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37 Planning Assessment of the Project

Overview The objectives and policies that are relevant to the Project comprise of national, regional and district planning documents. An assessment of the Project against the relevant objectives, policies, and other relevant matters, is provided in this Chapter. The principal conclusions that are reached are: . the Project as part of the Wellington Northern Corridor Road of National Significance forms a part of the Government’s initiative to improve the transportation network; . the Project will ease congestion through the Basin Reserve at the interface between the CBD and the surrounding suburbs and contributes to regional travel time savings for SH traffic between Wellington Airport and Levin; . the Project will improve travel time reliability, safety and route security while enhancing the movement of freight into and out of Wellington’s CBD, to and from the southern and eastern suburbs including the Wellington Regional Hospital and Wellington Airport; . the Project will improve travel time and safety by public transport, cycling and walking, and it will facilitate further planned network wide public transport improvements to proceed in accordance with the WRS and WCC Growth Strategy policies and objectives for future growth;

. overall the Project is consistent with the objectives and policies of the relevant national and regional statutory planning documents, and is consistent with the WCC Urban Development Strategy and 2040 documents;

. the Project is consistent with the transport related policies of the Regional Policy Statement, the Regional Land Transport Strategy and is not inconsistent with the Wellington City District Plan;

. the Project will enable communities at a local, regional and national level to provide for their social, economic and cultural wellbeing through the overall transport and related amenity benefits being proposed by the Project;

. the Project will meet the growing transportation needs of the Region and Wellington City; . the Project will sustain the potential of natural and physical resources for future generations, and safeguard the life supporting capacity of air, soils, water and ecosystems; . the Project causes localised adverse visual and urban design effects that are unavoidable. Visual and heritage effects on the Basin Reserve are mitigated by a combination of a new building under the bridge and vegetation; . during construction there will be localised traffic, noise and vibration effects. The introduction of 1ha of new and improved open space and a new building under the

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bridge provide significantly improved amenity as well as an appropriate heritage setting for the recently relocated Home of Compassion Crèche (former). The significant reduction in traffic from roads on the southern, eastern and western boundaries of the Basin reduce noise and vibration levels and improve air quality, and also improve amenity; . as set out in Part H of this AEE, the adverse effects of the Project on the environment will be sufficiently avoided, remedied or mitigated to meet the sustainable management purpose of s 5 of the RMA; . the Project recognises and provides for the matters in s. 6 RMA; . the Project appropriately has responded to those matters in s. 7 RMA; . engagement with tangata whenua in developing the Project has taken into account the principles of the Treaty of Waitangi in accordance with s. 8 RMA; and

. the works proposed by the Project are necessary to achieve the objectives of the public work as set out in the Project objectives applicable to s171(1)(c). Consequently, the Project meets the statutory tests of the RMA and is consistent with its purpose and principles, particularly when the very significant transport benefits of the proposed new infrastructure are considered alongside the proposed measures to avoid, remedy and mitigate the adverse effects. To this end it is considered that the sustainable management purpose of the RMA will be achieved by confirming the designation and granting the resource consents sought.

37.1 Introduction

This Chapter provides an assessment of the Project against the statutory framework. The assessment has been undertaken on a thematic basis referencing the Project and considering the contents of the statutory documents. The assessment is structured, as follows: . Transportation - how the Project fits with the multimodal transportation objectives for the region and for Wellington City; and Land use – how the Project fits into land use objectives for the region and for Wellington City including the direction for planned growth and development particularly the need to integrate land use and transportation; . Urban design and townscape – how the Project fits into the urban design and townscape of the Project Area; . Built heritage and culture – how the Project fits with built heritage (buildings and the Basin Reserve Area) and with cultural values;

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. Open space/ recreation and ecology- how the Project fits with open space areas of the City as well as current and planned future recreational use. It also includes a brief comment on ecological matters; . Localised effects (air quality, noise, vibration, shading and overall amenity) – an examination of localised effects of the project on the community during construction and then during operation; . Social and economic well being – how does the Project fit with the local community and contribute to overall economic well-being; . Contaminated land (NES CSHH Land Use Consent) – how proposed construction works fit with the provisions of the NES CSHH; . Freshwater (land use consents, discharge permits and water permit) - how proposed construction works fit with regional policies for land and freshwater; and . Part 2 Matters – the assessment concludes with an assessment considering the Purpose and Principles of the Act in Part 2 of the RMA. The assessments provided below firstly consider statutory documents and then non- statutory documents. All matters from the statutory plans which are of relevance to the Project are also summarised in Chapter 7 of this AEE. The detailed objectives and policies are found in Technical Report 18 in Volume 3 of these documents. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans.

37.2 Transportation and Land Use

There are a number of objectives and policies contained in the statutory documents, as well as planning and funding programmes which are relevant to the Project in the context of transport and land use which are inextricably linked.

The following RMA matters and other relevant matters assessed in this section are: RMA Matters . Wellington Regional Policy Statement; and . Wellington City District Plan. Other Relevant Matters . Government Policy Statement on Land Transport Funding (2012-2015); . National Land Transport Programme; . NZ Transport Strategy; . Wellington Regional Land Transport Strategy;

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. Wellington Regional Land Transport Programme; . Wellington Regional Strategy; . Wellington Freight Plan; . Ngauranga to Airport Corridor Plan (N2ACP); . Wellington 2040; . Wellington City Urban Development Strategy (July 2006) (UDS); . WCC Transport Strategy; . WCC Walking Policy; and . WCC Cycling Policy. In the context of transport and for land use the combination of statutory and non-statutory documents is important. In seeking to integrate development of land and infrastructure planning the RPS and the WCDP provide the strategic direction and vision under the Act. The policy context for the Project is also informed by other strategic processes such as the RLTS. Additionally, the RPS and WCDP enable non-statutory documents to address specific issues for implementation. The following firstly assesses the RPS providing cross references to non-statutory documents where appropriate. This is then followed by an assessment of the WCDP, also with cross references provided as appropriate to other non-statutory documents. Other non-statutory documents are then considered. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans listed in TR18.

37.2.1 Regional Policy Statement (RPS)

The Regional Policy Statement is described as “an integral document in helping the Wellington Regional Council and the region’s city and district councils support the achievement of this region’s community outcomes1”. The 10 Community Outcomes include an outcome headed connected community which reads as follows, Connected community – Our connections and access are efficient, quick and easy – locally, nationally and internationally. Our communication networks, air and sea ports, roads and public transport systems enable us to link well with others, both within and outside the region.2 The RPS outlines Objectives and Policies which are designed to assist achieve the 10 Community Outcomes. An example within the RPS, is the reduction of greenhouse gas emissions by decreased reliance on the motor vehicle, and importantly for this Project

1 Section 2.3 p10 2 Section 2.3 p9

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investing in public transport, encouraging walking and cycling and reducing the need for travel by steering development to achieve better integration of land use and transport (and other infrastructure)3.

37.2.1.1 Section 3.3 Energy, Infrastructure and Waste

Section 3 of the RPS outlines the Resource management issues, objectives and a summary of policies and methods to achieve the objectives. Of particular relevance to this Project is Section 3.3, which relates to Energy, Infrastructure and Waste. This section explains in relation to infrastructure: The roading network, airports, the port, telecommunication facilities, the rail network and other utilities and infrastructure, including energy generation, transmission and distribution networks, are significant physical resources. This infrastructure forms part of national or regional networks and enables communities to provide for their social, economic, and cultural wellbeing and their health and safety. The efficient use and development of such infrastructure can be adversely affected by development. For example, land development can encroach on infrastructure or interfere with its efficient use. Infrastructure can also have an adverse effect on the surrounding environment. For example, the operation or use of infrastructure can create noise which may adversely impact surrounding communities. These effects need to be balanced to determine what is appropriate for the individual circumstances.4

This explains, firstly, that infrastructure is a significant physical resource and there is wider social, economic and cultural significance from infrastructure provision. Transport infrastructure also forms part of the national or regional networks and the above paragraph notes that the development of such infrastructure can be adversely affected by land use development. The statement also refers to environmental effects and the need to balance these to determine what is appropriate.

In relation to energy, infrastructure and waste there are three objectives with Objectives 9 and 10 being of relevance to the Project. RPS objectives relating to wider land use planning in terms of Regional form, design and function are discussed in the following section relating to Part 3.9 of the RPS.

37.2.1.2 Objective 9

Objective 95 is as follows: The region’s energy needs are met in ways that: (a) improve energy efficiency and conservation;

3 Section 2.3 (page 10) 4 Section 3 (page 34) 5 Table 3 (page 36)

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(b) diversify the type and scale of renewable energy development; (c) maximise the use of renewable energy resources; (d) reduce dependency on fossil fuels; and (e) reduce greenhouse gas emissions from transportation It is considered that (d) and (e) are relevant to the Project where reducing dependency on fossil fuels and reductions in greenhouse gas emissions are achievable with a more efficient, less congested arterial road system combined with a more efficient public transport system and improved cycling and walking. In relation to Objective 9 there are three policies that are directly applicable to the Project particularly to the way in which the Objective is achieved. These are policies 7, 9 and 10 and each is considered in turn below. Policy 7 is generally about: Recognising the benefits from renewable energy and regionally significant infrastructure – regional and district plans This seeks to ensure that the benefits stemming from regionally significant infrastructure including the strategic transport network are recognised through district and regional plans. The benefits of the Project are in relation to a more efficient transportation system for all modes by the removal of a congestion choke point assisting with more effective and reliable outcomes for all forms of traffic. SH1 from the CBD to the Airport is regionally significant infrastructure6 and it’s movement function is recognised and provided for within the District Plan policy framework and by the existing SH1 designation.

The benefits of the public transport network are also recognised as regionally significant infrastructure within the District Plan where the project will assist in the development of the PT spine. Therefore, the Project is considered to be consistent with Policy 7.

Policy 9 is generally about: reducing the use and consumption of non-renewable transport fuels and carbon dioxide emissions from transportation.

The way this policy is implemented is that it seeks reduced greenhouse gas emissions by importantly for this Project investing in public transport, encouraging walking and cycling and reducing the need for travel by steering development to achieve better integration of land use and transport (and other infrastructure) 7 As can be seen from TR4, the Project will enable further investment in public transport by assisting to reduce journey times in the north south corridor. There are also reductions in emissions through congestion relief from implementing the Project. Policy 10 generally about:

6 The definition of regionally significant infrastructure includes the strategic transport network, the railway station and bus terminus, Wellington International Airport and the Port of Wellington as defined in the Wellington Regional Land Transport Strategy 2007-2016” 7 Section 2.3 (page 10)

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Promoting travel demand management – district plans and Regional Land Transport Strategy The project supports this policy by supporting improvements to public transport this being one of the supply side mechanisms of travel demand management. The provision of physical infrastructure to assist with this is in accordance with the policy. The Project also supports walking and cycling being the other primary alternatives to the use of the car.

Policy 578 (Integrating land use and transportation) details considerations such as traffic generation, connectivity to key public services and employment, access to the strategic public transport network, provision for walking and cycling and importantly whether new, or upgrades to existing, transport network infrastructure have been appropriately recognised and provided for9. It is considered that the Project is in direct accordance with this policy as it assists the implementation of the Wellington City Growth Spine through enhanced accessibility for both motorised and non-motorised forms of transport (also see 36.2.1.4 and 36.2.2 below). It is considered that the Project also supports the intent of Councils UDS (referred to below in the sections concerning land use). In terms of Objective 9 and the supporting policy framework it is considered that the Project supports the objective as it provides a physical improvement required to alleviate congestion for arterial traffic and public transport while facilitating improvements to walking and cycling.

37.2.1.3 Objective 10

Objective 10 is the second infrastructure focused Objective. This states: The social, economic, cultural and environmental, benefits of regionally significant infrastructure are recognised and protected. Effective, efficient and reliable infrastructure enables communities to provide for their social, economic and cultural well being and Objective 10, therefore, seeks to recognise and protect the benefits of regionally significant infrastructure. Regionally significant infrastructure is further defined by reference to the strategic transport network defined in the RLTS10.

The benefits of recognising and protecting regionally significant infrastructure are that an enhanced ability for people and goods to travel to, from and around the region is important for economic and social wellbeing. As outlined above the Project will enhance the performance of the state highway system and the strategic public transport network from

8 Page 135 9 Policy 57(e) page 135 10 The RLTS describes the strategic transport network as made up of the region’s strategic railway network, and strategic public transport network, state highways, key terminals providing links to other transport networks and those major local roads serving an arterial purpose.

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the CBD and points further north to the Airport and Hospital, as well as to south and east Wellington. Objective 10 contains three policies. Policy 7 is outlined above under Objective 9 and is repeated under Objective 10. Policy 8 (Protecting regionally significant infrastructure – regional and district plans) is focused on protection of such infrastructure from incompatible new subdivision, use and development occurring under, over, or adjacent to the infrastructure. This is a ‘reverse sensitivity’ policy designed to recognise that the existing infrastructure needs policy recognition and protection through district and regional plans. Protecting regionally significant infrastructure is an important consideration for the Project. TR4 explains that SH1 around the Basin Reserve currently is affected by severe congestion and has also been the area of a considerable number of traffic accidents (305 reported accidents for the period 2006-2011). These conditions affect the strategic network resulting in queues and congestion on the broader network. Trip journey time variability is currently high and can be double for the same journey (see section 1.2.2 of this AEE and TR4). Without any improvement, given normal growth in population and therefore journeys, by 2021 journey times on the SH network around the Basin Reserve are expected to double with consequential impacts on the SH network and on the local road network (see figure 1.1, section 1.2.2 of this AEE). Policy 39 is also directed to: Recognising the benefits from renewable energy and regionally significant infrastructure

In the context of the Project, this policy is directed at decision makers for resource consents, notice of requirement or a change, variation or review of a district plan, where particular regard shall be given to the social, economic, cultural or environmental benefits of regionally significant infrastructure. The Basin Reserve is at the juxtaposition of a north south corridor that also includes a significant aspect of the core public transport network and an east west corridor which has an arterial highway function. By reducing the conflict it is considered that the intent of Policy 39 can be met (see bullets below for more detail). In summary the Project supports Objective 10. This is on the basis that TR4 supported by TR17, establishes that the Project provides for a more efficient road transport network than exists today that will allow people to travel more quickly, safely and reliably around the Basin Reserve. To do this, (as explained in TR4) the Project will: . improve efficiency of the State highway network by providing relief from congestion at the Basin Reserve through grade separation of SH1 traffic from the local road network; . improve the reliability of the SH1 route through Wellington City to the wider region by increasing the capacity of SH1 and reducing intersection conflict points around the Basin, at Taranaki Street and at Vivian Street/Pirie Street; . improve the amenity for cyclists and pedestrians by reducing the traffic volumes around the eastern, southern and western parts of the Basin Reserve;

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. expand the existing cycling and pedestrian network by providing new dedicated cycling and walking facilities that are separated from vehicular traffic, accommodating strategic and leisure trips. These significant improvements to pedestrian and cycling connectivity are due to:

. the addition of new dedicated pedestrian and cyclist pathways on the proposed bridge and at-grade on the proposed Ellice Street link; . the proposed widening of the median island between Kent and Cambridge Terraces and at the Adelaide Road intersection with Rugby Street, to facilitate and improve walking and cycling movements to and through the Basin Reserve; . new pedestrian and cycling connections between Cambridge Terrace and the NWM Park via a new terraced open space area; . reduce journey times by improving the reliability of public transport through the Basin Reserve area and enabling opportunities for future public transport developments as envisaged by the PTSS; . provide dedicated bus lanes and rationalised drop-off points for the schools located on Dufferin Street; and . enhanced road safety for all road users, cyclists and pedestrian users in this area. Therefore, the Project assists people to travel more efficiently, safely and reliably than they do currently. The Project further enables people and communities to better provide for their social, economic and cultural wellbeing and their health and safety by: . supporting regional economic growth and productivity through improved access to the CBD, Wellington International Airport and Wellington Hospital for people and freight by reducing congestion along two significant arterial transport corridors at the Basin Reserve11; . improving active transportation networks, improving existing open space and provision of new open space (over 1 ha delivered by the Project) and therefore improving connections between community facilities in the area 12); . positively reinforcing tangata whenua values through the landscape design (the use of terraces and wetland / rain gardens) (also see Heritage and Culture assessment below, in this Chapter). Accordingly, the Project is consistent with and assists in meeting Policy 7 and Objective 10 of the RPS. The Project proposes improvements that address existing conditions on roads around the Basin Reserve and those improvements are capable of serving anticipated travel demands in 2021 and 2031. These improvements allow for and accommodate other planned

11 See TR17 TR14 in Volume 3 of these documents

12 See TR14 in Volume 3 of these documents

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improvements to the transport network including those options currently proposed within the PTSS, by WCC through its land transport programme, and planned improvements to SH (such as the Mount Victoria Tunnel duplication, Ruahine Street and Wellington Road widening and improvements to the Terrace Tunnel). Therefore, it is considered that the Project is consistent with this policy as transportation and land use changes have been taken into account in option development and will not affect the implementation of overall transportation improvements at the Basin Reserve.

37.2.1.4 Section 3.9 Regional Form and Function

The next primary section of the RPS, in relation to the policy matters relating to integrating transport and land use, is the way that the Project recognises planning principles within the Wellington City urban environment. Section 3.9 of the RPS (Regional form, design and function) outlines that a compact and well- designed regional form enhances the quality of life for residents as it is easier to get around, allows for a greater choice of housing, close to where people work or to public transport, town centres are vibrant, safe and cohesive, and business activity is enhanced. Central Wellington contains the central business district for the Region and is the largest centre of employment. Therefore, the continued viability, vibrancy and accessibility of the CBD are important to the whole region. Objective 22 is: A compact well designed and sustainable regional form that has an integrated, safe and responsive transport network and (a) a viable and vibrant regional central business district in Wellington city; (b) an increased range and diversity of activities in and around the regionally significant centres to maintain vibrancy and vitality; (c) sufficient industrial-based employment locations or capacity to meet the region’s needs;

(d) development and/or management of the Regional Focus Areas identified in the Wellington Regional Strategy; (e) urban development in existing urban areas, or when beyond urban areas, development that reinforces the region’s existing urban form; (f) strategically planned rural development; (g) a range of housing (including affordable housing); (h) integrated public open spaces; (i) integrated land use and transportation; (j) improved east-west transport linkages; (k) efficiently use existing infrastructure (including transport network infrastructure); and

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(l) essential social services to meet the region’s needs. The areas of significance for the Project within the objective are highlighted in bold above. Along with specific reference to the CBD, Kilbirnie is also listed as a regionally significant centre13 that is important to the Region’s form and whose development to accommodate additional employment and housing will increase choices for people. It should be emphasised that integrating land use with transport is a key matter as is improving east - west transportation linkages (Objective 22 (j)) which apply throughout the region i.e. SH58, Granada to Petone and improvements east west within Wellington City itself. To implement Objective 22, there are several policies of significance. Firstly Policy 30: Maintaining and enhancing the viability and vibrancy of regionally significant centres – district plans. This policy seeks to increase the range and diversity of activities to maintain and enhance their viability and vibrancy. By removing the conflicting movements at the Basin Reserve, this will enable greater access to the eastern suburbs, and therefore provide better connections between the CBD and Kilbirnie as well as the wider community of southern and eastern Wellington. The strong corridor pattern of SH1 also provides the primary access to the Wellington International Airport and with the remainder of the transportation system, reinforces local centres, supports passenger transport and makes services accessible14. Policy 31 is

Identifying and promoting higher density and mixed use development – district plans As has been stated facilitating grade separation at the Basin Reserve will assist in promoting higher density and mixed use development in the Growth Spine identified by Wellington City. These areas must have good access to the strategic public transport network, a key factor in increased density. The RPS promotes integration of land use and transport in order to avoid patterns of development that increase the need for travel, the length of journeys and reliance on the private motor car. Accordingly, Objective 22 promotes a compact urban form that provides a responsive, safe and integrated transport network.

Policies 33 and 55 are Supporting a compact, well designed and sustainable regional form; and Maintaining a compact, well designed and sustainable regional form This is particularly in relation to transport policies and objectives in the Regional Land Transport Strategy.

13 Regionally significant centres are the sub-regional centres of city centre, city, centre, city centre, Paraparaumu town centre, town centre and the suburban centres in Petone, Kilbirnie and Johnsonville 14 Section 3.9 page 67

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This means that investment in transport infrastructure should be aligned with growth strategies to deliver a compact urban form. As can be seen from TR4 and TR9 the Project has considered the urban form of this part of Wellington and concludes that this is taken into account due to the necessity for grade separation and the location of the bridge in a highly constrained environment. Maintaining a compact and well-designed regional form is highly dependent on improvements to accessibility and more certain journey times. These policies are also allied to Policy 57 of the RPS which outlines Integrating Land Use and transportation Section 7.10 of TR4 includes an assessment against the RLTS and explains how the Project contributes towards its key objectives. This is through provision for and enhancement of public transport, cycling and walking facilities through the area in a manner that connects meaningfully with existing networks. This type of enhancement supports growth on the spine achieving increased public transport reliability and efficiency (shorter journey times), and a realistic expectation that more people will walk and/or cycle. TR4 also explains how the Project will improve local and regional movements, improve safety, reduce severe congestion, and improve journey time reliability. Notably across the network the Project does not correlate to an increase in use of the car. Therefore, the Project is in accordance with and contributes towards the delivery of Policy 57 of the RPS. Under Policy 67 (Maintaining and enhancing a compact, well designed and sustainable regional form – non-regulatory) refers as a method to the preparation of strategies and frameworks for focus areas. This approach has been progressed in relation to Wellington City where both WCC and GWRC has given a great deal of consideration to how growth is accommodated in an integrated manner that recognises and responds to topographical constraints and Wellington’s sense of place. These improvements for reduced congestion, more attractive active mode choices and improved public transport, assist with the part of Objective 9 of reducing emissions from transportation and Policy 2 (reducing adverse effects of odour, dust and fine particulate matter) of the RPS. In order to consider how the Project assists with meeting Objective 22 it is necessary to also consider how WCC is planning to manage its growth alongside strategic transport planning of GWRC. WCCs Urban Development Strategy (UDS) has been promulgated on the basis of a compact city, with growth and development being directed to key nodes along a ‘growth spine’ extending from Johnsonville, through the CBD to Adelaide Road (Newtown) and Kilbirnie and Miramar. This approach aligns with the aims of the RPS, notably Objective 22, and Policies 30 (Maintaining and enhancing the viability and vibrancy of regionally significant centres), 31 (Identifying and promoting higher density and mixed use development), 33 (Supporting a compact, well designed and sustainable regional form), 55 (Maintaining a compact, well designed and sustainable regional form), 57 (Integrating land use and transportation), 58 (Co-ordinating land use with development and operation of infrastructure) and 67 (Maintaining and enhancing a compact, well designed and sustainable regional form).

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Plans to manage and direct growth have been prepared for Adelaide Road in the Adelaide Road Framework and for Kilbirnie in the Kilbirnie Town Centre Revitalisation Plan 2010. There will be significant benefits for Adelaide Road by improving traffic flows at peak time, providing more room for dedicated public transport and improving walking and cycling. Key actions in the Adelaide Road Framework depend on the improvements proposed by the Project being delivered. There will be positive effects on the Kilbirnie Town Centre if improvements to the Mount Victoria Tunnel, Ruahine Street and Wellington Road signalled in the N2ACP are delivered. TR4 explains that these future road improvements need to be sequenced. It is intended that they occur after improvements at the Basin Reserve. Currently, this section of the network acts as a ‘throttle’ on the flow of traffic, particularly the Mount Victoria Tunnel. If that flow of traffic were released it would cause very significant congestion to roads around the Basin Reserve, with detrimental effects to the overall network. This is acknowledged in the N2ACP which programmes the Mount Victoria Tunnel duplication, and improvements to Wellington Road and Ruahine Streets to occur after grade separation improvements at the Basin Reserve. TR4 also explains that improvements to the transport network of a type delivered by the Project are needed in order to accommodate the growth at Adelaide Road and Kilbirnie as envisaged by the UDS. Future improvements to public transport are likely to become increasingly important as planned intensification (compact city) occurs. The Project is programmed to occur before improvements of the Mount Victoria Tunnel and Ruahine Street/Wellington Road, so as to ensure that the current network can continue to meet the needs of, and to minimise disruption to, current users. This approach is in accordance with Policy 30, where the alternative sequence of bringing forward the Mount Victoria Tunnel duplication so that it occurs in advance of the proposed improvements to roads around the Basin Reserve, will exacerbate existing congestion and therefore reduce the accessibility of Kilbirnie, and the eastern part of the city.

The above analysis shows that the planned growth of Wellington City set out in the UDS is being brought forward in an integrated manner, with urban development to achieve a compact city being carefully delivered in tandem with improvements to the transport network. This is in accordance with Objective 22(h). It also shows that the Project contributes significantly to and is part of WCC’s aims to encourage growth at the regionally significant centre of Kilbirnie ((in accordance with Objective 22(d)) and at other specified urban locations (in accordance with Objective 22(e)). Therefore, overall, the Project accords with and helps deliver Objective 22 and Policies 33 and 57). The Project facilitates delivery of Policies 30, 31, 54, 55 and 58, by being an important key to providing for growth plans of the City (Adelaide Road (Adelaide Road Framework 2008) and for Kilbirnie (Kilbirnie Town Centre Revitalisation Plan 2010)).

37.2.2 Wellington City District Plan

This section considers how the Project fits with overall transport intentions of the City as contained in the WCDP, which is the specific land use planning document outlining

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Objectives Policies and methods for the City’s future growth and development. Localised effects on amenity, urban design, visual, heritage, cultural and other effects of the Project are considered separately, in following sections of this Chapter. Specific land use policies are considered in the next section. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the WCDP as are listed in TR18. As is the case with the RPS, the Council relies on a combination of the District Plan ,strategic and other supporting documents to manage transportation as well as urban growth and development. In particular the District Plan provides a vision for a ‘Sustainable City’ in section 1.3.1. In relation to the project the relevant parts of the vision is that the City: . is efficient in the way it uses resources; . is likely to be compact and have a strong commercial centre; . is a competitive market place; and . has a quality environment where people feel safe, can access its various parts easily (by means of efficient road, rail and pedestrian links) and can orientate themselves via public views and landscape features. The Plan sets out in 1.6.1 the important qualities and values for the City, which include efficiency, amenity, health/safety, accessibility and its natural environment. An important aspect of delivering a healthy / safe city is the ability of people to move around and use the City’s features. Land use planning encourages patterns of development that enhances accessibility. Land use and transportation outcomes should be integrated in a manner that minimises the adverse effects of transport on the quality of life and the environment. The Plan identifies issues which facilitate economic growth and development, and maintain and enhance the quality of the built environment. The Plan establishes ‘Areas’ (or zones) and for each of these establishes objectives and rules. Within these defined areas specific design guides have been prepared for character areas to control / manage development and change.

The Project is located within and at the intersection of the Central Area, Inner Residential Area (Mount Victoria including St Mark’s School and properties on Paterson / Dufferin Street), Suburban Centre (Adelaide Road) and Open Space (the Basin Reserve). The Project seeks to develop the existing road network to enhance access to the southern and eastern suburbs of the City, and to the wider Wellington Region. The most specific objectives in the Plan for the Inner City, Suburban Centres and Central Area are to enhance the City’s natural containment, accessibility, residential amenity and highly urbanised environment (Central City) by promoting the efficient use and development of natural and physical resources (Objective 4.2.1, Policy 6.2.1.1 and Objective 12.2.1). Within the Inner City the objective is to recognise and enhance those characteristics, features and areas that contribute positively to the City’s distinctive character and sense of

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place. Within the Central Area (and Suburban Centres) the objective is to allow a wide range of activities to occur to facilitate vibrancy and dynamism. The Plan explains in section 12.1.2 that maintaining the strategic role of transport infrastructure leading to and from the Central Area is crucial to accentuating its urban feel and maintaining its accessibility (containment). This theme of containment is important to the Plan and provides the basis for integrating investment in infrastructure and land use. Directing growth to existing zoned built-up areas (rather than ‘greenfield locations’) means that best use of existing infrastructure can be made and where necessary, directs and manages further investment to infrastructure that is needed. The City’s UDS (2006) was adopted in order to assist directing future growth to occur in a manner that reinforces the physical and spatial characteristics that make Wellington distinctive and was a key influence on Plan Change 48 which is a review of the Central Area and apart from some unrelated outstanding site specific appeals has been adopted by Council. The UDS expands on the vision contained in the WCDP and explains that the aim of the City is to become more liveable, compact, sustainable and prosperous, to have a stronger sense of place and to be better connected and safer. The UDS directs new urban growth to specific locations (Central Area, suburban centres including Kilbirnie and Adelaide Road) to make use of existing infrastructure and to make public transport more viable (resulting in a better use of infrastructure) (page 4 and section 1.3 of UDS). In line with the UDS a number of development guides and framework documents have been prepared including for the Central Area (Urban Design Guide, Central City Framework, and Wellington 2040), Adelaide Road and Kilbirnie. The District Plan seeks to manage growth in a clear and defined way; through its Objectives and Policies in conjunction with the UDS and consequent frameworks and guides. These aim for containment (physical attributes and sense of place) and a compact vibrant City with day to day and social infrastructure (schools, shops, health, jobs and open space) being accessible to all. An inevitable outcome of this approach is the need to improve and develop existing infrastructure that connects places and destinations in order to better accommodate the increasing demands placed on it. This provides an important context for the Project, which effectively is about improving an existing transport corridor that connects different parts of the city together. Historically, the Basin Reserve has always performed this transport function, forming a critical link between city (Central Area) and outlying suburbs (see TR9, TR10 and TR12). That role as a transport corridor has led to its continuing development in response to the growth of the City over time which has placed increasing demands on it to accommodate greater and greater levels of movement. The evolution of the corridor has seen the rounding of the corners of the Basin Reserve including its related gradual enclosure. It has also resulted in the significant erosion of the north eastern edge of the Basin Reserve historic square, entailing the removal of part of the city block, in order to accommodate better transport connections between Kent Terrace and Paterson Street. In this respect the Project represents the next step in the development of the City (see TR12 and TR10).

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37.2.2.1 Infrastructure change

Transport objectives and policies within the Plan (by zone) continue with the approach of making best use of existing infrastructure. They are underpinned by the theme of promoting better accessibility and more sustainable transport choices. This is with the purpose of enabling safe, efficient, and convenient access for people and goods. It includes promoting access for people travelling by public transport, cycle, on foot or people with mobility restrictions.15 Within the Suburban Centres and Inner Residential Area, Objectives 6.2.8 and 4.2.9 are to enable efficient, convenient and safe access for people and goods. Related Policies 6.2.8.1 and 4.2.9.1 seek to improve access for all people travelling by public transport, cycle, or foot, and for people with mobility restrictions’. Objective 12.2.5 is ‘to enable efficient, convenient and safe access for people and goods within the central area’ and Policy 12.2.15.3 is ‘to manage the road system in accordance with a defined road hierarchy’. The Project does not alter the road hierarchy as strategic trips will be maintained on State highway 1. However, the Project will mean that roads on the eastern (part only), southern and western boundaries of the Basin Reserve will cater for local traffic as opposed to State highway traffic. This means that some roads will have reduced levels of traffic with consequential benefits to amenity for users and adjacent land uses, and generally to active modes of transport including public transport. As outlined above (see assessment against Objective 10 of the RPS) TR4 demonstrates how the Project will deliver significant efficiency and safety benefits to all modes of transport. Some additional relevant considerations include: . the Adelaide Road/Rugby Street intersection – wider pedestrian island in the centre of the intersection to accommodate pedestrians and cyclists moving between Newtown, the Basin Reserve and beyond; . the introduction of bus lanes on Dufferin Street/Rugby Street/Sussex Street/and Buckle Street; . the alternative layout to provide better access for school drop offs outside St Mark’s Church School and Wellington College;

15 For the purpose of this assessment it should be noted that activities relating to the upgrade and maintenance of existing formed roads are permitted activities in the Suburban Centre Zone, Central Area, Residential Area and the Open Space Area for existing formed roads. Therefore, the following elements of the Project not requiring assessment are:

. Adelaide Road/Rugby Street intersection layout modifications within the road reserve boundaries;

. Opening of the third lane in the Buckle Street underpass;

. Buckle Street/Taranaki Street intersection layout modifications within the road reserve boundaries.

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. access to roads that are currently State highway but will be local roads in the future around the south side of the Basin Reserve will be retained; . the Ellice Street link will provide a new formalised access route for cars, buses, cyclists, and pedestrians that provides replacement local access; . pedestrian and cyclist links from Paterson Street onto and under the new bridge structure; . pedestrian and cyclist links are retained under the bridge structure at Ellice Street and Dufferin Street; and . AUSTROADS safety standards and independent safety audits have been undertaken on the geometric road design (see TR1: Design Philosophy Statement). In summary, safe and convenient access for all modes of transport will be maintained or improved by the Project. The Project also supports the WCDP objectives for the transport network by: . improving access to the CBD, the economic centre of Wellington City; . improving the safety and efficiency of SH1 which is a strategic transport corridor in the defined road hierarchy of the WCDP; . providing greater choices for transport modes through additional walking and cycling routes and choices that are designed to respond to all people including those with mobility restrictions; and . enabling priority bus lanes to be provided at specific points on the roads around the Basin Reserve and enabling the future development of a high quality public transport corridor for the local road network on the north-south transport corridor. Future growth is directed to locations that make use of existing infrastructure, and therefore it is inevitable that further upgrades to the transport corridor will be required. This is signalled in the N2ACP and the Project proposes to deliver those improvements as part of a strategic approach to improving public transport. The changes at the Basin Reserve represent an evolution of the transport corridor function at this location and this is consistent with and an inevitable consequence of delivering a more compact city in accordance with the UDS.

Therefore, and noting the assessment against Objective 22 of the RPS above, the Project supports the WCDP Vision for a Sustainable City by improving transport for all modes, cars, public transport and access by active modes. Overall, the Project will be consistent with the WCDP objectives to provide a safe, efficient and convenient transport system that provides access across the City in a way that delivers in accordance with strategic transport functions allocated in the road hierarchy of the WCDP. The Project is therefore consistent with the key land use and transportation Objectives (6.2.8, 4.2.9 and 12.2.5) and Policies (6.2.8.1, 4.2.9.1 and 12.2.15.3) of the WCDP.

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37.2.3 Other Relevant Matters

37.2.3.1 Government Policy Statement on Land Transport Funding (GPS)

The GPS recognises Roads of National Significance (RoNS) as national road development priorities and essential routes that require significant investment to reduce congestion, improve safety and support economic growth. The purpose of listing roads as nationally significant in the GPS is to ensure these priority developments are taken fully into account when the NZTA develops the National Land Transport Programme (NLTP) (assessed in the following section). The specific short to medium term impacts the government expects to be achieved through the NLTP (and therefore use of the National Land Transport Fund) are: . improvements in the provision of infrastructure and services that enhance transport efficiency and lower the cost of transportation through: . improvements in journey time reliability; . easing of severe congestion; . more efficient freight supply chains; and . better use of existing transport capacity. . better access to markets, employment and areas that contribute to economic growth; . reductions in deaths and serious injuries as a result of road crashes; . more transport choices, particularly for those with limited access to a car where appropriate; . a secure and resilient transport network; . reductions in adverse environmental effects from land transport; and . contributions to positive health outcomes. The Project expects to contribute to implementing the GPS by: . improving journey time reliability by removing conflict points around the Basin Reserve; . reducing congestion through grade separation of SH1 east-west traffic from north- south local traffic; . improving public transport journey times and reliability and also enabling the future development of a public transport spine along the existing corridor between Kent and Cambridge Terraces and Adelaide Road; . improving access to employment centres within the Region and the Wellington RoNS corridor and, in particular, between the CBD and Wellington International Airport and Wellington Hospital;

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. providing more and safer transport choices through additional route choices for all modes, particularly for pedestrians and cyclists, which contribute to positive healthier outcomes; . improving the resilience of the network by providing a bridge that is likely to perform better than the at grade road in the event of a seismic event and/or tsunami; and . improving air quality and noise and vibration conditions on the southern, western and eastern parts of the road network around the Basin Reserve. TR 17 explains that these improvements will contribute towards a more efficient and competitive Wellington economy. The Project will contribute to making living in Wellington a more enjoyable City to live in, which, in turn will support employment retention and assist to promote growth. Therefore, the Project helps to meet the short to medium term objectives for the RoNs outlined in the GPS.

37.2.3.2 National Land Transport Programme (NLTP), Wellington Regional Land Transport Strategy and Programme (RLTS and RLTP)

National Land Transport Programme The NLTP recognises that the Government has identified the Roads of National Significance (RoNS) as essential routes that require significant investment. The NLTP 2012 – 2015 for Wellington focuses on completing the investigation for the Wellington Northern Corridor RoNS programme. The NLTP states that the corridor from Levin to the Wellington Airport is crucial for the efficient north-south movement of freight and people, and the Basin Bridge project forms a part of this larger project. Regional Land Transport Strategy

The RLTS was approved by the GWRC in September 2010. It is a statutory document prepared under the LTMA 2003. It is the strategic transport document that guides the development of the Region’s land transport system and sets the framework and vision for the provision and management of movement and transport throughout the region. Its vision is to: ‘Deliver an integrated land transport network that supports the region’s people and prosperity in a way that is economically, environmentally and socially sustainable.’ The RLTS provides a number of objectives that to deliver the vision. Key objectives and an assessment against each, is provided below: . assist economic and regional development Assessment: TR17 explains how the Project will contribute to economic and regional development by improving efficiency of the road network. Therefore, the Project is in general accordance with this objective.

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. assist safety and personal security Assessment: TR11 explains how the project will improve personal security conditions generally by increasing general visibility and provision of buildings that increase activity. TR4 explains how the proposal will improve safety of that transport network for all users. Therefore, the Project is in general accordance with this objective. . improve access, mobility and reliability Assessment: TR4 explains how the Project will improve access and reliability of vehicular movements. TR4 and TR9 explain how access by active modes will be improved in accordance with this objective. . protect and promote public health TR6 explains that air quality will not be materially affected and in some locations will be improved. TR14 explains how the Project promotes and encourages travel by active modes, so that the project will promote public health. . ensure environmental sustainability The Project assists with the vision of a Compact City (as per the RPS) and WCC’s Sustainable City. TR4 explains how the project will improve public transport and active modes. The Project will enable delivery of enhanced public transport (in accordance with the PTSS) and will thereby assist reduce reliance on the car, as part of an integrated approach to delivering future growth of the city. The Project also provides over 1ha of new open space, While there are effects, some of which are adverse (such as visual amenity in some locations) these effects have been avoided, remedied or mitigated to the greatest extent possible. The RLTS lists delivery of the Wellington Northern Corridor RoNS as a key action. The RLTS also identifies the N2ACP as providing a basis for implementing the RLTS in this part of the region. This Project is a part of the RoNS and is identified in the N2ACP (see assessment of this document below).

Overall the Project is in accordance with and assists in meeting the objectives of the RLTS. Regional Land Transport Programme The Project is listed in the RLTP and has been included in the NLTP. The NLTP has confirmed that investigation and construction funding is allocated for the Project and that it is to be delivered as part of the Buckle Street undergrounding (the NWM Park) and the ICB improvements projects. Subsequently, the NZTA Board has approved construction funding for the Project, provided that RMA approvals are obtained. This allocation of construction funding is recognition of the importance of this Project to address the transport challenges on this important national transport route. It also recognises that the Project is consistent with the aims and objectives of the RLTP and NLTP. Therefore, the Project meets the national and regional investment aims for transport infrastructure in this location.

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37.2.3.3 Ngauranga to Airport Corridor Plan (N2ACP),

The N2ACP is one of four corridor plans contained within the RLTS, the others being the Western, Hutt and Wairarapa corridors. It is the detailed RLTS implementation plan for this corridor. The outcomes of the N2ACP are therefore reflected in the RLTS, where the long term vision is to manage traffic congestion through the corridor at levels ‘that balance the need for access against the ability to fully provide for peak demands due to community impacts and cost constraints’16. The N2ACP has been formed fully cognisant of the City Council’s UDS and the District Plan vision for a sustainable city and, therefore, it aims to make maximum use of the existing network by ‘removal of key bottlenecks on the road and rail networks.’17

One of the immediate priorities for the corridor, contained in the N2ACP is to improve ‘traffic management at the Basin Reserve to enable more reliable bus journey times, improved reliability of the ring route and improved pedestrian and cyclist facilities.’ (page 1 of N2ACP)

The N2ACP explains this in more detail, as being to:

‘Design and construct improvements at the Basin Reserve to improve passenger transport, walking and cycling, by separating north-south flows from east-west traffic; and implement complementary bus priority measures on Kent Terrace, Cambridge Terrace and Adelaide Road.’18

Importantly separating north-south flows from east west traffic is a cornerstone principle. As explained above (in the assessment against the RPS and the WCDP) the Project will remove a key bottleneck in the corridor, better manage peak transport demands and help reduce congestion. The Project will, therefore, contribute to achieving the long term strategic vision for the N2ACP for the City by delivering improvements at the Basin Reserve.

The proposed grade-separation of the east-west SH1 corridor from the north-south local transport corridor facilitates the development of a public transport ‘spine’. The Project includes provision of new bus lanes around the Basin Reserve that will link with existing and proposed bus lanes to the north and the south and can accommodate other public transport modes such as Bus Rapid Transit or Light Rail which are presently being considered by the PTSS.

The N2ACP identifies measures to be implemented within 10 years. These are shown in Figure 37-1 below.

16 page 2 of the N2ACP 17 ibid 18 Page 10 of N2ACP

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Figure 37-1 Measures to be implemented within 10 years by the N2ACP (improvements at the Basin Reserve are shown with a solid red line)

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A key initiative of the N2ACP is the development of a passenger transport network to support the growth spine. The N2ACP outlines that the PTSS is to be delivered in two stages, as follows:

Undertake a feasibility study for a high quality public transport system, including light rail (the most favourable option(s) will then be developed further by a more detailed scheme assessments after 2013/2014).

The PTSS is currently underway with three short-listed options being further assessed. These are:

. bus priority, i.e. more dedicated bus lanes and priority traffic signals for buses, along a central alignment - essentially along the ‘golden mile’ to Kent Terrace, around the Basin Reserve and along Adelaide Road to Newtown an alternative alignment through Hataitai currently exists. . an exclusive busway for bigger, higher capacity buses separated from other traffic, along the central alignment to Newtown and an alternative through a new tunnel to Ruahine Street and Wellington Road and then onto Kilbirnie; and . light rail, running on steel tracks either separate from or with other traffic, along the central alignment with the same alternative through a new and dedicated tunnel to Ruahine Street . The Project has considered the proposals being developed in the PTSS for a high quality public transport spine from the CBD to the southern suburbs between and in particular the sections between Kent Terrace and Adelaide Road. The layout of the bridge and roads underneath the bridge are consistent with the options from the PTSS. As such, the Project is designed to enable the future development of a north-south public transport corridor alongside the Basin Reserve by providing for improved journey times and increased reliability of public transport through the Basin Reserve.

The Project is consistent with the aims of the N2ACP and is consistent with the PTSS options that are being developed. The N2ACP, (which is of itself contained within the RLTS), proposes a series of transport projects for improving the transport network within the corridor with a particular emphasis on encouraging the uptake of public transport. Therefore, the Project is helping to make more efficient use of existing infrastructure by facilitating improvements in public transport and active modes, so that the roads corridor can accommodate more users. A recent examination of alternative options by WCC outlines the Projects strategic importance to the Wellington transport network. The WCC Officer Report ‘Basin Reserve – Assessment of Alternative Options for Transport Improvements’ explains that ‘one of the precursors for growth and intensification to occur is being ‘better connected – by strengthening road and public transport linkages’ 19. The Report goes on to explain that the

19 WCC UDS

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SH1 around the Basin Reserve provides access to Wellington’s eastern and southern suburbs (Adelaide Road (Newtown) and Kilbirnie and Miramar) to the Airport and to the Regional Hospital. It also provides an important north-south public transport function. However, currently it is congested, unsafe, is a barrier to active transport modes, and ‘creates a constraint on further growth and development – both residential and employment20’. These statements fully align the project with the intent of the related Regional form, design and function objectives and related policies and the outcomes of the N2ACP.

37.2.3.4 Wellington Regional Strategy

In 2012 a revised Regional Strategy was released by the Region’s local authorities. The aim of the Strategy is: ‘to build a resilient, diverse economy – one that retains and creates jobs (especially high value jobs), supports the growth of high value companies and improves the region’s position in relation to the national GDP and national employment.’ The revised WRS provides six focus areas, of which focus area 3 – ‘Building world class infrastructure’ is the most directly relevant to the Project. This focus area recognises that: Regional economic prosperity is heavily dependent on the region’s level of connectedness and resilience at local, national and international levels. This is in turn dependent on the quality of our foundation infrastructure and transport systems. The Project is part of the Wellington Northern Corridor RoNS and therefore is part of a strategic plan to improve transport and thereby assist economic growth and development. The Project delivers significant improvements to transport and to travel within Wellington. TR17 explains that the Project makes a positive contribution to the Wellington economy and, therefore, helps improve economic prosperity. Through assisting to deliver higher quality infrastructure, the Project is consistent with the focus area 3 of the WRS.

37.2.3.5 WCC Transport Strategy, WCC Walking Policy and WCC Cycling Policy

The transport, and specific walking and cycling strategies and the underlying policies of all seek to promote active modes. The WCC Transport Strategy provides long term transport outcomes21 that are consistent with the national and regional transport aims, objectives and policies, as follows: . offer quality transport choices; . coherent and efficient transport system that aids economic development’; . minimise the environmental effects of transport (see Part G of this AEE); and

20 Page 10 of ‘Basin Reserve – Assessment of Alternative Options for Transport Improvements’ Report 21 Long term outcomes 2.1 to 2.5 in the WCC Transport Strategy

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. highly interconnected public transport, road and street systems that support urban development and social strategies. An assessment of the Project against the WTS is provided in TR4. This assessment is not repeated here, but for reasons outlined above, the Project is consistent with the long term outcomes of the WCC Transport Strategy. The WCC Walking Policy and WCC Cycling Policy, again, in much the same way as the national and regional transport objectives, generally seek the following: . improved pedestrian and cyclist safety; . improved experiences for pedestrians and cyclists; and . promotion of active mode travel. The Project also supports and delivers the related objectives of the WCC walking and cycling policies.

37.3 Urban design and townscape

This section considers how the proposed development fits into the urban design and townscape of the Basin Reserve. The following RMA matters and other relevant matters that are assessed in this section are:

RMA Matters: . Wellington Regional Policy Statement (2013); and . Wellington City District Plan. Other Relevant Matters: . Wellington 2040; and . Urban Development Strategy (July 2006). While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans listed in TR18.

37.3.1 Wellington Regional Policy Statement (2013)

Objective 22 of the RPS explains that a ‘compact well designed and sustainable regional form that has integrated safe, responsive transport network and a viable, vibrant central business district in Wellington City’ are key outcomes sought. The previous section considered the integrated transportation and form and function (land use) matters in relation to this Objective. Specifically in relation to Urban Design there are two primary additional policies. Policy 54 (Achieving the region’s urban design principles) is focused on having particular regard

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towards achieving the Region’s urban design principles which are provided in Appendix B to the RPS. Policy 67 explains that the maintenance and enhancement of a compact well designed and sustainable regional form is promoted by, amongst other things, implementing the NZ Urban Design Protocol and recognising and enhancing the role of the Region’s open space network. The NZTA is a signatory to the NZ Urban Design Protocol and has prepared policy documents that require infrastructure projects to be designed and supported within the context of an urban design and landscape framework. This approach has been used for this Project in order to help ensure that the preferred project alternative is selected and then developed taking into consideration urban and landscape design effects and other environmental considerations (see TR19). TR3 provides the Urban and Landscape Design Framework and this has informed the assessment of urban design effects in TR9. TR9 explains that the urban design principles provided in the RPS closely follow the seven ‘C’s of the Urban Design Protocol.22 These principles are reflected in the urban design effects assessment provided in TR9 and which are summarised in Part G of the AEE. TR9 provides a detailed assessment of the urban design effects of the Project. The report notes that the Project Area is currently degraded and suffers from poor pedestrian and cycling connections. The Project will improve and create new pedestrian and cycling connections and introduces a much higher quality public realm. The Project entails: . enhancements to the entrances to the Basin Reserve, notably at the northern end with a new Northern Gateway Building connected to and delivered as part of a new 1,330m2 entrance plaza; . provision of a new building to re-activate the square at the corner of Ellice and Kent Terrace; . architectural lighting and finishes to the underside of the Bridge and to its piers; . the improvement of existing open space and the creation of over 1ha of new open space; . provision for a significant area of open space to the west of Cambridge Terrace which will become a new eastern extension of the National War Memorial Park; . planting of approximately 73 trees (including potentially 7 relocated pohutukawa) and the removal of 5 trees and numerous bushes to make way for the new bridge and to secure improvements to the public spaces; . provision of 995m of new cycle path and 210m of new pedestrian footpaths; and . walking and cycling connections are improved and the footbridge (shared space) will provide a valuable new connection. The Project will cause significant adverse amenity effects on a small number of residential properties in Ellice Street where the western end of the street will be affected by the

22 The seven “Cs” are: Context, Character, Choice, Connections, Creativity, Custodianship and Collaboration

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proximity of the Bridge superstructure and also the pedestrian footbridge (which unzips from the Bridge at Hania Street). The spaces under the Bridge will have reduced amenity, although they have been designed to be well lit, to be highly visible with no hiding spaces, and to act as effective transition zones. Overall, the significant positive urban structure/land use benefits and moderate positive accessibility benefits outweigh the identified adverse amenity effects. TR9 also notes that overall regional and city wide benefits (as outlined in the preceding transport and land use assessment) enable the Project to offer overall urban design benefits. Accordingly, it is considered that the Project is consistent with Objective 22 and with Policies 53 and 67.

37.3.2 Wellington City District Plan (WCDP)

The proposed designation includes land in the following WCDP zones: . the Central Area Zone; . the Inner Residential Zone (limited to work on St Joseph’s land and Dufferin, Paterson, and Ellice Streets); . Open Space Zone; and . the Suburban Centre Zone (road reserve only at Rugby Street/Adelaide Road). The Project Area is proximate to the Institutional Zone and also within the Open Space Zone at the Basin Reserve (and the median of Kent and Cambridge Terrace). See section 37.5 for an assessment of the project against statutory open space provisions. While there are no works proposed on properties subject to these zonings, some properties and schools in these zones have direct access to the Project Area.

The relevant sections of the WCDP that are assessed in this section are: . Residential Area . Objective 4.2.3 - To maintain and enhance the physical character of Residential Areas and identified areas of special streetscape or townscape character. Policy 4.2.3.4 - Maintain and enhance the streetscape by controlling the siting and design of structures on or over roads and through programmes of street improvements.

. Objective 4.2.9 - To enable efficient, convenient and safe access for people and goods within Residential Areas . Policy 4.2.9.1 Seek to improve access for all people, particularly people travelling by public transport, cycle or foot, and for people with mobility restrictions. . Policy 4.2.9.5; Protect and enhance access to public spaces in all areas of the city.

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. Suburban Centres (Objective 6.2.3 (mirrors Residential Objective 4.2.3; Objective 6.2.8 (mirrors Residential Objective 4.2.9); and Policy 6.2.8.1 mirrors Residential Policy 4.2.9.1); . Central Area and supporting Appendices: . Urban Form and sense of place (Objective 12.2.3, policies 12.2.3.1, 12.2.3.2) . Sensitive Development Areas (Objective 12.2.4; Policy 12.2.4.5) . Access (Policy 12.2.15.3; Policy 12.2.15.4; Policy 12.2.15.14) . Central Area Urban Design Guide; Te Aro Corridor Design Guide (Policy 12.2.3.2) . Viewshafts (Policy 12.2.6.7) . Chapter 24 – Designations (Objective 24.2.1; Policy 24.2.1.2; 24.2.1.3) As outlined in Chapter 11 of the AEE, the design of the Project has been undertaken iteratively and has been led by architectural, urban design and landscape specialists, in partnership with engineers. A project specific Urban Landscape and Design Framework (TR3: ULDF) has been prepared which explains the current design and sets out principles and considerations that will govern future detailed design processes. This provides an important context for the subsequent assessment. While an outline plan waiver is being sought as appropriate, the ULDF provides principles and detailed design considerations that need to be adhered to when developing detailed design and this approach is reflected in the conditions. The detailed design drawings will be developed in consultation with relevant stakeholders and will need to be certified in advance of construction. This process provides the basis for ensuring appropriate detailed design responses are used and provides the certainty needed that the intent shown in drawings and outlined in TRs will be delivered.

Generally speaking, the WCDP provides only very limited urban design / townscape policies and objectives in respect of a proposal to develop new road connections, or to realign existing connections. However, a number of policies and objectives relate to urban design outcomes sought from new building development. Therefore, the following assessment needs to be contemplated in strategic terms (provided above) and in general terms at the streetscape level. This assessment also needs to be read relative to the assessment against provisions covering localised amenity issues, heritage and open space.

37.3.2.1 Central Area (Buckle Street, Kent and Cambridge Terrace)

Objective 12.2.3 seeks to recognise and enhance those characteristics, features and areas of the Central Area that contribute positively to the City’s distinctive physical character and sense of place. Policy 12.2.3.1 is to preserve the present ‘high city / low city’ general urban form of the Central Area.

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Policy 12.2.3.2 refers to the Central Area Urban Design Guide to help promote a strong sense of place and identity within different parts of the Central Area. Objective 12.2.4 states that future development of any large land holdings is undertaken in a manner that is compatible with and enhances the contained urban form of the Central Area. In this context Policy 12.2.4.5 seeks to ensure that development within the Te Aro Corridor assists with integrating the inner city bypass into the urban fabric of southern Te Aro. Policy 2.2.6.7 seeks to protect and enhance identified public views. Policy 12.2.6.18 (structures on or over road) is the same as Policy 4.2.3.4 and is assessed below with the Inner City and Suburban Centre objectives and policies.

37.3.2.2 Policy 12.2.3.2: Central Area Urban Design Guide

The Central Area Urban Design Guide forms part of the WCDP and is to be used in conjunction with objectives and policies of the Central Area. The Guide stipulates that all relevant guidelines found within it are to be addressed. The guide has been developed in order to principally guide new buildings rather than proposed infrastructure. In this context it aims to achieve high quality buildings, places and spaces by ensuring that design is coherent and responds to context, including heritage, establishes positive visual effects, integrates environmental sustainability and provides conditions of safety and accessibility. These are to a degree relevant and have been used to, for example, inform the Project design (TR3) and its assessment (TR9). In response to the particular context of the Project Area and the requirement to design a project that responds to that context, the NZTA instructed architects and landscape designers to design the proposed infrastructure in collaboration with the traffic and structural engineers. The Project design evolved through a process of urban design, visual and other environmental appraisal and assessment that has informed and shaped design solutions. This process is summarised in TR3 and it was formed in order to optimise urban design outcomes generally and to ensure that a high quality of design was used in connection with the bridge structure. This high quality is evident in the rendered views (provided in section 1B of the plan set, Volume 5). TR3 explains how the Project design has been developed in response to the context of the site. That context includes the National War Memorial Park (NWM Park), which is under construction and the related undergrounding of Buckle Street. The design of the Project includes new open space and pedestrian and cycling connections that fit into those provided within and through NWM Park to provide connected journeys and thoroughfare. The NWM Park and the open space provided by the Project have been designed as a single entity, as part of the approach to creating a landscaped space through which a road bridge passes. The design philosophy of the terraces adopted by the NWM Park stems from Kent and Cambridge Terrace and this is continued through the open space provided as part of the Project. TR3 (and TR10) explains that the horizontal alignment and design of the bridge follows the historic street pattern of this part of the city as much as practicable and, in doing so, re-

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creates a physical edge to the Basin Reserve as a square. The building under the bridge augments this approach. The horizontal alignment of the bridge is virtually flat and links the minor ridge lines of Mount Cook to Mount Victoria and thereby accentuates the valley within which the Basin Reserve sits. TR3 explains that the governmental and civic function of the area, and the arrangement of important buildings and features, including the Basin Reserve, have informed design choice. The design of the bridge has been to fit in with rather than to make a statement and the concept is about minimising visual intrusion as much as possible. This has meant that the bridge is as slim as possible and also is formed as a single structure (with minimal joins). Part of this approach, to make the bridge ‘elegant and slender’, has been the provision of see-through pedestrian barriers on the northern side of the bridge, so as to present as thin an edge as is possible to views from Kent and Cambridge Terrace towards the Basin Reserve. Other design features include abutments where the area surrounding the base is vegetated to assist blending the bridge in with the landscape, and the articulation of the bridge soffit to create the impression of movement. The provision of light wells between the footbridge/cycling space component and the bridge also assist. TR11 explains how crime prevention issues have been avoided through design, and how these outcomes can be achieved through conditions (that are proposed in Part H of the AEE). TR11 explains how the Project delivers positive improvements to the existing environment from a CPTED perspective, including new active edges on the corner of Kent and Ellice (building under the bridge) and through the new proposed Northern Gateway Building.

The above paragraphs outline how the design approach has recognised the unique qualities and sense of place of the urban setting and responded to those in accordance with part 2.1 of the Design Guide. The Project has complemented existing patterns of alignment and achieved a positive scale of relationship with adjoining buildings. This has been achieved, for example, by the proposed green screen and the building under the bridge. Therefore, the Project is in accordance with part 3.1. The alignment of the roads and connections proposed, together with landscaping, create a coherent pattern that combines amenity with public space (part 3.3 of the Design Guide). The Project ensures a reasonable level of ventilation. Daylight and outlook are maintained, by minimising the width of the bridge, through careful design and placement of piers, and by ensuring the minimum headroom under the bridge is 2.4m (there are no small, low dark areas at the abutments). The proposed building under the Bridge and the Northern Gateway Building, alongside provision of visible and legible open space and public realm provides improved outlook outcomes when compared with existing. It should be noted that the Northern Gateway Building is located in the Open Space Zone and so policy 12.2.3.2 of the Central Area Design Guide does not apply. Reference to the Northern Gateway Building is provided for completeness to demonstrate consistency of design considerations across the Project. Therefore, the Project is in accordance with the intent of part 3.4 of the Design Guide. TR10 explains that the Project results in some significant visual changes. Those changes must be viewed in the context of the existing visual environment of diversity and fragmentation, accommodating a major traffic corridor awaiting up-grade. The report

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explains that the Project will make improvements to aspects of the visual setting and through design and landscaping reduces adverse effects as much as is practicable. TR10 explains that effects will largely be experienced in a dynamic way by those travelling through the area, but that for a small number of properties the visual effects will be of much greater significance. The report concludes that the design of the Project has . optimised mitigation/integration opportunities within its ‘site boundaries’; . reduced the adverse effects of the bridge structure as much as practicable; and . made improvements to aspects of the existing setting. Therefore, while the Project has adverse effects, the approach has been to appropriately manage adverse effects and maximise benefits. Therefore, it accords with part 3.8. On balance the Project is considered to be in accordance with the Central Area Urban Design Guide.

37.3.2.3 Te Aro Corridor Design Guide

The Central Area Urban Design Guide includes a supporting appendix design guide for the Te Aro Corridor that has been prepared in order to better integrate the Inner City Bypass into the urban fabric of southern Te Aro as an active city street. The boundary of the Te Aro corridor is subject to an Environment Court appeal (Plan Change 48). However, the boundary area subject to appeal is outside of the Project Area and located in the vicinity of Karo Drive and Abel Smith Street. The Te Aro Design Guide sets out location specific guidelines within the corridor that are largely focussed on sections of the Inner City Bypass that are outside the Project Area. Of most relevance to the Project is the National War Memorial Area. The Te Aro Design Guide objective for this area is to retain the landmark significance of the Carillon and National War Memorial and maintain unobstructed ridge top setting for the National War Memorial and maintain the built edge to the Buckle/Taranaki St intersection. As shown in the topographical cross section for the Project (Drawing 5B.06), and addressed in the visual townscape assessment (TR7), the proposed works will not obstruct the ridge top setting of the Carillon and National War Memorial in the wider townscape. Further, the underlying topography enables a vertical alignment for the bridge that traverses the valley floor in a way the does not undermine the landmark setting of the Carillon on a minor ridge that is higher than the proposed bridge structure. The Project does not propose any alterations to the built edge at Buckle/Taranaki Street intersection. Any works in that location will be located within the existing road reserve. The guidelines for the development of land in the vicinity of the National War Memorial are not inconsistent with this Project although it is part of the existing environment. Similarly, the guidelines for Arthur Street are not considered as the Project does not propose alterations to the built edge in that location. Design references in the guide give two ‘primary contexts’ for the development of the Te Aro Corridor. These are:

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. the city grid; and . the edge of the bypass itself where it deviates from the city grid. The second primary context is not applicable to the Project, as the Project alignment responds to and is therefore largely within the city grid (TR3, TR9, TR12 and TR10, page 16). In relation to the city grid, the opportunity to enhance the historical urban space, spatial structure of the city, including well-defined grid and axial connections, has been incorporated into the Project design and is outlined in TR3. The Project’s horizontal alignment is consistent with the city grid within the Te Aro Corridor. Therefore, overall, the Project is consistent with the intention of relevant objectives and guidelines for the Te Aro Corridor.

37.3.2.4 Objectives 12.2.3 and Policy 12.2.3.1 of the WCDP

The objectives and policies of the WCDP for the Central Area are generally concerned with maintaining or enhancing characteristics, features and areas of the Central Area, which includes preserving the high / low city urban form. 23

The Central Area Urban Design Guide assessment above shows that the project has been developed responding to context, to provide good connections, to achieve good safety and in a manner that responds appropriately to visual effects. Section 36.3.1 outlines how the Project delivers overall positive urban design outcomes and also outlines the particular landscape and urban design outcomes / attributes of the Project. In addition, the Project will re-establish the street edge at the corner of Kent Terrace and Ellice Street with a proposed new building (under the Bridge) that will provide a good urban design outcome and be of a visual quality and design that is beneficial to the public environment. The height, mass, design and scale of the proposed building (under the bridge) has been designed to be integrated into the form and scale of its surroundings. This is supported by the proposed green screen that provides a backdrop to the Grandstand Apartments as well as a transition of building mass from the Grandstand Apartments to the Bridge and then to the Basin Reserve itself. TR4, TR9 and TR10 note that the environment around the Basin Reserve suffers from poor connections are dominated by the car. Wellington 2040 Central City Framework (page 50) refers to the vast peripheral scar of the SH1 motorway which separates the Basin from the southern suburbs. The Project will contribute to a ‘sense of place’ in this location by providing a coherent and continual landscape scheme across the corridor from the entrance to Government House, the Basin Reserve and Dufferin Street through to the proposed open space connection into the NWM Park proper. A new legible entranceway via an expanded

23 This is a term that the District Plan uses to describe the high ‘rise’ and low ‘rise’ characteristics of the Central Area (CBD)

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pedestrian Plaza, and a new Northern Gateway Building into the Basin Reserve, further improves the existing situation. TR12 notes that the Project Area forms part of a transport corridor that has evolved over time and that this transport function can reasonably be anticipated to be developed and enhanced further. TR9 notes that the Project should be considered in the context of not making any changes and accommodating increasing traffic levels around the Basin. TR9 concludes that in this context, the do nothing or do minimum scenario will be less desirable than the proposed Project which solves congestion and, along with it, addresses connection problems. For the above reasons the Project is therefore generally consistent with the objective 12.2.3 and Policy 12.2.3.1 of the WCDP.

37.3.2.5 Policy 12.2.6.7: Central Area Viewshafts

Figure 37-2 shows that there are no viewshafts that are either directly relevant or are otherwise affected by the Project. The closest viewshaft is the Central Area viewshaft 20 which is along Tory Street looking toward Buckle Street. The focal element is the Buckle Street Barracks. The Project does not propose any works that will intrude into or obstruct this viewshaft as Buckle Street and the proposed allocation of road space to provide an addition lane is underground. For the same reason, the Project will not affect view shaft 21 from the former National Art Gallery and Museum).

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Figure 37-2 Central Area viewshafts showing Viewshafts 19 and 20 along Tory Street and Viewshaft 21 from the National War Memorial and Carillion toward Wellington Harbour

Therefore, the Project does not have any effect on any WCDP viewshaft.

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37.3.2.6 Suburban Centres and Residential Area Zones (Ellice, Paterson, Dufferin and Rugby Streets)

Objectives 6.23 and 4.23 seek to maintain and enhance the physical character, streetscape and townscape of the Suburban Centre and Residential zones. Policy 4.2.3.4 aims ‘to maintain and enhance the streetscape by controlling the siting and design of structures on or over roads and through programmes of street improvements’. The explanation to Policy 4.2.3.4 focuses firstly on the issue of garages, carports or car decks for adjacent houses and the effect of verandahs, balconies and footbridges as opposed to infrastructure provision. However, the second part relates to programmes of street improvements. The Project results in a significant reduction in traffic on Dufferin and Rugby Streets (as westbound traffic is now accommodated on the Bridge) and, therefore, the following streetscape improvements: . Maintaining and improving the physical characteristics of the southern end of Dufferin Street to provide access to the schools and Government House through an improved segregation of road space; . Providing a new median to separate the school drop off area on Dufferin Street. The median proposes new tree plantings and low plantings along the median that will enhance streetscape values and will assist in screening the Bridge from views from the Government House Gates and Rugby Street; and . Enhance existing streetscape values at the intersection of Rugby Street and Adelaide Road by improving and significantly enlarging the central traffic island. Signals will favour pedestrian and cyclist access and the reduced traffic on Rugby Street will facilitate access to the Basin.

TR11 reports that the western end of Ellice Street /northern end of Dufferin Street will be adversely affected by the Bridge superstructure and the pedestrian footbridge, as well as changes generally at grade. The spaces under the bridge will also have reduced amenity (TR9, TR10 and TR11). The removal of the residential building on Ellice Street will affect the streetscape further (TR10). The proposed building under the Bridge reduces the visible extent of the bridge soffit, but the curving bridge and footbridge above Ellice/Dufferin Street will be visually dominant as it travels along the street (TR9 and TR10). Therefore, the Project will cause a significant change to the physical character/streetscape of Ellice Street and the northern part of Dufferin Street (TR10). Various design measures are proposed in order to better integrate the Project into this part of the streetscape at street level24: . New building under the bridge, with associated green screen, which integrates the bridge with the urban fabric as well as enhancing visual amenity for this space;

24 See Zone 4 Proposals in Technical Report 3: Urban Landscape and Design Framework

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. New entrance plaza and Northern Gateway Building integrating the Basin Reserve entrance and the bridge together positively. This has been developed in consultation with the Basin Reserve Trust; . Proposed continuation of the NWM Park to create a significant landscape element within which the bridge launches and provides a setting that respects the former Home of Compassion Crèche; . Reallocation of street space to better cater for schools and civic functions at the corner of Dufferin and Rugby Streets. This solution includes new landscaping and trees that link with the new proposed shared path and lane to Ellice Street under the bridge, providing legible connections along the western edge of the Basin; . Large surface rain gardens/wetland planting areas responding to cultural heritage as well as treating stormwater run-off; . Sculptured bridge piers that provide visual interest and a sense of movement and, in order to reduce graffiti, are planted with self-clinging climbers generally on land within rain gardens; . The proposed Ellice Street link will have a slow speed environment and provide generous space for pedestrians and cyclists. It will be tree lined and will link with the line of trees located on Dufferin Street providing and reinforcing this edge of the Basin Reserve; . New trees within and on the edges of the new St Joseph’s Church car park to provide amenity and visual mitigation between the bridge, St Joseph’s Church and Ellice Street residences; . Providing architectural lighting on the underside of the bridge structure; . Sculptured abutments that are developed to provide a minimum head room of 2.4m and are planted so as to provide the appearance of a bridge rising from a landscape. This treatment and approach also prevents graffiti and avoids creation of spaces to hide; and . Adding visual interest and reducing the width of the Bridge by separating the proposed cycle and pedestrian ramp at (just west of) Hania Street. The above shows that the Project seeks to maintain and enhance streetscape values and will improve the existing Dufferin Street (south of Paterson Street), Rugby Street and Adelaide Road streetscape. The current streetscape of the lower part of Ellice Street and Dufferin Streets is currently degraded, primarily due to high levels of car movement and poorly maintained land areas. Therefore, the proposed improvements remedy this current condition, as well as serving to better integrate the Project into the urban environment. Policy 4.2.3.4 seeks to maintain the streetscape by controlling the siting and design of structures and through various improvements. Consultation with Council officers (Chapter 10 of the AEE) has assisted in finalising the alignment of the proposed bridge and associated pedestrian and cycling footpath, and has also informed design. The proposed conditions require the detailed designs to be developed and then certified by Council.

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It should however be recognised that there are localised amenity impacts for a number of houses on the northern side of Ellice Street through the proximity firstly to the pedestrian bridge and the State Highway Bridge. It is considered that mitigation has gone to the furthest extent practicable in order to minimise adverse effects but some residual effects remain. This is further discussed in the section below under localised amenity effects. Accordingly, the Project is consistent with Policy 4.2.3.4. Further the resulting streetscape will include significant new landscape elements that will contribute to the amenity of the space. As such, the Project is not inconsistent with the general intent of Objectives 6.23 and 4.23 of the WCDP.

37.3.3 Other Relevant Matters

37.3.3.1 Wellington 2040, WCC Urban Development Strategy and the Adelaide Road Framework

As explained above in sections 32.2.1 and 32.2.2, WCC has prepared a UDS in order to better manage the future growth and development of the City as part of the WCDP Sustainable City vision25. The preceding sections also explain that growth is to be directed to specific locations in order to make efficient use of infrastructure and in order to promote a pattern of development that enables and encourages travel by active modes. The preceding sections also explain how the Project helps deliver the UDS and the Adelaide Road Framework, as it will facilitate the further growth and intensification sought in the Central Area and at specified suburban centres and suburbs. The Adelaide Road Framework recognises that reducing the pinch point in the road network around the Basin Reserve is important to the form of future development along Adelaide Road. The Project will address the ‘pinch points’ at the Basin Reserve by: . improving peak flow traffic; . providing room for development of dedicated public transport lanes; . improving the visual environment and safety for walking and cycling modes; and . improving the Rugby Street/Adelaide Road intersection and pedestrian crossing. These improvements will deliver one of the proposed medium to long term capital works required by the Adelaide Road Framework. Wellington 2040 notes that the Basin Reserve, together with Arthur Street and Buckle Street, is dominated by SH1 and effectively separates Te Aro from the War Memorial, the Basin Reserve, Massey University and Wellington’s southern suburbs. It goes on to say that this vast peripheral scar must be resolved26. The Project proposes to continue the NWM Park and to extend the open space corridor around the Basin Reserve to the Government House Gates. The landscape proposals on the eastern and southern edges of the Basin Reserve

25 WCC District Plan s1.3.1 26 Page 50 of WCC 2040 Central City Framework

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strengthen connections between open spaces, and provide for ‘greening’ of the area. The Project will contribute to the connection of open space in the Basin Reserve to the southern suburbs through reducing the traffic flows along Rugby Street. The Project’s proposed continuation of the NWM Park helps deliver the eastern end of the processional route along Buckle Street from Sussex Street to the Basin Reserve proposed in the 2040 Framework. Further, the Project shows how that processional route can be extended to link to Government House. Therefore the Project is considered to be consistent with the long term plans of the WCC Urban Development Strategy, Wellington 2040, and the Adelaide Road Framework.

37.4 Built heritage and culture

This section considers how the Project fits with built heritage (comprising buildings in and close to the Project Area and also the Basin Reserve Area) and with cultural values and heritage. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans listed in TR18.

37.4.1 Wellington Regional Policy Statement

37.4.1.1 Built Heritage

Objective 15 of the RPS is to identify historic heritage and protect it from inappropriate modification, use and development. Policies 21 and 22 explain that heritage should be identified (in the WCDP), protected and managed. TR12: Assessment of Effects Built Heritage (Volume 3) (see also Part G, Chapter 22 of the AEE) explains that there are a number of WCDP heritage buildings in close proximity to the proposed designation. In addition to the items listed in the WCDP, TR12 identifies the Basin Reserve as a heritage area of importance and within this area the CS Dempster Gate and the JR Reid gates as buildings of historic value. The design of the Project has responded to these values while significant mitigation is proposed within the Basin Reserve, comprising a new Northern Gateway Building, a new entrance plaza, landscaping and associated relocation of the CS Dempster Gate. These mitigation measures aim to appropriately manage the effects of the Project on the Basin Reserve, while enhancing access and its function as an international cricket ground. This approach is entirely consistent with the purpose and function of the Basin Reserve. The heritage mitigation measures have been discussed and agreed in principle with the Basin Reserve Trust (see chapter 30 of this document). The CS Dempster Gate is to be relocated next to the JR Reid Gate so that in combination the Project includes much better and wider entrance ways into the Basin Reserve. These works are seen as bringing significant benefits.

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The Home of Compassion Crèche (former) on Buckle Street is a Grade 1 listed building and is located on the boundary of the designation and works area. The Crèche will be relocated (such relocation is authorised by the adjacent NWM Park Project and associated undergrounding of Buckle Street). It is understood that its preferred location has been agreed in principle and is shown on all of the drawings (e.g. drawing 5A.02). The Project has been aligned to provide a park land setting for the Crèche. The design of the bridge has sought to ensure that the Crèche has road frontage and that views from Sussex Street will not be obstructed by crash / traffic barriers, with the road being effectively at grade at this location. Overall, the Project has identified heritage items and through careful design sought to appropriately protect and manage effects on those items. The Project is consistent with Policies 21 and 22. The Project does not encompass any inappropriate modification to historic heritage items and therefore is consistent with Objective 15 of the RPS.

37.4.1.2 Tangata Whenua

Chapter 3.10 of the RPS focuses on tangata whenua aspirations for achieving an integrated and holistic approach to managing the Region’s natural and physical resources. The RPS outlines that kaitiakitanga is the environmental guardianship system of tangata whenua, which is based on Maori views of the world and its origins, and the principle that everything is inter-related and inter-connected. Mauri is the life force that exists in all things in the natural world. Tikanga, or customary practices, are followed in order to protect mauri. Observing tikanga is central to kaitiakitanga. Kaitiakitanga is a parallel system of environmental management that should be given appropriate consideration in resource management.

Objective 22 promotes working together on resource management, and Policy 66 seeks to enhance the involvement of iwi in decision-making processes. Objective 23 and Policy 47 emphasise the statutory requirement to take into account the principles of the Treaty of Waitangi. Objective 25 seeks to ensure the concept of kaitiakitanga is integrated into the Region’s resource management practice. Policy 48 implements tangata whenua objectives by directing the avoidance of adverse effects on matters of significance to tangata whenua, and links are made back to topic based chapters (indigenous ecosystems, heritage and water quality) to ensure integrated resource management. Tangata whenua who identify with the Project Area are the Wellington Tenths Trust and Port Nicholson Block Settlement Trust and Te Runanga o Toa Rangatira. The values held for the area relate to the way of life and traditional history of Maori occupation and use of the area prior to European settlement in the mid 1800’s. As explained in the cultural reports (TR15 and TR16), the natural landscape during Maori occupation was wetland, the historic Waitangi Stream ran through the wetland swamp named Hauwai (now the Basin Reserve) that was a source of tuna/eel and other freshwater fish. These historic ecological features and the entrance to the Kaipapa area (land now occupied by Government House) is of cultural importance to tangata whenua.

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The Hauwai area was used for food gathering and cultivation by Maori. Cultivated crops included fern root, kumara and raupo plants used for construction. The Hauwai cultivation area is identified in the WCDP (see also Chapter 37.4.2 below). There has been close and ongoing consultation and engagement with both tangata whenua groups throughout the design process. As a result of those discussions, tangata whenua raised the following interests in the Project: . recognition of the historic occupation of Maori; . Waitangi Stream (now highly modified and piped under the Basin Reserve) and Hauwai swamp; and . nearby properties under Maori ownership in the area that may be affected by the Project. As set out in further detail in the Project’s Urban Design and Landscape Framework (ULDF), recognition of historic Maori occupation was a key consideration for the core Project landscape themes and design. It is recognised as an opportunity to include cultural values into the design themes for the Project. As such, a key feature of the continuation of the NWM Park is the interpretation of the site’s history, a strengthening of historic connections and relationships between Hauwai (Basin Reserve) and Kaipapa (Government House grounds). The landscape features of terraces and rain gardens throughout the Project Area are a physical representation of the historic Waitangi Stream and Hauwai swamp that were of value to tangata whenua as a food gathering area. In this way tangata whenua were key stakeholders in, and contributors to the Project design processes. This involvement has included the preparation of cultural impact assessments (refer to TR 15 & TR 16, Volume 3 of the AEE). The Project is therefore seen to be consistent with the tangata whenua objectives and policies in the RPS, and the process of engaging with tangata whenua has been in accordance with the principles of the Treaty of Waitangi.

37.4.2 Wellington City District Plan

37.4.2.1 Built Heritage

There are no heritage buildings listed by the WCDP that are directly affected by the Project. One tree a Golden Elm, (located at the Paterson Dufferin Street intersection) within the Project Area is protected and therefore is a heritage feature. The Plan explains in section 20.1.1 that absence from the Heritage Inventory does not mean that a feature is of no interest27. Policy 20.2.1.10 protects listed trees from destruction and loss. The listed tree has been subject to a STEM assessment that states that the tree is in poor condition and is near the end of its life expectancy. The Project proposes to plant up to 73 new trees that will be

27 Email exchange between Greg Lee and Hamish Dean (WCC) on 23/05/2013 confirmed this interpretation was valid and that it allows the Council to look at all aspects of the building/structure.

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located in a high quality landscape area and that in time will replace the heritage tree values lost. Therefore, the Project represents an opportunity to replace a tree that is near the end of its life expectancy. Policy 20.2.1.2 discourages relocation of heritage features. This Project proposes that the CS Dempster Gate is relocated in order to accommodate the Northern Gateway Building, in itself mitigation of the visual effects of the Bridge on the Basin Reserve. The relocation option was preferred as it provides opportunity for appropriate access sufficient to ensure that future demands placed on the ground be met, and by doing so, protecting the continued future use of the Basin Reserve as an international sports cricket venue. There are also a number of listed heritage buildings located in proximity to the Project works area. Objective 20.2.1 is to recognise the City’s historic heritage and protect it from inappropriate use and development. Policy 20.2.1.4 protects heritage values of listed buildings from development on the same site. TR12 explains that the settings of the Wakefield Memorial and the Museum Stand (both listed structures) are not adversely affected by the Project. Policy 20.2.1.1 is to identify, record and list the city’s significant historic heritage. Policy 20.2.1.5 seeks the identification of heritage areas and Policy 20.2.1.6 that buildings, structures and spaces within those areas are protected. Policy 20.2.1.7 and 20.2.1.8 require that additions/alterations avoid, remedy or mitigate adverse effects on the area, and that heritage, values, qualities and character is maintained and enhanced. As explained in the above section, the assessment provided in TR12 considers that the Basin Reserve is a heritage area and that features in the ground (not listed by the WCDP) are of heritage value, namely the CS Dempster gate and the JR Reid Gate. The Project proposes mitigation within the ground to avoid and mitigate visual effects of the operation of vehicles on the bridge. This is in accordance with Policy 20.2.1.1. The Project also proposes that a heritage management plan be prepared for the Basin Reserve in order to guide the construction process and inform the design and implementation of the mitigation (the Northern Gateway Building, planting and the relocation of the CS Dempster Gate). This approach is in accordance with Policies 20.2.1.5 and 20.2.1.6.

The overall design approach has been to integrate the bridge with the Basin Reserve, by retaining street patterns and provide a landscaped environment and built form that enhances amenity for users. Key parts of this approach are listed in preceding sections and include: . trees planted in positions adjacent to the Basin Reserve to reduce the visual impact of the bridge; . a new building (the proposed Northern Gateway building) on the site of the Dempster Gate, to mitigate of an effect of the bridge on the playing of cricket. . design of the bridge undercroft and associated landscape improvements to improve identification of the entry to the Basin Reserve;

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. a new building to be located under the eastern section of the bridge to re-establish a built edge to the corner of Ellice Street and Kent Terrace on what is sometimes known as Bogart’s Corner; . refining the bridge design to minimise its visual impacts; and . planting of trees along Dufferin Street to reduce visual impacts on the setting of the Government House entry gates. The modification to the Basin Reserve setting is, therefore, appropriately mitigated by a number of measures to reduce the visual impacts (slim line bridge design), screening of the bridge by the proposed Northern Gateway Building, screening within the Basin Reserve, and amenity and access improvements at the northern entrance. The Basin Reserve setting is an area of constant change and TR12 concludes that any adverse effects of the Project’s modification to the setting of the Basin Reserve must be balanced against the overall public benefits being proposed by the Project. TR12 also explains that the overall effect of the Project on heritage values is assessed as adverse, but having regard to the proposed mitigation, the net adverse effect is considered to be minor. Therefore, the Project is in accordance with Policies 20.2.1.7 and 20.2.1.8. As such, the proposed impacts on heritage values associated with features and areas within the Project Area are not considered to result in any inappropriate development or use of any WCDP listed features or buildings and is in accordance with Objective 20.2.1.

37.4.2.2 Tangata Whenua

These WCDP Objectives and Policies are primarily about recognition and of tangata whenua values and methods of engagement. As discussed, in section 37.4.1.2, engagement with tangata whenua has been in accordance with the Treaty of Waitangi principles and the objectives and policies of the WCDP.

There are no other supplementary design guides, management plans or heritage plans relevant to the management of the land within the Basin Reserve Open Space A zone.

37.4.3 Other Relevant Matters

37.4.3.1 Historic Places Register

The Basin Reserve Area is registered on the Historic Places Register. As discussed in sections 37.4.1.1 and 37.4.2 above, the modification to the Basin Reserve and to its setting are not considered to be an inappropriate development relative to this historic area. All other heritage features are also addressed above.

37.4.3.2 Wellington Heritage Policy (September 2010)

The Heritage policy provides direction to Councillors and Council Staff in their day to day role in heritage management. The policy document provides a vision that is for Wellington

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to be a creative and memorable city which celebrates its past through the recognition, protection, conservation and use of its heritage for the benefit of all of the community and visitors, now and for future generations. The objectives in the document are similar to those contained in the WCDP, to recognise (Objective 1), to protect from development and use (Objective 2) and increase public awareness (Objective 3). Objective 4 seeks to minimise the loss of heritage values through use is while Objective 5 recognises the need to encourage and support economic growth that preserves and enhances the distinct character of communities, neighbourhoods, urban quarter and suburban centres. As outlined in 36.4.2.1 the Project has been designed to appropriately manage effects on the Basin Reserve (and other heritage items). For the Basin Reserve, the proposed mitigation assists by improving facilities so as to better secure the viability of the ground as an ICC test cricket venue. Section 36.4.2.1 also concludes that heritage effects are being managed properly and result in overall positive outcomes. Accordingly the Project is considered to be in accordance with the Wellington Heritage Policy.

37.5 Open space, recreation and ecology

While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the statutory plans as are listed in TR18.

37.5.1.1 Open Space and recreation

37.5.2 Wellington City District Plan

Objective 16.5.1 aims to maintain, protect and enhance the open spaces of Wellington City. The Project proposes work and alterations within the Basin Reserve and within the central median between Kent and Cambridge Terrace (also known as the Canal Reserve), which are listed as open space in the WCDP. The Basin Reserve is Open Space A. The WCDP explains that this type of space in the City provides passive and active recreational opportunities. The Plan acknowledges that in order to be able to enjoy open space, new facilities and buildings may need to be developed. The Canal Reserve is Open Space B. The WCDP explains that this type of space in the City is valued for its natural character and informal open spaces. It includes walkways, scenic areas and open grassed areas where buildings are inappropriate. Its characteristics are minimal structures. Objective 16.5.1 is to maintain, protect and enhance the open space of Wellington. Policies 16.5.1.2 and 16.5.1.3 recognise the Inner Town Belt as public recreation land held in Trust by the Council under the Town Belt Deed 1873, and that activities on this land are managed to protect and to preserve its special qualities for future generations. The Canal Reserve

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and the Basin Reserve were established by the Town Belt Deed 1873 and these policies are relevant. The above section explains how the Project proposes work within the Basin Reserve that will mitigate the visual effects of moving vehicles on the Bridge. It also explains how these works will also provide new facilities including a new modern entrance. They contribute significantly to the ongoing use of the ground as an international cricket venue. TR9, TR10 and TR12 assess the effects of the various options considered. Expert opinion to date generally favours the 55m long structure form of the Northern Gateway Building, however the Basin Reserve Trust as the body responsible for the management and administration of the ground, favours the 65m long Northern Gateway Building. The NZTA supports the aspirations of the landowner provided that when all evidence is heard, the Consent Authority in its overall judgement agrees. Ultimately it is a matter of fact for the decision maker. Details of these alternatives are provided in sections 9 and 10 of Volume 5 and also in TR3, and appendix H to TR3. TR5 explains how there will be no noise effects on the ground, and possibly a slight improvement. Similarly TR6 and TR8 explain how there are no air quality or vibration effects on the Basin Reserve caused by the Project. These mitigation measures link with a new entrance plaza outside the northern entrance to the Basin Reserve. These works entail landscape improvements to the Canal Reserve, which are designed to integrate the proposed piers that support the bridge with this element of the environment. The new entrance Plaza extends and enhances the existing Canal Reserve environment and seeks to preserve its special qualities for future generations. Accordingly it can be concluded that the Project is in accordance with Policies 16.5.1.2 and 16.5.1.3. All alternatives of the proposed Northern Gateway Building mitigate effects on the Basin Reserve and, therefore, protect and maintain the Basin Reserve as an open space in accordance with Objective 16.5.1.

37.5.2.1 Ecology

The RPS contains numerous policies on ecology. However the highly modified urban environment means that there is limited natural environment and while applicable are not overly directive. However, WCDP Objective 16.5.2 encourages maintenance of ecosystems that contribute to Wellington’s natural environment. Policy 16.5.2.3 encourages the retention of existing native vegetation and where appropriate re-introduction of native cover. The explanation to this policy refers to the creation or enhancement of landscape providing corridors for wildlife. The Project enhances and newly creates over 1ha of open space. This open space is proposed to be vegetated with native species, including kowhai and cabbage trees. Pohutukawa trees are used extensively to materially link landscape areas together. Species in wetland areas will replicate those provided in Waitangi Park (on the Wellington Waterfront near Te Papa), responding to the Waitangi Stream (which is under grounded through Newtown, the Basin Reserve and down Kent and Cambridge Terrace. The open

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space is linear and will join the NWM Park with Government House and beyond to the Town Belt. Accordingly, the Project is in accordance with Policy 16.5.2.3. Overall the Project is considered to be in accordance with and to contribute towards the delivery of Objectives 16.5.1 and 16.5.2.

37.6 Localised issues: air quality, noise, vibration, shading and overall amenity

This section assesses the performance of the Project against policies and objectives that relate to air quality, noise, vibration, shading and overall amenity impacts. This section also considers, where relevant, provisions that consider construction effects. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the statutory plans listed in TR18.

37.6.1 Wellington Regional Policy Statement

The RPS only considers air quality and greenhouse gas issues, relative to human health. There are no specific objectives and policies relate to noise, vibration and shading or directly in relation to overall amenity.

37.6.1.1 Air quality

The assessment provided in section 36.2 explains how the Project meets objectives and policies relating to green house gas emissions by enhancing active modes and making public transport more attractive. This section does not repeat that assessment. Objective 2 concerns protecting human health from unacceptable levels of particulate matter, and Policy 2 aims to reduce those adverse effects from fine particulate matter. The explanation to the air quality objectives and policies refers to the NES for Air Quality and explains that the standards stipulated are to be applied.

TR6 explains that air quality at the northern side of the Basin Reserve will be slightly degraded due to the introduction of a new elevated roadway. However, the expected reduction of air quality is not significant due to: . there being no significant change in traffic volumes - particularly SH1 westbound that will use the proposed new bridge; and therefore no significant change in vehicle generated emissions; and . the proposed new infrastructure will improve the flow of traffic to reduce the need for stopping and starting (less congestion).

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TR6 explains that air quality is far below the standards contained in the NES and, at worst; parameters are half the stated threshold limits. Once the bridge is built then there will be a significant reduction in traffic volumes around the southern, western and eastern sides of the Basin Reserve. Consequently, air quality in these areas will be better than currently exists. As the Project will not exceed thresholds in the NES and current air quality levels are already far below the current threshold standards there are no adverse effects to be addressed. Irrespective, the Project leads to an improvement in air quality conditions in many areas. Therefore, the Project is in accordance with Objective 2 and Policy 2 of the RPS.

37.6.2 Regional Air Quality Management Plan (RAQMP)

The objectives and policies of the RAQMP give effect to the RPS. Therefore, the RAQMP applies precisely the same standards for outcomes for air quality as discussed above. Policy 4.2.4 is to avoid, remedy or mitigate any adverse effect of the discharge of contaminants to air that is noxious, dangerous or objectionable. Policy 4.2.14 seeks to avoid or remedy any adverse effects which arise as a result of the frequency, intensity, duration, offensiveness, time and location of the discharge to air of odorous contaminants. These policies are considered to be relevant to construction.

A draft Construction Air Quality Management Plan (CAQMP) has been prepared based on the likely construction method. The Plan shows how potential effects on local residents can be avoided and/or managed. The Plan forms part of the CEMP (volume 4) which includes extensive consultation and complaints procedures to ensure that where effects do occur these can be identified and managed quickly. Accordingly the proposal is considered to be in accordance with policies 4.2.4 and 4.2.14 of the RAQMP.

Overall, it is concluded that the Project is consistent with the objectives and policies for regional air quality contained in the RAQMP.

37.6.3 Wellington City District Plan

With regards to amenity effects associated with transport, the primary objective is 4.2.2 (To maintain and enhance the amenity values of Residential Areas)

Policies 4.2.2.4 (residential) and 12.2.15.2 (central area) both aim to manage the road network to avoid remedy or mitigate the adverse effects of road traffic on the amenity of the Central Area and on/within residential areas. These policies and objectives can be applied to the operation as well as to the construction of the Project.

37.6.3.1 Operation of roads

Technical assessments have been undertaken of the potential noise, vibration and air quality effects of the Project. TR4 provides traffic flows with and without the Project at 2021 and at 2031 and these flows have underpinned these assessments. The Project leads to slight increases in traffic through the Basin Reserve area with improvements making the route

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more attractive. This is not induced traffic i.e. the Project will not cause an increase in the use of cars across the network and the modelling assumes that there will be an increase in people using public transport. The increases are a re-routing of traffic from other routes, e.g. from around the Bays. Generally the Project will allow traffic to flow more evenly with less ‘stop start’. There will be significant reductions in traffic around part of the eastern, southern and western sides of the Basin Reserve. These factors all influence the outputs of noise and air quality modelling. They help explain why noise and air quality conditions are generally not expected to deteriorate and in some respects improve. TR5 (noise) explains that the current and future noise environment is dominated by traffic flows and that this condition has existed for a long period of time. TR5 explains that predicted noise levels at 2021 and 2031 with and without the Project are generally very similar with increases only occurring where new roading is introduced in the horizontal plane and decreases occurring around the eastern, southern and western parts of the Basin Reserve. The noise from traffic on the bridge is generally projected upwards and does not additionally affect neighbouring residential properties to any significant degree with the barriers above the deck of the bridge being 1.1m high. As outlined in TR5, none of the levels in the NES Road Noise Standard are breached by the Project. Consequently the noise level increase is slight and the overall noise level is within the standard. These noise modelling results have been achieved through careful selection of road surface finishes that appropriately minimise noise. In addition the abutments of the pedestrian footbridge and bridge at St Joseph’s Church provide a degree of noise attenuation for St Joseph’s and residential properties on Ellice Street and Dufferin Street.

TR8 measures vibration and concludes that the operation of the SH on a bridge will not cause any adverse operational vibration effects on adjacent property and buildings. Shade modelling is provided in Volume 5: Plan Set and it shows that the shading effects of the bridge are generally minimal. Shadowing from the shared pedestrian/ cycle bridge does affect properties on Ellice Street late in the evening after 18:00 during the summer and autumn only. The shadow does not affect adjoining properties during the winter but there will be shading under the bridge of different degrees and at different times of the day and year. The pedestrian bridge is slender and therefore only casts a relatively fine shadow. In terms of the Northern Gateway Building shading of the cricket ground has been assessed. It is considered that apart from either end of the day in winter, shading is not considered to be of concern. The grade separation proposed by the Project will reduce the congestion that is currently experienced. This improves the existing amenity on the south-eastern, southern and south western sides of the Basin Reserve. Care has also been taken to minimise bulk, significantly improving and expanding the open space, pedestrian and cycling connections, provide new building structures and architectural lighting.

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The proximity effects of the pedestrian bridge and the highway bridge beyond will have adverse amenity effects on four residential properties on Ellice Street. These effects have been mitigated to the greatest extent possible through careful architectural design of the bridge. It should be noted that in relation to these properties their front elevation points south. In addition there is no shading and no overlooking of outdoor habitable spaces i.e. the area immediately outside the back door which is sometimes referred to as the outdoor living area. However there will be proximity effects with the pedestrian bridge being 12.5 metres horizontally to the nearest face of the nearest house. There are residual amenity effects as a result that cannot be further mitigated. In relation to amenity effects on the Grandstand Apartments it should be noted that this area is zoned Central Area with a 18.6 metre maximum height limit permitted under the WCDP. Therefore, any adverse effects from the Project need to be appreciated in the context of development of adjoining land to this limit. In any event the measures proposed by the corner building and the green screen assist with mitigating any additional adverse amenity effects. Overall, potential effects on adjacent land uses are being avoided or appropriately managed in accordance with Policies 4.2.12.1 and 12.2.15.2.

37.6.3.2 Construction

The noise, vibration and air quality assessments have also considered and assessed how construction related effects are able to be mitigated, avoided or remedied.

A draft (Construction Environmental Management Plan (CEMP) has been prepared and is accompanied by subject area management plans. The TRs and the draft management plans identify potential effects and establish a process for finalising the construction methods to be used. The process will involve confirmation of techniques to be used, their programming and timing. Methods for reducing potential effects will be used where needed and this will include careful selection of construction methods and / or timing of work to occur when it will either avoid or be least effects. Mitigation can also include locating high effects work away from noise sensitive locations, as well as screening and watering to manage noise and dust.

The CEMP includes an effective process for managing complaints, as well as an approach to finalising the management plans including gaining further input from Councils and those affected where required. The TRs conclude that noise, vibration and air quality effects can be appropriately avoided, remedied or managed. Conditions of consent are proposed requiring the above process to be used by the constructors. Accordingly, the Project is in accordance with Policies 4.2.12.1 and 12.2.15.2.

37.6.4 Other Relevant Matters

There are no further relevant matters for air quality, noise, shading and vibration or for overall amenity effects within the Statutory Plans.

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37.7 Social and Economic Well Being

While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans as are listed in TR18.

37.7.1 Regional Policy Statement

The transport and urban form / design related objectives and policies have been discussed earlier in and sections 36.1.1 and 36.1.2. Those sections explain that delivery of a compact city is aimed at enhancing the quality of life for residents and for business activity. The RPS is also concerned about the continued viability, vibrancy and accessibility of the CBD (Objective 22, Policy 30). The RPS provides a balance of objectives and policies that on the one hand promote overall economic well-being of people and the ability for people to enjoy the built and natural environment and, on the other, seek to manage, maintain and enhance the Region’s natural and physical resources.

The related objectives and policies are contained in various parts of the RPS as there is an emphasis on enabling people and communities to provide for their social and economic wellbeing and for their health and safety in relation to: . transport (Objectives 9 and 10) – safe and efficient outcomes for people; . regionally significant infrastructure (Objective 10)– social and economic benefits; . urban form and function (Objective 22) – vitality and vibrancy of regional and town centres and effects of poor quality design on amenity; . heritage and culture (Objective 15)- effects on heritage places of sentiment or recognition and associated community values; . risks and consequences of natural hazards on people and communities (Objectives 19,20 and 21); and . quality of ecosystems, water and soil (covered in various parts of the RPS i.e. Chapters 3.4, and 3.8).

The combination of the above seeks to improve social and economic outcomes in the Region. The preceding sections of this Chapter explain how the Project is in general accordance with the objectives and policies of the RPS. In relation to social outcomes TR14 (Social Impact Assessment), concludes that the Project will enable good social outcomes by providing greater choices for active modes, increased access throughout the area and an increase in green space in the area. TR14 also identifies localised adverse social effects during construction relating to amenity, disruption, access to community infrastructure and businesses, and personal safety issues. The CEMP and associated management plans provide a basis for seeking to minimise these types of effects. The CEMP includes communication and engagement processes. Proposed

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conditions require monitoring as well as CPTED assessments of all pedestrian routes through the Project during the construction phase. In terms of economic effects TR17 concludes that the Project will enable Wellington City residents and businesses to provide for their economic well being through: . increased economic activity during the Project’s construction and operation; . reductions in vehicle operating costs, travel time costs and accident costs and improvements in trip time reliability for through traffic and local traffic; . enabling improved public transport services; . facilitating increased intensity of residential and commercial development along parts of the Council’s growth spine; and . not giving rise to any significant economic externality costs. The Project responds to and is consistent with the aims of the RPS that seek to promote the social and economic well-being of the Region.

37.7.2 Other Relevant Matters

37.7.2.1 Wellington Regional Strategy 2012 – Growing a sustainable economy (WRS)

The WRS reflects a renewed commitment by all councils in the Wellington Region to support, promote and facilitate sustainable economic development in the Region. The aim of WRS is to ‘build a resilient, diverse economy – one that retains and creates jobs (especially high value jobs), supports the growth of high value companies and improves the region’s position in relation to the national GDP and national employment.’ (page 6 of WRS)

In order to provide clear links between initiatives to achieve the above, the WRS provides 6 focus areas: . Focus Area 1: Commercialisation of innovation –focus on business led innovation . Focus Area 2: Investment mechanisms for growth – about attracting international investment . Focus Area 3: Building world class infrastructure – connectedness and resilience at local, national and international level, dependent on the quality of our foundation infrastructure and transport systems. . Focus Area 4: Attracting business, investment and talent – a targeted approach to attracting business, investors, skilled migrants and students . Focus Area 5: Education and workforce development to service regional economy needs – to grow skills and education base . Focus Area 6: Open for business – a can do attitude by councils to facilitate a business environment

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Focus Area 3 is of most relevance. The WRS explains that there are gains to be had from building world-class infrastructure and facilitating improved transport for the Region. This part of the WRS explains that there is a need to support regional infrastructure to, thereby support growth opportunities, including providing reliable road infrastructure. Previous sections of this assessment explain how the Project will increase the resilience and reliability of the road network. The Project forms part of the Wellington Northern Corridor RoNS and will, once completed, provide much enhanced access to Wellington International Airport (which has aspirations to further develop including plans in the Wellington Airport Master Plan (2010 – 2030)), the Regional Hospital and the southern and eastern communities of Wellington City. TR1 explains that the Project will deliver infrastructure that is much more resilient to earthquake and tsunami than existing. As outlined above in 32.7.2.1, TR17 explains that the Project will enable Wellington City residents and businesses to provide for their economic well being. Accordingly, the Project is consistent with and supports the aims of the WRS.

37.8 Natural Hazards

While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the statutory plans listed in TR18.

37.8.1 Wellington Regional Policy Statement

Objective 19 of the RPS seeks to reduce the risks and consequences to people, communities, their businesses, property and infrastructure from natural hazards and climate change effects. Policy 29 is about avoiding development in high risk locations. Policy 51 seeks to minimise risks and the consequences of natural hazards. Objective 21 aims to make communities more resilient to hazard events, and is supported by Policies 51 and 52 which seek to minimise risk and the consequences of hazards and minimise effects of hazard mitigation measures.

One of the NZTA’s objectives for the Project is to improve the resilience, efficiency and reliability of the State highway network. TR1 (also see Part G, Chapter 14: Geotechnical Hazards) explains that the Bridge is designed to a 1 in 2500 year seismic event. Road at ground level underneath the bridge is liable to liquefaction and so is more likely to require repair in order to provide thoroughfare. The bridge is more likely to be outside the effects zone of a tsunami event. Therefore, the Project will improve the resilience of this part of the road network in a way that will improve safety and travel reliability through the area. Having regard to geotechnical design and construction methods, it is concluded that the Project has reduced the risks and consequences from seismic events. This has been achieved as the proposed structure will be designed to perform in a 1:2500 year event. This reduces the risks and consequences to people, communities, businesses, property and infrastructure from natural hazards.

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In terms of a flood hazard, the area (as do all parts of Wellington) experiences heavy rain from time to time. Chapter 17 of this AEE outlines that the project will not increase the risk as the design approach is to ensure that the stormwater system can be appropriately engineered to provide sufficient capacity to meet Council standards. Overall, the Project will be consistent with the RPS objectives and policies for natural hazards.

37.8.2 Wellington City District Plan

The WCDP aims to reduce the risks associated with natural and technological hazards, and to manage environmental effects, while providing for necessary public works and infrastructure. In much the same manner as the RPS in the above section addresses the risks and consequences of natural hazards, the WCDP also seeks to reduce the impact of natural hazards on people and communities. As such, for the reasons contained above in section 32.9.1, the Project is also consistent with the WCDP objectives and policies relating to natural hazards and resilience.

37.8.3 Other Relevant Matters

There are no further matters relevant to the Project concerning natural hazards.

37.9 Freshwater

This section considers the provisions relevant to applications for: . land use consent for the excavation of bore holes that may intercept groundwater associated with the construction of bridge piles and ground improvement works; . discharge permit to discharge contaminants to groundwater associated with the construction of bridge piles and ground improvement works; . water permit for the taking and use of groundwater during excavation of bore holes associated with the construction of bridge piles; and . discharge permit to discharge potentially contaminated groundwater to land. Matters from the Statutory Plans which are, of relevance to the Project are also summarised in Chapter 7 of this AEE. While the following assessments make specific reference to some provisions of the Plan by name/number, regard has been had to all the relevant provisions of the Statutory Plans listed in TR18.

37.9.1 Wellington Regional Policy Statement

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The focus of RPS policy in relation to the Region’s freshwater ‘resource’, including rivers, lakes, wetlands and streams, is on managing the quantity and quality of fresh water to safeguard the life supporting capacity of water bodies, and meet the reasonably foreseeable needs of future generations (Objective 12). The Project does not propose any activities that will adversely affect the quality and quantity of freshwater nor the ecological values of any stream. The Waitangi Stream is highly modified having been undergrounded shortly after the 1853 earthquake to form part of the piped stormwater network serving Wellington. It is not appropriate to assess it as a stream or freshwater in the usual sense. The design of the Project and in particular, the proposed location of the bridge piles has avoided any effects to the alignment of the piped historic Waitangi Stream and therefore avoided effects to the ecological values associated with any habitat contained in the piped network. The Project has also considered the effects of construction on groundwater and of stormwater run-off (refer to Part G, Chapter 28: Stormwater). The Project will not result in any adverse effects on the quality nor quantity of water from any discharges from the Project. The potential for contaminants to discharge to groundwater is being managed through careful selection of construction methods, through management of water collected (during dewatering) and through ensuring that water is appropriately cleaned ahead of discharge to ground. These measures are all described in the Construction Environmental Management Plan (CEMP) provided in Volume 4 of these documents. Overall, the Project will avoid any effects on the quality and quantity of any freshwater resources.

37.9.2 Regional Freshwater Plan (RFWP)

Chapter 7 of this AEE provides further commentary on the status of this Plan and various matters contained within this Plan. The RFWP contains objectives and policies that apply to those activities requiring regional consents under sections 13, 14 and 15 of the RMA. Consents are required under this Plan for the Project to take water (dewatering) that is displaced as a consequence of piling activity and to discharge contaminants to ground water. It is noted that many of the objective and policy matters identified in the RFWP are consistent with and reflect those identified in the Regional Policy Statement which is assessed above.

37.9.2.1 Dewatering – taking water

The water quantity objectives and policies in Chapter 6 of the RFWP relate to taking, use, damming or diversion of fresh water and managing water abstraction and water takes, along with protecting lawful water users.

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Objective 6.1.2 refers to the need for people and communities to be able to take water whilst ensuring that such takes do not exceed safe yield values, do not affect any nearby bores and do not adversely affect water quality. Policy 6.2.4 states that permits to take water should avoid damaging the structural integrity of an aquifer and avoid contamination of an aquifer from external sources. The piling activity is described in TR20, Chapter 4 of the AEE (and in Appendix 1 to the CEMP). In broad terms, piling will entail firstly insertion of a hollow sleeve into ground which is then augered (or similar) to provide space for steel and reinforcing concrete. Bentonite is used to seal the pile from seepage. The depth of piles vary according to underlying ground conditions (see TR1 and TR20), but are anticipated to be generally between 15m and 35m in depth. They will therefore penetrate groundwater. Consequently, it is anticipated that dewatering will be required. There are 8 bridge piers in all, each of which will require multiple piles to be driven. Piling will be undertaken for each pier in sequence and so the overall level of dewatering anticipated on a daily basis across the site will be relatively low, up to 30 cubic litres a day. The effect of this volume of abstraction on the aquifer cannot be measured but the effects are considered to be less than minor. The CEMP provides methods for managing abstraction water collected and then managing its disposal. These methods represent standard practice on construction sites, and are consistent with GWRC guidelines for managing earthworks. Accordingly, the proposed methods will appropriately manage potential effects and so is consistent with objective 6.1.2 and policy 6.24.

37.9.2.2 Discharge of contaminants to groundwater

Objectives 5.1.1., 5.1.2 and 5.1.3 and the related policies relate directly to water quality and are consistent with the higher level themes in the RPS and RMA. Policies 5.2.7, 5.2.10 and 5.2.10A are to manage discharges and to avoid or to minimise potential effects on freshwater. Proposed works to strengthen the ground are required and these include piling, and also mixing concrete into the ground in columns up to 18m in depth via an auger to create reinforced columns. The potential for contaminants from piling to enter ground water is low, and the potential effects are also minor. The piling method has been specifically designed relevant to the ground conditions encountered within the Project Area. The rate of seepage of ground water will be low and the concrete mixed into the ground will initially absorb water and then will harden. Residual materials that are picked up by groundwater seepage will rapidly be filtered or absorbed by the surrounding earth (generally within 1m of the activity). The scale of work will not unduly affect groundwater flows, with groundwater generally passing around columns of strengthened material. Accordingly, the potential effects from the proposed works are minor and are consistent with Objectives 5.1.1., 5.1.2 and 5.1.3., and Policies 5.2.7, 5.2.10 and 5.2.10A.

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37.9.3 Discharge to Land Plan

The Discharges to Land Plan is relevant to the application to discharge potential contaminants in water that has been collected from dewatering associated with piling and ground strengthening works to ground. The proposal has been assessed against all the objectives and policies in the Plan, and Policies 4.2.19 and 4.2.21 are particularly relevant. Objective 4.1.5 is the most relevant and it seeks to avoid, remedy or mitigate environmental effects of discharges of liquid contaminants from point sources into or onto land. Having regard to this objective and the related relevant policies the following assessment is made: . in accordance with Policy 4.2.21 an assessment of the groundwater (levels and pressure) has been undertaken and assessed against the proposed construction method. The potential for contaminants to enter groundwater has been assessed. Cultural assessments have been undertaken; and . further ground investigations will be undertaken prior to the commencement of construction in order to accurately address and determine actual and potential contamination effects. This flexible approach, which allows tailoring the solution to the specifics of the situation, is entirely consistent with the approach in the Plan (Policy 4.2.25 and also Policy 4.2.34).

The construction methodology provides a range of methods to manage potential effects of discharges. TR20 confirms that the amount of water collected is likely to be low and that water is unlikely to be contaminated. TR20 notes that the methods proposed in the CEMP provide suitable methods for cleaning water that is affected by pile construction activity to enable it to be safely discharged to ground, or to dispose the water off-site so as to avoid the potential for any effect. In any event the volumes of water that might be affected by construction contaminants generated by the Project are very low. Accordingly, the Project is in accordance with Policy 4.2.21 which is to give particular consideration to the effects of discharges to land and Objective 4.1.5.

37.10 Contaminated Land (Land Use Consent)

This section only considers the provisions of the NES. The provisions of the WCDP and the RPS do not apply.

37.10.1 National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health (NES CSHH)

The NES CSHH provides a mix of permitted activities and resource consent requirements for certain activities on land affected or potentially affected by contaminants in soil. The

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assessment of contaminated land effects (TR7: Assessment of Contaminated Land Effects and Part G of the AEE) has had regard to the relevant standards in the NES. Of relevance are Regulation 5, Regulation 6, Regulation 8 (2), and Regulation 11. Regulation 5 sets out the type of activities that trigger the requirements of the NES CSHH. Project activities relating to the NES are: . soil sampling to determine whether a site is contaminated or not (Regulation 5(3)); and . disturbance of land identified as a Hazardous Activities and Industries List (HAIL) piece of land (Regulation 5(4) and 5(7)). Regulation 6 identifies two acceptable methods for establishing whether or not a site is a HAIL site. A Phase 1 Preliminary Site investigation has been undertaken and included a title and registry search of the Greater Wellington Selected Land Use Register (SLUR) and associated files to determine whether any sites within the Project Area have potential hazardous and industrial activities (HAIL) recorded against them. The assessment determined that while there are no registered SLUR sites in the Project Area, there are four sites with potential contamination from previous hazardous and industrial activities. As historic activities on each of the four sites are listed on the Hazardous Activities and Industries List (HAIL) the NES Regulations apply to these pieces of land. HAIL pieces of land where the Project will be carrying out land disturbance works during construction are: . 2 Buckle Street (in close proximity to the boundary of an historic timber yard of the 1800s); . 1-7 Dufferin Street (used as laydown area for Mount Victoria Tunnel works) . 28 Ellice Street (age of building and likelihood of lead paint); and . Grass verge at the intersection of Kent/Cambridge Terrace/Basin Reserve (continual exposure to vehicle emissions and historic use of lead base fuels). Regulation 8(2) determines that soil sampling can be undertaken under certain conditions. The Project is able to meet the conditions for any soil sampling undertaken at the four identified HAIL sites above. It is noted that the levels of contamination within the Project Area are expected to be of relatively low risk to human health. Controlled and appropriate management of any contaminants will be carried out in accordance with the Contaminated Land Management Plan (CLMP in Volume 4: Management Plans).

37.10.2 Other Relevant Matters

There are no further relevant matters for contaminated land.

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37.11 Assessment against s.171 (1)

Section 171(1) of the Act outlines: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2, consider the effects on the environment of allowing the requirement, having particular regard to— (a) any relevant provisions of— (i) a national policy statement: (ii) a coastal policy statement: (iii) a regional policy statement or proposed regional policy statement: (iv) a plan or proposed plan; and (b) whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if— (i) the requiring authority does not have an interest in the land sufficient for undertaking the work; or

(ii) it is likely that the work will have a significant adverse effect on the environment; and (c) whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and (d) any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement.

S171(1)(a) In terms of s 171(1)(a) the previous parts of this Chapter consider the Project in the context of the relevant provisions of Policies and Plans. It has been assessed that the Project either meets or is not contrary to the relevant provisions of the RPS and the WCDP. S171(1)(b) S171(1)(b) outlines whether adequate consideration has been given to alternative sites, routes and methods of undertaking the work. TR19 and Chapter 5 of this AEE outline the long process of evaluating over 70 options and alternatives for improving transportation safety and efficiency for all modes of traffic at the Basin Reserve. Based upon this evaluation, (that considered options dating back to 2001, and ended with a 2013 review of alternatives by WCC), it can be concluded that the consideration has been very considerably more than adequate. The alternatives that were considered for the Basin Reserve Project were assessed utilising measures derived from a number of different perspectives including urban design, social issues, design issues and transportation effectiveness. S171(1)(c)

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Section 171(1)(c) requires an evaluation of whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought. The following are the Project objectives which are considered in turn: Objective . to improve the resilience, efficiency and reliability of the State highway network: . by providing relief from congestion on SH1 between Paterson Street and Tory Street; . by improving the safety for traffic and persons using this part of the SH1 corridor; and, . by increasing the capacity of the State highway corridor between Paterson Street and Tory Street. TR4 and Chapter 13 of the AEE demonstrate that the Project will improve the efficiency, capacity and reliability of the State highway network. The Project will improve safety for traffic and persons using the SH corridor and will also increase its capacity. TR1 and Part G of the AEE demonstrate that the Project will improve the seismic performance of this part of the network and contribute towards the network as a whole overall. Therefore, the Project will improve the resilience, efficiency and reliability of the State highway network.

Objective . to support regional economic growth and productivity: . by contributing to the enhanced movement of people and freight through Wellington City; and, . by in particular improving access to Wellington’s CBD, employment centres, airport and hospital. TR17 and Part G of the AEE demonstrate that the improvements in the efficiency and reliability of the State highway network and consequent improvements in the local road network will support the growth and productivity of Wellington City and of the Region. TR4, TR9, TR12, TR14 demonstrates that the Project will enhance movement of people and freight, and that improvements to the local road and State highway network will improve access to the CBD, airport, hospital and employment centres for all modes of traffic. Therefore, the Project has been assessed as supporting regional economic growth and productivity Objective . to support mobility and modal choices within Wellington City: . by providing opportunities for improved public transport, cycling and walking; and, . by not constraining opportunities for future transport developments. TR4, TR9, TR12, TR14 and Part G of the AEE demonstrate that the Project will provide new pedestrian and cycling connections and existing ones through the Project Area will be improved. The Project will provide additional bus lanes and improve public transport journey time reliability. The design of the Project has been shared with GWRC and WCC and the team leading the PTSS, and it is concluded that the Project will not constrain known realistic future transport development options. The Project is required in order to enable

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those future transport development options to occur. Therefore, the Project will support mobility and modal choices within Wellington City. Objective . to facilitate improvements to the local road transport network in Wellington City in the vicinity of the Basin Reserve. TR4 and Part G of the AEE demonstrate that the Project will improve the efficiency of the road transport network by separating westbound State highway traffic flows from local traffic in the vicinity of the Basin Reserve. The Project will improve intersections at Taranaki Street, Vivian Street and Pirie Street, and Rugby Street / Adelaide Road while there will be improvements to accessibility to Government House, Wellington College and St Marks School. Therefore, the Project will facilitate improvements to the local road transport network in Wellington City in the vicinity of the Basin Reserve. S171(1)(d) Under s.171(1)(d), when considering a NoR, regard can be had to “any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement”. In the context of an assessment of the Project an “any other matter” could reasonably be what is widely referred to as the concept of the ‘permitted baseline’.[1] Other matters may emerge for consideration during the process. The work includes proposed mitigation that is reasonably necessary for the realisation of the Project.

37.12 Assessment of Part 2 Matters

Section 104(1)(b) of the RMA sets out the planning documents that decision-makers are required to have regard to when considering an application for resource consent and any submissions received.

Similarly, section 171(1)(a) of the RMA sets out the matters that decision-makers must have particular regard to when considering a NoR and any submissions received. Any such consideration is, however, subject to Part 2 of the RMA which sets out the purpose and principles of the RMA. The purpose of the RMA as expressed in section 5 is to promote the sustainable management of natural and physical resources, with ‘sustainable management’ defined in section 5(2) as: In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while— (a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

[1] Refer RMA section 104(2)

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(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Part 2 provides further direction on the matters of national importance (section 6), other matters (section 7) and the principles of the Treaty of Waitangi (section 8) which need to considered and responded to. The promotion of sustainable management often requires a balance to be reached between competing resource values and the benefits and adverse effects associated with a proposal, recognising that development, particularly of large-scale projects, will bring about adverse effects. Furthermore, the designation of a public work involves careful consideration of the balance to be struck between the regional or national benefits that might accrue from the Project and the more localised effects that the Project (and its activities) might have on the environment, including on people, communities, and natural resources and values. At a local level part of the overall balancing involves assessing positive effects alongside negative effects. As Williamson J stated in the High Court: “ … to ignore real benefits that an activity for which consent is sought would bring necessarily produces an artificial and unbalanced picture of the real effect of the activity”. 28 In terms of section 5 of the RMA, the construction of this component of the Wellington RoNS will enable the Region’s people and communities to provide for their social, economic and cultural wellbeing and for their health and safety, by: . providing for the economic growth of the Region by improving accessibility and connectivity, particularly between economic centres across the Region by providing greater efficiency of the State highway network through reducing congestion – consistent with the NZTA’s project objectives; . providing significant community, social and transport benefits including:

. reduced severe traffic congestion, shorter journey time and improved journey time reliability; . improved resilience and enhanced safety in the transport network; . new and improved walking and cycling network; . improved public transport network, and providing opportunity for future improvements to occur; . significant improvements to the walking and cycling network, and associated improvements to open space; . extending the National War Memorial Park; . the provision of new facilities within the Basin Reserve that further facilitate the use as an international cricket venue; and . health and safety benefits through reduced incidence of crashes both on the new route, and on the existing routes that would become future local roads, through reduced traffic flows;

28 Elderslie Park Limited v District Council CP1/94, Williamson J

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. assisting to enable the future growth of the City in a compact manner that is able to be better served by public transport; . achieving improved reliability for freight movements and resulting economic benefits; and . completing a portion of the Wellington Northern Corridor – at a strategic location within Wellington City and addressing existing congestion problems for both SH1 and local roads. At the local (city) level, the Project will address existing congestion problems both for SH1 and local roads. The completion of the Project is consistent with the RLTS, and is therefore one component of the strategic land transport solution for the Region’s economic prosperity and sustainable growth. In balancing these considerations with the matters in section 5(2) (a) through to (c) of the RMA, the following conclusions are derived from the planning assessment contained in preceding sections of this Chapter: . in terms of sustaining the potential of natural and physical resources for future generations, the Project is intended to meet the growing transportation needs of the Region and does not preclude future opportunities for other transport development, particularly for public transport improvements; . the Project will safeguard the life-supporting capacity:

. of air, by reducing congestion and improving air quality at a local level; . of water, the Project will avoid effects on freshwater, and there will be wider long-term benefits arising from the proposed wetland planting and rainwater gardens proposed for the treatment of stormwater discharges from SH1; . of soils, by the management of construction works (to control erosion and land disturbance) and remediation of sites of land contamination; . of ecosystems, by avoiding any adverse effects on ecological values of the area, including freshwater (the now piped Waitangi Stream) and by providing and improving over 1ha of landscaped open space; and . of people and communities, by managing actual and potential adverse effects both during construction and operation, and by having significant positive effects on the transport network and existing environment. The Project will have localised adverse amenity effects on some residential properties on Ellice Street, but these cannot be mitigated further or avoided given the scale and location of the Bridge structure than has been provided. There are also amenity effects on pedestrians and cyclists although these changes are temporary as users will move through this part of the Project Area, which like today is a transition space. These effects are moderated by an improvement in some aspects of the environment relative to these properties. Overall these localised adverse effects are outweighed by the positive urban design and amenity effects of the Project at a local level, as well as strategic city wide level.

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The Project largely avoids, remedies and mitigates adverse effects on the environment, including through identification of mitigation measures and conditions for the consent applications and designations (refer Part H in Volume 2 of the AEE). The Project recognises and provides for the matters within section 6 of the RMA, particularly in the following respects: . s.6 (a) “the preservation of the natural character (including the coastal marine area); wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development’. The Project does not propose to alter the character of the coastal environment, or any wetland, lake or river. The location of the bridge piles and associated works avoids the highly modified and now piped Waitangi Stream; . s.6(b) “the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development”. The Project does not impact on any outstanding natural feature or landscape. . s.6(c) “the protection of areas of significant indigenous vegetation and significant habitats of indigenous flora”. The Project will not impact on any areas of significant indigenous vegetation or flora. The indigenous biodiversity of the Project Area will be enhanced through new plantings in over 1ha of new and improved open space and are reflective of the historic landscape of the area; . s.6(d) “the maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers”. This matter is not applicable. . s.6(e) “the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga”. The relationship of M ori and their culture and traditions with their ancestral lands, water, sites, and other taonga has been fully taken into account in the design process for the Project, and in the design of mitigation measures which occurred in consultation with the Wellington Tenths Trust/Port Nicholson Block Settlement Trust and Te Runanga o Toa Rangatira. . s.6(f) “the protection of historic heritage from inappropriate subdivision, use and development”. This matter has been a key consideration for the Project. The proposed features, structures, access, and buildings have all been carefully considered, bearing in mind the historic use of the area and what exists today. In acknowledging that the Basin Reserve area has historically anticipated a roading corridor in this environment, undergone a history of change and development as the City has grown, and could benefit from the enhancement of amenity in the area, the Project does not constitute an inappropriate development. This is evident through such measures as the mitigation proposed. These include a quality architectural design for the bridge, new buildings which includes a new facility within the Basin Reserve (that will complement

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and help secure the future continued use of the Basin Reserve as an international cricket venue), and landscape architectural elements that deliver an enhanced landscape in accordance with design principles for the Project that relate back to the NZ Urban Design Protocol. The protection of historic heritage is also relevant to the discovery of archaeological resources and remnants during construction. Separate Historic Places Authorities have been sought to manage the handling of any archaeological findings in accordance with the provisions of the Historic Places Act. . s.6(g) “the protection of recognised customary activities”. The Project does not impact on any recognised customary activities. The Project has also had particular regard to and has appropriately responded to the matters in sections 7 and 8 of the RMA. While not exhaustive, the following are considered particularly relevant: . s.7(a) “kaitiakitanga”. The kaitiakitanga of tangata whenua has been recognised in seeking specific cultural impact statements from Wellington Tenths Trust/Port Nicholson Block Settlement Trust and Te R nanga o Toa Rangatira. This process has recognised the principles of the Treaty of Waitangi (the partnership between Iwi and the NZTA as a Crown agency, and the retention by M ori of rangatiratanga over their resources and taonga in particular). . s.7(aa) “ the ethic of stewardship”. The ethic of stewardship has been recognised through: . engagement with and participation of tangata whenua in workshops and other specialists early in the Project’s development process; and . engagement with community groups who have specific interest in and who have exercised stewardship over particular resources; including the Basin Reserve Trust in relation to the on-going management of the Basin Reserve as an international cricket venue. . s.7(b) “the efficient use and development of natural and physical resources”. The Project will improve the efficient use of the State Highway network as a physical resource and improve the use and function of the wider network. These improvements enable the future densification of the City and improve existing public transport, cycling and walking networks and enables future planned improvements to the public transport network (foreshadowed by the PTSS). The Project fits in with a package of improvements planned for the transport network in Wellington City that are being constructed, progressed and advanced by WCC, GWRC and NZTA, and with the NWM Park by MCH. The Project is required to assist with the delivery of the urban intensification and growth envisaged by WCC in its UDS in its southern and eastern communities. This Project therefore represents an efficient use of the infrastructure resource. . s.7(c) “the maintenance and enhancement of amenity values”. The Project will result in an enhancement of amenity values associated with the areas of existing and new open space(s) particularly on Dufferin Street and within the new

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open space on the corner of Buckle Street and Cambridge Terrace. There are also improvements to the noise and air quality environment on roads around the southern, western and eastern boundary to the Basin Reserve, as there will be reduced levels of traffic on these roads and also improved general improvements to streetscape (except on Sussex Street). However, it is acknowledged that the bridge will result in a significant change in the townscape (i.e. the ‘existing environment’) of this part of the City, and that the introduction of a major new piece of transport infrastructure will result in adverse amenity effects. These amenity effects are very localised and notably does not affect the outdoor amenity space of residential properties. . s.7(d) “intrinsic values of ecosystems”. The selection of grade-separation design for the proposed Project avoids effects on the piped Waitangi Stream within the Project Area, thereby avoiding effects of the Project on freshwater ecosystem values. The proposal will enhance existing and provide new open space of just over 1ha that will be extensively planted and will provide a landscape corridor that links NWM Park with the Basin Reserve and beyond to the Mount Victoria town belt. This new landscape will be of some benefit to the local ecosystem. . s.7(f) maintenance and enhancement of the quality of the environment”. The visual and urban design effects of the Project have been highly scrutinised and the proposed mitigation package has focused on integrating the Project into its surroundings, bearing in mind the natural topography of the underlying ground and the urban form of the surrounding City. The proposed transport infrastructure and significant proposed package of landscaping, architectural, and urban design treatments, will result in a better, more positive urban environment, notwithstanding an adverse effect on visual amenities (refer s.7(c) above). . s.8 “Treaty of Waitangi”. The Project has taken into account the principles of the Treaty of Waitangi through early and on-going consultation, engagement, and partnership with tangata whenua, including the request for tangata whenua to prepare cultural impact assessments of the Project. Overall, when the benefits of the Project are considered alongside the proposed measures to avoid, remedy and mitigate the associated adverse effects, the Project will promote sustainable management of natural and physical resources and is consistent with the purpose and principles of the RMA. As a result, and notwithstanding change in the townscape and consequent adverse visual amenity effects, especially for some residential occupiers in close proximity to the Bridge, it is considered that the purpose of the RMA will be achieved by confirming the NoRs and granting the resource consents sought.

37.13 Conclusion

The Basin Bridge Project is a strategic component of the Wellington Airport to Levin Road of National Significance (RoNS). There are no realistic alternatives to this part of the network

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that would also be compatible with the transport and land use aspirations contained within strategic documents for Wellington City. If the City is to accommodate further employment and residential growth in the southern and eastern communities in the manner planned by WCC (and wanted by GWRC) then this Project is needed. The statutory assessment that has been undertaken and reported on in this Chapter has concluded that the Project is consistent with the relevant objectives and policies of the applicable national, regional and district-level statutory documents. The Project will promote the sustainable management of natural and physical resources and is consistent with the purpose and principles of the RMA. Nevertheless, the Project will result in some adverse effects, particularly in relation to urban design, townscape and visual amenity. These effects are localised and are a consequence of significant investment and step change in infrastructure; that is good design, cognisant of context combined with an extensive mitigation package to integrate the Project into the urban environment in the best practicable manner. The work includes proposed mitigation which the applicant considers to be reasonably necessary for the realisation of the Project. With regard to the Northern Gateway Building, the “envelope” approach provides the necessary scope for the consent authority to determine the form of structure appropriate in all the circumstances. The Basin Reserve Trust (as the body responsible for the management and administration of the ground), favours the 65m long Northern Gateway Building. Expert opinion to date suggests that a 55m long structure may better reflect the objectives and policies of the plans and Part 2 of the Act. In principle, the NZTA supports the aspirations of the landowner provided that when all of the evidence is heard, the Consent Authority in its overall judgment agrees. Ultimately it is a matter of fact for the decision-maker. However, this AEE assesses the effects of the various structures considered. The Project will result in significant positive effects, particularly in relation to transportation which is the ‘essential’ purpose of the Project. There will also be some positive effects associated with the very significant repair of much of the existing urban fabric at ground level, comprising enhanced open spaces and associated landscaping and new buildings that complement Basin Reserve Square and secure the future of the Basin Reserve.

Throughout the Project’s development close attention has been paid to assessing alternatives as required by s171(1)(b) of the Act. Comprehensive (draft) construction management plans have been developed, as has a comprehensive suite of recommended consent conditions which set the framework and key environmental parameters in which the management plans operate. The draft management plans provide the scope for further refinement of methodologies to better respond to identified issues and sensitive receptors. As has been previously established: The idea of mitigation is to lessen the rigour or the severity of effects. We have concluded that the inclusion of the word in s.5(2)(c) of the Act, contemplates that some adverse effects from developments such as those we have now ascertained may

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be considered acceptable, no matter what attributes the site might have. To what extent the adverse effects are acceptable, is however, a question of fact and degree”. 29 The overall conclusion is that in relation to ‘adverse effects on the environment’ the Project has effectively responded to s.5(2)(c) in relation to avoiding, remedying and mitigating adverse effects. Where there remain some adverse effects post-mitigation, for example in relation to townscape and visual amenity, those effects are acceptable. The Basin Bridge Project will deliver significant city-wide and regional transportation benefits, notwithstanding the specific adverse effects at the local level. It will also have positive effects at the local level. Because of all of the matters set out above and in preceding chapters of the AEE, it is considered that the statutory assessment of this project meets the purposes and principles of Part 2 of the Act. Therefore, it is requested that the NoR be confirmed and that associated resource consents sought for the Project be granted subject to conditions stipulated in chapter 34 of this AEE.

29 Trio Holdings v Marlborough District Council, W103/96, p37

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