New Zealand Transport Agency & New Zealand Railways Corporation / KiwiRail Holdings Limited Peka Peka to North Otaki Expressway Project Designation and Resource Consents Section 42A Report First Edition1 September 2013 1 First Edition Report has been prepared prior to the receipt of the NZTA / KiwiRail rebuttal evidence and the completion of witness conferencing. i TABLE OF CONTENTS Page 1. INTRODUCTION ................................................................................................................... 1 1.1 OVERVIEW OF THE PROPOSAL ................................................................................. 1 1.2 PROJECT OF NATIONAL IMPORTANCE AND THE MINISTER’S DIRECTION.......... 2 1.3 THE APPLICATIONS .................................................................................................... 2 1.4 PURPOSE OF THIS REPORT ...................................................................................... 3 2. SUMMARY OF ENVIRONMENTAL EFFECTS .................................................................... 5 2.1 TRAFFIC AND TRANSPORT ........................................................................................ 6 2.2 LIGHTING EFFECTS .................................................................................................. 10 2.3 NOISE AND VIBRATION ............................................................................................. 11 2.4 AIR QUALITY EFFECTS ............................................................................................. 15 2.5 EFFECTS ON ARCHAEOLOGY AND BUILT HERITAGE .......................................... 17 2.6 EFFECTS ON TANGATA WHENUA VALUES ............................................................ 19 2.7 EFFECTS ON NETWORK UTILITIES ......................................................................... 21 2.8 EFFECTS ON URBAN FORM AND FUNCTION ......................................................... 22 2.9 LANDSCAPE, VISUAL AND NATURAL CHARACTER VALUES ............................... 24 2.10 ECONOMIC EFFECTS ............................................................................................... 26 2.11 SOCIAL EFFECTS ...................................................................................................... 28 2.12 TERRESTRIAL ECOLOGY ......................................................................................... 30 2.13 EFFECTS ON FRESHWATER ECOLOGY AND WATER QUALITY .......................... 34 2.14 STORMWATER AND HYDROLOGY EFFECTS ......................................................... 37 2.15 GROUNDWATER EFFECTS ...................................................................................... 42 2.16 GROUND SETTLEMENT (GEOTECHNICAL) EFFECTS ........................................... 44 2.17 EFFECTS OF LAND AND GROUNDWATER CONTAMINATION .............................. 45 3. ASSESSMENT OF CONDITIONS ...................................................................................... 46 3.1 CONDITIONS REVIEW ............................................................................................... 46 4. STATUTORY EVALUATION .............................................................................................. 49 4.1 RESOURCE MANAGEMENT ACT 1991..................................................................... 49 4.2 CONSENTS SOUGHT AND ACTIVITY STATUS ........................................................ 50 4.3 RELEVANT STATUTORY DOCUMENTS ................................................................... 51 4.4 RELEVANT OTHER MATTERS .................................................................................. 73 4.5 ALTERNATIVES .......................................................................................................... 74 4.6 OBJECTIVES OF THE REQUIRING AUTHORITY ..................................................... 75 4.7 SECTIONS 105 & 107 ................................................................................................. 76 4.8 PART 2 ........................................................................................................................ 77 LIST OF APPENDICES APPENDIX A Summary of Project Experience 1. INTRODUCTION 1.1 OVERVIEW OF THE PROPOSAL 1.1.1 The New Zealand Transport Agency (“NZTA”), in conjunction with the New Zealand Railways Corporation / KiwiRail Holdings Limited (“KiwiRail”), has lodged Notices of Requirement (“NoR”) and resource consent applications to enable the construction, operation and maintenance of an expressway between Peka Peka and North Otaki (the “Project” or the “Expressway”) on the Kapiti Coast under the Resource Management Act 1991 (“RMA”). 1.1.2 The Project is described in detail in the Assessment of Environment Effects (“AEE”) prepared by the NZTA / KiwiRail and dated 18 March 2013. The main components of the Project are summarised as follows: A 13 km Expressway with four lanes (two in each direction) and a continuous median separation, totalling approximately 26 m in width and designed to the NZTA’s expressway standards; A new section of arterial road near Mary Crest that is approximately 10.6 m wide; The realignment of a section of the North Island Main Trunk Railway (“NIMT”) through Otaki in order to accommodate the Expressway; and Ten bridge structures for the purpose of crossing the Otaki River, Waitohu Stream, NIMT, and the maintenance of local road connections over the Expressway. 1.1.3 The Project forms part of the Wellington Northern Corridor (Levin to Wellington Airport), which is one of seven roads identified by the NZTA as Roads of National Significance (“RoNS”). The NZTA / KiwiRail lodged the NoR and resource consent applications with the Environmental Protection Authority (“EPA”) on 18 March 2013. 2 1.2 PROJECT OF NATIONAL IMPORTANCE AND THE MINISTER’S DIRECTION 1.2.1 On 3 April 2013 the Minister for the Environment confirmed that the NoR and resource consent applications lodged by the NZTA / KiwiRail form part of a proposal of national significance. As such, the Minister directed that the NoR and resource consent applications be referred to a Board of Inquiry (“Board”) for determination. 1.3 THE APPLICATIONS 1.3.1 To provide for the construction, operation and maintenance of the Project the NZTA has filed a NoR and sought 49 resource consents. The NoR is located within the jurisdiction of the Kapiti Coast District Council (“KCDC”). The resource consent applications relate to works controlled by the various statutory planning documents administered by the Greater Wellington Regional Council (“GWRC”). The resource consent applications are for a variety of land use consents, discharge and water permits. 1.3.2 In addition, KiwiRail has filed a NoR for the realignment of a section of the NIMT through Otaki. This NoR is also located within the jurisdiction of the KCDC. No resource consents are being sought by KiwiRail as part of this Project. 1.3.3 In our opinion, the information provided by the NZTA / KiwiRail in the AEE is sufficiently detailed to understand the background to, and the need for, the Expressway. Further detail is also provided in the evidence that has been submitted on behalf of the NZTA / KiwiRail2. 1.3.4 The evidence of Mr James on behalf of the NZTA explains the need for, and objectives of, the Project3. Mr James also sets out the historical planning that has occurred with respect to the Project. In this regard, planning for the Project has spanned a period of at least 50 years. It is evident that since the 1950’s there has been a plan for a proposed road of some description (or expansion) along the general alignment of the Expressway. 2 Evidence of R James (12 July 2013) and S Blackmore (12 July 2013). 3 Evidence of R James (12 July 2013) – Paragraphs 56 to 58. 3 1.3.5 The evidence of Ms Butler on behalf of KiwiRail4 advises that part of the operational NIMT (1.2km) needs to be realigned to accommodate the Project through the town of Otaki. 1.3.6 The Wellington Northern Corridor (Wellington to Levin) was announced by the Government as being a RoNS in 2009. Mr James states in his evidence that community consultation on this Project commenced in 2009 in conjunction with the consultation efforts related to the MacKays to Peka Peka Expressway5. 1.3.7 The NZTA stated its preference for a central route that follows the existing alignment of State Highway 1 in December 2009 (subject to further design refinements). 1.3.8 We understand that the need for the Project stems from the significant issues currently faced by State Highway 1 through the Kapiti Coast District. The evidence of Mr James notes6 that the Project will ameliorate issues related to safety, congestion / travel times, route security, amenity and social effects, and a growing population. Mr James also identifies7 the NZTA’s key objectives for the Project - which include enhancing economic growth, enhancing efficiency and journey time reliability, and ensuring the environmental impacts of the Project are suitably avoided, remedied or mitigated through route design and the conditions attached to any designation or resource consents issued. We return to these objectives later in this report. 1.4 PURPOSE OF THIS REPORT 1.4.1 This report has been prepared in accordance with section 42A of the RMA. Section 42A(1) provides for a council officer or consultant to prepare a report on relevant information provided by the applicant or any person who made a submission on any matter described in section 39(1), and allows the decision- maker to consider the report at the hearing. In addition,