Decision following the hearing of an application for resource consent under the Resource Management Act 1991 Proposal A Resource Consent application by Fletcher Residential Limited to undertake a two lot subdivision to subdivide land to create one residential lot and a road to vest, with associated land use consent for earthworks and construction works to facilitate a connection between the Waiata Shores development and Conifer Grove at 3 Te Napi Drive and the northern end of Brylee Drive, Conifer Grove. These GRANTED. The reasons are set out below. Application number: BUN60316780 Site address: 3 Te Napi Drive and the northern end of Brylee Drive, Conifer Grove Applicant: Fletcher Residential Limited Hearing commenced: Wednesday 11 September 2019, 9.30am Hearing panel: Robert Scott (Chairperson) Pamela Peters Michael Parsonson Appearances: For the Applicant: Sue Simons, Legal Tamsin Gorman, Legal Steven Evans, Fletchers Residential Vaughan Crang, Engineering Matthew Noonan, Air Quality Jon Styles, Acoustic Donald McKenzie, Traffic Angela Crang, Planning For the Submitters: • Auckland Transport represented by: - Margaret McCullough, Legal - Trevor Mackie, Planning - Michael Jongeneel, Traffic - Kelly Seekup, Planning Woolworths New Zealand Limited Philip Brown, Planning Lisa Blake - 52 Walter Stevens Drive, Conifer Grove Daniel Newman - 4 Glen Eagles Road, Wattle Downs Matthew Caldwell – 63 Brylee Drive, Conifer Grove Paul McSweeny - 38 Perotti Place, Conifer Grove 3 Te Napi Drive & and the northern end of Brylee Drive 1 BUN60316780 Robert Rose - 7 Chippewa Place, Conifer Grove Josie Faber - 40 Brylee Drive, Conifer Grove Kevin Everitt - 20 Aristoy close, Conifer Grove Papakura Local Board - Brent Catchpole, Chairperson For Council: Natalie Bedggood, Principal Specialist Planner Neil Mumby, Reporting Planner Andrew Temperley, Traffic Engineer Lindsay Leitch, Noise Consultant Tanisha Hazelwood, Hearings Advisor Hearing adjourned Wednesday 11 September 2019 Commissioners’ site visit Thursday 5 September 2019 Hearing Closed: 30 September 2019 INTRODUCTION 1. This decision is made on behalf of the Auckland Council (“the Council”) by Independent Hearing Commissioners Robert Scott, Pamela Peters and Michael Parsonson, appointed and acting under delegated authority under sections 34 and 34A of the Resource Management Act 1991 (“the RMA”). 2. This decision contains the findings from our deliberations on the application for resource consent and has been prepared in accordance with section 113 of the RMA. 3. The applications were publicly notified on 23 August 2018. A total of 514 submissions were received, with 16 in support and 497 in opposition. One submission was received late after the close of the submission period. 4. In reaching our decision we have considered: • The application, its AEE (prepared by Ms Angela Crang) and all its supporting documents and plans, including amended material provided at the hearing; • The Council planner’s (Mr Neil Mumby) section 42A hearing report (Hearing Report), with supporting reports attached to his s.42A report; • The pre-circulated expert Evidence in Chief from the applicant; • The pre-circulated expert evidence from Woolworths New Zealand Limited; • The verbal and written submissions and correspondence from the submitters; • The applicant’s Counsel’s legal submissions from Ms Sue Simons; 3 Te Napi Drive & and the northern end of Brylee Drive 2 BUN60316780 • The applicant’s evidence provided at the hearing by Steven Evans, Vaughan Crang, Matthew Noonan, Jon Styles, Donald McKenzie and Angela Crang; • The evidence of Auckland Transport provided by Mr Mackie, Mr Jongeneel and the legal submissions by Ms McCullough; • The evidence of Mr Philip Brown; • The written submissions from Lisa Blake, Daniel Newman, Matthew Caldwell, Paul Sweeney, Robert Rose, Josie Faber, and Kevin Everitt; • The presentation by Mr Brent Catchpole for the Papakura Local Board; • The responses to our questions from the parties during the hearing process; • The Applicant’s right of reply; • Relevant sections of the Auckland Unitary Plan: Operative in Part (Unitary Plan); and • The matters we identified during our site visits prior to and following the hearing of evidence. Summary of proposal and activity status 5. The proposal, consent history and the required resource consents are set out in detail within Section 3 of Mr Mumby’s hearing report. The proposal comprises three components which are described in the hearing report as: a. Subdivision creating one vacant lot for future residential purposes (Lot 4); b. One lot to be vested as road for the purposes of a road connection (Lot 820) c. Works to facilitate the formation of a road within Lot 820 and also within the Northern end of Brylee Drive. 6. The proposed residential lot would be 475m² in area and would have a finished floor level that is 500m above an identified 1% AEP floodplain. The lot comprising the road to vest would have an area of 628m² and would facilitate a road connection that will join Gosper Drive in the newly establish residential subdivision at Waiata Shores with Brylee Drive in the established suburb of Conifer Grove. The 30m road connection would comprise an 11-metre-wide carriageway from Gosper Drive transitioning down to 10.5m width carriage way at Brylee Drive. We were advised by Mr Mumby that the difference in carriage way width is due to the differences in legal road widths in existence in these two areas. 7. The physical construction works necessary to construct the road entail 1,212m³ of earthworks over an area of 0.2 hectares, with approximately 608m³ being used on the site and the balance being transported off site. 3 Te Napi Drive & and the northern end of Brylee Drive 3 BUN60316780 8. The proposed works located on the northern unformed portion of Brylee Drive are also to be carried out partially within the New Zealand Transport Agency Designation 6706. This designation encompasses the Takanini interchange and a small side link through to Brylee Drive and relates to the motorway between Takanini and Drury. There are no conditions on this designation. The applicant has provided the written approval of the New Zealand Transport Agency for the proposed works to satisfy the requirements of section 176 of the Resource Management Act 1991 (RMA). 9. We were advised by the applicant and the Council officers that the road connection was being provided in accordance with a Memorandum of Understanding (MOU) between the applicant and Auckland Transport (AT) to obtain the necessary consents and construct a permanent connecting road. We discuss this MOU and its genesis later in this decision. 10. In essence, the applicant seeks subdivision and land use consents to subdivide land to create one residential lot and a road to vest, with associated construction works to facilitate a connection between Waiata Shores and Conifer Grove in accordance with the MOU between the applicant and Auckland Transport. 11. We were advised by the applicant and the Council that a consequence of installing the proposed connection between the two residential areas and the predicted increase in vehicle numbers along Brylee Drive (which until this time has operated as a cul-de-sac with low vehicle flows, especially at its northern end), traffic calming devices, such as a speed tables to slow vehicles speeds would need to be installed. 12. There was no disagreement between the parties or the planners present at the hearing (Ms Crang, Mr Mumby, Ms Bedggood, Trevor Mackie and Mr Brown) regarding the consents required and as a result these are confirmed for our decision and summarised below from the hearing report: Land use consents • Restricted Discretionary Activity consent for 2000m2 of earthworks pursuant to E12.4.1 (A5) • Restricted Discretionary Activity consent for more than 250m3 of earthworks pursuant to E12.4.1 (A10) • Restricted Discretionary Activity for noncompliance with the following standards pursuant to C.1.9 (2); - E12.6.2(11) Earthworks in a 1% AEP floodplain. The proposal involves 2000m2 and 1212m3 of earthworks within the flood plain. 3 Te Napi Drive & and the northern end of Brylee Drive 4 BUN60316780 Subdivision Consent • Restricted Discretionary Activity consent for subdivision that is in accordance with E38.8.2.3 pursuant to Rule E38.4.1 (A16) • Restricted Discretionary Activity consent for subdivision in a flood plain pursuant to E38.4.1 (A11). 13. Overall the proposal has been considered as a restricted discretionary activity. Procedural matters 14. We note that there was a late submission received from Mr David Hopkins (submission 514) received on 10 October 2018. We have reviewed this submission and while the submission was 14 working days late, we consider that it raises matters that are somewhat generic and already covered in other submissions and does not introduce any new matters. Accordingly, it was not apparent that the applicant would be prejudiced if the submission were to be accepted and considered. We also note that the submitter did not indicate whether it wanted to be heard and did not attend the hearing. The applicant also indicated that it had no view on whether this late submission should be accepted or rejected. Finding 15. Under sections 37 and 37A of the RMA, the time limit for the receipt of submissions is waived to accept the late submission of Mr David Hopkins (submission 514). Relevant statutory provisions considered 16. We have considered the application in terms of the matters set out in section 104 which requires us to, subject to Part 2, have regard to– (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of— (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: 3 Te Napi Drive & and the northern end of Brylee Drive 5 BUN60316780 (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application.