BAY OF ISLANDS PLANNING LIMITED PO Box 795 Kerikeri Phone [ 09 ] 4075253 ; Email – [email protected] District Services Department Far North District Council John Butler Centre Kerikeri Attention: Ms Liz Jolly. 16 October 2020. Dear Liz, Re; Far North Holdings Limited, Disposal of clean fill, State Highway 11 , Opua. Our client has recently lodged an application to vary certain conditions as it relates to the depositing of material on their land in Opua. The land gaining access of State Highway 11. The application is being processed under RC 2190300-RMAVAR/A. In addition, the application included varying conditions within RC 2170036. Since lodging the application our client has been in discussion with NZTA and an alternative process has been established. This involves placing the current variation application on hold and then withdrawing that variation upon determination of this application. This new application seeks a new consent for the limited amount of clean material being disposed and at the same time upgrading the existing crossing point. Implementation of a TMP will be retained for this limited disposal activity. In summary the new application retains all of the existing conditions of consent including the creation of a new access point , but allows the upgrading of the existing crossing point for the initial depositing activity. Please now find attached the applicable resource consent application. Do not hesitate to contact me should you require any further information. Yours faithfully, Jeff Kemp. FNHL Land Fill Opua RC 2190300 New RC Existing Access October 2020 Form 9 APPLICATION FOR RESOURCE CONSENT Section 88, Resource Management Act 1991 To the Far North District Council: We, Far North Holdings Limited, PO Box 7, Opua, apply for the following type of resource consent: Land Use The activities to which the application relates are as follows: The application seeks approval to undertake the following – Placement of an estimated 8,000m3 of spoil / surplus fill from earthworks and clean fill sourced from activities authorised under RC 2180514-RMACOM; Generation of traffic movements associated with the earthworks operation. The site at which the proposed activity is to occur is as follows: The property is located on the western side of Paihia Road [State Highway 11] south of Opua. It has the legal description Lot 12 DP 200225 Blk V Russell contained in CT NA 126B/910 and is 4.5572 hectares in area. [Copy provided in Appendix A of Planning Report] Consent from the Northland Regional Council is also required in respect of land disturbance activities, discharge and water permits and disturbance of a wetland and these have been approved. We attach an assessment of the proposed activity’s effect on the environment that – (a) includes the information required by clause 6 of Schedule 4 of the Resource Management Act 1991; and (b) addresses the matters specified in clause 7 Schedule 4 of the Resource Management Act 1991; and (c) includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. Refer to attached Planning Report We attach an assessment of the proposed activity against the matters set out in Part 2 of the Resource Management Act 1991. Refer to attached Planning Report We attach an assessment of the proposed activity against any relevant provisions of a document referred to in section 104(1)(b) of the Resource Management Act 1991, including the information required by clause 2(2) of Schedule 4 of that Act. Refer to attached Planning Report FNHL Land Fill Opua RC 2190300 New RC Existing Access October 2020 We attach the following further information required to be included in this application by the district plan, the Resource Management Act 1991, or any regulations made under that Act. Supporting information already held by Council in respect of the prior application is also listed within the Planning Report and should be taken into account. These are the supporting documents issued under RC 2190300 - Document Prepared by: Planning Report, including Assessment of Environmental Bay of Islands Planning Effects Limited Assessment of Ecological Effects of the Proposed Landfill at NZ Environmental State Highway 11 [Paihia Road], Opua Stormwater, Sediment and Erosion Control Report dated 10 Northern Civil Consultant March 2007; Engineers Limited SH11 Paihia Road Sediment and Erosion Management Plan dated 26 June 2007; Plans [Reference 1311, Sheets 2, 3 and 5]: • Finished Ground Contour Plan; • Design Sediment Control Plan; • Sediment Pond Typical Details. Hearing Evidence of Steve Gibson Traffic Report Northern Civil Consultant Engineers Limited Lot 12 DP 200225 and Railway reclamation, Paihia Road, Opua: Clough and Associates Archaeological Assessment Limited ............................................ Date: 14 October 2020 Jeff Kemp Director Bay of Islands Planning Limited authorised to sign on behalf of Far North Holdings Limited Address for service: Bay of Islands Planning Limited, PO Box 795, Kerikeri 0245 Telephone: (09) 4075253 email: [email protected] FNHL Land Fill Opua RC 2190300 New RC Existing Access October 2020 Resource Consent Application USE OF EXISTING ACCESS FOR DISPOSAL OF FILL MATERIAL. 1.0 INTRODUCTION 1.1 Our client holds a resource consent for the placement of up to 45,000m3 of dredging spoil, surplus fill from earthworks and clean fill on the land together with associated discharge of stormwater, diversion of drains, flood water and stormwater associated with those activities, and traffic movements. 1.2 The purpose of the original consents was to provide a site to facilitate land based disposal of dredging spoil originating from various maritime activities undertaken by the applicant, the major one being a proposal for extensive improvements to the waterfront facilities at Paihia. That project was put on hold as a result of economic circumstances however is now subject to PGF and is being re programmed into the applicant’s development portfolio. 1.3 Within this intervening period our client has received approval to undertake a residential subdivision and associated land use consent to construct residences on these new sites. This is located within Opua. Implementation of this subdivision and land use approval is moving very quickly and will be well ahead of the Paihia waterfront development. 1.4 The existing approval for the land deposition includes a large number of conditions including the relocation and construction of a new access point onto State Highway 11. The existing approval relative to the new relocated access accommodated intermittent traffic movements onto the site within the prescribed conditions of consent. The situation as it now stands is that the amount of material to be deposited is known and the fill activity would be undertaken within a fixed period. 1.5 While the current variation application sought to vary certain conditions of a resource consent in a manner which allows the use of an existing vehicle crossing to undertake the depositing of material it is proposed to attain the same result through a new consent approval. 1.6 The purpose of this application is therefore to allow – the depositing of material [ 8000m3 ] from the site associated with implementation of RC 2180514 ; upgrading the existing crossing point to Diagram C standard ; implementation of a TMP as approved by NZTA ; and completing the depositing activity within 6 months. 2.0 SITE AND LOCALITY DESCRIPTION 2.1 The site and locality are detailed within the original application documents. The applicant has not given effect to the approval. Detail of the existing access arrangements is contained with the NCC Traffic Report – Access Proposal September 2020. 3.0 DESCRIPTION OF THE ACTIVITY 3.1 Our client seeks to effectively give effect, in part, to RC 2190300 as it relates to depositing material on the application site. The application seeks approval for – the depositing of material [ 8000m3 ] from the site associated with implementation of RC 2180514 ; upgrading the existing crossing point to Diagram C standard ; implementation of a TMP as approved by NZTA ; and FNHL Land Fill Opua RC 2190300 New RC Existing Access October 2020 completing the depositing activity within 6 months of the earthworks commencing and being required to be removed from the applicants site as authorised under RC 2180514 and variations thereto. 3.2 The existing access onto the State Highway would be upgraded in a manner described in the attached report prepared by NCC Engineering. In addition the applicant would be required to implement an approved TMP authorised by NZTA at the time of depositing the fill material. In all other respects the underlying conditions applied to RC 2190300 would remain to the extent they would be applicable to the depositing of the material sought within this application. 4.0 APPLICATION STATUS 4.1 The application draws from the underlaying approval which are reproduced and updated as necessary. 4.2 The site is within the Coastal Living Zone of the Far North District Plan but is not subject to any resource classifications relating to special values or features. The purpose of the zone is to provide an area of transition between residential settlements on the coast and the General Coastal Zone and applies to areas “having an ability to absorb further low density, mainly rural residential development”. Consequently the Zone rules are largely related to bulk and location requirements for residential buildings. In reality the physical characteristics of the site at present render it unsuitable for residential development and the applicant’s long term aims are to provide a platform suitable for development for more appropriate uses such as a commercial building but given the long timeframe sought for this earthworks activity there are no firm proposals at this stage. 4.3 The principal activity on the site is earthworks, more particularly filling, and as such is subject to the rules in section 12.3 of the Plan where it is concluded to be a Discretionary Activity as the proposed deposition exceeds the 2000m3 per 12 month period requirement of the Restricted Discretionary rule.