supplementary statement of evidence of robert james pryor
TRANSCRIPT
Before the Environment Court at Auckland ENV-2013-AKL-000174
In the Matter
And
In the Matter
of the Resource Management Act 1991
of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf
Supplementary Statement of Evidence of Robert James Pryor
on behalf of Waiheke Marinas Ltd Dated 22 June 2015
Richard Brabant/Jeremy Brabant Barristers
Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland St
Auckland City Ph: 093096665 Fax: 09 3096667
Introduction
1 . My full name is Robert James pryor. My qualifications and experience are set out
in my Evidence in Chief, dated 29 April 2014.
2. I confirm that I have reviewed, and agree to comply with, the Code of Conduct
for Expert Witnesses set out in the Environment Court's Practice Note (2014).
3. I prepared a Statement of Evidence in April 2014 and Statement of Rebuttal
Evidence in September 2014. I presented evidence to the Environment Court in
October 2014. My earlier statements of evidence detail my involvement with this
project. I note I have undertaken further visits to the site and surrounds since
presenting evidence in October 2014, most recently on 14 June 2015.
4. I have provided design advice to Waiheke Marinas Ltd in relation to the
amended design in order to further reduce potential adverse landscape and
visual effects ofthe proposal.
Scope of Evidence
5. This supplementary evidence describes the proposed amended marina design
and parking deck and assesses the landscape, natural character and visual
amenity effects of the proposal on the surrounding area.
6. My EIC described the existing landscape character of the site and locality and
identified the key landscape and seascape features of the area, and therefore
will not be repeated in this evidence 1.
7. My evidence will address the following:
a. Description of the proposed amended marina design and parking deck;
b. Evaluation of the landscape, visual, amenity and natural character effects;
and
c. Conclusions.
1 EIC Pryor, paras 18 - 35
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The Amended Marina with Parking Deck
8. The initial proposal has been fully described within the application. Essentially the
amended proposal involves the construction of a 112-berth marina in the
northeastern corner of Matiatia Bay adjacent to the existing ferry terminal and
wharf. The key visual components of the marina (as amended) are:
a. marina of approximately 112 berths;
b. primary armour rock breakwater approximately 130m long with piled end
panels for additional wave protection, with pedestrian footpath accessing a
viewing platform at the southern end;
c. secondary armour rock breakwater approximately 75m long to the
northwest of the primary rock breakwater;
d. 4m wide southern access pier that also acts as a wave attenuator
e. four. 2m wide internal piers (A-D) with 1 m wide finger jetties;
f. 110 sleeved piles (ranging between 250mm and 600mm diameter);
g. low-level security lighting;
h. navigation markers;
i. 13 pile moorings (12 craft);
j. piled deck with car parking and public amenity areas;
k. 4m wide timber decked promenade along the seaward (western) edge of
the parking deck;
I. timber viewing platform; and
m. floating marina office with dinghy racks.
9. Figure 140 illustrates the amended marina layout and compares the original
proposal with the amended design.
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Key Visual Changes
10. The amended proposal has incorporated a number of design initiatives to further
reduce the landscape and visual effects of the marina and parking deck.
11. The breakwaters have been reduced in length and curved to soften their
appearance, reduce their engineered characteristics and to replicate the more
organic and natural shapes within Matiatia Bay. The visible outer armouring of the
breakwaters and the 1.5m wide footpath extending along the primary
breakwater will be as previously proposed.2
12. The reduction in size of the marina results in a more significant separation
between the berthed vessels and the coastal edge and foreshore.
13. The amended design has reduced the length of the piers and pulled them away
from the foreshore which has retained the more open nature of the inner bay and
beach adjoining Matietie Reserve.
14. The reduced size of the marina has reduced the 'spread' of built development
across the bay when viewed from the beach and foreshore adjoining Matietie
Reserve.
15. The proposed car parking deck with timber decking has been designed in
keeping with the form and scale of the adjoining wharves. The deck is also
physically separated from the rocky foreshore and the vehicles will be screened
from view for those accessing the foreshore adjoining Matietie Reserve. A
comparison of the deck dimensions with the previously proposed reclamation is
shown in Figures 144 and 146. The design features of the parking deck are
outlined below.
Landscape Design Initiatives
Parking Deck
16. A number of landscape design initiatives have been incorporated into the
amended marina proposal as illustrated in Figure 147 - Parking Deck Materials.
Essentially the parking deck has been designed in keeping with the surrounding
wharves.
2 EIC Pryor, paras 12 - 14
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17. A 4 metre wide timber decked promenade extends along the seaward side of
the parking deck providing safe unimpeded pedestrian access to the marina and
viewing platform at the northern end. Wide timber and corten steel seating
benches are located towards the rear of the promenade enabling views out
across the marina. Timber and steel hand railing extends along the edge of the
promenade.
18. At the northern end of the promenade is the 3 metre wide timber platform which
wraps around the western and northern end of the deck. This is stepped down
350mm from the deck, via a 400mm wide step, allowing a closer interaction with
the water and physical separation from the deck. The timber piles extend above
the deck level in a similar nature to the piles on the adjacent old wharf. The
platform provides unobstructed views towards the Matietie Reserve, enables
fishing and incorporates ladder access/egress into the water for swimming.
19. While the parking deck construction requires concrete precast panel
construction, hardwood timber plank 'insets' are proposed to visually soften the
deck and enhance the maritime characteristics.
20. Vertical timber battens extend along the landward side of the parking deck to a
height of 1.25 metres. These will provide a visual screen/buffer to the parked cars
for recreational users of the foreshore in the vicinity while still allowing a good level
of light penetration and interplay of light and shadow.
21 . Planting has been kept to a minimum in keeping with the wharf characteristics. A
raised corten steel planter is located to the west of the main access with a
specimen pohutukawa (Metrosideros exce/sa) under planted with the hardy
coastal pohuehue (Mueh/enbeckia comp/exa) groundcover.
Breakwaters
22. The breakwaters are now to be constructed with rocks that are less uniform in size,
with larger rocks used to provide some differential form to the top level of the
breakwaters in particular. This will be more in keeping with the natural foreshore
and rocky coastline characteristics.
Floating Office
23. The proposed floating office design has been revised (within the envelope of the
previous proposed structure), to achieve a more architectural form. The
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architectural design of the building with sloping roof form, use of timber and
extensive areas of glazing has resulted in a visually pleasing building with reduced
bulk, form and scale .
. Evaluation of the Proposal
24. I consider the potential landscape, visual. amenity and natural character effects
of the Project as they relate to the RMA to be:
a. Effects on the natural character of the coastal environment: s6(a);
b. Effects on amenity values: s7(c); and
c. Effects on the quality of the environment: s7(f).
Visual Effects, the Visual Catchment and Viewing Audience
25. I have adopted the same approach as that previously used to assess the
application prior to the latest revision.3
26. With respect to this revised proposal, five public viewpoints and three private
viewpoints have been identified from which the landscape and visual effects
have been assessed. This is achieved by using both descriptive and analytical
means. The viewpoints were selected as locations that in my opinion capture and
fairly represent the range of public and private views towards the proposed
marina. Four of the viewpoints are the same as previously assessed with four new
viewpoints being selected following feedback from the earlier hearing.
27. The assessment is from each of the following viewpoints:
Viewpoint 1: Matiatia Bay - Auckland Ferry (new) (Fig. 158)
Viewpoint 3: Northwestern Slopes - private residence (Figs. 159 - 160)
Viewpoint 4: Foreshore adjoining Matietie Historic Reserve (Figs. 161 - 162)
Viewpoint 5: Northern Slopes - private residence (Figs. 163 - 164)
Viewpoint 8: Old Wharf (new) (Figs. 165 - 166)
Viewpoint 9: Old Wharf (new) (Figs. 167 - 168)
Viewpoint 10: Alexander Residence (previously Magee) (Figs. 169)
Viewpoint 11: Seat on Southern Slopes (new) (Figs. 170 - 171 )
3 EIC Pryor, Paras 37 - 43
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28. As previously. photographs have been taken and visual simulations prepared by
Buildmedia from the viewpoints at both high and low tides. A detailed assessment
and analysis of the potential landscape and visual effects of the development
has been carried out using a Visual Effects Matrix (score sheet) that ensures that
each view and changes within each view are evaluated thoroughly and
consistently.
29. The key factors contained in that matrix. an explanation of the level of effect. and
a description of the five-point scale used to rate effects were set out in my EIC.4
Analysis of Results
30. The following summaries describe the implications that the amended marina
development has for each of the viewpoints. In so doing they touch on key
findings in the matrix analysis and the implications that these might have for areas
and audiences in close proximity to any given viewpoint.
Viewpoint 1: Matiatia Bay - Auckland Ferry (Figure 158)
31 . Viewpoint 1 is taken from the ferry entering into Matiatia Bay looking in a
northeasterly direction towards the site. This view is closer to the marina than
previously assessed. In my EIC I stated this is a public view. which in the context of
the island would be experienced by relatively high numbers of people. both local
residents and visitors who access the island by ferries and other vessels using the
Matiatia Bay wharf. It is also indicative of the views of recreational boa ties in the
bay.
32. My assessments in paragraphs 52 - 55 remain valid. subject to the following
additional comments:
a. The amended design has reduced the length of the breakwater and
curved it to appear more characteristic of the rocky embayments in the
surrounding area;
b. The coastal edge and beach adjoining Matietie Reserve is clearly visible
beyond the masts. In comparison to the previous design. the reduced
size of the marina results in more significant separation between the
vessels and the coastal edge and beach.
4 EIC Pryor, Paras 47 - 49
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c. The deck is viewed in profile from this viewpoint. There is a similarity
between its visual characteristics and those of the existing wharves.
33. In my opinion the landscape and visual effects will be moderate in the context of
the surrounding coastal environment due to the close proximity of the viewer to
the marina. From here however, the modified characteristics of the transport hub
are also highly visible with the ferry terminal, wharves and car parking area. The
marina will be viewed within this highly modified maritime context and would not
appear incongruous.
Viewpoint 3: Northwestern slopes - private residence (Figures 159 - 160)
34. This perspective is taken from the northwestern slopes above Matiatia Bay from a
private viewing location at 10 Allan Murray Lane looking east. The view extends
across the bay towards Matietie Reserve, the ferry terminal and public car park
accessed off Ocean View Road. Views are not gained from the residential
dwelling which is located on the northern side of the ridgeline and orientated to
the north.
35. My assessments in EIC paragraphs 59 - 60 remain valid, subject to the following
additional comments:
a. The amended design has reduced the length of the piers and size of the
marina which has retained the more open nature of the inner bay and
beach adjoining Matietie Reserve;
b. The amended design has reduced the length of the breakwater and
curved it to appear more characteristic of the embayments in the
surrounding area; and
c. The reduced size of the marina results in a more significant separation
between the vessels and the coastal edge and beach, which is
notic"eable from this elevated viewpoint.
36. The marina will not adversely affect the more natural characteristics and
appearance of Matiatia towards the outer or western end of the bay. From this
viewpoint the visual and landscape effects of the marina will be moderate.
Viewpoint 4: Foreshore adjoining Matietie Historic Reserve (Figures 161 - 162)
37. This closer view is from the foreshore in front of the Matietie Historic Reserve looking
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south. The existing wharves, ferry terminal building and boats on the swing
moorings form a dominant element in the view beyond which are the vegetated
southern slopes with residential settlement extending into the skyline.
38. My assessments in EIC paragraphs 63 - 64 remain valid, subject to the following
additional comments:
a. The reduced size of the marina results in more significant separation
between the vessels and the coastal edge and beach;
b. The amended design has reduced the length of the piers and size of the
marina which has retained the more open nature of the inner bay and
beach adjoining Matietie Reserve;
c. The reduced size of the marina has reduced the 'spread' of built
development across the bay;
d. The amended design has reduced the length of the breakwater and
curved it to appear more characteristic of the embayments in the
surrounding area; and
e. The proposed car parking deck with timber decking will appear similar to
the existing wharf structures. From the foreshore the deck would be
viewed elevated above the water with the rocky coastal edge visible
beyond.
39. In comparison to the earlier design, the reduction in vessel density is noticeable
from this viewpoint. The shortening of the innermost pier results in some real
separation between the viewer and vessels on that pier, whilst removal of the
innermost line of pile moorings has opened views over clear water up the northern
shoreline toward the headland to the south of the entrance to the Bay.
40. The marina will integrate into the maritime setting without detracting significantly
from the appreciation of the seascape. From the foreshore the open expanse of
the inner bay and water area is retained to a large degree. Overall, the
landscape and visual effects will be low-moderate from the foreshore.
Viewpoint 5: Northern slopes (Figures 163 - 164)
41. This view is from a more elevated private viewing location at 122 Delamore Drive
on the northern slopes above the foreshore adjoining Matietie Reserve. It is taken
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from the lower grassed area of the property, with the dwelling itself being located
on the higher slopes.
42. Again from this elevated viewing location the existing wharves and ferry terminal
building are a dominant built element in the view with the coastal hills extending
up behind. The view extends across the bay towards the entrance and out into
the Gulf beyond. The boats on the swing moorings reinforce the recreational
marine attributes within the sheltered waters of the inner bay.
43. The viewing audience from here is restricted to the private residential property.
While the marina will be highly visible from here, the visibility of a development in
the landscape does not constitute an adverse effect in itself. The visibility of a
development may result in adverse effects in terms of amenity and appreciation
of the landscape values if the development detracts from the qualities that would
be viewed or experienced. I consider that while the marina will be highly visible
from here, viewed in the context of the existing maritime environment, it will not
adversely affect the visual amenity and landscape values.
44. My assessments in EIC paragraphs 63 - 64 remain valid, subject to the following
additional comments:
a. The reduced size of the marina results in more significant separation
between the vessels and the coastal edge and beach;
b. The amended design has reduced the length of the piers and size of the
marina which has retained the more open nature of the inner bay and
beach adjoining Matietie Reserve;
c. The reduced size of the marina has reduced the 'spread' of built
development across the bay; and
d. The proposed car parking deck with timber decking will appear similar to
the existing wharf structures in the view and will not appear out of
context.
45. The elevated nature of this viewpoint means that the increased open water
space areas can be particularly appreciated.
46. In cognisance of the above, the marina will reinforce the working characteristics
of the eastern end of the bay without detracting significantly from the
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appreciation of the wider landscape and seascape. Overall, the visual effects
will be moderate from this private viewing location. The marina will be viewed in
association with the existing ferry terminal and wharves and the prevailing marine
related activities in the locality.
Viewpoint 8: Old Wharf - Left (Figures 165 - 166)
47. This new viewpoint is that seen from the old wharf looking in a westerly direction
towards the western end and entrance into the bay, and is indicative of the view
of commercial and recreational users of the old wharf. This is one of the closest
viewing locations to the proposed marina.
48. The existing view extends across the waters of the inner bay towards the enclosing
coastal hills rising up from the bay. Not visible in the photograph, but highly visible
in the wider panorama obtained from here is the ferry terminal and wharf
immediately to the left of the photograph. As the main arrival point and transport
terminal for Waiheke Island, this area is a constant hub of activity.
49. As illustrated in the visual simUlation, the marina will be viewed sitting prominently
in the foreground, backdropped by the coastal hills. The piles, piers and moored
vessels will be highly visible, the breakwaters less so being screened behind the
boats. Views across the bay and out towards the entrance will be retained as
well as a good expanse of open water.
50. In the context of the existing coastal environment and the proximity of the marina
to the ferry terminal and wharves, the proposed marina will not appear out of
place. This is a coastal environment characterised by boats and ferries entering
and departing the bay. The eastern end of the bay is the gateway to Matiatia
and departure point for Auckland. I consider that in this context the marina is an
appropriate use and activity in this location.
51. Overall, the landscape and visual effects will be moderate from this location on
the old wharf.
Viewpoint 9: Old Wharf - Right (Figures 167 - 168)
52. This new close view is that seen from the old wharf looking in a northerly direction
towards the foreshore and Matietie Reserve. Again, similar to the previous
viewpoint, the ferry terminal, wharf and associated infrastructure and high level of
activity are not visible in the photograph, however are located in very close
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proximity to the right of the view.
53. From here the marina will be viewed prominently in the foreground, again
backdropped by the coastal hills. The piles, piers and moored vessels will be
highly visible however from this viewing angle the breakwaters will not.· The
parking deck and promenade will be seen against the vegetated slopes.
54. The parking deck piles are seen in the context of the old wharf piles in the
foreground which provides a visual link between the structures.
55. While views towards the foreshore and beach will be obscured, particularly at
high tide, the context of the scene and level of activity within the surrounding
area need to be taken into consideration. The view is from the old wharf which is
utilised for boat berthage, freight unloading, vehicle movements, coastguard
activities and public recreational use. Immediately adjoining the wharf is the ferry
terminal and wharf and bus terminal with very high levels of activity all times
throughout the day and evening.
56. As for the previous viewpoint from the old wharf, I consider that in this context the
marina is an entirely appropriate use and activity in this location. Again from here
in the context of the surrounding environment the visual and landscape effects
will be moderate. The marina will reinforce and complement the 'gateway'
characteristics of Matiatia at this highly modified head of the bay.
Viewpoint 10: Alexander residence - 89 Nick Johnstone Drive (Figure 169)
57. This distant viewpoint is taken from the Alexander residence at 89 Nick Johnstone
Drive looking in a northwesterly direction across the bay. The view extends across
the bay towards the northern and eastern slopes and beyond to the Hauraki Gulf
Islands. The ferry terminal and wharves are clearly visible built elements in the
foreground.
58. My assessments in EIC paragraphs 89 - 90 remain valid, subject to the following
additional comments:
a. The amended design has reduced the size of the marina which has
retained the more open nature of the inner bay and beach adjoining
Matietie Reserve; and
b. The amended design has reduced the length of the breakwaters and
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curved them to appear more characteristic of the embayments in the
surrounding area.
59. From this elevated viewpoint the shortened Pier A and smaller deck result in a
clear separation between the marina and the foreshore and beach.
60. While there will be change in the view, marinas are an integral part of the coastal
landscape and in the context of the surrounding environment and wider and
extensive panoramic views, the visual and landscape effects will be low from this
viewpoint.
Viewpoint 11: The Seat (Figures 170 - 171)
61. This new viewpoint is taken from the seat beside the coastal walkway to Church
Bay, just below the residence at 139 Nick Johnstone Drive looking in a
northeasterly direction across the bay. Again from here the view is expansive and
elevated, extending across Matiatia Bay towards the ferry terminal and wharves,
the northern and eastern slopes and out to the Hauraki Gulf and islands.
62. Similarly to the previous viewpoint the view has a high level of landscape amenity
due to its elevation and the wide panoramic views experienced. The
landscape/seascape views are diverse from here and the marina site has a good
visual absorption capability due to the characteristics of the coastal edge,
contrasting landform and vegetation patterns, dynamic characteristics of the sea
surface and viewing angle. The modified characteristics of the ferry terminal and
wharves, car parking area and the residential settlement pattern are apparent
from here.
63. The visual sensitivity of the view from here is moderate - the viewing audience are
at an elevated angle and largely comprised of recreational users of the walkway
who could be anticipated to have a relatively high expectation for visual amenity
in this coastal area. This is tempered however by the relatively high capacity for
the view to accommodate change as a result of existing development, activity
and modification to the coastal edge.
64. The shoreline and landform against which the marina will be viewed are
characterised by the indented coastline, revegetated slopes, areas of pasture
and the residential settlement pattern on the slopes above. The climatic
variations are also apparent when comparing the high and low tide visualisations.
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65. From here the marina will comprise only a small portion of the wider panoramic
and extensive view and will be seen tucked into the base of the northern slopes.
While it will increase the modified characteristics of the bay, it will not be visually
intrusive. The bay is already modified and marinas are an integral component of
coastal seascapes. The transport hub and associated built development, existing
ferry terminal, wharves and car parking areas reinforce the working characteristics
of the bay and the marina will fit comfortably into this setting.
66. Again from here in the context of the surrounding coastal environment the visual
and landscape effects will be low.
Natural Character Effects and Amenity Effects
67. In relation to effects on natural character and amenity effects, my conclusions
outlined in EIC paragraphs 97 to 115 remain unchanged in that I consider that
overall the marina will have low adverse effects on the natural character and
amenity values of the Matiatia Bay environment. The amendments to the marina
have reduced the level of adverse effects which will be experienced by
reference to the original proposal.
Night-time Effects
68. In cognisance of the existing night-time lighting levels within the bay and low
illumination levels associated with the proposal, the marina would have minimal
cumulative effects. The amendments have further reduced the level of lighting
relating to car parking.
Conclusions
69. My conclusions in EIC paragraphs 178 - 182 remain valid, subject to the following
additional comments.
a. The amended design has reduced the size of the marina which results in a
more significant separation between the vessels and the coastal edge. This
retains the more open nature and expanse of water of the inner bay and
beach adjoining Matietie Reserve;
b. The amended design has reduced the length of the breakwaters and
curved them to appear more characteristic of the rocky embayments in the
surrounding area;
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c. The smaller size of the marina has reduced the 'spread' of built
development across the bay;
d. The shortening of the innermost pier and the removal of the innermost line of
pile moorings has opened up views over clear water up the northern
shoreline towards the headland to the south of the entrance to the Bay
when viewed from the beach and foreshore adjoining Matietie Reserve;
e. The proposed car parking deck with timber decking will appear similar to
the existing wharf structures in the view and will not appear out of context;
and
f. The parking deck piles will be seen in the context of the old wharf piles
which provides a visual link between the structures.
70. I therefore remain of the opinion that in the context of the established maritime
environment the marina can be visually accommodated without adversely
affecting the natural character, aesthetic value and integrity of the coastal
environment.
Robert Pryor
Date: 22 June 2015
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