BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT
UNDER Resource Management Act 1991
AND
IN THE MATTER Notices of requirement for designations and resource consent applications by the New Zealand Transport Agency for the East West Link Project
EXPERT EVIDENCE OF KAREN MARIE FOSTER ON BEHALF FONTERRA BRANDS (NEW ZEALAND) LIMITED
PLANNING AND CONDITIONS
22 MAY 2017
B S Carruthers / S H Pilkinton
P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland
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1. INTRODUCTION...... 1 Experience and qualifications ...... 1 2. CODE OF CONDUCT ...... 1 3. SCOPE OF EVIDENCE ...... 2 4. PLANNING FRAMEWORK APPLICABLE TO THE TIP TOP SITE ...... 3 5. AMENDMENTS TO DESIGNATION REQUIREMENTS ...... 4 6. THE EFFECTS ON THE TIP TOP SITE ...... 6 Vehicle movements ...... 6 Vibration ...... 7 Pedestrian issues ...... 7 Dust ...... 8 Visual effects ...... 9 Security ...... 9 Car parking ...... 9 7. CONCLUSION ...... 10
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1. INTRODUCTION
1.1 My full name is Karen Marie Foster. I am a Senior Consultant Planner at Hill Young Cooper, a Planning and Resource Management consultancy firm based in Auckland and Wellington.
Experience and qualifications
1.2 I have a Bachelor of Science in Geography and a Master of Planning Practice from the University of Auckland. I have 11 years' experience within the New Zealand and United Kingdom planning systems spanning both public (Auckland Council, Environment Agency (UK)) and private (Meridian Planning Consultants and Hill Young Cooper) planning organisations.
1.3 Of particular relevance to this Project, my experiences cover:
(a) assessing the environmental effects of large scale developments in the UK (including London Olympic related developments and Stadium projects):
(b) the preparation and processing of resource consent applications on a variety of scales;
(c) public consultation processes associated with land use developments.
2. CODE OF CONDUCT
2.1 I confirm I have read the Code of Conduct for Expert Witnesses 2014 contained in the Environment Court Practice Note and I agree to comply with it. My qualifications as an expert are set out above. I confirm that the issues addressed in this brief of evidence are within my area of expertise, except where I state I am relying on what I have been told by another person. I have not omitted to consider material facts known to me that might alter or detract from the opinions expressed.
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3. SCOPE OF EVIDENCE
3.1 This statement of evidence is filed on behalf of Fonterra Brands (New Zealand) Limited (" Fonterra "). It addresses planning matters relevant to Fonterra's ice-cream production facility at 113 Carbine Road, Mount Wellington (" Tip Top Site ") arising from the New Zealand Transport Agency's (" Transport Agency ") proposed East West Link (" Project "). In particular, my statement sets out:
(a) The planning framework applicable to the Tip Top Site.
(b) The amendments to the boundary of the Transport Agency's proposed temporary occupation area, which remove the impact on pedestrian access at the Tip Top site and potentially reduce the impact on truck movements at the turning circle.
(c) The effects on the Tip Top Site, particularly on the continuing use of the critical turning circle and underground services in the vicinity of the substrata designation.
(d) The amendments to the proposed conditions necessary to address Fonterra's concerns regarding the adverse vibration, security and dust effects on the Tip Top Site associated with the construction and operation of the Project.
3.2 In preparing this evidence, I have read:
(a) The Assessment of Environmental Effects for the Project and accompanying expert reports relating to:
(i) Traffic and Transport;
(ii) Traffic Noise and Vibration;
(iii) Construction Noise and Vibration;
(iv) Air Quality, and;
(v) Construction Traffic Impact.
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(b) The following statements of evidence on behalf of the Transport Agency:
(i) Planning Effects and Conditions – Lesley Hopkins;
(ii) Statutory Planning – Andrea Rickard; and
(iii) Design and Construction – Noel Nancekivell.
3.3 I have also read the statements provided by Ms Larissa Thathiah (Corporate) and Mr Peter Millar (Vibration) on behalf of Fonterra and agree with the concerns they express. Where necessary, I refer to aspects of their evidence.
4. PLANNING FRAMEWORK APPLICABLE TO THE TIP TOP SITE
4.1 The Tip Top Site is zoned Business - Light Industry under the Auckland Unitary Plan: Operative in Part (" AUP:OP ").
4.2 The Business - Light Industry zone anticipates industrial activities that do not generate objectionable odour, dust or noise. This includes manufacturing, production, logistics, storage, transport and distribution activities. Due to the industrial nature of the zone, activities sensitive to air discharges are generally not provided for.
4.3 The Tip Top Site is subject to two overlays. They are:
(a) Natural Resources: Quality-Sensitive Aquifer Management Areas Overlay – Auckland Isthmus Volcanic; and
(b) Infrastructure: National Grid Corridor Overlay – National Grid Yard.
4.4 The National Grid Corridor Overlay encroaches approximately 1.5m into the south-western corner of the site. The area within the Tip Top Site that falls under this overlay is used for landscaping purposes. There are two appeals in relation to the National Grid Corridor Overlay currently before the Courts, both by Transpower New Zealand Limited
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(“ Transpower ”). 1 I do not address the subject matter of these appeals here because, while the outcome of these appeals will ultimately affect the planning framework applicable to the Tip Top Site, neither appeal in my view is materially relevant in terms of Fonterra's concerns with the Project.
4.5 The entire Tip Top Site is subject to the macroinvertebrate overlay,2 and an aeronautical obstacle limitation designation. 3 Neither of these are relevant in terms of addressing Fonterra's concerns with the Project.
4.6 While it is important to bear in mind the planning framework applicable to the Tip Top Site, my evidence only concerns the conditions that are required to address the Project's adverse effects on the Tip Top Site. Because of that, I have not provided an assessment of the Project in the context of the planning framework applying to the Tip Top Site and the Project as a whole.
5. AMENDMENTS TO DESIGNATION REQUIREMENTS
5.1 The Project as notified required the temporary occupation of a 340m2 strip adjacent to southbound lanes of the existing State Highway 1, along the Tip Top Site's south-western edge. The proposal also required substrata works beneath 191m 2 of the Tip Top Site to anchor the proposed retaining walls to substrata rock. Both this original temporary occupation area, and the substrata works area, are shown on the 24 February version of the Transport Agency's Plan 4 LRP ID 5097, attached to my evidence as Appendix A .
1 ENV-2016-AKL-00218 and CIV-2016-404-002330. Noting the Court has given an interim judgement in respect of the latter appeal in Transpower New Zealand Limited v Auckland Council [2017] NZHC 281. At the time of writing however, a final decision remains outstanding. 2 AUP: OP, Macroinvertebrate Community Index – Urban Control. 3 AUP: OP, Airspace Restriction Designations – ID 1102, Protection of aeronautical functions – obstacle limitation surfaces, Auckland International Airport Ltd. 4 NZTA Plan Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mount Wellington; East West Link; REV C; 24/02/2017. LRP ID 5097.
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5.2 The affected part of the Tip Top Site is the location of a truck turning circle. As Ms Thathiah explains in her evidence, 5 with the exception of chocolate and chemicals, all other delivery vehicles to the site use this turning circle. This includes single and double articulated milk tanker trucks, as well as smaller delivery vehicles.
5.3 Fonterra's submission on the Project raised concerns that truck movements would be adversely affected by the temporary occupation area required for the construction of the Project. 6 As explained in the evidence of Ms Thathiah, 7 any work that would reduce the size or usability of the turning circle would have serious impacts on tanker and truck movements for the site.
5.4 Continued engagement between Fonterra and the Transport Agency has resulted in a reduction of the size of the area required for
2 2 temporary occupation for construction purposes from 340m to 315m . This reduced area is shown on the 22 March 2017 version of the Transport Agency's Project Plan 8 LRP ID 5097, attached to my evidence as Appendix B. This reduction results in the temporary occupation area being “pulled back” from the pedestrian path from the car-park to the office building, which resolves the earlier concern regarding this aspect.
5.5 The temporary occupation area has also been "pulled back" from the hard-stand turning area used by milk tanker trucks. However, the designation has not been similarly pulled back. The Transport Agency's Property Interface Plan for the Tip Top Site dated 21 April 2017 9, attached to my evidence as Appendix C, shows the existing milk tanker turning circles in relation to the designation area. When considered against, and compared to, Project Plan LRP ID 5097, it is clear that the designation boundary has not been "pulled back" in the same way the temporary occupation area has been. While the size of
5 Evidence of Ms Thathiah on behalf of Fonterra. 6 Submission for East West Link proposal: Fonterra Brands (Tip Top) New Zealand. 22 March 2017. At 3, Truck Movements. 7 Evidence of Ms Thathiah on behalf of Fonterra. 8 NZTA Plan Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mount Wellington; East West Link; REV C; 22/03/2017. LRP ID 5097. 9 NZTA Property Interface Plan: Tip Top, Vehicle Tracking; SK-PI-010-201; Revision C - Updated Tracking; 21 April 2017.
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the turning area will not be impinged by the temporary occupation area used during construction, it is still subject to the designation (for unexplained reasons). The amendments have therefore not yet resolved this concern.
5.6 The turning circle is also in the sub-strata designation area. Fonterra's concern is to ensure that the sub-strata works do not have the potential to impede the safe and efficient use of this essential part of the Tip Top Site.
5.7 From my discussions with the Transport Agency I understand the intention is that the substrata notice of requirement will not physically exclude tankers from the current turning area or impact on the ability of tankers and other large trucks to manoeuvre in the turning area. I also understand that the Transport Agency will access this part of the works from the motorway side such that construction activities will not affect truck movements on the Tip Top site.
6. THE EFFECTS ON THE TIP TOP SITE
Vehicle movements
6.1 In my opinion, it is still not clear that the turning circle is not impacted by the works. I accept that it is the Transport Agency's intention not to impact on the use of this critical part of the site, but consider that further information is required before this can be confirmed.
6.2 In particular:
(a) The designation boundary needs to be "pulled back" from the turning circle to align with the amended temporary occupation area.
(b) The depth of the substrata designation needs to be adequate to ensure the protection of all underground services. The necessary relocation of any services will also need to be done in a way that does not disrupt traffic movements.
(c) Suitable edge protection to ensure the safe and practical operation of the turning circle for all classes of vehicle.
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6.3 It is also my view that the plans that would attach to and form part of any notice of requirement and associated resource consents, if confirmed, should show the reduced areas.
Vibration
6.4 Mr Peter Millar provides an expert assessment of the potential adverse effects of vibration from the Project's construction. I agree with the concerns expressed by Mr Millar that the Transport Agency's assessment does not yet consider all relevant effects on the Tip Top Site. Nor does it identify the full range of construction activities likely to occur in the vicinity, the effects of those, or the mitigation available.
6.5 In my opinion, given the evidence of Mr Millar, the current conditions proposed for the notice of requirement and resource consents will not avoid, remedy or mitigate the adverse effects of vibration on the Tip Top Site associated with construction of the Project. This is because the highest levels of vibration likely to be experienced at the site is from the excavation of strong basalt rock, using either rock breaking or blasting, and this has not yet been factored into the assessment or conditions. I support Mr Millar's conclusion that the Construction Noise and Vibration Management Plan should be prepared in consultation with Fonterra given the likely level of vibration. I also support his conclusion that the underground services will need to be protected from vibration, and consider this needs to be specifically covered in the conditions.
Pedestrian issues
6.6 As explained by Ms Thathiah, the area of the Tip Top Site originally earmarked by the Transport Agency for temporary occupation during construction currently includes a pedestrian walkway. This original area is shown as area 5097-A on the 24 February 2017 version of the Transport Agency's Project Plan 10 LRP ID 5097, attached to my evidence as Appendix A. This walkway enables direct access from
10 NZTA Plan Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mount Wellington; East West Link; REV C; 24/02/2017. LRP ID 5097.
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the Tip Top Site's main car parking area to the entrance at the western corner of the head office building.
6.7 Fonterra wishes to maintain that access to the head office building via the pedestrian walkway, as far as practicable during the Transport Agency's temporary occupation of the Tip Top Site.
6.8 As explained in section 5 above, continued engagement between Fonterra and the Transport Agency has resulted in a reduction to the temporary occupation area. This reduction results in the temporary occupation area being “pulled back” from the pedestrian path enabling the pedestrian access to be maintained during the Project's construction. However, the path remains within the temporary designation area (as that boundary has not yet been revised).
6.9 Accordingly, in my opinion, provided the temporary designation area is also reduced to align with the reduced temporary occupation area, the ability for pedestrians to access the entrance at the western corner of the main building will not be unduly impacted. This reduction should be confirmed by amending the plans that would attach to and form part of the notice of requirement and associated resource consents, if these are ultimately confirmed.
Dust
6.10 In its submission on the Project, Fonterra requested conditions to minimise the effects of dust on the Tip Top Site.
6.11 In her evidence for the Transport Agency, Ms Hopkins considers Fonterra's concerns in relation to dust effects are already adequately addressed in the proposed Air Quality Conditions. 11
6.12 I have reviewed the proposed Air Quality Conditions and agree that those conditions, as proposed, are adequate to avoid, remedy or mitigate any adverse dust effects that could impact the Tip Top Site during construction of the Project.
11 Evidence of Lesley Hopkins on behalf of the Transport Agency (Planning Effects and Conditions), at 15.87.
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Visual effects
6.13 Fonterra's submission raises concerns with the adverse visual effects the Project will have on the legibility of the Tip Top Site and on the visual amenity from the office building. This is explained in more detail by Ms Thathiah. Avoidance and minimisation of those effects would require realignment of the southbound ramp connecting the Project to State Highway 1. I agree with Ms Thathiah that to the extent that there are adverse visual effects, these effects cannot be readily avoided, remedied or mitigated by conditions. For this reason I have not proposed any amendments to the conditions to address these concerns, and have merely included this section for completeness.
Security
6.14 Fonterra's submission raises concerns with security issues at the Tip Top Site during construction.
6.15 The evidence submitted by Mr Noel Nancekivell 12 states that a temporary perimeter fence will be erected to restrict access during construction.
6.16 I consider that a condition on the resource consent necessary to ensure a temporary perimeter fence will be erected, consistent with Mr Nancekivell's evidence. I also consider that this condition should be located in the ‘General Resource Consent Conditions’ section. My suggested wording for this condition is as follows:
A temporary perimeter fence shall be erected around the construction works to prevent any unauthorised access to the Tip Top site at 113 Carbine Road, Mt Wellington. The final location and design of the fence is to be determined by the requiring authority in consultation with the landowner (Fonterra Brands (New Zealand) Limited.
Car parking
6.17 Fonterra's submission on the Project raises concerns that the area of temporary occupation within the Tip Top Site may prevent Fonterra from complying with its resource consents in relation to car parking
12 Evidence of Noel Nancekivell on behalf of the Transport Agency (Design and Construction), at 15.35
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requirements. This matter can be resolved later in time and no amendments to the proposed conditions are necessary.
6.18 I agree with the proposed amendment to Condition CT.4 Site/Activity Specific Traffic Management Plan, as outlined in the evidence of Ms Lesley Hopkins. This amendment specifically requires a site/activity specific Traffic Management Plan to describe:
…measures to minimise the temporary effects of Construction Works on on-site parking on directly affected properties and opportunities to provide alternative temporary parking where practicable to do so.
6.19 In my opinion, this condition will ensure construction works associated with the Project will not adversely affect parking at the Tip Top Site.
7. CONCLUSION
7.1 Provided the amendments to the proposed conditions on the notice of requirement and consent applications set out above are made, I consider the Project will not have significant adverse effects on the Tip Top Site.
Karen Marie Foster 22 May 2017
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Appendix A:
New Zealand Transport Agency Project Plan: Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mount Wellington: East West Link; Rev C; 24/02/2017 LRP ID 5097.
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SHOWN LAND REQUIRED FOR LEGAL DESCRIPTION CT TOTAL AREA (m2) REQUIRED AREA (m2) 5097-A Road Part Lot 1 DP 171989 NA105A/567 54548 379 5097-B Designation-Substrata Part Lot 1 DP 171989 NA105A/567 54548 191 5097-C Temporary Occupation Part Lot 1 DP 171989 NA105A/567 54548 340 L
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R o a 5097-CUV d
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Substrata Designation From RL 17.813m down.
ive nui Dr T otu e H
A P p l 0 55 110 a u 220 Metres c n e g a
DISCLAIMER TEMPORARY OCCUPATION The information shown on this plan is solely REV: C LRP ID Fonterra Brands (Tip Top) Limited LAND REQUIRED for PWA purposes. DATE: 24/02/2017 All information shown is subject to final design 113 Carbine Road, Mount Wellington 5097 DESIGNATION and confirmation of designations. DESIGNATION - SUBSTRATA The Information is based on data provided by A3 SCALE 1:1,500 LINZ and is subject to survey. East West Link AFFECTED PARCEL(S) 12
Appendix B:
New Zealand Transport Agency Project Plan: Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mount Wellington: East West Link; Rev C; 22/03/2017 LRP ID 5097.
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SHOWN LAND REQUIRED FOR LEGAL DESCRIPTION CT TOTAL AREA (m2) REQUIRED AREA (m2) 5097-A Road Part Lot 1 DP 171989 NA105A/567 54548 340 5097-B Designation-Substrata Part Lot 1 DP 171989 NA105A/567 54548 191 5097-C Temporary Occupation Part Lot 1 DP 171989 NA105A/567 54548 315 L
lace dor P Gaba
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R o a 5UV097-C d
S ta 5097-A te UV H ig h w A3 INSET SCALE 1:400 a y 1 5UV097-C 5UV097-B
Substrata Designation From RL 17.813m down. 5UV097-A
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A P p l 0 55 110 a u 220 Metres c n e g a
DISCLAIMER TEMPORARY OCCUPATION The information shown on this plan is solely REV: C LRP ID Fonterra Brands (Tip Top) Limited LAND REQUIRED for PWA purposes. DATE: 22/03/2017 All information shown is subject to final design 113 Carbine Road, Mount Wellington 5097 DESIGNATION and confirmation of designations. DESIGNATION - SUBSTRATA The Information is based on data provided by A3 SCALE 1:1,500 LINZ and is subject to survey. East West Link AFFECTED PARCEL(S) 13
Appendix C:
New Zealand Transport Agency Property Interface Plan: Tip Top, Vehicle Tracking; SK-PI-010-201; Revision C – Updated Tracking; 21/04/2017.
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