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Hearing Decision

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Hearing Decision Decision following the hearing of an application for resource consent under the Resource Management Act 1991 PROPOSAL Resource consent applications by Panuku Development Auckland to extend the north- western breakwater and causeway (via land reclamation) at Westhaven Marina to connect to the north-eastern breakwater to create public open space, a car park area for public and private use, and access to new marina berths, including the replacement of existing pile moorings at 31 Westhaven Drive, Auckland Central. These GRANTED. The reasons are set out below. Application numbers: LUC60318164, DIS60318166, CST60318167, DIS60320011 Site address: 31 Westhaven Drive, Auckland Central Applicant: Panuku Development Auckland Hearing commenced: Tuesday 23 and Wednesday 24 October, 9.30am Hearing panel: Robert Scott (Chairperson) Dr. Wayne Donovan Basil Morrison Heike Lutz Shona Myers Appearances: For the Applicant: Derek Nolen, Legal Kate Stubbing, Legal Rod Marler, Corporate – Context and Waterfront Strategy Thomas Warren, Corporate – Project Description & Engagement Craig Fitzgerald, Noise and Vibration James Dilley, Navigation Safety Stephen Brown, Landscape Simon West, Marine Ecology Stephen Priestly, Infrastructure and Coastal Processes Todd Langwell, Traffic Engineering Vijay Lala, Planning For the Submitters: Empire Capital Limited was represented by: • David Boersen 31 Westhaven Drive, Auckland Central 1 LUC No.: LUC60318164 • Craig Shearer, Planning Ngaati Whanaunga, Ngāti Tamaoho, Ngāi Tai ki Tāmaki, Te Patukirikiri, Ngāti Maru,and Ngāti Tamatera were represented by: • Aidan Warren and Kuru Ketu, Legal • Luke Faithful, Planning • Karen Wilson Te Akitai O Waiohua was represented by: • Karen Wilson Ngati Whatua Orakei represented by: • Robert Enright, Legal • Ngarimu Blair, Deputy Chair, Ngati Whatua Orakei Trust Board • Dr Malcolm Patterson For Council: Daniel Kinnoch, Principal Specialist Planner Ashishika Sharma, Coastal Kala Sivaguru, Coastal Tanisha Hazelwood, Hearings Advisor Hearing adjourned 24 October 2018 (3.30pm) Commissioners’ site 24 October 2018 visit Hearing Closed: 14 November 2018 INTRODUCTION 1. This decision is made on behalf of the Auckland Council (“the Council”) by Independent Hearing Commissioners Robert Scott, Dr Wayne Donovan, Basil Morrison, Heike Lutz and Shona Myers appointed and acting under delegated authority under sections 34 and 34A of the Resource Management Act 1991 (“the RMA”). 2. This decision contains the findings from our deliberations on the applications for resource consent and has been prepared in accordance with section 113 of the RMA. 3. The applications were publicly notified on 22 May 2018. A total of 19 submissions were received, with nine submissions in support, nine submissions in opposition and one submission taking a neutral stance. 31 Westhaven Drive, Auckland Central 2 LUC No.: LUC60318164 The Site and its Environs 4. Westhaven Marina is located at the western end of the Auckland Waterfront and to the immediate south east of the Auckland Harbour Bridge. It encompasses an area bounded by the Auckland Harbour Bridge to the west, St Marys Bay and the Northern Motorway to the south and the western edge of the ‘Western Reclamation’. The marina includes some 1,950 berths which are made up of mostly marina berths and a smaller number of pile moorings. The reclaimed areas provide carparking area and public access and there is a public boat ramp located at Pier Z. 5. There are currently two entrances for vessels into the marina, the main entrance is located at the eastern end and is some 270m wide and the second, smaller entrance is located at the western end, being 60m wide. The second entrance is used mostly by racing yachts and vessels sailing to the upper reaches of the Waitemata Harbour. Occupation and Public Access 6. The occupancy of the Westhaven Marina under section 12(2) of the Resource Management Act 1991 (RMA) relies on a coastal occupation consent granted in 2012 which includes all the water space (including structures) in and around the marina and a “Vessel Transiting Area” at the eastern entrance. This coastal permit is for 35 years and expires in 2045. 7. The land included within the Westhaven Marina is private land but is subject to a conservation covenant under the Reserves Act 1977 over areas adjacent to and adjoining the CMA for the purpose of public access and recreation Site visit 8. Following the hearing of evidence and adjourning the hearing, we visited the site on the afternoon of 24 October 2018. We familiarised ourselves with the marina, its structures and buildings and its area of occupation. We spent some time at the eastern end of the western reclamation area overlooking the proposed reclamation area, western entrance and existing pile moorings. 9. Our site visit was highlighted by two pods of orca which we observed entering the marina through the western entrance and that proceeded to swim around the area comprising the existing pile moorings and exit via the same entrance. We record this observation, as it is relevant to the matter of construction noise effects and disturbance, the proposed conditions of consent to prevent harm to marine mammals and we discuss this later in this decision. Summary of Proposal 10. The application is set out in section 3 of the Assessment of Environmental Effects (AEE) dated September 2018 submitted by Tattico Limited and in the evidence of 31 Westhaven Drive, Auckland Central 3 LUC No.: LUC60318164 Mr Rod Marler – Director Design and Place at Panuku Development (Panuku) and Mr Thomas Warren – General Manager of Marina at Panuku. The application seeks consent for a reclamation to extend the north-western breakwater and causeway with the north-eastern breakwater to provide public car-parking, access to berthage and public access, including a public viewing platform. These works are proposed to facilitate the conversion of 103 pile moorings to 117 marina berth including associated pontoons, ramps and gangways. 11. The proposed reclamation will be approximately 35m in width resulting in a footprint on the seabed of approximately 13,000m² tapering to an above sea level usable land area of 6,300m². It is proposed that approximately 60% of the reclamation area will be used for carparking with the remaining 40% used for public open space including cultural elements. It is proposed that the reclamation, in linking the existing reclamation to the eastern breakwater, will close the western marina access leaving the eastern entry as the sole vessel entrance to the marina. 12. The public open space component will be on the northern side of the proposed reclamation and includes walkways, native planting and a viewing platform shaped as a figurative waka. The AEE refers to this as the “waka headland”. A public walkway ranging in width from 5m to 10m would be formed around the southern side of the reclamation ensuring full public access to all areas adjoining the coastal marine area (CMA). 13. In recognition of the potential cultural effects of the proposed reclamation and the relationship of iwi with Mana Whenua with the Waitemata Harbour, the applicant initially proposed 19 pouwhenua within the public spaces immediately in front of the waka headland. The purpose of the pouwhenua was to represent the 19 iwi with Mana Whenua and their association with the Waitemata Harbour. However, following the close of submissions and in response to a submission from Ngāti Whātua Ōrākei Whaia Maia Ltd (Ngāti Whātua Ōrākei) opposing “collective recognition of 19 iwi authorities” the pouwhenua were removed from the proposal. In its place the applicant now proposes to establish a forum to engage with all iwi with Mana Whenua and to assist with how they would express tikanga and fulfil their role as kaitiaki. 14. The applicant seeks to impose security access in the form of locked gates to the proposed marina pontoons and berths so that only marina berth holders can access the berths. The proposed berths will range between 16m and 32m in length to cater for larger vessels and is promoted by the applicant on the basis that there is demand for this scale of berthage. 15. To form the reclamation, it is proposed to use up to 75,000m³ of dredged material and mixed with concrete to form “mudcrete”. The dredged material is intended to be sourced from dredging associated with dredging approved as part of the 36th Americas Cup defence (AC36) to be hosted in the nearby Viaduct Basin area. The reclaimed land would be protected from wave action with rock armour around the sloping outer faces of the reclamation. 31 Westhaven Drive, Auckland Central 4 LUC No.: LUC60318164 16. For the formation of the marina berths the existing timber mooring piles will be removed and replaced with new timber or concrete piles to be drilled into place to secure marina pontoons, gangways and ramps. 17. Stormwater generated on the proposed reclamation is to be treated via raingardens and tree pits prior to discharge to the CMA. A total of ten raingardens of appropriately 25m² in area is proposed. Activity status 18. The proposal requires a number of resource consents under national, regional and district planning instruments. These were generally not in dispute by the parties and were set out in the Council section 42A hearing report (hearing report) as follows: NES for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) • Land use consent for disturbance of a piece of land where the duration of the activity is likely to be longer than 2 months, and no detailed site investigation has been prepared is a discretionary activity under regulation 11(2). Land Use Consents (s9) Auckland Unitary Plan (Operative in Part) (“AUP”) Westhaven – Tamaki Herenga Waka Precinct • Observation areas, viewing platforms and boardwalks, where located on reclaimed land, are a restricted discretionary activity under rule I213.4.1(A31). Stormwater permits (ss14 & 15) Auckland Unitary Plan (Operative in Part) • Diversion and discharge of stormwater runoff from impervious areas not otherwise provided for is a discretionary activity under rule E8.4.1(A10).
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