|
|
|
Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES COMMITTEE
HELD ON TUESDAY, 11 SEPTEMBER 2007 AT 11.02AM
|
PRESENT: |
Councillors: |
Faye |
Storer |
[Chairman] |
|
|
|
Bill |
Christian, JP |
|
|
|
|
Glenda |
Fryer |
|
|
|
|
Graeme |
Mulholland, JP |
|
|
|
|
|
|
|
 APOLOGIES
That an apology
from Cr C Caughey, on Council business, be received.
CARRIED
CONFIRMATION OF MINUTES
That the minutes
of the Planning Fixtures Committee meeting held on Tuesday, 4 September 2007 be
confirmed as a true and correct record.
CARRIED
EXTRAORDINARY BUSINESS
There was no
extraordinary business.
SIGNS BYLAW APPLICATIONS
There were no
signs bylaw applications to consider.
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 109C MEADOWBANK ROAD, MEADOWBANK
Pursuant to section 104C of the Resource
Management Act 1991, the restricted discretionary activity land use application
by M McIntyre that:
- involves the construction of a new dwelling on a site zoned Residential
2b and subject to Proposed Plan Change 163
- involves the removal of 12 generally protected trees, being a Himalayan
Cedar tree, a Golden Elm tree, a Michelia tree, a Norfolk Island hibiscus, a
Monterey Pine, four Lombardy Poplar trees, a Mahoe tree, a Karo tree and a
Pencil cypress tree
- involves works on a site that is identified on the council's records as
being potentially subject to unstable/suspected ground
at 109C Meadowbank Road, Meadowbank, described as LOT 1
DP 41974 1/3 SH 1915 M2, CT 1123/52, 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:
- a) the consent is given effect to;
or
- b) 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.
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, 104C 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 4.3.2.6 Restricted Discretionary Activities
- clause 7.3.3 Residential Activity
- objectives and Policies 7.6.2.1 Residential 2 (Built/Flora)
- rule 7.7.1 Construction and/or relocation of residential units or any new
building (including accessory buildings) in the Residential 2 zone
- rule 5C.7.3.3 Trees
- rule 5D.6.2 Criteria for Assessing Resource Consents.
Plan Modification 163, and, in particular, the following:
- clause 7.3.3 Residential Activity
- objectives and policies 7.6.2.1 Residential 2 (Built/Flora)
- rule 7.7.1 Construction and/or relocation of residential units or any new
building (including accessory buildings) in the Residential 2 zone
- assessment criteria 7.7.4.3T Further Criteria to be considered
- 7.8.1.15 Fences, Walls or Other Structures n the Residential 1, 2A, 2B
and 2C zones.
Principal issues in contention
The application was not the subject of a 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, the council has considered the
following specialist reports:
- the Assessment of Effects prepared by Brent Goldschmidt of Professional
Building Consultants
- the geotechnical report prepared by Wilton Joubert Ltd, dated 30 May 2006
- the arborist report prepared by N Clunie of Clunie & Associates, dated
August 2006
- the memo prepared by Scott Paton of Auckland City Council, Development
Engineering Division, dated 6 July 2007
- the memo prepared by Grant Sirl of Auckland City Council, Consultant
Arborist, dated 24 July 2007
- the memo prepared by Grant Sirl of Auckland City Council, Consultant
Arborist, dated 21 August, 2007
- the planning report prepared by Sonja Hancock of Barker & Associates,
dated 4 September 2007
- the landscape planting and enhancement schedule and the details set out
on bush management and weed control on the site, written by N M U Clunie of
Clunie and Associates, dated September 2007
Main findings of fact
The committee considers that the main 'findings of fact'
are:
- the proposed new dwelling will have no adverse shading, dominance and
privacy effects on the surrounding environment
- the proposed new dwelling will have no adverse effects on the character
and amenity of the surrounding neighbourhood
- the proposed new dwelling will have no adverse effects on any existing
soil hazards on the subject site
- the removal of 12 generally protected trees will have only minor adverse
effects on the treescape amenity of the surrounding environment given the
replacement planting that is proposed.
Reasons for the decision
- (a) The granting of consent to the
application will have only minor effects on the environment.
- (b) The application is consistent
with the relevant assessment criteria, particularly those relating to the
construction of a new residential dwelling
- (c) The removal of generally
protected trees and the status of soil on the site as being subject to
weak/filled ground.
- (d) The application is consistent
with the objectives and policies of the Operative District Plan and there are no
persons considered to be adversely affected by the proposal.
Conditions
Pursuant to section 108 of the Resource Management Act
1991, this consent is subject to the conditions that follow.
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:
"Proposed dwelling for M&S
McIntyre, Lot 1 DP 41974, 109C Meadowbank Rd, Meadowbank", drawn by Bryce Davis
Builders Ltd being:
- sheet 1 Revision B, dated 06.05.07
- sheet 2 Revision C, dated 23.07.07
- sheet 3 Revision A, dated 06.05.07
- sheet 4-5, dated 9.10.06
- sheet 6 Revision B, dated 06.05.07
and referenced by the council as LUC20070375901.
Monitoring
- The consent holder shall pay
to 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).
Soil stability
- Foundation, earthworks and
retaining shall be undertaken in accordance with the report by Wilton Joubert
Ltd, dated 30 May 2006. Further design details shall be provided with the
building consent application.
Trees
- The Monterey pine and four (4)
Lombardy Poplar trees shall be dismantled and removed in a manner that
eliminates damage to the Norfolk Island pine.
- The stumps of the Monterey
pine and the Poplar trees within a 6.0m radius of the Norfolk Island Pine tree,
measured from the outer periphery of the northern-northeastern tree trunk face,
shall remain in place and not be dug out and removed with an excavator. The
tree stumps can be ground with a stump grinder to just below existing ground
levels.
- Immediately following the
removal of the Pine and Lombardy Poplar trees, and prior to any excavation work
or associated work commencing upon the site, a 'solid' (e.g. plywood or
similar), minimum 1.2m high, protection barrier fence shall be erected in the
following positions and around the respective trees:
- at a minimum 2m distance out and
around the dripline periphery (within the site) of the Japanese Cedar tree
- at a minimum 6m radii distance
around the Norfolk Island Pine tree root plate area within the subject site,
measured from the outer tree trunk face (northern - northeastern side) of the
Norfolk Island Pine tree, with all tree protection fences to be securely fixed
in place and to remain in place for the duration of the proposed site
development.
- Prior to any site works
commencing, and immediately following the erection of protection fencing, a site
meeting shall be arranged between the consent holder, appointed contractor and
the council area arborist to inspect, and, if acceptable, approve the
positioning of the protective fencing. A minimum of five (5) working days notice
shall be provided to the council area arborist of the intended date to have the
site meeting.
- There shall be no soil
scraping of any fill, stripping of topsoil or trenching work carried out within
the fenced off areas around the retained trees upon the site with the area
between the protection fencing alignment and the respective tree trunks deemed a
total exclusion zone where no work of any nature shall occur and nor shall any
building materials or other items associated with the building or drainage work
be stored or deposited within the fenced off areas around the respective trees.
- The installation of the
stormwater and sanitary sewer line along the eastern embankment of the section,
including the 600mmǿ mini chamber over the existing sanitary sewer line shall be
installed by way of excavating the trenches manually using hand held tools (ie
spade etc).
Landscaping plan
- A detailed landscape plan,
including an implementation and maintenance programme, shall be submitted to and
approved by the council (resource consent monitoring leader), prior to any works
commencing on the site and within two (2) months of the Land Use consent being
approved.
- The plan shall include
details of the plant sizes at the time of planting and intended species. Such a
plan is to include and show the position of a minimum of eight (8) specimen
grade trees, having a minimum root ball size of Pb 90 (or 45 ltr equivalent) and
being a minimum height of 1.8m at the time of planting, to be planted within the
site to mitigate the removal of trees from the property. The landscaping shall
be in accordance with the landscape planting and enhancement schedule and the
details set out on bush management and weed control on the site, written by N M
U Clunie of Clunie and Associates dated September 2007 submitted as part of this
application.
- 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.
- The
consent holder shall notify the council's resource consent monitoring leader in
writing when the replacement planting required as a condition of consent has
been completed. This notification shall be received by the council within one
month of the planting occurring, and the planting location of the replacement
trees shall be in accordance with the council approved landscape plan.
Notification can be sent by fax on 353 9186 attn: resource consent monitoring
leader, or mailed to Private Bag 92516, Wellesley St, Auckland
Bond
- To ensure the performance of
condition (10) above, the consent holder shall pay a bond to the sum of $10,000
to the council.
- The bond shall be paid prior
to commencement of work on the site and shall be either cash or guaranteed by a
registered trading bank in accordance with the council's requirements.
- The bond shall be held for a minimum period of 12 months from the
date of planting. Half of the bond shall be released when, in the opinion of
the resource consents monitoring leader, Auckland City Environments, conditions
contained within this consent have been satisfied. The second half of the bond
shall be released when in the opinion of the resource consents monitoring
leader, Auckland City Environments, the trees planted as a condition of consent
are alive, in good condition and well maintained three years after the date of
planting.
- The bond document shall be
prepared by the consent holder at his/her expense and submitted to the resource
consents monitoring leader, Auckland City Environments, for approval. Any costs
incurred by the council in preparing, checking, assessing and release of this
bond shall met by the consent holder.
Earthworks
- 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.
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.
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 applicant needs to obtain all
other necessary consents and permits, including those under the Building Act
2004, and comply with all relevant council bylaws.
- 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 the council, in writing, of their intention to begin works, a minimum
of seven days prior to
commencement. Such notification shall be sent to the resource consents
monitoring leader 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.
- 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 the 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.
- 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.
- 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 the council
within 15 working days of notification of the decision. The 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
Note: Cr G Fryer requested that her vote
against the decision be recorded.
[ATTACHMENTS 5.1A - 5.1D]
5.2. 10-14 VICTORIA STREET AND 43-45 QUEEN STREET, OTAHUHU
LAND USE
Pursuant to sections 104B and 104D of the Resource
Management Act 1991, the non-complying activity land use application by Goodland
Investments Limited to establish a four-lot residential development that
requires consent for the following reasons:
- the proposal involves 1472m2 of earthworks on an area with an
average slope of 8 per cent (Rules 4.3.2.5 & 4A.2)
- the proposal will result in a density of 1:369m2 where 1:375m2
is permitted (Rule 7.7.1 and 7.7.2.1)
- the proposal involves retaining walls within three metres of the boundary
with a maximum vertical height of 1.2m over an approximate maximum horizontal
length of 6m (Retaining Walls - 7.8.1.3(d)(v))
- the proposal involves a retaining wall with a maximum height of 1.62m in
the front yard (Rule 7.8.1.7A)
- the proposal involves a structure in the front yard (Queen Street) on Lot
4 utilised for pedestrian access (Rule 7.8.1.7A)
at 10 - 14 Victoria Street and 43 and 45 Queen Street,
described as PT LOT 62 DP 16677, (CT 375/73), LOT 63 DP 16069, (CT 417/61), and
LOTS 73-75 FAIRBURNS 269A GRANT, (CT 555/259), 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 relevant statutory provisions of the Resource
Management Act 1991 have been taken into account in the assessment of this
application, as follows:
- part II, part VI
- sections 104, 104B, 104D and 108.
Relevant plan provisions
The relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and,
in particular, the following:
- Rules:
- 4.3.2.5, 4A.2B - Earthworks
- 7.7.1 and 7.7.2.1 - Activities in the Residential Zones
- 7.8 - Development Controls (Residential Activity)
and the reasons, explanations and criteria accompanying
these rules
- Objectives
- 7.3.1, 7.3.2 and 7.3.3: Residential zones
- 7.6.6.1: Residential 6a zone
and their associated policies.
Summary of evidence
This application was not the subject of a contested
hearing. Whilst no evidence has been provided, the council has considered the
following specialists' reports:
- the application assessment of environmental effects report entitled
"Application for Land Use and Subdivision Consent 10-14 Victoria Street and
43-45 Queen Street Otahuhu" prepared by Melanie McKelvie of Davis Ogilvie &
Partners Limited, dated April 2007
- architectural drawings prepared by Goodland Homes:
drawings list
- 101 - Site Plan - dated Sep 10, 2007
- 201 - Proposed Unit C, Lot 1, Elevations - dated 4/26/07
- 301 - Proposed Unit C, Lot 1, Lower Floor Plan - dated 4/26/07
- 302 - Proposed Unit C, Lot 1, Upper Floor Plan - dated 4/26/07
- 201 - Proposed Unit D, Lot 2, Elevations - dated 4/26/07
- 301 - Proposed Unit D, Lot 2, Lower Floor Plan - dated 4/26/07
- 302 - Proposed Unit D, Lot 2, Upper Floor Plan - dated 4/26/07
- 201 - Proposed Unit B, Lot 3, Elevations - dated 4/26/07
- 301 - Proposed Unit B, Lot 3, Lower Floor Plan - dated 4/26/07
- 302 - Proposed Unit B, Lot 3, Upper Floor Plan - dated 4/26/07
- 201 - Proposed Unit A, Lot 4, Elevations - dated Sep 10, 2007
- 301 - Proposed Unit A, Lot 4, Lower Floor Plan - dated Sep 10, 2007
- 302 - Proposed Unit A, Lot 4, Upper Floor Plan - dated 4/26/07
- site analysis prepared by Goodland Homes entitled "Proposed Development
-
Site Analysis", dated April 2007
- perspective drawings
- District Plan Compliance Summary Table prepared by Melanie McKelvie of
Davis Ogilvie and Partners Limited
- "Earthworks and Sediment Control Plan", Drawing 100 Issue ref: C prepared
by Davis Ogilvie and Partners Limited, dated 11/06
- "Construction & Earthworks Management Plan" prepared by Davis Ogilvie and
Partners Limited, dated April 2007
- "Retaining Wall Longsections" Drawing 101 Issue ref: C prepared by Davis
Ogilvie and Partners Limited, dated 11/06
- "Typical Retaining Wall Detail and Setout Table" Drawing 102 Issue ref: B
prepared by Davis Ogilvie and Partners Limited, dated 11/06
- "Accessway Plan" Drawing 200 Issue ref: C prepared by Davis Ogilvie and
Partners Limited, dated 11/06
- "Accessway Cross Sections" Drawing 201 Issue ref: A prepared by Davis
Ogilvie and Partners Limited, dated 11/06
- "Stormwater and Wastewater Services Plan" Drawing 300 Issue ref: D
prepared by Davis Ogilvie and Partners Limited, dated 11/06
- infrastructure report entitled "Infrastructure Constraints report 10-14
Victoria Street & 43-45 Queen Street, Otahuhu Auckland City" prepared by Craig
Reeves of Davis Ogilvie and Partners Limited, dated April 2007
- traffic report entitled "10-14 Victoria Street & 43-45 Queen Street"
prepared by Pauline Soo of Traffic Engineering & Management Limited, dated 11
April 2007
- landscape plan entitled "Landscape design for 10 Victoria St, Otahuhu"
prepared by sienna.design, dated 18.04.07
- the memo entitled "Request for Urban Design Comments 10-12 Victoria &
43-45 Queen Streets, Otahuhu", dated 29 March 2007, prepared by Senior Urban
Designer, Nicola Williams on behalf of the 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).
Principal issues in contention
The application was publicly notified, however, no
submissions were received. Therefore the application was not subject to a
contested hearing as the council generally concurs with the applicant's
assessment. Accordingly, there were no issues in contention.
Main findings of fact
The committee considers that the main 'findings of fact'
are:
- the proposed building is consistent with the scale and relative to the
built form of the surrounding residential development
- the applicant has significantly addressed initial concerns from the
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 that any adverse effects are managed, specifically construction
noise, construction traffic, and silt and sediment controls
- infrastructure, such as stormwater services, has the capacity or can be
adequately upgraded to manage the needs of the proposal.
Reasons for the decision
The reasons for this 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 have no more than minor adverse
effects on the environment.
- In terms of section 104(1)(b) of
the Act, the proposal is consistent with the relevant regional 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 residential zones (7.3.1, 7.3.2, 7.3.3 and
7.6.6.1).
- 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.
Section 104D non-complying activities
- In terms of section 104D(1)(a)
of the Act, it has been concluded that any adverse effects on the environment of
allowing the activity will be no more than minor.
- In terms of section 104D(1)(b)
of the Act, it is concluded that the proposal will be consistent with the
objectives and policies of the Residential 6a zone, and is generally consistent
with objectives and policies relating to trees and transportation.
Therefore, it is considered that the proposal satisfies
the two tests for a non-complying activity.
Conditions of consent
Pursuant to section 108 of the Resource Management Act
1991, this consent is subject to the conditions that follow.
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 report entitled "Application for
Land Use and Subdivision Consent 10-14 Victoria Street and 43-45 Queen Street
Otahuhu" prepared by Melanie McKelvie of Davis Ogilvie & Partners Limited, dated
April 2007
-
architectural drawings prepared by Goodland Homes
drawings list
- 101 -
Site Plan - dated Sep 10, 2007
- 201 -
Proposed Unit C, Lot 1, Elevations - dated 4/26/07
- 301 -
Proposed Unit C, Lot 1, Lower Floor Plan - dated 4/26/07
- 302 -
Proposed Unit C, Lot 1, Upper Floor Plan - dated 4/26/07
- 201 -
Proposed Unit D, Lot 2, Elevations - dated 4/26/07
- 301 -
Proposed Unit D, Lot 2, Lower Floor Plan - dated 4/26/07
- 302 -
Proposed Unit D, Lot 2, Upper Floor Plan - dated 4/26/07
- 201 -
Proposed Unit B, Lot 3, Elevations - dated 4/26/07
- 301 -
Proposed Unit B, Lot 3, Lower Floor Plan - dated 4/26/07
- 302 -
Proposed Unit B, Lot 3, Upper Floor Plan - dated 4/26/07
- 201 -
Proposed Unit A, Lot 4, Elevations - dated Sep 10, 2007
- 301 -
Proposed Unit A, Lot 4, Lower Floor Plan - dated Sep 10, 2007
- 302 -
Proposed Unit A, Lot 4, Upper Floor Plan - dated 4/26/07
-
site
analysis prepared by Goodland Homes entitled "Proposed Development - Site
Analysis", dated April 2007
-
perspective drawings
-
District Plan Compliance Summary Table prepared by Melanie McKelvie of Davis
Ogilvie and Partners Limited and as amended by conditions of consent
-
"Earthworks and Sediment Control Plan" Drawing 100 Issue ref: C prepared by
Davis Ogilvie and Partners Limited, dated 11/06
-
"Construction & Earthworks Management Plan" prepared by Davis Ogilvie and
Partners Limited, dated April 2007
-
"Retaining Wall Longsections" Drawing 101 Issue ref: C prepared by Davis Ogilvie
and Partners Limited, dated 11/06
-
"Typical Retaining Wall Detail and Setout Table" Drawing 102 Issue ref: B
prepared by Davis Ogilvie and Partners Limited, dated 11/06
-
"Accessway Plan" Drawing 200 Issue ref: C prepared by Davis Ogilvie and Partners
Limited, dated 11/06
-
"Accessway Cross Sections" Drawing 201 Issue ref: A prepared by Davis Ogilvie
and Partners Limited, dated 11/06
-
"Stormwater and Wastewater Services Plan" Drawing 300 Issue ref: D prepared by
Davis Ogilvie and Partners Limited, dated 11/06
-
infrastructure report entitled "Infrastructure Constraints report 10-14 Victoria
Street & 43-45 Queen Street, Otahuhu Auckland City" prepared by Craig Reeves of
Davis Ogilvie and Partners Limited, dated April 2007
-
traffic report entitled "10-14 Victoria Street & 43-45 Queen Street" prepared by
Pauline Soo of Traffic Engineering & Management Limited, dated 11 April 2007.
Monitoring
- The
consent holder shall pay the council a consent compliance monitoring charge of
$500 (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
(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.
Earthworks
- The
subdivider shall take all necessary measures to control silt contaminated
stormwater at all times during the earthworks and during building development in
accordance with the council's and/or Auckland Regional Council's requirements.
See Annexure 14 of the District Plan.
Pedestrian access
- A set
of steps for the purposes of use by the residents of Lot 4 shall be constructed
at the most appropriate point along this eastern interface with Queen Street. A
gate and footpath extension to this gate should also be constructed. The
increase in building coverage on Lot 4 resulting from the provision of these
stairs is included in the granting of this resource consent. However, should
consent not be gained from the Council to construct part of the steps in the
road berm then this condition shall be waived in its entirety. Evidence of
refusal for approval from the council must be provided to enable a waiver of
this condition.
Landscaping plan
- An updated landscape plan (generally in accordance with the Landscape
Design prepared by sienna.design, dated 18.04.07), including at least four
specimen trees of pb95 and at least 1.8m high at the time of planting, and
including an implementation and maintenance programme, shall be submitted to and
approved by the council (resource consent monitoring leader), prior to
completion of works on the site.
Bond
- To ensure the performance of condition (5) above, the consent holder
shall pay a bond to the sum of $5,000 to the council.
- The
bond shall be paid prior to commencement of work on the site and shall be either
cash or guaranteed by a registered trading bank in accordance with the council's
requirements.
- The
bond shall be held for a minimum period of 12 months from the date of planting.
Half of the bond shall be released when, in the opinion of the resource consents
monitoring leader, Auckland City Environments, conditions contained within this
consent have been satisfied. The second half of the bond shall be released when
in the opinion of the resource consents monitoring leader, Auckland City
Environments, the trees planted as a condition of consent are alive, in good
condition and well maintained three years after the date of planting.
- The
bond document shall be prepared by the consent holder at his/her expense and
submitted to the resource consents monitoring leader, Auckland City
Environments, for approval. Any costs incurred by the council in preparing,
checking, assessing and release of this bond shall be met by the consent holder.
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.
Works
on council berm
- The consent holder is advised that the necessary approvals and consents
from the council must be obtained in relation to any landscaping or building
works on the road/footpath. In this instance, please contact the manager, street
amenity services - Arts, Community and Recreation Services.
Urban
design
- It is
advised that the eastern façade of the ground floor of the proposed dwelling on
lot 4 is modulated slightly to provide improved visual interest to passers by
along Queen Street. It is further suggested that to achieve this, the kitchen
space could be extended east towards Queen Street by 500-1000mm, as well as
incorporate windows that are the same height off the ground as those proposed in
the eastern elevation of the Dining Room. This will enable occupants to
actually look out and up onto the streetscape. Amendments to the plans can to
be submitted to the council's urban designer for approval prior to the start of
construction.
- It is
advised that the proposed Gleditsia trees could be replaced with a species that
has no sharp leaves, provides some additional colour and also drops leaves in
winter to provide sunlight into the north-facing rooms. Such a species could
include Kowhai trees.
General
- 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 the 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 the 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 the council within 15 working days of
notification of the decision. The 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.
SUBDIVISION
Pursuant to section 104B of the Resource Management Act 1991, the discretionary
activity subdivision application by Goodland
Investments Limited for a freehold subdivision that:
- infringes the internal height in relation to boundary control on Lot 1 over Lot
3 by a maximum vertical height of 328mm over a maximum horizontal length of 5.8m
as it relates to the common eastern internal boundary
- infringes the internal height in relation to boundary control on Lot 3 over Lot
4 by a maximum vertical height of 457mm over a maximum horizontal length of
7.98m as it relates to the common eastern internal boundary
- infringes the internal height in relation to boundary control on Lot 4 over Lot
3 by a maximum vertical height of 1.1m over a maximum horizontal length of 5.16m
over Lot 3 as it relates to the common western internal boundary
- infringes the maximum building coverage on Lot 2 by 1.4 per cent or 10 m², with
217m² or 30 per cent allowed, and 227m² proposed
- infringes the maximum building coverage on Lot 2 by 1.1 per cent or 3.8m², with
123.2m² or 35 per cent allowed, and 127m² proposed
- infringes the maximum building coverage on Lot 4 by 4 per cent or 13.28m², with
113.75m² or 35 per cent allowed, and 127.03m² proposed
at
10 - 14 Victoria Street and 43 and 45 Queen
Street, described as PT LOT 62 DP 16677, (CT 375/73), LOT 63 DP 16069,
(CT 417/61), and LOTS 73-75 FAIRBURNS 269A GRANT, (CT 555/259), 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
relevant statutory provisions of the Resource Management Act 1991 have been
taken into account in the assessment of this application:
- part
II, part VI
- sections 104, 104B, 104D and 108
Relevant plan provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Rules
- 11.5.2.7: Existing or Approved Development Subdivision
- 7.8:
Development Controls (Residential Activity)
and
the reasons, explanations and criteria accompanying these rules
- Objectives
- Section 11: Subdivision
- 7.6.6.1: Residential 6a Zone
and
their associated policies
- Assessment Criteria
- 11.5.5.2. Discretionary Activities Criteria
Principal issues in contention
The
application was publicly notified, however, no submissions were received
therefore the application was not subject to a contested hearing as the council
generally concurs with the applicant's assessment. Accordingly, there were no
issues in contention.
Summary of evidence
In
relation to these matters, the council considered:
- the
application, scheme plan and assessment of effects by Davis Ogilvie &
Partners Limited in respect of planning issues, dated April 2007
- memo
prepared by the council's development engineer, Stacy Gibson, dated 17 August
2007.
Main
findings of fact
The
Committee considers that the main 'findings of fact' are:
- having had regard to the information provided in the application, the council
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 the council's
development engineer.
Conditions of consent
- Pursuant to sections 108 and 220 of the Resource Management Act 1991,
this consent is subject to the following conditions:
- that Right of Way Easements labelled 'A', 'B','C', D' be created and
granted or reserved.
- that Utilities Easements labelled 'A','B','D' be created and granted or
reserved.
- That
Drainage Easements labelled 'A', 'B' be created and granted or reserved.
- That
a certificate pursuant to section 224(c) of the Resource Management Act will not
be issued until conditions (3) to (12) have been met to the satisfaction of the
council and at the owner's expense.
Wastewater
- That
all the necessary pipes and ancillary equipment are to be supplied and laid to
provide individual wastewater private connections from the lots 1-4 to the
existing public wastewater line. Lot 1 to
connect via the public wastewater line located in the road reserve. Lots 2 and 3
to connect via the public wastewater line within the Lot boundaries. Lot 4 to
connect via easement B.
A Building Consent will be required for these works. 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".
Stormwater
- That
all the necessary pipes and ancillary equipment are to be supplied and laid to
provide individual stormwater private connections from Lots 2, 3 and 4 and the
ROW to the proposed public stormwater manhole SWMHA1 and Lot 1 to the existing
public stormwater manhole on Lot 1 via easements A and B.
A Building Consent will be required for this work. 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".
Note:
Stormwater detention tanks will be required to be installed at the time of
construction of the new dwellings. Stormwater detention tank shall be designed
to attenuate the 10 year storm event.
Note:
With respect to conditions (3) and (4), 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 private drainage works, OR a copy of the
Auckland City Council's 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 the Council'satisfaction.
- That
the proposed public stormwater manhole is to be constructed over the existing
public stormwater line traversing along the front of Lots 1 and 2, between
manhole NN6438 and NN6461. An Engineering Plan 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 drawn by a person suitably qualified to do so and
submitted to Auckland City Environment's Development Engineering.
Note:
The Consent holder is advised that a section 224(c) certificate will not be
issued for the subdivision without these being signed off by Development
Engineering as having being satisfactorily constructed, inspected by Development
Engineering (not a building inspector) and "As-Builts" provided.
- "As-Built" plans are to be provided to the council for all new public assets to
be vested in the council and Metrowater. Requirements are outlined in the
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
related to stormwater. The section 224(c) certificate will not be issued until
the "As-Built" plans are to the council's requirements and have been approved.
Note:
Please contact Mr Satish Busapala Phone no. 353 9590 for details.
Access
- That
a new ROW A, B, C & D to serve the Lots 1- 4 be formed, paved and drained to
Auckland City Council specifications including the provision of stormwater
catchpits and or slot drains within the boundary of the ROW and where necessary
the provision of kerbing or similar to prevent water flowing in other
properties.
An Engineering ROW approval application, including detailed engineering
plans and calculation for construction for the work, is being processed and upon
approval all works are to be carried out in accordance to the application. Refer
to ENG20060077901.
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 been
satisfactorily constructed, inspected by Development Engineering (not a building
inspector).
- A new vehicle crossing is to be constructed to serve Lots 1- 4. These
works are required to be completed prior to any development on site commencing
or application for a section 224(c) certificate. A Vehicle Crossing Permit is
required to be obtained for these works. Please contact Inspections Officer, Ph
353 9032 for standards and requirements.
The consent holder is advised that a section 224c certificate will not
be issued until a vehicle crossing permit is issued, constructed, and passed by
a building inspection officer.
- That the power pole within the vehicle crossing shall be
relocated/removed to enable suitable access to the new common access to service
Lots 1-4. Written Consent from Vector shall be obtained and submitted to the
council prior to 224c release.
Consent Notice
- The subdivider shall cause to be registered against the Certificate of Title for
Lots 1, 2, 3 and 4; a Consent Notice pursuant to section 221 of the Resource
Management Act 1991, recording the following condition(s) which are to be
complied with on a continuing basis.
Stormwater runoff from the site is disposed of to the public stormwater
system via a stormwater detention tank.
The
on-going operation and maintenance of the detention tank is the responsibility
of the Lot owner. The system is to be annually checked and monitored by a
registered drainage contractor / engineer as appropriate.
Activity in accordance with plans
- That
the future dwellings on Lots 1, 2, 3 and 4, be constructed to roof framing stage
in accordance with Plans T7838/12
(Drawing 1), prepared by Davis Ogilvie and Partners Limited, File Ref. 23539
dated August 07 and plans prepared by Goodland Homes (Proposed Units A, B, C and
D - sheets 101, 201, 301 and 302) dated 26 April 2007 and 10 September 2007,
Council Reference LUC20060661201. (Building Consents are required).
- If
the 224(c) certificate is applied for prior to completion of the dwelling
construction on Lots 1, 2, 3 and 4 (i.e. 224(c) is sought for vacant lots), then
the subdivider shall cause to be registered against the Certificate of Title for
Lots 1, 2, 3 and 4, a Consent Notice pursuant to Section 221 of the Resource
Management Act 1991, recording the following condition, which is to be complied
with on a continuing basis:
The lots have been approved based on an approved development
LUC20060661201. The lots are smaller than the minimum 400m² vacant lot
requirement in the Residential 6a zone. The construction of any dwellings upon
these lots shall be in accordance with the approved dwellings as shown on the
plans T7838/12 (Drawing 1), prepared by Davis Ogilvie and Partners Limited, File
Ref. 23539 dated August 07 and plans prepared by Goodland Homes (Proposed Units
A, B, C and D - sheets 101, 201, 301 and 302) dated 26 April 2007, Council
Reference LUC20060661201
Before approval can be given to any future development on this lot that
is not in accordance with the approved plans, the council will have to agree to
vary or cancel this consent notice. This is to be in conjunction with a Resource
Consent for the proposal.
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.
- Following the completion of construction of the dwelling in accordance with the
approved plans referenced above, the property owner may undertake additions or
alterations that comply with the provisions of the District Plan.
- All
the Lots 1 - 4 will require separate water meters. All water supply connections
to the Metrowater supply main and shall be designed in accordance with
Metrowater's "Development and Connection Standards" and be made by a Metrowater
approved contractor. For details please contact Metrowater.
- The
proposed dwelling on lots 2, 3 and ROW B shall be built over the existing public
wastewater line. A CCTV video and report of the this drain is to be provided
to Auckland City Council's Development Engineering team before any building
consent will be issued for a building over the drain. Approval to build over
the drain may not necessarily be given or specific foundation bridging may be
required.
- 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 the 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 the council within 15 working days of notification of the
decision. The council will as soon as practicable consider the objection at a
hearing.
CARRIED
[ATTACHMENT 5.2A]
5.3. 509 NEW NORTH ROAD, KINGSLAND
Pursuant to section 104B of the Resource Management Act 1991, the non-complying
activity land use application to undertake additions and alterations to an
existing building by
James Simpson that:
- involves additions and alterations to an existing building and the establishment
of a new activity on a site within 30m of a residential zone
- infringes the Basic Floor Area Ratio by 66m2 or 10 per cent
- infringes the front yard landscaping control as no landscaping is proposed
- involves the construction of a verandah to an existing building within the
Kingsland Character Overlay area
- involves the use of a car park in a Residential 1 zone
- infringes the minimum landscaped permeable surfaces control by 90 per cent or
100.7m2
- infringes the maximum paved impermeable surfaces control by 76 per cent or
254.6m2
- involves a car parking shortfall of 16 spaces
- involves a loading space shortfall
at
509 New North Road, Kingsland, legally described as
Lot 1, DP 66820, CT NA 24A/262, 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 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.
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, 104D, 104B and 108 (non-complying activity).
Relevant plan provisions
The
relevant planning documents considered were:
Operative Auckland City District Plan 1999 - Isthmus Section:
- clause 7.3.3 Objectives and Policies
- clause 7.6.1 Objectives and Policies Residential 1 Zone (built)
- clause 7.7.1 - Activities in the Residential 1-7 Zones
- rule
7.8.1.5 - Landscaped Permeable Surface Control
- rule
7.8.1.6 - Paved Impermeable Surface Control
- clause 8.3.3 Objectives and Policies
- clause 8.6.2 Objectives and Policies Business 2 Zone
- clause 8.7.1 - Activities in the Business 1,2,3,4,5,5A and 6 Zones
- rule
8.8.1.2 - Site Intensity Control
- rule
8.8.1.3 - Front Yard Control
- rule
12.8.1.1 - Parking Standards
- rule
12.8.1.2 - Loading Standards
- rule
12.9.1.1 - Assessment Criteria
- assessment criteria 4.3.1.2B Development Control Modification
Plan
modification 163
- clause 7.3.3 Objectives and Policies
- clause 7.6.1 Objectives and Policies Residential 1 Zone (built)
Plan
modification 132 and variation 132
- clause 5C.7.10.1 Objectives and Policies
- rule
5C.7.10.3 - Verandahs.
Principal issues in contention
The
application was not the subject of a 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, the council has considered the following specialist reports:
- the
Assessment of Effects prepared by Duffill Watts & King Ltd, dated February 2007
and submitted with the application
- memo
prepared by the council's architectural planner Mike Watson and dated 20 April
2007
- memo
prepared by the council's community planner Sadhna Valabh and dated 11 April
2007
- traffic assessment prepared by the council's traffic engineer E Ting Wong and
dated 18 May 2007
- email
from the council's traffic engineer E Ting Wong and dated 24 May 2007
- acoustic assessment prepared by the council's acoustic consultant Michael Riley
and dated 8 June 2007
- letter from Hamish (James) Simpson and dated 16 July 2007
- letter from the council's Community Board Member Lindsey Rea dated July 2007
- letter from Barry Kaye, dated 14 March 2007
- letters from Trish and Neil Rasmussen, dated 14 March 2007 and 20 July 2007
- letters from Patrick and Jackie Mulligan, dated 13 March 2007 and 23 July 2007
- email
from Ben Curran, dated 16 May 2007.
Main
findings of fact
The
Committee considers that the main 'findings of fact' are:
- the
proposed additions and alterations will have no adverse effects on the built
character and streetscape and it is anticipated that the proposed changes will
enhance the New North Road streetscape by bringing the building forward in line
with existing commercial development and activating this street edge
- it is
anticipated that there will be no significant changes to the level of amenity
presently enjoyed by the adjacent residential sites by the use of the first
floor as retail and from the proposed additions and alterations to the New North
Road frontage of the building
- it is
expected that the noise levels from the development will comply with the
District Plan requirements with the use of the car park resulting in minor
adverse noise effects where no specific persons are considered to be affected
- it is
considered that there will be minor adverse traffic effects on the surrounding
area resulting from the proposed change in use, parking shortfall and loading
shortfall
- no
specific persons are considered to be adversely affected by the proposal
- the
imposition of the following conditions will ensure that the effects of granting
the application are avoided, remedied or mitigated
- the
granting of this consent to the application is consistent with the tests
relating to non-complying activities.
Reasons for the decision
The
granting of consent to the application will have minor effects on the
environment. The application is consistent with the relevant assessment
criteria, particularly those relating to development control modification. The
application is consistent with the objectives and policies of the Operative
District Plan and no persons are considered to be adversely affected by the
proposal.
Conditions
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the conditions that follow:
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:
-
"Proposed Addition to Building at 509 New North Road for H Simpson", sheets 1-3,
and dated June 06
-
"Car
parking at 509 New North Rd, Kingsland and 24 First Avenue, Kingsland",
sheet A04 Rev 1, drawn by Duffill Watts & King Ltd and dated February 2007; and
-
letter from Hamish (James) Simpson and dated 16 July 2007
and
referenced by the council as LUC20070102501.
Monitoring
- The consent holder shall pay to 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 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.
Hours
of operation
- The retail and warehouse/storage activities operating at 509 New North
Road, Kingsland and 24 First Avenue, Kingsland shall be restricted to operating
between the hours of 7am and 10pm, Monday to Saturday, 9am and 6pm Sundays and
all public holidays.
Use
of the car park
- The car park area at 24 First Avenue, Kingsland shall be used as a staff
car park associated with the activities operating at 509 New North Road,
Kingsland.
- The consent holder shall ensure that pedestrian access to the rear of the
building at 509 New North Road, Kingsland (via 24 First Avenue) shall only be
used by staff associated with the activities occurring at 509 New North Road, to
the satisfaction of the resource consents monitoring leader.
- The consent holder shall ensure that the loading activities occurring
within the car park area at 24 First Avenue, Kingsland, which are associated
with the activities operating at 509 New North Road, Kingsland, shall only take
place between the hours of 9am and 4pm Monday to Saturday, to the satisfaction
of the resource consents monitoring leader.
- A sign shall be placed and maintained on the site stating that during the
hours that the activities are open for business, the parking spaces required by
condition (4) (above) shall be for staff associated with the activities
occurring at 509 New North Road, Kingsland. The sign shall be constructed to
comply with the requirements of the Signs Bylaw. The sign shall be erected prior
to the activity commencing to the satisfaction of the resource consents
monitoring leader.
- All access and manoeuvring/turning areas as depicted on the approved
plans shall be formed, provided with an all weather surface and drained to the
satisfaction of the council (resource consent monitoring leader), prior to the
occupation of any of the tenancies.
Construction
- The consent holder shall ensure that safe and clear pedestrian access
along the public footpath adjacent to 509 New North Road, Kingsland is
maintained during construction, to the satisfaction of the resource consents
monitoring leader.
- The consent holder shall ensure temporary protection is installed to prevent
vehicles damaging drains, footpaths, berms, kerbs, vehicle crossings and the
road during the site preparation and construction phase of development, to the
satisfaction of the team leader, incident management. Any damage to the drains,
footpaths, berms, kerbs, vehicle crossing and the road attributable to any
vehicle associated with construction activities on the site shall be repaired to
the same or similar standard as existed prior to such damage, at the expense of
the consent holder, and to the satisfaction of the resource consents monitoring
leader.
- All construction works shall be restricted to the hours between 7.30am and
6.00pm Monday to Friday and between 8.00am and 1.00pm Saturday. No such work
shall occur on Sundays or public holidays.
- Prior to commencement of any works on the site, the consent holder shall submit
a detailed Construction Management Plan to the satisfaction of the council
(resource consents 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, 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
- the site address to which the consent relates
- any means of protection services such as pipes and watermains within the
road reserve
- 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)
- detailed plan/report to show how construction traffic will be managed
- detailed report to show how pedestrian thoroughfare will be maintained,
including details of proposed signage
- detailed report to demonstrate how pedestrian thoroughfare and/or park
users will be maintained, including on-site management of the adjoining schools
and kindergarten ensuring the safety of the children and staff are not
compromised during any construction during school 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.
Lighting plan
- The consent holder shall submit a lighting plan for the proposed verandah
prepared to the satisfaction of the council (resource consents monitoring
leader), prior to construction. This shall be approved prior to the construction
of the verandah and shall detail all proposed verandah lighting. The lighting
shall comply with the relevant Auckland City Operative District Plan, (Isthmus
Section) lighting controls and Part 13 of the Auckland City Consolidated Bylaw.
- The consent holder shall submit a lighting plan for the car-parking area at 24
First Avenue, Kingsland prepared to the satisfaction of the council (resource
consents monitoring leader), prior to the operation of activities on site. This
shall be approved prior to the operation of the activities on site and shall
detail all proposed lighting. The lighting shall comply with the relevant
Auckland City Operative District Plan, (Isthmus Section) lighting controls and
Part 13 of the Auckland City Consolidated Bylaw.
ADVICE NOTES
- 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.
- 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 the Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification shall be sent to the resource consents monitoring leader 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.
- 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 the 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.
- 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.
- 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 the council within 15 working days of notification of the
decision. The 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.
- 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.
- No signs have been assessed as part of this proposal. Any future signs
proposed for the subject site will need to comply with the relevant sections of
the Auckland City District Plan and the Auckland City Signs Bylaw.
CARRIED
Note:
Cr G Fryer requested that her vote against the decision be recorded.
5.4. 354-378 MANUKAU ROAD, EPSOM
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, and
-
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 sections 104B & 104D of the Resource Management Act 1991, the
non-complying activity land use application by
Vodafone New Zealand Ltd to construct
and operate a telecommunications facility that:
-
infringes the development controls of the Open Space 5 zone.
-
infringes the maximum height allowance of the Open Space 5 zone.
-
is
not provided for under the E 09-32 Concept Plan for the site, Alexandra Park.
-
proposes a building outside of the building platform provided in the E 09-32
Concept Plan for the site, Alexandra Park.
At 354-378 Manukau Road, Epsom
described as PT ALLOTMENT 19 DP 4947, CT NA49C/59 & LOT 1 DP 198505, CT
NA125B/573 be granted consent.
Relevant statutory provisions
The
following relevant statutory provisions have been taken into account in the
assessment of this application: Part II and sections 36, 104, 104B, 104D, 108
and 113.
The
Operative Auckland City District Plan 1999 Isthmus Section. In particular, the
particular provisions of the District Plan considered relevant or helpful to the
assessment of this application were deemed to be as follows:
- clause 4.3.1.2B Development Control Modification
- clause 4.3.1.3 Non Complying Activities
- clause 4A.4.6D Network Utility Services: Discretionary Activities
- clause 9.6.5 Open Space 5 Objectives and Policies
- clause 9.7.2 Activities in Open Space 5 Zone
- clause 9.7.2.2 Discretionary Activities in Open Space 5 Zone Assessment Criteria
- clause 9.8.2 Development Controls Open Space 5 Zone
Also,
Plan Modification 90, relating to Network Utilities within the Auckland Isthmus.
- clause 4A.4.3 Objectives
- clause 4A. 4.4 Policies
- clause 4A.4.8.1 Network Utility Activities
- clause 4A.4.11 Restricted Discretionary Activities Assessment Criteria
- clause 4A.4.12 Discretionary Activities Assessment Criteria
Also,
Plan Modification 10, relating to the rezoning of part of an area within the
subject site to Business 8 and alterations to the site concept plan. This plan
modification has prompted this consent as the proposed incorporation of
residential development within the concept plan is proposed within the area of
which the existing telecommunications facility is located. The telecommunication
facility proposed in this application seeks to replace the existing facility.
Principal issues
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
The
following evidence has been considered by the council:
-
Assessment of Environmental Effects entitled "Vodafone New
Zealand Limited, Proposed Establishment and Operation of a Telecommunication
Facility at 354-378 Manukau Road, Epsom, Application For Resource Consent"
prepared by Nick Grala of Harrison Grierson Consultants Limited and dated
May 2007.
-
Application plans entitled `Vodafone NZ LTD, Auckland Showgrounds, Alexandra
Park, Green Lane West, Resource Consent Drawings" drawn by Harrision Grierson
Consultants Limited, date stamped by the Council 30 July 2007 and including
sheets marked:
- Locality and Site Plan
- Elevation
- Photomontage 01
- Photomontage 02
-
Memo
prepared by Ruben Naidoo, environmental health specialist, Auckland City
Council, dated 15th June 2007.
Main
Findings of Fact
The
committee considers that the main 'findings of fact' are that:
- the proposal will be located approximately 340m away from the nearest
residentially zoned property
- the proposal infringes the development controls relating to maximum height
- there will be potential adverse visual, character, dominance and radio frequency
effects generated by the proposal. These adverse effects will be minor and
largely internalised within the site because of several mitigating factors
- the mitigating factors include the predominance of non-residential activities
within the surrounding area; the large setback from boundaries where adverse
effects would otherwise have the potential to be greater; the presence of
similar structures in the immediate area; screening provided by established
vegetation and fences both on the subject site and the surrounding area; design
and colours of the telecommunications facility; the compliance of the radio
frequency exposure levels with the relevant provisions of the Bylaw
- the level of the potential public exposure to electro-magnetic radiation is well
within the Auckland City Council Bylaw limit
- there will be no adversely affected parties
- the proposal is not contrary with the relevant objectives and policies of the
Auckland City Operative District Plan - Isthmus Section 1999.
Reasons for the decision
Pursuant to section 113 of the Resource Management Act 1991, the reasons for
this non complying activity consent are as follows:
- The
granting of consent to the application will have minor effects on the
environment that will be largely internalised within the site. In particular,
the proposal will generate minor adverse visual, character, dominance and radio
frequency effects. These effects will remain minor in scale due to mitigating
factors which involve the predominance of non-residential activities within the
surrounding area; the large setback from boundaries where adverse effects would
otherwise have the potential to be greater; the presence of similar structures
in the immediate area; screening provided by established vegetation and fences
both on the subject site and the surrounding area; design and colours of the
telecommunications facility; the compliance of the radio frequency exposure
levels with the relevant provisions of the Bylaw.
- The granting of consent to the applicant's proposal is consistent with the
relevant assessment criteria for discretionary activities and non-complying
activities, and in particular, those matters listed in Clause 9.7.2.2
Discretionary Activities in Open Space 5 Zone Assessment Criteria and as listed
in Plan Modification 90, Clause 4A.4.11 Restricted Discretionary Activities
Assessment Criteria & Clause 4A.4.12 Discretionary Activities Assessment
Criteria.
- the level of the potential public exposure to electro-magnetic radiation is well
within the Auckland City Council Bylaw limit.
- The imposition of the following conditions will ensure that the effects of
granting the application are minor, and in particular, that all adverse effects
are contained within the subject sites and the activity is carried out in
accordance with the approved 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.
Conditions of consent
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:
- application plans entitled `Vodafone NZ LTD, Auckland Showgrounds, Alexandra
Park, Green Lane West, Resource Consent Drawings" drawn by Harrision Grierson
Consultants Limited, date stamped by Council 30 July 2007 and including sheets
marked:
-
locality and Site Plan
-
elevation
-
photomontage 01
-
photomontage 02
- assessment of Environmental Effects entitled
"Vodafone New Zealand Limited, Proposed Establishment and Operation of a
Telecommunication Facility at 354-378 Manukau Road, Epsom, Application For
Resource Consent" prepared by Nick Grala of Harrison Grierson Consultants
Limited and dated May 2007.
And referenced by Council as LUC20070326901.
Monitoring
- The consent holder shall pay the Council a consent compliance monitoring
charge of $261.50 (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 $261.50(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.
Environmental health
- The
subject antennas referred to in this decision may be modified without further
council approval provided that the number and size of the antennas do not
increase and the antennas comply fully with all other requirements of Part 28 of
the Bylaw and the District Plan.
- Upon request from the council, at no lesser intervals than annually, the
consent holder shall provide written confirmation to the resource consents
monitoring leader that the proposed antenna are being operated in compliance
with Part 28 of Auckland City Council's Consolidated Bylaw 1998- Radio
Frequencies. This confirmation, if requested, shall be produced by a registered
engineer or equivalent expert qualified in the field of radio frequencies.
In the event of non-compliance with Part 28 of Auckland City Council's
Consolidated Bylaw 1998-Radio Frequencies, the subject antennae shall cease
operation until compliance can be met. Any costs associated with the cessation
or operation of all or part of the facility, or the realignment or repositioning
of antennas shall be the responsibility of the consent holder.
- Prior to the proposed facility commencing operation a warning sign shall
be placed next to the antenna, to warn any workers or any other members of the
public gaining access to this area of the risk and detailing the extent of the
affected area.
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 applicant is advised that the antennas are to be operated so that the
radiated field does not exceed 250 µW cm-2 for dish antennas as
measured according to NZA 6609: Part 2: 1990 at any point where people (other
than those workers defined within the New Zealand Standard NZS 6609) could
reasonably be exposed.
- 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 the 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, compliance monitoring 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
Note:
Cr G A Mulholland neither spoke nor voted on Item 5.4.
APPOINTMENT OF COMMISSIONERS
6.1. 543 AND 557 ROSEBANK ROAD, AVONDALE
- That any two persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioners to hear and determine a
S537A objection to a condition of an approved subdivision at 543 and 557
Rosebank Road, Avondale.
The panel is Cr G A Mulholland (Chairman) and Cr W A Christian (and
alternates Cr N Raffills and Cr T Millar).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.2. 7 MUIR ROAD, REMUERA
- That any three persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioners to hear and determine an
application to remove a Norfolk Island pine tree at 7 Muir Road, Remuera.
The panel is Cr G Fryer (Chairman), Board Member C Dempsey and Board
Member C McLaren (and alternates Cr C Caughey (alt Chair), Cr T Millar and Board
Member L Rea).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.3. 71, 65 AND 59 LUNN AVENUE, MOUNT WELLINGTON
- That any three persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioners to hear and determine to
amend condition (1) of resource consent LUC20060624501 to allow for a tavern
activity to operate within building A1 of the approved development at 71, 65 and
59 Lunn Avenue, Mount Wellington.
The panel is Mr R Gee (Chairman), Mr K Graham and Cr L Boyle (and
alternates Mr G MacFarlane, Ms J Yates and Cr N Raffills).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.4. 299 QUEEN STREET, AUCKLAND CENTRAL
- That any four persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioners to hear and determine an
application to alter the designation of the existing Aotea car park at 299 Queen
Street, Auckland Central.
The panel is Ms L McGregor (Chairman), Mr D Chandler, Mr G Falconer
and Mr I Athfield (and alternates Mr L Simmons, Ms T Fordyce, Ms J Hudson, Mr J
Hill and Ms K Ryan).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
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 Commissioners
for 2006/2007 be received.
CARRIED
UPDATE ON SIGNS AND BILLBOARD APPLICATIONS
That
the report of the acting manager, Regulatory Services, dated 11 September 2007,
be received.
CARRIED
[ATTACHMENT 9]
There
being no further business the Chairman declared the meeting closed at 12.26pm.
|
