to: brogan mcquoid

To: Brogan McQuoid – Team Leader North West Resource Consenting (AC)

From: Simon Andrew | Senior Development Planner (AT)

Date: 23 September 2021

Subject: Nola Estate Fast Track – Revised Draft Conditions

Thank you for the opportunity to provide comments on the revised draft consent conditions for the Nola

Estate Fast Track application. The amendments suggested by Auckland Transport have generally been

included in the revised conditions, however the following concerns remain:

• Vehicle tracking has not been fully addressed by the applicant. This is on the basis that there

is no certainty that a truck will be able to safely manoeuvre through the development without

interfering with traffic flows from the opposite direction or creating a safety hazard for

pedestrians. In addition, there is no certainty that a truck will be able to safely manoeuvre within

the development when entering from West Coast Road to access the Road C Loading Zone.

The mid-block vehicle tracking for the internal road network only shows a 6.3m van against van

opposing movements on the curves. The applicant needs to provide vehicle tracking for the

10.3m rubbish truck against an opposing van (refer Auckland Transport Engineering Design

Code: Urban and Rural Design 2). Condition 9(b) and an advice note have been included

in SUB-A to address this matter.

• Table 1 of the Auckland Transport Engineering Design Code Footpaths and the Public Realm

shows that a 1m minimum width back berm is required but has not be included in the proposed

development plans. To fit the back berm in later, the applicant may need to reduce other

elements of the street which may not be supported by Auckland Transport (lane widths, front

berms, parking, etc). The concept level design needs to be addressed at resource consent

stage to confirm that a sufficient road corridor can be provided that sufficiently responds to user

requirements. The applicant has agreed to address this matter by applying for a departure from

the standards via their Engineering Plan Approval for a 0.6-0.7m wide back berm, although I

have not received any confirmation that this has been approved by Auckland Transports

Engineering Plan Approval team. The resource consent plans should be updated to show the

proposed back berm as this may affect the lot boundaries. Condition 9(j) and an advice note

have been included in SUB-A to address this matter.

• The applicant is required to update their ITA to include more thorough traffic modelling.

Condition 91 has been added to the LUC draft conditions to address this matter.

• The applicant is required to provide a comprehensive Whole of Life Cost Assessment

demonstrating that the selected stormwater management devices are the most cost-effective

solution. While this has been recently provided by the applicant, Auckland Transport is still in

the process of reviewing the document. Condition 47 has been added to the SUB-A-E draft

conditions to address this matter.

• The conditions do not appropriately cover what information the Construction Traffic

Management Plan should contain. Additional details have been added to the relevant draft

condition accordingly. Edits and additions have been made to condition 45 of the LUC draft

conditions to address this matter.

• The conditions do not adequately cover details relating to bike storage and how it will be

provided on site to meet TDM technical Standards. Condition 92 has been added to the LUC

draft conditions to address this matter.

• The conditions place a timeframe on Auckland Transport to grant permission for bus stop

upgrades and we do not agree to these timeframes being put in place. Edits have been made

to condition 30 of the SUB-A draft conditions to address this matter.

• Application plans include a retaining wall within the road reserve. Auckland Transport does not

support the inclusion of retaining walls within the road reserve and recommends a condition to

this effect. Condition 62 has been added to the draft SUB conditions to address this matter.

In this regard, the following additional conditions, advice notes and changes are recommended:

Changes to draft LUC conditions (additions in red and underlined, deletions crossed out):

Traffic Modelling

41. The applicant must provide a more thorough TIA to ensure that effects on the safe and

efficient operation of the adjacent transport network are sufficiently anticipated and

addressed. The following must be provided:

a) Existing traffic volumes are based on surveys taken in August and September 2020 (refer

TIA Section 2.2.3). There was a 2 week period of level 3 lockdown in August which would

impact traffic volumes. The TIA acknowledges this and takes steps to account for it but

there is no standard method to adjust for this type of event. A new survey must be taken

now to confirm the earlier survey results.

b) It is normal to record observed lengths during traffic surveys. When a traffic model for

the existing situation is prepared, the queue lengths the model estimates are compared

against the survey observations to calibrate the model. Information on the observed

queue lengths must be provided. This must include a table comparing them against what

the SIDRA model is predicting.

c) TIA Section 3.11 uses the NSW RTA guide for trip generation rates with a value of 0.65

vph for medium density residential. This is a commonly used guide, however, there are

other sources which are also used and there is range of values which could be

considered reasonable for this development type. 0.65 vph is within the typical range

and seems reasonable but some sensitivity testing using a higher trip generation rate

must be provided. This will help to confirm that if it is higher than expected, it will not

cause a significant capacity issue on the network. Trip generation rates may be higher

than expected due to the relatively infrequent bus routes in the area.

d) The TIA makes assumptions regarding which directions vehicles coming to and from the

development have come from/to. A sensitivity check must be undertaken in this regard

to confirm that any effects to the safe and efficient operation of the adjacent transport

network have been sufficiently anticipated and are acceptable.

Bike Storage

42. Prior to construction of any bicycle parking area/s, confirmation must be provided to Council

that the layout, quantity, design and security of bicycle parking facilities located either in

public or private areas, meet the minimum requirements of TDM Technical Standard.

Advice note:

Consideration should be given to providing changing and shower facilities to support

employees who choose to cycle-commute and use bicycle parking areas.

Construction Traffic Management Plan

45. The CTMP must additionally be prepared in accordance with the Council’s requirements for

construction traffic management plans (as applicable) and the New Zealand Transport

Authority’s COPTTM and must address the surrounding environment including public

transport, pedestrian and bicycle traffic and the control of the movement of construction

vehicles to and from the site. The CTMP must include the following information:

(a) Control procedures for trucks unloading and loading, particularly the hours of operation

and when restrictions on hours of delivery may be necessary to maintain access, network

function or safety;

(b) The likely types of trucks and vehicles (i.e., that will be used to deliver

machinery/materials to the site, to remove soil etc);

(c) The number of vehicle movements to and from the site per day, the frequency of the

movements and how long vehicles will be on site;

(d) The routes that trucks and heavy vehicles will take, including access and egress points

to the site;

(e) Methods to avoid unnecessary truck waiting and queueing within any road(s);

(f) Wheel cleaning (soil removal) prior to egressing the site;

(g) Identification of parking for worker/contractor/subcontractor vehicles to maintain the

availability of public on-street parking as far as practical;

(h) Pedestrian/cyclist movements and Measures to control pedestrian/cyclist movements

and ensure pedestrian/cyclist safety;

(i) Equipment to be used for traffic control and details of where traffic controls will be

implemented;

(j) Details of all signage (to comply with COPTTM);

(k) On-street parking controls and liaison with Auckland Transport, with availability of public

parking being maintained as far as practicable without affecting the construction activity;

(l) Impact on street lighting;

(m) Liaison with emergency services; and

(n) How to keep paths and roadway clean and uncluttered.

(o) Any need for temporary road closures and/or other restrictions on the surrounding road

network for the transportation of plant, machinery and materials or for other reasons

relating to construction activities.

(p) Detail what consultation and notice will be provided to adjacent businesses and

residents with regard to construction traffic management.

(q) Measures to ensure satisfactory vehicle and pedestrian access is maintained to

adjacent properties at all times.

Changes to draft SUB-A conditions (additions in red and underlined, deletions crossed out):

Engineering Plan Approval – roads

9. At Engineering Plan Approval (EPA) stage, the Applicant must submit roading designs including

the provision of:

(a) Revised designs and vehicle tracking for the Road 1 / Road 3 intersection (Drawing

20278-VTGH-(14) & Drawing 20278-VTGH-(6) Attachment 1 of the ITA) to

demonstrate that compliance with vehicle tracking standards can be achieved; and

(b) Vehicle tracking plans showing a 10.3m rubbish truck against an opposing van (refer

Auckland Transport Engineering Design Code: Urban and Rural Design Page 12).

(c) The design of raised tables near the proposed development’s intersections with

Glengarry Road (on Roads 1 and 2) and the deletion of the existing proposed raised

table in the southern most proposed road; and

(d) Proposed pedestrian crossing points; and

(e) Details of proposed upgrades to bus stops 5466 and 5468 at 448 and 478 West Coast

Road; and

(f) Details of stormwater devices within road reserves; and

(g) Details of the “left-in left-out” access proposed on West Coast Road; and

(h) Details of the raised median design on West Coast Road; and

(i) A road safety audit undertaken by a suitably qualified person of the roading designs.

(j) A back berm

Advice notes

(i) In respect of Condition 9(a), there is space on the inside of the north-western corner of

the intersection which is not used for vehicle tracking. The radius on these corners

should be reduced to help reduce vehicle turning speeds.

(ii) In respect of Condition 9(b), there is no certainty that tracking can be sufficiently

provided by the current design. If the vehicle tracking required by this condition cannot

be provided at Engineering Plan Approval Stage, design changes may be required

which may require a variation to the subject resource consent.

(iii) It is noted that the Applicant has previously provided written approval from Auckland

Transport for the roading cross sections to allow for a minimum 0.6m back berm, 2.2m

wide parking bay/rain garden and 2.9m wide carriageway.

(iv) This Advice Note should be read in conjunction with the Advice Note outlining general

standards and procedures in Condition 14.

Bus stop upgrades

30. The Applicant must consult with Auckland Transport regarding the upgrade of bus stops 5466

and 5468 at 448 and 478 West Coast Road to include the provision of pedestrian

shelters/canopies, the design of which is to be in accordance with the TDM (Public Transport

Bus Infrastructure). Any upgrade of the bus stops is subject to approval from Auckland

Transport and to the extent that Auckland Transport does not grant permission (or takes more

than thirty (30) working days to make a decision) the Applicant must not be required to

undertake proposed upgrades. In the event that Auckland Transport grants approval to the

proposed upgrades, the works must be undertaken prior to the issue of the s.224(c) certificate.

Stormwater

31. The consent holder must provide a comprehensive Whole of Life Cost Assessment to ensure

that the most cost-effective stormwater management solution has been selected in accordance

with Auckland Council Code of Practice Chapter 1 Section 1.5.5.2.

Retaining Walls

62. No retaining walls shall be constructed within the road reserve.

Should you have any queries in relation to the tracked changes to the draft land use consent conditions,

or the comments in relation to stormwater management, please contact me.

Ngā mihi

Simon Andrew | Senior Development Planner

Development Planning | Planning and Investment 20 Viaduct Harbour Avenue, Auckland 1010

[email protected] | www.at.govt.nz

mailto:[email protected]

http://www.at.govt.nz/

Nola Estate LUC: DRAFT CONDITONS FOR FEEDBACK

CONDITIONS: LAND-USE CONSENT

Under cl.35(3) Schedule 6 of the FTA and ss.108 and 108AA of the RMA, this consent is subject to the following conditions.

Definitions

“Applicant” means CPM 2019 Limited and its successors, as the party which has applied for and has been granted this consent;

“AUP” means the Auckland Unitary Plan (Operative in Part);

“CAR” means Corridor Access Request;

“COAL” means Commonly Owned Access Lot;

“CMP” means Construction Management Plan;

“CNVMP” means Construction Noise and Vibration Management Plan;

“Commencement of Construction” means commencement of any construction works for the project. For the avoidance of doubt, it excludes site investigations, fencing, and any activities that do not need resource consent and/or are permitted activities;

“Commercial Facilities” means the privately-owned buildings located within Lots 1005 and 1007, notated as Business A to Business F on the BDC Architects plan 10-14 Rev B;

“Communal Facilities” means and includes:

(i) the communal storage, waste management for residential purposes and bike storage facilities;

(ii) COALs; (iii) any other land or property within the Site vested in the Incorporated

Society from time to time and including any common facilities within the Site intended or able to be used for amenity or recreation purposes.

“Consent Holder” means the Applicant and its successors in title to land comprising the Site (such successors including, by way of example, the individual owners of residential, commercial and communal lots) from time to time, to whom this consent will apply on an ongoing basis;

“COPTTM” means Code of Practice for Temporary Traffic Management;

“Council” for the purpose of compliance with the conditions of consent refers to the Auckland Council’s monitoring officer unless otherwise specified. Please email [email protected] to identify your allocated officer.

means the Auckland Council;

“CTMP” means Construction Traffic Management Plan;

“ESCMP” means Erosion and Sediment Control Management Plan;

“FTA” means the Covid-19 Recovery (Fast-track Consenting) Act 2020;

Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, Nobullets or numbering

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mailto:[email protected]

Nola Estate LUC: DRAFT CONDITIONS FOR FEEDBACK Page 2

“GD01” means the Council’s Guidance Document 001 ‘Stormwater Management Devices in the Auckland Region’;

“GD05” means the Council’s Guidance Document 005 ‘Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region’;

“Incorporated Society” means the incorporated society described in Condition 13 of Consent SUB-A;

“ITA” means Integrated Transport Assessment

“LMP” means Landscaping Maintenance Plan;

“Monitoring Team Leader” means the Council’s senior monitoring officer for the relevant area; or other person nominated by the Council;

“MMP” means Maintenance Management Plan;

“MUGA” means Multi-Use Games Area;

“RMA” means the Resource Management Act 1991;

“Site” means the land subject to the Integrated Residential Development described in this consent;

“SMP” means Stormwater Management Plan;

“SOMP” means Stormwater Operation and Maintenance Plan;

“TDM” means Traffic Design Manual; and

“WMP” means Waste Management Plan.


GENERAL CONDITION

1. The proposed residential development to construct an Integrated Residential Development incorporating up to 236 residential units, carparking areas, communal storage facility bike storage facilities, waste management facilities, parks and communal open space including a MUGA, a communal orchard and a café, commercial buildings with all associated infrastructure must be carried out in general accordance with the plans and all information submitted with the application, as detailed in Schedule A to these conditions.

In the event of any conflict between the documents listed in Schedule A and the conditions of this consent, the consent conditions will prevail.

GENERAL INTERPRETATION AND APPLICATION OF CONDITIONS

2. To the extent that these conditions require an action to be taken by the Applicant or a successor as Consent Holder, it is generally intended for them to apply on a staged basis, consistent with SUB-A to SUB-E (Stages 1 – 5 respectively). Where the term “relevant” is used, it is expressly intended to relate to work of a specific stage.

3. Where compliance with a Code of Practice is referred to, it includes any dispensation granted pursuant to the Code, but otherwise means that Code of Practice in effect at the date of this consent.

Prior to commencement of Construction

4. Prior to the commencement of construction on the site under this consent, the Applicant must hold an approved resource consent(s) authorising works under Chapter E11 and Chapter E12 of the AUP (and any related Chapters) and any related Rules which align and are consistent with the form and nature of the development authorised pursuant to this consent.

Advice Note:

The Applicant currently holds a resource consent from Auckland Council (ref BUN60368786) which may need to be varied pursuant to s.127 of the RMA to be consistent with the form of development authorised by this consent.

Monitoring

5. The Applicant must pay the Council an initial consent compliance monitoring charge of $1,020.005,000.00 (inclusive of GST), and the Consent Holder must pay any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent.

Commencement date

6. This consent shall must commence in accordance with cl.37(9) of Schedule 6 of the FTA.

Commented [BM1]: Special monitoring fee set in consultation with Council’s Principal Specialist Regulatory Compliance


Lapse date

7. Under cls.37(7) and (8) of Schedule 6 of the FTA, this consent will lapse two years from the date of commencement unless:

(a) The consent is given effect to; or

(b) The Council extends the period after which the consent lapses under s.125 of the RMA.

Review under section 128

8. Under s.128 of the RMA the conditions of this consent may be reviewed by the Council at the Consent Holder’s cost. The reason for this review condition is to deal with any adverse effect on the environment which may arise from the exercise of this consent and which it is appropriate to deal with at a later stage.

9. Without limiting Condition 8 (which is of general application), within six (6) months after completion of the Communal Facilities and of the Commercial Facilities, and subsequently at intervals of not less than two (2) years the consent may be reviewed by the Council in order:

(a) to deal with any adverse effects on the environment which may arise from the exercise of this consent and which it is appropriate to deal with at a later stage.

(b) to vary the performance standards to take account of information, including the results of monitoring and changed environmental knowledge on:

(i) Noise generation from the Commercial Facilities; and

(ii) Amenity, security and safety effects arising from the establishment and use of the Communal Facilities.

Management Plan Certification Process

10. Conditions 11 to 17 apply to all Management Plans required by these conditions.

11. All Management Plans must be submitted to the Council’s Monitoring Team Leader for certification in writing with such certification only to be granted where Council’s Monitoring Team Leaderthe Council is satisfied that the relevant Management Plan accords with the requirements of this consent. Management Plans must be submitted at least twenty (20) working days prior to Commencement of Construction unless otherwise specified in the conditions. The Applicant must ensure that any changes to draft Management Plans are clearly identified.

12. Management Plans may be submitted in parts or in stages to address particular activities or to reflect a staged implementation of the Project, and when provided in part or for a stage must be submitted at least twenty (20)

Commented [BM2]: Typically an annual review is enabled


working days prior to Commencement of Construction of that part or stage unless otherwise specified in the conditions. Management Plans submitted shall must clearly show the linkage with plans for adjacent stages and interrelated activities.

13. Where consultation on a Management Plan is required by a condition of these consents including any change to a Management Plan contemplated by Condition 15 the Applicant must provide the following to the Council’s Monitoring Team LeaderCouncil when submitting the Management Plan for certification:

(a) A summary of consultation during preparation of the Management Plan;

(b) Any feedback on the proposed text of the Management Plan from the party or parties that the condition requires consultation with; and

(c) A response to that feedback indicating the matters that were not incorporated into the text of the Management Plan submitted for certification and the reasons why.

14. Should the Council’s Monitoring Team Leader refuse to certify a Management Plan, or a part or stage of a Management Plan, in accordance with Condition 11 above, the Applicant must submit a revised Management Plan for certification as soon as practicable. If the refusal to certify is in relation to a revised plan, then the existing certified plan will continue to apply until a revised plan has been certified.

15. Any certified Management Plan may be amended if necessary, to reflect any changes in design, construction methods or management of effects. Any amendments are to be discussed with and submitted to the Monitoring Team LeaderCouncil for confirmation in writing prior to implementation of the change, unless the Monitoring Team LeaderCouncil determines in his or her discretion that those amendments once implemented would result in a materially different outcome to that described in the original plan.

16. Any changes to a certified Management Plan involving a materially different outcome under Condition 13 must be submitted to the Monitoring Team LeaderCouncil to certify that they comply with the applicable requirements of these conditions. Any material change must be consistent with the purpose of the relevant Management Plan and the requirements of the relevant conditions of this consent. Where a Management Plan was prepared in consultation with affected parties, any material changes to that Plan must be prepared in consultation with those same parties.

17. All works shall must be carried out in accordance with the certified Management Plans. No works or activities covered by an individual Management Plan shall must commence until written certification of that Management Plan, unless otherwise approved in writing by the Monitoring Team LeaderCouncil..

Commented [AV3]: Have they considered adding in a condition to ensure condition 37 (SVR) of the previous consent is met before giving effect to this consent?


Advice Note:

The relevant Management Plans that are to be governed by Conditions 10-17 are as follows:

“CMP” Construction Management Plan

“CNVMP” Construction Noise and Vibration Management Plan

“CTMP” Construction Traffic Management Plan

“ESCMP” Erosion and Sediment Control Management Plan

“SMP” Stormwater Management Plan

DESIGN

Architectural Design Plans

18. In order to achieve the design outcomes required by this consent:

(a) Prior to the approval of a Building Consent relating to any buildings, a finalised set of architectural drawings must be submitted to the Council for written certification by the Monitoring Team LeaderCouncil (in consultation with Council’s Team Leader Design Review). This condition applies to all residential and non-residential buildings including Communal Facilities that are buildings.

(b) The information to be submitted under Condition 18(a) must include the following:

(i) details of the building’s façade treatment / architectural features including the façade treatment and detailing for the “feature end wall” elevations in general accordance with the details denoted on BDG Architectural Plans (Sheets 20-01 to 20-11) and the Architectural Design Statement dated 19 August 2021; and

(ii) Incorporation of kitchen windows into the street facing or communal open space facing facades of Blocks A, E, H, K, L, N, P, Q & Z (Typologies A, B, D & D1) to provide for passive surveillance. This must be in accordance with the plans submitted to the Auckland Urban Design Panel.

(i)

(ii)(iii) a materials schedule including the palette of materials, colour schemes (including colour swatches); and

(iii)(iv) details of external / rooftop services / plant and visual / acoustic screening elements; and

(iv)(v) acoustic fence location, specifications and design of acoustic fences recommended in the Urban Design Assessment (February 2021) specifically on the shared boundary with the

Commented [BM4]: Is this applicable as only reference is back to the ESCMP already produced for BUN60368786

Commented [MM5]: Proposed condition to reinstate changes made since the AUDP supported design to 90 dwellings fronting either a street or communal space where kitchen windows have been removed


properties at 6/458 West Coast Road and 446A–446D West Coast Road; and

(vi) design of the fit-out of the storage units in the communal storage facility must be in a manner that is most likely to be suitable to serve the residential community, including as to the size and number of units, quality of construction, and appropriate lighting and ventilation.

(vii) Internal and external design of the bicycle storage sheds in accordance with Auckland Transport’s Transport Design Manual – Cycle Infrastructure.

(v)

(c) The finalised set of drawings shall must ensure that the buildings’ proposed architectural treatment and finished appearance is in general accordance with the plans and information referenced at Condition 1, specifically the materials report / sheets in the BDG architectural plans (sheets 20-07 – 20-11).

(d) All works shallmust then be carried out in accordance with the details certified by the Council, to the satisfaction of the Monitoring Team Leader.

(e) The final configuration of the commercial space (excluding the café) may include up to five individual tenancies each with a minimum size of 50m2 and a maximum size of 100m2, provided that the total commercial GFA does not exceed 300m2 (excluding the café).

(f) The finalised set of drawings shall must identify where rooftop stormwater flows are diverted to another dwelling for detention and re-use and an associated engineering calculation confirming that the volume of water to be detained and reused by each dwelling is appropriate for the size of the dwelling.

Lighting and E-bike Charging Design Plans

19. Prior to the approval of a Building Consent relating to any building, the Applicant must provide a Lighting and E-bike Charging Design Plan and Certification/ Specifications prepared by a suitably qualified person to the Monitoring Team LeaderCouncil for written certification, accompanied by a landscape architecture or urban design peer review confirming that:

(a) The lighting design is in accordance with ‘Crime Prevention Through Environmental Design’ principles and will contribute to amenity and safety for residents, visitors and immediately adjoining sites; and

(b) That sufficient e-charge outlets are installed within bike storage facilities to enable charging within each facility.

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Commented [MM6]: I cant recall a detailed design plan being provided for the bike sheds?

Commented [BM7]: This should not sit under architectural conditions as is an engineering condition


The objective of (a) is to ensure that adequate lighting is provided to frequently used areas within the proposed development for the safety of users.

Advice Note:

Adequate lighting is the amount of lighting at eye level for a person with average eyesight so they can identify any potential threat approaching them from at least a 15m distance.

Given the scale of the development and number of communal elements proposed. Council will engage a suitably qualified Lighting Consultant to review the proposed design at the cost of the Applicant.

20. The Lighting and E-bike Charging Design Plan required under Condition 19 must include:

(a) Lighting for all areas of the development including the, but not limited to the shared driveways, recreational and other Communal Facilities, building entrances, building frontages, car and bike parking facilities, communal storage and waste management facilities and footpaths.

(b) Proposed locations, lux levels and design/types of lighting (i.e., manufacturer’s specifications once a lighting style has been determined), support structures required to control timing, level of lighting, and measures to minimise light spill, glare, and loss of night-time viewing.

(c) Demonstration of compliance with the AS/NZS 1158 P requirements and clearly specify what ‘P Category’ the lighting design will achieve. The selection criteria for the chosen lighting category should also be presented (i.e., pedestrian/cycle activity, risk of crime etc.). The following minimums are recommended:

(i) PR2 for driveways and accessways

(ii) PC3 for car parking areas

(iii) PP3 for pedestrian paths

(iv) PA3 for connecting elements, steps, stairways and ramps

(c)

(d) Demonstration of the vertical illuminance by means of lux contours or a similar method to assess light spill on neighbouring properties where relevant.

(e) Demonstration of compliance with the relevant standards in E24.6.1 Lighting of the AUP.

(f) The lighting is to have automatic daylight controls such that the lights are on from dusk to dawn, except that automatic presence detection

Commented [MM8]: These minimum lighting levels are set out in AS/NZS1158 and are minimums recommended for safety of users.


may be included to ensure the lights are only on when presence is detected, maximum off delay of 5 minutes.

(g) Lighting to be supplied from a common supply which cannot be disabled by residents.

(h) The lighting installation is to be maintained in accordance with AS/NZS1158.3.1.

(e)(i) The location and specifications of e-charging outlets.

(f)(j) An executive summary of the above information in plain English that outlines the relevant requirements to their application and their design response to them.

Landscape Design Plans

21. Prior to the approval of a Building Consent relating to any building, the Applicant must provide to the Monitoring Team LeaderCouncil (in consultation Parks Planning Team Leader and Council’s Specialist Landscape Architect) for certification a finalised set of detailed soft and hard landscape design drawings and supporting written documentation prepared by a landscape architect or suitably qualified person. The submitted information must be in general accordance with the consented landscape concept plan(s) Ref 20-028-01 - 13, Revision 04 prepared by Helen Mellsop, dated 30 August 2021, and be in general accordance with the consented architectural plans entitled ‘Selo Development, Glen Eden for resource consent’ illustrations numbered 21-06 to 21-09, 21-11 and 21-13 (Rev B) and 21-10 and 21-12 (Rev A) prepared by BDG Architects. The landscape design drawings, specifications and maintenance requirements maintenance requirements shall must, at a minimum, include the following matters:

(a) The location of all areas to be planted including rain gardens and all planting within future public road berms.

(b) A plant schedule based on the submitted planting plan(s) which details specific plant species, plant sourcing, the number of plants, height and/or grade (litre) / Pb size at time of planting, and estimated height / canopy spread at maturity. The plant schedule must ensure that:

(i) All medium to large evergreen and deciduous trees shall must be able to grow to a height of at least 8m at maturity with a spread of at least 3m.

(ii) All specimen trees within the front yards of all lots and within parking courts shall must be planted at no smaller than grade Pb95.

(iii) Specimen trees within the rear yards shall must be planted at no smaller than grade Pb40.

Commented [MM9]: Sensor lights are not appropriate as rely on individual owners keeping switched on and maintained.


(c) All hedges within the front yards or planting to screen proposed retaining walls, rubbish refuse locations and storage facilities shall must be planted at no smaller than grade Pb12.

(d) Details of draft specification documentation for any specific drainage, soil preparation, tree pits, staking, irrigation and mulching requirements.

(e) Plans denoting the design of retaining walls (up to 3m), fences (up to 1.2m), steps and ramps demonstrating accessibility within the front and rear yards of dwellings and all recreational and community areas and to demonstrate that:

(i) The final location, height, materiality and treatment of all retaining walls, both within private lots and communal parking spaces, shall must be stepped and screened with planting and have a recessive finish.

(ii) Parking courts and rubbish storage areas shall must be well screened from the roads by a layered planting approach with hedges and specimen trees and planted with a width of at least 1.5m.

(iii) All screen planting in front of retaining walls shall must be contained within the boundary of each lot, unless the written approval of Auckland Transport and Auckland Council’s Parks department is provided.

(f) Annotated cross-sections and/or design details with key dimensions to illustrate that adequate widths and depths are provided for planter boxes / garden beds and raingardens.

(h) Annotated hard landscape and street and parks furniture plans including:

(i) the selection of paving and surface treatments/materials and their related specifications;

(ii) proposed signage including that used to indicate the private ownership of those Communal Facilities within the Site intended or able to be used for recreation or amenity purposes, including Lots 503 and 504; and

(iii) the location and plans and specifications of the design/type of all seating, refuse bins, lighting, fences, walls/retaining walls, play equipment and other structural landscape design elements; and which in respect of retaining walls and fences specifically demonstrates that:

a)o Any retaining walls, regardless of their overall height and which are visible from the public realm (existing and proposed roads and communal shared spaces) shall must be constructed from a high-quality material/finish; and

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b)o Where retaining walls greater than 400mm in height are situated on road frontages, fences situated on top of the retaining walls shall must be restricted to 1.1m in height and be at least 50% visually permeable along their entire length; and

c)o Any retaining walls within rear yards not subject to the above shall must be stepped where space allows to have no wall higher than 1m, with planting of at least 500mm in front and / or shall must be stained/painted a dark recessive colour (e.g., black/ brown/grey); and

d)o For any retaining wall up to 800mm high where a fence is situated on top, the wall and fence shall must not exceed a combined height of 1.8m and the fence shall must be visually permeable for 50% of its entire length; and

e)o Where retaining walls are over 1m in height, fences situated on top of the wall shall must be restricted to 1.1m in height, or up to 1.5m in height where it is demonstrated to the satisfaction of the Monitoring Team LeaderCouncil that privacy to adjoining properties would be adversely affected by a lower height being permitted. In that case, the top 500mm shall must be 50% visually permeable along its entire length and planting is to be incorporated to mitigate the effects; and

f)o On the retaining walls north and south of Lot 503 between Blocks W and K to provide safety for cyclists using the adjacent paths fencing is to be visually permeable with a 1.1m railing height; and

g)o On the retaining wall on the northern and eastern sides of the open grassed area of Lot 504 fencing is to be visually permeable with a 1.1m railing height; and

h)o On the street and carpark frontages of the community orchard Lot 1004, fencing is to be visually permeable with a 1.1m railing height; and

i)o Around the MUGA in Lot 504, fencing is to be 2.5-3.0m high black vinyl-coated chain link design with powder coated posts; and

o On the shared boundary with the properties at 458 West Coast Road and 446A–446D West Coast Road, an acoustic fence of not less than 2.0m high shall must be specified. It must have no gaps along its length or at its base, including where it is joined to any other structure. The surface density of the fence must be no less than 10 kg/m2.


A LMP and related drawings and specifications for all aspects of the finalised landscape design covering a minimum five years, including in relation to the following requirements:

(iv)(i) i. Irrigation

(v)(ii) ii. Weed and pest control

(vi)(iii) iii. Plant replacement for any poorly performing, damaged or dead plants including climbers and specimen trees

(vii)(iv) iv. Maintenance methodology and frequency, Inspection timeframes

(viii)(v) v. Contractor responsibilities and ongoing maintenance requirements.

Advice Note:

Advice Note:

The requirement to provide plans denoting landscaping in future public roads (road reserves) is also addressed in the subdivision consent (“SUB-A”) however it is also required to be addressed in the conditions of this consent in order to achieve alignment and provide a comprehensive set of plans covering all landscape elements within the development.

22. Prior to preparing the landscape plans to be certified under Condition 21, the Applicant must seek to meet with Te Kawerau ā Maki for input and suggestions on the following matters and subsequently prepare a draft landscape plan incorporating feedback from Te Kawerau ā Maki as far as is reasonably practicable (and provide the draft landscape plan to Te Kawerau ā Maki for comment at least 15 working days prior to submitting it to the Council):

(a) Pathways and play items (consultation regarding street names is addressed in the subdivision consent SUB-A);

(b) Te Kawerau ā Maki design elements such as kōwhaiwhai and whakataukī;

(c) Labels, and small signs for indigenous rongoā plants and food in the reserves to provide information about their uses; and

(d) Design of the overland flow path area.

(d)

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CONSTRUCTION

Stormwater Management Plan

23. The Applicant must prepare a SMP complying with the requirements in Conditions 10 - 17 and which demonstrates that the development meets the performance requirements in Schedule 4 of the Council Regional Network Discharge Consent.

24. A minimum of 20 days prior to commencement of construction the Applicant must provide a copy of certification/approval from the Healthy Waters Department, being the Consent Holder of the Regional Wide Stormwater Network Discharge Consent, to the Council demonstrating that the proposed SMP has been provisionally adopted into the Region Wide Stormwater Network Discharge Consent.

Advice notes:

The diversion and discharge of stormwater is not authorised under Healthy Waters’ Regionwide Network Discharge Consent (NDC) until a stormwater management plan (SMP) is adopted by Healthy Waters, as the Consent Holder of the Regionwide NDC. The approval of the SMP by the Council does not constitute adoption of the SMP into the Regionwide NDC, nor does it oblige Healthy Waters to adopt an SMP which does not meet the requirements of the Regionwide NDC.

It is recommended that engagement with Healthy Waters regarding the adoption of the SMP into the Regionwide NDC occurs well before the 20 working days as stated above.

23.

Construction Management Plan

25. 24. The Applicant must prepare a CMP which in order to comply with the requirements in Conditions 10-17, must give effect to the objectives in Condition 25 26 and comply with the requirements in Conditions 25 26 to 37.

26. 25. The objectives of the CMP are to ensure that the construction works remain within the limits and standards approved under the consent and set out the management procedures and construction methods to be undertaken in order to avoid, remedy or mitigate potential adverse effects arising from construction activities.

27. 26. The CMP must be consistent with the ESCMP and the CTMP as required by consent BUN60368786 and any variations thereto that are granted by the Council.

28. 27. The CMP must provide details of the responsibilities, reporting frameworks, coordination and management required for effective site

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management. The CMP shall must provide information on the following matters:

(a) Construction quality assurance; and (b) Construction works programming including:

(i) an outline construction programme; and

(ii) confirmation of the proposed staging and sequence of construction; and

(iii) site management; and

(iv) consultation and communications; and

(v) for each stage of construction, details on the erosion and sediment control measures to be used with reference to the measures confirmed for the wider site in the ESCMP in consent BUN60368786 and any variations thereto.

CMP Quality Assurance

29. 28. This part of the CMP requires the establishment of management frameworks, systems and procedures to ensure quality management of all on-site construction activities and compliance with the conditions of this consent. This section must provide details on the following:

(a) Contact details of the contractor’s site supervisor or project manager and the Applicant’s Project Liaison Person (phone, postal address, and email address);

(b) Confirmation of the construction methodology, including for both permanent and temporary structures;

(c) Location of construction site infrastructure including site offices/amenities, contractors’ yard access, equipment unloading and storage areas, and security;

(d) Methods and systems to inform and train all persons working on the site of potential environmental issues and how to avoid remedy or mitigate any potential adverse effects;

(e) Procedures for ensuring that residents, businesses, network utility operators and road users in the immediate vicinity of construction areas are given prior notice of the Commencement of Construction and are informed about the expected duration and effects of the work;

(f) Procedures for responding to, recording and reporting complaints about construction activities, including the provision of contact details for persons responsible for managing complaints;

(g) Means of providing for the health and safety of the general public; (h) Procedures for controlling sediment run-off, dust and the removal of soil,

debris, demolition and construction materials (if any) from public roads or places adjacent to the work site/s;

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(i) Contingency plans in case of unexpected sediment discharges during works;

(j) Proposed temporary or permanent fencing or other structures along the boundary of the construction areas with adjacent sites in order to delineate site boundaries, maintain site security, prevent unauthorised access, ensure the safe and practical operation of adjacent sites, and to avoid intrusion of construction works beyond the construction area;

(k) Measures to address the storage of fuels, lubricants, hazardous and/or dangerous materials, along with contingency procedures to address emergency spill response(s) and clean up;

(l) Procedures for incident management, monitoring and reporting including review and corrective and preventative action;

(m) Site clean-up following completion of works, including removal of construction materials, temporary structures;

(n) Maintenance of plant in a good state of repair so as not to produce excessive fumes or leakage of contaminants when parked or in operation;

(o) Measures to monitor and minimise discharges of dust so that any offensive or objectionable effects are immediately identified and are mitigated; and

(p) Measures to protect and maintain the functioning of existing network utilities and infrastructure that traverses the site.

Construction Works Programme

30. 29. This part of the CMP is to ensure that the Applicant has prepared a construction works programme that will enable construction in a manner that is timely, adequately co-ordinated and minimises the adverse effects of construction activities on the surrounding area. This section must, among other matters, provide details of the programme for the construction works throughout all stages of the development process.

Site Management

31. 30. This part of the CMP is to ensure that procedures are in place to ensure that the site is managed safely and in a tidy condition throughout the entire construction process. This section must provide details on the following:

The provision of any site office, parking for workers’ vehicles and workers’ conveniences (e.g., portaloos);

The location of construction machinery access and storage during the period of site works;

The procedures for controlling sediment run off and the removal of any debris and construction materials from the surrounding environment, and

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The provision of any artificial lighting that may be associated with construction works and the effects of any such lighting.

Implementation

32. 31. Construction activity must not commence until the CMP is certified by the Monitoring Team LeaderCouncil and all measures identified in the CMP as needing to be put in place prior to the start of works are in place.

33. 32. All personnel working on the site must be made aware of the requirements contained in the CMP. A copy of the certified CMP must be held on the project site(s) at all times while any activity associated with construction is occurring. The certified CMP must be implemented and maintained throughout the entire period of the works.

34. 33. The Applicant must notify the Monitoring Team LeaderCouncil in writing of the proposed date of Commencement of Construction at least twenty (20) working days prior to the proposed start date.

35. 34. Within fifteen (15) working days prior to Commencement of Construction, the Applicant must arrange a pre-start meeting that:

Is located on the subject site; and

Is scheduled not less than five (5) working days before the anticipated Commencement of Construction; and

Includes Council representatives and representatives of Auckland Transport, Watercare Services Limited and any relevant network utility operators; and

Includes representation from the contractors who will undertake the works.

Advice Note:

The Applicant is also encouraged to invite representatives of Te Kawerau ā Maki to the above meeting.

36. 35. The pre-start meeting shall must discuss the works methodology generally (including contaminants, water and wastewater services, erosion and sediment control measures, and earthworks methodology) and shall must ensure all relevant parties are aware of and are familiar with the conditions of the resource consents.

37. 36. The following information shall must be made available at the pre-start meeting:

Timeframes for key stages of the works authorised under this consent; and


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Resource consent conditions; and

Any ESCMPs that are available; and

The CTMP and the CNVMP.

38. 37. In the case that any of the invited parties, other than the representative of the Applicant, do not attend this meeting, the Applicant will have been deemed to have complied with this condition, provided ten (10) working days is given to the parties listed above.

39. 38. The Consent Holder must notify the Monitoring Team LeaderCouncil in writing of the date of completion within ten (10) working days of the completion of the last activity relating to works in any CMP.

Construction Noise and Vibration Management Plan

40. 39. A final CNVMP must be prepared by a suitably qualified person in accordance with the requirements in Conditions 10 - 17. The CNVMP must confirm compliance with the relevant AUP permitted activity noise and vibration standards. The CNVMP must identify the Best Practicable Option for the management and mitigation of all construction noise and vibration and include all details specified in Annex E in New Zealand Standard NZS6803:1999 Acoustics – Construction noise and Appendix B of DIN 4150-3:1999 “Structural vibration – Part 3 Effects of vibration on structures”. At a minimum, the CNVMP shall address the measures in Annex E of NZS 6803:1999 "Acoustics - Construction Noise". The certified CNVMP must be implemented throughout the construction phase of the Project. The CNVMP must identify any changes from the draft Construction Noise and Vibration Management Plan dated 1 June 2021 (changes tracked with an explanation for the change) and also include:

(a) The roles and responsibilities of the personnel in the contractor team with regard to managing and monitoring noise and vibration effects;

(b) Specific hours of operations set out in Condition 410;

(c) Construction machinery and equipment to be used and their predicted operating noise levels;

(d) Identification of construction activities that have a reasonable likelihood of creating adverse noise and vibration effects if un-mitigated and the location of these in the construction site areas;

(e) The timing of construction activities that have a reasonable likelihood of creating an adverse noise and vibration effect if un-mitigated;

(f) The proximity of neighbouring noise and vibration sensitive areas;

(g) The process of community liaison and consultation;

(h) Induction and training procedures for construction personnel;



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(i) Methods and measures to mitigate adverse noise and vibration effects including, but not limited to, structural mitigation such as barriers and enclosures, the scheduling of high noise and vibration construction, use of low noise and vibration machinery, temporary relocation of affected receivers or any other measures agreed to by the contractor and the affected receiver;

(j) The proposed methods and frequency for monitoring construction noise and vibration to be undertaken by a suitably qualified person for the duration of construction works, including:

(i) the predicted noise and vibration levels based on the final methodology and construction activities;

(ii) confirm which, if any, buildings are to be subject to a pre and post building condition survey;

(iii) identifying appropriate monitoring locations for receivers of construction noise and vibration;

(iv) procedures to respond to complaints received on construction noise and vibration, including methods to monitor and identify noise and vibration sources;

(v) procedures for monitoring construction noise and vibration and reporting to the Monitoring Team LeaderCouncil;

(vi) procedures for how remedial works will be undertaken should they be required as a result of the building condition surveys; and

(vii) procedures and timing of reviews of the CNVMP.

Building condition surveys

41. If building condition surveys are required under Condition 40(j)(ii) these must be carried out at least 10 working days prior to construction commencing and must be undertaken for all buildings identified.

(a) The pre building condition survey must:

(viii)(i) (i) Be undertaken by the suitably qualified Building Surveyor engaged by the consent holder;

(ix)(ii) (ii) Provide a description of the building;

(iii) (iii) Determine the appropriate structure type classification with respect to DIN 4150-3:1999 “Structural Vibration - Effects of Vibration on Structures” (i.e. historic/sensitive or commercial/industrial);

(iv) Document and photograph the condition of the building, including any cosmetic and/or structural damage;

(v) The Building Surveyor must invite the owner and any occupier, if different to the owner, to identify any concerns they wish to be

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considered in any condition survey, and these must be considered in the preparation of the building condition survey; and

(vi) The results must be provided to the property owner and be available to Council on request.

This condition does not apply where written evidence is provided to the Council that the owner of a property has confirmed they do not require a condition survey.

The consent holder must allow at least 10 working days for a response from the property owners.

42. If building condition surveys are required under Condition 40(j)(ii) then at the completion of construction, a further post building condition survey of the buildings surveyed under Condition 41 must be undertaken.

(a) The post building condition survey must:

(i) (i) Be undertaken by the suitably qualified Building Surveyor engaged by the consent holder;

(ii) (ii) Provide a description of the building;

(iii) (iii) Determine the appropriate structure type classification with respect to DIN 4150-3:1999 “Structural Vibration - Effects of Vibration on Structures” (i.e. historic/sensitive or commercial/industrial);

(iv) (iv) Document and photograph the condition of the building, including any cosmetic and/or structural damage;

(v) (v) The Building Surveyor must invite the owner and any occupier, if different to the owner, to identify any concerns they wish to be considered in any condition survey, and these must be considered in the preparation of the building condition survey; and

(vi) (vi) The results must be provided to the property owner and be available to Council on request.

This condition does not apply where written evidence is provided to the Council that the owner of a property has confirmed they do not require a condition survey.

The consent holder must allow at least 10 working days for a response from the property owners.

43. If the post-construction building condition survey demonstrates that damage has occurred that has been caused by the activities authorised by this consent, the consent holder must offer to, and, if accepted by the property owner, must rectify the damage at the consent holder's cost, as soon as practicable, in consultation with the property owner.




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44. Should any reasonable claim of property damage from construction vibration be received from the property owner(s) being identified as requiring pre and post building condition surveys under Condition 40(j)(ii) during the course of the construction activity, a building condition survey, covering the matters raised in conditions 41(i)-(vi) and/or 42(i)-(vi), of the property must be undertaken within 5 working days of a claim or claims being received by the consent holder.

45. If during any construction the building condition surveys demonstrate that cosmetic or structural damage has occurred to the buildings surveyed that has, in the opinion of the Building Surveyor, been caused by the activities authorised by this consent, the infringing vibration generating works must cease until such time as alternative construction methods have been agreed in writing with the Council (in consultation with the Building Surveyor).

46. Within 5 working days following the identification of cosmetic or structural damage the Building Surveyor must advise in writing any necessary remedial measures to reinstate the affected building to its previously surveyed appearance and structural integrity. The results must be provided to the consent holder, property owner and the Council as soon as practicable. The consent holder must then offer to, and, if accepted by the property owner must, at the consent holder's cost, rectify the damage as soon as practicable in accordance with the remedial measures set out in the building survey, in consultation with the property owner.

Responses from a third party and/or access to third party property

47. Where any building condition survey required by this consent, specifically Conditions 41 and 42, requires responses from a third party and/or access to property/ies owned by a third party, and responses are not received within 10 working days and / or access is declined or subject to what the consent holder considers to be unreasonable terms, the consent holder must provide a report to the Council prepared by a suitable qualified and experienced professional identifying an alternative building condition survey method. The report must describe how the alternative building condition survey method will provide sufficient early detection of deformation to enable measures to be implemented to prevent damage to buildings. Written certification from the Council must be obtained before an alternative building condition survey method is implemented.

Advice Note:

(x) It is anticipated the consent holder will need to seek the permission of a third party to access the property and to enable the building conditions surveys. It is understood that if responses are not received and/or access is denied the alternative building condition survey method will likely be taken from the boundary of the third party property and will likely be more limited in extent.





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Noise during construction

48. 40. All noisy activities associated with the implementation of this resource consent on, or in the vicinity of, the subject site (which can include, but is not limited to, any demolition, earthworks and construction activities, and ancillary activities (such as deliveries, loading and unloading goods, transferring tools, etc) (quieter activities and internal works may be undertaken outside of these hours) are limited as follows:

(a) Such activities may only be carried out between the hours of:

(i) 7:00am and 6:00pm, Monday to Friday; and

(ii) 9.30am and 1.00pm Saturday; and

(b) must not be carried out on any Sunday or public holiday (and any following Monday on which that public holiday is observed).

49. 41. Noise from construction activities must be measured and assessed in accordance with NZS 6803:1999 and comply with the limits in Table E25.6.27.1 of the AUP when measured 1m from the facade of any building that contains an activity sensitive to noise and that is occupied during the works.

50. 42. The CNVMP approved in accordance with Condition 39 40 must be implemented throughout the duration of the construction activity.

Vibration during construction

51. 43. Vibration from construction activities must comply with:

(a) the limits set out in German Industrial Standard DIN 4150-3 (1999): Structural vibration - Part 3 Effects of vibration on structures when measured in accordance with that Standard on any structure not on the same site; and

(b) the limits in the Table below in buildings in any axis when measured in the corner of the floor of the storey of interest for multi-storey buildings, or within 500mm of ground level at the foundation of a single storey building:

Receiver Period Peak Particle Velocity Limit

Occupied activity sensitive to noise

Night time 10pm to 7am

0.3 mm/s

Daytime 7am to 10pm

2mm/s

Other occupied buildings At all times 2mm/s



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Construction Traffic Management Plan

52. 44. Prior to the Commencement of Construction the Applicant must prepare a CTMP in accordance with Conditions 10 -17.

53. 45. The CTMP must additionally be prepared in accordance with the Council’s requirements for construction traffic management plans (as applicable) and the New Zealand Transport Authority’s COPTTM and must address the surrounding environment including public transport, pedestrian and bicycle traffic and the control of the movement of construction vehicles to and from the site. The CTMP must include the following information:

(a) Control procedures for trucks unloading and loading, particularly the hours of operation and when restrictions on hours of delivery may be necessary to maintain access, network function or safety;

(b) The likely types of trucks and vehicles (i.e., that will be used to deliver machinery/materials to the site, to remove soil etc);

(c) The number of vehicle movements to and from the site per day, the frequency of the movements and how long vehicles will be on site;

(d) The routes that trucks and heavy vehicles will take, including access and egress points to the site;

(e) Methods to avoid unnecessary truck waiting and queueing within any road(s);

(f) Wheel cleaning (soil removal) prior to egressing the site;

(g) Identification of parking for worker/contractor/subcontractor and any other visitor vehicles to maintain the availability of public on-street parking as far as practical;

(h) Pedestrian/cyclist movements andMeasures to control pedestrian/cyclist movements and ensure pedestrian/cyclist control/ safety;

(i) Equipment to be used for traffic control and details of where traffic controls will be implemented;

(h) Pedestrian/cyclist movements and pedestrian control/safety;

(i) Equipment to be used for traffic control;

(j) Details of all signage (to comply with COPTTM);

(k) On-street parking controls and liaison with Auckland Transport, with availability of public parking being maintained as far as practicable without affecting the construction activity;

(l) Impact on street lighting;

(m) Liaison with emergency services; and

(n) How to keep paths and roadway clean and uncluttered. (o) Any need for temporary road closures and/or other restrictions on the

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Commented [SA(11]: I feel as though a bit more detail is required here to specify what exactly is required in relation to pedestrian/cyclist movements.

Commented [SA(12]: It is important to specify where traffic controls will be required.

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surrounding road network for the transportation of plant, machinery and materials or for other reasons relating to construction activities.

(p) Detail what consultation and notice will be provided to adjacent businesses and residents with regard to construction traffic management.

(q) Measures to ensure satisfactory vehicle and pedestrian access is maintained to adjacent properties at all times. (n)

Site-Specific CTMP Requirements – Traffic Movements

54. 46. Truck and trailer units and heavy construction vehicle movements to and from the site associated with the construction activity must be restricted to the following hours and frequency rate:

Site-Specific CTMP Requirements – Vehicle Crossings

55. 47. The temporary vehicle crossing on West Coast Road must be designed and formed to TDM Technical Standards allowing for a minimum clearance of 1.0m at any point to any structure such as a power pole, street catchpit, a service lid or a manhole. This must be undertaken prior to any construction activity occurring and at the Applicant’s expense and to the satisfaction of the Monitoring Team LeaderCouncil.

56. 48. The Applicant must provide a truck tracking assessment for approval by Council demonstrating that the proposed width will be sufficient to accommodate the movement of truck and trailer units without affecting the refuge islands near the truck exit vehicle crossing on West Coast Road.

Day Hours Frequency rate

Monday to Friday

7:00am – 8:00am A maximum of 6 truck and trailer units are permitted to enter and exit the site

Monday to Friday

9:30am – 4.00pm None required

Saturday 9.30am – 1:00pm None required

Sunday and public holidays

There must be no truck or heavy vehicle movements associated with the construction activity on Sundays or public holidays (and any following Monday on which that public holiday is observed.

None required

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57. 49. Right turns out of the Site must be prohibited at the car access on West Coast Road (east of the roundabout). The Applicant is required to install signs and road marking within the Site to that effect.

58. 50. At the completion of the consented work all three vehicle crossings to the site must be removed and berm areas reinstated to acceptable standards at the Applicant’s cost.

Advice Note:

All applications for temporary use of the road reserve during construction must be submitted to Auckland Transport as a Corridor Access Request (CAR). Applications are to be submitted electronically via https://www.submitica.co.nz/Applications and 15 working days should be allowed for approval.

Road pavement impact survey

51. Prior to the commencement of construction, a walkover survey or video survey of the road 50m either side of the construction site entrance/exit (i.e., the Glengarry Road entrance and the West Coast Road exit) where trucks with earth /construction traffic is entering and leaving the site in accordance with the CTMP (required by Condition 4452) must be undertaken by the Applicant and submitted to the Monitoring Team LeaderCouncil identifying any existing defects of the roadway pavement. Details of these existing defects shall must be submitted to the Monitoring Team LeaderCouncil including a description of the defect (including photographs) and identification of their location.

59. 52. If, taking into account the survey of the road required by Condition 51 the Monitoring Team LeaderCouncil determines the road surface 50m either side of the construction site entrance has been damaged by the earthworks /construction activity, the relevant Network Service Provider or a Council approved contractor (being a contractor that the Monitoring Team Leader Council has approved in advance and in writing) must repair the road surface to the Council’s satisfaction. Such repair shall must be at the expense of the Applicant.

60. 53. Unless specifically provided for by this consent there must be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks and construction activity. In the event that such damage does occur, the Monitoring Team LeaderCouncil must be notified within 24 hours of its discovery. The cost of rectifying such damage and restoring the asset to its original condition shall must be met by the Applicant.

Geotechnical

61. 54. The construction of building foundations, retaining structures and all associated earthworks must be supervised by a suitably qualified person. In supervising the works, the suitably qualified person shall must ensure that they


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Commented [BM14]: Is this applicable as retaining and earthworks proposed under related BUN and not this consent

https://www.submitica.co.nz/Applications


are constructed and otherwise completed in accordance with NZS 4431:1989 (Code of Practice for Earthfill for Residential Development) and Section 2 (Earthworks and Geotechnical Requirements Version 1.6) of the Auckland Council Code of Practice for Land Development and Subdivision and the following reports:

(a) Geotechnical Investigation Report dated 21 August 2020 prepared by ENGEO Limited; and

(b) Addendum Geotechnical Investigation report dated 5 February 2021 ref: 17569.000.000-05 prepared by ENGEO Limited.

62. Within one (1) month on completion of construction of building foundations, a Certificate, signed by the suitable qualified engineering professional who supervised the works, must be provided to the Council. The certificate must determine if the works have been carried out in accordance with Condition 54 and that the site has been left in a condition suitable for its intended use. The written evidence must be in the form of a receipt, producer statement or similar.

(b)

Services

63. 55. Roading, water supply, wastewater, stormwater, power and telecommunication services must be provided in accordance with the plans referred to in Condition 1.

Advice Note:

The specific conditions relating to the design and implementation of these networks are primarily set out in SUB-A and SUB-E, however operational conditions relating to effects from land use are contained in this consent.

Construction works – accidental discovery protocol

64. 56. If, at any time during construction works, sensitive materials (kōiwi/human remains, an archaeology site, a Māori cultural artefact, a protected New Zealand object, contamination or a lava cave greater than 1m in diameter) are discovered, then the protocol set out in standards E11.6.1 and E12.6.1 of the AUP must be followed. In summary these are:

(a) All works must cease in the immediate vicinity (at least 20m from the site of the discovery) and the area of the discovery must be secured including a buffer to ensure all sensitive material remains undisturbed.

(b) The Applicant must immediately advise the Council, Heritage New Zealand Pouhere Taonga and the Police (if human remains are found) and arrange a site inspection with these parties.

(c) If the discovery contains kōiwi, archaeology or artefacts of Māori origin, representatives from Te Kawerau ā Maki and other groups with mana


Commented [BM15]: See comment above in relation to retaining walls and earthworks – add if needed





whenua interests in the area are to be provided information on the nature and location of the discovery.

(d) The Applicant must not recommence construction works until the steps set out in the above-mentioned standards have been followed and re-commencement of works approved by the Council.

Surveyor certification

65. 57. No building construction works for Units O07, P08 and T16 as denoted on Architectural Plan 40-01, Rev D, may proceed beyond the foundation stage until a registered surveyor or licensed cadastral surveyor, engaged by the Applicant, has provided written certification to the Monitoring Team LeaderCouncil that the works have been completed in accordance with the approved plans as referred to in Condition 1 and detailed in Schedule A of this consent.

Advice Notes:

The suitably qualified person providing the written certification should ensure that the finished floor level is clearly marked on the subject site before the foundations are put in place.

The purposes of certification at the foundation stage of construction are to:

• provide assurance that the building works, to that point, have been undertaken in accordance with the consent; and

• reduce the risk of non-compliance as the works continue. Written certification should include the following: • the finished ground level is clearly marked on the subject site; • the relevant consent reference number and site address; and • levels, calculations, plans and drawings of the structure(s) that are the

subject of certification.

Written certification is to be provided directly to the officer specified in this condition.

66. No building works for Units O07, P08 and T16 as denoted on Architectural Plan 40-01, Rev D, may proceed beyond the roof framing stage until a registered surveyor or licensed cadastral surveyor, engaged by the Applicant, has provided written certification to the Council that the works have been completed in accordance with the approved plans as referred to in Condition 1 and detailed in Schedule A of this consent.

Advice Notes:

The purposes of certification at the roof framing stage of construction are to:

• · provide assurance that the building works, to that point, have been undertaken in accordance with the consent



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• · reduce the risk of non-compliance as the works are completed.

Written certification should include the following:

• · the finished ground level is clearly marked on the subject site • · the relevant consent reference number and site address • · levels, calculations, plans and drawings of the structure(s) that are the

subject of certification • · the quantification of the extent of any breach, infringement or non-

compliance identified at the time of survey, where this has occurred.

Written certification is to be provided directly to the officer specified in this condition.

PRIOR TO OCCUPATION

67. 58. Occupation of the dwellings on the residential lots must not occur unless the Incorporated Society required by SUB-A has been established pursuant to the Incorporated Societies Act 1908.

Advice Note:

The purpose of this condition and of Condition 59 is to ensure that the Incorporated Society which owns and operates common lots and infrastructure as well as consent notices relating to the whole development is established before any occupation of the dwellings or commercial buildings.

Land use covenants

68. 59. Prior to occupation of the relevant dwellings or use of commercial buildings, the Applicant must enter into a s.108 RMA covenant in favour of the Council regarding the on-going obligations contained in Condition 6069. The Applicant must contact the Council to initiate the preparation of the covenant. A copy of the updated Record of Title showing that the covenant has been registered must be provided to the Council prior to occupation or use.

69. 60. Unless the Council's Monitoring Team Leader confirms in writing that the following matters have been satisfactorily addressed through conditions governing Consent Notices in SUB-A - SUB-E, the covenant must:

(a) address the requirements of Condition 18 (Common Facilities fitout);

(b) address the requirements of Conditions 6170-763 (lighting and landscaping);

(c) address the requirements of Conditions 64 74 -73 83 (stormwater);

(d) address the requirements of Conditions 874- 876 (waste management);

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(e) be drafted by the Council’s nominated solicitor at the Applicant’s cost; and

(f) be registered against the Records of Title to the affected land by the Applicant at their cost; and

(g) require the Consent Holder to:

(i) be responsible for all legal fees, disbursements and other expenses incurred by the Council in connection with the covenant, and procure its solicitor to give an undertaking to the Council for payment of the same; and

(ii) indemnify the Council for costs, fees, disbursements and other expenses incurred by the Council as a direct or indirect result of the Council being a party to this covenant.

Advice Note:

The purpose of this condition is to ensure that ongoing conditions are registered against the land and bind successors in title, but do not duplicate matters otherwise addressed by way of consent notices.

POST CONSTRUCTION WORKS

Landscape Plans - Implementation

70. 61. The Applicant must implement the relevant landscape design (all hard and soft landscaping as detailed on the approved Landscape and Pavement Plans / Site & Landscape Management Plans) which has been approved by the Monitoring Team LeaderCouncil under Condition 21 within the first planting season (May – September) immediately following completion of construction works and prior to the occupation of any dwelling within a stage to which the landscape design relates and maintain the planting for a period of not less than two five (25) years.

71. Prior to the issue of a building consent for a residential dwelling the maintenance the LMP required under Condition 21 must be prepared by a suitably-qualified person contracted for preparation of the LMP by and at the cost of the Applicant, to the satisfaction of the Council.

72. 62. Prior to the issue of a building consent for a residential building, a

suitable LMP in accordance with Condition’s 20 and 21 for the Communal Facilities and associated areas, including, but not limited to, the hard and soft landscaping, lighting within COALs proposed open space, play spaces, MUGA, communal parking areas, furniture, BBQ area, bike racks, signage and rubbish bins, must be prepared by a suitably-qualified person contracted for preparation of the LMP by and at the cost of the Applicant, to the satisfaction of the Monitoring Team LeaderCouncil. The LMP must detail provisions for the

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ongoing upkeep and management of these spaces including the cyclical maintenance regime required to ensure the quality of the spaces are retained for the lifetime of the development, including matters such as, graffiti removal, replacement of damaged / stolen elements. The LMP must also include details of landscape maintenance in accordance with the requirements set out under Condition 21 and ongoing maintenance for the life of the development to be included as part of the responsibilities of the Incorporated Society.

over a minimum five (5) year period including:

(a) Irrigation design and maintenance; and

(b) Weed and pest control programmes; and

(c) Plant replacement for any poorly performing, damaged or dead plants; and

(d) Maintenance methodology and frequency and any contractor responsibilities and warranties.

73. 63. In accordance with the LMP, the Consent Holder (which in respect of Communal Facilities, will be the Incorporated Society upon those Communal Facilities being transferred to the Incorporated Society) must thereafter retain and maintain:

(a) Landscaping of the Community Communal Facilities (including planting, pavement and street furniture and signage) in perpetuity in accordance with the maintenance plan which has been approved under Condition 21, or any amendment to that plan approved in writing by the Monitoring Team LeaderCouncil.

(b) Lighting within the common areas in perpetuity in accordance with the plan which has been approved under Condition 21, or any amendment to that plan approved in writing by the Monitoring Team LeaderCouncil.

Stormwater Operation and Maintenance Plan – Stormwater Management System

74. 64. The Applicant must submit a SOMP to the Council's Monitoring Team Leader, for review and (if approved) certification 20 days prior to the prestart meeting required by this consent. The SOMP must set out the details of the location and nature of the stormwater management system, and how the stormwater management system is to be operated and maintained on an ongoing basis to ensure that adverse environmental effects are minimised. In particular, the SOMP must include:

(a) details of who will hold responsibility for long-term maintenance of the stormwater management system and the legally effective organisational structure with responsibility for such maintenance, repair, and remediation on an ongoing basis;


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Commented [BM16]: Consider placement of these conditions as requiring info prior to pre-start meeting but placed under post-construction works



(b) a programme for regular maintenance and inspection of the stormwater management system;

(c) a programme for the collection and disposal of debris and sediment collected by the stormwater management devices or practices;

(d) a programme for post storm inspection and maintenance;

(e) a programme for inspection and maintenance of the outfall;

(f) details of how these programmes and maintenance will be funded and implemented on an ongoing basis;

(g) details of how any failure to comply with these maintenance and other obligations by the legal entity, and how any failure of the stormwater management system, will be addressed;

(h) to the extent the stormwater management system will be within COALs or other areas owned by the Incorporated Society referred to in Condition 1 of SUB-A – SUB-E, details of legal arrangements with the Incorporated Society for access for maintenance;

(i) general inspection checklists for all aspects of the stormwater management system, including visual checks of the area downstream of the overland flowpath discharge points; and

(j) details of the proposed obligations in relation to receiving, detaining and re-using stormwater from other dwellings in accordance with the plan and calculations prepared pursuant to Condition 18(g), and the legal arrangements that will support these obligations.

Advice Note:

The specific legal structure for the stormwater management system is not yet known. In the absence of a suitable legal structure being approved by the Council as provided for in Condition 64, it is anticipated that the Incorporated Society described in Condition 13 of SUB-A will own, manage, and maintain the stormwater management system on an ongoing basis.

Amendments to the Stormwater Operation and Maintenance Plan

75. 65. Any amendments or alterations to the SOMP must be submitted to, and certified by, the Monitoring Team LeaderCouncil, in writing prior to implementation. The SOMP shallmust be updated and submitted to the Monitoring Team LeaderCouncil for certified, upon request.



Maintenance contract

76. 66. A written maintenance contract for the on-going maintenance of the device(s) specified in the SOMP must be entered into with an appropriate stormwater management system operator, prior to the operation of the proprietary stormwater management device(s). This written maintenance contract must be in place and maintained for the duration of the system (including by having renewals or replacement contracts where necessary). A copy of any proposed maintenance contract is to be provided to the Monitoring Team LeaderCouncil at least ten (10) days prior to signing (in order for the Monitoring Team LeaderCouncil to have the opportunity to raise any concerns with the contract). A signed copy of the contract required must be forwarded to the Monitoring Team LeaderCouncil, twenty (20) days prior to the pre-construction meeting required by this consent.

Overland flow paths to be provided

77. 67. The SOMP must include measures to provide for and manage stormwater flows in excess of the capacity of the primary drainage systems via overland flow paths. These must be maintained to allow surplus stormwater from critical storms (up to the 100-year ARI event) to discharge with the minimum of nuisance and damage. Overland flow paths must be kept free of all obstructions.

78. 68. The SOMP must include measures to manage an overland flow path from the existing low point on Glengarry Road, through the development to discharge at the existing low point on the boundary of 458 West Coast Road and / or to West Coast Road.

Build Overs

69.79. Public pipelines must not be built over other than where prior written permission is given by the relevant asset owner (i.e., Auckland Council / Watercare / Healthy Waters as appropriate).

Advice Note:

This condition relates to Units (on proposed Lots 81, 134 and 252251) depicted on the plans referenced at Condition 1.

Maintenance report - stormwater management system

80. 70. Details of all inspections and maintenance for the stormwater management system, for the preceding three years, must be retained. A maintenance report must be provided to the Monitoring Team LeaderCouncil on request.

Contents of maintenance report

71.81. The maintenance report must include the following information:


Commented [AV17]: Quite rigorous to require this prior to the pre-construction meeting


Commented [EF18]: The part is unclear who/which team/department should be contacted under which stage to provide engineering review for the overland flow path for conveying flood flow for 100yr ARI rainfall event.



Commented [BM19]: Hillary Johnston, Healthy Waters: Very minor thing but the advice note in LUC for build-overs should be #251 instead of 252 LUC Condition 69 requires that there are no build-overs of piped networks. We support the inclusion of this condition, but the most recent version of the Infrastructure Report that we have reviewed proposes build-overs in some areas.




(a) details of who is responsible for maintenance of the stormwater management system and the organisational structure supporting this process;

(b) details of any maintenance undertaken; and

(c) details of any inspections completed.

Modifications approval

72.82. In the event that any modifications to the stormwater management system are required, the following information must be provided:

(a) plans and drawings outlining the details of the modifications; and

(b) supporting information that details how the proposal does not affect the capacity or performance of the stormwater management system; and

(c) supporting documentation that confirms that the maintenance contract has been amended to deal with those modifications.

73.83. All information must be submitted to, and certified by the Monitoring Team LeaderCouncil, prior to implementation.

Waste Management Plan

74.84. Prior to the approval of a Building Consent for the construction of any residential or commercial building, within a particular stage (identified in SUB-A to SUB-E), the Applicant must submit a finalised WMP for written certification by the Monitoring Team LeaderCouncil (in consultation with Council’s WasteWise Advisor). The purpose of the WMP is to outline the methodology for refuse and recycling storage and disposal from the development, including proposed days and frequency of collection, ensure that the servicing requirements of the overall site are adequately provided for without causing odour or visual nuisance internally or to the public.

75.85. The WMP must then be implemented:

(a) in relation to residential buildings and improvements, and Communal Facilities, by the Incorporated Society; and

(b) in relation to commercial buildings and improvements, by the owners of those buildings and improvements;

at all times to the satisfaction of the Monitoring Team LeaderCouncil with any amendments to that plan to be certified in writing by the Monitoring Team LeaderCouncil.

76.86. Each designated communal waste enclosure must be provided with a wash-down tap and a convenient drainage point by the Applicant.






Solar power canopies and electric vehicle charging

77.87. At least 30 working days prior to installing electric vehicle chargers and solar power canopies, the Applicant must submit to the Monitoring Team LeaderCouncil design plans showing the location of charging facilities and provide documentation to confirm that such structures if positioned within the COAL will not block vehicle access, sightlines, manoeuvring or impede pedestrian access.

Advice Note:

This condition manages the provision of electric vehicle charging stations. Condition 19 encompasses the provision of electric power outlets for the charging of E-bikes within bike storage facilities.

NON-RESIDENTIAL COMPONENTS (CAFÉ/COMMERCIAL LANDUSES)

Landscaping and Lighting

78.88. The landscaping and lighting details specified under the relevant plans required under Conditions 19 - 22 must be established prior to the operation of the Commercial Facilities to the satisfaction of the Monitoring Team LeaderCouncil or any amendment to those designs being certified in writing by the Monitoring Team LeaderCouncil.

79.89. The Consent Holder must maintain the buildings, lighting and landscaping (hard and soft) in a good condition and in a manner consistent with the approved designs and approved maintenance plans. Any trees which are dead or dying, or any hard landscaping and buildings, lights or windows which are broken, must be replaced promptly.

Advice Note:

For the avoidance of doubt, the lighting and landscaping pertaining to non-residential activities is to be designed in accordance with Condition 78.

Operational Noise

80.90. All commercial activities authorised by this resource consent (other than construction activities and the café) must comply with the following noise limits within any site zoned for residential purposes (other than a site on which the commercial activity is located) as measured and assessed in accordance with NZS6801:2008 Acoustics – Measurement of Environmental Sound and NZS6802:2008 Acoustics – Environmental Noise:

(a) Monday to Saturday 7am to 10pm: 50dB LAeq(15 min).

(b) Sunday 9am to 6pm: 50dB LAeq(15 min).

(c) All other times: 40dB LAeq(15 min), 75dB LAF max.

Café Noise and landuse Limitations


Commented [BM20]: Should combine with Condition 20


Commented [BM21]: Landscape elements seem a double up of Conditions 72/73



81.91. The café activity authorised by this resource consent must comply with the following noise limits within any site zoned for residential purposes (other than the café site itself) as measured and assessed in accordance with NZS6801:2008 Acoustics – Measurement of Environmental Sound and NZS6802:2008 Acoustics – Environmental Noise:

(a) Monday to Saturday: 7am to 10pm 50dB LAeq(15 min).

(b) Sunday 7am to 9am: 40dB LAeq(15 min).

(c) Sunday 9am to 6pm: 50dB LAeq(15 min).

(d) All other times: 40dB LAeq(15 min), 75dB LAF max.

92. 82. Prior to applying for a building consent for the café, the Consent Holder must submit an acoustic design and management plan for certification by the Monitoring Team LeaderCouncil, prepared by a suitably qualified person, identifying the necessary design and management controls to achieve compliance AUP noise levels. The management controls must include:

(a) Prior to establishing any rooftop mechanical plant and/or equipment, confirmation that the noise generated by the plant will comply with the noise limits in Condition 981;

(b) The café must not have opening windows on the eastern side;

(c) Restrictions on the opening of doors to the east and doors/windows to the south (particularly early in morning and in the evening);

(d) Design of kitchen and internal areas to have sufficient ventilation with any doors or windows facing east and south being closed;

(e) The inclusion of acoustically absorptive panels or furniture in the café design to ensure that the reverberation time does not exceed 1 second when there are no people in the café;

(e) The construction of a fence not less than 2m high along the eastern boundary of the café site;

(f) No use of the outdoor seating or play area shall must occur after 6pm;

(g) No use of the outdoor seating or play area shall must occur before 9am on Sundays;

(h) Music may be played inside the café only;

(i) No amplified music shall must be played inside the café before 10am or after 6pm;

(j) No outdoor speakers are to be installed or used at any time;

(k) The bin area shall must be screened from view;

(l) Restrictions on access to the waste area (between 7am – 10pm Monday to Saturday, and 9am - 6pm on Sundays);

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Commented [BM22]: From who


(m) Restrictions on the collection of waste from the café (between 7am – 10pm Monday to Saturday, and 9am - 6pm on Sundays); and

(n) Outdoor play spaces are not to have climbing structures greater than 1m in height.

83.93. The Consent Holder must design, construct and operate the café in accordance with the acoustic design and management plan and provide a report from a suitably qualified person to the Monitoring Team LeaderCouncil confirming that the café has been designed and constructed in accordance with the acoustic design and management plan prior to opening to the public.

84.94. The café is restricted to the following opening hours, as follows:

(a) Monday to Saturday: 7am to 10pm.

(b) Sunday: 7am to 9am, patrons inside only and northerly outdoor area to be closed off.

(c) Sunday: 9am to 6pm.

(d) After-hours access to the Café by staff or contractors (i.e., for cleaning or food preparation) may occur, provided that:

(i) doors and windows are closed.

(ii) staff and contractors are aware of the requirement to minimise noise emissions at all times.

(iii) the Café shallmust not open to the public or for private functions after hours.

85.95. Within sixty (60) working days of the opening of the cafe, and upon a written request being received from the Monitoring Team LeadeCouncilr, a suitably qualified person engaged by the Consent Holder must provide to the Council, a report that:

(a) measures and assesses noise emitted from the trading activity of the cafe;

(b) undertakes measurements at the following times:

(i) Sunday 7am to 9am; and

(ii) Saturday 10am to midday;

(c) determines the extent of any compliance or breach of the noise limits specified in Condition 50;

(d) recommends specific actions, in the event of a breach, that will ensure compliance with the noise limits specified in Condition 50. In the event of a breach, all specific actions outlined in the report provided by the suitably qualified person in accordance with Condition 49 shall must be implemented, to the satisfaction of the Council, within twenty (20) working days from the provision of that report. In the event that the




specific actions referred to above are not implemented within the period specified in this condition, the activity directly associated with the source of the noise shall must cease until such time that the specific actions are implemented.

Advice Note:

Noise levels are measured in accordance with the provisions of NZS 6801:2008 Acoustics – Measurement of environmental sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental noise.

Provision of Carparking

96. 86. Prior to opening to the public, all relevant parking and loading spaces allocated to commercial buildings must be paved, formed and marked out in accordance with the Traffic Planning Consultants Ltd drawing 20278 - VTF - (1), and signage setting out parking time restrictions for publicly accessible carparks must be installed.

Servicing and waste

87.97. Prior to the first commercial unit commencing trading, the Consent Holder must submit a Servicing Management Plan to the Monitoring Team LeaderCouncil for certification, which details how deliveries and service yards will be managed to minimise any potential conflict with customer access and vehicle traffic.

87.98. Any external storage of waste from commercial buildings must occur in the relevant service area which is to be screened from view and gated.

Odour

87.99. All commercial activities must be operated in a manner that does not discharge an objectionable odour to any residential properties.

Signage

87.100. Prior to applying for building consent for the commercial buildings or any change in signage, the Consent Holder must submit to the Monitoring Team LeaderCouncil a signage report, prepared by a suitably qualified person, confirming that the proposed signs comply with the following standards:

(a) Each sign shall must be located on the front façade and one side of the associated building if necessary.

(b) Signs shall must not occupy more than 50% of the longest façade length, with the same dimensions or less for any additional side wall sign.

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Commented [BM23]: There should be similar requirements for residential areas, all parking, vehicle accessways Parking and Access 43.Prior to the occupation of residential units, all access and maneuvring areas must be formed, sealed with an approved pavement, marked out, sign posted and drained in accordance with the approved plans listed under condition 1 above, to the satisfaction of the Council. Advice Note: Parking areas should be marked out in accordance with the approved site plan to ensure appropriate parking supply, access, signage, directions and vehicle manoeuvring. This includes the allocation of specific parking spaces to each unit/dwelling where relevant. 44.Prior to the occupation of residential units confirmation must be provided to Council that the bicycle parking spaces have been provided.





(c) Signs shall must have a maximum height of 800mm.

(d) The colour palette for the signs shall must be visible and attractive but not consist of overly bright colours which may unreasonably distract the public including those driving vehicles on the road, or which are unattractive in appearance.

(e) Lighting of signs shall must not consist of neon-type lighting (i.e., shall must not emit light in their own right), and shall must be directed toward the signs only and not toward roads or other public spaces, or toward private properties in the vicinity. All such lighting must comply with the relevant standards of the AUP.

Traffic Modelling

101. The applicant must provide a more thorough ITA to ensure that effects on the safe and efficient operation of the adjacent transport network are sufficiently anticipated and addressed. The following must be provided:

a) Existing traffic volumes are based on surveys taken in August and September 2020 (refer ITA Section 2.2.3). There was a 2 week period of level 3 lockdown in August which would impact traffic volumes. The ITA acknowledges this and takes steps to account for it but there is no standard method to adjust for this type of event. A new survey must be taken now to confirm the earlier survey results.

b) It is normal to record observed lengths during traffic surveys. When a traffic model for the existing situation is prepared, the queue lengths the model estimates are compared against the survey observations to calibrate the model. Information on the observed queue lengths must be provided. This must include a table comparing them against what the SIDRA model is predicting.

c) ITA Section 3.11 uses the NSW RTA guide for trip generation rates with a value of 0.65 vph for medium density residential. This is a commonly used guide, however, there are other sources which are also used and there is range of values which could be considered reasonable for this development type. 0.65 vph is within the typical range and seems reasonable but some sensitivity testing using a higher trip generation rate must be provided. This will help to confirm that if it is higher than expected, it will not cause a significant capacity issue on the network. Trip generation rates may be higher than expected due to the relatively infrequent bus routes in the area.

d) The ITA makes assumptions regarding which directions vehicles coming to and from the development have come from/to. A sensitivity check must be undertaken in this regard to confirm that any effects to the safe and

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Commented [BM24]: Add to definitions section

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efficient operation of the adjacent transport network have been sufficiently anticipated and are acceptable.

Bike Storage

102. Prior to construction of any bicycle parking area/s, confirmation must be provided to Council that the layout, quantity, design and security of bicycle parking facilities located either in public or private areas, meet the minimum requirements of the Transport Design Manual Technical Standard.

Advice note:

Consideration should be given to providing changing and shower facilities to support employees who choose to cycle-commute and use bicycle parking areas.

Advice notes 1. Any reference to number of days within this decision refers to working

days as defined in s2 of the RMA.

2. The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety at Work Act 2015), regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004.

(e)


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Commented [BM25]: Move to appropriate section

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SUB-A Nola Estate DRAFT CONDITIONS FOR FEEDBACK

CONDITIONS: SUBDIVISION CONSENT SUB-A (STAGE 1)

Under cl.35(3) Schedule 6 of the FTA and ss.108, 108AA and 220 of the RMA, this consent is subject to the following conditions:

Definitions “Applicant” means CPM 2019 Limited and its successors, as the party which has applied for and has been granted this consent;


“COAL” means Commonly Owned Access Lot, to be owned by the Incorporated Society and each an easement allowing access and use in favour of each owner using that COAL;

“Communal Lot” means a lot held by the Incorporated Society for shared use, and includes a COAL;

“Consent Holder” means the Applicant and its successors in title to land comprising the Site (such successors including, by way of example, the individual owners of residential, commercial and Communal Lots) from time to time, to whom this consent will apply on an ongoing basis;

“Council” means the Auckland Council;

“EPA” means Council Engineering Plan Approval;


“Incorporated Society” means the incorporated society established pursuant to Condition 14 of this consent;

“Infrastructure Report” includes any updates to that report in accordance with the conditions of this consent and approved by the Council;

“ITA” means the Integrated Transportation Assessment;

“LINZ” means Land Information New Zealand;

“Monitoring Team Leader” means the Council’s senior monitoring officer for the relevant area;

“MMP” means the Maintenance Management Plan;

“NSAAT” means No Stopping At All Times lines;


“Site” means the land subject to the subdivision described in this consent;

“SVR” means a Site Validation Report; and

“SOMP” means Stormwater Operation and Maintenance Plan;

Commented [BM1]: See LUC comments

SUB-A Nola Estate DRAFT CONDITIONS FOR FEEDBACK Page 2

“TCC” means Traffic Control Committee; and

“TDM” means Transport Design Manual.

In addition, when the term “in perpetuity” is used in relation to obligations of the Incorporated Society, it is recognised that these obligations may vest in owners pursuant to Condition 56.

GENERAL CONDITIONS

1. The proposed subdivision consisting of:

(a) up to 68 residential lots with 1 allocated car park each within COALs (such car parks being individual allotments subject to an amalgamation condition with residential lots);

(b) 2 additional car parks within the COALs to be allocated on the final title plan;

(c) 2 Communal Lots (private parks) to be held by the Incorporated Society (Lots 503 and 504);

(d) 2 commonly owned access lots (COALs) to be held by the Incorporated Society (Lots 403 and 404);

(e) 1 road to vest as public road (Lot 300); and

(f) 4 “super lots”, being Lots 1002, 1003, 1004 and 1005 – 1007 which are to be amalgamated and later subdivided at the time of the proposed Stage 5 subdivision;

must be carried out in general accordance with the plans and all information submitted with the application, as detailed in Schedule A to these conditions.


Advice note

(a) This consent has been granted on the basis of all the documents and information provided by the Applicant, demonstrating that the new lot(s) can be appropriately serviced (infrastructure and access).

(b) Details and specifications for the provision of infrastructure (e.g., public/ private drainage, location, and types of connections) and access (including drainage of accessways, construction standards etc) are subject to a separate EPA and/or Building Consent approval process.

Commented [BM2]: Might want to refer to a separate Schedule B just for subdivision plans this would not typically include architectural plan set


(c) Should it become apparent during the EPA and/or Building Consent process that a component of the granted resource consent cannot be implemented (e.g., detailed tests for soakage fail to achieve sufficient soakage rates, or sufficient gradients for drainage cannot be achieved in accordance with engineering standards/ bylaws etc), changes to the proposal will be required. This may require either a variation to this subdivision consent (under s.127 of the RMA) or a new consent.

(d) Similarly, should the detailed design stage demonstrate that additional reasons for consent are triggered (e.g., after detailed survey the access gradient increases to now infringe or increase an approved infringement to a standard in the plan), a new or varied resource consent is required.

(e) It is the responsibility of the Applicant to ensure that all information submitted and assessed as part of the subdivision consent is correct and can be implemented as per the subdivision consent (without requiring additional reasons for consent). Any subsequent approval processes (such as the EPA) do not override the necessity to comply with the conditions of this resource consent.

Monitoring

2. The Applicant must pay the Council an initial consent compliance monitoring charge of $1,020.00 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent.

Commencement date

3. This consent must commence in accordance with cl.37(9) of Schedule 6 of the FTA.

Lapse date



(b) The Council extends the period after which the consent lapses under s.125(2) of the RMA.

ENGINEERING PLAN APPROVALS

Engineering Plan Approval – roads

5. At Engineering Plan Approval (EPA) stage, the Applicant must submit roading designs including the provision of:

Commented [BM3]: Clearly identify what this monitoring charge relates to

Commented [BM4]: These conditions should sit as general subdivision conditions not s223 conditions


(a) Revised designs and vehicle tracking for the Road 1 / Road 3 intersection (Drawing 20278-VTGH-(14) & Drawing 20278-VTGH-(6) Attachment 1 of the ITA) to demonstrate that compliance with vehicle tracking standards can be achieved; and

(b) Vehicle tracking plans showing a 10.3m rubbish truck against an opposing van (refer Auckland Transport Engineering Design Code: Urban and Rural Design Page 12).

(a)

(b)(c) The design of raised tables near the proposed development’s intersections with Glengarry Road (on Roads 1 and 2) and the deletion of the existing proposed raised table in the southern most proposed road; and

(c)(d) Proposed pedestrian crossing points; and

(d)(e) Details of proposed upgrades to bus stops 5466 and 5468 at 448 and 478 West Coast Road; and

(e)(f) Details of stormwater devices within road reserves; and

(f)(g) Details of the “left-in left-out” access proposed on West Coast Road; and

(g)(h) Details of the raised median design on West Coast Road; and

(i) A road safety audit undertaken by a suitably qualified person of the roading designs.

(j) A back berm

(h)(k) Confirmation that no retaining walls are to be constructed within the road reserve

Advice notes

(i) In respect of Condition 95(a), there is space on the inside of the north-western corner of the intersection which is not used for vehicle tracking. The radius on these corners should be reduced to help reduce vehicle turning speeds.

(i)(ii) In respect of Condition 5(b), there is no certainty that tracking can be sufficiently provided by the current design. If the vehicle tracking required by this condition cannot be provided at Engineering Plan Approval Stage, design changes may be required which may require a variation to the subject resource consent.

(iii) It is noted that the Applicant has previously provided written approval from Auckland Transport for the roading cross sections to allow for a minimum 0.6m

Formatted: Indent: Hanging: 1.29 cm, Numbered +Level: 1 + Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 1.9 cm + Indent at: 2.54cm, Tab stops: Not at 1.27 cm

Commented [SA(5]: This was a matter raised in a meeting between the applicant, AT and AC but hasn’t been addressed. The application cannot be supported without this being provided so the mentioned tracking plans must be required via a condition of consent. Also see advice note below relating to this matter.


Formatted: Font: 11 pt, Font color: Auto, English (NewZealand)


back berm, 2.2m wide parking bay/rain garden and 2.9m wide carriageway.

(ii) It is noted that the Applicant has previously provided written approval from Auckland Transport for the roading cross sections to allow for a minimum 0.6m back berm, 2.2m wide parking bay/rain garden and 2.9m wide carriageway.

(iii)(iv) This Advice Note should be read in conjunction with the Advice Note outlining general standards and procedures in Condition 14.

Engineering Plan Approval – stormwater and build overs

6. The Applicant must include engineering design plans and supporting calculations at the EPA stage confirming that:

(a) peak flow attenuation for the 1% and the 10% AEP storm event(s) to predevelopment levels will be achieved; and

(b) retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(c) detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and

(d) Water, stormwater and wastewater networks are designed and positioned to ensure that there will be no build-overs on any residential lots.

Engineering Plan Approval - road reserve planting

7. At EPA stage, the Applicant must submit a detailed road reserve planting plan(s) incorporating design details for rain gardens, street trees and street gardens for approval by the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader. The plans must:

(a) be prepared by a suitably qualified person;

(b) be in general accordance with the plan entitled ‘Nola Estate residential neighbourhood – Landscape concept plans,’ Drawings numbered 20-028-01 – 20-028-13 Rev 04 prepared by Helen Mellsop – Landscape Architect dated 30 August 2021;

(c) show all planting within the legal road reserve including details of species, location, plant sizes at time of planting and likely heights on maturity, tree pit specifications, the overall material palette, location of street lighting and other service access points;

Commented [SA(6]: AT discussed this matter with the applicant and confirmed that a reduced back berm requires approval by AT’s Engineering Plan Approval team. No indication was given that a back berm of 0.6m would be approved. This advice note must be deleted if the Engineering Plan Approval doesn’t yet incorporate this design. The following advice note (or similar) should be included instead: “In respect of condition 9(j), a back berm with a width of less than 1m will require the consent holder to apply for a departure from the standards via their Engineering Plan Approval. Should the proposed road corridor not be able to accommodate a back berm at a width requested by AT, a variation to the resource consent may be required.” Alternatively, if AT’s Engineering Plan Approval team have approved the design outlined in this advice note, then the advice note can remain.

Commented [EF7]: It may be not appropriate to have these conditions under s223, also the Stormwater mitigation and building overs are not Engineering Plan Approval matters, they should be reviewed and assessed under RC and BC.

Commented [BM8]: Hillary Johnston of Healthy Waters notes: •The Infrastructure Report says the downstream existing network has capacity for their site (Section 6.2), but then further (Section 6.3.2) proposes that the JOAL tanks will mitigate the 10% AEP event. The proposed SUB Condition 10(a) proposes that peak flow attenuation of the 1% and 10% AEP will be achieved . We support the inclusion of this condition, but the most recent version of the Infrastructure Report that we have reviewed is not clear on whether this is actually proposed.

Commented [BM9]: As per LUC comment Hillary Johnston of Healthy Waters notes that We support the inclusion of this condition, but the most recent version of the Infrastructure Report that we have reviewed proposes build-overs in some areas.


(d) ensure that selected species can achieve appropriate separation distances from paths, roads, street lighting and vehicle crossings in accordance with the Auckland Transport Code of Practice; and

(e) include a planting methodology that complies with Part 7.2.3 of ‘The Auckland Code of Practice for Land Development and Subdivision’ or another applicable updated document..

8. In preparing the road reserve planting plan(s) to be certified under Condition 11, the Applicant must seek to meet with Te Kawerau ā Maki for input and suggestions on the following matters and subsequently prepare a draft landscape plan incorporating feedback from Te Kawerau ā Maki as far as is reasonably practicable (and provide the draft landscape plan to Te Kawerau ā Maki for comment at least 15 working days prior to submitting it to the Council):

Advice notes

(a) Trees shall must be selected based on intended design at maturity including height, girth, crown spread, volume and canopy. Selection of species shall must also be accompanied by an assessment of maintenance needs and health and safety aspects associated with maintenance.

(b) Avoid selecting species with the following characteristics: aggressive root growth, sensitive to environmental conditions, biosecurity issues, messy seed pods or fruit/berries, dropping growth habit, suckers, those that do not prune well, shading issue and excessive leaf drop.

SURVEY PLAN (S.223) APPROVAL

Survey Plan Approval

9. The Applicant must submit a survey plan in accordance with the approved resource consent subdivision plan(s) Ref CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, Dwgs 1030-1045 dated 19/07/2021. The survey plan must show all lots to vest or dedicate to the Council, all easements, any amalgamation conditions, and any areas subject to covenants necessary for this subdivision consent including:

(a) That Lot 300 is to vest as public road;

(b) That Lots 400-411, are to be held as COALs, with easements in favour of individual lots to protect their access, services, and other relevant rights;

(c) That Lots 500-506 are to be held by the Incorporated Society as parks and recreational areascommunal facilities;

(d) That Lot 247 is to be held by the Incorporated Society for a communal storage facility and that:


(i) all Lots specified in Condition 5(b)-(d) are to be transferred to the Incorporated Society upon issue of a Record of Title; and

(ii) all Lots specified in Condition 5(b)-(d) must be held by the Incorporated Society in perpetuity;

(e) Whether any service provider is to own assets within the COALs and identify any necessary easements in favour of the service provider to ensure that services have the necessary legal authority (services include water supply, wastewater, stormwater, power, telecommunications and computer media and gas);

(f) Whether dwelling owners are to own assets within the Communal Lots (including drains and private car parks within the COALs) and identify any necessary easements in favour of those owners;

(g) That Lots 1005, 1006 and 1007 are to be held together until subdivided in accordance with SUB-E; and

(h) That the survey plan series show the south western boundaries of Lots 106 – 115 are moved back by 1.49m so that the path adjoining the communal reserve (Lot 504) is entirely within that lot. Any required amendments to easements must be made accordingly.

Memorandum of Easements

10. The right(s)-of-way and easements denoted on CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, “Table of Easements” Plan Reference 1045 dated 19/07/2021 and any additional easements that are required by the conditions of this consent must be included in a memorandum of easements endorsed on the survey plan and must be created, granted or reserved as necessary. The Applicant must meet the costs for the preparation, review, and registration of the easement instruments on the relevant computer registers (Records of Title). Such easements must include:

(a) Drainage and water supply easements for private services that pass through adjacent lots to protect existing or proposed private drains and water supply mains;

(b) Drainage easements as required by the SMP (obligation to collect and retain stormwater that has drained from another dwellings roof area);

(c) Underground Services for electricity, telecommunications, computer media (and gas if applicable) easements for public or private services that pass through adjacent lots;

(d) Right-of-way and services easements (including easements over COALs);


(e) Party wall support easements; and

(f) Easements in gross in favour of the Council for the purpose of accommodating stormwater overland flow paths over Lots 503 and 504 and any other lot accommodating stormwater overland flow paths.

Amalgamation conditions

11. Pursuant to s.220, all Communal Lots and COALs created in this stage must be transferred to and held by the Incorporated Society and held by the Incorporated Society in perpetuity.

12. The survey plan must identify each car park lot to be amalgamated with the respective residential unit. Every residential unit must have one car park, except that the car park for Lot 10 may be established in Stage 4 (SUB-D). Each car park allocated must not, without the consent of the Council, be transferred, leased, or otherwise disposed of.

S.224(C) CERTIFICATION

13. The application for a certificate under s.224(c) of the RMA must be accompanied by certification from a suitably qualified person that the conditions of this subdivision consent have been complied with, and any conditions which have not been complied with are subject to the following:

(a) a consent notice to be issued in relation to any conditions of this consent to which s.221 applies; and

(b) a completion certificate has been issued in relation to any conditions to which s.222 applies.

Creation of the Incorporated Society

14. Prior to the issue of a s.224(c) certificate, the Applicant must establish a resident’s incorporated society (Incorporated Society) to own, manage and maintain the Communal Lots, COALs and all associated communal infrastructure, including the upkeep or replacement of pavement surfaces and markings and associated signage of all car parks within the COALs (provided that the Applicant must carry out the initial marking of car parks) and:

(a) Owners must become members of the Incorporated Society, and transfer that membership when they sell, with a covenant or similar mechanism on individual titles to record these obligations.

(b) The Incorporated Society will be responsible for maintenance of infrastructure, asset management plans, and similar matters, provided that the Applicant must procure asset management plans at the cost of the Applicant, as per Condition 1314(h) below.


(c) The Applicant must ensure sufficient base funding for the Incorporated Society through an initial payment and/or levy on purchasers.

(d) The Applicant must transfer to and vest in the Incorporated Society those assets that the Incorporated Society is to own in order to meet its obligations under this consent.

(e) If the Incorporated Society fails to comply with its obligations and/or becomes insolvent, then Council may enforce these obligations against owners at the direct cost of owners.

(f) If the Incorporated Society becomes insolvent and/or unable to manage its assets and/or assets/obligations are disclaimed, then these will divest to owners (as tenants in common in shares), with owners then directly responsible for maintenance responsibilities.

(g) The rules of the Incorporated Society must require asset management plans to be adopted and implemented stating how its assets will be managed (including the operation, maintenance, repair, renewal as well as short and long-term funding of such activities and the engagement of contractors to undertake such work as is appropriate).

(h) Such asset management plans must be prepared by and at the cost of the Applicant, and must address the following assets:

(i) Footpath and landscaped areas (including planting and weed management);

(ii) COALs and Communal Lots (including maintenance and repair of privately owned car parks and communal waste enclosures);

(iii) Lighting and signage;

(iv) Recreational areas, infrastructure, bike rack buildings including the allocation of bike parks, the communal storage facility;

(v) Stormwater infrastructure;

(vi) Waste management; and

(vii) Any other infrastructure or assets which the Incorporated Society will own or manage pursuant to this consent.

(i) Keep all assets, infrastructure and facilities it owns and is responsible for in good working order.

Advice notes


(i) The requirement in Condition 143(f) and (g) may be bonded pursuant to s.222 of the RMA, provided that such management plans are provided within twelve (12) months of the s.224(c) certificate being issued. Management plans may be staged so as to only address the infrastructure currently held by or to be held following the relevant stage of development.

(ii) Structures for recreational and/or communal use such as play equipment and bike storage facilities may also require building consent and other certification for their construction and safety.

Earthworks – contaminated land

15. At the time of application for a certificate under s.224(c) of the RMA, pursuant to Regulation 10(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the Consent Holder must provide a SVR from a suitably qualified person confirming that the site has been remediated in accordance with the requirements of BUN60368786 or any subsequent variations issued to that consent. The SVR must:

(a) Have been prepared by a suitably qualified person; and

(b) Include a statement that the conclusions in the report are certified by that suitably qualified person; and

(c) Be prepared and reported on in accordance with the relevant current edition of any guidelines prepared by the Ministry for the Environment relating to Contaminated Land Management.

Public roads

16. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct a new public road (Lot 300) in accordance with the requirements of Auckland Transport’s TDM. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(a) An EPA for construction for this work is required to be submitted to the Council and approved prior to the works commencing. Detailed design of the roads, such as street intersection geometry, street furniture, street lighting and safety features, can be further refined and finalised through the EPA process. Plans approved under Resource Consent do not constitute an EPA and should not be used for the purposes of constructing public works in the absence of that approval. The following details should be included for review:

(i) TDM - compound corners;

Commented [BM10]: Council’s Monitoring Officer has suggested this is a pre-commencement requirement on the LUC


(ii) Tracking details for all intersections within the development;

(iii) Detailed design of all street lighting. These shall must be designed in accordance with the Auckland Transport’s TDM; and

(iv) NSAATs/ Road Markings and Signs.

(b) Acceptable forms of evidence include Engineering Approval Completion Certificates.

(c) Design of public roads must include (but is not limited to), road pavement, pedestrian footpaths, cycle ways, street lighting, street furniture, road marking, traffic calming devices, road stormwater drainage, raingardens, etc. where required.

(d) Any activity on the road reserve associated directly with the Site, and whether or not the activity is occurring directly adjacent to the Site, is subject to auditing at all times by officers of Auckland Transport. Breaches of any of conditions of the approvals issued by Auckland Transport may result in penalties being imposed on the Consent Holder.

(e) Appropriate pavement design will be reviewed at the EPA stage.

17. The Applicant must submit a Resolution Report for approval by Auckland Transport’s TCC to legalise the proposed traffic control devices. A copy of the Resolution from the TCC must be submitted to the Council prior to the issue of a certificate under s.224(c). Further information on the resolution process can be found in the following the link: https://at.govt.nz/about-us/working-with-at/traffic-and-parking-controls

Advice notes

(a) It will be the responsibility of the applicant to determine the presence of any underground services that may be affected by the Applicant’s work in the road reserve. Should any services exist, the applicant shall must contact the owners of those and agree on the service owners’ future access for maintenance and upgrades. Services information may be obtained from https://www.beforeudig.co.nz/nz/home.

(b) All work in the road reserve shall must be carried out in accordance with the general requirements of The National Code of Practice for Utility Operators’ Access to Transport Corridors http://nzuag.org.nz/national-code/ApprovedNationalCodeFeb13.pdf and Auckland Transport Design Manual https://at.govt.nz/about-us/manuals-guidelines/transport-design-manual/

(c) Prior to carrying out any work in the road corridor, the Applicant shall must submit to Auckland Transport a Corridor Access Request and temporary traffic management plan, the latter prepared by a Waka Kotahi qualified person and

https://at.govt.nz/about-us/working-with-at/traffic-and-parking-controls

https://www.beforeudig.co.nz/nz/home

https://at.govt.nz/about-us/manuals-guidelines/transport-design-manual/

https://at.govt.nz/about-us/manuals-guidelines/transport-design-manual/


work shall must not commence until such time as the applicant has approval in the form of a Works Access Permit . The application may be made through MyWorksites.co.nz and fifteen (15) working days should be allowed for approval.

(d) Unless the Applicant can reasonably demonstrate the impracticalities to the satisfaction of Auckland Transport, the use of any part of the road reserve (the public space between the property boundaries on opposite sides of the road) should not be considered in any applications for temporary use of the road reserve including in construction traffic management plans for:

(i) Carrying out any construction activities;

(ii) Storing and/or stockpiling materials or equipment;

(iii) The parking of vehicles associated with the construction in any way except for the loading or unloading of materials and equipment while the vehicle is parked in an approved loading zone;

(iv) Temporary hoardings except as required for the safety of other road users;

(v) Gates and/or doors from the site or other structure opening outwards across any part of the road reserve;

(vi) Movements to or from the site during peak traffic periods, generally 7.00am to 9.00am and 4.00pm to 6.00pm;

(vii) Parking or waiting in the surrounding streets or at the site entry points;

(viii) Reversing into or out of the site.

Protection of assets

18. Unless specifically provided for by this consent approval, there must be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks and construction activity. In the event that such damage does occur, the Council’s Monitoring Team Leader must be notified within twenty-four (24) hours of its discovery. The costs of rectifying damage and restoring the asset to its original condition must be met by the Consent Holder.

Vehicle accessways, parking and COALs

19. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct the vehicle accessways and COALs in accordance with the relevant approved reports and plans referenced in Condition 1 and in accordance with the Council's Code of Practice for City Infrastructure and Land Development.


20. The design must provide for stormwater catchpits and/or slot drains within the boundaries of the laneways (or elsewhere within the site, if appropriate). Where necessary the provision of kerbing or similar devices/barriers to prevent water flowing on to other properties must be provided.

21. The Applicant must lodge an application for an Engineering Right of Way application for the construction of the accessways with the Council. This may be included in the EPA application required for the installation of public assets, such as stormwater, wastewater and public roads. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(a) Right of ways, COALs and common access ways require a Common Access Way Plan Approval prior to construction.

(b) Please contact the Council to obtain the current engineering requirements for the construction of the type of vehicle accessway proposed.

New vehicle crossings

22. The Applicant must construct the new vehicle crossings in accordance with the Auckland Transport Code of Practice 2013. The crossings must maintain an at-grade (level) pedestrian footpath across the length of the crossing, using the same materials, kerbing, paving, patterns and finish as the existing footpath on each side of the crossing. This must be undertaken at the Consent Holder’s expense and to the satisfaction of the Council. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(a) An approval letter and completion certificate from Auckland Transport is required to be submitted to the Council as a verification that Auckland Transport has completed approval and a final vehicle crossing inspection before this condition is considered fulfilled.

(b) Works within the road reserve require prior approval from Auckland Transport. The consent holder should contact Auckland Transport as soon as possible to ensure any required approvals are issued prior to construction.

(c) A vehicle crossing approval permit is required to be obtained from Auckland Transport for these works.

22.


23. Prior to the issue of a s.224(c) certificate, all redundant vehicle crossings must be removed and reinstated as kerbing and footpath to the requirements of the TDM, including a regrade of the footpath across the vehicle crossing to 2% cross-fall. This must be undertaken at the Applicant’s expense and to the satisfaction of the Council.

24.1. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(z)(a) An approval letter and completion certificate from Auckland Transport is required to be submitted to the Council as a verification that Auckland Transport has completed approval and a final vehicle crossing inspection before this condition is considered fulfilled.

(aa)(a) Works within the road reserve require prior approval from Auckland Transport. The consent holder should contact Auckland Transport as soon as possible to ensure any required approvals are issued prior to construction.

(bb)(a) A vehicle crossing approval permit is required to be obtained from Auckland Transport for these works.

29.24. Prior to the issue of a certificate under s.224(c), the Applicant must provide and install road name signage in accordance with Council standards for private laneways and must consult with Te Kawerau ā Maki in preparing such names. The names must be as approved by the Council. In the context of this condition, all three laneways may have the same name if preferred by the Applicant.

Advice notes

(a) LINZ requires that private roads within common access lots or lot accesses comprising panhandle access strips and / or reciprocal rights of way easements that serve six (6) or more lots are to be named. LINZ has indicated that a name for the road or private road should be in place before the survey plan of subdivision is approved by the Council under s.223 of the RMA and advises that if no name is in place this could be problematic when titles are later requested.

(b) The Applicant should obtain evidence of acceptance from LINZ that the proposed names are not duplicated within the Council area before submitting the names to the Council for reporting to the relevant Local Board for approval. In giving its approval, the Local Board will have regard to the relevance of the road names to the locality or determine that the names are otherwise appropriate.

Bicycle parking areas

30.25. Prior to the issue of a certificate under s.224(c), the Applicant must construct and fit out both the private and communal bicycle storage facilities to service Stage 1, in


general accordance with the plan entitled ‘Selo Development, Glen Eden for resource consent’ drawing numbered 00-15 Rev A prepared by BDG Architects dated 21/07/2021.

31.26. A report from a suitably qualified person must be provided to the Monitoring Team Leader confirming that each bicycle storage facility has been provided with sufficient power outlets to accommodate the recharging of e-bikes.

Existing transport assets and upgrades

No stopping at all times lines

32.27. At least sixty (60) working days prior to applying for a certificate under s.224(c) the Applicant must file the necessary application with Auckland Transport for NSAAT broken yellow lines to be installed along all kerb lines away from parking bays and vehicle crossings and if that authorisation is provided within forty (40) working days, the Applicant must install such no stopping lines.

Advice note

It is the responsibility of the Applicant to seek an approval for all regulatory signs and markings (yellow lines, give way controls, etc) from Auckland Transport’s TCC prior to the issue of the s.224(c) certificate.

Time restricted parking

33.28. The Applicant must install signage that limits the use of each non-disabled car parking space in frontage lane D1 to a maximum of 60 minutes parking duration.

Bus stop upgrades

34.29. The Applicant must consult with Auckland Transport regarding the upgrade of bus stops 5466 and 5468 at 448 and 478 West Coast Road to include the provision of pedestrian shelters/canopies, the design of which is to be in accordance with the TDM (Public Transport Bus Infrastructure). Any upgrade of the bus stops is subject to approval from Auckland Transport and to the extent that Auckland Transport does not grant permission (or takes more than thirty (30) working days to make a decision) the Applicant must not be required to undertake proposed upgrades. In the event that Auckland Transport grants approval to the proposed upgrades, the works must be undertaken prior to the issue of the s.224(c) certificate.

Advice note

(a) All works required to install, alter or upgrade existing public transport assets shall must be included in the EPA to be lodged with the Council.

Commented [BM11]: Auckland Transport does not agree to this


West Coast Road - access configuration

35.30. The site access on West Coast Road must be designed as a left–in / left–out only access. The crossing must be angled such that right turns into and out of the site are discouraged. A solid median must be provided on West Coast Road to assist in channelling traffic and supporting ‘RG–7 No Right Turn’ signage must be installed. Details of the access layout must be submitted at the EPA stage and once approved, must be installed prior to the issue of a s.224(c) certificate by the Council.

Raised zebra crossing

36.31. The Applicant must convert the existing raised table at the northern end of Glengarry Road into a raised zebra crossing. The works must be carried out to the satisfaction of the Monitoring Team Leader. This condition must be complied with or alternatively may be bonded at the s.224(c) certification stage in accordance with the Council’s standard bond terms and conditions.

Pedestrian footpaths

37.32. The Applicant must install a 3m wide shared pedestrian path along the length of the site frontage with West Coast Road and Glengarry Road. The pedestrian path must connect to the existing pedestrian path network. The works must be carried out to the satisfaction of the Council. This condition must be complied with or alternately may be bonded for at the s.224(c) certification stage in accordance with the Council’s standard bond terms and conditions.

Implementation of road reserve planting

38.33. Prior to issue of a certificate under s.224(c), all road reserve planting and landscaping must be implemented by the Applicant in accordance with the approved streetscape plans and to the satisfaction of the Monitoring Team Leader and in consultation with Parks Planning Team Leader and must be landscaped in accordance with the Council’s latest specifications or relevant Code of Practice for green assets and landscaping, and in particular the following:

(a) The street must be cleared of any construction material, rubbish and surplus soil, and must be maintained in a neat and tidy condition until all stages of development are complete.

(b) Should site factors preclude compliance with any of these conditions, the Parks Planning Team Leader must be advised in writing as soon as practicable and, in any case, prior to planting, and an alternative soil improvement methodology proposed to the satisfaction of the Monitoring Team Leader.

(c) Grassing must only be undertaken when the weather is suitable - i.e., mild, dull and moist, and when the ground is moist and workable. Where delays occur in the agreed programme which prevents areas being planted, the Consent Holder must inform the Monitoring Team Leader.


39.34. The Applicant must apply for a practical completion certificate from the Monitoring Team Leader prior to the issue of the s.224(c) certificate confirming that road corridor planting has been satisfactorily implemented.

Maintenance – road reserve planting

40.35. Prior to the issue of a certificate under s.224(c), the Applicant must provide for the approval of the Monitoring Team Leader a MMP for all planting and landscaping to be established in the legal road reserve. The MMP must include:

(a) A planting maintenance regime including details of maintenance methodology and frequencies;

(b) Details of methods to provide for the establishment of planting including watering regimes, weeding, trimming, cultivation, pest and disease control, checking of stakes and ties, pruning and other accepted horticultural operations to ensure normal and healthy plant establishment and growth; and

(c) Procedures in the event of intentional and accidental damage to planting.

41.36. The Applicant must undertake maintenance, in accordance with the approved MMP in Condition 36 above, for a two (2) year period commencing on the date that the s.224(c) certificate is issued. Any maintenance procedures deemed unsuitable by the Monitoring Team Leader during this period must be remedied by the Applicant at its expense. These works may (at the Council’s discretion) be subject to a bond under Condition 38.

Uncompleted works bonds

42.37. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, an uncompleted works bond (at the Council’s discretion) may be entered into by the Applicant where any landscape works required by the conditions of this consent have not been completed in accordance with the approved plans. The bond amount shall must be 1.5 x the contracted rate of any outstanding works and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Park Planning Team Leader prior to lodging the bond. The liability of the Applicant shall must not be limited to the amount of the bond.

Maintenance bonds

43.38. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, the Applicant must provide the Council with a refundable bond in respect of the maintenance of the landscaping works required by the conditions of this consent. The maintenance bond will be held for a period of two years from the issues of a practical completion certificate. The amount of the bond will must be 1.5 x the contracted rate for maintenance and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader. The liability of the Applicant shall must not be limited to the amount of the bond.


Wastewater

44.39. The Applicant must install wastewater reticulation (including required local network upgrades) in accordance with the Infrastructure Report and in accordance with Watercare Service Limited standards (refer Water and Wastewater Code of Practice for Land Development and Subdivision).

45.40. Certification that public wastewater works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(a) Acceptable forms of evidence include Code of Compliance Certificates.

(b) Construction of private water systems requires Building Consent.

(c) Acceptable forms of Evidence from the Utility Providers include a Certificate of Acceptance.

Water

46.41. The Applicant must install a water supply main (including local network upgrades), service pipes and bulk water-meter banks to serve the development in accordance with the Infrastructure Report. The design of these assets is recommended to be in accordance with Water and Wastewater Code of Practice for Land Development and Subdivision – Chapter 6.

47.42. Certification that public water works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes



Stormwater

48.43. The Applicant must install a public stormwater system in accordance with the Infrastructure Report and in accordance with the Auckland Council Code of Practice for Land Development and Subdivision.

49.44. Certification from the utility provider that works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

45. The Applicant must design, install and maintain private on-site stormwater management devices in accordance with the relevant infrastructure plans referenced in Condition 1.

Commented [BM12]: Should be make provision for when tied to a land use consent see standard conditions manual

Commented [EF13]: If there are communal devices under COAL or roading area, then the condition is appropriate, otherwise, it should not be a 224c condition as the private individual stormwater mitigation device should be processed under BC without affecting issuing of 224c. It may need to specify the stormwater management device.


46. The consent holder must provide a comprehensive Whole of Life Cost Assessment to ensure that the most cost-effective stormwater management solution has been selected in accordance with Auckland Council Code of Practice Chapter 1 Section 1.5.5.2.

50.

Electricity supplyUtilities

47. The consent holder must make provision for telecommunications and electricity to Lot(s) X, Y, X in accordance with the requirements of the respective utility operators. If reticulated, these utilities must be underground. Certification from the utility providers that works have been satisfactorily undertaken must be provided when applying for a certificate under section 224(c) of the RMA.

Advice Note:

The consent holder may also provide gas servicing to the lot(s), but this is not a requirement and no proof is required at time of section 224(c). Any gas lines are required to be installed underground, or they may otherwise require a further resource consent.

51. Prior to the issue of a certificate under s.224(c) the Applicant must install a reticulated underground electricity supply system to service all the lots created by this subdivision and ensure sufficient capacity to service the full extent of development enabled by the associated Land Use Consent.

The system must be installed in accordance with the requirements of the Auckland Code of Practice for Land Development and Subdivision and the relevant network utility operator. The Applicant must provide confirmation from the network utility operator that the system has been installed in accordance with their requirements.

Telecommunications services

52. Prior to the issue of a certificate under s.224(c) the Applicant must install a reticulated underground telecommunications system to service the residential and commercial use lots created by this subdivision and ensure sufficient capacity to service the full extent of development enabled by the associated Land Use Consent.

52. The system must be installed in accordance with the requirements of the Auckland Code of Practice for Land Development and Subdivision and the relevant network utility operator. The Applicant must provide confirmation from the network utility operator that the system has been installed in accordance with their requirements.

Surveyor’s certificates

53.48. The Applicant must provide to the Council “as built” plans prepared by a suitably qualified person at the time of the application for s.224(c) certification identifying the

Formatted: Outline numbered + Level: 1 + NumberingStyle: 1, 2, 3, … + Start at: 1 + Alignment: Left + Alignedat: 0 cm + Tab after: 0 cm + Indent at: 1.27 cm

Commented [SA(14]: Please note, AT’s stormwater team is still reviewing the life cycle cost assessment provided. If it is determined to be acceptable, this condition can be deleted.


Formatted: Heading 1

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Formatted: Font: (Default) Arial, 11 pt, Italic, Underline,Font color: Auto

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location of and certifying that all necessary services and accessways and driveways have been located in accordance with the positions on registered easements, or within legal boundaries to the satisfaction of the Monitoring Team Leader. Where necessary, to ensure that private services are located within an easement (for example services within a narrow easement crossing another residential lot), such certification must also be provided for private services.

Advice note

Private services within COALs do not need surveyor’s certificates where there is an easement provided over the whole COAL.

Consent Notices

54.49. The Applicant must cause to be registered against the Record of Titles for all residential lots and COALs a Consent Notice pursuant to s.221 of the RMA, recording that the following condition(s) are to be complied with on a continuing basis:

(a) “The Consent Holder (including residential lot owners from time to time) must maintain suitable stormwater attenuation for impermeable surfaces in accordance with the approved EPA plans, and must not do anything to compromise the stormwater management system for the development.

(b) Residential lot owners must be and continue to be a member of the Incorporated Society for the duration of the ownership of their Lot (and transfer their membership of the Incorporated Society when they sell their lot). Residential lot owners must comply with the rules of the Incorporated Society.”

Signage

50. The Applicant must cause to be registered against the Record of Titles for Communal lots 503 & 504 a Consent Notice pursuant to s.221 of the RMA, recording that the following condition(s) are to be complied with on a continuing basis:

“The Consent Holder must establish and maintain adequate signposting to inform users of the communal lots that these areas are managed and maintained by the incorporated society and must include contact details for the incorporated society.”

Overland flow path

55.51. The Applicant must cause to have registered against the Record of Title on Lots 503 and 504 a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“Lots 503 and 504 are subject to an identified 1 in 100 year overland flowpath. The lot owner must provide and maintain a means / route of conveying

Commented [EF15]: Generally, Geotechnical Completion Report shall be provided before issuing 224c and registered the report in the relevant titles to ensure the geo restrictions and recommendations in the geo completion report could be picked up for building design and building consent review by the applicant and council staff.

Commented [BM16]: Need subdivision in accordance with a land use consent standard CN from Subdivision manual

Subdivision in accordance with an approved land use resource consent 49. The subdivision of Lot(s) X, Y, Z must be undertaken in accordance with the land use resource consent referenced as BUNXXXXXXXX and/or LUCXXXXXXXX. To ensure that this condition is complied with on a continuing basis, the following must be registered as a consent notice on the record(s) of title to be issued for Lot(s) X, Y, Z: “This Lot has been created in accordance with approved land use resource consent BUNXXXXXXXX and/or LUCXXXXXXXX. All development on this lot must be in accordance with the approved land use resource consent referenced as BUNXXXXXXXX and/or LUCXXXXXXXX, including all its conditions. If this land use resource consent lapses prior to being given effect to, then a new land use resource consent will be required, unless the proposed use and development of the lot is otherwise able to be undertaken as a permitted activity.”

This should be placed on all residential and commercial lots to tie them to the approved LUC


Formatted: Indent: Left: 1.27 cm, No bullets ornumbering, Keep with next


Formatted: Heading 1, Indent: Left: 2.25 cm


unobstructed overland flow through the lots and must not obstruct the overland flow within the route with any unconsented fencing, object, impermeable landscaping, building, or structure.”

Allocation of bicycle parks

56.52. The Applicant must cause to have registered against the Record of Titles for all residential lots and Communal Lots a Consent Notice pursuant to s.221 of the RMA, recording the Incorporated Society’s obligation to allocate bicycle parks in accordance with the plan entitled ‘Selo Development, Glen Eden for resource consent’ drawing numbered 00-15 Rev A prepared by BDG Architects dated 21/07/2021 so that each dwelling has access to two bicycle parks (private or communal).

Incorporated Society maintenance and repair obligations

57.53. The Applicant must cause to have registered against the Record of Titles for all residential lots and Communal Lots, a Consent Notice pursuant to s.221 of the RMA, recording the following condition to be complied with on an ongoing basis:

“That the Incorporated Society must maintain management plans stating how its assets and obligations will be managed (including the operation, maintenance, repair, renewal as well as short and long-term funding of such activities and the engagement of contractors to undertake such work as is appropriate). The management plans must address the following assets and obligations, which the Incorporated Society must keep in good working order and clean and tidy as the case may be:

(a) Footpaths and landscaped areas (including planting and weed management);

(b) COALs (including maintenance and repair of privately owned car parks (including pavement, marking and signage) and communal waste enclosures);

(c) Lighting and signage;

(d) Recreational areas, infrastructure. the communal storage facility, and bike racks;

(e) Stormwater infrastructure; and

(f) Waste management; and

(g) Any other infrastructure or assets which the Incorporated Society is to own or manage pursuant to this consent (such as car parks) and consents SUB-B to SUB-E.”

Incorporated Society ongoing obligations


58.54. The Applicant must cause to have registered against the Record of Titles for all residential lots and Communal Lots, a Consent Notice pursuant to s.221 of the RMA, recording the following conditions to be complied with on an ongoing basis:

(a) “That the Incorporated Society must not dispose of any assets unless it is doing so for the purpose of replacing them (e.g., they have reached the end of their useful life).

(b) In the event that the Incorporated Society is wound up, all assets and obligations owned by / vested in the Incorporated Society shall must vest in the owners as tenants in common in shares equal to the Member's/Owners proportion as at the date of winding up and may be enforced by the Council against individual owners.”

Specimen tree management

59.55. The Consent Holder must cause to have registered against the Record of Title for Lots 58-70, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it fronts Glengarry Road as identified on Landscape Concept Drawings 20-028-2 V03 and 20-028-05 V03 dated 13/07/2021 must be maintained and shall must not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”

Staged development of lots

60.56. The Applicant must cause to have registered against the Record of Titles for each of Lots 1002 - 1007 a Consent Notice pursuant to s.221 of the RMA, recording the following conditions to be complied with on an ongoing basis:

(a) “Development of these lots has been approved by virtue of the associated Land Use Consent. Subsequent development of these Lots must be in accordance with the conditions of this landuse consent unless the consent is varied or this Consent Notice is varied or cancelled.

(b) This consent notice shall must expire upon the relevant subdivision consent Reference SUB-B to SUB-E being implemented and titles issued for the relevant lots (Lots 1002 – 1007). The owner at the time may make an application to the Registrar-General of Land, pursuant to s.221(5) of the RMA to make an entry in the register and on any relevant instrument of title noting that the consent notice has expired, without having to vary or cancel the consent notice under s.127 of the RMA.”

Commented [BM17]: Specify consent number


Limitation on use of communal storage facility

61.57. The Applicant must cause to have registered against the Record of Title for Lot 247, a Consent Notice pursuant to s.221 of the RMA, recording the following condition to be complied with on an ongoing basis:

“The communal storage facility within Lot 247 must only be used for the purpose of Communal Storage Facilities by the Incorporated Society created pursuant to SUB-A and solely and exclusively by the owners and occupiers of residential lots established pursuant to LUC-A.”

Consent Notice Instrument

62.58. The Consent Notice instruments will be prepared by Auckland Council’s solicitors at the cost of the Applicant and will contain the terms and conditions the solicitors usually include in such documents. The Applicant’s solicitor must contact the Council’s Monitoring Team Leader to request the Consent Notice instruments to be prepared and registered. The following documentation must accompany the request:

(a) A copy of the relevant consent condition; and

(b) A copy of the current Record(s) of Title.

SUB-B Nola Estate DRAFT CONDITIONS FOR FEEDBACK

CONDITIONS: SUBDIVISION CONSENT SUB-B (STAGE 2)

















“SOMP” means Stormwater Operation and Maintenance Plan; and

“SVR” means Site Validation Report.


SUB-B Nola Estate DRAFT CONDITIONS FOR FEEDBACK Page 2

GENERAL CONDITIONS


(a) Up to 54 residential lots with 1 allocated car park each within COALs (such car parks being individual allotments subject to an amalgamation condition with residential lots);

(b) 2 additional car parks within the COALs to be allocated on the final title plan; and (c) 1 COAL to be held by the Incorporated Society (Lot 408);



Advice notes







Monitoring


Commencement date

3. This consent shall must commence in accordance with clause 37(9) of Schedule 6 of the FTA.

Lapse date



(b) The Council extends the period after which the consent lapses under s.125(2) of the RMA 1991.



5. At EPA stage, The Applicant must include engineering design plans and supporting calculations confirming that:







Commented [BM1]: Identify what monitoring charge relates to


Commented [BM3]: See Stage A comments from Healthy Waters



6. The Applicant must submit a survey plan in accordance with the approved resource consent subdivision plan(s) Ref CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, Dwgs 1046-1052 dated 19/07/2021. The survey plan must show all lots to vest or dedicate to Council, all easements, any amalgamation conditions, and any areas subject to covenants necessary for this subdivision consent including:

(a) That Lot 408 is to be held as a COAL, with easements in favour of individual lots to protect their access, services, and other relevant rights;

(b) Lot 408 is to be transferred to the Incorporated Society upon issue of a Record of Title and must be held by the Incorporated Society in perpetuity.

(c) Whether any service provider is to own assets within the COALs and identify any necessary easements in favour of the service provider to ensure that services have the necessary legal authority (services include water supply, wastewater, stormwater, power, telecommunications and computer media and gas);

(d) Whether dwelling owners are to own assets within the Communal Lots (including drains and private car parks within the COALs) and identify any necessary easements in favour of those owners; and

(e) That Lots 1005, 1006 and 1007 are to be held together until subdivided in accordance with SUB-E.


7. The right(s)-of-way and easements denoted on CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, “Table of Easements” Plan Reference 1052 dated 1/07/2021 and any additional easements that are required by the conditions of this consent must be included in a memorandum of easements endorsed on the survey plan and must be created, granted or reserved as necessary. The Applicant must meet the costs for the preparation, review, and registration of the easement instruments on the relevant computer registers (records of title). Such easements must include:


(b) Drainage easements as required by the stormwater management plan (obligation to collect and retain stormwater that has drained from another dwellings roof area);



(d) Right-of-way and services easements (including easements over COALs); and

(e) Party wall support easements;


8. Pursuant to s.220, Lot 408 must be transferred to and held by the Incorporated Society and held by the Incorporated Society in perpetuity.

9. The survey plan must identify each car park lot to be amalgamated with the respective residential unit. Every residential unit must have one car park, except that Lot 10’s car park may be established in Stage 4 (SUB-D). Each car park allocated must not, without the consent of the Council, be transferred, leased, or otherwise disposed of.






11. Prior to the issue of a s.224(c) certificate, the Applicant shall must establish a residents’ incorporated society (Incorporated Society) to own, manage and maintain the COALs and all associated communal infrastructure, including the upkeep or replacement of pavement surfaces and markings and associated signage of all car parks within the COAL (provided that the Applicant must carry out the initial marking of car parks) and:










(i) footpath and landscaped areas (including planting and weed management);


(iii) lighting and signage;

(iv) recreational areas, infrastructure, bike rack buildings including the allocation of bike parks, the communal storage facility;

(v) stormwater infrastructure;

(vi) waste management; and

(vii) any other infrastructure or assets which the Incorporated Society will own or manage pursuant to this consent.


Advice notes

(i) The requirement in Condition 11(f) and (g) may be bonded pursuant to s.222 of the RMA, provided that such management plans are provided within twelve (12) months of the s.224(c) certificate being issued. Management plans may be


staged so as to only address the infrastructure currently held by or to be held following the relevant stage of development.



12. At the time of application for a certificate under s.224(c) of the RMA, pursuant to Regulation 10(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the Consent Holder must provide a SVR from a suitably qualified person confirming that the site has been remediated in accordance with the requirements of BUN60368786 or any subsequent variations issued to that consent. The SVR must:





13. Unless specifically provided for by this consent approval, there must be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks and construction activity. In the event that such damage does occur, the Council’s Monitoring Team Leader will be notified within twenty-four (24) hours of its discovery. The costs of rectifying damage and restoring the asset to its original condition must be met by the Consent Holder.


14. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct vehicle accessways and COALs in accordance with the relevant approved reports and plans referenced in Condition 1 and in accordance with the Council's Code of Practice for City Infrastructure and Land Development.


16. The Applicant must lodge an application for an Engineering Right of Way application for the construction of the accessways with the Council. This may be included in the


EPA application required for the installation of public assets, such as stormwater, wastewater and public roads. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes


(b) Please contact Auckland Council to obtain the current engineering requirements for the construction of the type of vehicle accessway proposed.


17. The Applicant must construct the new vehicle crossings in accordance with the Auckland Transport Code of Practice 2013. The crossings must maintain an at-grade (level) pedestrian footpath across the length of the crossing, using the same materials, kerbing, paving, patterns and finish as the existing footpath on each side of the crossing. This must be undertaken at the consent holder’s expense and to the satisfaction of the Council.

18. Certification from a suitably qualified person that the works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes

(a) An approval letter and completion certificate from Auckland Transport is required to be submitted to Auckland Council as a verification that Auckland Transport has completed approval and a final vehicle crossing inspection before this condition is considered fulfilled.



19. Prior to the issue of a certificate under s.224(c), the Applicant must provide and install road name signage in accordance with Council standards for COALs COALs and must consult with Te Kawerau ā Maki in preparing such names. The names must be as approved by the Council. In the context of this condition, all three laneways may have the same name if preferred by the Applicant.

Advice notes

Commented [SA(5]: The sentence in this condition below mentions “three laneways”. Should this be private laneways instead of COALS?

Formatted: Highlight


(a) LINZ requires that private roads within common access lots or lot accesses comprising panhandle access strips and / or reciprocal rights of way easements that serve six (6) or more lots are to be named. LINZ has indicated that a name for the road or private road should be in place before the survey plan of subdivision is approved by the council under s.223 of the RMA and advises that if no name is in place this could be problematic when titles are later requested.

(b) The Applicant should obtain evidence of acceptance from LINZ that the proposed names are not duplicated within the Auckland Council area before submitting the names to the Council for reporting to the relevant Local Board for approval. In giving its approval, the Local Board will have regard to the relevance of the road names to the locality or determine that the names are otherwise appropriate.


20. Prior to the issue of a certificate under s.224(c), the Applicant must construct and fit out both the private and communal bicycle storage facilities to service Stage 2, in general accordance with the plan entitled ‘Selo Development, Glen Eden for resource consent’ drawing numbered 00-15 Rev A prepared by BDG Architects dated 21/07/2021.

21. A report from a suitably qualified person must be provided to the Monitoring Team Leader confirming that each bicycle storage facility has been provided with sufficient power outlets to accommodate the recharging of e-bikes.


22. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, an uncompleted works bond (at the Council’s discretion) may be entered into where any landscape works required by the conditions of this consent have not been completed in accordance with the approved plans. The bond amount shall must be 1.5 x the contracted rate of any outstanding works and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader prior to lodging the bond. The liability of the Applicant shall must not be limited to the amount of the bond.

Maintenance bonds

23. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, the Applicant must provide the Council with a refundable bond in respect of the maintenance of the landscaping works required by the conditions of this consent. The maintenance bond will be held for a period of two years from the issues of a practical completion certificate. The amount of the bond will be 1.5 x the contracted rate for maintenance and must be agreed in consultation with the Monitoring Team


Leader in consultation with Council’s Parks Planning Team Leader. The liability of the Applicant shall must not be limited to the amount of the bond.

Wastewater

24. The Applicant must install wastewater reticulation (including required local network upgrades) in accordance with the Infrastructure Report and in accordance with Watercare Service Limited standards; refer Water and Wastewater Code of Practice for Land Development and Subdivision.

25. Certification that public wastewater works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes




Water

26. The Applicant must install a water supply main (including local network upgrades), service pipes and bulk water-meter banks to serve the development in accordance with the Infrastructure Report. The design of these assets is recommended to be in accordance with Water and Wastewater Code of Practice for Land Development and Subdivision – Chapter 6.

27. Certification that public water works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Advice notes



Stormwater

28. The Applicant must install a public stormwater system in accordance with the Infrastructure Report and in accordance with the Auckland Council Code of Practice for Land Development and Subdivision.

29. Certification from the utility provider that works have been satisfactorily undertaken must be provided when applying for a certificate under s.224(c) of the RMA.

Commented [BM6]: Make provision as per Stage A comment refer to standard condition manual for when linked to a land use consent




30.

Electricity supply

31.32. Prior to the issue of a certificate under s.224(c) the Applicant must install a reticulated underground electricity supply system to service all the lots created by this subdivision and ensure sufficient capacity to service the full extent of development enabled by the associated Land Use Consent.

32.33. The system must be installed in accordance with the requirements of the Auckland Code of Practice for Land Development and Subdivision and the relevant network utility operator. The Applicant must provide confirmation from the network utility operator that the system has been installed in accordance with their requirements.


33.34. Prior to the issue of a certificate under s.224(c) the Applicant must install a reticulated underground telecommunications system to service the residential and commercial use lots created by this subdivision and ensure sufficient capacity to service the full extent of development enabled by the associated Land Use Consent.



35.36. The Applicant must provide to the Council “as built” plans prepared by a suitably qualified person at the time of the application for s.224(c) certification identifying the location of and certifying that all necessary services and accessways and driveways have been located in accordance with the positions on registered easements, or within legal boundaries to the satisfaction of the Monitoring Team Leader. Where necessary, to ensure that private services are located within an easement (for example services within a narrow easement crossing another residential lot), such certification must also be provided for private services.

Advice note

Commented [EF7]: If there are communal devices under COAL or roading area, then the condition is appropriate, otherwise, it should not be one of the 224c conditions as the private individual stormwater mitigation device should be processed under BC without affecting of issuing 224c. It may need to specify the stormwater management device.



Commented [BM9]: Change to Utilities condition as per Stage A



Consent Notices


(a) The Consent Holder (including residential lot owners from time to time) must maintain suitable stormwater attenuation for impermeable surfaces in accordance with the approved EPA plans, and must not do anything to compromise the stormwater management system for the development.

(b) Residential lot owners must be and continue to be a member of the Incorporated Society for the duration of the ownership of their Lot (and transfer their membership of the Incorporated Society when they sell their lot). Residential lot owners must comply with the rules of the Incorporated Society.








Commented [BM11]: Need sub in accordance with CN from subdivision conditions manual







(g) Any other infrastructure or assets which the Incorporated Society is to own or manage pursuant to this consent (such as car parks) and consents SUB-C to SUB-E.”




(b) In the event that the Incorporated Society is wound up, all assets and obligations owned by / vested in the Incorporated Society shall must vest in the owners as tenants in common in shares equal to the Member's/Owners proportion as at the date of winding up and may be enforced by Council against individual owners.”


40.41. The consent holder must cause to have registered against the Record of Title for Lots 150 and 204, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it fronts Glengarry Road as identified on Landscape Concept Drawings 20-028-2 V05 dated 13/07/2021 must be maintained and shall must not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”



41.42. The Applicant must cause to have registered against the Record of Titles for each of Lots 1002 - 1007 a Consent Notice pursuant to s.221 of the RMA, recording the following condition to be complied with on an ongoing basis:

(a) Development of these lots has been approved by virtue of the associated Land Use Consent. Subsequent development of these Lots must be in accordance with the conditions of this landuse consent unless the consent is varied or this Consent Notice is varied or cancelled.

(b) This consent notice shall must expire upon the relevant subdivision consent Reference SUB-B to SUB-E being implemented and titles issued for the relevant lots (Lots 1002 – 1007). The owner at the time may make an application to the Registrar-General of Land, pursuant to s.221(5) of the RMA to make an entry in the register and on any relevant instrument of title noting that the consent notice has expired, without having to vary or cancel the consent notice under s.127 of the RMA.


42.43. The Consent Notice Instruments will be prepared by Auckland Council’s solicitors at the cost of the Applicant and will contain the terms and conditions the solicitors usually include in such documents. The Applicant’s solicitor must contact the Council’s Monitoring Team Leader to request the Consent Notice Instruments to be prepared and registered. The following documentation must accompany the request:


(b) A copy of the current Record of Title.

SUB-C Nola Estate DRAFT CONDITIONS FOR FEEDBACK

CONDITIONS: SUBDIVISION CONSENT SUB-C (STAGE 3)




















SUB-C Nola Estate DRAFT CONDITIONS FOR FEEDBACK Page 2

GENERAL CONDITIONS



(b) 3 additional car parks within the COALs to be allocated on the final title plan;

(c) 2 Communal Lots (private parks) to be held by the Incorporated Society (Lots 500 and 501); and

(d) 2 COALs to be held by the Incorporated Society (Lots 400 and 401);



Advice note





(e) It is the responsibility of the Applicant to ensure that all information submitted and assessed as part of the subdivision consent is correct and can be implemented as per the subdivision consent (without requiring additional reasons for consent). Any subsequent approval processes (such as the EPA)


do not override the necessity to comply with the conditions of this resource consent.

Monitoring


Commencement date

3. This consent shallmust commence in accordance with clause 37(9) of Schedule 6 of the FTA.

Lapse date






5. At EPA stage, the Applicant must include engineering design plans and supporting calculations confirming that:

(a) Peak flow attenuation for the 1% and the 10% AEP storm event(s) to predevelopment levels will be achieved; and

(b) Retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(c) Detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and


(b)




Commented [BM3]: See stage A comments from Healthy Waters

Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Nobullets or numbering



5.6. The Applicant must submit a survey plan in accordance with the approved resource consent subdivision plan(s) Ref CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, Dwgs 1053-1059 dated 19/07/2021. The survey plan must show all lots to vest or dedicate to Council, all easements, any amalgamation conditions, and any areas subject to covenants necessary for this subdivision consent including:

(a) That Lots 400-401, are to be held as COALs, with easements in favour of individual lots to protect their access, services, and other relevant rights;

(b) That Lots 500-501 are to be held by the Incorporated Society as parks and recreational areas and that:

(i) all Lots specified in Condition 5(a)-(b) are to be transferred to the Incorporated Society upon issue of a Record of Title and;

(ii) all Lots specified in Condition 5(a)-(b) must be held by the Incorporated Society in perpetuity.


(d) Whether dwelling owners are to own assets within the Communal Lots (including drains and private car parks within the COALs) and identify any necessary easements in favour of those owners;

(e) That Lots 1005, 1006 and 1007 are to be held together until subdivided in accordance with SUB-E; and


6.7. The right(s)-of-way and easements denoted on CIVIX 460-478 West Coast Road, 317-347 Glengarry Road, Glen Eden, “Table of Easements” Plan Reference 1059 dated 19/07/2021 and any additional easements that are required by the conditions of this consent must be included in a memorandum of easements endorsed on the survey plan and must be created, granted or reserved as necessary. The Applicant must meet the costs for the preparation, review, and registration of the easement instruments on the relevant computer registers (records of title). Such easements must include:





(d) Right-of-way and services easements (including easements over COALs);

(e) Party wall support easements;

(f) Easements in gross in favour of the Council for the purpose of accommodating any stormwater overland flow paths.


7.8. Pursuant to s.220, all Communal Lots and COALs created in this stage must be transferred to and held by the Incorporated Society and held by the Incorporated Society in perpetuity.

8.9. The survey plan must identify each car park lot to be amalgamated with the respective residential unit. Every residential unit must have one car park. Each car park allocated must not, without the consent of the Council, be transferred, leased, or otherwise disposed of.



9.1. At EPA stage, the Applicant must include engineering design plans and supporting calculations confirming that:


(a) Retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(b)(a) Detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and

(b)(a) Water, stormwater and wastewater networks are designed and positioned to ensure that there will be no build-overs on any residential lots.








11. Prior to the issue of a s.224(c) certificate, the Applicant must establish a residents’ incorporated society (Incorporated Society) to own, manage and maintain the Communal Lots, COALs and all associated communal infrastructure, including the upkeep or replacement of pavement surfaces and markings and associated signage of all car parks within the COALs (provided that the Applicant must carry out the initial marking of car parks) and:


















Advice notes




12. At the time of application for a certificate under s.224(c) of the RMA, pursuant to Regulation 10(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the consent holder must provide a SVR from a suitably qualified person


confirming that the site has been remediated in accordance with the requirements of BUN60368786 or any subsequent variations issued to that consent. The SVR must:







14. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct vehicle accessways and COALs in accordance with the relevant approved reports and plans set out in Condition 1 and in accordance with the Council's Code of Practice for City Infrastructure and Land Development.



Advice notes


(b) Please contact the Council to obtain the current engineering requirements for the construction of the type of vehicle accessway proposed.



17. The Applicant must construct the new vehicle crossings in accordance with the Auckland Transport Code of Practice 2013. The crossings must maintain an at-grade (level) pedestrian footpath across the length of the crossing, using the same materials, kerbing, paving, patterns and finish as the existing footpath on each side of the crossing. This must be undertaken at the consent holder’s expense and to the satisfaction of the Council.

18. Prior to the issue of a s.224(c) certificate, all redundant vehicle crossings must be removed and reinstated as kerbing and footpath to Auckland Transport Design Manual requirements, including a regrade of the footpath across the vehicle crossing to 2% cross-fall. This must be undertaken at the Applicant’s expense and to the satisfaction of the Council.


Advice notes




20. Prior to the issue of a certificate under s.224(c), the Applicant must provide and install road name signage in accordance with Council standards for private laneways and must consult with Te Kawerau ā Maki in preparing such names. The names must be as approved by the Council. In the context of this condition, all three laneways may have the same name if preferred by the Applicant.

Advice notes

(a) LINZ requires that private roads within common access lots or lot accesses comprising panhandle access strips and / or reciprocal rights of way easements that serve six (6) or more lots are to be named. LINZ has indicated that a name for the road or private road should be in place before the survey plan of subdivision is approved by the Council under s.223 of the RMA and advises that if no name is in place this could be problematic when titles are later requested.







23. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, an uncompleted works bond (at the Council’s discretion) may be entered into where any landscape works required by the conditions of this consent have not been completed in accordance with the approved plans. The bond amount shall must be 1.5 x the contracted rate of any outstanding works and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader prior to lodging the bond. The liability of the Applicant shall must not be limited to the amount of the bond.

Maintenance bonds

24. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, the Applicant must provide the Council with a refundable bond in respect of the maintenance of the landscaping works required by the conditions of this consent. The maintenance bond will be held for a period of two years from the issues of a practical completion certificate. The amount of the bond will be 1.5 x the contracted rate for maintenance and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader. The liability of the Applicant shall must not be limited to the amount of the bond.

Wastewater




Advice notes




Water



Advice notes



Stormwater




32. The Applicant must provide a comprehensive Whole of Life Cost Assessment to ensure that the most cost-effective stormwater management solution has been selected in accordance with Auckland Council Code of Practice Chapter 1 Section 1.5.5.2.

Commented [BM5]: See Stage A comment – make provision for





Electricity supply








Advice note

Private services within COALs do not need surveyor certificates where there is an easement provided over the whole COAL.

Consent Notices


(a) The Consent Holder (including residential lot owners from time to time) must maintain suitable stormwater attenuation for impermeable surfaces in

Commented [BM8]: Change to standard Utilities condition


Commented [BM10]: Need sub in accordance consent notice from standards conditions manual


accordance with the approved EPA plans, and must not do anything to compromise the stormwater management system for the development.




















41.42. The consent holder must cause to have registered against the Record of Title for Lots 5-8, 11-17 and 42-47, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it fronts Glengarry Road and West Coast Road as identified on Landscape Concept Drawings 20-028-02 V03 dated 13/07/2021 must be maintained and shall must not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”




(b) This consent notice shall must expire upon the relevant subdivision consent Reference SUB-B to SUB-E being implemented and titles issued for the relevant lots (Lots 1002 – 1007). The owner at the time may make an application to the Registrar-General of Land, pursuant to s.221(5) of the RMA to make an entry in the register and on any relevant instrument


of title noting that the consent notice has expired, without having to vary or cancel the consent notice under s.127 of the RMA.





SUB-D Nola Estate DRAFT CONDITIONS FOR FEEDBACK

CONDITIONS: SUBDIVISION CONSENT SUB-D (STAGE 4)




















SUB-D Nola Estate DRAFT CONDITIONS FOR FEEDBACK Page 2

GENERAL CONDITIONS



(b) 7 additional car parks within the COALs to be allocated on the final title plan; (c) 4 Communal Lots (private parks) to be held by the Incorporated Society (Lots

407,409, 410 and 411); and (d) 2 COALs to be held by the Incorporated Society (Lots 505 and 506);



Advice notes





(e) It is the responsibility of the Applicant to ensure that all information submitted and assessed as part of the subdivision consent is correct and can be implemented as per the subdivision consent (without requiring additional reasons for consent). Any subsequent approval processes (such as the EPA)


do not override the necessity to comply with the conditions of this resource consent.

Monitoring


Commencement date

3. This consent shall must commence in accordance with cl.37(9) of Schedule 6 of the FTA.

Lapse date






5. At EPA stage, the Applicant must include engineering design plans and supporting calculations confirming that:


(b) Retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(c) Detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and


(b)


Commented [BM1]: Specify what this related to


Commented [BM3]: See Stage A comment from Healthy Waters






(a) That Lots 407,409, 410 and 411 are to be held as COALs, with easements in favour of individual lots to protect their access, services, and other relevant rights;

(b) That Lots 505 and 506 are to be held by the Incorporated Society as parks and recreational areas and that:

(i) all Lots specified in Condition 5(a) and (b) are to be transferred to the Incorporated Society upon issue of a Record of Title; and

(ii) all Lots specified in Condition 5(a) and (b) must be held by the Incorporated Society in perpetuity.


(d) Whether dwelling owners are to own assets within the Communal Lots (including drains and private car parks within the COALs) and identify any necessary easements in favour of those owners; and

(e) That Lots 1005, 1006 and 1007 are to be held together until subdivided in accordance with SUB-E.








(e) Party wall support easements.



8.9. The survey plan must identify each car park lot to be amalgamated with the respective residential unit. Every residential unit must have one car park, except that Lots 229, 230, 231 and 232 are exempt from the requirements of this condition. Each car park allocated must not, without the consent of the Council, be transferred, leased, or otherwise disposed of.



9.1. At EPA stage, the Applicant must include engineering design plans and supporting calculations confirming that:


(a) Retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(b)(a) Detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and



10. The application for a certificate under s.224(c) of the RMA must be accompanied by certification from a suitably qualified person that the conditions of this subdivision



consent have been complied with, and any conditions which have not been complied with are subject to the following:

(a) A consent notice to be issued in relation to any conditions of this consent to which s.221 applies; and

(b) A completion certificate has been issued in relation to any conditions to which s.222 applies.




















Advice notes

(i) The requirements in Condition 11(f) and (g) may be bonded pursuant to s.222 of the RMA, provided that such management plans are provided within twelve (12) months of the s.224(c) certificate being issued. Management plans may be staged so as to only address the infrastructure currently held by or to be held following the relevant stage of development.



12. At the time of application for a certificate under s.224(c) of the RMA, pursuant to Regulation 10(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the consent holder must provide a site validation report from a suitably qualified person confirming that the site has been remediated in accordance with the requirements of BUN60368786 or any subsequent variations issued to that consent. The site validation report must:








14. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct vehicle accessways and COALs in accordance with the relevant approved reports and plans set out in Condition 1 and in accordance with the Council's Code of Practice for City Infrastructure and Land Development.



Advice notes




17. The Applicant must construct the new vehicle crossings in accordance with the Auckland Transport Code of Practice 2013. The crossings must maintain an at-grade (level) pedestrian footpath across the length of the crossing, using the same materials,


kerbing, paving, patterns and finish as the existing footpath on each side of the crossing. This must be undertaken at the Consent Holder’s expense and to the satisfaction of the Council.



Advice notes

(a) An approval letter and completion certificate from Auckland Transport is required to be submitted to the Council as a verification that Auckland Transport has completed approval and a final vehicle crossing inspection before this condition is considered fulfilled.



20. Prior to the issue of a certificate under s.224(c), the Applicant must provide and install road name signage in accordance with Council standards for private laneways and must consult with Te Kawerau ā Maki in preparing such names. The names must be as approved by the Council. In the context of this condition, all three laneways may have the same name if preferred by the Applicant.

Advice notes

(a) LINZ requires that private roads within common access lots or lot accesses comprising panhandle access strips and / or reciprocal rights of way easements that serve six (6) or more lots are to be named. LINZ has indicated that a name for the road or private road should be in place before the survey plan of subdivision is approved by the council under s.223 of the RMA and advises that if no name is in place this could be problematic when titles are later requested.







23. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, an uncompleted works bond (at the Council’s discretion) may be entered into where any landscape works required by the conditions of this consent have not been completed in accordance with the approved plans. The bond amount shall must be 1.5 x the contracted rate of any outstanding works and must be agreed in consultation with the Monitoring Team Leader and in consultation with Council’s Parks Planning Team Leader prior to lodging the bond. The liability of the Applicant shallmust not be limited to the amount of the bond.

Maintenance bonds

24. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, the Applicant must provide the Council with a refundable bond in respect of the maintenance of the landscaping works required by the conditions of this consent. The maintenance bond will be held for a period of two years from the issues of a practical completion certificate. The amount of the bond will must be 1.5 x the contracted rate for maintenance and must be agreed in consultation with the Monitoring Team Leader and in consultation with Council’s Parks Planning Team Leader. The liability of the Applicant shall must not be limited to the amount of the bond.

Wastewater



Advice notes





Water



Advice notes



Stormwater





Electricity supply












Advice note


Consent Notices



(b) Residential lot owners must be and continue to be a member of the Incorporated Society for the duration of the ownership of their Lot (and transfer their membership of the Incorporated Society when they sell their

Commented [BM8]: Change to standard utilities condition as per Stage A


Commented [BM10]: Add SUB in accordance with approved LUC standard CN


lot). Residential lot owners must comply with the rules of the Incorporated Society.


















Specimen tree management – Glengarry Road

41.42. The consent holder must cause to have registered against the Record of Title for Lots 205-207, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it fronts Glengarry Road as identified on Landscape Concept Drawings 20-028-05 V03 dated 13/07/2021 must be maintained and shall must not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”

Specimen tree management – perimeter sites

42.43. The consent holder must cause to have registered against the Record of Title for Lots 144 -149, 209 - 232 and Lots 233 - 246, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it shares a common boundary with Lot 41 DP19309, Lots 2-7 DP 181110, Lot 3 DP129103 and Lot 33 DP19309 and as identified on Landscape Concept Drawings 20-028-03 to 05 V03 dated 13/07/2021 must be maintained and shall must not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”





(b) This consent notice shall must expire upon the relevant subdivision consent Reference SUB-B to SUB-E being implemented and titles issued for the relevant lots (Lots 1002 – 1007). The owner at the time may make an application to the Registrar-General of Land, pursuant to s.221(5) of the RMA to make an entry in the register and on any relevant instrument of title noting that the consent notice has expired, without having to vary or cancel the consent notice under s.127 of the RMA.


44.45. The Consent Notice Instruments will be prepared by Auckland Council’s solicitors at the cost of the Applicant and will contain the terms and conditions the solicitors usually include in such documents. The Applicant’s solicitor must contact the Monitoring Team Leader to request the Consent Notice Instruments to be prepared and registered. The following documentation must accompany the request:



SUB-E Nola Estate DRAFT CONDITIONS FOR FEEDBACK

CONDITIONS: SUBDIVISION CONSENT SUB-E (STAGE 5)




















SUB-E Nola Estate DRAFT CONDITIONS FOR FEEDBACK Page 2

GENERAL CONDITIONS



(b) 12 additional car parks within the COALs to be allocated on the final title plan; (c) Lots accommodating commercial use being Lots 248-252; (d) Lot 247 to be held by the Incorporated Society accommodating a communal

storage facility; (e) Lot 502 (private park) to be held by the Incorporated Society as a Communal Lot;

and (f) 2 commonly owned access lots (COALs) to be held by the Incorporated Society

(Lots 405 and 406);



Advice notes


(b) Details and specifications for the provision of infrastructure (e.g., public/ private drainage, location, and types of connections) and access (including drainage of accessways, construction standards etc) are subject to a separate Engineering Plan Approval (EPA) and/or Building Consent approval process.


(d) Similarly, should the detailed design stage demonstrate that additional reasons for consent are triggered (e.g., after detailed survey the access gradient


increases to now infringe or increase an approved infringement to a standard in the plan), a new or varied resource consent is required.


Monitoring


Commencement date

3. This consent shall must commence in accordance with cl.37(9) of Schedule 6 of FTA).

Lapse date

4. Under cls.(7) and (8) of Schedule 6 of the FTA, this consent will lapse two years from the date of commencement unless:





5. At EPA stage, The Applicant must include engineering design plans and supporting calculations confirming that:




Commented [BM1]: Specify what this relates to





(b)




(a) That Lots 405 and 406 are to be held as COALs, with easements in favour of individual lots to protect their access, services, and other relevant rights;

(b) That Lot 502 is to be held by the Incorporated Society as parks and recreational areas;

(c) That Lot 247 is to be held as a Communal Lot (storage facility) and that:

(i) all Lots specified in Condition 5(a) - (c) are to be transferred to the Incorporated Society upon issue of a Record of Title and;

(ii) all Lots specified in Condition 5(a) - (c) must be held by the Incorporated Society in perpetuity;

(d) Whether any service provider is to own assets within the COALs and identify any necessary easements in favour of the service provider to ensure that services have the necessary legal authority (services include water supply, wastewater, stormwater, power, telecommunications and computer media and gas); and

(e) Whether dwelling owners are to own assets within the Communal Lots (including drains and private car parks within the COALs) and identify any necessary easements in favour of those owners.










(e) Party wall support easements.



8.9. The survey plan must identify each car park lot to be amalgamated with the respective residential unit. Every residential unit must have one car park. Each car park allocated must not, without the consent of the Council, be transferred, leased, or otherwise disposed of.



9.1. At EPA stage, The Applicant must include engineering design plans and supporting calculations confirming that:


(a) retention (volume reduction) of a minimum of 5mm runoff depth for all impervious areas will be achieved; and

(b)(a) detention (temporary storage) with a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 95th percentile, 24-hour rainfall event minus the retention volume for all impervious areas will be achieved; and






(a) A consent notice to be issued in relation to any conditions of this consent to which s.221 applies; and

(b) A completion certificate has been issued in relation to any conditions to which s.222 applies.




















Advice notes




12. At the time of application for a certificate under s.224(c) of the RMA, pursuant to Regulation 10(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the consent holder must provide a SVR from a suitably qualified person


confirming that the site has been remediated in accordance with the requirements of BUN60368786 or any subsequent variations issued to that consent. The SVR must:





13. Unless specifically provided for by this consent approval, there must be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks and construction activity. In the event that such damage does occur, the Monitoring Team Leader must be notified within twenty-four (24) hours of its discovery. The costs of rectifying damage and restoring the asset to its original condition must be met by the Consent Holder.


14. Prior to the issue of a certificate under s.224(c), the Applicant must design and construct vehicle parking (including any parking associated with Lots 248-252), accessways and COALs in accordance with the relevant approved reports and plans set out in Condition 1 and in accordance with the Council's Code of Practice for City Infrastructure and Land Development.



Advice notes





17. The Applicant must construct the new vehicle crossings in accordance with the Auckland Transport -Transport Design Manual. The crossings must maintain an at-grade (level) pedestrian footpath across the length of the crossing, using the same materials, kerbing, paving, patterns and finish as the existing footpath on each side of the crossing. This must be undertaken at the consent holder’s expense and to the satisfaction of the Council.



Advice notes




20. Prior to the issue of a certificate under s.224(c), the Applicant must provide and install road name signage in accordance with Council standards for private laneways and must consult with Te Kawerau ā Maki in preparing such names. The names must be as approved by the Council. In the context of this condition, all laneways may have the same name if preferred by the Applicant.

Advice notes

(a) Land Information New Zealand (LINZ) requires that private roads within common access lots or lot accesses comprising panhandle access strips and / or reciprocal rights of way easements that serve six (6) or more lots are to be named. LINZ has indicated that a name for the road or private road should be in place before the survey plan of subdivision is approved by the council under


s.223 of the RMA and advises that if no name is in place this could be problematic when titles are later requested.



21. Prior to the issue of a certificate under s.224(c), the Applicant must construct and fit out both the private and communal bicycle storage facilities to service Stage 5 and the communal storage facility on Lot 247 in general accordance with the plans set out in Condition 1.

22. A report from a suitably qualified person must be provided to the Monitoring Team Leader confirming that:

(a) Each bicycle storage facility has been provided with sufficient power outlets to accommodate the recharging of e-bikes; and

(b) The communal storage facility has been suitably fitted out to accommodate it’s intended end use.

Advice note

The requirements for the fit-out of the communal storage facility are specified at Condition 18(b) of the land use consent.


23. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, an uncompleted works bond (at the Council’s discretion) may be entered into where any works required by the conditions of this consent have not been completed in accordance with the approved plans. The bond amount shallmust be 1.5 x the contracted rate of any outstanding works and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader prior to lodging the bond. The liability of the Applicant shall must not be limited to the amount of the bond.

Maintenance bonds

24. Prior to the issue of a certificate under s.224(c) and in accordance with s.108(2)(b) of the RMA, the Applicant must provide the Council with a refundable bond in respect of the maintenance of the works required by the conditions of this consent. The maintenance bond will be held for a period of two years from the issues of a practical completion certificate. The amount of the bond will must be 1.5 x the contracted rate


for maintenance and must be agreed in consultation with the Monitoring Team Leader in consultation with Council’s Parks Planning Team Leader. The liability of the Applicant shallmust not be limited to the amount of the bond.

Wastewater



Advice notes




Water



Advice notes



Stormwater






Electricity supply











Commented [BM8]: Replace with Utilities condition as per Stage A


Advice note


Consent Notices










Commented [BM10]: Need to add Sub in accordance with an approved LUC standard CN from subdivision condition manual













Specimen tree management – perimeter planting

41.42. The consent holder must cause to have registered against the Record of Title for Lot 252, Lots 405-406, Lots 134, 138-142, a Consent Notice pursuant to s.221 of the RMA recording the following condition to be complied with on an ongoing basis:

“The specimen tree planting proposed within each lot where it shares a common boundary with Lot 33 19309, as identified on Landscape Concept Drawings 20-028-03 V03 dated 13/07/2021 must be maintained and shallmust not be removed without the written consent of the Council, except where such trees are (by reason of tree death, destruction, or damage) being replaced by equivalent trees.”


Limitation on use of communal storage facility

42.43. The Applicant must cause to have registered against the Record of Title for Lot 247, a Consent Notice pursuant to s.221 of the RMA, recording the following condition to be complied with on an ongoing basis:

The communal storage facility within Lot 247 must only be used for the purpose of Communal Storage Facilities by the Incorporated Society created pursuant to SUB-A and solely and exclusively by the owners and occupiers of residential lots established pursuant to LUC-A.





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