District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Report on notice of requirement and submissions to designate land for telecommunication and radio communication and ancillary purposes at 8 Belgium Street and 37-39 Albert Crescent, Ostend, Waiheke Island: the Auckland City District Plan: Hauraki Gulf Islands Section – Proposed 2006

1.0 Introduction

This report considers two Notices of Requirement (the requirement) by Telecom New Zealand Limited and Telecom Mobile Limited (Telecom) to designate two sites for telecommunication and radio communication and ancillary purposes and the submissions received.

The sites are located at 8 Belgium Street, Ostend, Waiheke Island and 37-39 Albert Crescent, Ostend, Waiheke Island. The notices of requirement have been included as proposed designations 9-23 and 9-24 in the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the notices of requirement and submissions received. 

The recommendations contained in this report are not recommendations of the council. The council will issue its recommendations following a review of the report of the independent hearings panel who will consider the submissions, any supporting evidence presented at the hearing, and this report. The council's recommendations will be released after all the hearings to the Plan have been completed.

2.0 The notices of requirement

The notices of requirement seek to designate two sites for "telecommunication and radio communication and ancillary purposes".

The sites are located at 8 Belgium Street, Ostend, Waiheke Island and 37-39 Albert Crescent, Ostend, Waiheke Island. The notices of requirement relate to two existing activities. An Assessment of Environmental Effects (AEE) and a consideration of alternatives are included with the requirement. A copy of this documentation is attached as Appendix 1.

The proposed designations and the conditions are listed in Appendix 7, Table A7.1 and A7.2 of the Plan are set out in Appendix 2 to this report.

3.0 Statutory and Plan framework

This section of the report briefly sets out the statutory framework within which the council must consider the notices of requirement and the submissions received.

3.1 Designations

Clauses 4-9, 11, 13-16 of the First Schedule and sections 168-172 of Part VIII are the relevant provisions of the RMA.

As provided for by sections 166, 175 and 176 of the RMA, a designation is a form of land use control that overrides the provisions of a district plan. It is used by a requiring authority such as local authorities, Ministers of the Crown and network utility operators to provide for utility services and public works such as roads, railways, police stations, reserves, power supply, communication facilities and schools in the district plan. 

Contained in clause 1.6.5 of Part 1 of the Plan is reference to how designations are included in the Plan.

"Sites which are subject to a designation are identified on the planning maps by means of a distinctive notation and a map reference number. The reference number links to further information in appendix 7 - List of designations, which describes the designation and any associated conditions.

The effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose."

Following the introduction of a new designation into a Plan, as specified in section 176A of the RMA, the requiring authority is to submit an outline plan of works for any development (or modifications) on the designated site (unless the conditions of the designation specify otherwise or an exemption is given by the territorial authority). The only statutory requirement for an outline plan of works is that the territorial authority has 20 working days to assess the application and make any requests to the requiring authority for changes. It is noted that there is no requirement for public (3rd party) involvement during the outline plan process (although the RMA does not prevent this) and that the requiring authority is not obligated to make any changes (although there is an opportunity for the territorial authority to appeal to the Environment Court if desired).

3.2 First Schedule

In accordance with the provisions of clause 4 of the First Schedule of the RMA (requirements to be inserted prior to notification of proposed district plans), the council has invited the requiring authorities for existing designations to advise whether they require the designation to be included in the proposed plan, with or without modification.

In this case, Telecom, who are a requiring authority, has requested the inclusion of two new designations (known as a notice for requirement), and that these are included as part of the notification of the Plan.

3.3 Assessment, recommendations and appeal rights

Section 171 sets out the provisions for assessing a notice of requirement and the recommendations by the territorial authority.

1. When considering a requirement and any submissions received, a territorial authority must, subject to Part http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=628699269&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fpt.2&softpage=DOC - JUMPDEST_a1991-069/pt.22, consider the effects on the environment of allowing the requirement, having particular regard to—
   1. any relevant provisions of—
      1. a national policy statement:
      2. a New Zealand coastal policy statement:
      3. a regional policy statement or proposed regional policy statement:
      4. a plan or proposed plan; and
   2. whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
      1. the requiring authority does not have an interest in the land sufficient for undertaking the work; or
      2. it is likely that the work will have a significant adverse effect on the environment; and
   3. whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
   4. any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
2. The territorial authority may recommend to the requiring authority that it —
   1. confirm the requirement:
   2. modify the requirement:
   3. impose conditions:
   4. withdraw the requirement.
3. The territorial authority must give reasons for its recommendation under subsection  http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=628699269&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.171-ss.2&softpage=DOC - JUMPDEST_a1991-069/s.171-ss.2(2).

The above section of the RMA is significant in that the hearings commissioners and the council have no ability to make a decision on the notice of requirement; they can only make recommendations.

Following receipt of the council's recommendation, section 172 of the RMA provides that:

1. Within 30 working days of the day on which it receives a territorial authority's recommendation under section http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=628699269&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.171&softpage=DOC - JUMPDEST_a1991-069/s.171171, a requiring authority shall advise the territorial authority whether the requiring authority accepts or rejects the recommendation in whole or in part.
2. A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified.
3. Where a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority shall give reasons for its decision.

Section 174 provides rights to the territorial authority and any person who has made a submission on the requirement to appeal the decision of the requiring authority to the Environment Court.

4.0 Submissions

No submissions were received to proposed designation 9-23: Waiheke Exchange.

Two submissions were received to proposed designation 9-24: Waiheke radio station. Both oppose the notice of requirement and/or seek additional conditions. Copies of the submissions numbered 2640 and 3859 are attached at Appendix 3. No further submissions were received.

Submission number 3859 was received 'late', ie received after the closing date for lodging submissions (11 December 2006). All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions. This has been done in accordance with sections 37 and 37A of the RMA. Accordingly, submission number 3859 and the decisions requested have been considered in this report.

5.0 Proposed designation 9-23: 8 Belgium Street, Ostend

5.1 The sites and surrounding neighbourhood

5.1.1 The site and existing equipment

Legally described as lot 281, deposit plan 14189 and comprised in certificate of title 78D/479, the site has a land area of 1012m².

The site is located within land unit commercial 2 (Ostend Village) under the Plan and land unit 13 (retail) under the operative plan.

As described in the notice of requirement, the building and activities include:

• A 1-2 storey exchange building (approximately 180m²)
• A backup electricity generator housed within the exchange building, which is required for continuity of service during mains power outages
• An exhaust chimney for the electricity generator
• A water tank
• Underground cables and earth mat

There is an absence of records on the council files regarding the existing activity and buildings. The reason for this is that it is likely the activity was established under previous legislation that exempted public works (the then Post Office) from local authority control.

5.1.2 Surrounds

Location of the site

Click to view in pdf format (163KB)

As shown in the above extract from Plan map 09, the Telecom site is located within the centre of Ostend Village (labelled OSV on the map). Land either side, at the rear and on the opposite site of the road is classified for commercial use. Land directly to the east, at number 6 Belgium Street, is used as a depot for Telecom, but it is not included within the notice of requirement. Surrounding uses include the council service centre, retail, industrial, a church, cafes, taverns and a medical centre.

5.2 Assessment of environment effects

The assessment of effects provided with the notice of requirement is very brief. It is accepted a detailed AEE is not required for the reasons that, the activity is existing, it is located within a commercial centre and there are a lack of features on the site worthy of protection. It is however, necessary to record and assess the actual or potential effects that could be generated by the works.

The actual and potential effects include:

• Health and safety
• Noise
• Traffic movements
• Character and visual amenity
• Positive effects

5.2.1 Heath and safety

Condition 2 regarding the exposure limit standard NZS2772.1:1999 is accepted as being an appropriate mitigation measure to ensure protection of human health and safety.

5.2.2 Noise

The site is located within a commercial land unit therefore it is unlikely that the activity generates noise levels higher than activities in the surrounding area. The exception to this is the emergency generator, which the applicant advises is unlikely to comply with this noise limit. It is however, important to ensure that activities, which may occur in the future, generate noise levels that are consistent with those in the vicinity. It is recommended a condition be imposed that the noise levels do not exceed those permitted by the Plan (Table 10c.2). The exception to this is the emergency generator, which the applicant advises is unlikely to comply with this noise limit. Given that this only operates during a power failure, this exception is considered acceptable for an essential public work.

5.2.3 Traffic

The nature of the activity is such that it does not generate large numbers of traffic movements. In the context of the existing environment, the work currently does not and is not likely to generate any traffic effects.

5.2.4 Character and visual amenity

The activity is existing and not out of character with the range of industrial/commercial activities in the Ostend Village.

The requiring authority has stated that no changes to the activity are proposed, but have suggested a condition limiting the height of infrastructure to 8m.  To ensure that it is clear this condition applies to buildings (as defined in Part 14 of the Plan), it is recommended that condition 1 be extended to include reference to the word 'buildings' as well as infrastructure.

5.2.5 Positive effects

Positive effects will continue to be generated by the works as it supports communication on the island and houses a backup generator in case of mains power failure.

5.2.6 Summary

Subject to an additional condition and a slight amendment to condition 1, it is concluded that there are minimal adverse effects of the works on the environment.

5.3 Relevant provisions of statutory documents

5.3.1 National Policy Statement

The Ministry is currently consulting on Proposed National Environmental Standard (NES) for telecommunications facilities. The proposals include an environmental standard for radio frequency emissions that is based on a combination of the national guidelines and the current New Zealand standard. The effect of the proposed environmental standard is to permit radio frequency emissions, subject to certain conditions that comply with the New Zealand standard. It is important to stress that this is not currently a national policy statement, but it is noted that condition 2 of the designation states compliance will be achieved with NZS2772.1:1999, which is the suggested standard referred to the Ministry discussion document.

5.3.2 Coastal Policy Statement and Regional Plans

Given the location of the site and the nature of the use, these documents are not considered directly relevant to this notice of requirement. Suffice to note that they are not considered in consistent with these documents.

5.3.3 Plan or Proposed Plan

5.3.3.1 Part 5 of the Plan: network utility services

The Plan provides for and recognises the importance of utility services. Part 5 of the Plan sets out the council's approach to the management of these services. Clause 5.1 acknowledges the importance of utility services.

"Network utility services provide an important part of the overall physical resources for the islands. They are also a means of providing for the economic and social wellbeing for the island communities."

The Plan does however, seek to control the effects can be associated with utilities.

"5.3.2 Objective

To ensure adverse effects associated with network utilities such as noise, earthworks, odour, dust, spill lighting, air emissions, signs, electromagnetic field emissions and radio frequency fields (RF) are avoided, remedied or mitigated.

Policies

1. By ensuring that utility services meet appropriate environmental standards so that adverse effects do not occur.
2. By assessing the effect of network utility services on the environment where the standards are not met.

Explanation

Utility services have the potential to create adverse effects. The council wishes to ensure that appropriate standards are adopted throughout the Plan. The standards have been established to ensure that there is minimal adverse effect on the environment. The standards must be met during the establishment, operation and maintenance of utility services. Should the standards not be met, resource consent will be required to exceed the standards.

5.3.3 Objective

To ensure that the establishment of network utility services do not detract from the visual amenity of the environment or any heritage values.

Policies

...

6. By controlling large scale aboveground and overhead utility services on significant ridgelines and in land units with high landscape value to ensure that they do not detract from the visual amenity of the surrounding environment.
7. By assessing the cumulative visual impact of overhead utilities on the environment.
8. By encouraging utility operators to design utility services that are visually sympathetic to the environment.

....

Explanation

....

The Plan recognises that the islands have a unique landscape and that some utility services can detract from the visual amenity of the landscape. The Plan requires visually significant above ground and overhead utility services that intend to locate on the coast, ridgelines, in the vicinity of heritage items and in areas of high landscape value to be assessed.

...."

Rule 5.5.1 (activity table) provides that network utility services existing at 18 September 2006 are permitted activities.  Under this table, the majority of the work at 8 Belgium Street: Waiheke Exchange would be a permitted activity.

5.3.3.2 Ostend Village

Clause 10a.1 of the Plan describes Ostend Village as follows:

"Ostend village is an existing commercial centre centrally located on Waiheke. It is bounded by Waitai, Wharf, Putiki, Ostend and Whakarite Roads.

The characteristics of the land unit are:

• Commercial buildings which are mainly stand alone with no continuous building frontage to the street.
• Most site sizes being over 1000m2 in area.
• A mix of commercial, residential and community facilities.
• An administrative service centre for Waiheke.
• Belgium Street as the predominant road.
• Its close proximity to the Tahi Road industrial area.

Overall, Ostend village is seen as the administrative centre of Waiheke. It is further evolving a range of commercial, residential and community functions which indicates the consolidation of a significant activity centre for Waiheke."

The nature of the work described in the designation for 8 Belgium Street: Waiheke Exchange is consistent with the land unit classification commercial 2 (Ostend Village) under the Plan.

5.3.3.3 Operative Plan

For completeness, it is noted that the classification of the two sites are similar under the operative plan and contain similar objectives, policies and rules that would led to the same conclusions as under the proposed plan.

5.4 Consideration of alternative sites, routes or methods

The comments at paragraph 6 of the application for notice of requirement are accepted.

A consideration of alternative sites and routes is not considered necessary and the essential nature of the work is such that designating is a method to ensure the on-going security of the services.

5.5 Necessary to achieve objective of the requiring authority

The requiring authority could rely on existing use rights/existing consents to operate the telecommunication and radio communication. The works are, however, accepted as essential services for which it is appropriate to ensure on-going security through designation provisions, provided the council and the community can be given a reasonable level of certainty over the type and extent of effects that may be generated by the works.

5.6 Submissions

No submissions have been received to this notice of requirement.

5.7 Part II

For the reasons outlined above, the designation at 8 Belgium Street: Waiheke Exchange is consistent with Part II of the RMA (the Principles and Purpose of the RMA).

5.8 Any other matters

There are no 'other matters' relevant to this assessment.

6.0 Proposed designation 9-24: at 37-39 Albert Crescent, Ostend

6.1.1 The site and existing equipment

Legally described as lots 109 and 110, deposit plan 11378, comprised in certificate of titles 51B/750 and 80D/292, the property has a combined land area of 2,815m² (hereafter referred to as 'the site'). Access to the telecom equipment is via a right of way easement over numbers 33 and 35 Albert Crescent.

The site is located within land unit island residential 2 (bush residential). The tower is positioned on the high point of the ridge overlooking Putiki Bay. The site is not however, located within a specifically listed ridgeline. Land directly around the base of the tower and the two equipment buildings is grassed and the remainder of the site is covered in vegetation, including large established trees. Under the operative plan, the land is classified as land unit 13 bush residential.

As described in the notice of requirement, the building and activities include:

• A steel lattice microwave tower (approximately 11m high)
• Various antennas including microwave dishes and mobile phone service panel antennas, mounted to the east of the microwave tower
• A radio equipment container adjacent to the east of the microwave tower
• A small equipment building adjacent to the north of the microwave tower
• Ancillary cables

A site inspection and review of council files confirms that there are three (3) radio link/telephone antennas (circular dishes) and six (6) panel antennas for cellular telephone transmission positioned around the top of the tower.

The council files do not contain records on when the tower and what appears to be the three original antennas, were constructed. The reason for this is that it is likely the tower was established under previous legislation that exempted public works (the then Post Office) from local authority control. There are however, records of two resource consent applications and associated building consent applications for additional antennas in 1996 and 1999. Copies of the decisions on the resource consent applications, which were processed on a non-notified basis, are attached at Appendix 4.

6.1.2 Surrounds

Location of the site

Click to view in pdf format (224KB)

As shown in the above extract from Plan map 09, the surrounding land is classified as island residential 2 bush residential (labelled br on the map). Parts of the tower are visible from adjoining residential properties and can be viewed from the vehicle entrance to the site on Albert Crescent. The tower is also visible beyond the site, most notably from the eastern side of Okahuiti Creek, at the Subritzky Ferry landing. It therefore has a wide viewing audience.

6.2 Assessment of environment effects

The assessment of effects provided with the notice of requirement is very brief. It is accepted that the activity is existing and in general, the types of effects generated by such activities are well known.  It is also accepted that in practice, health and safety and traffic effects generate few effects beyond the site.

The site is located within a residential area, located on a ridgeline and on a site that is covered in mature vegetation. The requiring authority suggests only two conditions are attached to the designation. The first is a maximum height of 15m (4m higher than what exists at present) and the second is a control on transmitting radio frequency energy. As outlined in section 3.0 of this report, once the designation is in place, with only these two limitations, the requiring authority would have considerable ability to undertake new works within the scope of the designation and not have to address the effects that may be generated by these new works.

It is therefore, considered necessary to record and assess the actual or potential effects that could be generated by the works and consider a number of effects in more detail than provided in the AEE.

The actual and potential effects include:

• Health and Safety
• Traffic movements
• Positive effects
• Visual amenity - building bulk and vegetation
• Ecological
• Noise

6.2.1 Health and safety

Condition 2 regarding the exposure limit standard NZS2772.1:1999 is accepted as being an appropriate mitigation measure to ensure protection of human health and safety. This is a New Zealand wide standard and is recognised by the Ministry for the Environment as providing suitable protection from radio frequency energy.

6.2.2 Traffic

The nature of the activity is such that it does not generate large numbers of traffic movements. The only vehicles generated by the activity are from maintenance workers. In real terms, the traffic movements would be considerably less than with a residential activity.

6.2.3 Positive effects

Positive effects will continue to be generated by the works as it provides a strategic communication function for the Hauraki Gulf Islands.

6.2.4 Visual amenity

The tower structure and the three larger dishes currently generate adverse effects in terms of building bulk that is out of character with the residential environment and the landscape qualities of the ridgeline. It is however, accepted that the tower is lawful and therefore able to generate these effects as of right. It is also accepted that these effects need to be balanced against the necessity for the public work, and to operate effectively, if is required to be located on a high point of the island.

What is not accepted is that any future changes to the nature of the works do not incorporate mitigation measures to reduce its impact on the environment. 

As noted in the notice of requirement, continued operation of the facility may require pruning of vegetation and potentially an increase in height of the structure. These changes are therefore foreseen. To allow the structure, support buildings and antenna to be extended vertically, horizontally and in area, without the ability to assess additional effects, has the potential to create what could be, particularly when assessed in the context of existing effects, significant adverse effects on the environment.

It is noted that while an outline plan of works would be required for any changes, there is some doubt that the provisions of s176A(3) enable the council to consider removal of or pruning of vegetation as part of the outline plan. If this is considered within the scope of s176A(3), the council is limited to making recommendations on an outline plan and would be in the position of having to lodge an appeal if the requiring authority did not accept the council's recommendations on the outline plan.

6.2.5 Ecological

There is nothing to prevent the designating authority from removing or unsympathetically pruning the vegetation on the site. The vegetation qualities of the area are recognised by the land unit classification of the site and the surrounds. Failure to provide some form of protection of the vegetation on the site has the potential to generate unacceptable visual and ecological effects on the environment.

6.2.6 Noise

The two resource consents approved for the additional antennas in 1996 and 1999 imposed conditions on maximum noise limits at the residential boundary. In order to provide the adjoining residents with the same level of protection, it is recommended that a condition setting maximum noise levels is included in the designation. The levels should be as per Table 10c.1 of the Plan.

6.2.7 Summary

Without modification or additional conditions, it is therefore recommended that the council recommend the designation be withdrawn. A list of effects is set out in the recommendation of this report to guide the requiring authority to submit additional conditions for consideration at the hearing.

6.3 Relevant provisions of statutory documents

6.3.1 National Policy Statement

The Ministry is currently consulting on Proposed National Environmental Standard (NES) for telecommunications facilities. The proposals include an environmental standard for radio frequency emissions that is based on a combination of the national guidelines and the current New Zealand standard. The effect of the proposed environmental standard is to permit radio frequency emissions, subject to certain conditions that comply with the New Zealand standard. It is important to stress that this is not currently a national policy statement, but it is noted that condition 2 of the designation states compliance will be achieved with NZS2772.1:1999, which is the suggested standard referred to the Ministry discussion document.

6.3.2 Coastal Policy Statement and Regional Plans

Given the location and nature of the works, they are not considered contrary to the Coastal Policy Statement.

Of four regional plans, the most relevant is the Proposed Auckland Regional Plan: Air, Land and Water (ALW Plan). Section 2.2 of the ALW Plan recognises the importance of network utility infrastructure, but provided the site is (a) not located in sensitive natural environment (which it is not) and (b) within the urban limits (which this site is) it generally leaves the details to district plans.

District Plans also exercise major control over the form, location and operation of network utility infrastructure.

Accordingly, the works are not considered contrary to the regional plan.

6.3.3 Plan or Proposed Plan

6.3.3.1 Part 5 of the Plan: network utility services

The Plan provides for and recognises the importance of utility services. Part 5 of the Plan sets out the council's approach to the management of these services. Clause 5.1 acknowledges the importance of utility services.

"Network utility services provide an important part of the overall physical resources for the islands. They are also a means of providing for the economic and social wellbeing for the island communities."

The Plan does however, seek to control the effects can be associated with utilities.

"5.3.2 Objective

To ensure adverse effects associated with network utilities such as noise, earthworks, odour, dust, spill lighting, air emissions, signs, electromagnetic field emissions and radio frequency fields (RF) are avoided, remedied or mitigated.

Policies

1. By ensuring that utility services meet appropriate environmental standards so that adverse effects do not occur.
2. By assessing the effect of network utility services on the environment where the standards are not met.

Explanation

Utility services have the potential to create adverse effects. The council wishes to ensure that appropriate standards are adopted throughout the Plan. The standards have been established to ensure that there is minimal adverse effect on the environment. The standards must be met during the establishment, operation and maintenance of utility services. Should the standards not be met, resource consent will be required to exceed the standards.

5.3.3 Objective

To ensure that the establishment of network utility services do not detract from the visual amenity of the environment or any heritage values.

Policies

...

6. By controlling large scale aboveground and overhead utility services on significant ridgelines and in land units with high landscape value to ensure that they do not detract from the visual amenity of the surrounding environment.
7. By assessing the cumulative visual impact of overhead utilities on the environment.
8. By encouraging utility operators to design utility services that are visually sympathetic to the environment.

....

Explanation

....

The Plan recognises that the islands have a unique landscape and that some utility services can detract from the visual amenity of the landscape. The Plan requires visually significant above ground and overhead utility services that intend to locate on the coast, ridgelines, in the vicinity of heritage items and in areas of high landscape value to be assessed.

...."

Rule 5.5.1 (activity table) provides that network utility services existing at 18 September 2006 are permitted activities. Under this table, work at 37-39 Albert Crescent: Waiheke radio station is such that alterations to the activity (primarily because of height) would be a discretionary activity.

6.3.3.2 Land unit provisions

The site is located in land unit island residential 2. This land unit is described at 10a.10.1 of the Plan as follows:

"This land unit is located in western Waiheke and generally adjoins the island residential 1 land unit.

The characteristics of the land unit are:

• Moderate to relatively steep slopes.
• Low intensity residential development (compared with the Auckland isthmus) containing stand alone dwellings.
• Heavily bush covered with generally indigenous vegetation.
• High ecological values.
• Dwellings which are a secondary component of the landscape. Most dwellings blend into the dominant natural character of the indigenous vegetation.

Overall, the land unit is an important residential area with a character which is strongly influenced by indigenous vegetation."

As listed at 10a.10.2, the resource management issues for this land unit are:

"The significant resource management issues which need to be addressed in the Plan are:

1. How to ensure that buildings complement the predominant elements of the natural landscape of indigenous vegetation and steep topography.
2. How to conserve indigenous vegetation to maintain ecological values and the visual amenity of the land unit.
3. How to ensure that non-residential activities do not adversely impact on the amenity of residential areas."

As it relates to this notice of requirement, the relevant rules for achieving the above are 10c.4: controls on the bulk, location and colour of buildings and 10c.5: controls for conservation and amenity (vegetation protection).

For the reasons outlined in section 6.2 of this report, the absence of conditions to control visual and ecological amenity have the potential to generate significant adverse effects on the landscape and vegetation qualities of this land unit. These are recognised qualities of land unit residential 2 bush residential, and the Plan seeks to protect these qualities. An additional condition limiting noise as a means to protect the residential amenity is also absent from the notice of requirement. Without suitable conditions, the notice of requirement for 37-39 Crescent: Waiheke radio station is considered contrary to the residential provisions of the Plan.

6.3.3.3 Operative Plan

For completeness, it is noted that the classification of the two sites are similar under the operative plan and contain similar objectives, policies and rules that would led to the same conclusions as under the proposed plan.

6.4 Consideration of alternative sites, routes or methods

The comments at paragraph 6 of the application for notice of requirement are accepted.

A consideration of alternative sites and routes is not considered necessary and the essential nature of the work is such that designating is a method to ensure the on-going security of the services.

6.5 Necessary to achieve objective of the requiring authority

The requiring authority to could rely on existing use rights/existing consents to operate the telecommunication and radio communication. The works are however, accepted as essential services for which it is appropriate to ensure on-going security through designation provisions, provided the council and the community can be given a reasonable level of certainty over the type and extent of effects that may be generated by the works.

6.6 Consideration of Submissions

Submission number 2640, by the owners of 41 Albert Crescent opposes the notice and lists as concerns the size and appearance of the tower and its affect on property values.

The decision sought is:

2640/1: that some form of camouflage of the tower in a colour which is more in keeping with the environment.

Submission number 3859 by the owners of 45 Albert Crescent opposes the notice and lists as concerns inadequate notification, the adverse effects of existing tower and the visual effect of the potential additional height.

The decision sought is:

3859/1: recognising the potential negative impact on property owned by interested parties

3859/2: decline any increase in the size of the present structure

3859/3 further information should be provided on specific matters including, the necessity for the structure in its present location, what alternatives exist, enhancement to the existing structure and a report by independent body on the transmitting radio frequency energy from the present tower.

With respect to these submissions, the following comments are made:

• As noted earlier in this assessment, it is agreed that there are inadequate measures to control visual effects associated with potential changes to the tower, antenna and buildings.
• As the existing structure and associated buildings are protected by existing use rights/consents, it is unreasonable and not possible to require changes to the existing structure if it remains unchanged. It is however, agreed that future changes need to be controlled.
• Compliance with standard NZS2772.1:1999 (condition 2) provides suitable protection for adjoining and surrounding residents from radio magnetic exposure.
• In the absence of evidence by a person qualified to assess property values, I am unable to substantiate whether there could be an impact on property values.

Planner's recommendation on submissions: Submissions 2640/1 and 3859/2 pertaining to proposed designation 9-24 be accepted. Submission 3859/1 and 3859/3 be rejected.

6.7 Part II

For the reasons outline above, unless suitable conditions can be drafted to address visual amenity and ecological effects and a noise condition is included, the designation for 37-39 Albert Crescent: Waiheke radio station is considered contrary to sections 7(c) the maintenance and enhancement of amenity values and section 7(f) maintenance and enhancement of the quality of the environment of the RMA.

6.8 Any other matters

There are no 'other matters' relevant to this assessment.

7.0 Conclusions

This report assesses the designation of land currently used for telecommunication and radio communication purposes at 8 Belgium Street and 37-39 Albert Crescent, Ostend, Waiheke Island that is the subject of notice of requirement notified as part of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.  It identifies the primary issues, summarises the submissions received and provides an assessment pursuant to section 171 of the RMA.

It is accepted that the Waiheke Exchange at 8 Belgium Street is an essential service and it is appropriate that it be protected by a designation. The works generate little if any adverse effects beyond the site, although as a precautionary measure, an additional condition and a modification to the proposed condition are recommended. It is therefore concluded that the designation for 8 Belgium Street be confirmed, subject to conditions.

It is accepted that the Waiheke radio station at 37-39 Albert Crescent is an essential service and it is appropriate that it be protected by a designation. The conditions proposed by the requiring authority are not sufficient to mitigate the type and extent of effects that may be generated by the works. It is recommended that the requiring authority give consideration to drafting conditions to address visual amenity (building bulk and vegetation), ecological amenity and noise and produce these at the hearing for consideration by the independent hearing panel. In the event that suitable conditions cannot be drafted, it is concluded that the territorial authority should recommend that the requiring authority withdraw the requirement.

8.0 Recommendations

That, subject to new or contrary evidence presented at the hearing that would lead to a different conclusion, the following is recommended:

8.1 Recommendation 1:  proposed designation 9-23 at 8 Belgium Street, Ostend, Waiheke Island

That in accordance with Section 171 of the Resource Management Act 1991, the panel recommends that the Auckland City Council recommends to the requiring authority that it confirms the requirement to designate the site at 8 Belgium Street, Ostend, Waiheke Island, labelled 9-23 for telecommunication and radio communication and ancillary purposes.

This is subject to the following conditions outlined in below (recommended additions to conditions are underlined):

1. The height of buildings and any infrastructure on site shall not exceed 8m above ground level.
2. Any equipment transmitting radio frequency energy shall comply with the exposure levels stated in New Zealand Standard NZS 2772.1:1999.1 at any place where the public has reasonable access.
3. With the exception of the emergency generator, the noise arising from any activity associated with the operation of the Waiheke Exchange measured at the legal boundary of any adjacent site, shall not exceed the following levels:

	Monday to Saturday 7.00am - 10.00pm and Sundays 9.00am to 6.00pm	Leq 55dBA
	At all other times	Leq 45dBA Lmax 75dBA

All noise shall be measured in accordance with the provisions of clause 4.7: measurement of sound set out in the Plan.

The reasons for this recommendation are as follows:

1. The designation is reasonably necessary as it provides for an existing public work for which a demonstrable need or objective has been established.
2. The works will have no more than a minor adverse effect on the environment, subject to specific mitigation measures.
3. The designation is not contrary to the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

8.2 Recommendation 2:  proposed designation 9-24 at 37-39 Albert Crescent, Ostend, Waiheke Island

That unless new or contrary evidence is provided at the hearing to address visual amenity (building bulk and vegetation), ecological and noise effects, in accordance with Section 171 of the Resource Management Act 1991, the panel recommends that the Auckland City Council recommends to the requiring authority that it withdraw the requirement to designate the site at 37-39 Albert Crescent, Ostend, Waiheke Island for telecommunication and radio communication and ancillary purposes.

The reasons for this recommendation are as follows:

1. While it accepted that the designation is reasonably necessary as it provides for an existing public work for which a demonstrable need or objective has been established, the conditions proposed fail to address potentially significant adverse effects that could be generated by futures changes or alterations the work.
2. The tower is located on a ridgeline and is highly visible to a wide viewing audience. No conditions are proposed to address the effects that could be generated by alterations to the existing tower, ancillary buildings and antennae. No conditions are proposed on pruning or removal of established vegetation on site. This vegetation assists in mitigating some of the adverse visual amenity of the existing structures and is a recognised quality of the local environment.
3. The two resource consents approved for the additional antennas in 1996 and 1999 imposed conditions on maximum noise limits at the residential boundary. In order to provide the adjoining residents with the same level of protection, a condition on noise is required. This effect can be addressed by imposing the noise limits for sites in the land unit classification. It is recommended that the requiring authority offer this condition at the hearing.
4. The designation, without suitable conditions, is contrary to the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 and in particular, Part 10 relating to land unit residential 2 bush residential.
5. The designation, without suitable conditions, is contrary to Part II, the purpose and principles of the Resource Management Act 1991 and in particular, sections 7(c) the maintenance and enhancement of amenity values and section 7(f) maintenance and enhancement of the quality of the environment.

Extract from Appendix 7 of the Proposed Plan

List of designated sites - inner islands

Table A7.1: Designated sites - inner islands (extract)

Table A7.2: Conditions applying to designated sites - inner islands (extract)

Submissions

View the submissions.

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