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Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES SUB-COMMITTEE
HELD ON TUESDAY, 30 OCTOBER 2007 AT 1:04 PM
ADJOURNED AT 2.33PM AND RECONVENED AT 2.35PM
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PRESENT: |
Mr |
L |
Simmons |
[Chairman] |
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Mrs |
C |
Hawley |
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Mr |
C |
Stewart |
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 APOLOGIES
There were no
apologies.
CONFIRMATION OF MINUTES
That the minutes
of the Planning Fixtures Sub-Committee meeting held on Tuesday, 23 October 2007
be confirmed as a true and correct record.
CARRIED
EXTRAORDINARY BUSINESS
There was no
extraordinary business.
SIGNS BYLAW APPLICATIONS
4.1. 103 CARLTON GORE ROAD, NEWMARKET
That the application by OnGas to construct a sign at 103 Carlton Gore Road,
Newmarket be deferred to allow the applicant to submit an updated location plan
for the sign.
CARRIED
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 9 MONO PLACE, MOUNT WELLINGTON
That, pursuant to sections 93 and 94 of the Resource
Management Act 1991, this application be processed without notice because:
- there will be no adverse effects of the activity on the
environment
- 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 Horizon International
Church to undertake an extension that:
- exceeds the maximum permitted gross floor area of 500m2
for a permitted activity (1289m2 as established under the previous
resource consent LUC57000294301), with a floor area of 1595m2
- involves a shortfall of 32 parking spaces where 130
parking spaces are required
at 9 Mono Place, Mount Wellington, described as Future
Dev 1 UP 186141, CT 118B/126, 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) and 108.
Relevant Plan Provisions
The relevant planning documents
considered were:
Auckland City District Plan 1999 - Isthmus Section, and,
in particular, the following:
- clause 12.7 (Parking Objectives and Policies)
- clause 8.6.4 (Business 4 Zone Objectives and Policies)
- clause 8.7.4 (Activities in Business Zones)
- clause 8.7.1.1 (Threshold Effect)
- clause 12.8.1.1 (Parking Standards other then in the
Central Parking District)
- clause 12.9.1.1 (Discretionary Activities - Parking).
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, the council has considered the
following specialists' reports:
- the Assessment of Effects included in the Application
and Proposal prepared by Anne Leijnen of Leijnen Consultants Ltd, dated 9 May
2007
- the letter from Anne Leijnen of Leijnen Consultants
Ltd, dated 9 May 2007
- the report prepared by Traffic Planning Consultants,
dated 7 August 2007
- the letter entitled 'Traffic Impact Assessment Review'
prepared by Shumane Consultancy, dated 8 October 2007
- the letter from the council's planning officer M Thode,
requesting further information, dated 12 June 2007
- the email from the applicant's agent Anne Leijnen
entitled 'LUC20070336301 9 Mono Place, Horizon International Church', dated 14
June 2007
- the report of the council's planning officer, dated 23
October 2007.
Main Findings of Fact
The main findings of fact are that:
- the proposal will not increase the practical parking
demand on-site as the applicant proposes to retain the existing intensity of use
at 350 persons on-site at any one time
- the proposed additions are of a scale that will not
dominate adjacent sites, and are screened from nearby residential zones by the
surrounding business activity
- as the proposal will maintain the existing traffic
demand and intensity of use, there will be no significant increase in the
existing noise levels generated by the activity.
Reasons for the Decision
The reasons for this discretionary
activity consent follow.
- (a) The granting of consent
to the applicant's proposal will have no adverse effects on the environment. In
particular, the proposal will maintain the existing intensity of use, parking
requirement, parking provision and noise levels generated by the Church.
- (b) The granting of consent to
the applicant's proposal is consistent with the relevant assessment criteria for
restricted discretionary and discretionary activities, and, in particular, those
relating to the threshold effect and a parking shortfall greater than six
spaces.
- (c) The imposition of the
following conditions will ensure that there are no adverse effects generated by
the proposal.
- (d) 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:
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', Site Plan, drawn by
Lyall Green Consultants Ltd, drawing number SW1, dated 05/2006, date stamped by
the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', Proposed Lower Floor
Plan, drawn by Lyall Green Consultants Ltd, drawing number L03, dated 06/2006,
date stamped by the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', Proposed Upper Floor
Plan, drawn by Lyall Green Consultants Ltd, drawing number L04, dated 06/2006,
date stamped by the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', East Elevations,
drawn by Lyall Green Consultants Ltd, drawing number L09, dated June/2006, date
stamped by the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', Elevations, drawn by
Lyall Green Consultants Ltd, drawing number L10, dated June/2006, date stamped
by the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', West Elevations,
drawn by Lyall Green Consultants Ltd, drawing number L11, dated 05/2006, date
stamped by the council 10 May 2007
- 'Horizon Christian Church, Additions and
Alterations, 151 Marua Road, Mt Wellington, Auckland', Proposed Roof Plan,
drawn by Lyall Green Consultants Ltd, drawing number L12, dated June/2006, date
stamped by the council 10 May 2007
all referenced by the
council as LUC20070336301.
Monitoring
- The consent holder shall
pay the council a consent compliance monitoring charge of $261.85(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 $261.85 (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.
Intensity
- The use of the site shall
be limited to a maximum number of 350 people at any one time.
Contingency Plan
- The consent holder shall
ensure that all procedures contained in the Contingency Plan provided in the
application and proposal are implemented and updated when necessary including
maintenance of a hazardous activity register, and that a copy of the contingency
plan is kept on site at all times.
Construction
- 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 Regional Council's Technical Publication .90 (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.
- 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.
Signage
- The consent holder shall
erect clear signage at the entrance to the site, advising vehicle users of the
entry and exit points and the location of parking spaces for the use of this
activity.
Consent Review
- Pursuant to section 128
of the Resource Management Act 1991, the council may, on a yearly basis, review
the car parking needs for all the activities on site at the consent holder's
expense, to ensure that all the activities on site adequately cater for their
car parking needs. Should this review reveal that the car parking spaces on site
are not sufficient to meet the car parking needs of the activities on site, the
consent holder, at their own expense, shall arrange the provision of further car
parking spaces on land in the general vicinity of the site within two months of
the completion of the review required by this condition of consent. This review
and further provision of car parking spaces should that be required shall be
undertaken to the satisfaction of the Manager: Resource Consents.
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 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.
- Subject to section 198 of
the Local Government Act 2002 and Auckland City Council's Policy on Development
Contributions, a development contribution may be payable on this development. An
assessment notice for this amount will be sent in due course.
- 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 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 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.
CARRIED
5.2. 43-93 TARGET STREET, POINT CHEVALIER
That, pursuant to sections 93 and 94 of the Resource
Management Act 1991, this application be processed without notice because:
- the council is not required to notify an application
for a controlled activity (s93(1))
- the council is not required to notify or serve notice
of an application for a restricted controlled activity as Rule 4.3.2.5 of the
Plan expressly provides that it does not need to be notified or notice served
(s94D(3))
- the council is not required to notify or serve notice
of 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 or notice served
(s94D(2))
- there are no persons considered to be adversely
affected by the activity of the new building constructed within the building
platform identified in the Concept Plan;
- pursuant to section 94C, there are no special
circumstances to warrant notification.
Pursuant to sections 104A and 104C of the Resource
Management Act 1991, the controlled and restricted discretionary activity land
use application by the Selwyn Foundation to construct a three-storey, 36 unit
apartment building that:
- involves the construction of a building within the
building platform identified in the Concept Plan
- involves work within the dripline and pruning of one
generally protected Pin Oak tree, one generally protected Liquidambar tree, and
five generally protected Swamp Cypress Tree located on the site
- involves the removal of one generally protected Swamp
Cypress tree located near the eastern boundary of the site
- involves earthworks over an area greater than 500m²
with an average slope of less than 5%
- involves development works on a site identified on
council records as being potentially subject to soil instability
at 43-93 Target Street, Point Chevalier, described as LOT
1 DP 194801, CT 125B/546, 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 relevant statutory provisions have been
taken into account in the assessment of this application: Part II and 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 (Earthworks)
- clause 5C.7.3.3C (General Tree Protection)
- clauses 5D.6.1 & 5D.6.2 (Land Subject to Instability)
- clause 10.6.1 (Special Purpose 1 Zone Objectives and
Polices)
- clause 10.7.1.2 (Assessment Criteria)
- clause 10.8.1 (Sites Subject to a Concept Plan in
Special Purpose 1 & 2 Zones)
- designation C04-07 Selwyn Village Concept Plan
(Activities, Development Controls and Assessment Criteria)
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, the council has considered the
following reports:
- the Assessment of Effects prepared by Clare Covington
of Harrison Grierson Consultants Ltd, dated 15th May 2007
- the Arboricultural Report by Simon Miller of Peers
Brown Miller Arboricultural Consultants, dated 10th May 2007
- the Transport Assessment Report by Karl Hancock of Flow
Transportation Specialists Ltd, dated 15th May 2007
- the Landscape Development Concept, dated May 2007 and
Statement by Megan Tongue of Harrison Grierson Consultants Ltd; dated 13th
April 2007, and referenced 1021.121367.01
- the Geotechnical Investigation by James Barratt-Boyes
of Harrison Grierson Consultants Ltd, dated March 2007
- the Infrastructure Assessment referenced 1050-124303-01
by Harrison Grierson Consultants Ltd, dated 17th May 2007, and the
addendum dated 29th June 2007, and including the engineering plans
referenced:
- 124303-100 - Erosion and Sediment Control Plan
- 124303-101 - Erosion and Sediment Control Details
- 124303-102 - Demolition Plan
- 124303-200 - Earthworks Plan
- 124303-300 - Roading Plan
- 124303-301 - Roading Details
- 124303-400 - Drainage Plan
- 124303-401 - Drainage Standard Details
- 124303-500 - Watermain Plan (Revision B)
- 124303-501 - Watermain Standard Details - Sheet 1 of 2
- 124303-502 - Watermain Standards Details - Sheet 2 of 2
- the plans entitled 'Stage 1, Selwyn Village -
Apartment Building 1A' by Archmedia Architecture, dated April 2007 and May
2007, and referenced:
- TP-00 Revision B - Overall Site Plan
- TP-01 Revision B - Site Plan
- TP-02 Revision B - Basement Parking Level
- TP-03 Revision B - Ground Floor Plan with Apartments
- TP-04 Revision B - Ground Floor Plan Carcass
- TP-05 Revision B - Levels 1 & 2 Plan Carcass
- TP-06 Revision B - Roof Plan
- TP-07 Revision B - Elevations
- TP-08 Revision B - Town Planning Envelope Sections
- TP-09 Revision C - Town Planning Envelope 3D View
- TP-10 Revision B - Town Planning Envelope 3D View
- the memo prepared by the council's Arborist Nick Stott,
dated 31st May 2007
- the memo prepared by the council's Development Engineer
Scott Paton, dated 4th October 2007
- the memo prepared by the council's Urban Designer
Robert Lipka, dated 14th September 2007
- the correspondence from Ian Craig of Harrison Grierson
Consultants, dated 13th August 2007
- the correspondence from Clare Covington of Harrison
Grierson Consultants, dated 26th June 2007, 24th August 2007 and 27th
September 2007
- the Urban Design Panel minutes, dated 2nd
August 2007.
Main Findings of Fact
The main findings of fact are that:
- the proposed apartment building is in accordance with
the intent of the zone, and in keeping with the Concept Plan
- the proposed parking at the site is considered adequate
for the activity, and it is not considered that there would be adverse effects
on the surrounding streets
- it is considered that the surrounding road network will
not be adversely affected by the traffic generated by the development
- the scale and design of the proposed building is
compatible with other buildings within the site, and the intention of the
proposed long-term redevelopment of the site
- adverse effects on protected trees will be mitigated if
construction is undertaken in accordance with the recommended conditions of
consent
- the proposed development can be adequately serviced by
the existing infrastructure and upgrades to the existing system
Reasons for the Decision
Pursuant to section 113 of the Resource Management Act
1991, the reasons for this controlled and restricted discretionary activity
consent follow.
- The granting of consent
to the application will have no more than minor adverse effects on the
environment. In particular, the proposal will provide adequate parking and
access, will be adequately serviced, and will not compromise the generally
protected trees on the site, or the amenity of the area.
- The granting of consent to the application is consistent with the
relevant assessment criteria for controlled, restricted controlled, and
restricted discretionary activities, and, in particular, those criteria set out in the Concept Plan, and the assessment
criteria relating to trees and earthworks.
- The imposition of the
following conditions will ensure that the effects of granting the application
are minor and adverse effects are adequately mitigated, and, in particular, that
any effects on the generally protected trees, silt sediment run-off and
earthworks are avoided or mitigated.
- The application is
consistent with the objectives and policies of the 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 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 'Stage
1, Selwyn Village - Apartment Building 1A' by Archmedia Architecture, dated
May 2007, and referenced:
- TP-00
Revision B - Overall Site Plan
- TP-01
Revision B - Site Plan
- TP-02
Revision B - Basement Parking Level
- TP-03
Revision B - Ground Floor Plan with Apartments
- TP-04
Revision B - Ground Floor Plan Carcass
- TP-05
Revision B - Levels 1 & 2 Plan Carcass
- TP-06
Revision B - Roof Plan
- TP-07
Revision B - Elevations
- TP-08
Revision B - Town Planning Envelope Sections
- TP-09
Revision C - Town Planning Envelope 3D View
- TP-10
Revision B - Town Planning Envelope 3D View
and including the engineering plans by Harrison Grierson entitled
'The Selwyn Foundation, Selwyn Village Redevelopment - Building 1A' referenced:
- 124303-100 - Erosion and Sediment Control Plan
- 124303-101 - Erosion and Sediment Control Details
- 124303-102 - Demolition Plan
- 124303-200 - Earthworks Plan
- 124303-300 - Roading Plan
- 124303-301 - Roading Details
- 124303-400 - Drainage Plan
- 124303-401 - Drainage Standard Details
- 124303-500 - Watermain Plan (Revision B)
- 124303-501 - Watermain Standard Details - Sheet 1 of 2
- 124303-502 - Watermain Standards Details - Sheet 2 of 2
and referenced by the council as
LUC20070337501.
Monitoring
- The consent holder shall pay to the council a consent compliance
monitoring charge of $542.75 (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.
Generally Protected Trees
- The consent holder shall employ the services of a competent arborist
(appointed arborist) to directly oversee all works within the dripline of the
five Swamp Cypress trees and one Pin Oak tree and one Liquidambar tree.
- 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 holder's appointed arborist, the site construction
manager and any relevant contractors/employees that will be working within the
dripline of the five protected Swamp Cypress trees and one protected Pin Oak
tree and one protected Liquidambar tree. The purpose of this meeting shall be
for the appointed arborist to clarify the Conditions of Consent contained within
this Resource Consent. The consent holder shall provide a copy of the notes
from this meeting by fax to the council's arborist (Nick Stott 353-9186), on the
day of the meeting.
- Prior to any works commencing (including the construction of
the protective fence), the consent holder shall complete the demolition of the
existing building within the dripline of the Swamp Cypress trees. The consent
holder shall protect the trunks of the Swamp Cypress trees using carpet (or
similar) and 2.0 metre high plywood boards to prevent damage. This demolition
work shall be undertaken with care to preserve the protected trees trunks
dripline area from damage and alteration caused by debris.
- Prior to any works commencing on site (with the exception of work
under condition 5 of this resource consent), the consent holder shall construct
self-supporting 1.8 metre high protective fences around the dripline of the five
Swamp Cypress trees and one Pin Oak tree and the dripline of the Liquidambar
tree where it overhangs the subject site. Where the fences cannot be
constructed at the dripline, they shall be no more than 1.0 metre from the
excavation for the building footprint. The protective fence for the Pin Oak tree
shall be located immediately inside the footpath on the western edge of the
dripline to enable continued pedestrian access along this part of the existing
footpath. The fences shall be constructed from Plywood (or council approved
equivalent) 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 all protected
trees on site and on adjacent sites 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 sanitary sewer manholes A/4, A/5 and A/6 shall be constructed
outside the dripline of the Swamp Cypress trees.
- Storm water manholes 1/2 and 1/3 shall be constructed no closer than
6.0 metres from the closest edge of the Swamp Cypress trees trunks.
- The connection for the existing storm water cesspit within the dripline of the Swamp Cypress trees shall be limited to excavations no greater
than 1000mm x 300mm. This work shall be no closer than 3.5 metres from the
closest edge of any Swamp Cypress trees trunk. The same trench shall be
utilised for both the storm water and the subsoil drain.
- Any soil filling (or ground alterations) within the dripline of the
Swamp Cypress trees shall be limited to careful placement of no more than 100mm
of premium quality imported top soil. There shall be no alterations of the soil
any closer than 5.0 metres from the closest edge of any of the Swamp Cypress
trees trunks.
- The new timber fence within the dripline of the Swamp Cypress trees
shall be constructed upon isolated pile foundations. Where possible existing
poles shall be utilised for the new fence.
- All sediment controls, silt fences, earth bunds, clear water runoff
drains and sediment runoff drains shall be constructed outside the driplines of
all protected trees to be retained.
- When working within the dripline of the Liquidambar tree, the widening
of the carriageway (road) shall be completed in accordance with plans (drawing
number 124303-P-200, dated 17/05/07) provided to Council as part of the
application.
- When working within the dripline of the Liquidambar tree, all roots
encountered within the proposed carriageway shall be cleanly cut back to the
edge of the excavation in accordance with accepted arboricultural practice.
- When excavating within the dripline of any protected tree to be
retained on site (with the exception of condition 15 contained within this
resource consent), 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 will provide photo evidence and a brief report relating
to any roots that measure 35mm in diameter or greater to the council within
seven working days of the root removal.
- Immediately upon completion of Building 1A the consent holder
shall remove the existing pathways (by hand using hand held tools, i.e. crowbar)
within the dripline of the Pin Oak tree and replace with new raised boardwalks.
The new boardwalks shall be completed upon isolated pile foundations and there
shall be at least 4mm spacing between planks to allow for permeability. All
excavations within the dripline for paths shall be completed by hand using hand
held tools (i.e. spade) to protect roots that measure 35mm in diameter or
greater.
- The pruning of the Liquidambar tree shall be restricted to:
- crownlift the canopy over the new footpath by the removal of secondary branches
to give a clearance of 2.5 metres
- crownlift the canopy over the new carriageway by the removal of secondary
branches to give a clearance of 4.5 metres
- remove deadwood
- no
more than 15% of live growth shall be removed
- no
topping or reduction of height.
- The pruning of the five Swamp Cypress trees shall be restricted to:
- crownlift the canopy to a height of no more than 3.5 metres by the removal of
secondary branches
- remove deadwood
- remove epicormic shoots
- no
main structural limbs are to be removed
- no
more than 10% of live growth shall be removed from any of the subject Swamp
Cypress trees
- no
topping or reduction of height.
- The pruning of the Pin Oak tree shall be restricted to:
- crownlift the canopy by the removal of secondary branches to give 2.5 metres
clearance above the proposed boardwalk with clearance of foliage (not structural
limbs) up to 3m above the boardwalk
- remove deadwood
- no
main structural limbs are to be removed
- no
more than 10% of live growth is to be removed
- no
topping or reduction of height
- no
live crown pruning shall be completed to accommodate the new building footprint.
- Immediately following the removal of the one Swamp Cypress tree, the
consent holder shall plant two replacement trees within the property. At least
one of 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. All
trees shall be 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 include the
size, species and location of the replacement tree/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 conditions (3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20 & 21) shall be supplied to the 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.
Licensed Cadastral Surveyors Certificate
- A Licensed Cadastral Surveyor shall certify to the council in writing
prior to work progressing beyond foundation and framing stage that the building
will comply with the Operative District Plan 1999 - Isthmus Section's relevant
building in relation to boundary requirement. No work shall proceed beyond this
stage until receipt of such certification, to the satisfaction of the Monitoring
Team Leader, Resource Consents, Auckland City Environments.
Urban
Design
- The applicant shall provide a detailed landscaping plan to Auckland
City Environments Urban Design staff for approval within three months of the
commencement of construction of Building 1A. This shall specify the proposed
location, species, sizes (including heights and Pb size) that is intended to be
provided. These plans should also indicate all proposed retaining walls, walls,
fencing, footpaths and pathways.
- The applicant shall provide a Lighting Plan to Auckland City
Environments Urban Design staff for approval prior to within three months of the
commencement of construction of Building 1A (this information could be included
on the landscaping plan).
- The applicant shall provide glazing to the internal stairwell wall on
the southern end of the upper floor of Building 1A, as detailed in the
correspondence from Ian Craig of Harrison Grierson Consultants Ltd, dated 13th
August 2007.
- The applicant shall provide a footpath along the northern side of the
building that remains consistent in material and in height as it crosses over
the proposed vehicular driveway entrance.
Engineering
- Prior to a building consent being issued, the Consent Holder shall
obtain engineering approvals for extending and altering the public water supply,
stormwater drains and wastewater drains to serve the development of the site.
An alternative arrangement for private services in lieu of public services
extensions shall be at the discretion of Auckland City Environments Monitoring
Team Leader, Resource Consents on advice from Metrowater.
- The consent holder shall implement the following:
- The
basement carpark ramp crest shall be a minimum of RL 14.21 metres. This achieves
a 300mm level above the 50-year flood level of RL 13.91 metres. Refer to
Harrison
Grierson Consultants drawing number 124303-P-200B overland flow cross section BB
drawing
- The
ground floor habitable floor level shall be a minimum of RL15.8m
Certification in writing that the development achieves the above
shall be provided to Auckland City Environments Resource Consent Monitoring
Leader for approval prior to occupancy of the buildings.
- The final 50-year event overland flowpath configuration on site shall
be detailed on a legal survey plan and an easement in favour of the council
shall be created to provide for on going protection of the flowpath. The
consent holder shall implement this through Auckland City Council Legal
Department. All costs relating to the preparation and registration of the legal
documentation shall be met by the consent holder. Details of this shall be
provided to Auckland City Environments Resource Consent Monitoring Team Leader.
An alternative acceptable arrangement shall be that the Consent Holder shall
provide an overland flowpath plan and associated flood data for incorporation
into public flood hazard maps. This shall be at the discretion and satisfaction
of the Monitoring Team Leader, Resource Consents.
- Unless an alternative arrangement for private services in lieu of a
public services extension of the public water supply is agreed upon as per
condition 29, an easement in favour of the council to provide access for
maintenance of public water supply shall be provided. The consent holder shall
implement this through Auckland City Council Legal Department. All costs
relating to the preparation and registration of the legal documentation shall be
met by the consent holder. Details of this shall be provided to Auckland City
Environments Monitoring Team Leader, Resource Consents.
- The consent holder shall provide a detention tank to ensure that the
development's design flows are kept to pre development levels for the 10yr ARI.
Further details and plans shall be provided with the building consent
application.
- Prior to a building consent approval, the consent holder shall obtain
an engineering approval to extend a 100mm public water supply (with a hydrant)
into the site from Humariri Street. An alternative arrangement for private
services in lieu of a public service extension shall be at the discretion of the
Monitoring Leader, Resource Consents.
- The private combined potable supply and fire supply main from Humariri
Rd included in the Harrison Grierson layout plan 124303-500-WM shall comply with
ACE/Metrowater Development & Connection Standard detail drawing number 12908/503
and 504.
Construction
- Prior to commencement of any works on the site, the consent holder
shall submit a Construction Management Plan to the satisfaction of the
Monitoring Team Leader, Resource Consents. 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.
- Silt control shall be implemented on site as detailed in Harrison Grierson Plans numbered 124303-P100 and 124303-P101, both dated 17th
May 2007.
- 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, foundations and retaining construction shall follow the
recommendations of Harrison Grierson Consultants Ltd, dated March 2007, ref
1050-124303-01. Particular care shall be required with respect to:
- design and construction parameters for foundations
- basement construction and retention methodology
- potential compressible ground issues
- engineering inspections
Further details shall be provided with the building consent
application or as requested by the Monitoring Team Leader, Resource Consents.
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 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.
- If the tree/s to which this consent relates are not located on land
owned by the consent holder, the approval of the tree owner/s or an order to be
made by the court under section 129C of the Property Law Amendment Act 1952 may
need to be obtained to give effect to the consent.
- 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 Monitoring Leader, Resource Consents 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 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.
- The consent holder shall be advised of the council's requirements
outlined in Metrowater Development and Connection Standards issued Feb 2005,
particularly the requirements for:
- On -
site separation of private drainage reticulation
- Stormwater detention
- 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.
- A Network utility charge may be applied by Metrowater upon
applications for new meters.
- The consent holder shall implement dust control throughout the
earthworks stage of the development to minimise dust drift to adjacent
properties.
- Any alteration of public services requires "Engineering Approval" from ACE
Development Engineering prior to a building consent being issued.
- Further conditions regarding servicing and access/drives/ROWs may be imposed on
any future subdivision applications.
CARRIED
5.3. 1 CASCADE 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
- 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 Landson
Investments Limited to redevelop the site at 1 Cascade Street, Freemans
Bay, that will contain six office tenancies and two residential units, that:
- involves the construction of a new building within the Mixed Use Zone (Rule
8.7.7)
- involves the construction of a new building within 30 metres of a residential
zone (Rule 8.7.7)
- involves 574.3m2 of earthworks on an area with an average slope of
1.6% where 500m2 is allowed (Rules 4.3.2.5 & 4A.2)
- involves development of an identified contaminated site (Rule 5E.7.4.2)
- involves a plant room for the lift that exceeds the 15m maximum height limit by
a maximum height of 0.3m, over a length of 4.6m with an area of 21.16m2
(Rule 8.8.10.1)
- infringes the site intensity control (Max Floor Area Ratio) by 28.69m2,
with 1,397.31m2 permitted, and 1,426m2 proposed (Rule
8.8.10.2)
- infringes the 2-metre streetscape improvement by two metres over a length of 1.2
as it relates to the southern (Runnell Street) boundary (Rule 8.8.10.3)
- infringes the requirement to provide no less than 60% of that part of the site,
with 26.6m2 required, and 23.74m2 or 53.6% of landscaped
area proposed (Rule 8.8.10.3)
- infringes the 6m + 45º building in relation to boundary control as it applies on
the southern boundary between Mixed Use and Residential 6a sites by up to a
maximum horizontal length of 17m (Rule 8.8.10.4)
- infringes the private open space control as the minimum width of two metres has
not been achieved. (Rule 8.8.10.12)
- provides 22 parking spaces where 31 parking spaces are required (Rule 12.8.1.2)
- provides no loading spaces (Rule 12.8.1.2)
- provides parking spaces that do not meet the minimum required manoeuvring isle
width, with 7.1m required and 6.96m provided (Rule 12.8.1.3)
- provides seven pairs of stacked car parking spaces (Rule 12.8.1.3)
at
1 Cascade Street,
Freemans Bay,
described as
LOT 2 DP 22113,
CT 491/71,
be granted consent.
Reasons for the Decision
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.
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 5E.7.4.2 (Contaminated Sites)
- clause 8.7.7 (Mixed Use Zone Activities)
- clause 8.8.10 (Development Controls for the Mixed Use Zone)
- clause 12.8.1 (Parking)
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, the council has considered the following specialists' reports:
- drawings entitled "Office and Apartments Cnr Cascade and Rennell St Freemans Bay
Auckland", prepared by Sumich Architects, job number 6042, listed as follows:
- sheet
2.2 issue A - Ground Floor Plan, dated March 2007
- sheet
2.3 issue A - Common Floor Plan, dated March 2007
- sheet
2.4 issue A - Apartment Floor Plan, dated March 2007
- sheet
2.5 issue A - Roof Plan, dated March 2007
- sheet
3.1 issue B - Street Elevations, dated July 2007
- Basement Floor Plan prepared by Traffic Design Group, dated 29 August 2007.
- planning report entitled "Application for Resource Consent & Assessment of
Environmental Effects to Undertake a Mixed Use Office and Residential
Development at Corner of Cascade and Runnell Streets, 1 Cascade Street, Freemans
Bay, Auckland" prepared by Mark Arbuthnot of Bentley & Co Limited, dated October
2007
- landscape plan prepared by Suzanne Turley Design Concepts Limited, dated 2/5/07
- Transportation Assessment report entitled "Office and Apartment Development
-
cnr Cascade and Runnell Streets, Auckland" prepared by Mike Nixon of Traffic
Design Group, dated 27 March 2007
- staff
travel plan prepared by Traffic Design Group, dated 29 August 2007
- engineering report entitled "1 Cascade Street, Freemans Bay Geotechnical and
Environmental Investigation Report" prepared by Tonkin & Taylor Limited, dated
August 2006
- architectural design statement entitled "Kellands Building cnr Cascade and
Runnell Streets, Freemans Bay, Auckland" prepared by Sumich Architects, dated 12
April 2007
- infrastructure report entitled "Preliminary Infrastructure Assessment report for
Resource Consent" prepared by Twenty Two Degrees Limited, dated 16 April 2007
- urban
design review entitled "Proposed Commercial Office and Residential Apartment
development at 1 Cascade Street, Freeman's Bay, Auckland by Landson investments
Limited" prepared by Clinton Bird Urban Design Limited, dated 29 May 2007
- memo
entitled 'Request for Expert Advice' prepared by the council's Senior Urban
Designer Nicola Williams, dated 10 August 2007
- Traffic Impact Assessment review prepared by Sam Shumane of Shumane Consultancy,
dated 11 September 2007
- memo
prepared by the council's Development Engineer Hock Lee, dated 20 June 2007
- memo
entitled 'Site Contamination Considerations' prepared by the council's
Environmental Health Specialist Mervyn Chetty, dated 21 June 2007
- planning report (streamlined process) prepared by the council's Planning Officer
Mahlon Fautua.
Main
Findings of Fact
The
main findings of fact are that:
- the
form and scale of development has been designed to address the street (and
corner) in a manner that is consistent with the anticipated form, and is of a
character that contributes to the visual aesthetic
- the
proposed building is likely to cast a shadow with a length of approximately 14
metres from the face of the building (approximately 8.3 metres beyond the
southern (Runnell Street) boundary of the site). Given that the Runnell Street
road reserve varies in width between 15.4 metres and 20.1 metres at this
location, the likely shadow that will be cast by the proposed development will
not affect the neighbouring residential properties to the south of the site in
any way
- traffic demand expected to be generated by the proposed development will be low
and the proposed driveway will cater for all entry and exit movements to and
from the site. The driveway will allow for full movements, and, because of the
low number of parking spaces on site, is expected to operate safely and
efficiently
- 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 contamination, 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 the
local road network. Further, there are enough car parks on the site to
accommodate demand.
Reasons for the Decision
The
reasons for this discretionary activity consent follow.
- In terms of section 104(1)(a) of the Act, any actual and potential
effects of allowing the activity will be minor
on the environment.
- 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.
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.
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
- Unless amended by the conditions
which follow, the proposed activity shall be carried out in accordance
with the plans and all information submitted with the application, being
described as
- planning report entitled "Application for Resource Consent & Assessment of
Environmental Effects to Undertake a Mixed Use Office and residential
Development at Corner of Cascade and Runnell Streets, 1 Cascade Street, Freemans
Bay, Auckland" prepared by Mark Arbuthnot of Bentley & Co Limited, dated October
2007
- drawings entitled "Office and Apartments Cnr Cascade and Rennell St, Freemans
Bay, Auckland" prepared by Sumich Architects job number 6042 listed as follows:
- sheet
2.2 issue A - Ground Floor Plan dated March 2007
- sheet
2.3 issue A - Common Floor Plan dated March 2007
- sheet
2.4 issue A - Apartment Floor Plan dated March 2007
- sheet
2.5 issue A - Roof Plan dated March 2007
- sheet
3.1 issue B - Street Elevations dated July 2007
- Basement Floor Plan prepared by Traffic Design Group, dated 29 August 2007
- landscape plan prepared by Suzanne Turley Design Concepts Limited, dated 2/5/07
- Transportation Assessment report entitled "Office and Apartment Development
-
cnr Cascade and Runnell Streets, Auckland" prepared by Mike Nixon of Traffic
Design Group, dated 27 March 2007.
- staff
travel plan prepared by Traffic Design Group, dated 29 August 2007
- engineering report entitled "1 Cascade Street, Freemans Bay Geotechnical and
Environmental Investigation Report" prepared by Tonkin & Taylor Limited, dated
August 2006.
- architectural design statement entitled "Kellands Building cnr Cascade and
Runnell Streets, Freemans Bay, Auckland" prepared by Sumich Architects, dated 12
April 2007
- infrastructure report entitled "Preliminary Infrastructure Assessment report for
Resource Consent" prepared by Twenty Two Degrees Limited, dated 16 April 2007
- urban
design review entitled "Proposed Commercial Office and Residential Apartment
Development at 1 Cascade Street, Freeman's Bay, Auckland by Landson Investments
Limited" prepared by Clinton Bird Urban Design limited, dated 29 May 2007
and referenced by the council as
LUC20070309801.
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 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,
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
- 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 be
limited to, the location of on-site storage and contractor parking areas.
Construction Noise
- Noise
arising from construction work shall comply with noise controls outlined under
Rules 4A.1D of the Auckland City Operative District Plan 1999 (Isthmus).
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.
- To
further prevent silt/sediment contamination:
- surplus excavation material (except for those to be re-used) shall be removed
from the site within one week
- exposed earthworks material, including fills, shall be protected from erosion by
suitable covers within one week.
Water
Supply
- The consent holder shall provide the council (Resource Consents
Monitoring Leader) with a copy of a written statement from the NZ Fire Service
stating the "Fire Risk Classification" of the development and that the
development complies with the "NZ Fire Service Code of Practice for Fire
Fighting Water Supplies".
Contamination
- The consent holder shall, prior to any excavation or construction
works commencing, provide the following documents to the satisfaction of the
council (Resource Consents Monitoring Leader):
- a
detailed Remediation Action Plan
- Health and Safety Plan for the construction workers.
- The
consent holder shall engage an environmental engineer who is experienced in site
contamination to supervise the earthworks and implement the remediation action
plan and health and safety plan during the site investigation and remediation
works.
- The consent holder shall, within three months of 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 the satisfaction of the council (Resource Consents Monitoring
Leader), and a Site Validation Report.
The Site Validation Report shall include:
- soil test results for the excavated and remaining materials (if any)
- groundwater test results
- scaled plans (plan and elevation views) showing the location and
containment details(if any) of any contaminated materials relocated/remained
on the site
- an on-going monitoring and management plan (if applicable)
- evidence of disposal of contaminated materials in a licensed
facility.
Traffic and Parking
- The
consent holder shall install a judder bar 2.0 metres inside the access point
from the Runnell Street boundary to the satisfaction of the council
(Resource Consents Monitoring Leader).
- The
consent holder shall install an audible pedestrian warning device at the Runnell
Street access point.
- The
consent holder shall reinstate all redundant vehicle crossings to
the
Auckland City standards at the consent holder's expense
to the satisfaction of the council (Resource Consents Monitoring Leader).
- The
consent holder shall ensure that the access ramp down to the basement is of a
gradient no more than 1:12 over 30 linear metres to facilitate safe access to
the lift for people in wheelchairs or with limited mobility.
- The basement car parking spaces shall be marked out and signage
advising of the location of any visitor car parking spaces shall be provided to
the satisfaction of the council's Manager: Resource Consents before the
commencement of the activities provided by this consent on site.
Staff
Travel Plan
- The
consent holder shall ensure that any current and/or future occupants of the
building implement and comply with Traffic Design Group's staff travel plan,
dated 29 August 2007. The staff travel plan must also be incorporated into any
induction programme of all new staff. The consent holder shall also be
responsible for updating and maintaining the staff travel plan and a copy must
also be kept within each office occupancy at all times.
Landscaping
- A
detailed landscape plan, generally in accordance with the landscape plan
prepared by Suzanne Turley Design Concepts Ltd, dated 2/5/07, and including the
relocation of the existing Phoenix Palm tree on site as part of an
implementation and maintenance programme, shall be submitted to and approved by
the council (Resource
Consents Monitoring Leader in consultation with
Auckland City Environments Arborist), 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
maintain amenity.
- 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.
- Should the Phoenix Palm tree not be successfully transplanted on
site, the consent holder shall plant a replacement specimen tree of a height at
planting of not less than three metres, and be to the satisfaction of the
Manager: Resource Consents.
- The consent holder
shall provide an adequate and low maintenance drainage system for the external
landscape areas and the semi-internal garden wall. Such drainage must be
sufficiently detailed on the building consent plans.
Waste
Facilities
- The
consent holder is to provide a waste facility for the storage, collection and
disposal of refuse and recycling shall be provided on the basement level. Prior
to the lodgement of the associated building consent and/or project information
memorandum (PIM), this area is to be shown clearly on a Basement Floor Plan and
be provided to the
council (Resource Consent Monitoring Leader and Auckland City Environments Urban
Design staff).
Lighting Plan
- The consent holder shall submit a lighting plan for approval of the
council (Resource Consent Monitoring Leader and Auckland City Environments Urban
Design staff) prior to the commencement of construction. Such a plan shall be
prepared to provide safety during evening hours.
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.
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 (Resource
Consent Monitoring Leader), in writing, of their intention to begin works, a
minimum of seven days prior to commencement. Such notification shall be sent to
the Resource Consent 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.
Contamination
- The above-mentioned reports should be prepared according to the
Contaminated Land Management Guidelines No 1 - Reporting on Contaminated Sites
in New Zealand, Ministry for the Environment, 2003.
- The investigation and remediation works may require approval of the
Auckland Regional Council.
Development Engineering
- The consent holder shall ensure that the integrity of existing 1200
pipe traversing the site, which is used for the disposal of stormwater from the
development, is not compromised during construction. This shall be accomplished
via CCTV, and a report shall be submitted with the building consents
application.
- The consent holder shall obtain engineering approval from Auckland
City Environments for the build-over works and connections and/or modifications
to the public stormwater systems.
- The consent holder shall ensure that the minimum ground floor level
shall be 300 mm above the overland flow path. A suitably qualified drainage
engineer shall be engaged to ascertain the overland flow levels and propose
mitigation measures for the basement car park.
- The consent holder shall provide wastewater connections to an existing
300mm diameter public pipe located along Cascade Street.
- The consent holder shall ensure that all connections shall comply with
the council's Development & Connection Standards Manual - February 2005,
including backflow prevention devices where necessary.
- The consent holder shall obtain approval from Auckland City
Environments for any required construction and/or alteration to the public water
supply system.
- The potable water connections shall comply with the council's
Development & Connection Standards Manual - February 2005, including backflow
prevention devices where necessary.
- Network user charges may apply to this development. The consent holder
shall contact Metrowater to confirm the requirements.
- The management and collection of the private stormwater reticulation
shall comply with the requirements of the building code and relevant Auckland
City policy and bylaws.
Right
of Objection
- 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
5.4. LOWER ALBERT STREET, AUCKLAND CENTRAL
That
pursuant to sections 94, 94A, 94B, 94C and 94D of the Resource Management Act
1991, this application be processed without notice because:
- in accordance with section 93(1)(a), the proposed activity is a
restricted controlled activity and public notification of the application is not
required
- in accordance with section 94D(3), the proposed plan expressly
provides that applications for activities described as a restricted controlled
activities will be considered without notification or the need to obtain written
approvals
- in accordance with section 94C(2), there are no special circumstances
to warrant notification.
Pursuant to section 100 of the Resource Management Act 1991, the hearing of this
application be dispensed with as unnecessary because the applicant has agreed in
writing that the recommended conditions of consent are acceptable.
Pursuant to section 104A of the Resource Management Act 1991, the restricted
controlled activity resource consent application by Proactive Solutions on
behalf of Auckland City Council: Transport Strategy to install two bench seats
within the footpath adjacent to the Price Waterhouse Coopers Tower at 188 Quay
Street at an existing bus stop on Lower Albert Street, Auckland Central, as
described in the application material and plans by Proactive Solutions, all
referenced by the council as LUC20070662301, shall be granted consent under
delegated authority in accordance with the above recommendations and subject to
the conditions which follow.
Pursuant to sections 113(1) (ab), (ac), (ad), and (ae):
Relevant Statutory Provisions
The
following relevant statutory provisions have been taken into account in the
assessment of this application: Part II and sections 93, 94, 100, 104, 104A and
113.
Relevant Plan Provisions
The
following relevant provisions have been taken into account in the assessment of
this application: Auckland City Operative District plan 2004: Central Area
Section including Strategic Management Area 2 (Harbour Edge SMA), Part 12
(Network Utility Services) and Part 14.2C (Public Open Space 3 Precinct).
Principal Issues in Contention
There
were no issues in contention.
Summary of Evidence
The
following evidence was considered by the council:
- consent application and Assessment of Effects on the environment prepared by Len
van der Harst of Proactive Solutions Limited, dated 27 August 2007 and
subsequent amendments to plans dated 16 October 2007
- e-mail correspondence with Vadi Vencatachellum of Auckland City Council, Senior
Transport Planner: Transport Strategy (the applicant), dated 19 October 2007
endorsing the conditions of consent.
Findings of Fact
The
main findings of fact are that:
- the activity is located within Strategic Management Area 2 - Harbour Edge SMA
and the Open Space 3 Precinct under the Operative District Plan
- pursuant to clause 12.6.3.1 (b) of the Operative District Plan, the provision of
street furniture within roads is a restricted controlled activity
- the proposal has less than minor effects on the environment.
Reasons for the Decision
Pursuant to section 113 of the Resource Management Act 1991, the reasons for
this land use resource consent follow.
- In terms of section 104(1)(a) of the Act, and subject to recommended
conditions of consent, the actual and potential adverse effects of the activity
over which the council has restricted its control will be less than minor. The
proposed works will provide enhanced pedestrian amenity on Lower Albert Street
while maintaining pedestrian and vehicle safety. The proposal will provide
consistency of design throughout the Central Area and encourage the use of
public transport by improving the bus stop's visual amenity and convenience.
Effects in this respect are considered to be positive.
- In terms of section 104(1)(b) of the Act, the proposal is consistent
with the relevant District Plan objectives, policies and assessment criteria
including those relating to Strategic Management Area 2 (Harbour Edge SMA), Part
12 (Network Utility Services) and Part 14.2C (Public Open Space 3 Precinct).
- In terms of section 104(1)(c) of the Act, all relevant matters have
been taken into account including monitoring and payment of a financial
contribution.
- The activity is consistent with Part II of the Act.
Conditions of Consent
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
General
- Except where otherwise required by the conditions that follow, the
proposal shall take place in accordance with the assessment of effects and
supplementary information submitted with the application and as shown on the
plans, prepared by Proactive Solutions on behalf of Auckland City Council:
Transport Strategy, including:
- "Attachment 3: Adshel/Auckland City Bus Shelter Project" by TP Civil Limited,
dated 16 January 2007, amended 16 October 2007
- Sheet
2 "Seat Design", dated 16 October 2007
all referenced by the council as LUC20070662301.
Monitoring
- The consent holder shall pay to the council a consent compliance
monitoring charge of $250 (inclusive of GST), plus any additional monitoring
charge or charges to recover the actual and reasonable costs that are 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 $250 (inclusive of GST) charge must be paid as part of the
resource consent fee and the consent holder will be advised of the additional
monitoring charge or charges as they fall due. Such additional charges are to
be paid within one month of the date of invoice.
Administrative Charges
- The resource consent holder shall pay any administrative charge fixed
in accordance with section 36(1) of the Resource Management Act 1991 or any
additional charge required pursuant
to section 36(6) of the Resource Management Act 1991, wherever appropriate.
ADVICE NOTES
- The applicant needs to obtain all other necessary consents and
permits, including a Road Opening Notice (RON) from Transport Operations,
Auckland City Council and those under the Building Act 2004, and comply with all
relevant Council Bylaws.
- This resource consent will expire five years after the date of
commencement of consent unless: (a) some other date is specified in the consent;
(b) it is given effect to before the end of that period; or, (c) upon an
application made prior to the expiry of that period (or such longer period as is
fixed under section 37 of the Resource Management Act), the council fixes a
longer period. The statutory considerations that apply to extensions are set out
in section 125(1)(b) of the Resource Management Act 1991.
- 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 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 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.
- 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
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.
CARRIED
5.5. QUAY STREET, AUCKLAND CENTRAL
That,
pursuant to sections 93, 94C and 94D of the Resource Management Act 1991, this
application be processed without notice because:
- in
accordance with section 93(1)(a), the proposed activity is a restricted
controlled activity and public notification of the application is not required
- in
accordance with section 94D(3), the District Plan expressly provides that
applications for activities described as restricted controlled activities will
be considered without notification, the need to obtain written approvals or
serve notice on potentially affected parties
- pursuant to section 94C, there are no special circumstances to warrant
notification.
Pursuant to section 100 of the Resource Management Act 1991, the hearing of this
application be dispensed with as unnecessary because the applicant has agreed in
writing that the recommended conditions of consent are acceptable.
Pursuant to section 104A of the Resource Management Act 1991, the restricted
controlled activity land use application by Auckland City Council to erect a bus
shelter which involves:
- the
installation of street furniture within the Public Open Space 3 Precinct
at
ROAD Quay Street, Auckland Central, Auckland
1010 be granted consent.
Pursuant to sections 113(1)(ab)(ac)(ad) and (ae):
Relevant Statutory Provisions
The
following relevant statutory provisions have been taken into account in the
assessment of this application: Part II and sections 36, 93, 94, 94A, 94B, 94C,
94D, 113, 100, 104, and 104A.
Relevant Planning Provisions
The
following relevant plan provisions have been taken into account in the
assessment of this application: Part 4.2.3 - Strategic Management Areas
(Objectives and Policies), Part 14.2.3 - Public Open Space Precincts (Objectives
and Policies), Part 12.3 - Network Utility Services (Objectives and Policies)
and Part 12.7.2 - Network Utilities (Assessment Criteria).
Principal Issues in Contention
There
were no issues in contention.
Summary of Evidence
The
following evidence was heard and considered by the council: application dated 21
September 2007, entitled, "Resource Consent Application - Streamlined Process",
prepared by GHD Limited on behalf of the applicant, Auckland City Council.
Main
Findings of Fact
The
main findings of fact are that:
- the
activity is located within Strategic Management Area 2 (Harbour Edge SMA) and
within the Public Open Space 3 Precinct
- the
provision of a bus shelter is required to provide amenity to passengers of the
Explorer Bus
- the
shelter will be constructed using translucent glass and will measure
approximately 4.1 metres in length, 1.6 metres in width and 2.5 metres in height
- the
proposal will include the removal of two existing benches, one of which is
currently situated where the bus shelter is proposed and the other which is
located directly outside the explorer bus stop and is attached to the scheduled
fence
- the
bus shelter will be located adjacent to the Category A scheduled Auckland
Harbour Board fence, which is approximately 400 metres in length and runs east
of the Ferry Building to the western boundary of 1-19 Quay Street. The
application does not include the provision of any works to the fence.
- various council approvals have been obtained, including: Simon Lough; Strategic
Planning and Design Manager, Michael Perry; Traffic Engineer, and Ian Grant;
Heritage Specialist, all in consultation with Peter Matthews; CBD Design
Manager: Streetscapes and Open Spaces.
- the
applicant has obtained the written approval of Ports of Auckland Limited.
Reasons for the Decision
Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons
for this restricted controlled activity consent follow.
- The granting of consent to the application will have a minor adverse
effect on the environment. The imposition of the following conditions will
ensure that the adverse effects of granting the application are minor.
- The granting of consent to the application is consistent with the
relevant assessment criteria for restricted controlled activities, listed in
Clause 12.7.2 of the District Plan and the objectives and policies of Strategic
Management Area 2, Public Open Space Precincts and Network Utility Services.
- The proposal is consistent with Part II of the Resource Management
Act 1991.
- In terms of section 104(1)(c) of the Act, all relevant matters have
been taken into account, including the payment of a monitoring fee, and
financial contributions.
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
- Except where otherwise required by the conditions that follow, the
activity shall be carried out in general accordance with the plans, entitled:
- author: Architectus, Project: CBD Streetscapes Quay Street, Drawing: Part Plan 4
- General Arrangement, Drawing Number: A1-04, Issue 3, Dated: 21.04.05
- author: Adshel, Project: EVO MK II, Drawing: EMKII_FB_1, Title:
Assembly-Fullback-Wide Windbreaks, Dated: 21.02.06
- photomontage showing the appearance of the proposed bus shelter with
measurements, prepared by Adshel, and date stamped 25.09.07
- author: Stoddart Metal Fabricators, product: Adshel Ares Bus Shelter, Part
Number: ABS-ARES-01, Description: Ares Bus Shelter Assembly - Footing, Drawing
Number: ABS-ARES-010(21), Revision: A, Dated: 07.02.04
- photomontages showing the appearance of the proposed bus shelter and the
application site
and all information submitted with the application, entitled,
"Resource Consent Application - Streamlined Process", dated 21.09.07 and
referenced by the council as LUC20070675401.
- Prior to the construction of the bus shelter, the wooden bench that
is located directly outside the current Explorer bus stop and which is chained
to the scheduled fence (District Plan reference 114) and the wooden bench that
is located where the bus shelter is proposed shall be removed.
Monitoring
- The consent holder shall pay to the council a consent compliance
monitoring charge of $300 (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).
It is noted that a consent compliance monitoring fee of $300
(inclusive of GST) was paid at the time of lodging this resource consent
application. Accordingly, this condition is deemed to be satisfied in so far as
the payment of the $300 fee. 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.
Administrative Charges
- The resource consent holder shall pay any administrative charge fixed
in accordance with section 36(1) of the Resource Management Act 1991 or any
additional charge required pursuant
to section 36(6) of the Resource Management Act 1991, wherever appropriate.
ADVICE NOTES
- The Auckland Harbour Board Fence is a Category "A" scheduled item
(District Plan reference 114) and shall under no circumstances be altered or
modified as a result of the works. Any proposed alterations or additions will
be the subject of a separate resource consent application.
- 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 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 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 this 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.
- The applicant may wish to consider reversing the structure so that
the glass is fronting the road to protect users of the bus shelter against the
prevailing westerly winds.
CARRIED
APPOINTMENT OF COMMISSIONERS
6.1. 20 RIVERVIEW ROAD, REMUERA
That three planning commissioners from the 'pool' of planning commissioners be
appointed to hear and determine an application to remove an existing dwelling
from the site at 20 Riverview Road, Remuera, establish six residential dwellings
(five additional) and to obtain a subdivision consent, being (1) a two lot
freehold subdivision consent to create an esplanade area in favour of the
council that is separate from the development and (2) a unit title subdivision
consent for the six residential units.
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
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT
OFFICIAL INFORMATION AND MEETINGS ACT 1987
That the public be excluded from the following part(s) of the proceedings of
this meeting.
The general subject of each matter to be considered while the public is
excluded, the reason for passing this resolution in relation to each matter, and
the specific grounds under Section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is made in reliance on Section 48(1)(a) of the Local Government
Official Information and Meetings Act 1987 and the particular interest or
interests protected by section 6 or section 7 of that Act which would be
prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public, as follows:
|
Item no. |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
|
C1 |
Plan Change 71 - Mixed Use: Environment Court Appeal |
The public conduct of this matter would be likely to result in the
disclosure of information for which good reason to withhold exists under
section 7. |
Section 7(2) (j) - The withholding of the information is necessary to
prevent the disclosure or use of official information for improper gain
or improper advantage.
In particular, the report presents a background to negotiations to date
with the appellant, who is seeking amendment to the plan change to zone
the property at 4 Wagener Place to mixed use.
The disclosure of information at this stage could be used by other
parties to gain improper advantage prior to court proceedings. |
S48(1)(a): The public conduct of this matter would be likely to result
in the disclosure of information for which good reason to withhold
exists under section 7. |
CARRIED
There
being no further business the Chairman declared the meeting closed at 2.42 pm.
|
