Rangitane River Park residential development area that has been approved as Stages 1 and 2.
Proposed Stages 3-6 would comprise 133 residential lots with an extended road layout from Stages 1 and 2 and various Jointly Owned Access Lots (JOALS) to provide private vehicle access to residential sites. A new stormwater system would drain and discharge stormwater to ground (within private lots) and via a reticulated drainage system (within road reserves) and overland to the Rangitane River and to Kapiro Road (in part). The application demonstrates that on-site wastewater disposal systems and a water supply system (including dedicated fire-fighting supply) is achievable within each lot.
Land use consent is sought to enable a dwelling house on each lot and to increase the permitted impermeable surface area and earthworks volumes to be secured by way of a condition of consent. Resource consent is also sought in respect of NES for subdivision, a change of land use and site development earthworks associated with construction of the subdivision, post- subdivision site works and remedial earthworks associated with the Kerikeri Pistol Club.
The site is zoned Coastal Living in the Far North District Plan. The proposed development density
NCL FNDC rc planning report Page 1 of 3 would exceed the permitted residential density and minimum lot size standards provided for in the zone and requires resource consent as a non-complying activity. The application is bundled in accordance with the following proposed activities:
Subdivision - Non-complying Activity
• create 133 rural residential allotments ranging in size from 3003m2 – 5.0043 hectares on Lot 1001 DP 532494 zoned Coastal Living and; • reduce the required allotment dimensions (to be within setback dimensions) on 17 sites. • Subdivision within 100m of a Minerals Zone
Landuse – Discretionary • undertake 150,5003 of cut and fill earthworks to prepare the site for subdivision where the volume of works sought is unable to comply with the permitted standards for the zone; • Increase the impermeable surface areas within future lots above the maximum permitted standard; • establish future residential building development in accordance with the Coastal Living zone visual amenity standard; • reduce setback from boundaries future building development on some lots; • Establish a private lot accessway to a public road above the maximum number of lots permitted.
A 10-year consent period is sought for the subdivision and landuse consent.
As required under Schedule 4 of the Resource Management Act, an assessment of effects on the environment has been undertaken. To determine the degree of potential adverse effects arising from the proposal and proposed mitigation, various specialist reports are provided with the application. These are referred to in the AEE and are listed as follows: − Planning Report and Assessment of Environmental Effects [BOI Planning Ltd]; − Appendix A - Certificate of Title; − Appendix B – Consent Notice; − Appendix C - Plan of Subdivision [Neil Construction Limited]; − Appendix D - Detailed Site Investigation and Remediation Action Plan [GeoScience Ltd]; − Appendix E - Engineering Report & Drawings [Haigh Workman]; − Appendix F - Erosion and Sediment Control Report [Haigh Workman]; − Appendix G- Traffic Assessment Report (Haigh Workman) − Appendix H - Geotechnical Report [Haigh Workman]; − Appendix I - Landscape & Visual Assessment Addendum (Harrison Grierson)
NCL FNDC rc planning report Page 2 of 3
− Appendix J - Landscape Plan (LASF Landscape Architects) − Appendix K – Cultural Impact Assessment – Ngati Rehia − Appendix L – Top Energy Correspondence − Appendix M – Chorus Correspondence
Previous specialist reports prepared for the original subdivision management plan are also relied on where relevant. These include a Landscape Assessment, an Ecological Report, an Archaeological Report and noise evidence presented at the original management plan hearing. Copies of these historic reports are provided with the application
Overall the AEE concludes that any potential adverse effects would be no more than minor and can be appropriately mitigated through conditions of consent. In particular, mitigation would be achieved through the location of the development away from the Coastal Environment, the inclusion of modified building design controls to ensure continuity across the built environment within the development as a whole, bush protection covenants to maintain existing indigenous bush and kiwi habitat protection adjacent to Rangitane River, remediation of contaminated land in accordance with an approved methodology and accepted Industry standards, and careful management of earthworks and associated sediment runoff throughout the four stages. Reverse sensitivity effects on adjacent horticulture and quarry activities can be avoided and mitigated through the existing NRC regulatory regime for horticultural spraying, development set back via the roads and advisory consent notices offered by the applicant.
Given his past involvement with the original management plan, it may be beneficial if this application is processed by Wayne Smith.
Please do not hesitate to contact me should you require any further information.
Yours sincerely,
Deanne Rogers Bay of Islands Planning Limited
NCL FNDC rc planning report Page 3 of 3
RANGITANE RIVER PARK (STAGES 3-6)
Application for Resource Consent And Assessment of Effects on the Environment
Prepared by Bay of Islands Planning Limited February 2020
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1. INTRODUCTION
1. Neil Construction Limited [the applicant] is seeking a combined subdivision and landuse consent to develop the balance of its land at Kapiro Road, Kerikeri. The land is currently legally described as Lot 1001 DP 532487 and would be an extension to the Rangitane River Park (Stages 1 and 2) residential development area. The area of land to be subdivided is 68.2490 hectares.
2. Stages 3-6 would provide an additional 133 residential lots of varying sizes, roads and JOALs, and an extended stormwater discharge system to be vested with the Far North District Council (FNDC). Bulk earthworks are required to construct proposed roads and remediation works associated with the land currently used by the Kerikeri Pistol Club. As consented in Stage 2, land use consent is sought to construct a dwelling and associated garaging on each lot, including additional impermeable surfaces and construction earthworks volumes associated with residential post subdivision development of the site.
3. The proposed lots would occupy 68.2490 hectares of balance land that formed part of a combined subdivision and land use application approved by way of a management plan in 2009. This plan included 179 residential lots in 9 stages and two balance lots (180 and 181) for future development (RC2090352). The consent also included regional consent for land development earthworks and post development stormwater discharges (CON20082200401) that was confirmed by way of an Environment Court consent order in 2010. Alternative, progressive development of the site has been undertaken to enable 33 residential lots in Stage 1, (2160062-RMACOM) and 22 lots in Stage 2, (2180235-RMACOM). The proposed subdivision would result in a more widely distributed and additional 11 lots above the originally consented 179 lots.
4. In addition to subdivision, this application includes a land use proposal to remediate an area of land within the Kerikeri Pistol Club where NES soil contaminant standards for lead and arsenic are exceeded for a Rural-Residential 25% scenario. Previous remediation of other parts of the site where HAIL activities were undertaken have been validated through s224c subdivision consent requirements in 2160062SUB and a further Detailed Site Investigation in 2019 by GeoSciences Ltd. Based on this assessment, it is considered that the balance area outside of the identified ‘piece of land’ associated with the area of emplaced fill and the Kerikeri Pistol Club would not be subject to NES requirements.
5. The site is referred to locally as Rangitane River Park (formerly Tubbs Farm) and is located on Kapiro Road, Kerikeri, as shown on Figure 1 Location. It is currently accessed from a roundabout junction at Kapiro, Landing and Skudders Beach Roads, where Blue Penguin Drive extends northwards providing road access to Fernbird Drive and a short, formed section of Fantail Rise. The northern boundary borders a strip of Crown Grant Road conservation land that forms the southern margin of the Rangitane River. The eastern side adjoins residential
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lots created by Stages 1 and 2 of the applicants’ previous subdivision approvals. The western and southern part of the site is bounded by Kapiro and Redcliffs Roads.
Figure 1 Location
Source: Google Maps
2. BACKGROUND TO THE APPLICATION
6. As noted above, in 2010 resource consent was granted for a combined management plan- based subdivision and land use development within the original parent property that authorised the staged development of 179 residential lots in 9 stages and two large lots for future development (RC2090352) and NRC (CON20082200401), however the management plan was never implemented.
7. Over the past ten years due to an evolving residential property market, the applicant has adopted a more conservative staged approach to better reflect the existing environment landform and visual connections to the coast in the east that transitions to a more intensive rural-residential settlement pattern in the west. This includes approved subdivision consents for 33 residential lots in Stage 1 (2130171-RMACOM, 2160435-RMACOM and 2130171- RMAVAR/A) and 22 residential lots and a small local purpose reserve vested in Stage 2 (2180235RMACOM), along with public access to Rangitane River. A modified regional stormwater discharge consent for Stage 2 to discharge treated stormwater into the Rangitane River was also granted (AUT.039809.01.01). This consent is due to expire 31 March 2023.
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8. The subdivision plans approved under these consents are set out in Table 1 below:
Table 1 - Previously Approved Subdivision Plans
Resource Consent # Approved Plans (9 June 2009) Combined RC2090352
2130171-RMACOM 21/11/13 33 lots
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2160435-RMACOM 28/09/16 3 lots into 5
2180235RMACOM 19/03/18 22 lots
9. Parts of the property have previously been identified as a HAIL site having been used for rural activities including fertilizer storage, a farm dump and currently the Kerikeri Pistol Club (within proposed Stage 4). In 2012 NZ Environmental Ltd investigated former HAIL activities at the site and a remediation plan for the three control areas shown in the plan below was consented in conjunction with 2160062-RMACOM (Stage 1). The involved removal of soil from the control areas and the creation of an area of ‘emplaced fill’ as shown in Figure 2 below. Validation of the remediation undertaken at the site was confirmed through the approval of the 224c conditions on 2160062RMACOM.
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Figure 2 - Control Areas identified within RC 2160062
10. In conjunction with 2160062-RMACOM, a consent notice was imposed on the former balance Lot 1000 DP 494309 as part of the land use component of the Stage 1 (and also Stage 2 as Lot 1001 DP 532487) subdivision which states:
xi) Any site identified as a deposition area for material removed from Controls Areas 1, 2 and 3 as required by condition 2(e) and which includes fill received from Control Areas 1, 2 & 3 is a HAIL site for the purposes of the National Environmental Standards for Assessing and Managing Soil Contaminants in Soil to Protect Human Health and is therefore not suitable for residential development. The soil contaminants are to be tested and confirmed as being at or below levels considered suitable for recreational purposes.’
11. To address this consent notice and the suitability of subject land (Lot 1001) for residential purposes, GeoSciences Ltd has undertaken further Detailed Site investigation of the site, which confirms the remediation of Control Areas 1, 2 and 3 and contaminant standards associated with the emplaced fill area within the subject site. The report confirms that the area of emplaced (deposition area) fill has been satisfactorily remediated to a Rural- Residential 25% standard and that the balance of the application land (other than the Kerikeri Pistol Club) is not subject to the NES regulations. The area of emplaced fill also assessed to be below known background standards. (refer Appendix D).
12. Although this current application differs from the original approved Management Plan consent, it does rely on some of the original specialist reports prepared in support of the
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Management Plan proposal and adopts a number of the principles which shaped the Management Plan concept. This approach has also been adopted at Stages 1 and 2, in particular reference to the landscape, ecological and heritage values at the site. Copies of those reports are provided with this application.
13. Of ongoing interest is the management of reverse sensitivity effects arising from the noise generated by a quarry site on the opposite side of Rangitane River off Redcliffs Road. This is reflected in the Advice Notes included in resource consents for Stages 1 and 2.
14. While the future of the quarry activity is uncertain given a recent sale of that property, the
derived 55dBA L10 noise contour that was applied to the northern part of the site under RC209352 has been transferred to the current subdivision plan with an offered ‘no noise’ complaints consent notice condition and a requirement for any proposed residential dwelling
within the 55dBA L10 noise contour to be acoustically insulated to the appropriate NZ standard applying to all lots within that boundary. This would be applied to 13 sites where building platforms would be within the noise contour boundary including Lots 131-134, Lots 147-149, Lots 169-171 and Lots 185-187. The following statement is taken from the Commissioners decision on the original management plan subdivision proposal RC209352:
Extract from Joint Decision on RC209352
15. The applicant accepts that based on the past noise assessment, the mitigation measures proposed may not fully mitigate noise effects as experienced outdoors, however given the distance of the proposed likely dwelling sites from the quarry and a proposed restriction on noise complaints it is considered sufficient mitigation to avoid reverse sensitivity effects on the quarry operators to the extent that such effects would be less than minor.
16. The current proposal includes an extension to the existing road formation of Fantail Rise and
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Spoonbill Drive, two new cul-de-sac roads, various JOALS and 133 residential lots ranging from 3000m2 to 4 hectares in size. The proposed extended road layout generally reflects the original management plan with some variances in connections to Redcliffs Road and Kapiro Road. An additional 11 lots would be yielded from all six stages (190 compared to 179), and lots closer to Kapiro Road and Redcliffs Road would be created.
17. As the development works associated with the subdivision extend beyond the boundaries of the original management plan application site and also involve greater earthworks volumes, new regional consents for subdivision construction activities and the associated stormwater discharge and diversion (including discharges from contaminated land) are applied for concurrently.
3. DESCRIPTION OF THE SITE AND SURROUNDS
Site Description
18. The property is currently held in one title recently issued as Lot 1001 DP 532487 (formerly Lot 1000 DP 494309). The new lot site size comprises 68.2490 hectares as indicated on the subdivision plan which is attached at Appendix C.
19. Vehicle access to the property is from Blue Penguin Drive at its roundabout junction with Kapiro Road and the northern end of Landing Road. The property is used for pastoral farming which is a continuation of rural productive activity that included a former dairy farm. Vehicle access through the application site is via an unsealed farm track. Vegetation on the site is limited to grass with some bush on the river margin, and natural gullies that are largely within or adjacent Crown Grant Road. There is a small grove of native trees in the south-west corner of the site and a mature stand of primarily Totara trees in the north-west adjacent to the river margin within proposed lots 127-132.
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Figure 3 Aerial Photograph
Source: Far North District Council Aerials 2015
20. The topography of the site undulates throughout the western and southern parts and is steeply sloping alongside gullies that drain north toward the Rangitane River. As in Stages 1 and 2, a series of gullies and minor watercourses drain the northern area to the river as indicated by the indentations on the contours on Figure 5 Northland Regional Policy Statement Map below. Parts of the road frontage adjacent to Redcliffs Road are also steeply sloping.
21. The geotechnical report prepared by Haigh Workman states that the gently sloping land in the southern and western parts of the site (proposed Stages 3 and 4) are underlain by basaltic lava flows. These soil types phase out around the gully features in the northern part of the site (Stages 5 and 6) to an underlying geology comprising Waipapa (composite) Terrane. The Kerikeri Volcanic and Waipapa group soil types present within the site are moderately expansive and considered to be outside the definition of good ground as defined by NZS3604:2011. Any building would be subject to site specific foundation design by a Chartered Professional Engineer. Some of the northern gullies have been identified with unstable alluvial material up to 2.7m deep that are associated with historic streams. This material is required to be mucked out prior to filling. Soil types within the site are classified as ‘versatile’.
22. Site slope instability potential has been assessed and is indicated in Figure 4 below:
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Figure 4 Slope Instability Potential
Gradients less than 18 degrees are considered to be at a low risk of soil creep under natural conditions. Gradients between 18-25 degrees are considered to have medium risk and high risk for gradients greater than 25 degrees. The report identifies the potential for stable building lots on all lots subject to site specific recommendations (refer Section 5.0 of the Haigh Workman Geotechnical Assessment).
23. An Archaeological Assessment of the property prepared by Clough and Associates in respect of the original management plan application incorporated a site record search, literature review, and field inspection. Other than two midden sites found within the Crown Grant Road, no other archaeological sites have been recorded within the application site. A copy of this report is provided with the application
24. A Cultural Impact Assessment (CIA) report provided prepared by Ngati Rehia has confirmed their historic cultural association with the site and a centre point of ‘high use’. During a site visit in 2019, a single ‘Kohatu’ artefact was recovered and ceremonially removed to Rewa’s Village. A copy of the CIA is attached at Appendix K.
25. The lower tidal reaches of the Rangitane River and land east of Stage 1 and Kingfisher Drive are within the Coastal Environment (CE) as shown on the Northland Regional Policy Statement maps (Figure 5 Northland Regional Policy Statement Map). The application site is separated from the CE by the existing topography. The Crown Grant Road runs along the western side of Rangitane River and separates the site from the tidal and riparian reaches where public access is restricted by vegetation and the steeper parts of the riverbank. The existing and proposed recreation reserves (Stage 2) will provide pedestrian access to the Crown Grant
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Road and the Rangitane River margins.
Figure 5 Northland Regional Policy Statement Map
26. Views of the application site from the coastal waters within the Kerikeri Inlet are restricted due to the ridgeline [now subdivided as Stages 1 and 2] along the southern part of the property and the concealment of the river mouth by the Skudders Beach promontory, and the headland at the end of Kingfisher Drive. The visual relationship between the site and the Coastal Environment is largely non-existent due to the topography and development within Stage 1 that overlooks the Kerikeri Inlet, and also further separation by Stage 2. This observation is confirmed in the Landscape and Visual Assessment Addendum (attached at Appendix I) which confirms that there is no physical or visual connection between Stages 3-6 and the coast, or any natural character associated with the coastal environment. The landscape assessment describes the subject land as relating more to the adjacent rural living landscape and concludes that it is more characteristic of the Rural Living environment, despite being zoned Coastal Living.
27. Parts of the application site have previously been identified as HAIL sites based on an area of land that was used to dispose of contaminated soil from control areas within Stages 1 and 2, the margins of a former fertiliser storage area, and also 2,000m2 of land associated with the existing Pistol Club where lead and arsenic exceed the Rural-Residential soil contaminant standards. The areas are described in the DSI report prepared by Geosciences Ltd which is attached at Appendix D.
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Description of the Surrounding Environment
28. The application site is located approximately 7km via the road network, or five minutes-drive from Kerikeri township. The urban residential boundary limit of the town is the southern side of the Kerikeri River.
29. The topographic map in Figure 6 below (also referred to in previous applications) gives a broad indication of the surrounding land uses that remain largely unchanged. The grey area demarcates the urban area on the southern side of the Kapiro Road/Landing road junction while the shelterbelts to the west of the urban area indicate orcharding activities. Redcliffs (Stirling) Quarry is clearly marked on the northern side of the stream as is the forest plantation screening it from Redcliffs Road on the western side.
Figure 6 Topography
Source: Linz
30. As shown at Figure 7 below, a large area of Rural Living zoned land applies to land between the northern side of the Kerikeri river and the southern side Kapiro Road. To the west of the Rural Living zone is land zoned ‘Rural Production’. Land zoned General Coastal applies to land north of the application site and beyond Redcliffs Road. A Minerals Zone applies to parts of the Redcliffs (Stirling) quarry. It is noted that former quarry pit is within the General Coastal zone. Quarry extraction activities have not operated on the site for the past 10 years and all regional consents (7314 and 6754) expired in April 2010. The property containing the quarry has recently sold.
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Figure 7 Far North District Plan Zoning Map
31. The most recent and significant change to the existing environment is the built development and associated roading that has occurred within Stage 1 (and consented in Stage 2) in the eastern part of the former Tubbs farm. This development has transformed the character of the area as viewed from the road approaches on Landing Road and Kapiro Road, from a productive rural environment to a low density urban-residential environment. These stages have also established public access linkages and recreational reserve areas at the ends of Blue Penguin Drive and Fernbird Drive that are adjacent to the Crown Grant Road land and the southern side of Rangitane River. An existing post and rail fence that defines the Stage 1, Kapiro Road frontage will be continued as part of Stages 3 and 4.
4. DESCRIPTION OF THE PROPOSAL
Subdivision
32. The applicant proposes to create 133 residential lots between 3000m2 and 5.0043 hectares as follows: • 114 residential lots within a minimum lot area of 3,000m2 each; • 16 rural-residential lots with a minimum lot area of 8,000m2 each; • 3 rural-residential lots with a minimum lot area of 8,000m2 each; • Roads to Vest totalling 4.8998 hectares • Jointly Owned Access Lots (JOALs) totalling 0.7095 hectares
33. The proposed lots and associated road and stormwater drainage network would be developed over four stages as shown on the subdivision plan shown below at Figure 5 and attached at Appendix C.
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34. Staged development would proceed in numerical order and comprise the following:
Stage 3 – Lots 60-62, 63-67, 68-71, 72-86, 87-97, 98-99 and 124, Road to vest (601) JOAL (502 and 503), bulk earthworks to construct roads and sediment retention ponds and decanting bunds, specimen road reserve planting and installation of stormwater drainage.
Stage 4 – Lots 100-111, 112-115, 116-119, 120-131, Road to Vest (601, 602 and 603), JOAL (506 and 507), bulk earthworks to construct roads and sediment decanting bunds, Local Purpose Reserve to Vest (Spite Strip 700), removal of existing vegetation within Lot 106, remediation of Kerikeri Pistol Club (within lots 120-122) and installation of stormwater drainage.
Stage 5 – Lots 132, 148-151, 152-159, 160-185, Road to Vest (604 which includes the Spoonbill Drive extension and two proposed cul-de-sac roads), JOAL (509) bulk earthworks to construct roads, decanting bunds and sediment detention and also mucking out alluvial material in Stage 6 gullies, specimen road reserve planting and installation of stormwater drainage.
Stage 6 – Lots 133-141 and 186-192, Road to Vest 605, JOAL 508, bulk earthworks to construct roads, specimen road reserve planting and installation of stormwater drainage.
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Figure 5 – Proposed Staged Subdivision Plan
35. Proposed amalgamation conditions for JOALS and associated lots are specified on the subdivision plan. Memorandum of easements in gross over JOALS are provided for Far North District Council in respect of stormwater drainage and general right of way and services easements in respect of private lots. It is proposed that stormwater drainage within privately owned JOALS would be vested with Far North District Council.
36. Proposed conservation covenants would apply to existing indigenous bush areas within lots 127-132 to protect an existing stand of Totara Trees. The boundary of the covenant would be identified as a s223 condition of consent and shown on the approved survey plan for the site.
37. To the extent possible, the proposed lots have been configured to reflect the existing topography. Lots would be accessed from extended roads aligned along existing ridgelines and contours with the more substantial areas of cut and fill located where access is required across steeper gullies. The location of building platforms on smaller sites at the road frontage will enable post subdivision development earthworks to be minimised to the nominal volumes applied for. The creation of larger lots adjacent to Rangitane River and the location of building platforms close to proposed road frontages will ensure land disturbance near the river is avoided.
38. The proposed subdivision plan includes a derived 55dbaL10 noise contour line which denotes the likely extent of Mineral Zone permitted noise levels relative to a notional boundary that
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would be established within private lot boundaries. This contour is identified within the proposed lot boundaries of Lots 112-115, 120-123, 126-134, 142-149, 169-171, and 185-188 (26 lots). The identified noise contour is linked to a proposed noise condition that would restrict complaints and impose ventilation requirements for future dwellings. This is provided on the basis that there is ongoing quarrying activity in the future and given the presence of the Minerals Zone opposite the site which would enable quarrying activities. There remains some uncertainty over the current owners’ intentions for the site given the property is currently for sale.
39. Proposed building line restrictions (as recommended in the Haigh Workman Geotech report) would be established via a s233 condition and identified on the subject lot title. Lots subject to building line restrictions are indicated on the Haigh Workman Geotehcnical Report Dwgs G4-G5 attached at Appendix H.
Proposed Roads and private accessways (JOALS)
40. 4.8998 hectares of public road would be created from the subdivision. Fantail Rise road would be extended in a westerly direction to form a cul-de-sac near Redcliffs Road. Spoonbill Road would be extended through the northern part of the site to intersect with Fantail Rise and a second exit onto Kapiro Road. Two secondary cul-de-sac roads (Road 604) are also proposed along with a JOAL access onto Kapiro Road east of the main proposed new juncture. All proposed roads (other than JOALS) would be vested in Far North District Council and constructed in accordance with FNDC engineering standards.
41. The length of constructed roads within each of the four stages is as follows:
• Stage 3 – 753m of roading and 401m of JOALS (502 and 503) • Stage 4 – 500m of roading and 307m of JOALS (504-507) • Stage 5 – 997m of roading and 91m of JOALS (509) • Stage 6 – 410m of roading and 87m of JOALS (508)
42. Vehicle access to all proposed lots would be via internal roads except Lots 72 and 73, which would share a vehicle crossing access onto Kapiro Road, and 12 lots (Lots 60-71) that would have access onto Kapiro Road via a JOAL (502). One proposed ROW entrance off Redcliffs Road would provide vehicle access to four larger lifestyle lots (Lots 111-115). A narrow Local Purpose Reserve (spite strip) running parallel to Redcliffs Road would restrict direct public road access into the site.
43. Spoonbill Drive would be the longest internal road. The remaining section to be constructed progressively as part of Stages 3-6 would be 1080m long. Spoonbill Drive will connect to Fantail Rise and Fernbird Grove and provide direct access to 40 lots and a further 32 lots via side roads. The constructed Blue Penguin Drive will accommodate traffic from Spoonbill Drive
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and Fantail Rise as well as being the major access point for Stages 1 and 2. Vehicle crossings to individual lots would be formed at the time of building development not subdivision and required by way of a consent notice on each title.
Vegetation Clearance
44. Minimal vegetation clearance is required to develop the site as most of the land is in pasture. A small grove of planted native trees within proposed Lot 106 would be removed as part of Stage 4.
Earthworks and Sediment Control (Subdivision)
45. Total earthworks volumes associated with the four-stage subdivision development of the site are comprised as follows:
46. 150,500m3 of bulk earthworks (combined cut and fill volumes) required to construct roads, install stormwater drainage and establish temporary sediment and erosion control and retention devices that would be staggered over six stages as described in section 4 of the Haigh Workman Erosion and Sediment Control report (attached at Appendix F) and as indicated on the Earthworks Plans EP1-12.
47. Within Stages 5 and 6, some cut to waste earthworks volumes will result from a need to remove unsuitable soil material from the base of gullies (across which roads are to be constructed) and relocation to the redundant quarry pit within proposed Lot 134 that is to be reinstated. Some stockpiling would be required throughout the development.
48. Earthworks activities across the four stages will be managed in accordance with the Erosion and Sediment Control Plans prepared by Haigh Workman (EP1-EP12) and as described in the Erosion and Sediment Control Report. A variety of methods including silt fences, clean and dirty water diversion channels, sediment retention ponds, decanting earth bunds and topsoil bund batters would be used to control sediment runoff in accordance with the Proposed Northland Regional Plan (Appeals Version 29 July 2019) requirements for good management practice (reference Rule C.8.3.1 (3) and GD05) and the FNDC Control of Earthworks Bylaw (2019) clause 7.2I. Northland Regional Council resource consent for development earthworks
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is being sought concurrently.
Earthworks (Private Lots)
49. As has been applied to lots within Stages 1 and 2, an annual allowance of 600m3 of post- subdivision earthworks per residential lot is proposed. This volume of earthworks is required to enable the development of the size and scale of dwelling and landscaping associated with a typical residential building in this location. Erosion and sediment control associated with post-subdivision development of the site would be managed in accordance with a management plan and earthworks permit application for each lot submitted at the building consent stage.
NES and Remediation Works
50. During Stage 4, it is proposed to remediate the lead and arsenic impacted area within the 2,000m2 gun range footprint associated with the Kerikeri Pistol Club. The remediation would be undertaken in accordance with the recommendations in the Geosciences Ltd report dated January 2019 and the Remediation Action Plan (RAP) dated November 2019 (attached at Appendix D). The area of contaminated land includes the stop bank at the rear of the range and isolated locations within the gun range apron as depicted in the aerial image below:
Figure 8 Pistol Club Area
51. Given its proposed use for residential activity, a ‘restricted discretionary’ resource consent for a change of land use (subdivision), land disturbance, and remediation under NES is required, and also under the Northland Regional Plan rules (Appeals Version 2019). As described in the RAP the proposed remediation would involve a staged approach to the excavation, stabilisation with superphosphate (lime) and encapsulation of the contaminated soil within an impermeable liner. The proposed encapsulation area would be within the footprint of the gun range and would be excluded from residential building development by way of a consent notice on the affected lot title.
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52. Section 6.2 of the RAP estimates 50m3 of earthworks would be required to excavate the affected soil and to encapsulate it within an impermeable liner. Post remediation validation sampling would be undertaken and monitoring of groundwater downstream between the gun club and Rangitane River over a proposed two-year period.
Landscaping
53. LASF Landscape Architects has prepared a landscape plan for the site. A copy of this plan is attached at Appendix J. Proposed landscaping to be undertaken during the subdivision development stages includes specimen tree planting within the public road reserves and a continuation of post and rail fencing and hedge planting along the Kapiro and Redcliffs Road road frontages. The proposed road reserve tree species is Metrosideros ‘Maori Princess’, which would continue the planting theme that exists within the constructed sections of Spoonbill Drive and Fantail Rise.
54. On a stage by stage basis commencing with Stage 3, a 1.2 metre high post and rail rural style fence would be constructed along the Kapiro Road and Redcliffs Road frontages. In addition, a Eugenia Ventinatii (Lilly Pilly) hedge would be planted inside the fence within the private lot boundaries to be maintained at a height of 1.5 metres.
Stormwater Management
55. Proposed stormwater management within Stages 3-6 will extend the existing reticulated stormwater management system that has been constructed within the Stages 1 and 2 road reserves and natural gully systems. Surface runoff from roads will be directed to the primary (piped) system via a series of catchpits with the majority of stormwater being discharged overland to the Rangitane River (and some to the existing culverts on Kapiro Road).
56. As described in Section 6 of the Haigh Workman Engineering Report, the primary stormwater system would be designed in accordance with the design principles set out in section 6.4 of that report and the 10% (10-year ARI) storm event as required by FNDC standards. Stormwater discharge from the proposed roads and future private lot development would be a permitted activity under the Operative and Proposed (Appeals Version) of the Northland Regional Plan(s).
57. Drainage gullies systems would be retained in their natural state and in some areas, planted to reduce the velocity of surface water runoff. Consent notices proposed on lots containing gully planting would restrict the removal of such planting and require maintenance.
58. Impermeable surfaces constructed during subdivision include public roads and JOALS. These would comprise a total surface area of 25,700m2 or 3.7% of the site area. The Haigh Workman
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Engineering Report states that the total post-development stormwater runoff from the site (including the private lot development) would result in an approximate 24% increase in peak stormwater runoff. However, this would be readily accommodated by the natural watercourses through the site to the Rangitane River and the upstream timing of peak flows down the river. In terms of post-development drainage to Kapiro Road, there will be a net reduction in flows.
59. The proposed stormwater management systems provide for but do not include detailed design for future residential development within proposed lots. As stated in the Haigh Workman Engineering Report, it is expected that future houses in Stages 3-6 will be a similar size and scale to those that have been constructed in Stage 1. For this reason, additional impermeable surface over and above the permitted Coastal Living zone standard for stormwater management is sought as follows:
60. Consistent with Stages 1 and 2, a consent notice on each proposed residential lot is proposed to enable the additional impermeable surface proportional to the various lot sizes. The proposed wording of these consent notices is set out in Section 6.10 of the Haigh Workman Engineering Report and in Section 8 of this AEE ‘Proposed Mitigation Conditions’.
Site Suitability – Wastewater
61. Earlier Cook Costello (May 2012) and Haigh Workman (September 2017) Site Suitability Report(s) lodged with the previous Stage 1 and 2 applications assessed the suitability of each lot in terms of on-site wastewater servicing. These conclusions and recommendations remain valid. The Reports concluded that the site is suitable for the proposed development in terms of land stability and subsoil properties subject to design recommendations.
62. Haigh Workman (December 2019) has undertaken a generic assessment of the on-site wastewater requirements for each type of proposed lot within Stages 3-6. Lots sizes within these final stages vary between 3,000m2 and 5 hectares. The Engineering Report concludes that based on a design occupancy of 6 persons per residential unit, and in accordance with TP58 design requirements, each lot size has sufficient space for wastewater treatment and disposal (including a conservatively sized 100% reserve area). This is indicated visually on the Haigh Workman Drawing 18 295/(3-14) The proposed lots would be suitable for surface or sub-surface trickle irrigation systems. A site-specific assessment at Building Consent stage will
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determine which design option is to be used.
Potable and Fire-Fighting Water Supply
63. As the reticulated water supply available on Landing Road does not have sufficient pressure to supply the development, each proposed lot will depend on roof run off collected in on-site water tanks. This has also been requirement for development within Stages 1 and 2. Fire- fighting water supply to each dwelling is also required and would be provided as described in Section 7 of the Haigh Workman Engineering Report. Verbal feedback from Fire & Emergency NZ indicates dedicated water volume requirements of 20,000 litres per lot for proposed dwelling sizes greater than 200m2 or
Land Use Activities (Post Subdivision)
Built Development (Private Lots)
64. Built development within private lot boundaries would include a single dwelling and associated buildings such as garaging. It is proposed that the building envelope referred to in Visual Amenity Rule 10.7.5.2.2 be confirmed as the entire lot boundary to provide maximum flexibility for the location of buildings within private lots. The basis for this proposal is the fact that land within Stages 3-6 is not visually connected to the Coastal Environment and therefore building location and design does not need to be controlled for the purpose of mitigating any potential adverse visual effects on the coast. This would also include any building design controls relating to exterior colour and reflectivity of a building.
65. Of value to the development are design controls that would ensure visual and spatial continuity of the built environment as it is currently emerging from Stages 1 and 2. This would be in addition to private covenants the applicant would require of any potential buyers. Proposed design controls to be included as conditions of consent on the land use component of this application including the following:
• The maximum total area of all impermeable surfaces (as per consented requirements); • Each house being required to have a garage (can also be detached) with space for a minimum of two vehicles; • Water tanks to be screened to avoid visibility; • Glazing of windows to be non-reflective and not mirrored glass; • Garages and water tanks to be integrated within the design of the dwelling or linked by pergolas or walkways or screened by landscaping; • Where access, vehicle parking and manoeuvring area surfaces are to be constructed of concrete then a dark (black) oxide is to be applied.
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66. Given the location of the application land away from the coastal environment, no private lot landscaping controls are proposed. In respect of the protection of indigenous Kiwi, it is accepted that adjacent to the Rangitane River Crown Grant Road should be restricted in terms of the keeping of cats, dogs and mustelids. This would be consistent with the requirements for Stage 2 and would apply to Lots 112-115, 120-123, 126-131, 132-134 and 137-138.
5. REASONS FOR CONSENT
67. The policy and rule framework that applies to the proposal includes the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the Northland Regional Policy Statement, the operative and Proposed Northland Regional Plan(s) and the Operative Far North District Plan. The proposed subdivision and district level land use resource consent requirements are assessed as follows.
Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES)
68. The proposed use and development of the site for residential purposes is subject to the NES regulations. Proposed activities include a change of land use from pastoral farming to lifestyle residential, subdivision and land disturbance associated with development of the site and remediation of the Pistol Club land.
69. As described in the Geosciences Report, those parts of the site that have been used for fertilizer storage, previous deposition of contaminated soil from other parts of the site or are within land within the identified area of the Kerikeri Pistol Club are controlled in terms of:
− Regulation 9(1) ‘Controlled Activity’ in respect of land disturbance of the area of emplaced (deposition) fill; − Regulation 9(3) ‘Controlled Activity’ in respect of subdividing or changing the use of land associated with the area of emplaced (deposition) fill; − Regulation 10(1) ‘Restricted Discretionary Activity’ in respect of the remediation (and associated land disturbance activities) of 2,000m2 of affected land and 50m3 comprising the Kerikeri Pistol Club, and the change of use of the land. In respect of Regulation 10(2) and (3), the following requirements are met: − A Detailed Site Investigation (DSI) and Remediation Action Plan prepared by GeoSciences Ltd exists and is provided to FNDC; − The DSI has determined that the soil contaminant levels associated with the area of emplaced fill and the fertiliser storage area are below the applicable criteria for a proposed rural-lifestyle (25% homegrown
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produce) property; − The DSI has determined that the soil contaminant levels associated with the area of Kerikeri Pistol Club exceeds the applicable criteria for a proposed rural-lifestyle (25% homegrown produce) property (for lead and arsenic); − The sampling and analysis are in accordance with accepted practice and undertaken by a suitably qualified person; − The suitability of the site for residential purposes (post remediation of the Pistol Club) is established; − The acceptability of the remediation methodology and long-term management of the HAIL site that would be subject to a validation report.
70. Overall, under NES the application is a Restricted Discretionary Activity.
Operative Far North District Plan (FNDP)
71. The site is zoned Coastal Living and is not subject to any resource classifications. The Coastal Living zone forms part of the Far North District Plan (FNDP) Coastal Environment policy and rule framework. It is acknowledged that, due to the adjacent Crown Grant Road and the scale and location of development works within the site, the Department of Conservation and Heritage NZ have a statutory interest in the development of the site.
72. The FNDP states that the statutory context for the provisions of the coastal environment includes s6(a) of the Act (RMA), the NZ Coastal Policy Statement, the Regional Policy Statement for Northland, the Regional Coastal Plan and other regional plans. The RMA does not define ‘coastal environment’, however it does include the coastal marine area which is the seaward side of mean high-water springs or one kilometre upstream of a river. The Northland RPS maps the location of the Coastal Environment in the Northland context as shown in Figure 9 below. The boundary of the application site is well beyond the tidal reaches of the Kerikeri Inlet as defined in the RMA (i.e. greater than one kilometre)
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Figure 9 Northland Regional Policy Statement Maps: Location of Coastal Environment boundary
73. As a result of previous subdivisions, the application site has been severed from a larger block of land that was partially situated within the Northland Regional Policy Statement coastal environment boundary. In terms of topography, visibility and any kind of natural tidal features, it is considered that the remnant association with the coast no longer exists and that the subject site is more characteristic of the adjacent rural living zoned land to the south.
74. Parts of the property are located within 100 metres of the Minerals Zone applied to the Redcliffs Quarry. This part of the site which encompasses the Crown Grant Road and the southern side of the Rangitane River margin is subject to consent requirements in respect of proximity to the minerals zone.
Subdivision Activities
75. The application proposes further subdivision of the balance lot at Kapiro Road (Lot 1001 DP 532487) into 133 residential lots. A variety of lot sizes are proposed between 3,000m2 to 5.0043 hectares. Rule 13.7.2.1 permits a minimum lot size of 4 hectares in the Coastal Living zone as a controlled activity. Further subdivision to a minimum 8,000m2 is enabled as a Restricted Discretionary Activity or 5,000m2 or by way of a management plan, as a Discretionary Activity.
76. Rule 13.11(a) states that a subdivision is a non-complying activity where it does not comply with the standards for a discretionary (subdivision) activity. The application proposal includes lots that fall below the Discretionary standard of 5,000m2 (or are not created by way of a management plan), which is a non-complying activity. Proposed lot sizes and their consent status are set out in the following compliance table:
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Table 2 - Lot Compliance
Stage Lot size (m2) Lot Reference (#) Consent Status 3,000-4000 60-62 Non-complying 63-67 68-71 72-78 Stage 3 79-86 87-97 98-99 124 3,000-4000 100-107 Non-complying 108-111 116-119 125 142-147 Stage 4 8,000-9,000 112-115 Restricted 120-123 Discretionary 126-131
3,000-4,000 148-159 Non-complying 160-170 171-177 180-185 Stage 5 5,000-6,000 178-179 Discretionary
4ha+ 132 Controlled
3,000-4,000 135-141 Non-complying 186-187 189-192
4,000-5,000 188 Non-complying Stage 6
8,000-9,000 137-138 Restricted Discretionary
4ha+ 133-134 Non-complying
77. The application is also subject to other subdivision performance standards set out in Table 3 below:
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Table 3 - Subdivision Performance Standards
Chapter 13 – Subdivision
Rule Factor Standard for Compliance Consent Status Permitted Activities
Coastal Living Zone
13.7.2.2 Allotment Minimum allotment The allotment Discretionary Dimensions dimensions clear of dimension can be boundary setbacks achieved on all lots but is a 30m x 30m would not be clear of square building the required setback on envelope the following lots: − 68-69 − 112-115 − 120-123 − 127-131 − 140-141
13.7.2.3 Amalgamation Not applicable N/A of land in a rural zone with land in an urban or coastal zone
13.7.2.4 Lots divided by Not applicable N/A zone boundaries
13.7.2.5 Sites divided by Not applicable N/A an outstanding landscape, outstanding feature or outstanding natural feature
13.7.2.6 Access, Utilities, No minimum The proposal includes Controlled Roads and allotment areas allotments created for Reserves apply to lots access and roads. created for access utilities, roads and reserves
13.7.2.7 Savings as to Not applicable N/A previous approvals
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Chapter 13 – Subdivision
Rule Factor Standard for Compliance Consent Status Permitted Activities
13.7.2.8 Proximity to Not applicable N/A Top Energy Transmission Lines
13.7.2.9 Proximity to the Not applicable N/A National Grid
13.7.3.1 Property Access A controlled The proposed Controlled (subdivision) subdivision has been activity application designed to comply with must comply with rules and FNDC the rules for Engineering standards property access in for property access. Chapter 15
13.7.3.2 Natural and Any proposed The proposal would Controlled other hazards subdivision shall avoid, remedy or avoid, remedy or mitigate potential mitigate the listed hazards at the site, hazards including soil contamination
13.7.3.3 Water Supply All new allotments All proposed lots would Controlled are required to be required to establish have the ability to an on-site tank water connect to a safe supply, including supply potable water for fire-fighting supply purposes
13.7.3.4 Stormwater All allotments are All proposed lots would Controlled Disposal to be provided with be required to collect a means to dispose and dispose of of collected stormwater from roof stormwater to areas and impermeable avoid or mitigate surfaces to be designed downstream for a 10% AEP rainfall adverse effects event via a consent notice requirement.
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Chapter 13 – Subdivision
Rule Factor Standard for Compliance Consent Status Permitted Activities
13.7.3.5(b) Sanitary All allotments At building consent Controlled Sewage within coastal zones stage, all proposed lots Disposal without a would be required to connection to a provide a means of reticulated sewage sanitary sewage scheme are to be disposal via a consent provided with a notice requirement. means of disposing of sewage within the net area of the allotment
13.7.3.6 Energy Supply All urban Not applicable to the N/A allotments are to be Coastal Living zone provided with the (an electrical connection ability to connect to to the Top Energy an electrical utility electricity supply would system be provided to each lot.)
13.7.3.7 Telecommunica All urban Not applicable in the N/A tions allotments are to be Coastal Living zone. provided with the All allotments would be ability to connect to supplied with a a connection to the telecommunication Chorus s system at the telecommunications boundary of the site network.
13.7.3.8 Easements for Easements in gross Proposed easements Controlled any purpose and for private are identified on the access purposes are subdivision plan required for drainage, electricity and telecommunication supply
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Chapter 13 – Subdivision
Rule Factor Standard for Compliance Consent Status Permitted Activities
13.7.3.9 Preservation of There are no notable N/A Heritage trees, heritage Resources, resources, fauna and Vegetation, landscape or Fauna and conservation lands that Landscape and would be affected by Land Set Aside the proposal. for Conservation Purposes
13.7.3.10 Access to Where appropriate Public reserve access to Controlled Reserves and and relevant, public the Crown Grant Road Waterways access shall be land adjacent to the provided in Rangitane River has proposed been established via subdivisions to earlier subdivision public reserves, stages. waterways and esplanade reserves.
13.7.3.11 Land Use Subdivision shall The sensitive Controlled Compatibility avoid, remedy or surrounding land uses mitigate any include horticultural adverse effects of activity and the Redcliffs incompatible land Quarry. Quarry uses (reverse Operations would need sensitivity) to be managed in accordance with any applicable conditions of consent.
13.7.3.12 Proximity to Where applications Not applicable N/A Airports for subdivision consent relate to land that is situated within 500m of the nearest boundary of land that is used for an airport, the airport operator will be considered by the Council to be an affected party.
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Chapter 13 – Subdivision
Rule Factor Standard for Compliance Consent Status Permitted Activities
13.8.2 Subdivision Subdivision is a The northern Restricted within 100m of restricted boundaries of eight Discretionary Minerals Zone discretionary proposed lots 127-134 activity in the Rural would be within 100m Production and of the Minerals Zone Coastal Living Zones boundary with the where any part of Redcliffs Quarry site. any proposed lot is within 100m of the boundary of a Minerals Zone.
13.8.5 Subdivision in Matters over which Controlled the Coastal the Council has Living and exercised its South Kerikeri discretion on Inlet Zone applications for subdivision.
78. Overall, in terms of subdivision, the application is a non-complying activity under Rule 13.11. Non-complying activities are to be assessed against the matters listed in Rule 13.10. These are discussed below in the context of the assessment of effects and Rule 13.10 ‘Assessment Criteria’ below.
Land Use Activities
Table 4 - Far North District Plan Performance Standards
Chapter 10 – Coastal Environment
Rule Standard for Compliance Consent Status Permitted Activities
Coastal Living Zone
10.7.5.1.1 Visual New building <50m2 As per Stages 1 and 2, Controlled (Permitted) Amenity GFA. land use consent for new residential buildings in terms of visual amenity on each 10.7.5.2.2 Any new building(s) proposed lot is sought. (Controlled) or It proposed that for the
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Chapter 10 – Coastal Environment
Rule Standard for Compliance Consent Status Permitted Activities
Coastal Living Zone
alterations/additions purposes of Visual to an existing Amenity a building building that does envelope covering the not meet the full extent of the site is permitted standards noted as part of the in Rule 10.7.5.1.1 are subdivision. a controlled activity where the new building or building addition/alteration is located entirely within a building envelope that has been approved under a resource consent.
10.7.5.1.2 Residential One unit per 4ha of Proposed lots would Permitted Intensity land (including create single sites for 3,000m2 of exclusive single dwellings. use land) and use of a created site under Rule 13.7.2.1 for a single residential unit for a single household
10.7.5.1.3 Scale of Not applicable N/A Activities
10.7.5.1.4 Building 8m maximum Future buildings on Permitted Height approved lots will be required to comply
10.7.5.1.5 Sunlight No part of any Future buildings on Permitted building shall project approved lots will be beyond a 45-degree required to comply recession plane as measured inwards from any point 2m vertically above ground level on any site boundary
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Chapter 10 – Coastal Environment
Rule Standard for Compliance Consent Status Permitted Activities
Coastal Living Zone
10.7.5.1.6 Stormwater The maximum In order to Discretionary Management proportion or accommodate likely (Rule 10.7.5.4) amount of the gross areas of required site area which may impermeable surfaces be covered by on residential lots buildings and other impermeable surfaces in impermeable accordance with the surfaces shall be 10% table below are sought. or 600m2 whichever The 10% threshold is the lesser. would not apply.
10.7.5.1.7 Setback from 10m (any boundary) These setbacks are Permitted boundaries unless site < 5000m2 achievable within the when it becomes 3m; proposed lot boundaries (30m from edge of a riverbank or CMA.)
10.7.5.1.9 Transportatio Refer Chapter 15 - n provisions in table below
Chapter 12 – Natural and Physical Resources
Rule Standard for Compliance Determination of Permitted Activities Status
12.1 Landscapes and natural Features
Not applicable N/A
12.2 Indigenous Flora and Fauna
12.2.6.1.1 Indigenous The proposed clearance Restricted vegetation of small grove of native Discretionary
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Chapter 12 – Natural and Physical Resources
Rule Standard for Compliance Determination of Permitted Activities Status
clearance vegetation located permitted within the boundary of throughout the proposed Lot 106. The District removal of the trees does not fall within the listed permitted activities and is not within ‘urban’ land.
12.2.6.1.2, Not applicable N/A 12.2.6.1.3
12.2.6.1.4 Indigenous Proposed clearance of RDA Vegetation indigenous vegetation Clearance in at the site would be a Other zones restricted discretionary activity in accordance with Rule 12.2.6.2.2.
12.3 Soils and Minerals
12.3.6.1.2 Excavation Excavation and/or Subdivision Earthworks: Discretionary and/or filling in filling, excluding • 150,500m3 over (Rule 12.3.6.3) the Coastal mining and four stages Living zone quarrying, on any comprising cut and site in the Coastal fill faces greater Living zone is than 1.5m permitted provided Private Lot Earthworks: that: • 600m3 per lot (a) It does not exceed 300m3 in any 12- month period (b) It does not involve a cut or fill face exceeding 1.5m in height.
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Chapter 15 - Transportation
Rule Standard for Compliance Determination of Permitted Activities Status
15.1.6A Traffic
15.1.6A.2.1A Traffic The TIF factor for The estimated TIF Discretionary Intensity residential activity in generated by (Rule 15.1.6A.5) the Coastal Living residential zone is 10 development within Stages 3-6 is 1330
15.1.6B Parking
15.1.6.1.1(a) Parking spaces As required by Need 2 spaces per Permitted Appendix 3C. unit. Provision can comply.
15.1.6C Access
15.1.6C.1.1 Private (The construction of Complies. Grades are Permitted (a) Accessway in private accessway, in all flatter than the all Zones addition to rule permitted standard. specifics is to be Private access will be undertaken in in concrete surfacing. accordance with Appendix 3B-1
15.1.6C.1.1 Private Minimum access Complies. Proposed Permitted (b) Accessway in widths are set out in JOAL 502 has full all Zones Appendix 3B-1 5.0m 2 -way width.
15.1.6C.1.1 Private A private accessway Proposed JOAL 502 Discretionary (c) Accessway in may serve a would serve 12 (Rule 15.1.6C.2) all Zones maximum of 8 household household equivalents equivalents
15.1.6C.1.1 Private Where a subdivision Proposed JOAL 502 Discretionary (d) Accessway in serves 9 or more would serve 12 (Rule 15.1.6C.2) all Zones sites, access shall be household equivalent by public road. units
15.1.6C.1.1 Private ii) onto an arterial Kapiro, Landing and Permitted (e) Accessway in road or a collector Redcliffs Roads are all all Zones road within 90m of collector roads. The its intersection with proposed vehicle an arterial or crossings comply with collector road. this rule.
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Chapter 15 - Transportation
Rule Standard for Compliance Determination of Permitted Activities Status
15.1.6C.1.2(e) Private Not applicable N/A Accessways in Urban Zones
15.1.6C.1.2 Passing bays Not applicable The site is not within N/A on private an urban zone. accessways in all zones
15.1.6C.1.3 Passing bays Complies. Proposed Permitted on private JOAL 502 concrete accessways in carriageway will be all zones 5.0m width. All other private ways will be 3.0m width (no passing bays deemed necessary for compliance).
15.1.6C.1.4 Access over Complies. Proposed Permitted footpaths JOAL 502 vehicle crossing with be 5.0m width. All other vehicle crossings will be 3.0m width.
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Chapter 15 - Transportation
Rule Standard for Compliance Determination of Permitted Activities Status
15.1.6C.1.5 Vehicle (a) Private access off Access will be Permitted crossing roads in the rural constructed in standards in and coastal zones accordance with rural and the vehicle Council standards coastal zones crossing is to be constructed in accordance with FNDC standards (b) Where access is off a sealed road, the vehicle crossing plus splays are to be sealed for first 5m from road carriageway or up to road boundary, whichever is lesser (c) Where vehicle crossing serves two or more properties the private accessway is to be 6m wide and extend a minimum of 6m from edge of carriageway.
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Chapter 15 - Transportation
Rule Standard for Compliance Determination of Permitted Activities Status
15.1.6C.1.7 General Access (a) Provision shall be Proposal would Discretionary (in terms Standards made such that comply with of 15.16C.1.7 (d) there is no need standards (a) – (c) for vehicles to reverse off a site Runoff from except where there impermeable road are less than 4 surfaces would be parking spaces discharged to a gaining access from reticulated piped a local road. system which is (b) All bends and consistent with what corners on the FNDC has consented private accessway for Stages 1 and 2. are to be constructed to allow for the passage of a Heavy Rigid Vehicle. (c) Any access where legal width exceeds formation requirements shall have surplus areas (where legal width is wider than the formation) grassed. (d) Runoff from impermeable surfaces shall, wherever practicable, be directed to grass swales and/or shall be managed in such a way as will reduce the volume and rate of stormwater runoff and contaminant loads.
15.1.6C.1.8 Frontage to Proposal has been Permitted existing roads designed to comply with this rule and FNDC engineering standards
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Chapter 15 - Transportation
Rule Standard for Compliance Determination of Permitted Activities Status
15.1.6C.1.9 New roads Proposal has been Permitted designed to comply with this rule and FNDC engineering standards
15.1.6C.1.10 Service lanes, Proposal has been Permitted cycle and designed to comply pedestrian with this rule and accessways FNDC engineering standards
15.1.6C.1.11 Road N/A designations
79. As proposed, in terms of the visual amenity rule the permissible building envelope sought would be the proposed lot boundary to provide maximum flexibility for the location of buildings, although in practical terms, building locations on the larger northern lots would be limited by topography and cost of access construction. This approach is based on the opinion that the location of buildings and their visual appearance would not impact the coastal environment as viewed from the coastal marine area, which is the primary matter for control in the Coastal Living zone.
80. As already discussed, the proposed volume of earthworks per lot and area of impermeable surface is intended to provide greater flexibility for residential development on larger residential lots consistent with what has been consented in Stages 1 and 2.
81. Overall, proposed land use activities would be a Discretionary Activity. The overall combined consent status is Non-Complying.
Cancellation of Consent Notice
82. In accordance with s221(3) of the Resource Management Act, the cancellation of consent notice 10388614.2 as it applies to Lot 1001 DP 532487 is proposed. This consent notice has been transferred from the previous title Lot 1000 DP 494309 in which clause (xi) applied. Section 221(3) permits an owner to apply to vary or cancel any condition specified in the consent notice. Cancellation of the existing consent notice condition is sought so that the application of the HAIL site reference can be updated to just be applied to new sites that will contain the area of formerly emplaced fill. These include Lots 155,156,157, 165 and 166. This application includes activities that would include bulk earthworks associated with the
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subdivision, 600m3 of earthworks volume allocated to each affected lot and a residential change of land use to the Residential/lifestyle 25% lifestyle standard.
83. Under Section 127, the cancellation of a consent notice is a Discretionary Activity.
6. STATUTORY CONSIDERATIONS
Resource Management Act 1991 (RMA)
84. The application is subject to the provisions of the RMA and the governing purpose and principles encompassed in Part 2. Section 9 restricts the use of land in a manner that contravenes a national environmental standard, a regional or district rule. Section 11 restricts the subdivision of land in accordance with sub-section (1A). With respect to this combined application, resource consent for a non-complying activity is required under the national environmental standard NES regulations and the identified Far North District Plan subdivision and land use rules.
85. Section 104D of the RMA governs the determination of applications for non-complying activities:
86. The Council may grant a resource consent for a non-complying activity only if it is satisfied that adverse effects on the environment are minor or the application activity would not be contrary to the objectives and policies of a relevant plan or proposed plan. Conditions of consent may be imposed under Section 108 and for subdivision under Section 220. A determination that adverse effects on the environment are minor must be made in the absence of any compensatory offsetting of those effects (either offered or proposed) as this is a matter for determination under Section 104(1)(ab). It is considered that the minor nature of adverse effects is established in the absence of any offered or agreed to offsetting positive effect.
87. Section 106 enables the Council to refuse a subdivision consent, (or grant consent subject to conditions), if it considers that there is a significant risk from natural hazards or insufficient
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provision has been made for legal and physical access to each proposed allotment. There is no identified natural hazard risk at the site that requires mitigation, other than appropriate design in relation to localised ground conditions and the management of erosion. The Haigh Workman report has confirmed that the site is suitable for residential purposes and the associated infrastructure. Geotechnical foundation design for building platforms specific to proposed house designs would be confirmed at building consent stage along with stormwater management and on-site wastewater design. Physical and legal access can be provided to each proposed lot.
88. Section 104(1) of the RMA states that when considering an application for a resource consent, “the consent authority must, subject to Part II, have regard to – (a) any actual and potential effects on the environment of allowing the activity; and (ab) any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and (b) any relevant provisions of – i. a national environmental standard: ii other regulations: ii. a national policy statement: iii. a New Zealand Coastal Policy Statement: iv. a regional policy statement or proposed regional policy statement: v. a plan or proposed plan; and
(c) any other matter the consent authority considers relevant and reasonably necessary to determine the application.”
Section 104 (1)(a) Assessment of Effects on the Environment
89. The RMA (section 3) meaning of effect includes:
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90. Schedule 4 (Clause 6(1)(a)) of the RMA requires the identification of any significant adverse effect on the environment with a description of any possible alternative locations or methods for undertaking the activity. The proposed activity is residential subdivision and development in a rural-residential location where lot sizes and dimensions can accommodate a form of development that will avoid adverse effects on the landscape values associated with coastal environment and maintain the emerging residential land use character of the surrounding area. Any potential adverse effects would be minor and can be adequately avoided or mitigated through conditions of consent.
RMA – Fourth Schedule – Matters that must be addressed by assessment of environmental effects
91. Section 7 of the Fourth Schedule specifies the matters that must be addressed in an assessment of environmental effects as follows:
92. In accordance with Schedule 4 Clause 6(1)(b), potential effects (including positive effects) on the local environment include the matters encompassed in Part 2 of the RMA, and those identified in the District Plan specific to the Coastal Environment, and which apply district wide, including subdivision, traffic and infrastructure effects and effects on natural and physical resources. These are assessed under the following headings:
Positive Effects
93. The proposal is for a large-lot residential subdivision that will make a significant contribution to the expanding Kerikeri housing market. The land to be subdivided is within a zone that enables rural-residential living in a coastal setting, albeit in a more rural location given the sites’ topography and distance from the coastal environment. Development that has already occurred within Stage 1 has established large, quality homes that are positively contributing to local rural-residential amenity that defines the local area. The proposed development would give effect to the Coastal Living zone Objective 10.7.3.1 which seeks to ‘provide for the
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wellbeing of people by enabling low density residential development to locate in coastal areas where any adverse effects on the environment of such development are able to be avoided, remedied or mitigated’. This AEE demonstrates that any potential adverse effects arising from the subdivision and development of the land for residential purposes would be minor and can be satisfactorily mitigated through conditions of consent.
Coastal character and visual amenity
94. The appropriateness of subdivision in terms of the preservation of the natural character of the coastal environment is an RMA s6 matter of national importance and any potential adverse effects require careful management. The Far North District Plan identifies the site within the Coastal Environment and the site is zoned Coastal Living. However, this zoning reflects a larger land holding that once included the application site and which extended from the eastern end of Kingfisher Drive to the western boundary along Redcliffs Road.
95. Topographically, that part of the original property east of Stage 2 has the greatest association with the coastal environment as it is visible from the Kerikeri Inlet coastal marine area. This part of the site has been previously subdivided by way of an original management plan (that has now lapsed) and has been superseded by two staged applications that have created lots sizes (8,000m2) in general accordance with those provided for in the Coastal Living zone. The emerging character in the eastern part of the site is large homes on rural-residential lots with coastal views that are visually connected to the coastal marine area. In contrast, the pastoral farming nature of the western part of the site (which comprises the application site) has no visible connection to the coast, nor does it have any natural or physical characteristics that would be typically associated with land in close proximity such as vegetation or landform.
96. In 2008 Harrison Grierson undertook a visual and landscape of the site to assess the original management plan proposal. In terms of that assessment, proposed stages 3-6 have been aligned with the previously identified sub-landscape areas that have limited views beyond or from their immediately surrounding environment, notably the coast. An updated addendum assessment of the current proposal has concluded that due to its location and the development that has progressed within Stage 1 and consented in Stage 2, the proposed development does not have any relationship to the natural coastline and is more characteristic of the rural parts of Kapiro Road. The assessment supports the development of the balance lot with the site sizes and the associated landscape treatment proposed.
97. The proposed subdivision and development of the site would enable 133 residential lots and associated roading and infrastructure required to service that development. The proposed lot sizes vary and reflect the topography of the site and proximity to the Rangitane River. The majority of lots (114) are between 3000m2 – 4000m2. These would be located adjacent to Stage 2 and east of the extended Spoonbill Drive and along road frontages with Kapiro Road
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and Redcliffs Road. Where land becomes steeper and is adjacent to the Rangitane River, larger lots are proposed between 8,000m2 and 5 hectares. This land is also more sensitive in terms of proximity to the Redcliffs Quarry, hence the appropriateness of larger lot sizes and the ability to locate dwellings away from this industrial land use.
98. Visually, roads within the subdivision have been designed to follow the contour and land form and enable residential lots to be located perpendicular to the road frontage. The generous, rectangular shape and size of the majority of lots will easily accommodate the size and scale of dwelling home likely to be constructed on the lots and the setback requirements of the District Plan. Furthermore, the lot sizes are large enough to accommodate a more low-slung linear type dwelling of one or two stories, that sits well in the landscape, particularly along ridgelines where buildings can dominate. This type of development is typical of houses emerging from Stage 1 and is likely to continue through Stage 2 and the further proposed stages.
99. The design of dwelling houses and associated buildings would be controlled through private restrictive covenants imposed by the developer and conditions of land use consent. The applicant accepts that a modified set of building design controls would enable continuity of the residential character emerging from Stages 1 and 2 but seeks a more relaxed approach to exterior building colours given the location of the land away from the visible coastal environment. As previously stated, for the purpose of compliance with the Coastal Living zone visual amenity rule, the applicant seeks that the entire lot boundary be identified as the permissible building envelope. This area would also accommodate the proposed increased impermeable surface area on each lot which is proportionally consistent with what has already been consented in Stage 2.
100. By way of example, developers covenants would specify the design and floor size area of dwelling, controls on exterior cladding and roofing materials, restrictions on the heights of fences, the location of ancillary buildings (such as water tanks and free-standing garages). The applicant accepts and offers built development land use conditions consistent with Stage 2 except for controls on colour schemes for exterior walls. Requirements to integrate built development on the site, the use of non-mirror glass and the treatment of driveway materials and colours are accepted to enable the continuity of built form and style that is emerging from Stage 1 and 2. With respect to private lot landscaping, it is the applicant’s preference to maintain maximum flexibility for future owners and not have conditions of consent that require landscape plan approval at the building consent stage. Given the location of the application site away from the more sensitive coastal environment, it is considered that such controls and the associated compliance costs are not required to mitigate adverse visual effects.
101. Overall, given the sites’ location away from the coastal environment, it is considered that any potential adverse visual effects arising from the proposal would be less than minor. The
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proposed subdivision layout and likely future residential development would be consistent with the residential character emerging from Stages 1 and 2 and establish rural-residential lot sizes that complement the adjacent Rural Living zone land and a transition to the Rural Production zone.
Traffic Effects
102. As previously described in Section 4, the subdivision layout would extend existing roads (Spoonbill Drive and Fantail Rise) to provide access to residential development proposed within the balance lot and a new intersection access onto Kapiro Road. Fantail Rise would also be extended from Stage 1 and connected to Spoonbill Drive. Additional cul-de-sac roads and JOALS would also be created. Limited access via the completed Spoonbill Drive and a proposed JOAL would enable access onto Kapiro Road, with no direct access other a single JOAL crossing onto Redcliffs Road.
103. Haigh Workman has undertaken a traffic impact assessment of the proposed development (attached at Appendix G). Section 4.2 of the Haigh Workman report sets out the expected traffic intensity factor to be generated from the proposed development, which totals 1330. Due to the closure of the Kerikeri Gun Club and the replacement farming activities, traffic intensity on Redcliffs Road is expected to decrease by 50 TIF on Redcliffs Road. Based on the estimated traffic generation no upgrade of the collector Redcliffs Road/Kapiro Road or the roundabout junction at Kapiro Road/Landing Road intersection is proposed or considered necessary. Visibility and capacity at all intersections is high including the proposed JOAL and private crossing access onto Kapiro Road and does not trigger any traffic management concerns other than the design recommendations that Haigh Workman have proposed.
104. All proposed roads would be constructed in accordance with FNDC standards and two on-site car parking spaces provided for on each lot. Overall, it is considered that any potential adverse traffic effects would be less than minor.
Infrastructure Effects
Stormwater Management
105. Proposed infrastructure within the development includes a combined piped and natural gully reticulated stormwater collection system that would drain surface water runoff from proposed roads and incorporate capacity for a private lot drainage systems to direct stormwater towards the northern gullies and the Rangitane River or to Kapiro Road. Haigh Workman has designed the drainage system in accordance with the relevant FNDC and Northland Regional Council standards for conveying, treating and discharging stormwater, which replicates what has been consented in Stage 2. The proposed system would ensure
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that stormwater is quickly drained away from the site to avoid downstream flooding. Indirect discharge via natural planted gullies would direct stormwater to the Rangitane River and control the velocity of runoff to avoid erosion. There is no direct piped discharge proposed.
106. The proposed stormwater system has been conservatively designed for the 10% AEP rainfall event ensuring the capacity of the piped network system is maximised. The design includes provision for secondary overland flowpaths in the unlikely event that pipes or culverts become blocked.
107. Overall post development (including roads and increased private lot impermeable surfaces) stormwater runoff to the north is expected to increase, however Haigh Workman conclude that this is readily accommodated by the natural watercourses through the site and the Rangitane River, particularly given the sites’ location at the lower end of the catchment. There would be a net reduction in flows toward Kapiro Road due to a proposed post development diversion of runoff towards the north.
Water Supply
108. Privately supplied, on-site potable and fire-fighting water supply for residential lots would be provided at building consent stage. This would include 2 x 25,000 litre potable water tanks on each lot, with additional supply for drinking water and fire-fighting supply purposes. This would be consistent with Condition 4(t)(vi) of the Stage 2 consent (218235-RMACOM). Verbal feedback from FENZ indicates that for dwelling sizes over 200m2 a volume of 20,000 litres would be required. The provision of on-site water supply within the development would not give rise to adverse effects at the site or affect the surrounding area.
Wastewater
109. Haigh Workman has undertaken a generic assessment of potential on-site wastewater disposal on each lot that takes into consideration the variable soil type within the application site. An analysis of all lots confirms that each lot can comply with both the regional and district plan wastewater treatment and discharge rules and engineering guidelines. An indicative location of a dwelling site and conservatively sized wastewater disposal field is shown on the Haigh Workman Engineering Drawing set P3-P14. An assumed four-bedroom home with a design occupancy of six persons has been adopted. Site specific design requirements based on slope, landscaping and localised soil type will determine the type of treatment and disposal facility on each site at building consent stage, with requirements expected to be in accordance with Stage 2 (218235-RMACOM) condition 4(t)(v).
110. Overall it is considered that any potential adverse effects arising from infrastructure services within the site would be less than minor and can be provided in accordance with Far North District Council standards.
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Effects on archaeological and heritage features
111. Archaeological and heritage features within and adjacent to the original parent property were assessed in 2007. No archaeological sites were discovered in this previous assessment of the property and only two, were found on the Crown Grant Road. As indicated in the CIA report, Ngati Rehia has a cultural association with the site in terms of past use and occupation and has a strong interest in the development of the site to uncover unknown archaeological features of interest.
112. Potential adverse effects on undiscovered archaeological sites can be avoided by ensuring that all contractors and future lot owners are aware of their responsibilities under the Historic Places Act and by applying protocols through the conditions of consent to ensure that appropriate actions are taken should any discoveries be made during site works and subsequent development. This applies to the formation of the road as part of the subdivision consent as well as to the individual dwelling consents.
Effects on Mana Whenua (cultural) values
113. In respect of potential adverse effects on local cultural values and cultural heritage features, the applicant has commissioned a Cultural Impact Assessment (CIA) from Ngati Rehia. A copy of this assessment is attached at Appendix K. The assessment does not oppose the development or indicate that there would be adverse effects on cultural values subject to recommendations contained within the report. The recommendations seek to implement appropriate safeguards to protect cultural values and valued features of the site during development. Such values include those impacted by earthworks and associated erosion and sediment control. In this regard, Ngati Rehia seek that erosion and sediment control measures minimise discharge to waterways or wetlands and appropriate controls implemented.
114. Riparian planting and planting of gullies as proposed is supported. Cultural supervision of excavation activities and the installation of culverts is also sought. Ngati Rehia have an interest in the quality and values associated with the Rangitane River and potential effects. The subject site is adjacent to the Crown Grant Road which forms part of the southern river margin. The development area on the riverside are larger lots with building areas located well away from the watercourse. Stormwater would not be discharged directly to the river but overland via planted gullies. With respect to the remediate Pistol Club, groundwater monitoring wells would be installed to ensure any discharge is identified and immediately remedied.
115. With respect to terrestrial vegetation and fauna habitat, the existing stand of Totara trees in the northern part of the site would be protected by way of bush covenants. Furthermore, consistent with
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Stage 1 and 2, restrictions on the keeping of cats and dogs would be applied to lots adjacent to the Rangitane River to protect the integrity of this area as a known Kiwi habitat.
116. The applicant Neil Construction Limited are actively engaged with Ngati Rehia to agree a set of protocols for the development of the site and to ensure ongoing protection of cultural values.
Natural Hazards Effects
117. Potential natural hazard effects at the site include land stability, erosion and subsidence and inundation (flooding). Haigh Workman has assessed the potential stability of the land and the suitability of each lot to accommodate a dwelling of the size and scale proposed. Other than localised coastal flooding downstream beyond the site boundary there are no other identified natural hazards within the site. Localised stability with respect to some individual lots situated closer to gully crests have been identified and building line restrictions recommended for the location of buildings and site-specific foundation design. It is considered that any potential adverse effects arising from natural hazards would be no more than minor.
Utilities
118. Existing telecommunication and electricity services are available on both Kapiro and Redcliffs Roads. Any upgrading requirements or connection costs would be the responsibility of the developer. No adverse effects associated with the supply of utility services are anticipated. Copies of feedback from Top Energy and Chorus are provided at Appendix L and M respectively.
Land Development and Construction Effects (Earthworks and Sediment Control)
Subdivision (Bulk) Earthworks
119. The Haigh Workman Engineering Report (attached at Appendix E) proposes a methodology for the management of bulk subdivision earthworks. Bulk earthworks to construct roads and the piped stormwater system would be undertaken in four stages with some possible joint stockpiling and fill works in Stages 5 and 6. It is expected that infrastructure construction within each stage would be within one construction season and each stage would be completed before starting the next stage.
120. Erosion and sediment control at the site would be managed in accordance with the Haigh Workman erosion and sediment control methodology set out in the Erosion and Sediment Control Report attached at Appendix F. A series of sediment control ponds and decanting earthbunds, along with silt fences and isolating topsoil batters would be utilised as indicated on Engineering Plans EP1- EP12.
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121. The contractor will be required to adopt measures for the control of runoff and sediment loss during the formation works in accordance with best engineering practice. These measures will ensure that potential adverse effects are avoided, remedied or mitigated to a level which is no more than minor.
Private Lot Development Earthworks
122. Earthworks within private lots would be limited to a maximum of 600m3 allocation per lot with up to 1.5m high cut faces. It is proposed that conditions of land use consent would require an earthworks and sediment control plan to be provided with a building consent and earthworks permit application to manage any potential adverse effects associated with the development of private lots. These are expected to be less than minor.
Contaminated Land Remediation
123. Earthworks within a 2,000m2 area of contaminated land associated with the Kerikeri Pistol Club site is proposed. This land is within the lower northern parts of Lots 120-122. These are 8,000m2 lots that slope northward down towards the Rangitane River. Potential adverse effects arising from this activity includes public health effects during the remediation works and the longer-term environmental impact risk of the proposed emplacement of contaminated soil. These latter effects are managed by the Northland Regional Council and will require resource consent.
124. As previously described, proposed works within the footprint of the gun club will involve excavation, temporary stockpiling stabilisation with superphosphate and encapsulation of arsenic and lead impacted soil within an impermeable liner. The estimated volume of soil to be disturbed is 50m3.
125. Proposed remedial works would be undertaken in accordance with the recommendations in the Geosciences Remediation Action Plan (RAP) attached at Appendix D and the under the supervision of a suitably qualified contaminated land advisor. Erosion and sediment control at the perimeter of the affected area would be managed using erosion and sediment control measures specified in the Auckland Council guideline document 05 (GD05) ‘Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region’.
126. Prior to remedial works being undertaken, groundwater monitoring wells would be installed downstream from the gun club between the remediation area and the Rangitane River to the east. Six monthly monitoring over a two-year period is proposed to confirm the successful encapsulation of the contaminated material. It is expected that ground water monitoring would be a condition of a Northland Regional Council consent.
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127. The Geosciences Ltd investigation has identified the outer extent of the contaminated land associated with the gun club. As this area is in the lower part of the proposed lots, it is unlikely that it would be in the vicinity of any proposed residential building or food production area. This part of the site is also within the restricted noise contour area and in close proximity Minerals zone associated with the Redcliffs Quarry.
128. In terms of public health risk associated with the remediation of the affected land, these can be minimised through appropriately supervised procedures that follow an approved methodology. If the contaminated material is satisfactorily contained, there would be little potential risk to the nearby river or any other sensitive ecological systems. Close monitoring of potential contamination pathways such as groundwater would be closely monitored to minimise risk. Overall it is considered that any potential adverse public health or environmental risks would be no more than minor.
Construction Effects (Noise, Dust, Traffic Movement)
129. Temporary construction activities and associated effects (noise, earthworks and sediment control, dust and traffic movement) would be managed in accordance with a construction management plan prepared in accordance with a s223 condition, similar to what has been imposed on Stage 2.
130. Construction activities including earthworks would be staged. Each stage would be completed prior to the next stage commencing. Some exceptions in Stages 5 and 6 in terms of timing where there is surplus material to be stockpiled prior to reinstatement of the quarry may be required. Control measures would ensure that suitable stabilised entrance points to the site to access the various stages are provided and that vehicle washdown areas and dust mitigation controls are implemented. Any potential adverse effects, including visual effects on the coastal environment are anticipated to be no more than minor.
131. Further consideration of construction earthworks activities is discussed below in respect of applicable assessment criteria.
Reverse Sensitivity Effects
132. Reverse sensitivity effects occur when an existing lawfully established activity is adversely affected by the location of other activities close by that are sensitive to the operational effects of that activity. Common examples are the location of residential activities close to industrial or rural activities that generate effects such as noise, vibration, light spill, excessive traffic movement, or offensive activities such as horticultural spraying that may be considered a nuisance or a health risk.
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133. The application site is within a zone that is designed to be a transition area between the urban parts of the District and the General Coastal zone (which is rural land adjacent to the Coastal Environment). The Rural Living zone has a similar purpose in relation to the Rural Production zone. Both zones are residential zones in that they provide for, primarily low density residential activity where the management focus of the Coastal Living zone is the appropriateness of subdivision and development as it affects the natural landscape values of the coastal environment and in the Rural Living zone, the compatibility of activities and the protection of rural amenity.
134. The subdivision of the application site would continue a residential development area that is progressing in accordance with resource consents issued for Stages 1 and 2. Stage 2 is yet to be developed, so land to the east is currently vacant with no existing neighbours. While the proposed lots within the adjacent Stages 3 and 5 are at a higher density than Stages 1 and 2, it is designed to provide a transition to a more a more rural-residential character away from the visible coastal environment. It is not expected that development of this part of the site at the densities proposed would generate minor or more than minor adverse reverse sensitivity affects from existing or future residential neighbours within Stages 1 and 2.
135. Opposite the site on Kapiro Road and Redcliffs Road is horticultural land zoned Rural Production and Rural Living. This is established horticultural land primarily used for growing kiwifruit and other fruit trees. Horticultural activities involving the use of agrichemicals is controlled by the Northland Regional Council under the operative Regional Air Quality Plan for Northland (2016) and the Proposed Regional Plan for Northland (2019 Appeals Version). Policy 6.12 (1) of the operative plan seeks to ‘avoid, remedy or mitigate the adverse target effects of the discharge of agrichemicals to air’. Furthermore policy 6.12(2) requires all persons discharging agrichemicals to air to apply the best practicable option and good management practices to avoid or mitigate any actual or potential adverse effects of the discharge on off-target areas or places by taking in account the matters listed below:
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136. Similarly, the proposed Plan, spray generating activities are in urban areas are to be avoided and a spray management plan produced as part of any resource consent where there is a likelihood that there will be objectionable or offensive discharges of spray across the boundary. Both Plans contain rules that permit the spraying of agrichemicals by commercial users or contractors provided all necessary steps are taken to avoid, remedy or mitigate any possible adverse effects beyond the boundary the property and that certain criteria for the application of spray chemicals are met (operative Rule 10.1.4 & 5; and Rule C.6.5)
137. The operative plan (Rule 10.1.5.1) requires that where ground-based sprays are to be applied within the permitted regime, notice is given to occupiers of property within 30 metres of the area to be sprayed not less than 18 hours prior. Similarly, the Proposed Plan requires for ground-based spraying within 50 metres of a spray-sensitive area (includes residential buildings), that property owners are notified and that criteria for spraying are complied with. It is noted that such a strict regime would make it unlikely for spray drift beyond the boundary of a horticultural site to occur without the necessary resource consents and management controls in place.
138. Potential reverse sensitivity effects on these adjoining rural neighbours was not the focus of the original management plan hearing, presumably because this plan did not propose housing beyond what was the Stage 4 and 5 boundaries. The current proposal does provide for housing along the Kapiro Road and Redcliffs Road frontages at higher densities than the zone provides for, however rural-residential activity adjacent to horticultural land is not uncommon in the Kerikeri District. It is a notable feature that this part of the site is separated from its horticultural neighbours by a 20-metre-wide road reserve (Kapiro Road and Redcliffs Road) and that existing spray screens and shelterbelt trees offer added protection from potential spray drift.
139. In addition to the above features and the NRC regulatory requirements for agricultural spraying, the applicant proposes to offer a consent notice advising future owners of the presence of nearby horticultural activity is proposed to apply to the affected sites. This type of consent notice has also been applied to rural-residential lots opposite the site at Lots 1-4 DP 402079 and is worded as follows:
To be registered against the titles of Lots xxx
(i) Properties within the vicinity of this allotment are engaged in horticultural and agricultural activities where the use of spray and other related activities will occur. As a result of being adjacent to these commercial operations, there may occur noise, spray, and associated effects in accordance with the permitted standards within the district and regional plans.
(ii) Where rainwater is collected from exposed surfaces for human consumption in
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connection with any residential development on the site, the occupiers of any such dwelling shall install an approved drinking water filtration system consistent with the New Zealand Drinking Standards 1995 and any amendments thereto; and including the use of a designed sludge trap with a minimum volume of 100 litres.
140. It is considered that this combination of site features, regulatory regime and consent notices would ensure that any potential reverse sensitivity effects relating to horticultural spraying would be less than minor.
141. With respect to the neighbouring Redcliffs (Stirling) Quarry, there was previously extensive focus and evidence provided on the potential reverse sensitivity effects arising from residential development in the northern part of the site, particularly from noise and vibration. With respect to the land use consent, the Commissioners conclusion based on evidence was that residential development should not be permitted within an area identified as the Predicted Quarry Effects plan (PQEP). As the management plan consent was not given effect to, the PQEP was never developed. However, a subsequent advice note to the Stage 2 consent requires that noise effects arising from Quarry to be addressed.
142. The applicant accepts the potential for reverse sensitivity adverse effects remains from owners of northern lots who may complain about noise generated by quarry activities, (although these effects are less certain now that the quarry property has been sold). The applicant has relied on previous acoustic evidence to propose potential mitigation options.
The approach taken is to plot the derived 55dBA L10 noise contour onto the subdivision plan. This is the daytime noise limit that applies to the Minerals zone at or within the notional boundary of any adjoining coastal zone and is based on ‘existing’ predicted noise levels generated by the quarry and was designed to identify where acoustic insulation requirements and ‘no noise complaints’ covenants would be required on affected lots. As indicated on the subdivision plan, thirteen lots (131-134,147-149, 169-171, 185-187) could potentially have residential buildings located within the noise contour. Should the quarry continue to be an ongoing activity at the site, it is appropriate that restrictions are placed on these lots to protect the quarry operation.
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Figure 10 - Plotted Predicted Noise Levels – Existing – Evidence of Graham Warren 2009
143. If such restrictions are imposed, it is considered that any potential adverse reverse sensitivity effects on the quarry operator would be less than minor.
Summary of Effects
144. Based on the above analysis, any potential adverse effects on the environment would be minor and those beyond the boundary would be less than minor. Cumulative effects are not considered likely to arise given the nature and character of the locality.
Section 104 (a)(b) any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity;
145. The RMA enables the provision of measures to achieve positive effects on the environment to offset or compensate for any adverse effects. As discussed above, it is considered that a number of positive effects would arise from the subdivision as discussed above, however specific measures, other than the proposed mitigation are not considered necessary given the minor nature of any potential adverse effect.
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Section 104 (b)(i) and (ii) National Environmental Standards & Other Regulations
146. The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2011) (NES) applies to this application due to historic activities associated with pastoral farming and the Kerikeri Pistol Club located in the north-west part of the site. GeoSciences Ltd has undertaken a Detailed Site Investigation to confirm the level of contamination that may still exist in parts of the site that have already been remediated and within the gun club As previously discussed, the application site remains a HAIL site and is subject to the regulatory provisions of the NES. These consent requirements are outlined in Section 5 of this report.
Section 104 (b)(iv) New Zealand Coastal Policy Statement
147. The New Zealand Coastal Policy Statement 2010 does not apply as the application area is not within the coastal environment. Despite its zoning, the application site is located away from the visible coast and is outside of the Coastal Environment boundary as mapped in the Northland Regional Policy Statement.
Section 104 (b)(v) Regional Policy Statement or Proposed Regional Policy Statement
Northland Regional Policy Statement
148. The proposal is subject to the governing policy framework of the Regional Policy Statement for Northland [RPS]. The RPS contains general policies and objectives that at a regional level, give effect to the purpose and principles of the RMA. Of relevance to this application are objectives and policies relating to water quality (potentially affected by stormwater, sediment and wastewater runoff), economic wellbeing and regional form and reverse sensitivity. There is no significant indigenous vegetation or landscape features at the site, nor is the site at risk from any identified natural hazard. The policy management themes that are relevant to the application are listed as follows: • Objective 3.2 – Region-wide water quality • Objective 3.5 - Enabling Economic Wellbeing • Objective 3.6 – Economic activities – reverse sensitivity and sterilisation • Objective 3.11 – Regional Form • Objective 3.13 Natural hazard risk
149. The management of regional water quality is concerned with the overall improvement in the quality of Northland’s fresh and coastal water. Residential building development and impermeable surfaces within the application site would be located away from major
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watercourses, including the Rangitane River. During subdivision construction, bulk earthworks would be staged and managed in accordance with an approved Erosion and Sediment Control Plan to avoid downstream effects of sediment discharge to existing overland flowpaths and gullies. Post development stormwater from roads within the site would be discharged via a primary treatment system within the road network and overland through a network of natural gullies to the Rangitane River or to Kapiro Road. Similarly, runoff from private lots would be captured and detained through on-site roof tanks and dispersal and soakage and wastewater to an approved treatment and disposal system.
150. With respect to regional form and economic activity (Objectives 3.5, 3.6 and 3.11) , the RPS is concerned with enabling economic wellbeing and avoiding unplanned and uncoordinated development and poor urban design that can lead to reduced levels of amenity, higher infrastructure costs, reduced community wellbeing and reverse sensitivity effects on existing businesses and productive activities. Potentially sensitive, lawfully established activities adjacent to the site include local horticulture and quarrying. Sterilisation of land with regionally significant mineral resources is also a concern (Objective 3.6 (b)), however the adjacent Redcliffs quarry is not regionally significant as defined by the RPS and is therefore not a focus of the RPS. It does however collectively contribute to the economic wellbeing of the Far North District so the appropriateness of the subdivision proposal will depend on the extent to which potential adverse effects on these activities can be mitigated to ensure the ongoing viability of productive land.
151. The following Table xx sets out the relevant NPS objectives and associated policies and provides comment on each.
Table 5 - Northland Regional Policy Statement Objectives & Policies
Northland Regional Policy Statement # OBJECTIVE & Policies Comment 3.1& Integrated This is a regional level policy directive to coordinate the Integrate the management of 4.1.1 catchment management of freshwater with subdivision and land freshwater and the subdivision, use and management use activities that is the responsibility of district development of land in catchments to councils. It is not directly relevant to a site-specific enable catchment specific objectives for subdivision and development application. fresh and associated coastal water to be met.
3.2 & Region-wide Improve the overall quality of Residential building development within the application 4.2.1- water quality Northland’s fresh and coastal water would be located away from major watercourses, 4.2.4 with a particular focus on: including the Rangitane River. During subdivision construction, bulk earthworks would be staged and (a) Reducing the overall managed in accordance with an approved Erosion and Trophic Level Index status Sediment Control Plan to avoid downstream effects of of the region’s lakes; sediment discharge to existing overland flowpaths and (b) Increasing the overall gullies. Post development stormwater from roads within Macroinvertebrate the site would be discharged via a primary treatment Community Index status system within the road network and overland through a network of natural gullies to the Rangitane River or to
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment of the region’s rivers and Kapiro Road. Similarly, runoff from private lots would be streams; captured and detained through on-site roof tanks and dispersal and soakage and wastewater to an approved (c) Reducing sedimentation treatment and disposal system. It is not expected that rates in the region’s the development of the site would degrade local water estuaries and harbours; quality or any existing aquatic habitat. (d) Improving microbiological water quality at popular contact recreation sites, recreational and cultural shellfish gathering sites, and commercial shellfish growing areas to minimise risk to human health; and (e) Protecting the quality of registered drinking water supplies and the potable quality of other drinking water sources. 3.3 Ecological This objective is not relevant to this site-specific Not applicable flows and application. water levels 3.4& Indigenous Safeguard Northland’s ecological 4.4.1- ecosystems The application site is outside the Coastal Environment integrity by: and and is therefore subject to policy provisions 4.4.1(3). biodiversity The site does not contain any identified significant a) Protecting areas of significant indigenous vegetation or fauna habitats. However, it is indigenous vegetation and significant recognised that land adjacent to the Crown Grant Road habitats of indigenous fauna; on the southern side of the Rangitane River forms part of a habitat area for kiwi and that restrictions on cats b) Maintaining the extent and diversity and dogs in this location is appropriate. This would be of indigenous ecosystems and habitats consistent with the approach taken in Stage 2. in the region; and
c) Where practicable, enhancing indigenous ecosystems and habitats, particularly where this contributes to the reduction in the overall threat status of regionally and nationally threatened species.
3.5& Enabling Northlands’ natural and physical The population of the Far North District is growing and economic resources are sustainably managed in a Kerikeri is a popular location for retired persons and wellbeing way that is attractive for business and those choosing an alternative lifestyle away from the investment that will improve the main centres. The supply of quality homes and more economic wellbeing of Northland and manageable sized sites to the local housing market its communities. supports this objective. 3.6 Economic The viability of land and activities As previously discussed, the application site is within a activities – important for Northland’s economy is coastal environment zone that is adjacent to the Rural reverse protected from the negative impacts of Production and Minerals zones. A primary objective
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment sensitivity new subdivision, use and development (10.7.3.1) of the Coastal Living zone is to ‘provide for and with particular emphasis on either: the wellbeing of people by enabling low density sterilisation (a) Reverse sensitivity for residential development to locate in coastal areas existing where any adverse effects on the environment of such (i) Primary production development are able to be avoided, remedied or activities; mitigated’. (ii) Industrial and commercial activities; The applicant is aware of the potential for adverse (iii) Mining; or reverse sensitivity effects and proposes to mitigate (iv) Existing and planned those effects by ensuring that future lot owners along regionally significant the Kapiro and Redcliff Road frontages are aware of infrastructure; or existing horticultural and quarrying activities. Further (b) Sterilisation of: built development requirements to include acoustic (i) Land with regionally insulation and ventilation would provide reasonable significant mineral amenity for indoor living on lots within the noise resources; or land contour identified in the subdivision plan. which is likely to be used for regionally significant infrastructure. 3.7 Regionally Not applicable The site does not contain, nor is it adjacent to any significant regionally significant infrastructure. infrastructure 3.8 Efficient and Manage resource use to: This objective is not directly relevant to this site-specific effective (a) Optimise the use of existing application as they development does not rely on urban infrastructure infrastructure; infrastructure (other than roads and utility services), (b) Ensure new infrastructure is nor would it generate demand for additional public flexible, adaptable, and infrastructure. Existing collector roads servicing the resilient, and meets the development have the capacity to absorb traffic reasonably foreseeable needs generated without any upgrade as assessed in the of the community; and Haigh Workman Traffic Report. (c) Strategically enable infrastructure to lead or support regional economic development and community wellbeing. 3.9 Security of Northland’s energy supplies are secure This objective is not directly relevant to this site-specific energy and reliable, and generation that application. supply benefits the region is supported, particularly when it uses renewable sources 3.10 Use and This objective is not directly relevant to this site-specific allocation of application. common resources 3.11 Regional Northland has sustainable built This high-level policy directive seeks to integrate & form environments that effectively integrate infrastructure with land use to achieve well planned 5.1.1, infrastructure with subdivision, use and and coordinate development and good urban design.
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment 5.1.3 development, and have a sense of The proposed development would not rely on place, identity and a range of lifestyle, reticulated urban services but would consolidate the employment and transport choices. expansion of this residential area that is adjacent to the Kerikeri urban boundary. The site is not within the Specific policy requirements for coastal environment as mapped in the RPS. planned and coordinated development are as follows: Specific policy requirements are addressed as follows: • 5.1.1(a)&(b) The Regional Form and Development Guidelines in Appendix 2 of the RPS applies to the proposed subdivision of land in this location due to its ‘urban residential’ nature (refer to discussion below). Note 11 to Policy 5.1.1 states that for the purpose of Regional Form ‘urban’ means all land zoned for mixed-use, commercial, industrial use and all zones where the primary purpose is residential use. It is considered that the primary purpose of the Coastal Environment zone is rural- residential scale living in a coastal setting. • 5.1.1(c) Residential activity and its’ associated effects are anticipated and provided for in the zone. The proposed cumulation at higher density than the zone provides for is appropriate in a location that would not impact the natural character of the coastal environment. Greater intensity can be accommodated compared to
Stages 1 and 2 in a more rural location where reverse sensitivity effects can be appropriately managed. The proposed development would not burden existing infrastructure or lead to long term adverse effects • 5.1.1(d)The development would effectively integrate with local transport infrastructure without the requirement for significant upgrade. On-site services would not increase demand for urban reticulated services. • 5.1.1(e) The Coastal Living zone is a large lot transition zone that provides for residential activity where adverse effects on the coastal environmental can be avoided. The application site is adjacent to rural productive land uses who are at time sensitive to encroaching residential activity……advisory consent notice/written approval? • 5.1.1(f) The application site is not within a primary production zone as identified by Far North District Council. The Coastal Living zone is described in the District Plan as areas of the coastal environment that have already been developed but which still
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment maintain a high level of amenity associated with the coast. The development of land within this zone is on the basis of its natural and landscape coastal values, not its value for rural production purposes. This reflects the historic zoning pattern that has been in place for more than twenty years. • 5.1.1(g) The environment within which the application is located is at the urban periphery of the Kerikeri urban centre, in close proximity to but not visible from the coast and adjacent to productive rural land. The proposal will extend the emerging low density residential character of an area that is known locally as Rangitane River Park. While the majority of the site will be developed at densities higher than Stages 1 and 2 they will still maintain a consistent character that is typically large-lot suburban. • 5.1.1(h) The residential activity within the site would be serviced by necessary infrastructure which does not rely on urban reticulated services. • 5.1.3 The application recognises the proximity of the site to adjacent horticulture and quarrying activities. IT is considered that under the current regulatory regime for agricultural spraying and the setback from boundaries/existing spray screens and shelter belt trees any potential adverse reverse sensitivity effects would be less than minor. Conditions of subdivision consent advising future landowners of nearby horticultural and quarrying activities are proposed and additional acoustic insulation requirements for residential
buildings within the 55dBA L10 noise boundary. • 5.1.2 and 5.1.4 are not considered to be relevant as the site is not within the coastal environment or in proximity to a regionally significant mineral resource.
3.12 Tangata Tangata whenua kaitiaki role is This is provided for within the application whenua role recognised and provided for in determination process. The engagement with local in decision- decision-making over natural and Ngati Rehia hapu to inform the development outcomes making physical resources. of this application support this objective.
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment 3.13 Natural No natural hazard risks have been identified within the The risks and impacts of natural hazard hazard risk site. An allowance for climate change has been events (including the influence of incorporated into the calculations for stormwater climate change) on people, management. The application is not within an area that communities, property, natural is susceptible to flooding or instability. Residential systems, infrastructure and our buildings can be located away from steeper sloping regional economy are minimised by: land. (a) Increasing our understanding of natural hazards, including the potential influence of climate change on natural hazard events;
(b) Becoming better prepared for the consequences of natural hazard events;
(c) Avoiding inappropriate new development in 10 and 100 year flood hazard areas and coastal hazard areas;
(d) Not compromising the effectiveness of existing defences (natural and man- made);
(e) Enabling appropriate hazard mitigation measures to be created to protect existing vulnerable development; and
(f) Promoting long-term strategies that reduce the risk of natural hazards impacting on people and communities.
(g) Recognising that in justified circumstances, critical infrastructure may have to be located in natural hazard-prone areas. 3.14 Natural The application site does not contain any outstanding Identify and protect from inappropriate & 4.5 character, natural features, landscapes or historic heritage that subdivision, use and development; and outstanding would be impacted by subdivision and development. 4.6 natural (a) The qualities and characteristics features, that make up the natural character of outstanding the coastal environment, and the natural natural character of freshwater bodies landscapes and their margins; and historic heritage (b) The qualities and characteristics
that make up outstanding natural features and outstanding natural
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Northland Regional Policy Statement # OBJECTIVE & Policies Comment landscapes;
(c) The integrity of historic heritage. 3.15 Active Maintain and / or improve; management The boundary of the application site is located away from the Rangitane River margin which is adjacent to (a) The natural character of the coastal the Crown Grant Road. However, proposed lots along environment and fresh water bodies the northern margin of the site are designed to be and their margins; larger to properly reflect topography of this part of this part of the site, enable the retention of remnant bush (b) Outstanding natural features and areas and maintain a low density built environment in outstanding natural landscapes; closer proximity to the Rangitane Protected Natural (c) Historic heritage; Area and the more sensitive established land use activity at the Redcliffs Quarry. (d) Areas of significant indigenous vegetation and significant habitats of The preceding development applications comprising indigenous fauna (including those Stages 1 and 2 have established public reserve areas within estuaries and harbours); and access to the river margin which will also be available to those residents occupying Stages 3-6. (e) Public access to the coast; and
(f) Fresh and coastal water quality
by supporting, enabling and positively recognising active management arising from the efforts of landowners, individuals, iwi, hapū and community groups.
152. It is concluded that the proposed subdivision would not be contrary to any applicable RPS objective or policy.
153. The application is subject to the RPS Appendix 2 assessment criteria as it is a proposed subdivision for which the primary purpose is residential lifestyle activities. These are assessed as follows:
Part A) Regional form and development guidelines New subdivision, use and development should:
(a) Demonstrate access to a secure supply of water; and Water supply for proposed residential activities will be on-site water tanks.
(b) Demonstrate presence or capacity or feasibility for effective wastewater treatment; and Wastewater treatment and disposal will be on-site.
(c) If of an urban or residential nature connect well with existing development and make use
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of opportunities for urban intensification and redevelopment to minimise the need for urban development in greenfield (undeveloped) areas; and
The proposed subdivision would continue the residential activity emerging from consented Stages 1 and 2 of the Rangitane River Park development. This area is at the periphery of the Kerikeri urban area and would utilise the existing collector road network for which there is sufficient capacity to absorb traffic movement from the proposed development. The area is zoned for rural lifestyle activities in the Coastal Living zone. The proposed development would intensify the size of residential lots permitted in the zone within an area of land located away from the visible coastal environment.
(c) If of an urban or residential nature provide, where possible, opportunities to access a range of transport modes; and
Primary access to and from the site is likely to be by way of a car, however the site is sufficiently close to the town centre to be accessible by bicycle or walking. Walking within the development and to the Skudders Beach areas would be supported by constructed footpaths.
(e) If of a community-scale, encourage flexible, affordable and adaptable social infrastructure that is well located and accessible in relation to residential development, public transport services and other development; and
The proposal is for an expanded development that would extend the existing Rangitane River Park residential area. The development would rely on social/community infrastructure and transport services already established within the Kerikeri town centre. It is not anticipated that the development alone would trigger a significant increase in demand for such services. However, it is acknowledged that the Kerikeri District is growing and that overall development pressure is increasing the demand across a range of social services and public facilities.
(f) Recognise the importance of and provide for parks, in regards to medium and large-scale residential and residential / mixed use development.
The need for recreational and passive open space for local residents and across the district is recognised. To the extent possible, new open space areas and public access to the Rangitane River have already been incorporated into Stages 1 and 2 of the development. The applicant acknowledges that the Council is currently limited in its ability to acquire and manage public open space throughout the District.
(g) If of a residential nature be, wherever possible, located close to or sited in a manner that is accessible to a broad range of social infrastructure; and
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Social infrastructure includes public facilities that are accessible to local facilities such as schools, civic buildings, libraries, public swimming pools, community buildings, arts and cultural facilities sports fields/clubs etc. The proposed development is adjacent to the Kerikeri town centre and persons residing there would have access to those facilities.
(h) Be directed away from regionally significant mineral resources and setback from their access routes to avoid reverse sensitivity effects; and
The site is not located adjacent to any area of identified significant mineral resources. The small quarry located to the north on the opposite of the Rangitane River is not currently actively and the land is currently for sale.
(i) Be designed, located and sited to avoid adverse effects on energy transmission corridors and consented or designated renewable energy generation sites (refer to ‘Regional form and infrastructure’ for more details and guidance); and
The proposed development would not impact an energy transmission corridors or renewable energy generation sites.
(j) Be designed, located and cited to avoid significant adverse effects on transportation corridors and consented or designated transport corridors; and
The site would not generate adverse effects on any existing transport corridors or state highways.
(k) Be directed away from 10-year and 100-year flood areas and high-risk coastal hazard areas (refer to ‘Natural hazards’ for more details and guidance); and
The site is not within an ‘at risk’ flood or high-risk coastal hazard area.
(l) Seek to maintain or improve outstanding landscape and natural character values and provide for the protection of significant historic and cultural heritage from inappropriate subdivision, use and development (refer to ‘Land, Water and Common Resources’ for more details and guidance); and
The site is not within or adjacent to any areas of outstanding landscape or area containing natural character values. Development of the site for residential purposes would not impact any significant identified historic or cultural heritage features.
(m)Protect significant ecological areas and species, and where possible enhance indigenous biological diversity (refer to ‘Maintaining and enhancing indigenous ecosystems and species’ for more details and guidance); and
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The site does not contain any significant ecological areas. The existing native Totara stand is proposed to be retained and protected by way of a consent notice condition. The potential for kiwi habitat and protection mechanisms are recognised with restrictions on the keeping of predator animals including cats and dogs applying to site adjacent to the Rangitane River. This approach is consistent with conditions that have been applied to Stages 1 and 2.
(n) Maintain and improve public access to and along the coastal marine area, lakes and rivers; and Stages 1 and 2 of the Rangitane River Park development have incorporated small reserve spaces and facilitated public walkway access the parts of the Rangitane River margin. The Crown Grant Road which is adjacent to the southern side of the river is administered by the Department of Conservation. Currently there is limited access to the river margin from the one-way bridge on Redcliffs Road and from the end of Fernbird Grove.
(o) Avoid or mitigate adverse effects on natural hydrological characteristics and processes (including aquifer recharge), soil stability, water quality and aquatic ecosystems, including through low impact design methods where appropriate; and
It is not anticipated that the development would generate adverse effects on local hydrological characteristics, soil stability, water quality and aquatic ecosystems that cannot be avoided or mitigated through the proposed engineering design for the subdivision.
(p) Adopt, where appropriate, sustainable design technologies such as the incorporation of energy-efficient (including passive solar) design, low-energy street lighting, rain gardens, renewable energy technologies, rainwater storage and grey water recycling techniques; and
All sites would be self-sufficient in terms of water supply and on site waste water treatment and disposal. Larger sites sizes provide the opportunity for appropriate solar orientation of dwellings to maximise energy efficient which would be determined at the building design stage. Compared to Stages 1 and 2, a modified road drainage system would adopt a more conventional piped system due to the high maintenance demands of the more low impact grass swale system.
(q) Be designed to allow adaptation to the projected effects of climate change (refer to ‘Natural Hazards’ for more details and guidance); and
The potential effects of climate change have been incorporated into the engineering design for the subdivision. Given the elevation of the site and its location away from the coastal margin, climate change is not anticipated to be a concern in this location.
(r) Consider effects on the unique tangata whenua relationships, values, aspirations, roles and
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responsibilities with respect to the site of development; and
The subdivision has been designed in consultation with local iwi and their response to the development is contained with the Cultural Impact Assessment attached at Appendix K. It is not expected that the proposed development would adversely affect tangata whenua relationship with the subject land or values associated with it.
(s) Encourage waste minimisation and efficient use of resources (such as through resource- efficient design and construction methods); and
These matters are taken into consideration as required by Far North District Council.
(t) Take into account adopted regional / sub-regional growth strategies; and
The applicant is not aware of any existing regional or sub-regional growth strategies that would apply to or influence the development outcome at the site. Previously FNDC has prepared a ‘Kerikeri-Waipapa Structure Plan’ that provided a spatial indication as to where growth might occur. However this was never formally implemented in terms of an RMA plan change. The plan below shows the subject site being identified in terms of its existing zoning.
Figure 11 - Kerikeri - Waipapa Structure Plan Map - 2007
(u) Where appropriate, encourage housing choice and business opportunities, particularly
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within urban areas. The application site is adjacent to the Kerikeri urban area. The proposed subdivision will supply additional housing to the district at a variety of site sizes.
154. Overall it is concluded that the proposed subdivision at the density proposed would not be inconsistent to the regional form outcomes sought by the RPS.
Section 104 (b)(vi) Plans or Proposed Plans
FAR NORTH DISTRICT PLAN
Table 6 - Objectives and Policies for the Coastal Environment
OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
Objectives
10.3.1 To manage coastal areas in a manner that avoids adverse The application site is located away effects from subdivision, use and development. Where it from the visible coastal environment is not practicable to avoid adverse effects from and outside the boundary as indicated subdivision use or development, but it is appropriate for on the Northland RPS maps. The the development to proceed, adverse effects of Landscape Assessment prepared by subdivision use or development should be remedied or Harrison Grierson has concluded that mitigated. the site has no visible connection to the coast and would not give rise to adverse effects on coastal character or amenity. The subdivision design would extend existing roads down the ridgeline enabling residential lots and buildings to be located at a lower contour below and avoid buildings dominating the local ridgeline. Development at the site would have no adverse effects on identified indigenous vegetation or habitat values associated with the coast. Riparian areas would remain intact and existing remnant bush protected by way of conservation covenants.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.3.2 To preserve, and where appropriate in relation to other As stated above, the development objectives, to restore, rehabilitate protect or enhance: supports the retention of existing ▪ the natural character of the coastline and coastal riparian areas associated with the environment; Rangitane River (encompassed in the ▪ areas of significant indigenous vegetation and adjacent Crown Grant Road) and would significant habitats of indigenous fauna; protect existing remnant bush by way of ▪ outstanding landscapes and natural features; Conservation covenants. The ▪ the open space and amenity values of the coastal development would have no effect on environment; the natural character of the coastal line ▪ water quality and soil conservation (insofar as it is or the coastal environment. within the jurisdiction of the Council).
10.3.3 To engage effectively with Maori to ensure that their Consultation with Ngati Rehia is being relationship with their culture and traditions and taonga undertaken. A copy of the Cultural is identified, recognised and provided for. Impact Assessment is provided with this application.
10.3.4 To maintain and enhance public access to and along the Public access to riparian areas and the coast whilst ensuring that such access does not lower parts of the original parent adversely affect the natural and physical resources of property have been established in the coastal environment, including Maori cultural values Stages 1 and 2. These will serve the and public health and safety. balance area of the site and enable public access from outside the development. Iwi have been consulted throughout the development of the site and have not raised concerns about access or potential adverse effects on cultural values.
10.3.5 To secure future public access to and along the coast, Public access is legally secured along the lakes and rivers (including access for Maori) through the Rangitane River riparian margin via the development process and specifically in accordance with existence of the Crown Grant Road. the Esplanade Priority areas maps in the District Plan. Access points in Stages 1 and would maintain public access to the river where it is practicable.
10.3.6 To minimise adverse effects from activities in the coastal Not applicable. environment that cross the Coastal Marine Area boundary.
10.3.7 To avoid, remedy or mitigate adverse effects on the Not applicable. environment through the provision of adequate land- based services for mooring areas, boat ramps and other marine facilities.
10.3.8 To ensure provision of sufficient water storage to meet This would be achieved for each the needs of coastal communities all year round. proposed site (refer to Engineering Report for details)
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.3.9 To facilitate the sustainable management of natural and The subdivision has been physical resources in an integrated way to achieve comprehensively designed to superior outcomes to more traditional forms of complement and integrate Stages 3-6 subdivision, use and development through Management with the previous two stages. Existing Plans and integrated development. roads would be extended along with connections to Kapiro Road. It is considered that this approach would achieve the outcomes of a management plan in terms of integration and continuity of building design and layout.
Policies
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.4.1 That the Council only allows appropriate subdivision, The appropriateness of the subdivision use and development in the coastal environment. and subsequent development has been Appropriate subdivision use and development is that discussed in the description of the where the activity generally: project and the AEE. The site is not (a) recognises and provides for those features and within the Coastal Environment as elements that contribute to the natural character of an defined by the RPS and development area that may require preservation, restoration or would not be visible from the coastal enhancement; and marine area comprising the Kerikeri (b) is in a location and of a scale and design that Inlet or the lower estuary reaches of the minimises adverse effects on the natural character of Rangitane River. the coastal environment; and (c) has adequate services provided in a manner that The site has very limited natural minimises adverse effects on the coastal environment character being a modified pastoral and does not adversely affect the safety and efficiency farming environment with an historical of the roading network; and association with productive (dairy farm) (d) avoids, as far as is practicable, adverse effects which activities. The natural character of the are more than minor on heritage features, outstanding site is associated with the riparian landscapes, cultural values, significant indigenous margins of the Rangitane River and the vegetation and significant habitats of indigenous fauna, remnant bush areas in the north- amenity values of public land and waters and the western part of the site. The subdivision natural functions and systems of the coastal would preserve these areas through environment ; and conservation covenants on sites where (e) promotes the protection, and where appropriate bush is located and through the restoration and enhancement, of areas of significant existence of the Crown Grant Road indigenous vegetation and significant habitats of which traverses the northern boundary indigenous fauna; and of the site (f) recognises and provides for the relationship of Maori and their culture and traditions with their There are no cultural, heritage or ancestral lands, water, sites, waahi tapu and other significant indigenous vegetation, fauna taonga; and or amenity values, or natural coastal (g) where appropriate, provides for and, where functions and systems that would be possible, enhances public access to and along the adversely affected by the proposed Coastal Marine Area; and subdivision. Public access to the (h) gives effect to the New Zealand Coastal Policy riparian margins of the Rangitane River Statement and the Regional Policy Statement for has been integrated into the Northland. development in the earlier Stages 1 and 2.
The NZCPS does not apply to land outside of the coastal environment boundary. There are not tidal estuarine or coastal processes that extend to the application site boundary.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.4.2 That sprawling or sporadic subdivision and The Coastal Living Zone is intended to development in the coastal environment be avoided achieve consolidation within the zone through the consolidation of subdivision and and is adjacent to other rural-residential development as far as practicable, within or adjoining land which transitions from the urban built up areas, to the extent that this is consistent with centre of Kerikeri. This proposed the other objectives and policies of the Plan. subdivision is a continuation of rural- residential activity already established through Stages 1 and 2 and originally by way of an overall management plan that applied to the whole parent property.
10.4.3 That the ecological values of significant coastal As the property has been farmed for indigenous vegetation and significant habitats are many years, it does not contain maintained in any subdivision, use or development in significant habitats. Natural habitats the coastal environment. associated with Rangitane riparian areas currently exists, however these are largely within the Crown Grant Road.
10.4.4 That public access to and along the coast be provided, Refer to objectives 10.3.4 and 10.3.5 where it is compatible with the preservation of the above. natural character, and amenity, cultural, heritage and spiritual values of the coastal environment, and avoids adverse effects in erosion prone areas;
10.4.5 That access by tangata whenua to ancestral lands, sites As discussed above the coastal marine of significance to Maori, maahinga mataitai, taiapure area nearest the site is not easily and kaimoana areas in the coastal marine area be accessible and its values for such provided for in the development and ongoing activities is therefore constrained. No management of subdivision and land use proposals and sites of significance have been identified in the development and administration of the rules of on the property. the Plan and by non-regulatory methods. Refer Chapter 2, and in particular Section 2.5, and Council's Tangata Whenua Values and Perspectives (2004).
10.4.6 That activities and innovative development including The design of the proposal recognises subdivision, which provide superior outcomes and the character of the property while which permanently protect, rehabilitate and/or enhance meeting the purposes of the Coastal the natural character of the coastal environment, Living Zone. particularly through the establishment and ongoing management of indigenous vegetation and habitats, will be encouraged by the Council.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.4.7 To ensure the adverse effects of land-based activities These matters are not relevant to this associated with maritime facilities including mooring proposal. areas and boat ramps are avoided, remedied or mitigated through the provision of adequate services, including where appropriate: (a) parking (b) rubbish disposal (c) waste disposal (d) dinghy racks
10.4.8 That development avoids, remedies or mitigates adverse Although no sites of significance have effects on the relationship of Maori and their culture and been identified on the property, the traditions with their ancestral lands, water, sites, waahi potential for future discoveries to be tapu and other taonga. made has been recognised through the protocols to be applied through conditions of consent. Other general values held by Maori have been respected through the conditions applied to management of stormwater and wastewater.
10.4.9 That development avoids, where practicable, areas The subdivision layout, the positioning where natural hazards could adversely affect that of the building platforms and the development and/or could pose a risk to the health and stormwater management system have safety of people. taken these factors into account.
10.4.10 To take into account the need for a year-round water The conditions of consent related to supply, whether this involves reticulation or on-site water supply achieve this need. storage, when considering applications for subdivision, use and development.
10.4.11 To promote land use practices that minimise erosion and The approach of minimising sediment run-off, and storm water and waste-water requirements for earthworks, the from catchments that have the potential to enter the avoidance of areas with potential land Coastal Marine Area. stability problems, and the design of the stormwater management system have all been formulated with the intention of avoiding such effects.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.4.12 That the adverse effects of development on the natural As the site sits outside the visible coastal character and amenity values of the coastal environment, it is considered that these environment will be minimised through: controls are unnecessary to avoid (a) the siting of buildings relative to the skyline, ridges, adverse effects on coastal values and headlands and natural features; have only been incorporated to the (b) the number of buildings and intensity of extent they benefit the continuity of the development; development from Stages 1 and 2. (c) the colour and reflectivity of buildings; (d) the landscaping (including planting) of the site; (e) the location and design of vehicle access, manoeuvring and parking areas.
Table 7 - Coastal Living Zone - Objectives and Policies
OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
Objectives
10.7.3.1 To provide for the well-being of people by The proposed development provides for additional enabling low density residential low-density housing in an attractive rural- development to locate in coastal areas residential environment that is close to the Kerikeri where any adverse effects on the town centre and the Kerikeri Inlet. Potential environment of such development are able adverse effects on natural and landscape coastal to be avoided remedied or mitigated. values can be avoided due to the location of the site away from the coastal environment.
10.7.3.2 To preserve the overall natural character of These matters have been addressed in Table 6 the coastal environment by providing for an above, particularly in response to Objectives 10.3.1 appropriate level of subdivision and and 10.3.2 and Policy 10.4.1. development in this zone.
Policies
10.7.4.1 That the adverse effects of subdivision, use Refer to Objective 10.3.1 in Table 4 and to the AEE. and development on the coastal environment are avoided, remedied or mitigated.
10.7.4.2 That standards be set to ensure that Access to each lot would be achieved through the subdivision, use or development provides extension of the existing road network and adequate infrastructure and services and additional side roads and JOALS that are integrated maintains and enhances amenity values and with Stages 1 and 2. Each lot would be required to the quality of the environment. provide for its own water supply, wastewater and stormwater disposal systems. The Engineering assessment of the site has concluded that this is achievable on all lots.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
10.7.4.3 Subdivision use and development shall This policy is similar to Policy 10.4.1 in Table 4. The preserve and where possible enhance, philosophy which underpins the design concept restore and rehabilitate the character of the that relies on the techniques described in items (a), zone in regards to s6 matters, and shall (b) and (e) in particular and has also taken the other avoid adverse effects as far as practicable by factors into account where relevant. using techniques including: (a) Clustering or grouping development within areas where there is the least impact on natural character and its elements such as indigenous vegetation, landforms, rivers, streams and wetlands, and coherent natural patterns; (b) Minimising the visual impact of buildings, development and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (c) Providing for, through siting of buildings and development and design of subdivisions, legal public right of access to and use of the foreshore and any esplanade areas; (d) Through siting of buildings and development and design of subdivisions, and provision of access that recognise and provide for the relationship of Maori with their culture traditions and taonga including concepts of mauri, tapu, mana, wehi and karakia and the important contribution Maori culture makes to the character of the District (refer Chapter 2 and in particular section 2.5 and Council's Tangata Whenua Values and Perspectives (2004); (e) Providing planting of indigenous vegetation in a way that links existing habitats of indigenous fauna and provides the opportunity for the extension, enhancement or creation of habitats for indigenous fauna, including mechanisms to exclude pests; (f) Protecting historic heritage through the siting of buildings and development and design of subdivisions.
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Table 8 - Natural & Physical Resources
OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
Objectives
12.1 Landscapes and Natural Features These objectives and policies relate to the management of outstanding landscapes, and natural features. The site is not within an outstanding landscape, nor does it contain any area of significant indigenous vegetation.
12.2 Indigenous Flora and Fauna These objectives and policies relate to the maintenance, enhancement and protection of indigenous biological diversity, significant habitats. The application site has limited areas of indigenous vegetation that includes a small remnant at Kapiro Road and an area of Totara trees in the northern (Stage 4) part of the site. The application recognises the indigenous vegetation habitat values of the northern part of the site which would seek to protect the existing bush via consent notice conditions of consent to restrict its removal and the keeping of potential predator animals at lots that have frontage to the Rangitane River Crown Grant Road reserve area. This approach is consistent with what the FNDC has required within Stage 2. The removal of a small stand of non-urban remnant native vegetation within Lot 106 would not be significant in terms of its habitat value or connections to any other existing area of indigenous vegetation or habitat.
12.3 Soils & Minerals
Objectives
12.3.3.1 To achieve an integrated approach to the This a governance responsibility of Northland responsibilities of the Northland Regional Regional Council and Far North District Council. Council and Far North District Council in respect to the management of adverse effects arising from soil excavation and filling, and minerals extraction.
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
12.3.3.2 To maintain the life supporting capacity of The purpose of the zone is to provide for rural the soils of the District. residential development in areas adjoining coastal settlements that can absorb low density development without affecting their overall coastal character. Some of the soils on the property have been classified as versatile being suitable for intensive horticulture but have not been utilised this way in the past. The Coastal Living zone is not within the rural environment and is essentially a residential zone.
12.3.3.3 To avoid, remedy or mitigate adverse effects One of the aims of the proposal is to minimise the associated with soil excavation or filling. amount of earthworks involved and the design of the subdivision layout, including siting of building platforms, has avoided areas with potential land stability problems. The proposed 'allowance' for earthworks in excess of the permitted standard is by itself a restricted discretionary activity and represents about one-third of the allowable standard for restricted discretionary activities in the zone. The increased volume proposed is considered pragmatic for works associated with development on individual lots because the positioning of the building envelopes on some of the larger lots requires longer driveways and because the design philosophy of integrating the buildings with the land form may require larger footprints or more excavation to allow buildings to sit within the landscape.
12.3.3.4 Relates to mineral extraction only. This is not relevant to the proposal.
Policies
12.3.4.1 That the adverse effects of soil erosion are Refer to the responses to the objectives in the first avoided, remedied or mitigated. part of this table and to the AEE and Engineering Report for further detail.
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12.3.4.2 That the development of buildings or The Coastal Living zone is a rural-residential living impermeable surfaces in rural areas be zone where the management of effects primarily managed so as to minimise adverse effects relates to the coastal environment. The increase in on the life supporting capacity of the soil. impermeable surface area is considered reasonable on larger sites to accommodate longer driveways and linear style, single storey dwellings that are better able to be integrated into the landscape, particularly along ridgelines. It is expected that any adverse effect on the life- supporting capacity of soil would be no more than minor in the overall context of the District.
12.3.4.3 Relates to soil and mineral extraction. Not applicable.
12.3.4.4 That soil excavation and filling, and mineral Refer to response to Objective 12.3.3.3 above. extraction activities be designed, constructed and operated to avoid, remedy or mitigate adverse effects on people and the environment.
12.3.4.5 That soil conservation be promoted. This has been taken into account in the measures to be adopted in the management of stormwater and the siting of building envelopes away from areas with potential for land stability problems.
12.3.4.6 Relates to mineral extraction only. Not applicable.
12.3.4.7 Relates to mineral extraction only. Not applicable.
12.3.4.8 Relates to mineral extraction only. Not applicable.
12.4 Natural Hazards These objectives and policies seek to reduce the threat of natural hazards to life, property and the environment. There are no natural hazards that have been identified at the site, nor is the site within any Coastal Hazard area.
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12.5 Heritage These objectives and policies seek to avoid the destruction or damage to identified heritage resources. A previous archaeological assessment of the site has not identified any existing heritage or archaeological features that would warrant protection. Development at the site would be subject to the requirements of the Heritage NZ Pouhere Taonga Act 2014 and the associated accidental discovery protocol requirements. A CIA undertaken by Ngati Rehia has not identified any specific site or features of cultural that would require protection but seek to be present on-site during development works in the event that any such features are uncovered.
12.6 Air Not applicable (chapter removed)
12.7 Lakes, Rivers, Wetlands and the Coastline These objectives and policies seek to manage and protect the District’s extensive coastline, harbours, estuaries, lakes, rivers, streams and wetlands from land use activities that would affect contamination, reduced water quantity and loss of habitat. The application site does not comprise any coastal margin and is not within the coastal environment boundary. The site is adjacent to a public Crown Grant Road that forms the southern margin of the Rangitane River. Larger lots are proposed adjacent to this margin which due to their size and likely building and effluent disposal field locations away from the river margin would not impact any existing ecological or cultural values.
12.8 Hazardous Substances Not applicable
12.9 Renewable Energy Sources Not applicable
Table 9 - Subdivision - Objectives and Policies
OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
Objectives
13.3.1 To provide for the subdivision of land in such a way as Whilst the proposed subdivision will be consistent with the purpose of the various zones proposes a higher density of residential in the Plan, and will promote the sustainable activity than the zone provides for, it is management of the natural and physical resources of considered that the development would the District, including airports and roads and the social, achieve the zone purpose on land that is economic and cultural well-being of people and situated away from the visible coastal
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communities. environment and avoiding, remedying or mitigating other potential adverse effects.
13.3.2 To ensure that subdivision of land is appropriate and is The proposed subdivision would not carried out in a manner that does not compromise the compromise the life-supporting life-supporting capacity of air, water, soil or ecosystems, capacity of air, water, soil or ecosystems and that any actual or potential adverse effects on the as land that is intended for residential environment which result directly from subdivision, activity in a coastal location. Reverse including reverse sensitivity effects and the creation or sensitivity effects can be mitigated to acceleration of natural hazards, are avoided, remedied less than minor and there would be no or mitigated. acceleration of natural hazards.
13.3.3 To ensure that the subdivision of land does not The application site does not contain, jeopardise the protection of outstanding landscapes or nor is it adjacent to any outstanding natural features in the coastal environment. landscapes or natural features.
13.3.4 To ensure that subdivision does not adversely affect The application site does not contain scheduled heritage resources through alienation of the any scheduled heritage resource. resource from its immediate setting/context.
13.3.5 To ensure that all new subdivisions provide a reticulated On-site, private water tank supply of water supply and/or on-site water storage and include water would be provided at each lot, storm water management sufficient to meet the needs including for fire-fighting purposes. Due of the activities that will establish all year round. to the topography of the site and its location within the lower part of the catchment, stormwater detention is not required or desirable.
13.3.6 To encourage innovative development and integrated Stages 3-6 form part of an originally management of effects between subdivision and land larger parent lot that has been use which results in superior outcomes to more progressively developed in a westward traditional forms of subdivision, use and development, direction in accordance with the for example the protection, enhancement and consented Stages 1 and 2 and an restoration of areas and features which have particular underlying management plan. This value or may have been compromised by past land master plan approach to the management practices. development of the site has established the road network, the position of reserves and a general lot size and layout that transitions from larger 8,000m2 lots in the east (within the visible coastal environment) to smaller, higher density rural-residential lots in the west. The protection of the Rangitane River margin is integral to the development where roads, building development and impermeable surfaces would be set back a sufficient distance to avoid adverse effects on
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water quality or ecological values.
13.3.7 To ensure the relationship between Maori and their The applicant has consulted with local ancestral lands, water, sites, wahi tapu and other taonga Iwi who were engaged to prepare a is recognised and provided for. Cultural Impact Assessment (CIA) in response to proposed development at the site. This consultation has not identified any concerns in respect of local mana whenua relationships with the land, the river, wahi tapu or other taonga. The applicant is actively engaged with Iwi to agree development works protocols and outcomes.
13.3.8 To ensure that all new subdivision provides an electricity Top Energy has indicated in supply sufficient to meet the needs of the activities that correspondence with the applicant that will establish on the new lots created. there is sufficient electricity supply to service the development.
13.3.9 To ensure, to the greatest extent possible, that all new The majority of lots have been designed subdivision supports energy efficient design through with a north-south orientation to appropriate site layout and orientation in order to maximise flexibility for solar orientation maximise the ability to provide light, heating, ventilation of future dwellings. A proportion of lots and cooling through passive design strategies for any will be located on the lower southern buildings developed on the site(s). slopes adjacent to Kapiro Road, however the size and dimension of the lots will ensure east and west solar access with the ability to achieve sufficient space between dwellings and boundaries.
13.3.10 To ensure that the design of all new subdivision The proposed subdivision design would promotes efficient provision of infrastructure, including be largely self-sufficient in terms of access to alternative transport options, communications water supply and waste-water and local services. infrastructure. A piped reticulated stormwater management system would form part of the subdivision development and be vested with FNDC for future ownership and maintenance. In terms of alternative transport options, the application site is within walking distance to local schools and the Kerikeri town centre and could also be accessed via bicycle.
13.3.11 To ensure that the operation, maintenance, Not applicable development and upgrading of the existing National Grid is not compromised by incompatible subdivision and land use activities
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Policies
13.4.1 That the sizes, dimensions and distribution of allotments As previously discussed, the location of created through the subdivision process be determined the application site (being the more with regard to the potential effects including cumulative westerly land that was formerly Tubbs effects, of the use of those allotments on: Farm) is situated away from the visible (a) natural character, particularly of the coastal coastal environment and is more environment; characteristic of surrounding rural land. (b) ecological values; The smaller lots sizes are justified on the (c) landscape values; basis that the proposed intensity would (d) amenity values; not adversely affect the natural (e) cultural values; landscape values associated with the (f) heritage values; and coastal environment or the ecological (g) existing land uses. values associated with the Rangitane River. Much larger lots generally compliant with the Coastal Living zone restricted discretionary size of lots (or greater) would be located adjacent to the Crown Grant Road to maintain a significant buffer to the more intensive rural-residential properties. In terms of heritage and cultural values, it has been determined through previous archaeological and cultural value investigations that there is nothing of significance within the application site.
13.4.2 That standards be imposed upon the subdivision of land All roads, footpaths and JOALS would be to require safe and effective vehicular and pedestrian designed in accordance with FNDC access to new properties. standards. The direction of traffic through the site and its connection to existing collector roads has been assessed to be safe, efficient and within the existing capacity.
13.4.3 That natural and other hazards be taken into account in No natural hazards have been identified the design and location of any subdivision. at the site.
13.4.4 That in any subdivision where provision is made for Electrical and telecommunication connection to utility services, the potential adverse services would be underground visual impacts of these services are avoided. consistent with Stages 1 and 2.
13.4.5 That access to, and servicing of, the new allotments be Proposed subdivision development and provided for in such a way as will avoid, remedy or earthworks would be managed in mitigate any adverse effects on neighbouring property, accordance with an Erosion and public roads (including State Highways), and the natural Sediment Control plan to avoid adverse and physical resources of the site caused by silt runoff, effects on neighbouring properties, traffic, excavation and filling and removal of vegetation. public roads and the adjacent Rangitane River. A staged approach to subdivision
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will limit the exposed land at the site and extent of stockpiling, and enable appropriate dust, noise and vibration management within FNDC construction standards.
13.4.6 That any subdivision proposal provides for the There are no identified heritage protection, restoration and enhancement of heritage resources at the site. Areas of resources, areas of significant indigenous vegetation and indigenous vegetation adjacent to significant habitats of indigenous fauna, threatened Rangitane River would be protected species, the natural character of the coastal either by containment within the Crown environment and riparian margins, and outstanding Grant Road or by bush covenants that landscapes and natural features where appropriate. would restrict the removal of existing Totara trees in the northern part of the site.
13.4.7 That the need for a financial contribution be considered A requirement for financial contribution only where the subdivision would: would not arise from the matters listed (a) result in increased demands on car parking in the policy. associated with non-residential activities; or (b) result in increased demand for esplanade areas; or (c) involve adverse effects on riparian areas; or (d) depend on the assimilative capacity of the environment external to the site.
13.4.8 That the provision of water storage be taken into On-site water supply storage is account in the design of any subdivision proposed.
13.4.9 That bonus development donor and recipient areas be Not applicable provided for so as to minimise the adverse effects of subdivision on Outstanding Landscapes and areas of significant indigenous flora and significant habitats of fauna.
13.4.10 The Council will recognise that subdivision within the The site is not within the Conservation Conservation Zone that results in a net conservation gain zone. is generally appropriate.
13.4.11 That subdivision recognises and provides for the Consultation with local Iwi is integral to relationship of Maori and their culture and traditions, this proposal. The CIA provided with with their ancestral lands, water, sites, waahi tapu and this application has not identified any other taonga and shall take into account the principles particular matters of concern. of the Treaty of Waitangi.
13.4.12 That more intensive, innovative development and The original parent lot was subject to a subdivision which recognises specific site characteristics management plan which forms many of is provided for through the management plan rule where the underlying principles that have been this will result in superior environmental outcomes. applied to this application. It is noted that economic circumstances have changed in terms of the marketability of
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OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
various lot sizes and also the Council’s willingness to accept additional reserve areas or manage stormwater within roads as per the District Plan rule (i.e grass swale systems). It is considered that the proposed subdivision still reflects the management plan outcomes consented in 2009 and would continue to enable additional housing supply consistent with the residential built environment emerging from Stages 1 and 2.
13.4.13 Subdivision, use and development shall preserve and RMA s6 matters include matters of where possible enhance, restore and rehabilitate the national importance including the character of the applicable zone in regards to s6 matters. preservation and protection of the In addition subdivision, use and development shall avoid natural character of the coastal adverse effects as far as practicable by using techniques environment, lakes and rivers and including: protection; the protection of (a) clustering or grouping development within areas outstanding natural features and where there is the least impact on natural character and landscapes and historic heritage from its elements such as indigenous vegetation, landforms, inappropriate subdivision, use and rivers, streams and wetlands, and coherent natural development; the protection of patterns; significant indigenous vegetation and (b) minimising the visual impact of buildings, fauna habitat; maintenance of public development, and associated vegetation clearance and access to the coastal marine area, lakes earthworks, particularly as seen from public land and the and rivers; the relationship of Maori coastal marine area; with their ancestral lands, water, sites, (c) providing for, through siting of buildings and waahi tapu, and other taonga and the development and design of subdivisions, legal public protection of customary rights and the right of access to and use of the foreshore and any management of risks from natural esplanade areas; hazards. (d) through siting of buildings and development, design As previously discussed, it is considered of subdivisions, and provision of access that recognise the proposed development as proposed and provide for the relationship of Maori with their would not adversely affect the coastal culture, traditions and taonga including concepts of environment as defined in the mauri, tapu, mana, wehi and karakia and the important Northland RPS, or any identified contribution Maori culture makes to the character of the outstanding landscape or significant District (refer Chapter 2 and in particular Section 2.5 and indigenous vegetation or habitat. The Council’s “Tangata Whenua Values and Perspectives” relationship of Maori with the land (2004); would be maintained through public (e) providing planting of indigenous vegetation in a way access and avoiding particular areas of that links existing habitats of indigenous fauna and interest (of which none have been provides the opportunity for the extension, identified). Proposed management of enhancement or creation of habitats for indigenous stormwater at the site would ensure fauna, including mechanisms to exclude pests; hydraulic neutrality to the degree that (f) protecting historic heritage through the siting of runoff volume at the site would be buildings and development and design of subdivisions. discharged appropriately to avoid
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(g) achieving hydraulic neutrality and ensuring that downstream flooding and localised natural hazards will not be exacerbated or induced erosion. through the siting and design of buildings and development.
13.4.14 That the objectives and policies of the applicable The degree to which the objectives and environment and zone and relevant parts of Part 3 of the policies of the Coastal Living zone are Plan will be taken into account when considering the achieved is discussed in Table xx above. intensity, design and layout of any subdivision. It is considered that the location of Stages 3-6 away from the visible coastal environment would avoid adverse effects that the Coastal Living zone seeks to avoid. The additional traffic generation from the development would be directed away from the coast down Landing Road towards Kerikeri township (or westward along Kapiro Road) and would affect the local coastal amenity of the Skudders Beach community.
13.4.15 That conditions be imposed upon the design of These are generally achieved by the subdivision of land to require that the layout and subdivision layout. orientation of all new lots and building platforms created include, as appropriate, provisions for achieving the following: (a) development of energy efficient buildings and structures; (b) reduced travel distances and private car usage; (c) encouragement of pedestrian and cycle use; (d) access to alternative transport facilities; (e) domestic or community renewable electricity generation and renewable energy use.
13.4.16 When considering proposals for subdivision and Not applicable development within an existing National Grid Corridor the following will be taken into account: (a) the extent to which the proposal may restrict or inhibit the operation, access, maintenance, upgrading of transmission lines or support structures; (b) any potential cumulative effects that may restrict the operation, access, maintenance, upgrade of transmission lines or support structures; and (c) whether the proposal involves the establishment or intensification of a sensitive activity in the vicinity of an existing National Grid line.
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Table 10 - Transportation
OBJECTIVE/POLICY PERFORMANCE OF PROPOSAL
Objectives
15.1 Traffic, Parking and Access These objectives and policies are concerned with the provision of parking and access associated with land uses on private property. This application is for subdivision of the subject land which demonstrates the feasibility of achieving legal access and parking requirements for the proposed residential lots.
Traffic generation is assessed in the Traffic Report prepared by Haigh Workman. The report demonstrates that there is sufficient capacity within the surrounding road network to safely absorb the additional traffic movement generated by residential activity at the site.
ASSESSMENT CRITIERIA
Table 11 - Subdivision Assessment Criteria [Rule 13.10]
ASSESSMENT CRITERIA PERFORMANCE
13.10.1 Allotment sizes and dimensions Whilst the majority of proposed lots are less than the minimum permitted or restricted standards, they are more than sufficiently sizes to accommodate a single dwelling and associated on-site water supply and wastewater treatment facilities, as well as ensure that future buildings are able to be positioned within the building setback requirements on the 17 sites identified as breaching the allotment dimension requirement.
The majority of the proposed allotment sizes would be smaller than those consented in Stages 1 and 2, however this reflects a transition across the whole development as it transitions away from the visible coastal environment. The site sizes are sufficiently large enough to achieve a spaciousness between dwellings and avoid the appearance of an urban suburban environment.
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13.10.2 Natural and Other Hazards There are no identified natural hazards occurring at the site that would affect the proposed development or the manner in which it has been designed. Technical information from suitably qualified experts and engineers to address in particular land stability and flooding has been provided. Earthworks would be managed in accordance with an approved Erosion and Sediment Control Plan.
Remediation works associated with the Kerikeri Pistol Club would be managed in accordance with the Remediation Action Plan and conditions of consent imposed by Far North District Council and Northland Regional Council.
13.10.3 Water Supply No reticulated water supply is available at the site. Water supply including for fire-fighting purposes would be provided privately via on-site water supply tanks. There is sufficient space on each lot for the required supply.
13.10.4 Stormwater Disposal The proposed stormwater drainage system for the site has been designed by Haigh Workman would convey the majority of stormwater from roads and private lots overland via natural gullies to the Rangitane River. A limited volume of water would discharge to the existing stormwater system on Kapiro Road.
13.10.5 Sanitary Sewage Disposal There are no reticulated sanitary sewer services available to the site. Proposed sites are of a sufficient size to treat and dispose of all household generated wastewater on- site.
13.10.6 Energy Supply Electricity services are available to the site. The supply of electricity to the boundary of each lot would be a requirement of resource consent.
13.01.7 Top Energy Transmission Lines The application site is not in close proximity to any Top Energy transmission lines.
13.10.8 Telecommunications Telecommunication services are available to the site. The supply of telecommunication services to the boundary of each lot would be a requirement of resource consent.
13.10.9 Easements for any purpose Easements in gross in favour of FNDC are proposed for stormwater drainage within Jointly Owned Access Lots. Easements in gross for electricity and telecommunication services within JOALS would also be required.
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13.10.10 Provision of Access Vehicle access to site would be provided in the manner described in the application. Potential adverse effects on the road network have been assessed. There is sufficient capacity within the existing road network to absorb the proposed increase in traffic volumes. Access to the site does not necessitate the removal of any trees or disturbance of an existing natural habitats, nor would proposed roads have any adverse visual effects.
13.10.11 Effect of Earthworks and utilities Bulk earthworks are required to develop the subdivision including the extended roads, site contouring and the installation of stormwater infrastructure and electrical and telecommunications services. Limited earthworks are also required for remediation of the pistol club range area and a future nominal 600m3 per lot. Effects associated with earthworks primarily relate to sediment and erosion control and the management of contaminated soil material that would be encapsulated within the northern part of the site. These effects would be managed in accordance with the erosion and sediment control plan the remediation action plan provided with this application.
13.10.11 Building Locations The subdivision would create sites with suitable building sites. These have determined in terms of their geotechnical suitability and servicing and vehicle access ability. Development restrictions on lots comprising the contaminated pistol club range may be appropriate as consent notices once remediation is complete, particularly as it is proposed the contaminated material is encapsulated within the site.
13.10.13 Preservation and enhancement of There are limited vegetation resources on the site and no heritage resources, vegetation, fauna and notable heritage, landscape, fauna values. It is proposed landscape, and land set aside for conservation that the native vegetation in the northern part of the site purposes. (existing Totara stand) is protected by way of conservation covenants that would be applied to the affected lots.
In addition, kiwi habitat protection consent notices are proposed for lots adjacent to the Rangitane River Crown Grant Road and the kiwi concentration zone to be consistent with those imposed in Stage 1 and 2. Some native planting is proposed within gullies for the purpose of managing stormwater erosion. Street planting consistent with Stages 1 and 2 would be continued throughout the extended public roads.
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13.10.14 Soil The Coastal Living zone provides for residential living at a rural-residential scale with an emphasis on protecting the natural coastal character of the coastal environment. Whilst the application site is classified on the FNDC as versatile Soils (2), the proposed development of the site for residential activities would be consistent with the zone purpose and would establish site sizes large enough for vegetable food production within private lots. Some site contouring and filling is required, however topsoil would remain within the site and not removed.
13.10.15 Access to waterbodies Legal public access to the southern side of the Rangitane River is established by way of the Crown Grant Road. Formed access has been constructed via reserves that were created as part of Stages 1 and 2. These would also serve the wider development areas.
13.10.16 Land use incompatibility As previously discussed, the potential for reverse sensitivity effects arising from horticultural and quarrying effects has been considered. The applicant acknowledges the potential sensitivity of residential activities locating in in close proximity to established rural activities. For this reason in addition to the NRC regulatory regime for agricultural spraying and the setback from boundaries, consent notices advising future landowners of the presence of horticultural activity is proposed and no
complaints covenants on lots within the 55dbA L10 noise contour in respect of the Stirling Quarry.
13.10.17 Proximity to Airports The proposed subdivision would not generate reverse sensitivity in relation to an airport.
13.10.18 Natural character of the coastal The application site is located away from the visible coastal environment environment and would not generate adverse effects on natural character of the coast
13.10.19 Energy Efficiency and Renewable These would be achieved a building consent stage. Energy Development/Use
13.10.20 National Grid Corridor The application site is not within the national grid corridor
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Land Use Assessment Criteria – Chapter 11
155. Applicable assessment criteria for proposed land use activities are assessed as follows:
Table 12 - Assessment Criteria for Impermeable Surfaces [Rule 11.3]
ASSESSMENT CRITERIA PERFORMANCE
(a) The extent to which building site coverage The Engineering assessment and design prepared by Haigh and impermeable surfaces result in increased Workman states that currently the majority of the site stormwater runoff and contribute to total drains towards the Rangitane River with partial runoff to catchment impermeability and the provisions of Kapiro Road. Post development of the site, a proposed any catchment or drainage plan for that northern diversion of stormwater would result in a net catchment. reduction in flows to Kapiro Road (for both the 10 year and 100 year design rainfall events).
Overall a 24% increase in peak stormwater runoff from proposed impermeable surfaces is estimated. However the engineering assessment concludes that this would be readily accommodated by the natural watercourses through the site and the Rangitane River. Detaining stormwater runoff within the site (other than private lot roof tanks) is not recommended due to the location of the site within the lower part of the Rangitane River catchment and the need to avoid an increase in peak flows.
(b) The extent to which Low Impact Design To the extent possible the proposals for stormwater principles have been used to reduce site management are based on the use of Low Impact Design impermeability in order to avoid, remedy or principles. However the use of grass swales within the road mitigate any adverse effects of stormwater reserves has been problematic for FNDC in terms of runoff on receiving environments. maintenance and so conventional kerb and channel drainage system is proposed
(c) Any cumulative effects on total catchment The management of stormwater on the site incorporates impermeability. attenuation measures to prevent adverse effects on the Rangitane River to prevent localised erosion within natural gullies and overland flowpaths and peak runoff volumes within the Rangitane River.
(d) The extent to which building site coverage Buildings will be required to be sited in the building and impermeable surfaces will disturb the platforms which have been identified in relation to land ground and alter the physical qualities of the soil stability and landscape factors. A total volume of 600m3 is type, soil pattern and natural contour of the site. proposed for earthworks required for buildings and driveways and the conditions of consent will contain requirements for managing such works.
(e) The physical qualities of the soil type Refer to the Engineering Report
(f) Any adverse effects on the life supporting Please refer to the considerations in Table 5 in respect of capacity of soils. Objective 12.3.3.2 and Policy 12.3.4.2.
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(g) The availability of land for the disposal of The Engineering Report concludes that the disposal of effluent and stormwater on the site without effluent and stormwater on each lot can be accommodated adverse effects on the water quantity and water within each lot. A detailed design for wastewater would be quality of water bodies (including groundwater required at building consent stage. and aquifers) or on adjacent sites.
(h) The extent to which paved, impermeable The allowances made for impermeable surfaces is surfaces are necessary for the proposed activity. consistent with what has been consented in Stages 1 and 2 and with the type and size of dwelling sought (and required by the developer) within the subdivision. The developer would require a minimum 200m2 dwelling and the extent of driveways would vary depending on the location a house relative to the road. Any additional surfaces would require a site-specific stormwater management design. In terms of stormwater management and any potential impact on the surrounding catchment, Haigh Workman has concluded that the additional runoff can be accommodated without adverse effects.
(i) The extent to which landscaping may reduce The proposed stormwater management system adverse effects of run-off. incorporates natural gullies and overland flowpaths to convey stormwater runoff to the Rangitane River. Gullies would be planted to reduce the velocity of water and appropriately manage erosion effects.
(j) Any standards promulgated by industry This is a residential subdivision that would be subject to groups FNDC and NRC standards for the management of stormwater.
(k) The means and effectiveness of mitigating Stormwater runoff from the impermeable surfaces would stormwater run-off to that expected by the be managed in accordance with the Haigh Workman design permitted threshold. recommendations.
(l) The extent to which the proposal has The design scenario for the management of stormwater considered and provided for climate change. runoff at the site includes rainfall estimates adjusted for climate change (p15 Haigh Workman Engineering Report)
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Table 13 - Visual Amenity Assessment Criteria [Rule 11.5]
ASSESSMENT CRITERIA PERFORMANCE
(a) The size, bulk, height and siting of the building The site has not been classified as an Outstanding or addition relative to skyline, ridges, areas of Landscape and does not contain any outstanding natural indigenous vegetation and habitat of indigenous features or significant flora or fauna. This part of the fauna, or outstanding landscapes and natural Rangitane River Park development is situated away from features. the visible coastal environment and does not contain land or natural features influenced by coastal processes.
The ridgelines within the site are topographical features of an undulating low-lying area within a river valley and are not dominating features defining the skyline. Although the ridgelines are not prominent, the need to integrate built development within this undulating landscape is the main factor behind the subdivision layout. Larger lots will enable low slung, single storey dwellings be located below the ridgelines or behind already subdivided sites and avoid any adverse visual effects that would be visible from the coastal environment or inappropriate in a rural-residential environment. For this reason a flexible building envelope that incorporates the whole site within building setback requirements is applied for.
(b) The extent to which landscaping of the site, The setting and location of the proposed sites is not and in particular the planting of indigenous trees, considered to warrant any special landscaping can mitigate adverse visual effects. requirements. Private lot landscaping conditions are not proposed or deemed necessary in this part of the development although it is expected that landscaping will mimic that which has already occurred within Stage 1. Restrictive covenants imposed by the developer would limit larger types of trees that are less suitable in this type of rural-residential development including Pinus species, any type of Eucalyptus species other than ornamental or small flowering gums, poplars, Japanese cedar, Cryptomeria, Japonica, Willows, Macrocarpa, Casuarinas, Douglas Fir, Cypress and Wattles.
(c) The location and design of vehicle access, On-site carparking would be provided for and designed in manoeuvring and parking areas. accordance with Council standards. Developer restrictive covenants would require a minimum building area of 200m2 including a garage and also makes provision for free-standing garages or building that are designed and constructed to the same materials specified for the development.
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ASSESSMENT CRITERIA PERFORMANCE
(d) The means by which permanent screening of This development conforms with the purpose of the zone the building from public viewing points on a of providing low density residential development. The public road, public reserve, or the foreshore may visibility of most of the lots from public viewing places is be achieved. from the applicants Stage 1 road and a view from cars while travelling along Redcliffs Road and Kapiro Road. The sites are not visible from the foreshore or Coastal Marine Area being hidden by the intervening ridgeline with the Stage 1 subdivision. Full screening of residential buildings is not considered to be necessary.
(e) The degree to which the landscape will retain The application site is not within the coastal environment the qualities that give it naturalness and visual as defined by the RPS nor is it visible from the coastal value as seen from the coastal marine area. marine area. The site will be developed for its intended purpose which enables low density residential activity, albeit at a higher density which is considered appropriate in this location.
(f) Where a building is in the coastal environment No future residential building would be within the coastal and it is proposed to be located on a ridgeline, environment. whether other more suitable sites should be used and if not, whether landscaping, planting or other forms of mitigation can be used to ensure no more than minor adverse visual effects on the coastal environment.
(g) The extent to which the activity may cause or No natural hazards have been identified at the site. exacerbate natural hazards or may be adversely affected by natural hazards, and therefore increase the risk to life, property and the environment.
Table 14 - Assessment Criteria for Earthworks [Rule 12.3.7]
Note: This table relates to the earthworks component of the land use application, i.e. the allowance of 600m3 per lot for formation of the building platform and driveway.
ASSESSMENT CRITERIA PERFORMANCE
(a) The degree to which the activity may cause The layout of the individual lots and the positioning of the or exacerbate erosion and/or other natural building platforms has been designed to avoid areas with hazards on the site or in the vicinity of the site, potential stability problems and of minimising earthworks. particularly lakes, rivers, wetlands and the Engineering design of foundations is required to ensure coastline; there are no adverse effects.
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ASSESSMENT CRITERIA PERFORMANCE
(b) Any effects on the life supporting capacity of Refer to earlier discussion under items (f) and (j) of Table the soil; 12.
(c) Any adverse effects on stormwater flow Management measures will be required to be put in place within the site, and stormwater flow to or from during site formation earthworks to ensure there are no other properties in the vicinity of the site adverse effects arising from loss of sediment and including public roads; subsequent contamination of water courses.
(d) Any reduction in water quality; Refer to (c) above.
(e) Any loss of visual amenity or loss of natural The site is not within the coastal environment. character of the coastal environment;
(f) Effects on Outstanding Landscape Features There are no such Features on the property. and Outstanding Natural Features;
(g) The extent to which the activity may The site does not contain any significant vegetation or adversely affect areas of significant indigenous habitat. vegetation or significant habitats of indigenous fauna;
(h) The extent to which the activity may No archaeological sites have been identified on the site adversely affect heritage resources, especially itself. Protocols will be put in place to identify procedures to archaeological sites; be followed should sites be discovered.
(i) The extent to which the activity may The aim of preventing sediment loss and reduction in water adversely affect the cultural and spiritual values quality is consistent with the values Maori place on of Maori, especially Sites of Cultural Significance protection of land and water resources. No sites of to Maori and waahi tapu; significance have been identified on the site in the District Plan.
(j) Any cumulative adverse effects on the As assessed in the AEE, adverse cumulative effects are not environment arising from the activity; anticipated.
(k) The effectiveness of any proposals to avoid, The proposed conditions of the land use consent will ensure remedy or mitigate any adverse effects arising the effectiveness of the proposals. from the activity;
(l) The ability to monitor the activity and to take Monitoring will be achieved through conditions of consent. remedial action if necessary.
(m) Not applicable
(n) Not applicable
7. PART II MATTERS
156. With regard to the purpose and principles of the Resource Management Act 1991, the following considerations are of relevance to this application.
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157. The proposal is considered to achieve the overall purpose of the Act as described in s.5 of the Resource Management Act in that it provides for sustainable management of the natural and physical resources of the property. Despite being at a higher density, the proposed lot sizes, access arrangements, servicing and location are considered compatible with other development and activities in the neighbourhood and hence the proposal can meet the socio- economic needs of the present and future landowners as well as the wider community without adverse effects and without requiring extension of services at a cost to the community.
158. The matters of national importance to which Section 6 relates are not considered relevant to this application because the site does not possess any of the particular values.
159. The items of relevance in Section 7 are considered to be efficient use and development of natural and physical resources, maintenance and enhancement of amenity and the overall quality of the environment. All of these factors are considered to be attained by the application.
160. There are no known Treaty of Waitangi issues affecting the site.
161. In summary, it is considered that the proposal achieves the outcomes sought by the RMA of in respect of sustainable management, amenity, efficient use and development and quality of the environment.
8. PROPOSED MITIGATION AND CONDITIONS
162. Proposed mitigation of adverse effects is incorporated into the subdivision design layout, the erosion and sediment control measures, the stormwater management design, existing bush protection, protection measures for kiwi habitat, contaminated land remediation procedures and design controls on buildings. Overall it is considered that the development would achieve the outcomes sought within the Coastal Living zone and avoid adverse effects on the coastal environment.
163. It is expected that the basis of conditions of consent would be those applied to Stages 1 and 2 with appropriate modifications for Stages 3-6 to reflect a less sensitive location relative to the coastal environment. The applicant would request for review and comment a copy of the draft conditions of consent prior to issue. Conditions of consent that are offered in conjunction with this application are offered in summary as follows:
Subdivision (223)
• Conservation covenants in respect of existing native vegetation within lots 127-132.
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• Consent Notice restrictions on lots 112-115, 120-123, 126-131, 132-134 and 137-138 for the keeping of cats, dogs and mustelids to protect Kiwi habitat; • Consent restrictions on noise complaints relative to quarry operations on lots 112-115, 120-123, 126-134, 142-149, 169-171 and 185-188 (26 Lots); • Consent notices advising the presence of horticultural activities and requiring drinking water filtration systems noise contour sites on lots 108-111, 105-106, 101-102, 98, 71-76, 67-68 and 60; • Registration of contaminated land (post pistol club remediation) as required.
Land Use
• Condition relating to the remediation and validation of contaminated land associated with the Kerikeri Pistol Club; • Conditions on the management of bulk subdivision and private lot earthworks consistent with Stages 1 and 2; • Conditions limiting Impermeable surfaces (stormwater) on proposed lots as proposed. • Conditions requiring road reserve landscaping consistent with Stages 1 and 2. The applicant would request that there are no conditions requiring private lot landscaping or weed/pest management control, other than those comprising bush covenants; • Conditions enabling the building visual amenity envelope to apply to the whole property boundary.
9. SECTION 95 NOTIFICATION
164. S95 of the RMA determines circumstances when public or limited notification of an application may be appropriate. Section 95A sets out a series of steps for determining public notification. These include: • Step 1 – Mandatory public notification in certain circumstances. In respect of this application, the applicant is not seeking public notification, nor is it subject to a mandatory notification requirement.
• Step 2 – Public notification precluded in certain circumstances. There are no circumstances that would preclude public notification of this application. It is not a controlled activity, nor is it a restricted discretionary or discretionary application for subdivision for a residential activity. The application is non-complying overall. The application is not a boundary activity.
• Step 3 – Public notification required in certain circumstances. In respect of clause 8(a) the application is not subject to a rule or national environmental standard that requires public notification. In respect of clause 8(b), this assessment of effects on the environment concludes that any adverse effects would not be more than minor. For these reasons, it is considered that the application can be processed without
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public notification.
• Step 4 – Public notification in special circumstances. ‘Special circumstances’ are those that are unusual or exceptional, but they may be less than extraordinary or unique. (Peninsula Watchdog Group Inc v Minister of Energy [1996] 2NZLR 5290). It is considered that there are no unusual or exceptional circumstances that would warrant notification of this application.
165. Section 95b sets out a series of steps for determining limited notification. These include: • Step 1 – certain affected groups and affected persons must be notified. These include affected customary rights groups or marine title groups (of which there are none relating to this application). Affected groups and persons may also include owners of adjacent land subject to statutory acknowledgement if that person is considered to be affected in accordance with s95E. There are no groups or affected persons that must be notified with this application.
• Step 2 – limited notification precluded in certain circumstances. These include any rule or national environmental standard that precludes limited notification, or the activity is solely for a controlled activity or a prescribed activity. These circumstances do not apply to this application.
• Step 3 – certain other persons must be notified. An affected person is determined in accordance with s95E. A person is affected if the consent authority decides that the activity’s adverse effects on the person are minor or more than minor (but are not less than minor). Adverse effects on a person may be disregarded if a rule or a national environmental standard permits an activity with that effect or is a controlled or restricted discretionary activity with an adverse effect that does not relate to a matter over which a rule or standard reserves control or discretion. Those circumstances do not apply to this application. S95E(3) states that a person is not affected if the person has given, and not withdrawn their written approval for a proposed activity or a consent authority is satisfied that it is unreasonable in the circumstances for an applicant to seek a person’s written approval.
166. In respect of this application, an assessment of effects on the environment has concluded that in all potential effects it can be concluded that adverse effects are less than minor as they would affect owners of land beyond the boundary of the site. Adjacent horticultural or quarry properties that may be subject to reverse sensitivity effects include:
• Lot 2 DP 160958 and Lot 2 DP 322413 • Lot 1 DP 388171 and Lot 2 DP 388171 (Stirling Quarry) • Lot 16 DP 171115 • Lot 15 DP 70897
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Figure 12 - Location of Land owned by persons potentially affected persons by reverse sensitivity
167. Potential mitigation of these effects is outlined in the proposal section of this application and includes the existing NRC regulatory regime for horticultural spraying, the separation distance to horticultural properties across Kapiro and Redcliffs Roads, the existing spray screens and shelterbelt planting and the proposed consent notice conditions offered by the applicant to advise future landowners of the proximity of horticultural activities. Similarly, in relation to the quarry operation, the applicant proposes to define the extent of noise effects via a defined
55dBA L10 noise contour and restrict complaints and impose acoustic insulation requirements on habitable buildings in those locations. It is concluded that any potential reverse sensitivity effects beyond the boundary of the site would be less than minor.
10. OTHER RESOURCE CONSENTS REQUIRED
168. Other resource consents required in respect of this proposal include applicable rules under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) and the Northland Regional Plans (operative 2016 and Proposed Appeals version July 2019). The consent requirements under NES are documented in Section 5 of this application.
169. Regional resource consents are applied for concurrently with this subdivision and land use consent application. Proposed activities relating to the management of stormwater runoff and the remediation of contaminated land are permitted activities. Resource consent for land disturbance the diversion of runoff is required under the following rules:
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Regional Water and Soil Plan for Northland (updated 2016)
• (Controlled Activity) Rule 33.2.1 – cut and fill earthworks exceeding 5,000m3 in any 12 month period. • (Controlled Activity) Rule 22.2.1 – associated diversion and discharge of stormwater from land disturbance activities • (Controlled Activity) Rule 26.2 – for a bore constructed for the purpose of taking samples of groundwater from an aquifer in association with the investigation or monitoring of a contaminated site.
Proposed Regional Plan for Northland (Appeals Version July 2019)
• Controlled Activity (Rule C.6.8.3) – Contaminated land remediation • (Controlled Activity) Rule C.8.3.2 – Earthworks and the diversion of stormwater and discharge or stormwater onto land
170. Stormwater discharge from the developed site is a permitted activity in accordance with Rule 21.1.1 of the operative Regional Water and Soil Plan and Rule C.6.4.2 of the Proposed Plan.
171. No other resource consents would be required.
11. CONCLUSION
172. This application seeks resource consent for subdivision that would enable a low-density residential development comprising 133 new residential lots and the construction of a single dwelling unit on each of those lots. The subdivision application is a Non-Complying Activity under the rules of the District Plan and is Discretionary in respect of visual amenity, impermeable surfaces and earthworks and some transportation related activities.
173. The proposal would be in accordance with the purpose and principles of the RMA in respect of Part II matters and the provisions of section 104. The potential environmental effects have been assessed as minor and the proposal would not be contrary to the objectives or policies of the relevant regional policy statement or district plan.
174. The non-compliance with the Plan rules in respect of the land use applications relates to visual amenity, impermeable surfaces earthworks and minor traffic rules. Resource consent in respect of visual amenity considerations is required to ensure that they are not visually obtrusive in their rural setting and particularly the coastal environment. This location is assessed as not having any coastal influence and is not visually connected to the coastal marine area. The identification of the required site set back from the boundary forming the permitted building envelope and the recommended conditions of consent regarding the
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design parameters for future dwellings replicates many of the principles used in the original management plan application, to achieve a similar level of visual integration that is emerging from Stages 1 and 2. This approach removes the need for a subsequent Controlled Activity resource consent thereby avoiding duplication of an assessment and being more efficient in terms of administering the District Plan.
175. The proposed limits for impermeable surfaces and earthworks represent a pragmatic approach to applying these rules to lots of the sizes achieved in the proposal given that they facilitate other aims such as landscape integration through allowing buildings to be set into the landscape through excavation of platforms and keeping building height low while allowing a reasonably sized house to be accommodated. These limits are also similar to what was approved in respect of the original management plan application.
176. The proposed would generate adverse effects on the environment beyond the boundary of the site that are less than minor. It is considered that this application can be processed on a non-notified basis.
Deanne Rogers MNZPI Bay of Islands Planning Limited.
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