2906301775 LOT 147 DP 496259 - District Plan Map
Legend
ĂŻ
Open Cemetery
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Protected Feature
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Protected Tree Air Noise Boundary District Boundary
Medium Density Res Zone
Mt Aspiring National Park Boundary Outer Control Boundary
High Density Residential Sub-Zone A
High Density Residential Sub-Zone B
High Density Residential Sub-Zone C Airport Designation
Areas of Significant Indigenous Veg Arrowtown Scenic Protection Area Building Restriction Area
Max Building Height Restriction Area Commercial Precinct
Community Facility Sub-Zone
District Plan Designtated Areas Heritage Protection Order Historic Precinct
Hydro Generation Area
Penrith Park Vegetation Area A
Penrith Park Vegetation Area B
Penrith Park Visual Amenity Area
Qtown Heights Low Density Sub Zone Ski Area Sub-Zone
Queenstown Special Character Area Rural Residential Sub-Zone TCTZ
Visitor Accom Sub-Zone Unformed Roads
District Plan Zone
Airport Mixed Use
Arrotown Town Center
Ballantyne Road Mixed Use Zone Bendmeer Business
Corner Shopping Center
Deferred Rural Lifestyle Buffer Zone Deferred Rural Lifestyle Zone
Ferry Hill Rural Residential Sub-Zone Frankton Flats
Gibbston Character
High Density Residential Industrial A Industrial B
Kingston Village Special Zone Low Density Residential Meadow Park
Mount Cardrona Station Special Zone Open Space Penrith Park Quail Rise
Queenstown Town Center Remarkables Park
Res Atn Historic Mgmt Resort
Rural General
Rural Residential Rural Visitor
RuralLifestyle
Shotover Country Special Zone Three Parks Zone Township
Wanaka Town Center Water
O The information provided on Dekho is intended to be general information only. While considerable effort has been made to ensure that the information provided on this site is accurate, current and otherwise adequate in all respects. Queenstown Lakes District Council does not accept any responsibility for content and shall not be responsible for, and excludes all liability, with relation to any claims whatsoever arising from the use of this site and data held within.
Scale @A4 paper size - 1:2,500
0
90
180 Metres
Map produced by Queenstown Lakes District Council's Dekho GIS viewer
Map date: 20/03/2017
2906301775 LOT 147 DP 496259 - Hazard Map
Legend Dangerous Goods License
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LPG CYLINDER
POTENTIA LLY CONTAMINATED SITE
Flood Return period 150 Year 100 Year 75 Year Faults
50 Year Active Inactive
Potentially Contam inated Sites Contaminated S ites
Potentially Contaminated Sites Managed / Remediated Dangerous Goods Licence Landfill
Landslide Areas Active Pre-existing Schist Debris Landslides Pre-existing S chist Debris Landslides Dormant P re-existing Schist Debris Landslides Slope Failure Hazard in Superficial Deposits Shallow Slips and Debris Flows in Colluvium Debris Flow Hazards Rockfall Landslide Areas (Outside priority areas) Flooding - rainfall Flooding - damburst Erosion Areas Alluvial Fan High Hazard - Channels Alluvial Fan High Hazard - Incision Line Alluvial Fan High Hazard - Catchment Areas Alluvial Fan High Hazard - Hazard Area Alluvial Fan High Hazard - S ource Area
Alluvial Fan - ORC
fna - fan active bed fra - fan recently active fla - fan less recently active
Alluvial Fans Regional scale Active, Composite
Active, Debris-dominated Active, Floodwater-dominated Inactive, Composite Inactive, Debris-dominated Inactive, Floodwater-dominated
Liquefaction Risk
LIC 1 - Nil to Low LIC 1 (P) - Probably Low LIC 2 (P) - Possibly Moderate LIC 3 (P) - Possibly High Possibly Susceptible Susceptible
Avalanche Areas
O
Avalanche Areas
Lines and areas with approximate locations are shown with '-?-' The information provided on Dekho is intended to be general information only. While considerable effort has been made to ensure that the information provided on this site is accurate, current and otherwise adequate in all respects.Queenstown Lakes District Council does not accept any responsibility for content and shall not be responsible for, and excludes all liability, with relation to any claims whatsoever arising from the use of this site and data held within.
Scale @A4 paper size 1:7,500
0
280
560 Metres
Map produced by Queenstown Lakes District Council's Dekho GIS viewer
Map date:
20/03/2017
Hazard Register Legend
Queenstown Lakes District Council's (QLDC) hazard information has been collected from all known and available sources. Where a site indicates a hazard, further information may be available in the form of reports and printed maps. Contact QLDC records department for copies of additional information. Alluvial Fan High Hazard Investigations (Level 3)
Potentially Contaminated Sites
Incision Line
Potentially Contaminated Sites Managed or Remediated
Channels
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LPG Cylinder
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Potentially Contaminated Site
Contaminated Sites
Source Area
Landfill
Hazard Area
Alluvial Fan - ORC (Spatial accuracy +/- 20-50m) fna - fan active bed
Flooding - rainfall
Seismic Hazards - Faults
@ @
fra - fan recently active
fla - fan less recently active
Alluvial Fans Regional scale
Flood Return Period
Dangerous Goods Licence
Catchment Areas
Active
Inactive
(Spatial accuracy +/- 100-200m)
Active, Composite Active, Debris-dominated Active, Floodwater-dominated Inactive, Composite Inactive, Debris-dominated Inactive, Floodwater-dominated
Liquefaction Risk
Dangerous Goods License
See associated Liquefaction Investigation & Reporting Requirements for further explanation.
LIC 1 Nil to Low Risk (T&T 2012) (* +/- 10m)
LIC 1 (P) Probably Low Risk (T&T 2012) (* +/- 10m) LIC 2 (P) Possibly Moderate Risk (T&T 2012) (* +/- 10m) LIC 3 (P) Possibly High Risk (T&T 2012) (* +/- 10m) Possibly Susceptible (Opus 2002) (* +/- 50-100m) Susceptible (Opus 2002) (* +/- 50-100m)
Landslide Areas Active Pre-existing Schist Debris Landslides Pre-existing Schist Debris Landslides (Activity Unknown) Dormant Pre-existing Schist Debris Landslides Shallow Slips and Debris Flows in Colluvium Debris Flow Hazards Slope Failure Hazard in Superficial Deposits Rockfall
Flooding - damburst
Avalanche Areas
150 Year 100 Year 75 Year 50 Year
Scaled Maps Many published and unpublished maps have been used in compiling the Hazard Register, and it is important that users appreciate the distinction between map accuracy and the actual field position of hazard features. On a map scale of 1:50,000, a line width may be equivalent to 20m on the ground. At scales of 1:250,000 or more this equivalent line width is 70m or more. Some hazard information therefore has limited accuracy and accordingly is shown on small scale maps to reflect the scale of the source data. Contaminated Site information has been sourced from the ORC Database. Dangerous Goods Licences have been sourced from the QLDC Database. Landfill Data has been sourced from both the ORC and from QLDC. Faults Note: These fault rupture hazards have been updated using the most up to date information on the locations of the faults within the district obtained from the Institute of Geological and Nuclear Sciences. Flood Return Period Data has been prepared by URS in April 2003, using the Pearsons III Distribution model. Flood Note: Flood from Rainfall Hazard Zones are indicative of land which is likely to be affected by flooding. They are NOT the flood zone for 100 year floods, nor for a specific flood event such as November 1999. Dam Break Floods have a much lower likelihood of occurrence, as these flood events will occur only in the event of a dam break. The likelihood of a flood due to dam burst is less than 1 in 10,000 years. Avalanche Areas Note: The NZ Mountain Safety Council indicated a subjectively assessed hazard of mod high of the Remarkables, Treble Cone and Routeburn Track areas, and low for Coronet Peak and Cardrona areas.
Pre-existing or Potential Failure in Lake Sediments or Tertiary Sediments Piping potential in the Artesian Zone of the Wanaka Aquifer Potential Hazard - Debris Flood/Debris Flow Landslide Areas - non verified Erosion Areas
* = Spatial accuracy
Liquefaction Areas Note: This information indicates there may be a potential for Liquefaction Hazards and this would need to be considered by specific investigations.
Lines and areas with approximate locations are shown with '-?-'
T&T Ref: 880360.00/LR001 23 January 2013 Queenstown Lake District Council Private Bag 50072 Queenstown 9348
Attention: Ryan Clements
Dear Ryan
Queenstown Lakes District 2012 Liquefaction Hazard Assessment Summary Report 1.0 Introduction This letter report presents the results of a liquefaction risk assessment of the Queenstown Lakes District region. This assessment has been completed by Tonkin & Taylor Ltd (T&T) at the request of the Queenstown Lakes District Council (QLDC) and in accordance with the terms and conditions outlined in T&T proposal reference number 880360.00/LoE001. The work presented below was completed in October and November 2012.
2.0 Assessment Aim and Methodology The aim of this assessment is to refine the current QLDC liquefaction hazard maps using existing available ground investigation data. In addition to refining the mapping, further information with respect to the expected liquefaction risk, and an appropriate level of ground investigation, has be determined for the mapped areas. It is understood this information will be used to guide planners, developers and regulatory bodies when determining an appropriate level of ground assessment required for a particular area.
3.0 Information Sources The following sources of information have been used to complete this assessment; •
Published geological information;
•
Data held on the T&T database e.g. test pit, borehole, cone penetrometer and field mapping, from detailed geotechnical assessments complete across the Queenstown Lakes District;
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Otago Regional Council well and groundwater data, and;
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Information from other geological or geotechnical consultants where appropriate.
Tonkin & Taylor Ltd - Environmental and Engineering Consultants, 105 Carlton Gore Rd, Newmarket, Auckland, New Zealand PO Box 5271, Wellesley St, Auckland 1141, Ph: 64-9-355 6000, Fax: 64-9-307 0265, Email: auck@tonkin.co.nz, Website: www.tonkin.co.nz
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4.0 Proposed Liquefaction Categories and Mapping Liquefaction Investigation Categories (LIC) have been developed to provide guidelines on the liquefaction risk and recommended level of further investigation for a particular area. The categories range from LIC 1, for areas with an assessed low to nil risk of liquefaction, to LIC 3 (P), for areas which are assessed to have a ‘possibly high’ risk of liquefaction. The different categories reflect the level of information available for a particular area, and, where feasible, if liquefaction is expected to occur. Guidelines on the minimum requirements for ground investigation, and general comments/recommendations are also provided for each category. Full details of the proposed liquefaction categories are provided on the attached table.
5.0 Department of Building and Housing Guidelines This assessment correlates closely with work undertaken in Canterbury following the 2010 and 2011 earthquake events. In Canterbury a method to categorise the land based on the potential for vertical settlement and lateral spread (liquefaction deformation limits) has been developed. Department of Building and Housing (DBH) guidelines identify Technical Categories TC1, TC2 and TC3 with respect to ground movement in the Canterbury area, and also identify the minimum requirements for site investigation and appropriate methodologies for liquefaction analysis. (These 3 categories relate to the corresponding Liquefaction Investigation Categories.) The engineering requirements outlined by the DBH are considered appropriate for use in the Queenstown Lakes District and reference should be made to the DBH document “Guidelines for the investigation and assessment of sub-divisions on the flat in Canterbury – Minimum requirements for geotechnical assessment for land development (‘flatland areas’ of Canterbury region).
6.0 Limitations The information presented on the attached table and maps is limited by the availability of actual ground investigation data. It should be noted that the information used in this assessment was obtained in discrete locations and was not always obtained specifically for the purposes of completing liquefaction assessment work. A certain level of extrapolation was therefore required to determine the extent of the zones shown on the attached maps. It is therefore possible that areas at risk of liquefaction exist outside the mapped areas, and the mapped areas may be subject to a change of category if further ground investigation data becomes available. The summary maps are provided to give a quick overview of the mapped areas only. It is recommended that the QLDC GIS mapping be consulted for actual assessments of any particular area.
7.0 Further Work Specific geotechnical investigations would be required to further refine the mapping and extents of the categories as shown on the attached summary maps. All investigations should be completed in accordance with the DBH guidelines and are likely to comprise a combination of the following:
Queenstown Lake District Council
T&T Ref: 880360.00/LR001 23 January 2013
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•
Field mapping;
•
Test pitting;
•
SWS (Swedish Weight Sounding) testing
•
Heavy Dynamic Cone Penetrometer testing
•
Cone Penetrometer testing, and;
• Geotechnical drilling with standard penetration testing. It should be noted that field mapping and test pitting can only assess the ground at shallow depths and are therefore only suitable in limited cases for the purposes of assessing liquefaction potential. In accordance with the DBH requirements, light penetrometer testing (Scala) is not considered appropriate to be the primary method to determine the liquefaction potential. Appropriate ground investigation techniques are outlined in the DBH document “Guidelines for the investigation and assessment of sub-divisions on the flat in Canterbury – Minimum requirements for geotechnical assessment for land development (‘flatland areas’ of Canterbury region). Refining the maps on an on-going basis may be feasible as ground investigations are periodically completed across the Lakes District area for private developments, however this approach is likely to take many years to address problem areas.
8.0 Applicability This report has been prepared for the benefit of Queenstown Lakes District Council with respect to the particular brief given to us and may not be relied upon in other contexts or for any other purpose without our prior written review and agreement. TONKIN & TAYLOR LTD Environmental & Engineering Consultants
Report Prepared By:
Authorised for Tonkin & Taylor Ltd by:
.................................................................
..............................................................
Paul Faulkner Engineering Geologist
Graham Salt Project Director, Dunedin Group Manager
Attachments:
Table detailing the Categories for the Liquefaction Mapping Summary Maps of the Queenstown, Wanaka, Glenorchy and Kingston areas
23-Jan-13 p:\880360\qldc hazards\workingmaterial\880360.00 lr001 gas rev.docx
Queenstown Lake District Council
T&T Ref: 880360.00/LR001 23 January 2013
Table showing the Categories for the Liquefaction Mapping, related to DBH requirements in response to Canterbury earthquakes Liquefaction Investigation Category
Level of Data Available
Assessed Liquefaction Risk
Minimum requirements for geotechnical assessment for land development site investigations and reporting.
Comments
Probable Foundation Solution
LIC 1
Good knowledge of subsurface conditions from nearby sites in same geological terrain with no reported hazards.
Nil to Low
Additional geotechnical investigations are not mandatory (other than already prescribed in NZS 3604: Timber Framed Buildings to establish that the building platform is located entirely on good ground as defined in clause 3.1.3 of that standard). In the unlikely event that good ground is not confirmed or if saturated fine grained sediments (sands or silts) are present, then investigations shall proceed as for Zone LIC 2 (P).
Corresponds to DBH Technical Category 1 adopted for liquefaction following the Canterbury earthquakes. (LICC 1: Land damage from liquefaction is unlikely, and seismic ground deformations are expected to be within normally accepted tolerances.) Detailed investigations may still be required for non liquefaction related geotechnical aspects of the development, e.g. soft ground, deep cuts, fill placement, retaining wall design etc.
Use foundations as detailed in NZS 3604:2011 Timber Framed Buildings, as modified by B1/AS1 which requires ductile reinforcing in slabs (refer to the DBH’s information sheet at http://www.dbh.govt.nz/seismicityinfo)
LIC 1 Provisional
Surrounding sites investigated with generally no reported hazards but there is limited ability to project stratigraphy because of variable geomorphology or distance from sites with subsurface investigations.
Probably Low. (Expected to be low but requires specific investigations for a definitive assessment of liquefaction).
Investigations shall be in accordance with NZS 3604: Timber Framed Buildings and with DBH Guidelines (see Note 1 below). In the event that good ground is not confirmed or if saturated fine grained sediments (sands or silts) are identified, then reporting shall proceed as for Zone LIC 2(P). Review required by an engineering Geologist or geotechnical engineer.
LIC 1 is probable but uncertain.
If LIC 1 is confirmed, use foundations as detailed in NZS 3604:2011 Timber Framed Buildings, as modified by B1/AS1 which requires ductile reinforcing in slabs
Marginal to moderate liquefaction conditions identified elsewhere in the vicinity in similar terrain.
Possibly Moderate. (Nearest subsurface investigations are inadequate to establish a reliable category)
Deep geotechnical investigations and reporting in accordance with NZS 3604, DBH guidelines (see Note 1) and QLDC requirements, by a Certified Professional Engineer (CPEng).
LIC 2 is possible. (LIC 2: Minor to moderate land damage from liquefaction is possible in future large earthquakes.) Independent peer review recommended if any report recommends a solution without a recognised solution for liquefaction.
LIC 1 (P)
LIC 2 (P)
Depths of investigation may be reduced once stratigraphy is demonstrated to be consistent with surrounding sites.
http://www.dbh.govt.nz/seismicity-info
If LIC 2 is confirmed, use light- or medium-weight cladding, light-weight roofing with suspended timber floors and foundations in accordance with NZS 3604 Or Use foundation with enhanced slab (DBH Options 1 to 4, http://www.dbh.govt.nz/seismicity-info)
LIC 3 (P)
Severe liquefaction conditions identified elsewhere in similar terrain
Possibly High. (Nearest subsurface investigations are inadequate to establish a reliable category)
Deep geotechnical investigations and reporting in accordance with NZS 3604, DBH guidelines (see Note 1) and QLDC requirements, by a recognised geotechnical practitioner (CPEng).
LIC 3 is possible. (LIC 3 Moderate to significant land damage from liquefaction is possible in future large earthquakes) Independent peer review recommended.
If LIC 3 is confirmed, specific geotechnical engineering design required. Ground improvement or deep piles if suitable bearing layer <10 m. Slab support also required.
Notes 1)
In view of the significance of the Alpine Fault to Queenstown, liquefaction considerations should now acknowledge procedures recently adopted in Canterbury. Engineering requirements should therefore be as in the Department of Building and Housing document “Guidelines for the investigation and assessment of subdivisions on the flat in Canterbury - minimum requirements for geotechnical assessment for land development ('flatland areas' of the Canterbury region)” http://www.dbh.govt.nz/subdivisions-assessment-guide
2)
DBH requires that for each individual site, “visual assessment and reasonable enquiry does not suggest that the original classification (for liquefaction) is inappropriate and that normal geotechnical investigations are undertaken for the purposes of evaluating all other potential geotechnical issues”. For areas not yet categorised for liquefaction, site specific investigations are required. Note that DBH considers: “Scala Penetrometer testing (refer NZS 4402:1998 Test 6.5.2) is often useful as a shallow investigation tool in conjunction with the methods outlined above. However, Scala Penetrometer testing is not considered appropriate as the primary ground characterisation method for liquefaction purposes.”
3) Categories assigned in these maps assume founding within a metre of 2011 ground level or higher. For deeper excavations, site specific investigations are required. 4) Sections of the map that are not coloured have not yet been mapped for liquefaction in relation to current DBH criteria.
QUEENSTOWN LAKES DISTRICT File: RM071215
COU
Valuation Number: 2906301499
MCI
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19 May 2008
Riverside Residential Limited Cl- Paterson Pitts Partners (Wanaka) Limited PO Box 283 WANAKA 9343 Attention: Dan Curley Dear Sir DECISION OF THE QUEENSTOWN LAKES DISTRICT COUNCIL RESOURCE MANAGEMENT ACT 1991 RIVERSIDE RESIDENTIAL LIMITED - RM071215 We refer to your application for land use and subdivision consent under Section 88 of the Resource Management Act 1991 to subdivide a site into 242 residential allotments, an allotment for a communal pool complex, a number of other lots to be vested in Council as reserve or road, and access allotments to be held in communal ownership by the lots they serve. Land use consent is also sought to infringe the internal boundary recession plane and continuous building length requirements on designation lots. The application was considered under delegated authority pursuant to Section 34 of the Resource Management Act 1991 on 16 May 2008. This decision was made and its issue authorised by Jane Sinclair, Independent Commissioner, as delegate for the Council. The subject site is located at Aubrey Road, Wanaka and is legally described as Lot 2 Deposited Plan 402758 held in Certificate of Title 409017. As financial contributions were not provided for under the Transitional District Plan, section 409(4) of the Act requires that the application be considered as a controlled activity, with control restricted to the matter of financial contributions. Under the Partially Operative District Plan the site is zoned Township and Open Space and the proposed activity requires resource consent for the following reasons: Land Use A restricted discretionary activity pursuant to Rule 9.2.3.3 because the proposal does not comply with Site Standard 9.2.5.1 (vi) relating to continuous building length. A non-complying activity pursuant to Rule 9.2.3.4 because the proposal does not comply with Zone Standard 9.2.5.2(ii) relating to recession planes.
i Lakes Environmental Limited, Private Bag 50077, Queenstown 9348, Tel 03-450 0300, Fax 03-442 4778.
•
A non-complying activity pursuant to Rule 20.2.2.5(i) relating to earthworks in the Open Space Zone, that are not associated with the creation of walking the cycling trails.
Subdivision ■
A controlled activity pursuant to Rule 15.2.3.2(ii) relating to subdivision of land for the purposes of creating an Open Space Zone and public access easements through the zone.
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A discretionary activity pursuant to Rule 15.2.3.3 (i) because the proposal does not comply with Site Standard 15.2.6.2(ii) which specifies that the dimensions of all lots created by subdivision shall be such that they can accommodate a square with dimensions 15m x 15m.
■
A non-complying activity pursuant to Rule 15.2.3.4(i) because the proposal does not comply with Zone Standard 15.2.6.3 which specifies that in Riverside Stage 6 Sub-Zone A there must be an average lot size of 600m2. The average lot size proposed is 518m2 in area.
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A non-complying activity pursuant to Rule 15.2.3.4(iv) which specifies that any subdivision within an Open Space Zone, further to subdivision pursuant to 15.2.3.2(ii) shall be a noncomplying activity.
Overall, the application is considered to be a non-complying activity. The application was considered on a non-notified basis in terms of Section 93(1 )(b) whereby the consent authority were satisfied that the adverse effects of the activity on the environment will be minor and in terms of Section 94(2) whereby no persons were, in the opinion of the consent authority considered to be adversely affected by the activity. Decision 1
Land Use
Consent is GRANTED pursuant to Section 104 of the Act, subject to the following conditions imposed pursuant to Section 108 of the Act: 1
That the development be carried out in accordance with the plans (Paterson Pitts Ltd "Common Boundaries for Duplex Lots" Job No. W2310, Sheets 2, 3 and 4 dated Feb 08 - stamped as "Approved Plans" dated 15 May 2008) and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2
That unless it is otherwise specified in the conditions of this consent, compliance with any monitoring requirement imposed by this consent shall be at the consent holder's own expense.
3
The consent holder shall pay to the Council an initial fee of $100 for the costs associated with the monitoring of this resource consent in accordance with Section 35 of the Act.
4
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 133 and 246, 137 and 239, 138 and 247, 144 and 249, 143 and 238, 142 and 237, 141 and 248, 95 and 245, 178 and 250, 184 and 251, 185 and 252, 88 and 244, 87 and 243, 86 and 242, 47 and 241, 38 and 240, 34 and 236, 190 and 253.
5
Rules 9.2.5.1 (vi) and 9.2.5.2(ii) of the Partially Operative District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Partners "Lots 1 to 253, 976-998 being subdivision of Lot 2 RM071044" Sheets 2 and 3 dated Feb 08. Lots: 133 and 246, 137 and 239, 138 and 247, 144 and 249, 143 and 238, 142 and 237, 141 and 248, 95 and 245, 178 and 250, 184 and 251, 185 and 252, 88 and 244, 87 and 243, 86 and 242, 47 and 241, 38 and 240, 34 and 236, 190 and 253.
RM071215
6
The duration of this consent shall be ten years from date of this decision.
2
Subdivision
Consent is GRANTED pursuant to Section 104 of the Act, subject to the following conditions imposed pursuant to Section 220 of the Act: General Conditions 1
That the development be carried out in accordance with the plans (stamped as "Approved Plans" dated 15 May 2008) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - Paterson Pitts Ltd "Common Boundaries for Duplex Lots" Job No. W2310, Sheets 2, 3 and 4 dated Feb 08 - Paterson Pitts Ltd "Lots 1 to 253, 976-998 being subdivision of Lot 2 RM071044" Job No. W2310, Sheets 1-4 dated May 08. - Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas excluding RM071059" Job No. W2310, Drawing W2310/5, dated 10/04/08 - Paterson Pitts Ltd "OSZ Earthworks for Proposed Subdivision of Lot 2 RM071044" Job No. W2310, Layout OSZ, dated 31/01/08 - Paterson Pitts Ltd "Subdivision Consent Design & Natural Contours" Job No. W2310, Drawing 1 of 2, dated 12/11/07 - Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas" Job No. W2310, Drawing 2 of 4, dated 12/11/07 - Paterson Pitts Ltd "Earthworks Consent Drawings" Job No. W2310, Drawing 3 of 4, Rev O, dated 19/02/08 - Paterson Pitts Ltd "Earthworks Consent Drawings Section A-AA" Job No. W2310, Drawing 3 of 5, Rev O, dated 12/12/07
2
That unless it is otherwise specified in the conditions of this consent, compliance with any monitoring requirement imposed by this consent shall be at the consent holder's own expense.
Engineering Conditions 3
This subdivision may be staged. For the purposes of issuing approvals under Sections 223 and 224(c) of the Resource Management Act 1991, the conditions of this consent shall be applied only to the extent that they are relevant to each particular stage proposed. This consent may be progressed in the following stages: a)
Stage 1 - consists of 67 residential lots, being Lots 1 to 47, 86 to 89, 184 to 190, 236, 240 to 244, and 251 to 253, Service Lane Lots 225 to 229, Road to Vest Lot 980, and Reserves to Vest Lot 990 and 998.
b)
Stage 2 - consists of 59 residential lots, being Lots 48 to 63, 71 to 73, 166 to 171, and 191 to 224, Lot 983 (to be amalgamated with Lot 51 DP 7458), Roads to Vest Lots 981 & 982, Reserve to Vest Lot 997, and Local Purpose (Utilities) Reserve Lot 984.
c)
Stage 3 - consists of 63 residential lots, being Lots 64 to 70, 74 to 85, 90 to 97, 138 to 141, 150 to 165, 172 to 183, 245, 247, 248 and 250, Service Lane Lots 230 to 233, Reserve to Vest (Walkways) Lots 987 to 989, Road to Vest Lot 979, Reserves to Vest Lot 992, Lot 994 and Lot 996, Amenity Area Lot 991.
RM071215
d)
Stage 4 - consists of 53 residential lots. Lots 98 to 137, 142 to 149, 237 to 239, 246 and 249, Service Lane Lots 234 & 235, Reserve to Vest (Walkways) Lot 985 & 986, Road Reserves to Vest Lots 977 & 978, Recreation Reserves to Vest Lot 993, 995 & 996.
All engineering works shall be carried out in accordance with the Queenstown Lakes District Council's policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. The subdividing owner of the land shall provide a letter to the Council advising who their representative is for the design and execution of the engineering works and construction works required in association with this subdivision and shall confirm that these representatives will be responsible for all aspects of the works covered under Sections 1.4 & 1.5 of NZS4404:2004 "Land Development and Subdivision Engineering", in relation to this development. Prior to the commencement of any works on the land being subdivided and prior to the Council signing the Title Plan pursuant to section 223 of the Resource Management Act 1991, the consent holder shall provide to the Queenstown Lakes District Council for review and approval, copies of specifications, calculations and design plans as is considered by Council to be both necessary and adequate, in accordance with Condition (4), to detail the following engineering works required: a)
The provision of a water supply to all lots, including recreation reserves to vest, in terms of Council's standards and connection policy. The water supply reticulation for Stage 1 shall include a minimum of a 150mm diameter line from the existing main in Aubrey Road with a pressure reducing valve (PRV). Each connection shall include an Acuflow GM900 as the toby valve. The costs of the connections shall be borne by the consent holder.
b)
The provision of fire hydrants with adequate pressure and flow to service the development with a Class W3 fire risk in accordance with the NZ Fire Service Code of Practice for Firefighting Water Supplies 2003. Any lesser risk must be approved in writing by Fire Service NZ, Dunedin Office.
c)
The provision of a foul sewer connection from all lots and the upstream catchment area to Council's reticulated sewerage system in accordance with Council's standards and connection policy. The design of the sewerage system is to incorporate provision for the upstream catchment area. No connection to the Council system is permitted until such time as evidence is provided to show the necessary upgrades on the existing wastewater network have been undertaken. The costs of the connections shall be borne by the consent holder.
d)
The provision of a connection from all impervious areas in all lots to the Council reticulated stormwater disposal system. The stormwater reticulation shall the provision of stormwater detention ponds, taking account of the Auckland Regional Council's design guidelines. The costs of the connections shall be borne by the consent holder. The provision of a sealed vehicle crossing that shall be constructed to the following lots to Council Standards, including compliance with Rule 14.2.4.2 of the Partially Operative District Plan: i) ii) iii) iv)
rfn
Stage 1: Right of Way access serving Lots 10 & 11; Lot 15; Lot 40. Stage 2: Right of Way access serving Lots 218 and 219; Lot 58 Stage 3: Right of Way access serving Lot 66 and Lot 70; Lot 65; Lot 77. Stage 4: Right of Way access serving Lots 146 to 148; Right of Way access serving Lots 118 & 120; Lot 102; Lot 105; Lot 111; Lot 128.
The nature and extent of all earthworks associated with the subdivision, including the submission of a geotechnical review of the design of the link road (Lot 977) to Aubrey Road through the escarpment area.
RM071215
g)
The formation of all roads and access lots, in accordance with Council's standards, the Riverside Park Roading Heirarchy Plan (Boffa Miskell Limited, dated 3 October 2007) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions: (jj)
The construction of the link road (Lot 977) through the escarpment to Aubrey Road shall incorporate any recommendations outlined in the geotechnical review of the design.
MiW ^^^
Car parking shall be provided along the primary and secondary roads in accordance with Council's standards and Table 3.1 of Council's amendments to NZS4404:2004, or a suitable alternative design approved by Council.
iii)
All car parking areas shall be sealed and designed in accordance with Council's standards and Table 1, Appendix 7 of the Partially Operative District Plan.
iv)
Provision shall be made for the disposal of stormwater from all road carriageways, including the private rear access lanes and rights of way, with consideration given to "green engineering" solutions for drainage in accordance with Partially Operative District Plan requirements as specified under Rule 9.3.2(iii)(c)(iii).
v)
Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council.
vi))
Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07.
(VHJ)
Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads.
(viii)} ^-^
The Aubrey Road intersection shall be designed with sealed shoulders and tapered edge-lines in accordance with the recommendations of the Urbis TPD Limited report & Diagram 4 (Localised Road widening Commercial Access) of the Partially Operative District Plan.
ix)
The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibiiity to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007.
Prior to commencing any work on the site the consent holder shall install a vehicle crossing/entrance off Sherwin Avenue, which all construction traffic shall use to enter and exit the site. The minimum standard for this crossing/entrance shall be a 50m long compacted depth of 150mm AP40 metal. This crossing shall be upgraded in accordance with Council's standards at the time the roading network is constructed on the site. No access for earthworks purposes shall be made directly on to or off SH6 without proof of permission from Transit New Zealand.
RM071215
9
All contractors' vehicles shall be parked within the site, not on public roads.
10
The consent holder shall submit to the Council for their records a copy of all relevant ORC consents required in association with the subdivision.
11
The consent holder shall install measures to control and or mitigate any dust, silt run-off and sedimentation that may occur. These measures shall be in accordance with the application and be implemented prior to the commencement of any earthworks on site and shall remain in place for the duration of the project. Water for dust suppression must be from an approved source only. Council owned reticulated water supplies shall not be utilised unless specific permission has been obtained, in writing, from the Utilities Committee. A copy of that permission shall be forwarded for inclusion on the file prior to connection.
12
The consent holder shall provide Council with the name of a suitably qualified professional as defined in Section 1.4 of NZS4404:2004 that is to supervise the earthworks procedure. This engineer shall be responsible for assessing the condition of the site and implement any design changes / additions if and when necessary.
13
No more that 5.8Ha shall be exposed at any one time. Previously exposed areas are to be to a stage where they no longer can cause a dust nuisance before other areas are exposed.
14
The earthworks shall be undertaken generally in accordance with the Paterson Pitts Ltd Phasing Plan dated 10/4/07.
15
No earthworks shall extend into the escarpment hazard area without geotechnical engineer's report confirming to the satisfaction of Council that the earthworks will not increase the risk of instability.
16
Any temporary retention systems shall be installed immediately following excavation to avoid any possible erosion or instability.
17
The consent holder shall implement suitable measures to prevent deposition of any debris on surrounding roads by vehicles moving to and from the site. In the event that any material is deposited on any roads, the consent holder shall take immediate action, at their expense, to clean the roads. The loading and stockpiling of earth and other materials shall be confined to the subject site.
18
On the completion of the earthworks a suitably qualified engineer experienced in soils investigations shall provide certification, in accordance with NZS 4431 to confirm the suitability of each allotment within the site on which buildings are to be founded, including identification of any specific foundation requirements for the respective lots.
19
Within four weeks of completing the earthworks the consent holder shall submit to Council as built plan of the fill. This plan shall be in terms of New Zealand Map grid and shall show the contours indicating the depth of fill. Any fill that has not been certified by a suitably qualified and experienced engineer in accordance with NZS 4431 shall be recorded on the as built plan as "uncertified fill".
20
All earth-worked areas shall be progressively top-soiled and grassed or othenvise permanently stabilised.
21
No earthworks, temporary or permanent, are to breach the boundaries of the site.
22
Upon completion of the earthworks, the consent holder shall complete the following: a)
The consent holder shall remedy any damage to all existing road surfaces and berms that result from work carried out for this consent.
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b) 23
24
An engineer's design certificate/producer statement shall be submitted with regards to any permanent retaining walls on site.
Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: a)
The submission of 'as-built' plans in accordance with Council's 'as-built' standards, and information required to detail all engineering works completed in relation to or in association with this subdivision.
b)
The completion and implementation of all works detailed in Condition (6) above.
c)
Each lot created, for residential use, by this subdivision shall be provided with a minimum electricity supply of single phase 15kVA capacity. This supply shall be made available to the net area of the Lot. Each supply shall be underground from any existing reticulation.
d)
The consent holder shall provide a suitable and usable telecommunications connection to each lot. These connections shall be underground from any existing reticulation and in accordance with any requirements/standards of Telecom.
e)
Where this development involves the vesting of assets in the Council, the consent holder shall submit to Council a copy of the Practical Completion Certificate, including the date it was issued and when it lapses. This information will be used to ensure the Council's Engineering consultants are aware of the date where the asset is no longer to be maintained by the consent holder and to assist in budgeting for the Annual Plan.
f)
All signage, including road names, shall be installed and necessary road markings completed on all Public and Private Roads created by this subdivision.
g)
All road lighting shall be in accordance with Council's road lighting policies and standards. Any road lighting installed on private roads/rights of way/ access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council lighting network circuits.
h)
The planting of street trees in accordance with the plan "Riverside Park Street Tree Plan" by Boffa Miskell dated 3 October 2007.
i)
The vesting of Lots 976, 990, 992-994, 995-997 as recreation reserve, Lot 998 as local purpose reserve (stormwater and community hall) and Lot 984 as local purpose reserve (utility) shall be undertaken in accordance with the conditions of the resolutions of Council adopted on 27 April 2007 and 29 February 2008.
Prior to certification pursuant to section 224 of the Act and in accordance with section 221 of the Resource Management Act 1991, a consent notice shall be registered on the pertinent Certificate of Title for the performance of the following conditions on a continuing basis: a)
At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1 (v) the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: i)
Stage 1:
Access Access Access Access Access
Lane 225 Lane 226 Lane 227 Lane 228 Lane 229 -
Lots 33-38, 22, 25-27 Lot 45-47 & 241 Lots 86-89; Lots 242-244 Lots 185-190 Lot 184
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ii)
Stage 2:
Access Access Access Access
Lane 226 Lane 227 Lane 228 Lane 229
-
Lot 48 & 51 Lots 71 -73 Lots 191-197 Lot 171
iii)
Stage 3:
Access Lane 230 - Lot 74 (either from Access Lane 227 or 230), Lots 90-94, Lot 75-76, Lot 85, Lot 245 Access Lane 231 - Lots 172-183 Access Lane 232 - Lot 141 Access Lane 233 - Lots 139 & 247
iv)
Stage 4:
Access Lane 234 - Lots 142-144, Lots 237-238 Access Lane 235 - Lot 122, 132, 134-137, Lot 239, Lot 246
b)
Owners of Access Lots 225 to 235 (inclusive) shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots.
c)
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 133 and 246, 137 and 239, 138 and 247, 144 and 249, 143 and 238, 142 and 237, 141 and 248, 95 and 245, 178 and 250, 184 and 251, 185 and 252, 88 and 244, 87 and 243, 86 and 242, 47 and 241, 38 and 240, 34 and 236, 190 and 253.
d)
Rules 9.2.5.1 (vi) and 9.2.5.2(ii) of the Partially Operative District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Ltd "Common Boundaries for Duplex Lots" Job No. W2310, Sheets 2, 3 and 4 dated Feb 08. Lots: 133 and 246, 137 and 239, 138 and 247, 144 and 249, 143 and 238, 142 and 237, 141 and 248, 95 and 245, 178 and 250, 184 and 251, 185 and 252, 88 and 244, 87 and 243, 86 and 242, 47 and 241, 38 and 240, 34 and 236, 190 and 253.
e)
Habitable rooms in all residential dwellings shall comply with the ceiling, wall and glazing standards for Climate Zone 3 areas as outlined within the Building Act 1991 and subsequent amendments. Habitable rooms are defined as per the New Zealand Building Code - Definitions.
f)
The installation and operation of new domestic heating appliances shall be restricted to those that achieve the discharge standard for such appliances applicable to Albert Town as set out in the Regional Plan: Air for Otago.
g)
For any habitable room within 80m of the Stage Highway 6 carriageway, the owner for the time being shall either: Adhere to building standard AS/NZS 2107:2000, and provide a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the internal design noise level; or Adhere to the requirements set out in the Noise Insulation Construction Schedule, Table 1 in Part 15.2.6.3(i)(g) of the Partially Operative District Plan.
h)
Development on each residential allotment within Riverside Stage 6 is required to comply with the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or its successors and assigns) and may be subject to a design
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approval process prior to construction commencing. Riverside Residential Limited (or its successors and assigns) are the authority responsible for the design approval process.
25
i)
Fencing located adjacent to any resen/e boundary shall not exceed 1.2m in height,
j)
There shall be no further subdivision of any lot within Sub-Zone C.
All easements shall be granted or reserved.
Amalgamation 26 That Lot 983 hereon be transferred to the owner of Lot 51 DP 7458 (CFR OT366/238) and that one computer freehold register be issued to include both parcels (see Request 739674). Review 27
Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: (a)
To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage.
(b)
To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered.
(c)
To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Note (i)
The Council may elect to exercise its functions and duties through the employment of independent consultants.
(ii)
Construction of trails within the Open Space Zone has not been included in this assessment. Further resource consents may be required in accordance with Part 20 of the Partially Operative District Plan for these works.
(iii)
The communal pool complex, childcare centre and community hall have not been included in this assessment, and their identification on some of the plans does not prejudice the outcome of any future resource consents relating to these non-residential activities.
Reasons for the Decision Proposal Subdivision consent is sought to subdivide Lot 2 DP 402758 into 242 residential allotments, an allotment for a communal pool complex, a number of other lots to be vested in Council as resen/e or road, and access allotments to be held in communal ownership by the lots they serve. This is the area of land subject to Plan Change 12 and referenced in the Partially Operative District Plan as the Riverside Stage 6 site.
RM071215
10 The Outline Development Master Plan (ODMP) included 18 lots identified with a blue dot for duplex development and further subdivision. This subdivision application (RM071215) seeks to subdivide all 'blue dot' lots. Land use consent is also sought to breach the internal boundary recession plane and continuous building length rules between the common boundaries of the pairs of lots that were previously shown as a 'blue dot' lot on the ODMP. These land use consents are sought to ensure duplex development can be constructed without requiring further resource consents. A covenant is proposed to be imposed on every lot created by the subdivision of a 'blue dot' lot, requiring duplex development to be constructed. A ten year duration is sought for the land use consents. It is proposed to undertake the subdivision in four stages. The applicant has requested that the conditions of consent allow for the staging order to vary. As indicated on the Outline Development Master Plan, the site is accessed by Sherwin Avenue, Frye Crescent and Aubrey Road. Earthworks associated with the application include the following: • • • • • • •
40,000m3 topsoil to be stripped 35,000m3 topsoil to be re-spread 84,000m3 cut 70,000m3 filled to roads and lots (10,000m3 of this to be imported) 24,000m3 filled to reserves Maximum of 5.8 hectares to be exposed at any one time. Cuts of up to 2m in height and fill depths of 3.2m to construct the access road from Aubrey Road
A number of appendices to the application address servicing and earthworks considerations. Site and Locaiitv The land known as Riverside Stage 6 (the subject site) is 39.66 hectares in size. The site forms part of Certificate of Title 239322 which is 43.0889 hectares in size. The subject site is bounded by Aubrey Road to the west and south-west, Stage Highway 6 to the south-east and the existing settlement of Albert Town to the north. The site is triangular in shape and contains two flat river terraces separated by a steep escarpment of approximately 20m in height, which sweeps around the western edge of the site. The top terrace and escarpment face have been zoned Open Space Zone under Plan Change 12 and is vegetated predominantly with pockets of kanuka and exotic pasture grasses. The lower terrace is zoned Township and is currently vegetated with exotic pasture grasses with some small areas of wetland vegetation1 The site is surrounded by residential development. The adjacent land to the west, south-west and across State Highway 6 to the east is zoned Rural Residential and contains lots of approximately 4000m2 in size. To the north and north-east is the established settlement of Albert Town containing lots with a minimum lot size of approximately 800m2. Further to the north-east is the subdivision known as Riverside Terraces which is zoned Rural Residential but has lot sizes ranging from approximately 2000m2 to 4000m2. The outstanding natural feature of Mount Iron is located to the west of the site. Effects on the Environment Earthworks in Township Zone Resource consent RM071059 granted on 15 February 2008 provided for earthworks to create the stormwater treatment and disposal area in the northern portion of the site, and undertake earthworks to create some building platforms and level areas for roads. Effects on water bodies and groundwater were assessed as part of this consent, and also by the Otago Regional Council.
Palmer, D (2006) Riverside Stage 6 Plan Change - Albert Town. Ecological Assessment and Enhancement Plan.
RM071215
11 Earthworks proposed as part of this subdivision application include additional earthworks to form the roading network, and install the necessary services. The application states that there are no bulk earthworks or re-contouring of the ground. An exception to this is earthworks within the Open Space Zone, required to construct the access from Aubrey Road. This is discussed further below. Paterson Pitts Partners estimate that the total volume of earthworks required to construct the subdivision will be 253,000m3 of earthworks. With the exception of the access to Aubrey Road, the area to be earth-worked is very flat, and therefore stormwater runoff is expected to be minor and easily mitigated via the site management measures proposed in the report by Construction Management Services. A maximum of 5.8 hectares is proposed to be exposed at any one time, including the area of works approved through RM071059. The earthworks are proposed to occur up to the boundary of the subject site and adjoining properties to the north-east. The majority of these works are fill. Given the flat nature of the site Lakes Environmental's Engineer has not expressed any concerns relating -to effects on neighbouring properties, subject to a condition of consent being imposed requiring the application to demonstrate through detailed design that the earthworks are contained within the site boundaries and existing ground levels are maintained at site boundaries. A hydrogeological investigation by Tonkin & Taylor (dated May 2007, ref: 891001.1) identifies that groundwater levels are located within one metre of finished ground levels in localised areas, and the construction of service trenches may intercept groundwater and cause temporary drawdown. The applicant has obtained a number of resource consents from the Otago Regional Council (ORC consent numbers: 2007.569-570, 2007.638-641) relating to dewatering of the site, construction of bores, taking groundwater, various instream works that include damming and diverting, bed disturbance and sediment discharge. It is considered that adverse effects in terms of proximity of the earthworks to water have been addressed by the ORC and no further assessment is necessary. In terms of the landform itself, due to the flat topography of the site the proposed earthworks will not adversely affect the existing character of the Township zoned portion of the site (the lower terrace). Earthworks in Open Space Zone The earthworks proposed within the Open Space Zone are for the purpose of constructing the road access to the site from Aubrey Road. This road is included in the structure plan for Riverside and, given the steep nature of the escarpment over which the road traverses, earthworks are considered to be necessary and anticipated by the structure plan. This access road is located within an area identified on the Council's natural hazard register as being susceptible to slumping. This is discussed in the section below entitled "Natural Hazards." Other than those required to construct the access from Aubrey Road and the earthworks approved through RM071059, there are no additional earthworks proposed within the Open Space Zone as part of this current application RM071215. Overall, the adverse effects on the environment of the earthworks associated with the proposed subdivision are considered to be minor, and no person is considered to be adversely affected. Water Supply Water supply is proposed to be reticulated from the existing supply in Aubrey Road. Network modelling by Tonkin & Taylor (report dated 19th November 2007) states that adequate supply pressures and fire fighting supplies are available for each stage. This has been confirmed by Rationale. Some upgrades may be necessary. Development contributions are payable to offset the increased demand on the Council's water network. Overall there are no more than minor adverse effects on the Council's water network as a result ofthe proposed subdivision.
RM071215
12 Wastewater Wastewater is proposed to be directed to the existing gravity mains in Sherwin Avenue and Frye Crescent. Rationale has reviewed the application and undertaken network modelling, which has identified that the existing Council wastewater reticulation has insufficient capacity for the proposed subdivision. The LTCCP shows planned upgrades to the pipe sections in 2011 and upgrades to the pump station in 2015. The applicant has indicated that they are in negotiations with Council regarding the necessary upgrades, and timing of the upgrades. It is likely that the applicant will undertake the required upgrades on a cost reimbursement basis. Lakes Environmental's Engineer has recommended a condition of consent preventing connection to the Council's reticulated wastewater network until the necessary upgrades have been undertaken, to ensure adverse effects do not arise from insufficient capacity. Standard conditions of consent have also been recommended relating to the internal wastewater reticulation to service each stage. Stormwater Adverse effects from stormwater runoff associated with the proposed earthworks are discussed in the 'Earthworks' section above. Stormwater associated with the subdivision (excluding earthworks) is proposed to be reticulated to a series of stormwater detention ponds, which will have a controlled outlet to the existing Council reticulated stormwater system, with overland flows discharged to an existing open channel that flows into the Albert Town lagoon. Soakage pits within reserve areas are also proposed. The earthworks for the stormwater detention ponds were approved via RM071059. Lakes Environmental's Engineer is satisfied with the proposed stormwater disposal methods, subject to the detailed design being submitted for Council approval, and being in accordance with Council's standards. This can be ensured through a condition of consent. Energy and Telecommunications Letters from Delta Utility Services and Telecom NZ have been provided as evidence that the subdivision can be serviced with power supply and telecommunications. Overall, the adverse effects on the environment as a result of the proposed infrastructure methods are considered to be minor and no persons are considered to be adversely affected. Natural Hazards The escarpment which runs north-south along the western edge of the site is identified on the Council's natural hazards register as being an area of: "Steep slopes or banks with fine lake sediments, glacial till and colluvium with areas of known or apparent slumps. Slumps inferred from geomorphology, literature or prior knowledge." Lakes Environmental's Engineer has addressed this potential hazard as follows: "The construction of a Road through this escarpment from Aubrey Road to the subdivision will need to be designed and constructed taking account of this hazard. No geotechnical appraisal of this road construction has been undertaken. It is recommended that conditions of consent be imposed to require a geotechnical review of the road design with respect to stability of the escarpment, and the implementation of all requirements of that review." Subject to appropriate engineering design, the proposed access road from Aubrey Road is not considered to exacerbate any existing natural hazard.
RM071215
13 Average Lot Sizes in Sub-Zone A The minimum lot sizes for subdivision in Subzone A of Riverside Stage 6 as specified in Zone Standard 15.2.6.3(i)(a) require the following:
5055% of lots to be developed to a minimum area of 400m2 Average lot size of 600m2 Maximum lot size of 800m2
The assessment matters contained within the PODP for the Outline Development Master Plan included a requirement for 5055% of lots within SubZone A to be duplex development. The definition of duplex development is not defined in the PODP but was assumed to mean two residential units joined by a common wall. This is consistent with the applicant's interpretation of 'duplex' development, as confirmed during the ODMP process. The ODMP thus approved 18 lots within SubZone A with a blue dot to indicate potential for further subdivision and duplex development. With 33 lots in SubZone A, subdivision of all blue dots equates to 55% of lots in SubZone A being developed to a minimum area of 400m2. The applicant intends to undertake subdivision of these 'blue dot' lots as part of the current subdivision application, rather than leaving it for future purchasers to undertake if desired. Subdivision in this manner creates two issues of concern, which are discussed in more detail below: ■
The average lot size across SubZone A is approximately 518m2 rather than the 600m2 sought by the PODP; and
■
The resulting lots after the subdivision of 'blue dot' lots cannot meet the requirement for a 15m x 15m building square within each lot.
The density provisions for SubZone A allow for one residential unit per 400m2. With every lot in SubZone A being 800m2 (as shown on the ODMP), this essentially provides for two dwellings to be constructed on each lot as a permitted activity. With this permitted baseline in mind, the non compliance with the average lot size requirement is considered to be minor in effect, as the non compliance will not increase the number of dwellings permitted to occur within SubZone A. With regard to the building area within each lot, it is clear that this rule seeks to ensure all lots created by subdivision are suitable for their intended residential use. The 'blue dot' lots within SubZone A are intended for duplex units, and the applicant has offered a consent notice on these lots to enforce this. It seems unusual for the current landowner to seek subdivision of the blue dot lots before the duplex units are built, as the location of the boundary is somewhat arbitrary. Boundary adjustments are likely to be sought by future purchasers of the lot once the details of the built development, including the location of the party wall between the duplex units, are known. A positive aspect of the proposed subdivision of blue dot lots is that Council has the opportunity to assess the necessary servicing requirements for all anticipated development within Riverside Stage 6, rather than on an ad hoc basis as the duplex lots are slowly developed over time. No further subdivision can occur in any of the subzones without accruing a noncomplying activity status by virtue of being inconsistent with the ODMP. As the duplex developments on the 'blue dot' lots will be physically constructed after the subdivision of the lots, the duplex units are likely to infringe the recession plane requirement on the common boundary. The applicant has therefore sought a 'blanket' land use consent for development on 'blue dot' lots to infringe the recession plane rule, only on the boundary that separates a 'blue dot' lot into two allotments. This proposal does not give rise to any adverse effects, and will simplify administrative procedures for future lot owners. A 'blanket' land use consent for setback intrusions between duplex units is not necessary, as Rule 9.2.5.1 (iv)(d) of the PODP provides for the following:
RM071215
14 "Wo setback is required where residential or accessory buildings on adjoining sites have a common wall on an internal boundary provided that only one common wall is permitted per residential unit." Given the small size of the lots resulting from subdivision of 'blue dot' lots (400m2), and taking into limiting factors such as setback requirements, building coverage, and outdoor living space requirements, the remaining buildable space on the proposed lots is relatively small. The applicant has therefore applied to infringe the continuous building length rule, only on the boundary that separates a 'blue dot' lot into two allotments. This will provide some flexibility in building design for the duplex units, without creating any adverse effect beyond the boundaries ofthe 'blue dot' lots. Given the land use applications described above that effectively increase the buildable area within each 'blue dot' lot, an infringement of the rule relating to minimum 'shape factor' area is considered acceptable on the basis that a consent notice is imposed on the resulting lots to ensure duplex development occurs. This will give the Council certainty that the resulting two sections from the subdivision of each 'blue dot' lot will be comprehensively developed, and lots are not created and onsold without appropriate measures to inform future purchasers of the development restrictions. Overall, the adverse effects on the environment arising from the infringement of the 15m x 15m shape factor and associated recession plane and continuous building length rules are considered to be minor, and no party is considered to be adversely affected. Subdivision Layout and Amenity Subdivision design is consistent with that approved via the ODMP and is consistent with the type and scale of development anticipated in the Township Zone as amended by Plan Change 12 for Riverside Stage 6. Subdivision of Open Space Zone The application proposes to subdivide the Open Space Zone into three lots to be vested in QLDC as recreation reserve (Lots 995-997), one lot to be vested as local purpose reserve (stormwater, Lot 998) and one lot to be vested as local purpose reserve (utilities, Lot 984). The Council has accepted the vesting of all abovementioned reserves. Rule 15.2.3.4(iv) of the plan specifies subdivision within the Open Space Zone is a non-complying activity, unless for the purpose of creating an Open Space Zone and public access easements throughout that zone. The purpose of Lots 995-998 is to separate the Open Space Zone from the adjoining Township zoned land, and as these lots will be vested in Council as either recreation reserve or local purpose (drainage), and public access is assured. Three individual lots are proposed to be consistent with the staging plan for the subdivision. Proposed Lot 984 is located immediately adjacent to Aubrey Road, and is proposed to be vested in Council has local purpose reserve (utilities). It is understood that the site may be used as the base for a reticulated gas network to service the subdivision. The creation of this lot is not for the purpose of creating an Open Space Zone or public access, and is therefore considered to be a non-complying activity. The proposed local purpose reserve (utilities) is located on the edge of the Open Space Zone, next to a Rural Residential parcel of land that forms part of the Riverside Terraces subdivision. This location will ensure that any building constructed on the site will be viewed in conjunction with other built form. The site will not be clearly appreciable as Open Space Zone, and therefore effects on the overall integrity of the Open Space Zone are considered to be minor. Consent Notices In addition to the consent notices relating to duplex development and blanket infringements of recession plane and continuous building length as discussed above, Rule 15.2.6.3(i)(g) of the PODP specifically requires inclusion of the following consent notices:
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15
a)
Adherence to built form guidelines
The applicant has produced a Design Statement and Built Form Guidelines booklet to provide direction to future lot owners on acceptable building styles, materials, site layout and sustainable building design. The applicant proposes to enforce these guidelines via a private developer design approval process that lot owners must follow prior to applying for building consent. The developer design approval process is proposed to be enforced by private covenants, as outlined on page 20 of the ODMP application. The Design Statement and Built Form Guidelines booklet primarily contains suggestions as to what designs may be appropriate or inappropriate within Riverside Stage 6, rather than a list of permitted and prohibited activities. As part of the ODMP application, the applicant proposed wording for a number of design controls to be imposed via consent notice, to reflect the intentions of the Design Statement and Built Form Guidelines but in a manner that is enforceable by the Council. Some of the proposed design controls still do not read as 'rules' that can be enforced by the Council. An example of this is proposed design controls (a) and (f), which state: a)
All development shall at all times adhere to the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or its successors and assigns) to ensure a high quality residential environment is provided and maintained in the Riverside Park suburban environment.
f)
All buildings shall be constructed on-site from new or high quality recycled materials in a manner that will enhance the value and aesthetic appeal of the subdivision.
Some of the proposed design controls prohibit certain types of building styles, without explanation as to why they might be considered inappropriate. It is not considered appropriate for the Council to impose restrictive consent notices without clear reason or purpose. These types of prohibitions are better imposed as private covenants. Given that the applicant intends to impose these design controls via private covenant in addition to any consent notice the Council may impose, it is considered more appropriate to limit the consent notice to advising future lot owners of the private developer design approval process. This will avoid situations where the Council and the developer may disagree over appropriate building styles and designs, and will avoid the inefficiency of two independent enforcement agencies. Zone Standard 15.2.6.3(i)(g) of the PODP requires a consent notice on each new certificate of title in Riverside Stage 6 that requires adherence to the built form guidelines. Interpretation of the intent of this rule is contained in Assessment Matter 9.3.2(iii)(f)(i) which relates to the ODMP. This assessment matter states: "Appropriate building style and external appearance guidelines are provided, and methods for their implementation identified, such as via developer design approval processes, the use of a pattern book and/or the use of covenants or encumbrances." This assessment matter implies that private developer design approval processes and private covenants are an acceptable means of achieving acceptable urban design. However, Zone Standard 15.2.6.3(i)(g) requires built form guidelines to be imposed via a consent notice. An acceptable solution that meets the intent of Plan Change 12 is a consent notice that reads as follows: "Development on each residential allotment within Riverside Stage 6 is required to comply with the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or its successors and assigns) and may be subject to a design approval process prior to construction commencing. Riverside Residential Limited (or its successors and assigns) are the authority responsible for the design approval process." It is noted that the resolution of Council to accept the vesting of both the Open Space Zone reserves and recreation reserves within the Township zoned portion of the site is conditional upon boundary
RM071215
16 fencing not exceeding 1.2m in height. This should be ensured through a consent notice on the new Certificates of Title. b)
Adherence to insulation requirements
The application has proposed the following wording to be imposed via consent notice on all lots created within Riverside Stage 6: Habitable rooms in all residential dwellings shall comply with the ceiling, wall and glazing standards for Climate Zone 3 areas as outlined within the Building Act 1991 and subsequent amendments. This proposed consent notice is generally considered acceptable to meet the intent of the PODP, although it is considered appropriate to include a definition of 'habitable' to avoid any confusion in future administration and application of the rule. The New Zealand Building Code - Definitions provides a definition of 'habitable space' as follows: A space used for activities normally associated with domestic living, but excludes any bathroom, laundry, water-closet, pantry, walk-in wardrobe, corridor, hallway, lobby, clothes-drying room, or other space of a specialised nature occupied neither frequently nor for extended periods. This definition is considered appropriate and should therefore be added to the wording of the consent notice relating to insulation. It is also considered more appropriate to reference the Building Act 2004 as the Building Act 1991 is no longer the applicable legislation. c)
Restrictions on the use of solid fuel burners
The applicant has suggested the following wording for this consent notice: "The installation and operation of new domestic heating appliances shall be restricted to those that achieve the discharge standard for such appliances applicable to Albert Town as set out in the Regional Plan: Air for Otago." This consent notice will ensure all new domestic heating appliances comply with the relevant air quality standards set by the Otago Regional Council for Albert Town. Although the ORC has their own enforcement procedures for air quality standards, imposing this consent notice will inform future purchasers of lots within Riverside Stage 6 at an earlier stage of their responsibilities towards improving air quality within Albert Town. The wording of the consent notice allows the Regional Plan (Air) to vary without the consent notice becoming redundant. e)
For any habitable room within 80m of the Stage Highway 6 carriageway either: Adherence to building standard AS/NZS 2107:2000, and provision of a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the internal design noise level; or Adherence to the requirements set out in the Noise Insulation Construction Schedule, table 1 in part 15.2.6.3(i)(g).
The requirements set out above were developed during Plan Change 12 in consultation with Transit New Zealand, with the intention of protecting future purchasers from noise effects, and Transit New Zealand from reverse sensitivity effects. The wording set out above, as taken from the PODP, is considered appropriate to impose as a consent notice subject to the inclusion of the definition of 'habitable' as per the New Zealand Building Code. Further Subdivision of Sub-zone C Rule 15.2.6.3(i)(g) ofthe PODP also states:
RM071215
17 "Any subdivision of the Riverside Stage 6 site at Albert Town shall include a covenant on each resultant certificate of title within Subzone 'C that prevents further subdivision of these allotments." The minimum lot size in Sub-Zone C is 1000m2. There are no lots proposed within Sub-zone C that are large enough to subdivide as a controlled activity (ie exceed 2000m2 in size) and therefore any further subdivision within Sub-Zone C is a non-complying activity. Notwithstanding, the PODP requires a covenant as outlined above. It is considered that a consent notice achieves the same intent as a covenant and a condition of consent can ensure consent notices are registered on all lots within Sub-Zone C. Culture There are no known sites of cultural significance that are of relevance to the proposal. Roading Network The roading network was assessed as part of the ODMP, and considered to be appropriate subject to a number of conditions relating to car parking, detailed road design, intersection treatment etc. The proposed subdivision roading network is consistent with that approved by the ODMP, and therefore it is appropriate to replicate the conditions of consent. Earthworks and Construction Traffic Lakes Environmental's Engineer has recommended a number of conditions of consent to minimise adverse effects resulting from increased heavy vehicle movements during the earthworks and construction phases of the development. The proposed earthworks and subdivision construction are inseparable from the development anticipated by Plan Change 12 and the PODP, and therefore the adverse effects in terms of vehicle movements and vehicle noise are considered to be minor, subject to appropriate conditions of consent that restrict hours of operation and tracking of material onto public roads. Vehicle Crossings Rule 9.2.5.1(v) of the PODP requires all lots that are serviced by a rear access lane to locate all vehicle access and garaging from the rear access lane. Lakes Environmental's Engineer has recommended that a consent notice be registered on the new certificates of title advising future lot owners of their responsibility to construct a vehicle crossing to Council's standards, with the exception of specific lots where the applicant should construct the vehicle crossings now, due to limited location for access and/or proximity to intersections. All 'blue dot' lots have access to rear service lanes; however the proposal to subdivide each of these lots into two allotments results in a number of lots having frontage to main roads only rather than rear service lanes. This does not infringe the abovementioned Site Standard however; and therefore forms part of the permitted baseline. Dusf Dust is proposed to be controlled by limiting the area of exposed earth to 5.8 hectares, and using kline irrigation to dampen soils if necessary. The previous earthworks consent RM071059 included a condition of consent preventing any further earthworks from occurring until the dust nuisance from the initial 5.8 hectares has been eliminated, and it is considered appropriate to replicate that condition for this application. The applicant has requested use of the Council's reticulated water supply to achieve this, however only the Utilities Committee can overrule the Council policy which prohibits this activity. A condition of consent is acceptable requiring permission from the Utilities Committee for use of the reticulated water supply or an alternative approved source must be found. Lakes Environmental's Engineer is satisfied with this approach.
RM071215
18 Overall, it is considered that the adverse effects of a dust nuisance can be adequately avoided or mitigated and no person is adversely affected to a level greater than de minimus. Noise NZS 6803: 1999 Acoustics - Construction Noise recommends construction hours of 0730 hours to 1800 hours Monday to Saturday, and it is considered appropriate to require adherence to this as a condition of consent to preserve residential amenity for adjacent landowners. Subject to this restriction on hours of operation, the noise effects arising from the proposed earthworks will be temporary. The proposed earthworks are consistent with development of the site as provided for through Plan Change 12, which went through extensive public consultation. The noise effects of the proposed earthworks are therefore considered to be de minimus. Assessment Matters The relevant assessment matters are contained within Part 15 (Subdivision, Development and Financial Contributions) ofthe Partially Operative District Plan, and are discussed below: 15.2.6.4(1) Lot Size and Dimensions Lot size and dimensions were approved through the ODMP consent RM070996. The proposed subdivision is fully in accordance with the ODMP and is also considered to be consistent with the assessment matters relating to lot sizes and dimensions. The requirement for duplex development to be constructed on the 'blue dot' lots and the associated 'blanket' land use consent for a breach of recession planes and continuous building length rules will ensure development is comprehensively designed and the proposed lots are suitable for their anticipated land use. 15.2.7.3 Subdivision Design As stated above, the subdivision design was approved through the ODMP consent RM070996 and further assessment of the subdivision design is not necessary. 15.2.8.3 Property Access The safety and efficiency of the roading network and provision of pedestrian and cycle access was assessed through the ODMP application and considered to be acceptable. A roading contribution is payable to offset the increased demand on the Council's wider roading network. Additional conditions of consent have been imposed relating to the construction of vehicle crossings, and treatment of intersections between main roads and rear access lanes. Streetscape plans approved through the ODMP include street planting to enhance the character and amenity of the subdivision. 15.2.11.4 Water Supply Adequate potable water is available to service proposed subdivision, and development contributions will be levied to offset the increased demand on Council's infrastructure. 15.2.12.1 Stormwater Disposal The proposed stormwater design is considered acceptable and is consistent with the relevant assessment matters. 15.2.13.2 Sewage Treatment and Disposal The existing Council reticulated sewage system cannot cater for the full extent of the proposed subdivision, and upgrades will be necessary prior to completion of the subdivision. Conditions of consent prevent connection to the Council's reticulated network until these upgrades are undertaken, and the applicant is currently in negotiations with the Council regarding the timing of these upgrades and a possible cost-share agreement if the applicant undertakes the upgrades. 75.2.15.1 Energy Supply and Telecommunications
RM071215
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Delta and Telecom have confirmed that energy supply and telecommunications can be made available to the subdivision. 15.2.16.1 Open Space and Recreation The provisions for Open Space and Recreation have been addressed through the ODMP and the vesting of the Open Space Zone and several other neighbourhood reserves as recreation reserves. An agreement has been reached between the applicant and the Council regarding the vesting of the Open Space Zone in lieu of a reserve land contribution. Objectives and Policies The relevant objectives and policies are contained within Part 15 (Subdivision, Development and Financial Contributions) of the Partially Operative District Plan and are discussed below: Objective 1 - Servicing The provision of necessary services to the subdivided lots and developments in anticipation of the likely effects of land use activities on those lots and within the developments. Policies: 1.1 To integrate subdivision roading with the existing road network in an efficient manner, which reflects expected traffic levels and the safe and convenient management of vehicles, cyclists and pedestrians. 1.2
To ensure safe and efficient vehicular access is provided to all lots created by subdivision and to all developments.
1.3
To achieve provision of pedestrian, cycle and amenity linkages, where useful linkages can be developed.
1.4
To avoid or mitigate any adverse visual and physical effects of subdivision and development roading on the environment.
1.5
To ensure water supplies are of a sufficient capacity, including fire fighting requirements, and of a potable standard, for the anticipated land uses on each lot or development.
1.6
To ensure the provision of any necessary additional infrastructure for water supply, stormwater disposal and/or sewage treatment and disposal and the upgrading of existing infrastructure is undertaken by or paid for by subdividers or developers, in recognition of the scale and nature of the anticipated land uses.
1.7
To ensure the design and provision of any necessary infrastructure at the time of subdivision takes into account the requirements of future development on land in the vicinity.
1.8
To encourage the retention of natural open lakes and rivers for stormwater disposal, where safe and practical, and to ensure disposal of stormwater in a manner which maintains or enhances the quality of surface and ground water, and avoids inundation of land within the subdivision or adjoining land.
1.10
To ensure, upon subdivision or development, that all new lots or buildings are provided with connections to a reticulated water supply, stormwater disposal and/or sewage treatment and disposal system, where such systems are available.
1.11
To ensure adequate provision is made for the supply of reticulated energy, including street lighting, and communication facilities for the anticipated land uses, and the method of reticulation is appropriate to the visual amenity values ofthe area.
1.12
To ensure the requirements of other relevant agencies are fully integrated into the subdivision/development process.
RM071215
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As discussed in the assessment of environmental effects, it is considered that adequate provision has been made for the supply of water, electricity and telecommunications, and the disposal of wastewater and stormwater. Pedestrian and cycling linkages are to be provided throughout the Open Space Zone to be vested in Council as recreation reserve. The proposal is considered to be consistent with the above objective and policies. Objective 2 - Costs of Services to be Met by Subdividers The costs of the provision of services to and within subd ivisions and d evelopments, or the upgrading of services mad e necessary by that subd ivision and d evelopment, to be met by subdividers. Policies 2.1 To require subd ivid ers and d evelopers to meet the costs of the provision of new services or the extension or upgrad ing of existing services (includ ing head works) whether provid ed before or after the subdivision and/or development, and which are attributable to the effects of the subdivision or development, including where applicable: ■ Road ing and access; ■ Water supply; ■ Sewage collection, treatment and disposal; ■ Stormwater collection, treatment and disposal; Trade waste disposal; ' Provision of energy; ■ Provision of telecommunications. 2.2
Contributions to be in accordance with the method of determination specified in the Rules and be fair and reasonable.
A development contribution will be levied by the Council to mitigate the increased demand on the Council's reticulated water, wastewater and stormwater systems. A roading contribution is also payable to offset the increased demand on the Council's roading network. Objective 5 - Amenity Protection The maintenance or enhancement of the amenities of the built environment through the subdivision and development process. Policies: 5.1 To ensure lot sizes and dimensions provided for the efficient and pleasant functioning of their anticipated land uses, and reflect the levels of open space and density of built d evelopment anticipated in each area. The design of the proposed subdivision has been approved through resource consent RM070996 which approved the ODMP that the proposed subdivision is in accordance with. In addition, the objectives and policies contained in Part 20 (Open Space Zone - Landscape Protection) are relevant to the proposed subdivision, and are discussed below: Objective 2 To enable public use ofthe Open Space Zone for passive or informal recreational activities. Policies: 2.1 2.2
By ensuring public access is available to land within the zone. By providing for the creation of a limited number of passive recreation facilities eg walking and cycling trails, picnic and barbeque areas.
2.3
By limiting recreation activities to informal or passive type activities.
RM071215
21 This objective and related policies was considered during assessment of the ODMP proposal, which provides for the Open Space Zone to be vested in the Council as recreation reserve (with the exception of a small local purpose (utilities) reserve), and for the creation of trails for use by walkers and cyclists. The proposed subdivision is consistent with the ODMP and is therefore consistent with the above objective and policies. Other Matters Local Government Act 2002: Development Contributions This proposal will generate a demand for network infrastructure and reserves and community facilities. In granting this resource consent, pursuant to Part 8 Subpart 5 and Schedule 13 of the Local Government Act 2002 and the Council's Policy on Development Contributions contained in Long Term Council Community Plan (adopted by the Council on 25 June 2004) the Council has identified that a Development Contribution is required. It is noted that resolutions of Council on 27 April 2007 and 29 February 2008 accepts: The vesting of reserve land in lieu of the reserve land contribution required for the subdivision, with the exception of the local purpose reserve (utilities). The actual and approved cost of the agreed improvements to the reserves 1 to 4 and the escarpment reserve limited to track formation, planting and irrigation be credited against the reserve improvement contributions assessed. A 'Development Contribution Notice' will be forwarded under separate cover which includes details of how the contributions were calculated. An invoice will be generated by the Queenstown Lakes District Council. Payment will be due prior to application under the Resource Management Act for certification pursuant to section 224(c). Pursuant to Section 208 of the Local Government Act 2002 the Council may withhold a certificate under Section 224(c) ofthe Resource Management Act 1991 if the required Development Contribution has not been paid. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. Should you not be satisfied with the decision of the Council, or certain conditions, an objection may be lodged in writing to the Council setting out the reasons for the objection under Section 357 of the Resource Management Act 1991 no later than 15 working days from the date this decision is received. You are responsible for ensuring compliance with the conditions of this resource consent. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or reschedule its completion. Please contact the Council when the conditions have been met or if you have any queries with regard to the monitoring of your consent. This resource consent must be exercised within five years from the date of this decision subject to the provisions of Section 125 of the Resource Management Act 1991. If you have any enquiries please contact Kirsty Huxford on phone (03) 443 0006.
RIVI071215
22
Prepared by LAKES ENVIRONMENTAL
Reviewed by LAKES ENVIRONMENTAL
kMMd Kirsty Huxford PLANNER
' ' Christian Martin PLANNING T l WI LEADER (WANAKA)
RM071215
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■■>
1
kv. <«*»**. QyEENSTOWN LAKES DISTRICT COUNCIL DECISION OF THE QUEENSTOWN-LAKES DISTRICT COUNCIL RESOURCE MANAGEMENT ACT 1991
Applicant:
Riverside Residential Limited
RM reference:
RM090514
Location:
Quinnat Street, Albert Town
Proposal:
Variation to Conditions 1, 3, 6(e), 24(a) of RM071215 and add conditions 21 (i), 30 and 31 pertaining to foul sewer, vehicle crossings, consent notices and staging of the development.
Type of Consent:
Variation to Landuse
Legal Description:
Lot 1002 Deposited P lan held in Computer Freehold Register 464374.
Valuation Number:
2906301607
Zoning:
Township
Activity Status:
Discretionary
Notification:
Non-notified
Commissioner:
Commissioner Sinclair
Date:
18 November 2009
Decision:
Granted with conditions
Lakes Environmental Limited, Private Bag 50077, Queenstown 9348, Tel 03-450 0300, Fax 03-442 4778
This is an application for for a variation under Section 127 of the Resource Management Act 1991 to vary condition(s) to vary conditions 1, 3, 6(e), 24(a) of RM071215 and add conditions 21 (i), 30 and 31 pertaining to foul sewer, vehicle crossings, consent notices and staging of the development. The original RM071215 application was considered under delegated authority pursuant to section 34 of the Resource Management Act 1991 on 16 May 2008. This decision was considered under delegated authority pursuant to section 34 of the Resource Management Act 1991 on 17 November 2009, and its issue authorised by Jane Sinclair, Independent Commissioner, as delegate for the Council. The subject site is located in Quinnat Street, Albert Town and is legally described as Lot 1002 Deposited Planfteld in Computer Freehold Register 464374. Condition 1 of resource consent RM071215 states: 1
That the development be carried out in accordance with the plans (stamped as "Approved Plans" dated 15 May 2008) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - Paterson Pitts Ltd "Common Boundaries for Duplex Lots" Job No. W2310, Sheets 2, 3 and 4 dated Feb 08 - Paterson Pitts Ltd "Lots 1 to 253, 976-998 being subdivision of Lot 2 RM071044" Job No. W2310, Sheets 1-4 dated May 08. - Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas excluding RM071059" Job No. W2310, Drawing W2310/5, dated 10/04/08 - Paterson Pitts Ltd "OSZ Earthworks for Proposed Subdivision of Lot 2 RM071044" Job No. W2310, Layout OSZ, dated 31/01/08 - Paterson Pitts Ltd "Subdivision Consent Design & Natural Contours" Job No. W2310, Drawing 1 of 2, dated 12/11/07 - Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas" Job No. W2310, Drawing 2 of 4, dated 12/11/07 - Paterson Pitts Ltd "Earthworks Consent Drawings" Job No. W2310, Drawing 3 of 4, Rev O, dated 19/02/08 - Paterson Pitts Ltd "Earthworks Consent Drawings Section A-AA" Job No. W2310, Drawing 3 of 5, Rev O, dated 12/12/07
Condition 3 of resource consent RM071215 states: 3
This subdivision may be staged. For the purposes of issuing approvals under Sections 223 and 224(c) of the Resource Management Act 1991, the conditions of this consent shall be applied only to the extent that they are relevant to each particular stage proposed. This consent may be progressed in the following stages: a)
Stage 1 - consists of 67 residential lots, being Lots 1 to 47, 86 to 89, 184 to 190, 236, 240 to 244, and 251 to 253, Service Lane Lots 225 to 229, Road to Vest Lot 980, and Reserves to Vest Lot 990 and 998.
b)
Stage 2 - consists of 59 residential lots, being Lots 48 to 63, 71 to 73, 166 to 171, and 191 to 224, Lot 983 (to be amalgamated with Lot 51 DP 7458), Roads to Vest Lots 981 & 982, Reserve to Vest Lot 997, and Local Purpose (Utilities) Reserve Lot 984.
c)
Stage 3 - consists of 63 residential lots, being Lots 64 to 70, 74 to 85, 90 to 97, 138 to 141, 150 to 165, 172 to 183, 245, 247, 248 and 250, Service Lane Lots 230 to 233, Reserve to Vest (Walkways) Lots 987 to 989, Road to Vest Lot 979, Reserves to Vest Lot 992, Lot 994 and Lot 996, Amenity Area Lot 991.
d)
Stage 4 - consists of 53 residential lots. Lots 98 to 137, 142 to 149, 237 to 239, 246 and 249, Service Lane Lots 234 & 235, Resen/e to Vest (Walkways) Lot 985 & 986, Road Reserves to Vest Lots 977 & 978, Recreation Reserves to Vest Lot 993, 995 & 996.
Condition 6(e) of resource consent RM071215 states: e)
The provision of a sealed vehicle crossing that shall be constructed to the following lots to Council Standards, including compliance with Rule 14.2.4.2 of the Partially Operative District Plan: i) ii) iii) iv)
Stage 1: Right of Way access sen/ing Lots 10 & 11; Lot 15; Lot 40. Stage 2: Right of Way access sen/ing Lots 218 and 219; Lot 58 Stage 3: Right of Way access sen/ing Lot 66 and Lot 70; Lot 65; Lot 77. Stage 4: Right of Way access serving Lots 146 to 148; Right of Way access serving Lots 118 & 120; Lot 102; Lot 105; Lot 111; Lot 128.
Condition 24(a) of resource consent RM071215 states: 24
Prior to certification pursuant to section 224 of the Act and in accordance with section 221 of the Resource Management Act 1991, a consent notice shall be registered on the pertinent Certificate of Title for the performance of the following conditions on a continuing basis: a)
At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1 (v) the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: i)
Stage 1:
Access Access Access Access Access
Lane 225 Lane 226 Lane 227 Lane 228 Lane 229 -
Lots 33-38, 22, 25-27 Lot 45-47 & 241 Lots 86-89; Lots 242-244 Lots 185-190 Lot 184
ii)
Stage 2:
Access Access Access Access
Lane 226 Lane 227 Lane 228 Lane 229 -
Lot 48 & 51 Lots 71 -73 Lots 191-197 Lot 171
iii)
Stage 3:
Access Lane 230 - Lot 74 (either from Access Lane 227 or 230), Lots 90-94, Lot 75-76, Lot 85, Lot 245 Access Lane 231 - Lots 172-183 Access Lane 232 - Lot 141 Access Lane 233 - Lots 139 & 247
iv)
Stage 4:
Access Lane 234 - Lots 142-144, Lots 237-238 Access Lane 235 - Lot 122,132,134-137, Lot 239, Lot 246
The site is zoned Township and the proposed variation requires: 1
A discretionary activity consent pursuant to section 127(3)(a) of the Resource Management Act 1991, which deems any application to change or cancel consent conditions to be a discretionary activity.
In accordance with Section 127 of the Resource Management Act 1991 the application was considered under Sections 88 to 121 of the Act. On this basis the application was considered on a non-notified basis in terms of Sections 93 and 94 of the Act because the adverse effect on the environment of the proposed variation was considered to be minor and no parties were considered to be adversely affected by the proposed change of condition(s). Decision That the application by Riverside Residential Limited to vary conditions 1, 3, 6(e), 24(a) of RM071215 and add conditions 21 (i), 30 and 31 be granted pursuant to Section 127 of the Resource Management Act 1991, such that: 1
Condition 1 of the resource consent RM071215 is amended to read as follows: 1
That the development be carried out in accordance with the plans (stamped as "Approved Plans" dated 15 May 2008) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: Paterson Pitts Ltd "Common Boundaries for Duplex Lots" Job No. W2310, Sheets 2, 3 and 4 dated Feb 08 Paterson Pitts Ltd "Lots 1 to 253, 976-998 being subdivision of Lot 2 RM071044" Job No. W2310, Sheets 1-4 dated May 08. Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas excluding RM071059" Job No. W2310, Drawing W2310/5, dated 10/04/08 Paterson Pitts Ltd "OSZ Earthworks for Proposed Subdivision of Lot 2 RM071044" Job No. W2310, Layout OSZ, dated 31/01/08 Paterson Pitts Ltd "Subdivision Consent Design & Natural Contours" Job No. W2310, Drawing 1 of 2, dated 12/11/07 Paterson Pitts Ltd "Subdivision Consent Cut-Fill Areas" Job No. W2310, Drawing 2 of 4, dated 12/11/07 Paterson Pitts Ltd "Earthworks Consent Drawings" Job No. W2310, Drawing 3 of 4, Rev O, dated 19/02/08 Paterson Pitts Ltd "Earthworks Consent Drawings Section A-AA" Job No. W2310, Drawing 3 of 5, Rev O, dated 12/12/07 Except as amended by the Patterson Pitts Ltd Plan entitled "Riverside Park Subdivision Stage Plan - June 2009, Lots 1-213, 216-253 & 975-999 being subdivision of Lot 2 RM071044, date stamped approved on 11 November 2009.
2
Condition 3 of the resource consent RM071215 is amended to read as follows: d)
Stage 2b - consists of 16 residential lots, being Lots 49 to 63, 65, Road to Vest Lot 982, and Lot 983 (to be amalgamated with Lot 51 DP 7458)
g)
Stage 3a - consists of community amenity complex Lot 991 and Road to Vest Lot 975. Stage 3a will leave a severed parcel being the future lots 71-75, we propose to identify this as lot 1003 to be amalgamated with the balance lot being Lot 1004.
h)
Stag e 3b - consists of 9 residential lots, being Lot 48, 64, 67, 71 to 73 and 77 to 79. In addition to the above sub-staging, sub-stage 3b can be furthe r sub-stage d as individual lots or groups of lots, provided Stage 3a is completed first.
i)
e Stag 3c - consists of 57 residential lots, being lots 66,68 to 70, 74 to 76, 80 to 85, 90 to 97, 138 to 141, 150 to 165, 172 to 183, 245, 247 to 248 & 250 Road to Ve st Lot 979, Se rvice Lane Lots 232 to 235, Re se rve to Ve st Lots 992, 994 & 996 and Reserve to Vest (Walkway) Lots 987 to 989.
j)
e Stag 4 - consists of 53 re side ntial lots, be ing Lots 98 to 137, 142 to 149, 237 to 239, 246 and 249, Re se rve to Ve st (Walkways) Lot 985 and 986, Road to Ve st Lot ■977 & 978, Re cre ation Re se n/e s to Ve st Lot 993, 995 & 997. Stage 3c must be completed prior to Stage 4.
Condition 6 of the resource consent RM071215 is amended to read as follows: (c)
The provision of a foul sewer c onnec tion from all lots to Counc il's retic ulated sewerage system in accordance with Council's standards and connection policy. The costs of the connections shall be borne by the consent holder.
(e)
(ii)
Stage 2b: Leg-in access sen/ing Lot 58 and 65. (iii) Stage 3c: Right of Way access serving Lot 66 and Lot 70 (iv) Stage 3a: Lot 63; Lot 77; Lot 991
Condition 24 of the resource consent RM071215 is amended to re ad as follows: 24(a)
At the time that a dwelling is c onstruc ted on any Lot that does not have a vehic le crossing, the owner for the time being shall c onstruc t a c rossing in ac c ordanc e with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1 v (a) the following Lots will require a vehic le crossing to be formed on the respec tive access lane. All other Lots will require a vehic le c rossing to be formed to the respective legal road frontage. (iii)
Stage 3b: • Access lane 227 - Lo ts 71 - 73 Stage 3c: • Access lane 230 - Lo t 74 (either fro m Access lane 227 o r 230), Lots 75 - 76, Lot 85, Lots 90 - 94 and Lot 245 • Access lane 231 - Lo ts 172 - 183 • Access lane 232 - Lo t 141 • Access lane 233 - Lo ts 139 and Lot 247
(iv)
24(1)
Stage 4 • Access lane 234 - Lo ts 142 - 144 and Lots 237 - 238 • Access lane 235 - Lo t 122, Lot 132, Lots 134 - 137, Lot 239 and Lot 246
At the time approval is sought under section 224(c) of the Resource Management Ac t for Lots 142 to 144 and 237 to 238, that the c onstruc tion of the sealed formation contained in Lot 234 be completed and that the construction works for the formation be approved by Council, and that at the time approval is sought under section 224(c ) ofthe Resourc e Management Act for Lots 122, 132, 134 to 137, 239 and 246, that the construction of the sealed formation c ontained in Lot 235 be c ompleted and that the construction works for the formation be approved by Council.
Conditions to be added: 30
At the time approval is sought under section 224c of the Resource Management Ac t for Lot 141, that Lots 232 and 234 hereon (legal access) be held as to one undivided
one sixth share by the owners of Lot 141 RM071215 and one undivided five sixth share by the balance lot hereon as tenants in common in the said shares and that individual computer registers be issued in accordance therewith. 31
At the time approval is sought under section 224c of the Resource Management Act for Lots 139 and 247, that Lots 233 and 235 hereon (legal access) be held as to one undivided one tenth share by each ofthe owners of Lots 139 and 247 RM071215 and one undivided eight tenth share by the balance lot hereon as tenants in common in the said shares and that individual computer registers be issued in accordance therewith.
Advice note â&#x20AC;˘
All other conditions of RM0701215 and any subsequent variations shall continue to apply.
Reasons for the Decision Section 127 of the Resource Management Act 1991 provides for a resource consent to be varied as follows; 1)
The holder of a resource consent may apply to a consent holder for a change or cancellation of a condition of the consent (other than any condition as to the duration of the consent).
Consent is sought to vary conditions 1,3, 6(e) and 34(a) of RM071215 and add conditions 21 (i), 30 and 31 which was granted on 16 May 2008 to Riverside Residential Limited. Condition X states: The applicant is seeking to amend the conditions to allow the consented subdivision to be further micro staged to provide the developer the ability to react to market demand and to provide for access lots in Stage 3c to enable appropriate future management of commonly owned access lots. The configuration of the underlying subdivision will not be altered: Section 127 of the Resource Management Act provides for a resource consent to be varied as follows; "(3)
Sections 88 to 121 shall apply, with all necessary modifications, as if (a) (b)
(4)
the application were an application for a resource consent for a discretionary activity; and the references to a resource consent and to the activity were references only to the change or cancellation of a condition and effects of the change or cancellation respectively.
For the purposes of determining who is adversely affected by the change or cancellation, the local authority must consider, in particular, every person who (a) made a submission on the original application; and (b) may be affected by the change or cancellation."
Assessment of Effects Infrastructure No additional demand on Council's infrastructure is generated by the proposal as no new allotments will be created and the development potential of the site will be no more than approved under the original consent. The applicant is also seeking to remove the condition relating to offsite Council upgrades for foul sewer. Following correspondence with Garry McGraw of QLDC is was resolved that no further offsite upgrades are required to allow for the continued connection of the Riverside development to reticulated serves. No adverse effects are anticipated and no parties are considered to be adverslely affected.
Traffic and Vehicle Movements No additional effects in relation to traffic and vehicle movements are anticipated beyond those which were considered in the creation of the underlying allotment and those considered as part of subdivision consent RM071215 are expected and no parties will be adversely affected. Affected Parties The RM071215 application was processed on a non notified basis; and no parties were considered to be adversely affected. In determining affected parties, case law highlights that it is important to note that it is the effects of the change (nbt the activity itself), which are relevant. The appropriate comparison is between any adverse effects, which there may have been from the activity in its original form, and any adverse effects, which would arise from the proposal in its varied form. In this case it is considered that the changes to the proposed conditions will not change the configuration of the subdivision layout, the applicant is seeking to sub-stage the development to reflect and address the current economic situation and to provide appropriate management of commonly owned access lots, the changes to the conditions will not have any environmental effects and no parties are considered adversely affected by the proposed variation. Objectives and Policies Resource consents RM071215, RM071044, RM081362, RM081414, RM081442, RM081541 and RM081549 were assessed and concluded to be not contrary to the relevant objectives and policies contained in Part 15 Subdivision of the Partially Operative District Plan. The variation proposed as part of resource consent RM090514 has also been assessed as being consistent with the relevant provisions of the Plan, primarily as the amendments will appropriately provide for anticipated future development that does not significantly degrade the character and amenity of the surrounding area. Conclusion Having considered the actual and potential effects, the relevant objectives and policies of the Partially Operative District Plan, and the relevant provisions of the Resource Management Act 1991, it is considered that it is appropriate to grant the variation as sought. Other Matters Local Government Act 2002: Development Contributions In granting this resource consent reference was made to Part 8 Subpart 5 Schedule 13 of the Local Government Act 2002 and the Council's Policy on Development Contributions contained in Long Term Council Community Plan (adopted by the Council on 25 June 2004). This proposal is not considered a "Development" in terms of the Local Government Act 2002 as it will not generate a demand for network infrastructure and reserves and community facilities. For the forgoing reasons a Development Contribution is not required. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. Should you not be satisfied with the decision of the Council, or certain conditions, an objection may be lodged in writing to the Council setting out the reasons for the objection under Section 357 of the Resource Management Act 1991 not later than 15 working days from the date this decision is received.
You are responsible for ensuring compliance with the conditions of this resource consent. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or reschedule its completion. If you have any enquiries please contact Michelle Grinlinton-Hancock on phone (03) 443 0125. Prepared by LAKES ENVIRONMENTAL LTD
Mibhfelle Grinlinton-Hancock SENIOR PLANNER (WANAKA)
Reviewed by LAKES ENVIRONMENTAL LTD
ft
Christian Martin PLANNING TEAM LEADER (WANAKA)
DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL NOTIFICATION UNDER s95 AND DETERMINATION UNDER s104 RESOURCE MANAGEMENT ACT 1991
Applicant:
Riverside Residential Ltd
RM reference:
RM150009
Application:
Application under Section 88 of the Resource Management Act 1991 (RMA) for land use consent for an Outline Development Master Plan (ODMP), undertake earthworks associated with the development, for future built development within identified duplex lots to breach continuous building length and height recession planes, and subdivision consent in accordance with the ODMP with a 10 year lapse date.
Location:
Stage 6- Riverside Park, Albert Town
Legal Description:
Lot 1011 Deposited Plan 472137 contained in Computer Freehold Register 643855
Zoning:
Township
Activity Status:
Non- complying
Decision Date
13 February 2015
SUMMARY OF DECISIONS 1.
Pursuant to sections 95A-95F of the RMA the application will be processed on a non-notified basis given the findings of Section 6.0 of this report. This decision is made by Blair Devlin Manager Resource Consenting on 12 February 2015 under delegated authority pursuant to Section 34A of the RMA.
2.
Pursuant to Section 104 of the RMA, consent is GRANTED SUBJECT TO CONDITIONS outlined in Appendix 1 of this decision imposed pursuant to Section 108 and Section 220 of the RMA. The consent only applies if the conditions outlined are met. To reach the decision to grant consent the application was considered (including the full and complete records available in Councilâ&#x20AC;&#x2122;s electronic file and responses to any queries) by Blair Devlin Manager Resource Consenting, as delegate for the Council.
Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz
1
1.
PROPOSAL AND SITE DESCRIPTION
Consent is sought for; an Outline Development Master Plan (ODMP), to undertake earthworks associated with the development within the Open Space Zone and not associated with the formation of walking or cycling tracks, for future built development within identified duplex lots to breach continuous building length and height recession planes, and subdivision consent in accordance with the ODMP with a 10 year lapse date. The proposal is to replace an existing ODMP and subdivision consent RM130820. The applicant has chosen to apply for a new consent rather than amend the prior consent. The main changes proposed to the ODMP and subsequent subdivision are The inclusion of a roundabout on Sherwin Avenue where previously a traffic island was to be installed. An amended road design and inclusion of an additional access lane to provide for reduction in rear sites and better development within identified duplex lots. An increase in number of allotments and a reduction in the average size of allotments including; 1 additional lot in subzone A, 5 additional lots in Subzone B and 6 additional lots in subzone C. The additional allotments mean that the average within Subzone A decreases from the 517m² consent by RM130820 to an average of 515m². The inclusion of 6 duplex lots and associated land use consent for future buildings to breach continuous building length and the height recession plane. The duplex lots have been redesigned to be squared up to provide for better outcome of future built development where previously the longer narrow sections had some design constraints. The proposal results in a reduction of duplex lots from 18 to 14 within the development as a whole. The addition of a Consent Notice that addresses foundation design due to the liquefaction risk requirements for future built development within the undeveloped area. Reports from GeoSolve have been submitted with the application that identifies majority of the land as being suitable for a Technical Category 2 foundation design to address any potential land deformation. The earthworks occurring within an identified area of Open Space within the Structure Plan are modified due to the amendment to road design. A post and rail wooden fence along the state highway instead of the previously consented stacked stone wall. Landscape trees within road reserve will no longer include claret ashes as these have not preformed well within the established stages of the development. The applicant has provided a description of the proposal, the site and locality and the relevant site history in Sections 1 and 2 of the report entitled ‘Riverside Residential Ltd, Resource Consent Application for Subdivision Lot 1011 DP 472137, Albert Town’ prepared by Duncan White of Patterson Pitts Group, and submitted as part of the application (hereon referred to as the applicant’s AEE and attached as Appendix 2). This description is considered accurate and is adopted for the purpose of this report. Consent Notice 9897882.7 is registered on the title that sets out Development to meet Design Statement and Built Form guidelines- including design approval process Restricting fencing on reserve boundary no greater than 1.2 metres Requirement for installment of vehicle crossing Foundation designs to account for liquefaction risk for stages 3e and The consent notice will come down onto the newly created title with the addition of the proposed condition relating to the foundation design requirements based on the GeoSolve reports for the yet to be developed areas. Relevant Site History RM130820 was granted for an amended Outline Development Master Plan and subdivision with the intention of rationalising the prior consents for the site and extending the timeframe for development.
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RM140754 amended conditions of consent that secured a consent notice relating to the requirements of foundation design for dwellings as a response to identified liquefaction risk for the site. The applicant notes that seven stages of the development have been completed and has created 118 out of the previously approved 242 residential. The following table outlines the consents that related to the subject site. ODMP and variations
Subdivision consents and variations
Land use consents
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RM number RM070996 RM080123
Date granted
Description
23 January 2008 6 March 2008
RM081072
5 August 2008
RM100566
2 November 2010
RM130820
31 January 2014
RM071215
19 May 2008
Outline Development Master Plan Variation to location of lots able to be further subdivided Variation to landscape treatment of site boundary Variation to ODMP to remove requirement for duplex units on 4 lots The re-approval of the ODMP and 242 lot subdivision approved under RM070996 and RM071215 242 lot subdivision
RM081362
28 October 2008
RM081414
11 November 2008
RM081442
5 December 2008
RM081541 RM081549 RM090514
11 December 2008 16 December 2008 18 November 2009
RM100566
2 November 2010
RM130820
31 January 2014
RM140754
22 October 2014
RM100566
2 November 2010
3
Variation to staging conditions of RM071215 Variation to consent notice wording of RM071215 Variation to staging conditions of RM071215 Variation to subdivision layout Removal of existing consent notice Variation to staging conditions of RM071215 New 19 lot subdivision of lots approved under RM071215 and variation of duplex unit requirement of RM071215 The re-approval of the ODMP and 242 lot subdivision approved under RM070996 and RM071215 Change of condition/consent notice relating to foundation requirements of future buildings within Stages 3e and 4 in consideration of identified liquefaction hazard. Construction of 19 units
RM150009
Photo 1: Subject site (blue outline)
2.
ACTIVITY STATUS
2.1
THE DISTRICT PLAN
Photo 2: Looking down on the site from western boundary access point off Aubrey Road.
The subject site is zoned Township and the proposed activity requires resource consent for the following reasons: Land use consent
A controlled activity resource consent pursuant to Rule 9.2.3.2 for an Outline Development Master Plan within the Riverside Stage 6 site. Council’s control is with respect to: (a) Consistency with the Riverside Stage 6 Structure Plan (b) The maintenance of view shafts (c) Subdivision design, lot configuration, densities and allotment sizes, including the provision for duplex development and smaller lot sizes within Sub-Zone A through comprehensive subdivision design (d) Provision of an interconnected roading pattern (e) The provision of a buffer area and mitigation measures to minimise noise and visual impacts from State Highway 6 (f) Landscaping (g) The provision of Design Guidelines to apply to all buildings erected within the area subject to the Outline Development Master Plan (h) Consistency with the relevant objective and policies within the Township Zone
A restricted discretionary activity pursuant to Rule 9.2.3.4 as the proposal breaches site standard 9.2.5.1(vi) in regard to the six proposed duplex lots breaching continuous building length. It is proposed that building lengths in excess of 16 metres are not required to be setback an additional 0.5m for every additional 6 metres in length. Council’s discretion is restricted to this matter.
A non-complying activity pursuant to Rule 9.2.3.4 as the six proposed duplex lots will breach Zone Standard 9.2.5.2(ii) for height recession plane along the internal shared boundaries between the duplex developments.
A non-complying activity pursuant to Rule 20.2.2.5i for earthworks in the Open Space Zone not associated with the creation of walking or cycling tracks.
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Subdivision
A restricted discretionary activity subdivision consent pursuant to Rule 15.2.3.3i as fourteen lots of the proposed subdivision do not contain a 15m by 15m square required by Site Standard 15.2.2ii.
A non-complying activity subdivision consent pursuant to Rule 15.2.3.4i as the average area of the lots is 515m² where an average of 600m² is required in terms of Zone Standards 15.2.6.3i(a).
Overall, the application is considered to be a non-complying activity. 2.2
NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH
AND
MANAGING
Based on the applicant’s review of Council records, the piece of land to which this application relates is not a HAIL site, and therefore the NES does not apply. 3.
SECTION 95A NOTIFICATION
The applicant has not requested public notification of the application (s95A(2)(b)). No rule or national environmental standard requires or precludes public notification of the application (s95A(2)(c)). The consent authority is not deciding to publicly notify the application using its discretion under s95A(1) and there are no special circumstances that exist in relation to the application that would require public notification (s95A(4)). A consent authority must publicly notify an application if it decides under s95D that the activity will have or is likely to have adverse effects on the environment that are more than minor (s95A(2)(a)). An assessment in this respect follows. 4.
ASSESSMENT OF EFFECTS ON THE ENVIRONMENT (s95D)
4.1
MANDATORY EXCLUSIONS FROM ASSESSMENT (s95D) A: Effects on the owners or occupiers of land on which the activity will occur and on adjacent and (s95D(a)).
4.2 PERMITTED BASELINE (s95D(b)) The consent authority may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect. In this case all subdivision requires consent as a controlled activity and aspects of the proposal do not comply with various provisions of the District Plan which require consent as a non-complying activity. In this case there is not considered to be a permitted baseline applicable to this activity. 4.3 EXISTING ENVIRONMENT The existing environment comprises lawfully established activities on the site and any existing consents which have not been implemented. RM130820 is a live consent and can be implemented. The overall development within the Riverside Stage 6 Structure Plan is over half developed with 7 stages completed creating 118 allotments. Many of these allotments now contain residential buildings. The following assessment takes this into account.
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4.4
ASSESSMENT: EFFECTS ON THE ENVIRONMENT
Taking into account sections 4.1 and 4.2 above, the following assessment determines whether the activity will have, or is likely to have, adverse effects on the environment that are more than minor. Ms Overton, Councilâ&#x20AC;&#x2122;s Resource Management Engineer has reviewed the application and provided comments and recommended conditions in regard to infrastructure, earthworks, and hazards. Ms Paula Costello has provided comment and recommendations on the application in terms of Urban Design. Ms Overton and Ms Costelloâ&#x20AC;&#x2122;s comments are included in the relevant assessment as follows. Land, Flora and Fauna: Adverse Effects to Consider Ecological / Vegetation & Fauna Landform Waterbodies & Groundwater
Effects on the Environment Nil Less than minor Nil
The majority of the site is flat with the exception of the area where the road connects to Aubrey Road is located, which is within an area identified as open space within the Riverside Stage 6 â&#x20AC;&#x201C; Structure Plan. Within the main part of the subdivision the landform will remain generally flat and any adverse effects of the proposal on landform are considered to be less than minor. There is no known significant vegetation within the subject site. The existing vegetation in the area identified as an Open Space Zone is predominantly kanuka and this is to be retained with the exception of those within proximity to the formation of the road. Any ecological effects anticipated as a result of the proposal are likely to be less than minor. People and Built Form: Adverse Effects to consider Character Density Views and Outlook Streetscape Amenity Cumulative Dominance and Scale Safety
Effects on the Environment Less than minor Less than minor Less than minor Less than minor Less than minor Less than minor Less than minor Nil
The key assessment matters in terms of the ODMP have been taken into consideration in the assessment below in terms of the design and configuration of the subdivision, density, roading, pedestrian and cyclist connectivity, reserves, landscaping, built form and parking/garaging. The proposal creates residential sites that will be capable of future residential development. The surrounding area is predominantly recently established residential development. The proposal provides for the continuation of residential development consistent with the existing character of the Riverside Development. No details of the built form are specified. The consent notice registered on the title that relates to building design will continue to apply to the new lots. The character, dominance and scale will be controlled by these requirements and any adverse effects associated is considered to be less than minor. The proposal is an increase of lots over that currently consented by RM130820. Ms Costello has confirmed that in terms of density the increase is not considered to result in any adverse effects. It is noted that the smaller lots, predominantly within Subzone A are not located alongside parks and reserves. However, rear access-ways provide suitable connections to the reserve areas.. Within the duplex lots consent is sought to breach the continuous building length and height recession plane. Consent has previously been granted for duplex lots within the development to breach these
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standards. The applicant notes that the duplex lots have been squared up to provide a wider area for each unit. The proposed removal of the height recession plane provide for practical duplex development allowing a height along the common wall greater than 2.5 metres. Any adverse effects in terms of views and outlook are considered to be less than minor. Dwellings and accessory buildings will be permitted that meet the site and zone standards. The structure plan reasonably anticipates the development. The stages of the development that are to be developed are generally flat and sit below the terrace that runs along the western edge of the site. The terrace face is to remain open area as required by the structure plan. The proposed road layout is consistent with the layout indicated within the Structure Plan. Stephen Quin, Councilâ&#x20AC;&#x2122;s Parks and Reserve Planner has confirmed that there are no issues with the proposed changes to the planting within the road reserve. The streetscape will appear similar to that implemented for the established stages of the development. Where the subject site adjoins the state highway a post and rail fence is proposed where previously a schist wall was to be constructed. The landscape plantings are to be retained. The fence and plantings will provide a visual definition between the development and state highway and restrict direct access. A consent notice is proposed to secure ongoing maintenance of the plantings by future lot owners. Ms Costello has confirmed that no adverse effects are anticipated in terms of the street and reserve structure. The inclusion of a private access way and private lane adjoining the reserves provides an appropriate interface between the private sections and reserves within Lot 992 and 994. The proposal does not change the number of recreation reserves as previously consented through RM130820 but results in a small reduction in area of overall reserves by approximately 560m². Ms Costello did not consider that the reduction in recreation space would have adverse effects. The proposal results in a reduction in duplex lots. The four corner sections of Subzone A within the Outline Development Plan are indicated as sub-dividable. Through the proposed subdivision these lots will be subdivided to create Lots 246, 133, 249, 144, 141, 248, 138 and 247. These each have an area of 400m² but are no longer to be duplex development. 40% site coverage and a minimum road setback of 2 metres are permitted within Subzone A would provide for sufficient area for non-duplex development within each of these sites. Assessment Matter 9.3.2iiib(iii) seeks to encourage 50-55% duplex development within the ODMP. The reduction in the duplex lots being provided within the undeveloped stages and increase in lots within Subzone A means that 40% of Subzone A within the ODMP will contain duplex development. The intention of the provision of duplex development is associated with providing cost effective housing options. Whilst lots 246 and 133, 249 and 144, 141 and 248, 138 and 247 will no longer contain common walls the sites still provide for similar development as anticipated within the duplex sites which is not anticipated to adversely affect the ability to achieve cost effective housing options. Earthworks The proposed earthworks are required to enable the creation of the roading network. The earthworks within the Open Space Zone will be limited in duration and will not have a lasting impact on the ability to use the area as recreation reserve. Limited vegetation is to be cleared except in proximity to the road formation. The earthworks vary from what has previously been consent due to a re-alignment of the road off Aubrey Road. Ms Overton has confirmed that the earthworks are feasible and subject to the recommended conditions adverse effects are anticipated to be less than minor. Conditions as recommended by Ms Overton can be imposed to require appropriate environmental protection measures are carried out.
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Infrastructure: Adverse Effects to consider Water Supply Effluent Disposal Stormwater Provisions Energy Supply & Telecommunications
Effects on the Environment Less than minor Less than minor Less than minor Less than minor
Ms Overton has confirmed that adequate services can be provided. The provision of services has been assessed as part of the previous ODMP and subdivision. Subject to the recommended conditions for the installation of appropriate services to each lot can be installed and any adverse effects in terms of infrastructure is considered to be less than minor. Traffic Generation and Vehicle Movements: Adverse Effects to consider On-site / On street parking Driver & Pedestrian Safety Traffic Generation / Roading Capacity Vehicle Movements & Noise
Effects on the Environment Less than minor Less than minor Less than minor Less than minor
The proposal will result in increased traffic generation and vehicle movements. The extent is a minor increase from what was considered in terms of the ODMP and subdivision RM130820. The GHD Report recommendations are supported for the installation of roundabouts where previously traffic islands were proposed. Subject to the recommended conditions it is considered that effects in terms of the proposed roading layout will be less than minor. During construction and earthworks there will likely be increased traffic effects. As the traffic generated by way of the earthworks proposed will be limited in duration and associated with the anticipated development of the site, any adverse effects on the environment as a result are considered to be less than minor. Nuisance: Adverse Effects to consider Noise Hours of Operation Dust Vibration
Effects on the Environment Less than minor Less than minor Less than minor Less than minor
Subject to the recommended conditions requiring appropriate site management and hours of operation any noise or dust nuisance can be avoided, remedied, or mitigated. Culture: Adverse Effects to consider Heritage / Heritage Precincts Archaeology Takata Whenua
Effects on the Environment Nil Nil Nil
There are no areas within the subject site that contain heritage or cultural values. No adverse effects in terms of cultural values as anticipated. Natural Hazards: Adverse Effects to consider Land Stability / Liquefaction Rock Fall Flooding
Effects on the Environment Less than minor Nil Nil
The site has been identified as having a low to moderate liquefaction risk. Two Geotechnical reports have been provided to address this issue. A consent notice is proposed to indicate appropriate foundation design for future buildings to adequately address the liquefaction risk. The previous consent notices have been applied to the relevant developed sites. GeoSolve have recommended consent notice conditions be applied to the lots, split into two conditions according to specific ground conditions:
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The foundation design of buildings on Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246, 247, 255 – 265, Riverside Subdivision, Wanaka” (dated December 2014). The foundation design of buildings on Lots 109 - 112 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 109 - 112, Riverside Subdivision, Wanaka” (dated December 2014). Council’s resource management engineer Ms Overton has reviewed the submitted reports, and is satisfied with the conclusion and recommendations made. Overall it is considered that subject to the recommended conditions any adverse effects on the environment would be less than minor. 4.5
DECISION: EFFECTS ON THE ENVIRONMENT (s95A(2))
Overall the proposed activity is not likely to have adverse effects on the environment that are more than minor. Given the scale of the proposal a 10 year lapse period is considered appropriate and is consistent with what has previously been granted. 5.0
EFFECTS ON PERSONS
Section 95B(1) requires a decision whether there are any affected persons (under s95E) in relation to the activity. Section 95E requires that a person is an affected person if the adverse effects of the activity on the person are minor or more than minor (but not less than minor). 5.2
ASSESSMENT: EFFECTS ON PERSONS
The following outlines an assessment as to whether the activity will have or is likely to have adverse effects on persons that are minor or more than minor: Setbacks from the State Highway will mitigate any potential adverse effects in terms of providing for future residential development in proximity to the state highway. The existing consent notice will continue the requirement for acoustic insulation to be used for any dwellings within 80 metres of the state highway. Any adverse effects on the New Zealand Transport Agency have been mitigated by the setback and noise insulation requirements. The post and rail fence with landscape plantings creates a clear definition between the development and the state highway. No direct access onto the state highway is proposed. The proposal will increase potential traffic generation through the creation of additional residential lots above what is currently authorised. The increase is a minor incremental increase that is unlikely to be readily perceivable. Any adverse effects on persons in terms of traffic generation are considered to be less than minor. The nature and scale of the residential development anticipated is within a similar scale to that already anticipated by RM130820. Any future residential development will be controlled by the Site and Zone standards and design controls set by consent notice. Any adverse effects in terms of dominance, privacy and outlook are considered to be less than minor. The duplex sites would have a similar effect in terms of the bulk of built form to a single unit developing within a larger site. The breaches proposed in terms of the duplex sites relate to internal adjoining boundaries and are not anticipated to create any adverse effects for surrounding sites.
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The proposed earthworks will be finished with appropriate gradients and no adverse effects in terms of land stability for surrounding sites are anticipated. Conditions relating to hours of construction of subdivision development and site management for earthworks will avoid and mitigate any potential nuisance effects for people residing in the early stages of the development. Overall, adverse effects on persons are considered to be less than minor. 5.4
DECISION: EFFECTS ON PERSONS (s95B(1))
In terms of Section 95E of the RMA, no person is considered to be adversely affected. 6.0
OVERALL NOTIFICATION DETERMINATION
Given the decisions made above in sections 4.4 and 5.4 the application is to be processed on a nonnotified basis. 7.0
S104 ASSESSMENT
7.1
EFFECTS (s104(1)(a))
Actual and potential effects on the environment have been outlined in section 4 of this report. Conditions of consent can be imposed under s108 of the RMA as required to avoid, remedy or mitigate adverse effects. 7.2
RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi))
The relevant objectives and policies are contained within Part 9 Township, Part 15 Subdivision and Part 20 Open Space of the District Plan. Section 3.3 of the applicantâ&#x20AC;&#x2122;s AEE addresses the Section 9 Township Policies and Objectives. This is considered accurate and is adopted for the purposes of this report. The relevant objectives and policies in Section 15 are with regard to amenity protection, and that the cost of services, including access, be met by the subdivider. It is considered that the proposed subdivision would have limited adverse effects in regard to amenity values in the vicinity. In addition, the cost of servicing would be borne by the subdivider. It is considered therefore that the activity is consistent with the relevant objectives and policies in Section 15 of the District Plan. The relevant Objectives and Policies within Section 20 relate to the protection and maintenance of natural ecological values and the open appearance of the Open Space Zone and enabling public use of the zone for passive or informal recreational activities. The earthworks within the Open Space Zone are associated with the formation of the road linking the subject site to Aubrey Road as identified in the Structure Plan. The earthworks will be limited in duration and will not have a lasting impact on the ability to use the area as recreation reserve. Limited vegetation is to be cleared except in proximity to the road formation. Overall the proposal is not considered to be contrary to the relevant Section 9, 15 and 20 Policies and Objectives. 7.3
PARTICULAR RESTRICTIONS FOR NON-COMPLYING ACTIVITIES (s104(D))
With respect to the assessment above, the first threshold test for a non-complying activity required under Section 104D has been met in that the application is not considered to create any actual or potential adverse effects which are more than minor in extent.
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With respect to the second threshold test under Section 104D it is concluded that the application can pass through the second gateway test given that the proposal is not considered to be contrary to the relevant policies and objectives of the District Plan. On this basis discretion exists to grant consent for this non-complying activity. 7.4
PART 2 OF THE RMA
It is considered that there are no relevant matters of national importance as set out in Section 6 and in terms of Section 7 the proposal is consider to provide for efficient use and development of natural and physical resources whilst maintaining amenity values. The proposed activity would avoid or mitigate any potential adverse effects on the environment while providing for sustainable management of resources and is therefore in keeping with the Purpose and Principles of the RMA. 7.5
SECTION 106 OF THE RMA
A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers thatâ&#x20AC;&#x201D; (a) the land in respect of which a consent is sought, or any structure on the land, is or is likely to be subject to material damage by erosion, falling debris, subsidence, slippage, or inundation from any source; or (b) any subsequent use that is likely to be made of the land is likely to accelerate, worsen, or result in material damage to the land, other land, or structure by erosion, falling debris, subsidence, slippage, or inundation from any source; or (c) sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision. On the basis of the above assessments there is no reason to refuse consent. 7.5
DECISION ON RESOURCE CONSENT PURSUANT TO SECTION 104 OF THE RMA
Consent is granted subject to the conditions outlined in Appendix 1 of this decision report imposed pursuant to Section 108 and Section 220 of the RMA. a) Decision 1: Outline Development Master Plan b) Decision 2: Land Use c) Decision 3: Subdivision 8.0
OTHER MATTERS
Local Government Act 2002: Development Contributions In granting this resource consent, pursuant to the Local Government Act 2002 and the Councilâ&#x20AC;&#x2122;s Policy on Development Contributions the Council has identified that a Development Contribution is required. Payment will be due prior to application under the RMA for certification pursuant to section 224(c). Please contact the Council if you require a Development Contribution Estimate. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred.
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The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or if all conditions have been met. This resource consent is not a consent to build under the Building Act 2004. A consent under this Act must be obtained before construction can begin. This resource consent must be exercised within ten years from the date of this decision subject to the provisions of Section 125 of the Resource Management Act 1991. If you have any enquiries please contact Sarah Picard on phone (03) 441 0499 or email sarah.picard@qldc.govt.nz. Report prepared by
Decision made by
Sarah Picard PLANNER
Blair Devlin MANAGER RESOURCE CONSENTING
APPENDIX 1 - Consent Conditions APPENDIX 2 - Applicantâ&#x20AC;&#x2122;s AEE
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APPENDIX 1 - Consent Conditions
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APPENDIX 1 – CONSENT CONDITIONS
Decision 1: ODMP General Conditions 1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows:
- “Riverside Park, Master Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 1 of 5, dated 10-2-2015 Rev E)) - “Riverside Park, Street Tree Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 5, dated 10-2-2015 Rev E) - “Riverside Park, Roading Hierarchy Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 3 of 5, dated 10-2-2015 Rev E) - “Riverside Park, State Highway 6 Interface Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 4 of 5, dated 10-2-2015 Rev E) - “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by Patterson Pitts Group, Job No W4548, Sheet 5 of 5, dated 10-2-2015 Rev E) and the application as submitted, with the exception of the amendments required by the following conditions of consent. 2a.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
2b.
The consent holder is liable for costs associated with the monitoring of this resource consent under Section 35 of the Resource Management Act 1991 and shall pay to Council an initial fee of $240. This initial fee has been set under section 36(1) of the Act.
3.
The duration of this consent shall be ten years from date of the decision.
Reserves 4. At the time a subdivision application is given effect to the consent holder shall make provision for the Open Space Zone within Riverside Stage 6 to be vested in Council as reserve. This vesting shall occur prior to certification of the subdivision in accordance with section 224(c) of the Resource Management Act 1991. This vesting may occur progressively in stages that match the staging of the subdivision. Engineering Conditions 5. All engineering aspects of the Outline Development Master Plan shall be designed in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. 6. The roading network for the Outline Development Master Plan shall be designed in accordance with the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5,
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dated 10-2-2015 Rev E) and the Traffic Design Group report (dated October 2007) except where amended by the following conditions: a) Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council. b) Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements. c) Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council. d) Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07. e) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. f) Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads. g) All road marking, signage and road naming signs shall be installed and complete prior to the issuing of any certificates of titles. h) The formation of intersection with Aubrey Road, in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder. i)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
7. The consent holder shall submit to the Council a landscape plan for certification within 6 months or prior to section 224(c) certification for subdivision RM150009, whichever is earlier, showing the landscape treatment along the site boundary adjoining State Highway 6. Once approved, the landscape plan shall form part of the Outline Development Master Plan. The landscape plan shall include the following: a) Shrub species in addition to the specimen trees identified on the Street Tree Plan included as Appendix G in the Outline Development Master Plan. The intent of the shrub species is to provide a visual buffer to a minimum height of 1.2 metres for users of State Highway 6, to replace the visual buffer previously achieved by the stacked stone wall. b) The location, species and density of all trees and shrubs to be planted along the boundary of the site adjoining State Highway 6. 8. The approved landscaping within any stage shall be implemented prior to section 224(c) certification of any subdivision of that stage. Review 9.
Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on
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the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: a)
To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage.
b)
To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered.
c)
To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Note 1. The community hall, childcare centre, community facility and utility facility as shown on the Outline Development Master Plan have not been assessed as part of this proposal and additional resource consents may be required for these activities. Their location on the Outline Development Master Plan does not prejudice the outcome of any future resource consent application for these activities. 2. The formation of walking and cycling trails within the Open Space Zone requires resource consent pursuant to Rule 20.2.2.2(ii) of the District Plan and have not been provided for in this decision.
Decision 2: Land Use LAND USE CONDITIONS- Duplex development continuous building length and height recession
plan 1.
That the development be carried out in accordance with the plan “Riverside Park Common Boundaries for Duplex Lots” prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 2, dated 10-2-2015 Rev E stamped as approved plan dated 12 February 2015 and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
3.
The consent holder is liable for costs associated with the monitoring of this resource consent under Section 35 of the Resource Management Act 1991 and shall pay to Council an initial fee of $100. This initial fee has been set under section 36(1) of the Act.
4.
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots 135 and 238, 136 and 239, 145 and 237
5.
Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Group “Common Boundaries for Duplex Lots” Job No. W4548, Sheet 2 of 2 dated 10-2-2015 Rev E.
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6.
The duration of this consent shall be ten years from the date of the decision.
Decision 3: Subdivision SUBDIVISION CONDITIONS 1.
That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 10-2-2015 Rev E) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 10-2-2015 Rev E) - “Riverside Park, Design & Natural Contours” (prepared by PPGroup, Job No W4548, Sheet 1 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Cut - Fill Areas” (prepared by PPGroup, Job No W4548, Sheet 2 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Earthworks Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 3 of 4, dated 10-2-2015 Rev E) - “Riverside Park, OSZ Earthworks for Subdivision” ” (prepared by PPGroup, Job No W4548, Sheet 4 of 4, 10-2-2015 Rev E)
1(a) The duration of this consent shall be ten years from date of the decision. 2.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
Staging 3. In order to allow for the development and release of allotments in a controlled and logical manner the subdivision may be staged in any order that the consent holder sees fit provided that all residential allotments within each stage are adequately serviced and accessed in accordance with the conditions of this consent. 4. If the subdivision is staged in accordance with Condition (3) and the consent holder submits a survey plan showing lots that are proposed to be amalgamated and no further survey plan or section 224(c) certification would be required to obtain title for those lots then, prior to certification of that stage (pursuant to Section 224 of the Act), a consent notice shall be registered in order to ensure that all conditions relating to the lots to be amalgamated have been satisfied or bonded and development contributions have been paid before the amalgamated lots can be de-amalgamated. Conditions in the following form shall be registered on the Computer Freehold Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act and shall apply only in relation to those lots that are to be amalgamated with the balance lots: (a) To give effect to this condition, all consent conditions related to those lots shall be completed and the conditions in the following form shall be registered on the Computer Freehold
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Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act: i)
Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to Section 226/241 of the Act, all land use and subdivision conditions of RM150009 that apply to the lot have been satisfied. This will require the re-inspection of services and any necessary infrastructure.
ii)
Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to Section 226/241 of the Act, Development Contributions shall be paid for Lot X. Development contributions shall be paid at the rate calculated for the relevant stage under RM150009. As per the 2013 Development contribution policy. All DCN’s issued after 1 July 2013 will be valid for 24 months from the date of issue and then recalculated for payment under the policy relevant at that time in order to establish the relevant development contribution payable for the release of that lot.
(b) If the Territorial Authority has confirmed in writing that it is satisfied that the conditions of (a) (i) and (ii) above have been complied with then those consent notice conditions, along with this condition, may be deemed to be expired for the purpose of Section 221(5) of the Act. General 5. All engineering works shall be carried out in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. Hours of construction work 5.
That all earthworks and construction works including the off-loading of materials onto the subject site shall be restricted to the hours between 7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday. No work shall occur on Sundays or public holidays. The intent of such a condition is to ensure residential amenity is maintained for the surrounding neighbours.
To be completed prior to the commencement of any works on-site 6. Prior to the commencement of any works on site, the consent holder shall provide a letter to the Principal Resource Management Engineer at Council advising who their representative is for the design and execution of the engineering works and construction works required in association with this subdivision and shall confirm that these representatives will be responsible for all aspects of the works covered under Sections 1.4 & 1.5 of NZS4404:2004 “Land Development and Subdivision Engineering”, in relation to this development. 7. At least 5 working days prior to commencing work on site the consent holder shall advise the Principal Resource Management Engineer at Council of the scheduled start date of physical works. Compliance with the prior to commencement of works conditions detailed in Condition (13) below shall be demonstrated. 8. Prior to commencing any work on the site the consent holder shall install a construction vehicle crossing, which all construction traffic shall use to enter and exit the site. The minimum standard for this crossing shall be a minimum compacted depth of 150mm AP40 metal that extends 10m into the site. 9. No access for earthworks purposes shall be made directly on to or off SH6 without approval from the New Zealand Transport Agency 10. The consent holder shall install measures to control and/or mitigate any dust, silt run-off and sedimentation that may occur, in accordance with NZS 4404:2004 and ‘A Guide to Earthworks in the Queenstown Lakes District’ brochure, prepared by the Queenstown Lakes District Council. These measures shall be implemented prior to the commencement of any earthworks on site and shall remain in place for the duration of the project, until all exposed areas of earth are permanently stabilised.
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11. At least 7 days prior to commencing earthworks, the consent holder shall provide the Principal Resource Management Engineer at Council with the name of a suitably qualified professional as defined in Section 1.4 of NZS 4404:2004 who shall supervise the excavation and fill procedures. This engineer shall continually assess the condition of the site and implement any design changes / additions if and when necessary. 12. Prior to commencing works on site, the consent holder shall obtain and implement a traffic management plan approved by Council if any parking, traffic or safe movement of pedestrians will be disrupted, inconvenienced or delayed, and/or if temporary safety barriers are to be installed within or adjacent to Council’s road reserve. 13. Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (5), to detail the following engineering works required: a) The provision of a water supply to all proposed lots, including recreation reserves to vest, in terms of Council’s standards and connection policy. This shall include an Acuflo GM900 or CM2000 (with removable filter) as the toby valve. The costs of the connections shall be borne by the consent holder. b) The provision of a foul sewer connection from all lots to Council’s reticulated sewerage system in accordance with Council’s standards and connection policy. The costs of the connections shall be borne by the consent holder. c) The provision of a connection from all potential impervious areas within the proposed lots to the Council reticulated stormwater disposal system. The individual lateral connections shall be designed to provide gravity drainage for the entire area within each lot. d) The provision of fire hydrants with adequate pressure and flow to service the development with a minimum Class FW2 fire fighting water supply in accordance with the NZ Fire Service Code of Practice for Firefighting Water Supplies SNZ PAS 4509:2008 (or superseding standard). Any alternative solution must be approved in writing by the Area Manager for the Central North Otago branch of the New Zealand Fire Service. e) The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 65, 66, 70, 102, 105, 111, 119 120, 128, 146, 147, 148, 263, 264 and 265 to Council’s standards. f)
The formation of all roads and access lots, in accordance with Council’s standards, the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 16/12/2014, Rev D) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions: •
Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements.
•
Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07.
g) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007.
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h) Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads. i)
The formation of intersection with Aubrey Road, in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder.
j)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
k) The provision of Design Certificates for all engineering works associated with this subdivision/development submitted by a suitably qualified design professional (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of the NZS4404 Schedule 1A Certificate. To be monitored throughout earthworks 14. No more than 5.8Ha shall be exposed at any one time. Previously exposed areas are to be to a stage where they no longer can cause a dust nuisance before other areas are exposed. 15. Temporary retention systems shall be installed wherever necessary immediately following excavation to avoid any possible erosion or instability. 16. The consent holder shall implement suitable measures to prevent deposition of any debris on surrounding roads by vehicles moving to and from the site. In the event that any material is deposited on any roads, the consent holder shall take immediate action, at their expense, to clean the roads. The loading and stockpiling of earth and other materials shall be confined to the subject site. 17. No earthworks, temporary or permanent, are to breach the boundaries of the site, with the exception of the earthworks required to connect to Aubrey Road. To be completed before Council approval of the Survey Plan 18. Prior to the Council signing the Survey Plan pursuant to Section 223 of the Resource Management Act 1991, the consent holder shall complete the following: a) All necessary easements shall be shown in the Memorandum of Easements attached to the Survey Plan and shall be duly granted or reserved. b) The names of all roads, private roads & private ways which require naming in accordance with Council’s road naming policy shall be shown on the survey plan. [Note: the road naming application should be submitted to the Technical Officer: Infrastructure and Assets and should be lodged prior to the application for the section 223 certificate] c) All areas containing uncertified fill generated by the Riverside Park subdivision shall be shown as ‘Uncertified Fill Covenant Area’ on the survey plan. Amalgamation conditions 19. The following shall be registered with Land Information New Zealand (CSN XXXXX): •
“That Lot 234 hereon (legal access) be held as to 4 undivided one-fourth shares by the owners of Lots 141, 142, 143, 144 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.”
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•
“That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 58 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.”
To be completed before issue of the s224(c) certificate 20. Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: a) The submission of ‘as-built’ plans and information required to detail all engineering works completed in relation to or in association with this subdivision/development at the consent holder’s cost. This information shall be formatted in accordance with Council’s ‘as-built’ standards and shall include all Roads (including right of ways and access lots), Water, Wastewater and Stormwater reticulation (including private laterals and toby positions). b) The completion and implementation of all works detailed in Condition (13) above. c) Provide certification to the Principal Resource Management Engineer at Council, in accordance with NZS 4431:1989, for all areas of fill within the site on which buildings are to be founded (if any). Note this will require supervision of the fill compaction by an inspecting engineer as defined in section 3.1 NZS4431:1989 (amendment 1 July 1992). d) Written confirmation shall be provided from the electricity network supplier responsible for the area, that provision of an underground electricity supply has been made available (minimum supply of single phase 15kva capacity) to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met. e) Written confirmation shall be provided from the telecommunications network supplier responsible for the area, that provision of underground telephone services has been made available to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met. f)
The submission of Completion Certificates from the Contractor and the Engineer advised in Condition (5) for all engineering works completed in relation to or in association with this subdivision/development (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of a Producer Statement, or the NZS4404 Schedule 1B and 1C Certificate.
g) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. h) All signage shall be installed in accordance with Council’s signage specifications and all necessary road markings completed on all public or private roads (if any), created by this subdivision. i)
Road naming shall be carried out, and signs installed, in accordance with Council’s road naming policy.
j)
All earthworked/exposed areas shall be top-soiled and grassed/re-vegetated or otherwise permanently stabilised.
k) The consent holder shall remedy any damage to all existing road surfaces and berms that result from work carried out for this consent. l)
The planting of all trees in accordance with the plan “Riverside Park Street Tree Plan” by Patterson Pitts Group W4548 Sheet 2 of 5 dated 10-2-2015 Rev E and the landscaping as approved by the Outline Development Plan (RM150009) shall be fully implemented.
m) The vesting of Lots 992-994, 995 and 996 as recreation reserve, and Lots 985 and 986 as local purpose reserve (walkway) shall be undertaken in accordance with the conditions of the resolutions of Council adopted on 27 April 2007 and 29 February 2008.
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Ongoing Conditions/Consent Notices 21. The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act. a) At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: · Access Lane 234 – Lots 141, 142, 143, 144 · Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 b) Owners of Access Lots 234 to 235 (inclusive) shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots. c) The areas indicated as ‘Uncertified Fill Covenant Area’ contains fill material which may be susceptible to subsidence, and that any future buildings in this area will require foundation design by a suitably qualified engineer. d) Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265: The foundation design of buildings on Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 shall be undertaken in accordance with MBIE Guidelines (Canterbury Earthquakes) for Technical Category 2 as determined by the GeoSolve Ltd ‘Geotechnical Report – Revision 1 – Lots 49, 50, 52 – 62, 65, 66, 668 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249 and 255 – 265, Riverside Subdivision, Wanaka’ (dated December 2014 GSL Ref: 140309). e) Lots 109-112: The foundation design of buildings on Lots 109 - 112 shall be undertaken in accordance with the MBIE Guidelines (Canterbury Earthquakes) for Technical Category 2 as determined by the GeoSolve Ltd ‘Geotechnical Report – Revision 1 – Lots 109 – 112’ Riverside Subdivision, Wanaka’ (dated December 2014 GSL Ref: 140309). f)
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 135 and 238, 136 and 239, 145 and 237
g) Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Group “Common Boundaries for Duplex Lots” Job No. W4548, Sheets 2 of 2 dated 16-12-2014 Rev D. Lots: 135 and 238, 136 and 239, 145 and 237 h) For any habitable room within 80m of the Stage Highway 6 carriageway, the owner for the time being shall either:
i)
-
Adhere to building standard AS/NZS 2107:2000, and provide a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the internal design noise level; or
-
Adhere to the requirements set out in the Noise Insulation Construction Schedule, Table 1 in Part 15.2.6.3(i)(g) of the District Plan.
Development on each residential allotment within Riverside Stage 6 is required to comply with the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or
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its successors and assigns) and may be subject to a design approval process prior to construction commencing. Riverside Residential Limited (or its successors and assigns) are the authority responsible for the design approval process. j)
Fencing located adjacent to any reserve boundary shall not exceed 1.2m in height.
k) There shall be no further subdivision of any lot within Sub-Zone C. l)
Lots 58, 60, 65, 66, 265, 263, 70, 102, 105, 107, 262, 261, 260, 108, 109, 110,111: The landscaping implemented as a requirement of Outline Development Master Plan authorised by RM150009 (landscape plan to be approved) shall be irrigated and maintained in perpetuity. Should any plants die or become diseased they shall be replaced in the next planting season.
Review 22. Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: (a)
To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage.
(b)
To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered.
(c)
To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Notes 1. This consent triggers a requirement for Development Contributions, please see the attached information sheet for more details on when a development contribution is triggered and when it is payable. For further information please contact the DCN Officer at QLDC. 2. Prior approval from Councilâ&#x20AC;&#x2122;s Senior Engineer and use of a backflow prevention device will be required to prevent contamination of Councilâ&#x20AC;&#x2122;s potable water supply if this water supply is to be utilised for dust suppression during earthworks. 3. Construction of trails within the Open Space Zone has not been included in this consent. Further resource consents may be required for these works in accordance with Part 20 of the District Plan.
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APPENDIX 2 - Applicantâ&#x20AC;&#x2122;s AEE
V3_08/08/14
24
RM150009
Our Ref: W4548 7 January 2015
Riverside Residential Ltd
Resource Consent Application for Subdivision
Lot 1011 DP 472137
Albert Town
Resource Consent – Riverside Residential Ltd
CONTENTS CONTENTS ...............................................................................................................................2 1.0
APPLICATION DETAILS ....................................................................................................3
2.0
DESCRIPTION OF PROPOSAL ...........................................................................................3
2.1 2.2 3.0 3.1 3.2 3.3 3.4
CONSENT HISTORY ..........................................................................................................3 PROPOSAL ....................................................................................................................3 RELEVANT DISTRICT PLAN PROVISIONS ...........................................................................6 OPERATIVE DISTRICT PLAN..................................................................................................6 ASSESSMENT AGAINST TOWNSHIP RULES ...............................................................................7 ASSESSMENT AGAINST TOWNSHIP ZONE OBJECTIVES AND POLICIES ...............................................12 SUBDIVISION RULES .......................................................................................................14
4.0
ASSESSMENT OF ENVIRONMENTAL EFFECTS ..................................................................16
5.0
AFFECTED PARTIES, CONSULTATION AND NOTIFICATION ................................................18
6.0
CONCLUSION ...............................................................................................................19
APPENDIX A – COMPUTER FREEHOLD REGISTER........................................................................21 APPENDIX B – OUTLINE DEVELOPMENT MASTER PLAN ..............................................................22 APPENDIX C – SCHEME AND EARTHWORKS PLANS ....................................................................23 APPENDIX D – GEOTECH REPORTS ...........................................................................................24 APPENDIX E - DRAFT CONDITIONS OF CONSENT ........................................................................25
L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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Resource Consent – Riverside Residential Ltd
1.0 APPLICATION DETAILS Applicant:
Riverside Residential Ltd
Site Location:
Balance area of Riverside Park subdivision Sherwin Ave and others Albert Town
Legal Description:
Lot 1011 DP 472137
CFR Reference:
643855
Area:
15.044 hectares
Zoning:
Township
2.0 DESCRIPTION OF PROPOSAL 2.1
CONSENT HISTORY
Riverside Park is a comprehensively designed and master planned subdivision in Albert Town. Riverside Park extends along Frye Crescent and Sherwin Avenue to the Albert Town – Lake Hawea Road (SH6) in Albert Town, Wanaka. The Riverside Stage 6 Structure Plan is contained within the Township chapter of the District Plan. The site has an Outline Development Masterplan (ODMP) that was approved by RM070996. This ODMP has been subsequently modified several times. The current ODMP was approved in January 2014 by RM130820. The Riverside Stage 6 subdivision consent was approved by RM071215 and has been modified several times since then. This subdivision approved the creation of 242 residential lots, a site for communal facilities, roads and reserves to vest in Council and several jointly owned access lots. The most recent subdivision approval is RM130820. The foundation design consent notices conditions were amended by RM140754. Seven stages including a total of 118 out of the 242 residential lots have now been completed and titles issued. 2.2
PROPOSAL
Consent is sought to amend the Riverside Park ODMP and the subdivision consent for the remaining areas yet to be developed in the southern part of the site and along the Albert Town – Lake Hawea Road. To ensure ease of future administration this application includes both a new ODMP and subdivision scheme and earthworks plans to supersede and replace those approved by RM130820.
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The decision on RM130820 included Decision 3 on the Clutha Series. This design alternative will not now be constructed and so this component of the previous consent has not been included in this application. The application therefore has two components: Part A – Outline Development Master Plan A new application to approve an amended ODMP. The proposed ODMP plans are contained in Appendix B. Part B –Subdivision Consent An application for subdivision and earthworks to give effect to the ODMP. The scheme and earthworks plans are contained in Appendix C. Given the scale of the development yet to occur a 10 year consent life is sought for the ODMP and the subdivision. This consent will be actioned in stages. The primary difference between the ODMP and scheme plans approved by RM130820 and those currently proposed is that the proposed design provides for 11 additional lots to be provided. The lot and roading layout remains essentially as previously approved with some roads realigned slightly and the lot sizes in the remaining area to be developed have been reduced in order to fit more lots in. Specific changes include: Roading: •
The extension of Sherwin Ave (Lot 971) has had the traffic islands at the intersection to the north of Lot 121 replaced with a roundabout as recommended by the 13/11/07 GHD report on the roading layout.
•
The design of the crescent road in the southern part of the site has been amended slightly to remove a rear lot and to enable more rectangular lot shapes.
•
A jointly owned access lot (Lot 233) has been introduced to replace two leg-in strip and provide access to Lots 97, 98, 101, 102, 105,107 and rear access to Lots 96, 99, 100, 103, 104 and 106.
Lot Size and Numbers: •
Sub-Zone A – Lots 133 – 138 and 145 have been redesigned to better accommodate duplex lots and square these up to make them easier to subdivide and build on. This change also results in an extra lot to the north of Lot 235. Two of the subdivisable lots (those identified with the blue dots) have also been relocated.
•
Sub-Zone B – Three rear lots have been removed as a result of changes to the roading alignment and lot sizes have been reduced, these changes mean that five additional lots can be created between the crescent road and Lot 235. This revised design still provides the reserve and the pedestrian/cycle connection between the crescent road and Lot 235. There is one more rear lot (Lot 264) off the Finch Street extension (Lot 972).
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Sub-Zone C – The lot sizes in the area around the southern and eastern perimeter of the site have been reduced. These lots are still greater that the minimum of 1,000m² and this enables the creation of 28 lots instead of the 22 originally consented. Three sets of plans are included in the application. There is a set of ODMP plans (five sheets), two sheets of scheme plans, and four sheets of earthworks plans, as detailed below. ODMP Plans The application includes a new ODMP (PPG – Riverside Park, Master Plan – W4548 Sheet 1 Rev D 16/12/14). This plan is based on the previous masterplan approved under RM130820 with amendments made only to the undeveloped areas. Associated with the masterplan is a revised street tree plan (PPG – Riverside Park, Street Tree Plan – W4548 Sheet 2 Rev D 16/12/14). Changes on this plan reflect the revised roading alignments, replacing most of the proposed Claret Ashes with Oriental Planes, Sweet Gums, or Upright Elms as the existing Ashes elsewhere in Riverside Park are not doing as well as expected. The roading hierarchy plan (PPG – Riverside Park, Roading Hierarchy Plan – W4548 Sheet 3 Rev D 16/12/14) is the same as the previously approved version with the updated roading and lot layout. The Riverside Park State Highway Interface Plan (PPG – Riverside Park, State Highway Interface Plan – W4548 Sheet 4 Rev D 16/12/14) is essentially as previously approved, this still shows the 10 metre building setback for lots adjoining the state highway, tree planting (see above), but has removed the reference to the stacked stone wall as a macrocarpa post and rail fence has been installed along the highway frontage instead. The typical road cross-sections (PPG – Riverside Park, Primary and Secondary Road Cross Sections – W4548 Sheet 5 Rev D 16/12/14) remain exactly as previously approved, although the key plans have been removed from the top left and right corners. Scheme Plans The scheme plans (PPG – Riverside Park, Subdivision Scheme Plan – W4548 Sheets 1 -2 Rev D 16/12/14) are the same as the ODMP with more detail and these show the subdivision of the duplex lots. The subdivision will be staged. Earthworks Plans The subdivision earthworks plans (PPG – Riverside Park Design and Natural Contours and Earthworks Plans – W4548 Sheets 1 -4 Rev D 16/12/14) are similar to those previously approved with minor amendments made as a result of the changes to the road locations. The changes to the lot layout do not require changes to the areas of cut and fill. Geotech Investigations The site has been classified as LIC 2(P) in QLDC’s 2012 Liquefaction Risk Assessment. GeoSolve have undertaken site specific testing to confirm risk of liquefaction and have classified the majority of the land as TC 2 equivalent and Lots 109-112 as TC2/3 equivalent. These reports are included in Appendix D. GeoSolve have recommended options for foundation design in accordance with MBIE L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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guidelines. GeoSolve have recommended the following consent notice condition apply to the lots, split into two conditions according to specific ground conditions: The foundation design of buildings on Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246, 247, 255 – 265, Riverside Subdivision, Wanaka” (dated December 2014). The foundation design of buildings on Lots 109 - 112 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 109 - 112, Riverside Subdivision, Wanaka” (dated December 2014). The existing consent notice conditions relating to liquefaction have been superseded by these proposed consent notice conditions and so should not pass on to the CFR of lots created by this subdivision. Draft Conditions of Consent The application is similar to that approved by RM130820 and so many of the conditions of that approval remain appropriate. Appendix E contains a list of recommended conditions. These conditions are based on those contained in RM130820 with amendments to reflect the current lot layout.
3.0 RELEVANT DISTRICT PLAN PROVISIONS 3.1
OPERATIVE DISTRICT PLAN
The Riverside Park subdivision has a Township zoning under the Operative District Plan. The two components of the application have been assessed against the relevant provisions of Chapter 9 (Township) and Chapter 15 (Subdivision) and consent is required for the following: 3.1.1
Part A - ODMP
The amended Outline Development Master Plan for Riverside Stage 6 requires land use consent as a Controlled Activity under Rule 9.2.3.2 (iv). 3.1.2
Part B - Subdivision Consent
The subdivision consent requires approval for the following: Land Use •
A restricted discretionary activity under Rule 9.2.3.3 for proposed houses on the six duplex lots to infringe the continuous building length required by Site Standard 9.2.5.1(vi).
•
A non-complying activity under Rule 9.2.3.4 for proposed houses on the six duplex lots to infringe the height recession plane of Zone Standard 9.2.5.2(ii).
•
A non-complying activity under Rule 20.2.2.5(i) for earthworks in the Open Space zone not associated with the creation of walking or cycling tracks.
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Subdivision •
A discretionary activity under Rule 15.2.3.3.(i) as fourteen of the lots will not be able to provide the 15m by 15m square required by Site Standard 15.2.2(ii).
•
A non-complying activity under Rule 15.2.3.4(i) as the proposal does not comply with zone standard 15.2.6.3(i)(a) as lots in Subzone A do not comply with the average size of 600m².
3.2
ASSESSMENT AGAINST TOWNSHIP RULES
The ODMP, subdivision and earthworks application has been assessed against the rules, site and zone standards and assessment matters for the Township zone as documented below. For brevity only the relevant provision are quoted and an assessment against these matters is documented, the other provisions have been assessed but are not considered relevant to this application. Activity Status for ODMP Rule 9.2.3.2 (iv) Controlled Activity within the Riverside Stage 6 site, an Outline Development Master Plan of the site lodged with the Council pursuant to Rule 9.2.5.2(viii) in respect of: (a) Consistency with the Riverside Stage 6 Structure Plan (b) The maintenance of view shafts (c) Subdivision design, lot configuration, densities and allotment sizes, including the provision for duplex development and smaller lot sizes within Sub-Zone A through comprehensive subdivision design (d) Provision of an interconnected roading pattern (e) The provision of a buffer area and mitigation measures to minimise noise and visual impacts from State Highway 6 (f) Landscaping (g) The provision of Design Guidelines to apply to all buildings erected within the area subject to the Outline Development Master Plan (h) Consistency with the relevant objective and policies within the Township Zone In relation to these matters: (a)
The layout is generally consistent with the Riverside Stage 6 Structure Plan as implemented through the various ODMPs approved for this subdivision. The roading pattern remains essentially as previously approved, although some of the road alignments have been modified to provide better shaped lots. Some of the subzone boundaries have been adjusted (as has occurred previously when the original ODMP was approved) slightly to follow the proposed road alignments, this also enables more efficient use of land and the creation of additional lots within the same development area.
(b)
The proposed ODMP is similar in layout to that previously approved and so does not affect view shafts.
(c)
The subdivision design is similar to that previously approved, the roading alignment has been amended to allow an enhanced lot configuration with more rectangular lots that are easier
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to build on (particularly for the duplex lots). The proposed design continues to provide the ability to develop duplex units within in Sub-Zone A. (d)
The roading design is only slightly different to that previously approved. The proposed design continues to provide the same interconnected roading pattern as previous subdivision layout, indeed this has been enhanced with the inclusion of another access lane servicing Lots 96-101, 103-104 and 106.
(e)
The 10m buffer area and landscaping along SH 6 remains unchanged.
(f)
Landscaping changes are limited to replacing most of the proposed Claret Ashes with Oriental Planes, Sweet Gums, or Upright Elms as the existing Ashes elsewhere in Riverside Park are not doing as well as expected. Additional planning along SH6 will be undertaken as a result of the stacked stone in this area being replaced by a macrocarpa post and rail fence that has been installed instead.
(g)
Design guidelines will not change as a result of this revised ODMP.
(h)
See below for an assessment against the Township objectives and policies.
Site Standards Rule 9.2.5.1 (i) Site Density (b) (c)
Within Subzone ‘A’ of the Riverside Stage 6 site at Albert Town, the minimum net allotment size per residential until shall be 400m²; Within Riverside Stage 6, Subzone ‘B’, there shall be one residential unit per allotment;
All lots within subzone A are in excess of 400m² and it is intended that there will be only one house per allotment. Complies. Rule 9.2.5.1 (ii) Building Coverage (a)
The maximum building coverage for all activities on any site shall be 35% except for buildings within Commercial Precincts or Visitor Accommodation Sub-Zones. Within the Riverside Stage 6 site at Albert Town the maximum building coverage for all activities on any site shall be: (i) Lots within Subzone ‘A’ – 40 % (ii) Lots within Subzone ‘B’ – 35% (iii) Lots within Subzone ‘C’ – 35%
Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply, or will require land use consent. Rule 9.2.5.1 (iii) Setback from Roads, Reserves and Access Lanes (d)
Within the Riverside Stage 6 site at Albert Town: - any building within the Subzone ‘C’ area shall be set back 10m from the boundary adjoining State Highway 6; - within Subzone ‘A’, where a site is adjacent to a public reserve, there shall be a minimum setback of 2 metres for any building from the reserve boundary;
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- within Subzone ‘A’, there shall be a minimum setback of 2m from road boundaries (excluding secondary rear access lanes); - within Subzone ‘A’, where the site has access to a secondary rear access lane, all residential dwellings shall be set back at least 2 metres from the rear lane boundary, and there shall be no setback requirements for this rear lane for garages and accessory buildings; - where sites have access to a secondary rear access lane, all residential dwellings shall front the primary public road. Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply, or will require land use consent. Rule 9.2.5.1 (iv) Setback from Internal Boundaries Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply, or will require land use consent. Rule 9.2.5.1 (v) Access Each residential unit shall have legal access to a formed road except: (a)
Within the Riverside Stage 6 site at Albert Town, where access to a secondary rear lane is available, all garaging and vehicle access to the site must be provided via this rear lane.
Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply, or will require land use consent. Rule 9.2.5.1 (vi) Continuous Building Length Where the aggregate length of buildings measured parallel to any internal boundary exceeds 16m; either the entire building(s) shall be set back an additional 0.5m for every 6m of additional length or part thereof from the minimum yard setback (continuous façade(s) at the same distances from the boundary) or that part of the building(s) which exceeds the maximum building length shall be progressively set back 0.5 m for every 6 m of additional length or part thereof from the minimum yard setback (varied façade(s) with stepped setbacks from the boundary). Future buildings on Lots 145/237, 135/238 and 136/239 may exceed the 16m continuous building length and so may infringe this rule. Consent is sought to allow this infringement. This infringement remains the same as previously approved. The consent notice on the previous consent in relation to this matter is still appropriate. Rule 9.2.5.1 (vii) Outdoor Living Space Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply with the standards for outdoor living space, or will require land use consent. Rule 9.2.5.1 (xii) Earthworks See following subdivision assessment L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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Rule 9.2.5.1 (xiii) Fence Heights Within the Riverside Stage 6 site at Albert Town, no solid fence constructed or otherwise erected within the Road Setback shall exceed 1.2m in height above ground level. Fencing within the road setback is not proposed as part of this application. Future fencing on each lot will comply with this standards, or will require land use consent. Zone Standards Rule 9.2.5.2 (i) Building Coverage (a)
The maximum building coverage for all activities on any site shall be 40% except for buildings within Commercial Precincts or Visitor Accommodation Sub-Zones.
Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply with the standards for outdoor living space, or will require land use consent. Rule 9.2.5.2 (ii) Building Height Buildings on the lots are not proposed as part of this application. Future buildings on each lot will comply with the standards for outdoor living space, or will require land use consent. Rule 9.2.5.2 (iii) Glare Lighting will be assessed as part of future building and so will comply, or will require land use consent. Rule 9.2.5.2 (viii) Riverside Stage 6 – Outline Development Master Plan No subdivision or development shall take place within Subzones ‘A’, ‘B’ or ‘C’ identified on the Riverside Stage 6 Structure Plan unless in accordance with an Outline Development Master Plan that has been lodged and approved by Council pursuant to Controlled Activity Rule 9.2.3.2(iv). This application includes a revised ODMP, and so this rule is complied with. Rule 9.2.5.2 (ix) Subdivision, use and development – Riverside Stage 6 All subdivision, use and development within Riverside Stage 6 shall be generally in accordance with the Riverside Stage 6 Structure Plan identified on the last page of this section. Reserves, including neighbourhood parks, and areas of open space and rear lanes may be subject to changes in location and form through the Outline Development Master Plan process. The subdivision is generally in accordance with the Riverside Stage 6 Masterplan and the ODMPs previously approved. Proposed ODMP details have been described in previous paragraphs. Assessment Matters Rule 9.3.2 (iii) Controlled Activity - Outline Development Master Plan for Riverside Stage 6. Conditions may be imposed to ensure that: L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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(a)
Subdivision design and configuration: (i) Methods are identified to integrate the development with the existing pattern and character of development at Albert Town. (ii) Lots are orientated to achieve maximum solar gain, and where possible lots are provided that are deep and align north-south with streets aligned east-west. (iii) Methods are incorporated to encourage coordinated building styles, materials and external elements. (iv) A permeable layout with strongly defined active street frontages is achieved. Comments: The proposed design does not change the pattern or the character of the development of the site from outside the site and will not alter how the development integrates with the existing Albert Town character. Lots have wherever possible been aligned to maximise solar gain. Compliance with the Design Statement and Built Form Guidelines is a requirement of the consent notice condition. The roading pattern provides a permeable layout with only some minor amendments from that previously approved and provides strongly defined and active street frontages.
(b)
Development Density (i) There is a mix of allotment sizes throughout the development (ii) Wherever possible, smaller lots are located alongside parks and reserves. (iii) Duplex development within 50-55% of sub-zone A is encouraged with the Outline Development Master Plan Comments: The ODMP layout provides a mix of lot sizes within the development (including some duplex units), with the smaller lots generally located adjacent, or in close proximity to neighbourhood parks.
(c)
Roading, Pedestrian and Cyclist Connectivity: (i) Secondary rear access lanes for lots fronting the central main street are provided where possible. (ii) Alignment, design and treatment of roading promotes safe vehicle speeds. (iii) Where possible and cost effective, incorporate techniques where roads and public spaces can provide “green engineering” solutions for drainage. (iv) Street planting and beautification techniques are identified. (v) The ‘Albert Town Loop Walkway’ is continued through the escarpment area linking with existing walking links to Mt Iron. (vi) Easy to walk pedestrian linkages are provided throughout the road network and via dedicated walkways from residential lots to neighbourhood parks and the escarpment reserves areas. (v) Cycleways are provided throughout the site. Comments: The roading layout is essentially the same as previously approved, with a different intersection design (as recommended by the GHD report) and an additional rear lane.
(d)
Reserve Areas (i) An appropriate number of neighbourhood parks to be used for children’s play areas, recreational spaces and/or community purposes to be interspersed throughout the development. (ii) Provision is made for planting of trees within neighbourhood parks. (iii) The western escarpment and wetland areas are created as public reserve areas.
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(iv)
Appropriate methods to supplement and/or protect native vegetation within the western escarpment and ecological values within the wetland area are adopted.
Comments: The ODMP provides neighbourhood parks in the same locations and similarly sized to those previously approved. These reserves will have trees planted as per the tree planting plan. The western escarpment is still to vest in Council as recreation reserve and the native vegetation will be retained except for the road down the escarpment. (e)
Landscaping (i) Appropriate design responses to managing the interface between the site and State Highway 6 are adopted. Comments: The interface between the site and the highway are the same as previously approved.
(f)
Built Form (i) Appropriate building style and external appearance guidelines are provided, and methods for their implementation identified, such as via developer design approval processes, the use of a pattern book and/ or the use of covenants or encumbrances. (ii) Residential design guidelines are adopted that are to be employed on those lots identified to enable higher density development. (iii) The adoption of building standards to remedy or mitigate the effects of noise from traffic use of State Highway 6 on any habitable rooms within 80 metres of the State Highway 6 carriageway. Comments: The built form, design guidelines and acoustic treatment remains as previously approved.
(g)
Parking and Garaging (i) Provision is made to require all driveways to include sufficient space for vehicles to stand completely clear of the road and footpath. Comments: Remains as previously approved.
Rule 9.3.2 (xi) Continuous Building Length and External Appearance of Buildings (a) Any adverse effects of the continuous building length in terms of visual dominance by building(s) on the outlook from the street and adjoining sites, in a manner which is out of character with the local area. (b) The extent to which the continuous building length or the external appearance of the building detracts from the pleasantness and openness of the site, as viewed from the street and adjoining site. (c) The ability to mitigate any adverse effects on the visual amenities of the area, of the continuous building through increased separation distances, screening or use of other materials. Comments: Remains as previously approved and appropriately provided for in the proposed consent notice.
3.3
ASSESSMENT AGAINST TOWNSHIP ZONE OBJECTIVES AND POLICIES
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Objective 2 â&#x20AC;&#x201C; Riverside Stage 6 Comprehensive development within Riverside Stage 6 that: complements the character of Albert Town provides an interconnected network of streets and walkways that facilitates a safe, efficient and pleasant walking, cycling and driving environment provides for a variety of lot sizes and densities promotes the efficient and sustainable use of land protects and enhances significant landscape and environmental features facilitates an integrated approach to the design of open space and urban water management creates cost-effective and resource-efficient development manages the effects of State Highway 6 on Albert Town provides a high quality living environment Policies â&#x20AC;&#x201C; Riverside Stage 6 2.1
To facilitate a site responsive approach to residential development on the Riverside Stage 6 site that recognises and is consistent with the existing character of Albert Town.
2.2
To create active interfaces between streets and land uses, with building frontages to streets that improve amenity and safety through increased surveillance and activity.
2.3
To facilitate an efficient and sustainable approach to urban development by maximising land use efficiency and minimising energy use.
2.4
To provide a safe and visually attractive urban environment that provides a variety of housing types and densities to meet the diverse needs of the community.
2.5
To provide a movement network which incorporates a highly interconnected street network that clearly distinguishes between arterial routes and local streets, establishes good internal and external access for residents, provides safe and efficient pedestrian and cycle linkages and supports public transport.
2.6 9 2.7
To provide for safe attractive and useable community and outdoor spaces.
2.8
To provide an attractive buffer between residential development and State Highway 6.
2.9
To provide cost-effective housing options, including the provision of duplex housing within sub-zone A.
2.10
To ensure that new residential development incorporates best practice stormwater management techniques.
To protect and enhance the landscape and environmental features of the site.
2.11 To ensure that new residential development incorporates best practice noise attenuation techniques in order to manage the effects of noise from the State Highway on residential amenity.
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Comments on Objectives and Policies: The proposed land use infringements are the same as previously approved, the revised ODMP results in a character of development that is consistent with the previously developed areas of Riverside. The roading layout is essentially the same as previously approved and so provides for an interconnected network of streets and walkways, and the same safe, efficient and pleasant walking, cycling and driving environment as provided in the earlier stages of Riverside. The ODMP provides a variety of lots sizes from 400m² sections in subzone A that enable the construction of duplex units, 700 – 900m² sections in subzone B and lots in excess of 1,000m² in subzone C in the southern corner of the site and along SH6 and so complies with this component of the objective. The proposed subdivision layout provides a more efficient use of land than previous designs in that it enables a greater number of sections to be provided in the same development area. This is more efficient that the previous designs and assists in accommodating growth as identified in the Issues relevant for Riverside Stage 6. The proposed design is as sustainable as that previously approved, while maximising land use efficiency. The proposed design is the same as previously approved in relation to the protection and enhancement of significant landscape and environmental features, and achieves the same open space and water management outcomes as previous designs. The proposed ODMP subdivision layout is more cost effective and resource efficient than previous designs as it results in more sections in the same development footprint and for the same amount of infrastructure. At the same time the proposed design will still achieve a high quality and visually attractive living environment, with active building frontages. The effects of SH6 are managed in the same way as previously approved with sections in excess of 1,000m adjacent to the highway, with tree planting and other landscaping along the rear of these lots and acoustic insulation for houses within 80m of the carriageway of the highway. Overall the revised ODMP and land use infringements are considered to be the same as previously approved and or consistent with the objectives and policies with greater ability to accommodate growth and a more cost effective and resource (including land) efficient development than that previously approved.
3.4 3.4.1
SUBDIVISION RULES Site Subdivision Standards
Rule 15.2.6.2 Site Subdivision Standards – Lot Sizes and Dimensions Site Subdivision Standard (i) Lot Sizes (ii) Lot Dimensions Township zones 15mx15m (iii) Certification of Allotments (iv) Lot Averages (v) Boundary Planting (vi) Shotover Country Special Zone
Comments N/A The duplex lots Lots 135/238, 136/239 and 145/237 cannot provide a 15m square. Infringes N/A N/A N/A N/A
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The application therefore infringes one Site Subdivision Standard. 3.4.2
Zone Subdivision Standards
Rule 15.2.6.3 Zone Subdivision Standards – Lot Sizes and Dimensions Zone Subdivision Standard (i) Lot Sizes Township Riverside Subzone A 50-55% of lots will be developed to a minimum area of 400m². Average lot size 600m², Maximum lot size 800m². Subzone B Average lot size 800m² (minimum 700m², maximum 1,000m²). Subzone C minimum 1,000m², maximum 2,000m²
Comments Subzone A • Percent at 400m² Subzone A (total overall) = 34 lots, 32 at 800m², 2 at 600m², 18 subdividable = 53% complies. • Minimum All lots are in excess of 400m², complies. • Maximum All lots are 800m² or less, complies. • Averages Subzone A (approved) 18 subdividable lots = 36 at 400m² and 15 at 800m² = 517m² average (infringes but already consented) Subzone A (proposed) = 36 at 400m², 14 at 800m² and 2 at 600m²= 515m² average (infringes) Subzone B Average lot size = 815m2 Complies Maximum lot size of all proposed lots is at or below 1,000m² and so complies. Subzone C All lots are greater than 1,000m² and less than 2,000m² and therefore comply.
The existing consent notice from the previous decisions adequately cover these matters and would be appropriate to reimpose.
(g) Riverside Stage 6 – Albert Town
Any subdivision of the Riverside Stage 6 site at Albert Town shall include consent notice on each The rear lanes are between 5m and 6m in width. resultant certificate of title that requires: (i) adherence to the built form guidelines; (ii) adherence to insulation requirements; and (iii) restrictions on the use of solid fuel burners; (iv) for any habitable room within 80m of the State Highway 6 carriageway either: adherence to building standard AS/NZS2107:2000, and provision of a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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internal design noise level; or - adherence to the requirements set out in the Noise Insulation Construction Schedule, table 1 in part 15.2.6.3(i)(g) as contained within the Riverside Stage 6 Outline Development Master Plan approved pursuant to Rule 9.2.5.2(viii). For the purpose of providing secondary rear access lanes the minimum width of any secondary rear access lane shall be 5m (min) and 6m (max). Any subdivision of the Riverside Stage 6 site at Albert Town shall include a covenant on each resultant certificate of title within Subzone ‘C’ that prevents the further subdivision of these allotments. (ii) Lot Averages (iii) Building Platforms (iv) Development Areas and Undomesticated Areas within the Rural Residential sub-zone at Bob’s Cove (v) Building Platforms – Quail Rise Zone R2 (vi) The Ferry Hill Rural Residential Sub-Zone (vii) Rear Sites in Three Parks (viii) Rear Sites in the Industrial B Zone (ix) Industrial B Zone subdivision in the fixed open space areas (x) Within the Connell Terrace Precinct of the Industrial B Zone any subdivision of Special Use Area A from the adjoining open space area
N/A N/A N/A
N/A N/A N/A N/A N/A N/A
The application therefore complies with all the Zone Subdivision Standards, with the exception of the average lot size in Subzone A, this is an existing approved infringement.
4.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS The environmental effects of the proposed land use and subdivision components have been assessed under the following headings:
Land, Flora and Fauna Effect Vegetation Wildlife Landform Waterbodies Groundwater
Effects on the Environment Other Comments
All less than minor
Effects on land, flora and fauna are all considered to be less than minor. Effects are no different to those
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Contamination Natural Hazards
previously approved.
Infrastructure Effect Water Supply Effluent Disposal Stormwater Control Energy Supply Telecommunication Pollution
Effects on the Environment
All less than minor
Other Comments All lots will be provided with normal urban services, in accordance with Councilâ&#x20AC;&#x2122;s standards. No change from previously approved.
services
People and Built Form Effect Neighbourhood Character Visibility Building Density
Effects on the Environment
Other Comments
All less than minor Effects are no different to those previously approved. The effects of additional lots will not be noticeable from outside the site.
On-site Amenity Productive Capacity Views and Outlook Cumulative Effects Precedent Effect Reverse Sensitivity Traffic Generation and Vehicle Movements Effect On-Site Parking On-Street Parking
Effects on the Environment
Other Comments
All less than minor
Effects on traffic generation and vehicle movements are all considered to be less than minor.
Vehicle Safety
There will be no perceivable difference in traffic effects from those previously approved.
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Nuisance Effect Odour Noise
Effects on the Environment
Other Comments
All less than minor
Nuisance effects are all considered to be less than minor. Effects are no different to those previously approved.
Effect Sites of Heritage Significance
Effects on the Environment No change from consented
Other Comments Site is clear of known sites of heritage significance.
Sites of Cultural Significance
Nil
Hours of Operation Dust Air Discharges Vibration Cultural
Scale of Environmental Effects Nil Effects Less than Minor Adverse Effects
No effects at all. Adverse effects that are discernable day-to-day effects, but too small to adversely affect other persons. Minor Adverse Effects Adverse effects that are noticeable but that will not cause any significant adverse impacts. More than Minor Adverse Effects Adverse effects that are noticeable that may cause an adverse impact but could be potentially mitigated or remedied. Significant Adverse Effects that Could Be Remedied An effect that is noticeable and will have a or Mitigated. serious adverse impact on the environment but could potentially be mitigated or remedied. Unacceptable Adverse Effects Extensive adverse effects that cannot be avoided, remedied or mitigated. Overall it is considered that there will be no difference in perceivable environmental effects from those previously approved, and therefore the environmental effects of the revised ODMP and subdivision will be less than minor.
5.0 AFFECTED PARTIES, CONSULTATION AND NOTIFICATION No parties are considered to be adversely affected by the proposed subdivision and land use components as the effects of the proposed changes are internal to within Riverside and will not be perceivable from outside the site. The changes remain in accordance with the outcomes anticipated in the Township zone, previous Outline Development Masterplans, subdivision consents and variations, albeit with slightly more lots. L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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The application seeks a 10 year consent. This does not mean that the subdivision works for Riverside will continue non-stop for 10 years, but rather that the development is expected to be developed in stages over this period according to the demand for sections. The adverse environmental effects of the subdivision and land use components are considered to be no more than minor. There is no rule or national environmental standard that requires the application to be publicly notified. There are no special circumstances in relation to the application for the utility shed. The adverse environmental effects of the earthworks component of the application are considered to be no more than minor. The applicant has not requested that the application be publicly notified and it is considered that no special circumstances exist that would warrant notification of this application. It is therefore considered that the application could be processed on a non-notified basis.
6.0 CONCLUSION Consent is sought to amend the Riverside Park ODMP and the subdivision consent for the remaining areas yet to be developed in the southern part of the site and along the Albert Town â&#x20AC;&#x201C; Lake Hawea Road. This application includes both a new ODMP and subdivision scheme and earthworks plans to supersede and replace those approved by RM130820, although the application is substantially the same as that previously approved. The primary difference between the ODMP and scheme plans approved by RM130820 and the application is that the proposed design provides for 11 additional lots to be provided. The lot and roading layout remains essentially as previously approved with some roads realigned slightly and the lot sizes in the remaining area to be developed have been reduced in order to fit more lots in. This change does not create any additional infringements beyond those previously approved and is considered to be in accordance with the relevant objectives and policies. Specifically the changes are considered to make a more efficient use of land, enhance the ability to accommodate growth and enable a more cost effective and resource efficient development. Given the scale of the development yet to occur a 10 year consent life is sought for both the subdivision and land use components. No parties are considered to be adversely affected by the proposed subdivision and land use components as the applications are generally in accordance with the outcomes anticipated in the Township zone, the Outline Development Masterplan, subdivision consents and several variations. Subdivision works on the Riverside Park subdivision have been ongoing since 2007 and are currently underway. Accordingly no parties are considered to be adversely affected by the revised ODMP, land use infringements and subdivision. The application seeks a 10 year consent. This does not mean that the subdivision works for Riverside will continue non-stop for 10 years, but rather that the development is expected to be developed in stages over this period according to the demand for sections.
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The adverse environmental effects of the subdivision and land use components are considered to be no more than minor. There is no rule or national environmental standard that requires the application to be publicly notified. There are no special circumstances in relation to the application for the utility shed. The adverse environmental effects of the earthworks component of the application are considered to be no more than minor. The applicant has not requested that the application be publicly notified and it is considered that no special circumstances exist that would warrant notification of this application. It is therefore considered that the application could be processed on a non-notified basis and approved subject to the conditions contained in Appendix E.
Yours faithfully
Duncan White Planner Paterson Pitts Partners (Wanaka) Ltd.
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APPENDIX A – COMPUTER FREEHOLD REGISTER
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APPENDIX B – OUTLINE DEVELOPMENT MASTER PLAN
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APPENDIX C – SCHEME AND EARTHWORKS PLANS
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APPENDIX D – GEOTECH REPORTS
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APPENDIX E - DRAFT CONDITIONS OF CONSENT
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Decision 1: ODMP General Conditions 1. That future development within the Riverside Stage 6 site be carried out in accordance with the approved Outline Development Master Plan titled ““Riverside Park, Master Plan” (prepared by PPGroup, Job No W4548, Sheet 1 of 5, dated 16/12/2014, Rev D) (stamped as approved on …………….. 2014), with the exception of the amendments required by the following conditions of consent. 2. That future development within the Riverside Stage 6 site be carried out in accordance with the application documents and information entered into Council records under RM…………… and approved plans as follows: -
“Riverside Park, Street Tree Plan” (prepared by PPGroup, Job No W4548, Sheet 2 of 5, dated 16/12/2014, Rev D) “Riverside Park, Roading Hierarchy Plan” (prepared by PPGroup, Job No W4548, Sheet 3 of 5, dated 16/12/2014, Rev D) “Riverside Park, State Highway 6 Interface Plan” (prepared by PPGroup, Job No W4548, Sheet 4 of 5, dated 16/12/2014, Rev D) “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 5 of 5, dated 16/12/2014, Rev D) Landscape plan submitted and approved in accordance with Condition (7) of resource consent RM081072.
3. That unless it is otherwise specified in the conditions of this consent, compliance with any monitoring requirement imposed by this consent shall be at the consent holder’s own expense. 3(a) The duration of this consent shall be ten years from date of the decision. Reserves 4. At the time a subdivision application is lodged to undertake the subdivision indicated on the Riverside Stage 6 Outline Development Master Plan the consent holder shall make provision for the Open Space Zone within Riverside Stage 6 to be vested in Council as reserve. This vesting shall occur prior to certification of the subdivision in accordance with section 224(c) of the Resource Management Act 1991. This vesting may occur progressively in stages that match the staging of the subdivision. Engineering Conditions 5. At the time a subdivision application is lodged to undertake the subdivision as indicated on the approved Riverside Park Outline Development Master Plan, all engineering aspects shall be designed in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. 6. The roading network for the subdivision shall be designed in accordance with the Riverside Park Roading Hierarchy Plan (prepared by PPGroup, Sheet 3 of 5, dated 16/12/2014, Rev D) and the Traffic Design Group report (dated October 2007) except where amended by the following conditions: L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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a) Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council. b) Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements. c) Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council. d) Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07. e) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. f)
Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads.
g) All road marking, signage and road naming signs shall be installed and complete prior to the issuing of any certificates of titles. h) The formation of the intersection with Aubrey Road shall be undertaken in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder. i)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
7. The consent holder shall submit to the Council for approval a landscape plan showing the landscape treatment along the site boundary adjoining State Highway 6. Once approved, the landscape plan shall form part of the Outline Development Master Plan. The landscape plan shall include the following: a) Shrub species in addition to the specimen trees identified on the Street Tree Plan included as Appendix G in the Outline Development Master Plan. The intent of the shrub species is to provide a visual buffer to a minimum height of 1.2 metres for users of State Highway 6, to replace the visual buffer previously achieved by the stacked stone wall. b) The location, species and density of all trees and shrubs to be planted along the boundary of L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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the site adjoining State Highway 6. 8. At the time the subdivision is undertaken a covenant shall be prepared and registered on Lots 58, 60, 65, 66, 265, 263, 70, 102, 105, 107, 262, 261, 260, 108, 109, 110, 111 to require the following on a continuing basis: a) The landscaping shown on the landscape plan approved by Condition (7) of RM…………. and installed at the time of subdivision shall be irrigated and maintained in perpetuity. Should anytree die or become diseased it shall be replaced in the next planting season with a species that achieves the same level of screening from State Highway 6. Advice Note 1. The community hall, childcare centre, community facility and utility facility as shown on the Outline Development Master Plan have not been assessed as part of this proposal and additional resource consents may be required for these activities. Their location on the Outline Development Master Plan does not prejudice the outcome of any future resource consent application for these activities. 2. The formation of walking and cycling trails within the Open Space Zone requires resource consent pursuant to Rule 20.2.2.2(ii) of the District Plan and have not been provided for in this decision.
Decision 2: Subdivision and Land Use LAND USE CONDITIONS 1
That the development be carried out in accordance with the plan “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 16/12/2014, Rev D) (stamped as “Approved Plan” dated ……………. 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 135 and 238, 136 and 239, 145 and 237
3
Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan “Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 16/12/2014, Rev D) Lots: 135 and 238, 136 and 239, 145 and 237
4
The duration of this consent shall be ten years from date of the decision.
SUBDIVISION CONDITIONS 1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated ……………. 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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The approved plans are as follows: - “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 16/12/2014, Rev D) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 16/12/2014, Rev D) - “Riverside Park, Design & Natural Contours” (prepared by PPGroup, Job No W4548, Sheet 1 of 4, dated 16/12/2014, Rev D) - “Riverside Park, Cut - Fill Areas” (prepared by PPGroup, Job No W4548, Sheet 2 of 4, dated 16/12/2014, Rev D) - “Riverside Park, Earthworks Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 3 of 4, dated 16/12/2014, Rev D) - “Riverside Park, OSZ Earthworks for Subdivision” ” (prepared by PPGroup, Job No W4548, Sheet 4 of 4, dated 16/12/2014, Rev D) 1(a)
The duration of this consent shall be ten years from date of the decision.
Staging 2.
In order to allow for the development and release of allotments in a controlled and logical manner the subdivision may be staged in any order that the consent holder sees fit provided that all residential allotments within each stage are adequately serviced and accessed in accordance with the conditions of this consent.
3.
If the subdivision is staged in accordance with Condition (2) and the consent holder submits a survey plan showing lots that are proposed to be amalgamated and no further survey plan or section 224(c) certification would be required to obtain title for those lots then, prior to certification of that stage (pursuant to Section 224 of the Act), a consent notice shall be registered in order to ensure that all conditions relating to the lots to be amalgamated have been satisfied or bonded and development contributions have been paid before the amalgamated lots can be deamalgamated. Conditions in the following form shall be registered on the Computer Freehold Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act and shall apply only in relation to those lots that are to be amalgamated with the balance lots: (a) To give effect to this condition, all consent conditions related to those lots shall be completed and the conditions in the following form shall be registered on the Computer Freehold Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act: i)
ii)
Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to Section 226/241 of the Act, all land use and subdivision conditions of RM…………….that apply to the lot have been satisfied. This will require the reinspection of services and any necessary infrastructure. Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to
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Section 226/241 of the Act, Development Contributions shall be paid for Lot X. Development contributions shall be paid at the rate calculated for the relevant stage under RM…………….. As per the 2013 Development contribution policy. All DCN’s issued after 1 July 2013 will be valid for 24 months from the date of issue and then recalculated for payment under the policy relevant at that time in order to establish the relevant development contribution payable for the release of that lot. (b)
If the Territorial Authority has confirmed in writing that it is satisfied that the conditions of (a) (i) and (ii) above have been complied with then those consent notice conditions, along with this condition, may be deemed to be expired for the purpose of Section 221(5) of the Act.
General 4.
All engineering works shall be carried out in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise.
Hours of construction work 4a.
That all earthworks and construction works including the off-loading of materials onto the subject site shall be restricted to the hours between 7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday. No work shall occur on Sundays or public holidays. The intent of such a condition is to ensure residential amenity is maintained for the surrounding neighbours.
To be completed prior to the commencement of any works on-site 5.
Prior to the commencement of any works on site, the consent holder shall provide a letter to the Principal Resource Management Engineer at Council advising who their representative is for the design and execution of the engineering works and construction works required in association with this subdivision and shall confirm that these representatives will be responsible for all aspects of the works covered under Sections 1.4 & 1.5 of NZS4404:2004 “Land Development and Subdivision Engineering”, in relation to this development.
6.
At least 5 working days prior to commencing work on site the consent holder shall advise the Principal Resource Management Engineer at Council of the scheduled start date of physical works. Compliance with the prior to commencement of works conditions detailed in Condition (12) below shall be demonstrated.
7.
Prior to commencing any work on the site the consent holder shall install a construction vehicle crossing, which all construction traffic shall use to enter and exit the site. The minimum standard for this crossing shall be a minimum compacted depth of 150mm AP40 metal that extends 10m into the site.
8.
No access for earthworks purposes shall be made directly on to or off SH6 without approval from the New Zealand Transport Agency The consent holder shall install measures to control and/or mitigate any dust, silt run-off and sedimentation that may occur, in accordance with NZS 4404:2004 and ‘A Guide to Earthworks in the Queenstown Lakes District’ brochure, prepared by the Queenstown Lakes District Council.
9.
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These measures shall be implemented prior to the commencement of any earthworks on site and shall remain in place for the duration of the project, until all exposed areas of earth are permanently stabilised. 10.
At least 7 days prior to commencing earthworks, the consent holder shall provide the Principal Resource Management Engineer at Council with the name of a suitably qualified professional as defined in Section 1.4 of NZS 4404:2004 who shall supervise the excavation and fill procedures. This engineer shall continually assess the condition of the site and implement any design changes / additions if and when necessary.
11.
Prior to commencing works on site, the consent holder shall obtain and implement an approved traffic management plan from Council if any parking, traffic or safe movement of pedestrians will be disrupted, inconvenienced or delayed, and/or if temporary safety barriers are to be installed within or adjacent to Council’s road reserve.
12.
Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (4), to detail the following engineering works required: a) The provision of a water supply to all proposed lots, including recreation reserves to vest, in terms of Council’s standards and connection policy. This shall include an Acuflo CM2000 as the toby valve. The costs of the connections shall be borne by the consent holder. b) The provision of a foul sewer connection from all lots to Council’s reticulated sewerage system in accordance with Council’s standards and connection policy. The costs of the connections shall be borne by the consent holder. c) The provision of a connection from all potential impervious areas within the proposed lots to the Council reticulated stormwater disposal system. The individual lateral connections shall be designed to provide gravity drainage for the entire area within each lot. d) The provision of fire hydrants with adequate pressure and flow to service the development with a minimum Class FW2 fire fighting water supply in accordance with the NZ Fire Service Code of Practice for Firefighting Water Supplies SNZ PAS 4509:2008 (or superseding standard). Any alternative solution must be approved in writing by the Area Manager for the Central North Otago branch of the New Zealand Fire Service. e)
The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 66, 264, 265, 263, 70, 110, 111, 147 and 148 to Council’s standards.
f)
The formation of all roads and access lots, in accordance with Council’s standards, the “Riverside Park, Roading Hierarchy Plan” (prepared by PPGroup, Job No W4548, Sheet 3 of 5, dated 16/12/2014, Rev D) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions:
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•
Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements.
•
Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07.
g) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. h) Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads. i)
The formation of intersection with Aubrey Road, in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder.
j)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
k) The provision of Design Certificates for all engineering works associated with this subdivision/development submitted by a suitably qualified design professional (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of the NZS4404 Schedule 1A Certificate. To be monitored throughout earthworks 13. 14.
No more than 5.8Ha shall be exposed at any one time. Previously exposed areas are to be to a stage where they no longer can cause a dust nuisance before other areas are exposed. Temporary retention systems shall be installed wherever necessary immediately following excavation to avoid any possible erosion or instability.
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15.
The consent holder shall implement suitable measures to prevent deposition of any debris on surrounding roads by vehicles moving to and from the site. In the event that any material is deposited on any roads, the consent holder shall take immediate action, at their expense, to clean the roads. The loading and stockpiling of earth and other materials shall be confined to the subject site.
16.
No earthworks, temporary or permanent, are to breach the boundaries of the site, with the exception of the earthworks required to connect to Aubrey Road.
To be completed before Council approval of the Survey Plan 17.
Prior to the Council signing the Survey Plan pursuant to Section 223 of the Resource Management Act 1991, the consent holder shall complete the following: a) All necessary easements shall be shown in the Memorandum of Easements attached to the Survey Plan and shall be duly granted or reserved. b) The names of all roads, private roads & private ways which require naming in accordance with Council’s road naming policy shall be shown on the survey plan. [Note: the road naming application should be submitted to the Technical Officer: Infrastructure and Assets and should be lodged prior to the application for the section 223 certificate] c) All areas containing uncertified fill generated by the Riverside Park subdivision shall be shown as ‘Uncertified Fill Covenant Area’ on the survey plan.
Amalgamation conditions 18.
That Lot 233 hereon (legal access) be held as to 12 undivided one-twelfth shares by the owners of Lots 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.
19.
That Lot 234 hereon (legal access) be held as to 4 undivided one-fourth shares by the owners of Lots 141, 142, 143, 144 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.
20.
That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.
To be completed before issue of the s224(c) certificate 21.
Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: a) The submission of ‘as-built’ plans and information required to detail all engineering works completed in relation to or in association with this subdivision/development at the consent holder’s cost. This information shall be formatted in accordance with Council’s ‘as-built’ standards and shall include all Roads (including right of ways and access lots),
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Water, Wastewater and Stormwater reticulation (including private laterals and toby positions). b)
The completion and implementation of all works detailed in Condition (12) above.
C)
Provide certification to the Principal Resource Management Engineer at Council, in accordance with NZS 4431:1989, for all areas of fill within the site on which buildings are to be founded (if any). Note this will require supervision of the fill compaction by an inspecting engineer as defined in section 3.1 NZS4431:1989 (amendment 1 July 1992).
d)
Written confirmation shall be provided from the electricity network supplier responsible for the area, that provision of an underground electricity supply has been made available (minimum supply of single phase 15kva capacity) to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met.
e)
Written confirmation shall be provided from the telecommunications network supplier responsible for the area, that provision of underground telephone services has been made available to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met.
f)
The submission of Completion Certificates from the Contractor and the Engineer advised in Condition (5) for all engineering works completed in relation to or in association with this subdivision/development (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of a Producer Statement, or the NZS4404 Schedule 1B and 1C Certificate.
g)
The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007.
h)
All signage shall be installed in accordance with Council’s signage specifications and all necessary road markings completed on all public or private roads (if any), created by this subdivision.
i)
Road naming shall be carried out, and signs installed, in accordance with Council’s road naming policy.
j)
All earthworked/exposed areas shall be top-soiled and grassed/revegetated or otherwise permanently stabilised.
k)
The consent holder shall remedy any damage to all existing road surfaces and berms that result from work carried out for this consent.
L)
The planting of street trees in accordance with the plan “Riverside Park, Street Tree Plan” (prepared by PPGroup, Job No W4548, Sheet 2 of 5, dated 16/12/2014, Rev D).
m) The vesting of Lots 992, 993, 994, 995, 996 as recreation reserve, and Lots 985 and 986 as local purpose reserve (walkway) shall be undertaken in accordance with the conditions of the resolutions of Council adopted on 27 April 2007 and 29 February 2008. L:\Data\4500\4548\docs\Planning\W4548 RCA Final 070115.doc
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Ongoing Conditions/Consent Notices 22.
The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act. a) At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: • • •
Access Lane 233 – 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107 Access Lane 234 – Lots 141, 142, 143, 144 Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258
b) Owners of Access Lots 233 to 235 (inclusive) shall be aware that they have the same ongoing rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots. c) The areas indicated as ‘Uncertified Fill Covenant Area’ on (INSERT PLAN REFERENCE) contains fill material which may be susceptible to subsidence, and that any future buildings in this area will require foundation design by a suitably qualified engineer. d)
Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 The foundation design of buildings on Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246, 247, 255 – 265, Riverside Subdivision, Wanaka” (dated December 2014). Lots 109 - 112 The foundation design of buildings on Lots 109 - 112 shall be undertaken in accordance with MBIE Guidelines for Technical Category 2 as determined by GeoSolve Ltd in the geotechnical report entitled “Lots 109 - 112, Riverside Subdivision, Wanaka” (dated December 2014).
e) At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 135 and 238, 136 and 239, 145 and 237 f)
Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan “Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 16/12/2014, Rev D)
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Resource Consent â&#x20AC;&#x201C; Riverside Residential Ltd
Lots: 135 and 238, 136 and 239, 145 and 237 g) For any habitable room within 80m of the Stage Highway 6 carriageway, the owner for the time being shall either: -
-
Adhere to building standard AS/NZS 2107:2000, and provide a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the internal design noise level; or Adhere to the requirements set out in the Noise Insulation Construction Schedule, Table 1 in Part 15.2.6.3(i)(g) of the District Plan.
h) Development on each residential allotment within Riverside Stage 6 is required to comply with the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or its successors and assigns) and may be subject to a design approval process prior to construction commencing. Riverside Residential Limited (or its successors and assigns) are the authority responsible for the design approval process. i)
Fencing located adjacent to any reserve boundary shall not exceed 1.2m in height.
j)
There shall be no further subdivision of any lot within Sub-Zone C.
Review 23.
Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: (a) To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage. (b) To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered. (c) To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Notes 1.
This consent triggers a requirement for Development Contributions, please see the attached information sheet for more details on when a development contribution is triggered and when it is payable. For further information please contact the DCN Officer at QLDC.
2.
Prior approval from Councilâ&#x20AC;&#x2122;s Senior Engineer and use of a backflow prevention device will be required to prevent contamination of Councilâ&#x20AC;&#x2122;s potable water supply if this water supply is to
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Resource Consent â&#x20AC;&#x201C; Riverside Residential Ltd
be utilised for dust suppression during earthworks. 3.
Construction of trails within the Open Space Zone has not been included in this consent. Further resource consents may be required for these works in accordance with Part 20 of the District Plan.
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1
DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL CHANGE OF CONDITIONS â&#x20AC;&#x201C; SECTION 127 NOTIFICATION UNDER s95 AND DETERMINATION UNDER s104 RESOURCE MANAGEMENT ACT 1991
Applicant:
Riverside Residential Limited
RM reference:
RM150647
Application:
Application under section 127 of the Resource Management Act 1991 (RMA) to change Condition 1 of Decision 1- RM150009 (ODMP), and Conditions 1, 19 and 21 of Decision 3- RM150009 (Subdivision) .
Location:
Stage 6, Riverside
Legal Description:
Lot 84 and Lot 1012 Deposited Plan 483256 contained in Computer Freehold Register 669335
Zoning:
Township- Subzone A
Activity Status:
Discretionary
Decision Date:
16 September 2015
Re-issue Date:
21 October 2015
SUMMARY OF DECISIONS 1.
Pursuant to sections 95A-95F of the RMA the application will be processed on a non-notified basis given the findings of Section 6.0 of this report. This decision is made by Rebecca Holden, Senior Planner, on 16 September 2015 under delegated authority pursuant to Section 34A of the RMA.
2.
Pursuant to Section 104 of the RMA, consent is GRANTED subject to the change to conditions outlined in Section 7.4 of this decision. An updated set of conditions of RM150009 is provided in Appendix 1 of this decision. The consent only applies if the conditions outlined are met. To reach the decision to grant consent the application was considered (including the full and complete records available in Councilâ&#x20AC;&#x2122;s electronic file and responses to any queries) by Rebecca Holden, Senior Planner, as delegate for the Council.
3.
Pursuant to section 133A of the RMA this consent is being re-issued due to lots identified on earlier scheme plans being incorrectly referenced within conditions of consent. This is considered a minor mistake or defect and therefore the consent can be re-issued pursuant to section 133A of the RMA. The decision was made and the re-issue authorised by Rebecca Holden, Senior Planner, as delegate for Council on 15 October 2015. This re-issue is made (22) days after the grant of the consent. An extension of time pursuant to section 37 of the RMA has been granted by Blair Devlin, Resource Consents Manager as delegate for Council to provide for doubling of the timeframe set out in section 133A from 20 working days to 40 working days for the re-issue of the decision.
4.
Pursuant to section133A of the RMA this consent is being re-issued due to an incorrect version of updated conditions being attached as Appendix 1. This is considered a minor mistake or defect and therefore the consent can be re-issued pursuant to section 133A of the RMA. The decision was made and the re-issue authorised by Rebecca Holden, Senior Planner, as delegate for Council on 21 October 2015. This re-issue is made (26) days after the grant of the consent. An extension of time pursuant to section 37 of the RMA has been granted by Blair Devlin, Resource Consents Manager as delegate for Council to provide for doubling of the timeframe set out in section 133A from 20 working days to 40 working days for the re-issue of the decision.
Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz
2
1.
PROPOSAL AND SITE DESCRIPTION
Proposal Consent is sought under section 127 of the RMA to change Condition 1 of Decision 1- RM150009 (ODMP), and Conditions 1,19, and 21 of Decision 3- RM150009 (Subdivision). RM150009 granted land use consent on 13 February 2015 for an Outline Development Master Plan (ODMP), undertake earthworks associated with the development, for future built development within identified duplex lots to breach continuous building length and height recession planes, and subdivision consent in accordance with the ODMP with a 10 year lapse date. Three decisions were issued for RM150009: - Decision 1 - ODMP - Decision 2 - Land Use (Duplex development continuous building length and height recession plane) - Decision 3 - Subdivision The applicant has provided a detailed description of the proposal, the site and locality and the relevant site history in Section 1-2 of the report entitled ‘Riverside Residential Ltd, Resource Consent Application for Variation to RM150009, Lot 1012 DP 483256, Albert Town’, prepared by Pete Smallfield of Paterson Pitts Group (Wanaka), and submitted as part of the application (hereon referred to as the applicant’s AEE and attached as Appendix 2). This description is considered accurate and is adopted for the purpose of this report with the exception of the following. Subsequent to the initial application an amendment was made to provide the vehicle access to Lot 249 on the south-east corner rather than to the north as initially proposed, in recognition that this would allow a more logical layout for future development within the site considering solar gain. Updated plans were received. As a result there are consequential amendments required to RM150009Decision 1- condition 6, RM150009- Decision 3- condition 13, and 20. The proposed and consequential amendments are as followsRM150009- Decision 1 (ODMP) General Conditions 1.
That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 16 September 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Master Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 1 of 5, dated 1002-2015 Rev E 14-09-2015 Rev F) - “Riverside Park, Street Tree Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 5, dated 10-02-2015 Rev E 14-09-2015 Rev F ) - “Riverside Park, Roading Hierarchy Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 3 of 5, dated 10-02-2015 Rev E 14-09-2015 Rev F ) - “Riverside Park, State Highway 6 Interface Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 4 of 5, dated 10-02-2015 Rev E 14-09-2015 Rev F ) - “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by Patterson Pitts Group, Job No W4548, Sheet 5 of 5, dated 10-02-2015 Rev E 14-09-2015 Rev F )
6.
The roading network for the Outline Development Master Plan shall be designed in accordance with the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 10-02-2015
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Rev E 14-09-2015 Rev F) and the Traffic Design Group report (dated October 2007) except where amended by the following conditions:
RM150009- Decision 3 (Subdivision) SUBDIVISION CONDITIONS 1.
That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 under RM150009 and 16 September 2015 under RM150647) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 10-02-2015 Rev E 14-09-2015 Rev F (RM150647) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 10-02-2015 Rev E 14-09-2015 Rev F (RM150647) - “Riverside Park, Design & Natural Contours” (prepared by PPGroup, Job No W4548, Sheet 1 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Cut - Fill Areas” (prepared by PPGroup, Job No W4548, Sheet 2 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Earthworks Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 3 of 4, dated 10-2-2015 Rev E) - “Riverside Park, OSZ Earthworks for Subdivision” ” (prepared by PPGroup, Job No W4548, Sheet 4 of 4, 10-2-2015 Rev E)
… 13.
Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (5), to detail the following engineering works required: (e) The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 65, 66, 70, 102, 105, 111, 119 120, 128, 141 to 144, 146, 147, 148, 248, 249, 263, 264 and 265 to Council’s standards. (f) The formation of all roads and access lots, in accordance with Council’s standards, the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 16/12/2014, Rev D 14-09-2015 Rev F) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions:
Amalgamation conditions 19.
The following shall be registered with Land Information New Zealand (CSN XXXXX): • That Lot 234 heron (legal access) be held as to 4 individual one fourth shares by the owners of Lots 141, 142, 143, 144 hereon as tenant in common in the said shares and that indicated computer freehold registers be issued in accordance therewith. • “That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 58 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.”
To be completed before issue of the s224(c) certificate 20.
Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: (l)
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The planting of all trees in accordance with the plan “Riverside Park Street Tree Plan” by Patterson Pitts Group W4548 Sheet 2 of 5 dated 10-02-2015 Rev E 14-09-2015 Rev F and the landscaping as approved by the Outline Development Plan (RM150009) shall be fully implemented.
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Ongoing Conditions/Consent Notices 21.
The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act. a)
At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: Access Lane 234 – Lots 141, 142, 143, 144 Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258
b)
Owners of Access Lots 234 to 235 (inclusive) shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots.
Figure 1: Approved Layout
2.
ACTIVITY STATUS
2.1
RESOURCE MANAGEMENT ACT 1991
Figure 2: Proposed layout that excludes access lane (Lot 234)
The proposed activity requires resource consent for the following reasons: 1
2.2
A discretionary activity consent pursuant to section 127(3)(a) of the RMA, which deems any application to change or cancel consent conditions to be a discretionary activity. It is proposed to change Condition 1 of Decision 1- RM150009 (ODMP), and Conditions 1, 19 and 21 of Decision 3- RM150009 (Subdivision) to enable the removal of an access lane and consequential changes to Condition 6 of Decision 1- RM150009 (ODMP), and Conditions 13 and 20 of Decision 3- RM150009 (Subdivision). NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH
AND
MANAGING
Based on the applicant’s review of Council records, the piece of land to which this application relates is not a HAIL site, and therefore the NES does not apply. 3.
SECTION 95A NOTIFICATION
The applicant has not requested public notification of the application (s95A(2)(b)). No rule or national environmental standard requires or precludes public notification of the application (s95A(2)(c)). The consent authority is not deciding to publicly notify the application using its discretion under s95A(1) and
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there are no special circumstances that exist in relation to the application that would require public notification (s95A(4)). A consent authority must publicly notify an application if it decides under s95D that the activity will have or is likely to have adverse effects on the environment that are more than minor (s95A(2)(a)). An assessment in this respect follows. 4.
ASSESSMENT OF EFFECTS ON THE ENVIRONMENT (s95D)
4.1
MANDATORY EXCLUSIONS FROM ASSESSMENT (s95D)
A:
Effects on the owners or occupiers of land on which the activity will occur and on adjacent land (s95D(a)).
B:
Trade competition and the effects of trade competition (s95D(d)).
4.2
ASSESSMENT: EFFECTS ON THE ENVIRONMENT
Taking into account Sections 4.1 above, the following outlines an assessment as to whether the activity will have or is likely to have adverse effects on the environment more than minor: The relevant assessment matters are found in Section 9 Township and Section 15 Subdivision and Development of the District Plan. The proposal seeks to remove an access lane that provides access to Lots 141, 142, 143, 144, 249 and 248. Instead of vehicle access being from the lane the vehicle access to Lots 141, 142, 143, and 144 will be obtained from the main street frontage. Ms Overton, Resource Management Engineer is satisfied that the proposed access points will achieve appropriate separation distance from the intersection. Any adverse traffic effects associated with the location of the vehicle access would be less than minor. The lane to be removed is not relied upon for pedestrian links within the development. No adverse effects in terms of pedestrian movement within the subdivision are anticipated as a result of the proposed changes. The removal of the access way shortens the extent of the private lanes within the subdivision, however the extent of the reduction is minimal within the wider context of the subdivision. In this instance the access lane intersects a linkway road at the western end where all other access lanes intersect with secondary roads. The introduction of the vehicle access onto the street frontage differs from the typical access onto Sherwin Avenue throughout the balance of the subdivision. The proposed changes result in four vehicle crossings onto Sherwin Avenue where the rest of the street has access via rear lanes. In this instance the distance of the access lane was limited, connected to a linkway road and results in only 4 vehicle crossings on Sherwin Avenue. Any adverse effects associated the character of the subdivision with the vehicle crossings locating within the road would be less than minor. In addition to access, the inclusion of an access lane provides an interface between the public reserve space and the private lots. The sites will be subject to the consent notice 21(j) that requires any fencing located at the reserve boundary be no greater than 1.2 metres. It is best practice urban design to include a buffer such as the access lane. The restriction on the fencing height would provide an interface between the public and private spaces that is consistent with the other reserve areas within the development. Subject to the fence height restriction it is considered that any adverse effects in terms of the interface between the private lots and public reserve would be no more than minor. The removal of the rear access lane will require all buildings to be set back a minimum of 2 metres from the reserve where previously any garage or accessory building had no minimum setback requirement from the rear lane [site standard 9.2.5.1.iii(d)]. The site standard that requires that the building fronts the primary public road will no longer apply. In this instance the primary public road is located on the south side of the lots. The proposed changes would not unduly restrict development within the allotments that meet the required bulk and location standards. Any effects in terms of the bulk of any future built form as a result of the proposed changes would be less than minor.
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Overall it is considered that the proposed changes would have no more than minor adverse effects. 4.3
DECISION: EFFECTS ON THE ENVIRONMENT (s95A(2))
Overall the proposed activity is not likely to have adverse effects on the environment that are more than minor. 5.
EFFECTS ON PERSONS
Section 95B(1) requires a decision whether there are any affected persons (under s95E) in relation to the activity. Section 95E requires that a person is an affected person if the adverse effects of the activity on the person are minor or more than minor (but not less than minor). 5.1
MANDATORY EXCLUSIONS FROM ASSESSMENT (s95E)
A:
The persons outlined in section 4.1 above have provided their written approval and as such these persons are not affected parties (s95E(3)(a)).
5.2
ASSESSMENT: EFFECTS ON PERSONS
Taking into account Sections 5.1 above, the following outlines an assessment as to whether the activity will have or is likely to have adverse effects on persons that are minor or more than minor: Resource consent RM150009 was processed on a non-notified basis; no written approvals were required. The proposed changes are not anticipated to impact any person within the surrounding area. The proposal will result in changes in the way vehicle access is obtained to four of the lots within the development. The effects of the access will not directly impact on any of the existing sites within the Riverside development. There are no changes to the nature and scale of residential development as a result of the proposed changes and therefore there are no adverse effects in terms of dominance, privacy or outlook. Overall, no person is considered to be adversely affected by the proposed changes. 5.3
DECISION: EFFECTS ON PERSONS (s95B(1))
In terms of Section 95E and Section 127 (4) of the RMA, no person is considered to be adversely affected. 6.
OVERALL NOTIFICATION DETERMINATION
Given the decisions made above in Sections 4.3 and 5.3 the application is to be processed on a nonnotified basis. 7.
S104 ASSESSMENT
7.1
EFFECTS (s104(1)(a))
Actual and potential effects on the environment have been outlined in Section 4 of this report. 7.2
RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi))
RM150009 considered that the development as proposed was not contrary to the relevant Objectives and Policies contained within Section 9 Township, Section 15 Subdivision and Section 20 Open Space. The changes to the development as proposed are not considered to change this assessment.
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As this application is being considered and a decision made on it following the notification of the Proposed District Plan (PDP), the relevant objectives and policies of that Plan must also be considered. The proposal is considered to be consistent with the relevant Objectives and Policies. In particular, the maximum height of fences where sites adjoin the reserve will provide informal surveillance of the reserve area and is consistent with Policy 27.2.2.9 where such surveillance of public areas is encouraged. 7.3
PART 2 OF THE RMA
It is considered that the proposed activity would avoid or mitigate any potential adverse effects on the environment while providing for sustainable management of resources and is therefore in keeping with the Purpose and Principles of the RMA. 7.4
DECISION ON VARIATION PURSUANT TO SECTION 127 OF THE RMA
Consent is granted for the application by Riverside Residential Limited to change Condition 1 of Decision 1- RM150009 (ODMP), and Conditions 1, 19 and 21 of Decision 3- RM150009 (Subdivision) and the consequential changes to Condition 6 of Decision 1- RM150009 (ODMP) and Condition 13 and 20 of Decision 3- RM150009 (Subdivision), such that: 1
Condition 1 and 6 of resource consent RM150009 – Decision 1 (ODMP) is amended to read as follows (deleted text struck-through, added text underlined): 1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 16 September 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Master Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 1 of 5, dated 14-09-2015 Rev F) - “Riverside Park, Street Tree Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, Roading Hierarchy Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 3 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, State Highway 6 Interface Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 4 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by Patterson Pitts Group, Job No W4548, Sheet 5 of 5, dated 14-09-2015 Rev F ) and the application as submitted, with the exception of the amendments required by the following conditions of consent. 6. The roading network for the Outline Development Master Plan shall be designed in accordance with the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 1409-2015 Rev F) and the Traffic Design Group report (dated October 2007) except where amended by the following conditions:
2
Condition 1, 13, 19, 20 and 21 of resource consent RM150009 – Decision 3 (Subdivision) is amended to read as follows (deleted text struck-through, added text underlined):
1
That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 under RM150009 and 16 September 2015 under RM150647) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows:
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- “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 14-09-2015 Rev F (RM150647) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 14-09-2015 Rev F (RM150647)) … 13. Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (5), to detail the following engineering works required: (e) The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 65, 66, 70, 102, 105, 111, 120, 141 to 144, , 147, 148, 248, 249, 263, 264 and 265 to Council’s standards. (f) The formation of all roads and access lots, in accordance with Council’s standards, the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 14-09-2015 Rev F) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions: Amalgamation conditions 19. The following shall be registered with Land Information New Zealand (CSN XXXXX): “That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.” To be completed before issue of the s224(c) certificate 20. Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: (l)
The planting of all trees in accordance with the plan “Riverside Park Street Tree Plan” by Patterson Pitts Group W4548 Sheet 2 of 5 dated 14-09-2015 Rev F and the landscaping as approved by the Outline Development Plan (RM150009) shall be fully implemented.
Ongoing Conditions/Consent Notices 21. The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act. a)
At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258
b)
Owners of Access Lots 235 shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots.
Advice note • 8.
All other conditions of RM150647 shall continue to apply. OTHER MATTERS
Local Government Act 2002: Development Contributions
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This proposal is not considered a “Development” in terms of the Local Government Act 2002 as it will not generate a demand for network infrastructure and reserves and community facilities beyond that already considered under RM150009. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. This resource consent is not a consent to build under the Building Act 2004. A consent under this Act must be obtained before construction can begin. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or reschedule its completion. If you have any enquiries please contact Sarah Picard on phone (03) 441 0499 or email sarah.picard@qldc.govt.nz.
Report prepared by
Sarah Picard PLANNER
Decision made by
Rebecca Holden SENIOR PLANNER
APPENDIX 1 – Updated conditions of resource consent RM150009 APPENDIX 2 - Applicant’s AEE
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APPENDIX 1 â&#x20AC;&#x201C; UPDATED CONDITIONS OF RESOURCE CONSENT RM150009
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APPENDIX 1 – CONSENT CONDITIONS
Decision 1: ODMP General Conditions 1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 16 September 2015) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows:
- “Riverside Park, Master Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 1 of 5, dated 14-09-2015 Rev F) - “Riverside Park, Street Tree Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, Roading Hierarchy Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 3 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, State Highway 6 Interface Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 4 of 5, dated 14-09-2015 Rev F ) - “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by Patterson Pitts Group, Job No W4548, Sheet 5 of 5, dated 14-09-2015 Rev F ) and the application as submitted, with the exception of the amendments required by the following conditions of consent. 2a.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
2b.
The consent holder is liable for costs associated with the monitoring of this resource consent under Section 35 of the Resource Management Act 1991 and shall pay to Council an initial fee of $240. This initial fee has been set under section 36(1) of the Act.
3.
The duration of this consent shall be ten years from date of the decision.
Reserves 4. At the time a subdivision application is given effect to the consent holder shall make provision for the Open Space Zone within Riverside Stage 6 to be vested in Council as reserve. This vesting shall occur prior to certification of the subdivision in accordance with section 224(c) of the Resource Management Act 1991. This vesting may occur progressively in stages that match the staging of the subdivision. Engineering Conditions 5. All engineering aspects of the Outline Development Master Plan shall be designed in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. 6. The roading network for the Outline Development Master Plan shall be designed in accordance with the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5,
Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz
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dated 14-09-2015 Rev F) and the Traffic Design Group report (dated October 2007) except where amended by the following conditions: a) Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council. b) Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements. c) Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council. d) Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07. e) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. f) Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads. g) All road marking, signage and road naming signs shall be installed and complete prior to the issuing of any certificates of titles. h) The formation of intersection with Aubrey Road, in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder. i)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
7. The consent holder shall submit to the Council a landscape plan for certification within 6 months or prior to section 224(c) certification for subdivision RM150009, whichever is earlier, showing the landscape treatment along the site boundary adjoining State Highway 6. Once approved, the landscape plan shall form part of the Outline Development Master Plan. The landscape plan shall include the following: a) Shrub species in addition to the specimen trees identified on the Street Tree Plan included as Appendix G in the Outline Development Master Plan. The intent of the shrub species is to provide a visual buffer to a minimum height of 1.2 metres for users of State Highway 6, to replace the visual buffer previously achieved by the stacked stone wall. b) The location, species and density of all trees and shrubs to be planted along the boundary of the site adjoining State Highway 6. 8. The approved landscaping within any stage shall be implemented prior to section 224(c) certification of any subdivision of that stage. Review 9.
Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on
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the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: a)
To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage.
b)
To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered.
c)
To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Note 1. The community hall, childcare centre, community facility and utility facility as shown on the Outline Development Master Plan have not been assessed as part of this proposal and additional resource consents may be required for these activities. Their location on the Outline Development Master Plan does not prejudice the outcome of any future resource consent application for these activities. 2. The formation of walking and cycling trails within the Open Space Zone requires resource consent pursuant to Rule 20.2.2.2(ii) of the District Plan and have not been provided for in this decision.
Decision 2: Land Use LAND USE CONDITIONS- Duplex development continuous building length and height recession
plan 1.
That the development be carried out in accordance with the plan “Riverside Park Common Boundaries for Duplex Lots” prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 2, dated 10-2-2015 Rev E stamped as approved plan dated 12 February 2015 and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
3.
The consent holder is liable for costs associated with the monitoring of this resource consent under Section 35 of the Resource Management Act 1991 and shall pay to Council an initial fee of $100. This initial fee has been set under section 36(1) of the Act.
4.
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots 135 and 238, 136 and 239, 145 and 237
5.
Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Group “Common Boundaries for Duplex Lots” Job No. W4548, Sheet 2 of 2 dated 10-2-2015 Rev E.
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6.
The duration of this consent shall be ten years from the date of the decision.
Decision 3: Subdivision SUBDIVISION CONDITIONS 1.
That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 under RM150009 and 16 September 2015 under RM150647) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 14-09-2015 Rev F (RM150647) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 14-09-2015 Rev F (RM150647)) - “Riverside Park, Design & Natural Contours” (prepared by PPGroup, Job No W4548, Sheet 1 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Cut - Fill Areas” (prepared by PPGroup, Job No W4548, Sheet 2 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Earthworks Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 3 of 4, dated 10-2-2015 Rev E) - “Riverside Park, OSZ Earthworks for Subdivision” ” (prepared by PPGroup, Job No W4548, Sheet 4 of 4, 10-2-2015 Rev E)
1(a) The duration of this consent shall be ten years from date of the decision. 2.
This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
Staging 3. In order to allow for the development and release of allotments in a controlled and logical manner the subdivision may be staged in any order that the consent holder sees fit provided that all residential allotments within each stage are adequately serviced and accessed in accordance with the conditions of this consent. 4. If the subdivision is staged in accordance with Condition (3) and the consent holder submits a survey plan showing lots that are proposed to be amalgamated and no further survey plan or section 224(c) certification would be required to obtain title for those lots then, prior to certification of that stage (pursuant to Section 224 of the Act), a consent notice shall be registered in order to ensure that all conditions relating to the lots to be amalgamated have been satisfied or bonded and development contributions have been paid before the amalgamated lots can be de-amalgamated. Conditions in the following form shall be registered on the Computer Freehold Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act and shall apply only in relation to those lots that are to be amalgamated with the balance lots: (a) To give effect to this condition, all consent conditions related to those lots shall be completed and the conditions in the following form shall be registered on the Computer Freehold
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Register for the lots to be amalgamated with the balance lot in accordance with Section 221 of the Act: i)
Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to Section 226/241 of the Act, all land use and subdivision conditions of RM150009 that apply to the lot have been satisfied. This will require the re-inspection of services and any necessary infrastructure.
ii)
Prior to cancellation of the amalgamation condition in relation to Lot X pursuant to Section 226/241 of the Act, Development Contributions shall be paid for Lot X. Development contributions shall be paid at the rate calculated for the relevant stage under RM150009. As per the 2013 Development contribution policy. All DCN’s issued after 1 July 2013 will be valid for 24 months from the date of issue and then recalculated for payment under the policy relevant at that time in order to establish the relevant development contribution payable for the release of that lot.
(b) If the Territorial Authority has confirmed in writing that it is satisfied that the conditions of (a) (i) and (ii) above have been complied with then those consent notice conditions, along with this condition, may be deemed to be expired for the purpose of Section 221(5) of the Act. General 5. All engineering works shall be carried out in accordance with the Queenstown Lakes District Council’s policies and standards, being New Zealand Standard 4404:2004 with the amendments to that standard adopted on 5 October 2005, except where specified otherwise. Hours of construction work 5.
That all earthworks and construction works including the off-loading of materials onto the subject site shall be restricted to the hours between 7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday. No work shall occur on Sundays or public holidays. The intent of such a condition is to ensure residential amenity is maintained for the surrounding neighbours.
To be completed prior to the commencement of any works on-site 6. Prior to the commencement of any works on site, the consent holder shall provide a letter to the Principal Resource Management Engineer at Council advising who their representative is for the design and execution of the engineering works and construction works required in association with this subdivision and shall confirm that these representatives will be responsible for all aspects of the works covered under Sections 1.4 & 1.5 of NZS4404:2004 “Land Development and Subdivision Engineering”, in relation to this development. 7. At least 5 working days prior to commencing work on site the consent holder shall advise the Principal Resource Management Engineer at Council of the scheduled start date of physical works. Compliance with the prior to commencement of works conditions detailed in Condition (13) below shall be demonstrated. 8. Prior to commencing any work on the site the consent holder shall install a construction vehicle crossing, which all construction traffic shall use to enter and exit the site. The minimum standard for this crossing shall be a minimum compacted depth of 150mm AP40 metal that extends 10m into the site. 9. No access for earthworks purposes shall be made directly on to or off SH6 without approval from the New Zealand Transport Agency 10. The consent holder shall install measures to control and/or mitigate any dust, silt run-off and sedimentation that may occur, in accordance with NZS 4404:2004 and ‘A Guide to Earthworks in the Queenstown Lakes District’ brochure, prepared by the Queenstown Lakes District Council. These measures shall be implemented prior to the commencement of any earthworks on site and shall remain in place for the duration of the project, until all exposed areas of earth are permanently stabilised.
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11. At least 7 days prior to commencing earthworks, the consent holder shall provide the Principal Resource Management Engineer at Council with the name of a suitably qualified professional as defined in Section 1.4 of NZS 4404:2004 who shall supervise the excavation and fill procedures. This engineer shall continually assess the condition of the site and implement any design changes / additions if and when necessary. 12. Prior to commencing works on site, the consent holder shall obtain and implement a traffic management plan approved by Council if any parking, traffic or safe movement of pedestrians will be disrupted, inconvenienced or delayed, and/or if temporary safety barriers are to be installed within or adjacent to Council’s road reserve. 13. Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (5), to detail the following engineering works required: a) The provision of a water supply to all proposed lots, including recreation reserves to vest, in terms of Council’s standards and connection policy. This shall include an Acuflo GM900 or CM2000 (with removable filter) as the toby valve. The costs of the connections shall be borne by the consent holder. b) The provision of a foul sewer connection from all lots to Council’s reticulated sewerage system in accordance with Council’s standards and connection policy. The costs of the connections shall be borne by the consent holder. c) The provision of a connection from all potential impervious areas within the proposed lots to the Council reticulated stormwater disposal system. The individual lateral connections shall be designed to provide gravity drainage for the entire area within each lot. d) The provision of fire hydrants with adequate pressure and flow to service the development with a minimum Class FW2 fire fighting water supply in accordance with the NZ Fire Service Code of Practice for Firefighting Water Supplies SNZ PAS 4509:2008 (or superseding standard). Any alternative solution must be approved in writing by the Area Manager for the Central North Otago branch of the New Zealand Fire Service. e) The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 65, 66, 70, 102, 105, 111, 120, 141 to 144, , 147, 148, 248, 249, 263, 264 and 265 to Council’s standards. f)
The formation of all roads and access lots, in accordance with Council’s standards, the Riverside Park Roading Hierarchy Plan (prepared by Paterson Pitts Group Ltd, sheet 3 of 5, dated 14-09-2015 Rev F) and the Traffic Design Group report (dated October 2007), except where amended by the following conditions: •
Car parking shall be provided along the primary and secondary roads in accordance with Council’s standards and Table 3.1 of Council’s amendments to NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for the disposal of stormwater in accordance with District Plan Rule 9.3.2(iii)(c)(iii) requirements.
•
Cul-de-sac head design shall be in accordance with Part 3.3.9 and Figure 3.4 of NZS4404:2004, or a suitable alternative design approved by Council.
•
Provision shall be made for vehicle speed management along the primary road and special design treatments to be used at rear access lane intersections to minimise confusion over pedestrian and vehicle rights of way, as specified under Sections 4.1 and 4.4 of the GHD report, dated 13/11/07.
g) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007.
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h) Detailed information regarding the extent and formation of pedestrian and cycle links through the application site shall be provided to the Council for review. The design of these pedestrian and cycle links shall have regard to recommendations contained in Section 4.2 of the GHD report, dated 13/11/07, with special consideration given to the location of crossing points, visibility and connectivity across the roads. i)
The formation of intersection with Aubrey Road, in accordance with the latest Austroads intersection design guides. These designs shall be subject to review and approval by Council with any associated costs met by the consent holder.
j)
The provision of road lighting in accordance with Council’s road lighting policies and standards, including the Southern Light lighting strategy. Any road lighting installed on private roads/rights of way/access lots shall be privately maintained and all operating costs shall be the responsibility of the lots serviced by such access roads. Any lights installed on private roads/rights of way/access lots shall be isolated from the Council’s lighting network circuits.
k) The provision of Design Certificates for all engineering works associated with this subdivision/development submitted by a suitably qualified design professional (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of the NZS4404 Schedule 1A Certificate. To be monitored throughout earthworks 14. No more than 5.8Ha shall be exposed at any one time. Previously exposed areas are to be to a stage where they no longer can cause a dust nuisance before other areas are exposed. 15. Temporary retention systems shall be installed wherever necessary immediately following excavation to avoid any possible erosion or instability. 16. The consent holder shall implement suitable measures to prevent deposition of any debris on surrounding roads by vehicles moving to and from the site. In the event that any material is deposited on any roads, the consent holder shall take immediate action, at their expense, to clean the roads. The loading and stockpiling of earth and other materials shall be confined to the subject site. 17. No earthworks, temporary or permanent, are to breach the boundaries of the site, with the exception of the earthworks required to connect to Aubrey Road. To be completed before Council approval of the Survey Plan 18. Prior to the Council signing the Survey Plan pursuant to Section 223 of the Resource Management Act 1991, the consent holder shall complete the following: a) All necessary easements shall be shown in the Memorandum of Easements attached to the Survey Plan and shall be duly granted or reserved. b) The names of all roads, private roads & private ways which require naming in accordance with Council’s road naming policy shall be shown on the survey plan. [Note: the road naming application should be submitted to the Technical Officer: Infrastructure and Assets and should be lodged prior to the application for the section 223 certificate] c) All areas containing uncertified fill generated by the Riverside Park subdivision shall be shown as ‘Uncertified Fill Covenant Area’ on the survey plan. Amalgamation conditions 19. The following shall be registered with Land Information New Zealand (CSN XXXXX): •
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“That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.”
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To be completed before issue of the s224(c) certificate 20. Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the consent holder shall complete the following: a) The submission of ‘as-built’ plans and information required to detail all engineering works completed in relation to or in association with this subdivision/development at the consent holder’s cost. This information shall be formatted in accordance with Council’s ‘as-built’ standards and shall include all Roads (including right of ways and access lots), Water, Wastewater and Stormwater reticulation (including private laterals and toby positions). b) The completion and implementation of all works detailed in Condition (13) above. c) Provide certification to the Principal Resource Management Engineer at Council, in accordance with NZS 4431:1989, for all areas of fill within the site on which buildings are to be founded (if any). Note this will require supervision of the fill compaction by an inspecting engineer as defined in section 3.1 NZS4431:1989 (amendment 1 July 1992). d) Written confirmation shall be provided from the electricity network supplier responsible for the area, that provision of an underground electricity supply has been made available (minimum supply of single phase 15kva capacity) to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met. e) Written confirmation shall be provided from the telecommunications network supplier responsible for the area, that provision of underground telephone services has been made available to the net area of all saleable lots created and that all the network supplier’s requirements for making such means of supply available have been met. f)
The submission of Completion Certificates from the Contractor and the Engineer advised in Condition (5) for all engineering works completed in relation to or in association with this subdivision/development (for clarification this shall include all Roads, Water, Wastewater and Stormwater reticulation). The certificates shall be in the format of a Producer Statement, or the NZS4404 Schedule 1B and 1C Certificate.
g) The consent holder shall ensure that landscaping at road intersections is designed to ensure driver visibility is not obstructed. Landscaping within central median islands shall have suitable frangibility to reduce damage in the event of vehicle impact and that any tree trunks are offset from the moving traffic carriageway, as specified in the Traffic Design Group Transportation Assessment, dated October 2007. h) All signage shall be installed in accordance with Council’s signage specifications and all necessary road markings completed on all public or private roads (if any), created by this subdivision. i)
Road naming shall be carried out, and signs installed, in accordance with Council’s road naming policy.
j)
All earthworked/exposed areas shall be top-soiled and grassed/re-vegetated or otherwise permanently stabilised.
k) The consent holder shall remedy any damage to all existing road surfaces and berms that result from work carried out for this consent. l)
The planting of all trees in accordance with the plan “Riverside Park Street Tree Plan” by Patterson Pitts Group W4548 Sheet 2 of 5 dated 14-09-2015 Rev F and the landscaping as approved by the Outline Development Plan (RM150009) shall be fully implemented.
m) The vesting of Lots 992-994, 995 and 996 as recreation reserve, and Lots 985 and 986 as local purpose reserve (walkway) shall be undertaken in accordance with the conditions of the resolutions of Council adopted on 27 April 2007 and 29 February 2008. Ongoing Conditions/Consent Notices 21. The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act.
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a) At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: · Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 b) Owners of Access Lots 235 shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots. c) The areas indicated as ‘Uncertified Fill Covenant Area’ contains fill material which may be susceptible to subsidence, and that any future buildings in this area will require foundation design by a suitably qualified engineer. d) Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265: The foundation design of buildings on Lots 49, 50, 52 – 62, 65, 66, 68 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249, 255 – 265 shall be undertaken in accordance with MBIE Guidelines (Canterbury Earthquakes) for Technical Category 2 as determined by the GeoSolve Ltd ‘Geotechnical Report – Revision 1 – Lots 49, 50, 52 – 62, 65, 66, 668 – 70, 80 – 84, 96 – 108, 113 – 149, 237 – 239, 246 – 249 and 255 – 265, Riverside Subdivision, Wanaka’ (dated December 2014 GSL Ref: 140309). e) Lots 109-112: The foundation design of buildings on Lots 109 - 112 shall be undertaken in accordance with the MBIE Guidelines (Canterbury Earthquakes) for Technical Category 2 as determined by the GeoSolve Ltd ‘Geotechnical Report – Revision 1 – Lots 109 – 112’ Riverside Subdivision, Wanaka’ (dated December 2014 GSL Ref: 140309). f)
At the time of development on the following pairs of lots, a duplex unit (being two residential units attached by a common wall) must be constructed: Lots: 135 and 238, 136 and 239, 145 and 237
g) Rules 9.2.5.1(vi) and 9.2.5.2(ii) of the District Plan relating to continuous building length and recession planes shall not apply to the common boundary between the following pairs of lots, as shown on the plan by Paterson Pitts Group “Common Boundaries for Duplex Lots” Job No. W4548, Sheets 2 of 2 dated 16-12-2014 Rev D. Lots: 135 and 238, 136 and 239, 145 and 237 h) For any habitable room within 80m of the Stage Highway 6 carriageway, the owner for the time being shall either: -
Adhere to building standard AS/NZS 2107:2000, and provide a certificate from a recognised acoustic engineer stating that the proposed construction will achieve the internal design noise level; or
-
Adhere to the requirements set out in the Noise Insulation Construction Schedule, Table 1 in Part 15.2.6.3(i)(g) of the District Plan.
i)
Development on each residential allotment within Riverside Stage 6 is required to comply with the Design Statement and Built Form Guidelines published by Riverside Residential Limited (or its successors and assigns) and may be subject to a design approval process prior to construction commencing. Riverside Residential Limited (or its successors and assigns) are the authority responsible for the design approval process.
j)
Fencing located adjacent to any reserve boundary shall not exceed 1.2m in height.
k) There shall be no further subdivision of any lot within Sub-Zone C.
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l)
Lots 58, 60, 65, 66, 265, 263, 70, 102, 105, 107, 262, 261, 260, 108, 109, 110,111: The landscaping implemented as a requirement of Outline Development Master Plan authorised by RM150009 (landscape plan to be approved) shall be irrigated and maintained in perpetuity. Should any plants die or become diseased they shall be replaced in the next planting season.
Review 22. Within ten working days of each anniversary of the date of this decision the Council may, in accordance with Sections 128 and 129 of the Resource Management Act 1991, serve notice on the consent holder of its intention to review the conditions of this resource consent for any of the following purposes: (a)
To deal with any adverse effects on the environment that may arise from the exercise of the consent which were not foreseen at the time the application was considered and which it is appropriate to deal with at a later stage.
(b)
To deal with any adverse effects on the environment which may arise from the exercise of the consent and which could not be properly assessed at the time the application was considered.
(c)
To avoid, remedy and mitigate any adverse effects on the environment which may arise from the exercise of the consent and which have been caused by a change in circumstances or which may be more appropriately addressed as a result of a change in circumstances, such that the conditions of this resource consent are no longer appropriate in terms of the purpose of the Resource Management Act 1991.
Advice Notes 1. This consent triggers a requirement for Development Contributions, please see the attached information sheet for more details on when a development contribution is triggered and when it is payable. For further information please contact the DCN Officer at QLDC. 2. Prior approval from Councilâ&#x20AC;&#x2122;s Senior Engineer and use of a backflow prevention device will be required to prevent contamination of Councilâ&#x20AC;&#x2122;s potable water supply if this water supply is to be utilised for dust suppression during earthworks. 3. Construction of trails within the Open Space Zone has not been included in this consent. Further resource consents may be required for these works in accordance with Part 20 of the District Plan.
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APPENDIX 2 - APPLICANTâ&#x20AC;&#x2122;S AEE
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Our Ref: W4661 10 August 2015
Riverside Residential Ltd
Resource Consent Application for Variation to RM150009
Lot 1013 DP 483256
Albert Town
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Resource Consent – Riverside Residential Ltd
CONTENTS CONTENTS .................................................................................................................................................................. 2 1.0
APPLICATION DETAILS .................................................................................................................................... 3
2.0
DESCRIPTION OF PROPOSAL .......................................................................................................................... 3
2.1 2.2 3.0 3.1 3.2 3.3 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7
SITE & LOCALITY DESCRIPTION.................................................................................................................................. 3 PROPOSAL ............................................................................................................................................................. 4 RELEVANT DISTRICT PLAN PROVISIONS.......................................................................................................... 6 OPERATIVE DISTRICT PLAN ........................................................................................................................................ 6 ASSESSMENT AGAINST THE SITE AND ZONE STANDARDS ................................................................................................. 6 ASSESSMENT AGAINST THE OBJECTIVES AND POLICIES ................................................................................................... 6
RMA SECTION 104 MATTERS .......................................................................................................................... 8 NATIONAL ENVIRONMENTAL STANDARDS ................................................................................................................... 8 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH . 8 OTHER REGULATIONS.............................................................................................................................................. 8 NATIONAL POLICY STATEMENTS ................................................................................................................................ 8 NEW ZEALAND COASTAL POLICY STATEMENT .............................................................................................................. 8 OTAGO REGIONAL POLICY STATEMENT ....................................................................................................................... 9 REGIONAL PLAN: WATER ......................................................................................................................................... 9
5.0
ASSESSMENT OF ENVIRONMENTAL EFFECTS .................................................................................................. 9
6.0
AFFECTED PARTIES, CONSULTATION AND NOTIFICATION .............................................................................11
6.1 6.2
AFFECTED PARTIES ............................................................................................................................................... 11 NOTIFICATION ..................................................................................................................................................... 11
7.0
PART 2 OF THE RESOURCE MANAGEMENT ACT 1991 ....................................................................................12
8.0
CONCLUSION.................................................................................................................................................13
APPENDIX A – COMPUTER FREEHOLD REGISTER ........................................................................................................14 APPENDIX B – OUTLINE DEVELOPMENT MASTER PLAN .............................................................................................15 APPENDIX C – SCHEME PLAN .....................................................................................................................................16
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Resource Consent – Riverside Residential Ltd
1.0 APPLICATION DETAILS Applicant:
Riverside Residential Ltd
Application:
Application under Section 127 of the Resource Management Act 1991 (RMA) to vary conditions 1 of Decision 1 (ODMP) , condition 1, 19 and 21 of decision 3 (Subdivision) RM150009.
Site Location:
Riverside Park subdivision, Sherwin Ave, Albert Town
Legal Description:
Lot 84 & Lot 1013 DP 483256
CFR Reference:
691726
Area:
11.3535 hectares
Zoning:
Township
Activity Status:
Discretionary
2.0 DESCRIPTION OF PROPOSAL 2.1
SITE & LOCALITY DESCRIPTION
Riverside Park is a comprehensively designed and master planned subdivision in Albert Town. Riverside Park extends along Frye Crescent and Sherwin Avenue to the Albert Town – Lake Hawea Road (SH6) in Albert Town, Wanaka. The Riverside Stage 6 Structure Plan is contained within the Township chapter of the District Plan. The site has an Outline Development Masterplan (ODMP) that was approved by RM070996. This ODMP has been subsequently modified several times. The current ODMP was approved on 13 February 2015 by RM150009. The Riverside Stage 6 subdivision consent was approved by RM071215 and has been modified several times since then. This subdivision approved the creation of 242 residential lots, a site for communal facilities, roads and reserves to vest in Council and several jointly owned access lots. The most recent subdivision approval is RM150009. The full consent history was documented in RM150009.
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Resource Consent – Riverside Residential Ltd
Figure 1. QLDC mapviewer image of the balance lot (black highlight) of Riverside Park with the Township zone coloured pink, the Open Space zone coloured medium green and the adjacent rural residential zone coloured light green.
2.2
PROPOSAL
A variation to RM150009 is sort to remove proposed access lot 234 from the Riverside Stage 6 development and in turn increasing the size of Lot 994, Recreation Reserve. Lots 141- 144 which all had frontage to Lot 234 all have a secondary road frontage to gain legal access and vehicle crossings will be constructed at the time of subdivision. A variation to amend relevant conditions from RM150009 Decisions 1(ODMO) and decision 3(Subdivision), to updated consent in terms of the latest proposal, is required. Amendments to relevant conditions are shown in subsequent paragraphs and struck through for deletions and underlined for additions 2.2.1
Variation to RM 150009 Decision 1
1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 Under RM 150009 & XX XX 2015 RMXXXXXX ) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Master Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 1 of 5, dated 10-2-2015 Rev E06-8-2015 Rev F)
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- “Riverside Park, Street Tree Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 2 of 5, dated 10-2-2015 Rev E06-8-2015 Rev F) - “Riverside Park, Roading Hierarchy Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 3 of 5, dated 102-2015 Rev E 06-8-2015 Rev F) - “Riverside Park, State Highway 6 Interface Plan” (prepared by Patterson Pitts Group, Job No W4548, Sheet 4 of 5, dated 10-2-2015 Rev E) - “Riverside Park, Primary and Secondary Road Cross Sections” (prepared by Patterson Pitts Group, Job No W4548, Sheet 5 of 5, dated 10-2-2015 Rev E) and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2.2.2
Variation to RM 150009 Decision 3
1. That the development be carried out in accordance with the plans (stamped as “Approved Plans” dated 12 February 2015 Under RM 150009 & XX XX 2015 RMXXXXXX) and the application as submitted, with the exception of the amendments required by the following conditions of consent. The approved plans are as follows: - “Riverside Park, Subdivision Scheme Plan December 2014” (prepared by PPGroup, Job No W4548, Sheet 1 of 2, dated 10-2-2015 Rev E06-8-2015 Rev F) - “Riverside Park, Common Boundaries for Duplex Lots” (prepared by PPGroup, Job No W4548, Sheet 2 of 2, dated 102-2015 Rev E06-8-2015 Rev F) - “Riverside Park, Design & Natural Contours” (prepared by PPGroup, Job No W4548, Sheet 1 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Cut - Fill Areas” (prepared by PPGroup, Job No W4548, Sheet 2 of 4, dated 10-2-2015 Rev E) - “Riverside Park, Earthworks Cross Sections” (prepared by PPGroup, Job No W4548, Sheet 3 of 4, dated 10-2-2015 Rev E) - “Riverside Park, OSZ Earthworks for Subdivision” ” (prepared by PPGroup, Job No W4548, Sheet 4 of 4, 10-2-2015 Rev E) 13. Prior to the commencement of any works on the site the consent holder shall provide to the Principal Resource Management Engineer at Council for review and certification, copies of specifications, calculations and design plans as are considered by Council to be both necessary and adequate, in accordance with Condition (5), to detail the following engineering works required: e) The provision of a sealed vehicle crossing that shall be constructed to Lots 58, 65, 66, 70, 102, 105, 111, 119, 120, 128, 141, 142, 143, 144, 146, 147, 148, 248, 249, 263, 264 and 265 to Council’s standards. Amalgamation conditions 19. The following shall be registered with Land Information New Zealand (CSN XXXXX): •
“That Lot 234 hereon (legal access) be held as to 4 undivided one-fourth shares by the owners of Lots 141, 142, 143, 144 hereon as tenants in common in the said shares and that individual
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Resource Consent – Riverside Residential Ltd
computer freehold registers be issued in accordance therewith.” •
“That Lot 235 hereon (legal access) be held as to 17 undivided one-seventeen shares by the owners of Lots 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 58 hereon as tenants in common in the said shares and that individual computer freehold registers be issued in accordance therewith.”
Ongoing Conditions/Consent Notices 21. The following conditions of the consent shall be complied with in perpetuity and shall be registered on the relevant Titles by way of Consent Notice pursuant to s.221 of the Act. a) At the time that a dwelling is constructed on any lot that does not have a vehicle crossing, the owner for the time being shall construct a crossing in accordance with the requirements of Council applicable at that time. In accordance with Rule 9.2.5.1(v) of the District Plan the following lots will require a vehicle crossing to be formed from the respective access lane. All other lots will require a vehicle crossing to be formed to the respective legal road frontage: · Access Lane 234 – Lots 141, 142, 143, 144 · Access Lane 235 – 122, 132, 134, 135, 136, 137, 139, 145, 237, 238, 239, 246, 247, 255, 256, 257, 258 b) Owners of Access Lots 234 to 235 (inclusive) shall be aware that they have the same on-going rights and responsibilities for their Access Lots as implied in the Property Law Act with respect to Rights of Ways. The Council is not responsible for any issue in relation to Jointly Owned Access Lots.
3.0 RELEVANT DISTRICT PLAN PROVISIONS
3.1
OPERATIVE DISTRICT PLAN
The Riverside Park subdivision has a Township zoning under the Operative District Plan. 3.1.1
Variation
Section 127 of the Resource Management Act 1991 enables consent to be issued for a variation to an existing resource consent as though it were for a Discretionary Activity. 3.2
ASSESSMENT AGAINST THE SITE AND ZONE STANDARDS
The proposed variation has been assessed against the subdivision standards of the Township Zone (Rules 9.2.5.1 and 9.2.5.2), and the variation does not result in any site and zone standard infringements.
3.3
ASSESSMENT AGAINST THE OBJECTIVES AND POLICIES
The proposed variation has been assessed against the objectives and policies contained in Section 9 of the District Plan that are relevant to Riverside Stage 6 and the changes to the provision of landscaping adjacent to SH6. Other objectives and policies have been considered but are not relevant to the current application. Objective 2 – Riverside Stage 6 Comprehensive development within Riverside Stage 6 that: complements the character of Albert Town
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-
provides an interconnected network of streets and walkways that facilitates a safe, efficient and pleasant walking, cycling and driving environment provides for a variety of lot sizes and densities promotes the efficient and sustainable use of land protects and enhances significant landscape and environmental features facilitates an integrated approach to the design of open space and urban water management creates cost-effective and resource-efficient development manages the effects of State Highway 6 on Albert Town provides a high quality living environment
Policies â&#x20AC;&#x201C; Riverside Stage 6 2.1
To facilitate a site responsive approach to residential development on the Riverside Stage 6 site that recognises and is consistent with the existing character of Albert Town.
2.2
To create active interfaces between streets and land uses, with building frontages to streets that improve amenity and safety through increased surveillance and activity.
2.3
To facilitate an efficient and sustainable approach to urban development by maximising land use efficiency and minimising energy use.
2.4
To provide a safe and visually attractive urban environment that provides a variety of housing types and densities to meet the diverse needs of the community.
2.5
To provide a movement network which incorporates a highly interconnected street network that clearly distinguishes between arterial routes and local streets, establishes good internal and external access for residents, provides safe and efficient pedestrian and cycle linkages and supports public transport.
2.6 9 2.7
To provide for safe attractive and useable community and outdoor spaces.
2.8
To provide an attractive buffer between residential development and State Highway 6.
2.9
To provide cost-effective housing options, including the provision of duplex housing within sub-zone A.
2.10
To ensure that new residential development incorporates best practice stormwater management techniques.
2.11
To ensure that new residential development incorporates best practice noise attenuation techniques in order to manage the effects of noise from the State Highway on residential amenity.
To protect and enhance the landscape and environmental features of the site.
Comments on Objectives and Policies: The removal of access way 234 will not limit the ability to provide access to lots 141- 144 while enhancing the landscape and environmental features of the neighbouring reserve area. It is considered that the development without the access lot will still provide a comprehensive development that is complementary to the character of Albert Town, provides a pleasant walking, cycling and driving environment, and provides a high quality living environment.
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4.0 RMA SECTION 104 MATTERS The application has been assessed against the relevant provisions of the documents referred to in RMA section 104(1)(b) as detailed below. The application has also been assessed against the relevant provisions of the Queenstown Lakes District Plan as detailed in previous sections.
4.1
NATIONAL ENVIRONMENTAL STANDARDS
The following National Environmental Standards have been checked for possible relevance against the activity. National Environmental Standards Air Quality 2004
Relevance NA
Sources of Human Drinking Water 2008
NA
Telecommunications Facilities 2008
NA
Electricity Transmission 2010
NA
The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011
Assessment Required
Where identified above the relevant National Environment Standard has been assessed as follows. 4.2
NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH
The establishment of residential buildings is a land use change and so falls within the scope of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011. A search of the most up to date of council information from the Otago Regional Council or Queenstown Lakes District Council indicates no record of any HAIL activities occurring on the application site. 4.3
OTHER REGULATIONS
No other regulations are relevant to this application. 4.4
NATIONAL POLICY STATEMENTS
The following National Policy Statements are not relevant to the current application: • • • 4.5
Freshwater Management 2014 Renewable Electricity Generation 2011 Electricity Transmission 2008 NEW ZEALAND COASTAL POLICY STATEMENT
The New Zealand Coastal Policy Statement 2010 is not relevant to this application as the site is not in a coastal area.
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4.6
OTAGO REGIONAL POLICY STATEMENT
The Otago Regional Policy Statement is an overview of the Otago region’s resource management issues and the policies and methods to achieve the integrated management of its natural and physical resources. Other resource management plans (the various regional plans and the District Plan) reflect the provisions of the Otago Regional Policy Statement and cannot be inconsistent with it. These policies give effect to the Regional Policy Statement. Of relevance to this application are the objectives and policies relating to land, water quality and natural hazards. These objectives seek to promote the sustainable management of Otago’s land and water resources, to avoid, remedy or mitigate degradation of Otago’s natural and physical resources and maintain and enhance Otago’s land resource through avoiding, remedying or mitigating the adverse effects of activities which have the potential to create adverse effects. The Regional Policy Statement is given effect to by the regional plans and the District Plan. The objectives and policies of the land and natural hazard section of the Regional Policy Statement are primarily given effect to by the District Plan and the Regional Plan: Water. An assessment of the application against the provisions of the District Plan is contained in previous sections, while an assessment against the Regional Plan: Water is provided below. 4.7
REGIONAL PLAN: WATER
The subdivision activity does not contravene any rules under the Otago Regional Council Regional Plans.
5.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS The environmental effects of the application have been assessed under the following headings as required by the Fourth Schedule to the RMA: Neighbourhood/Community Effect Character and amenity
Effects on the Environment Positive
Over-domestication Cumulative effects Precedent effect Reverse sensitivity
Nil Nil Nil Nil
Other Comments The removal of access lot 234 will result in an increased Recreational Reserve
Locality and Landscape/Visual Effect Visibility Views and outlook Landscape and visual Landform Aesthetic values
Effects on the Environment Nil Nil Nil Nil Nil
Other Comments
Effects on the Environment Nil Nil Nil
Other Comments
Ecosystems Effect Vegetation Wildlife Waterbodies
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Groundwater Contamination
Nil Nil
Natural and Physical Resources Effect Recreational values
Effects on the Environment Positive
Scientific values Sites of Heritage Significance Sites of Cultural Significance Protected Customary Rights Other values
Nil Nil Nil Nil Nil
Other Comments The removal of access lot 234 will result in an increased Recreational Reserve
Discharge of Contaminants Effect Odour Noise Hours of Operation Lighting Dust Air Discharges Vibration
Effects on the Environment Nil Nil Nil Nil Nil Nil Nil
Other Comments
Effects on the Environment Nil Nil Nil Nil Nil Nil Nil
Other Comments
Effect Water supply
Effects on the Environment Nil
Other Comments
Effluent disposal Stormwater control Energy supply Telecommunication Pollution
Nil Nil Nil Nil Nil
Hazards Effect Flooding Seismic Hazards Erosion Falling Debris Subsidence Slippage Hazardous Substances Infrastructure
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Traffic Generation and Vehicle Movements Effect On-Site Parking On-Street Parking Vehicle Safety Pedestrian Safety Cyclist Safety Traffic generation Roading capacity Noise Vehicle movements
Effects on the Environment
Other Comments
All less than minor
Effects on traffic generation and vehicle movements are all considered to be less than minor. There will be no perceivable difference in traffic effects from those previously approved.
Scale of Environmental Effects Nil Effects Less than Minor Adverse Effects
Minor Adverse Effects More than Minor Adverse Effects
Significant Adverse Effects that Could Be Remedied or Mitigated. Unacceptable Adverse Effects
No effects at all. Adverse effects that are discernable day-to-day effects, but too small to adversely affect other persons. Adverse effects that are noticeable but that will not cause any significant adverse impacts. Adverse effects that are noticeable that may cause an adverse impact but could be potentially mitigated or remedied. An effect that is noticeable and will have a serious adverse impact on the environment but could potentially be mitigated or remedied. Extensive adverse effects that cannot be avoided, remedied or mitigated.
The above assessment concludes that the proposed variation will result in adverse environmental effects that will be less than minor.
6.0 AFFECTED PARTIES, CONSULTATION AND NOTIFICATION 6.1
AFFECTED PARTIES
It is considered that the environmental effects of the variation sought will be less than minor and therefore no parties are considered affected by this application. 6.2
NOTIFICATION
Adverse environmental effects of the variation have been assessed in the previous paragraphs and it is considered that there will be no adverse effects arising from the variation. The applicant has not requested that the application be publicly notified and it is considered that no special circumstances exist that would warrant notification of this application. There is no rule or national environmental standard that requires the application to be publicly notified.
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It is therefore considered that the application should therefore be processed on a non-notified basis.
7.0 PART 2 OF THE RESOURCE MANAGEMENT ACT 1991 The purpose of the Resource Management Act 1991 is to promote the sustainable management of natural and physical resources. The Act defines sustainable management as: “… managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while— (a) (b) (c)
sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and avoiding, remedying, or mitigating any adverse effects of activities on the environment.”
This application is to amend the conditions of an existing consent to allow for the removal of an access lot. As a minor variation the application is still considered to promote the sustainable management of natural and physical resources, as provided for by the existing consent. Section 6 of the Act requires for the following matters of national importance to be recognized and provided for: (a)
(b) (c) (d) (e) (f) (g)
the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: the protection of historic heritage from inappropriate subdivision, use, and development: the protection of protected customary rights.
The application does not affect the listed matters of national importance. Section 7 of the Act requires: In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to— (a) (aa) (b) (ba) (c) (d) (e)
kaitiakitanga: the ethic of stewardship: the efficient use and development of natural and physical resources: the efficiency of the end use of energy: the maintenance and enhancement of amenity values: intrinsic values of ecosystems: [Repealed]
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(f) (g) (h) (i) (j)
maintenance and enhancement of the quality of the environment: any finite characteristics of natural and physical resources: the protection of the habitat of trout and salmon: the effects of climate change: the benefits to be derived from the use and development of renewable energy.
The application does not affect the listed matters of Section 7 of the RMA. The use of the site for residential use is therefore a sustainable use of the resources of the site and in accordance with the uses anticipated in the zoning. The application is considered to appropriately avoid, remedy or mitigate any adverse effects of the development. Overall, the application is considered to represent a sustainable management of natural and physical resources having had regard to the section 6 and 7 matters.
8.0 CONCLUSION Consent is sought for a variation to RM150009 to remove proposed access lot 234 from the Riverside Stage 6 development and in turn increasing the size of Lot 994, Recreation Reserve. A variation to amend relevant conditions from RM150009 Decisions 1(ODMO) and decision 3(Subdivision), to updated consent in terms of the latest proposal, is required. It is considered that proposed variation will result in adverse environmental effects that are less than minor, be in accordance with the Site and Zone standards, the relevant objectives and policies of the District Plan, other resource management documents and represent a sustainable management of natural and physical resources. No parties will be affected by this application, the applicant has not requested that the application be publicly notified and it is considered that no special circumstances exist that would warrant notification of this application. There is no rule in the District Plan or national environmental standard that requires the application to be publicly notified. It is therefore considered that the application could be processed and granted on a non-notified basis.
Pete Smallfield Surveyor Paterson Pitts Group (Wanaka)
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KEY SUBZONE A SUBZONE B SUBZONE C SUBDIVIDABLE LOTS 10m BUILDING SETBACK FROM SH6 CHILDCARE CENTRE POSSIBLE SITE FOR COMMUNITY HALL UTILITY COMPOUND
WANAKA BRANCH 19 Reece Crescent or P.O. Box 283 Wanaka 9343 T 03 443 0110 E wanaka@ppgroup.co.nz
Client & Location:
Riverside Residential Limited
Purpose & Drawing Title:
Riverside Park Master Plan
© COPYRIGHT. This drawing, content and design remains the property of Paterson Pitts Group Limited and may not be reproduced in part or full or altered without the written permission of Paterson Pitts Group Limited. This drawing and its content shall only be used for the purpose for which it is intended. No liability shall be accepted by Paterson Pitts Group Limited for its unauthorized use
Surveyed by:
Original Size:
Designed by:
MB
Drawn by:
DHP
Checked by:
MB
Approved by:
MB
Job No:
W4548
Scale:
1:2500 @ A3
A3
DO NOT SCALE Sheet No:
1 of 5
Revision No:
F
Date Created:
14/09/2015
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KEY
WANAKA BRANCH 19 Reece Crescent or P.O. Box 283 Wanaka 9343 T 03 443 0110 E wanaka@ppgroup.co.nz
Client & Location:
Riverside Residential Limited
Purpose & Drawing Title:
Riverside Park Street Tree Plan
Fraxinus raywoodii
Claret Ash
102
Platanus orientalis
Oriental Plane
95
Liquidambar stryaciflua
Sweet Gum
185
Ulmus lobel
Upright Elm
78
© COPYRIGHT. This drawing, content and design remains the property of Paterson Pitts Group Limited and may not be reproduced in part or full or altered without the written permission of Paterson Pitts Group Limited. This drawing and its content shall only be used for the purpose for which it is intended. No liability shall be accepted by Paterson Pitts Group Limited for its unauthorized use
Surveyed by:
Original Size:
Designed by:
MB
Drawn by:
DHP
Checked by:
MB
Approved by:
MB
Job No:
W4548
Scale:
1:2500 @ A3
A3
DO NOT SCALE Sheet No:
2 of 5
Revision No:
F
Date Created:
14/09/2015
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Legend Legal width
Minimum Carriageway width
Primary Road
20m
8m
Secondary Road
18m
8m
Linkway Road
12m
6m
Culs-de-sac
12m
6m
Private Lane
6m
6m
Private right of way
4.5m
3.5m
Pedestrian/cycle linkages
WANAKA BRANCH 19 Reece Crescent or P.O. Box 283 Wanaka 9343 T 03 443 0110 E wanaka@ppgroup.co.nz
Client & Location:
Riverside Residential Limited
Purpose & Drawing Title:
Riverside Park Roading Hierarchy Plan
© COPYRIGHT. This drawing, content and design remains the property of Paterson Pitts Group Limited and may not be reproduced in part or full or altered without the written permission of Paterson Pitts Group Limited. This drawing and its content shall only be used for the purpose for which it is intended. No liability shall be accepted by Paterson Pitts Group Limited for its unauthorized use
Surveyed by:
Original Size:
Designed by:
MB
Drawn by:
DHP
Checked by:
MB
Approved by:
MB
Job No:
W4548
Scale:
1:2500 @ A3
A3
DO NOT SCALE Sheet No:
3 of 5
Revision No:
F
Date Created:
14/09/2015
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Tree Species to be used along the State Highway boundary will be made up of the following:
State Highway 6 interface Scale 1:2000
Oriental Plane Sweet Gum Upright Elm
Platanus orientalis Liquidambar stryaciflua Ulmus lobel
Macrocarpa Post and Rail fence on SH6 boundary Macrocarpa Post and Rail fence to form boundary of SH6 reserve area
State Highway 6
WANAKA BRANCH 19 Reece Crescent or P.O. Box 283 Wanaka 9343 T 03 443 0110 E wanaka@ppgroup.co.nz
10m Building Setback
Client & Location:
Riverside Residential Limited
Purpose & Drawing Title:
Riverside Park State Highway 6 Interface Plan
Š COPYRIGHT. This drawing, content and design remains the property of Paterson Pitts Group Limited and may not be reproduced in part or full or altered without the written permission of Paterson Pitts Group Limited. This drawing and its content shall only be used for the purpose for which it is intended. No liability shall be accepted by Paterson Pitts Group Limited for its unauthorized use
Surveyed by:
Original Size:
Designed by:
MB
Drawn by:
DHP
Checked by:
MB
Approved by:
MB
Job No:
W4548
Scale:
1:2000 @ A3
A3
DO NOT SCALE Sheet No:
4 of 5
Revision No:
F
Date Created:
14/09/2015
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Plan showing State Highway 6 interface
Tree Species to be used along the State Highway boundary will be made up of the following:
Claret Ash Oriental Plane Sweet Gum Upright Elm
Fraxinus raywoodii Platanus orientalis Liquidambar stryaciflua Ulmus lobel
Stacked stone wall to form property boundaties aling SH6
Stacked Stone wall to SH6 boundary Macrocarpa Post and Rail fence to form boundary of SH6 reserve area
State Highway 6
10m Building Setback
WANAKA BRANCH 19 Reece Crescent or P.O. Box 283 Wanaka 9343 T 03 443 0110 E wanaka@ppgroup.co.nz
Client & Location:
Riverside Residential Limited
Purpose & Drawing Title:
Riverside Park Primary & Secondary Road Cross Sections
Š COPYRIGHT. This drawing, content and design remains the property of Paterson Pitts Group Limited and may not be reproduced in part or full or altered without the written permission of Paterson Pitts Group Limited. This drawing and its content shall only be used for the purpose for which it is intended. No liability shall be accepted by Paterson Pitts Group Limited for its unauthorized use
Surveyed by:
Original Size:
Designed by:
MB
Drawn by:
DHP
Checked by:
MB
Approved by:
MB
Job No:
W4548
Scale:
1:3000 @ A3
A3
DO NOT SCALE Sheet No:
5 of 5
Revision No:
F
Date Created:
14/09/2015
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TOWNSHIPS ZONE RULES 9.2
Townships Zone Rules
9.2.1
Zone Purpose
9.2.3.2
The purpose of Township Zones is to maintain low density residential character interspersed with a number of non-residential activities.
9.2.2
Attention is drawn to the following District Wide Rules which may apply in addition to any relevant Zone Rules. If the provisions of the District Wide Rules are not met then consent will be required in respect of that matter: (i) Heritage Protection (ii) Transport (iii) Subdivision, Development and Financial Contributions (iv) Hazardous Substances (v) Utilities (vi) Signs (vii) Relocated Buildings and Temporary Activities
9.2.3 9.2.3.1
Garages Within the Minimum Setback from Road Boundaries Garages within the minimum setback from road boundaries, in respect of the location, external appearance and vehicle access.
ii
- Refer Part 13 - Refer Part 14
Commercial Activities Commercial activities within Commercial Precincts; in respect of:
- Refer Part 15 - Refer Part 16 - Refer Part 17 - Refer Part 18 - Refer Part 19
Activities Permitted Activities
Any Activity which complies with all the relevant Site and Zone Standards and is not listed as a Controlled, Discretionary, Non-Complying or Prohibited Activity, shall be a Permitted Activity.
Controlled Activities
The following shall be Controlled Activities provided that they are not listed as a Prohibited, Non-Complying or Discretionary Activity and they comply with all the relevant Site and Zone Standards. The matters in respect of which the Council has reserved control are listed with each Controlled Activity. i
District Rules
9
iii
(a)
External Appearance of Buildings
(b)
Setback from Internal Boundaries
(c)
Setback from Roads
(d)
Access
(e)
Landscaping
(f)
Screening of Outdoor Storage and Parking Areas.
Visitor Accommodation
The following shall be Permitted Activities:
Visitor Accommodation within Commercial Precincts and Visitor Accommodation Sub-Zones in respect of:
i
(a)
External Appearance of Buildings
(b)
Setback from Internal Boundaries
(c)
Setback from Roads
Industrial and Service Activities on Lot 1 DP 11752 Hawea Township, subject to compliance with Standards 11.3.5.1, 11.3.5.2, and 14.2.4, and Section 16.2.
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (October 2011)
9-8
TOWNSHIPS ZONE RULES
iv
(d)
Access
(e)
Landscaping
(f)
Screening of Outdoor Storage and Parking Areas.
i
Visitor Accommodation Visitor accommodation, except within Commercial Precincts or Visitor Accommodation Sub-Zones.
ii
Commercial Activities
Within the Riverside Stage 6 site, an Outline Development Master Plan of the site lodged with the Council pursuant to Rule 9.2.5.2(viii) in respect of : (a)
Consistency with the Riverside Stage 6 Structure Plan
(b)
The maintenance of view shafts
(c)
Subdivision design, lot configuration, densities and allotment sizes, including the provision for duplex development and smaller lot sizes within Sub-Zone A through comprehensive subdivision design
(d)
Provision of an interconnected roading pattern
(e)
The proviosn of a buffer area and mitigation measures to minimise noise and visual impacts from State Highway 6
(f)
Landscaping
(g)
The provision of Design Guidelines to apply to all buildings erected within the area subject to the Outline Development Master Plan
(h)
9.2.3.3
Consistency with the relevant objective and policies within the Township Zone
Discretionary Activities
The following shall be Discretionary Activities provided they are not listed as a Prohibited or Non-Complying Activity and they comply with all the relevant Zone Standards: Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (October 2011)
9
Commercial Activities, except within Commercial Precincts. iii
Commercial Recreation Activities
iv
Premises Licensed for the Sale of Liquor Premises licensed for the sale of liquor under the Sale of Liquor Act 1989, for the consumption of liquor on the premises. This rule shall not apply to the sale of liquor to any person living on the premises, or present on the premises for the purposes of dining.
v
Any Activity which is not listed as a Non-Complying or Prohibited Activity and complies with all the Zone Standards but does not comply with one or more of the Site Standards shall be a Discretionary Activity with the exercise of the Councilâ&#x20AC;&#x2122;s discretion being restricted to the matter(s) specified in the standard(s) not complied with.
9.2.3.4
Non-Complying Activities
The following shall be Non-Complying Activities, provided that they are not listed as a Prohibited Activity: i
Factory Farming
ii
Forestry Activities
iii
Mining Activities
iv
Industrial and Service Activities, except on Lot 1 DP 11752 Hawea Township
v
Airports
9-9
TOWNSHIPS ZONE RULES Airports other than the use of land and water for emergency landings, rescues and fire fighting.
(i)
All applications for Controlled Activities.
(ii)
9
vi
Residential Flat
Applications for the exercise of the Council’s discretion in respect of the following Site Standards:
vii
Any Activity which is not listed as a Prohibited Activity and which does not comply with one or more of the relevant Zone Standards, shall be a Non-Complying Activity.
• Access • Outdoor Living Space • Flood Risk
viii
Home occupations that involve panelbeating, spray painting, motor vehicle repair or dismantling, fibreglassing, sheet metal work, bottle or scrap storage, motorbody building, fish or meat processing.
9.2.3.5
Prohibited Activities
9.2.5
Standards
9.2.5.1
Site Standards
i
Site Density
The following shall be a Prohibited Activity: (i)
Any Activity which requires an Offensive Trade Licence under the Health Act 1956.
(ii)
It is a Prohibited Activity in the Hawea Township to plant the following tree species: • • • • • • • •
9.2.4
Pinus radiata Pinus muricata Pinus contorta Pinus ponderosa Pinus sylvestris Pinus nigra Douglas Fir All Eucalyptus varieties
Non-Notification of Applications
Any application for a resource consent for the following matters may be considered without the need to obtain a written approval of affected persons and need not be notified in accordance with Section 93 of the Act, unless the Council considers special circumstances exist in relation to any such application: Queenstown-Lakes District Council – DISTRICT PLAN (November 2012)
The minimum net allotment size for each residential unit shall be 800m2 except: (a)
Within the Makarora Township Zone the minimum net area shall be 1000m²;
(b)
Within Subzone ‘A’ of the Riverside Stage 6 site at Albert Town, the minimum net allotment size per residential until shall be 400m2;
(c)
Within Riverside Stage 6, Subzone ‘B’, there shall be one residential unit per allotment;
Notwithstanding the above: For residential units to be erected on vacant shares of fee simple titles over which there is/are existing cross-lease(s) or on unit titles where a proposed unit development plan is already approved, as at the date of notification of the District Plan, there shall be no minimum net area for the site, provided that all other applicable Site and Zone Standards are complied with, or resource consents obtained in respect of those Site Standards not complied with.
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TOWNSHIPS ZONE RULES ii
Building Coverage (a)
The maximum building coverage for all activities on any site shall be 35% except for buildings within Commercial Precincts or Visitor Accommodation Sub-Zones. Within the Riverside Stage 6 site at Albert Town the maximum building coverage for all activities on any site shall be: (i) (ii) (iii)
iii
Lots within Subzone ‘A’ – 40 % Lots within Subzone ‘B’ – 35% Lots within Subzone ‘C’ – 35%
9
-
within Subzone ‘A’, there shall be a minimum setback of 2m from road boundaries (excluding secondary rear access lanes);
-
within Subzone ‘A’, where the site has access to a secondary rear access lane, all residential dwellings shall be set back at least 2 metres from the rear lane boundary, and there shall be no setback requirements for this rear lane for garages and accessory buildings;
-
where sites have access to a secondary rear access lane, all residential dwellings shall front the primary public road.
Setback from Roads, Reserves and Access Lanes iv The minimum setback of any building from road boundaries shall be 4.5m except: (a)
In the Makarora Township Zones the minimum setback of any building from the State Highway shall be 8m.
(b)
In the Glenorchy Township Zone, the minimum setback of any building on the eastern side of Oban Street, south of Mull Street and on the western side of Oban Street, south of Coll Street shall be 10m.
(c)
In Commercial Precincts or for any listed Discretionary Activity the minimum setback of any building from road boundaries shall be 5m.
Setback from Internal Boundaries (a)
Except as provided for in (b), (c) and (d) below, the minimum setback from internal boundaries for any residential or accessory building shall be: Front Sites: One setback, minimum distance of 4.5m adjoining a boundary of at least 15m in length, plus one setback of a minimum distance of 3m and one setback of a minimum distance of 2m. Rear Sites: All setbacks shall be 2metres Except that, in the Township Zone at Glenorchy: (i)
(d)
Within the Riverside Stage 6 site at Albert Town: -
any building within the Subzone ‘C’ area shall be set back 10m from the boundary adjoining State Highway 6;
-
within Subzone ‘A’, where a site is adjacent to a public reserve, there shall be a minimum setback of 2 metres for any building from the reserve boundary;
Queenstown-Lakes District Council – DISTRICT PLAN (November 2012)
(b)
Where a Local Purpose Reserve has been taken at the time of subdivision or development (for beautification purposes) along Oban Street, the setback from the internal boundary adjoining the Local Purpose Reserve shall be 5 metres.
Accessory buildings for residential activities, other than those used for the housing of animals, may be located within the setback distances from internal boundaries, where the total length of the walls of accessory buildings within the setback does not
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TOWNSHIPS ZONE RULES exceed 7.5m in length and there are no windows or openings along any walls within 2m of an internal boundary. (c)
Front Sites one setback - 8m where the site adjoins a residential activity other setbacks - 5m where the site adjoins a residential activity.
Eaves, porches, balconies, bay or box windows, steps, chimneys and similar parts of residential buildings may be located within the minimum building setbacks as follows: •
eaves up to 0.6m into the setback; and
•
balconies and bay or box windows of less than 3m in length may project into the setback by up to 0.6m. Only one such balcony or bay or box window intrusion is permitted on each setback of each building; and
•
porches and steps up to 0.6m into a setback; provided they measure no more than 2m parallel to the nearest internal boundary and provided that the floor level of any such porch or the top of any steps shall be no higher than 1m above ground level. Only one such porch or set of steps is permitted on each setback of each building; and
Rear Sites all setbacks - 8m where the site adjoins a residential activity. (f)
v
•
chimneys may project into the setback by no more than 0.6m provided the chimney measures no more than 1.2m measured parallel to the nearest internal boundary. Only one chimney is permitted on each setback of each building.
(e)
Access
(a)
vi
Within the Riverside Stage 6 site at Albert Town, where access to a secondary rear lane is available, all garaging and vehicle access to the site must be provided via this rear lane.
Continuous Building Length Where the aggregate length of buildings measured parallel to any internal boundary exceeds 16m; either the entire building(s) shall be set back an additional 0.5m for every 6m of additional length or part thereof from the minimum yard setback (continuous façade(s) at the same distances from the boundary) or
No setback is required where residential or accessory buildings on adjoining sites have a common wall on an internal boundary provided that only one common wall is permitted per residential unit.
that part of the building(s) which exceeds the maximum building length shall be progressively set back 0.5 m for every 6 m of additional length or part thereof from the minimum yard setback (varied façade(s) with stepped setbacks from the boundary).
The minimum setback from internal boundaries for any nonresidential building, except within Commercial Precincts or Visitor Accommodation Sub-Zones or for any listed Discretionary Activity, shall be:
Refer Appendix 6 vii
Queenstown-Lakes District Council – PARTIALLY OPERATIVE DISTRICT PLAN (August 2008)
The minimum setback from internal boundaries for commercial activities within that part of the Glenorchy Community Precinct as annotated as ‘Commercial Precinct Extension Area’ on Planning Map 25 shall be 2m where the site adjoins any land which contains a residential activity.
Each residential unit shall have legal access to a formed road except:
Provided that no part of any balcony or window which is located within a setback shall be higher than 3m above ground level. (d)
9
Outdoor Living Space
9 - 12
TOWNSHIPS ZONE RULES (a)
The minimum provision of outdoor living space for each residential unit, contained within the net area of the site, shall be 100m² contained in one area with a minimum dimension of 5m.
(b)
The outdoor living space shall be readily accessible from a living area.
(c)
No outdoor living space shall be occupied by any building (other than an outdoor swimming pool or accessory building of less than 8m² gross floor area), driveway or parking space.
For the purpose of Rule 9.2.5.1(ix)(a) above, the ‘ground floor level’ means the lowest floor level in any building and includes basements, or any other basement room, whether inhabited or uninhabited, but does not include garages used for the sole purpose of vehicle storage. x
viii
Nature and Scale of Non-Residential Activities No more than 40m² of the gross floor area of buildings on a site shall be used for non- residential activities except within Commercial Precincts or Visitor Accommodation Sub-Zones.
External Appearance of Buildings xi In the Glenorchy Township Zone the principal roof of all buildings must be designed with a minimum pitch from the horizontal of 25º. The angle of pitch shall be towards the centre of the building from the longest external side of the building. Except that: Up to 60% of the roof area, in the form of lean-to’s, verandas and other such projections, may be of a lesser pitch.
Ix
9
(a)
xii
(a)
(b)
No tree or hedgerow boundary planting shall exceed 1.9 metres in height within 2 metres of the boundary, at any point of its length.
Earthworks The following limitations apply to all earthworks (as defined in this Plan), except for earthworks associated with a subdivision that has both resource consent and engineering approval.
Flood Risk No building, greater than 20m² in gross floor area, shall be constructed or relocated in the Township Zones below, with a ground floor level less than:
Boundary Planting (Hawea)
1.
Earthworks (a)
RL 312.8 masl (412.8m Otago Datum) at Kinloch, Glenorchy and Kingston. Refer Planning Maps 25 & 39
The total volume of earthworks does not exceed 100m³ per site (within a 12 month period). For clarification of “volume”, see interpretative diagram 5.
(b)
It is noted that the ground level of some individual sections within the area shown as flood prone have already been built up to at least 312.8 masl (412.8 Otago Datum) in order to alleviate the flood hazard
The maximum area of bare soil exposed from any earthworks where the average depth is greater than 0.5m shall not exceed 200m² in area within that site (within a 12 month period).
(c)
Where any earthworks are undertaken within 7m of a Water body the total volume shall not exceed 20m³ (notwithstanding provision 17.2.2).
(d)
No earthworks shall:
349.2 masl (449.2m Otago Datum) at Hawea.
Queenstown-Lakes District Council – PARTIALLY OPERATIVE DISTRICT PLAN (August 2008)
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TOWNSHIPS ZONE RULES (i) (ii) (iii) 2.
expose any groundwater aquifer; cause artificial drainage of any groundwater aquifer; cause temporary ponding of any surface water.
4.
Protection of Archaeological sites and sites of cultural heritage
The vertical height of any cut or fill shall not be greater than the distance of the top of the cut or the toe of the fill from the site boundary (see interpretative diagram 6). Except where the cut or fill is retained, in which case it may be located up to the boundary, if less or equal to 0.5m in height. xiii
3.
(a)
The activity shall not modify, damage or destroy any Waahi Tapu, Waahi Taoka or archaeological sites that are identified in Appendix 3 of the Plan, or in the Kai Tahu ki Otago Natural Resource Management Plan.
(b)
The activity shall not affect Ngai Tahuâ&#x20AC;&#x2122;s cultural, spiritual and traditional association with land adjacent to or within Statutory Acknowledgment Areas.
Height of cut and fill and slope (a)
(b)
The maximum height of any cut shall not exceed 2.4 metres.
(c)
The maximum height of any fill shall not exceed 2 metres.
9
Fence Heights Within the Riverside Stage 6 site at Albert Town, no solid fence constructed or otherwise erected within the Road Setback shall exceed 1.2m in height above ground level.
Environmental Protection Measures (a)
(b)
Where vegetation clearance associated with earthworks results in areas of exposed soil, these areas shall be revegetated within 12 months of the completion of the operations.
i
(ii)
Implement erosion and sediment control measures to avoid soil erosion or any sediment entering any water body. Refer to the Queenstown Lakes District earthworks guideline to assist in the achievement of this standard. Ensure that any material associated with the earthworks activity is not positioned on a site within 7m of a waterbody or where it may dam or divert or contaminate water.
(a)
The maximum building coverage for all activities on any site shall be 40% except for buildings within Commercial Precincts or Visitor Accommodation Sub-Zones.
(b)
In Commercial Precincts the maximum building coverage on any site shall be 80%. In Visitor Accommodation Sub-Zones the maximum building coverage on any site shall be 70%.
Any person carrying out earthworks shall implement appropriate dust control measures to avoid nuisance effects of dust beyond the boundary of the site. Refer to the Queenstown Lakes District earthworks guideline to assist in the achievement of this standard.
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (October 2010)
(c)
ii
Zone Standards
Building Coverage
Any person carrying out earthworks shall: (i)
(c)
9.2.5.2
Building Height Ground slope in relation to building height shall be determined by measurement over the extremities of each building elevation. Where any elevation indicates a ground slope of greater than 6 degrees (approximately 1:9.5) then rule 9.2.5.2(ii)(b) Sloping sites where the ground slope is greater than 6 degrees (i.e. greater than 1 in 9.5), shall apply.
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TOWNSHIPS ZONE RULES Where all elevations indicate a ground slope of less than 6 degrees (approximately 1:9.5), then rule 9.2.5.2(ii)(a) Flat sites where the ground slope is equal to or less than 6 degrees (i.e. equal to or less than 1 in 9.5), shall apply.
9
(b) Sloping sites where the ground slope is greater than 6 degrees (i.e. greater than 1 in 9.5) The maximum height for buildings shall be 7.0m.
Refer to Appendix 4 and the definitions of Height and Ground Level. Except (a)
Flat Sites where the ground slope is equal to or less than 6 degrees (i.e. equal to or less than 1 in 9.5)
(i)
no part of any accessory building located within the setback distances from internal boundaries shall protrude through recession lines inclined towards the site at an angle of 25º and commencing at 2.5m above ground level at any given point along each internal boundary.
(ii)
in the Kingston, Kinloch and Hawea Township Zones no building, or part of any building, constructed or relocated to comply with the ground floor levels in 9.2.5.1(ix) shall protrude through a surface drawn parallel to and 7m vertically above ground level or 5.5m above 312.8 masl, whichever is the highest.
(iii)
in the Glenorchy and Makarora Township Zones no building, or part of any building, constructed or relocated to comply with the ground floor levels in 9.2.5.1(ix) shall protrude through a surface drawn parallel to and 5.5m vertically above ground level.
The maximum height for buildings shall be 7.0m; and in addition no part of any building shall protrude through a recession line inclined towards the site at an angle of 25° and commencing at 2.5m above ground level at any given point on the site boundary. Except (i)
gable and hip ends may encroach beyond the recession lines provided they are contained within a calculated area(s) no greater than 6m² with the apex no higher than a point 1 metre below the maximum height for the zone and the base of the area(s) at the level of recession line protrusion.
(ii) in the Kingston, Kinloch and Hawea Township Zones no building, or part of any building, constructed or relocated to comply with the ground floor levels in 9.2.5.1(ix) shall protrude through a surface drawn parallel to and 7m vertically above ground level or 5.5 m above 312.8 masl, whichever is the highest.
Refer to the definitions of Height and Ground Level. iii
(iii) in the Glenorchy and Makarora Township Zones no building, or part of any building, constructed or relocated to comply with the ground floor levels in 9.2.5.1(ix) shall protrude through a surface drawn parallel to and 5.5m vertically above ground level. Except that in that part of Glenorchy Township Zone shown on Planning Map 25 as being within an area of potential flooding: iv No building or part of any building shall protrude through a surface drawn parallel to and 5.5 metres vertically above 312.80 masl (412.80 Otago Datum). Queenstown-Lakes District Council – DISTRICT PLAN (October 2010)
Glare (a)
All fixed exterior lighting shall be directed away from adjacent roads and sites.
(b)
No activity on any site shall result in greater than a 3.0 lux spill (horizontal and vertical) of light to any other site measured at any point inside the boundary of the other site.
Heavy Vehicle Storage No more than one heavy vehicle shall be stored or parked overnight on any site for any activity except within Commercial Precincts and Visitor
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TOWNSHIPS ZONE RULES Accommodation Sub-Zones. The standard applies to residential and non-residential activities cumulatively. v
No more than 60m² of the gross floor area of the buildings on a site shall be used for non-residential activities except within Commercial Precincts or Visitor Accommodation Sub-Zones.
(b)
No goods, materials or equipment shall be stored outside a building, except for vehicles associated with the activity parked on the site overnight.
(c)
All manufacturing, altering, repairing, dismantling or processing of any materials, goods or articles shall be carried out within a building.
Noise (a)
Sound from non-residential activities measured in accordance with NZS 6801:2008 and assessed in accordance with NZS 6802:2008 shall not exceed the following noise limits at any point within any other site in this zone: (i) (ii) (iii)
daytime night-time night-time
(0800 to 2000 hrs) (2000 to 0800 hrs) (2000 to 0800 hrs)
viii
50 dB LAeq(15 min) 40 dB LAeq(15 min) 70 dB LAFmax
Sound from non-residential activities which is received in another zone shall comply with the noise limits set in the zone standards for that zone.
(c)
The noise limits in (a) shall not apply to construction sound which shall be assessed in accordance and comply with NZS 6803:1999.
(d)
The noise limits in (a) shall not apply to sound associated with airports or windfarms. Sound from these sources shall be assessed in accordance and comply with the relevant New Zealand Standard, either NZS 6805:1992, or NZS 6808:1998. For the avoidance of doubt the reference to airports in this clause does not include helipads other than helipads located within any land designated for Aerodrome Purposes in this Plan.
Riverside Stage 6 – Outline Development Master Plan No subdivision or development shall take place within Subzones ‘A’, ‘B’ or ‘C’ identified on the Riverside Stage 6 Structure Plan unless in accordance with an Outline Development Master Plan that has been lodged and approved by Council pursuant to Controlled Activity Rule 9.2.3.2(iv).
ix (b)
vii
(a)
Boarding and Keeping of Animals No animals, except for domestic pets, shall stay overnight on a site except for a maximum of four animals in the care of a registered veterinarian for medical or surgical purposes. There shall be no keeping of pigs and/or commercial livestock.
vi
9
Subdivision, use and development – Riverside Stage 6 All subdivision, use and development within Riverside Stage 6 shall be generally in accordance with the Riverside Stage 6 Structure Plan identified on the last page of this section. Reserves, including neighbourhood parks, and areas of open space and rear lanes may be subject to changes in location and form through the Outline Development Master Plan process.
9.2.6
The Assessment Matters which apply to the consideration of resource consents in the Township Zone are specified in Section 9.3.
9.3
Resource Consents - Assessment Matters Townships Zone
9.3.1
General
Nature and Scale of Non-Residential Activities
Queenstown-Lakes District Council – DISTRICT PLAN (October 2011)
Resource Consent – Assessment Matters
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TOWNSHIPS ZONE RULES (i)
(ii)
Conditions may be imposed to ensure that:
The following Assessment Matters are methods or matters included in the District Plan, in order to enable the Council to implement the Planâ&#x20AC;&#x2122;s policies and fulfil its functions and duties under the Act. In considering resource consents for land use activities, in addition to the applicable provisions of the Act, the Council shall apply the relevant Assessment Matters set out in Clause 9.3.2 below.
(iii) In the case of Controlled and Discretionary Activities, where the exercise of the Councilâ&#x20AC;&#x2122;s discretion is restricted to the matter(s) specified in a particular standard(s), the assessment matters taken into account shall only be those relevant to that/these standard(s). (iv) In the case of Controlled Activities, the assessment matters shall only apply in respect to conditions that may be imposed on a consent. (v)
Where an activity is a Discretionary Activity because it does not comply with one or more relevant Site Standards, but is also specified as a Controlled Activity in respect of other matter(s), the Council shall also apply the relevant assessment matters for the Controlled Activity when considering the imposition of conditions on any consent to the discretionary activity.
9.3.2
Assessment Matters
In considering whether or not to grant consent or impose conditions, the Council shall have regard to, but not be limited by, the following assessment matters: i
ii
Controlled Activity - Garages within Road Setback Provisions Conditions may be imposed to ensure that: (a)
The garage is sited and designed to mitigate against any adverse effects on the visual values of the streetscape and views.
(b)
The location and design of vehicle access is such as to protect the safe and efficient movement of vehicles.
Controlled Activity - Visitor Accommodation and Commercial Activities
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (October 2011)
9
iii
(a)
Buildings and structures are located to mitigate against the loss of visual values.
(b)
The location and design of vehicle access, parking and loading areas are such as to protect the safe and efficient movement of vehicles on the adjoining roads and arterial routes.
(c)
The size, location and design of parking and loading areas and their relationship to the activity, buildings and outdoor display areas are such as to encourage vehicles to park on the site and are capable of accommodating likely vehicle demand.
(d)
The location and orientation of buildings, outdoor display areas and advertising signs are such as to encourage vehicles to park on the site.
(e)
The location and design of vehicle access, parking and loading areas are such as to avoid adverse effects on neighbouring properties in terms of noise, vibration and glare from vehicles entering and leaving the site.
Controlled Activity - Outline Development Master Plan for Riverside Stage 6. Conditions may be imposed to ensure that: (a)
Subdivision design and configuration: (i) Methods are identified to integrate the development with the existing pattern and character of development at Albert Town. (ii) Lots are orientated to achieve maximum solar gain, and where possible lots are provided that are deep and align north-south with streets aligned east-west. (iii) Methods are incorporated to encourage coordinated building styles, materials and external elements.
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TOWNSHIPS ZONE RULES (b)
9
(iv) A permeable layout with strongly defined active street frontages is achieved.
(ii) Provision is made for planting of trees within neighbourhood parks.
Development Density
(iii) The western escarpment and wetland areas are created as public reserve areas.
(i) There is a mix of allotment sizes throughout the development (iv) Appropriate methods to supplement and/or protect native vegetation within the western escarpment and ecological values within the wetland area are adopted.
(ii) Wherever possible, smaller lots are located alongside parks and reserves. (e)
(iii) Duplex development within 50-55% of sub-zone A is encouraged with the Outline Development Master Plan (c)
(i) Appropriate design responses to managing the interface between the site and State Highway 6 are adopted.
Roading, Pedestrian and Cyclist Connectivity:
(f) Built Form
(i) Secondary rear access lanes for lots fronting the central main street are provided where possible.
(i) Appropriate building style and external appearance guidelines are provided, and methods for their implementation identified, such as via developer design approval processes, the use of a pattern book and/ or the use of covenants or encumbrances.
(ii) Alignment, design and treatment of roading promotes safe vehicle speeds. (iii) Where possible and cost effective, incorporate techniques where roads and public spaces can provide “green engineering” solutions for drainage.
(ii) Residential design guidelines are adopted that are to be employed on those lots identified to enable higher density development.
(iv) Street planting and beautification techniques are identified.
(iii) The adoption of building standards to remedy or mitigate the effects of noise from traffic use of State Highway 6 on any habitable rooms within 80 metres of the State Highway 6 carriageway.
(v) The ‘Albert Town Loop Walkway’ is continued through the escarpment area linking with existing walking links to Mt Iron. (vi) Easy to walk pedestrian linkages are provided throughout the road network and via dedicated walkways from residential lots to neighbourhood parks and the escarpment reserves areas.
(g) Parking and Garaging (i) Provision is made to require all driveways to include sufficient space for vehicles to stand completely clear of the road and footpath.
(v) Cycleways are provided throughout the site. (d)
Reserve Areas (i) An appropriate number of neighbourhood parks to be used for children’s play areas, recreational spaces and/or community purposes to be interspersed throughout the development.
Queenstown-Lakes District Council – DISTRICT PLAN (September 2013)
Landscaping
iv
Discretionary Activity - Visitor Accommodation, Commercial Recreation Activities and Premises Licensed for the Sale of Liquor
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TOWNSHIPS ZONE RULES (a)
Any adverse effects of the activity in terms of: (i)
Noise, vibration and lighting from vehicles entering and leaving the site or adjoining road, which is incompatible with the levels acceptable in a low-density residential or rural living environment.
(c)
Any adverse effects of increased levels of pedestrian activity as a result of the retail sales in terms of noise, disturbance and loss of privacy which is inconsistent with the township environment.
(d)
The extent to which retail sales from the site are an integral and necessary part of other activities being undertaken on the site and assist in providing alternative home-based employment and income-generating opportunities for residents or occupiers of the site.
(e)
The proximity of the site of the retail sales to the sites of scheduled commercial or community activities, or to arterial roads.
(ii) Loss of privacy. (iii) Levels of traffic congestion or reduction in levels of traffic safety which are inconsistent with the classification of the adjoining road and arterial route.
9
(iv) Pedestrian safety in the vicinity of the activity. vi (v) Any cumulative effect of traffic generation from the activity in conjunction with traffic generation from other activities in the vicinity. (b)
The ability to mitigate any adverse effects of the additional traffic generation through the location and design of vehicle crossings, parking and loading areas or through the provision of screening and other factors which may reduce the effect of the additional traffic generation, such as infrequency of the activity, or limited total time over which the traffic movements occur.
(c)
The ability to supply water, and dispose of sewage, stormwater and other wastes.
(d)
Any potential adverse effect of air emissions generated by fires on visual air clarity.
vii
v
Building Height (a)
Whether any earthworks have been carried out on the site prior to the date of notification (10 October 1995) that have lowered the level of the site.
(b)
Whether there are rules requiring the site to be built up, e.g. for flood protection purposes.
(c)
With regard to proposals that breach one or more zone standard(s), whether and the extent to which the proposal will facilitate the provision of a range of Residential Activity that contributes to housing affordability in the District.
Site Density and Building Coverage (a)
The extent to which the character of the site will remain dominated by open space and garden plantings, rather than buildings.
(b)
The ability to provide adequate opportunity for landscaping.
(c)
The extent to which there is a need to decrease the site size or increase the building coverage in order to undertake the activities on site.
Discretionary Activity - Commercial Activities (a)
(b)
The extent to which the activity will result in levels of traffic generation or pedestrian activity, which is incompatible with the character of the surrounding residential area. In particular, to recognise the need for safe and efficient arterial routes. Refer iv b, c and d above.
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (September 2013)
9 - 19
TOWNSHIPS ZONE RULES (d)
The extent to which the proposed building will be compatible with the scale of other buildings in the surrounding area.
(e)
The ability to provide adequate on-site vehicle parking and manoeuvring space.
(f)
With regard to proposals that breach one or more zone standard(s), whether and the extent to which the proposal will facilitate the provision of a range of Residential Activity that contributes to housing affordability in the District.
(f)
The ability to provide adequate outdoor space on the site for all outdoor activities associated with residential and other activities permitted on the site.
(g)
The ability to mitigate any adverse effects of increased coverage or site density.
ix
viii Setback from Roads (a)
The extent to which the intrusion into the street scene is necessary in order to allow more efficient, practical and/or pleasant use of the remainder of the site.
(b)
The ability to provide adequate opportunity for landscaping in the vicinity of road boundaries, which will mitigate the effects of the building intrusion into the street scene.
(c)
(d)
(e)
The ability to provide adequate parking and manoeuvring space for vehicles clear of the road.
x
9
Setback from Internal Boundaries (a)
The extent to which intrusion towards the internal boundary is necessary to enable more efficient, practical and/or pleasant use of the remainder of the site.
(b)
Any adverse effects of the proximity or bulk of the building, in terms of visual dominance of the outlook from adjoining sites and buildings, which is out of character.
(c)
Any adverse effects on adjoining sites in the proximity of the building, in terms of reduced privacy through being overlooked from, or being in close proximity to, neighbouring buildings to an extent which is inconsistent with the suburban living environment.
(d)
Any adverse effects of the proximity or bulk of the building in terms of loss of daylight on adjoining sites.
(e)
The ability to provide adequate opportunities for landscaping.
(f)
Any adverse effects of the proximity of the building in terms of difficulty of access to the building or to adjoining rear sites.
(g)
Any adverse effects of the proximity of buildings housing animals in terms of noise, smell, flies or vermin on adjoining sites.
(h)
The ability to mitigate any adverse effects of the proposal on adjoining sites.
Access
The extent to which the proposed building will be compatible with the appearance, layout and scale of other buildings and sites in the surrounding area, including the setback of existing buildings in the vicinity from road boundaries.
(a)
The extent to which alternative formed access can be assured to the residential unit in the long-term.
(b)
The extent to which the bulk and external appearance of the proposed building is in keeping with those of existing buildings on the site.
The extent to which the level and nature of the use of the activity will make it unlikely that access by way of a formed road will ever be necessary.
(c)
The level of financial contribution required to be made to the Council towards the formation of the road to a standard suitable
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (September 2013)
9 - 20
TOWNSHIPS ZONE RULES for residential access, taking into account the levels of traffic likely to be generated by the use of the residential unit in relation to the existing use of the road, as referred to in Rule 15.2.5. xi
xv
Nature and Scale of Non-Residential Activities (a)
The extent to which the scale of the activity and the proposed use of the buildings will be compatible with the scale of other buildings and activities in the surrounding area and will not result in visual dominance as a result of the area of buildings used, which is out of character with the low density residential environment.
(b)
The extent to which the character of the site will remain dominated by landscaping rather than by buildings and areas of hard surfacing.
(c)
The extent to which the activity will result in the loss of residential activity on the site.
(d)
Any adverse effects of the activity in terms of vibration, glare, loss of privacy, traffic and/or parking congestion.
(e)
The extent to which the activity provides a local function by meeting the needs of residents within the surrounding residential environment or visitors to the township.
(f)
The ability to mitigate any adverse effects of the increased scale of activity.
Continuous Building Length and External Appearance of Buildings (a)
(b)
(c)
Any adverse effects of the continuous building length in terms of visual dominance by building(s) on the outlook from the street and adjoining sites, in a manner which is out of character with the local area. The extent to which the continuous building length or the external appearance of the building detracts from the pleasantness and openness of the site, as viewed from the street and adjoining site. The ability to mitigate any adverse effects on the visual amenities of the area, of the continuous building through increased separation distances, screening or use of other materials.
xiii Outdoor Living Space (a)
The extent to which the reduction in outdoor living space and/or its location will adversely affect the ability of the site to provide for the outdoor living needs of likely future residents.
9
(b)
Any alternative provision on, or in close proximity to, the site for outdoor living space to meet the needs of likely future residents.
(g)
The extent to which the proposed activity will detract from the pleasantness, coherence and attractiveness of the site.
(c)
The extent to which the reduction in outdoor living space or the lack of sunlight is compensated for by alternative space within buildings with access to ample sunlight and fresh air.
(h)
Any adverse effects of the activity on the outlook of people on adjoining sites.
(i)
The extent to which the activity will be compatible with the appearance, layout and functioning of other sites in the adjoining area.
The likelihood of the proposed building being threatened by flooding or ponding.
(j)
The ability to screen the activity from adjoining roads and sites by alternative means.
The extent to which the construction of the building will result in the increased vulnerability of other sites to flooding.
(k)
The ability to mitigate any adverse effects of the activity on adjoining roads and sites.
xiv Flood Risk (a)
(b)
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (September 2013)
9 - 21
TOWNSHIPS ZONE RULES (a)
The extent proposed sediment/erosion control techniques are adequate to ensure that sediment remains on-site.
(b)
Whether the earthworks will adversely affect stormwater and overland flows, and create adverse effects off-site.
(c)
Whether earthworks will be completed within a short period, reducing the duration of any adverse effects.
xvi Non-Residential Activities - Density of Development (a)
The effect of any proposed intensification of any land use activity, beyond the limits prescribed in the relevant rules, on the character and quality of the locality contained within the zone.
9
xvii Keeping of Animals (a)
The number of pigs to be kept on site and the extent to which they may detract from the quality and amenity of the surrounding environment, particularly in terms of smell, noise and outlook.
(d)
Where earthworks are proposed on a site with a gradient >18.5 degrees (1 in 3), whether a geotechnical report has been supplied to assess the stability of the earthworks.
(b)
The extent to which the animals will be housed within buildings and the proximity of those buildings to adjoining properties. Where animals are free ranging the means of separating them from boundary fences and other property in separate ownership.
(e)
Whether appropriate measures to control dust emissions are proposed.
(f)
Whether any groundwater is likely to be affected, and any mitigation measures are proposed to deal with any effects. NB: Any activity affecting groundwater may require resource consent from the Otago Regional Council.
(c)
(d)
(e)
(f)
The volume and type of traffic which may be generated to the site in relation to the boarding of animals and/or pigs and the ability of the site to accommodate parking, loading, manoeuvring and access requirements. The frequency that vehicles may visit the site in relation to the boarding of animals and/or keeping of pigs, the hours within which they will arrive and depart and the degree of impact this will have on the amenity and privacy of surrounding residential sites. The degree to which any lighting within the site used in relation to the keeping of animals and/or pigs may adversely affect the amenity and quality of the environment. The nature of activities on adjacent sites, the extent to and manner in which the keeping of animals and/or pigs may impact upon those activities.
xviii
Earthworks
1.
Environmental Protection Measures
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (September 2013)
2.
Effects on landscape and visual amenity values (a)
Whether the scale and location of any cut and fill will adversely affect: -
the visual quality and amenity values of the landscape;
-
the natural landform of any ridgeline or visually prominent areas;
-
the visual amenity values of surrounding sites.
(b)
Whether the earthworks will take into account the sensitivity of the landscape.
(c)
The potential for cumulative effects on the natural form of existing landscapes.
(d)
The proposed rehabilitation of the site.
9 - 22
TOWNSHIPS ZONE RULES 3.
Effects on adjacent sites: (a)
4.
5.
xviv
9
(a)
Whether the earthworks will adversely affect the stability of neighbouring sites.
In respect of the Glenorchy Township, in considering whether or not to grant consent or impose conditions, the Council shall have regard to:
(b)
Whether the earthworks will change surface drainage, and whether the adjoining land will be at a higher risk of inundation, or a raised water table.
whether and to what extent the application is consistent with the Glenorchy-Head of the Lake Community Plan (2001) and any amendments thereto.
(c)
Whether cut, fill and retaining are done in accordance with engineering standards.
General amenity values (a)
Whether the removal of soil to or from the site will affect the surrounding roads and neighbourhood through the deposition of sediment, particularly where access to the site is gained through residential areas.
(b)
Whether the activity will generate noise, vibration and dust effects, which could detract from the amenity values of the surrounding area.
(c)
Whether natural ground levels will be altered.
Impacts on sites of cultural heritage value (a)
Whether the subject land contains Waahi Tapu or Waahi Taoka, or is adjacent to a Statutory Acknowledgment Area, and whether tangata whenua have been notified.
(b)
Whether the subject land contains a recorded archaeological site, and whether the NZ Historic Places Trust has been notified.
General - Consistency with the Glenorchy Community Plan
Queenstown-Lakes District Council â&#x20AC;&#x201C; DISTRICT PLAN (September 2013)
9 - 23
TOWNSHIPS ZONE RULES
Queenstown-Lakes District Council â&#x20AC;&#x201C; PARTIALLY OPERATIVE DISTRICT PLAN (December 2007)
9
9 - 24
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The information provided on Dekho is intended to be general information only. While considerable effort has been made to ensure that the information provided on this site is accurate, current and otherwise adequate in all respects. Queenstown Lakes District Council does not accept any responsibility for content and shall not be responsible for, and excludes all liability, with relation to any claims whatsoever arising from the use of this site and data held within.
Scale @A4 paper size 1:800
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30
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Map produced by Queenstown Lakes District Council's Dekho GIS viewer
Map date: 20/03/2017