12th February 2020

District Services – Resource Consents Council Private Bag 752 0440

Attention Louise Wilson

Dear Louise

APPLICATIONS FOR RESOURCE CONSENT TO SUBDIVIDE BY C & F OSLER- WEPPENAAR.

Zenith Planning Consultants Limited has been engaged by Carol and Freddy Osler- Weppenaar to assist in the preparation of a resource consent to subdivide Te Ti 7A to create two lots.

The application site is located at 54 Road/ State Highway 11, and is zoned Coastal Residential.

With respect to application fees, Carol and Freddy will pay either online using the reference “Osler-Weppenaar Resource Consent” or at the Service Centre in .

Please find attached the following information in support of the application:

• Completed Application Form • Planning Report and Assessment of Effects • Scheme plan • Certificate of Title, • Written Approval forms; • Supporting information; and, • Correspondence from Top Energy, Chorus and NZTA

Please advise who the reporting planner will be as soon as possible and should you have any queries in respect to this application please contact me.

Yours faithfully

Wayne Smith Zenith Planning Consultants Ltd Principal | Director BPlan | BSocSci | MNZPI [email protected] mob: +64 (0) 21 202 3898

PLANNING ASSESSMENT FOR A RESOURCE CONSENT APPLICATION TO SUBDIVIDE:

This application is made by Carol and Freddy Osler-Weppenaar and is to subdivide a property located at 54 Puketona Road (State Highway 11), Paihia.

1.0 Application Description

1.1 The proposal is to subdivide Te Ti 7A (being 6741m2 in area) to create two lots:

• Lot 1 being 600m2 and occupied by an existing dwelling; and, • Lot 2 being 6141m2 and which is currently occupied by Action World - a land based tourism operation.

The application site is located within the Coastal Residential zone under the Far North District Plan. There is an Outstanding Landscape notation located at the rear of the property and this area contains the existing dwelling which was consented under its own resource consent and under the current rules which apply.

1.2 The application site has reticulated wastewater available and therefore the minimum lot size for sewered lots within the Coastal Residential zone applies and is detailed within Table 13.7.2.1(x) of the Far North District Plan.

Coastal Residential

Controlled Standard The minimum lot size is 800m2.

Discretionary The minimum lot size is 600m2.

Outstanding Landscape

Under Table 13.7.2.1(xix) any lot which contains an Outstanding Landscape notation requires further consideration. With the lot being zoned Coastal Residential, the minimum lot size is required to be the same as the Discretionary threshold i.e. a minimum lot size of 600m2.

1.3 The proposed lot sizes are 600m2 and 6141m2 respectively and can meet the discretionary thresholds as detailed above.

1.4 Therefore, the application is assessed as being a Discretionary Activity.

2.0 Application site and background

2.1 The application site is located at 54 Puketona Road, Paihia. The property is currently used as a tourism operation “Action World” and operates daily within the summer period and periodically throughout the remainder of the year. The operation also hosts events for organisations and groups. In addition to the park, the site also contains an existing residential dwelling occupied by the applicant. Resource consent applications

have secured both the tourism operation (commercial operation in a Coastal Residential zone) and also a residential dwelling (being a building located within an Outstanding Landscape).

2.2 The site is mostly flat and where not occupied by Action World activities, is grassed or surfaced (with an all-weather surface). The rear portion of the site rises up to the existing dwelling which is at the highest point of the lot and is in regenerating Manuka. Action World contains a number of different activities for visitors which provides physical and mental challenges for participants of all ages.

2.3 The general character of the area is a mixture of lot sizes which includes housing within bush clad slopes and a number of adjoining and nearby commercial activities.

This photo is of Action World. The car park located at the bottom of the photo and the dwelling located above the concreted access.

2.4 The existing title has no notations or legal documents such as Section 221 Consent Notices or Covenants which affect or impact on the ability to develop the site. Future development will therefore be subject to rules detailed within the Far North District Plan and also any requirements or conditions relevant to existing resource consents. In considering the future development of the larger lot there is significant capacity for the site particularly given the size of the property and the development standards which currently apply to the site.

2.5 The access to the proposed Lot 2 and the existing dwelling will be via the existing access track which passes through the middle of proposed Lot 1. The formation is grassed and all weather with a firm base course and which leads to the concreted section of driveway located on the steeper part of the driveway (located along the eastern boundary), and which leads up to the existing dwelling.

This photo illustrates the right hand turn into the site and a general layout of the entrance.

The entrance and carpark for Action World.

Action World layout. The existing access to the concrete driveway is through the centre of the park between the different activities.

2.6 The site is located within the Coastal Residential Zone which is applied to and provides for areas of intensive development within the coastal environment. The zoning is generally applied to established urban areas. The zone enables development but also strives to maintain the natural coastal character of the area. The application site adjoins the General Coastal zone to the south and west which has significant controls on development.

2.7 The upper portion of the site (where the existing dwelling is located) enjoys views of the coastal marine area and the surrounding valley. The flatter section of the site is below the level of Puketona Road and while the park equipment is visible from public vantage points, this site is partially screened by roadside vegetation.

2.8 The Northland Regional Council as part of their Regional Policy Statement review process has re-assessed the “coastal environment” with a detailed review of the whole of the . This assessment has modified the extent of the coastal environment and developed updated maps. This re-assessment has resulted in the application site falling outside of what is considered to be “the coastal environment” and therefore the Regional Planning (and higher order documents such as the NZCPS) and related considerations (insofar as coastal requirements) are considered to be no longer applicable. The district plan review which is to commence toward the end of 2020 will likely reflect this change with modifications likely for this area based on this completed review and to match current uses and activities on the application site and for those commercial activities which are located to the east of the site.

2.9 The application site is located within a “Kiwi Present” area. The applicant owns two small dogs and has always had dogs within the site. It is considered that an advice note is more than adequate in this circumstance advising that Kiwi may be present within the immediate area. The use of an advice note is particularly relevant given the Coastal Residential zoning. Details of what this advice notice could convey is detailed later within this assessment.

3.0 DISTRICT PLAN RULES

Subdivision 3.1 A resource consent application for subdivision is required to be assessed under Section 13 of the Far North District Plan. This section not only provides the minimum lot size requirements but also other standards and information requirements which need to be satisfied.

3.2 Table 13.7.2.1(x) Lot Size – The minimum lot sizes required for each lot within the Coastal Residential Zone.

The district plan describes the zone as

The creation of this zone recognises the need and demand which exists for residential development on the coast. It also recognises that development can have adverse effects on the coastal environment. These effects are managed both through the areal extent of the zone and the rules which it contains.

The Coastal Residential Zone provides for the most intensive development of all the zones in the coastal environment. It is applied in areas where an urban residential style and scale of development exists now. It enables the further development of these areas in a way which retains, as far as possible, the natural character of the coastal environment.

The Coastal Residential Zone is similar to the Residential Zone but has slightly different environmental standards reflecting the character of the small coastal settlements to which it is applied.

The proposed lots are consistent with the discretionary threshold with both lots being a minimum of 600m2. The proposed lot sizes are generally comparable to those lots surrounding the site noting that the controlled lot size for the zone is 800m2. The Outstanding Landscape notation which applies to a section of the site is also required to meet the 600m2 minimum lot size. The effects on this notation have already been considered when the existing dwelling (located within proposed Lot 2) was developed. The allotment configuration does not affect the existing resource consent decision or the reasons for this consent.

The sensitivity of the site is somewhat negated by surrounding commercial activities (within the site and the accommodation related activities adjacent) and further afield the Commercially zoned properties between the site and coastline and which includes the Caltex Service Station, a Tyre shop, a mechanical repair business, and the Countdown supermarket.

The subdivision is considered to be more closely aligned with standard residential or commercial rather than the Coastal Residential which applies. This is because of the present use and because the site is no longer considered to be within the coastal environment as defined by Northland Regional Council.

The application is assessed as a discretionary activity.

3.3 Rule 13.7.2.2 – Allotment Dimensions – this section details the allotment dimensions required for a lot within the Coastal Residential Zone. Each lot shall be capable of encompassing a 14m x 14m square without encroaching on required boundary setbacks. In this instance the boundary setbacks within the Coastal Residential Zone are 3m from the road and 1.2m on all other boundaries. The purpose of this rule is to enable a dwelling to be constructed on the proposed lot. The scheme plan illustrates the existing dwelling comfortably meeting the required setback and is also compliant with sunlight requirements.

NES REGULATION

3.4 The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 is required to be considered where the proposed activity involves the subdivision of land.

3.5 In considering and assessing the application against the Regulation it is important to consider the site history and use of the site. A review of Council records for known sites is also a source of information. The landowner and previous owners can also provide historical details. There is no records of any activity on the HAIL list as having occurred on the site or which is currently occurring.

3.6 With neither of the proposed lots having any past use or present characteristics for any of the HAIL activities on the respective lots, it is contended that the Regulation does not apply to this proposal.

4.0 ASSESSMENT OF EFFECTS

4.1 EXISTING ENVIRONMENT

4.1.1 The site is surrounded by residential properties, regenerating bush clad slopes, and commercial sites involved in the provision of tourist accommodation, an RV park, a service station, tyre and mechanical repair premise, and a Countdown supermarket. The regenerating bush clad slopes have a number of residential units located within it and all of which blends into the immediate environment. Each dwelling has their own resource consent approval due to the Outstanding Landscape notation and the General Coastal / Coastal Living zones which may apply to neighbouring lots. The closeness of the vegetation to the dwellings would also likely to have resulted in a breach of the “Fire Risk to Residential” rule.

4.1.2 The smaller lot is already occupied by a consented dwelling and the proposed lot size for the existing dwelling ensures that compliance with all other relevant rules is achievable with effects relating to the existing dwelling being less than minor. The larger lot will also have a portion of Outstanding Landscape and any further development of the site within this area would need to be cognisant of this Outstanding Landscape notation and the implications that this notation can have on the future development of the site. Care will need to be had with respect to material selection and the design and with landscaping ensuring that the visual effects of development within this notation is less than minor. Notwithstanding this notation, the majority of the site is only subjected to the Coastal Residential rules.

4.1.3 The immediate area is therefore considered to be reasonably intensively developed with the character of the area dominated by a number of commercial activities with residential dwellings interspersed within the vegetated slopes. Subdivision of this site is not considered to conflict with the existing environment.

4.2 PERMITTED BASELINE

4.2.1 Pursuant to section 104(2), when forming an opinion for the purposes of section 104(1)(a) a council may disregard an adverse effect of the activity on the environment if the plan or a NES permits an activity with that effect (i.e. a council may consider the "permitted baseline").

4.2.2 The permitted baseline refers to permitted activities on the subject site. The subdivision of land under the district plan is not a permitted activity and so therefore for the purposes of subdivision permitted baseline cannot be considered as a relevant consideration.

4.2.3 The existing “Action World” activity provides a baseline for consented development and general activities on the site and this provides some assistance from a development perspective as to what has been considered an acceptable level of development for the site. Future landuse activities for the larger lot will be able to consider these existing activities and the permitted baseline that the consented development is afforded.

4.3 ASSESSMENT OF EFFECTS

4.3.1 In considering any application which creates a new title, the application must provide an assessment of environmental effects. The subdivision chapter of the district plan provides details of the information required to be provided in considering these applications and also details the matters and criteria to be utilised.

4.3.2 The application is a discretionary application as the proposed lot sizes do not meet the minimum lot size requirements for a controlled activity. Discretionary applications are required to be considered under section 13.10 of the plan for matters to be considered. The matters under section 13.10 are now addressed.

Please note that references that are not relevant to this application have been deleted in order to focus on the key and relevant considerations.

4.3.3 SUBDIVISION

13.10 ASSESSMENT CRITERIA

In considering whether or not to grant consent or impose conditions on this application, such work, needs to be completed prior to the issuance of the s224(c) Certificate.

13.10.1 ALLOTMENT SIZES AND DIMENSIONS

(a) Whether the allotment is of sufficient area and dimensions to provide for the intended purpose or land use, having regard to the relevant zone standards and any District wide rules for land uses. (b) Whether the proposed allotment sizes and dimensions are sufficient for operational and maintenance requirements. (c) The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities, and access arrangements. (d) Whether the cumulative and long term implications of proposed subdivisions are sustainable in terms of preservation of the rural and coastal environments.

The allotment size for the smaller lot does not meet the controlled lots size of 800m2 but does meet the minimum 600m2 required for a discretionary activity lot size for the Coastal Residential Zone. It is contended that the effects from the application will be less than minor. The existing residential development on proposed Lot 1 has been established for a number of years. The proposed smaller lot (Lot 1) meets the functional needs and requirements for the dwelling and does not compromise the character of the area.

It is contended that the intensity of development that this subdivision creates and with the layout proposed that this application is wholly appropriate. The resulting development will maintain amenity levels despite the marginal increase in the intensity of the development. The proposed larger lot is significantly larger than the controlled lot size requirement and will contain the existing Action World operation.

It is therefore contended that the proposed lots are sufficiently sized to meet the intensity of development and activities on the site. The existing development which is located within and which surrounds the lot is unaffected by this proposal and the usual

development rules which apply to the zone will continue to apply to this site. There is significant space within the larger lot (Lot 2) to enable further development to occur. It is also contended that the development of a dwelling within this site will comfortably meet the development standards for the zone. If the larger lot owner proposes to construct a dwelling within the Outstanding Landscape then controls on building colours and materials will be complemented by required landscaping. There is no reason to suggest that any resource consent requirement for buildings within an Outstanding Landscape could not be met by relevant conditions.

The allotment configuration is logical with access to proposed Lot 1 achieved through a ROW located through the middle of proposed Lot 2 and which follows the existing grassed access leading to the concreted access. It is considered that notwithstanding the proposed allotment size of Lot 1 only being 600m2 that this proposal achieves the requirements detailed under this section.

13.10.2 NATURAL AND OTHER HAZARDS

In assessing any subdivision, and for the purposes of s106 of the Act, the Council will have regard to:

(c) Potential adverse effects on other land that may be caused by the subdivision or anticipated land use activities. (d) In relation to inundation from any source, the Council shall have regard to the following factors: (i) the effects of any proposed filling being undertaken to avoid inundation and the consequential effects on the natural drainage pattern and adjoining land; (iv) any proposed boundary drainage to protect surrounding properties; (v) the adequacy of existing outfalls and any need for upgrading; (vi) any need for retention basins to regulate the rate and volume of surface run- off. (h) In relation to land filling and excavation operations, the following factors: (i) the effects on surrounding properties in terms of dust nuisance, visual detraction, or the potential height of buildings on filled land; (ii) any adverse impacts on the natural pattern of surface drainage both on and outside the site; (iii) the type of, and placement of, fill material in terms of its potential for contamination of land or water, or potential subsidence; (iv) mitigation, or avoidance, of adverse effects caused by filtration affecting neighbouring properties; (v) remedies necessary during emergencies; (vi) the rules contained in Section 12.3 relating to filling and excavation of land; (vii) the impact of filling or excavation on heritage values, ecological values, cultural values, surface water quality, and access along waterways; (viii)any beneficial effects in terms of waterway enhancement.

The site contains no natural hazards to which s106 of the Act could apply. There is no evidence of erosion within the site. There is also no flood risk and there are multiple potential house site locations on proposed lot 2 which are not close to any water body.

The prospect of stormwater concentration concerns has no basis as the existing development and any additional development will need to be managed as part of future

applications. The likely future dwelling on proposed Lot 2 could readily meet all of the bulk and location requirements with consideration of existing development being had. The final design and scale will determine compliance (or not) with the respective rules.

There are no identified hazards which have cause to impact on the proposed subdivision or which could adversely affect the ability to undertake the subdivision and the development of a potential dwelling on the vacant allotment.

The hazard related effects are considered to be less than minor with no relevant conditions required to be imposed.

13.10.3 WATER SUPPLY

(c) Whether the provisions of the Council’s “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004) have been met in respect of installation of all necessary water supply pipe lines, and ancillary equipment necessary for the subdivision, including extensions to existing supply systems, and including mains, sub-mains, service and fire hydrants. (d) Whether the existing water supply systems, to which the connection will be made, have sufficient capacity to service the subdivision. (e) Whether it may be necessary to provide new reservoirs, pumping stations and rising mains, or increased pipe sizes leading to the subdivision in existing streets, or providing new wells and new pumping units. (f) Whether there is a need for a local purpose reserve to be set aside and vested in the Council as a site for any public water supply utility required to be provided.

It is contended that with the existing dwelling and Action World operations enjoying reticulation to the existing Council’s reticulated water system, that a water connection for any potential dwelling on proposed Lot 2 can be accessed without additional effects.

The controlled level of subdivision could see multiple lots allowed on the larger Lot 2 and this would need to be supplied under the current rules. It is therefore considered that there is sufficient supply of potable water which also includes any provision required for fire-fighting purposes.

If required, water tanks could be used to provide additional water harvesting options but this is not considered necessary given that a readily available Council provided water supply passes through the site.

There are no adverse effects that are associated with the providing water supply and in meeting firefighting requirements as these already exist on the site.

13.10.4 STORMWATER DISPOSAL

(b) Whether the application complies with the provisions of the Council's “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004). (d) The degree to which Low Impact Design principles have been used to reduce site impermeability and to retain natural permeable areas.

(e) The adequacy of the proposed means of disposing of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces. (k) Any adverse effects of the proposed subdivision on drainage to, or from, adjoining properties and mitigation measures proposed to control any adverse effects. (l) In accordance with sustainable management practices, the importance of disposing of stormwater by way of gravity pipe lines. However, where topography dictates that this is not possible, the adequacy of proposed pumping stations put forward as a satisfactory alternative.

The stormwater management for the site is currently low key and would be best described as comprising low impact design attributes. This approach is derived primarily from the relative size of the site and the limited catchment which impacts on the application site. The stormwater from the existing dwelling is not harvested and is directed to existing drainage points located within the property. The footprint of the existing dwelling is not significant and where this is not captured the water by stormwater channels, the water flows into the existing vegetated clad hillside immediately below the dwelling.

There are several subsurface drains throughout the Action World site and this is directed to an existing pond located to the west of the site on the adjoining property. The legal road (Puketona Road / SH11) and adjoining properties to the east are either at or above the ground level of the site and so the impermeable surfaces from the site flow toward the low end of the property located to the west of the site.

The proposed subdivision will not generate additional stormwater that will be required to be managed. Future development in proposed Lot 2 will need to provide plans and information at the time of any Building Consent (Resource Consent) which will address this factor.

The existing topography means that the site does not receive water from adjoining lots within the development areas and the catchment arrangement means that there is little, if any, stormwater runoff onto adjoining properties with any water flowing towards the pond to the west of the site.

The subdivision will not result in any adverse effect on the existing stormwater management within the application site. It is contended that the current provision is more than adequate and that the existing and potential effects are considered to be less than minor. The additional stormwater from any new dwelling located on proposed Lot 2 will be dealt with at the building consent stage.

13.10.5 SANITARY SEWAGE DISPOSAL (a) Whether the capacity, availability, and accessibility of the reticulated system is adequate to serve the proposed subdivision. (b) Whether the application includes the installation of all new reticulation, and complies with the provisions of the Council’s “Engineering Standards and Guidelines” (2004) - Revised March 2009 (to be used in conjunction with NZS 4404:2004). (c) Whether the existing sanitary sewage disposal system, to which the outfall will be connected, has sufficient capacity to service the subdivision. (d) Whether a reticulated system with a gravity outfall is provided, and where it is impracticable to do so, whether it is feasible to provide alternative individual pump

connections (with private rising mains), or new pumping stations, complete pressure, or vacuum systems. Note: Council consent to install private rising mains within legal roads will be required, under the Local Government Act.

The application site is reticulated to Council’s wastewater system with existing connections to buildings on each lot. Any new dwelling will likely use the existing connections that are available. The additional demand is considered to be acceptable given the number of lots which could be created on the total application site as a controlled subdivision.

Existing connections and lines will be protected by easements which are illustrated on the survey plan.

The wastewater related effects are considered to be less than minor.

13.10.6 ENERGY SUPPLY (a) Where the subdivision involves the construction of new roads or formed rights of way, whether an extended reticulation system will be installed (at the subdivider’s cost), having regard to the provisions of the Council’s “Engineering Standards and Guidelines 2004 – Revised March 2009 (to be used in conjunction with NZS 4404:2004). The application for subdivision consent should also indicate how lots are to be reticulated. (b) Whether the proposed reticulated system to be installed by the subdivider is adequate for the likely development. (f) Whether there will be potential adverse effects of the proposed reticulation system on amenity values. (g) Whether the subdivision design, location of building platforms and proposed electricity supply has had adequate regard to the future adoption of appropriate renewable energy initiatives and technologies.

As part of the preliminary consultative process comments from Top Energy Limited (as the network provider) were sought. Top Energy raised no concerns and advised that existing connections were in place to each of the respective lots. and noted that each lot enjoys an existing connection. Easements for the location of these lines have been provided and are detailed within the subdivision scheme plan.

13.10.7 TOP ENERGY TRANSMISSION LINES

Where it is proposed to subdivide land to create new allotments within an area measured 20m of either side of the centre point of an electrical transmission line designed to operate at or above 50 kV, particular regard shall be had to the following matters:

This provision does not apply as there are no 50kV lines near to the application site.

13.10.8 TELECOMMUNICATIONS (a) Where the subdivision involves construction of new roads or formed rights of way, whether an extended reticulation system has been installed (at the subdivider’s cost), having regard to the Council’s “Engineering Standards and Guidelines 2004 – Revised March 2009 (to be used in conjunction with NZS 4404:2004) and “The National Environmental Standard for Telecommunication Facilities 2008”.

(b) Where the proposed system will serve other land which is not part of the subdivision, whether the network operator is providing sufficient capacity as initially installed, and the cost of such provision. (c) Whether the proposed reticulation system will have potential adverse effects on amenity values. Note: Upgrading or cost-sharing will be solely a matter for the network operator

As part of the preliminary consultative process comments from Chorus Limited (as the network provider) were sought. Chorus raised no concerns and advised that connections were available. Easements as required for the existing connections and lines within the site have been provided and illustrated on the survey plan.

13.10.9 EASEMENTS FOR ANY PURPOSE Whether there is a need for an easement for any of the following purposes: (a) Easements in gross where a service or access is required by the Council. (b) Easements in respect of other parties in favour of nominated allotments or adjoining Certificates of Title. (c) Service easements, whether in gross or private purposes, with sufficient width to permit maintenance, repair or replacement. Centre line easements shall apply when the line is privately owned and unlikely to require upgrading. (d) Easements for any of the following purposes: (i) private ways, whether mutual or not; (ii) stormwater, sanitary sewer, water supply, electric power, gas reticulation; (iii) telecommunications; (v) any other network utilities.

There are no existing easements on the current title of the application site.

There are a number of easements required to be illustrated on the survey plan and these include infrastructure and related services, ROW access, and existing Council owned infrastructure.

In illustrating these easements on the survey plan, they match existing infrastructure.

13.10.10 PROVISION OF ACCESS (a) Whether provision for access to and within the subdivision, including private roads, has been made in a manner that will avoid, remedy or mitigate adverse effects on the environment, including but not limited to traffic effects, including effects on existing roads, visual effects, effects on vegetation and habitats, and natural character.

There is existing access to the site that is considered as being sufficient both in scale, and design, to accommodate the “Action World” operation (and all its provided parking), and for the existing dwelling. The existing entrance onto Puketona Road / SH11 is formed to a “diagram D” standard. NZTA were advised of the application and raised no concerns with respect to the access, its formation, or any design issues. In this respect there are no further requirements required with respect to the entrance and access onto State Highway 11.

The internal access (from the entrance to the proposed lot) is via the existing car park and passes over a grassed area which ultimately reaches the concreted steeper

portions of the existing driveway. It is contended that formation of the access is not required as it is protected by an easement and remains in the ownership of the applicant. There is base course under the existing grass which provides a solid and driveable grassed access road and which will continue into the future. It is preferable to the landowner that the current access be retained unless the following occurs.

It is contended that if either lot transfers ownership, then an all-weather access should be provided to the existing dwelling located on proposed Lot 1 which reaches the existing concrete drive. This formation is to be located within the ROW easement. The timeframe for the construction of the all-weather access (following the transfer) shall be completed within 12 months of the transfer occurring. The required access would be completed to Council’s Engineering Standards with costs associated with checking compliance (by Council) met by the landowner.

This approach does not alter the current arrangements which appears to be operating effectively. This does retain a surety of access for any future lot owner.

The installation of an all weather access through the park (as would usually be required) would in my view lesson the low impact approach which the park currently provides with no immediate benefit to any party. The need for access to be provided is only if the two lots are owned by different parties where an access would be appropriate.

The ROW corridor is 7.5m wide which is more than adequate for the servicing of a single lot. With this future measure in place (which could be completed as part of a Section 221 Consent Notice condition) then the related effects for access are considered to be less than minor.

The effects of the proposed subdivision on access and the entrance is considered to be less than minor.

13.10.11 EFFECT OF EARTHWORKS AND UTILITIES (a) Whether the effects of earthworks and the provision of services to the subdivision will have an adverse effect on the environment and whether these effects can be avoided, remedied or mitigated.

The site contains no National Grid Corridor and no earthworks proposed as part of this application. This provision does not apply to this application

13.10.12 BUILDING LOCATIONS (a) Whether the subdivision provides physically suitable building sites. (b) Whether or not development on an allotment should be restricted to parts of the site. (c) Where a proposed subdivision may be subject to inundation, whether the establishment of minimum floor heights for buildings is necessary in order to avoid or mitigate damage. (d) Whether the subdivision design in respect of the orientation and dimensions of new allotments created facilitates the siting and design of buildings able to take advantage of passive solar gain (e.g. through a northerly aspect on an east/west axis).

With Lot 1 containing the existing dwelling, it is necessary to consider suitable building sites within proposed Lot 2. There would appear to be no impediment to building sites located within proposed Lot 2. Depending on the ultimate location, the park operations as consented could be impacted on but this will be assessed at the time of application.

It is contended that the development of the site could be designed to comply with all development rules for the Coastal Residential zone.

Given the size of the property there are no specific requirements which could impact on the dwelling location which cannot be addressed at the Building Consent stage or if resource consent was required.

13.10.13 PRESERVATION AND ENHANCEMENT OF HERITAGE RESOURCES, VEGETATION, FAUNA AND LANDSCAPE, AND LAND SET ASIDE FOR CONSERVATION PURPOSES (e) Whether any measures are proposed to protect known high density kiwi habitats from predation by dogs, cats, rats, mustelids, pigs, and other animal pests. (g) Whether the subdivision will result in the permanent protection and/or enhancement of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, outstanding landscapes, outstanding landscape features or outstanding natural features.

The application site does not contain any significant habitat nor is it a high density Kiwi area which require formal protection within the site. Notwithstanding this position and with a “Kiwi Present” an Advice Note (which has been used in similar situations) may be sufficient. There would appear to be no other matters relevant to this proposal.

On a specific note, the landowner is required to retain areas of landscaping required as part of the resource consent requirements for any dwelling constructed on the respective sites and this will remain the case. The proposal does not conflict with this consideration.

13.10.14 SOIL (a) The extent to which any subdivision will contribute to or affect the ability to safeguard the life supporting capability of soil. (b) The degree to which the life supporting capacity of the soil may be adversely affected by the subdivision and the degree to which any soils classified as I, II or III in the NZ Land Resource Inventory Worksheets are adversely affected by the subdivision.

The site does not contain highly versatile soils. This component is not conflicted with by the application.

13.10.15 ACCESS TO WATERBODIES

The application site contains no permanent waterbodies and therefore this provision does not apply to this application.

13.10.16 LAND USE INCOMPATIBILITY (a) The degree to which the proposed allotments take into account adverse effects arising from incompatible land use activities (including but not limited to noise,

vibration, smell, smoke, dust and spray) resulting from an existing land use adjacent to the proposed subdivision.

The proposed uses for the respective lots will be similar to those that which currently exists within the area. Any alternative activities would be required to meet the rules of the district plan unless resource consent is secured.

The existing and proposed use of the site does not result in any incompatibility concerns.

13.10.17 PROXIMITY TO AIRPORTS

The application site is not close to an airport and therefore this provision does not apply to this application

13.10.18 NATURAL CHARACTER OF THE COASTAL ENVIRONMENT

The degree to which the proposal takes into account the preservation and/or enhancement of the natural character of the coastal environment.

The application site is zoned Coastal Residential and the provisions of this zone apply to the development and subdivision of land. The revised “Coastal Environment” as defined by the Northland Regional Council now excludes the application site as being coastal. Future development of the site will still remain subject to the current coastal flavour which applies to development unless the district plan review modifies this. It is considered that future development will need to comply with the requirements on their own merit and ensure that the surrounding coastal environment is not compromised. It is not considered that the proposed subdivision adversely affects the natural character of the site.

The review of the RPS has removed this site from the coastal environment and it is therefore highly likely that this change will also be reflected within the district plan review.

13.10.19 ENERGY EFFICIENCY AND RENEWABLE ENERGY DEVELOPMENT /USE The extent to which the application promotes energy efficiency and renewable energy development and use through the following initiatives: (a) ability to develop energy efficient buildings and structures (e.g. by providing a north-facing site with the ability to place a building on an east/west axis);

The district plan encourages the ability of individuals to utilise renewable energy options and adopt energy efficient design in the development the any lot. This application does not inhibit this potential. It is noted that existing network connections are available.

13.10.20 NATIONAL GRID CORRIDOR The application site contains no National Grid Corridor and therefore this provision does not apply to this application

5.0 District Plan Objectives and Policies

5.1 As the subdivision is a Discretionary Activity, consideration of the proposal is provided against the relevant objectives and policies of the district plan

5.2 The following objectives are considered to be the most relevant to the proposed subdivision.

13.3 OBJECTIVES

13.3.1 To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and roads and the social, economic and cultural well being of people and communities. 13.3.2 To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly from subdivision, including reverse sensitivity effects and the creation or acceleration of natural hazards, are avoided, remedied or mitigated. 13.3.3 To ensure that the subdivision of land does not jeopardise the protection of outstanding landscapes or natural features in the coastal environment. 13.3.5 To ensure that all new subdivisions provide a reticulated water supply and/or on- site water storage and include storm water management sufficient to meet the needs of the activities that will establish all year round. 13.3.8 To ensure that all new subdivision provides an electricity supply sufficient to meet the needs of the activities that will establish on the new lots created. 13.3.9 To ensure, to the greatest extent possible, that all new subdivision supports energy efficient design through appropriate site layout and orientation in order to maximise the ability to provide light, heating, ventilation and cooling through passive design strategies for any buildings developed on the site(s). 13.3.10 To ensure that the design of all new subdivision promotes efficient provision of infrastructure, including access to alternative transport options, communications and local services.

13.4 POLICIES

13.4.1 That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the use of those allotments on: (a) natural character, particularly of the coastal environment; (c) landscape values; (d) amenity values; (g) existing land uses. 13.4.2 That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties. 13.4.4 That in any subdivision where provision is made for connection to utility services, the potential adverse visual impacts of these services are avoided. 13.4.5 That access to, and servicing of, the new allotments be provided for in such a way as will avoid, remedy or mitigate any adverse effects on neighbouring property,

public roads (including State Highways), and the natural and physical resources of the site caused by silt runoff, traffic, excavation and filling and removal of vegetation. 13.4.6 That any subdivision proposal provides for the protection, restoration and enhancement of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, threatened species, the natural character of the coastal environment and riparian margins, and outstanding landscapes and natural features where appropriate. 13.4.13 Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the applicable zone in regards to s6 matters. In addition subdivision, use and development shall avoid adverse effects as far as practicable by using techniques including: (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; (g) achieving hydraulic neutrality and ensuring that natural hazards will not be exacerbated or induced through the siting and design of buildings and development. 13.4.14 That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. 13.4.15 That conditions be imposed upon the design of subdivision of land to require that the layout and 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; (e) domestic or community renewable electricity generation and renewable energy use.

Comments on the Objectives and Policies - Subdivision Chapter

The above objectives and policies are considered to be those most relevant to this discretionary application for subdivision. It is considered that the proposal is not contrary to these key requirements when considering this application within the Coastal Residential zone. The site is able to accommodate intensive development as is noted by the consented development which currently exists. The accessibility of Council infrastructure for the site is a contributing factor. The effects from development on the existing Outstanding Landscape (which is located on part of the site) are well managed by the retention of vegetation with the consented development being sensitive to this approach. The proposed subdivision and resultant lot is able to accommodate an additional residential unit without occupying the Outstanding Landscape notation. In the event that this notation area is occupied by a building, then a resource consent will be required which will (among other things) address the visual effects of the proposal.

The proposed lots being 600m2 (Lot 1) and 6141m2 (Lot 2) are comparable to those surrounding the application site with the Discretionary threshold satisfied.

Servicing of the sites is achieved with existing power and telecommunications existing to each of the proposed lot.

There are several factors which support the proposal notwithstanding the zoning or the related rules and these are:

• The application site is no longer considered to be part of the coastal environment under the redefinition of this environment within the Regional Policy Statement. In addition, the site falls outside of an Outstanding Landscape as defined within the Regional Policy Statement. Notwithstanding this position, the sensitivity of the site remains a valid and necessary consideration but the lots’ association with the coastal environment and related considerations has lessened. This change will eventually filter through to the district plan and its related rules. • The lots are greater than the discretionary threshold and would still retain the character and amenity values for this location. • There is existing development on both of the proposed lots with any dwelling to be located on proposed Lot 2 likely to be able to be undertaken with limited effects on surrounding lot owners. • The two lots will be serviced by an existing commercial access which is more than adequate for the purposes of this proposal. • The further development of Lot 2 would require the careful management of stormwater. It is considered that this management can be deferred until future development of the site occurs. In completing this at the building consent stage, the project will be clearly understood and targeted mitigation measures as required can be put in place.

It is therefore considered that the proposed subdivision is consistent with the objectives and policies of the subdivision section of the Far North District Plan.

COASTAL ENVIRONMENT

OBJECTIVES

10.3.1 To manage coastal areas in a manner that avoids adverse effects from subdivision, use and development. Where it is not practicable to avoid adverse effects from subdivision use or development, but it is appropriate for the development to proceed, adverse effects of subdivision use or development should be remedied or mitigated. 10.3.2 To preserve and, where appropriate in relation to other objectives, to restore, rehabilitate protect, or enhance: (a) the natural character of the coastline and coastal environment; (c) outstanding landscapes and natural features; (d) the open space and amenity values of the coastal environment; 10.3.9 To facilitate the sustainable management of natural and physical resources in an integrated way to achieve superior outcomes to more traditional forms of subdivision, use and development through management plans and integrated development.

POLICIES 10.4.1 That the Council only allows appropriate subdivision, use and development in the coastal environment. Appropriate subdivision, use and development is that where the activity generally: (a) recognises and provides for those features and elements that contribute to the natural character of an area that may require preservation, restoration or enhancement; and (b) is in a location and of a scale and design that minimises adverse effects on the natural character of the coastal environment; and

(c) has adequate services provided in a manner that minimises adverse effects on the coastal environment and does not adversely affect the safety and efficiency of the roading network; and (d) avoids, as far as is practicable, adverse effects which are more than minor on heritage features, outstanding landscapes, cultural values, significant indigenous vegetation and significant habitats of indigenous fauna, amenity values of public land and waters and the natural functions and systems of the coastal environment; and (h) gives effect to the Coastal Policy Statement and the Regional Policy Statement for Northland. 10.4.2 That sprawling or sporadic subdivision and development in the coastal environment be avoided through the consolidation of subdivision and development as far as practicable, within or adjoining built up areas, to the extent that this is consistent with the other objectives and policies of the Plan. 10.4.3 That the ecological values of significant coastal indigenous vegetation and significant habitats are maintained in any subdivision, use or development in the coastal environment. 10.4.10 To take into account the need for a year-round water supply, whether this involves reticulation or on-site storage, when considering applications for subdivision, use and development.

COMMENTS ON OBJECTIVE AND POLICIES – COASTAL ENVIRONMENT

The reassessment of the coastal environment through the Regional Policy Statement means that this site and immediate area no longer falls within the coastal environment. Eventually the rules that control development within the district plan will be modified to reflect this change and will be applied accordingly. The proximity of the site to the Coastal Marine Area is noted and this contributes to the reassessment process.

Notwithstanding this future change it is still necessary to consider the key objectives and policies of the Coastal Residential zone noting that this zone is able to be intensively developed with a strong inference to residential development.

The proposed development will create an additional lot from which development rights will be essentially unchanged due to the existing size of the lot and the subdivision potential and likelihood that another dwelling will be possible within the “Action World” area. The development of this site has been considered in reviewing the appropriateness of this proposal and the considerations which need to be reviewed in determining this application.

It is contended for many of the reasons provided above that the effects of this proposal are considered to be less than minor and that the proposal is considered to be generally consistent with the relevant objectives and policies of the plan.

COASTAL RESIDENTIAL ZONE

Objectives 10.8.3.1 To enable the development of residential activity in and around existing coastal settlements. 10.8.3.2 To protect the coastline from inappropriate subdivision, use and development.

10.8.3.3 To enable the development of coastal settlements where urban amenity and coastal environmental values are compatible.

Policies

10.8.4.1 That standards in the zone enable a range of housing types and forms of accommodation to be provided, recognising the diverse needs of the community and the coastal location of the zone. 10.8.4.4 That the portion of a site covered in buildings and other impermeable surfaces be limited to enable open space and landscaping around buildings and avoid or mitigate the effects of stormwater runoff on receiving environments 10.8.4.5 That provision be made for ensuring sites have adequate access to sunlight and daylight. 10.8.4.6 That activities with net effects greater than a single residential unit could be expected to have, be required to minimise adverse effects on the amenity values and general peaceful enjoyment of any adjacent residential activities. 10.8.4.7 That provision be made to ensure a reasonable level of privacy and amenity for inhabitants of buildings.

COMMENTS ON OBJECTIVE AND POLICIES – COASTAL RESIDENTIAL ZONE

These objectives and policies are more targeted than the broader coastal environment considerations detailed previously. There is however consistency in the intent of the provision and what is acceptable within the Coastal Residential Zone.

It is contended that the key aspects detailed above are satisfied by the proposed subdivision and that the future development of the lots will not result in any adverse effects. Development of the site will remain the relevant development standards which ensure development of the lots is consistent with the desired outcomes.

It is contended of this proposal are considered to be less than minor and that the proposal is considered to be generally consistent with the relevant objectives and policies of the plan.

6.0 NORTHLAND REGIONAL POLICY STATEMENT

The Northland Regional Policy Statement provides some overarching objectives and policies which should be considered in reviewing and considering a subdivision application. The following objectives and Policies are determined to be the most relevant sections of the plan which is required to be considered.

3.11 Objective – Regional Form Northland has sustainable built environments that effectively integrate infrastructure with subdivision, use and development, and have a sense of place, identity and a range of lifestyle, employment and transport choices.

5.1.1 Policy – Planned and coordinated development

Subdivision, use and development should be located, designed and built in a planned and co-ordinated manner which:

(a) Is guided by the ‘Regional Form and Development Guidelines’ in Appendix 2; (c) Recognises and addresses potential cumulative effects of subdivision, use, and development, and is based on sufficient information to allow assessment of the potential long-term effects; (e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity; (g) Maintains or enhances the sense of place and character of the surrounding environment except where changes are anticipated by approved regional or district council growth strategies and / or district or regional plan provisions. (h) Is or will be serviced by necessary infrastructure.

Note: in determining the appropriateness of subdivision, use and development (including development in the coastal environment – see next policy), all policies and methods in the Regional Policy Statement must be considered, particularly policies relating to natural character, features and landscapes, heritage, natural hazards, indigenous ecosystems and fresh and coastal water quality.

In considering the above objectives and policies from the Regional Policy Statement it is considered that the proposed subdivision is not contrary to the desired outcomes and that the effect associated with the subdivision are less than minor.

The ability to comply with the zone rules for development is significant in the overall context of the proposal and there is nothing within the proposal which is contrary to these requirements.

It is therefore contended that the proposal is consistent with the regional policy statement and the consistent with the desired outcome which the statement sets out to achieve.

7.0 Part 2 Considerations

7.1 The application is not considered to conflict with any matter or consideration under Part 2 of the Act. The proposal results in potential effects being considered to be less than minor and considered to be consistent with the overarching requirements for the community and the applicant.

8.0 Notification Assessment s95A to 95G of the Act

8.1 Sections 95A to 95G require Council to follow specific steps in determining whether to notify an application. In considering the conclusions findings within this report are relied upon.

8.2 Public Notification section 95A

Step 1 Mandatory public notification in certain circumstances (a) the applicant has requested that the application be publicly notified: (b) public notification is required under section 95C: (c) the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977. The applicant has not requested public notification and none of the remaining matters as described are applicable.

Step 2 Public Notification precluded in certain circumstances The criteria for step 2 are as follows: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification: (b) the application is for a resource consent for 1 or more of the following, but no other, activities: (i) a controlled activity: (ii) a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity: (iii) a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity: (iv) a prescribed activity (see section 360H(1)(a)(i)). The activity is precluded from public notification as the subdivision is a discretionary activity.

Step 3 – Public Notification required in certain circumstances The criteria for Step 3 are as follows: (a) the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification: (b) the consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor. There is no rule within the NES Regulation that requires public notification of this application. The assessment of effects completed within Section 4 of this report concludes that the effects are less than minor.

8.3 Affected Persons Assessment – Limited Notification Section 95B

If the application is not required to be publicly notified, a Council must follow the steps of section 95B to determine whether to limited notify the application.

Step 1: certain affected groups and affected persons must be notified

(2) Determine whether there are any— (a) affected protected customary rights groups; or (b) affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity). There are no protected customary rights or customary marine titles which apply to the application site.

Step 2: if not required by step 1, limited notification precluded in certain circumstances The criteria for step 2 are as follows: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes limited notification: (b) the application is for a resource consent for either or both of the following, but no other, activities: (i) a controlled activity that requires consent under a district plan (other than a subdivision of land): (ii) a prescribed activity (see section 360H(1)(a)(ii)). The application is not precluded from Limited Notification as neither of the exemptions apply to the application.

Step 3: if not precluded by step 2, certain other affected persons must be notified

(7) Determine whether, in accordance with section 95E, the following persons are affected persons: (a) in the case of a boundary activity, an owner of an allotment with an infringed boundary; and (b) in the case of any activity prescribed under section 360H(1)(b), a prescribed person in respect of the proposed activity. The assessment of effects concludes that only those persons from whom written approval has been obtained are potentially affected by the proposed subdivision. Written approval has been obtained from the following persons:

• John Nicholas – Te Ti 6C2B2 – 42 Puketona Road • Janet Anne Gerritsen-Molloy Te Ti 6C2A & Te Ti 7A – 52 Puketona Road • John Nicholas – Shareholder in Te Ti 7B – multiple owned land for Cross family • NZTA

It is contended that notwithstanding the above written approvals there are no persons deemed to be affected by the proposed subdivision.

8.4 Notification Assessment Conclusion

Pursuant to sections 95A to 95G it is recommended that the Council determine that the application can be processed non-notified for the following reasons:

• In accordance with section 95A, public notification is not required, and in particular adverse effects are considered to be less than minor; • In accordance with section 95B, no persons other than from whom writtena approval hs been obtained is considered to be affected by the proposed subdivision; and, • In accordance with section 95A(9) and 95B(10), there are no special circumstances to require public or limited notification.

9.0 SUMMARY

9.1 The application seeks consent to subdivide Te Ti 7A to create two lots. The property is located within the Coastal Residential Zone of the District Plan and includes an Outstanding Landscape notation over part of the site. There is an existing dwelling on proposed Lot 1. It is contended that if an additional dwelling was to be developed as a result of this application then the proposal will satisfy the related development controls.

9.2 The effects of this application have been assessed and concluded as being less than minor. Written Approvals have been obtained from adjoining landowners.

9.3 There are no conflicts with the relevant objectives and policies of the district plan and there are no conflicts with the Regional Policy Statement especially given that the site is no longer within the coastal environment as defined within the Northland Regional Policy Statement.

9.4 With respect to conditions of consent it is expected that standard conditions can be imposed noting the request to defer the access formation until the transfer of any lot – should it occur.

9.5 We therefore recommend that this application to subdivide be approved. Please provide draft conditions for review and comment (if necessary) prior to issuing.

Should you have any queries in respect to this application please contact me.

Yours faithfully

Wayne Smith Zenith Planning Consultants Ltd Principal | Director BPlan | BSocSci | MNZPI [email protected] mob: +64 (0) 21 202 3898