Expert Evidence of Karen Marie Foster on Behalf Fonterra Brands (New Zealand) Limited
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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 i 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 3311836 1 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. 3311836 2 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. 3311836 3 (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 3311836 4 (“ 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. 3311836 5 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