|
|
|
Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES COMMITTEE
HELD ON TUESDAY, 31 JULY 2007 AT 11:16 AM
|
PRESENT: |
Councillors: |
Faye |
Storer |
[Chairman] |
|
|
|
Christine |
Caughey |
[until 12.53 pm, Item 5.9] |
|
|
|
Bill |
Christian, JP |
[until 12.48 pm, Item 5.8]
[from 12.52 pm, Item 5.9, until 1.40 pm,
Item 7] |
|
|
|
Glenda |
Fryer |
[from 11.19 am, Item 5.1 until 11.37 am,
Item 5.2]
[from 11.40 am, Item 5.2] |
|
|
|
Graeme |
Mulholland, JP |
[from 11.17 am, Item 5.1] |
|
|
|
|
|
|
 APOLOGIES
That the apology
from Cr C Caughey for early departure be accepted.
CARRIED
CONFIRMATION OF MINUTES
That the minutes
of the Planning Fixtures Committee meeting held on Tuesday, 24 July 2007 be
confirmed as a true and correct record.
CARRIED
EXTRAORDINARY BUSINESS
There was no
extraordinary business.
SIGNS BYLAW APPLICATIONS
There were no
applications for Signs Bylaw dispensation.
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 3 HEPBURN STREET, FREEMANS BAY
That, pursuant to sections 93 and 94 of the Resource
Management Act 1991, this application be processed without notice because:
- The adverse effects of the activity on the environment will be
minor
- Written approval has been given by every person who may be
adversely affected by the activity.
That, pursuant to section 94C of the Resource Management
Act 1991, there are no special circumstances to warrant public notification of
the application.
Pursuant to section 104B of the Resource Management Act
1991, the discretionary activity land use application by Grant Beazley to
undertake alterations to the existing church building on the site that:
- involves external additions and alterations to an
existing building (Rule 7.7.1)
- infringes the 3m + 45º building in relation to boundary
control by a maximum vertical height of 2.6 metres over a maximum horizontal
length of 16 metres (Rule 7.8.1.3a)
- infringes the 40% minimum landscaped - permeable
surface control by 22.2%, or 291.4m2 (Rule 7.8.1.5)
- infringes the 25% maximum paved - impermeable surface
control by 28%, or 368m2 (Rule 7.8.1.6)
- infringes the private open space control (Rule 7.8.1.8)
- involves additions and alterations on a contaminated
site (Rule 5E.7.1C)
- involves a shortfall of 15 parking spaces where 40
parking spaces are required (Rule 12.8.1.2)
- involve construction access that is within the dripline
of two Scheduled London Plane trees located on the road reserve (Rule
5C.7.3.3A(c))
Plan Modification 163
- The proposal involves external additions and alterations to
an existing building
at 3 Hepburn Street, Freemans Bay described as LOT 1 DP
94978, CT 51A/623 be granted consent.
Pursuant to section 113 of the Resource Management Act
1991, the following matters have been taken into account in making the decision
set out above:
Relevant Statutory Provisions
The following provisions of the Resource Management Act
1991 were relevant in the assessment of this application:
- Sections 104, 104B and 108 (discretionary activity)
Relevant Plan Provisions
The relevant planning document considered was the
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Clause 4.3.1.2B (Development Control Modification),
- Clause 4.3.2.5 (Land Use Resource Consent Applications)
- Part 5C.7.3.3C (Trees)
- Part 5E.7.1C (Contaminated Sites)
- Part 7.7.1 (Activities in the Residential 1-7 Zones)
- Part 7.8 (Development Controls)
- Part 12.8 (Transportation Activities)
and the reasons, explanations and criteria accompanying
these rules.
Principal Issues in Contention
The application was not the subject of a contested
hearing as the Council generally concurs with the applicant's assessment.
Accordingly, there were no issues in contention.
Summary of Evidence
This application was not the subject of a contested
hearing. Whilst no evidence has been provided, Council has considered the
following specialists' reports:
- The Assessment of Effects prepared by Grant Beazley of
GMB Design Limited, dated 7 August 2006
- The report prepared by Groundwater and Environmental
Services, dated 12 May 2006
- The memo prepared by Mervyn Chetty (Environmental
Health Specialist) of Auckland City Council, dated 15 November 2006
- The memo prepared by Mike Watson (Consultant
Architectural Planner), dated 23 November 2006
- The memo prepared by Scott Paton (Senior Development
Engineer) of Auckland City Council, dated 1 September 2006
- The memo prepared by Nick Stott (Arborist) of Auckland
City Council, dated 19 December 2006
- Email from Grant Beazley, dated 26/06/07
- Colour Scheme dated 26/06/07 from Grant Beazley
- Perspectives A, B and C dated 26/06/07 from Grant
Beazley
Main Findings of Fact
The Committee considers that the main 'findings of fact'
are:
- Suitable construction methods and tree protection
measures should ensure the health of scheduled trees are maintained
- The proposal improves the current parking situation by
providing nine (9) additional car parks
- A suitable stormwater drainage system will ensure any
surface water runoff is discharged appropriately
- The colour scheme will include recessive colours and
will blend in with the natural backdrop
- The proposal involves landscaping that is appropriate
with regard to the limited space on the site and the adjoining Western Park
- Suitable soil testing, where appropriate, will ensure
that any contamination when encountered is dealt with adequately and any adverse
effects are minimised.
Reasons for the Decision
The reasons for this discretionary activity consent are
as follows:
- The granting of consent
to the applicant's proposal will have minor effects on the environment. In
particular, the proposed conditions will ensure that any effects from stormwater
run-off, contamination and any adverse effects on the trees are minimised.
Furthermore, the applicant has obtained the written approvals of all the person(s) considered to be adversely affected by the proposal.
- The granting of consent to
the applicant's proposal is consistent with the relevant assessment criteria for
discretionary activities, and in particular additions and alterations,
development control modifications, works on a contaminated site, parking
shortfall and works in the dripline of scheduled street trees.
- The imposition of the
following conditions will ensure that any likely adverse effects will be
adequately avoided, remedied and mitigated, and, in particular, the proposal is
undertaken in accordance with the plans.
- The applicant's proposal
is consistent with the objectives and policies of the Operative District Plan,
and the sustainable management purpose of the Resource Management Act 1991.
Pursuant to section 108 of the Resource Management Act
1991, this consent is subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity
shall be carried out in accordance with the plans and all information submitted
with the application, being described as
- The application assessment of environmental effects
entitled "Proposed Alterations to Kingdom Hall at 3 Hepburn Street, Freemans Bay
Assessment of Environmental Effects" prepared by GMB Design Limited, dated 7
August 2006
- Drawings prepared by GMB Design entitled "Kingdom Hall
Alterations 3 Hepburn St, Freemans Bay", dated Aug '06 listed as follows;
- Z1 Revision C - Proposed Site Plan
- Z2 Revision A - Landscaping Plan
- Z3 - Existing Site Plan
- A1 - Lower Floor Plan
- A2 - Ground Floor Plan
- A3 - Upper Floor Plan
- A4 - Elevations
- A5 Revision B - Elevations
- A31 - Demolition Plan
- Contamination report prepared by Groundwater and
Environmental Services, dated 12 May 2006
- and referenced by Council as LUC20060444301.
Monitoring
- The consent holder shall
pay the Council a consent compliance monitoring charge of $750 (inclusive of
GST), plus any further monitoring charge or charges to recover the actual and
reasonable costs that have been incurred to ensure compliance with the
conditions attached to this consent. (This charge is to cover the cost of
inspecting the site, carrying out tests, reviewing conditions, updating files,
etc, all being work to ensure compliance with the resource consent).
The $750 (inclusive of GST) charge shall be paid as
part of the resource consent fee and the consent holder will be advised of the
further monitoring charge or charges as they fall due. Such further charges are
to be paid within one month of the date of invoice.
Construction
- Prior to commencement of
any works on the site, the consent holder shall submit a Construction Management
Plan to the satisfaction of the Council (Resource Consent Monitoring Leader).
The Construction Management Plan shall include specific details relating to
avoiding, remedying or mitigating adverse effects on the environment of the
demolition, earthworks, construction and management of all works associated with
this development including but not limited to the following:
- Details of the
site manager, including their contact details (phone, facsimile and postal
address);
- The location of a
large noticeboard on the site that clearly identifies the name, telephone number
and address for service of the site manager;
- Measures to be
adopted to maintain the site in a tidy condition in terms of disposal/storage of
rubbish, storage and unloading of building materials and similar construction
activities;
- Ingress and egress
to and from the site for vehicles and construction machinery during site works
period. Please note that specific measures must be provided relating to the
adjoining clearway on Remuera Road and peak traffic flows ensuring that
these are not compromised and clearway restrictions adhered to.
- Proposed location
of any wheel-wash facilities.
- Proposed numbers
and timing of truck movements throughout the day and the proposed routes.
- Proposed hours of
work on the site (NB: construction is restricted in condition 4 relating to
working hours).
The above details shall be shown on a site plan and
supporting documentation as appropriate. The approved Construction Management
Plan shall be implemented and maintained throughout the entire demolition and
construction period.
- All earthworks and
construction works shall be restricted to the hours from 7.30am to 6.00pm Monday
to Friday and from 8.00am to 1.00pm Saturday. No such work shall occur on
Sundays or public holidays.
- Noise arising from
construction work shall comply with construction noise controls outlined under
Rule 4A.1D of the Auckland City Operative District Plan 1999 (Isthmus).
- The consent holder shall
implement suitable sediment control measures during all earthworks to ensure
that all stormwater run off from the site is managed and controlled to ensure
that no silt, sediment or water containing silt or sediment is discharged into
stormwater pipes, drains, channels or soakage systems in accordance with the
Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for
sediment control. In the event that material is deposited on the street, the
consent holder shall take immediate action at their own expense, to clean the
street. These measures shall remain in place until the completion of the
development.
- To prevent contamination
of drains with water containing soil sediment there shall be no stock piling of
excavated material on the site. Any surplus excavated material (except where
this is to be re-used on the site) shall be removed from the site.
- Safe and clear pedestrian
access and thoroughfare shall be maintained on all roads and footpaths adjacent
to the subject site during construction.
Colour Scheme
- The consent holder shall
ensure that the building is painted in accordance with the colour scheme
submitted by Grant Beazley dated 26/06/07. Any new fence erected along the site
boundaries shall be black in colour.
Stormwater
- A stormwater detention
tank shall be incorporated into the private drainage reticulation. Further
details shall be provided with the building consent application. Tank design
shall be to the satisfaction of Council (Resource Consent Monitoring Leader).
Arboricultural
- Prior to any works
commencing on site the consent holder shall ensure that a pre-start meeting
occurs. Present at this meeting shall be the consent holder, the ACR Services
Arborist (Simon Cook 353-9630) and the site construction manager. The purpose
of this meeting shall be to clarify the Conditions of Consent contained within
this Resource Consent. The consent holder shall give the ACR Serivces Arborist
at least ten (10) working days notice prior to the pre-start meeting.
- Prior to any works
commencing on site (including demolition), the consent holder shall construct
self-supporting 1.8 metre high protective fences around the driplines of the two
Scheduled London Plane trees that are to be retained. The fences shall be
constructed from fluorescent glow meshing with ground anchor spikes and shall
remain intact on site until all works has been completed. The exact location of
the protective fences shall be clarified by the ACR Services Arborist at the
pre-start meeting.
- The area within the
protective fencing and driplines of the Scheduled London Plane trees shall be
considered total exclusion zones as follows:
- No storage of diesel,
cement, building materials, site huts, spoil etc within the delineated area.
- No spillages of
substances likely to be injurious to tree health within seepage distance of the
delineated area.
- No access into or works
within the delineated area without the prior approval of the appointed arborist.
- No alteration to the
dimensions of the delineated area without prior consultation and agreement from
the appointed arborist.
- No machinery, unless it
can be kept within the bounds of an existing sealed surface.
- The paved area on the
western side of the cesspits (middle of parking area) shall remain permeable.
- The existing kerb line
shall remain.
- The concrete shall be
'non-fines concrete'.
- There shall be no live
crown pruning or root pruning of the two Scheduled London Plane trees under this
Resource Consent.
Contamination
- That the consent holder
shall after demolition and prior to any soil excavation and/or construction at
the site undertake a site contamination investigation in according to
Contaminated Land Management Guideline No 5: Site Investigation and Analysis of
Soils, Ministry for the Environment 2004 and provide a site contamination
assessment report with the testing results (if any) to the satisfaction of
Council (Resource Consent Monitoring Leader).
- If the concentrations of
the contaminants found exceed either
- the Tier 1 Soil
Acceptance Criteria for residential land use and/or for protection of
groundwater quality, specified in Guidelines for Assessing and Managing
Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the
Environment, 1999,
or
- The Canadian Soil Quality
Guidelines For The Protection Of Environmental And Human Health: residential
use, Canadian Council of Ministers of the Environment, 2001
the consent holder shall, prior to excavation and
construction works, submit a remediation action plan to the satisfaction of
Council (Resource Consent Monitoring Leader).
- The consent holder shall,
within three months following completion of remediation works, undertake a
validation exercise to confirm the performance of the remediation works and to
identify residual contamination at the site and provide to satisfaction of
Council (Resource Consent Monitoring Leader) a Site Validation Report.
Landscaping
- A updated landscape plan
relating to the proposed landscaping area as shown on the plan (Z2 Revision A),
with the addition of at least three indigenous specimen trees planted along the
eastern boundary (such as Nikau or Cabbage trees) to provide additional
softening of the building when viewed from the adjacent Reserve (at least 1
metre high at the time of planting and a minimum size of pb95) , and including
an implementation and maintenance programme, shall be submitted to and approved
by Council (Resource Consent Monitoring Leader), prior to any works commencing
on the site.
- The plan shall include
details of the plant sizes at the time of planting and intended species. Such a
plan is to include appropriate measures to ensure a high visual amenity and
minimise the effects of the building on the adjoining park.
- The landscaping shall be
implemented and maintained in accordance with the approved landscaping plan
within the first planting season following the completion of the works on the
site. The landscaping shall be irrigated and maintained thereafter.
ADVICE NOTES
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development
contribution of $1,121.58 will be payable on this
development. An invoice for this amount will be sent in due course. Please note
that, with respect to this development, building consents will not be released,
code of compliance certificates will not be issued, and section 224C
certificates for subdivisions will not be issued until the development
contribution has been paid.
Existing Resource Consent
- Please note that there
are conditions of the resource consent (LUC67538552) granted 2 September 1980
that relate to the ongoing operation of the activity. These must adhered to on
an ongoing basis
Contamination
- The above-mentioned
reports and plans should be prepared in accordance with the Contaminated Site
Management Guidelines No. 1 Guidelines for Reporting on Contaminated Sites in
New Zealand, Ministry for the Environment, June 2003.
Development Engineering
- The
Consent Holder shall be advised of Council's requirements outlined in Metrowater
Development and Connection Standards issued February 2005, particularly the
requirements for:
- Onsite separation of private drainage reticulation
- Stormwater detention tanks
- Clearance requirements for works in relation to public
services
- Protection of services in relation to construction
activities
Details shall be
provided with the building consent application.
- Any alterations of public
drains requires "Engineering Approval" from ACE development Engineering prior to
a building consent being issued. Any works on adjacent properties shall require
affected owners consent.
Life of Consent
- Pursuant to section 125
of the Resource Management Act 1991, this resource consent will expire five
years after the date of commencement of consent unless, before the consent
lapses;
- the consent is given
effect to; or
- an application is made to
the consent authority to extend the period of the consent, and the consent
authority decides to grant an extension after taking into account the statutory
considerations, set out in section 125(1)(b) of the Resource Management Act
1991.
- The applicant needs to
obtain all other necessary consents and permits, including those under the
Building Act 2004, and comply with all relevant Council Bylaws. It is further
noted that this consent does not constitute building consent approval. Please
check as to whether or not a building consent is required under the Building Act
2004. If a building consent application is already lodged with Council or has
already been obtained, you are advised that, unless otherwise stated, the use
shall not commence until conditions of this resource consent have been met.
Furthermore, if this consent and its conditions alter or affect a previously
approved building consent for the same project, you are advised that a new
building consent may need to be applied for.
- A copy of this consent
shall be held on site at all times during the establishment and construction
phase of the activity.
- The
consent holder is requested to notify Council, in writing, of their intention to
begin works, a minimum of seven days prior to commencement. Such notification
should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and
include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of
works.
- If you disagree with any
of the above conditions or with any additional charges relating to the
processing of the application, you have a right of objection pursuant to
sections 357A and 357B of the Resource Management Act 1991 which shall be made
in writing to Council within 15 working days of notification of the decision.
Council will as soon as practicable consider the objection at a hearing.
Pursuant to Section 116, the consent will not commence until any objection or
appeal has been withdrawn or decided.
CARRIED
[ATTACHMENT 5.1A]
5.2. 39 & 41 ATKINSON AVENUE, OTAHUHU
That, pursuant to sections 93 and 94 of the Resource
Management Act 1991, this application be processed without notice because:
- Council is not required to notify an application for a
controlled activity (s93(1))
- Council is not required to serve notice of an
application for a controlled activity as Rule 4.3.2.5 of the Plan expressly
provides that notice does not need to be served (s94D(3))
- Council is not required to notify an application for a
restricted discretionary activity as Rule 4.3.2.6 of the Plan expressly provides
that it does not need to be notified (s94D(2))
- Council is not required to serve notice of an
application for a restricted discretionary activity as Rule 4.3.2.5 of the Plan
expressly provides that notice does not need to be served (s94D(3))
- There are no persons considered to be adversely
affected by the proposed excavations (s94(1))
- There are no special circumstances that warrant
notification of the application.
Pursuant to sections 104A and 104C of the Resource
Management Act 1991, the controlled, restricted controlled and restricted
discretionary
activity land use application by Atkinson Avenue Limited
to construct a new apartment building containing 34 residential units that:
- involves development on land known to be subject to
instability (Rule 5D.6.1.1)
- involves the construction of a new building located
within 30m of a Residential 7b zone (Rule 8.7.7)
- involves the construction of a new building in the
Mixed Use zone (Rule 8.7.7)
- includes some parking spaces which do not meet the
minimum dimension requirements (Rule 12.8.1.3)
- involves excavations in the Mixed Use zone (Rule 8.7.7)
- involves approximately 2040m2 of earthworks
on an area with an average slope of approximately 1.4% (Rules 4.3.2.5 & 4A.2)
- involves a shortfall of four car parking spaces (Rule
8.8.10.10)
at 39 and 41 Atkinson Avenue, Otahuhu described as PT
FAIRBURN'S GRANT NO. 269A [CT 553/29] and PT ALLOTMENT 47 DP 22655 [CT 708/258]
be granted consent.
Pursuant to section 113 of the Resource Management Act
1991, the following matters have been taken into account in making the decision
set out above:
Relevant Statutory Provisions
The following provisions of the Resource Management Act
1991 were relevant in the assessment of this application:
- Sections 104, 104A, 104C and 108
Relevant Plan Provisions
The relevant planning documents
considered were:
Auckland City District Plan 1999 - Isthmus Section and in
particular the following:
- Clause 4A.2B (General Rules)
- Clause 5D.6.1 (Natural Hazards)
- Clause 8.7.7 (Mixed Use Zone Activities)
- Clause 8.8.10 (Development Controls for the Mixed Use
Zone)
- Clause 12.8.1.1 (Parking and Loading Standards)
Principal Issues in Contention
The application was not the subject of a contested
hearing as the Council generally concurs with the applicant's assessment.
Accordingly, there were no issues in contention.
Summary of Evidence
This application was not the subject of a contested
hearing. Whilst no evidence has been provided, Council has considered the
following specialists' reports:
- Drawings prepared by Copeland Associates Architects
entitled "39-41 Atkinson Avenue, Otahuhu", dated 20.07.06
Drawings
- RC_100 Revision A - Location Plan
- RC_101 Revision A - Site Plan - Existing with Survey Levels
- RC_102 Revision A - Site Plan - Proposed
- RC_103 Revision A - Landscape Plan
- RC_103 Revision B - Landscape Plan
- RC_104 Revision A - Ground Floor Plan
- RC_105 Revision A - First Floor Plan
- RC_106 Revision A - Second Floor Plan
- RC_107 Revision A - Third Floor Plan
- RC_108 Revision A - Fourth Floor Plan
- RC_109 Revision A - Proposed Sections
- RC_110 Revision A - S-W Elevations
- RC_111 Revision A - N-E Elevations
- Landscape Lighting Plan entitled "Atkinson Ave. Parking Layout 01" showing
illuminance levels on the ground floor and parking areas.
Expert Reports
- The
application planning report entitled "Assessment of Environmental Effects
Construction of a New Apartment Building 39 - 41 Atkinson Avenue, Otahuhu"
prepared by Andrea Brabant of Metro Planning Limited, dated 22 December 2006
- Traffic report entitled "Proposed Residential Apartments Development 39
- 41
Atkinson Avenue, Otahuhu Transportation Assessment" prepared by Mairi Joyce of
T2 Engineers, dated 31 August 2006
- Geotechnical report entitled "Proposed Building at 39 Atkinson Avenue, Otahuhu"
prepared by Foundation Engineering, dated 10 September 2002
- Geotechnical investigation report entitled "Proposed Building Development at 41
Atkinson Avenue, Otahuhu" prepared by Fraser Thomas Limited, dated May 2005
- Earthworks and excavation report entitled "39 - 41 Atkinson Avenue Otahuhu
Excavation and Temporary Retaining resource Consent for New Apartment" prepared
by Harris Foster Consulting Limited, dated November 2006
- Infrastructure report entitled "Infrastructure Assessment 39 - 41 Atkinson
Avenue, Otahuhu" prepared by Law Sue Consultants Limited, dated 22 November 2006
- Acoustic Report entitled "Acoustic Design Report 39 - 41 Atkinson Avenue,
Otahuhu, Auckland" prepared by John Cawley of Kingett Mitchell & Associates
Limited, dated 21 September 2006.
Council Reports
- The
memo entitled "Request for Expert Advice 39 - 41 Atkinson Avenue, Otahuhu -
LUC20070000901" dated 2 April 2007 prepared by Senior Urban Designer, Mr Robert
Lipka on behalf of Council. Further to that, an email from Robert Lipka to
Mahlon Fautua, dated 6 July 2007
- The
memo entitled "39-41 Atkinson Avenue, Otahuhu, LUC20070000901 Traffic Impact
Assessment Review" dated 25 June 2007 prepared by Mr Sam Shumane of Shumane
Consultancy, on behalf of Council
- The
memo entitled "39 - 41 Atkinson Avenue, Otahuhu - Residential Occupation
Acoustics LUC20070000901", dated 10 April 2007 prepared by acoustic specialist,
Mr Jon Styles of JP Styles Limited on behalf of Council
- The
memo dated 18 July 2007 prepared by Raymond Koay and S Paton on behalf of
Council
- Planning report - Council Planner, Mr Mahlon Fautua, has provided a planning
assessment following a review of all submitted expert reports and the
applicant's assessment of environmental effects (AEE).
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
proposed building is significant in scale relative to the built form of the
surrounding area. However, it has been designed to comply with the relevant
development controls of the Mixed Use Zone
- The
applicant has significantly addressed initial concerns from the Urban Design
Panel and Council's urban design staff by implementing measures that are
considered appropriate in terms of the urban design criteria
- Compliance with the construction methodology in conjunction with appropriate and
suitable construction practices should ensure that any potential adverse effects
are avoided during the construction phase. This will also ensure any adverse
effects are managed, specifically construction noise, construction traffic, and
silt and sediment controls
- Infrastructure, such as stormwater services, have the capacity or can be
adequately upgraded to manage the needs of the proposal
- The
traffic generated by the proposed development will be within the capacity of
Atkinson Avenue Road. Further, there are enough car parks on the site to
accommodate demand.
Reasons for the Decision
The
reasons for this restricted discretionary activity consent are as follows:
- In terms of section 104(1)(a) of the Act, and subject to recommended
conditions of consent, any actual and potential effects of allowing the activity
will be no more than minor on the environment.
Any adverse effects will be mitigated by the proposed adopted measures of the
applicant including; suitable construction methods including sediment controls,
an appropriate landscaping scheme and necessary acoustic protection.
- In terms of section 104(1)(b) of the Act, the proposal is consistent
with the relevant policy statements and the objectives and policies of the
Auckland City Operative District Plan - Isthmus Section. Specifically the
proposal is consistent with the relevant objectives and polices of the Mixed Use
zone
- In terms of section 104(1)(c) of the Act, all other matters, that are
relevant in determining the application have been taken into account.
- The
proposal is considered generally consistent with the relevant provisions of Part
II, being the purpose and principles of the Act. The proposal allows an
opportunity to capitalise on residential growth at a suitable intensity,
therefore sustaining a physical resource to ensure that the foreseeable needs of
the future generations are reasonably met. The provision of the new housing is
conducive to assisting population growth.
In
addition, conditions of consent will require that the activity is managed in a
way to avoid, mitigate and remedy and adverse effects and in turn result in the
sustainable management of natural and physical resources.
- The proposed building is significant in scale relative to the built form of the
surrounding area. However, it has been designed to comply with the relevant
development controls of the The applicant has significantly addressed initial concerns from the Urban Design
Panel and Council's urban design staff by implementing measures that are
considered appropriate in terms of the urban design criteria.
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as;
- Drawings prepared by Copeland Associates Architects entitled "39-41 Atkinson
Avenue, Otahuhu", dated 20.07.06
Drawings
- RC_100 Revision A - Location Plan
- RC_101 Revision A - Site Plan - Existing with Survey Levels
- RC_102 Revision A - Site Plan - Proposed
- RC_103 Revision B - Landscape Plan dated 03.05.07
- RC_104 Revision A - Ground Floor Plan
- RC_105 Revision A - First Floor Plan
- RC_106 Revision A - Second Floor Plan
- RC_107 Revision A - Third Floor Plan
- RC_108 Revision A - Fourth Floor Plan
- RC_109 Revision A - Proposed Sections
- RC_110 Revision A - S-W Elevations
- RC_111 Revision A - N-E Elevations
- Landscape lighting plan entitled "Atkinson Ave. Parking Layout 01" showing
illuminance levels on the ground floor and parking areas
- The
application planning report entitled "Assessment of Environmental Effects
Construction of a New Apartment Building 39 - 41 Atkinson Avenue, Otahuhu"
prepared by Andrea Brabant of Metro Planning Limited, dated 22 December 2006
- Traffic report entitled "Proposed Residential Apartments Development 39
- 41
Atkinson Avenue, Otahuhu Transportation Assessment" prepared by Mairi Joyce of
T2 Engineers, dated 31 August 2006
- Geotechnical report entitled "Proposed Building at 39 Atkinson Avenue, Otahuhu"
prepared by Foundation Engineering, dated 10 September 2002
- Geotechnical investigation report entitled "Proposed Building Development at 41
Atkinson Avenue, Otahuhu, dated May 2005
- Earthworks and excavation report entitled "39 - 41 Atkinson Avenue Otahuhu
Excavation and Temporary Retaining resource Consent for New Apartment" prepared
by Harris Foster Consulting Limited, dated November 2006
- Infrastructure report entitled "Infrastructure Assessment 39
- 41 Atkinson
Avenue, Otahuhu" prepared by Law Sue Consultants Limited, dated 22 November 2006
- Acoustic Report entitled "Acoustic Design Report 39 - 41 Atkinson Avenue,
Otahuhu, Auckland" prepared by John Cawley of Kingett Mitchell & Associates
Limited, dated 21 September 2006
- Letter from Andrea Brabant addressed to Todd Webb, dated 24 May 2007
and
referenced by Council as
LUC20070000901.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $800 (inclusive of GST), plus any further monitoring charge
or charges to recover the actual and reasonable costs that have been incurred to
ensure compliance with the conditions attached to this consent. (This charge is
to cover the cost of inspecting the site, carrying out tests, reviewing
conditions, updating files, etc, all being work to ensure compliance with the
resource consent).
The $800 (inclusive of GST) charge shall be paid as part of the
resource consent fee and the consent holder will be advised of the further
monitoring charge or charges as they fall due. Such further charges are to be
paid within one month of the date of invoice.
Construction Management Plan
- Prior to commencement of any works on the site, the consent holder
shall submit a Construction Management Plan to the satisfaction of the Council
(Resource Consent Monitoring Leader). The Construction Management Plan shall
include specific details relating to avoiding, remedying or mitigating adverse
effects on the environment of the demolition, earthworks, construction and
management of all works associated with this development as follows:
- Details of the site manager, including their contact details (phone, fascimile, postal address;
- The location of a large noticeboard on the site that clearly identifies the
name, telephone number and address for service of the site manager;
- Measures to be adopted to maintain the site in a tidy condition in
terms of disposal/storage of rubbish, storage and unloading of building
materials and similar construction activities;
- Ingress and egress to and from the site for vehicles and construction
machinery during site works period.
- Proposed location of any wheel-wash facilities.
- Proposed numbers and timing of truck movements throughout the day and
the proposed routes.
- Proposed hours of work on the site (NB: hours shall correspond with
any other condition in this consent relating to working hours).
The above details shall be shown on a site plan and supporting documentation as
appropriate. The approved Construction Management Plan shall be implemented and
maintained throughout the entire demolition and construction period.
Construction Traffic Management Plan
- Prior to commencement of any works on the site, the consent holder
shall submit a construction traffic management plan for the approval of the
Council (Manager, Transport - Assets and Operations).
The construction traffic management plan shall show, but not limited
to, the location of on-site storage and contractor parking areas.
Finishing
- Details of all materials, colours and finishes (including glazing) of the
buildings shall be provided to the satisfaction and approval of the Council
(Resource Consent Monitoring Leader and Auckland City Environments Urban Design
staff) prior to construction commencing
Construction Noise
- All construction noise shall be assessed in accordance with the
provisions of New Zealand Standard NZS6803:1999 Acoustics - Construction Noise,
and shall comply with the noise limits specified for "long term duration"
activities.
- Prior to the commencement of construction activities, (including site
preparation works) the consent holder shall submit to the Council (Resource
Consents Monitoring Leader), a construction noise management plan that details
the following:
- The final construction methodology, including equipment to be used
and estimated noise levels; and
- The regime for noise monitoring for the duration of the works likely
to approach or exceed the relevant noise limits; and
- Specific noise mitigation measures, [such as, (but not limited to)
screening or alternative equipment etc.] where noise levels are predicted or
demonstrated to approach or exceed the relevant limits; and
- A procedure for the receipt and management of complaints regarding
noise generated by the works. The procedures should specify the person(s)
responsible for maintaining a complaints register as well as the standard
procedure to be followed to resolve the complaints, and how this will be
reported to the Council.
- A list of person(s) and their contact details on the site that are
responsible for overseeing the works, monitoring and complaint receipt and
responses.
Earthworks and Excavations
- The
consent holder shall ensure that all earthworks are carried out under the
supervision of a chartered engineer experienced in geotechnical engineering and
familiar with the geotechnical reports prepared by Fraser Thomas Consultant
Engineers Ltd, dated November 2006, reference BCA5749 and Foundation Engineering
Ltd. dated 10th September 2002, reference 10294 to the satisfaction of Council (Resource Consent Monitoring
Leader).
- On
completion of the earthworks, the consent holder shall provide a certified
completion geotechnical report from a chartered engineer experienced in
geotechnical engineering. This shall be provided to
Council (Resource Consent Monitoring Leader)
within one month of completion of earthworks and foundation construction. As
built plans showing the extent of the cut and fill, areas shall also be
included.
- The
consent holder shall take all necessary measures to control silt-contaminated
stormwater at all times during the earthworks and during building development in
accordance with Annexure 14 of the
Operative Auckland City District Plan 1999 (Isthmus Section) to the satisfaction
of
Council (Resource Consent Monitoring Leader).
- The
consent holder shall install a stabilised entry/exit point with wheel wash
facilities to minimise any contamination of the road and drainage systems
to the satisfaction of Council (Resource Consent Monitoring
Leader).
Note: Guidance for satisfying this can be obtained from Annexure 14
of the Annexure 14 of the
Operative Auckland City District Plan 1999 (Isthmus Section) or
Section 1.8 "Stabilised Construction Entrances" in Auckland Regional Council
Publication No 90.
Drainage
- The
consent holder shall implement an on-site stormwater detention tank or suitable
equivalent as part of the private drainage reticulation. The final detail shall
be provided with the building consent application. The ' stormwater system
details including final connection points for drainage and water supply, shall
be to the provided to Council (Resource Consent Monitoring Leader)
Note: upgrades to pump station capacity and/or other infrastructure
upgrades may be required at a cost to the Consent Holder. Further details shall
be provided with the building consent application. Alternative stormwater
arrangements shall be on advice from Metrowater.
Acoustic Privacy
- The
consent holder shall ensure that the following internal noise levels within
residential units are achieved:
- In all bedrooms:
10.00 pm - 7.00 am, no more than 35dBA (L10)
7.00 am - 10.00 pm, no more than 45dBA (L10)
- In all other habitable rooms:
no
more than 45dBA (L10)
- The consent holder shall, prior to the commencement of construction
works, submit to the satisfaction of the Council (Resource Consent Monitoring
Leader), a report from a suitably qualified acoustic engineer that;
- Confirms that the building has been built to achieve the above requirements
- Confirming all bedrooms and other habitable rooms will be adequately ventilated
in accordance with the Building Code.
- After completion of the construction of the building, the consent
holder shall submit a report to the satisfaction of Council (Resource Consent
Monitoring Leader), that is signed by a suitably qualified engineer, and which
certifies that the building has been built in compliance with the noise and
ventilation requirements in conditions (13) and (14).
- In assessing compliance with the ventilation requirements of the Building Code
for the purposes of condition (14), no source or means of ventilation shall be
taken into account unless it is available at all times while achieving the
internal noise levels required under condition (13). Methods such as adjustable
doors, windows or louvres may not be relied upon to meet the ventilation
requirements of the Building Code if they can be adjusted to allow internal
noise levels to exceed those specified in condition (13)
- Any report signed by an engineer in accordance with condition (14), shall not be
deemed to be a producer statement or building certificate under the Building Act
2004, or relied upon by the Council for the purposes of under the Building Act
2004
- The noise shall be measured with a sound level meter complying at least with the
International Standard IEC 651 (1979): Sound Level Meter, Type 1.
Front Yard Setback
and Landscaping
- The
consent holder shall make any necessary amendments to the design of the proposed
building to ensure that the building complies (taking into account the Building
Line Restriction for Road Widening affecting the site ref [I14-20]) with rules
8.8.10.3 and 8.8.10.4 of the Operative Auckland City District Plan 1999 (Isthmus
Section) to the satisfaction of Council (Resource Consents Monitoring Leader).
Licensed Cadastral Surveyor Certificate
- The consent holder shall engage a
licensed cadastral surveyor
to certify to Council (Resource Consents Monitoring Leader) in writing prior to work progressing beyond
the foundation and the roof framing stage that either:
- work completed to this stage is in accordance with the levels and
dimensions on approved plans; OR
- there are differences to approved plans in levels and dimensions of
work completed to this stage, but the differences do not breach the Operative
Auckland City District Plan 1999 (Isthmus Section), provided that what remains
to be built beyond this stage will be built in accordance with approved plans.
In the event of (b), the certificate shall also specify the
differences. In either event, work shall not proceed beyond this stage until
receipt of the above required certificate to the satisfaction of
Council (Resource Consents Monitoring Leader).
Traffic and
Parking
- The consent holder shall ensure that the first speed hump from the
entrance point is placed 5.0 metres inside the ramp from Atkinson Avenue
boundary.
- The consent holder shall install the necessary road markings and signs
throughout the parking area to enforce the one-way circulation system.
- The consent shall install painted hatching in the area of car park
between the lift and refuse area to move exiting vehicles as far to the right
(as they exit) as practicably possible to ensure full view of entering vehicles
and pedestrians.
- The consent holder shall provide the necessary head clearances for a
single unit truck be along the full circulation route.
- The consent holder shall ensure that all redundant vehicle crossings
are removed and kerb, channel and footpaths are reinstated to Auckland City's
standard and at the applicant's cost.
- The consent holder shall install appropriate pedestrian warning
devices at the entrance to the parking area.
- The consent holder shall identify and mark out three visitor car
parking spaces to the satisfaction of the
Council (Resource Consents Monitoring Leader).
Operational Noise
- Prior to occupation of the building and as soon as practicable, (from
the commencement of construction works) the consent holder shall erect a 1.8m
high acoustically effective fence along the entire length of the southern
boundary of the site. The fence shall have no gaps along its length or at its
base, (if timber palings are used, these may need overlapping to prevent gaps
appearing in the case of shrinking timber) and shall be constructed of a
material with a surface density of no less than 10kg/m2. The fence shall be
maintained as an effective acoustic screen for the duration that the consent is
given effect to.
Laundry Facilities
- The consent
holder shall ensure all drying facilities are screened or visually separated
from view of the public road
Waste Management Plan
- Prior
to the commencement of construction, a copy of a waste management plan shall be
lodged with the Council by the consent holder which shall include collection
details. The required plan shall be prepared to the satisfaction of the Council
(Resource Consents Monitoring Leader) and shall be in accordance with the
Council's waste reduction policy.
Landscape Plan
- Prior to construction commencing, an
updated detailed landscape plan shall be submitted to the satisfaction of
Council (Resource Consents Monitoring Leader).
Such a plan shall also be consistent with the landscaping plan
(Drawing RC_103 Revision B) submitted with the application. The plan shall
specify the proposed location, species, sizes (including heights and Pb size)
that are intended to be provided. This shall be implemented and maintained
thereafter.
Amalgamation of Lots
- Prior
to construction commencing the lots (PT
FAIRBURN'S GRANT NO. 269A [CT 553/29] and PT ALLOTMENT 47 DP 22655 [CT 708/258]) shall
be held together as one site in such a way that they cannot be disposed of
independently without the prior consent of Council. Written confirmation thereof
shall be provided to the Council (Resource Consents Monitoring Leader), prior to
the commencement of construction.
Landscaping Bond
- Prior to the commencement of work on the site the consent holder shall lodge the
sum of $15,000 with the Council as security for the performance of condition
(28).
- The consent holder shall either lodge the bonded sum with the
Council as a cash deposit or execute a guaranteed bond agreement, with a
registered trading bank as the surety.
- The bond document shall be prepared by the Council. The consent
holder shall pay to the Council any costs incurred by the Council in relation to
the preparation, execution, variation or release of the bond.
- The bond shall be held for a minimum period of 18 months from the
date of planting. The bond shall be released when, in the opinion of the Council
(Resource Consents Monitoring Leader), condition (28) has been satisfied, and
the consent holder has paid the Council's costs.
ADVICE NOTES
Life of Consent
- Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire five years after the date of commencement of consent unless,
before the consent lapses;
- the consent is given effect to; or
- an application is made to the consent authority to extend the period of the
consent, and the consent authority decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
Building Line Restriction
- The Consent holder is advised that the written approval of the
requiring authority must be obtained in relation the Building Line Restriction.
Furthermore, the consent holder is advised that compliance with the necessary
yard and landscaping requirements must still be complied.
- The consent holder is advised that part 13 of the Operative District
Plan 1999 (Isthmus Section) states that the front yard "means a yard between the
road and a line parallel thereto, extending across the full width of the site,
(except that where any building line is shown on Planning Map No. 2 this line
shall be substituted for the existing road line)".
Development Engineering
- The applicant need to check if the stormwater from the development
can be disposed off via the existing public stormwater manhole NN6824 located at
35 Atkinson Avenue. This public stormwater manhole is located on ground higher
than the proposed site at 39 Atkinson Avenue. Neighbour's consent shall be
required to connect a private stormwater line to the existing public stormwater
manhole. An easement may need to be created on 35 Atkinson Avenue for stormwater
drainage.
- The Consent Holder shall be advised that boosting or pumping of
public water supply may be required to address any shortfall in the adjacent
public water supply.
- The Consent Holder shall be advised of the clearance and protection
requirements stipulated in the ACC/Metrowater Development & Connection Standards
Manual issued 2005.
- The applicant needs to obtain all other necessary consents and
permits, including those under the Building Act 2004, and comply with all
relevant Council Bylaws. It is further noted that this consent does not
constitute building consent approval. Please check as to whether or not a
building consent is required under the Building Act 2004. If a building consent
application is already lodged with Council or has already been obtained, you are
advised that, unless otherwise stated, the use shall not commence until
conditions of this resource consent have been met. Furthermore, if this consent
and its conditions alter or affect a previously approved building consent for
the same project, you are advised that a new building consent may need to be
applied for.
General
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Resource Consents Monitoring Leader
(fax: 353 9186) and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- If you disagree with any of the above conditions or with any
additional charges relating to the processing of the application, you have a
right of objection pursuant to sections 357A and 357B of the Resource Management
Act 1991 which shall be made in writing to Council within 15 working days of
notification of the decision. Council will as soon as practicable consider the
objection at a hearing. Pursuant to Section 116, the consent will not commence
until any objection or appeal has been withdrawn or decided.
Development Contribution
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
is payable on this proposal. A notice of assessment will be sent out which
outlines the quantum of the contribution payable for this consent. Please note
that with respect to this development, building consents will not be released,
code of compliance certificates will not be issued, and Section 224(c)
certificates for subdivisions will not be issued until the development
contribution is paid.
If further consents are applied for in respect of this development,
the contribution amount may be re-calculated at that time. Please contact the
Development Contributions team for any queries in this regard.
- The Committee notes that the applicant has offered to consider
installing solar heating for the apartments in this development and to continue
to work with the Council's urban designer on other sustainable building
elements.
CARRIED
[ATTACHMENTS 5.2A & 5.2B]
Note:
Cr C Caughey and Cr G Fryer requested that their votes against the Section
93/94 notification decision only be recorded.
5.3. 272 RICHMOND ROAD, GREY LYNN
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without notice because:
- The
adverse effects of the activity on the environment will be minor
- No
persons are considered to be adversely affected.
That,
pursuant to section 94C, there are no special circumstances to warrant
notification.
Pursuant to section 104B of the Resource Management Act 1991, the discretionary
activity land use application by Mitre 10 NZ
Limited to establish a 'Mitre 10' building improvement and hire centre
and garden centre utilising the existing parking, access and buildings on-site
that:
- Involves the establishment of a new activity that gains access within a defined
road boundary
- Involves a shortfall of 33 parking spaces where 70 parking spaces are required
at
272 Richmond Road,
Grey Lynn described as
PT LOT 3 DP 69377, CT 25B/1260 be
granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B and 108 (discretionary activity)
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Rule
12.8.1.2 - Parking Shortfall;
- Rule
12.8.2.6 and Section 12.9.1.1 of the Operative District Plan - Access within a
Defined Road Boundary;
- Clause 8.6.4 - Business 4 zone Objectives and Policies.
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment.
However, it is Council policy to have all applications within business zones
that have a parking shortfall that exceeds six spaces determined by the Planning
Fixtures Committee.
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following specialists' reports:
- Plans
entitled "Mitre 10 Store Design", sheets entitled "Elevations Sht 1.02 Rev B,
Bulk & Location Sht 1.01 Rev N and Existing Site Plan Sht 1.01", all date
stamped 30 January 2007
- The
Assessment of Effects prepared by Yvonne Lane of Planning Focus Limited, dated
24 January 2007
- The
Traffic Impact Assessment completed by P R Brown of TEAM Limited, dated January
2007
- Traffic review by Ms Ida Hawkins of SKM Limited, dated 14 May 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- This
application is for a 'building improvement and hire centre' and a 'garden
centre' which are permitted activities in the Business 4 Zone and not for bulk
retail
- The
proposal will generate minor adverse traffic and parking effects that are
considered to be of a level that will be indiscernible to road users
- The
surrounding road network is considered able to accommodate the anticipated
traffic generated by the proposal
- The
proposed car parking on-site (being 37 spaces) is considered to be adequate for
the likely actual demand generated by the proposed home improvement centre
- The
proposal is considered to generate no adverse dominance, shadowing, amenity and
streetscape effects due to the proposal utilising existing parking, access and
buildings on-site, therefore the bulk and appearance of the site remains
relatively unchanged from what is in the existing environment. The only change
being signage and painting of the facades of the existing building
- The proposed signs are considered to be of a size and number that are
appropriate for a building of this size and reflect the commercial nature of the
zone and that of the surrounding area.
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the applicant's proposal will have minor
traffic and parking effects on the environment.
- The granting of consent to the applicant's proposal is consistent with
the relevant assessment criteria for discretionary activities, and in particular
those relating to:
- Activities on a site within a defined road boundary
- A
shortfall of over six car parking spaces (33 in total).
- The imposition of the following conditions will ensure that the proposal
is constructed in accordance with the submitted plans.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purpose
of the Resource Management Act 1991.
- This application is for a "building improvement and hire centre" and
a "garden centre" which are permitted activities in the Business 4 Zone and not
for bulk retail.
- The proposed signs are considered to be of a size and number that are
appropriate for a building of this size and reflect the commercial nature of the
zone and that of the surrounding area.
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application. Those being:
- Plans
entitled "Mitre 10 Store Design", sheets entitled "Elevations Sht 1.02 Rev B,
Bulk & Location Sht 1.01 Rev N and Existing Site Plan Sht 1.01", all date
stamped 30 January 2007
all referenced by Council as
LUC20060444301.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $381.44 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The $381.44 (inclusive of GST) charge shall be paid as part of the
resource consent fee and the consent holder will be advised of the further
monitoring charge or charges as they fall due. Such further charges are to be
paid within one month of the date of invoice.
Parking and Access Gradients
- At the completion of the proposal, the consent holder shall provide
confirmation that all car parking, access, manoeuvring and vehicle circulation
areas on the subject site comply with the grade requirements stipulated under
Part 12 of the Operative District Plan 1999 - Isthmus Section. This shall be
done to the satisfaction of Council (Resource Consents Monitoring Leader).
Signage
- There shall be no further signage other than that shown in this
application permitted on this site, including sandwich board signage.
Landscaping
- That a landscape plan for the boundary along the Westmoreland Street
West be submitted prior to occupation of the building,
to the satisfaction of Council (Resource Consents Monitoring Leader).
Such a plan shall specify the proposed location, species, sizes
(including heights and Pb size) of the plants that are intended to be provided.
This shall be implemented and maintained thereafter.
ADVICE NOTES
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
is payable on this proposal. A notice of assessment will be sent out which
outlines the quantum of the contribution payable for this consent. Please note
that with respect to this development, building consents will not be released,
code of compliance certificates will not be issued, and Section 224(c)
certificates for subdivisions will not be issued until the development
contribution is paid.
- Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire five years after the date of commencement of consent unless,
before the consent lapses;
- the consent is given effect to; or
- an application is made to the consent authority to extend the period of the
consent, and the consent authority decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
- The applicant needs to obtain all other necessary consents and
permits, including those under the Building Act 2004, and comply with all
relevant Council Bylaws. It is further noted that this consent does not
constitute building consent approval. Please check as to whether or not a
building consent is required under the Building Act 2004. If a building consent
application is already lodged with Council or has already been obtained, you are
advised that, unless otherwise stated, the use shall not commence until
conditions of this resource consent have been met. Furthermore, if this consent
and its conditions alter or affect a previously approved building consent for
the same project, you are advised that a new building consent may need to be
applied for.
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader, Compliance Monitoring (fax:
353 9052) and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- If you disagree with any of the above conditions or with any
additional charges relating to the processing of the application, you have a
right of objection pursuant to sections 357A and 357B of the Resource Management
Act 1991 which shall be made in writing to Council within 15 working days of
notification of the decision. Council will as soon as practicable consider the
objection at a hearing. Pursuant to Section 116, the consent will not commence
until any objection or appeal has been withdrawn or decided.
CARRIED
5.4. 734-746 DOMINION ROAD, MOUNT EDEN
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without notice because:
- The
proposed activity will have no adverse effects, and
- Written approval has been given by every person who may be adversely affected by
the activity,
That,
pursuant to section 94C of the Resource Management Act 1991, there are no
special circumstances to warrant public notification of the application
Pursuant to sections 104B and 127 of the Resource Management Act 1991, the
application by Mobil Oil New Zealand
to change conditions 1 and 58 of resource consent LUC20050432501 that also
requires consent as it:
- Infringes the 2m + 45º building in relation to boundary control by a maximum
vertical height of one metre over a maximum horizontal length of 36.43 metres as
it relates to the eastern boundary
at
734-736 Dominion Road, Mt Eden,
legally described as LOTS 43-44 DP 6793 on CT 19C/1488, and 746 Dominion Road,
Mt Eden, legally described as LOT 45 DP 6793, LOT 1, 2 & 4 DP 16244 and LOT 3
DP 16244, on CT-48C/777, CT-1071/128 and CT-364/297, be
granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B, 108 and 127
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section and in particular the
following:
- Clause 4.3.1.2B (Development Control Modification); and
- Clause 8.6.2 (Objectives and Policies of the Business 2 Zone).
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment. Accordingly, there were no issues in
contention.
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following:
- All
application materials relating to approved resource consent LUC20050432501
- The
Assessment of Effects prepared by Chris Horne of Incite (Auckland) Limited,
dated May 2007
- The
plan entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address: 734
Dominion Road, Mt Eden, Auckland, Drawing Title: Boundary Wall Layout Plan and
Sections", drawing number: DRG-DES-NZ01-002047-S-01 (REV. NO. 1).
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
applicant proposes erecting a three metre high concrete block wall along the
eastern boundary of two sites at 734-746 Dominion Road, Mt Eden
- The
proposal will have minor actual and potential effects on the environment
- The
proposal is considered consistent with the relevant objectives and policies of
the Auckland City District Plan 1999 - Isthmus Section
- A two
metre high wall was consented to along the part of the boundary adjoining 121
and 121A Marsden Avenue, Balmoral under the previous resource consent granted
on 11 September 2006
- The
owners of 121 and 121A Marsden Avenue, Balmoral have provided written approval
for the application
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the applicant's proposal will have minor effects on
the environment. In particular, the proposal will have no adverse shadowing,
dominance, privacy, streetscape and noise effects and will have a positive
amenity effect on 121/121A Marsden Avenue, Balmoral.
- The granting of consent to the applicant's proposal is consistent with the
relevant assessment criteria for discretionary activities, and, in particular,
those relating to development control modifications.
- The applicant's proposal is consistent with the objectives and policies of the
Operative District Plan, and the sustainable management purpose of the Resource
Management Act 1991.
- A two metre high wall was consented to along the part of the boundary
adjoining 121 and 121A Marsden Avenue, Balmoral was consented to under the
previous resource consent granted on 11 September 2006.
- The owners of 121 and 121A Marsden Avenue, Balmoral have provided
written approval for the application.
Pursuant to section 127, condition (1) of resource consent LUC20050432501 be
amended to read (changes in italics):
- The proposed activity shall be carried out in accordance with the
plans described as:
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Plot Plan", drawing number:
DRG-DES-NZ01-002047-A01 (REV. NO. H), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Proposed Site Layout Plan",
drawing number: DRG-DES-NZ01-002047-A02 (REV. NO. J), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Existing Site Services and
Demolition Plan", drawing number: DRG-DES-NZ01-002047-A03 (REV. NO. G), date
stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Site Elevations", drawing
number: DRG-DES-NZ01-002047-A04 (REV. NO. H), date stamped 15 March 2006
provided that this plan is amended to show the small oval "On the Run" (OtR2) on
the western side of the salesroom doors
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Landscape Plan", drawing
number: DRG-DES-NZ01-002047-A05 (REV. NO. L), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Signage Plan", drawing
number: DRG-DES-NZ01-002047-A06 (REV. NO. J), date stamped 23 June 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Signage Details", drawing
number: DRG-DES-NZ01-002047-A07 (REV. NO. G), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Wash & Run Carwash Standard Signages", drawing number: DRG-DES-NZ01-002047-A08 (REV. NO. F), date stamped 15
March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Proposed Site Grading
Plan", drawing number: DRG-DES-NZ01-002047-C01 (REV. NO. F), date stamped 15
March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Site Cross Sections",
drawing number: DRG-DES-NZ01-002047-C02 (REV. NO. E), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address: 734
Dominion Road, Mt Eden, Auckland, Drawing Title: Proposed Pavement Plan",
drawing number: DRG-DES-NZ01-002047-C03 (REV. NO. F), date stamped 15 March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Proposed Drainage Layout
Plan", drawing number: DRG-DES-NZ01-002047-C04 (REV. NO. G), date stamped 15
March 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Existing Neighbouring
Property Proposed Works to Existing Block Wall", drawing number:
DRG-DES-NZ01-002047-SK14 (REV. NO. D), date stamped 15 March 2006
- Entitled "Mobil Dominion Road, 734-736 Dominion Road, Proposed
Layout", Prepared by Traffic Design Group, drawing number: 7413A2J-Sht2, dated
23 August 2006, and in the evidence presented by Brett Harries
- Entitled "Equipment Layout Plan", drawing number: DRG-STD06-NZ-A107
(REV. NO. 2), dated 21 February 2006 and date stamped 24 August 2006
- Entitled "Site Name/No: Mobil Dominion Road O 02047, Site Address:
734 Dominion Road, Mt Eden, Auckland, Drawing Title: Boundary Wall Layout Plan
and Sections", drawing number: DRG-DES-NZ01-002047-S-01 (REV. NO. 1) - this Plan
relates to the boundary wall on the common boundary with 121 and 121A Marsden
Ave.
and all information submitted with the application, being described
as:
- Assessment of effects entitled "Assessment of Environmental Effects,
Mobil Oil New Zealand Limited, Service Station Redevelopment, Mobil Dominion
Road 734-756 Dominion Road, Balmoral", including Appendices A through K,
prepared by Chris Horne of Incite (Auckland) Limited, dated June 2005 and date
stamped 5 July 2005
- Noise assessment entitled "Mobil Dominion Road Service Station
Assessment of Noise Effects", prepared by Christophe Delaire and Curt Robinson
of Marshal Day Acoustics Limited, dated 28 June 2005
- Traffic impact assessment entitled "Mobil Dominion Road, Proposed
Redevelopment, Transportation Assessment, October 2005", by Mathew Hickson of
Traffic Design Group Limited, dated October 2005
- Lighting assessment titled "Electrical Services, Mobil Dominion
Road, Lighting Design Report, Proposed Alterations Cnr. Dominion Road & Marsden
Avenue", by Russ Kern of Kern Consultants Limited, dated 29 May 2005
- Arborist's assessment entitled "Mobil Oil New Zealand Limited
-
734-736 Dominion Road, Mt Eden", by Karl Burgisser of Arborlab Consultancy
Services Limited, dated 30 May 2005
and all additional information, being described as;
- Letter entitled "Mobil Dominion Road Service Station - Resource
Consent Application No. LUC20050432501" (5 pages), by Curt Robinson of Marshall
Day Acoustics Limited, dated 13 October 2005
- Letter entitled "Mobil Dominion Road, Response to Further
Information Requests" (5 pages), by Chris Horne of Incite (Auckland) Limited,
dated 14 October 2005
- Geotechnical report entitled "Dominion Road Service Station,
Geotechnical Investigation and Assessment Report" , by Sinclair Knight Merz
Limited, dated 22 December 2005
- Letter entitled "Mobil Dominion Road, Response to Further
Information Request" (2 pages), by Bal Matheson and Mathew Gribben of Russell
McVeagh, dated 23 December 2005
- Traffic assessment entitled "Mobil Dominion Road Redevelopment,
734-736 Dominion Road, Mt Roskill: Council Reference: LUC20050432501" (6 pages
including 1 A3 size plan showing pedestrian visibility at Marsden Avenue
access), by Mathew Hickson of Traffic Design Group Limited, dated 2 February
2006
- Letter entitled "Mobil Dominion Road - Electrical Services
Additional Information for Consent" (3 pages) , by Russ Kern of Kern Consultants
Limited, dated 10 May 2006
- Letter entitled "LUC20050432501, Mobil Dominion Road: Response to
Request for Further Information" (3 pages), by Chris Horne of Incite (Auckland)
Limited, dated 4 April 2006
- Letter entitled "Mobil Dominion Road Service Station - Resource
Consent Application No. LUC20050432501" (2 pages), by Curt Robinson of Marshall
Day Acoustics Limited, dated 4 April 2006
and
all referenced by Council as
LUC20050432501
Pursuant to section 127, condition (58) of resource consent LUC20050432501 be
amended to read (changes in italics):
- The site boundary walls shall be constructed in general accordance
with the plans described as;
- Entitled, "Site Name/No: Mobil Dominion Road O 02047, Site Address: 734 Dominion
Road, Mt Eden, Auckland, Drawing Title: Existing Neighbouring Property Proposed
Works to Existing Block Wall", drawing number: DRG-DES-NZ01-002047-SK14 (REV.
NO. D), date stamped 24 August 2006 and referenced by Council as LUC20050432501,
and that the common boundary wall between 121/12A Marsden Avenue and the
application site shall be constructed as per the plan with the drawing title:
Boundary Wall Layout Plan and Sections, Drawing Number: DRG-DES-NZ01-002047-S-01
(REV. NO. 1).
If required, the boundary wall between the subject site and 732
Dominion Road shall be increased in height to ensure that sightlines between the
existing windows on the southern side of the dwelling at 732 Dominion Road and
buildings on the subject site are completely obscured.
ADVICE NOTES
- Please be advised that this consent is to be read in conjunction with
the originally approved consent, and that this consent does not negate the need
to comply with the balance of the conditions of consent.
CARRIED
5.5. 510 MOUNT WELLINGTON HIGHWAY, MOUNT WELLINGTON
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without notice because:
- The
adverse effects of the activity on the environment will be minor
- There
are no persons considered to be adversely affected by the activity.
That,
pursuant to section 94C of the Resource Management Act 1991, there are no
special circumstances to warrant public notification of the application.
Pursuant to section 104B of the Resource Management Act 1991, the discretionary
activity land use application by Fuelquip NZ
Ltd to upgrade the existing drainage system and resurface the cobblestone
forecourt of the Shell service station that:
- Involves the location of an activity on a contaminated site
at
510 Mount Wellington Highway,
Mount Wellington described as
LOT 1 DP 104190 & LOT 2 DP 103564, CT
119D/702 be granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B (discretionary activity), 108 and Part 11.
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section and in particular the
following:
- Clause 5E.7.4.2 (Applications to Redevelop or Use a Contaminated Site)
- Clause 8.7.3.3 (Additional Criteria for Specified Activities - Service Stations)
- Clause 8.6.5.1 (Business 5 Zone Objectives and Policies).
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment. Accordingly, there were no issues in
contention.
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following specialists' reports:
- The
Assessment of Effects prepared by Incite (Auckland) on behalf of ECL Engineering
Design (Fuelquip), dated December 2006, date stamped by Council 9 May 2007
- The
Environmental Management and Emergency Response Plan prepared by Garry Houltham
of ECL Engineering Design (Fuelquip), dated January 2007, date stamped by
Council 9 May 2007
- The
Hazardous Operation Plan prepared by Garry Houltham of ECL Engineering Design
(Fuelquip), dated January 2007, date stamped by Council 9 May 2007
- The
correspondence between Steve Luck, Elaine Paterson and Margrit de Man, dated 17
July 2007
- The
memo prepared by Scott Paton of Auckland City Council, dated 5 July 2007
- The
memo prepared by Ruben Naidoo of Auckland City Council, dated 25 June 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
proposed surfacing and drainage works will result in no more than a minor
increase to the stormwater runoff currently created by the existing environment.
In addition, the proposed works will have no more than minor noise, dust and
vibration effects limited to the subject site. These effects are considered to
be temporary
- The
proposed resurfacing and drainage upgrade will result in no change to the
existing buildings and structures on the subject site. The proposal will have
the positive effect of reducing further underlying soil contamination through
the upgraded drainage system and concrete surface
- The applicant will undertake an environmental site assessment in conjunction
with the implementation of this consent (should consent be granted), in order to
determine whether further remediation work is required on the site.
- The Council's Development Engineer has concluded that the "potential effects on
adjacent sites and the environment from an earthworks and drainage perspective
are unlikely to be more than minor".
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the applicant's proposal will have no more
than minor effects on the environment. In particular, the proposal will result
in a minor increase to the existing stormwater runoff currently present on the
site. The proposed new drainage system will ensure that surface contaminants and
stormwater are filtered and discharged to ground in an appropriate manner.
Furthermore, temporary and minor construction effects will be no more than minor
and limited to the subject site.
- The granting of consent to the applicant's proposal is consistent with
the relevant assessment criteria for discretionary activities; in particular,
activities located on contaminated or potentially contaminated sites.
- The
imposition of the following conditions will ensure that the adverse effects of
the proposal are no more than minor, and that appropriate steps are taken to
ensure that any site contamination above acceptable levels will be remediated.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purpose
of the Resource Management Act 1991.
- The Council's Development Engineer has concluded that the "potential
effects on adjacent sites and the environment from an earthworks and drainage
perspective are unlikely to be more than minor".
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as:
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Existing Site Layout, drawn by Garry Houltham of ECL Engineering Design
(Fuelquip), drawing number RT160179_001, issue B, dated 21/11/06, date stamped
by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Demolition Drawing, drawn by Garry Houltham of ECL Engineering Design
(Fuelquip), drawing number RT160179_001_1, issue A, dated 01/05/07, date stamped
by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Leased Areas, drawn by Garry Houltham of ECL Engineering Design (Fuelquip),
drawing number RT160179_001_2, issue A, dated 05/12/06, date stamped by Council
9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Contours and Levels, drawn by Garry Houltham of ECL Engineering Design
(Fuelquip), drawing number RT160179_001_3, issue A, dated 24/11/06, date stamped
by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Proposed Site Layout (All Services), drawn by Garry Houltham of ECL Engineering
Design (Fuelquip), drawing number RT160179_002, issue B, dated 04/12/06, date
stamped by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Drainage and Catchment Layout, drawn by Garry Houltham of ECL Engineering Design
(Fuelquip), drawing number RT160179_001_2, issue B, dated 04/12/06, date stamped
by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Paving Layout, drawn by Garry Houltham of ECL Engineering Design (Fuelquip),
drawing number RT160179_001_4, issue B, dated 04/12/06, date stamped by Council
9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Civil
Details, drawn by Garry Houltham of ECL Engineering Design (Fuelquip), drawing
number RT160179_004, issue B, dated 09/01/07, date stamped by Council 9 May 2007
- 'Shell Repco: 510 Mt Wellington Highway, Auckland',
Civil
Details, drawn by Garry Houltham of ECL Engineering Design (Fuelquip), drawing
number RT160179_004_1, issue B, dated 09/01/07, date stamped by Council 9 May
2007
all referenced by Council as
LUC20070317901.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $500.00 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The $500.00 (inclusive of GST) charge shall be paid as part of the
resource consent fee and the consent holder will be advised of the further
monitoring charge or charges as they fall due. Such further charges are to be
paid within one month of the date of invoice.
Construction and Stormwater
- All demolition, earthworks and construction works shall be restricted
to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm
Saturday. No such work shall occur on Sundays or public holidays.
- Earthworks and drainage construction shall follow the recommendations
of ECL Engineering Design Ltd's Assessment of Effects dated December 2006.
- Maintenance of drainage fixtures shall be undertaken as recommended
by ECL Engineering Design Ltd's Environmental Management and Emergency Response
Plan dated January 2007.
- Disposal of stormwater for this development shall be to on-site
soakage complying with the requirements of Auckland City Council Soakage Design
Manual issued February 2003. Final soakage tests and designs shall be submitted
with the Building Consent Application. Details shall be to the satisfaction of
Auckland City Council Development Engineering. Modifications required by ARC
that need to be included in the design are also acceptable.
Site
Contamination
- The consent holder shall, in conjunction with the proposed concrete
repaving works, undertake a site contamination investigation to determine the
nature and extent of the potential contamination and shall provide a site
contamination report to the satisfaction of the Resource Consent Monitoring
Leader, Auckland City Environments, prior to the resurfacing of the site.
- If the concentration of contaminants on the site exceed the Tier 1
Soil Acceptance Criteria as specified in 'Guidelines for Assessing and Managing
Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the
Environment, 1999', the consent holder shall submit a remediation action plan
to the satisfaction of the Resource Consent Monitoring Leader, Auckland City
Environments, and shall undertake the following:
- Obtain the necessary resource consent for remediation of a
contaminated site
- Shall undertake remediation works in accordance with the approved
remediation action plan
- If necessary, submit a Health and Safety Plan, to the satisfaction of
the Resource Consent Monitoring Team Leader, for the works involved in the
excavation, providing details of how the effects of the contaminated material
will be minimised, in accordance with 'The Cleanup of Contaminated Sites,
Occupational Safety & Health Service, Department of Labour, 1994'
- Within three months following completion of remediation works, the
consent holder shall undertake a validation exercise. This will confirm the
performance of the remediation works and identify residual contamination at the
site. A Site Validation Report shall be provided to the satisfaction of the
Resource Consent Monitoring Leader. The Site Validation Report shall include,
where applicable the following but not limited to:
- Soil test results for the excavated areas and capping materials (if
any)
- Scaled plans (plan and elevation views) showing the location and
containment details (if any) of any contaminated materials relocated on
the site
- An on-going monitoring and management plan
- Evidence of disposal of contaminated material in an approved
facility.
- The above-mentioned reports and plans shall be prepared in accordance
with the 'Contaminated Site Management Guidelines No. 1 Guidelines for Reporting
on Contaminated Sites in New Zealand, Ministry for the Environment, June 2003'.
ADVICE NOTES
- Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire five years after the date of commencement of consent unless,
before the consent lapses;
- the consent is given effect to; or
- an application is made to the consent authority to extend the period of the
consent, and the consent authority decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
- The applicant is advised that there are trees on the property which
come within the tree protection rules set out in 5C.7.3 of the district plan and
these cannot be cut, trimmed or have work undertaken below the dripline without
a prior resource consent. If the applicant wishes to undertake the above
mentioned work, a resource consent application will need to be made to the
Council. Consent will not necessarily be granted to such an application. Any
work undertaken near protected trees should be done in accordance with Annexure
5 of the district plan.
- The Consent Holder shall be advised of Council's requirements
outlined in Metrowater Development and Connection Standards issued Feb 2005,
particularly the requirements for:
- On - site separation of private drainage reticulation
- Clearance requirements for works in relation to Public Services
- Protection of services in relation to construction activities
Details shall be provided with the building consent application.
Silt control guidelines can be obtained from Annexure 14 of the Operative
District Plan
- The applicant needs to obtain all other necessary consents and
permits, including those under the Building Act 2004, and comply with all
relevant Council Bylaws. It is further noted that this consent does not
constitute building consent approval. Please check as to whether or not a
building consent is required under the Building Act 2004. If a building consent
application is already lodged with Council or has already been obtained, you are
advised that, unless otherwise stated, the use shall not commence until
conditions of this resource consent have been met. Furthermore, if this consent
and its conditions alter or affect a previously approved building consent for
the same project, you are advised that a new building consent may need to be
applied for.
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader, Compliance Monitoring (fax:
353 9052) and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- If you disagree with any of the above conditions or with any
additional charges relating to the processing of the application, you have a
right of objection pursuant to sections 357A and 357B of the Resource Management
Act 1991 which shall be made in writing to Council within 15 working days of
notification of the decision. Council will as soon as practicable consider the
objection at a hearing. Pursuant to Section 116, the consent will not commence
until any objection or appeal has been withdrawn or decided.
CARRIED
[ATTACHMENT 5.5A]
5.6. 24 KARORI CRESCENT, ORAKEI
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without notice because:
- The
adverse effects of the activity on the environment will be minor
- Written approval has been given by every person who may be adversely affected by
the activity.
That,
pursuant to section 94C of the Resource Management Act 1991, there are no
special circumstances to warrant public notification of the application.
Pursuant to section 104B of the Resource Management Act 1991, the discretionary
activity land use application by L. and J.
Lamberg to undertake additions and alterations that:
- Involves works on a site identified on Council records as being potentially
subject to soil instability
- Infringes the maximum allowable 8 metre height control by 4.3 metres, over a
maximum length of 12.2 metres as it relates to the northern boundary
- Infringes the maximum allowable 8 metre height control by 3.2 metres, over a
maximum length of 0.80 metres as it relates to the western boundary
- Infringes the maximum allowable 8 metre height control by 4.3 metres, over a
maximum length of 3.30 metres as it relates to the eastern boundary
- Infringes the 2m+45º building in relation to eastern boundary control under the
District Plan for a maximum vertical height of 1.00m reducing to 0.58m over a
maximum horizontal length of 3.30m with regards to the proposed eaves of the
upper floor
- Infringes the 2m+45º building in relation to eastern boundary control under the
District Plan for a maximum vertical height of 0.20m reducing to 0.00m over a
maximum horizontal length of 2.2m with regards to the proposed bay window
- Infringes the 2m+45º building in relation to western boundary control under the
District Plan for a maximum vertical height of 1.25m reducing to 0.77m over a
maximum horizontal length of 0.80m with regards to the proposed level three deck
- Infringes the 2m+45º building in relation to western boundary control under the
District Plan for a maximum vertical height of 6.45m reducing to 5.97m over a
maximum horizontal length of 0.80m with regards to the proposed wall and eaves
of the upper floor
at
24 Karori Crescent,
Orakei described as
Sec 664 Town of Orakei, CT NA1044/237
be granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B and 108 (discretionary activity).
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section and in particular the
following:
- Clause 4.3.1.2B (Development Control Modification)
- Clause 5D.6.1.1 (Land subject to Instability)
- Clause 7.3.3 (Residential Activity Objective)
- Clause 7.6.5.1 (Residential 5 Objectives and Policies)
- Clause 7.8.1.2 (Maximum Height)
- Clause 7.8.1.3 (Building in Relation to Boundary).
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment. Accordingly, there were no issues in
contention.
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following specialists' reports:
- The
Assessment of Effects entitled "Assessment of Effects on the Environment"
prepared by Natalie Raw of Hulena Architects Limited, and dated 13 March 2007
- The
letter entitled "Resource Consent 24 Karori Cres, Orakei LUC20070201801 HG
ref 1020-124791-01" prepared by Natalie Raw of Hulena Architects Limited and
dated 23 April 2007
- The
letter entitled "Resource Consent 24 Karori Cres, Orakei LUC20070201801 HG
ref 1020-124791-01" prepared by Natalie Raw of Hulena Architects Limited and
dated 3 July 2007
- The
email entitled "24 Karori St" prepared by Natalie Raw of Hulena
Architects Limited and dated 26 March 2007
- The
email prepared by Scott Paton of Auckland City Council, dated 17 April 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- Any
stability issues from this proposal will be dealt with at the building consent
stage as they will be regarding building/structural requirements rather than RMA
issues
- The
dominance, shadowing and privacy effects resulting from this proposal will be
minor as the roof extension is to the extent of the existing deck line of level
4 and will be the same finished level as the existing roof line, the deck
extension at level two is 0.80m deep and all proposed balustrades will be of
glass construction
- The
adverse effects of the proposed additions and alterations are limited to the
neighbouring properties at 22 and 26 Karori Crescent and 23/3, 25C and 27/3
Watene Crescent from whom written approval has been obtained.
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the applicant's proposal will have minor
effects on the environment. In particular, the additions will be in keeping with
the size, scale and materials of the existing dwelling and the surrounding
residential environment.
- The granting of consent to the applicant's proposal is consistent with
the relevant assessment criteria for discretionary activities, and in particular
the distance between the dwellings at 26, 24 and 22 Karori Crescent and the
orientation of the dwellings will still allow for sunny outdoor spaces and
sunlight to be used as a renewable energy source for passive heating in all
three dwellings.
- The
imposition of the following conditions will ensure that effects of the
applicants proposal are avoided or mitigated and that the proposal is undertaken
in accordance with the plans provided.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purpose
of the Resource Management Act 1991.
- The adverse effects of the proposed additions and alterations are
limited to the neighbouring properties at 22 and 26 Karori Crescent and 23/3,
25C and 27/3 Watene Crescent from whom written approval has been obtained.
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as
- Sheet
RC01 entitled "Site Plan" prepared by Hulena Architects Limited and dated
22 February 2007
- Sheet
RC02 entitled "Floor Plans" prepared by Hulena Architects Limited and
dated 22 February 2007
- Sheet
RC03 entitled "Floor Plans" prepared by Hulena Architects Limited and
dated 22 February 2007
- Sheet
RC04 entitled "Elevations" prepared by Hulena Architects Limited and
dated 22 February 2007
- Sheet
RC05 entitled "Elevations" prepared by Hulena Architects Limited and
dated 22 February 2007
- The
Assessment of Effects entitled "Assessment of Effects on the Environment"
prepared by Natalie Raw of Hulena Architects Limited, and dated 13 March 2007
- The
letter entitled "Resource Consent 24 Karori Cres, Orakei LUC20070201801 HG
ref 1020-124791-01" prepared by Natalie Raw of Hulena Architects Limited and
dated 23 April 2007
- The
letter entitled "Resource Consent 24 Karori Cres, Orakei LUC20070201801 HG
ref 1020-124791-01" prepared by Natalie Raw of Hulena Architects Limited and
dated 3 July 2007
- The
email entitled "24 Karori St" prepared by Natalie Raw of Hulena
Architects Limited and dated 26 March 2007
and referenced by Council as
LUC20070201801.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $187.38 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The $187.38 (inclusive of GST) charge shall be paid as part of the
resource consent fee and the consent holder will be advised of the further
monitoring charge or charges as they fall due. Such further charges are to be
paid within one month of the date of invoice.
ADVICE NOTES
- Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire five years after the date of commencement of consent unless,
before the consent lapses;
- the consent is given effect to; or
- an application is made to the consent authority to extend the period of the
consent, and the consent authority decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
- The consent holder is advised that there may be trees on the property
which come within the tree protection rules set out in 5C.7.3 of the district
plan and these cannot be cut, trimmed or have work undertaken below the dripline
without a prior resource consent. If the consent holder wishes to undertake the
above mentioned work, a resource consent application will need to be made to the
Council. Consent will not necessarily be granted to such an application. Any
work undertaken near protected trees should be done in accordance with Annexure
5 of the district plan.
- The consent holder needs to obtain all other necessary consents and
permits, including those under the Building Act 2004, and comply with all
relevant Council Bylaws. It is further noted that this consent does not
constitute building consent approval. Please check as to whether or not a
building consent is required under the Building Act 2004. If a building consent
application is already lodged with Council or has already been obtained, you are
advised that, unless otherwise stated, the use shall not commence until
conditions of this resource consent have been met. Furthermore, if this consent
and its conditions alter or affect a previously approved building consent for
the same project, you are advised that a new building consent may need to be
applied for.
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader, Compliance Monitoring (fax:
353 9052) and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- If you disagree with any of the above conditions or with any
additional charges relating to the processing of the application, you have a
right of objection pursuant to sections 357A and 357B of the Resource Management
Act 1991 which shall be made in writing to Council within 15 working days of
notification of the decision. Council will as soon as practicable consider the
objection at a hearing. Pursuant to Section 116, the consent will not commence
until any objection or appeal has been withdrawn or decided.
- The consent holder shall be advised of Council's requirements
outlined in Metrowater Development and Connection Standards issues February
2005, particularly the requirements for:
- Clearance requirements for works in relation to Public Services
- Protection of services in relation to construction activities
Detail shall be provided with the building consent application
- No earthworks have been assessed as part of this resource consent.
CARRIED
[ATTACHMENT 5.6A]
5.7. 24 GREEN LANE EAST, REMUERA
That,
pursuant to section 93 of the Resource Management Act 1991, this application to
establish a new health service activity at 24 Green Lane East, Remuera be
processed with notice.
CARRIED
5.8. 9-15 HOLLOWAY PLACE, PENROSE
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without notice because:
- The
activity will not generate any adverse effects on the environment of the
activity will be nil
- There
are no persons considered to be adversely affected by the activity.
That,
pursuant to section 94C, there are no special circumstances to warrant
notification.
Pursuant to section 104B of the Resource Management Act 1991, the discretionary
activity land use application by Timothy Michael Blackman to make internal additions to an
existing warehouse that:
- Includes the redevelopment or use of an identified contaminated site
- Increases an existing parking shortfall by five spaces
at
9-15 Holloway Place, Penrose
described as Lot 3 DP48100 CT4928271 be
granted consent.
Life
of Consent
Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire five years after the date of commencement of consent unless,
before the consent lapses;
- the
consent is given effect; or
- an
application is made to Auckland City Council to extend the period of the
consent, and Auckland City Council decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B and 108 (discretionary activity)
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Clause 8.6.5.1 (Business 5 Objectives and Policies)
- Clause 12.8.1.1 (Parking)
- Clause 12.9.1.1 (Discretionary Activities)
- Clause 12.9.1.2 (Discretionary Activities Criteria)
- Clause 5E7.1C (Contaminated Sites)
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment. Accordingly, there were no issues in
contention.
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following specialist reports:
- The
Assessment of Effects prepared by Tim Blackman of Beca Carter Hollings & Ferner
Ltd, dated 2 April 2007
- The
Traffic Study Memorandum prepared by Zoe Collins of Beca Carter Hollings &
Ferner Ltd, dated 5 April 2007
- An
email from Alan Charleston at Pinkbatts.co.nz, dated 29, June 2007 - outlining
the extent of the improvements to the air quality from the upgrade to the
electric furnace
- Memo
by Mervyn Chetty, Councils Environmental Health Specialist, dated 21 June 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
proposal will have no effect on the contaminated site
- The proposal will reportedly result in a decrease of three staff
members on-site and thereby in a corresponding reduction in car parking
requirement
- The shortfall in parking is considered to be acceptable as there is
no increase in parking demand created by the proposal
- There is sufficient parking on site provided for the existing
activity and its demand for parking
- The proposal will result in an improvement in the air quality of the
emissions with the upgrade to the electric furnace.
- There
will be no change to the external façade of the building and the overall
footprint of the building will not increase
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the application will have nil effects on
the environment.
- The imposition of the following conditions will ensure that any
potential effects of granting the application are mitigated, and in particular
that the activity is carried out in accordance with the approved plans.
- The application is consistent with the objectives and policies of the
district plan and the sustainable management purpose of the Resource Management
Act 1991.
- There will be no change to the external façade of the building and the
overall footprint of the building will not increase.
Conditions
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The
activity shall be carried out in accordance with the plans and all information
submitted with the application, being described as
"drawing number 4030-027 Sht 3, Sht 4,
dated 15/01/07 and drawing number 211-1753 Sht 1, Sht 2, and Sht 3, dated
21/05/81" and referenced by Council as
LUC20070285101.
Contaminated Site
- If evidence of contamination is discovered during removal of paving
and/or earthworks the consent holder shall immediately cease the works and
notify the Council, Resource Consent Monitoring Team Leader and provide a site
contamination report to the satisfaction of the Resource Consent Monitoring Team
Leader, Auckland City Council.
- Any soil that is to be removed off site should either be tested for
contamination or taken to an approved landfill facility.
Monitoring
- The consent holder shall pay to the Council a consent compliance
monitoring charge of $187.38 (inclusive of GST) plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The
consent holder will be advised of any further monitoring charge or charges as
they fall due. Such further charges are to be paid within one month of the date
of invoice.
ADVICE NOTES
- Pursuant to section 125 of the Resource Management Act 1991, this
resource consent will expire five years after the date of commencement of
consent, unless, before the consent lapses;
- The
consent is given effect to; or
- An
application is made to the consent authority to extend the period of the
consent, and the consent authority decides to grant an extension after taking
into account the statutory considerations, set out in section 125(1)(b) of the
Resource Management Act 1991.
- The consent holder is advised that the Auckland Regional Council
should be contacted with respect to any increased air emissions.
- The applicant is advised that there may be trees on the property
which come within the tree protection rules set out in 5C.7.3 of the district
plan, these cannot be cut, trimmed or have work undertaken below the dripline
without a prior resource consent. If the applicant wishes to undertake the above
mentioned work, a resource consent application will need to be made to the
Council. Consent will not necessarily be granted to such an application. Any
work undertaken near protected trees should be done in accordance with Annexure
5 of the district plan.
- The
applicant needs to obtain all other necessary consents and permits, including
those under the Building Act 1991, and comply with all relevant Council Bylaws.
It is further noted that this consent does not constitute building consent
approval. Please check as to whether or not a building consent is required under
the Building Act 1991. If a building consent application is already lodged with
Council or has already been obtained, you are advised that, unless otherwise
stated, the use shall not commence until conditions of this resource consent
have been met. Furthermore, if this consent and its conditions alter or affect a
previously approved building consent for the same project, you are advised that
a new building consent may need to be applied for.
- A
copy of this consent shall be held on site at all times during the establishment
and construction phase of the activity.
- The
consent holder is requested to notify Council, in writing, of their intention to
begin works, a minimum of seven days prior to commencement. Such notification
shall be sent to the Team Leader, Consent Monitoring, Auckland City
Environments, Regulatory Services, Auckland City Council, and shall include the
following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relates
- expected duration of works.
- If you disagree with any of the above or with any additional charges
relating to the processing of the application, you have a right of objection
pursuant to section 357 of the Resource Management Act 1991 and which shall be
made in writing to Council within 15 working days of notification of the
decision. Council will, as soon as practicable, consider the objection at a
hearing. Pursuant to section 116, the consent may not commence until such time
as any objection or appeal has been decided or withdrawn.
CARRIED
5.9. 31 FERNDALE ROAD, MOUNT WELLINGTON
Pursuant to section 104B of the Resource Management Act 1991, the limited
notified non-complying activity land use application by
M J Todd to develop two
additional dwellings as part of an seven unit integrated housing development on
a rear site that:
- Involves a density of 1:298.14m2 for an Integrated Housing
Development when 1:300m2 is required
- Involves the establishment of an Integrated Housing development
- Infringes the minimum manoeuvring standard required for one parking space
at
31 Ferndale Road,
described as
LOT 2 DP 42191,
CT 1150/4
be granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above.
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104B, 104D and 108 (non-complying activity)
- Part
II
Relevant Plan Provisions
The
following relevant plan provisions have been taken into account in the
assessment of this application:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Part
2 Resource Management
- Part
4 General Provisions and Procedures
- Part
5D Natural Hazards
- Part
7 Residential Activity
- Part
12 Transportation
- Appendix 10 ((The Residential Design Guide for Developments in Residential zones
in specified growth areas)
Plan
Change 26:
- Plan
Modification 175 to the District Plan and the reasons, explanations and criteria
accompanying the Plan Change
The
Auckland Regional Policy Statement, and, in particular, the following:
- Part
2: Regional Overview and Strategic Direction
- Part
4: Transport
- Proposed Plan Change 6 to the Policy Statement and the reasons, explanations and
criteria.
Principal Issues in Contention
The
principal issues in contention are:
- Visual amenity, urban design, local character and built form
- Parking
- Landscaping
Summary of Evidence
This
application was not the subject of a contested hearing. Whilst no evidence has
been provided, Council has considered the following information and reports:
- Report entitled "Proposed Seven Unit Integrated Housing Development at 31
Ferndale Road, Mt Wellington, Resource Consent Application and Assessment of
Effects on the Environment", prepared by Michael Henry of 272 Below Ltd, dated
November 2006
- Plans: Carport brick columns cedar trellis iron roof prepared by MJ Todd
17.1.2007 No plan reference; Plans 1, 2 Rev C entitled "31 Ferndale Road -
revised site plan seven unit integrated housing development and "31 Ferndale
Road - floor plan seven unit integrated housing development" ; Plan 2.0 entitled
"31 Ferndale Road new drainage seven unit integrated housing development"; Plan
3 Rev B entitled "31 Ferndale Road - elevations seven unit integrated housing
development"; Plan 1.4 entitled "31 Ferndale Road - lighting plan seven unit
integrated housing development"; Plan 4 Rev B, entitled "31 Ferndale Road
-
carport details seven unit integrated housing development"; Plan 5 Rev C
entitled "31 Ferndale Road - site plan proposed impermeable changes"; Plan 1.2
Rev B entitled "31 Ferndale Road - revised landscape plan"; all dated November
2006 prepared by MJ Todd
- Letters from MJ Todd dated 14 November 2006, 17 January 2007 and 6 June 2007
- Letter entitled "31 Ferndale Road, Ellerslie: Stormwater Disposal" prepared by
HCJ Law of Law Sue Consultants Ltd dated 31 May 2005
- Report entitled "Overland Flow Assessment 31 Ferndale Road, Mt Wellington",
prepared by RN Davison of Law Sue Consultants Ltd, dated 23 November 2006
- Report entitled "Infrastructure Assessment 31 Ferndale Road, Mt Wellington",
prepared by R N Davidson of Law Sue Davison Consultants dated June 2007
- Memorandum from Council's Development Engineer Hock Lee, dated 7 February 2007
- Memorandum from Council's Development Engineer Scott Paton, dated 5 July 2007
- Memorandum from Council's Senior Urban Design Specialist, Robert Lipka, dated 10
May 2007
- Memorandum from Council's Traffic Engineer Dina Hanna, dated 14 May 2007
- Planners report prepared by Council's Planning Consultant, Michele Perwick of
Perwick & Associates, dated 10 July 2007
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
development is for a non-complying activity
- The
degree of non-compliance with the density control is minor
- The
application was limited notified and one submission was received. This
submission has now been withdrawn. There are no submissions from the
surrounding neighbourhood
- Subject to conditions of consent, the adverse effects of the activity on the
environment will be minor.
- The
reference made in the letter of withdrawal of submission by
Gimblett/Curlew/Curlew to attached conditions refers to a civil matter between
the applicant and these parties.
Pursuant to section 113 of the Resource Management Act 1991, the reasons for
granting this Non-Complying activity consent are as follows:
- The granting of consent to the applicant's proposal will have no more
than minor effects on the environment as the density shortfall of 13m2
is minor. In addition, the proposal will integrate successfully into the
existing residential neighbourhood and will not lead to unsustainable stormwater
runoff.
- The granting of consent to the applicant's proposal is consistent with
the relevant assessment criteria for non-complying activities, contained in
Clause 4.3.1.3 of the District Plan.
- The imposition of the following conditions will ensure that the
effects of the applicant's proposal are minor.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purpose
of the Resource Management Act 1991.
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as
- Report entitled "Proposed Seven Unit Integrated Housing Development at 31
Ferndale Road, Mt Wellington, Resource Consent Application and Assessment of
Effects on the Environment", prepared by Michael Henry of 272 Below Ltd, dated
November 2006
- Plans: Carport brick columns cedar trellis iron roof prepared by MJ Todd
17.1.2007 No plan reference; Plans 1, 2 Rev C entitled "31 Ferndale Road -
revised site plan seven unit integrated housing development and "31 Ferndale
Road - floor plan seven unit integrated housing development"; Plan 2.0 entitled
"31 Ferndale Road new drainage seven unit integrated housing development"; Plan
3 Rev B entitled "31 Ferndale Road - elevations seven unit integrated housing
development"; Plan 1.4 entitled "31 Ferndale Road - lighting plan seven unit
integrated housing development"; Plan 4 Rev B, entitled "31 Ferndale Road
-
carport details seven unit integrated housing development"; Plan 5 Rev C
entitled "31 Ferndale Road - site plan proposed impermeable changes"; Plan 1.2
Rev B entitled "31 Ferndale Road - revised landscape plan"; all dated November
2006 prepared by MJ Todd
- Letter entitled "31 Ferndale Road, Ellerslie: Stormwater Disposal" prepared by
HCJ Law of Law Sue Consultants Ltd, dated 31 May 2005
- Report entitled "Overland Flow Assessment 31 Ferndale Road, Mt Wellington",
prepared by RN Davison of Law Sue Consultants Ltd, dated 23 November 2006
- Report entitled "Infrastructure Assessment 31 Ferndale Road, Mt Wellington",
prepared by R N Davidson of Law Sue Davison Consultants, dated June 2007
and
referenced by Council as
LUC20060660001.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $340.00 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The
$340.00 (inclusive of GST) charge shall be paid as part of the resource consent
fee and the consent holder will be advised of the further monitoring charge or
charges as they fall due. Such further charges are to be paid within one month
of the date of invoice.
Landscape Plan
- A detailed landscape plan including an implementation and maintenance
programme, shall be submitted to and approved by Council (Resource Consents
Monitoring Leader), prior to any works commencing on the site.
- The plan shall include details of the plant sizes at the time of
planting and intended species.
- The landscaping shall be implemented and maintained in accordance
with the approved landscaping plan within the first planting season following
the completion of the works on the site. The landscaping shall be irrigated and
maintained thereafter.
- An easing of the curve of the garden areas adjacent to the parking
spaces of Units 4 and 5 to accommodate vehicle manoeuvring.
Landscaping Bond
- Prior to the commencement of work on the site the consent holder shall lodge the
sum of $5,000 with the Council as security for the performance of condition (3).
- The consent holder shall either lodge the bonded sum with the
Council as a cash deposit or execute a guaranteed bond agreement, with a
registered trading bank as the surety.
- The bond document shall be prepared by the Council. The consent
holder shall pay to the Council any costs incurred by the Council in relation to
the preparation, execution, variation or release of the bond.
- The bond shall be held for a minimum period of 18 months from the
date of planting. The bond shall be released when, in the opinion of the Council
(Resource Consents Monitoring Leader), condition (3) has been satisfied, and the
consent holder has paid the Council's costs.
Construction
- All demolition, earthworks and construction works shall be restricted
to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm
Saturday. No such work shall occur on Sundays or public holidays.
- Noise
arising from construction work shall comply with noise controls outlined under
Rules 4A.1D of the Auckland City Operative District Plan 1999 (Isthmus).
- The consent holder shall implement suitable sediment control measures
during all earthworks to ensure that all stormwater run off from the site is
managed and controlled to ensure that no silt, sediment or water containing silt
or sediment is discharged into stormwater pipes, drains, channels or soakage
systems in accordance with the Auckland City Operative District Plan 1999
(Isthmus) Annexure 14 Guidelines for sediment control. In the event that
material is deposited on the street, the consent holder shall take immediate
action at their own expense, to clean the street. These measures shall remain in
place until the completion of the development.
- A wheel wash shall be installed on site. All vehicles are to use the
wheel wash facility prior to exiting onto Ferndale Road.
Infrastructure
- A public fire hydrant shall be
installed to provide compliance with the 135m rule in the Operative District
Plan - Isthmus (Clause 12.8.2.1(d). An Engineering Approval Application will be
required for this work.
- This development shall comply with the recommendations of Law Sue
Consultants Ltd report dated 31 May 2005. Particular reference is to be made to
the minimum finished floor levels of 300mm in accordance with Clause 5.D6.1 of
the Operative District Plan - Isthmus.
Parking and Access
- The carport columns are to be moved 300m to the north or reduced in
area to improve vehicle manoeuvring to the satisfaction of the Council (Resource
Consents Monitoring Leader).
- All
access, parking and manoeuvring areas shall be formed, provided with an all
weather surface, drained and marked out to the satisfaction of the Council
(Resource Consents Monitoring Leader), prior to the activity commencing.
ADVICE NOTES
- The applicant needs to obtain all other necessary consents and
permits, including those under the Building Act 1991, and comply with all
relevant Council Bylaws.
- This resource consent will expire five years after the date of
commencement of consent unless: (a) It is given effect to before the end of that
period or (b) Upon an application made prior to the expiry date, the Council
fixes a longer period. The statutory considerations, which apply to extensions,
are set out in section 125(1)(b) of the Resource Management Act 1991.
- The Consent holder shall be advised of Council's requirements
outlined in Metrowater Development and Connection Standards issued February
2005, particularly the requirements for:
- On
site separation of private drainage reticulation
- Clearance requirements for works in relation to Public Services
- Protection of services in relation to construction activities
- Water
supply connections
Details shall be provided with the building consent application.
Disposal of stormwater for this development shall be to onsite soakage complying
with the requirements of ACC Soakage Design Manual issued February 2003.
- A copy of this consent should be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader, Compliance Monitoring and
include the following details:
- name and telephone number of the project manager and siteowner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- Please be advised further that section 120 of the Resource Management
Act sets out the right of appeal to the Environment Court.
- The Council's administrative charges for receiving, processing and
granting an application or for any specified or additional matter in accordance
with section 36 of the Act or any regulation under the Act, or as necessary to
enable the Council to recover its actual and reasonable costs in respect of this
application, must be paid in full within 14 days of the receipt of the invoice
for this decision and this consent shall not be exercised prior to such payment.
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
of $33,351.83 (incld GST) will be payable on this development. An invoice for
this amount will be sent in due course. Please note that, with respect to this
development, building consents will not be released, code of compliance
certificates will not be issued, and section 224C certificates for subdivisions
will not be issued until the development contribution has been paid.
- Please note that any future land use, subdivision, or building
consent applications in relation to this proposal will be subject to the latest
development contribution policy. Any previous financial contribution or
development contribution paid will be taken into account when assessing
development contributions on future consent applications.
- The 2006 policy is now in effect. However, there is a transitional period for
any developments where the first consent application was lodged prior to 1 July
2006. All further applications (land use, subdivision or building) in relation
to the development must be lodged with Council prior to 31 December 2006 to
qualify for the transitional arrangements. Any applications received after this
date will be subject to the amended 2006 financial contributions policy and may
require further contributions to be made.
- If you
disagree with any of the above conditions (except any condition that requires
the payment of a financial contribution) or with any additional charges relating
to the processing of the application, you have a right of objection pursuant to
Section 357 of the Resource Management Act 1991 which shall be made in writing
to Council within 15 working days of notification of the decision. Council will
as soon as practicable consider the objection at a hearing. Pursuant to section
116, the consent will not commence until any appeals or objections have been
withdrawn or decided.
CARRIED
[ATTACHMENT 5.9A]
5.10. 35 MOA ROAD, POINT CHEVALIER
Land
Use Application
That
pursuant to section 93 of the Resource Management Act 1991, this application to
construct two dwellings on the site at 35 Moa Road, Point Chevalier be processed
with public notice.
CARRIED
Subdivision Application
That
pursuant to sections 93 of the Resource Management Act 1991, this subdivision
application to undertake a boundary adjustment on the site at 35 Moa Road, Point
Chevalier be processed with notice.
CARRIED
[ATTACHMENT 5.10A]
5.11. 2-4 ELIZABETH STREET, FREEMANS BAY
LAND
USE CONSENT
That
pursuant to sections 93/94 of the Resource Management Act 1991, this application
be processed without public notice because:
- Adverse effects of the activity on the environment have been identified as being
no more than minor
- It is
considered that there are no persons adversely affected by the proposed
subdivision proposal.
There are no special circumstances that would warrant notification.
SUBDIVISION CONSENT
That
pursuant to sections 93/94 of the Resource Management Act 1991, this application
be processed without public notice because:
- Adverse effects of the activity on the environment have been identified as being
no more than minor
- It is
considered that there are no persons adversely affected by the proposed
subdivision proposal.
There are no special circumstances that would warrant notification.
LAND
USE CONSENT
Pursuant to section 104C of the Resource Management Act 1991, the non-notified
restricted discretionary activity land use application by Fitzroy Trustees
Limited to remove seven generally protected trees, including two Alder
trees, two White Poplar trees, and three Leyland Cypress trees,
and for works within the dripline of one jacaranda tree and one puriri
tree at 2-4 Elizabeth Street, Freemans Bay described as Pt Lot 121 Allot 19 Sec
8 Suburbs of Auckland CT 548/ 41 be granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
- The granting of consent to the applicant's proposal will have only
minor adverse effects on the environment. In particular, the removal of the
trees will not detract from the character of the surrounding neighbourhood.
- The granting of consent to the applicant's proposal consistent with
the relevant assessment criteria for restricted discretionary activities. In
particular, the tree removals and works within the trees' driplines shall not
have more than a minor adverse effect on the environment.
- The imposition of the following conditions will ensure that the
effects of the applicant's proposal are minor and in particular ensure that the
proposal is built in accordance with the plans and application material
submitted to Council.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purposes
of the Resource Management Act 1991
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Sections 104, 104C and 108 (Restricted Discretionary activity)
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section and in particular the
following:
- Part
5 General Tree Protection
Principal Issues in Contention
The
application was not the subject of a contested hearing as the Council generally
concurs with the applicant's assessment. Accordingly, there were no issues in
contention.
Summary of Evidence
Whilst no evidence has been provided, Council has considered the following
specialists' reports:
- The
Assessment of Effects prepared by David Wren Policy & Research dated 23
March 2007
- Tree
Report by The Specimen Tree Company Ltd dated 24 November 2006.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
trees to be removed are of poor form. The removals can be adequately mitigated
by conditions of consent
- The
removal of the trees is required for building platforms and to accommodate the
infrastructural and drainage services to the two new sites
Pursuant to sections 108 and 220 of the Resource Management Act 1991, this
consent is subject to the following conditions:
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as:
- Auckland City Council Plan number W4162/11 and referenced by Council as
LUC20070215001.
Tree
Conditions
- The consent holder shall employ the services of a competent arborist
(appointed arborist) to directly oversee all works within the dripline of the
Jacaranda tree and Puriri tree.
- All tree work shall be carried out by a competent arborist in
accordance with accepted arboricultural practice.
- Prior to any works commencing on site the consent holder shall ensure
that a pre-start meeting occurs. Present at this meeting shall be the consent
holder, the consent holders appointed arborist, the site construction manager
and any relevant contractors/employees that will be working within the dripline
of the protected Jacaranda tree and Puriri tree. The purpose of this meeting
shall be to clarify the Conditions of Consent contained within this Resource
Consent. The consent holder shall provide a copy of the notes from this meeting
shall be faxed to Council's arborist (Nick Stott 353-9186), the day of the
meeting.
- Prior to any works commencing on site (including demolition), the
consent holder shall construct self-supporting 1.8 metre high protective fences
around the dripline of the protected Jacaranda tree and Puriri tree that are to
be retained. Where the fences cannot be constructed at the dripline, it shall
be no more than 1.0 metre from the building footprint. The fence shall be
constructed from plywood and shall remain intact on site until all works has
been completed. The consent holder shall be responsible for the condition of
the protective fencing.
- The area within the protective fencing and dripline of the protected
Jacaranda tree and Puriri tree shall be considered total exclusion zones as
follows:
- No storage of diesel, cement, building materials, site huts, spoil
etc within the delineated area.
- No spillages of substances likely to be injurious to tree health
within seepage distance of the delineated area.
- No access into or works within the delineated area without the prior
approval of the appointed arborist.
- No alteration to the dimensions of the delineated area without prior
consultation and agreement from the appointed arborist.
- No machinery (unless it can be kept within the bounds of an existing
sealed surface).
- When within the dripline of the Puriri tree, the right of way shall be
constructed without any soil modifications (no scraping, excavations or
backfilling).
- When within the dripline of the Jacaranda tree and Puriri tree, all
roots that measure 35mm in diameter or greater shall be retained and protected
from damage and drying out. Roots that measure less than 35mm in diameter shall
be cleanly cut back to the face of the excavation by the appointed arborist in
accordance with accepted arboricultural practices. Where all other alternatives
have been exhausted the appointed arborist will only sever roots that measure
35mm in diameter or greater where he/she is satisfied that the root removal will
not compromise the health or longevity of the tree. The appointed arborist
shall provide photo evidence and a brief report relating to any roots that
measure 35mm in diameter or greater to Council within 7 working days of the root
removal.
- There shall be no services located within the dripline of the
Jacaranda tree and Puriri trees that are to be retained.
- Immediately following the removal of the two Alder trees and two White
Poplar trees and three Leyland Cypress trees, the applicant shall plant at least
seven (7) appropriate replacement trees (not exotic palms) within the property
(in suitable locations to avoid any conflict with future building footprints or
access). The replacement trees shall have a minimum root ball size of Pb 95 (or
equivalent) and a minimum height of 1.8 metres at the time of planting. The
replacement trees shall be maintained thereafter.
- The consent holder shall notify Council's Resource Consent Monitoring
Leader in writing when the replacement planting required as a condition of
consent has been completed. This notification shall include the size, species
and location of the replacement trees (location to be shown on a sketch of the
site). Notification can be sent by fax on 353 9186 attn: Resource Consent
Monitoring Leader, or mailed to Private Bag 92516, Wellesley St, Auckland.
- Confirmation of compliance with the tree conditions above shall be
supplied to Council (Resource Consent Monitoring Leader). Confirmation shall be
in the form of a report from the arboricultural contractor who undertook the
work. Notification can be sent by fax on 353 9186 attn: Resource Consent
Monitoring Leader, or mailed to Private Bag 92516, Wellesley St, Auckland.
Monitoring
- The consent holder shall pay the Council a consent compliance
monitoring charge of $381.44 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The
$381.44 (inclusive of GST) charge shall be paid as part of the resource consent
fee and the consent holder will be advised of the further monitoring charge or
charges as they fall due. Such further charges are to be paid within one month
of the date of invoice.
ADVICE NOTES
- The applicant is advised that further consents relating to trees may
need to be obtained prior to building at the rear of the site.
- The applicant is advised that they will need to address retaining (or
similar) at the rear of the site prior to obtaining a building consent. This
may involve trees located on RACS (Recreation and Community Services) owned
land.
- Pursuant to section 125 of the Resource Management Act 1991, this
resource consent will expire 5 years after the date of commencement of consent
unless, before the consent lapses;the
consent is given effect to; or An application is made to the consent authority
to extend the period of the consent, and the consent authority decides to grant
an extension after taking into account the statutory considerations, set out in
section 125(1)(b) of the Resource Management Act 1991.
- This
consent does not constitute building consent approval. Please check as to
whether or not a building consent is required under the Building Act 2004. If a
building consent application is already lodged with Council or has already been
obtained you are advised that unless otherwise stated, the use shall not
commence until conditions of this resource consent have been met.
- The applicant needs to obtain all other necessary consents and
permits, including those under the Building Act 1991, and comply with all
relevant Council Bylaws.
- A copy of this consent should be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader, Compliance Monitoring and
include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
SUBDIVISION CONSENT
Pursuant to Section 104B of the Resource Management Act 1991, the non-notified
discretionary activity subdivision application by
Fitzroy Trustees Ltd
for a freehold subdivision that:
- Infringes the height in relation to boundary control on Lot 1 over Lot 2 by a
maximum vertical height of 3.53 metres over a maximum horizontal length of 13.20
metres as it relates to the northern boundary
- Infringes the height in relation to boundary control on Lot 4 over Lot 3 by a
maximum vertical height of 0.61 metres over a maximum horizontal length of 5.10
metres as it relates to the northern boundary
at
2-4 Elizabeth Street, Freemans Bay described as Pt Lot 121 Allot 19 Sec 8
Suburbs of Auckland CT 548/ 41 described on Auckland City Council Plan Number
W4162/11,
be granted consent.
Pursuant to section 113 of the Resource Management Act 1991,
the matters set out immediately below were taken into consideration in the
determination of the discretionary activity:
Relevant Statutory Provisions
- Section 104B as the subdivision consent application has a discretionary activity
classification which enables Council to grant or decline it; section 108 which
authorises the imposition of consent conditions if consent is granted; and
section 104 which specifies the matters to which a consent authority must,
subject to Part 2, consider in the determination of the application. Further
discussion about section 104 is set out below in the reasons for granting the
application.
Relevant Plan Provisions
- 11.5.2.6 New Vacant Lot Subdivision Requirements
- 11.5.2.7 Existing or Approved Development Subdivision
- 11.5.5.2. Discretionary Activities Criteria
Principal Issues in Contention
The
principal issues in contention related to the provision of engineering services
to the site, access, and height in relation to boundary issues.
Summary of Evidence
In
relation to these matters the Council considered:
- The
application and assessment of effects by David Wren Policy Research Ltd in respect of planning issues ref No. JR06057 dated 23 March 2007
- Scheme Plan by Townsend Architects Rev 04 Sheet No. L01 job No. 173
- Geotechnical report by Tonkin and Taylor job no. 24074 dated 22 january
2007
- Sanitary Sewer & Stormwater Drain Capacity Check and Flood Report for 2-4
Elizabeth Street Freemans bay for The Fitzroy Trading Trust by The Consulting
Group 2006 Limited Job No. 7814/07/DJC dated May 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The
Committee considers that the site is suitable for the development and
subdivision and that the lots can be fully serviced.
- The
infrastructure report has been considered acceptable by Council's Development
Engineering.
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- The granting of consent to the applicant's proposal will have no more
than minor effects on the environment.
- The granting of consent to the applicant's proposal is consistent with
the relevant assessment criteria for discretionary activities.
- The imposition of the following conditions will ensure that the
effects of the applicant's proposal are avoided, and in particular that the
proposal is carried out in accordance with the approved plans, and that all
necessary stormwater, wastewater connections and access ways are completed to
Council specifications.
- The applicant's proposal is consistent with the objectives and
policies of the Operative District Plan, and the sustainable management purpose
of the Resource Management Act 1991.
- No persons are considered to be affected by this proposal.
Pursuant to Sections 108 and 220 of the Resource Management Act 1991, this
consent is subject to the following conditions:
- That Right of Way, Drainage & Utilities Easements labelled 'A' 'B' 'C'
& 'D' be created and granted or reserved.
- That drainage Easements labelled 'E' 'F' and 'G' be granted or
reserved.
- That Stormwater Drainage Easements labelled 'H' and 'I' be created and
granted or reserved.
- That Drainage easements are to be created and granted or reserve over
any private stormwater or wastewater drain traversing lots other than those
being served or certificates pursuant to Section 461 of the Local Government Act
and are to be registered against the appropriate certificates of title. A
section 461 Certificate will not be required until the Section 224 (c) stage.
- That a certificate pursuant to section 224(c) of the Resource
Management Act will not be issued until conditions (6) to (15) have been met to
the satisfaction of the Council and at the owners expense.
Stormwater
- That all the necessary pipes and ancillary equipment are to be supplied
and laid to extend the public stormwater line from Costley Reserve to within the
boundary of proposed Lot 3 and as shown on the approved engineering application
plan ENG20070018601.
Note:
The Consent holder is advised that a Section 224(c) Certificate will not be
issued for the subdivision without stormwater works being satisfactorily
constructed, inspected by Development Engineering (not a building inspector) and
'As-Builts' provided.
- That all necessary pipes and ancillary equipment are supplied and laid
within the subdivision to provide individual private stormwater drain
connections to proposed Lots 1 - 4. Connections are to be made to the proposed
extended public stormwater line as per condition 6. A Building Consent will be
required for this work.
Note:
All connections shall be marked by a 50mm x 50mm x 1m tanalised painted blue
stake on completion and clearly dimensioned on any drainage 'As-Built'.
- That all necessary pipes and ancillary equipment are supplied and
laid to redirect all stormwater runoff from the roof and paved areas on Lots 1
and 4, and connect them to the proposed extended public stormwater line within
the subject property. A Building Consent will be required for this work
Wastewater Conditions
- That all necessary pipes and ancillary equipment are supplied and laid
within the subdivision to provide individual private wastewater drain
connections to proposed Lots 1 - 4 and connect them to the existing public
wastewater line that traverses Lots 2 and 3 respectively. A Building Consent
will be required for this work.
Note:
All connections shall be marked by a 50mm x 50mm x 1m tanalised painted red
stake on completion and clearly dimensioned on any drainage 'As-Built'.
- That all the necessary pipes and ancillary equipment are to be supplied and
laid to divert the existing private wastewater drain that traverses Lots 2 and 3
clear of the future building platform on that lot. The diverted wastewater pipe
shall be laid within the proposed easements E and F respectively. A Building
Consent will be required for this work.
Note:
Upgrading of the public wastewater lamphole to a public wastewater manhole will
be required if the proposed connection of Lot 1 is to the public wastewater
lamphole. An engineering plan is required to be lodged to Council for approval.
Note:
With respect to conditions 7-10: The
consent holder is advised that a Section
224(c) Certificate will not be issued until a Code Compliance Certificate has
been issued for the drainage works Or a copy of the Auckland City Council
Inspections Officer's sign off and
drainlayer's signed 'As Built' drainage plan are provided to confirm that the
drainage work has been completed and inspected to Council's satisfaction.
As-
Builts
- 'As-Built' plans are to be provided to Council for all new public stormwater
assets to be vested in the Council and Metrowater. Requirements are outlined in
Council's Code of Urban Subdivision and Metrowater's Development and Connection
Standards Manual. The 'As-Builts' are to be approved by Auckland City
Environments, Development Engineering as part of an approved engineering
process. The Section 224(c) Certificate will not be issued until the 'As-Built'
plans are to Council's requirements and have been approved. Please contact Mr
Satish Busapala, Ph 353-9590 for details.
Access
- That ROW A, B, C, and D are required to be formed, paved and drained,
including the provision of stormwater catchpits and/or slot drains within the
boundaries of the Right of Way (or elsewhere within the site, if appropriate)
and where necessary the provision of kerbing or similar to prevent water flowing
on to other property (including the footpath). An Engineering Right of Way
Approval application including detailed engineering plans and calculations for
construction for this work is required to be submitted and approved prior to the
works commencing.
The
plans and calculations are to be submitted to Auckland City Environment's
Development Engineering. This approval needs to be obtained by formal lodgement
of drawings for engineering plan approval and the work can only commence after
these drawing have been approved.
Note:
The consent holder is advised that a Section 224(c) Certificate will not be
issued for subdivision without Development Engineering Approval of the Right of
Way works and these being signed off by Development Engineering as having being
satisfactorily constructed, inspected by Development Engineering (not a building
inspector) and 'As-builts' provided. Note: A Building Consent will be required
for any drainage work required on the drive.
- The existing vehicle crossing on Elizabeth Street shall be
reconstructed to serve Lots 1, 2, 3 and 4, to Council standard and
specifications prior to the issue of a Certificate pursuant to Section 224(c) of
the Resource Management Act or commencement of development on the site, which
ever comes first. Please contact, Inspections Officer, PH 09 379 2020 to
ascertain Council's standards and requirements. Note: The consent holder is
advised that a Section 224c Certificate will not be issued until a
vehicle-crossing permit is issued and the crossing construction passed by a
Council Inspections Officer.
- A vehicle parking area for suitable two vehicles is to be constructed
on Lot 1.A Building Consent is required for any private drainage.
Other
- That the portion of the existing house on the northern boundary of Lot
1, straddling the boundary between Lots 1 and 2 shall be removed / demolished
prior to 224c release. A Building Consent may be required for these works.
- That the portion of concrete seal on the southern boundary of proposed
Lot 4 be uplifted and replaced with a complying permeable surface prior to 224c
release. A Building Consent may be required for these works.
- That in order to comply with the density provisions of the Isthmus
District Plan, the boarding house on Lot 1 and the four self-contained flats on
Lot 4 be returned to single household units, being either removed or modified
such that they cannot be used as separate dwelling units. A building consent
will be required for these works. This will require the removal of any
additional kitchen, sinks, and dishwashing facilities.
Consent Notices
- That the subdivider shall cause to have registered against the
Certificate of Title for Lots 2 & 3 a Consent Notice pursuant to Section 221 of
the Resource Management Act 1991, to ensure adequate notice is brought to the
attention of the owners of the land/prospective purchasers and other interested
parties the following continuing conditions:
Geotechnical
Lots
2 and 3 are subject to a land stability hazard. A chartered professional /
registered engineer experienced in geotechnical engineering and familiar with
the recommendations of the report by Tonkin and Taylor Ltd dated 22 January
2007 job no.24074 is to be engaged to design, supervise, and where necessary,
certify any further development and / or structures and / or earthworks within
areas identified in the above geotechnical report(s).
Flooding
A
report prepared by The Consulting Group 2006 Ltd Job No. 7814/07/DJC dated May
2007 concludes that a stormwater overland flow hazard affects this lot. In
accordance with the above flood report, the minimum finished floor level of all
non-habitable areas and habitable areas shall be 200 mm above the calculated
flood level for 1 in 10 year and 500 mm above the calculated flood level for 1in
50 year storm event respectively.
ADVICE NOTES
- Pursuant to Section 198 of the Local Government Act 2003, a Reserve Development
Contribution will be required as part of this subdivision proposal. A
notice of assessment for this amount will be sent in due course. Please contact
Development Contributions Team Leader Lindsay Marriner (Phone Number 353 9025)
for further advice on this matter. Please note that a section 224C certificate
will not be issued until the development contribution has been paid.
- That the applicant shall implement suitable sediment control measures
during all earthworks to ensure that all stormwater runoff from the site is
managed and controlled to ensure that no silt, sediment or water containing silt
or sediment is discharged into any stormwater system such as pipes, drains,
channels and watercourses in accordance with Auckland City District Plan
Annexure 14 Guidelines for sediment control.
- There are retaining walls that are required to be constructed along
the proposed right of way.
Retaining structures over 1m in height will require a building consent and
specific design by a chartered engineer/registered engineer.
- The applicant is advised that all essential underground utility
service connections or alternative ducting for future augmentation for each unit
will need to be provided and that all water supply connections are to be
designed and constructed in accordance with Metrowater "Development and
Connection Standards "by Metrowater approved contractors. For details please contact Metrowater. All
dwellings on site are required to have their own separate independent water
supply. All water meters shall be positioned at the road frontage boundary
- Any provision being made for telecommunications, power or gas to this
subdivision are to be underground and are to be to the requirements of the
respective utility services.
- This Resource Consent will expire five years after the date of commencement
unless: (a) a survey plan is presented to Council for approval under Section 223
of the Resource Management Act 1991, and that plan is deposited within three
years of that approval date; or (b) an application is made under Section
125(1)(b) of the Resource Management Act 1991 to extend that period.
- Please note that a fee is payable upon lodgement of an application for the issue
of a certificate pursuant to Section 224(c) of the Resource Management Act 1991
relating to this application. Please contact Auckland City Environments for the
current fee.
- If you disagree with any of the above conditions, or with any
additional charges relating to the processing of the application, you have a
right of objection pursuant to Section 357 of the Resource Management Act 1991
that shall be made in writing to Council within 15 working days of notification
of the decision. Council will as soon as practicable consider the objection at a
hearing.
CARRIED
APPOINTMENT OF COMMISSIONERS
There
were no Appointment of Commissioners.
TEMPLATE FOR STREAMLINED CONSENTS
There
was an informal discussion on the template for streamlined consents used by ACE
and City Planning.
REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS
That the summary of requests for service arising from site visits and meetings
be received.
CARRIED
APPOINTMENT OF COMMISSIONERS AND INDEPENDENT COMMISSIONER DECISIONS
FOR 2006/2007
That
the summary of the appointment of commissioners and Independent Commissioner
decisions for 2006/2007 be received.
CARRIED
There
being no further business the Chairman declared the meeting closed at 1.41 pm.
|
