propoed o fee 20-may-2019 pe do - auckland council... · 2019-09-03 · b&a ref: 16268 3...

PREPARED FOR:

PROPOSED 51-LOT FEESIMPLE SUBDIVISION

20-May-2019

223 FALLS ROAD

ASSESSMENT OF ENVIRONMENTAL EFFECTS

FALLS ROAD LIMITED

AND STATUTORY ANALYSIS

WARKWORTH

Assessment of Environmental Effects Prepared by Kerstin Ghisel and Ruth Evans B&A Ref: 16268 i Reviewed by Burnette O’Connor

CONTENTS

1.0 THE APPLICANT AND PROPERTY DETAILS ........................................................ 1 2.0 SITE CONTEXT ................................................................................................... 3

2.1 Site Description ................................................................................................ 3 2.2 District Plan Zoning .......................................................................................... 4 2.3 RECORD of Title ................................................................................................ 6 2.4 Surrounding Locality ........................................................................................ 7

3.0 BACKGROUND .................................................................................................. 8 4.0 PROPOSAL ........................................................................................................ 9

4.1 subdivision, RESERVES & ROADING ................................................................. 9 4.2 site works .......................................................................................................10 4.3 SERVICING ......................................................................................................10 4.4 Removal of Consent Notice Conditions .........................................................11 4.5 EXTINGUISH EASEMENT .................................................................................11

5.0 REASONS FOR THE APPLICATION ...................................................................11 5.1 Auckland Unitary Plan (Operative in Part) .....................................................11 5.2 National Environmental Standard ..................................................................13 5.3 CONSENT NOTICE REMOVAL/CHANGE TO CONDITIONS ...............................14 5.4 Activity Status .................................................................................................14

6.0 PUBLIC NOTIFICATION ASSESSMENT (SECTIONS 95A, 95C TO 95D) ..............15 6.1 Assessment of Steps 1 to 4 (Section 95A) ......................................................15

7.0 CONSIDERATION OF APPLICATIONS (SECTION 104) ......................................15 7.1 Statutory Matters ...........................................................................................15 7.2 Weighting of Proposed Plan Changes: Auckland Council Unitary Plan ..........15

8.0 EFFECTS ON THE ENVIRONMENT (SECTION 104(1)(A)) .................................16 8.1 Servicing .........................................................................................................16 8.2 Site suitability .................................................................................................18 8.3 EARTHWORKS.................................................................................................19 8.4 ECOLOGICAL ...................................................................................................19 8.5 Future development ......................................................................................21 8.6 Traffic and roading .........................................................................................22 8.7 Rural character and amenity ..........................................................................23 8.8 EFFECTS ON NEIGHBOURS .............................................................................24 8.9 Summary of Effects ........................................................................................25

9.0 REGIONAL POLICY STATEMENT ......................................................................25 10.0 DISTRICT PLAN AND STATUTORY DOCUMENTS (SECTION 104(1)(B)) ...........26

10.1 Objectives and Policies of the Auckland Unitary Plan (OP) ...........................26 10.2 Summary ........................................................................................................34

11.0 RELEVANT RULES AND ASSESSMENT CRITERIA ..............................................34 12.0 PART 2 MATTERS ............................................................................................35 13.0 PARTICULAR REQUIREMENTS FOR NON-COMPLYING ACTIVITES SECTION 104D 36

Assessment of Environmental Effects Prepared by Kerstin Ghisel and Ruth Evans B&A Ref: 16268 ii Reviewed by Burnette O’Connor

14.0 REFUSAL OF SUBDIVISION CONSENT – SECTION 106 ....................................36 15.0 OTHER MATTERS (SECTION 104(1)(C)) ...........................................................37

15.1 Structure Plans and future planning of warkworth .......................................37 15.2 Precedent .......................................................................................................37

16.0 CONCLUSION ..................................................................................................38

Burnette O’Connor

Contents page needs numbering sorted

Assessment of Environmental Effects Prepared by Kerstin Ghisel and Ruth Evans B&A Ref: 16268 iii Reviewed by Burnette O’Connor

APPENDICES:

Appendix 1: Record of Title and Encumbrances

Appendix 2: Subdivision Scheme Plan

Appendix 3: Land Development Report

Appendix 4: Rules Assessment

Appendix 5: Geotechnical Investigation Assessment and Letter

Appendix 6: Ecological Assessment

Appendix 7: Transport Assessment

Appendix 8: Environment Court Decision 102 Hudson Road

Appendix 9: Environment Court Consent Order 223 Falls Road

Appendix 10: Soil Contamination Assessment

Appendix 11: Cultural Impact Assessment

Assessment of Environmental Effects Prepared by Kerstin Ghisel and Ruth Evans B&A Ref: 16268 1 Reviewed by Burnette O’Connor

1.0 THE APPLICANT AND PROPERTY DETAILS

To: Auckland Council

Site Address: 223 Falls Road, Warkworth

Applicant's Name: Falls Road Limited

Address for Service: Barker & Associates Ltd PO Box 591 Warkworth 0910 Attention: Burnette O’Connor

Legal Description: Lot 1 DP 508375, contained within Record of Title 796060 (refer to Appendix 1)

Site Area: 8.9655ha

Site Owner: Falls Road Limited

AUP Zoning: Future Urban Zone

AUP Overlays and Controls: Natural Resources: Significant Ecological

Areas Overlay - SEA_T_2294, Terrestrial;

High-Use Stream Management Areas Overlay;

and High-Use Aquifer Management Areas

Overlay - Mahurangi Waitemata

Controls: Macroinvertebrate Community

Index – Native; Macroinvertebrate

Community Index – Rural Additional Limitations: Designations - 1471, Mansel Drive,

Designations, Auckland Transport

Brief Description of Proposal: To undertake a 51 lot residential fee simple subdivision with associated earthworks; roads, Local Purpose Reserves and Esplanade Reserve to vest.

Summary of Reasons for Consent: Various – refer to Section 5

Request to cancel consent notice conditions pursuant to s221(3) of the Act.


We attach an assessment of environmental effects that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

AUTHORS

Burnette O’Connor / Ruth Evans

Senior Associate / Senior Planner, Barker & Associates Ltd Date: 20/05/2019


2.0 SITE CONTEXT

2.1 SITE DESCRIPTION

The application site; 223 Falls Road (legally described as being Lot 1 LT 508375) (Figure 1) , is located on the periphery of the existing urban area of Warkworth. The property is accessed via an existing vehicle crossing and has a frontage of approximately 300 metres to Falls Road from the eastern boundary to the intersection of Falls Road with Mansel Drive. It should be noted that the extent of the property shown below has been changed as a result of previous subdivision and also the construction and vesting of Mansel Drive and the land to west of Mansel Drive which is to be vested in Auckland Council, for an as yet undetermined purpose.

Figure 1: Locality plan, with application site outlined in blue (Source: Auckland Council Geomaps)

The site is located to the southeast of the intersection between Mansel Drive and Falls Road, which are both classified as roads within the Auckland Unitary Plan. Falls Road runs south-west to northeast, connecting with Hill Street and State Highway 1 (SH1) to the east and with Mansel Drive leading to Woodcocks Road to the south. Woodcocks Road traverses an industrial area before connecting to SH 1. Connections to SH1 at Hudson Road, Hill Street and Woodcocks Road are all signal-controlled intersections.


The Mahurangi River bounds the application site to the south and there are areas of bush and other vegetation located around the property.

There is a large shed situated close to the existing vehicle entrance on Falls Road.

Within the subject site there is a residential dwelling, which is on a separate site to the proposed subdivision (Lot 3 DP 508375) – see Environment Court consent order Appendix 9. This subdivision will provide for the conditioned access to the residential dwelling via proposed Lot 116 (Road to Vest) and easement A.

As stated above, the portion of the property to the west of Mansel Drive is to be vested in Auckland Council as part of the land acquisition process associated with the construction of Mansel Drive. That process has not yet completed and the land has therefore not transferred to a separate title to be vested in Auckland Council. This is why that part of the landholding is not addressed in this subdivision application.

2.2 DISTRICT PLAN ZONING

The application site is located within the Auckland Unitary Plan’s Future Urban Zone ('FUZ'). The FUZ is applied to greenfield land that has been identified as suitable for urbanisation and deemed to be a transitional zone. Land may be used for a limited range of primarily rural activities but cannot be used for urban development until the site is rezoned for urban purposes.

Figure 2: The application site’s Auckland Unitary Plan zoning, with site outlined in blue (Source: Auckland Council Geomaps)


2.2.1 Overlays

The application is subject to the following three natural resources overlays:

• Significant Ecological Areas Overlay - SEA_T_2294, Terrestrial;

• High-Use Stream Management Areas Overlay; and

• High-Use Aquifer Management Areas Overlay - Mahurangi Waitemata

Significant Ecological Areas

Significant Ecological Areas – Terrestrial are identified areas of significant indigenous vegetation or significant habitats of indigenous fauna located either on land or in freshwater environments. In order to maintain indigenous biodiversity these areas are protected from the adverse effects of subdivision, use and development. The Significant Ecological Areas (SEA) identified on the application site are illustrated in Figure 3.

Figure 3: Significant Ecological Area Overlay on the application site (Source: Auckland Council Geomaps)


High-Use Aquifer Management Areas Overlay and High-Use Stream Management Areas Overlay

The site, and the surrounding area are located within the high-use aquifer management area overlay for the Mahurangi Waitemata aquifer, as well as the High-Use Stream Management Areas Overlay in regards to the Mahurangi River. These overlays relate to the taking, using, damming and diversion of water and drilling.

2.2.2 Controls

Controls relating to the natural and the rural macroinvertebrate index apply to the application site.

2.2.3 Designation

Part of the application site is subject to Designation No. 1471 Mansel Drive (Figure 4), which relates to roading purposes between Mansel Drive and Falls Road, with Auckland Transport as the Requiring Authority.

Figure 4: Designation No 1471 on the application site (Source: Auckland Council Geomaps)

2.3 RECORD OF TITLE

The record of title for the application site contains two consent notices and one land covenant, which are attached at Appendix 1.


2.3.1 5536403.2 Consent Notice

This consent notice relates to road boundary fences and it is proposed to delete this consent notice as part of this subdivision proposal.

2.3.2 10878253.2 Consent Notice

This consent notice restricts the development of new dwellings, buildings, access ways or services on Lot 1, as well as preventing any future subdivisions until such time as there is a Council decision on submissions to a plan change that relates to zoning the lots or three calendar years after a plan change that relates to the zoning of the lots is publicly notified in accordance with the RMA 1991. It also relates to geotechnical matters for the siting of buildings on Lot 1, habitable floor level, firefighting provisions, provision for power and telephone. This subdivision application seeks to delete these consent notice conditions.

When this subdivision consent is granted there will be conditions of the subdivision that will require fire fighting water supply, power and telephone services to be provided to the proposed residential lots.

It is also anticipated that any necessary ongoing consent conditions relating to the siting of dwellings, habitable floor levels etc will be recorded in new consent notices to be registered against the relevant residential sites to be created in accordance with this consent.

2.3.3 Land Covenant in Easement Instrument 10878253.4

The land covenant relates to the future development of Lot 1 and secures the right for the Developer – ‘Falls Road Limited’ to develop the land for lifestyle residential development in accordance with a comprehensive scheme of development. This covenant remains unaltered.

2.4 SURROUNDING LOCALITY

2.4.1 As noted earlier there is a single dwelling located in the middle of the application site. This dwelling and associated curtilage is held on its own title; created as part of a previous subdivision consent. There is an easement for the existing wastewater disposal system for the dwelling. This consent resulted in the imposition of the consent notices relating to development restrictions i.e. Consent Notice 10878253.2.

The surrounding environment is in transition to urban, with a number of urban activities in proximity to the site such as approved subdivisions at 84 Falls Road and the completion of the first stage of the western collector (Mansel Drive) providing road access between Falls Road and Woodcocks Road.


The application site is located within the Auckland Unitary Plan’s Future Urban Zone ('FUZ'). 324ha of the 1000 hectares of Future Urban zoned land around Warkworth has been identified as Warkworth North in the Future Urban land Supply Strategy 2017 (FULSS). Warkworth North is identified in the FULSS to be ‘Development Ready’ from 2022 – see Table 1 – The sequencing and timing of the large future urban areas (page 13 FULSS).

Neighbouring landholdings to the north and west of the application site are also zoned Future Urban. The land on the eastern side of Hudson Road is zoned Residential- Single House zone.

3.0 BACKGROUND

As stated, resource consent for a two-lot subdivision around the existing dwelling at 223 Falls Road was obtained by way of Environment Court consent order dated 6th July 2017 (ENV-2017-AKL-019). A copy of the Consent Order is attached in Appendix 9.

Also, of relevance is an Environment Court decision – Appendix 8, arising from a Council decision refusing consent to subdivide around the existing dwelling at 102 Hudson Road. This is almost opposite the subject site. This Environment Court decision is relevant in so far as it relates to subdivision in the Future Urban zone. That Court decision is of interest, but not relied upon with respect to this proposal. This is because this proposal seeks consents for the full urban outcome of the land. The outcome sought is consistent with the Council view of the most appropriate zoning for this land as reflected in the Draft Warkworth Structure Plan.

At the time that the Consent Order was granted Auckland Council had not determined a time frame for undertaking a Structure Plan for Warkworth. Consequently, there was no definitive time frame for the zoning of the Future Urban zoned areas. As of the 1 August 2017 the Planning Committee Agenda confirmed that Council would adopt a structure plan for Warkworth by 1 February 2019. A Draft Structure Plan has been completed and the Planning Committee agenda of 5 February 2019 states that Council intends to notify a Plan Change for urban zonings at Warkworth North in July / August this year.

Given the above, the certainty around timing of urban zonings and related infrastructure provision is significantly more certain now than it was in July 2017 when the consent notice restricting development was imposed.

The draft Warkworth Structure Plan shows the subject land zoned Residential – Single House. The proposed subdivision is in keeping with this intended zoning of the land.


Turnstone Capital has lodged a private plan change to rezone approximately 100 hectares of land at Warkworth North. The subject site is within the proposed plan change area. The Plan Change for Warkworth North will be notified on 16th May 2019and submissions on the Plan Change will close on 5th July 2019. The private plan change proposes that the subject site is zoned Residential – Single House.

Turnstone Capital provided feedback to the Draft Warkworth Structure Plan supporting the zoning of land as proposed in the private plan change request.

4.0 PROPOSAL

This application seeks to undertake 51 lot fee simple subdivision of 223 Falls Rd, Lot 1 LT 508375 as shown on the attached subdivision scheme plan at Appendix 2.

A summary of the key elements of the proposal is set out below. More detailed descriptions on particular aspects of the proposal are set out in the specialist reports and plans accompanying the application.

4.1 SUBDIVISION, RESERVES & ROADING

• It is proposed to undertake a 51 lot fee simple residential subdivision under four stages. It is requested that the decision and conditions for this proposed subdivision accommodate the staging proposed as follows:

• Stage 1 will comprise of 18 lots; Stage 2 will comprise of 14 lots; Stage 3 will comprise of five lots and Stage 4 will comprise of 14 lots.

• The proposed lot sizes will range from 560m2 to 2,040m2.

• An esplanade reserve will be created, to vest with Auckland Council, along the northern bank of the Mahurangi River.

• Four local purpose reserves will be created, to vest in Auckland Council, over the areas identified as SEA.

• A bush protection covenant will be created over proposed Lots 30-32 (areas D, E and F on the subdivision scheme plan, Appendix 2).

• Two accesses will be created from Falls Road, one cul-de-sac (Lot 116) and one road (Lot 117) which will provide for a future connection to adjoining Lot 3 DP209013 to the east.

• The geotechnical and engineering reports demonstrate that the proposed Lots are suitable for the proposed residential development subject to conditions.


4.2 SITE WORKS

• Bulk earthworks are proposed for the purposes of creating the residential sites and roads. Earthworks are described in detail in the Land Development Report provided at Appendix 3.

• Earthworks will be undertaken over an area of 41,024m2, with a total cut of 30,326m3, fill of 26,576m3.

• Surplus cut of 3,750m3 will be taken off site and disposed of at an approved location.

• A total of 1066m2 of the earthworks area is within the part of the site subject to a Significant Ecological Area overlay.

• A total of 1,038m2 / 2,021m3 is proposed within the 1% AEP flood extent.

• No dewatering is required or proposed.

• No works within the waterways or waterway diversions are proposed.

• Various mitigation measures will be implemented during the construction period, as outlined in Appendix 3 and discussed in section 8 of this report.

4.3 SERVICING

The following servicing is proposed as part of this subdivision. Servicing is discussed in detail in the report provided at Appendix 3.

• Three new water connections to an existing bulk water supply pipe within Falls Road.

• An additional four fire hydrants (in addition to the existing two on site).

• Wastewater disposal via a proposed new piped gravity wastewater network, including a public pumping station within the lower parts of the development. Wastewater will then be to the public network. This will also enable the existing dwelling to connect to the reticulated network and the existing easement for the wastewater disposal area will be extinguished. The details of the proposed reticulation are discussed later in this report.

• Stormwater disposal via a proposed public piped gravity stormwater network for the majority of proposed lots, with low impact dispersal devices proposed for all lots that do not have access to the proposed piped network. These lots are proposed to discharge into the respective neighbouring SEA areas.

• Two new public roads are proposed – one cul-de-sac and one future through road. For lots that do not have direct road access five shared access ways are proposed to service rear lots.


4.4 REMOVAL OF CONSENT NOTICE CONDITIONS

As outlined in section 2.3 of this report above, consent notice 5536403.2 was imposed at the time of a previous subdivision (31632) in 2002 requiring the owners of Lots 1 and 2 to accurately fence the road boundary to Falls Road to align with the legal lot boundaries of the site. Given that the road boundary is already fenced, the requirements of the consent notice are considered to be met.

Consent notice 10878253.2 restricts the development of new dwellings, buildings, access way or services on Lot 1, as well as preventing any future subdivisions. It also relates to geotechnical matters in regards to the siting of buildings on Lot 1; firefighting, power and telephone. This subdivision application seeks to delete these consent notice conditions as subdivision is now proposed for urban outcomes and these matters will be addressed in the consent conditions for this subdivision.

4.5 EXTINGUISH EASEMENT

The existing wastewater disposal easement for the existing dwelling can be extinguished once the dwelling is connected to the reticulated network as part of this consenting process.

5.0 REASONS FOR THE APPLICATION

A rules assessment against the provisions of the Auckland Unitary Plan (Operative in Part version) (AUP (OP)) is attached as Appendix 4 and a summary is provided below.

We consider that all relevant consents have been applied for to enable the establishment of this proposal. However, please treat this as a full application to cover any other aspects of the proposal that Council considers require consent.

5.1 AUCKLAND UNITARY PLAN (OPERATIVE IN PART)

5.1.1 Subdivision

Under Rules E39.4.1 (A5 and A8) the proposal is classified as a Restricted Discretionary Activity as the subdivision will be creating an esplanade reserve, and the land is within the 1 per cent annual exceedance probability floodplain.

The subdivision proposal does not meet Rule E39.6.1.1 - Specified building area for rural lots, due to the size of the proposed lots and their intended residential use. For completeness, a Discretionary Activity pursuant to A9 is therefore required. It is noted that each site contains a buildable area that meets the 8m by 15m shape factor for the Single House Zone which this proposed subdivision aligns with.


Under Rule 39.4.3 (A28) consent is required for a Discretionary Activity to create Local Purpose and Esplanade reserves.

The subdivision proposal is classified as a Non-Complying Activity pursuant to Rule E39.4.3 (A29) as the proposal involves creating residential fee simple lots.

To assist the Council’s assessment, an assessment against the Residential Single House zone provisions has also been made and included in Appendix 4. While no consents are triggered under these rules, we consider this assessment is useful in providing the Council with some comfort that the subdivision can generally align with the Residential Single House zone requirements. This is with the exception of the number of rear sites, which exceeds the permitted 5% of total sites as there are 17 rear sites proposed.

5.1.2 Earthworks

The proposed earthworks require consent as a Restricted Discretionary Activity pursuant to Rule 11.4.1(A8) (regional consent) due to the area of earthworks proposed on the site which has a slope greater than 10 degrees; ; Rule 11.4.1 (A9) (regional consent) due to the area of earthworks proposed within the Sediment Control Protection Area (8760m2 whereas 2500m2 is permitted within 50m of the stream/waterway); Rules 12.4.1 (A6) and (A10) (district consent) due to the area and volume of earthworks proposed. Restricted Discretionary Activity consent is also required for the area and volume of earthworks in a SEA as earthworks of 1066m2 and 1400m3 are proposed within the SEA predominantly to the north east of proposed Lot 33 and within in and south of proposed Lot 14 as shown on the earthwork drawings in Appendix 3. The earthworks within the SEAs are required to form the road and residential sites.

5.1.3 Vegetation Removal

The removal of vegetation within the area identified as SEA-T requires consent as a Discretionary Activity in accordance with Table E15.4.2 A43 as the proposal involves the removal of approximately 1,066m2 of vegetation within the SEA. The proposal will result the loss of approximately 2,266m2 of vegetation, including approximately 1,066m2 of SEA and approximately 1,200m2 of non-protected vegetation (refer to Ecology Report, Appendix 6).

5.1.4 Services

The land will be serviced by a reticulated wastewater system. The exact location of pump stations and pipe networks, to connect into the wider network being planned by Watercare are discussed in the Land Development Report. It is proposed to determine the preferred option through discussion with Watercare, during the


processing of this consent. In any event it is planned that Watercare intends to have the network in this vicinity available for connection by the end of 2021. This and other projects occurring in the Falls Road / Hudson Road areas; including the private plan change request are facilitating provision of the network.

With regard to stormwater, it is noted that site is not subject to SMA Flow 1 restrictions because the land is still zoned Future Urban; however, once the plan change, which this site is subject to, is processed, the site will be subject to the SMA Flow 1 controls. Therefore, this application seeks Restricted Discretionary Activity consent for future development on each of the residential lots to exceed the permitted 50m2 impervious area required by Rule 10.4.1(A3). Chester Consultants have advised that 60% impervious is suitable, which aligns with the permitted site coverage for the Single House Zone. A condition requiring each lot to be subject to a consent notice stipulating a maximum of 60% impervious area per residential lot is therefore anticipated as part of this consent.

For completeness, Controlled Activity consent is sought for the development of the road which is more than 1,000m2 and up to 5,000m2 within Stormwater management area control – Flow 1 as the roading wearing course is 3430m2.

5.2 NATIONAL ENVIRONMENTAL STANDARD

The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS) were gazetted on 13 October 2011 and took effect on 1 January 2012. Council is required by law to implement this NESCS in accordance with the Resource Management Act 1991 (RMA). The standards are applicable if the land in question is, or has been, or is more likely than not to have been used for a hazardous activity or industry and the applicant proposes to subdivide or change the use of the land, or disturb the soil, or remove or replace a fuel storage system.

The applicant has undertaken a search of Council records which has not identified any current or previous activities undertaken in the area of the site that are included on the current version of the Hazardous Activities and Industries List (HAIL). As such, it is considered that the property does not constitute a ‘piece of land’ covered under Section 5(7) of the NES, and therefore, the NES is not considered applicable in this instance.

In addition, soil contamination assessment has been undertaken in support of the private plan change request and did not identify any likely issues with this land. A copy of that assessment is provided in Appendix 10.


5.3 CONSENT NOTICE REMOVAL/CHANGE TO CONDITIONS

Pursuant to Section 221(3) of the Resource Management Act, a separate decision is sought to remove the specified consent notice conditions. It is requested the Council processes this request as part of this subdivision application.

5.4 ACTIVITY STATUS

Overall, this application is for a Non-Complying Activity.


6.0 PUBLIC NOTIFICATION ASSESSMENT (SECTIONS 95A, 95C TO 95D)

6.1 ASSESSMENT OF STEPS 1 TO 4 (SECTION 95A)

Section 95A specifies the steps the council is to follow to determine whether an application is to be publicly notified. These are addressed in statutory order below.

6.1.1 Step 1: Mandatory public notification is required in certain circumstances

Step 1 requires public notification where this is requested by the applicant, or the application involves the exchange of recreation reserved land under s15A of the Reserves Act 1977.

The applicant requests that the application is publicly notified as the AUP(OP) anticipates a public process (typically through a plan change process) be undertaken where Future Urban land transitions from rural to urban land uses.

A plan change process is underway and will be notified on 16th May 2019, however, this process is preceding completion of that plan change process.

7.0 CONSIDERATION OF APPLICATIONS (SECTION 104)

7.1 STATUTORY MATTERS

Subject to Part 2 of the Act, when considering an application for resource consent and any submissions received, a council must, in accordance with section 104(1) of the Act have regard to:

• any actual and potential effects on the environment of allowing the activity;

• any relevant provisions of a national environmental standard, other regulations, national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement; a plan or proposed plan; and

• any other matter a council considers relevant and reasonably necessary to determine the application.

7.2 WEIGHTING OF PROPOSED PLAN CHANGES: AUCKLAND COUNCIL UNITARY PLAN

Auckland Council made the Auckland Unitary Plan operative in part on 15 November 2016. At this point, all corresponding previous rules under the legacy plans, including the District Plan – Rodney Section, became inoperative. There were no appeals to the Future Urban zone at Warkworth, although there were appeals to the Future


Urban zone subdivision provisions and the activity status for subdivision in the Future Urban zone. These appeals were resolved some time ago.

Therefore, it is considered that with respect to all matters that the proposal can be assessed against the AUP (OP) provisions only.

8.0 EFFECTS ON THE ENVIRONMENT (SECTION 104(1)(A))

The following sections set out an assessment of wider effects, and it is considered that the following effects are relevant to this proposal:

• Servicing;

• Site suitability;

• Earthworks;

• Future development;

• Traffic and roading;

• Ecological effects;

• Character and amenity effects; and

• Effects on neighbours.

8.1 SERVICING

The proposed vacant sites can be suitably serviced in terms of access, stormwater, wastewater disposal and water supply, as outlined in the Land Development Report prepared by Chester Consultants (Appendix 3).

Water supply

Water is proposed to be supplied from an existing bulk water supply pipe located on Falls Road. It is proposed to establish three connections into this pipe and extend the network through the new roads proposed by this development.

Each residential site is proposed to have a 20mm service connection, unless accessed from a right of way, in which case Chester Consultants advise that meter banks may be more suitable.

Stormwater disposal

There is no reticulated stormwater disposal system currently available to service the subject site, and therefore a public piped gravity stormwater network is proposed for the development that will provide a service connection for most of the residential sites within the development.


The new network will include four outlet structures that, as per the Chester report, that discharge into areas that currently show evidence of channelised flow during rainfall events.

Proposed lots 22, 23, 25, 28, 29, 30, 31, and 32 will not have access to the proposed piped network and low impact dispersal devices are proposed for these lots, with discharge into adjoining SEA areas. As outlined in the Chester report, it is intended that devices outlined in the Auckland Region Council Countryside Living Toolbox will be implemented for these Lots, with details to be confirmed under future Building Consent applications. The Land Development Report concludes that utilising such devices for these lots is considered the best outcome, as stormwater will not become a nuisance to downstream residential land owners, and the solution promotes sheet flow into gullies that would naturally receive equivalent runoff in these areas. Approval in principal from the future land owner (i.e. Auckland Council as the owner of the reserves once they are vested) in which dispersal devices are to discharge is sought. As outlined by Chester Consultants, this solution aligns with the AUP(OP) with respect to disposal of stormwater in SEA areas by maintaining as much as is practical, the current stormwater discharge characteristics in order to maintain current biodiversity values.

With regard to mitigation, as it is proposed to discharge stormwater to gullies that have defined watercourses and that contribute to the Mahurangi river, Chester Consultants consider that hydraulic mitigation is required. There are no specific stormwater management controls imposed on the site due to the Future Urban zoning, therefore it is proposed to implement Stormwater Management Area – Flow 1 (SMAF 1) controls. It is noted that once the plan change is implemented the site will be subject to SMAF 1 and therefore consents are sought under these provisions.

Water quality mitigation is not considered necessary because there are no high uses roads or car parks proposed. It is proposed to use raingardens to provide hydraulic mitigation for the proposed road, and while not specifically designed for water quality mitigation will inherently provide a stormwater quality benefit. Chester Consultants consider that peak flow mitigation within the site has limited potential to reduce peak flows within the Mahurangi River and for some storm events, peak flow mitigation may actually increase peak flows in the river by extending the duration of peak flows from the site allowing for peak flows from the upstream catchments to coincide. Detention for various flood events is therefore not considered necessary by Chester Consultants.

Wastewater disposal

With regard to wastewater, it is intended to continue to work with Watercare through the processing of this consent to determine the most appropriate options for the reticulated wastewater system to be provided.


Summary

Effects of this proposal with respect to servicing are considered to be less than minor given that there will be fully reticulated systems available by the time the land is developed and houses are starting to be constructed.

8.2 SITE SUITABILITY

Geotechnical

The site is steeply sloping in parts and contains a series of gullies. A thorough geotechnical investigation is necessary to inform the subdivision and final lot design requirements. A geotechnical assessment has been undertaken by KGA Geotechnical and is provided at Appendix 5. An update to this assessment addressing additional residential sites proposed since the assessment was completed is also included within Appendix 5.

The report and supporting letter assess the geotechnical conditions of the subject site, and make recommendations on matters such as appropriate mitigation measures, type of fill to be used, support for toe slopes, slope engineering design, recommendations for retaining structures and further testing that should be undertaken during detailed design. The geotechnical report concludes that the land is generally suitable for the proposed development provided the recommended geotechnical considerations outlined in the report are undertaken and the earthworks are carried out in a controlled manner.

The applicant anticipates and accepts conditions of consent that are consistent with the geotechnical recommendations to be included, such as those outlined in section 11 of the report relating to building platforms.

Subject to the recommendations in this assessment the sites are considered suitable for the lower density residential type of development proposed in this subdivision. When implementing the mitigation measures outlined in the report it is considered that adverse effects with respect to geotechnical matters will not be more than minor.

Flooding and Overland Flows

As noted in the Land Development Report, there is a small area of earthworks proposed within the estimated 1% AEP flood plain. The engineers have modelled to assess the potential effects of the proposed fill within the estimated flood extent and concluded that effects of the proposed fill are negligible with respect to flood depths and velocities. All sites are clear of the 1% AEP flood plain. As such, effects on site suitability with respect to earthworks within the estimate flood plain are considered to be less than minor.


With respect to overland flows, the subdivision has been designed to manage secondary flow both within the site and downstream and no alterations to overland flows will result from the proposal.

Due to part of the site being subject to the 1%AEP flood plain, applicant is willing to consider appropriate conditions of consent with respect to minimum floor levels of future dwellings although As all sites are clear of the floodplain conditions relating to minimum floor levels are not considered necessary however if the Council has an alternate view we are willing to discuss.

8.3 EARTHWORKS

Extensive earthworks are proposed for the site, to create the residential allotments and form the two new roads. The earthworks have the potential to create stability effects, impact the waterways on the subject site, as well as nuisance effects during construction such as noise and dust. Erosion and sediment control measures are outlined in detail in the Land Development Report to mitigate the potential for these adverse effects during construction. The geotechnical assessment and letter also contain recommendations to ensure the ongoing stability of the site.

Visual effects may also arise during construction as vegetation is removed and land exposed. This effect will be temporary and any remaining exposed areas will be re-grassed following construction. This will also assist in reducing potential for dust to become airborne. It should be noted that generally views into the site are limited by the established native bush and topography.

Standard conditions with respect to construction noise, hours of construction and erosion and sediment control are anticipated.

On the basis that the recommendations outlined in the various technical reports are followed, effects associated with the proposed earthworks are considered to be no more than minor and mostly temporary.

8.4 ECOLOGICAL

As outlined earlier, the site is subject to a Significant Ecological Area overlay under the AUP(OP). This area is proposed to be protected by the subdivision through the creation of reserve lots to vest in Council, and bush protection covenants over three areas of bush that are within residential lots 30, 31 and 32.

An Ecological Assessment has been prepared for the development, refer Appendix 6. This assessment concludes that some vegetation removal will be required, and outlines measures for managing this and offsetting. The assessment concludes that this could be achieved through a weed control programme and restoration and infill planting within the rest of the SEA at the site and that Ecological Restoration Planting


and Weed Management Plan should be developed for the site to be implemented alongside the development process, as well as appropriate fauna management and mitigation processes and erosion and sediment control processes for the construction period.

Vegetation removal is outlined in the Ecological Assessment and is as set out below. Areas are shown in Figure 2 of the Ecological Assessment which is also included below.

Figure 5: Areas of vegetation removal (Source: Ecological Assessment)

Non-SEA vegetation proposed to be removed:

• Three established tōtara, one relatively large, in the western extent of the site, north of the Esplanade Reserve to allow for road construction.

• A stand of unfenced tōtara (approximately 580m2) north of Area 1.

• A large tōtara growing along the fence line in the south-western part of the site.

It should be noted that vegetation removal outside the SEA and riparian areas is a permitted activity in the Future Urban zone. This needs to be considered in determining the effects of vegetation removal on the site.

There is no waterway reclamation proposed and nor are any works within watercourses proposed by this application.


These recommendations are accepted to the extent that they are required to manage effects of vegetation removal on ecological values above effects associated with permitted activities.

While the development of the subject site will impact the ecology of the site, implementation of mitigation measures as well as restoration and replanting will assist in reducing the overall effect. The proposed mitigations, coupled with the creation of reserves for the majority of the ecological areas will assist in reducing adverse ecological effects to be no more than minor.

8.5 FUTURE DEVELOPMENT

The proposed subdivision is on land zoned Future Urban. A key issue with the subdivision of Future Urban land ahead of live zoning is that subdivision ahead of time may compromise or restrict options for quality development to be achieved in the future.

This matter has been carefully considered by the subdivision scheme design provided at Appendix 2. The road design provides for a future connection to the land to the east. With respect to land to the west and south west, the design does not compromise the Mansel Road extension designation to the west, and protects the ecological value of existing vegetation and the waterway through creating reserve/esplanade reserve lots to vest in Council. This open space will contribute positively to the expanding urbanisation of Warkworth over the coming years. These esplanade reserve connections are identified in the Draft Warkworth Structure Plan and also the Adopted Greenways Strategy.

With respect to future residential density, the subdivision design and allotment sizes will provide for an intensity and style of development commensurate with the Single House Zone. This is considered to be aligned with the draft Warkworth Structure Plan which shows the subject site as Residential – Single House Zone (see Figure 5 below) as it is noted that this plan is draft only and may be subject to change. Based on the topography of the site it is considered that Single House Zone is the most appropriate. An assessment against the Single House Zone provisions is provided in Appendix 4. It is considered that the subdivision will generally align with the urban subdivision provisions with the exceptions outlined in the table and addressed in this report.


Figure 6: Excerpt from Structure Plan overall map, subject site shown by black circle (Source: Draft Warkworth Structure Plan, Auckland Council)

The proposed subdivision scheme demonstrates that granting consent to this proposal will not in any way compromise or limit the future development of the land for urban purposes because it is providing a full urban development outcome consistent with the zoning proposed by Council to be applied to the land. The timing of the development outcome will also be consistent with the timing for infrastructure to be provided and is generally consistent with the ‘Development Ready’ timing for the area stated in the FULSS.

8.6 TRAFFIC AND ROADING

The scheme plan shows that all sites have legal access to a formed Road. Falls Road in this location is suitable for the proposed level of development.

The proposed subdivision will not compromise Mansel Drive as this is not constructed and is also covered by a designation as has been outlined in the Planning Assessment above.

As set out in the transport report provided at Appendix 7, potential adverse effects resulting from this proposed development may include:

The impacts of additional traffic on intersection and midblock road capacity; The impacts on road safety for all users; The impacts of establishing new road and transport infrastructure; and


Traffic impacts relating to construction.

The assessment concludes that traffic generated by the proposal can be accommodated on the road network with little or no effect; that the proposed new roads and intersections are configured to an appropriate standard and will operate in a manner that minimises any potential impacts on traffic safety; that the development supports the development of safe public streets that create an integrated street network for all modes of transport; and that vehicle access to the site will be designed to a suitable standard followed by the future development. It is also considered that the traffic impacts from this relatively low density residential subdivision will be less than that if the land was developed for commercial or industrial purposes, both options which could be reasonably anticipated within the Future Urban zone post rezoning.

The access arrangement results in 17 allotments which are defined as ‘rear sites’. The subdivision has been designed to limit these as much as possible, rear lots are congregated in areas of the site where the topography means less earthworks are required in enabling rear sites.

Given that the proposed and the future road connections are considered suitable and based on the traffic report submitted with this application, the effects of the proposed subdivision (and subsequent traffic associated with one dwelling per lot), with respect to traffic and roading effects are considered less than minor.

8.7 RURAL CHARACTER AND AMENITY

The Future Urban zone is a transitional zone, of which is intended to continue to provide for rural activities until the land is rezoned for urban development. Accordingly, the effects on rural character and amenity from the proposed subdivision is addressed below.

The subdivision will result in a change to the existing rural character and amenity, through the creation of residential sites which will subsequently be built on. While a degree of open space will remain throughout the site due to the retention of vegetation and proposed Local Purpose and Esplanade reserve lots, the majority of the site will become urbanised consistent with the intention of the Future Urban zone. Given the direction set out in the draft Warkworth Structure Plan, this is considered appropriate because over time the character of the area will change from rural to urban. There were also landscape assessments undertaken to inform the identification of Future Urban zoned land and the Rural Urban boundary. Given the land has been identified as suitable for urban purposes and effects arising with respect to rural character and amenity values needs to be considered in the context of the existing environment and the anticipated future environment.


It is also noted that the site is already constrained in its ability to accommodate rural production activities, given the size and existing development on the site, topography and close proximity to the Warkworth township. There are established residential sites within and nearby to the subject site on Falls Road. Therefore, given the already limited potential for the site to cater for rural land uses, this proposal is not considered to materially reduce the existing level of rural character and amenity values or such opportunities.

An existing consent notice requires the legal road boundaries of the site to be accurately fenced. Given this fencing has been carried out in accordance with the requirements of the consent notice, and that there will be no physical change in the road boundaries of the site, it is considered that the effects of this s221(3) request will be negligible.

For the reasons outlined above, while proposed subdivision will contribute to a change in the character of the area from rural to urban, it is considered that this is anticipated to occur within the area in the short term regardless of this subdivision proposal. On balance and overall, it is considered that any effects resulting from the proposed subdivision on rural character and amenity will be less than minor in extent.

8.8 EFFECTS ON NEIGHBOURS

It is considered that the broader effects assessment also applies to effects on persons. While the proposed subdivision will result in a change from rural to residential on the subject site that will alter the current rural residential character of the neighbourhood, as this change is anticipated by the Future Urban zone, it is considered that owners and occupants of neighbouring properties will be expecting a gradual shift in character in the near future. There has been a substantial amount of consultation on this topic associated with the private plan change request and the Council Structure Plan process.

An entity related to the applicant owns the land on the opposite side of Falls Road (to the north). A private Developer Agreement applies to the single dwelling located in the middle of the subject site that enables the land to be developed by the developer – see land covenant 10878253.4 in Appendix 1. To the west and south is the Mahurangi River, and effects on the river have been discussed above, including the proposed esplanade reserve.

With regard to the property to the east, the subdivision layout provides for future connections to be made when this land is eventually developed (Lot 3 DP209013). This land is vacant save for a shed on its eastern boundary, away from the subject site.


The construction of the subdivision has the potential to result in nuisance effects on neighbours, such as noise and dust. The various mitigation measures set out in the Land Development Report will assist in mitigated these effects and the applicant also anticipates appropriate and reasonable construction period conditions such as requiring the use of dust suppression methods, restrictions on construction traffic, hours of operation and the like.

It is noted that the public notification process provides an opportunity for all parties, whether adjoining the site or not, to submit on this proposal.

8.9 SUMMARY OF EFFECTS

Having regard to the actual and potential effects on the environment of the activity resulting from the proposal, it is concluded in the assessment above that any adverse effects relating to the proposal will be minor.

Further, it is considered that the proposal will result in significant positive effects including the creation of 51 residential sites which will contribute positively towards addressing the lack of available vacant residential sites in the wider Warkworth area, on land that has been earmarked (through the Future Urban zoning and draft Warkworth Structure Plan) as suitable for residential development. The proposal will assist with achieving the quality, compact city outcomes sought by the Auckland Plan. Further, the site can be serviced by existing and planned infrastructure and is well integrated with respect to transport and the existing residential and other urban zoned areas to the east and south of the river.

Overall, it is considered that when taking into account the positive effects, any actual and potential adverse effects on the environment of allowing the activity are acceptable.

9.0 REGIONAL POLICY STATEMENT

The Regional Policy Statement (RPS) covers the management of natural and physical resources across the Auckland region. The provisions within the RPS give guidance at a higher planning level in terms of the significant regional issues. As such it does not contain specific rules that trigger the requirement for consent but rather give guidance to consent applications and the development of District Plans on a regional level. The RPS presents objectives and policies regarding urban growth (chapter B2) which are relevant for the consideration of the proposed development. In particular it is considered that objective B2.2.1 and policy B2.2.2 of the B2 Chapter: Tāhuhu whakaruruhau ā-taone - Urban Growth and Form are relevant to this proposal with regards to safeguarding land resource for urban development. The proposal is to


develop the site for residential purposes in an efficient manner that appropriately reflects the site constraints while still providing for 51 new residential sites. It is therefore considered that the subdivision will not hinder or prevent the future urban use of the and will instead provide for it. In addition, the proposal would in fact benefit the future urban development by freeing up capital that will in turn be reinvested back into the structure planning and plan change process. The proposed subdivision will not have any adverse effect on the form of urban development. The relationship of the site to surrounding land in terms of current and future development has been considered and this proposal will not compromise future development in any way. There is significant demand for urban land in the Warkworth area and current zoned land is insufficient to meet the foreseeable supply. The Council timeframe for providing additional ‘development ready’ land at Warkworth north is from 2022; the subject site is located in the ‘Warkworth north’ area. This effectively means that there will be no supply provided in the Warkworth area for approximately three years, or longer, unless some land is prepared now for urban development in the immediate future. As the proposed subdivision will not hinder, but will instead provide for, urban development of the land, in a manner that is consistent with the draft Warkworth Structure Plan, the proposal is considered to be in keeping with the relevant RPS objectives.

10.0 DISTRICT PLAN AND STATUTORY DOCUMENTS (SECTION 104(1)(B))

10.1 OBJECTIVES AND POLICIES OF THE AUCKLAND UNITARY PLAN (OP)

10.1.1 Subdivision

Rural

The relevant subdivision objectives and policies are contained at E39.2. Objectives and E39.3. Policies. The key objectives are:

• Land is subdivided to achieve the objectives of the zones, the relevant overlays and Auckland-wide provisions.

• Land is subdivided in a manner that provides for the long-term needs of the community and minimises adverse effects of future development on the environment.

• Land is vested to provide for esplanades, reserves, roads, stormwater, infrastructure and other purposes.


• Infrastructure supporting subdivision and development is planned and provided for in an integrated and comprehensive manner and provided for to be in place at the time of the subdivision or development.

• Infrastructure is appropriately protected from incompatible subdivision, use and development, and reverse sensitivity effects.

• Subdivision has a layout which is safe, efficient, convenient and accessible.

• Subdivision manages adverse effects on historic heritage or Māori cultural heritage.

• Subdivision maintains or enhances the natural features and landscapes that contribute to the character and amenity values of the areas.

• Subdivision maintains or enhances the natural features and landscapes that contribute to the character and amenity values of rural areas.

The key policies are:

• Provide for subdivision which supports the policies of the zones.

• Require subdivision to manage the risk of adverse effects resulting from natural hazards in accordance with the objectives and policies in E36 Natural hazards and flooding, and to provide safe and stable building platforms and vehicle access.

• Require any staged subdivision to be undertaken in a manner that promotes efficient development.

• Require subdivision, including site boundaries and specified building areas and access, to: recognise topography including steep slopes, natural features, ridgelines, aspect, water supplies, and existing vegetation; avoid inappropriately located buildings and associated accessways including prominent locations as viewed from public places; avoid adverse effects on riparian margins and protected natural features; and avoid fragmentation of features and landscape in the Significant Ecological Areas Overlay.

• Require esplanade reserves or strips when subdividing land adjoining qualifying water-bodies.

• Require esplanade reserves rather than esplanade strips.

• Require subdivision to avoid creating ribbon development along public roads or multiple access points that may adversely affect the character or amenity values or the adequate functioning of rural roads.

• Require accessways, public walkways and roads to be designed so rural and coastal character and amenity values are maintained or enhanced.


• Restrict the location and design of sites and specified building areas to: integrate development with the existing landscape; and ensure the character and amenity values of adjacent sites and the locality are not adversely affected.

• Require all sites capable of containing a building, in areas where service connections are available to a public reticulated network, to be able to connect to the following networks: wastewater; stormwater; and potable water.

• Require subdivision to manage stormwater.

• Manage subdivision and development to avoid, remedy or mitigate adverse effects on infrastructure including reverse sensitivity effects, which may compromise the operation and capacity of existing or authorised infrastructure.

Objective E39.2(3) requires land to be vested to provide for esplanades, reserves, roads, stormwater, infrastructure and other purposes. These have all been provided and are illustrated on the proposed subdivision scheme plan at Appendix 2.

The subdivision takes into account the 1% AEP flood plain, with all sites being outside the flood plain.

The proposal is considered to be consistent with above objectives and policies as it will provide the residential development of the subject site in a manner that can be efficiently serviced and will create 51 residential sites in close proximity to Warkworth township without resulting in adverse effects that are more than minor.

Urban

Given that the area has been earmarked for urban development and rezoning to Residential -Single House, the urban subdivision objectives and policies have also been considered.

The objectives are largely the same as for rural subdivisions, with the following additional objectives:

• Subdivision to protect indigenous vegetation or wetlands is provided for in the residential zones. Subdivision:

(a) within urban and serviced areas, does not increase the risks of adverse effects to people, property, infrastructure and the environment from natural hazards;

(b) avoids, where possible, and otherwise mitigates, adverse effects associated with subdivision for infrastructure or existing urban land uses; and


(c) maintains the function of flood plains and overland flow paths to safely convey flood waters, while taking into account the likely long term effects of climate change.

Additional key relevant policies include:

• Provide for subdivision of residential zoned sites containing indigenous vegetation scheduled in the D9 Significant Ecological Areas Overlay where the significant ecological area is to be protected, and enable the same or a similar number of sites to be created as would be enabled if the site did not contain a significant ecological area.

• Require subdivision to provide street and block patterns that support the concepts of a liveable, walkable and connected neighbourhood including:

(a) a road network that achieves all of the following:

(i) is easy and safe to use for pedestrians and cyclists;

(ii) is connected with a variety of routes within the immediate neighbourhood and between adjacent land areas; and

(iii) is connected to public transport, shops, schools, employment, open spaces and other amenities; and

(b) vehicle crossings and associated access designed and located to provide for safe and efficient movement to and from sites and minimising potential conflict between vehicles, pedestrians, and cyclists on the adjacent road network.

• Require subdivision to be designed to achieve a high level of amenity and efficiency for residents by:

(a) aligning roads and sites for maximum sunlight access where topography and parent site shape allows; and

(b) aligning sites to the road to maximise opportunities for buildings fronting the road.

• Limiting rear sites to places where the site topography, existing boundaries, natural features, or scheduled places will prevent the creation of front sites.

• Require subdivision to deliver sites that are of an appropriate size and shape for development intended by the zone by:

(a) providing a range of site sizes and densities; and

(b) providing for higher residential densities in locations where they are supportive of pedestrians, cyclists, public transport and the viability and vibrancy of centres.


• Encourage the design of subdivision to incorporate and enhance land forms, natural features, and indigenous trees and vegetation.

• Encourage shared vehicle access by way of rear lanes where appropriate to avoid the proliferation of vehicle crossings that:

(a) creates adverse effects on the safety of the road and footpath;

(b) limits opportunities to plant street trees; or

(c) creates inefficiencies in the provision of on-street car parking or areas for bus stops.

• Require shared vehicle access to be of a width, length and form that:

(a) encourages low vehicle speed environments; and

(b) provides for the safety of users of the access and the adjoining road network.

• Require sufficient road reserves to accommodate the needs of:

(a) different types of transport modes;

(b) stormwater networks;

(c) network utilities; and

(d) lighting, street furniture, landscaping and reticulated infrastructure in a way that will not create future safety and maintenance issues.

Similar to the above assessment for rural subdivision objectives and policies, the proposal is considered to meet the relevant objectives and is generally consistent with the above policies. The subdivision is creating allotments that align with the size and density anticipated by the Single House zone and the subdivision has been designed to take advantage of the site’s natural topography. While this has resulted in the creation of several rear lots, the subdivision design is considered the most efficient for the subject site, with rear lots occurring in several small clusters rather than uniformly across the site. The creation of the rear sites accords with the objectives and policies in that the reason for rear lots being created is minimisation of earthworks and response to topography and natural features. The subdivision can be appropriately serviced. SEAs are protected by the subdivision layout.

10.1.2 Future Urban Zone

The objectives and policies of the Future Urban Zone are located at H18.2 and H18.3. The objectives seek to ensure that future urban development is not compromised by premature subdivision, use or development; and urbanisation on sites zoned Future Urban Zone is avoided until the sites have been rezoned for urban purposes.

The related policies seek to:


• require subdivision, use and development to maintain and complement rural character and amenity.

• avoid subdivision that will result in the fragmentation of land and compromise future urban development.

• Prevent the establishment of more than one dwelling.

• Avoid subdivision, use and development of land that may result in one or more of the following:

o structures and buildings of a scale and form that will hinder or prevent future urban development;

o compromise the efficient and effective operation of the local and wider transport network;

o require significant upgrades, provisions or extension to the wastewater, water supply, or stormwater networks or other infrastructure;

o inhibit the efficient provision of infrastructure;

o give rise to reverse sensitivity effects when urban development occurs;

o give rise to reverse sensitivity effects in relation to existing rural activities or infrastructure; or

o undermine the form or nature of future urban development.

The objectives and policies for the Rural Production zone are not offended because the location and topography of this site, including its size means that the land could not reasonably be utilised for any of the purposes stated. There is no real productive capability of this landholding and therefore the proposed subdivision will not limit or compromise this potential in any way.

Likewise, the future development of the land will not be compromised and the proposed scheme plan provides for the land to be utilised for residential development.

It is acknowledged that subdivision within the Future Urban zone is a non-complying activity and is not prohibited. As such, and as stated in paragraph 112 of the Environment Court decision document attached at Appendix 8, it is acknowledged that the provisions of the zone are not intended to put a freeze on the capacity to use and develop land pending structure planning and urban rezoning. The plan allows for some tolerance of land development. Also, this land has been subject to a structure planning exercise and is included in a private plan change request to rezone the land.


As illustrated by the scheme plan, the subdivision provides for the site to be developed for residential purposes. Therefore, this is not a form of subdivision that fragments the land in a way that compromises the ability of the land to be developed for urban land uses in the future. It is the full complement intended urban land use outcome.

Of particular relevance, Policy H18.3 (4) is that subdivision that results in fragmentation and compromises future urban development should be avoided. The proposal will not compromise the land for urban purposes, and instead provides for its development in a manner that is consistent with the draft Warkworth Structure Plan and will not result in any fragmentation effects as the proposal provides for connections to adjoining sites and is located in proximity to key road extensions. The subdivision does not create any unplanned extensions to infrastructure and will in fact assist in paying for, and providing key aspects of the infrastructure upgrades that are required with respect to wastewater reticulation. As stated in the traffic assessment there are no local or wider network traffic or transportation effects generated by this proposal and nor will there be any reverse sensitivity effects created. Surrounding land areas are not utilised for rural farming activities due to the size and topography of land holdings and the close proximity to Warkworth.

Overall the proposed subdivision will assist in the efficient provision of infrastructure that is key to enabling this and surrounding urban development to occur in the immediately foreseeable future.

For the reasons outlined above, the proposal is not considered to be in keeping with, and not contrary to the objectives and policies of Chapter H18.

10.1.3 Significant Natural Areas Overlay – D9

The objectives contained in D9.2 and associated policies in D9.3 focus on protecting areas of significant indigenous biodiversity value in terrestrial, freshwater, and coastal marine areas are from the adverse effects of subdivision, use and development; enhancing indigenous biodiversity values of significant ecological areas; and recognising and providing for the relationship of Mana Whenua and their customs and traditions with indigenous vegetation and fauna.

Chapter E15 Vegetation management and biodiversity also contains applicable objectives and policies, including (1), that ecosystem services and indigenous biological diversity values, particularly in sensitive environments, and areas of contiguous indigenous vegetation cover, are maintained or enhanced while providing for appropriate subdivision, use and development, and (2) Indigenous biodiversity is restored and enhanced in areas where ecological values are degraded, or where development is occurring.


As discussed throughout this report, the ecological areas area proposed to be protected by this subdivision through the proposed reserve areas and bush protection covenants. In additional, restoration planting will form a condition of consent, which will assist in enhancing the ecological value of these areas. While some vegetation removal is proposed, mostly of individual trees or stands of trees, this is to be mitigated through additional planting. As such, the proposal is considered to be consistent with the objectives and policies of the Significant Natural Areas overlay.

10.1.4 Water Quality

E1.2. contains objectives for freshwater, including that freshwater and sediment quality is maintained where it is excellent or good and progressively improved over time in degraded areas. Objective (2) is that the mauri of freshwater is maintained or progressively improved over time to enable traditional and cultural use of this resource by Mana Whenua, and Objective (3) is that stormwater and wastewater networks are managed to protect public health and safety and to prevent or minimise adverse effects of contaminants on freshwater and coastal water quality.

E3.2. outlines the objectives with respect to Auckland's lakes, rivers, streams and wetlands, which focus on protecting these from degradation and permanent loss.

The proposal includes various mitigation measures to be implemented during the construction period that will ensure that the proposal does not adversely affect freshwater, including those on the subject site. In addition, the proposal involves the creation of an esplanade reserve, which offers future protection to the site’s waterways. No works within waterways are proposed by this application. The proposal is considered to accord with the water quality objectives and associated policies.

10.1.5 Land Disturbance

E11.2. outlines objectives for earthworks and land disturbance at a regional level. Relevant objectives area that (1) land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment, (2) that sediment generation from land disturbance is minimised, and (3) that land disturbance is controlled to achieve soil conservation. Associated policies focus on avoiding or otherwise mitigating adverse effects, managing land disturbance, managing impacts on Mana Whenua cultural heritage, enabling land disturbance necessary for a range of activities undertaken to provide for people and communities social, economic and cultural well-being, and their health and safety, as well as designing and implementing earthworks with recognition of existing environmental site constraints and opportunities, specific engineering requirements, and implementation of integrated water principles, and requiring that earthworks


are designed and undertaken in a manner that ensures the stability and safety of surrounding land, buildings and structures.

Objective E12.2. (1) for district earthworks is that land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment. Associated policies largely focus on avoiding and managing adverse effects.

The earthworks methodology is outlined in the Land Development Report (Appendix 3), with specific geotechnical requirements outlined in Appendix 5. The earthworks are required to establish roads and residential sites and will therefore provide for the existing and future communities social, economic and cultural well-being, their health and safety as the will facilitate a new residential subdivision and will be undertaken in a manner that avoids or mitigates adverse effects and land and people to an acceptable level. As such the proposal is considered to accord with the regional and district land disturbance objectives and policies.

10.2 SUMMARY

It is considered that the proposed development is in keeping with, and not contrary to the objectives and policies of the Unitary Plan.

11.0 RELEVANT RULES AND ASSESSMENT CRITERIA

The Unitary Plan specifies the relevant assessment criteria to be considered in assessing this application for each of the consent matters in the following sections:

• Regional Earthworks: E11.8. Assessment – restricted discretionary activities

• District Earthworks: E12.8. Assessment – restricted discretionary activities

• Vegetation Removal: E15.8. Assessment – Restricted discretionary activities (while the proposal is a discretionary activity under this chapter, the matters in this section still provide a use for guide for assessment).

Overall, consent is required for a non-complying activity, and thus any effect may be considered. Nonetheless, the sections above provide a useful guide for assessing the relevant parts of this proposal.

These criteria largely cover the same matters that have been discussed and assessed in the above report, pertaining to environmental effects and the objectives and policies of the Plan.

Overall, it is considered that the proposal meets the assessment criteria of the AUP (OP) for the reasons described above.


12.0 PART 2 MATTERS

Section 5 of Part 2 identifies the purpose of the RMA as being the sustainable management of natural and physical resources. This means managing the use, development and protection of natural and physical resources in a way that enables people and communities to provide for their social, cultural and economic well-being and health and safety while sustaining those resources for future generations, protecting the life supporting capacity of ecosystems, and avoiding, remedying or mitigating adverse effects on the environment. It is considered that the proposed development is not contrary with the Act’s purpose to “promote the sustainable management of natural and physical resources” as it will provide some relief in terms of the supply of land for urban development in the Warkworth area and is an efficient use of the land resource. As stated above there will not be any adverse environmental effects which are considered to be more than minor arising from the proposal.

Section 6 of the Act sets out a number of matters of national importance including (but not limited to) the protection of outstanding natural features and landscapes; the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna; and historic heritage from inappropriate subdivision, use and development.

These matters have been assessed and the proposal is in keeping with s.6 because an esplanade reserve and four Local Purpose reserves will be provided. These reserve areas accommodate the existing bush areas and the identified SEA. Cultural Impact Assessments provided in support of the Plan Change request did not identify any cultural issues other than matters relating to water quality and vegetation protection and like matters. As these matters will be addressed by the subdivision the effects of the proposal are considered to be less than minor with respect to ecological values, cultural values and character of the Mahurangi river. The proposal therefore, is in keeping with, and does not offend s6 matters.

Section 7 identifies a number of “other matters” to be given particular regard by Council and includes (but is not limited to) Kaitiakitanga, the efficient use of natural and physical resources, the maintenance and enhancement of amenity values, and maintenance and enhancement of the quality of the environment.

As discussed in the assessment of affects for this proposal, it is considered that any adverse environmental effects associated with the proposal will be less than minor. This includes effects in relation to rural character and amenity values, servicing, traffic and roading, site suitability, archaeological and cultural values, ecological values.


Section 8 requires Council to consider the principles of the Treaty of Waitangi. There are no known relevant matters in terms of section 8 of the Act. In any event we will send a copy of this application to Ngati Manuhiri and they have previously provided a Cultural Impact Assessment for the Plan Change Request. A copy of the CIA is provided at Appendix 11.

Overall, it is considered that this proposal satisfies the Purpose and the Principles of the Act.

13.0 PARTICULAR REQUIREMENTS FOR NON-COMPLYING ACTIVITES SECTION 104D

With respect to the assessment above, the first gateway test for a non-complying activity required under section 104D(1)(a) has been met in that the application will not have an adverse effect on the environment which is more than minor.

With respect to the second gateway test under section 104D(1)(b), the application is not contrary to the relevant policies and objectives of the AUP(OP).

Accordingly, as the application has passed both of the gateway tests in s104D, consent can be granted for this non-complying activity.

14.0 REFUSAL OF SUBDIVISION CONSENT – SECTION 106

Section 106 of the Act states that a consent authority may refuse to grant subdivision consent, or may grant subdivision consent subject to conditions if it considers that:

• There is a significant risk from natural hazards; or • Sufficient provision has not been made for legal and physical access to each

allotment.

The site is not identified as being subject to significant risk from natural hazards by the AUP(OP). It is noted that all residential lots can accommodate a dwelling and achieve access, and that subject to the recommendations outlined within the Land Development and Geotechnical reports, the site is suitable for the proposed subdivision.

Overall, is it considered that the land and structures on the land will not be subject to any other hazards and subsequent material damage by erosion, falling debris, subsidence or slippage, or that any subsequent use that is likely to be made of the land is not likely to accelerate, worsen, or result in material damage to the land or structures resulting from this proposal. In addition, sufficient provision has been made for physical access to each lot created by the subdivision.


In conclusion, it is considered that the mitigation measures proposed will satisfy the requirements of s106 of the Act.

15.0 OTHER MATTERS (SECTION 104(1)(c))

15.1 STRUCTURE PLANS AND FUTURE PLANNING OF WARKWORTH

A draft Warkworth Structure Plan has been prepared, with feedback closing in March 2019. The applicant has submitted a detailed submission on the structure plan. The proposal is consistent with the directions in the draft structure plan as discussed throughout this report as the draft Structure Plan shows the land as Residential- Single House.

The proposed subdivision will not adversely affect future development outcomes and is consistent with the intended future development of Warkworth.

It is noted that the land is located in the Warkworth North area of the FULSS and identified to be ‘Development Ready’ from 2022. The proposal is generally consistent with this strategy.

The land is located in close proximity to the motorway extension and Matakana Link Road which will both be completed in the next two to three years. We consider the proposal will contribute to positive urban outcomes through making land available for development prior to the opening of the motorway.

With respect to relevant non-statutory documents, a Spatial Plan was handed to Council that was developed involving inputs from the public and a range of technical assessments. While high level, this spatial plan also earmarks the site as being suitable for residential development.

A private plan change request has also been lodged, accepted and is soon to be notified by Auckland Council that includes the land as Single House Zone. The proposal is consistent with this proposed zoning.

15.2 PRECEDENT

A precedent can be set by granting consent to non-complying applications and the need for Council to treat like applications alike. This can in turn lead to adverse effects on the environment that could not have been anticipated.

Granting consent to this proposal will not establish a precedent that would in turn lead to adverse environmental effects beyond any effects that could reasonably be anticipated by the future urban zoning of the land. The reasons for this are as follows:


• The site can be fully serviced, effects mitigated and thus the full urban outcome for this site, being residential development can be achieved without compromising or frustrating future planning.

• The effects of this proposal on the existing and the anticipated future environment are minor.

• Although the Unitary Plan seeks to limit subdivision of land zoned Future Urban until the Council applies a live urban zoning, this proposal is in keeping with, and not contrary to the relevant provisions of the RPS, the Future Urban zone or the Rural Production zone.

• The character of the site and surrounding area is not rural and the location and topography, including the size of the site make it not suitable for rural activities. Therefore, granting consent does not offend the rural policy framework.

• There are several features of this proposal which would be difficult to emulate in other locations. For example, the proposal is consistent in timing with the Council Structure Plan and a private Plan Change that is about to be notified; both of which show the land as Residential – Single House zone.

• The development of this land assist in key infrastructure being provided in a timely manner by Watercare to provide the wastewater network for this site and the wider area of Warkworth North.

• The lead time for development to achieve site development and enable houses to be constructed is at least 18 months, more likely longer by the time the consenting process is factored in. Therefore, the timing of this proposal is generally consistent with the timing stated in the FULSS for this area to be ‘Development Ready’.

16.0 CONCLUSION

The proposal involves the creation of 51 residential lots, roads, Local Purpose and esplanade reserve lots and associated earthworks and service provision at 223 Falls Road, Warkworth.

Based on the above report it is considered that:

• Public notification is sought given the proposed development of Future Urban zoned land prior to rezoning, to allow public input into the proposal in advance of any plan change process;

• Any adverse effects in relation to character and amenity, transportation, future development, site suitability, servicing, and ecological values are considered to be minor, and acceptable when considering the positive effects


of the proposal which includes 51 new dwellings within an area where there is a shortfall of development ready residential land;

• The proposal is consistent with the intended future use of the land as shown in the draft structure plan for the area;

• The proposal is not contrary to the relevant AUP (OP) objectives and policies;

• The proposal meets the relevant AUP (OP) assessment criteria; and

• The proposal is considered to be consistent with Part 2 of the Act.

It is therefore concluded that the proposal satisfies all matters the consent authority is required to assess, and that it can be granted.

AUTHORS

Burnette O’Connor / Ruth Evans

Senior Associate / Senior Planner, Barker & Associates Ltd Date: 20/5/2019

propoed o fee 20-may-2019 pe do - auckland council... · 2019-09-03 · b&a ref: 16268 3...

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