Statement of Evidence - Matthew Holder by Napier City Council

IN THE MATTER

of the Resource Management Act 1991 (“RMA” or “the Act”)

AND IN THE MATTER

of an application under section 88 of the Act to NAPIER CITY COUNCIL (ref RMA19006) by DURHAM PROPERTY INVESTMENTS LIMITED to subdivide and develop the Main Residential Zone at 16 and 38 Willowbank Avenue, Te Awa, Napier.

STATEMENT OF EVIDENCE OF MATTHEW PETER HOLDER PLANNING 1.

INTRODUCTION

1.1

My name is Matthew Peter Holder. I am the Director of the firm “Development Nous Limited”, which practices as a Town Planning and Multi-Disciplinary Consultancy with offices based in Hastings and Palmerston North. Qualifications and experience

1.2

I hold a Bachelor’s degree in Resource and Environmental Planning conferred by Massey University. Prior to my role as Director at Development Nous Limited, I was the NZ Planning Manager and a Principal of the company Cardno Ltd - a multi-disciplinary consultancy with offices throughout New Zealand and worldwide. I am a full member of the New Zealand Planning Institute, a Certified Resource Management Commissioner and a member of the Resource Management Law Association.

1.3

I have been engaged in the field of Resource and Environmental Management for approximately 25 years.

My experience includes providing advice with respect to

resource consents, Environmental Impact Assessments and District Plan policy. My experience covers employment in both local government as well as the private sector in various parts of New Zealand. 1.4

This evidence is given in respect of resource consent application RMA19006 (“Application”) by Durham Property Investments Limited (“Applicant”) to Napier City Council (“Council”) for the development of 162 dwellings and a staged subdivision of 181 lots, at 16 and 38 Willowbank Avenue, Napier (“Site”).

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Involvement in the project History 1.5

I became involved in the project from its outset in mid-2018. This involvement commenced with discussions with Council staff to determine an appropriate form of development centred around two different options: (a)

Option 1 proposed a form of development that incorporated the existing stormwater drainage designation running parallel with Willowbank Road as shown on the Te Awa structure plan1; and

(b)

Alternative Option 2, which proposed development design focused on centrally located drainage reserve.

1.6

I attended the initial first meeting with Council staff2 in June 20183. The key messages received from Council were noted as: (a) The Te Awa Structure Plan was under review and staging sequencing was no longer considered important. (b) Clarification over infrastructure ownership - three water (wastewater, water, stormwater) infrastructure should be in public ownership - preferably not private. (c) Roading could be held in private ownership behind gates. (d) Development levies - Council were largely ignoring those levies specified in the area. Only actual costs would be charged. Outside a per-lot charge, other offsite costs are borne by the developer, therefore, negating the need for payment of additional offsite contributions for work completed.

1.7

A second meeting was held in early July 20184 where two development options were presented based on the existing designation (Option 1) and a centrally located stormwater drainage reserve (Option 2)5. Contemporaneous meeting minutes compiled by the Applicant recorded the feedback and direction received from Council6 as being: (a) The Council had little appetite for a relocation/change to Stormwater designation alignment i.e. no centrally located stormwater network.

1 2 3 4

5 6

Appendix 29A – City of Napier District Plan. Engineers- Chris Dolley, Gary Schofield and Senior Planner Paul O’Shaughnessy. Minutes attached as Appendix 1A - Strata Group meeting minutes number 1 14/6/18. 5 July 2018 at NCC Offices Dunvegan attached as Appendix 1B (please note there is a discrepancy between the meeting date and the minute date). Option layouts attached as Appendix 2. Paul O’Shaughnessy email 25 July 2018 attached as Appendix 3.

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(b) Option 1 was preferred from Council urban design perspective. Current proposal 1.8

On this basis, the development was progressed. Importantly the concept of a gated community was presented by the Applicant from the outset as a “must have”, with flexibility and an open mind as to how services and roading were to be held - vested in Council and/or privately held in part or totality.

1.9

The intention was to present a gated lifestyle village encompassing freehold housing lots, communal land and infrastructure. The Applicant intends to construct all dwellings, in a similar manner to that of a typical retirement complex (such as Summerset) before being sold as house and land packages, with private covenants (including a Residents’ Society) controlling and maintaining communal areas, infrastructure and services on each owner’s behalf. This is similar to traditional retirement villages and other gated freehold developments in Hawkes Bay and other parts of New Zealand. Examples of such housing developments were provided in the Application and will be addressed in more detail in the evidence of Philip Palmer on behalf of Durham.

1.10

I approved the initial and addendum assessment of environmental effects reports for release and have been involved in the ongoing discussion of the application with the Council regarding the progression of the Application. Site visits and background material

1.11

I have visited the Site and its surrounds on a number of occasions, most recently on 5 May 2021.

1.12

In preparing this evidence I have read: (a)

The full application;

(b)

Council’s Section 95 assessment report;

(c)

The Officers section 42A Report along with associated internal memos and reports as contained in the Hearing Agenda; and

(d)

Statements of evidence from Council’s Transportation Development Engineer, Team Leader 3 Water Strategic Planning, and Director of Infrastructure; and

(e) 1.13

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All of the Applicant’s evidence.

My evidence should be read alongside all other evidence filed on behalf of the Applicant.

Page 3

Purpose and scope of evidence 1.14

The purpose of my evidence is to provide an assessment of planning related matters relevant to the Application, including the relevant objectives, policies, rules and assessment criteria of the Napier City District Plan and considerations relevant to resource consent applications as set out in section 104(1) of the RMA.

1.15

My evidence is structured as follows: (a)

Briefly describe the site (Section 3);

(b)

Briefly describe the proposal and the key issues (Section 4);

(c)

Detail of the progression of the application and revisions once submitted to Council (Section 5);

(d)

Provide an overview of the planning and statutory framework relevant to my assessment (Section 6);

(e)

Sets out my planning assessment of the relevant issues and effects arising from the proposal in light of the relevant planning and statutory framework (Section 7);

(f)

Comment on issues raised by the s42A report and relevant statements of evidence (Section 8); and

(g)

Comment on issues raised by submitters (Section 9);

(h)

Provide detail of appropriate consent conditions (Section 10)

(i)

Provide a brief conclusion (Section 11).

1.16

A summary of my evidence is contained in Section 2.

1.17

My evidence relies on and should be read together with the Assessment of Environmental Effects (“AEE”), the addendum Assessment of Environmental Effects (“Addendum AEE”) dated 4 March 2019 and the respective section 92 responses dated 21 January 2021, 15 March 2019 (pre response) and 2 April 2019.

1.18

My evidence also relies on the evidence of all the witnesses who have prepared evidence in support of the Application. Expert Witness Code of Conduct

1.19

I have been provided with a copy of the Code of Conduct for Expert Witnesses contained in the Environment Court’s 2014 Practice Note. I have read and agree to comply with that Code. This evidence is within my area of expertise, except where I state that I am

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relying upon the specified evidence of another person. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. 1.20

I understand and accept that it is my overriding duty to assist the Independent Commissioner in matters which are within my expertise as a Planner. I understand that I have an overriding duty to assist impartially on relevant matters within my area of expertise and that I am not an advocate for the party which has engaged me.

SUMMARY OF EVIDENCE

2.1

Resource consent is required for the following matters: (a)

Staged subdivision to form 181 residential lots with associated earthworks, access formation and construction of stormwater swale within Te Awa Structure Plan area in advance of structure plan staging – Discretionary activity.

(b)

Staged multi-unit consent relating to the construction of stages 2 – 9 of the development involving infringement of site coverage condition for 41 lots in advance of structure plan staging – Discretionary activity.

(c)

Access-related Code of Engineering Practice infringements resulting from the construction of a vehicle crossing exceeding 6m width and retention of internal vehicle access network as private rather than publicly vested roads – Discretionary activity.

(d)

Subdivision, land disturbance and change of use of a HAIL site in the presence of a detailed site investigation confirming soil contaminant standard compliance – Controlled activity under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (“NESCS”).

2.2

The proposed residential use of the Site is consistent with its Main Residential Zoning and inclusion within the Te Awa Structure Plan Area under the City of Napier District Plan.

2.3

As the development is out of sequence with the Te Awa Structure Plan (signalled by Council staff as changing), it is elevated to Discretionary activity status against the Structure Plan provisions. However, in my opinion the revised development remains consistent with the relevant objectives and policies of the District Plan and is consistent with all of the relevant Structure Plan provisions except for those relating to development sequencing.

2.4

. In my opinion, the sequencing of the development does not result in the generation of any adverse environmental effects, given that as stated in the evidence of Mr

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Nettlingham the Site can be appropriately serviced without detriment to outcomes sought by the Structure Plan. Indeed, as further discussed in this evidence, the development of preceding stages 3 and 4 of the Structure Plan are dependent on the formation of the southern leg of the stormwater swale within this Site. Without the formation of this swale drain, development of stages 3 and 4 of the Structure Plan cannot proceed. 2.5

In my opinion, the high-quality development proposed has significant positive social and economic benefits for the community and is representative of sustainable management. The presence of gates, proposed to remain open during daylight hours7 and the intended private ownership of infrastructure within the gates, does not detract from this opinion. The fundamentals of this development are not dissimilar to approved retirement villages or other freehold gated communities in the region, including in this very area.

2.6

Overall, I consider that given the type of the development proposed and the highquality nature of the proposal mean any potential adverse effects are very low (less than minor).

2.7

I prepared a draft set of conditions, that were presented to the Council as part of the application, along with a draft Residents Association Constitution prepared by Kemps Weir Lawyers. It is noted that with clarification of Council’s position subsequently received from Council’s Infrastructure Director that the internal driveway network and three waters infrastructure must remain private, a revised set of conditions specific to this arrangement has been completed.

2.8

On this basis I consider the application can be approved in accordance with Section 104, 104B, 106, 176 and 220 of the Resource Management Act 1991 and the Resource Management

(National

Environmental

Standard

for

Assessing

and

Managing

Contaminants in Soil to Protect Human Health) Regulations 2011 subject to the confirmation of conditions. 3.

SITE DESCRIPTION AND LOCALITY

3.1

The Application and Officer’s Report detail the site and wider existing environment, which I adopt with the following highlights: (a)

The subject Site comprises of two adjoining, largely flat land parcels that form a 13.8hectare site between Willowbank Avenue and Eriksen Road in the south eastern Napier suburb of Te Awa. These parcels are formally described as:

See condition 42 of the suggested conditions of consent.

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(i)

16 Willowbank Avenue Lot 1 DP 14417 held in Record of Title HBG2/863 comprising an area of 4.5526ha; and

(ii)

38 Willowbank Avenue Lot 2 DP 14417 held in Record of Title 420376 comprising an area of 9.2648.

(b)

The Site is located within a peri-urban area comprising a mix of rural uses on the western side of Eriksen Road and a transition to urban land uses on the eastern side of Eriksen Road. Each site has an existing dwelling with associated residential curtilage, both accessed from Willowbank Avenue 8.

3.2

I have appended a plan depicting the subject Site within the context of wider development occurring within the Te Awa Structure Plan area (as Appendix 4). Development in the wider Te Awa area

3.3

Since the preparation and filing of the Application, at which time structure plan development had generally paused, resource consent has been approved for the following Te Awa Structure Plan sites: (a)

156 Eriksen Road (Stage 1 of Structure Plan): (i)

to construct and operate a gated Retirement Complex in the Main Residential zone (comprising 241 independent living units (homes) and a part 2, part 3 storey building providing 119 assisted living suites and care beds and resident facilities (including restaurant, café and bar).

(b)

56 Kenny Road (Stage 2 of Structure Plan): (i)

(c)

to undertake a 48 residential lot subdivision with associated earthworks.

35 Kenny Road (Stage 4 of Structure Plan): (i)

To establish as multi-unit commercial development within the Main Residential zone comprising of eight tenancies (including a café, supermarket, childcare facility, medical centre & four assorted retail units). This was an out of sequence development in respect of the Te Awa Structure Plan and relocated the identified commercial node of the Te Awa Structure Plan.

3.4

Since the preparation of the Application, development has also continued to progress across the Te Awa Development Area (as shown on the context plan)

These accesses are to be surrendered as part of the application. This resolves the concerns of the Hales submission. 8

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DESCRIPTION OF PROPOSAL AND KEY ISSUES Description of proposal

4.1

Details of the Proposed are full described in the AEE and Addendum AEE and confirmed by the Officer’s Report.

4.2

The Application seeks subdivision consent and accompanying multi-unit consent (excluding Stage 1) for the staged residential development of the site, comprising: (a) 19 residential lots9 within Stages 1A, 1B and 1C fronting onto Eriksen Road ranging in size from 583m2 to 710m2 (these lots are outside of the Lifestyle Village and are excluded from the multi-unit consent application); (b) 162 residential lots within Stages 2 – 9 ranging in size from 323m2 to 567m2 forming a gated lifestyle village intended principally for occupation by persons over the age of 55 (and an area for oversized vehicle parking at Lot 24). Individual freehold titles are proposed for all of the lots within the residential village, which will be linked to a Residents’ Society (being an incorporated society) controlling the common area and infrastructure throughout the development. The ownership structure will not be by way of unit title development; (c) An internal driveway network designed to Council’s Code of Engineering Practice to enable the road network (excluding jointly owned access lots) to be vested with Council if required or retained as private roads with management through an accompanying Residents’ Society. The standards of the Code of Engineering Practice and Napier District Plan will be met regardless of whether or not roads were to vest in Council or remain private. A change to the original design away from a uniform roading network to the current cul-de-sac and laneway was a result of a Council request to meet the District Plan’s Code of Practice for Subdivision and Land Development (“Code”) standards; (d) An internal water, stormwater and wastewater utility network to be designed to Code and accommodated within the internal driveway corridors. This is proposed to be retained privately with maintenance and management being undertaken by appropriate consultant engineers instructed by the Residents’ Society; (e) An open stormwater swale drain within a 40m wide reserve to the western and southern site boundaries in accordance with the Structure Plan designation (Lots 305 – 308);

These lots have an existing subdivision approval RMS200026 to commence as a first stage out of sequence with the Structure Plan. This consent has not yet been given effect to. 9

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(f) Four reserve lots (Lots 301 – 304) enabling pedestrian and service connection from the development to the swale (the southern reserve lot has been increased in area to 2059m2 to create a neighbourhood reserve at the request of Council). The southern pocket park and three western pocket parks will join the extensive swale reserve to the western and southern site boundaries in being vested in Council; and (g) One lot (Lot 24) for use as oversized vehicle parking for occupiers of the development. This is intended to provide for vehicles such as boats, trailers and motor homes. Key issues 4.3

I understand the key issues arising in respect of this Application relate to the internal driveway network remaining private, and subsequently the proposal to gate the entrance to the development and to install, maintain and mange private infrastructure under this internal driveway network by way of the proposed Residents Society.

4.4

In relation to the “gating issue”: (a)

The gates would remain open throughout the daytime (between the hours of 7.00am and 6.00pm) and would be closed in the evening, requiring a security pass to access the internal road network through the night.

(b)

It is proposed that the entrance gates will have a code override system fitted enabling emergency vehicle entrance. I understand this is in common operation in similar circumstances across New Zealand, including a similar development by the applicant in Omokoroa, Tauranga.

4.5

In relation to the “infrastructure issue”: (a)

On the basis that the internal driveway network remains private, if the relevant in ground infrastructure was vested in Council, access can be offered by way of easement in gross for unrestricted access to the network for operational, maintenance and upgrade purposes should this be required in the future. As the driveways would be designed and constructed to Council’s Code standard, there would be no difference to the standard requirements for accessing sub surface infrastructure and reinstatement.

(b)

As identified in the Application and in the evidence of Mr Carew, a schedule of easements could provide for the vesting of the relevant three waters infrastructure. The offered easement in gross provides a clear legal means of access to the site and the infrastructure. This naturally can form a condition of consent. Physical access through the controlled entrance can be readily

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maintained through provision of the gate key/code or override code to Council. This approach was discussed with Council’s engineering staff during several preapplication meetings. It is also reinforced in the evidence of Mr Constable. (c)

If the infrastructure is not vested (given the Council has stated it will not accept the vesting) the infrastructure will be installed, maintained and managed by way of the proposed Residents Society.

4.6

I believe all issues raised by the Reporting Officer in her section 42A report, which has led to her recommendation, can be addressed in the draft set of conditions provided and therefore disagree with the recommendation to refuse resource consent.

4.7

These matters and the key issues above are addressed in further detail in Sections 9 and 10 below.

SUMMARY OF APPLICATION PROGRESSION

5.1

The progression of the Application is set out below. I note the genesis of the proposal, prior to the application being lodged will be set out in the evidence of Phillip Palmer.

5.2

The resource consent application was submitted to Napier City Council on 17 January 2019, following a number of months of pre-application discussions and changes. Following the direction of the pre-application discussion with the Council, the Application sought staged subdivision and multi-unit land use resource consent for a residential retirement village style development with vested three waters infrastructure and an internal network of private driveways, with gates provided to both entrances.

5.3

As originally submitted, the development scheme comprised: (a)

19 residential lots within Stages 1A, 1B and 1C fronting onto Eriksen Road ranging in size from 632m2 to 789m2 (these lots were excluded from the multiunit consent application);

(b)

168 residential lots within Stages 2 – 9 ranging in size from 302m2 to 488m2 with accompanying internal access driveway network;

(c)

An open stormwater swale drain within a 40m wide reserve to the western and southern site boundaries (Lots 305 – 308);

(d)

Four reserve lots (Lots 301 – 304) enabling pedestrian and service connection from the development to the swale; and

(e) 5.4 73756.6

One lot (Lot 24) for use as vehicle parking.

Specifically, resource consent was sought for the following matters: Page 10

(a)

Staged Subdivision to form 187 residential lots with associated earthworks, access formation and construction of stormwater swale within the Te Awa Structure Plan area in advance of structure plan staging.

(b)

Staged Multi Unit Consent relating to the construction of stages 2 – 9 of the development.

(c)

Access Related Code of Practice Infringements resulting from the construction of a vehicle crossing exceeding 6m width and retention of internal vehicle access as private rather than vested roads.

(d)

Subdivision, land disturbance and change of use of HAIL site in the presence of a detailed site investigation confirming soil contaminant standard compliance.

5.5

The Application was classified as a Discretionary activity due to the development being progressed in advance of the defined Te Awa Structure Plan Staging. The subdivision, multi-unit, vehicle crossing and retention of a private internal driveway network (rather than vesting as public road), are all matters resulting in Restricted Discretionary activity classification. The NESCS consent matter is classified as a Controlled activity.

5.6

It is relevant to reiterate that the Application was submitted on the basis of gated entrances and a network of private internal driveways rather than vested roads, with vested three waters infrastructure accessed by way of easement in gross. The driveways have always been envisaged as being constructed to vested public road standard, ensuring that any accessing of underground three waters infrastructure would be no different within the Site than within a vested road corridor (and thus enabling the infrastructure to vest in Council). First section 92 request

5.7

The Application was the subject of a request from the Council pursuant to section 92 of the Act for further information (“the first s92 request”) on 22 February 2019. The first s92 request was accompanied by an assessment of the scheme by the Council’s Urban Design Lead with a request that the Applicant “address accordingly” the comments and recommendations.

5.8

Much of the first s92 request were either points for information of engineering design expectations or points directing scheme amendment from the Council’s Infrastructure Department, rather than actual requests for information. In my view, much of the first s92 request related to detailed engineering design, which is not undertaken prior to a resource consent approval being issued. The proposed conditions of consent provide for this.

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5.9

One point of direction from the first s92 request was that the site “shall be serviced with a single wastewater pump station” and that the pump station “shall not be located within the drainage reserves or generally within 40m of the reserve” due to liquefaction and inundation concerns. This direction has driven a subsequent scheme revision discussed at paragraph 5.27 of this evidence.

5.10

It is noted that the request for a geotechnical report and details of cut and fill within the first s92 request was made without consideration of the geotechnical report and cut and fill details originally submitted with the Application.

5.11

The first s92 request invited discussion of the identified matters with the Council’s Infrastructure Department, Urban Design Lead and Planners. In advance of such a meeting and for the purposes of assisting discussion, the Applicant provided an initial response to the first s92 request on 15 March 2019 (this initial response was then finalised on 2 April 2019).

5.12

Attempts were made to meet with Council’s engineers from 15 March 2019 to 26 March 2019. Council’s engineers refused to meet through this time, advising that they needed further time to review the initial response letter that had been provided to assist with collaborative discussion. Applicant’s response to section 92 request dated 2 April 2019

5.13

Following the refusal of Council’s engineers to meet with the Applicant, the formal s92 response was submitted by the Applicant on 2 April 2019, albeit with another request to meet with Council’s engineers This s92 response letter is provided at Appendix 3 to the section 42A report.

5.14

The 2 April 2019 s92 response from the Applicant also identified minor infringements of the Council’s open space requirements of 6m unimpeded circle standards for the proposed development of eight lots (lots 20, 21, 22, 38, 131, 132, 134 and 135). Council’s engineering response

5.15

The Council’s Team Leader Planning and Compliance wrote to the Applicant on 15 April 2019 providing a summary of the Council’s engineering assessment of the s92 response. This correspondence is provided at Appendix 5. The engineering advice was distilled into the following four points: •

“The proposal does not meet the structure plan and overarching Te Awa Structure Plan Policies.

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•

The Asset owners are not willing to have large scale Council 3 waters infrastructure within a private gated community regardless of easement structure.

•

The development access widths do not comply with the ECoP for the number of freehold sections.

•

The number of freehold sections triggers the road to be public infrastructure under the ECoP (and supporting policies) and we (Council) are not accepting this as private infrastructure.”

5.16

The Council’s engineering assessment was obviously contrary to the clear direction on these matters that had been provided to the Applicant by the Council through preapplication discussions. This prompted consideration of scheme revisions and further discussion with the Council. Concerns around infrastructure and roading

5.17

In a further meeting with Council, the Applicant confirmed a willingness to retain the three waters asset as private rather than vested if Council would not accept this as vested infrastructure within private driveways. Council also advised of the requirement for enlargement of the southern park to enable this park to provide a neighbourhood reserve role.

5.18

The Council provided further detail of their concerns of private infrastructure by email from Council’s Team Leader Planning and Compliance on 21 June 2019. This email is provided at Appendix 6. The email summarises the concerns of the Council’s Infrastructure Team that private three waters asset management could suffer from neglectful management, with subsequent pressure applied to Council to “take over a

(possibly) degraded asset with potential & significant deferred maintenance costs to NCC & rate payers”. 5.19

The correspondence from Council’s Team Leader Resource Consents concludes the infrastructure discussion with the statement that: “it appears that the only (albeit large) significant sticking point impeding the progression of this scheme is around the status of the ‘road’ & if this issue can be resolved via vesting or a robust corporate body then a positive outcome could be achieved without litigation”.

5.20

As set out in the evidence of Karl Carew at [5.2], private ownership, management, and maintenance of an internal network of driveways can be effectively controlled through a body corporate or Residents’ Society structure outsourcing asset management. Further, as noted in the evidence of Russell Nettlingham at [4.1], the three waters and

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road asset within the site is relatively straightforward, with a flat and open site enabling formation of a comprehensively designed modern asset without technical complexity. Notification assessment 5.21

The Council issued their notification decision for the application on 5 November 2019. The notification decision stated that public notification was required on the basis of special circumstances pursuant to s95A(9) of the Act. This notification decision is provided at Appendix 7.

5.22

The notification assessment focussed on the creation of a gated community that would be the “first application of this type and scale within Napier City” which thereby raised “wider policy and social considerations” than a similar greenfields subdivision that was open to the public”.

5.23

5.24

The special circumstances assessment was divided into three topic areas of: (a)

community and social considerations;

(b)

resilient development considerations; and

(c)

asset-owner infrastructure considerations.

Against these respective headings, the notification assessment determined that it would be appropriate for the people of Napier to make comment on whether or not they supported the principle of providing the additional housing choice of gated development, that it would be appropriate for emergency services to provide comment on accessibility through a gate, and that the private internal driveway network “results in infrastructure matters that make the notification of the proposal desirable”.

5.25

The notification assessment concluded: “that the wider social and policy effects arising from the current application elevate the application to ‘exceptional’ insofar as it represents an atypical development within the Napier City context, at a neighbourhood scale that has the very real potential to alter the overall approach to residential development within Napier into the future”.

5.26

None of these “wider policy and social considerations” were addressed in any of the submissions received on the Application. Scheme revisions

5.27

With the benefit of the s95A report providing detail of the Council’s concerns, the Applicant embarked on scheme revision to address the identified matters. The revised

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scheme was submitted to Council 19 March 2020. The addendum AEE is provided at Appendix 2 to the s42A report. 5.28

The internal road and three waters networks were designed to the Council’s Code standard and the three waters were intended to be made available for vesting in Council (if Council wanted vesting to occur), or alternatively retained within the private ownership of the future Residents’ Society.

5.29

The scheme revision amended the westernmost north–south internal road to a series of private driveways extending to the north and south of the termination of the east– west roads. This revision was undertaken to enable compliance with the Council’s Code standards for roads and effectively created an east-to-west dispersal of the development. This reflects the progression from the eastern accesses across the site to the swale barrier to the west, while at the same time reducing potential vehicle dominance of the development. This arrangement better relates the houses along the western boundary to the neighbourhoods of the wider development through the removal of the former road barrier between these houses and the balance of the Site.

5.30

The southern open space area was enlarged as directed by Council to an area of 2,056m2. The boundary treatment of all the open spaces was rearranged to enable public access and vesting of the reserves in Council.

5.31

The various revisions resulted in the reduction of the number of house lots across the scheme from 187 to 181. The revisions also ensured that all the layouts within the multi-unit consent complied with the open space requirements and 6m circle standards of the District Plan.

5.32

A draft set of resource consent conditions was submitted to the Council on 21 March 2019. These conditions sought to provide condition options for the range of possible vesting and non-vesting outcomes of the application.

5.33

Of note, in response to Council’s long term asset management and maintenance concerns, the following condition was offered requiring Council approval of the adequacy of the asset management strategy with accompanying wording to prevent any liability being passed to the Council: “Prior to first occupation of the development, asset management strategies,

including

operational

management

and

long-term

maintenance and renewal provision and annual funding requirements prepared by appropriately experienced specialists shall be submitted to and approved by the Council’s Resource Consents Team Leader. The acceptance by the Council of the asset management strategies will be limited to consideration of the competent preparation of the documents, and no liability shall be imparted on the Council for the

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content

any

long-term

deficiencies

such

inadequate

maintenance or funding shortfalls.”

5.34

A draft Residents’ Society constitution was submitted to Council on 24 March 2020 to provide an indication of the management structure and general nature of obligations that can be imposed on future owners and occupiers through compulsory membership of a Residents’ Society. This draft constitution is provided at Appendix 8.

5.35

The Council’s review of the revised application details identified a series of matters that were addressed by way of details submitted to Council on 21 April 2020. These details addressed minor discrepancies relating to survey rounding, clarification that the existing Eriksen Road overhead power lines would be replaced with underground power lines at the time of development as envisaged by the Te Awa Structure Plan engineering works, addition of signage details to the scope of the consent and removal of the Eriksen Road frontage stages 1A, 1B and 1C from the scope of the application. These revision details are provided at Appendix 9.

5.36

As invited by Council, a separate subdivision application for the nineteen residential lots fronting Eriksen Road that collectively formed Stages 1A, 1B and 1C of the original scheme was submitted to Council on 21 April 2020. This application was approved by Council under reference RMS200026 on 02 June 2020 and the approved resource consent is provided at Appendix 10. The resource consent remains live.

5.37

The Council completed a revised s95A assessment responding to the revised application details on 19 May 2020. The assessment repeated the conclusion of the previous s95A assessment, stating a requirement for public notification on the basis of special circumstances pursuant to S95A(9) of the Act arising from the “wider social and policy effects” of the development. A copy of this s95A reassessment is provided at Appendix 11.

5.38

The special circumstances assessment repeated the concerns of community and social considerations and asset-owner infrastructure considerations stated in the first s95A assessment. However, the identified special circumstances relating to resilient development considerations of the previous s95A assessment were not repeated in the second assessment.

5.39

The second s95A assessment concluded that the revision to the internal roading network, whereby the western north – south road was replaced with a series of private driveways extending to the north and south of the termination of the east – west roads, resulted in adverse effects when compared to the initial internal road layout that Council had identified as requiring revision at the time of the first s92 request. The second s95A assessment states that this revision to the road form “requires considerations” falling

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short of stating that the resulting development layout reaches the special circumstances threshold. Submissions 5.40

The application was publicly notified from 19 August 2020 to 16 September 2020. Three submissions were received from: (a)

Napier Boys High School (as adjacent landowners to the north);

(b)

Hawke’s Bay Regional Council; and

(c)

Maraenui Trust represented by Richard Hale (as adjacent landowners to the west).

5.41

These submissions are provided at Appendix 13 to the section 42A report. Second section 92 request

5.42

On the basis of the matters raised in the three submissions, a second s92 request was issued by the Council on 25 September 2020. To enable discussion with the three submitting parties and Council to be facilitated, the Applicant placed the application on hold on 30 September 2020. The Applicant met with Council leadership in December 2020 and the Council’s Director of Infrastructure, Jon Kingsford, provided a follow-up written summary of the engineering perspective of the application issues on 18 December 2020. This letter is provided at Appendix 12. This letter stated Council’s position as: (a) With entrance gates, the road cannot be vested in Council and must remain private. (b) Three waters infrastructure within private roads must remain private. (c) The infrastructure should be designed to Council’s Code standard rather than Building Code standard. (d) Te Awa Structure Plan financial contributions will be payable on the development. (e) Classification is necessary for the Council to understand the title structure, with suggestion that the scheme could be developed as a unit title development.

5.43

The clarification of the Council’s engineering position was welcomed, and this stated position was recognised as being consistent with the proposed approach of the revised application.

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5.44

A full response to the second s92 request was submitted to the Council on 21 January 2021. This response is provided at Appendix 4 to the section 42A report.

5.45

This response comprehensively addressed the following: (a)

Responded to points raised in the second s92;

(b)

Detailed the conclusion of the discussion with the three submitters and the related proposed conditions of consent;

(c)

Responded to the letter from Council’s Director of Infrastructure and provided a revised staged scheme plan set covering minor revisions to address the Council’s requirement to provide a single wastewater pump station; and

(d)

Confirmed the siting of this pump station adjacent to the Site entrance in a lot to be vested in Council with direct access to Eriksen Road.

5.46

Discussion with the three submitters to the Application resolved the concerns through offered planning conditions to the point that no submitter wished to be heard at a hearing. NBHS withdrew their submission as confirmed to the Council. HBRC have not withdrawn their submission but have stated that they do not wish to be heard at a hearing provided agreed conditions are imposed. Clarification sought by Maraenui Trust was provided to address their query.. This is further detailed at Section 10 of my evidence.

5.47

With the Applicant understanding that all matters were apparently resolved with Council, including agreement of infrastructure asset ownership, it was obviously surprising and disappointing to receive notification of the Council’s recommendation for refusal of the application.

5.48

Against that background, I address the relevant planning and statutory framework below.

RELEVANT PLANNING AND STATUTORY FRAMEWORK City of Napier District Plan Definition of “Residential Activity”

6.1

It is intended that the development will provide housing targeted at occupiers over the age of 55, and each home will be on a separate record of title. Each dwelling will be self-contained with no managed personal care element available for occupiers.

6.2

Accordingly, while the development will provide a niche community of self-contained housing opportunities for persons seeking enhanced security and community, the

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activity is classified as standard residential development comprising individual households. 6.3

The District Plan defines a “residential activity” as: “the use of LAND and buildings (including accessory buildings such as garages, carports and storage sheds) by a HOUSEHOLD (whether any person is subject to care, supervision or not), and includes RESIDENTIAL

CARE

FACILITIES

but

does

not

include

home

occupations, or travellers’ accommodation”.

Zoning 6.4

The site is zoned Main Residential Zone of the City of Napier District Plan and is located within the Te Awa Structure Plan (“Structure Plan”) area. While residential development is supported in principle by the provisions of the underlying residential zone, the specific nature of residential development is required to meet the Structure Plan principles (in absence of resource consent to vary).

6.5

Residential development within the Main Residential Zone is anticipated as described in the following zone description of the City of Napier District Plan 10: “The Main Residential zone applies to broad residential areas covering most of the City where there are "no significant environmental constraints that may otherwise indicate intensified residential development should not occur. This zone also includes residential growth areas including the Te Awa Development area. The Main Residential zone allows for a degree of consolidation and intensification of residential development consistent with the maintenance and enhancement of residential amenity values by way of development standards.” The Te Awa Structure Plan (“Structure Plan”)

6.6

The Site is subject to the Structure Plan. It provides a framework to guide the staged development of approximately 125 hectares of land, which was rezoned from Rural to Main Residential by Plan Change 6 to the City of Napier District Plan in 2012.

6.7

The Introduction to the Te Awa Structure Plan states: 11 “1.0 The Te Awa Structure Plan sets out a framework for development within the Te Awa Development area. The Structure Plan includes the Te Awa Structure Plan Map which shows key features including, landuse, indicative open space areas, stormwater infrastructure, proposed roads, proposed offroad pedestrian and cycleways. The Te Awa Structure Plan - Water Supply Network Plan (Appendix 29C), the Te Awa Structure Plan - Stormwater

10 11

Section 4.2 of City of Napier District Plan (Page 4.0-18) Appendix 29A of the District Plan.

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Network Plan (Appendix 29D) and the Te Awa Structure Plan – Wastewater Plan (Appendix 29E) show the layout of proposed service infrastructure. The Te Awa Structure Plan Design Outcomes (set out in the Te Awa Structure Plan) have been developed as part of the Te Awa Structure planning process and associated specialist analysis. The objectives that underpin the Te Awa Structure Plan Design Outcomes include: 1. 2. 3. 4.

Landuse Urban Amenity Accessibility Infrastructure

The Te Awa Structure Plan Design Outcomes seek to guide development and minimise potential effects associated with urban development. The Design Outcomes are considered to be critical to achieving the desired intent of the Te Awa Structure Plan 2. Te Awa Structure Plan Design Outcomes Applicants will need to demonstrate when applying for landuse development and subdivision resource consents within the Te Awa Development area, that the relevant Design Outcomes can be achieved. Every subdivision or land development shall make provision for the infrastructure shown on the Te Awa Structure Plan Maps (refer to Appendix 29C-F) and which lie within the application land, generally shown on these Maps.”

6.8

Required infrastructure is identified and delivery of this is planned within the Structure Plan, along with the specification of design outcomes (eighteen design principles) to ensure the achievement of a suitably high-quality suburban environment. These are addressed further below.

6.9

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The Structure Plan also provides for additional controls as follows:

Page 20

(a)

Noise Boundary – it introduced a noise boundary relating to Willowbank Avenue traffic noise, with acoustic insulation requirements for development within the boundary. This is expressed as a dashed line parallel to Willowbank Avenue on the above District Plan map. This requirement will be enforced at the time of building consent for each affected dwelling.

(b)

Designated Stormwater Swale – it introduced a designated stormwater swale adjacent to and aligned parallel with Willowbank Avenue. This designated corridor provides for the drainage of stages 3, 4, 5 and 6 of the Structure Plan land to the swale, and discharge of this stormwater to the Cowshed Drain and onward through the southern swale (aligned generally east – west) within the application Site, which forms stage 5 of the Structure Plan. For clarity, while the Structure

Plan

staging

does

not

accurately

reflect

this

arrangement,

development of Stages 3 and 4 of the Structure Plan are dependent on the formation of the southern swale within stage 5 of the structure plan, which is the Application Site. 6.10

The Structure Plan also provides for staging of development within the Structure Plan area. In this regard: (a)

The Site is within the stage 5 development area of the Te Awa Structure Plan and the terms of the staging framework provided at Design Outcome 4 envisage this area not being developed until 70% of the potential development of preceding stages has obtained s224(c) certification. At the time that the Application was submitted, no development within the preceding stages of the Te Awa Structure Plan had proceeded since being enabled in 2012.

(b)

Since lodging this application, development within stages 1, 2 and 4 has been approved or developed. Nevertheless, and notwithstanding the stormwater staging anomaly identified in my evidence at paragraph 6.9, the development of the Site remains inconsistent with the intended staging of the overall planning for the Te Awa Development Area. In accordance with Design Outcome 5, this staging inconsistency elevates the resource consent to Discretionary activity status.

(c)

While being promoted in advance of the planned Te Awa Structure Plan staging, all required physical infrastructure for the Site can be readily provided without creating an unreasonable burden on the Council or on other Te Awa Development Area land. The inconsistency of the development against the planned staging of the Te Awa Structure Plan does not, therefore, result in any adverse effects or any implications for future Structure Plan development on other sites.

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6.11

Overall, I believe that the proposed development is consistent with the Main Residential zoning of the Te Awa Development Area and intent of the Te Awa Structure Plan and the form of development. The provision of smaller lot sizes best utilises the greenfield residential land resource and the required physical infrastructure resource. Statutory Framework

6.12

As a Discretionary activity, you must consider whether to grant the application in accordance with ss 104(1) of the Act which requires you to consider: (a)

The actual or potential effects of the activities;

(b)

Any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects;

(c)

The relevant provisions of any higher order documents (including national environmental standards) as well as of any regional or district planning instruments, operative or proposed that may be relevant to your decision;

(d)

Whether there is any other factor or consideration that is relevant and should be taken into account in making your decision; and

(e) 6.13

Part 2 of the Act (if necessary).

In addition, section 104B of the Act provides that you can grant or decline consent, and if you grant consent, impose conditions.

SCOPE OF POTENTIAL EFFECTS OF CONCERN – S42A REPORT

7.1

I wish to preface my planning assessment addressing the effects of the proposal by referring to the section 42A report which provides guidance as to the issues that are most in contention. Positive effects – section 42A report

7.2

The Council’s reporting planner has recognised the following positive effects resulting from the development12: - “The opportunity for persons aged 55+ to enjoy a village-type environment, in a manner that allows for capital gains to be achieved i.e. fee-simple title arrangements. This is considered to provide an alternative for persons seeking the security and sense of place provided for by a more traditional retirement village mechanism, but with more freedoms and independence being able to be achieved.

Page 32 of Section 42A report

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- The proposal represents an efficient use of a valuable land resource to provide for an additional 162 houses, where there is a demonstrable demand for additional housing supply targeted at this particular demographic (i.e. 55 years+). - The proposal will provide for the upgrade of the western extent of Eriksen Road which abuts the subject site, to match the existing urban form evident along the eastern extent of Eriksen Road. This will result in a consistent development standard and will contribute to the continued development of this anticipated growth area. - The proposal will contribute to the overall biodiversity of the locale, noting that the additional landscaping that is proposed within the western and southern drainage.” 7.3

I concur that these positive effects will result from the proposed development. Aspects of the proposal considered to be acceptable

7.4

The Council’s reporting planner has also determined that the actual and potential adverse effects are acceptable in respect of the following components: 13

“The scale and intensity of the proposed residential development is generally consistent with the density, bulk and location provisions of the District Plan. From a practical perspective, the actual and potential effects associated with the physical road formation and the resultant traffic generation are considered to be acceptable, subject to further detailed design being undertaken with regard to Lot 500. The existing overhead powerlines within the subject site are to be undergrounded (as stated by the applicant’s planner), therefore the development is not anticipated to interfere with the efficient use and/or operation of the existing high voltage transmission lines. The proposed earthworks are able to be quantified and are to occur in a staged manner across the site. It is recommended that, should consent be granted, that conditions are imposed requiring provision of a finalised sediment and erosion plan, along with a construction management plan to be provided to Council prior to commencement of each stage of the development. The requirement of such documentation is considered to adequately address adverse effects generated by the temporary construction timeframe of the overall development. The proposed construction of dwellings will be temporary, and will be mitigated by the construction management plan inclusive of specified hours for construction that is recommended to form a condition of consent, should consent be granted. The natural hazards applicable to the subject site have appropriately addressed and are able to be satisfactorily mitigated as detailed in the Section 106 assessment of this report above.”

On Pages 30-32 of Section 42A report

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7.5

I concur with the assessment that the actual and potential adverse effects will be acceptable in relation to: infrastructure, amenity, natural hazards, traffic, utilities and earthworks, which aligns with the assessment of environmental effects in the AEE and addendum AEE. Potential effects of concern – private internal access network, private infrastructure and proposed gates (“gating” and “private infrastructure”)

7.6

Despite the above positive conclusions, and mitigation offered to address the identified negative

effects,

the

Council’s

reporting

planner

has

reached

negative

recommendation for the Application which conflicts with the assessment and conclusions in the AEE and addendum AEE. 7.7

The Council states concern over the gating of the development and subsequent requirement for the private ownership and maintenance of the driveway and three waters infrastructure networks. This concern centres around the ability of a private entity to effectively manage the infrastructure in the long term.

7.8

The Applicant has followed the direction given by the Council’s Director Infrastructure in arranging the development with private driveways and private three waters that will be designed and constructed to Council’s Code standard and subject to Council’s engineering Plan Approval process.

7.9

To address the Council’s concerns in the above respect the Applicant has proposed a condition requiring Council review of the competence of asset management plans and requiring provision of a draft Residents’ Society constitution from Weirs Kemp as invited by Council to demonstrate as to how the development will be managed and operated.

7.10

I disagree with the above conclusions in the Council planner’s report and provide a further assessment of both “gating” and “infrastructure” in section 9 below.

PLANNING ASSESSMENT

8.1

I set out my planning assessment below. In this regard I address:

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(a)

The relevant assessment criteria and design outcomes under the District Plan;

(b)

The actual and potential effects of the proposal by reference to the key issues;

(c)

Relevant objectives and policies;

(d)

The Council’s Code of Practice for Subdivision and Development; and

(e)

Other section 104 matters under the Act.

Page 24

Assessment Criteria (Residential Environments) 8.2

Chapter 12 of the City of Napier District Plan sets out the assessment criteria relevant to discretionary activities in residential environments. In this instance, both the AEE (at Section 8.0 pages 33-39) and section 42A report (at pages 22 to 24) set out the applicable criteria. Both are in general agreement that the Application is consistent with the relevant criteria and on the whole, appropriate conditions will satisfy any minor aspects raised, except for the Applicant’s intended private roading network, private infrastructure, and the proposal for gates (being the ‘infrastructure’ and ‘gating’ issues); which are addressed further below.

8.3

In my assessment of the Application against these criteria, I do not determine use of private infrastructure within a freehold development and security gates open during daylight hours to be specifically opposed. Te Awa Structure Plan Design Outcomes

8.4

As set out in the evidence of Gemma Guilford the Application has properly considered and demonstrated strong compliance with the relevant design outcomes of the Te Awa Structure Plan. The form of development as an enclosed lifestyle-styled village still remains consistent with the principles of Structure Plan design outcomes, particularly given the structure features including designations, no through roads and the Eriksen Road vehicle accesses providing the only access into the site. Subdivision Assessment Criteria

8.5

I agree with the comments of the Reporting Officer14 in her assessment of the development against the assessment criteria detailed in Sections A8.2 and A8 with the exception of her concerns over long term management of private roading and 3 waters infrastructure. I remain confident that these infrastructural assets can be properly managed through the proposed conditions of consent, including but not limited to the establishment of a Residents’ Society and construction in accordance with the Code of Practice. Actual and potential effects (Section 104(1)(a))

8.6

In deciding whether or not the effects of the proposal will be minor, it is appropriate to consider the determination in Braithwaite vs Christchurch City Council (B5/1993). This case established that “minor” means adverse effects that are less than “major” and can include those effects that are more than simply minute or slight. Going further, it is also appropriate to consider whether or not any identified potential major effects might be mitigated to “minor” after imposing conditions.

pages 30-32 of the s42A report

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8.7

The Applicant engaged a suite of technical experts to assess the potential effects of the development of this land. These experts have provided technical reports and plans that were referenced and summarised in the AEE and the addendum AEE and have all provided written evidence which I rely on to determine the nature of potential effects arising from the proposal.

8.8

As set out in the AEE and addendum AEE and the actual or potential effects of the proposed activity on the environment are considered to be no more than minor. I consider they relate to:

8.9

(a)

Effects on city-wide strategic land use allocation;

(b)

Amenity and visual effects;

(c)

Traffic, access and parking

(d)

Infrastructure provision and servicing;

(e)

Earthworks and construction;

(f)

Natural hazards;

(g)

Contamination; and

(h)

Subdivision.

I summarise and address these below. Effects on strategic land allocation

8.10

As previously stated, the principle of the proposed residential development of the Site is entirely consistent with the strategic direction of the City of Napier District Plan in relation to long term planned urban expansion and the area specific objectives of the Te Awa Structure Plan.

8.11

The Te Awa Development Area was identified by the Council as an urban extension area and has accordingly been zoned for residential development. This area provides a substantial residential land supply making a significant contribution to the residential development capacity of the city. The significance of the proposed residential yield of the subject land is accentuated by the current housing supply crisis faced by Napier.

8.12

In my opinion the effects in relation to the strategic allocation of land by the Council and implementation of the Council’s urban growth direction are positive with a muchneeded increase in housing supply in Napier.

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8.13

The outcomes sought under the Structure Plan can be met and infrastructure design and implementation without impediment to other land in the area. The Applicant will be paying required financial contributions to enable the advancement of Structure Plan area and making required land available for the formation of Council’s designated stormwater drainage and reserves. Amenity and visual effects

8.14

Amenity values are defined in Section 2 of the Act as “those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes”.

8.15

The greenfield development will obviously result in substantial visual change to the Site, introducing consolidated suburban development to open pastoral land. However, this change is entirely consistent with the expectations of the City of Napier District Plan and Te Awa Structure Plan. Furthermore, the resulting appearance will be consistent with the adjacent Te Awa Estates development.

8.16

The 19 larger lots of the development fronting Eriksen Road will provide a visual transition from the Te Awa Estates development to the tighter grain of the main body of this proposal. The 40m wide stormwater swale corridor to the western site boundary will provide substantial visual separation from Willowbank Road.

8.17

The evidence of Ms Guilford details the design philosophy behind the development on intended landscaping in order to create a desirable residential environment for future occupiers and visitors and wider viewing audience. She concludes that at Section 9 of her evidence that the proposal will: (a)

Achieve a quality and style of development consistent with the City of Napier District Plan and the landscape and urban design outcomes that it seeks to achieve; and

(b) 8.18

Provides for a high quality, desirable residential development.

I believe that the development will therefore have less than minor effects on the existing visual amenity, character and appearance of the surrounding area. Traffic, access, and parking

8.19

Te Awa Avenue is identified in the Council’s District Plan as a Principal Road and Willowbank Road is identified as a Collector Road.

8.20

Based on the traffic engineering evidence of Mr Constable, given the Site and surrounding area are zoned for residential development with a specified minimum

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residential density, the impact of traffic generation resulting from residential development has generally been anticipated by the Council. This planning for development is reflected in the series of road improvement works that are set out in the Te Awa Structure Plan. 8.21

The development is compliant with all specified transport related standards within the City of Napier District Plan, with the exception of the width of the vehicle crossing required to form the southern site access. In my opinion, this is a small technical noncompliance with no adverse effects on the environment.

8.22

The Transport Assessment of Traffic Solutions and the evidence of Mr Constable states that the traffic generated from the site can be readily accommodated within the surrounding road network, as is expected for zone appropriate development within the Te Awa Development Area.

8.23

The 19 Stage 1 lots will be accessed directly from Eriksen Road. Two entrances are provided to the village development from Eriksen Road. The southern entrance is intended to be the main and more formal entrance, with median divided entrance and exit lanes. The northern entrance is intended to be secondary with no lane separation. Based on the traffic assessment, vertical and horizontal alignment of Eriksen Road enables sight distances to be achieved to each of these accesses significantly more than the NZTA RTS6 guidance distances.

8.24

The northern entrance gates will be recessed 6m within the site, comfortably accommodating a car waiting to enter the site and the southern entrance will be recessed 10m into the site comfortably accommodating service vehicles waiting to enter the site or multiple cars.

8.25

No new access is proposed to the Site from Willowbank Road. The existing Willowbank Road entrances to nos. 16 and 38 Willowbank Road will be closed at the commencement of construction. As no new access will be formed to Willowbank Road, there will be no effects on this road.

8.26

The access arrangement will not, therefore, result in any adverse effects on the surrounding area. As detailed later in my evidence, this satisfies the request of a neutral submitter, 3 Maraenui Trust.

8.27

In terms of the internal driveway network: (a)

The proposed internal access layout based on the specialist traffic engineering advice of Mr Constable in my opinion is appropriate to the specific form of development providing a suitably safe and useable access arrangement for future residents and visitors. Looking at the wider development which has

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occurred in the Te Awa Area, the intended layout provides a design that exceeds expectations for the area. (b)

Roads are designed to the minor local standard (<200vpd) based on the number of dwellings served by each road through the internal network. This was also an aspect discussed with Council’s engineering/roading staff during pre-application discussions. The internal roads have been revised to ensure compliance with the Code design standard, and these roads will be constructed to Code standard.

(c)

Each dwelling within the village will have an internal double garage and will provide a vehicle standing space between the garage and the property boundary fronting the internal access driveway. This provision exceeds the City of Napier District Plan requirement for two car parking spaces (one of which is to be provided as a vehicle standing space) per dwelling.

(d)

The size of the 19 Stage 1 lots provides ample opportunity for subsequent residential development to comply with the car parking standards.

(e)

Additional car parking is provided on and adjacent to Lot 24 for additional vehicles or oversized vehicles, such as motor homes, caravans or boats. Kerb side car parking will also be available throughout the development, providing additional capacity for visitor’s while not impeding the flow of traffic.

(f)

The District Plan requires the provision of cycle parking at a rate of 1 cycle stand per 5 required car parking spaces. While no specific provision for dedicated cycle parking areas is made within the village development, cycle parking can be readily accommodated within individual houses, as required by occupiers.

(g)

Overspill car parking onto neighbouring roads is not expected to occur and as the development accords with the specified standards, there are not considered to be any adverse effects in this respect.

(h)

The site layout can readily accommodate required service vehicle movements, from regular privately contracted refuse and recyclables collection vehicles and goods delivery vehicles to less frequent household removal vehicles. Such vehicles could readily access the village from either the northern or southern entrances.

(i)

Service vehicles accessing the Site would not result in any adverse effects on road function.

8.28

As directed by the Te Awa Structure Plan, the development includes provision for improvement to Eriksen Road for the length of the property frontage. The Structure Plan requires the formation of kerb and channel and a footpath on the western side of

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Eriksen Road providing for a 10m wide roadway, along with the undergrounding of existing overhead power transmission lines. 8.29

These improvements are consistent with the Te Awa Structure Plan and will provide for suitable connection of the improvements to subsequent Te Awa Structure Plan development on adjacent sites.

8.30

The road improvements will therefore provide positive effects for the area. Infrastructure and servicing

8.31

The evidence of Mr Nettlingham confirms that the Site can be adequately serviced in a manner that will be consistent with the servicing intent set out in the Te Awa Structure Plan.

8.32

Overland stormwater flow within the development will be controlled and directed to the internal access network and formed stormwater system to discharge to the western and southern Structure Plan swales.

8.33

This arrangement accords with the provisions of the Te Awa Structure Plan.

8.34

Power and telecommunications connections to the site are readily available as this infrastructure has been installed in earlier stages of Te Awa Development Area development.

8.35

The development can be readily connected to Council’s services, which have been installed in the area with the expectation of Te Awa Structure Plan development. Again, financial contributions will be paid to address the impact on this physical infrastructure and any resulting effects on infrastructure will in my opinion be less than minor. Earthworks and construction

8.36

The earthworks details provided with the application provide detail of the cut and fill required and associated profiles. The anticipated material import/export volumes are also identified in the application. Earthworks and construction activities can be suitably managed and controlled by conditions and site management plans.

8.37

The evidence of Mr Nettlingham provides the nature of works. The proposed Conditions of consent require engineering approval and associated construction management plans to be approved and established onsite prior to the commencement of works.

8.38

The Napier City Council public GIS identifies the Site as being at risk of earthquake derived liquefaction and associated earthquake amplification, and part of the Site as being at risk from flooding in a 1 in 50-year event. The Hawke’s Bay Regional Hazards

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Portal repeats the liquefaction and flooding risk and additionally identifies the Site as being at risk of inundation in both distant and near source tsunami events. In response to this risk, geotechnical investigation of the Site has been undertaken and the reporting of this is provided within the Application. The evidence of Mr Wylie addresses the liquefaction exposure risk of the site. 8.39

While the current Site conditions do not present an associated risk of lateral spread or stretch, the construction of the stormwater swale will form free faces, thereby introducing an associated risk of lateral spread to the area.

8.40

The evidence of Mr Wylie states that the risk of liquefaction can be suitably mitigated through detailed geotechnical design of building foundations at the time of building consent and that the risk of lateral spread can be addressed through the formation of sub surface retaining structures within the swale construction. Mr Wylie concludes that the site is suitable, in geotechnical terms, for the proposed residential development. The requirement for geotechnical foundation design can be readily secured by way of a consent notice, and the proposed conditions of consent incorporate this provision (condition 35). The required subsurface retaining structures to mitigate lateral spread risk, or similar measures, are envisaged to be addressed through the Council’s design and construction of the designated Structure Plan swale.

8.41

The Site is also subject to an identified risk of flooding in a 1 in 50-year event. This risk will be mitigated by the Site filling required to meet the minimum development level of the Te Awa Structure Plan. Proposed condition of consent 17 addresses this.

8.42

The effects arising from the potential natural hazard exposure of the Site are therefore less than minor.

8.43

In my opinion, Section 106 of the Act in respect of hazards can be satisfied. It is proposed to adopt the same approach of the Council in the consideration and approval of surrounding and wider development also exposed to tsunami risk and to the recent approval of gated development at 156 Eriksen Road. Infrastructure vesting issues

8.44

As set out in the evidence of Mr Carew, private ownership, management and maintenance of an internal network of driveways can be effectively controlled through a Residents’ Society structure outsourcing asset management to suitably qualified and experienced professional engineers. Proposed conditions 4 - 7 (decision 1) and conditions 3 and 4 (decision 2) reinforce this.

8.45

As noted in the evidence of Russell Nettlingham, the infrastructure provided in the development within the Site is relatively straightforward, with a flat and open Site

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enabling formation of a comprehensively designed modern asset without technical complexity. 8.46

Previous correspondence from Council’s Team Leader Resource Consents concludes the infrastructure discussion with the statement that: “it appears that the only (albeit large) significant sticking point impeding the progression of this scheme is around the status of the ‘road’ & if this issue can be resolved via vesting or a robust corporate body then a positive outcome could be achieved without litigation”.

8.47

While the internal roads of the development will remain private, they will be designed and constructed to the same standard as if they were to be vested.

8.48

Extensive vested three waters assets are located within easements over private land throughout the city. Despite accepting that such easement arrangement is a common situation, and despite previous advice from the Council to the contrary, Council’s Director of Infrastructure Services is opposed to the vesting of the three waters infrastructure of the development with the Council. His position appears to be founded on the belief that the Council ownership of infrastructure assets in private roads will result in “risk, cost and complications”. In my opinion, this ignores the fact this approach to infrastructure management already occurs not only in the Napier and wider Hawke’s Bay area but also other parts of New Zealand.

8.49

With the benefit of easement in gross providing unrestricted legal access, and the internal roads being designed and constructed to Code standard such that they are entirely consistent with public roads, the potential risk, cost and complications to Council of the arrangement would be effectively obviated. There would, in my opinion, effectively be no difference to Council in terms of the access and reinstatement requirements between accessing the infrastructure within the proposed development and within any public road.

8.50

However, at the requirement of Council the three waters and road network will be managed through the Residents’ Society contracting the infrastructure operation and management work to a professional provider. The obvious value and significance of the infrastructure asset are recognised however, private management of the asset would be similar to a body corporate contracting out the building fabric management in a unit title development.

8.51

With a viable alternative to the vesting of infrastructure with the Council available the reluctance of Council to accept the vesting of the three waters infrastructure does not, in my opinion, raise any adverse potential effects on long term effective infrastructure management.

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Overall assessment 8.52

Overall, it is my professional opinion that the retention of private infrastructure within the gated boundaries of the S1ite, is an appropriate form of development provided it is properly managed by a Residents’ Society and it is constructed in accordance with the Code of Engineering Practice to a public standard, as is proposed. Objectives and Policies (Section 104(1)(b)(v))

8.53

The relevant objectives and policies from the City of Napier District Plan (“District Plan”) are specified within the following sections:

8.54

(a)

Chapter 4 – Residential Environments.

(b)

Chapter 52A – Earthworks.

(c)

Chapter 61 – Transportation.

(d)

Chapter 62 – Natural Hazards.

My assessment of the Application against the relevant objectives and policies of each of these sections is provided in the AEE and Addendum AEE. In summary: (a)

The Residential Environments Chapter seeks to “enable the diverse housing needs and preferences of the city’s residents to be met while ensuring that the adverse effects on the environment of residential land use, development and subdivision are avoided, remedied or mitigated (Objective 4.2).” The relevant supporting policy15 includes enabling the development of a range of housing types within the urban area and where appropriate, more intensive forms of housing. The Reporting Officer and I concur in this regard.

(b)

The Site is within an identified urban growth area for the city that has been the subject of a detailed structure planning exercise to confirm residential capacity and servicing. The development will provide a large volume of dwellings targeted at addressing the housing needs of the targeted demographic, with specific development design (including gates) catering to the needs of this group. This is consistent with objective 4.3 and policies 4.3.1 and 4.3.2 of the District Plan.

(c)

Subject to imposition of standard construction management controls (conditions 30-35 (decision1)), the earthworks are consistent with the relevant Chapter 52A

Policy 4.2.1 and 4.2.2

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objectives and policies of the District Plan. No heritage assets are recorded within the Site or immediate surrounding area. (d)

Chapter 61 sets out the transport objectives and policies which include “to maintain a safe and efficient transport network that meets the needs of the community and the future growth of Napier without creating significant adverse effects”16. The associated policy includes controlling “the design and location of subdivision, use and development of land so as to minimise traffic patterns that will interfere with the safe and efficient operation of the transport network”17. The mechanisms in the District Plan do not appear to specifically restrict the use of gates across roads whether private or for that matter public.

8.55

In my overall opinion, the development is clearly not contrary to, and is consistent with, the relevant objectives and policies of the District Plan. The proposed development is consistent with the residential zoning of the Site, and the detail of the development accords with the objectives and policies of the relevant district-wide provisions of the District Plan.

Code of Practice for subdivision and land development Part A – resource management requirements 8.56

I have also considered the objectives and policies of the Code of Engineering Practice being Volume 2 of the District Plan. This is relevant to the consideration of this application because this part of the District Plan sets out the resource management requirements for land development and subdivision in Napier City.

8.57

Section 5.1.6, objective 6 seeks: “The provision of an efficient and effective infrastructure, services and utility network that provides for the current and reasonably foreseeable needs of the City. The efficient use of resources, particularly finite resources, are other matters to be considered under the Act (sections 7[b] and [g]). Promoting efficient use of the City’s land resource at the development stage is fundamental to providing for these matters, as is the efficient design and establishment of the City’s network of services, utilities, roads (including the state highway network) and other infrastructural components. Promoting efficient land development will help to reduce the environmental costs of development for present and future generations, and to sustain the future potential of the resources. Going further in Section 5.1.7 Objective 7 to seek the provision of allotments that have adequate vehicular access to provide for the actual and potential needs of a

16 17

Objective 61.3 Policy 61.3.3

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range of permitted activities, and that such access is appropriately integrated with the City’s road network. The provision of adequate access and the formation of adequate roads and links with the City’s road network is a critical consideration at the subdivision and land development stage, including consideration of a range of possible land uses, including further intensification.”

8.58

Having considered these objectives and associated policies, particularly policies 4, 6, 11, and 13, I believe the development is not inconsistent with the intended direction. Certainly, this type of freehold development is not foreign to the City, albeit it is intended on a larger scale to other similar developments. Certainly, its smaller in scale than the Summerset Village in proximity, notwithstanding its different ownership structure. Again, there is no specific policy direction that private gated freehold development is to be discouraged.

Other relevant section 104 matters National Environmental Standard for Contaminated Soils (“NESCS”) 8.59

The Application contained a comprehensive detailed site investigation that confirmed compliance with the soil contaminant standards. The detailed site investigation identified isolated areas of low-level elevated contaminant levels within the site, however confirmed overall compliance with the relevant soil contaminant standards for residential use.

8.60

As a detailed site investigation has been undertaken to confirm compliance of the development with specified soil contaminant standards, Regulation 9 of the 2011 NESCS classifies the development as a controlled activity. National Policy Statement for Urban Development 2020 (“NPSUD”)

8.61

I have considered the NPSUD and concur with the reporting officer that the development of the site will be entirely consistent with the NPSUD. Operative Hawkes Bay Regional Resource Management Plan (s104(1)(b)(v))

8.62

I have considered the Hawke’s Bay Regional Council’s Proposed Regional Resource Management Plan, which is a combined Regional Policy Statement (RPS) and Regional Plan (RP) and believe that the proposed subdivision will not be inconsistent with the intent and direction of this Planning document.

ISSUES RAISED BY OFFICER’S REPORT

9.1

I address a number of issues arising as a result of section 42A report below.

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Vesting of infrastructure 9.2

The Council’s Description of Development within the s42A report states that the Application seeks vesting of the three waters infrastructure.

9.3

As set out earlier in my evidence, the three waters easements in gross have been included on the staged scheme plans to provide for vesting of this infrastructure if desired by Council. As set out in the Applicant’s response to the letter from Council’s Infrastructure Director that was included with the wider response to the second s92 request on 21 January 2021, if required by Council, the three waters infrastructure along with the road will remain within the private ownership and management of the Residents’ Association that will be formed for other communal management.

9.4

The proposed conditions provided at Appendix 13 are framed on the basis of the infrastructure being retained within private ownership.

9.5

As stated within the above response from the Applicant to the letter from Council’s Infrastructure Director: “clarification from the Council that the three waters infrastructure must remain within the control of the residents’ society is understood and we will proceed on that basis.”

9.6

The retention of the three waters in private ownership and management of the Residents’ Society is recognised at section 1.4.2 of the s42A report along with reference to Council’s rationale for not accepting the vesting of three waters due to an absence of ownership control of the road. Quite how this differs from the numerous examples of public infrastructure traversing private property, much of which is within enclosed areas that are not visible from public areas, is not clear. Notwithstanding the questions of Council’s rationale, the Applicant accepts the retention of the three waters infrastructure within the private ownership and management of the Residents’ Society.

9.7

A condition is offered to provide certainty to Council of the appropriateness of the required infrastructure management plans. This condition states: Prior to s224 certification of stage 2 of the development, asset management strategies, including operational management and long term maintenance and renewal provision and annual funding requirements prepared by appropriately experienced specialists shall be submitted to and approved by the Council’s Resource Consents Team Leader. The acceptance by the Council

of the asset

management strategies will be limited to consideration of the competent preparation of the documents, and no liability shall be imparted on the Council for the content or any long term deficiencies such as inadequate maintenance or funding shortfalls. 73756.6

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9.8

The subject infrastructure is relatively simple three waters and roading infrastructure as explained in the evidence of Russell Nettlingham [Section 4]. The domestic users do not present any high-volume individual demands and the absence of any vertical pipe networks (or elevators) extended upwards in flatted development buildings avoids related design and maintenance/replacement access and cost complications.

9.9

It is noted that a reasonably envisaged Residents’ Society annual levy on each of the 162 lots within the development could rapidly build up capital reserves appropriate to the long-term asset management. The burden of the infrastructure funding for maintenance and unforeseen repairs can be better absorbed by the 162 lots of this development than a similar situation of substantially fewer lots. Closure of Willowbank Avenue Crossings

9.10

The reference at Section 2.0 of the s42A report regarding the closure of the vehicle crossings and the related recommended condition to Willowbank Avenue is agreed by the Applicant. Liquefaction risk

9.11

The s42A report discusses the exposure of the underlying soils of the site to liquefaction in a triggering event and the associated risk of lateral spread or stretch to the free faces created by the formation of the stormwater swale.

9.12

As explained in the evidence of Russell Nettlingham, the design of the swale follows the direction of the Beca Consultants three waters report that guided the structure plan principles. In recognising the resulting lateral spread risk created by the free faces of the swale to both the development land and the adjacent section of Willowbank Avenue, the Applicant sought to alternatively pipe this swale. This was rejected by Council as being inconsistent with the Structure Plan. As set out in the evidence of Mr Wylie, subsurface structural mitigation measures can be readily designed to address land that is exposed to a risk of lateral spread. Financial contributions

9.13

As discussed at section 8.1 of the s42A report, the Council proposes that the Applicant pays the full amount of Te Awa Structure Plan financial contributions.

9.14

The Te Awa Structure Plan financial contributions are obviously significantly greater than the contributions applicable to the Residential Zone beyond the Structure Plan area. The significant extra contributions have been calculated by Council, as part of the original structure planning process, to fund the infrastructure works to develop the structure plan land from rural land to a suburban setting, to facilitate subsequent residential development. This includes consideration for the purchase of land for

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infrastructure requirements, such as the 31,249m2 of land for the swale from this site and the 2,059m2 neighbourhood park at the southern end of the development. 9.15

As the Council proposes that the Applicant pays the full financial contribution, after consideration of the purchase of the swale and reserve land, the Applicant will proceed on the basis that the Structure Plan works will be completed by the Council. This includes the detailed design and formation of the drainage swale to the western and southern site boundaries. The onus is therefore on the Council to incorporate the necessary lateral spread mitigation measures into the design and construction of this swale to protect both the adjacent Willowbank Road, the future residential development of the site and the infrastructure within the drainage corridors. Consent notice

9.16

Section 7.2 of the s42A report identifies a consent notice as being appropriate to ensure that minimum site levels and finished floor levels are met. This is accepted. Tsunami evacuation

9.17

Section 7.3 of the s42A report identifies a condition as being necessary to require tsunami evacuation preparedness. A condition has been inserted by agreement with HBRC. Lateral spread

9.18

Section 7.4 of the s42A report concludes that insufficient information has been provided to quantify the risk to land or stormwater infrastructure arising from the exposure to lateral spread risk arising from the free faces of the formed stormwater swale in relation to s106 of the Act. As set out above, this mitigation will be required from Council, as they have signalled their intention to design and construct the swale through the schedule of required financial contributions. Mitigation of the lateral spread risk through widely accepted sub surface mitigation will be expected from Council’s design and construction. Internal driveway network

9.19

Section 7.5 of the s42A report refers to legal advice received by the Council that suggests that a Residents’ Society could not be expected to effectively manage and maintain the internal driveway network. This leads to a conclusion against the provisions of s106(1)(c) that sufficient provision has not been for legal and physical access to each lot.

9.20

As set out in the evidence of Mr Nettlingham, the internal driveway network will be a technically simplistic job to design and construct, in the absence of challenging land

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configuration or topography. Similarly, long term management of the driveway asset will not be challenging. The suggestion that competing interests within a Residents’ Society could result in compromised investment or related decision making is obviated through the requirement for asset management to accord with the direction of suitably qualified and experienced external consulting engineers. 9.21

It is noted that, despite appearing to be a critical influence on the Council’s decision making, the legal advice (and associated instruction) has not been provided with the Council’s evidence set. My understanding of this legal advice as reported in the s42A report and the evidence of Council’s Infrastructure Director is that it does not identify a legal impediment to this structure and rather speculates as to what events could occur.

9.22

To repeat the previous point of my evidence, the infrastructure is not complex or challenging and the value would be quite modest in comparison to a multi-storey apartment development with vertical infrastructure and elevators.

9.23

Based on the above points, I therefore disagree with the suggestion that the development fails to meet the hazard resilience and the legal and physical access requirements of s106 of the Act.

Fencing 9.24

Section 8.1 of the s42A report notes the requirement for conditions imposing fencing and no-complaints covenant restrictions on northern lots of the development. These conditions are offered by the Applicant.

Wastewater pump station 9.25

Section 8.1 of the s42A report also references the ability to refine the arrangement of the wastewater pump station and lot 500 through the detailed design. This is supported by the Applicant.

Public transport 9.26

Section 8.1 of the s42A report states that as the development fails to adequately provide for public transport services to travel through the site, it fails to meet Design Outcome 7 of the report. This is addressed by the evidence of Mr Ian Constable, in referencing the generally professionally accepted 400m walking catchment to bus services.

Landscaping for reserves

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9.27

Section 8.1 of the s42A report proposes a condition of consent relating to a detailed scheme of landscaping for the reserves land. While the Applicant can willingly provide a detailed design pursuant to a condition, as the Council has imposed the full financial contribution levy on the development, it is expected that the formation and landscaping of the swale and neighbourhood parks areas will be completed by the Council.

Transportation and roading 9.28

Section 8.1 of the s42A report references the concerns of Council’s Transportation Development Engineer, and that these can be resolved at detailed engineering design pursuant to a planning condition. This approach is supported by the Applicant.

9.29

Design Outcome 13 of the Te Awa Structure Plan States: “No additional collector streets are necessary within the Te Awa Development area. Internal streets shall generally comply with Napier City Council standards and design for local streets, except where Council may wish to promote with a developer innovative and attractive solutions that enhance residential amenity, safety and sense of place. Therefore Council will look favourably on alternative subdivision concepts that achieve safe, pedestrian and cycle friendly streets and discourage through traffic.”

9.30

In relation to Design Outcome 13, section 8.1 of the s42A report states that the gating of the development is not necessary to achieve the sense of security sought by the Applicant for the development, on the basis of their previous experience with similar development projects, concluding that “it is not considered appropriate to view the proposal in a ‘favourable’ light as required by Design Outcome 13, when it is viewed ‘in the round’, as the intent of this condition is able to be achieved by the development without the use of gated entries/exits”. The absence of commitment to state that the scheme is contrary to this Design Outcome within the s42A report is consistent with my view that the scheme is consistent with this Design Outcome. Further, it is presumptuous of the reporting officer to purport to know more than the Applicant about what measures are considered necessary by the Applicant to achieve their desired sense of security for future occupiers of the proposed homes.

Three waters 9.31

In relation to Design Outcomes 14, 15, 16 and 17, section 8.1 of the s42A report states that the Director of Infrastructure has advised that all three waters infrastructure within the development will need to be “owned, maintained and operated by the proposed Resident’s (sic) Society”. The report continues to advise that the Director of Infrastructure has further advised that the infrastructure should be designed and constructed to Council’s Code standard. The Applicant accepts and agrees with these fundamental requirements for asset construction, ownership and maintenance, as previously expressed to Council.

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Financial contributions 9.32

In response to Design Outcome 18, the s42A report sets out the proposed financial contributions to be levied against the development, in accordance with the relevant provisions of the City of Napier District Plan.

9.33

The Applicant accepts this assessment but notes that the payment of this contribution obligates the Council to deliver all of the infrastructure improvements required to facilitate suburban development of the site, in accordance with the Te Awa Structure Plan.

Council’s Code 9.34

The comments of the s42A report at section 8.1 against the provisions of A8.3 of Part 1 of the Council’s Code are understood and agreed by the Applicant. For clarity, these comments are: •

The private three waters network shall be designed and constructed in accordance with the Council’s Code and approved through an Engineering Plan Approval process.

•

The detail of the wastewater pump station location can be agreed at detailed design stage.

•

The Applicant agrees that the overhead power lines shall be undergrounded. These are works that form part of the Structure Plan urbanisation engineering works that are funded through the financial contribution structure.

•

Refuse and recyclable collection will be undertaken by way of private collection from lot frontages within the site, possibly with Council’s contracted provider.

•

The conclusion of this section of the report that the “natural hazards applicable to the subject site have been appropriately addressed and are able to be satisfactorily mitigated” is noted.

Consistency with HPUDS, RRMP and RPS 9.35

I agree with the statement of the s42A report at 8.3.3 that “the proposal is considered to be entirely consistent with the intentions, objectives and policies of HPUDS, the Regional Resource Management Plan and the RPS”. Sustainable development

9.36

Section 9.0 of the s42A report concludes that the scheme cannot represent sustainable development in terms of s5 of the Act, due to the speculative view that a residents’

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society may fail to adequately manage infrastructure. I disagree with this conclusion on the basis that professional asset management regimes would be established and adhered to through the residents’ society founding documents. Precedent and plan integrity 9.37

At section 8.4.2 of the s42A report, Ms Sutton has raised matters of precedent and plan integrity.

9.38

I accept precedent can be a relevant consideration both in respect of the District Plan and as “another matter” under Section 104(1)(c) of the Act. Although precedent effects or plan integrity are not explicitly mentioned in the Resource Management Act, I accept that there may be an expectation that “granting of one consent may well have an influence on how another application should be dealt with”. Notwithstanding this, each consent application still needs to be considered on its merits. The Applicant is entitled to advance a resource consent application and have their individual circumstances properly considered.

9.39

I do not believe that approving this Application will create a precedent effect or be a threat to the integrity of the District Plan.

9.40

Ms Sutton suggests that to grant consent would create a precedent for similar applications and would have an adverse effect on the integrity of the District Plan.

9.41

In my opinion there is no irreconcilable clash with the District Plan provisions, particularly as the activity comprises a discretionary activity and is not contrary to the objectives and policies of the District Plan, as I detail earlier in my evidence. The development avoids, remedies and mitigates actual or potential adverse environmental effects through design, proposed conditions of consent and use of a robust Resident’s Society to administer private infrastructure.

9.42

The Application Site has the following distinguishable characteristics that I believe sets it aside from other sites in the Te Awa area: •

The Site has been assembled from adjoining properties to provide a development area of 13.8ha which is not readily available to the market.

•

It is enclosed on 3 boundaries by the Drainage designation (40 metres on 2 boundaries) and land owned by Napier Boys High School.

•

There is no permitted access onto Willowbank Road permitted and therefore no associated through road – so the development does not prevent through traffic.

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•

Eriksen Road has an approved residential development (stage 1) fronting Eriksen Road, that ensures that, unlike Summerset for example there will be no hard fenced boundaries along the road. This makes the gated component of the development to not appear as such.

•

Other sites in the area have access to 2 road frontages, which would allow for through roads and linkages.

•

The site has been assembled from adjoining properties to provide a development area of 13.8ha which is not readily available to the market.

•

The proposed development seeks to provide a housing option targeted at retired or semi-retired persons within a series of small mini-neighbourhoods as part of the overall neighbourhood of the village, to create a distinct community character desired by the target occupant group.

9.43

As explained, the Site and proposed development has a range of distinguishable characteristics (site and development) that differentiate it from the specifics of most other green field development sites throughout the city. This can also be in the context of other gated developments in the area and wider city.

9.44

With regard to District Plan integrity, the Application was publicly notified providing the opportunity for the public to consider the issue of gates and private servicing. In the absence of any opposition from city residents, it is clear that this is not an issue or did not raise any concern with the wider public. There appears to be no desire on behalf of Napier to block this form of development.

9.45

The basis upon which Ms Sutton opines, appears from her statement on page 31 of the s42A report that the use of a Residents’ Society to own, operate and maintain this asset is considered to represent a significant departure from the intent of Part C of the Code of Practice (being that such an asset be vested where it services over 8 dwellings/lots). I disagree with this statement.

9.46

The Code of Practice makes no reference to requiring roads servicing more than 8 lots to vest in Council. The Code of Practice, as shown in the below table, provides for nonpublic access ways on the basis their width is to be formed to a public road standard. This, in my opinion, is not to be confused with a requirement that any roads serving more than 8 lots must be vested as public road. The only requirement is that the required formation standards (width) be met and that they have a minimum life of 20 years.

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10.

ISSUES RAISED IN SUBMISSIONS

10.1

Three submissions on the Application were received through the public notification process. These submissions were received from Napier Boys High School, Hawke’s Bay Regional Council and Maraenui Trust.

Napier Boys High School 10.2

Napier Boys High School own the land immediately to the north of the application site, where they operate an educational farm. Their submissions raised concerns or sought clarification on a range of matters relating to the relationship of the development to their land. Discussion with Napier Boys High School has resulted in the inclusion of a no-complaints covenant and fencing requirement within the scope of the Application. On reaching agreement of these conditions, Napier Boys High School have subsequently withdrawn their submission. These matters are reflected in the Applicant’s proposed

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condition set provided at Appendix 13. The specific conditions included within the scope of the application to address Napier Boys High School concerns are: That a covenant pursuant to Section 108(2)(d) of the Resource Management Act 1991 be registered against the records of title for Lots 19,20,77-84 resulting from the subdivision of Lot 1 DP 144417 and Lot 2 DP14417 (being those lots immediately adjoining Lot 1 DP 6396), in favour of the consent authority. The covenants shall be prepared and registered at the applicant’s expense and shall read as follows: This property adjoins Napier Boys High School land (contained in record of title [to be inserted] being Lot 1 DP 6396) where school activities occur (these may include sports activities and educational agricultural, viticultural and horticultural management practices such as agrichemical spraying and the use of farm machinery, and other similar activities). Where school activities are carried out on the Napier Boys High School land lawfully, in accordance with existing use rights and/or the relevant District Plan requirements the property owner, or their successors in title shall not: 1. Make, or cause any other party to make, any complaint arising from the use of that land; or 2. Make, nor lodge, nor be party to, nor finance, nor contribute to the cost of, any application, proceeding or appeal pursuant to the Resource Management Act 1991 (or to any statutory amendment or replacement thereof) designed or intended to limit, prohibit or restrict the continuation of the activities on Napier Boys High School land, including without limitation any action to require the school to modify the activities carried out on their land.” Boundary treatment to the northern boundary shall take the form of a close boarded 1.8m tall fence.

Hawke’s Bay Regional Council 10.3

The submission of Hawke’s Bay Regional Council objected to the development of the land in relation to the presence of tsunami hazard and liquefaction risk, potential requirement for Council to obtain discharge consent for stormwater and wastewater infrastructure pursuant to the proposed TANK Plan Change (which is not incumbent on Applicant), requirement for standard stormwater, earthworks and silt management plan prior to construction and discussed promotion wider of transport connectivity works in the area (again not incumbent on Applicant) connectivity.

10.4

Discussion with the Hawke’s Bay Regional Council resulted in the parties reached a position where the Council confirmed that it did not wish to be heard at a hearing, provided proposed conditions were included in an approval relating to tsunami evacuation preparation. These condition are included in the proposed condition set provided at Appendix 13 and stated below:

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• Prior to the occupation of the Willowbank sub-development, the consent holder shall provide a detailed Emergency / Hazard Management Plan (E/HMP), detailing the provisions to ensure the safety of occupants of the subdivided lots in the event of inundation of the site from either tsunami or overland flow from stormwater. This shall be submitted for the approval of the Napier City Council Community Resilience Team. The E/HMP shall include but not be limited to the following measures: • Ensuring the provision of an evacuation plan for tsunami and flooding, to be reviewed every 5 years by the residents' society • Provision of evacuation signage which meets the Technical Standard [TS01/08] National Tsunami Signage principles, and is acceptable to the Napier City Council Community Resilience Team • Ensuring members of the residents' society receive as minimum annual training in compliance with the provisions of the E/HMP. • The consent holder shall provide to the Napier City Council Community Resilience Team a copy of the documentation establishing the Residents society and setting out to the satisfaction of the Napier City Council Community Resilience Team the responsibilities of the residents' society in terms of on-going site management. This includes arrangements to ensure compliance of the E/HMP; and providing Council with an annual report demonstrating on-going compliance. This is to be prepared by an independent certifier appointed by the residents' society and acceptable to the Napier City Council Community Resilience Team. • The consent holder shall upload all geotechnical data to the Hawke's Bay Civil Defence Emergency Management Hazard Portal. • Prior to occupation of the Willowbank development, the consent holder shall provide information to Napier City Council on how they will mitigate liquefaction and enable re-habitation of homes post-event in accordance with the Canterbury method (MBIE, 2012).

Maraenui Trust 10.5

Maraenui Trust (represented by Richard Hale) own farmland to the west of the Site, extending from Willowbank Road to Riverbend Road. The submission sought clarification that the development would not form any access to Willowbank Road. While initial discussion of the Maraenui Trust submission with Richard Hale advised that it was likely to be withdrawn subject to supporting confirmation from Council of the absence of access from the development to Willowbank Road, this discussion did not reach a conclusion.

10.6

The issues raised by submitters have been addressed in the proposed set of conditions that form part of the application.

11.

CONDITIONS

11.1

Accompanying this evidence is a comprehensive set of planning conditions that are offered by the Applicant in draft for consideration. In preparing these conditions I have utilised recent resource consent approvals of Napier City Council within the surrounding area as a basis for the format and have sought to incorporate the conditions recommended at Appendix 17 to the s42A report.

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11.2

Notwithstanding that the conditions are offered by the Applicant; I consider the conditions to be fair and reasonable in clarifying the structure of the development and in addressing otherwise potential adverse effects and compliance with applicable District Plan provisions.

11.3

The conditions are structured around the key tenets of the final version of the Application proposal, being the design and construction of private driveways and three waters infrastructure to the Council’s Code standard that will be approved through the Council’s engineering plan approval process and managed thereafter by a Residents’ Society.

11.4

By way of summary: (a)

The draft conditions require the establishment of a Residents’ Society and obligate the owners of all residential lots within the village (lots 20 - 23 and 25 – 182) to be members of the Society, and to abide decisions made by the residents society, (including the payment of subscription fees to the Society as required, and to abide by the rules and decisions of the Society).

(b)

To provide the Council with long confidence of the private infrastructure management, the conditions require the infrastructure to be designed and constructed to Code standard and for the infrastructure to be approved through the Council’s Engineering Plan Approval process. Long term asset management strategies prepared by independent technical specialists are also required to be presented for Council’s review of competency to ensure that appropriate long term management is considered and provided for within the asset management.

(c)

In accordance with the financial contribution structure of the Te Awa Structure Plan, and pursuant to various discussion with Council Officers, the draft conditions are structured around the development connecting to Council infrastructure that has been constructed by the Council, including the Eriksen Road widening, formation of the stormwater swale and wider external three waters works and formation of the neighbourhood reserve.

(d)

Conditions as agreed following discussion with Napier Boys High School and Hawke’s Bay Regional Council, as submitters to the scheme through the public notification process are included within the draft condition set.

(e)

Conditions 62 and 74 require construction of a 1.8m high, close boarded fence, to be formed to the northern site and for the northern homes within the village development to be subject to a no-complaints style covenant in relation to activities on the adjoining Napier Boys High School land. It is noted that the condition requiring fencing of the northern boundary has followed the direction

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of condition 12.3 2 of the Council’s condition set over the wording of Council condition 12.31. This reflects the uncertain timing of future structure plan development of the neighbouring land to the north and reflects the current preference of both relevant land owners. (f)

Conditions 75 – 78 meet the stated Hawke’s Bay Regional Council requirements and provide for hazard resilience preparation and detailing of geotechnical liquefaction assessment and resilience. These conditions are as proposed by Hawke’s Bay Regional Council.

(g)

The land use consent condition 7 (under Decision 2 in the Applicant’s draft condition set) requires compliance with the subdivision conditions relating to the completion and certification of the infrastructure and utilities servicing, earthworks and landscaping prior to first occupation of each stage of the village development. This is linked for clarity within the condition structure and ensures that development pursuant to the multi unit consent does not avoid any of the technical requirements imposed through the subdivision process. This is not a burden on the development, as the homes can still be constructed in tandem with the subdivision construction and certification but they cannot be sold until title has been issued.

11.5

I am happy to discuss these conditions further as required.

12.

CONCLUSIONS

12.1

Resource consent pursuant to Section 88 of the Resource Management Act 1991 is sought from Napier City Council for the residential subdivision and development of the Site to create a managed village of 162 lots that will each contain a three bedroom home and 19 lots outside of the village for general residential development.

12.2

Pursuant to the established principle of bundling of consent matters within an application, the application falls to be assessed against the highest order activity classification within the consenting matters. Accordingly, the development is classified as a Discretionary Activity.

12.3

The Application Site is within the Main Residential Zone of the City of Napier District Plan, and is further subject to the Te Awa Structure Plan, which has been prepared to guide development of the area. While the residential development is consistent with the Council’s long term land use aspirations for the site, the development is proposed in advance of the established development sequencing of the generally stalled Te Awa Structure Plan.

12.4

While the inconsistency with the defined sequencing of structure plan development elevates the Application to a discretionary activity, the Site can be readily serviced by

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adjacent Council infrastructure without causing adverse effects on the infrastructure resource or any other property within the Structure Plan Area. 12.5

The development incorporates the 40m wide combined stormwater swale and reserve corridor to the western and southern boundaries of the site that is set out in the Te Awa Structure Plan and protected by designations within the City of Napier District Plan. The Application proposes parkland landscaping of this corridor to create an attractive space to complement the suburban development.

12.6

The development also achieves the minimum residential density required within the Te Awa Structure Plan area, making best use of the zoned greenfield land resource and the servicing infrastructure.

12.7

As demonstrated in this report, the zone appropriate greenfield residential development would result in no more than minor effects on the surrounding environment and less than minor effects on neighbouring properties. The development would also be consistent with the relevant objectives and policies of the City of Napier District Plan and would be consistent with all but the development sequencing provisions of the Te Awa Structure Plan. The proposed activity is considered consistent with the purpose and principles of the Act, in that it represents a sustainable and efficient use of the land and physical resources and there are no ‘other matters’ which would give reason for Council to decline the application.

12.8

In my opinion the proposed development is appropriate for approval. The Applicant also offers proposed conditions of consent, subject to further refinement and acceptance by the Council.

Matthew Holder Development Nous Limited 14 May 2021

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APPENDIX 1A - MEETING MINUTES 1

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Meeting Minutes Meeting Number

Client

Durham Property Ltd

Date

14/6/18

Job Number

J4345

Project Address

Eriksen Rd, Napier

Meeting Location

NCC

Start Time

Finish Time

Attendance

Gemma Gilford (GG), Matt Holder (MH)Chris Dolley (CD), Garry Schofield (GS), Paul O’Shaughnessy (PO), Russell Nettlingham (RN), Dan Joblin (DJ) Seth Palmer (SP), Phillip Palmer (PP),

Apologies:

Robert Palmer (RP)

No.

ITEM

DETAILS

1.0

Project Overview MH / RN

• • • •

Comments - CD

• • • • • • • • • • • •

Key Issues

BY / DATE

Are there any plans to upgrade the Willowbank Road intersection? It is currently blocked off with no through traffic. Structure plan shows this connection Structure plan shows site as stage 5 – should be stage 1 as its right next to the waterway Water 550 trunk main going past site Sewer connection point? Design is veering away from a structure plan designation area What happens to the designation in the southern lots?? Have we consulted with the owners of these lots? The structure plan went through a huge consultation process and there will be a lot of unhappy people if changed. What are the steps around this - alter designation and council to give consent to build over it? The structure plan is under review as of the 2020 district plan changes Catchment storm water review Are we vesting roads within the development? – all in or all out – all services and roads are either councils or they are private What are the benefits of private road with public services? – uncertainty for the community – do we have an argument for this? Departure in the structure plan from 15m wide roads to 12m wide 3 waters no private ownership Council want us to work through these challenges with design principles rather than an ownership model Potential body corporate road maintenance (Robin from Council is transport lead – They will talk to him/her?) Discussion around development levies CD advises that the council are largely ignoring those levies specified in the area, basically outside a per lot charge other costs where borne by developer in order to achieve the outcomes of the structure plan- roading, servicing etc will be considered the only payable levy- if we pay we don’t get charged for this component. For example if we upgrade the road frontage then there will be no $2500+ roading upgrade payable

•

Development costs – only actual costs to be charged

• • •

Wastewater Water Min. floor level 11.58

RN / MH

Note

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz|www.stratagroup.net.nz

•

Actions

Water main – cannot do any construction over summer as need the connection for town supply. • Change designation – (DNL to provide master plan to show potential alignment and benefits to neighbours) • NES NCC to organise separate meeting with Graham in 4 wks time MH + GG to have meeting with Paul O’s, Dean and Georgina separately re Urban Design

PO MH / GG

Next Meeting Date: TBC

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz|www.stratagroup.net.nz

APPENDIX 1B – MEETING MINUTES 2

73756.6

Page 51

Meeting Minutes Meeting Number

Client

Durham Property Ltd

Date

19/7/18

Job Number

J4345

Meeting Location

SGL

Finish Time

11.45am

Project Address Start Time

11.15am

Attendance

MH, RN, DJ, RB

Copy to:

Russell Nettlingham, Dan Joblin (DJ), Matt Holder (MH), Gemma Gilford (GG), Seth Palmer (SP), Phillip Palmer (PP), Robert Palmer (RP)

BY / DATE Note

No.

ITEM

DETAILS

1.0

Working title

• •

Eriksen Lifestyle Village To be updated at a later date

2.0

NCC – meeting # 1

• • •

Minutes from last week from GG – MH to forward. RB to update Add list of attendees and project contact lists Development costs – only actual costs to be charged

• • •

Paull O’S to arrange follow-up meeting with various at NCC RB to co-ordinate comms and distribute to team Arrange for 2 weeks from today

•

Contact is Dean Moriarty NCC

Note

•

Gemma to provide concept plan showing designations to SGL

•

SGL to overlay and prepare plan for MH

•

MH to action alteration to designation

•

Neighbours’ consent to be obtained for proposed designation shift

RP / RN

•

Covered by design standard eg double glazing etc

3.0

4.0

Followup meeting with NCC

Designation

RB Note RB

20/7/18 DJ 31/718

5.0

Noise Boundary

9.0

•

10.0

•

11.0

•

12.0

•

Next Meeting Date: 2 weekly project meetings to be arranged – RB to issue invitations

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz|www.stratagroup.net.nz

APPENDIX 2 – INTIAL SCHEME PLANS CONSIDERED AT PRE APPLICATION MEETINGS

73756.6

Page 52

• TOTAL = 193 lots • 700m² = 19 lots (Eriksen Road Frontage) • Single = 56 lots (400m²) (25m x 16m)

LOT 1 DP 6369

40m wide drainage reserve

• Single Duplex = 92 lots (325m²) (2x 13m x 25m) • Double Duplex = 6 lots (3 Duplex) • Mix Duplex (Double + Single) = 20 lots (10 Duplex)

Recreational linkages to run throughout development

Double Duplex

140

80 79

193 192

NU E

77 76

AN KA VE

MARAENUI

WB LO WIL

187

181 180

69 68 67

174 173 172

60 59

171

166

161

169 161

128

152

127

153

160

118

119 115

104

14 13

32 33

700m² lots to Eriksen Road frontage

36 8

37 38

5 TE AWA

114

LOT 9 DP 6055

103

108

110 111

48 47 46

42 3

44 45

LOT 2 DP 14417

2 1

Site drainage to connect through to ‘Serpentine’ drain and pond

LOT 10 DP 6055

Option 1 Layout in accordance with NCC Te Awa Structure Plan 40m wide drainage line to western boundary 0

100

200m

LOT 1 DP 14417

107

112 113

43 50 49

102 101

123 109

121 120

117 116 51

100

106

125

122

24 25

155

156

158 159

132

105

126

124

157

168

163

170

133

134

129 130

150 151

20 21

147

149

185

178

177

135

148

154 176

167 165 164

179

188

182

175

66 65 64 63

186

184 183

146

136

131

189

137

145 190

138

144

191

139

141 142 143

82 81

Mixed Duplex

ROA

Single Duplex

SEN

Single

ERIK

Scale 1:2000 @ A3

18/06/2018 Revision C

Durham Property Investments - concept Scheme Plan

TOTAL = 240 lots

LOT 1 DP 6369

• 700m² = 20 lots (Eriksen Road Frontage) • Single = 72 lots (400m²) (25m x 16m) • Single Duplex = 126 lots (325m²) (2x 13m x 25m)

30m wide drainage reserve

• Double Duplex = 6 lots (3 Duplex)

Single

Single Duplex

Mixed Duplex

Double Duplex

158

159

91 90 89 MARAENUI

NU E

88 87 86 85

AN KA VE WB LO WIL

82 81 80

229

75 73

238

237

235

69 68 67

194

193 192 191

65 64

196 190

197

189

175 176

202

198

177 178 179

200

181

187 186

130

182 183

LOT 9 DP 6055

700m² lots to Eriksen Road frontage

11 10

8 7

41 6

43 44

TE AWA

184 185

128

49 51

127

126

LOT 2 DP 14417

48 54

125

Site drainage to connect through to ‘Serpentine’ drain and pond

LOT 10 DP 6055

Option 2 Centralised Drainage Reserve and Parkland - 30m wide 0

100

200m

LOT 1 DP 14417

124

131

129

180

199

133 132

114

123

134

113

122

135

174

201

188

173

112

121

136

111

119 120

137

172

203

234

195

171

110

117 118

138

21 22

109

116

139

106

108

115

140

170

204

233

142 141

168 169

206 205

232

236

231

145 144 143

105

107

149

146

166 167

208 207

150

104

153

147

165

213 212

154

103

148

163 164

210 209

228

151

162 161

211

240 239 230

218

214

224

227 226

152

215

223 225

156 155

216

222

101 102

160

217 221

100

157

220

79 78

219

95 94

ROA

Recreational linkages to run throughout development

SEN

97 96

ERIK

• Mixed Duplex (Double + Single) = 16 lots (8 Duplex)

Scale 1:2000 @ A3

18/06/2018 Revision C

Durham Property Investments - concept Scheme Plan

Indicative Elevations 16m wide and 13m wide lots - Not to scale 16m

13m

Pohutukawa - Double Garage

13m

Kowhai - single garage duplex

Pohutukawa - Double Garage

Kowahi - Single Garage

Double garage - Parkvale Estate

Single garage - Parkvale Estate 13m

Matai + Rata - single garage mixed duplex

Matai - single garage

Rata - single garage

Parkvale Estate render

16m

Matai - Double garage duplex

Matai - Double garage

18/06/2018 Revision C

Durham Property Investments - concept Scheme Plan

Indicative cross section - drainage reserve Not to scale

Passive open space

Passive open space Inundation zone (approx. 12m)

P. BOUNDARY

Rear yard

P. BOUNDARY

30M Wide Drainage Reserve

Rear yard

Max. 1:5 batter

Meandering shared pathway 3.0m wide with potential breakout and seating opportunities

Open style fences to rear boundaries interfacing open space

Estate Entry

18/06/2018 Revision C

Durham Property Investments - concept Scheme Plan

Lot 1 DP 6396

Subject site - refer to concept scheme plan for details

D DE

SIGN

IST ING

MARAENUI

ATIO N

SIG NA TIO N

Lot 1 DP 14417

PRO POSE

Lot 2 DP 14417 ARROW PLACE 30m wide drainage reserve with recreational linkages to connect throughout precinct to foreshore and broader network ENTI

NE D

Lot 10 DP 6055

Lot 11 DP 6055

ERIK

SEN

SERP ROA

LLO WB

KA VE

Lot 9 DP 6055

Lot 12 DP 6055

Lot 13 DP 6055 Lot 14 DP 6055

WAIMAKARIRI DRIVE

Lot 16 DP 6055 TE AWA

ATI O

Lot 17 DP 6055

DES

IGN

IST 40 ING m w DE ide SIG NA TIO

Lot 15 DP 6055

KENNY ROAD

PRO

POS

Lot 18 DP 6055 30m wide drainage reserve with recreational linkages to connect throughout precinct to foreshore and broader network

Lot 19 DP 6055

Sec SO tion 1 303 972

Lot 2 DP 417341

Site

dra dra inag ina e to ge res existi erv ng es

Proposed Relocation of Designation 0

60 80

100

200m

Sec SO tion 1 336 278

Lot 1 DP 417341 Section 1 SO 10812

Scale 1:2000 @ A1

20/07/2018 Revision A

Durham Property Investments - concept Master Plan

RAIN

Site drainage to existing drainage reserves

LOT 1 DP 6369

40m wide drainage reserve LOT 83 366m² LOT 82 374m²

LOT 84 383m²

LOT 85 325m²

LOT 81 400m²

LOT 86 400m² LOT 87 400m²

LOT 80 400m² LOT 92 400m²

LOT 79 400m²

MARAENUI

LOT 93 400m²

LOT 78 325m²

LOT 104 400m² LOT 103

LOT 77 400m²

400m² LOT 102 400m²

LOT 76 400m²

LOT 122 400m²

LOT 72 400m² LOT 71 400m²

LOT 123 400m²

LOT 70 400m²

LOT 129 458m²

LOT 69 400m² LOT 68 400m²

LOT 136 415m² LOT 135 415m²

LOT 67 400m² LOT 66 400m²

LOT 137 400m²

LOT 65 400m²

LOT 141 416m²

LOT 61 400m²

LOT 142 400m²

LOT 143 400m²

LOT 150 416m² LOT 151 416m²

LOT 57 424m²

LOT 56 400m²

LOT 55 400m²

LOT 54 400m²

LOT 53 400m²

LOT 133

LOT 144 400m²

LOT 145 400m²

LOT 149 416m²

LOT 58 400m²

LOT 131 406m²

LOT 147 421m² LOT 148 431m²

LOT 152 400m²

LOT 153 400m²

LOT 154 400m²

400m² LOT 155 400m²

LOT 51 400m²

LOT 171 473m²

LOT 29 400m²

LOT 159 449m²

LOT 9 700m²

LOT 34 400m²

LOT 8 700m²

LOT 35 400m²

LOT 7 700m²

LOT 36 400m²

LOT 6 700m²

LOT 37 400m²

LOT 5 784m²

LOT 161 LOT 157 400m²

LOT 163 LOT 165 400m² LOT 167 400m² 400m²

LOT 10 700m²

LOT 32 400m²

LOT 38 360m² 400m²

LOT 11 700m²

LOT 33 400m²

LOT 174 416m²

LOT 12 700m²

LOT 30 400m²

LOT 182 400m²

LOT 169 416m²

LOT 158 487m²

LOT 14 700m²

LOT 13 700m²

LOT 31 400m²

LOT 175 416m²

LOT 170 473m²

LOT 156

LOT 160 546m² LOT 52 400m²

LOT 172 LOT 173 473m² 472m²

LOT 15 700m²

LOT 27 400m²

LOT 189 385m²

LOT 176 400m²

LOT 146 410m²

LOT 16 740m²

LOT 26 400m²

LOT 28 400m²

LOT 181 400m²

LOT 178 LOT 177 462m² 453m²

TE AWA

LOT 39 444m²

LOT 162 LOT 164 400m² LOT 166 400m² LOT 168 400m² 400m²

LOT 17 700m²

LOT 25 400m²

LOT 112 400m²

LOT 183 400m²

LOT 179 LOT 180 435m² 419m²

LOT 18 698m²

LOT 22 356m²

LOT 110 400m²

LOT 186 LOT 187 400m² 368m²

LOT 130 447m²

LOT 19 632m²

LOT 21 365m²

LOT 24 400m²

LOT 188 400m²

LOT 20 384m²

LOT 23 400m²

LOT 113 442m²

LOT 185 LOT 184 401m² 401m²

LOT 91 386m²

LOT 97 386m²

LOT 111 400m²

LOT 115 409m² LOT 114 429m²

LOT 125 400m²

LOT 132 416m²

LOT 60 400m² LOT 59 400m²

LOT 134 416m²

LOT 116 410m²

LOT 118 400m²

LOT 127 473m²

LOT 139 416m²

LOT 62 400m²

LOT 119 400m²

LOT 126 401m²

LOT 128 456m²

400m²

LOT 64 400m²

LOT 140 416m²

LOT 124 402m²

LOT 108 400m² LOT 109 371m²

LOT 117 452m²

LOT 90 400m²

LOT 99 404m²

LOT 138

400m²

LOT 63 400m²

LOT 106 400m² LOT 107 400m²

LOT 121 401m²

LOT 89 400m²

LOT 98 400m²

LOT 100 400m²

LOT 120 400m²

LOT 74 400m²

LOT 95 368m² LOT 96 400m²

LOT 101 400m²

LOT 105 400m²

LOT 75 400m²

LOT 73 400m²

LOT 94 368m²

LOT 88 400m²

LOT 4 763m²

LOT 40 400m²

LOT 50 521m²

LOT 49 400m² LOT 48 400m²

LOT 3 700m²

LOT 41 400m² LOT 47 400m² LOT 46 400m²

LOT 45 400m²

LOT 44 146m²

LOT 42 443m² LOT 43 401m²

LOT 2 700m²

LOT 1 789m²

Option 1 Layout in accordance with NCC Te Awa Structure Plan 40m wide drainage line to western boundary 0 20 40 60 80 100m

LOT 10 DP 6055

AF T

LOT 9 DP 6055

29/08/2018 Revision A

Durham Property Investments - concept Scheme Plan

10m wide buffer/ recreational link

LOT 1 DP 6369

LOT 108 725m² LOT 107 400m²

LOT 109 400m²

LOT 106 400m²

LOT 110 400m² LOT 111 400m²

MARAENUI

LOT 189 405m²

LOT 113 400m²

LOT 170 419m²

LOT 161 400m²

LOT 129 400m²

LOT 149 416m²

LOT 134 400m²

LOT 138 400m²

LOT 154 400m²

LOT 60 400m²

LOT 153 445m² LOT 145 400m²

LOT 54 400m²

LOT 144 455m²

LOT 53 400m²

LOT 139 400m²

LOT 146 400m²

LOT 61 400m²

LOT 137 400m²

LOT 147 400m²

LOT 140 400m² LOT 141 400m²

LOT 52 400m²

LOT 142 400m² LOT 143 389m²

LOT 63 400m²

LOT 64 395m²

LOT 35 400m²

LOT 37 400m²

LOT 55 425m² LOT 56 425m²

LOT 51 400m²

LOT 39 400m²

LOT 9 700m²

LOT 58 411m²

LOT 57 426m²

LOT 5 700m²

LOT 43 400m²

LOT 45 400m²

LOT 47 441m²

TE AWA

LOT 4 700m²

LOT 3 700m²

LOT 2 700m²

LOT 46 400m²

> >

LOT 6 700m²

LOT 42 400m²

LOT 48 441m²

LOT 49 444m²

LOT 8 700m²

LOT 7 700m²

LOT 40 400m²

LOT 65 401m²

LOT 44 400m²

LOT 50 445m²

LOT 10 700m²

LOT 67 400m²

LOT 41 400m²

LOT 59 408m²

LOT 12 700m²

LOT 11 700m²

LOT 36 400m²

LOT 66 400m²

LOT 148 416m²

LOT 135 400m²

LOT 155 400m² LOT 151 400m² LOT 152 408m²

LOT 62 424m²

LOT 150 416m²

LOT 68 400m²

LOT 14 700m²

LOT 34 400m²

LOT 73 485m² LOT 72 439m² LOT 71 416m²

LOT 70 400m² LOT 69 400m²

LOT 156 400m²

LOT 133 400m²

LOT 77 404m²

LOT 38 400m²

LOT 157 400m²

700m²

LOT 13 700m²

LOT 33 400m²

LOT 74 424m²

LOT 158 405m²

LOT 80 425m²

LOT 76 405m²

LOT 75 401m²

LOT 81 400m²

LOT 159 395m²

LOT 164 426m²

LOT 132 400m²

LOT 136 400m²

LOT 160 400m²

LOT 163 428m²

LOT 131 400m²

LOT 83 400m² LOT 82 400m²

LOT 162 512m²

LOT 130 400m²

LOT 165 440m²

LOT 128 400m²

LOT 78 400m²

LOT 84 400m²

LOT 16 700m²

LOT 15

LOT 30 400m²

LOT 88 414m²

LOT 32 400m²

LOT 79 411m²

LOT 85 400m²

LOT 166 400m²

LOT 29 400m²

LOT 31 400m²

LOT 86 400m²

LOT 169 400m²

LOT 167 430m²

LOT 127 400m²

LOT 171 401m²

LOT 168 429m²

LOT 90 400m²

LOT 125 400m²

LOT 92 424m²

LOT 87 400m²

LOT 124 400m²

447m²

LOT 17 700m²

LOT 93 439m²

LOT 89 400m²

LOT 174 409m²

LOT 173 413m² LOT 172

LOT 27 400m²

LOT 175 406m²

LOT 122 400m²

LOT 126 400m²

LOT 176 405m²

LOT 121 400m²

LOT 91 400m²

LOT 177 392m²

LOT 119 706m²

LOT 18 745m²

LOT 26 400m²

LOT 98 400m²

LOT 95 406m² LOT 94 415m²

LOT 20 400m²

LOT 25 412m²

LOT 28 400m²

LOT 178 392m²

LOT 21 402m²

LOT 102 402m²

LOT 99 400m²

LOT 96 427m²

LOT 179 431m²

LOT 120 400m²

LOT 22 400m²

LOT 101 401m²

LOT 97 403m²

LOT 181 400m²

LOT 119 400m²

LOT 123 400m²

LOT 183 400m²

LOT 180 438m²

LOT 118 400m²

LOT 185 400m²

LOT 117 400m²

LOT 100 404m²

LOT 182 415m²

LOT 103 415m²

LOT 187 400m²

LOT 184 439m²

LOT 116 400m²

LOT 190 400m²

LOT 23 400m²

LOT 115 400m²

LOT 24 400m²

LOT 188 400m²

LOT 186 422m²

LOT 114 400m²

LOT 192 410m²

LOT 112 400m²

LOT 104 400m²

LOT 191 401m²

LOT 105 400m²

30m wide drainage reserve

LOT 1 526m²

> >

LOT 9 DP 6055

Option 2 Centralised Drainage Reserve and Parkland - 30m wide 0 20 40 60 80 100m

LOT 10 DP 6055

AF T

29/08/2018 Revision A

Durham Property Investments - concept Scheme Plan

AF T DR

29/08/2018

Durham Property Investments - concept Scheme Plan

AF T DR

29/08/2018

Durham Property Investments - concept Scheme Plan

APPENDIX 3 – NCC RESPONSE TO PRE APPLICATION

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Page 53

Jason Kaye From: Sent: To: Cc: Subject:

Paul O'Shaughnessy <Paulo@napier.govt.nz> Wednesday, July 25, 2018 4:35 PM Matthew Holder Robyn Burns; Dean Moriarity; Georgina King; Chris Dolley; Graham Thorp; Gary Schofield; Russell Nettlingham Te Awa- Durham Property Investments

Follow Up Flag: Flag Status:

Follow up Flagged

Hello Matt & apologies for the delayed reply. The concept plan has been discussed at length by NCC staff from the Infrastructure, Resource Consents & City Development (Policy & Urban Design) Teams & the following is a potted summary of those discussions: 

Of most significance is that Council have little appetite at this early stage for any change to the operative storm water designation D172



Any variation to this designation will require prior support & approval from NCC Infrastructure based largely upon evidence that a suitable SW reticulation alternative can be achieved that does not compromise any site within the Te Awa Structure Plan Area



Urban design feedback received from Councils Urban Design Lead identifies significant deficiencies with desired design outcomes for Option 2



Urban design concerns revolve around poor connectivity & walkability within the development, poor dwelling orientation in relation to optimal solar access, lack of public access along the central drainage reserve, conflicts between dual purpose of central drainage reserve as both a SW drainage channel & a recreation reserve, lack of overall connectivity of the development with the wider community (I can forward the full text of this advice if required)



It is considered that Option 1 better achieves desired urban design outcomes

I note that that Robyn Burns (Strata Group) has requested a further session with NCC staff for next Wednesday 1 August & I would be interested to know if the above advice changes this timing. Regards & happy to discuss.

Paul O'Shaughnessy TEAM LEADER RESOURCE CONSENTS

Napier City Council, Private Bag 6010, Napier 4142 t +64 6 834 4189 m +64 27 210 0190 www.napier.govt.nz

APPENDIX 4 – TE AWA STRUCTURE PLAN AREA CONTEXT PLAN

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Page 54

CONTEXT PLAN

STAGE 6

DURHAM PROPERTY INVESTMENTS LTD

EN RO

STAGE 3

ERIKS

WIL

KA VE

STAGE 5

WAIMAKARIRI DRIVE

STAGE 2

KENNY ROAD

TLDC LTD STAGE 4

SUMMERSET VILLAGES STAGE 1

100

150

200m

Scale 1:5000 @ A3

XX/XX/201X Revision A [H20XX00XX]

job name - SURROUNDING CONTEXT

APPENDIX 5 – NCC CORRESPONDENCE 15 APRIL 2019

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Page 55

Jason Kaye From: Sent: To: Cc: Subject:

Paul O'Shaughnessy <Paulo@napier.govt.nz> Monday, April 15, 2019 5:11 PM Jason Kaye; Matthew Holder Jason Tickner; Colin Hunt; Bridget Nicholson FW: Initial Feedback on Further Information Response from Durham Properties Te Awa RMS19006 (internal correspondence)

Hello Jason & Matthew & my apologies for this delay in replying to your Section 92 response. Councils engineering asset team has made an assessment in terms of the ‘further information’ response and in their opinion to it fails to adequately address Councils fundamental concerns with the proposal, namely concerns regarding the conflicts with the Code of Practice requirements, issues with gated private communities and public infrastructure, and the fact the development fails to meet the basic requirements of the structure plan. To provide an example, the reasoning for not meeting the structure plan relating to providing public open space and pedestrian linkages is that ‘the specific occupancy group perceive themselves to be more vulnerable to anti-social behaviour and confidence based fraudulent activity’ – It is not considered that this is an ‘effects based’ reason and in no way negates their need to provide the basic open space and pedestrian linkages of the Structure Plan. In essence the advice on the asset based components of the proposal is as follows: 

The proposal does not meet the structure plan and overarching Te Awa Structure Plan Policies.



The Asset owners are not willing to have large scale Council 3 waters infrastructure within a private gated community regardless of easement structure.



The development access widths do not comply with the ECoP for the number of freehold sections.



The number of freehold sections triggers the road to be public infrastructure under the ECoP (and supporting policies) and we are not accepting this as private infrastructure.

Below is some (but not all) supporting District Plan Direction on these matters:

The S92 response does not address these broad and overarching issues, and therefore Council do not accept the S92 response as being sufficient to proceed with assessing the application from the perspective of the asset engineering managers. Council are strongly opposed to the development in its current form and do not agree with your reasoning under the S92 or in the wider application for the proposed waivers to the District Plan (including the ECoP section) and divergences from the Te Awa Structure Plan policy advice. Council would strongly advise that the proposal be reassessed in light of the above concerns and that you do engage early with Council in this process. In the interim the application will remain ‘on-hold’ until these matters are resolved. Regards & happy to discuss.

Paul O'Shaughnessy TEAM LEADER RESOURCE CONSENTS

Napier City Council, Private Bag 6010, Napier 4142 t +64 6 834 4189 m +64 27 210 0190 www.napier.govt.nz

This communication, including any attachments, is confidential. If you are not the intended recipient, please delete it. Thank you. Refer to the Electronic Transactions Act 2002. is communication, including any attachments, is confidential. If you are not the intended recipient, please delete it. Thank you. Refer to the Electronic Transactions Act 2002.

APPENDIX 6 – NCC CORRESPONDENCE 21 JUNE 2019

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Jason Kaye From: Sent: To: Cc: Subject: Attachments:

Paul O'Shaughnessy <Paulo@napier.govt.nz> Friday, June 21, 2019 12:01 PM Matthew Holder Jason Tickner; Colin Hunt; Graham Thorp; Catherine Bayly Willowbank Gated Freehold Development FW: Initial Feedback on Further Information Response from Durham Properties Te Awa RMS19006 (internal correspondence); 07062019124125-0001.pdf

Hello Matt, my apologies to you & your clients for this delayed reply. Below is advice from the NCC Infrastructure Team outlining the concerns that NCC have with regards to the long term implications of this form of development. Council have significant concerns over the long term durability & effectiveness of a corporate body in managing a significant infrastructural asset (i.e. the road & associated infrastructure) into the future. Council are concerned over the potential risk to rate payers if the body corporate is compromised & NCC are lobbied to take over a (possibly) degraded asset with potential & significant deferred maintenance costs to NCC & rate payers. Council have rezoned this area for future residential development & support the development of land within the Te Awa Structure Plan Area which complies with the Code & does not constitute a risk to NCC or ratepayers. In light of the above NCC would welcome a draft set of conditions outlining how the body corporate would function in the long term, in terms of gathering revenue, planning & carrying out maintenance of the asset etc… NCC are also considering obtaining legal advice on the merits of the current application & these draft conditions would I am sure assist in informing this legal review. If draft conditions can provide NCC with confidence as to the long terms effectiveness of a body corporate to manage the ‘road’ & this is backed up with legal advice then the current scheme may well be a realistic option for the site. As it stands, it appears that the only (albeit large) significant sticking point impeding the progression of this scheme is around the status of the ‘road’ & if this issue can be resolved via vesting or a robust corporate body then a positive outcome could be achieved without litigation. In terms of the comments made in your most recent email (below), again I apologise for these delays but would it is considered that it was quite clear from the outset that NCC could not legally allow the ‘gating’ of a public road. I trust this helps & as always we are available to discuss.

Paul O'Shaughnessy TEAM LEADER RESOURCE CONSENTS

Napier City Council, Private Bag 6010, Napier 4142 t +64 6 834 4189 m +64 27 210 0190 www.napier.govt.nz 1

This communication, including any attachments, is confidential. If you are not the intended recipient, please delete it. Thank you. Refer to the Electronic Transactions Act 2002.

As an outcome from our meeting with the Willowbank Road development applicant (Paul and Robert Palmer of Durham Properties) and their agents (Planner – Matthew Holder and Engineer – Russell Nettlingham) we confirmed that we would provide a response to determine a way to move forward with the application. The principle decision is whether or not NCC will grant consent to a large gated freehold community with private roading infrastructure but public (NCC) water and sewer for approximately 180 households. This is the first development of this nature and scale in the city and it raises infrastructure questions around the management and funding of renewals of private infrastructure (the ability for the body corporate to manage and fund maintenance and renewals over the long term 25years +) and conflicts with council owned infrastructure under private roads at this scale. Our principle concerns regarding the development from the Infrastructure perspective relate to long term risk to council and precedent issues. The likely conflicts with the infrastructure team having to maintain, repair and renew large 3 waters infrastructure in a private development, and the uncertainty with body corporate to suitably manage and fund the substantial roading infrastructure in the long term. The issue comes down to the fact the developer will walk away at the end of the development leaving the communal assets with the land owners (typically vested with council if at this scale). If they are do not have an appetite to suitably manage the maintenance of the internal roading infrastructure (including street lighting and power costs, trees, footpaths etc) due to time, cost, lack of interest etc. and taking into consideration that the management will be in perpetuity, then there is risk that in the future council maybe lobbied by the 180 land owners at the time the asset needs renewing to take over these assets. The function of councils is exactly this, the long term maintenance and management of community infrastructure, hence the Code of Practice requiring the road to be vested. The developer however has made it clear that they will fight (i.e. appeal decision to Environment court) to have the community gated due to there being public want for such a gated freehold community according to the developer and therefore potential higher returns at time of sale of the sections The risk to council relates of having to potentially manage/be vested the asset in the future, potential issues with the Body Corporate model and is effectiveness in the long term asset management, and precedent potential. Granting of this consent may trigger other similar large scale gated freehold developments (if the sections are sold at a premium due to the perceived safety and prestige element this is likely to trigger other similar applications in my opinion) and this would only further exacerbate the risk to the councils infrastructure department in the long term. It would also require a potential large input of time and expense for Council to monitor the body corporate(s) managing these residential estates to ensure the internal infrastructure is suitably maintained for the residents. This is a long term risk to council. 2

As mentioned, careful consideration should be given to the long term management of the body corporate and its ability to remain relevant and collect and secure a large amount revenue for the road infrastructure renewal when the road requires resealing (every 20-25 years approx). Street lights and power charges, tree maintenance, footpath replacement, etc will all fall to the responsibility of the body corporate to manage and council to monitor. Our preference is for the road to be public and this will allow council to manage the asset for the current and future residents in perpetuity, however making the road public will not allow the development to be gated. The other infrastructure issues that were raised from earlier correspondence are in bold below. Further assessment based on the further information received from the developer is as follows: 1)

The proposal does not meet the structure plan and overarching Te Awa Structure Plan Policies. Although I stand by my initial comment that the development does not meet the structure plan in regard to providing a public off road walkway through the development, the proposal does show an alternative route around the development. My opinion from a planners perspective is that this route would still meet the outcome (13) of the structure plan.

2) Asset owners not wanting new 3 waters asset of this scale in a private gated community This is due to the issue of access and maintenance, and potential conflicts/disagreements regarding the finish of the private roading /berms etc when work is required to be undertaken to the water network. This is an issue for the management of NCC infrastructure but it is considered that the decision maker will see these as minor matters and will confirm that the Easement In Gross over the access is sufficient to ensure legal 24 hour access and can the easement can outline these matters of responsibility with undertaking works in the easement. We do have large council infrastructure secured under easements in gross around the city and however this proposal does differs in that it will be a whole 3 waters infrastructure for a residential area under easement in gross. 3) Road Widths not meeting Engineering Code of Practice The proposed plan (attached) has widened the necessary roads to meet code according to the applicant. Detailed plans are needed to show complying cross sections. The width of the road to meet code would also need to be conditioned. Although it may be a private road if the developers proposal is accepted, the roads still need to meet our minimum standards to ensure traffic safety, efficient and effective transportation, and ensure the legal width is suitable for all the services, parking access lane, emergency vehicles, amenity trees etc. If these matters are resolved and the proposal can meet code widths (which appears to be the case) then this specific matter is resolved. It is noted (and repeated by the developer) that these development have been consented in Tauranga, and a smaller (60 lot) development in Hastings, but conditioned to be managed under the Retirement Villages Act by a in house manager, and with age minimums. The Hastings example (Greenstone Developments) is quite different to the Willowbank proposal in my opinion and more closely resembles a freehold retirement village (and is registered in such a manner). We could propose a model more closely aligned with this Hastings example and utilise the conditions of their consent as our basis if we are to grant? In summary, the Infrastructure Service team are still of the opinion that the privatising of the road will have the potential to create long term issues and risks for Council, and the mitigation proposed (body Corporate management) may not resolve or will be time consuming and costly for council to monitor in perpetuity. If however the planning team in its assessment of effects and Objectives and Policies of the plan are comfortable that the mitigation proposed is sufficient to warrant the effects minor, then we will want strong, clear conditions on the development (with ongoing conditions around the body corporate to become consent notices) and that this will require specific and on-going monitoring by the Planning department in perpetuity to ensure the internal private infrastructure is suitably maintained. We would also require the Body Corporate to be managed or directed external 3rd party with Asset Management experience, and require an asset lifecycle and funding plan before issuing title. I have real concerns that this will not be undertaken now or in the next 10, 20 ,50 ,100+ years which this development will stand and we would be consenting.

This communication, including any attachments, is confidential. If you are not the intended recipient, please delete it. Thank you. Refer to the Electronic Transactions Act 2002.

APPENDIX 7 – FIRST NCC s95A DECISION

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Planner :

Rebecca Sutton

Report on Resource Consent Application No. RMS19006 Applicant:

Durham Property Investments Limited

Site Address/es:

16 Willowbank Avenue, Te Awa 38 Willowbank Avenue, Te Awa

Mailing Address:

Development Nous Ltd Attn: Jason Kaye PO Box 385 HASTINGS 4156

Legal Description/s:

16 Willowbank Avenue Record of Title HBG2/863 Lot 1 DP 14417 4.5526 ha 38 Willowbank Avenue Record of Title 420376 Lot 2 DP 14417 9.2648 ha Total ‘Site’ Area: 13.8174ha

Zone:

Main Residential Te Awa Structure Plan Area (Stage 5)

Additional Limitations:

Designation/s D171 – Proposed Road Napier City Council (Requiring Authority) D172 – Proposed Stormwater Drainage Napier City Council (Requiring Authority) Noise Boundary Willowbank Applies to western boundary Road Hierarchy Willowbank Avenue Collector Road

Eriksen Avenue Local Road Hazard/s 1:50 year Flood Hazard High liquefaction vulnerability Applies To:

The development of a staged, 192 lot residential subdivision on the subject site, inclusive of: - Establishment of 19 fee simple lots fronting to Eriksen Road (Stage 1); - Establishment of 173 fee simple lots (164 residential lots, 8 reserve lots and 1 car-parking lot) as Stages 2-9; - A staged multi-unit consent with associated development condition infringements (Stages 2 – 9); - Access related code of practice infringements (vehicle crossing in excess of 6 metres in width and retention of roads as private rather than vested); - Subdivision of land, land disturbance and change in use of land known to have had HAIL activities undertaken on it.

Site Visit:

Monday 16 September 2019

Subject Site/s:

Planning Report 1.0

Site and Locality The subject site is comprised of two adjacent, individual land parcels of 4.5526ha and 9.2648ha respectively – comprising a total site area of 13.8174ha. The subject site is bounded to the west by Willowbank Avenue and to the east by Eriksen Road. The northern and southern boundaries of the site are adjacent to privately owned properties. Overall, the topography of the site is essentially level. There is an existing dwelling located adjacent to the northern boundary of 16 Willowbank Avenue. The use of this dwelling by the current occupier is protected by way of legal agreement and as such, the application material states that the detailed design for the proposed swale is to incorporate any necessary bridging structure required to retain access to this dwelling. The existing structures located on 38 Willowbank Avenue are to be removed. The site is currently in pasture, however is known to have had a range of agricultural activities undertaken on it previously; including market gardening, pastoral farming and orchard activities. The wider locale to the west of the subject site (across Willowbank Avenue) comprises the established residential suburb of Maraenui; whereas the environs to the south and east of the subject site are incorporated within the Te Awa Structure Plan Area. This area is subject to transformational change, with the dominant rural and productive land use being developed into high to medium density residential development in accordance with the direction afforded under the Structure Plan. This change is evidenced through the current land modification and building works occurring in the vicinity of the subject site, as well as acknowledgement of a number of approved but not as yet implemented consents; and resource consents in the processing phase which are applicable to a number of sites in the surrounding locale.

2.0

Proposal The proposed development is to establish a 192 lot residential subdivision across 9 stages, and to undertake the associated earthworks and site infrastructure to enable this development. It is noted that consent is also sought for a concurrent multi-unit development for Stages 2 – 9 to allow the construction of dwellings to occur on the site prior to the issue of the Records of Title for individual lots. In particular, the applicant has stated that the residential lots are to be targeted to ‘retired occupiers, over the age of 55’ with each home to be located on a separate title (as identified on the submitted scheme plan). There is to be no managed, personal care element available for occupiers. Stages 2 – 9 of the development form the basis for the ‘lifestyle village’ with the access roads proposed to be retained in private entity ownership. This will to allow for the imposition of gates at the two vehicle entrances to control/restrict access.

2.1

Subdivision Specifically, the 9 stages of the subdivision are described as follows: Stage 1 The establishment of 19 residential lots, within Stages 1A, 1B and 1C (comprised of 7, 8 and 4 lots respectively). These sites will comprise total land areas of between 632m 2 and 789m2 and each of these properties are to have direct access to the carriageway of Eriksen Road by individual vehicle crossings.

This stage is not contained within the ‘lifestyle village’ component of the proposal and is also excluded from the multi-unit consent that has been applied for concurrently to the subdivision application. Stages 2 - 9 Proposed stages 2 – 9 comprise the extent of the proposed gated community which is a total of 173 lots (164 residential lots) and are to be marketed to the aged 55+ retirees as a ‘lifestyle village’ that caters to the required ‘perception of safety’1 that this age group seeks. The development of lots within each stage is detailed as follows:

2.2

Stage

Residential Lots

Reserves

1 (Lot 305)

3 (Lots 301, 306 and 302)

2 (Lots 307 and 303)

2 (Lots 308 and 304)

15 (Lot 24 to be utilised for parking)

TOTAL

164

Reserves The proposal has been subject to modification with regard to the provision of reserves since the initial lodgement of the application. Initially, the development proposed the establishment of four ‘pocket parks’ (Lots 301, 302, 303 and 304 – 508m2, 194m2, 194m2, 194m2 respectively) which provided for gated access to the storm water drainage reserves (Lots abutting the western and southern site boundaries). Subsequent to discussions between the applicant and Council, the southern pocket park (Lot 301) was increased in size to 2059m2 by including Lots 48 – 51 as ‘reserve’. This is to be vested to Council in conjunction with the western and southern storm water reserve (Lots 305, 306, 307 and 308 - comprising 31208m2 across stages 2, 3, 4 and 7). As a result, the proposed fencing of around Lot 301 is to traverse the western, northern and eastern boundaries – i.e. will be provided outside of the ‘gated community’ to allow for unimpeded public entry into this space. The remaining pocket parks (Lots 302, 303 and 304) are to remain as originally proposed, and as such will be included within the ‘gated’ area of the development (fencing to traverse the western extent of these parks). Therefore, while they will provide a degree of amenity and connection to the proposed reserve for the residents, their main purpose will be as a drainage corridor/storm water overland flow. To summarise, the latest iteration of the proposal with regard to reserves incorporates:

Refer page 7, paragraph 1 of the Assessment of Environmental Effects

Public (to be vested) reserves of 33,267m2 (Lots 301, 305, 306, 307 and 308) Private (to be gated) reserves of 582m2 (Lots 302, 303 and 304).

2.3

Multi-Unit Development The proposal includes the staged, multi-unit development for the 164 dwellings that are proposed to be constructed over Stages 2 – 9. The purpose of this component of the application is to provide for the commencement of construction of dwellings prior to the issue of Records of Title for each of the proposed lots.

2.4

Development Condition Infringements The proposed site sizes and configuration of dwellings leads to a number of infringements to the development conditions, detailed as follows: - The proposed format for single dwellings and duplex buildings demonstrate a roofed area of 186m2, therefore all Lots below 372m2 in area will have a resulting infringement to the 50% site coverage standard (Condition 5.19);

2.5

6 metre open space development control (Condition 5.21) for proposed Lots 21 and 22; Lots 131, 134 and 135 as well as Lot 38 as demonstrated on submitted plan titled ‘6m circle assessment’ prepared by Development Nous, dated 27/03/2019 Revision A.

The proposal does not seek to vest the road as public and the southern vehicle crossing exceeds the maximum width allowance which are infringements to the Code of Practice for Subdivision and Land Development (Condition 5.37)

Earthworks, Land Modification and Contamination The proposal will include land modification as detailed on submitted Plan referenced C005, prepared by Strata Group and title ‘Earthworks Plan’ and comprises: -

cut/excavation of 41,466m3 to undercut the existing ground by 300mm depth; fill of 26481m3 being imported hard-fill from topsoil undercut to top off design fill surface levels; a further 22268m3 of fill to design surface.

These works are being assessed as part of the proposed subdivision and therefore are exempted from the earthworks provisions of the plan pursuant to Rule 52A.8. The proposed works are required to bring the land above the modelled 2% AEP floor level for the Te Awa development area (being RL 11.28). It is noted that achieving this RL will still require a free board of 300mm above the flood level for any dwellings (RL 11.58). The application site is known to have had pastoral farming, market gardening and orchard activities undertaken on it, which are included in the Hazardous Activities and Industries List – HAIL. As a result, the applicant has commissioned a Detailed Site Investigation report for the site, prepared by Development Nous in conjunction with Geo Sciences. This report concludes that that soil contamination within the site boundaries does not exceed the applicable standard in regulation 7 (Section 13 - page 28) and as such, will not generate a threat to human health nor does the land require any remediation works as part of the current application.

2.6 Infrastructure 2.6.1 Access and Roading The proposal includes a network of nine roads, accessed from two entrances to Eriksen Road. The roads have been designed to meet Council’s Code of Practice with regard to width and layout, however to allow for the gating of these roads they are not to be vested with Council. Instead, it is proposed that these roads be retained in private ownership as part of a privately-owned common area that is to be managed by a body corporate. 2.6.2 Water, Wastewater and Storm water Servicing The water, wastewater and stormwater infrastructure to service the proposed subdivision is detailed within the submitted infrastructure report titled ‘Land Development Report’ prepared by Strata Group, and shown on the plans associated with this report. These services are all to be constructed as part of the establishment of the subdivision and are proposed to be vested with Council. In summary: - Water is proposed to be provided from the 200mm diameter main in Eriksen Road, which is proposed to be extended by Council along Eriksen Drive. Within the development, it is proposed to provide a principal DN150 main running along one side of the road with a looped 63mm rider main running back along the opposite side. A series of appropriately sixed feeder branches will be run up each access way to serve the required lots. -

Wastewater services can be provided to the site through the existing gravity and pumping mains in Eriksen Road. The gravity connection is on the eastern side of Eriksen Road and is at adequate depth to extend it along the full length of the road frontage allotments. The remainder of the development would be serviced with two pump stations located beside the swale drain for ease of access. These pump stations are positioned to keep the gravity pipe and chamber depths to a minimum for safety in design considerations. A 100mm sewer pumping main in Eriksen Road could be used to provide a connection for the first pump station, however when the second pump station comes on line, it is likely that the connection point would need to be extended to where it enlarges to a 150mm pumping main some 250m south of the development site. Appropriate easements in gross are proposed to cater for council assets laid in private land.

The proposed storm water system has been designed to convey the development catchment through a piped network to the proposed structure plan swale drain along Western and Southern boundaries. This connects into Te Awa structure plan attenuation pond via the upgraded Cowshed drain swale. The swale drains are located within the 40m wide designation area and would be constructed to the profile determined in the Beca report and the structure plan. The piped network has four discharge points into the swale drain. Three of these are into the Willowbank Road drain and one into the Cowshed Drain. The Eriksen Road allotments are serviced with a 375mm diameter pipe that would discharge into the proposed box culvert under Eriksen Road. The pipes range in size from 300mm to 450mm diameter and the length of each run has been controlled by the outlet invert level to avoid a “bubble-up” system into the open drain network. Storm water design parameters have been taken from NCC CoP 2015; I1.9. Coefficients have been set at 0.55 for all allotments except lots 12-19 of Stage 1 where owing to the potential for higher site coverage (up to 56%) a higher coefficient of 0.65 (‘Town house development’ from NZBC E1/VM1) has been adopted. Roads and reserves have been assigned coefficients of 0.85 and 0.30 respectively. The pipe network has been designed to allow for both a 10% and combined 10/2% AEP events. Rainfall data has been taken from HIRDS V3 with a 2.1 degree increase for expected 2090 climate change. 7

2.6.3 Utility services The Strata Group Report details that power and telecommunications have been laid through to the proposed development site as part of the Eriksen road and Hurunui Road residential development. It is intended to extend these services through the development. Further, Power-Co have been approached to service the site for gas which is to run concurrently with other utilities in proposed trenches.

3.0

Background To allow for a complete understanding of the proposal and the key dates applicable to the application, it is necessary to provide some background/ a timeline for the application, as follows: Date (2019)

Action

21 January

Application received by Council

28 January

S88 Check completed and application formally lodged

22 February

S92 Request for Further Information Issued

15 March

Preliminary S92 response provided

2 April

Official S92 response provided

4.0

Reasons for Consent Resource consent is required for the following reasons:

4.1

Operative City of Napier District Plan 2011 

The proposal is to undertake a residential subdivision and associated multi-unit development that does not comply with the conditions in Rule 5.38 – Development of Land within Structure Plan Areas. This requires consent for a Discretionary activity pursuant to Rule 5.13(1)(g) and Rule 5.38(1).



The proposal includes subdivision and multi-unit development that fails to meet conditions 5.19 – Site Coverage, 5.21 – Open Space and 5.37 - Code of Practice for Subdivision and Land Development. This requires consent for a Restricted Discretionary activity pursuant to Rule 5.12.



The proposal results in a non-compliance with Table C5.7.1 – Non-Public Access (Subdivision and Land Development Requirements) as whilst the proposed widths of the non-public access-ways meet the 8

standards for a public road, these are not to be vested as public roads and will service in excess of 8 residential lots. This requires consent for a Discretionary activity pursuant to Rule and Rule 61.11(1). 4.2

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NESCS) 

In this instance, a detailed site investigation of the piece of land has been submitted as part of the application material which states that the soil contamination on the site does not exceed the applicable standard in regulation 7. On this basis, the application requires consent for a controlled activity pursuant to Clause 9 of the NESCS.

5.0

Notification Assessment

5.1

Public Notification Assessment - Section 95A and 95D Section 95A(3), as ‘Step 1’ states when a consent authority must publicly notify an application. These include circumstances where: (a)

the applicant has requested that the application be publically notified;

(b)

public notification is required under Section 95C;

(c)

the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.

In this instance, mandatory public notification of the application is not required as: The applicant has not requested that the application be publically notified; The applicant has provided the additional information requested in the submitted S92 responses (dated 15 March 2019 and 2 April 2019); and The application is not made jointly with an application to exchange recreation reserve land. Section 95A(5) within ‘Step 2’ details the necessary criteria when public notification of the proposal is precluded. This is where: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification: (b)

the application is for a resource consent for 1 or more of the following, but no other, activities: (i)

a controlled activity:

(ii)

a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity:

(iii)

a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity:

(iv) a prescribed activity (see section 360H(1)(a)(i)).

In this instance, the proposal is considered to be precluded from public notification for the following reasons: - The application requires consent for a controlled activity under the NESCS which is precluded from notification (95A(b)(i)); and -

The application is for a discretionary activity resource consent to subdivide the land and to undertake residential activities (multi-unit consent) (95A(b)(ii)).

Notwithstanding whether S95A(4) precluded public notification of the application, Section 95A(9) states that a Council must notify an application for resource consent if it considers that special circumstances exist in relation to an application. This assessment follows: 9

5.2

Special Circumstances The Court of Appeal has defined ‘special circumstances’ as those that are unusual or exceptional, but they may be less than extraordinary or unique (Peninsula Watchdog Group (Inc) v Minister of Energy [1996] 2 NZLR 529). The purpose of consideration of special circumstances is to look to matters that fall beyond the matters addressed in the District Plan, with a focus on the overall intent and purpose of the Resource Management Act, being to manage 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’. The current application seeks to establish a ‘lifestyle village’ comprising a total of 164 residential dwellings (along with 3 controlled access reserves and one onsite vehicle parking ‘Lot’) to be occupied by persons aged 55+ years. This village is to be accessed by a network of non-public access-ways (to be built to Code of Practice standards for public roads) to allow for the provision of gates at the two, ‘public’ vehicle entrances proposed for the site. The assessment of environmental effects submitted as part of the application material details: The 168 lots of stages 2 – 9 will be developed to create a managed lifestyle village targeted at occupiers over the age of 55, with controlled access in the form of entrance gates. The controlled access prevents the internal access network from being vested with the Council as road but is necessary for the character of development and resulting perception of safety that is desired by the target demographic. Individual titles are proposed for all of the lots within the residential village, which will be linked to an incorporated society entity controlling the common area throughout the development. For clarity, the structure will not be a unit title development.

And the submitted Section 92 response re-iterated: ‘The specific occupancy group perceive themselves to be more vulnerable to anti-social behaviour and confidence based fraudulent activity. It is not intended that the site is available as an open public route.’

Various articles located on ResearchGate, ScienceDirect and JSTOR on-line resources (list available on request) 10

a contribution to social inequality.

In terms of assessment of the current application, being 164 dwellings within a gated community; I consider that this represents a type of development that is not anticipated within the Napier City area and as such, makes notification of the proposal desirable. It may be that the people of Napier would like to see this change in character for future development; or indeed support the provision of additional choice with regard to residential developments. However, the potential for adverse effects and the resultant precedent effect that such an application may represent is of sufficient gravity to warrant consultation of the wider community. 5.2.2 Resilient Development Considerations The proposed design of the development with regard to access arrangements is not considered to model the principals of resilient development, particularly given that Hawkes Bay and in particular Napier, is subject to a number of natural hazards that would require un-delayed evacuation i.e. tsunami. It is noted that the gated development is to be accessed by only two vehicle entrances; both to the east onto Eriksen Road, being closer to the coastal environment. The provision of pedestrian egress is available from only three access-controlled gates to the west, with the remainder of the western boundary to be fenced. It is considered that the access from the site would restrict mass evacuation in a manner that has the potential to result in obvious detrimental effects for the occupants of such a development. Further, the applicant has stated that emergency vehicles (fire, police, ambulance) will not be restricted with regard to entry. However, no further detail has been forthcoming about how such access arrangements would work in practice. In the event that such services are required by persons residing within the village, timeliness of entry would be considered of primary importance. As such, further comment from representatives of these life-preserving services is considered warranted in this instance. 5.2.3 Asset-Owner Infrastructure Considerations The current proposal seeks to vest all water, wastewater and storm water infrastructure within the privately owned road, with ‘appropriate easements in gross proposed to cater for Council assets laid in private land’3. This type of arrangement for servicing gives rise to a number of concerns for Council as ‘asset owners’ rather than as the ‘consenting authority’. To this end, the application material has been forwarded to Mr Jon Kingsford – Director Infrastructure Services for review and he comments as follows:

It is accepted that NCC has a number of services located in easement across the city, some of which serve multiple lots and sit in private access lots (generally to a maximum of 8 sites as per the Engineering Code of Practice). However the Willowbank development is proposing a large private gated community with some 164 sites/households.

It is the positon of the Infrastructure Services directorate that NCC will not inherit the three water services beyond the boundary and into this private development (unless mandated). This has the high likelihood to create a number of long term issues around operation, maintenance and renewal and is not something we would entertain or want replicated in the city.

The position we hold is that the three waters infrastructure in a development of this scale needs to all sit with NCC land ownership (or all in private ownership). If the decision is to grant the development under the private roading ownership model, NCC would only provide and manage services ‘to the gate’ (i.e. to the entrance to the development from Eriksen Road). Unless there is specific legal mandate to do otherwise.

Risk, cost and complications with owning, managing, maintaining and renewing a large 3 waters infrastructure network under a private road is not something we agree from an infrastructure management perspective nor do we see as a plausible long term solution.

Section 6.0 of the Strata Group Report 11

If the decision maker concludes that the development with gated private roads is worthy of consent under the RMA framework, then the three waters infrastructure would all need to be owned and managed by the ‘collective’ (i.e. the body corporate). This would include the requirement to meet the Drinking Water Standards for the infrastructure beyond the gate (internal pipe potable water supply). We strongly recommend that this approach is not taken and the roading and three waters asset is vested with NCC to manage and maintain. We have real concerns around the ability for a large body corporate to manage this infrastructure in perpetuity.

After consideration of these comments, it is considered that the proposed ownership model of the roading network results in infrastructure matters that make the notification of the proposal desirable. 5.2.4 Conclusion with regard to Special Circumstances In Murray v Whakatane DC [1997] NZRMA 433, Elias J stated that circumstances which are “special” will be those which make notification desirable, notwithstanding the general provisions excluding the need for notification. In determining what may amount to “special circumstances” it is necessary to consider the matters relevant to the merits of the application as a whole, not merely those considerations stipulated in the tests for notification and service. As detailed above, I consider that the wider social and policy effects arising from the current application elevate the application to ‘exceptional’ insofar as it represents an atypical development within the Napier City context, at a neighbourhood scale that has the very real potential to alter the overall approach to residential development within Napier into the future.

6.0

Section 95 Recommendation Based on the presence of special circumstances with regard to the current application, it is my recommendation pursuant to S95A(9) that public notification of the application be undertaken.

Recommended by:

Rebecca Sutton Senior Planner, Resource Consents Date: 05 November 2019

APPENDIX 8 – DRAFT RESIDENTS’ SOCIETY CONSTITUTION

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Jason Kaye From: Sent: To: Cc: Subject: Attachments:

Matthew Holder Tuesday, March 24, 2020 3:24 PM Paul O'Shaughnessy Jason Kaye Te Awa Subdivision. Durham Properties Ltd LCS-107886-624-63-1 Draft Constitution KW mark up 17 March.docx

Dear Paul Please find attached a draft constitution. It is provided on the basis it is a draft and on a and on a without prejudice and confidential basis. In terms of what has been provided we would (as discussed) ask if the notification decision can be revisited. As a priority, we want to get any remaining Council concerns with the condition set and/or updated documents resolved prior to notification (should this occur). We will be working remotely for the entire 4 week Covid-19 directed shutdown/isolation period and available via phone, email and video calling or meetings where required

Constitution Te Awa Residents' Society Incorporated

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CONTENTS 1.

Definitions and Interpretation ............................................................................................... 2

Name and Registered Office ............................................................................................... 5

Objects ................................................................................................................................. 5

Powers ................................................................................................................................. 6

Duties of Society .................................................................................................................. 7

Initial Members..................................................................................................................... 9

Developer as Controlling Member ....................................................................................... 9

Members .............................................................................................................................. 9

Duties of All Members ........................................................................................................ 11

10.

Committee .......................................................................................................................... 15

11.

Manager ............................................................................................................................. 18

12.

Meetings............................................................................................................................. 19

13.

Annual Financial Statement ............................................................................................... 22

14.

Miscellaneous .................................................................................................................... 22

SCHEDULE A: Society Bylaws ...................................................................................................... 25 1.

Introduction ........................................................................................................................ 25

Conduct in Te Awa Development ...................................................................................... 25

Tenant Rules ...................................................................................................................... 28

Pets .................................................................................................................................... 28

Building Appearance and Design Controls ........................................................................ 29

Garden Maintenance ......................................................................................................... 30

Roads ................................................................................................................................. 30

Keys and Access Cards ..................................................................................................... 31

Eviction and Closing the Common Facilities ..................................................................... 31

SCHEDULE B: Covenants ............................................................................................................. 32 SCHEDULE C: Copy of Form of Memorandum of Encumbrance ................................................. 33 SCHEDULE D: Management Agreement ...................................................................................... 34 SCHEDULE E: Te Awa Development Plan ................................................................................... 35 SCHEDULE F: Initial Members ...................................................................................................... 36 SCHEDULE G: Design Controls .................................................................................................... 37

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2 1.

Definitions and Interpretation

1.1

Definitions: In this Constitution, unless the context otherwise requires: Access Lot means any lot which is located in Te Awa Development of which: (a)

its primary function is vehicular access; and

(b)

is owned by the Society.

Act means the Incorporated Societies Act 1908. Annual Financial Statement means the annual financial statement of the Society required to be registered with the Registrar of Incorporated Societies pursuant to section 23 of the Act. Annual Levy means the annual levy payable by each Member in accordance with Rule 9.2. Bank means a registered bank as defined under the Reserve Bank of New Zealand Act 1989. Bylaws means the Society bylaws attached as Schedule A, as amended or added to from time to time, which are incorporated into this Constitution. Committee means the committee members from time to time elected to manage the affairs of the Society pursuant to this Constitution. Common Facilities includes any Common Yards and Access Lots, any other property owned by the Society for the benefit of the Members, and the Reserve Lots where the Society has agreed to take responsibility for. Common Yard means any lot which is located in Te Awa Development of which: (c)

its primary function is recreational use for Members; and

(d)

is owned by the Society.

Constitution means this Constitution of the Society (as amended or added to from time to time), including all the Schedules to this Constitution, which for the avoidance of doubt, includes the Bylaws and the Covenants (as amended or added to from time to time). Controlling Member shall be the party who is named as or from time to time nominated as the Controlling Member under Rule 7. Community Activities means any activities to be situated within Te Awa Development and co-ordinated by the Manager, and run for the benefit of the Owners including, but not limited to, a marketplace outdoor pavilion and community hall (if those facilities are in fact provided).

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3 Covenants means any land covenants registered on an Owner’s Title for the benefit of any other Owner including the Covenants substantially in the form set out in Schedule B, which are incorporated into this Constitution. Default Interest Rate means the higher of: (a)

12% pa; or

(b)

a rate which is 4% pa greater than the 90-day bank buy bill rate published in metropolitan newspapers for the first Working Day of each month.

Design Controls means the plans and specifications for dwellings and the landscaping of yards in Te Awa Development as attached as Schedule G and may be amended by the Committee from time to time. Developer means [TBC] Limited, or its nominee, transferees or assigns. Encumbrance means the memorandum of encumbrance substantially in the form set out in Schedule C to be registered against the Residential Lots. Financial Year means each 12-month period commencing on 1 April and ending on 31 March, or such other 12-month period as the Committee from time to time sets provided that the first financial year shall be the period starting on the date of Incorporation of the Society and ending on 31 March; Initial Member means the persons set out in Schedule F. Invitee means any invitee of or any visitor to an Owner or Occupier. Levy means an Annual Levy or a Special Levy. Manager means the manager of the Society appointed pursuant to Rule 11. Member means a member of the Society (of any category), whose membership arises from being an Owner. Occupier means any natural person permanently residing in a dwelling built on a Residential Lot either as: (i)

An Owner; or

(ii)

A member of the Owner’s family; or

(iii)

A tenant, boarder or holder of another occupancy right.

Operating Expenses means the total sum of all rates, taxes, costs and expenses of the Society properly or reasonably assessed or assessable, paid or payable, or otherwise incurred in respect of the operation of the Society (including, without limitation, any fees or expense under the Management Agreement).

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4 Owner means a registered proprietor or proprietors from time to time of a Residential Lot in Te Awa Development. Owner’s Title means an Owner’s record of title with respect to a Residential Lot in Te Awa Development. Relevant Authority means any government, local territorial authority, statutory or nonstatutory authority or body having jurisdiction over Te Awa Development or any part thereof. Register has the meaning given in Rule 5.3. Registrar means the Registrar of Incorporated Societies. Reserve Lots means any lot vested in the Relevant Authority as a recreation reserve, or for another similar purpose, within Te Awa Development, including drainage corridors/reserves. Residential Lots means any lot which is in Te Awa Development for which a separate record of title (including, without limitation, fee simple or unit title) has issued and has been fully developed as a residential property. Society means Te Awa Residents’ Society Incorporated. Special Levy means a levy payable by each Member in accordance with Rule 10.19. Special Resolution means a resolution of the Society in general meeting passed by a majority of not less than [66%/75%] of the Members (including the Controlling Member, if any) entitled to vote in person or by proxy on the question. Te Awa Development means the residential development of certain lands into the Residential Lots, Reserve Lots, Access Lots, Common Yards and roads in the residential development called “[Te Awa Development]” at [Napier] and includes any further lots owned or acquired by [TBC] Limited (now or in the future) to be included in that development. A concept plan of the development is attached as Schedule E to this Constitution. Working Day means a day (other than a Saturday or Sunday or Public Holiday) on which Banks are customarily open for general banking business in [Napier] 1.2

Interpretation: In this Constitution, unless the context otherwise requires: (a)

The plural includes the singular, and vice versa, and words importing any gender include the other genders.

(b)

References to a statute include amendments to that statute, and a statute passed in substitution for that statute, and regulations promulgated under that statute.

(c)

References to sections, Rules and schedules are to those contained in this Constitution.

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(d)

Headings, tables and contents are inserted for convenience only and shall be ignored in construing this Constitution

(e)

References to any document shall include references to such document as amended from time to time, and to any document entered into in replacement or substitution of the other.

(f)

References to any party shall include individuals, companies, entities, trustees of a trust and such party’s administrators, successors and permitted assigns.

(g)

Reference to currency will mean New Zealand dollars exclusive of GST.

(h)

GST will be paid by any party in receipt of a taxable supply in addition of any consideration therefore.

Name and Registered Office

2.1

Name: The name of the Society is “Te Awa Residents’ Society Incorporated”.

2.2

Registered Office: The registered office of the Society shall be c/- [TBC] or such other place as the Committee shall determine from time to time.

Objects

3.1

Objects: The Society is formed to play a key role in preserving the financial and lifestyle interests of the Members in maintaining infrastructure and regulating the common access and other cooperative features of Te Awa Development, and to promote the following objects for the benefit of Members: (a)

The management, maintenance, preservation and enhancement of Te Awa Development as a quality, vibrant, caring and healthy community and neighbourhood;

(b)

To manage, maintain, repair, replace or landscape (as the case may be) the Common Facilities and Reserve Lots and any other areas within Te Awa Development which are necessary, in the opinion of the Society, to maintain the high quality and overall amenity of Te Awa Development;

(c)

The ownership, leasing or control and continued ownership, leasing and control of the Common Facilities by the Society;

(d)

To ensure the proper supply, operation, maintenance, repair, renovation and replacement of the Common Facilities;

(e)

To promulgate and/or enforce the Constitution for the benefit of Members and Te Awa Development generally pursuant to the Constitution and the Society’s rights under the Encumbrance;

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3.2

(f)

To manage the use of the Common Facilities and develop further Common Facilities;

(g)

To maintain the Common Facilities and Te Awa Development generally as a safe, clean and well-presented environment having regard to the age, appearance and aesthetics of Te Awa Development as a whole;

(h)

To manage the full and proper use of the Common Facilities by Members and, where appropriate, members of the public;

(i)

To manage and co-ordinate any Community Activities within Te Awa Development;

(j)

To engage in any other enterprise or activity which the Society considers to be in the interests of the Members;

(k)

To preserve the value and integrity of Te Awa Development;

(l)

To assist, and co-operate with, the Developer to procure completion of Te Awa Development;

(m)

To levy Members for the purpose of meeting the objects set out in this rule 3.1; and

(n)

To do any act or thing incidental or conducive to the attainment of any of the above objects.

Excluded Objects: The Society does not have as an object any of the following: (a)

The pecuniary gain of Member(s), and (subject to Rule 14.3), no Member will be entitled to receive any dividend out of any levy, fee, donation or other income or funds of the Society; or

(b)

The carrying on of trading activities; or

(c)

The carrying on of business for profit.

3.3

Members May Contract: A Member may enter any agreement or understanding with the Society for the supply of any goods or services for such consideration and on such other terms and conditions as would be reasonable if that person were not a member.

Powers

4.1

Powers: Subject to the express terms of this Constitution, and to the Act, the Society shall have all the powers of a natural person.

4.2

Limitations: Notwithstanding Rule 4.1, the Society shall: (a)

hold all moneys of the Society on deposit with a Bank, and shall not otherwise invest any of such moneys;

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(b)

act solely in furtherance of the objects set out in Rule 3.1; and

(c)

not borrow any moneys, other than by way of overdraft facility in order to cover any temporary shortfall in funding.

Duties of Society

5.1

General Duties: The Society shall: (a)

contract with the Manager to fulfil the objects of the Society;

(b)

own, operate, manage and, where applicable lease or let out on hire, the Common Facilities and all improvements located on the Common Facilities;

(c)

ensure the proper use, operation, maintenance, repair, renovation and replacement of the Common Facilities, so as to keep the Common Facilities in good order consistent with standards generally proposed or adopted in superior communal facilities of similar nature, and to prevent them from becoming a danger or nuisance, and undertake such capital improvements as are necessary for this purpose (and each Member agrees and allows the Society (and parties engaged by it) access to the Member’s Residential Lot for the purposes of this Rule and the Society shall make good any damage caused by such access within a reasonable time after completion of any work carried out to give effect to this Rule;

(d)

effect and maintain all insurances as it considers prudent with respect to the Common Facilities, the Society’s affairs and members of the Committee, and will meet all costs of such insurance (which will include all valuations and other professional fees required or deemed desirable for the purposes of such insurances and the cost of certificates relating to such insurances);

(e)

pay all local and government authority rates and other taxes and charges levied on or with respect to the Communal Facilities and shall have all rights granted by law to contest the legality and the amount of those taxes and charges;

(f)

if it considers it prudent, nominate a preferred service contractor (with respect to management, maintenance, security, landscaping or other such services as the Society considers desirable) or a utility supplier (with respect to the supply of utilities to the Common Facilities) as a service contractor (on an exclusive or nonexclusive basis) to Te Awa Development (and any Member wishing to contract for services within Te Awa Development will, where a service contractor has been nominated in respect of those services wherever reasonably possible use that nominated service contractor);

(g)

maintain, repair and renew assets on the Reserve Lots which the Society agrees to take responsibility for;

(h)

maintain, and where necessary, repair or reconstruct all Common Facilities;

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8 (i)

5.2

5.3

maintain, and where required, replace all trees, shrubs and other landscaped areas (including ponds) situated within or adjacent to: (i)

Te Awa Development, which are not the responsibility of any Owner; or

(ii)

Te Awa Development, which in the reasonable opinion of the Committee are not maintained by the Relevant Authority or any Owner to the requisite standard; or

(iii)

a Common Yard; or

(iv)

Access Lots.

(j)

manage and co-ordinate Community Activities;

(k)

levy Members for the purpose of providing funds for and meeting the costs and expenses of fulfilling the Society’s duties;

(l)

promulgate, amend and distribute to Members from time to time the Bylaws governing the use of Residential Lots, Access Lots, Reserve Lots and Common Yards. The first such Bylaws shall be those attached as Schedule A to this Constitution;

(m)

carry out any other duty or activity which is necessary or incidental to any other specific duty contained in this Constitution.

Constitution: The Society shall: (a)

provide copies of the Constitution to Members on request, and answer any enquiries of Members with respect to the Constitution;

(b)

enforce the Constitution, taking such action in this regard both under the Constitution and/or under the Encumbrance, as the Society in its sole and absolute discretion considers appropriate; and

(c)

have the ability to amend the Constitution.

For each Member: the name, occupation, telephone number and email address (if any) and facsimile number (if any) and address of each Member, or if the Member is not a natural person, of a contact person for that Member;

(b)

For each Occupier: the name, occupation, telephone number and email address (if any) and facsimile number (if any) and address of each Occupier;

(c)

the date upon which each Member became a member of the Society;

(d)

where there is more than one Owner of a Residential Lot, which of such Owners is entitled to vote in accordance with Rule 12.11.

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Initial Members

6.1

Initial Members: The Initial Members are those listed in Schedule F.

6.2

No Obligations: Notwithstanding anything in this Constitution, the Initial Members shall have no rights, duties or obligations as Members whether for the payment of any Annual Levy, Special Levy or otherwise.

6.3

Resignation: Each Initial Member shall be deemed to have resigned, without any act required on the Initial Member’s part, at such time as there are 15 Members (not being Initial Members).

6.4

Indemnity: The Society shall indemnify each Initial Member for any liability incurred in respect of their membership to the Society.

Developer as Controlling Member

7.1

Until Te Awa Development is fully completed, the Developer shall be the controlling member of the Society, regardless of whether the Developer is at any time a Member. The Controlling Member shall have only the rights specified in this Constitution, and shall have no other rights, duties or obligations as Members whether for the payment of any Annual Levy, Special Levy or otherwise unless the Controlling Member is also an Owner. Upon Te Awa Development being fully completed, the Developer shall be deemed to have resigned as a Controlling Member, and thereafter there shall be no Controlling Member in respect of the Society.

Members

8.1

Except as provided in Rules 6 and 7: (a)

the number of Members of the Society will be the same as the number of Residential Lots;

(b)

only an Owner may be a Member and each Owner shall be a Member; and

(c)

if there is more than one Owner with respect to any Residential Lot, such Owners shall together be a single Member.

8.2

Owners to Join Society: Upon any person becoming an Owner by virtue of becoming registered as proprietor of a Residential Lot under the Land Transfer Act 2017,), such Owner shall immediately join the Society as a Member, and shall remain a Member in good standing throughout that Owner’s term of ownership of the relevant Residential Lot (as the case may be). Each Owner will on becoming a Member provide the Society with such details as are necessary for maintenance of the Register.

8.3

Subsequent Owners: Each Member shall prior to transferring ownership of any Residential Lot which it owns procure that the purchaser of that Residential Lot (as the case may be) enters into, executes and delivers to the Society a deed of covenant in favour of the Society, wherein the purchaser covenants to become a Member

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10 contemporaneously with the transfer of that Residential Lot, to remain a Member, and to observe and perform the obligations of a Member as set out in this Constitution, the Bylaws and the Covenants. The deed of covenant shall be prepared by the solicitors for the Society, and the selling Member shall pay the reasonable legal fees and disbursements of the Society’s solicitors. Immediately following settlement of any sale of that Residential Lot, the Owner will give notice of the sale (including particulars of the name and address of the purchaser) to the Society. 8.4

Encumbrance: An Encumbrance substantially in the form annexed as Schedule C shall be registered against each Owner’s Title whereby each Owner covenants, for the Owner and the Owner’s successors in title from time to time, that: (a)

upon becoming registered as proprietor of a Residential Lot the Owner will immediately join (and be deemed to join) the Society as a Member; and

(b)

so long as the Owner is registered as proprietor of a Residential Lot (and not otherwise) the Owner will at all times be and remain a Member in good standing of the Society; and

(c)

the Owner will promptly pay all Levies and other proper charges levied by the Society in respect of the Owner’s Residential Lot; and

(d)

the Owner will be bound by and will comply with the Constitution.

8.5

Effect of Resignation: A Member may only resign, and shall be deemed to resign, without any act required on the Member’s part, immediately upon the Member ceasing to be an Owner. Notwithstanding the resignation of a Member the Member shall remain liable to the Society of any outstanding liabilities to the Society. No Member shall be entitled to any refund of Levies from the Society on resigning as a Member, but may recover the appropriate proportion of the Levies for the remaining financial year of the Society from the incoming Owner acquiring the Members’ Residential Lot.

8.6

Certificate: Any person proposing to take a transfer of a Residential Lot may request, in writing, that the Society provide such person with such a certificate, as at a given date, setting out any liabilities to the Society of the Member proposing to transfer that property.

8.7

Membership not Assignable: Subject to this Rule 8, membership, or any part thereof or any rights arising from membership, held by a Member may not be assigned, provided that: (a)

on the death of a Member, the executor, administrator or trustee of the estate of that Member; and

(b)

in relation to a bankrupt individual Member, the assignee in bankruptcy of that Member;

shall be entitled to exercise all membership rights and privileges and shall be liable to fulfil all obligations of such Member.

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11 8.8

Mortgage of Lot: If a mortgagee at any time gives a certificate to the Society confirming that the mortgagee has validly exercised its powers to enter into possession of a Member’s Residential Lot under a mortgage, then the Society may (but shall be under no obligation to) treat the mortgagee as if the mortgagee were a Member. The Society may, without any liability whatsoever for loss, take and act on advice or information contained in any certificate issued by a mortgagee in terms of this Rule which the Society believes to have been properly issued, even if there is or may be some defect in the advice or information contained in the certificate.

Duties of All Members

9.1

Constitution: Each Member shall comply with the Constitution of the Society, including the Bylaws and the Covenants, which are deemed to be, and form part of, the Constitution.

9.2

Levies: Each Member shall pay the Annual Levy, and any Special Levies, set by the Society from time to time. The Society shall assess the Annual Levy and Special Levies in accordance with Rules 10.17 to 10.19.

9.3

Sale of Residential Lots: Where a Member sells a Residential Lot (Vendor):

9.4

(a)

notwithstanding any other Rule in this Constitution, the Vendor will remain liable for sums owed to the Society by that Vendor;

(b)

the Vendor will continue to be liable as a principal debtor for all indebtedness of the purchaser of the Residential Lot to the Society until such time as the deed of covenant specified in Rule 8.3 is received by the Society; and

(c)

the purchaser of the Residential Lot will be liable as a Member for all indebtedness of the Vendor to the Society in respect of the Residential Lot purchased, and any certificate of the Society given pursuant to Rule 8.6 will be conclusive as to the sum of this indebtedness.

Occupiers and Invitees: A reference in the Constitution to an act or omission by any Member shall include any act or omission by the Occupier of such Member’s property or any mortgagee in possession of that Member’s property, and the Invitees of the Member, such Occupier and such mortgagee in possession, and the Member shall be liable for any such act or omission as if it were the act or omission of the Member, regardless of whether the Society is also entitled to recover in respect of that act or omission against the Occupier or Invitee. Where the Occupier of a Residential Lot is not the Owner of that Residential Lot (Non-Member Occupier), that Owner shall: (a)

advise the Society of such details of the Non-Member Occupiers of the Member’s property as are necessary for the maintenance of the Register;

(b)

ensure that subject to all relevant provisions of the Residential Tenancies Act 1986, the following are provisions of any lease, licence or other document defining the Occupier’s occupancy rights:

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12 (i)

A provision acknowledging that the non-Member Occupier is subject to the obligations, duties and liabilities, but not the rights, of a Member under the Constitution as if the non-Member Occupier were a Member (save for those terms requiring the payment of Levies); and

(ii)

A provision confirming that the provision referred to at Rule 9.4(b)(i) above is inserted for the benefit of the Society and may be enforced by the Society pursuant to the Contract and Commercial Law Act 2017; and

(iii)

A provision entitling the Owner to terminate the Occupier’s rights of occupancy for persistent or material breach of the Constitution after any required notice has been given; and

(iv)

A provision requiring the non-Member Occupier to procure that any subtenant or invitee comply with the Constitution (save for those terms requiring the payment of Levies).

Each Member must take all reasonable steps (including enforcing the terms of any lease, licence or other document defining occupancy rights) to ensure all Occupiers comply with the terms of this Constitution. In any case of persistent or material breach by a NonMember Occupier of this Constitution, the Owner shall on demand by the Society give the required notice of breach to the Occupier and on expiry of that notice without remedy of the breach terminate the Non-Member Occupier’s right to occupy the property. A copy of this Constitution must be attached to every lease, licence or other document defining occupancy rights. Further, each Member shall, if requested by the Society, provide evidence of the Member’s compliance with this Rule. 9.5

Default: Upon any breach or non-observance on a Member’s part (Offending Member) of any of the provisions contained in this Constitution, and without prejudice to any other liability which the Offending Member may have to the Society and any person or persons having the benefit of the Constitution, the Offending Member will upon written demand being made by the Society: (a)

remedy any breach (if capable of remedy) on such terms and conditions as may be imposed by the Society, which may involve being required to remove any vehicle or moveable items, structure or building material erected or placed on the Member’s Residential Lot in breach or non-observance of the terms of the Constitution; and/or

(b)

where damage has been caused by the Offending Member within Te Awa Development, make good such damage.

In addition to any other rights the Society may have, whether under this Constitution or otherwise, where the Offending Members fails to remedy any breach within seven days of notice being given under Rule 9.5(a), the Society may impose upon the Offending Member a reasonable fine in respect of that breach, in any event not to exceed the sum of $100 per day during which the breach continues or $10,000 whichever is the lesser. Any fine imposed under this Rule will be a debt due and owing at law to the Society by the Offending Member.

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13 9.6

Remedies: In addition to any other right and remedies the Society may have: (a)

where such a breach or non-observance described in Rule 9.5 continues for seven days after written notice is given by the Society to the Offending Member to remedy the breach, the Society may do anything, including paying money, necessary to remedy that breach or non-observance. The Society, its employees, officers, agents and contractors shall be entitled upon the giving of reasonable notice and during normal business hours to enter onto any Lot for the purpose of exercising this power and, without limitation, shall be entitled to remove any vehicle or moveable items, structure or building material erected or placed on the Member’s Residential Lot in breach or non-observance of the terms of the Constitution. The costs of any action taken by the Society under this Rule shall be borne by the Offending Member;

(b)

if the Offending Member has failed to pay any money owing to the Society within 30 days of the date of written notice being given making demand for that sum, the Society may pursue any processes of debt collection as the Society deems fit and proper and the amount of the debt plus the costs of debt collection shall be borne by the Offending Member;

(c)

if any money owing to the Society by a Member is in arrears and unpaid for 14 days after the due date for payment the Member shall pay interest on the amount unpaid at the Default Interest Rate calculated with daily rests from the due date to the date of payment; and

(d)

if any money owing to the Society by a Member is in arrears and unpaid for 30 days after the due date for payment, the amount due and owing shall be a charge against the Offending Member’s Owner’s Title, and the Offending Member shall grant on demand a registrable mortgage to the Society to secure that charge.

9.7

Parking Violations: Notwithstanding Rule 9.6(a), if the written notice by the Society relates to a vehicle which is parked in contravention of the Covenants, and the Offending Member breaches the same provision of the Covenants again, whether with the same or a different vehicle, the Society may forthwith arrange for the vehicle to be towed at the Offending Member’s cost without being required to give further notice or wait seven days.

9.8

Indemnity: Each Member will indemnify the Society against any loss, claim, damage, expense, liability or proceeding (including solicitor-client costs) suffered or incurred at any time by the Society as a direct or indirect result of any breach of any of that Member’s obligations contained or implied in this Constitution.

9.9

Staged Development: The Members acknowledge that Te Awa Development is to be developed in stages, with new Owners becoming Members as each stage is completed.

9.10

No Objections to Development: Each Member acknowledges and confirms, as an independent acknowledgement and confirmation intended to be enforceable by the Developer, that the Member shall not object or take steps to object to any of the Developer’s applications for consents and approvals required by the Developer for Te Awa Development or necessary to facilitate the Developer’s development plans, nor shall

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14 any Member permit anyone claiming an interest through or on behalf of or at the instruction of such Member to so object or take any such steps to object. 9.11

Use of Common Facilities by Members and Occupiers: Subject to any provision to the contrary in this Constitution, each Member and Occupier will be entitled to use the Common Facilities for the proper purposes for which they were designed.

9.12

Use of Common Facilities by Invitees: A maximum of four (4) invitees per Residential Lot will be entitled to use the Common Facilities at any one time, unless the prior consent of the Manager is obtained.

9.13

Designated Use of Common Facilities: The Society may from time to time determine that: (a)

Some or all of the Common Facilities (Designated Facilities) are to be available for the use by one or more of the Members (Designated Members) and by Occupiers of those Designated Members and their Invitees, where such Residential Lots are located within one or more discrete areas within Te Awa Development and have common interests by reason of their proximity, use, size and/or demand on the Common Facilities; and

(b)

Other Members (Non-Designated Members) and their Occupiers and Invitees are not entitled to use those Designated Facilities. And in those circumstances Designated Facilities will only be available for use by Designated Members and their Occupiers and Invitees.

9.14

User Charges for Use: The Society will be entitled to set a user fee or charge for persons who wish to use any of the Common Facilities for private purposes (such as a wedding) or for commercial use. The Manager will collect or arrange for the collection of the user fees and charges on behalf of the Society and these will be paid into the Society’s bank account and will form part of its general assets provided that the Developer (for such time as the Developer is the Controlling Member) and Manager will be entitled to use the Common Facilities at any time and invite any number of guests to view or use the Common Facilities and will not be required to pay any user fees and charges.

9.15

Restrictions and Reservations: The Society will be entitled to refuse any person (including a Member) access to the Common Facilities if in its sole discretion it considers that: (a)

The Common Facilities are at or near full capacity;

(b)

To do so is in the interests of safety; or

(c)

Admittance of any further persons would interfere with the use and enjoyment of the Common Facilities by Members and Occupiers using the Common Facilities at that time.

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15 9.16

No Warranty as to Capacity: The Society makes no warranty as to the availability and capacity of the Common Facilities or their suitability for use as recreational facilities.

9.17

Ownership of the Common Facilities: From the date that the ownership of any of the Common Facilities is transferred to the Society, the Developer will not be responsible for them.

10.

Committee

10.1

Powers: The administration of the Society and its powers and duties shall be vested in the Committee, subject to any powers, authorities and discretions reserved in this Constitution to the Society in meeting. The powers, authorities and discretions as exercised by the Committee are subject always to any limits which may from time to time be imposed by the Society in meeting.

10.2

Bank Account: The Society shall establish a bank account in the name of the Society at a New Zealand trading bank for the deposit of Society funds and the payment of accounts authorised by the Committee prior to payment. Any drawings on that account (including any cheque drawn on that account) shall be made only under the signature of the chairperson or the treasurer/secretary plus one other Committee member.

10.3

Documents: All documents requiring execution on behalf of the Society must be signed by the chairperson, or under the common seal of the Society, in each case in accordance with a resolution of the Committee. The Committee shall obtain, and provide for the safe custody of, a common seal for the Society. Any document to which the common seal is affixed shall be signed by two Members of the Committee, or the Controlling Member (if there is one).

10.4

Composition: Subject to Rule 10.5, the Committee shall comprise the following persons: (a)

A chairperson;

(b)

a treasurer/secretary; and

(c)

a minimum of [three] and a maximum of [seven] general Committee members (Committee Members) or such other number of general Committee Members as determined by the Society in general meeting, before election of the Committee Member.

10.5

Committee Members: Until the first annual general meeting, the Committee shall comprise the treasurer/secretary who shall be the Manager, and the chairperson who shall be the Controlling Member. The Controlling Member shall also be a general Committee Member. Thereafter, subject to Rule 10.9, the balance of the Committee shall be elected by the Society at each annual general meeting to hold office until the next annual general meeting.

10.6

Retirement: A Committee Member shall hold their position until the earlier of: (a)

the election of Committee Members at the next annual general meeting (when a Committee Member shall be eligible for re-election);

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(b)

the date that a Committee Member gives written notice of resignation to the Society;

(c)

the date of removal from such position in accordance with Rule 10.7;

(d)

the date of cessation of Membership; or

(e)

the death of the Committee Member.

10.7

Removal: A Committee Member may be removed before the expiration of his or her term of office, by resolution of a special meeting of Members, which resolution may also appoint a replacement Committee Member.

10.8

Vacancy: In the event of a casual vacancy in any position on the Committee (whether caused by death, cessation of membership from the Society, or some other means), the remaining Committee Members may (by majority vote, and irrespective of whether they constitute a quorum), appoint another Member to fill the vacancy until the position is filled by the Society in general meeting.

10.9

Manager and Controlling Member: Notwithstanding any other Rule in this Constitution, the Manager shall remain as treasurer/secretary, and the Controlling Member (if there is one) shall remain as a general Committee Member for so long as they remain Manager and Controlling Member respectively, and the Society shall not be entitled to remove either from those positions for any reason whatsoever.

10.10 Proceedings: The Committee may meet together, adjourn and otherwise regulate its meetings and procedures for conducting its business as it thinks fit. Subject to the provisions of Rule 10.8, no business of the Committee shall be conducted at any time when less than a quorum is present at the same time and place. The Committee may meet at any time and the treasurer/secretary shall, upon the request of any Committee Member, convene a meeting of the Committee. 10.11 Chairperson: The Committee from time to time shall appoint a chairperson for such term as it sees fit from one of their number to chair Committee meetings and otherwise exercise the powers of the chairperson set out in this Constitution. The Committee may remove and replace a chairperson. 10.12 Quorum: The quorum necessary for the transaction of the business of the Committee may be fixed by the Committee and unless so fixed shall be three if there is six or fewer Committee Members and four otherwise. If the number of Committee Members is reduced below the number which would constitute a quorum the remaining Committee Members may act for the purpose of increasing the number of Committee Members to that number or of summoning a general meeting of the Society but for no other purpose. Notwithstanding any other provision of this Constitution, no quorum shall be established unless the Controlling Member (if there is one) is present. 10.13 Voting: Each Committee Member shall be entitled to exercise one vote and all matters shall be determined by simple majority of votes, provided that the Controlling Member (if there is one) shall be entitled to exercise a number of votes equal to one more than the

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17 number of other Committee Members present at any Committee meeting. In the case of equality of votes the matter shall be referred to a general meeting of the Society for a decision. Notwithstanding any contrary provision in this Constitution, a resolution in writing signed by such of the Committee Members as would constitute a quorum at a Committee meeting shall be as valid and effectual as if it had been passed at a meeting of the Committee duly convened and constituted. 10.14 Validity: All acts properly done by any meeting of the Committee or by any person acting as a Committee Member, notwithstanding that it may afterwards be discovered that there was some defect in the appointment or continuance in office of any such Committee Member, or that they were disqualified, shall be as valid as if every such person had been duly appointed or had duly continued in office and was qualified to be a Committee Member. 10.15 Minutes: The treasurer/secretary shall cause proper minutes to be kept of the proceedings of all meetings and all meetings of the Committee. All business transacted at such meetings signed by the chairperson shall be accepted as a correct and accurate record of the business transacted at such meetings without any further proof of the facts contained in such minutes. 10.16 Budget: The Committee shall prepare annual accounts from all receipts of actual Operating Expenses for the preceding Financial Year and an estimate for the next Financial Year, both of which shall be made available to Members as soon as is reasonable thereafter. 10.17 Annual Levy: The Annual Levy for each category of Member shall be an equal share, or such other share as the Committee shall deem fair and reasonable from time to time, of the estimated Operating Expenses for that Financial Year arising out of the Society’s expenditure on all general items within Te Awa Development. As soon as reasonably practicable after the commencement of the Financial Year, the Committee shall give written notice to each Member of the Annual Levy for the current year, and the due date for payment of the Annual Levy. 10.18 New Residential Lots Levies: Notwithstanding that in any Financial Year new Residential Lots may be created and new Members may join in accordance with Rules 8 and 9 (New Members), the Annual Levy for that Financial Year will not be reviewed or reallocated. However, the Society will levy any New Member an amount which is equal to a pro rata share of the Annual Levy of existing Members in the same category as the New Member, or such other amount as the Committee shall deem fair and reasonable from time to time for a New Member. 10.19 Special Levies: In the event the Annual Levy is inadequate for the costs and liabilities of the Society in any Financial Year the Committee may from time to time fix such Special Levies as the Society considers are necessary for the Society to meet its obligations under this Constitution. 10.20 Surplus Funds: Any surplus funds from any calendar year shall be carried forward as a credit toward the following year’s budget. 10.21 Duties of the Treasurer/Secretary: The treasurer/secretary shall:

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(a)

convene meetings when requested to do so in accordance with this Constitution;

(b)

give all notices required to be given by this Constitution or as directed from time to time by the Society or the Committee;

(c)

keep minutes at all meetings and Committee meetings which shall be made available for inspection by any Member on request at any reasonable time and enter into the minute books: (i)

the time, date and venue of such meeting;

(ii)

the details of any postal votes validly received and cast at such meeting; and

(iii)

all business considered and resolutions passed at such meeting.

(d)

hold in safe custody the common seal of the Society;

(e)

receive, and issue receipts for, all Annual Levies, Special Levies, and any other moneys paid to the Society;

(f)

operate and maintain a bank account in the name of the Society;

(g)

pay all accounts properly incurred by or on behalf of the Society;

(h)

report immediately to the Society any Member who fails to pay Annual Levies or Special Levies within a prescribed period;

(i)

keep all financial records;

(j)

compile all proper accounting records from time to time as required by the Act or by the Committee; and

(k)

compile the Annual Financial Statement and provide for the auditing of the accounting records of the Society and the distribution of the Annual Financial Statement to Members.

11.

Manager

11.1

First Manager: The first Manager will be [TBC], which shall manage the Society in accordance with the Management Agreement substantially in the form attached as Schedule D to this Constitution. On expiry of the Management Agreement, a new Manager will be appointed by the Committee under Rule 11.2.

11.2

Duties: Subject to Rule 11.1, the Committee must appoint, remove and replace a Manager from time to time to carry out such of the obligations of the Society, and exercise such of the discretions and powers of the Society, as specified in this Constitution and otherwise as the Committee sees fit.

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19 12.

Meetings

12.1

Annual General Meeting: The annual general meeting shall, in addition to any other meetings, be held at least once in every calendar year and not more than 15 months after the holding of the last preceding annual general meeting on such day as the Committee determines. The first annual general meeting shall be held within 12 months of incorporation of the Society on which date the Society shall elect a Committee to manage the affairs of the Society. A Member entitled to vote at the annual general meeting may give notice to the treasurer/secretary of any business that the Member requires to be considered at the next annual general meeting, and the treasurer/secretary shall include such business in the notice for the next annual general meeting, provided that if a Member gives such notice within 10 Working Days of the next annual meeting, such business may be deferred for consideration to the following annual general meeting.

12.2

Business: The business of each annual meeting shall be:

12.3

(A)

to confirm the minutes of the last annual meeting and of any meeting held since that annual meeting; and

(b)

to establish and approve the annual budget for undertaking the Society’s duties for the following year;

(c)

to receive and consider the Annual Financial Statement and the report of the auditor thereon;

(d)

the election of Members of the Committee pursuant to Rule 10.5; and

(e)

any other business set out in the notice of meeting.

Convening Meeting: The treasurer/secretary shall convene a special meeting of the Society upon: (a)

a written request by any Member of the Committee; or

(b)

a written request by [50%] of the Owners.

12.4

Meeting Rights: Each Member shall be entitled to receive notice of, attend and be heard and vote at a meeting, provided that no Member may vote at any meeting if at such time the Member is in default under this Constitution.

12.5

Notice: The treasurer/secretary shall, at least seven days before the date fixed for holding a meeting, cause to be sent to each Member entitled to receive notice at the Member’s address appearing in the Register, a notice of meeting.

12.6

Contents of Notice: The notice sent under Rule 12.5 must include: (a)

the place, date and time of the meeting;

(b)

the nature of the business to be transacted at the meeting;

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20 (c)

the address (which may be electronic) and details of the person(s) who is authorised to receive and count postal votes for the meeting (such person to be the treasurer/secretary unless he or she is unavailable); and

(d)

details of the form in which any postal votes are to be sent to the authorised recipient, provided that any irregularity in a notice of meeting is waived if a majority of Members entitled to attend and vote at the meeting attend the meeting, or otherwise agree to the waiver.

12.7

Chairperson: The chairperson of the Committee shall preside as chairperson at each meeting of the Society. If the chairperson is absent from a meeting, the Members present and entitled to vote shall elect one of their number to preside as chairperson at the meeting.

12.8

Quorum: No business shall be transacted at the meeting unless a quorum of Members is present. While there is a Controlling Member of the Society, the quorum shall be the Controlling Member. When there ceases to be a Controlling Member of the Society, the quorum shall be not less than [TBC%] of the Members for the time being entitled to vote (to be varied from time to time by the Society).

12.9

Adjournment: If within half an hour after the appointed time for the commencement of a meeting the quorum is not present, the meeting if convened upon the requisition of the Members shall be dissolved, but in any other case shall stand adjourned to the day, time and place determined by the chairperson of the meeting. No notice need be given with respect to the adjournment of a meeting. No business may be considered at any adjournment other than business which might have been considered at the meeting.

12.10 Adjourned Meeting: If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the adjourned meeting the Members present shall constitute a quorum. 12.11 Vote: Subject to Rule 12.12, each Member shall have one vote on any question to be decided at a meeting. In the event of equality of voting at a general meeting the chairperson shall have a casting vote. 12.12 Controlling Member’s Vote: At any general or special meeting of the Society, the Controlling Member (if there is one) shall be entitled to exercise the number of votes equal to one more than the votes exercised by the Members voting in person or by proxy. 12.13 Corporation Representatives: Any corporation which is a Member may, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the Society, and the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which that person represents as that corporation could exercise if it were an individual Member, and references in this Constitution to a Member being present in person shall mean and include a representative appointed pursuant to this Rule, and such person may also stand for election to the Committee. 12.14 Method of Voting: Voting at all meetings shall, unless a poll is demanded, be conducted by either of the following methods as determined by the chairperson of the meeting:

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(a)

by Members or their proxies or representatives signifying individually their assent or dissent by voice; or

(b)

by Members or their proxies or representatives voting by a show of hands, provided that in each case, the number of validly received postal votes shall be counted by the chairperson towards the matter being voted on.

12.15 Postal Voting: Members shall be entitled to exercise the right to vote for or against a matter to be voted on at a meeting by casting a postal vote, provided that in order to be counted a postal vote must be: (a)

in the form prescribed in the notice of meeting (and legible);

(b)

sent to person specified in the notice of meeting under Rule 12.6(c); and

(c)

received by such person at or prior to the meeting, although the authorised recipient of postal votes may waive non-compliance with these requirements where, in his or her opinion, the Member’s intention with respect to the vote is clear despite such non-compliance.

12.16 Poll: At a meeting, a poll may be demanded (before or on the declaration of the result of the vote) by any Member. For the avoidance of doubt, if a poll is demanded, any validly received postal votes on that matter shall be counted in the vote. 12.17 Proxy: Any vote to be cast at a general meeting of the Society may be exercised personally or by proxy. Where two or more persons are jointly entitled to exercise one vote and wish to do so by proxy that proxy shall be jointly appointed by them and may be one of them. A proxy shall be appointed in writing. If only one of those persons is present at a general meeting and they have not appointed a proxy as aforesaid, he or she may exercise the vote. 12.18 Carrying of Resolutions: Other than with respect to the election of general Committee Members in accordance with Rule 10.5, and subject to Rule 12.11, a resolution of Members shall only be carried if a majority of those Members attending the meeting vote in support of such resolution. 12.19 Declaration: A declaration by the chairperson of the meeting, to the effect that any resolution has been carried, or lost, and an entry to that effect in the minute book of the Society shall be conclusive evidence of the fact without proof of the number of votes recorded in favour of or against the resolution. 12.20 Written Resolution: A resolution in writing, signed or assented to whether by letter, telegram, cable, telex or facsimile by a majority of Members and the Controlling Member (if there is one) is valid and effective as if it had been passed at a meeting. Any such resolution may consist of several documents (including facsimile or other similar means of communication).

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22 12.21 Failure to Give Notice: The accidental omission to give notice of a meeting to, or the failure to receive notice of a meeting by, any person, does not invalidate proceedings at the meeting. 13.

Annual Financial Statement

13.1

Preparation: The Society shall prepare the Annual Financial Statement as soon as practicable after the expiry of each Financial Year, and in any event no later than three months after the expiry of each Financial Year.

13.2

Audit: The Annual Financial Statement may be audited by the auditor or the Society may resolve to dispense with an audit. The auditor shall be furnished by the Society with all information, accounts and explanations as may be necessary for the performance of the duties of the auditor. The auditor shall certify (so far as appropriate) as follows: (a)

that he or she has conducted the audit;

(b)

whether or not he or she has obtained all of the information and explanations he or she has required; and

(c)

whether or not the Annual Financial Statement is in his or her opinion properly drawn up so as to give a true and fair view of the income and expenditure, and assets and liabilities, of the Society.

A copy of the auditor’s certificate shall appear on all copies of the Annual Financial Statement provided to a Member and considered at an annual meeting. 13.3

Auditor: The auditor shall (unless resolved to the contrary by the Society) be a member of the New Zealand Society of Accountants and shall be appointed, and thereafter removed and replaced, by the Committee.

14.

Miscellaneous

14.1

Amendment: This Constitution shall not be amended, added to or rescinded except at an annual general meeting, or a general meeting convened for that purpose, and unless written notice of the proposed amendment, addition or rescission shall have been given to all Members in accordance with this Constitution. No Rule, including this one, shall be amended, added to or rescinded except by Special Resolution, and with the written consent of the Controlling Member (if there is one).

14.2

Rights of Controlling Member: Notwithstanding any other Rule in this Constitution, this Constitution shall not be amended, added to or rescinded so as to alter, add to or rescind any provision or Rule which confers a benefit on the Controlling Member, unless the Controlling Member (if there is one) provides prior written consent.

14.3

Dissolution: Upon the winding up of the Society in accordance with the provisions of the Act, all surplus assets after the payment of all costs, debts and liabilities shall be distributed among Members equally.

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23 14.4

Notice: A notice may be given by the Society to any Member either personally, or by sending such notice to the Member through the post or, by facsimile to the Member’s address or facsimile number entered in the Register. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying and posting (in the case of an address outside New Zealand by airmail post) a letter containing the notice, and to have been effected in the case of an address within New Zealand on the day after the date of its posting, and in the case of an address outside New Zealand on the third day after the date of its posting. A notice sent by facsimile during a Working Day between 9.00am and 5.00pm (New Zealand time) shall be deemed to be received upon completion of an error free transmission and in every other case shall be deemed to be received at 9.00am (New Zealand time)on the next Working Day after it is sent.

14.5

Several Owners: Where there is more than one Owner with respect to any Lot: (a)

notice may be given by the Society to each of such Owners by giving notice to the Owner first named in the Register; and

(b)

each Owner shall have joint and several liability with respect to all obligations of such Owners as a Member to the Society.

14.6

Indemnity: The Society shall indemnify each Committee Member for any liability incurred in respect of the affairs of the Society, other than a liability arising out of the wilful breach of this Constitution by the Committee Member.

14.7

No Liability: No Committee Member shall be responsible for any loss that may result from the acts or omissions of such person as a Committee Member, except in the case of wilful breach of this Constitution by the Committee Member.

14.8

Arbitration: In the event of any dispute arising within the Society or the Committee which is unable to be resolved by the Society or the Committee within sixty (60) days of the dispute, any Member may have the matter settled by arbitration before a sole arbitrator appointed by the President or Vice-President of the Hawke’s Bay branch of the New Zealand Law Society or any replacement body for the time being. Such arbitration shall be carried out in accordance with the Arbitration Act 1996 or any enactment in substitution thereof. The liability for the costs of such arbitration shall be allocated by the arbitrator to the parties to the dispute as the arbitrator sees fit and paid within 30 days of invoice. Any charges, awards, costs of arbitration not paid by due date shall bear interest at the Default Interest Rate calculated with daily rests from the due date to the date of payment.

14.9

Multiple Ownership: If a Member owns more than one Residential Lot, then for so long as that Owner owns more than one Residential Lot: (a)

that Member will be deemed to have separate membership for each Residential Lot that it owns;

(b)

that Member will have one vote at any general or special meeting of the Society for each Residential Lot that it owns;

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24 (c)

that Member will be liable to pay separate Annual Levies and Special Levies for each Residential Lot that it owns; and

(d)

that Member will remain as a Member of the Society until it no longer owns any Residential Lots within Te Awa Development and has procured direct deeds of covenant from the purchaser of each Residential Lot pursuant to Rule 8.3.

14.10 Severability: If any part of this Constitution is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of this Constitution.

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25 SCHEDULE A: Society Bylaws 1.

Introduction

1.1

Constitution: These Bylaws are those adopted by the Society under the provisions of the Constitution.

1.2

Effective Date: These Bylaws come into effect on and from the date of adoption of the Constitution. The Bylaws may be added to, amended or modified from time to time as provided for in the Constitution.

1.3

Interpretation: Terms and expressions used in these Bylaws are defined and guidelines for interpretation are set out in the Constitution. All reference to Member(s), in these Bylaws, is deemed to include reference to Occupier(s) and Invitee(s) unless the context otherwise requires.

1.4

Objectives: The Members have agreed upon Objectives for the development, management and operation of Te Awa Development, in the form of principles and guidelines to apply to the development and the operation of Te Awa Development over time intended to encourage and allow for coordination, preservation and enhancement of amenity and value for all as follows through:

1.5

(a)

High levels of design, design standards and specifications;

(b)

High level environmental standards balancing commercial with ecologically sustainable principles, e.g. through the efficient use of energy.

(c)

Professional and consistent management apply to all parts of the Common Facilities;

(d)

Building and growing a place of harmony and community within Te Awa Development.

Application of the Bylaws: The Bylaws apply to: (a)

All Residential Lots, and Common Facilities and to the land owned, leased, licensed or otherwise held by the Society from time to time; and

(b)

All Members and Occupiers of, and Invitees to, Te Awa Development.

Conduct in Te Awa Development

2.1

Considerate Behaviour: Each Member will make no noxious, noisy, improper, offensive or unlawful use of any Property or the Common Facilities and will use the Member’s Residential Lot and the Common Facilities only for the purposes for which they were designed. No Member will undertake any activity which is or may become a nuisance, cause unreasonable embarrassment, disturbance or annoyance to the other Members in the use and enjoyment of their Properties.

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26 2.2

No Obstruction: No member will fetter, obstruct or impede the use of any Common Facilities by any other Member or any contractor engaged by the Society.

2.3

Don’t Void Insurance: No Member will do any act which may prejudice or add to the premium payable in respect of any insurance of the Common Facilities.

2.4

Social Gatherings: Following on from 2.1 above, and with regard to the Resource Management Act, Members must not without the prior consent in writing of the Manager (given in the Manager’s discretion and then subject to any conditions imposed by the Manager) hold social gatherings or functions in or on the Member’s Residential Lot which will or are reasonably likely to cause any noise which interferes with the peace and quietness of any neighbouring properties at any time and, in any event, no gatherings or function is to be held after 10pm (Sunday to Thursday) and 12 midnight (Friday and Saturday). Furthermore, under no circumstances is the Member allowed to use, or permit the use of, any part of the Common Facilities for a private function, unless in accordance with the provisions of the Constitution.

2.5

Vehicle Repairs: No Member is to undertake any vehicle or mechanical repairs within the Member’s Residential Lot or on any part of the Common Facilities.

2.6

Don’t Litter: No Member will drop any litter in or on the Common Facilities.

2.7

Don’t Damage the Common Facilities: No Member will do any act which detracts from the attractiveness or state of repair of the Common Facilities.

2.8

Temporary Structures: No structures of a temporary nature, including any trailer, tent, motor home, garden shed, aviary, kennel or other outbuilding, may be installed or used on any Residential Lot or the Common Facilities at any time without the Manager’s prior consent in writing and then only in accordance with any conditions specified by the Manager.

2.9

Signs and Placards: No sign, placard, banner or emblem or any kind may be kept or placed on any Residential Lot or mounted, painted or attached to any part of the Residential Lot, fence or other improvement on such Residential Lot so as to be visible from public view without the Manager’s prior consent in writing and then only in accordance with any conditions specified by the Manager.

2.10

Decency: No Member will engage in, or allow any person to engage in any criminal activity within Te Awa Development and under no circumstances will the Member use or allow use of the Member’s Property for any activity or purpose that is unlawful, immoral or indecent or which offends commonly accepted standard of decency. By way of example, any of the following is expressly prohibited: (a)

Escort agency, brothel, massage parlour and/or sauna;

(b)

“Rap” parlour;

(c)

Striptease;

(d)

Topless bar and/or restaurant.

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2.11

Schools: No Member will engage in, or allow any person to engage in, any activity or purpose that will, or is reasonably likely to cause disruption to the Members or increase the demand on the Common Facilities. By way of example, any of the following is expressly prohibited: (a)

Language schools;

(b)

Music or swimming schools;

(c)

Kindergarten, early childcare centre, or before/after-school care facilities.

2.12

Don’t Cause Disturbance: No Member will make or permit any improper or unseemly noises within Te Awa Development, nor act in any fashion as to annoy or disturb any other Member. All televisions, stereos, musical instruments, and other noise levels, must be kept at a reasonable volume, so as not to disturb other Members. Furthermore, no horns, bells, whistles or other sound devices, except for security devices which are used exclusively to protect persons and property, are to be placed in or used in Te Awa Development.

2.13

Consumption of Alcohol: If intoxication liquor is consumed within Te Awa Development, the Member will ensure all laws governing the consumption of intoxicating liquor are complied with.

2.14

No Bonfires, Fireworks etc: There are to be no exterior fires in Te Awa Development except for barbecue fires contained receptacles, adequately designed for such purpose and located on a Member’s Property. No Member will burn any material or substance within Te Awa Development, or light or display any fireworks or domestic explosives of any kind (unless the Manager has given prior written approval such approval to be given in the Manager’s discretion and then subject to any conditions imposed by the Manager) or do anything which may create a fire hazard or contravene fire regulations.

2.15

Rubbish Disposal: No Member will store or dispose of any rubbish except into bins or receptables for removal on usual days by the local authority or by independent contractors. Properly secured and sealed rubbish bags for disposal will be placed only where approved by the Manager and used only for the purpose for which they are provided.

2.16

Smoke Free: No Member may smoke in any part of the Common Facilities.

2.17

Residential Use: No Residential Member will conduct any commercial activity from any Residential Lot (including the garage) or store on that Residential Lot any plant or equipment used for commercial activities, without the written consent of the Manager.

2.18

No Dangerous Substance: No Member will permit anything to be done nor bring nor keep anything in the Residential Lot which may create a fire hazard or which may contravene the fire regulations or the rules, regulations, ordinances or by-laws of any Relevant Authority.

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28 2.19

No Auctions: No Member will permit any auction, sale, garage sale or similar activity to be conducted or take place in any Residential Lot or on the Common Facilities.

2.20

Abide by Laws: Each Occupier shall at all times comply with the requirements of all statutes, regulations and Relevant Authorities, and shall duly and punctually pay all rates, taxes, charges and other outgoings payable in respect of that Occupier’s Residential Lot.

2.21

Security: Each Occupier shall properly secure that Member’s Residential Lot when it is not occupied.

Tenant Rules

3.1

Application: All Members must make written application when tenanting their Property. (a)

Only those applicants noted on a tenancy agreement are permitted to reside in Te Awa Development.

(b)

Tenants are permitted to use all of the Common facilities.

(c)

Tenants are responsible for ensuring all guests abide by the Constitution and Bylaws of Te Awa Development.

(d)

Tenants cars parked within Te Awa Development are limited to the number of car parks associated with the premise that they lease.

Pets

4.1

Only Family Pets: No animals, livestock or poultry of any kind may be raised, bred or kept on any Property except for domestic dogs, cats or other household pets which are kept for the purpose of providing companionship for the Occupier’s family. Animals are not to be raised, bred or kept for commercial purposes or for food.

4.2

Control and Supervision: All permitted pets must be under constant control and supervision of the Occupier, and for this purpose:

4.3

(a)

All dogs will be on a leash when outside the boundaries of an Occupier’s Residential Lot;

(b)

All pet debris and droppings will be immediately picked up and disposed of;

(c)

No pet will make any noise as to disturb or otherwise cause a nuisance;

(d)

All pets will be maintained in a healthy condition, and all laws and regulations relating to the keeping of pets are complied with; and

(e)

All pets must be properly tagged for identification.

Number of Pets: No Occupier may keep more than 2 pets.

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29 5.

Building Appearance and Design Controls

5.1

Attractive Appearance: Each Member has a duty to keep the Property and all improvements on it in premium condition and in an attractive condition, and will not permit the accumulation of unsightly rubbish, equipment implements or materials on the Property.

5.2

Building and Landscaping Standards: No building may be erected, altered or maintained nor any landscaping on a Residential Lot, unless it complies with the Design Controls or with the prior written permission of the Committee.

5.3

Building Colours: No Occupier is to alter in any manner whatsoever the colour and exterior appearance of the building erected on the Residential Lot except in accordance with the Design Controls or with the prior written permission of the Committee.

5.4

Antennae, Satellite Dishes and Solar Collectors: No Member may erect or maintain a television or radio receiving or transmitting antenna, satellite dish or similar implement or apparatus, or solar collecting panels or equipment on a Residential Lot unless such apparatus is erected and maintained in accordance with the Design Controls or with the prior written permission of the Committee.

5.5

Window Treatments: No Member will: (a)

Cover or coat any window or door with aluminium foil, reflective film or similar treatment;

(b)

Erect or display blinds, louvres, or curtains visible from the outside of the Property unless the colour and design of those blinds, louvres and curtains are in accordance with the range of window treatments listed in the Design Controls or with the prior written permission of the Committee. No Member may install, renovate and/or replace blinds or curtains without complying with the Design Controls or with the prior written permission of the Committee. The Member will as often as the need arises (in the opinion of the Manager) replace at the Member’s own cost any blinds, louvres and curtains.

5.6

Repair or Broken Windows: All windows are to be kept clean and if broken or cracked shall be promptly replaced by the Member at his/her expense with fresh glass of the same or better quality and weight as at present.

5.7

Seasonal Decorations: Outdoor seasonal decorations must be in working order, good repair and unobtrusive. Decorations will be set up and taken down in a timely manner.

5.8

Air-Conditioning: No air-conditioning or heat pump apparatus is to be installed on any Residential Lot in public view.

5.9

Clean Exteriors: Each Member is to maintain or cause to be maintained in clean and sanitary condition and in good repair the exteriors of the Residential Lot.

5.10

Washing and Clothes Hanging Devices: No clothing, bedding or other articles will be hung on the windows, balconies or on the outside of the Residential Lot or its windows.

LCS-107886-624-63-V1

30 These restrictions however shall not apply in respect of clothing, bedding or other articles hung on any clothesline installed or erected on the Residential Lot in accordance with the Design Controls or with the prior written permission of the Committee. 6.

Garden Maintenance

6.1

Garden and Weeds: All grass, hedges, shrubs, vines and planting of any type is to be kept trimmed and, at regular intervals, mowed, trimmed and cut so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants that die are to be removed and replaced with comparable plants. No weeds, vegetation or waste materials are to be placed or permitted to accumulate on any part of the Residential Lot.

6.2

Trees: No living tree having height of 3 metres or more or having a trunk measuring 10 cms or more in diameter at ground level is permitted on a Residential Lot.

6.3

Fences: No fence, wall or hedge may be erected or maintained on that part of a Residential Lot except in accordance with the Design Controls or with the prior written permission of the Committee.

Roads

7.1

Roads: The roads, access ways, tracks, walkways and footpaths within Te Awa Development will only be used for the purpose of access. The village access gates shall remain open during the hours of 7.00am to 6.00pm and be fitted with a security pass system outside these hours.

7.2

Notification of Vehicle Registrations: Each Occupier will provide the Manager with the registration number of all vehicles belonging to the Occupier which will be used on any roads within Te Awa Development.

7.3

Parking Restrictions: Members will not park, or permit any guest or Invitee to park:

7.4

(a)

Any vehicle on the roads, tracks, paths, berms, or any other park of the Common Facilities other than in the spaces specified by the Society for that purpose; and

(b)

Any camper van, van, truck over one tonne, trailer or recreational vehicle (including boat, watercraft, jet ski, motorhome or travel trailer) bus or aircraft on the roads or those parts of the Common Facilities specified by the Society for parking purposes, for any continuous period exceeding 4 hours in duration.

Prohibited Vehicles: No camper vans, vans, trucks over one ton, trailers, vehicles with advertising signage, recreational vehicles (including boats, watercraft, jet skis, motor homes, travel trailers) buses, aircraft, motorcycles, motor scooters, motorised gardening equipment, garden implements, equipment or tools may be kept on any Residential Lot unless the same is fully enclosed within the garage located on the Residential Lot. This Bylaw does not apply to: (a)

Commercial vans and pick ups, service and delivery vehicles temporarily visiting a Residential Lot during normal business hours, or acting under instructions from the Manager.

LCS-107886-624-63-V1

(b)

Vehicles and equipment temporarily parked on a Residential Lot in connection with the maintenance of a Property, and remaining for such period of time as is reasonably necessary to provide the service or to make the delivery to a Property or the Common Facilities. Any vehicle, boat or equipment kept, stored or parked in breach of this Bylaw or the parking rules referred to in this clause 7 above may be towed without notice, or by on behalf of the Society and at the owner’s cost and expense.

7.5

Speed Restrictions: No vehicle will travel in excess of 30km per hour within Te Awa Development except in the case of an emergency.

Keys and Access Cards

8.1

Keys and Cards: No Occupier will key or retain any duplicates or copies of any keys or access cards relating to the Common Facilities. Additional keys and access cards can be provided by the Manager on payment of a fee charged by the Manager. In the interests of effective security, the Manager has the right (at the Manager’s discretion) to restrict the number of keys and access cards available for use.

8.2

Invitees have Restricted Access: No Invitee will be allowed by an Occupier to use a key or access card other than in the presence of the Member of his/her immediate family.

8.3

Lost Keys: If any key or access card is lost, stolen, destroyed or damaged, the Occupier is to report such to the Manager immediately.

Eviction and Closing the Common Facilities

9.1

Eviction: The Society reserves the right to exclude or evict from the Common Facilities any person (including a Member) who, in the opinion of the Society is under the influence of intoxicating liquor, drugs or other substances, or who acts in a manner that breaches the Constitution or the Bylaws. This right may be delegated to the Manager.

9.2

Closure: The Manager may close any or all of the Common Facilities as the Manager considers necessary for security reasons, or for the purposes of maintaining or repairing the Common Facilities.

9.3

Notice of Closure: The Manager will endeavour to give reasonable notice to the Occupiers of any proposed closure unless the situation requires immediate closure in which case the Manager is not required to give notice.

LCS-107886-624-63-V1

32 SCHEDULE B: Covenants (see annexed)

LCS-107886-624-63-V1

33 SCHEDULE C: Copy of Form of Memorandum of Encumbrance (see annexed)

LCS-107886-624-63-V1

SCHEDULE D: Management Agreement (see annexed)

LCS-107886-624-63-V1

SCHEDULE E: Te Awa Development Plan (see annexed)

LCS-107886-624-63-V1

SCHEDULE F: Initial Members The Initial Members shall be: (a)

[a minimum of 15 members are required initially to register];

(b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n)

LCS-107886-624-63-V1

SCHEDULE G: Design Controls (see annexed)

LCS-107886-624-63-V1

APPENDIX 9 – REVISED APPLICATION DOCUMENTS 21 APRIL 2020

73756.6

Page 59

Jason Kaye From: Sent: To: Cc: Subject: Attachments:

Jason Kaye Tuesday, April 21, 2020 12:01 PM Rebecca Sutton Paul O'Shaughnessy; Matthew Holder RE: Te Awa Subdivision. Durham Properties Ltd H20180069-CONSENT-R3.pdf; H20180069_Te Awa_Scheme v3_rev L 200420.pdf; J4345 - Engineering Report REV C.pdf; J4345-CVL-RESOURCE CONSENT SET_5 _complied.pdf

Dear Rebecca, In response to your email of 26/03/20, please find attached a revised set of staged scheme plans, landscape details and engineering services report that supersede previous application details. The following comments provide response to the specific matters raised in your email (in the order raised in your mail). Swale Area in Landscape Plan The swale area on the landscape plan had not been updated from the previous layout. The 41m2 difference that you noted has now been added to the annotated 3.1ha area of the swale within the attached amended landscape document. Balance Lot Area The difference that you have identified for the stage 7 balance lot area is a result of the rounding of this area. The rounding of the balance lot area is standard practice for the presentation of large lots on scheme plans, but we appreciate your concerns over this matter and the balance lot rounding on the attached set of scheme plans has been amended to address your comments. Amended Strata Staging Plan The amended Strata Engineering Report and associated engineering plans are attached. Overhead Power Lines Having reviewed the overhead power lines matter, it seems logical that these are replaced with underground lines at the time of Stage 1 road widening, as envisaged by the Te Awa Structure Plan. This position supersedes any previous statement in this respect. Signage Thank you for the offer of incorporating signage into the current application. The signage will be limited to the village name (not yet determined). Simple wall wash lighting is proposed to illuminate the entrance signage in association with feature lighting, which is likely to be in the form of traditional lanterns mounted on the entrance wall. Separation of Stage 1 The revised scheme plan set has removed the staged scheme plans for Stages 1A, 1B and 1C following Council’s invitation to submit the Stage 1 development as a standalone application. The Stage 1 development is retained on the application plans for information only and is no longer part of this application. Kind regards, Jason Kaye Development Nous Limited Phone Mobile

+64 6 876 2159 +64 220 880 360

FIT ZG ER AL DP LA

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL

40 .0

Pt Section 92 Blk VIII Heretaunga SD 0.0916

24.2

24 .2

24.2

16.3 23.6

16.7

16.3

C014 )

19.4

GE 1 C 20.0

16.3 20.0

17.8

(SHE ET

19.5

16.3

ROA D1 16.3

14.8

STA 17.0

13.0

14.9 15.9

12.8

16.0

m 17.00 17.0

20.0

13.0

20.0

16.0

20.0

)

C013

(SHE ET

20.0

ROA

SEN

20.0

17.0

ERIK

17.0

16.0

20.0

Lot 383 DP 513468 0.0483

795986

795987

20.0

16.0

22.4

804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

22.4

012)

Lot 373 DP 513468 0.0562

Lot 374 DP 516362 0.0470

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

20.0

Lot 369 DP 513468 0.0509 795978

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

20.0

Lot 364 DP 513468 0.0621

Lot 356 DP 513468 0.0604

22.5

Lot 345 DP 513468 0.0544

793438

793434

Lot 355 DP 513468 0.0527

793427

40.0

Lot 353 DP 513468 0.1185 793435

Date

KRC

17/12/2017

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

0.0544

169.

HBB2/1223

17/12/2017

This document is produced by Development Nous Ltd solely for the benefit of and use by the client in accordance with the terms of engagement. Development Nous Ltd does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by third party on the content of this document.

795977

22.5

16.8

Lot 9 DP 6055 2.1650

Date

16.7

378863

Date

Drawn

(SHE

21.8

STA

16.0

20.0

16.0

804715

Lot 385 DP 516362 0.0483

Checked

20.0

16.4

3.6 5.8

Lot 384 DP 516362 0.0483

Fieldwork

ET C

GE 1 A

16.0 21.8

16.0

7.8

Lot 382 DP 513468 0.0483

KAITUNA PLACE

16.0

16.6

12.9

24.2

0 5.3

24.2

71899

16.0

20.0

16.0

17.7

20.0

14.7

16.0

ROA D1

16.0

12.9

24.2

16.6

24.2

15.9

24.2

Lot 1 DP 318389 6.1891

20.0

16.0

20.0

16.0

13.0

11.8

12.9

16.6

12.9

20.0

GE 1 B

STA

20.0

16.0

20.0

16.0

12.0

14.8

21.8 14.9

15.9

24.2

16.6

24.2

15.9

24.2

5.1

Lot 3 DP 394762 6.7380

LOT 15 625m² 31.5

16.0

12.4

17.0

ROA

17.6

15.0

14.9 14.9

21.8

24.2

24.2 24.2

24.2

14.4 14.4

24.2

HBG3/590

28.5

16.0

16.0 16.0

21.7

14.9

18.8

4.0

21.2

4.2

25.8

10.0 10.0

23 .2 23 .2

Lot 93 DP 10451 0.0713

16.0

4.7

20.1

ROA

21.2

ROA

12.1

STAGE 3

HBG2/209

9.6

16.0

ROA D1

16.0

12.6

15.2

13.0

13.8

16.2

16 .1 16 .1

24 .3

STAGE 2

HBC4/814

Lot 94 DP 10451 0.0733

LOT 26 388m²

.3 16 .3

7.9 7.9

8.1 8.1

15 24 .9 .2

15 .9

Lot 95 DP 10451 0.0713

24.2

HBF4/40

STAGE 5

4.2

Lot 96 DP 10451 0.0672

LOT 25 383m²

15 .9 24 .2

8.0

15 .2

3.8

HBK1/825

24 .2

.2 24

.3 15

24 .2

10.4 10.4 7.4

14.2 16.0 16.0

24.2 24.2

4.2

RY 2

21.2

8.0

4.2

HBK1/977

Lot 97 DP 10451 0.0672

32.0

4.2

HBE2/1003

Lot 98 DP 10451 0.0672

.2 24

24 .2

24.2

344m²

.0 13 7

HBK1/626

Lot 210 DP 10451 0.0728

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

15.6 23.7

LOT 16 625m²

21.2

4.2

Lot 209 DP 10451 0.0741

31.5

LOT 24 427m²

ENT

4.2

HBA3/1092

HBA3/306

LOT 114 388m² 24.2

4.2

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

4.2

HBA2/1403

HBA3/306

21 .1

LOT 112 388m²

31.5

LOT 17 630m²

24.2

STAGE 7 (SHEET C020) 21.2

8.0

HBA3/1372

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

NORTH 24 .2

24.2 .0

24 .2

m²

LOT 109 14 .6 374m² LOT 110 LB 13 397m² .2 LA

LOT 18 613m²

24.2

PALOT 23 396m²

3.7

LOT 113 363m²

31.5

LOT 22 PB 396m²

16.0

STAGE 4

HBA1/525

Lot 206 DP 9997 0.0687

16.5

Lot 205 DP 9997 0.0675

HBD2/756

31 .0

32 .1

LOT 19 634m²

24.2

LOT 87 469m² NA

4.2

HBA1/801

Lot 165 DP 9997 0.0784

19 .8

LOT 108 446m²

21.3

OALOT 21 391m²

LOT 86 421m²

15.2

239 17

5.2 LOT 126 344m² LOT 123

Lot 204 DP 9997 0.0703

HBK1/439

24.2

12 .2

0 .7

LOT 129 354m² 2

IVA

HBA2/1222

4.2

Lot 164 DP 9997 0.0725

HBA1/624

4.5

Lot 203 DP 9997 0.0718

15 .4

15 .2 24.2

15 .0 16

HBH2/141

HBJ2/292

Lot 166 DP 9997 0.0682

AD 3

15 .2 LOT 105 369m² 15 .2 LOT 106 15 .2 LOT 103 31.9 369m² LOT 107 488m² 15 .2 31 420m² .9

4.2

Lot 202 DP 9997 0.0693

Lot 163 DP 9997 0.0786

4.7

HBD3/1295

LOT 85 413m²

16 .5 .5

LOT 128 347m²

4.3

14.1

12.2 16

16.0

16 .0

LOT 104 370m²

15 .2

15.2

RO 15

6.8

LOT 88 402m² MA

LOT 89 402m²

LOT 91 402m²

23 .5

24 .2

16.2

LOT 406 5035m²

LOT 20 OB 567m²

16 .5

.5 .5

LOT 84 412m²

LOT 92 402m²

LOT 83 412m²

16 .5 16 .5

LOT 127 355m²

LOT 90 402m²

21 .2

RO .5

.0 16

24 .2

LOT 100 367m²

6.9 13

15 .2

8.0 15 .2

S RO

15 .5

TE IVA

16 .0

6.8

9.2 15 .2

15 .2

15 .2 15 .2 8.0

15 .2

LOT 97 365m²

12 16

LOT 93 402m²

HBW1/356

LOT 95 388m²

LOT 96 389m²

LOT 98 388m²

Lot 201 DP 10396 0.1090

16 .0 8.0

WI LL

HBE1/551

Lot 162 DP 9997 0.0776

STAGE 6

4.2

Lot 161 DP 9997 0.0789

24 .2 24 .2

KRC

17 .0

.8 LOT 111 24.2 LOT 14 404m² LOT 27 15 LOT 122 .4 21 .8 629m² 4.2 15 .2 388m² 358m² 15 LOT 125 JB .7 .4 3 16 24.2 LOT 63 0.5 .1 LOT 119 31.5 348m² LOT 124 24.2 15 .7 JA 388m² 15 323m² LOT 118 .4 LOT 28 15 HB 348m² 24 15 LOT 13 .4 .2 .4 2 2 4. 1.5 360m² 388m² 15.4 5 HA 21 C 629m² LOT 121 .2 LOT 62 15 .4 19 LOT 115 .6 LOT 130 24.2 388m² 356m² LOT 120 19 .6 31.5 448m² LOT 29 365m² 24 16 373m² .2 .0 19 .5 25.0 LOT 117 24 388m² IB .2 LOT 12 4.1 LOT 61 406m² 14.0 RO LOT 131 IA 388m² LOT 134 629m² 19 24.2 AD LOT 116 .5 22.0 5 24 388m² LOT 30 433m² .2 LOT 135 436m² 31.5 24 12.4 .2 388m² LOT 404 LOT 60 19 362m² .5 4.2 LOT 132 40 388m² 5374m² LOT 11 .0 13.3 4.4 24 24.2 .6 364m² 40 24 LOT 133 .0 .2 16.9 629m² 21 LOT 136 LOT 31 .2 LOT 139 LOT 59 473m² (SHEET C018) 21 387m² 388m² .2 LOT 140 31.5 394m² 388m² 19 26 LOT 142 .5 .6 4.2 391m² 24.2 24 (SHEET C017) .2 LOT 10 18.2 20 360m² .5 LOT 137 LOT 32 LOT 403 17.0 24 .2 LOT 58 629m² LOT 159 17.0 25 435m² 3207m² 388m² .7 18.1 388m² 15 375m² LOT 138 .2 LOT 143 31.5 24 24.2 9 23 .2 3. 361m² LOT 141 387m² .5 15 .2 24.2 LOT 57 LOT 158 LOT 33 396m² LOT 160 GB LOT 9 RO 15.9 A 378m² D 369m² GA 388m² 392m² 24 6 18 24 LOT 144 .2 629m² .4 LOT 155 .2 18.1 15 24.2 23 .2 LOT 302 356m² .5 16 LOT 154 372m² .0 21.2 31.5 194m² LOT 34 LOT 161 24 .2 .2 4 15 377m² .2 15.1 4.2 LOT 157 16 383m² 370m² .0 LOT 56 LOT 8 20 25 .5 18.9 21.2 .1 388m² 369m² 625m² LOT 156 LOT 401 LOT 150 LOT 153 21.2 24 .2 28.4 EB 16 5768m² 384m² .0 LOT 149 415m² 436m² 4.2 LOT 145 LOT 55 4.2 20 EA .5 27 458m² 369m² .0 381m² 16 18.1 .0 18 4.2 LOT 162 .1 21.2 24.2 24 LOT 152 .2 18.9 17 370m² RO 18.9 .1 456m² LOT 35 LOT 54 AD 24 28.5 LOT 146 LOT 151 .1 23 .5 7 369m² 424m² 16 LOT 148 LOT 166 404m² .5 LOT 163 3.2 4.2 436m² 24 LOT 7 24.2 .2 24 459m² .2 416m² 392m² Lot 2 FB LOT 53 625m² 16 .1 LOT 167 15.1 LOT 36 FA DP 14417 365m² 23 15 .5 LOT 147 15 .4 7.5 .4 18.9 410m² 21 31.5 387m² 1.7 9.2648 .2 LOT 164 381m² 9.1 1.7 LOT 170 24.2 4.2 Lot 381 Lot 379 13 Lot 380 420376 21.2 LOT 165 16.5 13 .7 371m² DP 513468 DP 513468 DP 513468 .7 LOT 6 4.2 0.0483 477m² 0.0500 2.8 0.0483 20 4.2 LOT 173 13 .5 16.4 374m² LOT 37 LOT 52 .0 629m² 795985 795983 795984 LOT 168 LOT 174 15 21 .4 16.4 405m² .6 387m² 472m² DB LOT 177 1 1 R 6 5 LOT 51 366m² .0 400m² .4 24.2 31.5 OA 9.0 21(SHEET LOT 169 C015) .2 16 D9 DA 16.5 .0 5.0 388m² 400m² LOT 178 LOT 182 15 16 359m² LOT 171 14.6 LOT 50 .0 LOT 38 16.5 LOT 5 LOT 402 .5 400m² 16 15.4 .0 381m² CB 388m² 16.5 387m² 4108m² 364m² 705m² 15 16 .3 LOT 49 15.4 24.2 .0 LOT 172 24.2 16.5 16 CA .0 15.4 388m² 385m² LOT 175 16 31.5 .6 LOT 48 LOT 181 LOT 39 374m² LOT 176 BB 16 .0 LOT 306 388m² 17.3 403m² 387m² LOT 4 11 BA 374m² LOT 179 B Lot 372 2.0 45 .6 24.2 9938m² DP 513468 15.4 373m² 24.2 16 0.0543 AB .0 686m² Lot 370 Lot 371 15.4 DP 513468 AA LOT 40 DP 513468 795981 LOT 180 0.0462 0.0520 15.4 387m² 381m² 31.5 ROA 795979 795980 D 36.7 LOT 301 9 21.2 24.2 (SHEET C016) 4.2 Lot 349 LOT 3 2059m² DP 513468 15.9 48 LOT 41 0.0565 .0 629m² 12 0.0 16.0 793431 Lot 348 387m² DP 513468 16.0 LOT 47 24.2 31.5 0.0544 11.1 39.6 1 388m² LOT 46 793430 Lot 350 LOT 45 LOT 42 LOT 2 DP 513468 388m² 0.0521 16.0 LOT 44 6.7 387m² 629m² Lot 347 388m² 793432 DP 513468 16.0 21 .2 411m² 0.0544 A 31 .5 16.0 793429 Lot 351 LOT 43 53 .0 DP 513468 165.0 17.5 0.0544 475m² LOT 1 Lot 346 793433 28.5 DP 513468 710m² 0.0544 LOT 305 793428 Lot 352 35 8712m² .0 DP 513468 24 .2

LOT 303 194m² 2

HBC4/792

LOT 94 389m²

16 LOT 101 .0 370m² LOT 102 KB 16 366m² .0 4.2 (SHEET C019) KA 20 .5

24 .2

LOT 64 378m² 2

HBW1/355

15 .6

OW BA NK

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

HBM1/694

LOT 65 388m²

2428m²

HBG2/863

LOT 99 389m²

28/01/2020 FOR APPROVAL

4.2

HBH4/1235

HBM1/695

LOT 307 7344m²

4.2

Lot 150 DP 9997 0.1039

15 .2

16 .0 16 .0

HBA1/716

Lot 159 DP 9997 0.0814

Lot 151 DP 9997 0.0753

16 .0

3.6

HBJ3/1004

LOT 66 388m²

Lot 197 DP 9997 0.0687

LOT 405 2193m²

Bisson Place

LOT 67 388m² 24 .2

RO AD 1

HBE1/318

24 .2

HB200/23

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

HBM1/696

LOT 68 388m²

64 .0

Lot 195 DP 9997 0.0758

4.6

Lot 152 DP 9997 0.0819

15 .5

UE HBB3/848

24 24 .2 .2

STAGE 8 QB (SHEET C021) LOT 407

Lot 1 DP 14417 4.5526

17 .0 LOT 81 374m² QA LOT 82 15 .4 412m²

4.2

HBJ3/948

HBM1/697

388m²

HBA1/516

24 .2

LOT 69

Lot 157 DP 9997 0.0786

HBF2/1462

Lot 194 DP 9997 0.0753

KRC

11 .7

4.2

LOT 70 375m²

16 .0

Lot 156 DP 9997 0.0690

24 .2

Lot 193 DP 9997 0.0741

HBB4/640

Lot 153 DP 9997 0.0839

NU E

LOT 71 369m²

40 .0

Lot 155 DP 9997 0.0672

4.2

HBA3/1263

HBA1/619

24 .2

LOT 304 194m² 2

4.2

N SO S BI

A PL

Lot 192 DP 9997 0.0741

AV EN U

HBM1/687

HBM1/677

LOT 308 5255m²

HBA3/48

Lot 12 DP 10375 0.0935

LOT 72 369m²

HBJ4/1500

Lot 191 DP 9997 0.0728

AVE N

Lot 154 DP 9997 0.0789

HBM1/676

4.2 24 .2

23/01/2020 FOR APPROVAL

15 .4 LOT 79 374m² LOT 80 RA 374m² 15 .4

4.6

Lot 23 DP 10192 0.0799

Lot 190 DP 9997 0.0715

ELD

HBY1/923

LOT 73 369m² 2

HBB3/843

Lot 11 DP 10375 0.1464

409m²

4.2

24 .2

4.2

PE RC YS PIL LER A

HBM1/686

Lot 189 DP 9997 0.0703

SEF I

HBY1/922

Lot 6 DP 28293 0.0603

LOT 74 369m²

HBF4/39

SER VIC EL AN E

Lot 22 DP 10192 0.2137

24 .2

16 .0

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

LOT 75 369m²

LOT 78

3.1

HBY1/918

Appr. Issued KRC KRC

16 .0

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

LOT 76 384m² 24 .2

22 6.1

Lot 1 DP 28293 0.0596

22 6.1 15 .2

Lot 187 DP 9997 0.0705 Lot 10 DP 10192 0.1224

HBH2/114

Lot 24 DP 10192 0.3819

LOT 77 388m²

Lot 186 DP 9997 0.0748

HBM1/672

14 .8

HBM1/678

Lot 9 DP 10192 0.1274

HBM1/675

RO AD 1

Lot 8 DP 10375 0.2324

16.0

HBW1/1021

EE T

HBW1/1023

STR

HBW1/1022

DP 26433 0.0498

4.8

DATE PLOTTED: 1/28/2020 9:58:21 AM BY : GEMMA GUILFORD

DP 26433 0.0442

Lot 1 DP 26433 0.1325

BE S TA LL

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER OVERALL SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C011

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 1/28/2020 9:58:45 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

Appr. Issued KRC KRC

23/01/2020 FOR APPROVAL

KRC

28/01/2020 FOR APPROVAL

KRC

HBH2/114

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 155 DP 9997 0.0672 HBB4/640

Lot 156 DP 9997 0.0690

Lot 153 DP 9997 0.0839

AN E

Lot 157 DP 9997 0.0786

HBA1/516

HBJ3/948

HBM1/697

Lot 152 DP 9997 0.0819

LOT 18 STAGE 1C

HBF2/1462

Lot 194 DP 9997 0.0753

LOT 17 STAGE 1C

HBB3/848

Lot 195 DP 9997 0.0758 HB200/23

Lot 196 DP 9997 0.0703 HBE1/318

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

HBA3/1263

Lot 193 DP 9997 0.0741

HBA1/619

SS BI

CE A L

HBM1/677

AV EN UE

LOT 19 STAGE 1C

Lot 192 DP 9997 0.0741

Lot 197 DP 9997 0.0687

HBJ3/1004

HBM1/695

HBH4/1235

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

HBM1/694

HBW1/355

HBC4/792

HBE1/551

LOT 14 STAGE 1B

WI LL

Lot 161 DP 9997 0.0789 Lot 201 DP 10396 0.1090

Lot 162 DP 9997 0.0776

LOT 15 STAGE 1B

OW BA

Lot 150 DP 9997 0.1039

Lot 159 DP 9997 0.0814

HBA1/716

Lot 151 DP 9997 0.0753

LOT 16 STAGE 1C

Lot 154 DP 9997 0.0789

HBM1/687

HBA3/48

Lot 12 DP 10375 0.0935

AV E

Lot 23 DP 10192 0.0799

HBJ4/1500

Lot 191 DP 9997 0.0728

HBY1/923

HBM1/676

VEN

HBM1/686

Lot 190 DP 9997 0.0715

Lot 6 DP 28293 0.0603

HBB3/843

Lot 11 DP 10375 0.1464

IEL

HBY1/922

PE RC YS PIL LER

Lot 189 DP 9997 0.0703

SEF

Lot 22 DP 10192 0.2137

HBF4/39

SER VIC EL

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBW1/356

LOT 13 STAGE 1B Lot 1 DP 318389 6.1891

HBD3/1295

71899

Lot 202 DP 9997 0.0693

Lot 163 DP 9997 0.0786

LOT 12 STAGE 1B

HBH2/141

HBJ2/292

Lot 166 DP 9997 0.0682

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

HBA1/624

LOT 11 STAGE 1B

HBA2/1222

Lot 204 DP 9997 0.0703

HBK1/439

HBA1/801

Lot 165 DP 9997 0.0784

LOT 504 9.9ha

Lot 205 DP 9997 0.0675

HBD2/756

LOT 10 STAGE 1B

Lot 206 DP 9997 0.0687

LOT 9 STAGE 1B

HBA3/1372

EN R O

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

HBA2/1403

LOT 8 STAGE 1B

Lot 208 DP 10451 0.0741

16.0

21.2

388m² 16.0

17.5

16.0

Lot 370 DP 513468 0.0462 795979

795987

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

804715

804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

Date

Drawn

795981

Lot 373 DP 513468 0.0562

Lot 374 DP 516362 0.0470

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795980

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A Lot 348 DP 513468 0.0544

6.7

LOT 42 387m²

28.5

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544

21.2

LOT 43 475m²

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

169.

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

793432

Lot 364 DP 513468 0.0621

Date

17/12/2018 Date

KRC

22/08/2017

Designed

Date

Approved

Date

793433

Lot 356 DP 513468 0.0604 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 352 DP 513468 0.0544

793427

All Rights Reserved. This document is produced by Development Nous Ltd solely for the benefit of and use by the client in accordance with the terms of engagement. Development Nous Ltd does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by third party on the content of this document.

795977

Lot 351 DP 513468 0.0544

HBB2/1223

40.0

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

LOT 305 8712m² Lot 9 DP 6055 2.1650

795986

LOT 4 STAGE 1A

7.8

16.7 165.0

378863

5.1 0

LOT 44 411m²

16.0

53 .0

3.6 5.8

24.2

11.1

LOT 45

795985

Lot 385 DP 516362 0.0483

KAITUNA PLACE

24.2

16.0

LOT 41 387m²

16.0

5.3

LOT 47 388m² LOT 46 388m²

795984

Lot 384 DP 516362 0.0483

24.2

16.0

39.6

Lot 3 DP 394762 6.7380

LOT 40 387m²

4.2

795983

LOT 5 STAGE 1A

16.0

15.9

HBG3/590

36.7

16.0

LOT 180 381m²

15.4

Lot 383 DP 513468 0.0483

Checked

24.2

16.8

LOT 301 2059m²

Lot 93 DP 10451 0.0713

ROA D

Lot 382 DP 513468 0.0483

LOT 39 387m²

24.2

15.9

HBG2/209

16.0

16.6

24.2

45 .6

16.0

24.2

14.4

HBC4/814

Lot 94 DP 10451 0.0733

Lot 381 DP 513468 0.0483

24.2

LOT 181 403m²

Lot 380 DP 513468 0.0483

Fieldwork

LOT 38 387m²

12.9

15.4 LOT 172 16.5 15.4 385m² LOT 175 LOT 176 374m² BB LOT 179 17.3 BA 374m² 15.4 373m² AB 15.4 AA

381m²

16.6

24.2

16.5

LOT 37 387m²

Lot 379 DP 513468 0.0500

24.2

21.2

LOT 182

24.2

Lot 95 DP 10451 0.0713

400m²

12.9

HBF4/40

LOT 178 24.2

10.0

15.4

15.9

24.2

400m²

14.6

4.2

Lot 96 DP 10451 0.0672

STAGE 2

16.4

LOT 6 STAGE 1A

16.0

16.4

16.0

4.2

LOT 177

17.7

24.2

21.2

HBK1/825

16.0

LOT 36 387m²

16.0

18.9

HBK1/977

Lot 97 DP 10451 0.0672

LOT 7 STAGE 1A

24.2

LOT 147 381m²

21.2

LOT 35 424m²

16.6

24.2

15.9

15.1

4.2

ROA

4.2

LOT 148 459m² FA

24.2

436m²

HBE2/1003

Lot 98 DP 10451 0.0672

16.6

21.2

Lot 210 DP 10451 0.0728

LOT 146 404m²

14.7

24.2 18.9

LOT 151

16.0

18.1

HBK1/626

12.9

15.9

LOT 145 381m²

4.2

Lot 209 DP 10451 0.0741

ERIK S

21.2

HBA3/1092

HBA3/306

LOT 401 5768m²

12.9

Lot 114 DP 10248 0.0419

16.4

HBA3/306

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

HBA1/525

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 2 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C015

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 1/28/2020 9:58:51 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

Appr. Issued KRC KRC

23/01/2020 FOR APPROVAL

KRC

28/01/2020 FOR APPROVAL

KRC

HBH2/114

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 155 DP 9997 0.0672 HBB4/640

Lot 156 DP 9997 0.0690

Lot 153 DP 9997 0.0839

AN E

Lot 157 DP 9997 0.0786

HBA1/516

HBJ3/948

HBM1/697

Lot 152 DP 9997 0.0819

LOT 18 STAGE 1C

HBF2/1462

Lot 194 DP 9997 0.0753

LOT 17 STAGE 1C

HBB3/848

Lot 195 DP 9997 0.0758 HB200/23

Lot 196 DP 9997 0.0703 HBE1/318

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

HBA3/1263

Lot 193 DP 9997 0.0741

HBA1/619

SS BI

CE A L

HBM1/677

AV EN UE

LOT 19 STAGE 1C

Lot 192 DP 9997 0.0741

Lot 197 DP 9997 0.0687

HBJ3/1004

HBM1/695

HBH4/1235

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

HBM1/694

HBW1/355

HBC4/792

HBE1/551

LOT 505 7.4ha

LOT 14 STAGE 1B

WI LL

Lot 161 DP 9997 0.0789 Lot 201 DP 10396 0.1090

Lot 162 DP 9997 0.0776

LOT 15 STAGE 1B

OW BA

Lot 150 DP 9997 0.1039

Lot 159 DP 9997 0.0814

HBA1/716

Lot 151 DP 9997 0.0753

LOT 16 STAGE 1C

Lot 154 DP 9997 0.0789

HBM1/687

NOTES 1. This plan has been produced for resource consent purposes. Boundaries and dimensions are subject to resource consent approval and land transfer survey. 2. Easements may be required for cross-boundary services. 3. Current Napier City Council Zoning: Main Residential. NCC Planning Maps: I7, I8 and H8. 4. Proposed Amalgamation Conditions: 4.1. "That Lot & 402 & 401 DP (Stage 2 LT#) hereon are to be held in one record of title". 5. Lots 302 & 306 are to vest in the Napier City Council as local purpose reserve upon deposit.

HBA3/48

Lot 12 DP 10375 0.0935

AV E

Lot 23 DP 10192 0.0799

HBJ4/1500

Lot 191 DP 9997 0.0728

HBY1/923

HBM1/676

VEN

HBM1/686

Lot 190 DP 9997 0.0715

Lot 6 DP 28293 0.0603

HBB3/843

Lot 11 DP 10375 0.1464

IEL

HBY1/922

PE RC YS PIL LER

Lot 189 DP 9997 0.0703

SEF

Lot 22 DP 10192 0.2137

HBF4/39

SER VIC EL

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBW1/356

LOT 13 STAGE 1B Lot 1 DP 318389 6.1891

HBD3/1295

71899

Lot 202 DP 9997 0.0693

Lot 163 DP 9997 0.0786

LOT 12 STAGE 1B

HBH2/141

HBJ2/292

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

LOT 11 STAGE 1B

HBA2/1222

Lot 204 DP 9997 0.0703

HBK1/439

40 .0

HBA1/801

8.1

LOT 162 STAGE 2

16 .5

1.7

Lot 379 DP 513468 0.0500

Lot 380 DP 513468 0.0483

Lot 381 DP 513468 0.0483

Lot 382 DP 513468 0.0483

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

10.0

23 .2 23 .2

LOT 38 STAGE 2

LOT 5 STAGE 1A

14.4

HBG3/590

Lot 389 DP 516362 0.0483

804717

804719

804720

Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

795979

0.0

LOT 45 STAGE 2

LOT 42 STAGE 2

795981

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 374 DP 516362 0.0470

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 793429

Lot 373 DP 513468 0.0562

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

LOT 1 STAGE 1A 305 STAGE 2

Drawn

795980

Lot 349 DP 513468 0.0565

LOT 43 STAGE 2

378863

Lot 371 DP 513468 0.0520

Lot 348 DP 513468 0.0544

LOT 44 STAGE 2 Lot 3 DP 394762 6.7380

Lot 372 DP 513468 0.0543

LOT 3 STAGE 1A

LOT 41 STAGE 2

LOT 46 STAGE 2

Date

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

793432

Lot 364 DP 513468 0.0621

793433

Lot 356 DP 513468 0.0604 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 352 DP 513468 0.0544

793427

Date

KRC

795977

Lot 351 DP 513468 0.0544

HBB2/1223

17/12/2018

Checked LOT 4 STAGE 1A

LOT 186 STAGE 2

LOT 47 STAGE 2

Lot 9 DP 6055 2.1650

Lot 388 DP 516362 0.0483

804718

LOT 39 STAGE 2

301 STAGE 2

Lot 93 DP 10451 0.0713

Lot 387 DP 516362 0.0483

LOT 187 STAGE 2

6.0

STAGE 3

HBG2/209

804716

Lot 386 DP 516362 0.0483

KAITUNA PLACE

HBC4/814

Lot 94 DP 10451 0.0733

804715

Lot 385 DP 516362 0.0483

Fieldwork

LOT 188 STAGE 2

Lot 95 DP 10451 0.0713

Lot 384 DP 516362 0.0483

24.2

LOT 6 STAGE 1A

LOT 37 STAGE 2

25.8

HBF4/40

Lot 96 DP 10451 0.0672

LOT 36 STAGE 2

LOT 167 STAGE 2

7.5

3.8

HBK1/825

LOT 7 STAGE 1A

16 .1

LOT 167 410m²

15 15 .4 .4

4.2

20 .5

4.2

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 163 STAGE 2

ERIK S

RO AD 7

17 .1

LOT 166 416m²

LOT 164 371m²

LOT 165 STAGE 2

24 .3

LOT 163 392m²

401 STAGE 2

9.1 1.7 LOT 170 13 LOT 165 16.5 13 .7 .7 477m² LOT 173 2.8 13 374m² LOT 52 .0 LOT 168 LOT 174 15 21 .4 405m² .6 472m² DB LOT 183 16 15 RO LOT 51 366m² .0 400m² .4 STAGE 2 AD LOT 169 9.0 16 DA 16.5 LOT 184 .0 5.0 9 388m² STAGE 2 15 16 359m² LOT 171 LOT 50 .5 .0 16.5 LOT 402 16 .0 CB 388m² 4108m² 364m² 15 16 .3 LOT 49 .0 LOT 179 16 CA STAGE 2 .0 LOT 181 388m² 16 STAGE 2 .6 LOT 48 LOT 182 16 STAGE 2 .0 LOT 185 LOT 306 388m² 11 B STAGE 2 2.0 9938m² 1

4.2

HBK1/977

Lot 97 DP 10451 0.0672

EN R O

.6 .2

16 .0

15 24 .9 .2

23 .5

.6 16

LOT 162 370m²

23 .5

.9 .2 12

21 .2

24 .9

.9 12

.2 15

0 D1

.2 15

LOT 53 365m²

.9 12

8.0

16 .5

RO A

HBE2/1003

Lot 98 DP 10451 0.0672

LOT 8 STAGE 1B

16 .0

LOT 156 384m² EA

24 .2

LOT 157 388m²

15 .2

LOT 54 369m²

97 .0

Lot 210 DP 10451 0.0728

16 .0

LOT 161 370m²

4.2

24 .2

HBK1/626

23 .5

20 .5

24 .2

.6 15

8.0 .2 15

4.2

LOT 55 369m² .2

Lot 209 DP 10451 0.0741

13 7

HBA3/1092

HBA3/306

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

LOT 302 194m² 2 LOT 56 369m²

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

24 .2

LOT 9 STAGE 1B

LOT 160 392m²

4.2

HBA2/1403

HBA3/306

24 .2

23 .5

LOT 57 378m²

HBA3/1372

Lot 207 DP 9997 0.0687

24 .2

Lot 206 DP 9997 0.0687

Lot 118 DP 10451 0.0407

LOT 10 STAGE 1B

24 .2

LOT 58 388m²

HBA1/525

HBD2/756

Lot 205 DP 9997 0.0675

15 .9

Lot 165 DP 9997 0.0784

HBA1/624

Lot 166 DP 9997 0.0682

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 3 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C016

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 1/28/2020 9:58:59 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

23/01/2020 FOR APPROVAL

KRC

28/01/2020 FOR APPROVAL

KRC

HBH2/114

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

HBB4/640

Lot 156 DP 9997 0.0690

Lot 153 DP 9997 0.0839

AN E

Lot 157 DP 9997 0.0786

HBA1/516

HBJ3/948

HBM1/697

Lot 152 DP 9997 0.0819

LOT 18 STAGE 1C

HBF2/1462

Lot 194 DP 9997 0.0753

LOT 17 STAGE 1C

HBB3/848

Lot 195 DP 9997 0.0758 HB200/23

Lot 196 DP 9997 0.0703 HBE1/318

Lot 158 DP 9997 0.0710

Lot 197 DP 9997 0.0687

HBJ3/1004

.0 16 .2

.2 15

.2 24

HBE2/1003

LOT 57 STAGE 3 LOT 170 STAGE 3

402 STAGE 3

HBC4/814

306 STAGE 3

Lot 94 DP 10451 0.0733

LOT 178 STAGE 3

LOT 7 STAGE 1A LOT 36 STAGE 2

13.8

21.2

LOT 181 STAGE 2

LOT 38 STAGE 2

LOT 187 STAGE 2

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

KAITUNA PLACE

Date

Drawn

LOT 185 STAGE 2

LOT 4 STAGE 1A Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

HBG3/590

LOT 47 STAGE 2

LOT 46 STAGE 2

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

795981

LOT 42 STAGE 2

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A

LOT 44 STAGE 2

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 LOT 43 STAGE 2

Lot 375 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 374 DP 516362 0.0470

795980

Lot 348 DP 513468 0.0544 LOT 45 STAGE 2

Lot 373 DP 513468 0.0562

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

793432

Lot 364 DP 513468 0.0621

793433

Lot 356 DP 513468 0.0604 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 352 DP 513468 0.0544

793427

Date

KRC

795977

Lot 351 DP 513468 0.0544

HBB2/1223

17/12/2018

Checked

LOT 41 STAGE 2

Lot 9 DP 6055 2.1650

Lot 382 DP 513468 0.0483

LOT 39 STAGE 2

301 STAGE 2

305 STAGE 2

Lot 381 DP 513468 0.0483

LOT 5 STAGE 1A

795979

378863

Lot 380 DP 513468 0.0483

Fieldwork

LOT 188 STAGE 2

LOT 186 STAGE 2

Lot 3 DP 394762 6.7380

Lot 379 DP 513468 0.0500

LOT 182 STAGE 2

HBG2/209

Lot 93 DP 10451 0.0713

LOT 6 STAGE 1A

LOT 183 STAGE 2 LOT 184 STAGE 2

LOT 179 STAGE 2

ERIK S

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 163 STAGE 2

LOT 37 STAGE 2

LOT 180 STAGE 3

LOT 177 STAGE 2

LOT 52 STAGE 3

21.8

24.2

LOT 165 STAGE 2

18.9

LOT 176 STAGE 3

LOT 53 STAGE 3

Lot 95 DP 10451 0.0713

LOT 149 458m²

18.1

LOT 162 STAGE 2

LOT 175 STAGE 3 LOT 54 STAGE 3

HBF4/40

436m²

401 STAGE 2

LOT 167 STAGE 2

LOT 174 STAGE 3 LOT 55 STAGE 3

Lot 96 DP 10451 0.0672

LOT 150

3.2 4.2

LOT 171 STAGE 3

LOT 56 STAGE 3

HBK1/825

LOT 8 STAGE 1B

15.1

LOT 173 STAGE 3

HBK1/977

Lot 97 DP 10451 0.0672

8.1

4.1

LOT 172 STAGE 3

LOT 169 STAGE 3

Lot 98 DP 10451 0.0672

27 .0

LOT 152 456m² 2

LOT 58 STAGE 3

Lot 210 DP 10451 0.0728

4.2

12.1

HBK1/626

LOT 9 STAGE 1B

EN R O

.3 16 .3

LOT 168 STAGE 3

LOT 141 396m² GA

18.9

LOT 153 415m²

16 .1

LOT 59 STAGE 3

ROA

HBA3/1092

Lot 209 DP 10451 0.0741

387m² GB 15.9

LOT 154 377m² 25 .1

LOT 157 STAGE 4

LOT 138

18.1

7.9

15 .2

LOT 154 STAGE 4

7.9

LOT 153 STAGE 4

LOT 60 STAGE 3

18 .4

18.1

21.8

18.8 24

LOT 155 372m²

15 .9 24 .2

4.0

15 .2

LOT 158 369m²

16.2

PR .9

17.0

15 .2

HBA2/1403

HBA3/306

LOT 10 STAGE 1B

LOT 403 3207m²

LOT 159 375m²

LOT 152 STAGE 4

302 STAGE 3

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

473m²

20 .5

4.2

Lot 207 DP 9997 0.0687

HBA3/306

LOT 61 STAGE 4

HBA3/1372

Lot 118 DP 10451 0.0407

16 16

Lot 206 DP 9997 0.0687

LOT 11 STAGE 1B

LOT 133

19 .5

4.2

LOT 62 STAGE 4

HBA1/525

19 .5

STAGE 4 12

HBD2/756

388m² 24 .2

21 .2

Lot 205 DP 9997 0.0675

LOT 131

LOT 132 364m²

LOT 59 388m²

HBA1/801

Lot 165 DP 9997 0.0784

Lot 204 DP 9997 0.0703

LOT 12 STAGE 1B

24 .2

.0 16

LOT 60 388m²

HBA2/1222

HBK1/439

24 .2

4.2

HBA1/624

HBH2/141

71899

LOT 61 388m²

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

24 .2

Lot 202 DP 9997 0.0693

HBJ2/292

Lot 166 DP 9997 0.0682

Lot 1 DP 318389 6.1891 .0

HBD3/1295

Lot 163 DP 9997 0.0786

LOT 13 STAGE 1B

24 .2

LOT 62 388m²

HBW1/356

AD S

Lot 201 DP 10396 0.1090

HBE1/551

Lot 162 DP 9997 0.0776

LOT 14 STAGE 1B

WI LL

Lot 161 DP 9997 0.0789

HBW1/355

HBC4/792

Lot 160 DP 9997 0.0786

HBM1/694

LOT 15 STAGE 1B

Lot 198 DP 10396 0.1778

HBH4/1235

HBM1/695

6.4ha

OW BA

Lot 150 DP 9997 0.1039

Lot 159 DP 9997 0.0814

LOT 506

HBA1/716

Lot 151 DP 9997 0.0753

LOT 16 STAGE 1C

IVA TE

HBM1/696 Bisson Place

HBA3/1263

Lot 193 DP 9997 0.0741

Lot 155 DP 9997 0.0672

LOT 19 STAGE 1C

Lot 192 DP 9997 0.0741

AV E

HBA1/619

HBM1/677

AV EN UE

SS BI

CE A L

HBA3/48

Lot 12 DP 10375 0.0935

Lot 154 DP 9997 0.0789

HBM1/687

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 23 DP 10192 0.0799

HBM1/676

VEN

HBM1/686

Lot 190 DP 9997 0.0715

Lot 6 DP 28293 0.0603

HBB3/843

Lot 11 DP 10375 0.1464

IEL

HBY1/922

PE RC YS PIL LER

Lot 189 DP 9997 0.0703

SEF

Lot 22 DP 10192 0.2137

HBF4/39

SER VIC EL

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBY1/923

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

Appr. Issued KRC KRC

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 4 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C017

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 1/28/2020 9:59:05 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

23/01/2020 FOR APPROVAL

KRC

28/01/2020 FOR APPROVAL

KRC

HBH2/114

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

AN E

.6 22

LOT 170 STAGE 3

Lot 96 DP 10451 0.0672 HBF4/40

HBC4/814

306 STAGE 3

Lot 94 DP 10451 0.0733

16.0

12.4

16.0

LOT 9 STAGE 1B

EN R O

16.0

17.6

16.0

16.0 24.2

LOT 34 383m²

16.0

11.8

16.0

14.8

24.2

LOT 33 388m²

LOT 8 STAGE 1B

401 STAGE 2 LOT 149 STAGE 4

LOT 165 STAGE 2

ERIK S

LOT 150 STAGE 4

LOT 153 STAGE 4

LOT 178 STAGE 3

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 163 STAGE 2

LOT 7 STAGE 1A LOT 36 STAGE 2

LOT 184 STAGE 2

LOT 179 STAGE 2

LOT 181 STAGE 2

LOT 38 STAGE 2

LOT 187 STAGE 2

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

KAITUNA PLACE

Date

Drawn

LOT 185 STAGE 2

LOT 39 STAGE 2 LOT 4 STAGE 1A Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

HBG3/590

LOT 47 STAGE 2

LOT 46 STAGE 2

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

795981

LOT 42 STAGE 2

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A

LOT 44 STAGE 2

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 LOT 43 STAGE 2

Lot 375 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 374 DP 516362 0.0470

795980

Lot 348 DP 513468 0.0544 LOT 45 STAGE 2

Lot 373 DP 513468 0.0562

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

793432

Lot 364 DP 513468 0.0621

793433

Lot 356 DP 513468 0.0604 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 352 DP 513468 0.0544

793427

Date

KRC

795977

Lot 351 DP 513468 0.0544

HBB2/1223

17/12/2018

Checked

LOT 41 STAGE 2

Lot 9 DP 6055 2.1650

Lot 382 DP 513468 0.0483

LOT 182 STAGE 2

301 STAGE 2

305 STAGE 2

Lot 381 DP 513468 0.0483

LOT 5 STAGE 1A

795979

378863

Lot 380 DP 513468 0.0483

Fieldwork

LOT 188 STAGE 2

LOT 186 STAGE 2

Lot 3 DP 394762 6.7380

Lot 379 DP 513468 0.0500

LOT 183 STAGE 2

LOT 177 STAGE 2

LOT 52 STAGE 3

LOT 6 STAGE 1A

LOT 37 STAGE 2

LOT 180 STAGE 3

HBG2/209

Lot 93 DP 10451 0.0713

ROA

17.0

12.0

15.0

14.9

LOT 144 356m²

LOT 32 388m²

LOT 176 STAGE 3

LOT 53 STAGE 3

Lot 95 DP 10451 0.0713

24.2

4.2

LOT 175 STAGE 3 402 STAGE 3

LOT 143 361m²

LOT 147 STAGE 4

LOT 10 STAGE 1B

24.2

LOT 167 STAGE 2

LOT 174 STAGE 3

LOT 54 STAGE 3

14.9

LOT 144 STAGE 4

LOT 162 STAGE 2

LOT 171 STAGE 3

LOT 55 STAGE 3

24.2

17.0

LOT 11 STAGE 1B

24.2

LOT 31 388m²

21.2

LOT 142 360m²

21.2

LOT 172 STAGE 3

LOT 56 STAGE 3

HBK1/825

LOT 140 391m²

18.2

LOT 173 STAGE 3

HBK1/977

14.9

20.1

15.2

D8 ROA

13.0

LOT 139 394m²

71899

LOT 12 STAGE 1B

24.2

LOT 30 388m²

4.2

STAGE 5

16.9

LOT 29 388m²

LOT 152 STAGE 4

LOT 57 STAGE 3

Lot 97 DP 10451 0.0672

12.4

4.2

HBE2/1003

Lot 98 DP 10451 0.0672

21.7

.0 24

12.6

13.3

LOT 154 STAGE 4

LOT 58 STAGE 3 LOT 169 STAGE 3

LOT 404 5374m²

Lot 1 DP 318389 6.1891

24.2

21.2

LOT 168 STAGE 3

Lot 210 DP 10451 0.0728

LOT 116 436m²

22.0

4.4

LOT 59 STAGE 3

HBK1/626

25.0

LOT 13 STAGE 1B

16.0

14.0

LOT 117 406m² IA

LOT 115 448m²

LOT 154 STAGE 4 LOT 157 STAGE 4

Lot 209 DP 10451 0.0741

13.0

LOT 153 STAGE 4

LOT 60 STAGE 3

HBA3/1092

HBA3/306

4.7

.0 15

LOT 155 STAGE 4

HBA2/1403

LOT 158 STAGE 4

LOT 152 STAGE 4

302 STAGE 3

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

LOT 120 373m² IB

3.9

Lot 207 DP 9997 0.0687

HBA3/306

24 .6

LOT 136 387m²

LOT 137 25 435m² .7

403 STAGE 4

LOT 159 STAGE 4

LOT 61 STAGE 4

HBA3/1372

Lot 118 DP 10451 0.0407

4.1

RO A

19 .5

LOT 135 362m²

26 .6

Lot 206 DP 9997 0.0687

.7 14

.2 12

LOT 133 STAGE 4

LOT 62 STAGE 4

HBA1/525

.55

4.2

HBD2/756

356m² 16

LOT 134 433m²

LOT 132 STAGE 4

LOT 59 STAGE 4

Lot 205 DP 9997 0.0675

19 .5

LOT 60 STAGE 4

40 .0

HBA1/801

Lot 165 DP 9997 0.0784

LOT 131 STAGE 4

.0 64

HBA2/1222

Lot 204 DP 9997 0.0703

HBK1/439

LOT 130 365m²

4.5

HBA1/624

HBH2/141

Lot 164 DP 9997 0.0725

21 .2

LOT 61 STAGE 4

Lot 203 DP 9997 0.0718

24.2

LOT 28 388m²

15.4

4.7

LOT 62 STAGE 4

Lot 202 DP 9997 0.0693

LOT 14 STAGE 1B

15 LOT 125 .4 348m² LOT 124 15 .4 HB 15 348m² .4 HA LOT 121

HBJ2/292

Lot 166 DP 9997 0.0682

4.2

HBD3/1295

Lot 163 DP 9997 0.0786

0.5

LOT 63 388m²

23 .5

LOT 129 354m² 2

HBW1/356

4.2

LOT 303 194m² 2 4.2

LOT 128 347m²

Lot 201 DP 10396 0.1090

LOT 64 378m² 2

15 .6

WI LL

HBE1/551

Lot 162 DP 9997 0.0776

24 .2

LOT 15 STAGE 1B

4.2

Lot 161 DP 9997 0.0789

24 .2

HBW1/355

HBC4/792

24 .2

LOT 65 388m²

Lot 160 DP 9997 0.0786

HBM1/694

8.0

Lot 198 DP 10396 0.1778

HBH4/1235

HBM1/695

OW BA

Lot 150 DP 9997 0.1039

LOT 307 7344m²

HBA1/716

Lot 159 DP 9997 0.0814

Lot 197 DP 9997 0.0687

HBJ3/1004

Lot 151 DP 9997 0.0753

LOT 16 STAGE 1C

HBE1/318

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

64 .0

HB200/23

Lot 196 DP 9997 0.0703

HBJ3/948

Lot 152 DP 9997 0.0819

16 .0

Lot 157 DP 9997 0.0786

HBA1/516

HBM1/697

LOT 17 STAGE 1C

HBB3/848

Lot 195 DP 9997 0.0758

8.0

Lot 153 DP 9997 0.0839

LOT 18 STAGE 1C

Lot 194 DP 9997 0.0753

Lot 156 DP 9997 0.0690

LOT 507 4.0ha

HBF2/1462

HBB4/640

40 .0

Lot 155 DP 9997 0.0672

HBA3/1263

Lot 193 DP 9997 0.0741

3.6

HBA1/619

SS BI

CE A L

HBM1/677

AV EN UE

LOT 19 STAGE 1C

Lot 192 DP 9997 0.0741

AV E

HBM1/687

NOTES 1. This plan has been produced for resource consent purposes. Boundaries and dimensions are subject to resource consent approval and land transfer survey. 2. Easements may be required for cross-boundary services. 3. Current Napier City Council Zoning: Main Residential. NCC Planning Maps: I7, I8 and H8. 4. Proposed Amalgamation Conditions: 4.1. "That Lot 404 Lot 403 DP (Stage 4 LT#) & Lot 402 DP (Stage 3 LT#) & Lot 401 DP (Stage 2 LT#) hereon are to be held in one record of title". 5. Lots 303 & 307 is to vest in the Napier City Council as local purpose reserve upon deposit.

HBA3/48

Lot 12 DP 10375 0.0935

Lot 154 DP 9997 0.0789

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 23 DP 10192 0.0799

HBM1/676

VEN

HBM1/686

Lot 190 DP 9997 0.0715

Lot 6 DP 28293 0.0603

HBB3/843

Lot 11 DP 10375 0.1464

IEL

HBY1/922

PE RC YS PIL LER

Lot 189 DP 9997 0.0703

SEF

Lot 22 DP 10192 0.2137

HBF4/39

SER VIC EL

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBY1/923

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

Appr. Issued KRC KRC

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 5 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C018

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 4/14/2020 9:01:56 AM BY : SIMON JONES

Lot 186 DP 9997 0.0748

HBM1/672

HBH2/114

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

UE VEN

16 .0

Lot 207 DP 9997 0.0687

16 .0

15 .0

LOT 153 STAGE 4

LOT 170 STAGE 3

402 STAGE 3

15.6

.3 15

m²

239 17 .1

23.7

4.7

LOT 140 STAGE 5

LOT 142 STAGE 5

LOT 33 STAGE 5

LOT 154 STAGE 4

LOT 34 STAGE 5

LOT 9 STAGE 1B

LOT 8 STAGE 1B

401 STAGE 2

LOT 150 STAGE 4

LOT 153 STAGE 4

LOT 149 STAGE 4

LOT 165 STAGE 2

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 163 STAGE 2

LOT 7 STAGE 1A LOT 36 STAGE 2

LOT 176 STAGE 3 LOT 178 STAGE 3

LOT 184 STAGE 2

LOT 179 STAGE 2

LOT 181 STAGE 2

LOT 182 STAGE 2

LOT 38 STAGE 2

LOT 187 STAGE 2

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

LOT 185 STAGE 2

HURUNUI DRIVE

LOT 4 STAGE 1A Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

HBG3/590

LOT 47 STAGE 2

LOT 46 STAGE 2

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

Drawn

795981

LOT 42 STAGE 2

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A

LOT 44 STAGE 2

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 LOT 43 STAGE 2

Lot 374 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 373 DP 513468 0.0562

793432

Lot 351 DP 513468 0.0544

17/12/2018

KAITU 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

NA PL A

Lot 356 DP 513468 0.0604

Lot 352 DP 513468 0.0544

793427

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

KRC

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS

795977

793433

HBB2/1223

Lot 368 DP 513468 0.0469

Date

795980

Lot 348 DP 513468 0.0544 LOT 45 STAGE 2

Date

Checked

LOT 41 STAGE 2

Lot 9 DP 6055 2.1650

Lot 382 DP 513468 0.0483

LOT 39 STAGE 2

301 STAGE 2

305 STAGE 2

Lot 381 DP 513468 0.0483

LOT 5 STAGE 1A

795979

378863

Lot 380 DP 513468 0.0483

Fieldwork

LOT 188 STAGE 2

LOT 186 STAGE 2

Lot 3 DP 394762 6.7380

Lot 379 DP 513468 0.0500

LOT 183 STAGE 2

LOT 177 STAGE 2

LOT 52 STAGE 3

LOT 6 STAGE 1A

LOT 37 STAGE 2

LOT 180 STAGE 3

HBG2/209

Lot 93 DP 10451 0.0713

LOT 10 STAGE 1B

LOT 143 STAGE 5

LOT 147 STAGE 4

LOT 167 STAGE 2

LOT 53 STAGE 3

306 STAGE 3

LOT 11 STAGE 1B LOT 31 STAGE 5

LOT 144 STAGE 5

LOT 175 STAGE 3 LOT 54 STAGE 3

LOT 12 STAGE 1B

LOT 30 STAGE 5

LOT 32 STAGE 5

LOT 162 STAGE 2

LOT 174 STAGE 3 LOT 55 STAGE 3

71899

LOT 29 STAGE 5

LOT 154 STAGE 4

LOT 171 STAGE 3

LOT 56 STAGE 3

HBC4/814

LO T4

15 .6

LOT 139 STAGE 5

LOT 173 STAGE 3

HBK1/977

Lot 1 DP 318389 6.1891

LOT 115 STAGE 5

LOT 152 STAGE 4

LOT 57 STAGE 3

Lot 94 DP 10451 0.0733

LOT 13 STAGE 1B

404 STAGE 5

LOT 136 STAGE 5

LOT 172 STAGE 3

LOT 169 STAGE 3

Lot 95 DP 10451 0.0713

LOT 28 STAGE 5

LOT 116 STAGE 5

LOT 58 STAGE 3

HBF4/40

LOT 14 STAGE 1B

LOT 137 STAGE 5

LOT 155 STAGE 4

HBK1/626

LOT 158 STAGE 4

LOT 168 STAGE 3

Lot 96 DP 10451 0.0672

LOT 134 STAGE 5

LOT 59 STAGE 3

HBK1/825

LOT 144 STAGE 4

HBA3/1092

Lot 97 DP 10451 0.0672

LOT 15 STAGE 1B

LOT 117 STAGE 5

LOT 157 STAGE 4

HBE2/1003

31 .0

LOT 120 STAGE 5

403 STAGE 4

LOT 152 STAGE 4

LOT 60 STAGE 3

Lot 98 DP 10451 0.0672

15 LOT 122 .4 358m² JB 16 .1 LOT 119 15 .7 JA 323m² LOT 118 15 .4 360m²

LOT 132 STAGE 4

LOT 159 STAGE 4

HBA2/1403

Lot 210 DP 10451 0.0728

15 .2 22 .6

16 .0

.3 12 .0 16

.0 16

12 .2

LOT 133 STAGE 4

302 STAGE 3

Lot 209 DP 10451 0.0741

LOT 135 STAGE 5

LOT 61 STAGE 4

HBA3/1372

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: \\dnlfs01\Projects\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R5.dwg

Lot 206 DP 9997 0.0687

HBA3/306

KRC

EN R O

HBA1/525

Lot 114 DP 10248 0.0419

344m²

LOT 108 446m²

LOT 109 14 .6 374m² LOT 110 LB 13 397m² .2 LA

LOT 121 STAGE 5

LOT 131 STAGE 4

LOT 62 STAGE 4

Lot 208 DP 10451 0.0741

LOT 130 STAGE 5

LOT 59 STAGE 4

HBA1/801

Lot 205 DP 9997 0.0675

HBA3/306

14/04/2020 FOR APPROVAL

ERIK S

Lot 204 DP 9997 0.0703

Lot 118 DP 10451 0.0407

RO A

15 .2

LOT 124 STAGE 5

LOT 60 STAGE 4

HBA2/1222

HBD2/756

15 .2

LOT 125 STAGE 5

LOT 61 STAGE 4

HBH2/141

Lot 165 DP 9997 0.0784

4.2

LOT 62 STAGE 4

Lot 203 DP 9997 0.0718

HBK1/439

LOT 129 STAGE 5

HBJ2/292

HBA1/624

LOT 126 344m² LOT 123

LOT 63 STAGE 5

Lot 202 DP 9997 0.0693

Lot 164 DP 9997 0.0725

LOT 128 STAGE 5

303 STAGE 5

HBD3/1295

Lot 163 DP 9997 0.0786

16 LOT 101 .0 370m² LOT 102 KB 16 366m² .0 KA

23 .5

LOT 16 STAGE 1C

4.2

LOT 127 355m²

31 .9

16.0

HBW1/356

Lot 201 DP 10396 0.1090

21 .2

LOT 103 488m²

HBE1/551

Lot 162 DP 9997 0.0776

24 .2 24 .2

LOT 100 367m²

STAGE 6

LOT 64 STAGE 5

WI LL

Lot 161 DP 9997 0.0789

LOT 405 2193m²

LOT 99 389m²

HBW1/355

HBC4/792

16 .0

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

LOT 65 STAGE 5

OW BA

HBH4/1235

307 STAGE 5

LOT 17 STAGE 1C

4.2

HBM1/695

24 .2

LOT 66 388m²

HBA1/716

Lot 159 DP 9997 0.0814

LOT 67 388m²

HBE1/318

24 .2

HB200/23

Lot 197 DP 9997 0.0687

HBJ3/1004

Lot 151 DP 9997 0.0753

24 24 .2 .2

LOT 68 388m²

Lot 195 DP 9997 0.0758

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

388m²

HBB3/848

Lot 152 DP 9997 0.0819

LOT 69

Lot 194 DP 9997 0.0753

RO AD

HBJ3/948

24 .2

AN E

Lot 157 DP 9997 0.0786

HBA1/516

LOT 18 STAGE 1C

HBF2/1462

Lot 156 DP 9997 0.0690

HBA3/1263

Lot 193 DP 9997 0.0741

16 .0

HBB4/640

HBM1/677

LOT 19 STAGE 1C

Lot 192 DP 9997 0.0741

Lot 155 DP 9997 0.0672

Lot 153 DP 9997 0.0839

Lot 166 DP 9997 0.0682

NOTES 1. This plan has been produced for resource consent purposes. Boundaries and dimensions are subject to resource consent approval and land transfer survey. 2. Easements may be required for cross-boundary services. 3. Current Napier City Council Zoning: Main Residential. NCC Planning Maps: I7, I8 and H8. 4. Proposed Amalgamation Conditions: 4.1. "That Lot 405 & Lot 404 DP (Stage 5 LT#) & Lot 403 DP (Stage 4 LT#) & Lot 402 DP (Stage 3 LT#) & Lot 401 DP (Stage 2 LT#) hereon are to be held in one record of title". 4.2. "That Lot 417 hereon (Legal Access) be held in two undivided one half shares by the owners of Lots 103 & 108 hereon as tenants in common in the said shares and that individual records of title be issued in accordance herewith."

LOT 508 3.0680ha

HBA3/48

Lot 12 DP 10375 0.0935

HBA1/619

HBM1/694

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 154 DP 9997 0.0789

HBM1/676

AV EN UE

HBM1/697

Lot 150 DP 9997 0.1039

KRC

HBB3/843

AV E

28/01/2020 FOR APPROVAL

Lot 190 DP 9997 0.0715

4.2

SS BI

HBG2/478

Lot 11 DP 10375 0.1464

IEL

HBY1/923

CE A L

Lot 189 DP 9997 0.0703

SEF

Lot 6 DP 28293 0.0603

HBM1/687

KRC

HBF4/39

SER VIC EL

HBY1/922

PE RC YS PIL LER

Lot 23 DP 10192 0.0799

23/01/2020 FOR APPROVAL

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBM1/686

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 22 DP 10192 0.2137

Appr. Issued KRC KRC

793437

Lot 354 DP 513468 0.0527

Lot 364 DP 513468 0.0621

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 362 DP 513468 0.0526

16 & 18 WILLOWBANK AVE TE AWA, NAPIER STAGE 6 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C019

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873 40

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

Lot 186 DP 9997 0.0748

HBM1/672

HBH2/114

HBW1/356

HBA2/1222

HBD2/756

Lot 206 DP 9997 0.0687 HBA3/1372

LOT 153 STAGE 4

LOT 60 STAGE 3

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

HBE2/1003

LOT 170 STAGE 3

14/04/2020 FOR APPROVAL

KRC

Lot 96 DP 10451 0.0672 HBF4/40

HBC4/814

306 STAGE 3

Lot 94 DP 10451 0.0733

.0 16

12.8

14.8

LOT 178 STAGE 3

LOT 33 STAGE 5

LOT 9 STAGE 1B

LOT 8 STAGE 1B

LOT 165 STAGE 2

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 7 STAGE 1A LOT 36 STAGE 2

LOT 184 STAGE 2

LOT 181 STAGE 2

LOT 182 STAGE 2

LOT 38 STAGE 2

LOT 187 STAGE 2

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

LOT 185 STAGE 2

HURUNUI DRIVE

LOT 4 STAGE 1A Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

HBG3/590

LOT 47 STAGE 2

LOT 46 STAGE 2

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

Drawn

795981

LOT 42 STAGE 2

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A

LOT 44 STAGE 2

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 LOT 43 STAGE 2

Lot 374 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 373 DP 513468 0.0562

793432

Lot 351 DP 513468 0.0544

17/12/2018

KAITU 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

NA PL A

Lot 356 DP 513468 0.0604

Lot 352 DP 513468 0.0544

793427

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

KRC

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS

795977

793433

HBB2/1223

Lot 368 DP 513468 0.0469

Date

795980

Lot 348 DP 513468 0.0544 LOT 45 STAGE 2

Date

Checked

LOT 41 STAGE 2

Lot 9 DP 6055 2.1650

Lot 382 DP 513468 0.0483

LOT 39 STAGE 2

301 STAGE 2

305 STAGE 2

Lot 381 DP 513468 0.0483

LOT 5 STAGE 1A

795979

378863

Lot 380 DP 513468 0.0483

Fieldwork

LOT 188 STAGE 2

LOT 186 STAGE 2

Lot 3 DP 394762 6.7380

Lot 379 DP 513468 0.0500

LOT 183 STAGE 2

LOT 177 STAGE 2 LOT 179 STAGE 2

LOT 6 STAGE 1A

LOT 37 STAGE 2

LOT 180 STAGE 3

LOT 143 STAGE 5

LOT 147 STAGE 4

LOT 149 STAGE 4

LOT 163 STAGE 2

17.00

16.0

LOT 10 STAGE 1B

401 STAGE 2

LOT 150 STAGE 4

17.8

16.0

13.0

D1 ROA

16.0

10.4

7.4

LOT 142 STAGE 5

LOT 176 STAGE 3

LOT 52 STAGE 3

16.0

10.4

24.2

16.0

9.6

16.0

24 .2

15.9

24 .2

15 .4

LOT 140 STAGE 5

LOT 34 STAGE 5

HBG2/209

Lot 93 DP 10451 0.0713

15.3

24 .2

16 .0 .2 15 24.2

24.2

14.2

.2 12 16

LOT 11 STAGE 1B LOT 31 STAGE 5

LOT 167 STAGE 2

LOT 53 STAGE 3

Lot 95 DP 10451 0.0713

LOT 30 STAGE 5

LOT 154 STAGE 4

LOT 175 STAGE 3 402 STAGE 3

LOT 12 STAGE 1B

LOT 144 STAGE 5

LOT 162 STAGE 2

LOT 174 STAGE 3

LOT 54 STAGE 3

71899

LOT 29 STAGE 5

LOT 154 STAGE 4

LOT 171 STAGE 3

LOT 55 STAGE 3

LOT 13 STAGE 1B Lot 1 DP 318389 6.1891

LOT 32 STAGE 5

LOT 153 STAGE 4

LOT 15 STAGE 1B

LOT 115 STAGE 5

LOT 137 STAGE 5

LOT 172 STAGE 3

LOT 56 STAGE 3

HBK1/825

D1 0 RO A 13

15 .2

8.0 15 .2

LOT 139 STAGE 5

LOT 173 STAGE 3

HBK1/977

Lot 97 DP 10451 0.0672

24.2

LOT 28 STAGE 5

404 STAGE 5

LOT 136 STAGE 5

RY 2

LOT 14 STAGE 1B

LOT 27 388m²

LOT 152 STAGE 4

LOT 57 STAGE 3

Lot 98 DP 10451 0.0672

24.2

LOT 116 STAGE 5

LOT 58 STAGE 3 LOT 169 STAGE 3

21.2

LOT 26 388m²

3.7

LOT 134 STAGE 5

LOT 158 STAGE 4

LOT 168 STAGE 3

Lot 210 DP 10451 0.0728

LOT 111 404m²

LOT 16 STAGE 1C

LOT 25 383m² 24.2

LOT 118 STAGE 6

LOT 59 STAGE 3

HBK1/626

LOT 112 388m²

ENT

4.2

LOT 117 STAGE 5

LOT 157 STAGE 4

Lot 209 DP 10451 0.0741

LOT 114 388m²

LOT 119 STAGE 6

LOT 144 STAGE 4

HBA3/1092

HBA3/306

21.2

LOT 24 427m² 21.2

LOT 120 STAGE 5

LOT 155 STAGE 4

302 STAGE 3

LOT 113 363m²

LOT 121 STAGE 5

403 STAGE 4

LOT 152 STAGE 4

21 .1

24.2 24.2

LOT 132 STAGE 4

LOT 159 STAGE 4

STAGE 7

24.2

LOT 122 STAGE 6

LOT 133 STAGE 4

HBA2/1403

HBA3/306

LOT 108 STAGE 6

LOT 17 STAGE 1C 24.2

3.7

LOT 107 420m²

LOT 110 STAGE 6

LOT 135 STAGE 5

LOT 61 STAGE 4

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

LOT 126 STAGE 6

LOT 124 STAGE 5

LOT 131 STAGE 4

LOT 62 STAGE 4

LOT 87 469m² NA 29

LOT 109 STAGE 6

LOT 130 STAGE 5

LOT 18 STAGE 1C

19 .8

LOT 125 STAGE 5

LOT 59 STAGE 4

HBA1/525

LOT 123 STAGE 6

LOT 60 STAGE 4

HBA1/801

LOT 129 STAGE 5

LOT 61 STAGE 4

Lot 205 DP 9997 0.0675

15 .2 LOT 105 369m² LOT 106 15 .2 369m²

LOT 101 STAGE 6

LOT 128 STAGE 5

LOT 62 STAGE 4

HBH2/141

Lot 165 DP 9997 0.0784

LOT 100 STAGE 6

LOT 63 STAGE 5

Lot 204 DP 9997 0.0703

LOT 86 421m² 29

LOT 127 STAGE 6

303 STAGE 5

Lot 203 DP 9997 0.0718

HBK1/439

AD 3

16.0

LOT 65 STAGE 5

HBJ2/292

HBA1/624

LOT 104 370m²

LOT 102 STAGE 6

LOT 64 STAGE 5

Lot 202 DP 9997 0.0693

Lot 164 DP 9997 0.0725

Lot 201 DP 10396 0.1090

16.0

307 STAGE 5

HBD3/1295

Lot 166 DP 9997 0.0682

EN R O

HBE1/551

Lot 162 DP 9997 0.0776

LOT 98 388m²

LOT 66 STAGE 6

WI LL

Lot 161 DP 9997 0.0789

Lot 163 DP 9997 0.0786

KRC

ERIK S

HBW1/355

HBC4/792

LOT 88 402m² MA

16.0

Lot 160 DP 9997 0.0786

HBM1/694

LOT 97 365m²

LOT 91 402m²

16.5

Lot 198 DP 10396 0.1778

LOT 92 402m²

14.1

HBH4/1235

LOT 19 STAGE 1C

15 .2

405 STAGE 6

HBM1/695

LOT 406 5035m²

LOT 103 STAGE 6

OW BA

Lot 150 DP 9997 0.1039

Lot 159 DP 9997 0.0814

28/01/2020 FOR APPROVAL

NOTES 1. This plan has been produced for resource consent purposes. Boundaries and dimensions are subject to resource consent approval and land transfer survey. 2. Easements may be required for cross-boundary services. 3. Current Napier City Council Zoning: Main Residential. NCC Planning Maps: I7, I8 and H8. 4. Proposed Amalgamation Conditions: 4.1. "That Lot 406 & Lot 405 DP (Stage 6 LT#) & Lot 404 DP (Stage 5 LT#) & Lot 403 DP (Stage 4 LT#) & Lot 402 DP (Stage 3 LT#) & Lot 401 DP (Stage 2 LT#) hereon are to be held in one record of title". 5. Lot 304 & 308 is to vest in the Napier City Council as local purpose reserve upon deposit.

LOT 99 STAGE 6

LOT 67 STAGE 6

HBE1/318

24 .2

ST AG E

HB200/23

15 .2

15 .2 15 .2 8.0

LOT 68 STAGE 6

Lot 195 DP 9997 0.0758

HBA1/716

Lot 151 DP 9997 0.0753

15 .2

15 .5

LOT 69 STAGE 6

Lot 194 DP 9997 0.0753

OA DS

UE HBF2/1462

Lot 197 DP 9997 0.0687

HBJ3/1004

4.2

LOT 70 375m²

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

Lot 193 DP 9997 0.0741

24 .2

HBB3/848

Lot 152 DP 9997 0.0819

LOT 96 389m²

4.2

HBJ3/948

LOT 71 369m²

HBA3/1263

15 .5

AN E

Lot 157 DP 9997 0.0786

HBA1/516

HBM1/697

LOT 304 194m² 2 4.2

LOT 95 388m²

41 7

Lot 153 DP 9997 0.0839

24 .2

16.0

Lot 156 DP 9997 0.0690

4.2 .2

LOT 72 369m²

PR IVA TE R

HBB4/640

HBM1/677

AV EN UE

Lot 192 DP 9997 0.0741

Lot 155 DP 9997 0.0672

Lot 12 DP 10375 0.0935

AV E

HBA1/619

LOT 509 1.0470ha

4.6

SS BI

CE A L

LOT 308 5255m²

HBA3/48

Lot 154 DP 9997 0.0789

HBM1/687

Lot 191 DP 9997 0.0728

VEN

Lot 23 DP 10192 0.0799

HBJ4/1500

HBY1/923

HBM1/676

IEL

Lot 6 DP 28293 0.0603

Lot 190 DP 9997 0.0715

24 .2

LOT 73 369m² 2

HBB3/843

Lot 11 DP 10375 0.1464

4.2

PE RC YS PIL LER

Lot 189 DP 9997 0.0703

SEF

HBY1/922

HBF4/39

SER VIC EL

Lot 22 DP 10192 0.2137

KRC

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

23/01/2020 FOR APPROVAL

22 6.1

Lot 1 DP 28293 0.0596

Lot 10 DP 10192 0.1224

Appr. Issued KRC KRC

6.1

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

HBM1/686

Description Rev Date 1 17/12/2018 FOR APPROVAL

Pt Section 92 Blk VIII Heretaunga SD 0.0916

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 4/14/2020 9:01:41 AM BY : SIMON JONES

793437

Lot 354 DP 513468 0.0527

Lot 364 DP 513468 0.0621

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 7 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C020

Size

A3 Revision

LD P

EE T

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

HBH4/1235

Lot 198 DP 10396 0.1778 HBW1/355

HBC4/792

HBE1/551

Lot 201 DP 10396 0.1090 HBW1/356

LOT 65 STAGE 5

HBH2/141

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

HBA1/624

Lot 204 DP 9997 0.0703

Lot 205 DP 9997 0.0675

HBD2/756

HBA1/525

Lot 206 DP 9997 0.0687 HBA3/1372

LOT 153 STAGE 4

LOT 60 STAGE 3

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

LOT 136 STAGE 5

NORTH

.8 14

LOT 139 STAGE 5

LOT 168 STAGE 3

HBE2/1003

LOT 170 STAGE 3

Lot 96 DP 10451 0.0672

LOT 149 STAGE 4

HBF4/40

402 STAGE 3

LOT 178 STAGE 3

HBC4/814

306 STAGE 3

Lot 94 DP 10451 0.0733

24 .2

24.2

.2 24

24 .2

LOT 184 STAGE 2

LOT 179 STAGE 2 LOT 52 STAGE 3

LOT 181 STAGE 2

13.0

16.3

24 .2

ROA D

16.3

LOT 6 STAGE 1A

LOT 38 STAGE 2

LOT 187 STAGE 2

Lot 382 DP 513468 0.0483

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

KAITUNA PLACE

Date

Drawn

LOT 185 STAGE 2

LOT 39 STAGE 2 LOT 4 STAGE 1A Lot 370 DP 513468 0.0462

LOT 40 STAGE 2

HBG3/590

LOT 47 STAGE 2

LOT 46 STAGE 2

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

795981

LOT 42 STAGE 2

Lot 349 DP 513468 0.0565

LOT 3 STAGE 1A

LOT 44 STAGE 2

793429

LOT 1 STAGE 1A

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544 LOT 43 STAGE 2

Lot 375 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 374 DP 516362 0.0470

795980

Lot 348 DP 513468 0.0544 LOT 45 STAGE 2

Lot 373 DP 513468 0.0562

Lot 368 DP 513468 0.0469

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

793432

Lot 364 DP 513468 0.0621

793433

Lot 356 DP 513468 0.0604 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 352 DP 513468 0.0544

793427

Date

KRC

795977

Lot 351 DP 513468 0.0544

HBB2/1223

17/12/2018

Checked

LOT 41 STAGE 2

305 STAGE 2

Lot 381 DP 513468 0.0483

LOT 182 STAGE 2

301 STAGE 2

378863

Lot 380 DP 513468 0.0483

LOT 5 STAGE 1A

795979

Lot 3 DP 394762 6.7380

Lot 379 DP 513468 0.0500

Fieldwork

LOT 188 STAGE 2

LOT 186 STAGE 2

Lot 9 DP 6055 2.1650

16.3

.2 24

LOT 7 STAGE 1A LOT 36 STAGE 2

LOT 183 STAGE 2

HBG2/209

Lot 93 DP 10451 0.0713

24 .2

.2 16

LOT 35 STAGE 2

LOT 166 STAGE 2

LOT 163 STAGE 2

LOT 37 STAGE 2

LOT 180 STAGE 3

LOT 177 STAGE 2

LOT 53 STAGE 3

Lot 95 DP 10451 0.0713

LOT 8 STAGE 1B

LOT 165 STAGE 2

LOT 176 STAGE 3

LOT 175 STAGE 3 LOT 54 STAGE 3

LOT 9 STAGE 1B

401 STAGE 2

LOT 150 STAGE 4

LOT 153 STAGE 4

LOT 167 STAGE 2

LOT 174 STAGE 3 LOT 55 STAGE 3

LOT 33 STAGE 5

LOT 34 STAGE 5

LOT 162 STAGE 2

LOT 171 STAGE 3

LOT 56 STAGE 3

HBK1/825

LOT 10 STAGE 1B

LOT 143 STAGE 5

LOT 147 STAGE 4

LOT 154 STAGE 4

LOT 173 STAGE 3

HBK1/977

Lot 97 DP 10451 0.0672

LOT 142 STAGE 5

LOT 152 STAGE 4

LOT 57 STAGE 3

Lot 98 DP 10451 0.0672

LOT 140 STAGE 5

LOT 144 STAGE 5

LOT 172 STAGE 3

LOT 169 STAGE 3

LOT 11 STAGE 1B LOT 31 STAGE 5

LOT 32 STAGE 5

LOT 58 STAGE 3

Lot 210 DP 10451 0.0728

LOT 30 STAGE 5

LOT 137 STAGE 5

LOT 59 STAGE 3

Lot 209 DP 10451 0.0741 HBK1/626

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R3.dwg

LOT 116 STAGE 5

LOT 154 STAGE 4 LOT 157 STAGE 4

71899

LOT 12 STAGE 1B

404 STAGE 5

LOT 158 STAGE 4

HBA3/1092

HBA3/306

Lot 1 DP 318389 6.1891 LOT 29 STAGE 5

LOT 134 STAGE 5

LOT 155 STAGE 4

HBA2/1403

HBA3/306

LOT 13 STAGE 1B

LOT 115 STAGE 5 LOT 117 STAGE 5

LOT 144 STAGE 4

LOT 152 STAGE 4

LOT 28 STAGE 5

LOT 120 STAGE 5

403 STAGE 4

LOT 159 STAGE 4

302 STAGE 3

LOT 118 STAGE 6 LOT 121 STAGE 5

LOT 133 STAGE 4

LOT 14 STAGE 1B

LOT 27 STAGE 7 LOT 119 STAGE 6

LOT 132 STAGE 4

LOT 61 STAGE 4

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

LOT 111 STAGE 7

LOT 135 STAGE 5

LOT 62 STAGE 4

LOT 15 STAGE 1B

LOT 122 STAGE 6

LOT 130 STAGE 5

LOT 59 STAGE 4

HBA1/801

Lot 165 DP 9997 0.0784

LOT 25 STAGE 7

LOT 112 STAGE 7 LOT 26 STAGE 7

LOT 124 STAGE 5

LOT 60 STAGE 4

HBA2/1222

HBK1/439

LOT 16 STAGE 1C

LOT 114 STAGE 7

LOT 110 STAGE 6

LOT 125 STAGE 5

LOT 131 STAGE 4

LOT 17 STAGE 1C

LOT 108 STAGE 6

LOT 123 STAGE 6

LOT 61 STAGE 4

24.2

PALOT 23 396m²

LOT 113 STAGE 7

LOT 126 STAGE 6

LOT 63 STAGE 5

Lot 202 DP 9997 0.0693

LOT 18 STAGE 1C

LOT 22 PB 396m²

LOT 24 STAGE 7

LOT 109 STAGE 6

LOT 129 STAGE 5

HBJ2/292

Lot 166 DP 9997 0.0682

LOT 101 STAGE 6

LOT 128 STAGE 5

LOT 62 STAGE 4

LOT 19 STAGE 1C

24.2

LOT 86 STAGE 7

LOT 107 STAGE 7

LOT 127 STAGE 6

303 STAGE 5

NOTES 1. This plan has been produced for resource consent purposes. Boundaries and dimensions are subject to resource consent approval and land transfer survey. 2. Easements may be required for cross-boundary services. 3. Current Napier City Council Zoning: Main Residential. NCC Planning Maps: I7, I8 and H8. 4. Proposed Amalgamation Conditions: 4.1. "That Lot 407 & Lot 406 DP (Stage 7 LT#) & Lot 405 DP (Stage 6 LT#) & Lot 404 DP (Stage 5 LT#) & Lot 403 DP (Stage 4 LT#) & Lot 402 DP (Stage 3 LT#) & Lot 401 DP (Stage 2 LT#) hereon are to be held in one record of title".

21.3

OALOT 21 391m²

LOT 106 STAGE 7

LOT 102 STAGE 6

LOT 64 STAGE 5

HBD3/1295

Lot 163 DP 9997 0.0786

LOT 85 413m² 25

LOT 100 STAGE 6

LOT 66 STAGE 6

307 STAGE 5

4.3

LOT 87 STAGE 7

LOT 99 STAGE 6

405 STAGE 6

WI LL

Lot 161 DP 9997 0.0789

Lot 162 DP 9997 0.0776

6.9

HBE1/318

Lot 160 DP 9997 0.0786

HBM1/694

LOT 88 STAGE 7

LOT 103 STAGE 6

HBM1/695

6.8

LOT 89 402m²

LOT 105 STAGE 7

LOT 67 STAGE 6

OW BA

Lot 150 DP 9997 0.1039

Lot 159 DP 9997 0.0814

LOT 90 402m²

LOT 20 OB 567m²

16 .5

14.9

UE HB200/23

LOT 84 412m²

LOT 104 STAGE 7

LOT 98 STAGE 7

LOT 68 STAGE 6

HBA1/716

Lot 151 DP 9997 0.0753

406 STAGE 7

HBB3/848

Lot 197 DP 9997 0.0687

HBJ3/1004

LOT 93 402m²

LOT 83 412m²

LOT 97 STAGE 7

Lot 195 DP 9997 0.0758

17 .0

LOT 82 STAGE 7

LOT 70 STAGE 7

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

16 .5

LOT 69 STAGE 6

KRC

Lot 152 DP 9997 0.0819

RO .5

LOT 91 STAGE 7

Lot 194 DP 9997 0.0753

28/01/2020 FOR APPROVAL

EN R O

HBJ3/948

AN E

Lot 157 DP 9997 0.0786

HBA1/516

HBM1/697

LOT 96 STAGE 7

HBF2/1462

ERIK S

Lot 153 DP 9997 0.0839

LOT 95 STAGE 7

Lot 156 DP 9997 0.0690

LOT 94 389m²

ST AG E

HBB4/640

2428m²

41 7

Lot 155 DP 9997 0.0672

LOT 71 STAGE 7

HBA1/619

SS BI

CE A L

4.2

HBA3/1263

AV E

HBM1/687

AV EN UE

Lot 193 DP 9997 0.0741

KRC

17 .0 LOT 81 374m² QA LOT 82 15 .4 412m²

Lot 154 DP 9997 0.0789

HBM1/677

STAGE 8LOT 407 QB

304 STAGE 7

308 STAGE 7

Lot 192 DP 9997 0.0741

VEN

Lot 23 DP 10192 0.0799

Lot 12 DP 10375 0.0935

LOT 72 STAGE 7

HBA3/48

HBY1/923

23/01/2020 FOR APPROVAL

HBJ4/1500

15 .4 LOT 79 374m² LOT 80 RA 374m² 15 .4

Lot 191 DP 9997 0.0728

Appr. Issued KRC KRC

409m²

4.6

PE RC YS PIL LER

HBM1/686

HBM1/676

IEL

HBY1/922

Lot 6 DP 28293 0.0603

LOT 78

3.1

LOT 73 STAGE 7

HBB3/843

Lot 190 DP 9997 0.0715

SEF

Lot 22 DP 10192 0.2137

Lot 189 DP 9997 0.0703 Lot 11 DP 10375 0.1464

24 .2

LOT 74 369m²

HBF4/39

SER VIC EL

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

LOT 75 369m² 15 .2

HBY1/918

LOT 76 384m² 24 .2

HBG2/478

Lot 188 DP 9997 0.0718

HBM1/673

15 .2

Lot 187 DP 9997 0.0705 Lot 10 DP 10192 0.1224

HBH2/114

Lot 1 DP 28293 0.0596

LOT 77 388m²

Lot 186 DP 9997 0.0748

HBM1/672

Lot 24 DP 10192 0.3819

14 .8

HBM1/678

6.8

Lot 9 DP 10192 0.1274

HBM1/675

9.2

Lot 8 DP 10375 0.2324

15 .2

HBW1/1021

HBV2/873

16 .0

HBW1/1023

15 .2

DP 26433 0.0498

FIT ZG E

HBW1/1022

DP 26433 0.0442

Lot 1 DP 26433 0.1325

STA LL STR

4.8

DATE PLOTTED: 1/28/2020 9:59:20 AM BY : GEMMA GUILFORD

793437

Lot 354 DP 513468 0.0527

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 8 - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C021

Size

A3 Revision

Shared pathway by NCC

LOT 1 DP 6369

40m wide drainage reserve

13.5m wide Minor Local Roads

MARAENUI 8m wide drainage corridor/ reserve

Private accessways serve lots on western boundary

Additional parking extra 7 bays

Roads terminate at 16m diameter culdesacs 8m wide drainage corridor/ reserve

RV, Boat and Camper Parking 15 bays

WIL

WB AN K

AVE

Secondary Entry 17m wide corridor

8m wide drainage corridor/ reserve 17m wide Mjor Local Road with 1.4m wide pathway to one side of road

ERIK

SEN

ROAD

Main Entry with feature entry walls and signage. 17m wide corridor

LOT 9 DP 6055

Upgraded berm with new kerb and channel, 1.5m wide footpath and street trees

Neighbourhood Reserve/ Park connecting to broader recreational network

LOT 10 DP 6055

LOT PLAN TOTAL LOTS = 182

Layout in accordance with NCC Te Awa Structure Plan 40m wide drainage line to western boundary 0 20 40 60 80 100m

TE AWA

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

SINGLE DWELLING

DUPLEX DWELLINGS

Orange = Living/ Kitchen

Shared pathway by NCC

Pink = Bedrooms/ Bathrooms

LOT 1 DP 6369

40m wide drainage reserve

Blue = Double Garage

13.5m wide Minor Local Roads

DE )

8m wide drainage corridor/ reserve

(13

(4. 8

.5M

Private accessways serve lots on western boundary

)

Additional parking extra 7 bays

(13

.5M

Roads terminate at 16m diameter culdesacs 8m wide drainage corridor/ reserve

)

RV, Boat and Camper Parking 14 bays

(4. 8

DE )

Secondary Entry 17m wide corridor

AVE

(4. 8

MARAENUI

(13

.5M

WIL

WB AN K

)

(13.5

Single Dwelling

IDE)

8m wide drainage corridor/ reserve

Duplex Dwellings

IDE)

(13.5

IDE)

(13.5

IDE)

ERIK

SEN

ROAD

(13.5

(17M

(4.

WIDE

)

17m wide Major Local

Main Entry with feature entry walls and signage. 17m wide corridor

IDE)

TE AWA

LOT 9 DP 6055

Upgraded berm with new kerb and channel, 1.5m wide footpath and street trees

Neighbourhood Reserve/ Park connecting to broader recreational network (min. 2000m²)

ARCHITECTURAL OVERLAY

LOT 10 DP 6055

TOTAL LOTS = 182 (36 Duplex Units, 126 Single Units)

Layout in accordance with NCC Te Awa Structure Plan 40m wide drainage line to western boundary 0 20 40 60 80 100m

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

INDICATIVE SIGNAGE

Signage content, detail, finish and appearance to be resolved by condition of consent at detail design

Estate Entry - Indicative Precedent Imagery

Indicative Lighting

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

ENTR Y

AVE WB AN K LO

ENTR Y

ERIK SEN RO

WIL

INDICATIVE NEIGHBOURHOOD RESERVE/ PARK min. 2000m² N

Not to Scale

Indicative Fencing Diagram LEGEND 1.8m high Butted Paling (or approved equivalent) max. 1.0m high fence or low planted boundary 1.8m high semi-transparent fence for passive surveillance Semi-transparent pedestrian gate with key or swipe access Pedestrian bridge across open swale Planted buffer to soften long fence line and provide further separation from roadway - to be semi transparent to retain visual connection i.e. low shrubs and ground covers with clear trunk trees

Road Corridor Profile 13.5m wide corridor with 1.5m meander 20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

Indicative cross section - road corridor Not to scale

Indicative cross section - drainage reserve Not to scale

Passive open space

Passive open space Inundation zone (approx. 12m)

P. BOUNDARY

Willowbank Avenue Berm

P. BOUNDARY

40M Wide Drainage Reserve

Rear yard

Max. 1:5 batter

Meandering shared pathway 3.0m wide with potential breakout and seating opportunities

Potential bridge crossing points to connect pedestrians from development

Open style fences to rear boundaries interfacing open space

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

PLANTING CHARACTER Indicative only - to be finalised at Detail Design phase

OA D

PARKLAND PALETTE

ENTR PALE Y TTE RO

R RO

PARKLAND PALETTE

ENTR Y CH

R RO AD

ENTR PALE Y TTE TE

TER

EN R

OAD

PALE T

MINO

MIN

ADS

ARAC

ADS

R FFE BU

R LOC

MINO

MAJO

IVA TE

AL RO

EN R

WIL LO W

MIN

ERIKS

AVE

FFE

ERIKS

PARKLAND PALETTE

ERIKSEN ROAD PALETTE - Street trees to Rriksen Road edge to tie into council approved character and tie in with adjacent developments ENTRY PALETTE/ ENTRY CHARACTER - To include specimen trees and a dense understory that creates a specific character for the development with the palette continuing out along roads adjacent entries with understory planting to street trees to be more prevalent along these street (trees in mulch only to other minor streets) MAJOR ROAD - Road to have different tree species for ease of wayfinding. Boulevard to include planted buildouts and understory planting to street trees. MINOR ROADS - Trees in mulch with less understory planting. Species to differ from main circulation to provide sense of place/ wayfinding for residents

PALE T

OAD

IVA TE R

TR YC

FFE R

E NU

BUF

FER

PRIVATE ROADS - Trees in mulch with less understory planting. Species to differ from main circulation to provide sense of place/ wayfinding for residents PARKLAND PALETTE - Larger specimen trees within parklands to tie character to existing drainage lines within the broader community species to be mainly natives with some flowering exotics for seasonal interest. Parkland entering the project site to tie in with specific character of the development through the use of feature trees found in entry palette. BUFFER - Trees and groundcover understory planting to provide separation for residents and buffering from busy road. Mix of native species to be loosely planted to allow for visual permeability along fence line. 20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

Smaller ornamental trees as feature within garden beds

timber open paling fence to rear boundary for some privacy to outdoor living area - hedge to continue within lot along fence line

LAWN WASHING LINE

Hardy, drought tolerant groundcover species to garden beds

Deciduous trees to northern boundaries to allow sun in winter and shade in summer. Trees to be thoughtfully located to provide to not block light/ sun from neighbouring property

Shared hedge - planted along boundary

PATIO

3m min. building setback

BERM

Duplex units - Typical Landscape Concept Plan N

Low shared hedge to the first 6m of boundary to provide visibility and passive surveillanceplanted along boundary 1m min. building setback

North indicative only

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

5m min. vehicle standing bay

Timber screen to bin bay

BIN BAY

1m min. building setback

BERM

Hardy, drought tolerant groundcover species to garden beds

LAWN Timber screen to bin bay

Shared hedge - planted along boundary

BIN BAY

5m min. vehicle standing bay

3m min. building setback

Deciduous trees to northern boundaries to allow sun in winter and shade in summer. Trees to be thoughtfully located to provide to not block light/ sun from neighbouring property

Low shared hedge to the first 6m of boundary to provide visibility and passive surveillanceplanted along boundary

Evergreen tree to edge of driveway

PATIO

Hardy, drought tolerant groundcover species to garden beds

WASHING LINE

Single units - Typical Landscape Concept Plan N

timber open paling fence to rear boundary for some privacy to outdoor living area - hedge to continue within lot along fence line

North indicative only

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

PLANTING PALETTE Indicative planting palette only - to be finalised at Detail Design phase

CODE BOTANICAL NAME COMMON NAME Street TREES 1. 2. 3. 4. 5. 6. 7.

ALE exe Alectryon execelsus Titoki COR lae Corynocarpus laevigatus Karaka HED arb Hedycarya arborea Porokaiwhiri HOH ang Hoheria angustifolia Lacebark MET mis Metrosideros ‘Mistral’ Pohutakawa MET MP Metrosideros ‘Maori Princess’ Pohutakawa VIT luc Vitex lucens Puriri

SPECIMEN TREES - For Parklands/ Open Space + FEature areas 8. COR aus Cordyline australis Cabbage tree 9. KNI exc Knightia excelsa Rewarewa 10. MAG gra Magnolia grandiflora Magnolia 11. NOT sol Nothofagus solandri Black Beech 12. POD tot Podocarpus totara Totara

ORNAMENTAL TREES - for unit Gardens 13. COR kou Cornus kousa Kousa Dogwood 14. MIC bub Michelia ‘Bubbles’ False Magnolia 15. PRU aco Prunus ‘Acolade’ Flowering Cherry 16. PSE cra Pseudopanax crassifolius Lancewood 17. SOP tet Sophora tetraptera Kowhai

Shrubs - Hedge species 18. COR GG Corokia virgata ‘Geentys Green’ Corokia 19. GRI whe Griselinia littoralis ‘Whenuapai’ Broadleaf 20. MET tah Metrosideros collina ‘Tahiti’ Pohutukawa 21. OLE pan Olearia paniculata Akiraho

Groundcovers 22. APO sim Apodasmia similis Oioi 23. ART cir Arthropodium cirratum Renga Renga 24. AST fra Astelia fragrans Bush Flax 25. CAL sol Calystegia soldanella False Bindweed 26. CAR vir Carex virgata Carex 27. CHI fla Chionochloa flavicans Dwarf Toitoi 28. COP PK Coprosma 'Poor Knights' Coprosma 29. DIA nig Dianella nigra Turutu Blueberry 30. HEB WD Hebe ‘Wiri Dawn’ Dwarf Hebe 31. HEB WM Hebe ‘Wiri Mist’ Dwarf Hebe 32. LIB for Libertia spp. Libertia 33. LOM LW Lomandra cylindrica ‘Lime Wave’ Mat Rush 34. PHO GD Phormium ‘Green Dwarf’ Flax

20/04/2020 Revision L [H20180069]

Eriksen Road Lifestyle Village, Te Awa - landscape concept design

LAND DEVELOPMENT REPORT

REV C

DURHAM PROPERTIES LTD

16-38 WILLOWBANK AVE NAPIER

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

J4345

DURHAM PROPERTIES LTD Te Awa Development Document Prepared for and on behalf of Strata Group Consulting Engineers Ltd by:

Daniel Joblin Civil Engineer

Document Reviewed By Russell Nettlingham Civil Engineer/Principal

Strata Group Consulting Engineers Ltd P.O Box 758 Hastings 4156 New Zealand Telephone Email Website

+ 64 6 8767646 dan@sgl.nz www.stratagroup.net.nz

Document Control Project Name

Durham Property Ltd 138 Eriksen Road, Napier

Project Ref

J4345

Version Revision B

Date

Version

Extent of Revision

Status Issued for Resource Consent

Prepared DJ / RN

This report caters specifically for the requirements for this project and this client. No warranty is intended or implied for use by any third party and no responsibility is undertaken to any third party for any material contained herein.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

Table of Contents 1. Introduction ......................................................................................................................................... 4 2. Design Considerations ........................................................................................................................ 5 2.1

Topographical Information ...................................................................................................... 5

2.2

Staging .................................................................................................................................... 5

3. Preliminary Road Design .................................................................................................................... 7 3.1

Existing Roads ........................................................................................................................ 7

3.2

Proposed Roads ..................................................................................................................... 7

4. Earthworks .......................................................................................................................................... 8 5. Stormwater .......................................................................................................................................... 9 6. Wastewater ....................................................................................................................................... 10 7. Water Supply ..................................................................................................................................... 11 8. Utility Services ................................................................................................................................... 12 9. Summary ........................................................................................................................................... 13 Appendix A. Drawings ........................................................................................................................... 14

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

1. Introduction Strata Group Consulting Engineers Ltd has been engaged by Durham Property Ltd (the Applicant) to investigate the civil engineering aspects of the proposed subdivision at 16-38 Willowbank Ave. This report forms an engineering assessment for the proposal and includes investigation into the following aspects: • • • • • •

Preliminary Roading design Earthworks Stormwater collection and disposal Wastewater disposal Water supply Utilities

The purpose of the investigations summarised in this report is to accompany an application to be made to the Napier City Council for a residential subdivision. The legal description for the site is Lot 1 DP14417 4.5526Ha and Lot 2 DP14417 9.2648Ha. The proposed subdivision consists of: • • • •

19 Residential allotments fronting Eriksen Road 167 Lifestyle Units 2,010m of private accessway A drainage reserve and service corridors

Figure 1: Location Map

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

2. Design Considerations To complete the engineering assessment of the proposed subdivision it was first necessary to obtain the following: • • • 2.1

Sufficient topographical information regarding the site, including suitably detailed contour data and aerial imagery. Information regarding any protected areas, easements or areas of significance within the site which may have an impact on the layout Sufficient information with regards to existing services within & surrounding the site Topographical Information

A current aerial photograph was captured by drone and a detailed topo survey undertaken Surveying the Bay for the proposed development site and existing services. The subdivision scheme plan was prepared by Development Nous. 2.2

Staging

The development would be undertaken in stages commencing from Eriksen Road with the road frontage residential lots. The development would progress from there in groups of approximately 20 lots. The first stage involves connection to the underground services. Roading is available at the site boundary. The water supply connection can also be made to existing services in Ericksen Road. The stormwater would require NCC to install the proposed box culvert under Eriksen Road to the Cowshed Drain on the western side. A gravity sewer connection is available in Ericksen Road adjacent to the residential lots which provides services without having to install a pump station. Beyond the road frontage lots, the staging would commence from the main entrance to the lifestyle village and the extents that can be serviced by the first pump station. There are two sewer pump stations proposed within the development area. The first pump station could be connected to the existing 100mm diameter pumping at the front of the development, however we have proposed that the connection be made further to the south where the pump main increases in size from 100mm to 150mm. This connection is some 250m south of the development and would be undertaken at the developer’s expense as provided for in the structure plan. Refer to the proposed staging plan on the following page.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

Figure 2: Proposed Development Staging

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

3. Preliminary Road Design 3.1

Existing Roads

The existing roads consist of Eriksen Road and Willowbank Road. There is no access onto Willowbank Road from the proposed development. Eriksen Road is partially formed to service the residential development on the Eastern side. A similar upgrade and widening on the western side is required to service the proposed development. 3.2

Proposed Roads

The 19 Lots fronting Eriksen Road would have access directly from the upgraded road. The remainder of the development would be serviced with two entry points onto Eriksen Road. Within the development the roading network is constructed in a 13.5m wide road reserve. The carriageway width is 6m with asphalt surfacing and kerb and channel both sides. A single 1.4m wide concrete foot path on one side provides safe pedestrian linkages to the open space areas and walkway network. The roading philosophy is one of connectivity for both pedestrians and vehicles. The narrow roads are designed to encourage a slow speed environment and pedestrians to have a number of route selections to gain access to the open space and wider walkway network. The road design and formations are generally in accordance with the Code of Practice and District Plan requirements for minor roads. Final pavement design will be based on design traffic volumes and subgrade CBR strengths as determined by the geotechnical engineer.

Photograph 1: Existing Eriksen Road formation (to be replicated)

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

4. Earthworks The majority of the existing site contour is above the modeled flood level of RL 11.28m for the Te Awa area (Beca three waters report), however the lower lying areas would require imported structural fill of up to 0.6m to mitigate potential flood risks. It is expected river silt will be used as bulk fill which is common practice for the Te Awa and Parklands development areas. Land to the East of the proposed site has been lifted with imported material during previous construction. It is intended to match into these existing levels and shape lots to fall toward roads and accessways. The structure plan drainage swale along the Western and Southern boundaries will provide fill material for raising the land and will minimise the volume of imported material. It is proposed to batter back into adjacent land at the northern boundary. Land owner approval for the batter has been sought and an agreement reached. Topsoil will be stripped and stockpiled prior to bulk filling and placed back on lots before grassing. Approximately 40,000 m3 of topsoil will be stripped to stockpile. Excess topsoil would be removed from site on completion of the bulk earthworks. A site-specific earthworks and silt management plan will be submitted to Napier City Council for approval prior to earthworks commencing on site. Preliminary earthworks volumes are as follows: • • • •

Strip top soil to stockpile 40,000m³ Cut open drainage channel 33,000m³ Fill low lying land 26,000m³ Import river silt 7,000m³

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

5. Stormwater The proposed stormwater system has been designed to convey the development catchment through a piped network to the proposed structure plan swale drain along Western and Southern boundaries. This connects into Te Awa structure plan attenuation pond via the upgraded Cowshed drain swale. The swale drains are located within the 40m wide designation area and would be constructed to the profile determined in the Beca report and the structure plan. This is a similar profile to the Cowshed Drain re-construction on the Western side of Eriksen Road. Refer Photograph 2 below.

Photograph 2: Cowshed Drain West of Eriksen Road

The piped network has four discharge points into the swale drain. Three of these are into the Willowbank Road drain and one into the Cowshed Drain. The Eriksen Road allotments are serviced with a 375mm diameter pipe that would discharge into the proposed box culvert under Eriksen Road. The pipes range in size from 300mm to 450mm diameter and the length of each run has been controlled by the outlet invert level to avoid a “bubble-up” system into the open drain network. Stormwater design parameters have been taken from NCC CoP 2015; I1.9. Coefficients have been set at 0.55 for all allotments except lots 12-19 of Stage 1 where owing to the potential for higher site coverage (up to 56%) a higher coefficient of 0.65 (‘Town house development’ from NZBC E1/VM1) has been adopted. Roads and reserves have been assigned coefficients of 0.85 and 0.30 respectively. The pipe network has been designed to allow for both a 10% and combined 10/2% AEP events. Rainfall data has been taken from HIRDS V3 with a 2.1 degree increase for expected 2090 climate change. Stormwater calculations will be submitted with detailed design at the Engineering approval phase.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

6. Wastewater Wastewater services can be provided to the site through the existing gravity and pumping mains in Ericksen Road. The gravity connection is on the eastern side of Eriksen Road and is at adequate depth to extend it along the full length of the road frontage allotments. The remainder of the development would be serviced with two pump stations located beside the swale drain for ease of access. These pump stations are positioned to keep the gravity pipe and chamber depths to a minimum for safety in design considerations. A 100mm sewer pumping main in Ericksen Road could be used to provide a connection for the first pump station, however when the second pump station comes on line, it is likely that the connection point would need to be extended to where it enlarges to a 150mm pumping main some 250m south of the development site. Appropriate easements in gross are proposed to cater for council assets laid in private land. The wastewater demand is as follows: Pump Station 1 • • • •

Allotments serviced: 97 Units Land area: 97 x 400m2 = 3.88 Ha Peak wet weather flow (PWWF): 3.88 x 0.3 Litres/sec/Ha = 1.16 Litres/sec Storage: 5.6m3

Pump Station 2 • • • •

Allotments serviced: 67 Units Land area: 67 x 400m2 = 2.68 Ha Peak wet weather flow (PWWF): 2.68 x 0.3 Litres/sec/Ha = 0.8 Litres/sec Storage: 3.8m3

Gravity to Existing Eriksen Road Network • • •

Allotments serviced: 19 Lots Land area: 19 x 700m2 = 1.33 Ha Peak wet weather flow (PWWF): 1.33 x 0.3 Litres/sec/Ha = 0.4 Litres/sec

The total PWWF for the development is 2.36 Litres/sec.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

7. Water Supply A water supply for the development can be fed from the 200mm diameter main in Ericksen Road. This main currently terminates at the Hurunui Drive intersection, but we understand that NCC are intending to extend the main along Ericksen Drive. The extended Council main would provide two connection points to the development as shown on the proposed water layout plan, Appendix A. Within the development, a principal DN150 main would run along one side of the road with a looped 63mm rider main running back along the opposite side. A series of appropriately sized feeder branches will be run up each accessway to serve the required Lots. The site also has a 100mm and a 75mm bore for irrigation and domestic water supply as per Figure 3 below. It is proposed that the bore will be professionally plugged and removed below ground level.

Figure 3: Existing Water Bores

The water demand for the development is as follows: • • • • • • •

Residential dwellings: 19 houses x 3.5 people per dwelling = 67 people Lifestyle village: 164 units x 1.25 people per unit = 205 people Total occupancy = 272 people Average daily demand per person: 250 Litres/person/day Average daily demand: 250 L/p/d x 272 people = 68 m3/day Peaking Factor 5 Peak daily demand: 3.93 Litres/sec

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

8. Utility Services Power and telecommunications have been laid through to the proposed development site as part of the Eriksen Road and Hurunui Road residential development. It is intended to extend these services through the development. Provisional width for laying utilities will be allowed for within the proposed road corridor in accordance with NCC code. The existing overhead power lines in Eriksen Road would remain in place. Undergrounding would be undertaken in the future by Unison as part of their seismic upgrade programme. Power-Co have been approached to service the site for Gas. It is expected this service will run with others in the proposed trenches.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

9. Summary From our assessment of the site, engineering servicing for the proposed development can be achieved to an acceptable standard as follows: •

Earthworks will be required to bring the proposed land above the modeled 2% AEP flood level for the Te Awa development area of RL 11.28 (300mm freeboard is required above the flood level for building platforms – RL 11.58). Approximately 6,000m³ of imported structural fill is proposed.

•

All proposed roading for the development can be constructed in accordance with the NCC Engineering Code of Practice.

•

Conveyance of onsite stormwater up to 2% AEP event can be provided for via a piped network discharging into the Te Awa stormwater system which includes the proposed Willowbank Avenue and Cowshed Drain open channels

•

Potable water can be supplied via the DN200 Eriksen Road trunk main and proposed extension.

•

A gravity sewer network can service the Eriksen Road frontage lots

•

Two sewer pump stations within the lifestyle village would collect and pump to the common main in Eriksen Road.

•

Utility services can be provided to all sites.

All final designs and calculations for engineering approval will comply with NCC code of practice and district plan rules and regulations. Preliminary desktop and site investigations have not revealed any significant engineering issues for the proposed development.

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

Appendix A. Drawings

308 Queen Street E, Hastings 4122 | PO Box 758, Hastings | +64 6 876 7646 | admin@sgl.nz |www.stratagroup.net.nz

LOT 1 DP 6396 GENERAL NOTES:

· BOUNDARY INFORMATION/DATA SHOWN IN THIS DRAWING HAS BEEN SOURCED FROM QUICKMAP. STRATA GROUP CONSULTING ENGINEERS TAKE NO RESPONSIBILITY FOR THE ACCURACY OF THIS INFORMATION/DATA.

LOT 2 DP 6396

· COORDINATE DATUM: NZGD 2000 HB CIRCUIT HEIGHT

DATUM IS LOCAL AUTHORITY DATUM 1972 (MSL = 10.00m) ORIGIN OF HEIGHTS: BP 68 SO 9387.

· DO NOT SCALE FROM THIS DRAWING. ANY ADDITIONAL DIMENSIONS SHOULD CONTACTS BELOW.

REQUESTED

FROM

THE

· ALL DIMENSIONS ARE IN METRES UNLESS SHOWN OTHERWISE.

LOT 1 DP 14417

· AERIAL IMAGE IS SOURCED FROM LINZ IS INDICATIVE ONLY.

LOT 3 DP 394762

ERIK

SEN

ROA D

LOT 1 DP 318389

LOT 2 DP 14417 HURUNUI DRIVE

LOT 9 DP 6055

LOT 10 DP 6055 SAFETY IN DESIGN

ALL REASONABLY PRACTICABLE STEPS HAVE BEEN TAKEN TO ENSURE SAFETY IN DESIGN HAS BEEN CONSIDERED WITHIN STRATA GROUP'S SCOPE OF WORK FOR THIS DESIGN IN ACCORDANCE WITH IPENZ PRACTICE NOTE 07 "DESIGN FOR SAFETY IN BUILDINGS AND OTHER STRUCTURES (JULY 2006)". IT REMAINS THE RESPONSIBILITY OF THE OWNER AND/OR OPERATOR TO ENSURE APPROPRIATE PRACTICES ARE IN PLACE TO PROTECT THE SAFETY OF THE WORKERS AND THE PUBLIC IN THE OPERATION OF THE FACILITY.

CLIENT:

FOR NOTIFICATION

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REASON FOR ISSUE

DATE

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THE CONTRACTOR IS TO BE AWARE OF ALL INSPECTIONS TO BE MADE BY THE ENGINEER AS A REQUIREMENT OF THE PRODUCER STATEMENT PS4 CONSTRUCTION REVIEW DOCUMENTATION. THE ENGINEER WILL REQUIRE 24 HOURS PRIOR NOTIFICATION FOR ALL INSPECTIONS.

DURHAM PROPERTY LTD

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Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

SITE LOCATION PLAN

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

250

500

750

Full Size 1:12500 ; Half Size 1:25000 Scale (m)

J4345

SHEET:

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REVISION:

LOT 1 DP 6396 GENERAL NOTES: LOT 77

· BOUNDARY INFORMATION/DATA SHOWN IN THIS DRAWING HAS BEEN SOURCED FROM QUICKMAP. STRATA GROUP CONSULTING ENGINEERS TAKE NO RESPONSIBILITY FOR THE ACCURACY OF THIS INFORMATION/DATA.

LOT 79 LOT 75

· COORDINATE DATUM: NZGD 2000 HB CIRCUIT HEIGHT

8m WIDE DRAINAGE CORRIDOR/ RESERVE

DATUM IS LOCAL AUTHORITY DATUM 1972 (MSL = 10.00m) ORIGIN OF HEIGHTS: BP 68 SO 9387.

· DO NOT SCALE FROM THIS DRAWING. ANY ADDITIONAL

LOT 82

LOT 73

THE

LOT 72

· ALL DIMENSIONS ARE IN METRES UNLESS SHOWN OTHERWISE.

THE

LOT 83 LOT 84

RO A

LOT 93

LOT 96

LOT 20 LOT 89 LOT 85

LOT 92

LOT 71

LOT 19

LOT 21

LOT 91

STAGE 7

LOT 70

.5m

LOT 104

PR IV

LOT 98

LOT 68

STAGE 6

E AV

OA D PR IV

AT ER

LOT 28

.5m 13

LOT 136

LOT 140

PR .5m

.5m

LOT 158

LOT 160

RO AD

LOT 155

302

LOT 11

LOT 31

LOT 142

LOT 56

LOT 10

LOT 143 LOT 141

LOT 33

LOT 9

LOT 144

LOT 154

LOT 161

LOT 34 LOT 8

LOT 157 LOT 153

LOT 152

13.5

m RO

LOT 147

AD 7

LOT 177 LOT 178

LOT 169

.5m

LOT 48

LOT 306

LOT 172

LOT 175

LOT 176

LOT 182

LOT 38

STAGE 2 LOT 181

LOT 39

LOT 179

LOT 40

LOT 180

LOT 4

LOT 3

LOT 41 LOT 46

LOT 42

LOT 45

HURUNUI DRIVE

LOT 5

STAGE 1a

301

LOT 47

LOT 6

LOT 37

LOT 171 13

PROPOSED DEVELOPMENT ENTRANCE

ROA

LOT 174

LOT 36

MAIN

LOT 173

LOT 168

LOT 49

E RO

LOT 7

LOT 170 LOT 165

LOT 50

RAN C

LOT 35

D (1 )

LOT 167

LOT 51

ENT

LOT 148

LOT 164 LOT 52

AIN

LOT 146

LOT 151

LOT 166

LOT 53

17.0 mM

LOT 145

17.0 m

.5m

LOT 149

13.5

LOT 162

PR IV

AT ER

OA D

LOT 55

LOT 150

OAD 8

LOT 156

LOT 163

STAGE 1b

LOT 32 LOT 138

LOT 57

LOT 139

AD RO TE IVA

8m WIDE DRAINAGE CORRIDOR/ RESERVE

LOT 137

LOT 159

LOT 30

STAGE 5 D8

LL WI

STAGE 4

LOT 58

LOT 116

LOT 132 LOT 133

LOT 12

LOT 117

LOT 134

LOT 1 DP 318389

LOT 29

LOT 120

RO A

LOT 135

LOT 59

LOT 115

LOT 131

PROPOSED DEVELOPMENT ENTRANCE

LOT 13

LOT 118

13.5 mR

BA OW

LOT 61

LOT 119

LOT 121 13 .5m

ROA

LOT 14

LOT 27

LOT 124 LOT 130

NCE

LOT 26

LOT 111

TRA

LOT 15

17.0

LOT 122 LOT 125

LOT 62

LOT 54

13 .5m

m EN

LOT 25

(1)

LOT 126

LOT 129

LOT 63

LOT 112

LOT 110

LOT 123

303

LOT 60

STAGE 3

LOT 109

LOT 128

17.0

LOT 114

LO T4

RO AD

LOT 127

13 .5m

LOT 64

LOT 113

LOT 108

LOT 102

IVA TE

LOT 65

LOT 17

LOT 16

LOT 107

LOT 101

LOT 307

LOT 23

LOT 24

LOT 100

LOT 66

STAGE 1c

LOT 87

LOT 106

LOT 103

8m WIDE DRAINAGE CORRIDOR/ RESERVE

LOT 105 LOT 99

LOT 67

LOT 18

LOT 22

ROA D

LOT 3 DP 394762

LOT 69

LOT 86

SEN

· PROPOSED CONTOUR INTERVALS ARE AT 0.10m.

LOT 88

LOT 97

ERIK

ONLY.

AIN ROA D

· AERIAL IMAGE IS SOURCED FROM LINZ IS INDICATIVE

RO AD

AT E

SHOWN

.5m

UNDERGROUND SERVICES DRAWINGS ARE INDICATIVE ONLY.

LOT 95

· ALL

13 .5m

LOT 90

304

LOT 308

LOT 94

FROM

STAGE 8

REQUESTED

LOT 81

LOT 74

1 IVA 3.5m TE RO A

LOT 80

DIMENSIONS SHOULD CONTACTS BELOW.

LOT 2 DP 6396

LOT 78

LOT 76

LOT 2

LOT 44

POCKET PARK/ RESERVE CONNECTING TO BROADER RECREATIONAL NETWORK

LOT 43

LOT 1

LOT 305

LOT 9 DP 6055

LOT 10 DP 6055 SAFETY IN DESIGN

CLIENT:

6 5 4 3 2

FOR NOTIFICATION - STAGE 7 LOT NUMBERING RE-ARRANGED 200330 FOR NOTIFICATION - STAGING AMENDED

200124

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE200115 2

FOR NOTIFICATION - ROAD LABELS ADDED FOR NOTIFICATION

200114

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PATH:J:\DUR - DURHAM PROPERTIES\J4345 - TE AWA SUBDIVISION (WILLOWBANK AVE)\2 - DWGS\XREF'S\J4345 - BASE SERVICES PLAN 2020.DWG DATE:7/2/2018

DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

PROPOSED SITE PLAN

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

250

500

750

Full Size 1:12500 ; Half Size 1:25000 Scale (m)

J4345

SHEET:

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REVISION:

LOT 1 DP 6396 GENERAL NOTES:

· BOUNDARY INFORMATION/DATA SHOWN IN THIS DRAWING HAS BEEN SOURCED FROM QUICKMAP. STRATA GROUP CONSULTING ENGINEERS TAKE NO RESPONSIBILITY FOR THE ACCURACY OF THIS INFORMATION/DATA.

LOT 2 DP 6396

· COORDINATE DATUM: NZGD 2000 HB CIRCUIT HEIGHT

.00

DATUM IS LOCAL AUTHORITY DATUM 1972 (MSL = 10.00m) ORIGIN OF HEIGHTS: BP 68 SO 9387.

· DO NOT SCALE FROM THIS DRAWING. ANY ADDITIONAL DIMENSIONS SHOULD CONTACTS BELOW.

REQUESTED

FROM

THE

.90

· ALL DIMENSIONS ARE IN METRES UNLESS SHOWN · ALL

UNDERGROUND SERVICES DRAWINGS ARE INDICATIVE ONLY.

SHOWN

OTHERWISE.

THE

0 .7 11

LOT 1 DP 14417

· AERIAL IMAGE IS SOURCED FROM LINZ IS INDICATIVE ONLY.

· EXISTING CONTOUR INTERVALS ARE AT 0.10m.

.9 11

.50

11 .30

.40 11

0 12.0

LOT 1 DP 318389

ROA D

.40

LOT 2 DP 14417 11.40

11.50

11.6

0 11.7

.80 11

.90 11

.00 12

ERIK

SEN

. 11

11.00

.30

.50

11 .6

SECONDARY OVERLAND ARROW

11.50

11.70

11.80

PRIMARY OVERLAND FLOW ARROW

LOT 3 DP 394762

OVERLAND FLOW:

HURUNUI DRIVE

1.30

11.4

11.50

11.

LOT 9 DP 6055

LOT 10 DP 6055 SAFETY IN DESIGN

CLIENT:

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

EXISTING CONTOUR & OVERLAND FLOW PLAN

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

250

500

750

Full Size 1:12500 ; Half Size 1:25000 Scale (m)

J4345

SHEET:

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REVISION:

LOT 1 DP 6396 GENERAL NOTES: LOT 77

· BOUNDARY INFORMATION/DATA SHOWN IN THIS DRAWING HAS BEEN SOURCED FROM QUICKMAP. STRATA GROUP CONSULTING ENGINEERS TAKE NO RESPONSIBILITY FOR THE ACCURACY OF THIS INFORMATION/DATA.

LOT 79 LOT 75

8m WIDE DRAINAGE CORRIDOR/ RESERVE

DATUM IS LOCAL AUTHORITY DATUM 1972 (MSL = 10.00m) ORIGIN OF HEIGHTS: BP 68 SO 9387.

· DO NOT SCALE FROM THIS DRAWING. ANY ADDITIONAL

LOT 73

THE

LOT 72

· ALL DIMENSIONS ARE IN METRES UNLESS SHOWN OTHERWISE.

THE

LOT 20

LOT 96

LOT 89 LOT 85

LOT 92

LOT 71

LOT 19

LOT 21

LOT 91 LOT 70

.5m

LOT 104

LOT 98

PR IV

OVERLAND FLOW:

LOT 68

LOT 99

LOT 67

8m WIDE DRAINAGE CORRIDOR/ RESERVE

E AV

LOT 123

LOT 109

LOT 125

OA D AT ER

LOT 111

PR IV .5m 13

LOT 12

LOT 117 LOT 116

LOT 30 LOT 11

LOT 136

IVA

LOT 31

LOT 139

AD RO

LOT 137

LOT 159

LOT 140

PR .5m

.5m

LOT 158

RO AD

LOT 155

302

LOT 142

LOT 143 LOT 141

LOT 33

LOT 56

LOT 9

LOT 144

LOT 154

LOT 161

LOT 10

LOT 32 LOT 138

LOT 160

LOT 34 LOT 8

LOT 157 LOT 153

LOT 152

m RO

LOT 147

AD 7

LOT 173

LOT 168

MAIN

LOT 170 LOT 165

LOT 174

LOT 37

LOT 178

LOT 182

LOT 38

LOT 171

LOT 49

.5m

LOT 48

LOT 306

LOT 172

LOT 175

LOT 176

LOT 4

LOT 179 LOT 40

301

LOT 3

LOT 41 LOT 46

HURUNUI DRIVE

LOT 5

LOT 39

LOT 181

LOT 180

LOT 47

PROPOSED DEVELOPMENT ENTRANCE

LOT 6

LOT 177

LOT 169

LOT 50

OAD

LOT 36

D (1

13.5

CE R

LOT 7 )

LOT 167

LOT 51

RAN

LOT 148

LOT 164 LOT 52

ENT

LOT 35

LOT 146

LOT 151

LOT 166

LOT 53

mM AIN

ROA

LOT 163

17.0

LOT 145

17.0 m

.5m

LOT 149

13.5

LOT 162

PR IV

AT ER

OA D

LOT 55

LOT 150

OAD 8

LOT 156

LOT 1 DP 318389

LOT 13

LOT 132

LOT 57

LOT 14

LOT 29

LOT 120 RO A

LOT 134

LOT 59

LOT 58

LOT 115

13.5 mR

LL WI

LOT 130

LOT 133

8m WIDE DRAINAGE CORRIDOR/ RESERVE

PROPOSED DEVELOPMENT ENTRANCE

LOT 27

LOT 28

LOT 135

LOT 60

LOT 26

LOT 118

LOT 121

LOT 131

ROA

LOT 119

BA OW

LOT 61

NCE

LOT 25

17.0

RO A

LOT 112

LOT 110

LOT 124

13 .5m

TRA

LOT 15

LOT 122

LOT 129

LOT 63

LOT 62

LOT 54

m EN

(1)

17 13 .5m

LOT 126

17.0

LOT 114

LOT 128

303

LOT 16 LOT 113

LOT 108

LO T4

LOT 127

13 .5m

LOT 64

LOT 17

LOT 24 LOT 107

LOT 102 RO AD

LOT 65

LOT 23

LOT 106

LOT 101 LOT 66 LOT 307

LOT 87

LOT 100

IVA TE

SECONDARY

LOT 105 LOT 103

PRIMARY

LOT 18

LOT 22

ROA D

LOT 3 DP 394762

LOT 69

LOT 86

SEN

· PROPOSED CONTOUR INTERVALS ARE AT 0.10m.

LOT 88

LOT 97

ERIK

ONLY.

AIN ROA D

· AERIAL IMAGE IS SOURCED FROM LINZ IS INDICATIVE

RO AD

AT E

SHOWN

.5m

UNDERGROUND SERVICES DRAWINGS ARE INDICATIVE ONLY.

LOT 84

RO A

LOT 93 LOT 90

· ALL

LOT 83 13 .5m

LOT 95

304

LOT 308

LOT 94

FROM

LOT 82 PR IV A TE

REQUESTED

LOT 81

LOT 74

13 .5m

LOT 80

RO AD

· COORDINATE DATUM: NZGD 2000 HB CIRCUIT HEIGHT

DIMENSIONS SHOULD CONTACTS BELOW.

LOT 2 DP 6396

LOT 78

LOT 76

LOT 42

LOT 45

LOT 2

LOT 44

POCKET PARK/ RESERVE CONNECTING TO BROADER RECREATIONAL NETWORK

LOT 43

LOT 1

LOT 305

LOT 9 DP 6055

LOT 10 DP 6055 SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION - STAGE 7 LOT NUMBERING RE-ARRANGED 200330

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE200115 2

3 2

FOR NOTIFICATION - ROAD LABELS ADDED FOR NOTIFICATION

200114

REV

REASON FOR ISSUE

DATE

PATH:J:\DUR - DURHAM PROPERTIES\J4345 - TE AWA SUBDIVISION (WILLOWBANK AVE)\2 - DWGS\XREF'S\J4345 - BASE SERVICES PLAN 2020.DWG DATE:7/2/2018

DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

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PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

PROPOSED CONTOUR & OVERLAND FLOW PLAN

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

250

500

750

Full Size 1:12500 ; Half Size 1:25000 Scale (m)

J4345

SHEET:

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REVISION:

LOT 1 DP 6396 EARTHWORKS NOTES:

0.0 0

· CUT AND FILL INDICATES EG UNDERCUT (TOPSOIL

LOT 2 DP 6396

· DO NOT SCALE FROM DRAWING, IF EXTRA INFORMATION IS REQUIRED, PLEASE CONTACT CONSULTING ENGINEERS.

0.00

STRATA

GROUP

0.0

CT ION

· ALL VOLUMES HAVE BEEN CALCULATED IN SOLID ON FIXED DESIGN DEPTHS. VOLUMES EXCLUDE POSSIBLE UNDER-CUT OF SOFT SPOTS, UNDERGROUND FEATURES AND CONTAMINATED MATERIALS.

50 .00

STRIP) TO FINISHED SURFACE PRIOR TO TOPSOIL FILL.

CUT/FILL TABLE

0.0

Number Minimum Level Maximum Level Colour

50.0

50.

.00

100

LOT 3 DP 394762

.00

0.0

150

100.

0.0

150. 00

E 0

-0.70

-0.60

-0.20

-0.10

0.10

0.30

1.80

ROA

250 .00

SEN

.44 300.

ERIK

297

.00

200 35 0

40 0.0 0

50.

0.0

ION

-0.70

DESIGN SURFACE IMPORTED TOPSOIL - 22,268m³ FILL

-1.50

.00

IMPORTED HARDFILL FROM TOPSOIL UNDERCUT TO TOP OFF OF DESIGN FILL SURFACE LEVELS - 26,481m³ FILL

200. 150 .00

0.0

-1.50

EXISTING GROUND TO TOPSOIL UNDERCUT (300mm DEPTH) - 41,466m³ CUT

LOT 1 DP 318389

0 100 .00

OW LL WI

-2.30

CUT AND FILL VOLUMES:

0.0

50.

250.

267 .04

250

TIO N

.00

SE C

.00

200

.00

350.

HURUNUI DRIVE

.00

150

.00

100

.00

45 0.0 0

2.8

400.

.55

LOT 9 DP 6055

343

450.

300

.00

250

CT IO

.00

200

476.

SEC

TION

LOT 10 DP 6055 SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION

REV

REASON FOR ISSUE

DATE

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

EARTHWORKS PLAN

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

250

500

750

Full Size 1:12500 ; Half Size 1:25000 Scale (m)

J4345

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REVISION:

EXISTING GROUND LEVEL

PROPOSED FINISHED LEVEL

EXISTING GROUND TOPSOIL UNDERCUT

PROPOSED FINISHED TOPSOIL UNDERCUT

LOT 1 DP6396 LOT 9 DP6055

11.10 11.27 11.60 11.64 474.70 480

492.84

-0.54 -0.39

-1.82 11.59 460

9.77

-0.25 11.57 440

11.32

0.01 11.56 11.54 420

11.43

0.05 11.53 11.53 400 401.66

-0.13

11.58 11.58 0.04 0.04 11.54 380

11.58

11.58 0.03 11.55 360

11.57 11.56 337.06 340

11.58

11.57 320

0.02

0.01 11.58 0.01 11.58

11.58 300

11.58 0.00

11.61 280

11.58 -0.03

11.63 267.64

11.58 11.58 -0.07 -0.06 11.65

11.70 240

260

11.75 220

11.58 -0.12

11.78 11.78 200 203.62

11.58 -0.17

11.76 180

11.58 -0.20

11.75 160

11.58 -0.18

11.73 140

11.58 -0.17

11.72 129.91

11.58 -0.15

11.76 120

11.58 -0.18

11.84 100

11.58 -0.26

11.91 80

11.58 -0.33 11.94 72.40

11.58 -0.38 11.96 60

11.58 -0.39

-0.41 11.58 11.99

CHAINAGE

0.00

EXISTING LEVELS

-0.39

CUT/FILL DEPTHS

12.01

DESIGN LEVELS

11.62

SCALE: 1:500H, 1:25V DATUM: 8.00

SECTION 1 LONG SECTION

EXISTING GROUND LEVEL

PROPOSED FINISHED LEVEL

EXISTING GROUND TOPSOIL UNDERCUT

PROPOSED FINISHED TOPSOIL UNDERCUT

LOT 1 DP6396 LOT 9 DP6055

-1.25

11.38

11.42

11.40

11.43

11.45

11.48 11.49

380

388.58

400

420

440

460 465.58

476.86

-0.87

11.30 360

0.05

10.23

0.11 11.54

11.21 340

10.58

0.18

11.16 333.37

11.49

0.28

11.14 320

11.58

0.37

11.11 300

0.21 11.58 0.20 11.58

11.58 0.44

11.08 280

0.47

11.58

11.58 0.47

11.11 11.09 260 262.97

0.39

11.58

0.51 11.58 0.50 11.58

11.19 240

11.58

11.28 220

11.58

0.20 11.38 11.34 200 205.85

0.30 11.58 0.31 11.58

0.09 11.49 180

11.58

-0.03 11.61 160

11.58

-0.11 11.58 -0.13 11.58 11.70 11.71 138.97 140

11.58

-0.08 11.66 120

11.58

-0.03 11.61 100

11.58

0.01 11.58 11.57 80

0.02 0.05

11.58 11.58 11.56 11.56 53.82 60

11.58 -0.02 11.60

CHAINAGE

11.63 0.00

EXISTING LEVELS

-0.04

CUT/FILL DEPTHS

11.67

DESIGN LEVELS

SCALE: 1:500H, 1:25V DATUM: 8.00

SECTION 2 LONG SECTION FILL

CUT

SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION

REV

REASON FOR ISSUE

DATE

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

EARTHWORKS SECTIONS

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

Full Size 1:500 ; Half Size 1:1000 Scale (m)

J4345

SHEET:

C006

REVISION:

EXISTING GROUND LEVEL

PROPOSED FINISHED LEVEL

EXISTING GROUND TOPSOIL UNDERCUT

PROPOSED FINISHED TOPSOIL UNDERCUT

WILLOWBANK AVE ERIKSEN ROAD

11.58 11.58 0.25 0.25

11.31

11.33

240

260

267.04

11.58 0.27 11.29 227.86

11.60 0.23 11.37 220

11.58 0.02 11.56 200

11.58 11.58 -0.02 -0.03

-0.08 11.66 160

11.59 11.60

-0.18 11.76 140

174.93 180

-0.21 11.58 11.79 120

11.58

-0.22 11.80 11.79 100 105.29

CHAINAGE

11.58

-0.26 11.84 80

0.00

EXISTING LEVELS

11.58

-0.24 11.87 60

CUT/FILL DEPTHS

11.58

11.66 -0.23 11.89 51.94

DESIGN LEVELS

11.63

11.21 -0.67 11.88 40

10.27 -1.60 11.87 20

SCALE: 1:500H, 1:25V DATUM: 9.00

SECTION 3 LONG SECTION PROPOSED FINISHED LEVEL PROPOSED FINISHED TOPSOIL UNDERCUT

EXISTING GROUND LEVEL EXISTING GROUND TOPSOIL UNDERCUT

WILLOWBANK AVE ERIKSEN ROAD

0.51 11.63 11.12 11.11 278.22 280

11.58

0.46 11.17 260

0.54

11.63

297.44

0.39 11.62 0.41 11.63 11.23 240

11.58 0.29 11.29 220

11.58 0.25 11.33 11.33

11.58 0.22

198.30 200

11.58 0.19 11.39

11.58 0.14 11.44 160

180

11.58 0.07 11.51 140

11.58 0.02 11.56 127.28

11.58 0.00 11.58 120

11.58 -0.05 11.63 100

11.58 -0.12 11.70 80

11.59 -0.22 11.82 11.81 58.54 60

-0.31 11.53

11.06 -0.80 11.86

CHAINAGE

10.39 0.00

EXISTING LEVELS

-1.55

CUT/FILL DEPTHS

11.94

DESIGN LEVELS

SCALE: 1:500H, 1:25V DATUM: 9.00

SECTION 4 LONG SECTION PROPOSED FINISHED LEVEL PROPOSED FINISHED TOPSOIL UNDERCUT EXISTING GROUND LEVEL EXISTING GROUND TOPSOIL UNDERCUT

WILLOWBANK AVE

ERIKSEN ROAD

11.73

0.20 0.20

0.17

0.14

0.18 11.58 0.21 11.62

11.75

0.23

0.34

0.29

11.35 11.35

11.35

11.38

11.41

11.44 11.44

11.40

11.42

11.44

11.45

180 183.57

200

220

240

260 260.40

280

300

320

331.30

11.71

11.58

0.23

11.36 160

0.45

11.58 11.58

0.22

11.36 140

FILL

340 343.55

11.58

0.22

11.39 11.38 115.75 120

11.58

0.20

11.46 100

11.58

0.12

11.54 80

11.58

0.04

11.65 60

0.21 11.58

-0.08

11.70 53.66

11.58

-0.35

11.83 40

11.58

-0.96

12.02 0.00

CHAINAGE

11.58

11.37

-1.68

EXISTING LEVELS

DESIGN LEVELS

11.56

10.87

CUT/FILL DEPTHS

10.34

SCALE: 1:500H, 1:25V DATUM: 9.00

CUT

SECTION 5 LONG SECTION SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION

REV

REASON FOR ISSUE

DATE

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

EARTHWORKS SECTIONS

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

Full Size 1:500 ; Half Size 1:1000 Scale (m)

J4345

SHEET:

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REVISION:

LOT 77 LOT 78

LOT 76

LOT 79 LOT 75

LOT 80 LOT 81

LOT 74

STORMWATER OUTLET 1

LOT 82 LOT 94

LOT 73

LOT 95

LOT 72

LEGEND: EXISTING STORMWATER

LOT 84

LOT 93

LOT 20

LOT 90

304

LOT 308

LOT 83

LOT 96

LOT 89 LOT 85

LOT 92

LOT 71

LOT 19

LOT 21

LOT 91 LOT 70

LOT 69

LOT 103

LOT 101 LOT 66

LOT 65

LOT 127 LOT 128

LOT 64

LOT 114

LOT 111

LOT 62

LOT 119

LOT 28

WI LL

LOT 61

LOT 115

LOT 29

LOT 120

LOT 131

LOT 12

LOT 117

LOT 134

LOT 116

LOT 135

LOT 30

LOT 132

LOT 11 LOT 136

LOT 59

LOT 58

LOT 31

LOT 139

LOT 140

LOT 143 LOT 141

LOT 158

LOT 160

LOT 154

LOT 161 LOT 56

LOT 33

LOT 9

LOT 144

LOT 155

302

LOT 34 LOT 8

LOT 157 LOT 156

LOT 150

LOT 153

LOT 149

LOT 55 LOT 162

LOT 35

LOT 146

LOT 151

LOT 166

LOT 53

LOT 148 LOT 167

LOT 164

LOT 7 LOT 36

LOT 147 LOT 170

LOT 165

LOT 173

LOT 168

LOT 51

LOT 145

LOT 152

LOT 54

LOT 52

LOT 10

LOT 32 LOT 138

LOT 57

LOT 142

LOT 137

LOT 159

LOT 163

LOT 13

LOT 118

LOT 121

LOT 130

LOT 14

LOT 27

LOT 122 LOT 125

LOT 133

LOT 174

LOT 177 LOT 178

LOT 182

LOT 38

LOT 171

LOT 49

LOT 172

LOT 48 LOT 306

LOT 175

LOT 176

LOT 40 LOT 3

LOT 41 LOT 46

HURUNUI DRIVE

LOT 4

LOT 179

301

LOT 47

LOT 5

LOT 39

LOT 181

LOT 180

AIN

LOT 6

LOT 37

LOT 169

LOT 50

LOT 26

LOT 123

LOT 60

LOT 15

LOT 112

LOT 110

LOT 124

STORMWATER OUTLET 3

LOT 25

LOT 109

LOT 126

LOT 129

LOT 63

OW BA N

LOT 108

LOT 102

303

LOT 113

LOT 307

LOT 16

LOT 107

LOT 100

SEWER PUMP STATION 1

LOT 17

LOT 24

LOT 106

LO T4

STORMWATER OUTLET 2

LOT 99

LOT 67

PROPOSED WATER

LOT 23

LOT 105

LOT 68

EXISTING WATER

LOT 87

LOT 104

LOT 98

LOT 18

LOT 22

ROA

DR AIN

PROPOSED SEWER

LOT 86

SEN

EXISTING SEWER

LOT 88

LOT 97

ERIK

PROPOSED STORMWATER

LOT 42

LOT 45

LOT 2

EXISTING Ø375 SEWER MAIN EXISTING Ø550 WATER MAIN

LOT 44 LOT 43

LOT 1

LOT 305

STORMWATER OUTLET 4

SEWER PUMP STATION 2 BOX CULVERTS BY NCC

NEW PUMP LINE

EXISTING Ø100 SEWER MAIN

CONNECT NEW PUMP LINE INTO EXISTING

SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION - STAGE 7 LOT NUMBERING RE-ARRANGED 200330

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE200115 2

FOR NOTIFICATION

200114

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

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PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

SERVICES OVERVIEW

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

200

400

600

800

Full Size 1:15000 ; Half Size 1:30000 Scale (m)

J4345

SHEET:

C008

REVISION:

WILL

OWB

STORMWATER OUTLET 3

ANK

AVE LEGEND

CATCHMENT BOUNDARY

DRAI

N STORMWATER OUTLET 2

ATE R

OAD

m CO

OAD

PIPE

RETE

PRIV

OAD

13.5m

CONC

375mm

RETE

ATE R

OAD

RETE PIPE

PE TE PI

375mm

13.5m

ROAD

13.5m

ROAD

375mm CONCRETE PIPE

CONC

RETE

375mm

13.5m RO

PIPE

CONC

m CO NCRE

375m

13.5m ROAD

AD 5

13.5m ROAD 6

13.5m ROAD 7

13.5m ROAD 8

375mm CONCRETE PIPE

EXISTING OPEN DRAIN

PRIV

375mm

TE PIPE

ATE R

13.5m

CONC

CONC R 375mm

9 ROAD

ONCRE

PRIV

PIPE

ETE P

IPE

375m

13.5m

450mm C

STORMWATER OUTLET 4

PRIV

TE PI PE

13.5m

m CO

OPEN

ATE R OAD

NCRE

PRIV

NCRE TE PI PE

13.5m

STORMWATER OUTLET 1

450m

OAD

39.98

ATE R

NCRE TE PI PE

PRIV

450m m CO

DRAI N

13.5m

450m mC

EXIST ING O

PEN D

ONCR

RAIN

ET E P

IPE

OPEN

375mm CONCRETE PIPE

300mm CONCRETE PIPE 300mm CONCRETE PIPE

17.0m MAIN ROAD 1

17.0m ENTRANCE ROAD 2

17.0m MAIN ENTRANCE ROAD

17.0m MAIN ROAD 1

40m

BOX CULVERTS BY NCC

375mm CONCRETE PIPE

ERIKSEN ROAD

EXISTING DN600 CULVERT

SAFETY IN DESIGN

CLIENT:

4 3 2

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE200115 2 FOR NOTIFICATION - ROAD LABELS ADDED FOR NOTIFICATION

200114

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REASON FOR ISSUE

DATE

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DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

PROPOSED STORMWATER LAYOUT

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

7.5

Full Size 1:750 ; Half Size 1:1500 Scale (m)

J4345

SHEET:

C009

REVISION:

WILL OW

BANK

AVE LEGEND: PROPOSED GRAVITY SEWER PIPE

SEWE

R PU

MPIN G LIN

PROPOSED SEWER PUMP PIPE

OPEN

DRAI N

EXISTING SEWER PIPE

PUMP STATION

PRIV

ATE R

OAD

DRAI

13.5m

OPEN

13.5m

PRIV

ATE R

OAD

PRIV

ATE R

OAD

uPVC

13.5m

150m

m uPV

PRIV

ATE R

OAD

ROAD

150mm

13.5m

uPVC

PRIV

ATE R

OAD

150mm

uPVC

13.5m

PRIV

ATE R

OAD

150mm

uPVC

13.5m

ROAD

13.5m

AD 5

3 ROAD

150m

13.5m

150mm uPVC

SEWER PUMPING LINE

13.5m ROAD 6

ROAD

m uPV

150m

13.5m

m uPV

ROAD

13.5m

150m m

13.5m ROAD

13.5m ROAD 8

13.5m RO

13.5m ROAD 7

uPVC

PUMP STATION

150mm uPVC

17.0m MAIN ROAD 1

17.0m ENTRANCE ROAD 2

17.0m MAIN ENTRANCE ROAD

17.0m MAIN ROAD 1

SEWER PUMPING LINE

150mm uPVC

ERIKSEN ROAD

CONNECT INTO EXISTING GRAVITY SYSTEM

EXISTING DN275 SEWER PUMPING MAIN

SAFETY IN DESIGN

CLIENT:

4 3 2

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE200115 2 FOR NOTIFICATION - ROAD LABELS ADDED FOR NOTIFICATION

200114

REV

REASON FOR ISSUE

DATE

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150mm uPVC

DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

PROPOSED SEWER LAYOUT

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

7.5

Full Size 1:750 ; Half Size 1:1500 Scale (m)

J4345

SHEET:

C010

REVISION:

LEGEND:

WILL OW

PROPOSED WATER MAIN

BANK

PROPOSED RIDER MAIN EXISTING WATER MAIN

OPEN

PRIV

ATE R

OAD

DRAI N

100mm mPVC PN12

13.5m

AVE

DRAI

13.5m

PRIV

ATE R

OAD

OPEN

13.5m

PRIV

ATE R

OAD

13.5m

PRIV

ATE R

OAD

100mm mPVC PN12 13.5m

PRIV

63mm PE

ATE R

OAD

100mm mPVC PN12

13.5m

PRIV

ATE R

OAD

13.5m

ROAD

63mm PE

ROAD

63mm PE ROAD

ROAD

100mm mPVC PN12

13.5m

AD 5

13.5m ROAD

13.5m RO

13.5m ROAD 8

100mm mPVC PN12

13.5m ROAD 6

13.5m

63mm PE

13.5m

13.5m ROAD 7

100mm mPVC PN12

63mm PE

100mm mPVC PN12

63mm PE

17.0m MAIN ROAD 1

100mm mPVC PN12

17.0m ENTRANCE ROAD 2

17.0m MAIN ENTRANCE ROAD

17.0m MAIN ROAD 1

150mm mPVC PN12

100mm mPVC PN12

150mm mPVC PN12

63mm PE

ERIKSEN ROAD EXISTING Ø550 MAIN CONNECT INTO EXISTING Ø200 BY NCC

EXISTING Ø200

PROPOSED DN200 WATERMAIN

SAFETY IN DESIGN

CLIENT:

FOR NOTIFICATION - INTERSECTION OFF ENTRANCE 2

FOR NOTIFICATION - ROAD LABELS ADDED

FOR NOTIFICATION

200114

REV

REASON FOR ISSUE

DATE

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DURHAM PROPERTY LTD

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PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROPOSED DN200 WATERMAIN PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

TITLE:

PROPOSED WATER LAYOUT

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

7.5

Full Size 1:750 ; Half Size 1:1500 Scale (m)

J4345

SHEET:

C011

REVISION:

13.5

BERM (Varies) 1.4 NEW FOOTPATH

0.7

3.0

KERB AND CHANNEL

4% min

1.8

STORMWATER KERB CONNECTION REFER TO NCC COP DETAIL M3.15 4% min

KERB AND CHANNEL

BOUNDARY

VARIES

BERM (Varies)

6.0m FORMED WIDTH

TREE PIT SUBSOIL DRAIN

SUBSOIL DRAIN

TREE PIT STORMWATER PIPE POWER

GAS

TELECOM

DN150 SN16 uPVC

DN100 PN9 uPVC / NEW DN63 SDR13.6 PE

TELECOM

GAS

POWER

13.5m TYPICAL CROSS SECTION NORTHERN ROAD

17.0m

BERM (Varies) 1.4 NEW FOOTPATH

3.3

0.7

3.3

KERB AND CHANNEL

4% min

STORMWATER KERB CONNECTION REFER TO NCC COP DETAIL M3.15

KERB AND CHANNEL

4% min

BOUNDARY

VARIES BOUNDARY

BERM (Varies)

6.6m FORMED WIDTH

1.8

SUBSOIL DRAIN

SUBSOIL DRAIN TREE PIT

TREE PIT POWER

GAS

TELECOM

DN150 SN16 uPVC

DN100 PN9 uPVC WATER MAIN

TELECOM

GAS

POWER

STORMWATER PIPE

17.0m TYPICAL CROSS SECTION MAIN ROAD

BOUNDARY

2.5 CAR PARKING

4.8 m FORMED WIDTH

1.4m NEW FOOTPATH

SERVICE BERM (Varies)

FLUSH NIB

DISH CHANNEL

0.55m BERM

2.5 CAR PARKING

BOUNDARY

13.5

1.8 SUBSOIL DRAIN

SUBSOIL DRAIN

STORMWATER PIPE

3 2

FOR NOTIFICATION - TYPICAL SECTIONS ADDED FOR NOTIFICATION

REV

REASON FOR ISSUE

DATE

PATH:J:\DUR - DURHAM PROPERTIES\J4345 - TE AWA SUBDIVISION (WILLOWBANK AVE)\2 - DWGS\XREF'S\J4345 - BASE SERVICES PLAN 2020.DWG DATE:7/2/2018

DURHAM PROPERTY LTD

P 06 876 7646 F 06 876 7645 www.stratagroup.net.nz Structural

Fire

PO BOX 758 Business HQ 1/308 Queen Street East Hastings, New Zealand Civil Project Management

PROJECT:

TE AWA SUBDIVISION (WILLOWBANK AVE)

POWER

CLIENT:

GAS

SAFETY IN DESIGN

TELECOM

DN150 SN16 uPVC

DN100 PN9 uPVC WATER MAIN

TELECOM

GAS

POWER

13.5m TYPICAL CROSS SECTION PRIVATE ROAD

NOTE: CAR PARKING LOCATIONS AS INDICATED ON SCHEME PLAN ONLY

TITLE:

TYPICAL ROAD CROSS SECTION

DJ EM CHECKED DJ DATE OCT 18

DESIGNED DRAWN

PROJECT NO.: This drawing and its contents are the property of Strata Group Consulting Engineers Ltd. Any unauthorized employment or reproduction in full or part is forbidden.

NTS

J4345

SHEET:

C012

REVISION:

APPENDIX 10 – APPROVED RESOURCE CONSENT STAGE 1A 1B 1C 26 JUNE 2020

73756.6

Page 60

2 June 2020

Durham Properties Ltd C/- Development Nous Ltd PO Box 385 HASTINGS 4156 (Jason Kaye)

Dear Mr Kaye

Decision on Resource Consent Application (RMS200026) at 16 and 38 Willowbank Avenue, Te Awa, NAPIER The resource consent application referenced by Council as RMS200026 to undertake a 19lot residential subdivision application (with two subsequent balance lots) across three stages: Stage 1A - 7 new residential lots (Lots 1 – 7) sized between 625m2 – 710m2 Stage 1B - 8 new residential lots (Lots 8 – 15) sized between 625m2 – 629m2 Stage 1C - 4 new residential lots (Lots 16 – 19) of between 613m2 – 634m2 at 16 and 38 Willlowbank Avenue, Te Awa, being legally described as: -

Lot 1 DP14417 RT HBG2/863 (4.5526ha) Lot 2 DP14417 RT 420376 (9.2648ha)

has been processed on a non-notified basis pursuant to Sections 95A and 95B and is hereby granted pursuant to Sections 104 and 104B of the Resource Management Act 1991. Relevant Statutory Provisions (a) Operative City of Napier District Plan (November 2011), (b) National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011, (c) Sections 95A-F, 104, 104B and 108 of the Resource Management Act 1991.

Reasons The reasons for making this decision and the conditions imposed are detailed within the associated planning report prepared for this application and summarised as follows: (a)

The proposed 19-lot residential subdivision is considered overall, to have positive effects with regard to the continued development of the Te Awa Structure Plan area. The adverse effects of the proposal are less than minor, and are able to be appropriately mitigated through imposition of consent conditions. In particular, the proposed layout of sites and associated lot sizes are commensurate with the anticipated development yield for the locale and are consistent with the pattern of development existing across Eriksen Road.

(b)

The proposal involves the required upgrade to the adjacent Eriksen Road frontage, as anticipated under the Te Awa structure plan. This includes providing for the piping of the existing open drain and undergrounding of the existing overhead powerlines, as well as formation of kerb and channel and implementation of requisite footpaths, street lighting and street trees. This will be provided for by either payment of the road frontage charge as required under the financial contribution payable, or alternatively by undertaking the physical works.

(c)

The proposal provides for adequate three waters and access infrastructure to service each of the proposed lots, whilst ensuring that there will be less than minor effects on the existing public infrastructure.

(d)

No persons are deemed to be adversely affected by the proposal to a minor, or more than minor extent.

(e)

The proposal is consistent with the relevant objectives and policies of the District Plan, particularly those that relate to the Main Residential zone within the Te Awa Structure Plan area; and

(f)

The proposal is consistent with the principles and purpose of the Resource Management Act 1991.

Conditions Under section 108 of the RMA, this subdivision consent referenced by Council as RMS200026 is subject to the following conditions: 1.0

Application Material and Plans The proposal shall be undertaken in accordance with the approved plans and application materials submitted with this application, referenced as follows: 

The Assessment of Environmental Effects titled ‘Stage 1A, 1B and 1C Subdivision

of 16 and 38 Willowbank Avenue, Napier’ prepared by Mr Jason Kaye of Development Nous and dated April 2020. 

The staged scheme plans titled ’Durham Property Investments - Proposed Subdivision of Lot 1 & 2 DP 14417 Comprised in RT HBG2/863 & 420376 – 16 & 38 Willowbank Avenue, Te Awa, Napier’ all dated 17/12/2019 and specific plan references – Drawing No.

Drawing Title

Revision

H20180069-C012

Stage 1A – Scheme Plan

H20180069-C013

Stage 1B – Scheme Plan

H20180069-C014

Stage 1C – Scheme Plan



The Geotechnical Assessment titled ‘Liquefaction Potential Assessment – Willowbank Subdivision Te Awa’ prepared by S. De Silva of RDCL and dated 9 October 2018.



The Detailed Site Investigation titled ‘Detailed Site Investigation – Eriksen Road Lifestyle Village – 38 & 16 Willowbank Avenue, Napier’, prepared by Geosciences Ltd and Development Nous and dated 16 January 2019.



The Hawkes Bay Regional Council Natural Hazards Property Report for 38 and 16 Willowbank Avenue, dated 21 April 2020.

2.0

Duration of Consent Under Section 125 of the Resource Management Act, this consent shall lapse 5 years after the date it is granted.

3.0

Monitoring Charge The consent holder shall pay an initial consent monitoring charge of $150.00 (including GST), plus any further monitoring charge/s to recover the actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent.

4.0 4.1

Infrastructure All new infrastructure for water, wastewater, stormwater, roads and access is to be designed and constructed in accordance with the requirements of the Code of Practice for Subdivision and Land Development and the Te Awa Structure Plan, except where a specific dispensation has been granted as part of this Resource Consent.

Advice Note: The current resource consent is located within Stage 5 of the Te Awa Structure Plan area, which represents ‘out of stage’ development. In accordance with Design Outcome 5 (Appendix 29A) the developer is required to fund the full cost of infrastructure where additional cost would be imposed on Council through provision of services in advance of anticipated staged development. This ‘funding’ is referenced by Council as a ‘capital contribution’ and is additional to any financial contributions payable under Design Outcome 18 and Chapter 65 of the District Plan. The Capital Contribution can be undertaken by either: i) Monetary payment to Council to allow completion of the works in advance; or ii) Physically undertaking the required works (where the value of such works is agreed with Council in advance of said works being undertaken). Noting such ‘capital contributions’ represent provision of standard ‘Council services’ but in advance, such payments are subject to reimbursement from Council at the time when such works would have been required had the development occurred in the anticipated staged manner.

4.2

The consent holder is required to obtain Engineering Approval for any new Council services and/or formation of assets (i.e. road frontage upgrades) required to service each Stage of the subdivision. The Engineering Approval is to be obtained prior to commencement of physical works. Advice Note: The consent holder is advised that a detailed Master Services Plan is in the process of being developed as a joint effort between Council’s Infrastructure Services Team and developers within the Te Awa Structure Plan area. To this end, it is recommended that the consent holder liaise with the Infrastructure Services Team prior to commencing detailed Engineering Approval design works.

4.3

4.4

4.5

That as-built plans and documents (including RAMM information) showing the construction of all road engineering works associated with the frontage upgrades, including street lighting, street planting, road markings and signage, in accordance with the requirements the Napier City Council Engineering Code of Practice, shall be submitted to Council once construction is completed and shall be certified as a complete and correct record by a Chartered Professional Engineer prior to the issue of the 224 Certification for each stage of the subdivision. Roading and Vehicle Crossings The Eriksen Road frontage (being adjacent to each of the stages 1A, 1B and 1C to the centre line of the road) of the subdivision is to be upgraded to full urban standard in accordance with the Code of Practice and the Te Awa Structure Plan. Any existing road asset that is damaged as a result of the implementation of the consent shall be reinstated in accordance with the Code. Stormwater

4.6

Stormwater calculations as per the Code of Practice for 10 year and 50 year return period shall be provided to the Napier City Council at Engineering Approval stage

4.7

The consent holder shall ensure that the design of the stormwater system shows secondary flow paths with levels and floor levels that will protect dwellings from flooding in a 50-year return period event. The secondary flow paths shall be legally protected and maintained.

4.8

All stormwater is to be controlled in terms of the Code of Practice for Subdivision and Land Development and E1 of the Building Code.

4.9

The consent holder shall pipe the existing open stormwater drain located in the road reserve immediately to the east of the proposed subdivision in accordance with the Te Awa Structure Plan (refer Appendix 29D – Te Awa Stormwater Network). The pipe work shall be designed to cater for the stormwater from the whole development site and any servicing required for the Te Awa Structure Plan area beyond the proposed development. Stormwater calculations shall be provided for the various return periods detailed within the Code of Practice.

4.10 The approved point of connection for stormwater is the Cowshed drain branch of the Te Awa detention pond. Wastewater 4.11 Each lot is to have a separate connection to Councils wastewater main. 4.12 The consent holder shall provide wastewater calculations at the Engineering Approval Stage. If the consent holder includes use of the existing sewer network draining to the Hurunui Pump Station catchment at Eriksen Road, evidence will be required that sufficient existing capacity is available to service the 19 lots of this subdivision and Stage 6 of the Te Awa Structure Plan (in conjunction with the existing wider catchment also utilising this pump station). 4.13 The wastewater options available for consideration by the consent holder include: Gravity Wastewater Connection a) The consent holder shall confirm the capacity of the existing Hurunui Wastewater Pump Station, considering flows from: -

The existing wastewater catchment; The wastewater from the 19-lot subdivision; and The anticipated wastewater generation (assuming a yield of 1 dwelling per 350m2), from the undeveloped ‘Stage 6’ land referenced as Lot 1 DP 318389 and Lot 2, DP6396.

Provided that adequate capacity is demonstrated under (a):

b) A local sewer shall be provided along the western side of Eriksen Road in the berm or carriageway edge to service Stages 1A, 1B and 1C. OR:

Pressure Wastewater Connection a) The consent holder shall provide a wastewater pump station and a pressure wastewater connection along Eriksen Road from the development to the connection point with the Taradale Road Wastewater rising main. The rising main shall be suitably sized to take wastewater from the area bounded by the western side of Eriksen Road, Cross Country Drain and Willowbank Road. Advice Note: The above options acknowledge that Stage 6 of the Structure Plan does not have any alternative option for wastewater disposal, other than use of the Hurunui Pump Station. Therefore, capacity at this pump station must be maintained to provide for future development. The development site is able to achieve wastewater disposal by way of either the Hurunui Pump Station (if capacity remains available after providing for Stage 6) or alternatively is able to be serviced via the Taradale Road Wastewater Rising Main.

Water 4.14 The consent holder shall provide a looped water main by: -

Extending the existing DN200 PVC main north along the eastern road berm of Eriksen Road for the extent of the road frontage of the development.

Providing a rider main along the western side of Eriksen Road within the berm for the extent of the road frontage of the development, with connection to the DN200 PVC on the eastern side of Eriksen Road at the northern and southern ends, and any intermediate feeds if necessary.

4.15 The consent holder shall provide a future connection(s) into the proposed development beyond the sections on the road frontage by providing a suitably sized connection(s) from the DN200 PVC main. 4.16 Each lot is to have a separate water connection in accordance with the Code. 4.17 All lots shall have fire protection in accordance with NZS PAS-4509. Advice Note: Napier City Council requires fire protection to FW2.

5.0 5.1

Reserves In accordance with Design Outcome 12 of the Te Awa Structure Plan, the consent holder is required to provide for Street Trees along the Eriksen Road frontage of the site. A plan shall be submitted to the Parks Asset Planner for approval at the Engineering Approval

Stage, which details the location and species of trees to be planted. 5.2

The street trees shall be planted along the Eriksen Road frontage (associated with each Stage, being 1A, 1B and 1C – for the entire length of each) in accordance with the approved plan (refer Condition 5.1) and best horticultural practice as follows: -

Trees shall be planted during the planting season (autumn to early spring) and watered thoroughly before planting; Trees shall be grown in a minimum of PB95 planter bags, be a minimum height of 3 metres (where appropriate to species) and shall have a minimum trunk diameter of 30mm at a height of 1.2 metres; Trees shall be well rooted to fill the bag; Trees shall have a bare trunk to a minimum height of 1.2 metres from the top of the bag; Trees shall be well branched from the 1.2 metre height with a central leader (where appropriate to the species); Trees shall be free of any pests or diseases; Any branches with ‘included bark’ shall be removed and all pruning shall be carried out following the National Target Pruning standards.

5.3

The trees shall be staked and tied to the satisfaction of the Parks Asset Planner.

5.4

The consent holder shall provide ‘As-Built’ plans detailing the location, species and irrigation to the Parks Asset Planner prior to the application of 224 Certification.

5.5

The fencing along the northern boundary of Lot 19 and the southern boundary of Lot 1 shall be of open style, or a maximum height of 1.2 metre solid fence, with the design to be approved by the Parks Asset planner. This fencing is to be constructed by the consent holder prior to 224 Certification and the control over style of fencing is to be maintained through imposition of a fencing covenant (refer Condition 10.2).

6.0 6.1

Earthworks The consent holder shall contact Napier City Councils Team Leader Resource Consents at least five (5) working days prior to the commencement of any earthworks authorised by this consent.

6.2

A sediment control plan shall be submitted to Napier City Council a minimum of one week prior to undertaking any earthworks on the site. This plan must have consideration for the construction site, staging, stormwater flow paths and ultimate receiving environment of stormwater. The plan shall include the following details: -

The mechanisms used to ensure that waterborne sediment does not depart the subject site. Outlines the mechanisms used to control dust.

Outlines the procedures for keeping stormwater systems, adjacent footpaths and roads free of mud, debris and obstruction. Outlines how parking associated with the construction will be managed. Outlines the nature and location of signage to be erected to warn pedestrians of the construction site and associated construction vehicles.

The consent holder must be in receipt of written acknowledgment from Napier City Council (Environmental Solutions Team) that the submitted sediment control plan is acceptable prior to the commencement of earthworks. 6.3

The consent holder shall ensure that appropriate sediment controls remain in place for the duration of the construction phase. These sediment controls shall ensure that no sedimentladen water exits the subject site.

6.4

The consent holder shall ensure that the best possible means are employed to ensure that windblown dust and soil and associated wind erosion is minimised, and that adequate drainage and silt control is in place during and following the earthworks to avoid, remedy or mitigate any adverse environmental effects.

6.5

The works are to be supervised and monitored by a suitably qualified Chartered Professional Engineer. Certification shall be provided to Councils Team Leader Resource Consents from the engineer in the form of a Statement of Professional Opinion to verify compliance with the intended use and that the works in accordance with the approved plans.

6.6

The consent holder shall implement suitable measures to prevent earth being deposited on public roads. If the materials are deposited on the road, the consent holder shall take immediate action at their own expense to clean the street. The measures shall remain in place until completion of work.

6.7

All earthworks shall be undertaken in accordance with the provisions of NZS 4431.

6.8

Immediately upon completion of earthworks, all earth worked areas shall be re-grassed or planted to ensure the surface is stabilised.

7.0 7.1

Hours of Site Works All earthworks on the property shall be limited to the hours of 7.30am – 6pm Monday – Saturday. There shall be no work undertaken on Sundays or Public Holidays.

7.2

All earthworks and construction operations shall be conducted to comply with the provisions of New Zealand Standard NZS 6803: 1999 Acoustics – Construction Noise.

7.3

Noise Levels will be measured in accordance with the New Zealand Standards NZS 6803: 1999 Acoustics – Construction Noise.

8.0

Financial Contributions The total financial contributions for this development have been calculated as $2,273,531.86 separated across each of the proposed stages of the development, as follows:

8.1

Stage 1A Total of $868,558.35 comprised of: Te Awa (per lot) Te Awa (plus: per hectare) local off site Te Awa (plus: per metre of road frontage)

8.2

$21,533.00 x 7 = $150,731.00 $515,027.00 x 4613m2 = $237,581.95 $3342.00 x 143.7 metres x = $480,245.40

Stage 1B Total of $945,681.56 comprised of: Te Awa (per lot) Te Awa (plus: per hectare) local off site Te Awa (plus: per metre of road frontage)

8.3

$21,533.00 x 8 = $172,264.00 $515,027.00 x 5024m2 = $258,749.56 $3342.00 x 154 metres = $514,668.00

Stage 1C Total of $459,291.95 comprised of: Te Awa (per lot) Te Awa (plus: per hectare) local off site Te Awa (plus: per metre of road frontage)

8.4

$21,533.00 x 4 = $86,132.00 $515,027.00 x 2502m2 = $128,859.75 $3342.00 x 73.1 metres = $244,300.20

The payment of the contributions shall be made to the Council at the time of an application for 224 Certification for each stage of the development, as the contribution towards the impact on and the cost of upgrading the existing engineering and community services as set out in the Council’s Essential Services Development Plan and the Te Awa Structure Plan. This amount is inclusive of GST and will be adjusted annually on 1 July each year in accordance with the Statistics NZ Producers Price Index. Note 1: The two balance sites have been excluded from the financial contribution calculations for this application, as these will be calculated as part of any future development proposals located on this land.

Note 2: The consent holder is advised that in the event that the road frontage upgrade works related to the ‘per metre of road frontage’ calculation are undertaken by the developer or their representatives, these works will form a full credit to the amount shown above for these works. To allow for the application of the above credits detailed in Note 2, the consent holder must ensure that written confirmation of agreement to the total value of works is obtained from Council’s Infrastructure Services Team prior to the works being undertaken.

9.0 9.1

Power and Telecommunications Each residential allotment shall be provided with individual power and telecommunication connections and evidence that the requirements of the electrical network operator and telecommunications operator have been met shall be provided to Council at the time of Section 224 certification.

9.2

All electrical mains cables and telecommunication cables within the subdivision shall be underground.

10.0 Easements, Amalgamations and Consent Notices 10.1 Pursuant to section 243 of the Act, easements for any services that cross one lot to service another and all easements shown on the Scheme Plan, shall be included in a memorandum endorsed on the plan, and shall be granted or reserved. Easement widths shall be as specified in the Code (Part C5.4). Existing easements are to be widened to comply with the Code. Documentation for easements in gross in favour of the Council shall be prepared by the City Solicitor, be presented for sealing by the Council, and shall be registered. The applicant shall meet all costs relating to the creation of easements. 10.2 The Fencing Covenants as per Condition 5.5 above shall be created over Lot 1 and 19. These covenants shall specifically exempt Napier City Council from any contribution towards fencing these allotments, being the owner of the adjacent drainage reserve and future owner of the adjacent indicative off road pedestrian linkage. All covenants shall be prepared by the City Solicitor at the consent holders expense. Evidence of your instructions to the City Solicitor to prepare this covenant shall be provided to the Council at the time of 224C certification. 10.3 A consent notice pursuant to Section 221 of the Act shall be issued by the Council to record that any new buildings to be constructed on Lots 1 – 19 (inclusive) shall utilise inert roofing

materials such as Colorcote or Coloursteele (or equivalent) that will achieve an equivalent performance standard in terms of release of metal contaminants. 10.4 A consent notice pursuant to Section 221 of the Act shall be issued by the Council to record that any new buildings to be constructed on Lots 1 – 19 (inclusive) shall be subject to specific engineered foundation design to mitigate potential effects associated with liquefaction. The cost of all documentation associated with the preparation of the above consent notices required in Conditions 10.3 and 10.4 is to be borne by the consent holder. 10.5 Easement Area ‘A’ on DP 14417 (E.C. 322767.4) is to be surrendered prior to application for S224 certification for Stage 1A.

General Advice notes (a)

All references to the Code in this consent relate to the Napier City Council Code of Practice for Subdivision and Land development.

(b)

The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including relevant Hawkes Bay Regional Council consents.

(c)

If you disagree with any of the above conditions or disagree with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A or 357B of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of notification of the decision.

(d)

All infrastructure assets that are to be taken over by Council and are part of this Resource Consent approval are indicative only. Final design approvals including the type of installation will be undertaken at Engineering Approval stage.

(e)

All applications for connections shall be made using the forms on the NCC website (https://www.napier.govt.nz/documents-and-forms/) and emailed to infractureservices@napier.govt.nz OR submit application at the Napier City Council Customer Service Centre.

Decision Prepared By:

Rebecca Sutton Senior Planner Stradegy Planning Ltd

Decision issued under Delegated Authority by:

Paul O’Shaughnessy Principal Resource Consents Planner Napier City Council

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 4/6/2020 10:43:56 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

HBH2/114

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

06/04/2020 FOR APPROVAL

KRC

HBB4/640

AN E

HBM1/677

Lot 156 DP 9997 0.0690

Lot 153 DP 9997 0.0839

Lot 157 DP 9997 0.0786

HBA1/516

HBJ3/948

HBM1/697

HBA3/1263

HBG2/863

VEN

HBF2/1462

Lot 194 DP 9997 0.0753 HBB3/848

Lot 195 DP 9997 0.0758 HB200/23

HBE1/318

Lot 197 DP 9997 0.0687

HBJ3/1004

HBA1/716

Lot 159 DP 9997 0.0814

Lot 151 DP 9997 0.0753

OW BA

HBH4/1235

HBM1/695

Lot 193 DP 9997 0.0741

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

HBM1/696 Bisson Place

Lot 1 DP 14417 4.5526

Lot 155 DP 9997 0.0672

Lot 192 DP 9997 0.0741

HBA3/48

Lot 12 DP 10375 0.0935

HBA1/619

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 154 DP 9997 0.0789

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

HBM1/694

HBB3/843

HBM1/676

AV EN UE

Lot 152 DP 9997 0.0819

Lot 150 DP 9997 0.1039

KRC

AV E

28/01/2020 FOR APPROVAL

Lot 190 DP 9997 0.0715

S BI

N SO

HBG2/478

Lot 11 DP 10375 0.1464

IEL

HBY1/923

CE A L

Lot 189 DP 9997 0.0703

SEF

Lot 6 DP 28293 0.0603

HBM1/687

KEC

HBF4/39

SER VIC EL

HBY1/922

PE RC YS PIL LER

Lot 23 DP 10192 0.0799

23/01/2020 FOR APPROVAL

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBM1/686

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 22 DP 10192 0.2137

Appr. Issued KRC KRC

HBW1/355

HBC4/792

HBE1/551

WI LL

Lot 161 DP 9997 0.0789 Lot 201 DP 10396 0.1090

Lot 162 DP 9997 0.0776

HBW1/356

Lot 1 DP 318389 6.1891

HBD3/1295

71899

Lot 202 DP 9997 0.0693

Lot 163 DP 9997 0.0786

HBH2/141

HBJ2/292

Lot 166 DP 9997 0.0682

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

HBA1/624

HBA2/1222

Lot 204 DP 9997 0.0703

HBK1/439

HBA1/801

Lot 165 DP 9997 0.0784

Lot 205 DP 9997 0.0675

HBD2/756

EN R O

LOT 501 13.3ha

HBA3/1372

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

HBA1/525

Lot 206 DP 9997 0.0687

HBA2/1403

HBA3/306

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

ERIK S

HBA3/1092

HBA3/306

Lot 209 DP 10451 0.0741 HBK1/626

28.5 20.0

31.5 20.0

420376

HBK1/977

LOT 6 629m²

Lot 97 DP 10451 0.0672 HBK1/825

20.0

Lot 98 DP 10451 0.0672

17.0

Lot 2 DP 14417 9.2648

HBE2/1003

Lot 379 DP 513468 0.0500

Lot 380 DP 513468 0.0483

Lot 381 DP 513468 0.0483

Lot 382 DP 513468 0.0483

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

31.5

Fieldwork

LOT 5 705m² 31.5

HBC4/814

LOT 4

Lot 94 DP 10451 0.0733

31.5 20.0

LOT 3 629m²

HBG3/590

Lot 370 DP 513468 0.0462 795979

35.0

Lot 9 DP 6055 2.1650

795981

22.5

793429

Lot 346 DP 513468 0.0544 793428

Lot 345 DP 513468 0.0544

Lot 374 DP 516362 0.0470

Lot 375 DP 516362 0.0470

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521 793432

Lot 351 DP 513468 0.0544

17/12/2017

KAITU 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

NA PL A

Lot 356 DP 513468 0.0604

Lot 352 DP 513468 0.0544

793427

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

KRC

17/12/2017

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS

795977

793433

HBB2/1223

Lot 368 DP 513468 0.0469

Date

Lot 373 DP 513468 0.0562

Lot 369 DP 513468 0.0509

793431

Lot 347 DP 513468 0.0544

20.0

20.0 22.5

LOT 1 710m²

Drawn

795980

793430

LOT 2 629m² 31.5

378863

Lot 371 DP 513468 0.0520

Lot 348 DP 513468 0.0544

31.5

Lot 3 DP 394762 6.7380

Lot 372 DP 513468 0.0543

Lot 349 DP 513468 0.0565

20.0

Lot 93 DP 10451 0.0713

Date

Checked

STA

686m²

HBG2/209

HURUNUI DRIVE

21.8

Lot 95 DP 10451 0.0713

GE 1

HBF4/40

22.4

Lot 96 DP 10451 0.0672

21.8

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R4.dwg

LOT 7 625m²

4.2

Lot 210 DP 10451 0.0728

793437

Lot 354 DP 513468 0.0527

Lot 364 DP 513468 0.0621

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 1A - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C012

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 4/6/2020 10:44:36 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

HBH2/114

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

AN E

UE VEN HBB3/848

Lot 195 DP 9997 0.0758 HB200/23

Lot 196 DP 9997 0.0703

28.5

HBW1/356

HBD3/1295

17.0

LOT 502 12.8ha

Lot 202 DP 9997 0.0693

31.5

LOT 12 629m²

HBH2/141

HBJ2/292

Lot 203 DP 9997 0.0718

31.5

20.0

Lot 164 DP 9997 0.0725

HBA2/1222

LOT 11 629m²

Lot 204 DP 9997 0.0703

HBK1/439

LOT 10 629m²

20.0

Lot 205 DP 9997 0.0675

HBD2/756

HBA1/525

Lot 206 DP 9997 0.0687

20.0

31.5

LOT 8 625m²

17.0

20.0

HBA2/1403

Lot 208 DP 10451 0.0741

ERIK S

28.4

HBA3/1092

HBA3/306

4.2

Lot 209 DP 10451 0.0741 HBK1/626

Lot 210 DP 10451 0.0728

LOT 7 STAGE 1A

HBE2/1003

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R4.dwg

71899

EN R O

Lot 207 DP 9997 0.0687

20.0

LOT 9 629m²

HBA3/1372

Lot 114 DP 10248 0.0419

Lot 1 DP 318389 6.1891

31.5

HBA1/801

Lot 165 DP 9997 0.0784

LOT 13 629m²

20.0

Lot 163 DP 9997 0.0786

31.5 20.0

Lot 201 DP 10396 0.1090

Lot 162 DP 9997 0.0776

20.0

HBE1/551

WI LL

Lot 161 DP 9997 0.0789

31.5

LOT 14 629m²

20.0

HBW1/355

HBC4/792

20.0

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

LOT 15 625m²

20.0

OW BA

HBH4/1235

4.2

HBM1/695

HBA1/716

Lot 159 DP 9997 0.0814

HBJ3/1004

Lot 151 DP 9997 0.0753

20.0

Lot 197 DP 9997 0.0687

20.0

HBE1/318

Lot 158 DP 9997 0.0710

HBM1/696

HBF2/1462

Lot 194 DP 9997 0.0753

GE 1

HBJ3/948

HBA3/1263

Lot 193 DP 9997 0.0741

Lot 157 DP 9997 0.0786

Lot 192 DP 9997 0.0741

STA

Lot 156 DP 9997 0.0690 HBA1/516

Bisson Place

HBA3/306

20.0

HBB4/640

Lot 118 DP 10451 0.0407

KRC

HBA3/48

Lot 12 DP 10375 0.0935 HBM1/677

HBM1/697

HBA1/624

06/04/2020 FOR APPROVAL

Lot 155 DP 9997 0.0672

Lot 153 DP 9997 0.0839

Lot 166 DP 9997 0.0682

HBA1/619

HBM1/694

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 154 DP 9997 0.0789

HBM1/676

AV EN UE

Lot 152 DP 9997 0.0819

Lot 150 DP 9997 0.1039

KRC

HBB3/843

AV E

28/01/2020 FOR APPROVAL

Lot 190 DP 9997 0.0715

S BI

N SO

HBG2/478

Lot 11 DP 10375 0.1464

IEL

HBY1/923

CE A L

Lot 189 DP 9997 0.0703

SEF

Lot 6 DP 28293 0.0603

HBM1/687

KRC

HBF4/39

SER VIC EL

HBY1/922

PE RC YS PIL LER

Lot 23 DP 10192 0.0799

23/01/2020 FOR APPROVAL

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBM1/686

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 22 DP 10192 0.2137

Appr. Issued KRC KRC

Lot 98 DP 10451 0.0672 HBK1/977

LOT 6 STAGE 1A

Lot 97 DP 10451 0.0672

Lot 379 DP 513468 0.0500

Lot 380 DP 513468 0.0483

Lot 381 DP 513468 0.0483

Lot 382 DP 513468 0.0483

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

HBK1/825

Fieldwork

Lot 96 DP 10451 0.0672

LOT 5 STAGE 1A

HBF4/40

HURUNUI DRIVE

Lot 95 DP 10451 0.0713

Date

Drawn

Date

17/12/2018

Checked

HBC4/814

LOT 4 STAGE 1A

Lot 94 DP 10451 0.0733

Lot 370 DP 513468 0.0462

HBG2/209

795979

Lot 93 DP 10451 0.0713

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

795981

Lot 349 DP 513468 0.0565 Lot 348 DP 513468 0.0544

793429

LOT 1 STAGE 1A

378863

Lot 346 DP 513468 0.0544 793428

Lot 9 DP 6055 2.1650

Lot 345 DP 513468 0.0544

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544

Lot 3 DP 394762 6.7380

Lot 375 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 374 DP 516362 0.0470

795980

LOT 3 STAGE 1A

HBG3/590

Lot 373 DP 513468 0.0562

793432

Lot 351 DP 513468 0.0544

KAITU 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

NA PL A

Lot 356 DP 513468 0.0604

Lot 352 DP 513468 0.0544

793427

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

KRC

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS

795977

793433

HBB2/1223

Lot 368 DP 513468 0.0469

793437

Lot 354 DP 513468 0.0527

Lot 364 DP 513468 0.0621

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK ROAD TE AWA, NAPIER STAGE 1B - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C013

Size

A3 Revision

HBW1/1023

HBW1/1021

STA LL STR

EE T

HBV2/873

Description Rev Date 1 17/12/2018 FOR APPROVAL Pt Section 92 Blk VIII Heretaunga SD 0.0916

Lot 8 DP 10375 0.2324

Lot 9 DP 10192 0.1274

HBM1/675

HBM1/678

NORTH

DP 26433 0.0498

FIT ZG E

HBW1/1022

LD P

DP 26433 0.0442

Lot 1 DP 26433 0.1325

DATE PLOTTED: 4/6/2020 10:45:14 AM BY : GEMMA GUILFORD

Lot 186 DP 9997 0.0748

HBM1/672

HBH2/114

Lot 10 DP 10192 0.1224

Lot 1 DP 28293 0.0596

06/04/2020 FOR APPROVAL

KRC

HBJ3/948

23.6

16.7

19.5

Lot 197 DP 9997 0.0687

HBM1/695

HBH4/1235

32.0 4.2

Lot 198 DP 10396 0.1778

Lot 160 DP 9997 0.0786

HBW1/355

HBC4/792

HBE1/551

LOT 14 STAGE 1B

WI LL

Lot 161 DP 9997 0.0789 Lot 201 DP 10396 0.1090

Lot 162 DP 9997 0.0776

LOT 15 STAGE 1B

OW BA

Lot 159 DP 9997 0.0814

LOT 503 12.6ha

HBA1/716

Lot 151 DP 9997 0.0753

LOT 16 625m²

HBW1/356

20.0

31.5

HB200/23

HBE1/318

HBJ3/1004

E 1C

UE VEN HBB3/848

Lot 195 DP 9997 0.0758

Lot 196 DP 9997 0.0703

Lot 158 DP 9997 0.0710

Bisson Place

31.5

LOT 17 630m²

17.0

HBA1/516

HBM1/697

HBM1/696

HBF2/1462

Lot 194 DP 9997 0.0753

19.4

AN E

Lot 157 DP 9997 0.0786

31.5

LOT 18 613m²

STA G

Lot 156 DP 9997 0.0690

HBA3/1263

Lot 193 DP 9997 0.0741

20.0

HBB4/640

Lot 153 DP 9997 0.0839

LOT 19 634m²

Lot 192 DP 9997 0.0741

Lot 155 DP 9997 0.0672

HBM1/677

HBA3/48

Lot 12 DP 10375 0.0935

HBA1/619

HBM1/694

HBJ4/1500

Lot 191 DP 9997 0.0728

Lot 154 DP 9997 0.0789

HBM1/676

AV EN UE

Lot 152 DP 9997 0.0819

Lot 150 DP 9997 0.1039

KRC

HBB3/843

AV E

28/01/2020 FOR APPROVAL

Lot 190 DP 9997 0.0715

S BI

N SO

HBG2/478

Lot 11 DP 10375 0.1464

IEL

HBY1/923

CE A L

Lot 189 DP 9997 0.0703

SEF

Lot 6 DP 28293 0.0603

HBM1/687

KRC

HBF4/39

SER VIC EL

HBY1/922

PE RC YS PIL LER

Lot 23 DP 10192 0.0799

23/01/2020 FOR APPROVAL

Lot 188 DP 9997 0.0718

HBM1/673

HBY1/918

Lot 2 DP 28293 0.0286 Lot 3 DP 28293 HBY1/919 0.0310 Lot 4HBY1/920 DP 28293 0.0319 Lot 5 DP 28293 HBY1/921 0.0276

HBM1/686

Lot 187 DP 9997 0.0705

Lot 24 DP 10192 0.3819

Lot 22 DP 10192 0.2137

Appr. Issued KRC KRC

LOT 13 STAGE 1B Lot 1 DP 318389 6.1891

HBD3/1295

71899

Lot 202 DP 9997 0.0693

Lot 163 DP 9997 0.0786

LOT 12 STAGE 1B

HBH2/141

HBJ2/292

Lot 166 DP 9997 0.0682

Lot 203 DP 9997 0.0718

Lot 164 DP 9997 0.0725

HBA1/624

LOT 11 STAGE 1B

HBA2/1222

Lot 204 DP 9997 0.0703

HBK1/439

HBA1/801

Lot 165 DP 9997 0.0784

LOT 10 STAGE 1B

Lot 205 DP 9997 0.0675

HBD2/756

Lot 206 DP 9997 0.0687

HBA1/525

LOT 9 STAGE 1B

HBA3/1372

EN R O

Lot 207 DP 9997 0.0687

Lot 118 DP 10451 0.0407

HBA2/1403

HBA3/306

LOT 8 STAGE 1B

Lot 208 DP 10451 0.0741

Lot 114 DP 10248 0.0419

ERIK S

HBA3/1092

HBA3/306

Lot 209 DP 10451 0.0741 HBK1/626

Lot 210 DP 10451 0.0728

LOT 7 STAGE 1A

XREF's: QuickMap_TE Awa_willowbank; Durham Property_LA BASE_v9_culdesacs; Willowbank Rd_QuickMap CAD FILE: H:\_2018\H20180069 - Durham Property Investments\CAD\H20180069-CONSENT-R4.dwg

HBE2/1003

Lot 98 DP 10451 0.0672 HBK1/977

LOT 6 STAGE 1A

Lot 97 DP 10451 0.0672

Lot 379 DP 513468 0.0500

Lot 380 DP 513468 0.0483

Lot 381 DP 513468 0.0483

Lot 382 DP 513468 0.0483

Lot 383 DP 513468 0.0483

795983

795984

795985

795986

795987

Lot 384 DP 516362 0.0483 804715

Lot 385 DP 516362 0.0483 804716

Lot 386 DP 516362 0.0483

Lot 387 DP 516362 0.0483

Lot 388 DP 516362 0.0483

Lot 389 DP 516362 0.0483

804717

804718

804719

804720

HBK1/825

Fieldwork

Lot 96 DP 10451 0.0672

LOT 5 STAGE 1A

HBF4/40

HURUNUI DRIVE

Lot 95 DP 10451 0.0713

Date

Drawn

Date

17/12/2018

Checked

HBC4/814

LOT 4 STAGE 1A

Lot 94 DP 10451 0.0733

Lot 370 DP 513468 0.0462

HBG2/209

795979

Lot 93 DP 10451 0.0713

Lot 372 DP 513468 0.0543

Lot 371 DP 513468 0.0520

795981

Lot 349 DP 513468 0.0565 Lot 348 DP 513468 0.0544

793429

LOT 1 STAGE 1A

378863

Lot 346 DP 513468 0.0544 793428

Lot 9 DP 6055 2.1650

Lot 345 DP 513468 0.0544

Lot 376 DP 516362 0.0470

Lot 377 DP 516362 0.0470

Lot 378 DP 516362 0.0490

804711

804712

804714

804710

804713

795982

795978

Lot 350 DP 513468 0.0521

Lot 347 DP 513468 0.0544

Lot 3 DP 394762 6.7380

Lot 375 DP 516362 0.0470

Lot 369 DP 513468 0.0509

793431

793430

LOT 2 STAGE 1A

Lot 374 DP 516362 0.0470

795980

LOT 3 STAGE 1A

HBG3/590

Lot 373 DP 513468 0.0562

793432

Lot 351 DP 513468 0.0544

KAITU 793438

793434

Lot 355 DP 513468 0.0527 Lot 353 DP 513468 0.1185 793435

NA PL A

Lot 356 DP 513468 0.0604

Lot 352 DP 513468 0.0544

793427

Lot 367 DP 513468 0.0550

Lot 366 DP 513468 0.0578

794507

794506

Lot 365 DP 513468 0.0914 793447

Date

KRC

17/12/2018

Designed

Date

Approved

Date

Client

DURHAM PROPERTY INVESTMENTS

795977

793433

HBB2/1223

Lot 368 DP 513468 0.0469

793437

Lot 354 DP 513468 0.0527

Lot 364 DP 513468 0.0621

Lot 363 DP 513468 0.0560

Lot 357 DP 513468 0.0584

793445

793439

Lot 358 DP 513468 0.0527

PROPOSED SUBDIVISION OF LOT 1 & 2 DP 14417 COMPRISED IN RT HBG2/863 & 420376

793446

Lot 362 DP 513468 0.0526

16 & 38 WILLOWBANK AVE TE AWA, NAPIER STAGE 1C - SCHEME PLAN Status

FOR APPROVAL

NOT TO BE USED FOR CONSTRUCTION PURPOSES

793444

Datum

793440

Lot 361 DP 513468 0.0526

793436

Lot 359 DP 513468 0.1125 793441

793443

Lot 360 DP 513468

Council Ref.

HB2000

Scale

1:1000

Drawing Number

H20180069-C014

Size

A3 Revision

APPENDIX 11 – SECOND NCC s95A DECISION

73756.6

Page 61

Planner :

Rebecca Sutton Stradegy Planning Ltd

Notification Assessment for Resource Consent Application No. RMS19006 Applicant:

Durham Property Investments Limited

Site Address/es:

16 Willowbank Avenue, Te Awa 38 Willowbank Avenue, Te Awa

Mailing Address:

Development Nous Ltd Attn: Jason Kaye PO Box 385 HASTINGS 4156

Legal Description/s:

16 Willowbank Avenue Record of Title HBG2/863 Lot 1 DP 14417 4.5526 ha 38 Willowbank Avenue Record of Title 420376 Lot 2 DP 14417 9.2648 ha Total ‘Site’ Area: 13.8174ha

Zone:

Main Residential Te Awa Structure Plan Area (Stage 5)

Additional Limitations:

Road Hierarchy Willowbank Avenue Collector Road Eriksen Avenue Local Road Hazard/s 1:50 year Flood Hazard High liquefaction vulnerability Applies To:

The development of a staged subdivision on the subject site to establish 162 dwellings, inclusive of: - Establishment of 162 residential lots, 8 reserve lots, 1 car-parking lot, 7 access roads and 1 jointly owned access lot as Stages 2-8; - A staged multi-unit consent (Stages 2 – 8); - Access related code of practice infringements (vehicle crossing in excess of 6 metres in width and retention of roads as private rather than vested); - Subdivision of land, land disturbance and change in use of land known to have had HAIL activities undertaken on it.

Site Visit:

Monday 16 September 2019

Subject Site/s:

1.0

Site and Locality The subject site is comprised of two adjacent, individual land parcels of 4.5526ha and 9.2648ha respectively – comprising a total site area of 13.8174ha. The subject site is bounded to the west by Willowbank Avenue and to the east by Eriksen Road. The northern and southern boundaries of the site are adjacent to privately owned properties. Overall, the topography of the site is essentially level. There is an existing dwelling located adjacent to the northern boundary of 16 Willowbank Avenue. The use of this dwelling by the current occupier is protected by way of legal agreement and as such, the application material states that the detailed design for the proposed swale is to incorporate any necessary bridging structure required to retain access to this dwelling. The existing structures located on 38 Willowbank Avenue are to be removed. The site is currently in pasture, however, is known to have had a range of agricultural activities undertaken on it previously, including market gardening, pastoral farming and orchard activities. The wider locale to the west of the subject site (across Willowbank Avenue) comprises the established residential suburb of Maraenui; whereas the environs to the south and east of the subject site are incorporated within the Te Awa Structure Plan Area. This area is subject to transformational change, with the dominant rural and productive land use being developed into high to medium density residential development in accordance with the direction afforded under the Structure Plan. This change is evidenced through the current land modification and building works occurring in the vicinity of the subject site, as well as acknowledgement of a number of approved but not as yet implemented consents; and resource consents in the processing phase which are applicable to a number of sites in the surrounding locale. These consents have been accurately identified and listed on Page 2 of the Addendum Assessment of Environmental Effects prepared by Development Nous.

2.0

Proposal The proposed development is to establish a 179-lot subdivision across 7 stages annotated as Stages 2 – 8 (noting that Stage 1 no longer forms part of the current application), and to undertake the associated earthworks and site infrastructure to enable this development. Resource consent is also sought for a concurrent 162 dwelling multi-unit development across Stages 2 – 8 to allow the construction of dwellings to occur on the site prior to the issue of the Records of Title for individual lots. In particular, the applicant has stated that the overall development is to be marketed as a gated, ‘Lifestyle Village’ which is to be targeted to ‘retired occupiers, over the age of 55’ with each home to be located on a separate title (as identified on the submitted scheme plan). There is to be no managed, personal care element available for occupiers. Stages 2 – 9 of the development form the basis for the ‘lifestyle village’ with the access roads proposed to be retained in private entity ownership. This will allow for the imposition of gates at the two vehicle entrances to control/restrict access. The applicant has stated through the Addendum Assessment of Environmental Effects that the access gates are to remain open during the daytime (7am to 6pm) and will be closed at night-time (6.01pm – 6.59am), requiring a security pass provided to the residents to access during the times they are closed. The entrance gates are to be fitted with a code override system to enable access for emergency vehicles during the hours that the gates are closed.

2.1

Subdivision Specifically, the 7 stages of the subdivision are described as follows: Stage 1 Stage 1 (A, B and C) have been removed from the scope of the current application as it did not form part of the ‘lifestyle village’ and as such, is no longer subject to any assessment as part of the current application. The site detail that has been left on the plans is for information purposes only. Stages 2 - 8 Proposed stages 2 – 8 comprise the extent of the proposed gated community which is a total of 179 lots (162 residential lots) and are to be marketed to the aged 55+ retirees as a ‘lifestyle village’ that caters to the required ‘perception of safety’1 that this age group seeks. The development of lots within each stage is detailed as follows: Stage

Residential Lots

Reserves

Private Roads/Parking

2 (Lot 301 and 305)

Lot 401

2 (Lot 306 and 302)

Lot 402

Lot 403

2 (Lot 303 and 307)

Lot 404

JOAL (Lot 417) and Lot 405

2 (Lots 308 and 304)

Lot 406 and Lot 24 (to be utilised for parking)

Lot 407

TOTAL

162

Noting that with each Stage a reducing ‘balance lot’ is also to be formed. 2.2

Refer page 7, paragraph 1 of the Assessment of Environmental Effects

western, northern and eastern boundaries – i.e. will be provided outside of the ‘gated community’ to allow for unimpeded public entry into this space. The remaining pocket parks (Lots 302, 303 and 304) are also to be fenced ‘outside’ of the gated community, therefore the fencing is proposed to traverse the northern, southern and eastern site boundaries to also allow for ‘public’ entry into these spaces. While these parks will provide a degree of amenity and connection to the proposed reserve, it is noted that their main users will likely be persons from within the lifestyle village accessing the swale walkway rather than a space for active recreation (due to their small scale). The main purpose for these three pocket parks will remain as drainage corridors/storm water overland flow. To summarise, the latest iteration of the proposal with regard to reserves seeks to vest all proposed reserves, comprising a total area of 33,890m2 across Lots 305, 306, 307, 308 (swales), Lot 301 (Neighbourhood Reserve) and Lots 302, 303, 304 (Pocket Parks/Drainage Corridors). 2.3

Multi-Unit Development The proposal includes the staged, multi-unit development for the 162 dwellings that are proposed to be constructed over Stages 2 – 8. The purpose of this component of the application is to provide for the commencement of construction of dwellings prior to the issue of Records of Title for each of the proposed lots.

2.4

2.5

The proposal requires that the access in and out of the property be gated, which prevents vesting of the road as public. Therefore, all proposed access roads are to remain in private ownership and the southern vehicle crossing exceeds the maximum width allowance which are infringements to the Code of Practice for Subdivision and Land Development (Condition 5.37).

This report concludes that that soil contamination within the site boundaries does not exceed the applicable standard in regulation 7 (Section 13 - page 28) and as such, will not generate a threat to human health nor does the land require any remediation works as part of the current application. 2.6 Infrastructure 2.6.1 Access and Roading The proposal includes a private network of ten roads, accessed from two entrances to Eriksen Road. The design of the internal road network has been altered from that initially proposed, with the intention of meeting Council’s Code of Practice with regard to width and layout for public roads. However, to allow for the gating of these roads, it is not possible for the roads to be vested with Council. Instead, it is proposed that these roads be retained in private ownership as part of a privately-owned common area that is to be managed by a body corporate. 2.6.2 Water, Wastewater and Stormwater Servicing The water, wastewater and stormwater infrastructure to service the proposed subdivision is detailed within the submitted infrastructure report titled ‘Land Development Servicing Report’ Rev. C prepared by Strata Group and shown on the plans associated with this report. These services are all to be constructed as part of the establishment of the subdivision and are proposed to be vested with Council. In summary: - Water is proposed to be provided from the 200mm diameter main in Eriksen Road, which is proposed to be extended by Council along Eriksen Drive. Within the development, it is proposed to provide a principal DN150 main running along one side of the road with a looped 63mm rider main running back along the opposite side. A series of appropriately sized feeder branches will be run up each access way to serve the required lots. -

Wastewater services can be provided to the site through the existing gravity and pumping mains in Eriksen Road. The gravity connection is on the eastern side of Eriksen Road and is at adequate depth to extend it along the full length of the road frontage allotments. The remainder of the development would be serviced with two pump stations located beside the swale drain for ease of access. These pump stations are positioned to keep the gravity pipe and chamber depths to a minimum for safety in design considerations. A 100mm sewer pumping main in Eriksen Road could be used to provide a connection for the first pump station, however, when the second pump station comes on line, it is likely that the connection point would need to be extended to where it enlarges to a 150mm pumping main some 250m south of the development site. Appropriate easements in gross are proposed to cater for council assets laid in private land.

Storm water design parameters have been taken from NCC CoP 2015; I1.9. Coefficients have been set at 0.55 for all allotments except lots 12-19 of Stage 1 where owing to the potential for higher site coverage (up to 56%) a higher coefficient of 0.65 (‘Town house development’ from NZBC E1/VM1) has been adopted. Roads and reserves have been assigned coefficients of 0.85 and 0.30 respectively. The pipe network has been designed to allow for both a 10% and combined 10/2% AEP events. Rainfall data has been taken from HIRDS V3 with a 2.1 degree increase for expected 2090 climate change. 2.6.3 Utility services The Strata Group Report details that power and telecommunications have been laid through to the proposed development site as part of the Eriksen road and Hurunui Road residential development. It is intended to extend these services through the development. Further, Power-Co have been approached to service the site for gas which is to run concurrently with other utilities in proposed trenches.

3.0

Application Background To allow for a complete understanding of the proposal and the key dates applicable to the application, it is necessary to provide some background/ a timeline for the application, as follows: Date (2019)

Action

21 January

Application received by Council

28 January

S88 Check completed and application formally lodged

22 February

S92 Request for Further Information Issued

15 March

Preliminary S92 response provided

2 April

Official S92 response provided

Post review of the S92 response provided to Council by email on 2 April 2019, a number of meetings and email correspondences has occurred between the developer, their planning agent and various Council staff to seek to resolve the key matter in contention, being the provision of the gates preventing the vesting of the road network proposed to service the development, and the preference of Council to have such a scale of access ways as vested, public road. A letter was issued to Council from the legal counsel representing the applicant on Friday 13 September 2019 seeking further clarification with regard to the key matter in contention, noting that the applicant wishes to progress the application urgently and sought response from Council with regard to the above matters. Further to receipt of this letter, it was established that satisfactory information had been provided by the applicant to be able to understand and assess the actual or potential effects of the proposal on the environment and that it was acceptable to take the application ‘off hold’ pursuant to S92 as of 19 September 2019 and proceed to undertake a notification assessment of the application. A notification determination was subsequently formalised on 05 November 2019, and the applicant was requested to provide a cohesive set of updated plans (to reflect the changes that had been made during the progression of the application) to allow for progression of the notification of the application. The deposit fee for notification was paid, however no updated plan set was made available therefore notification of the application was not able to proceed. 8

On 20 March 2020, a revised application was made available and a meet between the applicant, their agent, Council officers and the processing planner. This identified the changes to the application for consideration. Various email correspondences have occurred in the subsequent time since this amended application material has been made available, with the final information being furnished by email on Tuesday 21 March 2020. The most recent application material has been referenced within Appendix 1 to this report.

4.0

Reasons for Consent Resource consent is required for the following reasons:

4.1

Operative City of Napier District Plan 2011 

The proposal is to undertake a residential subdivision ‘out of stage’ within the Te Awa Structure Plan area and associated multi-unit development that does not comply with the conditions in Rule 5.38 – Development of Land within Structure Plan Areas. This requires consent for a Discretionary activity pursuant to Rule 5.13(1)(g) and Rule 5.38(1).



The proposal includes subdivision and multi-unit development that fails to meet conditions 5.19 – Site Coverage and 5.37 - Code of Practice for Subdivision and Land Development. This requires consent for a Restricted Discretionary activity pursuant to Rule 5.12.



The proposal results in a non-compliance with Table C5.7.1 – Non-Public Access (Subdivision and Land Development Requirements) as whilst the proposed widths of the non-public access-ways meet the standards for a public road, these are not to be vested as public roads and as such will service in excess of 8 residential lots. This requires consent for a Discretionary activity pursuant to Rule and Rule 61.11(1).



The proposed lifestyle village is to include entry signage, of which indicative detail has been provided (refer Appendix B). The village name is yet to be determined, however the proposed location of the signage is to be mounted on the fencing between the main village entrance and will comprise an indicative area of 3.3 metres x 0.6 metres (total face area of 1.98m2). This signage is to be discreetly underlit during the hours of darkness. The proposed signage requires consent for a Restricted Discretionary activity pursuant to Rule 58.21.

Note: In accordance with Rule 52A.8(a) the proposed earthworks are to be assessed as part of the subdivision application, and as such are exempted from the relevant conditions of the Earthworks Activity table. 4.2

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NESCS) 

A detailed site investigation of the piece of land has been submitted as part of the application material which states that the soil contamination on the site does not exceed the applicable standard in regulation 7. On this basis, the application requires consent for a Controlled activity pursuant to Clause 9 of the NESCS.

5.0

Notification Assessment

5.1

Public Notification Assessment - Section 95A and 95D Section 95A(3), as ‘Step 1’ states when a consent authority must publicly notify an application. These include circumstances where: (a)

the applicant has requested that the application be publically notified;

(b)

public notification is required under Section 95C;

(c)

the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.

In this instance, mandatory public notification of the application is not required as: - The applicant has not requested that the application be publicly notified; - The applicant has provided the additional information requested in the submitted S92 responses (dated 15 March 2019 and 2 April 2019); and - The application is not made jointly with an application to exchange recreation reserve land. Section 95A(5) within ‘Step 2’ details the necessary criteria when public notification of the proposal is precluded. This is where: (a) the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification: (b)

the application is for a resource consent for 1 or more of the following, but no other, activities: (i)

a controlled activity:

(ii)

a restricted discretionary or discretionary activity, but only if the activity is a subdivision of land or a residential activity:

(iii)

a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity:

(iv) a prescribed activity (see section 360H(1)(a)(i)).

In this instance, the proposal is precluded from public notification for the following reasons: - The application requires consent for a controlled activity under the NESCS which is precluded from notification (95A(b)(i)); and -

The application is for a discretionary activity resource consent to subdivide the land and to undertake residential activities (multi-unit consent) (95A(b)(ii)).

Notwithstanding whether S95A(4) precludes public notification of the application, Section 95A(9) states that a Council must notify an application for resource consent if it considers that special circumstances exist in relation to an application. This assessment follows:

5.2

The current application seeks to establish a ‘lifestyle village’ comprising a total of 162 residential dwellings to be occupied by persons aged 55+ years. This village is to be accessed by a network of non-public accessways (proposed to be built to Code of Practice standards for public roads) to allow for the provision of gates at the two, ‘public’ vehicle entrances proposed for the site to Eriksen Road. The assessment of environmental effects submitted as part of the application material details: The … lots …. will be developed to create a managed lifestyle village targeted at occupiers over the age of 55, with controlled access in the form of entrance gates. The controlled access prevents the internal access network from being vested with the Council as road but is necessary for the character of development and resulting perception of safety that is desired by the target demographic. Individual titles are proposed for all of the lots within the residential village, which will be linked to an incorporated society entity controlling the common area throughout the development. For clarity, the structure will not be a unit title development.

Therefore, whilst the proposal is described as a ‘lifestyle village’ it is in fact designed as a ‘gated community’complete with exterior fencing and controlled access gates. Whilst the concept of ‘gated communities’ is not new or novel within the wider national context for New Zealand, the application is the first application of this type and scale within Napier City. As such, it is considered that the current application raises wider policy and social considerations than would otherwise be generated by a greenfields subdivision of a similar scale and design, which was ‘open’ to the public and accessed by vested, public roads. 5.2.1 Community and Social Considerations The concept of gated communities is a relatively new field of research within the planning literature, however the available academic literature2 associated with gated communities identifies a number of perceived positive effects for occupiers of such developments, as well as resultant adverse effects for both occupiers and wider society. The appeal of such developments to potential occupiers relates to a perceived increase in safety, the fostering of stronger community ties through the imposition of age/demographic restrictions, establishment of privacy from the ‘wider’ community and access to communal recreation assets. However, the negative aspects generated by such development are well documented, including but not limited to: - segregation of communities; - isolation of individuals; - a fostering of elitism; and/or - a contribution to social inequality. In terms of assessment of the current application, being 162 dwellings within a gated community; I consider that this represents a type of development that is not anticipated within the Napier City area and as such, makes notification of the proposal desirable. It may be that the people of Napier would like to see this change in character for future development; or indeed support the provision of additional choice with regard to residential developments. However, the potential for adverse effects and the resultant precedent effect that such an application may represent is of sufficient gravity to warrant consultation of the wider community.

Various articles located on ResearchGate, ScienceDirect and JSTOR on-line resources (refer Appendix 2) 11

5.2.2 Asset-Owner Infrastructure Considerations The current proposal seeks to vest all water, wastewater and storm water infrastructure located within the private access roads to Council and provide for access to these services by way of Easements in Gross, noting: Three waters infrastructure is designed to be accommodated within the internal road corridors. This infrastructure is similarly available to vest in Council. The scheme plans have been prepared on the basis of three water infrastructure being vested in Council and the internal road network remaining private. Alternative ownership arrangements for infrastructure can be readily addressed by way of planning condition and the retention, management and maintenance of that infrastructure by a residents’ society.3

This type of arrangement for servicing gives rise to a number of concerns for Council as ‘asset owners’ rather than as the ‘consenting authority’. To this end, the application material has been forwarded to Mr Jon Kingsford – Director Infrastructure Services for review and he has provided comment as follows: -

It is the position of the Infrastructure Services directorate that NCC will not inherit the three water services beyond the boundary and into this private development (unless mandated). This has the high likelihood to create a number of long term issues around operation, maintenance and renewal and is not something we would entertain or want replicated in the city.

After consideration of these comments, it is considered that the proposed ownership model of the roading network (being private) results in three-waters infrastructure implications that make the notification of the proposal desirable, noting that the Napier community have an interest in the provision and maintenance of three waters infrastructure into the future. 5.2.3 Urban Design The design changes to the configuration of the access roads were presented as part of the amendments to the application material, provided to Council on Friday 20 March 2020. These amendments have changed the design from a ‘circular boulevard road’ to a series of 7 cul-de-sac head designs, each providing access to 2x ‘private driveways’ north and south of each cul-de-sac head – as shown below:

Page 1, Para 8 Addendum Assessment of Environmental Effects. 12

Former Access Road Design

Latest Iteration of Access Road Design

The applicant’s agent advised that this design change has been undertake so that, despite the access road being retained within private ownership, in all other design aspects the access roads now comply with the Code of Practice. In particular, this alternative design work was undertaken on the basis that the internal roading network, as proposed, did not comply with the Code of Practice for the following reasons: -

F.1.4.2 – Secondary Roads, Urban (b) Major Local Roads Typical catchments are 25-125 Dwelling Units (DU’s) or 60 to 150 persons (industrial and commercial) and typical traffic volumes are 200-1,000 vpd.

I note that with the number of dwellings serviced by this western-most road being between 32 and 44 dwelling units (discrepancy arising from corner sites), and no through traffic (as the road network is essentially a ‘closed system’) Table F1 – Recommended Road Design Standards of the Code of Practice states: Standard Legal Road Width – 17m Minimum Legal Road Width – 14 metres The Strata Group Report states that the legal road reserve within the internal network is 13.5 metres. I note that this is representative of a 0.5 metre reduction from the minimum width required by F1, however I consider that the new design to ‘comply’ with the CoP results in a disproportionate adverse effect with regard to the urban design principals of connectivity and legibility; particularly where the reduction of 0.5 metres when held in private ownership (as is proposed) does not materially affect the safe operation of such a network. 13

Further, I note that despite the above changes, the roads can only be considered ‘compliant’ with the Code of Practice in the event that the roads are vested, which is not possible (refer Section 334 of the Local Government Act 1974) given that the gating of the road at the entrance to Eriksen Road is of fundamental importance to the proposed ‘lifestyle village’. To be clear, it has been advised the entire time that it is Council’s preference that such a large number of lots/ dwellings (162 in total) be serviced from public/vested roads. However, noting that this is not possible with the provision of the gate, the application is to be assessed on the basis that all access roads are to be held privately and as such, are not compliant with Table C5.7 (Volume 1 of the Code of Practice). I consider that the changes to this access design have resulted in an adverse urban design outcomes with regard to circulation and legibility. Ms Georgina King, Napier City Council’s Urban Designer has reviewed the proposed changes and makes the following comments: -

The proposed development is set out as if it comprises a series of neighbourhood blocks, however the road layout in fact comprises 7 cul-de-sacs with narrow right-of-ways branching off the cul-desac heads. This is a confusing roading system offering no intuitive way-finding, and poor connectivity. The neighbourhood blocks increase in length incrementally from north to south. Two of the larger blocks offer vehicle & pedestrian access mid-block which is good from a connectivity, intuitive wayfinding and walkability perspective. Unfortunately the remainder of the residential blocks (including the longest block immediately across from the main reserve entrance / public greenspace) offer no mid-block connection, either for pedestrians or for vehicles. This adds to the disjointed flow within the development, and makes walking to the public greenspace unnecessarily long and convoluted.

And her recommendations include re-instatement of the former ‘circular boulevard’ design approach. I concur with Ms King’s assessment with regard to effects regarding Urban Design and consider that the proposed amendments to the design of the access roads are largely immaterial, noting that the retention of the entire network of road as ‘private’ means that compliance with the Code of Practice is not achieved, even if the road width requirements for public roads are. Overall, it is my opinion that the proposed design change to the access network that has occurred with the intent of seeking compliance with the Code of Practice has resulted in a disproportionate adverse effect with regard to the overall design of the subdivision development that requires considerations, particularly as the retention of road as private essentially nullifies the stated ‘compliance’ with the Code of Practice. 5.2.4 Conclusion with regard to Special Circumstances In Murray v Whakatane DC [1997] NZRMA 433, Elias J stated that circumstances which are “special” will be those which make notification desirable, notwithstanding the general provisions excluding the need for notification. In determining what may amount to “special circumstances” it is necessary to consider the matters relevant to the merits of the application as a whole, not merely those considerations stipulated in the tests for notification and service. As detailed above, I consider that the wider social and policy effects arising from the current application elevate the application to ‘exceptional’ insofar as it represents an atypical development within the Napier City context, at a neighbourhood scale that has the very real potential to alter the overall approach to residential development within Napier into the future. 14

6.0

Recommended by:

Rebecca Sutton Senior Planner Stradegy Planning Ltd Date: 05 November 2019 Revision Date: 28 April 2020

Approved for Notification by:

Paul O’Shaughnessy Principal Resource Consents Planner Napier City Council

Appendix 1 – Application Material and Plans 1.

The Assessment of Environmental Effects titled ‘Assessment of Environmental Effects – Residential Subdivision and Development 16 and 38 Willowbank Avenue, Napier’ prepared by Jason Kaye of Development Nous and dated 17 January 2019.

The Assessment of Environmental Effects ADDENDUM titled ‘Assessment of Environmental Effects ADDENDUM – Residential Subdivision and Development 16 and 38 Willowbank Avenue, Napier’ prepared by Jason Kaye of Development Nous and dated March 2020.

Staged Subdivision Plans prepared for Durham Property Investments by Development Nous and titled ’Proposed Subdivision of Lot 1 & 2 DP14417 Comprised in RT HBG2/863 & 420376 - 16 & 38 Willowbank Ave, Te Awa, Napier’ and Drawing references as follows:

Drawing No.



Title



Date



H20180069-C011



Overall Scheme Plan



28/01/2020 

H20180069-C015



Stage 2 – Scheme Plan

28/01/2020 

H20180069-C016



Stage 3 – Scheme Plan

28/01/2020 

H20180069-C017



Stage 4 – Scheme Plan

28/01/2020 

H20180069-C018



Stage 5 – Scheme Plan



28/01/2020 

H20180069-C019



Stage 6 – Scheme Plan



14/04/2020 

H20180069-C020



Stage 7 – Scheme Plan



14/04/2020 

H20180069-C021



Stage 8 – Scheme Plan



28/01/2020 

Rev

The Landscape Concept Design titled ‘Landscape Concept Design’ prepared by Development Nous, Revision L and dated 20/04/2020 comprising plan set referenced as: 

Title



Lot Plan



Architectural Overlay



Indicative Signage with Estate Entry Detail



Indicative Fencing Diagram and Road Corridor Profile



Indicative Cross Section – Road Corridor



Indicative Cross Section – Drainage Reserve



Planting Character



Duplex Units – Typical Landscape Concept Plans



Single Units – Typical Landscape Concept Plan



Planting Palette

The Urban Design Report titled ‘Eriksen Road Lifestyle Village Te Awa – Urban Design Report’ prepared by Development Nous, Revision E and dated 27/02/2020.

The Transport Assessment titled ‘Proposed Lifestyle Village 16 and 38 Willowbank Avenue, Napier’ prepared by Traffic Solutions Ltd, Revision B and dated 15 January 2020.

The Land Development Servicing Report titled ‘Durham Properties Ltd, 16-38 Willowbank Avenue, Napier’ prepared by Strata Group Consulting Engineers, Revision C, undated (provided by email 21/04/2020) and associated development plans referenced as: Drawing No.



Title



Rev

C001



Site Location Plan



C002



Proposed Site Plan



C003



Existing Contour & Overland Flow Plan



C004



Proposed Contour & Overland Flow Plan



C005



Earthworks Plan



C006



Earthworks Section



C007



Earthworks Section



C008



Services Overview



C009



Proposed Stomwater Layout



C010



Proposed Sewer Layout



C011



Proposed Water Layout



C012



Typical Road Cross Section



The Detailed Site Assessment titled ‘Detailed Site Assessment –‘Eriksen Road Lifestyle Village – 38 & 16 Willowbank Avenue, Napier’ prepared by Geosciences Ltd and Development Nous and dated 16 January 2019.

The Geotechnical Liquefaction Assessment titled ‘Report on Liquefaction Potential Assessment – Willowbank Subdivision, Te Awa’ prepared by RDCL and dated 9 October 2019.

10. The S92 Letter titled ‘Resource Consent Decision (RMS19006) – 16 Willowbank Avenue, Napier – Further Information’ prepared by Ms Bridget Nicholson of Napier City Council and dated 22 February 2019. 11. The S92 Clarification Letter titled ‘Clarification of Further Information Request (RMS19006) – 16 Willowbank Avenue, Napier’ prepared by Jason Kaye of Development Nous Ltd and dated 15 March 2019. 12. The S92 Response Letter titled ‘Response to Further Information Request (RMS19006) – 16 Willowbank Avenue, Napier’ prepared by Jason Kaye of Development Nous Ltd and dated 02 April 2019.

13. The further clarification response email titled ‘RE: Te Awa Subdivision. Durham Properties Ltd’ prepared by Mr Jason Kaye of Development Nous and dated 21/04/2020. 14. Dwelling Plans prepared for Seth Palmer by Innovate Architecture Ltd and titled ’Eriksen Road Development [Concept] and Drawing references as follows: Drawing No.  



Date



07/09/2018 

Rev

Duplex Two/Three-Bedroom 04



Title



Floor Plan

Two/Three Bedroom Dwelling 01



Cover Plan



01/02/2019 



Floor Plan



01/02/2019 



Elevations



01/02/2019 

Appendix 2 – Reference List of Literature

Review of Academic Articles - Gated Communities Consideration of ‘Special Circumstances’ RM19006 – 16 and 38 Willowbank Avenue

Bekleyen, A., & Yilmaz-Ay, I. (2016). Are gated communities indispensable for residents? Urbani Izziv, 27(1), 149-161.

Blakely, E., & Snyder, M. (1998). Forting Up: Gated Communities in the United States. Journal of Architectural and Planning Research, 15(1), 61-72. Grant, J., Greene, K., & Maxwell, D. (2004). The Planning and Policy Implications of Gated Communities. Canadian Journal of Urban Research, 13(1), 70-88. Helsley, R., & Strange, W. (1998). Gated Communities and the Economic Geography of Crime. Journal

of Urban Economics, 46(1), 80-105. Salah, N., & Ayad, H. (2018). Why People Choose gated Communities: A case study of Alexandria Metropolitan Area. Alexandria Engineering Journal, 57(4), 2743-2753

Smith, L., Ross, M., Pritt, R., Woram, B., Witt, J., & Welch, T. (1997). Gated Communities: Private Solution or Public Dilemma? The Urban Lawyer, 29(3), 413-426.

Informal Resources

https://www.noted.co.nz/archive/archive-listener-nz-2004/my-home-my-fortress https://thehub.sia.govt.nz/assets/documents/future-of-housing-%20in-new-zealand.pdf

APPENDIX 12 – NCC CORRESPONDENCE 18 DECEMBER 2020

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File ref: 16 & 38 Willowbank Road

18 December 2020

Robert Palmer r.e.palmer@xtra.co.nz

Dear Robert RESOURCE CONSENT (19/006): 16 & 38 WILLOWBANK ROAD, TE AWA, NAPIER. Thank you for taking the time to meet with us in order to discuss the above Resource Consent and specifically the gated community aspects of the development. It would appear that the issue is generally related to the approach that has been taken in the application for a Resource Consent and your desire to have a retirement village approach. It would also seem that Council’s perspective has not been conveyed to you previously. Unfortunately this appears to have caused confusion in that the application is for what is essentially a normal residential subdivision with individual owners owning each property. The retirement village concept is at odds with this in that the application doesn’t fit with the true definition of a retirement village activity as defined in the District Plan. Having a gated community and having various activities within the complex controlled by a corporate body means that the development isn’t a straight subdivision. To assist in bringing a resolution to this situation, there are several aspects that need to be addressed as follows:1. Gating the entrance road to the development and the resulting road ownership. 2. Ownership of services located under private roads. 3. Legal ownership of each lot. 4. Standards used for services within the development. 5. Contributions in terms of the Te Awa Structure Plan. 6. Amending the Resource Consent application if necessary. The above points may need further discussion, but for now I will discuss each issue in turn from Council’s perspective:1. Gates on the development. 1.1. Current legislation does not allow for Council to gate off a public road nor is it possible for Council to allow another party to close off a public road. This is supported by case law including case law from the Court of Appeal.

2. Consequently gates on a public road are not legal and if gates are required then the roads within the development behind the gates must be private. 3. Council services within the development 3.1. Control of any activity that may occur in private roads. As Council has no control of who does what within the development Council could be at risk of litigation should someone undertake work on mains without any oversite by Council. 3.2. Issues such as cross connections of water mains could easily take place and put the water supply network within the development at risk. As this is becoming a major health issue the risks to Council can be significant. 3.3. Council’s view therefore is that if the roads are private then all services within the subdivision should also be private. 4. Legal Ownership of each Lot. 4.1. Given the above, it is unclear, how you will arrange legal ownership of each Lot. Can you please advise how this will work with the corporate body and their responsibilities? 4.2. This will also impact on the way the contributions will be applied. Further discussion may be required to determine the best option. e.g. one main lot and multiunit development with unit titles. 5. Standards used for the installation of services. 5.1. It is recommended that the services be private and designed to meet NCC Code of Practice for Subdivision and Land Development requirements. Private services installed under the Building Code are likely to be too restrictive for a practical solution on this scale and hence specific design to the Code is probably the best solution. 6. Contributions 6.1. As a residential development contributions must be in accordance with the residential section of the District Plan. Specifically the Te Awa Structure Plan. 6.2. These contributions include a Lot Charge, a hectare charge and a road frontage charge. The contributions will depend on the final legal arrangements for the dwelling units. 6.3. It should also be noted that the contributions cover the provision of services to a point on the boundary of the subdivision. The contributions don’t cover any services within the subdivision so there is no difference in this case between a normal subdivision and a retirement village approach. 6.4. The District Plan also has a list of specific outcomes that must be met. One of these outcomes requires the developer to pay for all services to the subdivision for out of stage developments. As this development is currently out of stage there may be additional costs that haven’t yet been considered. These can be recovered later when the staging catches up with the development.

How much effect this has in this case needs to be researched as it may delay the release of credits. 7. Some thought may need to be given to the appropriateness of the Resource Consent application in its present form. It may be that there is a more appropriate scope that fits the definitions in the District Plan. We have not had an opportunity to review the development in the Western Bay of Plenty as discussed at the meeting, however staff may be in a position to look at this in the new year to better understand that development. Once we have completed that review, we will be back in touch to identify what if any learnings might apply to the Willowbank Road development. Council staff would be happy to discuss any further queries you may have following this letter. Please do not hesitate to contact us directly should you require further information. Yours faithfully

Jon Kingsford Director Infrastructure

APPENDIX 13 – PROPOSED CONDITIONS

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Page 63

RMS19006 Te Awa Development – 16 and 38 Willowbank Avenue, Te Awa, Napier

Durham Property Investments Limited

Applicant’s Draft Condition Set for Application RMS19006

The condition set is split into subdivision consent conditions and land use consent conditions. The condition set is based on the conditions of the Te Awa Fields (Hunter Drive revision) approval at 138 Eriksen Road and the Summerset approval at 136 Eriksen Road. The conditions have sought to incorporate the proposed conditions provide by the Council at Appendix 17 to the s42A Officer’s Report.

Proposed Conditions - Decision 1 – Staged Subdivision

Staging of Development The proposal to subdivide is to be completed in ten, consecutive stages; identified as: Stage 1A 1B 1C

Lots (Residential)

Lots (Private Road/ ROW)

Lots (Reserves)

1–7

500

8 – 15 16 – 19

35 – 47, 145 – 148, 151, 172, 175 182

401

301, 305

48 - 58, 156 - 157, 160 -171, 173 174

402

302, 306

59 - 62, 131 -133, 138, 141, 149 150, 152 155, 158 -159

403

28 – 34, 63 – 65, 115 – 117, 120 – 121, 124 -125, 128 – 130, 134 137, 139 – 140, 142 – 144

404

66 – 69, 99 – 103, 108 – 110, 118 – 119, 122 -123, 126 -127

405, 417

24 – 27, 70 -73, 86 88, 91 -92, 95 98, 104 - 107

406

Lots (Other)

303, 307

304, 308

20 -23, 74 -85, 89 -90, 93 -94.

407

The proposal shall be undertaken in accordance with the approved plans and application materials submitted with this application, referenced as follows: List of documents Title and Reference

Author

Application Form and Assessment of Environmental Effects (H20180069)

Development Nous Ltd

17/01/19

Addendum Assessment Environmental Effects

Development Nous Ltd

04/03/19

S92 Response Letter

Development Nous Ltd

02/04/19

Second s92 Response Letter

Development Nous Ltd

21/01/21

Assessment of Liquefaction Potential – Willowbank Subdivision Te Awa

Resource Development Consultants Limited

04/11/2020

Traffic Impact Assessment Proposed Lifestyle Village – 16 and 38 Willowbank Avenue, Napier

Traffic Solutions Ltd

15/01/2020

Detailed Site Investigation– Eriksen Road Lifestyle Village – 38 & 16 Willowbank Avenue, Napier

Geosciences Ltd Development Nous Ltd

Land Development Report and Servicing Plans Durham Properties Ltd, 16-38 Willowbank Avenue, Napier

Strata Group Ltd Consulting Engineers

Undated

Eriksen Road Lifestyle Village Te Awa – Urban Design Report

Development Nous Ltd

21/01/21

Rev.

and

Dated

16/01/2019

List of drawings Drawing Title and Reference

Author

Rev.

Dated

Overall Scheme Plan (H20180069C011)

Development Nous Ltd

20/01/21

Stage 1A Scheme Plan (H20180069-C012)

Development Nous Ltd

20/01/21

Stage 1B Scheme Plan (H20180069-C013)

Development Nous Ltd

20/01/21

Stage 1C Scheme Plan (H20180069-C014)

Development Nous Ltd

20/01/21

Stage 2 Scheme Plan (H20180069-C015)

Development Nous Ltd

20/01/21

Stage 3 Scheme Plan (H20180069-C016)

Development Nous Ltd

20/01/21

Stage 4 Scheme Plan (H20180069-C017)

Development Nous Ltd

20/01/21

Stage 5 Scheme Plan (H20180069-C018)

Development Nous Ltd

20/01/21

Stage 6 Scheme Plan (H20180069-C019)

Development Nous Ltd

20/01/21

Stage 7 Scheme Plan (H20180069-C020)

Development Nous Ltd

20/01/21

Stage 8 Scheme Plan (H20180069-C021)

Development Nous Ltd

20/01/21

C200 Proposed Site Scheme Plan 2

Strata Group Ltd Consulting Engineers

03/12/20

C201 Proposed Site Plan – Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C300 Proposed Road Formation – Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C400 Proposed Overall services Layout Stage 1

Water

Strata Group Ltd Consulting Engineers

03/12/20

C410 Proposed Drainage Wastewater Layout Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C420 Proposed Drainage Stormwater Layout Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C500 Proposed Overall Services Layout Stage 1

Water

Strata Group Ltd Consulting Engineers

03/12/20

C202 Proposed Site Plan Stages 2 –8

Strata Group Ltd Consulting Engineers

03/12/20

C301 Proposed Road Formation Stage 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C401 Proposed Overall Water Services Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C411 Proposed Drainage Wastewater Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C421 Proposed Drainage Stormwater Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C450 Proposed Open Willowbank Cross Sections

Drain

Strata Group Ltd Consulting Engineers

12/01/21

C451 Proposed Open Drain Cowshed Extension Cross Sections

Strata Group Ltd Consulting Engineers

12/01/21

C501 Proposed Overall Water Services Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

Landscape Concept Design – Lot Plan

Development Nous Ltd

21/01/2021

Landscape Concept Architectural Overlay

–

Development Nous Ltd

21/01/2021

Landscape Concept Design – Indicative Signage and Estate Entry

Development Nous Ltd

21/01/2021

Landscape Concept Design – Indicative Fencing Design and Road Corridor Profile

Development Nous Ltd

21/01/2021

Landscape Concept Design – Indicative Cross Section Drainage Reserve and Road Corridor

Development Nous Ltd

21/01/2021

Landscape Concept Planting Character

Design

–

Development Nous Ltd

21/01/2021

Landscape Concept Duplex Unit Typical

Design

–

Development Nous Ltd

21/01/2021

Landscape Concept Design – Single Unit Typical

Development Nous Ltd

21/01/2021

Landscape Concept Planting Palette

Development Nous Ltd

21/01/2021

Design

–

01 Cover Page (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

02 Floor Plan (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

03 Elevations (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

04 Floor Plan (Single Dwelling)

Innovative Architecture Ltd

18/09/2018

01 Cover Page (Duplex Units)

Innovative Architecture Ltd

01/02/2019

02 Floor Plan (Duplex Units)

Innovative Architecture Ltd

01/02/2019

03 Elevations (Duplex Unit)

Innovative Architecture Ltd

01/02/2019

04 Floor Plan (Duplex Units)

Innovative Architecture Ltd

07/09/2018

Under section 125 of the Resource Management Act 1991, this consent lapses 5 years after the date it is granted unless: a. the consent is given effect to; or b. the council extends the period after which the consent lapses.

The consent holder shall pay the Council an initial consent monitoring charge of $1500.00 (including GST), plus any further monitoring charge/s to recover the actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent.

Stages 1A, 1B and 1C may be developed independently as standalone residential development lots. Stages 2 – 8 shall be developed as a coordinated lifestyle village development in general accordance with the details set out in the application material. The three waters and access driveway networks within the site shall not be vested in Council and shall be retained in private ownership.

Residents’ Society

A Residents’ Society (being an incorporated society under the Incorporated Societies Act 1908) for the owners of residential lots 20 – 23 and 25 - 182 within Stages 2 – 8 shall be formed for the purpose of, among other things, owning, maintaining and managing all communal infrastructure within the site, including, but not limited to, the internal three waters infrastructure, the internal access driveway network, associated furniture and signage, gated accesses, landscaping and boundary treatment of communal spaces.

The owners of residential lots 20 - 23 and 25 – 182 must be a member of the Residents’ Society formed under condition 6. For the purpose of securing compliance with this condition, a consent notice shall be registered against the record of title of residential lots 20 – 23 and 25 – 182 within Stages 2 – 8 requiring that all lot owners be a member of the Residents’ Society as follows:

“The owner of the lot shall be a member of the Residents’ Society and shall abide by decisions made by the Residents’ Society, including the payment of 5

fees to the society for long term asset management, including internal three waters and access network, in accordance with an established residents’ society constitution.”

Prior to s224(c) certification of any of stages 2-8 of the development, a copy of the Residents’ Society constitution shall be submitted to the Council’s Team Leader Planning and Compliance.

Prior to s224(c) certification of stage 2 of the development, asset management strategies (prepared in accordance with the constitution in condition 8 above) for the internal three waters infrastructure and the internal access driveway network (incorporating operational management, long-term maintenance, renewal provisions and annual funding requirements) prepared by appropriately experienced specialists shall be submitted to and approved by the Council’s Team Leader Planning and Compliance. The acceptance by the Council of the asset management strategies will be limited to consideration of the competent preparation of the documents, and no liability shall be imparted on the Council for the content or any long-term deficiencies such as inadequate maintenance or funding shortfalls.

Infrastructure

10.

All roading and three waters infrastructure construction within the site shall conform to the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 and be subject to the Engineering Plan Approval process of the Council unless otherwise approved by the Council’s Team Leader Planning and Compliance.

11.

“As-Built” digital drawings shall be provided to the Napier City Council Works Asset Manager of all completed three waters infrastructure and the internal access driveway network. These shall be presented on standard sheets in accordance with the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019. .

Water

12.

Lots 1 – 19 within Stages 1A, 1B and 1C shall be connected to the Council’s City Water Main in Eriksen Road prior to s224(c) certification. Each water connection shall be fitted with a water meter and a backflow preventer.

13.

A private water distribution network that is connected to the City Water Main shall be formed to service the residential lots within stages 2 – 8 of the development. Water main infrastructure shall be constructed in a staged manner as set out in plan (J4345 C501 Rev 2 – Proposed Overall Water Services Layout). The network shall be designed and constructed to Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 standard and shall be subject to Engineering Plan Approval by the Council.

14.

The details of the completion and operation of this infrastructure and water quality certification of the private water distribution network shall be provided to the Council’s Team Leader Planning and Compliance in association with application for s224(c) certification of each subdivision stage.

15.

Separate water connections shall be provided to residential lots 20 – 23 and 25 - 182 within Stages 2 – 8 of the development from the private network prior to s224(c) certification for each stage. Each connection to the private network shall be fitted with a water meter and a backflow preventer.

16.

Any necessary easements for these service connections shall be granted over access lots 401 – 407 and be shown on a relevant s223 plan.

17.

No water pipes shall pass from one lot to another except by way of easement.

18.

The existing water supply bores on the site shall be decommissioned and sealed permanently as part of the site preparation works by a suitably experienced contractor.

Stormwater

19.

The finished contour of all lots shall have a finished ground level designed to discharge surface stormwater to the formed overland flowpath and piped stormwater network within the site.

20.

Prior to s224(c) certification of each stage, a minimum finished ground level of RL 11.28m (Hawke’s Bay Local Authority Datum 1972) shall be demonstrated for all residential lots of the stage.

21.

A consent notice shall be registered against the record of title of all residential lots within Stages 1 – 8 requiring that:

“All habitable floor levels shall have a minimum level of RL 11.58m (Hawke’s Bay Local Authority Datum 1972) to provide a minimum of 300mm freeboard above the RL 11.28 flood level.”

22.

A private stormwater collection network (of both piped and overland flow) shall be formed in a staged manner to serve Stages 2 – 8 of the development, and this private network shall connect to Council’s stormwater swale through lots 301, 302, 303 and 304 in general accordance with the details of plan (J4345 C421 Rev 2 Proposed Drainage Stormwater Layout Stages 2 – 8). Staged private development stormwater infrastructure shall be constructed in entirety and made operational prior to the s224(c) certification of the related stage.

23.

Detailed drainage design shall be undertaken in general accordance with the stormwater collection network, and shall account for the depth of any surface flow such that secondary flow during a 50 year Annual Rainfall Intensity (ARI) storm shall not enter properties. The network shall be designed and constructed to the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 and shall be subject to Engineering Plan Approval by the Council.

24.

Lots 1 – 19 within Stages 1A, 1B and 1C shall be connected to Eriksen Road stormwater infrastructure. All such connections are to be constructed to Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 standard prior to s224(c) certification of the lots.

25.

All lots within Stages 2 – 8 of the development shall be connected to the operational private stormwater network prior to s224(c) certification in accordance with the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019.

26.

Any necessary easements for stormwater service connections shall be granted over access lots 401 – 407 and be shown on a relevant s223 plan.

Wastewater

27.

Lots 1 – 19 within Stages 1A, 1B and 1C shall be connected to the Council’s City Sewer network in Eriksen Road in accordance with the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 prior to s224(c) certification.

28.

A private wastewater collection network shall be formed in a staged manner to serve Stages 2 – 8 of the development. This private network shall connect to the Council pumping station in Lot 500 in general accordance with the details of plan (J4345 C411 Rev 2 Proposed Drainage Wastewater Layout Stages 2 – 8). The private wastewater collection network shall be designed and constructed to the Council's Code of Practice for Subdivision and Land Development dated 8 May 2019 standard and shall be subject to Engineering Plan Approval by the Council.

29.

All residential lots within Stages 2 – 8 of the development shall be connected to the private internal wastewater network prior to s224(c) certification. Required easements for this private servicing shall be granted over access lots 401 – 407.

30.

No wastewater pipes shall pass from one lot across another except by way of easement. 9

31.

Existing domestic wastewater treatment systems for the houses within the site shall be removed and the ground reinstated at the time that the related house is demolished or removed from the site.

Earthworks

32.

The consent holder shall contact Napier City Council’s Team Leader Planning and Compliance at least ten working days prior to the commencement of any earthworks authorised by this consent.

33.

Prior to commencing each stage of development, full details of the programme of works for the construction of that stage of the subdivision and all earthworks (including mitigation measures for erosion, flooding, sediment and dust control) during construction shall be submitted to and approved by the Council’s Team Leader Planning and Compliance a minimum of 10 working days prior to undertaking any earthworks on the site. The plan must address the construction site, staging, stormwater flow paths and ultimate receiving environment of stormwater. The details shall include, but not be limited to:

 



34.

Identifying areas to be filled in sequence to minimise the area of exposed soil at any one time. Outlining mechanisms to control sediment and dust and to meet the standards required by the Hawke’s Bay Regional Council Regional Resource Management Plan. Outlining mechanisms to be implemented to control sediment during and after construction.

The sediment control plan required by Condition 33 must have consideration for the construction site, staging, stormwater flow paths and ultimate receiving environment of stormwater. The plan shall include the following details:  The mechanisms used to ensure that waterborne sediment does not depart the subject site.   Outline the procedures for keeping stormwater systems, adjacent footpaths and roads free of mud, debris and obstruction. 10

 

Outline how parking associated with the construction will be managed. Outline the nature and location of signage to be erected to warn pedestrians of the construction site and associated construction vehicles.

35.

The consent holder shall ensure that appropriate sediment controls in accordance with the sediment control plan required by Condition 33 remain in place for the duration of construction. These sediment controls shall ensure that no sediment-laden water exits the subject site.

36.

Immediately upon completion of earthworks, all earth worked areas shall be re-grassed or planted to ensure the surface is stabilised.

37.

Earthworks activity shall not take place outside of the hours of 7.00 am to 6.00 pm Monday to Saturday inclusive. There shall be no work undertaken on Sundays or Public Holidays.

38.

All earthworks and construction operations shall be conducted to comply with the provisions of New Zealand Standard NZS 6803: 1999 Acoustics – Construction Noise.

39.

A suitably qualified and experienced Chartered Professional Engineer specialising in the field of earthworks design and construction shall be engaged to design and supervise all earthworks (including monitoring, and soil compaction testing) in accordance with NZS 4431 and the RDCL geotechnical report prepared for the subdivision.

40.

Prior to s224(c) certification of a development stage, earthworks certification from the engaged suitably qualified and experienced Chartered Professional Engineer in the form of a Statement of Professional Opinion (refer Appendix A7 of the Council’s Code of Practice for Subdivision and Land Development dated 8 May 2019) shall be submitted to and approved by the Council’s Team Leader Planning and Compliance that confirms the formation and consolidation of the earthworks, including finished ground levels and ground improvement works, in relation to the intended use.

Roading and Access

41.

The village access gates shall remain open during the hours of 7.00am to 6.00pm and be fitted with a security pass system for controlled access when closed outside of these hours.

42.

Prior to s224(c) certification of Stage 2 of the development, detail of emergency services (being Fire and Emergency, Police, Ambulance and Civil Defence) vehicle access to the site and Council access to the site shall be submitted to and approved by the Council’s Team Leader Planning and Compliance.

43.

Prior to commencement of construction of each stage of the development, engineering and design plans for internal driveways within the relevant stage shall be submitted to and approved by the Council’s Team Leader Planning and Compliance. The design plans shall provide details of kerb and channel treatment, surface markings, signage, lighting, street trees, berms and footpaths, pedestrian/cycle facilities and permanent surfacing. The driveway network shall be designed and constructed to the Council’s Code of Practice for Subdivision and Land Development dated 8 May 2019 standard and shall be subject to Engineering Plan Approval by the Council.

44.

Vehicular access shall be provided to all residential lots in the manner set out in the application documents, recognising that the internal access driveway network will remain private and the two vehicle entrances to the site will function as vehicle crossings rather than road junctions/intersections.

45.

Detailed design of the vehicle entrances from Eriksen Road and all internal access driveway networks shall be submitted to and approved in writing by the Council’s Team Leader Planning and Compliance prior to the s224(c) certification of the related development stage. The details shall include provision for measures to ensure clarity of road user priority in recognition that the accesses are not road junctions/intersections.

46.

Prior to commencement of any site works on the development site, the consent holder shall remove the existing vehicle crossings to Willowbank 12

Avenue from 16 and 38 Willowbank Avenue. The existing crossings are considered to be ‘retired’ upon completion of the following: a. Reinstatement of the Willowbank Road berm to form the existing impermeable crossing surfaces from the existing edge of seal to the property boundary; b. Removal of the existing culvert and re-instatement of the open drain network within the roadside berm. 47.

Any existing public road asset that is damaged as a result of the implementation of any of the stages of consent shall be reinstated at the consent holder’s cost.

Landscaping

48.

Prior to commencement of construction of the driveway network of each stage of the development, a Landscaping and Reserve Development Plan that details all landscaping (including but not limited to specifying the location, species and establishment methodology of landscape planting to be undertaken within the communally owned land of the internal access driveway network (lots 401 – 407)) shall be submitted to and approved in writing by the Council’s Team Leader Planning and Compliance. The Landscaping and Reserve Development Plan shall: a. Be consistent with the landscape concept design (rev M) dated 21/01/2021; b. Provide details of management and the replacement of dead, dying or diseased planting with 5 years of implementation; and c. Provide contamination certification of any imported fill.

49.

Lot 305, 306, 307, 308, 302, 303, 304 shall be vested to Napier City Council as Local Purpose – Drainage Reserve.

50.

Lot 301 shall be developed as part of Stage 2 and be vested as Recreation Reserve – Reserve Act.

51.

Fencing along any boundary of any reserve (Drainage or Recreation reserve) shall be of an open style or pool style fencing with a minimum visual 13

permeability of 50% and a maximum height of 1.8m, or a solid fence with a maximum height of 1.2m, and shall be consistent with the adjoining fencing to the satisfaction to the Council’s Team Leader Planning and Compliance.

52.

Proposed Lots 20, 77, 78, 79, 80, 81, 82, 83, 84 are to be provided with a close-boarded, 1.8-metre-high fencing treatment along their northern boundaries.

53.

All fencing is to be constructed by the consent holder prior to 224(c) certification and shall be maintained by way of consent notice on all relevant lots to ensure the continuity of fence outcome is met in perpetuity.

54.

Fencing covenants shall be created over all lots adjoining any reserve lot to exempt Napier City Council from any contribution towards fencing of that allotment, being the owner of the adjacent reserve (Lots 301-308). All covenants shall be prepared by the Council’s solicitor at the applicant’s expense. Evidence of the instruction to the Council’s solicitor to prepare this covenant shall be provided to the Council at time of Section 224(c) Certification.

Power and Telephone

55.

Each residential lot shall be telecommunications reticulation.

provided

with

individual

power

and

56.

All electric mains cables and telecommunication cables within the subdivision shall be underground.

57.

Evidence that the requirements of the electrical network operator and the telecommunications network operator have been met shall be submitted to and approved by the Council’s Team Leader Planning and Compliance prior to s224(c) certification.

58.

The costs of all services required for the subdivision are to be met by the consent holder.

Easements, Amalgamations and Consent Notices

59.

Pursuant to section 243 of the Resource Management Act 1991, easements for any services that cross one lot to service another and all easements shown on the Scheme Plan, shall be included in a memorandum endorsed on the plan, and shall be granted or reserved.

60.

Easement widths shall be as specified in the Council’s Code of Practice for Subdivision and Land Development dated 8 May 2019 (Part C5.4) and. existing easements are to be widened to comply with the Code.

61.

Documentation for easements in gross in favour of the Council shall be prepared by the Council’s solicitor, be presented for sealing by the Council, and shall be registered.

62.

The applicant shall meet all costs relating to the creation of easements.

63.

Easement Area ‘A’ on DP 14417 (E.C. 322767.4) is to be surrendered prior to application for s224(c) certification for Stage 1A.

64.

A consent notice shall be registered against the record of title of all residential lots within Stages 1 – 8 requiring that:

“The foundations of all buildings shall be designed by a suitably qualified Chartered Professional Engineer, taking into account geological conditions, fill test data and settlement monitoring, and shall be consistent with the recommendations of the RDCL geotechnical report prepared for the application.”

65.

A consent notice pursuant to Section 221 of the Act shall be issued by the Council for the following Lots, identified as being within 35 metres of the open drainage network:

Stage 1A 2 3 4 5 6 7 8

Lot Reference/s 1 43 - 47 and 301 48 – 58 and 302 59 - 62 63 -65 and 303 66 - 69 70 - 73 and 304 74 - 77

that requires all building foundations be undertaken in accordance with TC3 specifications, unless further detailed, site specific geotechnical investigation demonstrates an alternative is suitable.

66.

A covenant pursuant to section 108(2)(d) of the Resource Management Act 1991 shall be registered against the records of title for Lots 19,20,77-84 resulting from the subdivision of Lot 1 DP 144417 and Lot 2 DP14417 (being those lots immediately adjoining Lot 1 DP 6396), in favour of the consent authority. The covenants shall be prepared and registered at the applicant’s expense and shall read as follows:

“This property adjoins Napier Boys High School land (contained in record of title [to be inserted] being Lot 1 DP 6396) where school activities occur (these may include sports activities and educational agricultural, viticultural and horticultural management practices such as agrichemical spraying and the use of farm machinery, and other similar activities). Where school activities are carried out on the Napier Boys High School land lawfully, in accordance with existing use rights and/or the relevant District Plan requirements the property owner, or their successors in title, shall not:  Make, or cause any other party to make, any complaint arising from the use of that land; or  Make, nor lodge, nor be party to, nor finance, nor contribute to the cost of, any application, proceeding or appeal pursuant to the Resource 16

Management Act 1991 (or to any statutory amendment or replacement thereof) designed or intended to limit, prohibit or restrict the continuation of the activities on Napier Boys High School land, including without limitation any action to require the school to modify the activities carried out on their land.”

Emergency / Hazard Management Plan (E/HMP) 67.

Prior to the occupation of the Willowbank sub-development, the consent holder shall provide a detailed Emergency / Hazard Management Plan (E/HMP), detailing the provisions to ensure the safety of occupants of the subdivided lots in the event of inundation of the site from either tsunami or overland flow from stormwater. This shall be submitted for the approval of the Napier City Council Community Resilience Team. The E/HMP shall include but not be limited to the following measures:  



Ensuring the provision of an evacuation plan for tsunami and flooding, to be reviewed every 5 years by the Residents' Society; Provision of evacuation signage which meets the Technical Standard [TS01/08] National Tsunami Signage principles, and is acceptable to the Napier City Council Community Resilience Team; and Ensuring members of the Residents' Society receive minimum annual training in compliance with the provisions of the E/HMP.

68.

The consent holder shall provide to the Napier City Council Community Resilience Team a copy of the documentation establishing the Residents’ Society and setting out to the satisfaction of the Napier City Council Community Resilience Team the responsibilities of the Residents' Society in terms of on-going site management. This includes arrangements to ensure compliance of the E/HMP; and providing Council with an annual report demonstrating ongoing compliance. This is to be prepared by an independent certifier appointed by the Residents' Society and acceptable to the Napier City Council Community Resilience Team.

69.

The consent holder shall upload all geotechnical data to the Hawke's Bay Civil Defence Emergency Management Hazard Portal.

70.

Prior to occupation of the Willowbank development, the consent holder shall provide information to Napier City Council on how they will mitigate liquefaction and enable re-habitation of homes post-event in accordance with the Canterbury method (MBIE, 2012). Financial Contributions

71.

The total financial contributions for this development have been calculated across each of the proposed stages of the development, as follows:

Stage 1A Total of $927,318.26 comprised of: Te Awa (per lot)

$22,989.70 x 7* = $160,927.90

Te Awa (plus: per hectare) local off site $549,868.60 x 4613m2 = $253,654.39 Te Awa (plus: frontage)

per metre of road

$3568.10 x 143.7 metres x = $512,735.97

Lot 500 is proposed to be vested, therefore road frontage charge of 9.7m is N/A

Stage 1B Total of $983,086.45 comprised of: Te Awa (per lot)

$22,989.70 x 8 = $183,917.60

Te Awa (plus: per hectare) local off site

$549,868.60 x 4982m2 = $273,944.53

Te Awa (plus: frontage)

$3568.10 x 147.2 metres = $525,224.32

per metre of road

Stage 1C Total of $398,497.19 comprised of: $22,989.70 x 4 = $91,958.80

Te Awa (per lot) Te Awa (plus: per hectare) local off site Te Awa (plus: frontage)

per metre of road

$549,868.60 x 2502m2 = $137,577.12 $3568.10 x 73.1 metres = $260,828.11

Stage 2 Total of $1,587,453.08 comprised of: $22,989.70 x 27 = $620,721.90

Te Awa (per lot)* Te Awa (plus: site** Te Awa (plus: frontage)***

per hectare) local off

per metre of road

$549,868.60 x 16478m2 = $906,073.48 $3568.10 x 17 metres = $60,657.70

Lot 401 has been excluded from payment of per unit charge. ** Lots 301 and 305 that are to be vested as reserve have been excluded from hectare charge *** Where Lot 401 is to remain as ‘private’ the road frontage charge has been applied to the 17 linear metre frontage to Eriksen Road, and Council will therefore form a vehicle crossing rather than kerb and channel to this section of Eriksen Road.

Stage 3 Total of $1,423,969.95 comprised of: Te Awa (per lot)* Te Awa (plus: site**

$22,989.70 x 27 = $620,721.90 per hectare) local off

$549,868.60 x 14608m2 = $803,248.05

Lot 402 has been excluded from payment of per unit charge ** Lots 302 and 306 that are to be vested as reserve have been excluded from hectare charge

Stage 4 Total of $942,068.17 comprised of: Te Awa (per lot)*

$22,989.70 x 17 = $390,824.90

Te Awa (plus: per hectare) local off site

$549,868.60 x 10,025m2 = $551,243.27

Lot 403 has been excluded from payment of per unit charge

Stage 5 Total of $1,573,929.50 comprised of Te Awa (per lot)*

$22,989.70 x 29 = $666,701.30

Te Awa (plus: site**

per hectare) local off

$549,868.60 x 16499m2 = $907,228.20

Lot 404 has been excluded from payment of per unit charge ** Lots 303 and 307 that are to be vested as reserve have been excluded from hectare charge

Stage 6 Total of $923,267.86 comprised of Te Awa (per lot)*

$22,989.70 x 18 = $413,814.60

Te Awa (plus: per hectare) local off site

$549,868.60 x 9265m2 = $509,453.26

Lots 405 and 417 (JOAL) have been excluded from payment of per unit charge

Stage 7 Total of $1,426,216.03 comprised of Te Awa (per lot)* Te Awa (plus: site** Te Awa (plus: frontage)***

$22,989.70 x 24 = $551,752.80 per hectare) local off per metre of road

$549,868.60 x 14800m2 = $813,805.53 $3568.10 x 17 metres = $60,657.70

Lot 406 has been excluded from payment of per unit charge. ** Lots 308 and 304 that are to be vested as reserve have been excluded from hectare charge *** Where Lot 406 is to remain as ‘private’ the road frontage charge has been applied to the 17 linear metre frontage to Eriksen Road, and Council will therefore form a vehicle crossing rather than kerb and channel to this section of Eriksen Road.

Stage 8 Total of $1,035,121.52 comprised of Te Awa (per lot)*

$22,989.70 x 20 = $459,794.00

Te Awa (plus: per hectare) local off site

$549,868.60 x 10,463m2 = $575,327.52

Lot 407 has been excluded from payment of per unit charge

72.

The payment of financial contributions shall be made to the Council either: 20

a) at the time of an application for 224 Certification for each stage of the development, as the contribution towards the impact on and the cost of upgrading the existing engineering and community services as set out in the Council’s Essential Services Development Plan and the Te Awa Structure Plan; or b) Prior to the uplift of building consents for each Stage of the development being whichever occurs first. This amount is inclusive of GST and will be adjusted annually on 1 July each year in accordance with the Statistics NZ Producers Price Index.

Note 1: The creation of balance lot/s during Stages 1B - 7 have been excluded from the financial contribution calculations for this application, as these have been calculated as part of future stages of development progress. Note 2: The consent holder is advised that in the event that the road frontage upgrade works related to the ‘per metre of road frontage’ calculation for Stages 1A, 1B and 1C and Stages 2 and 7 are undertaken by the developer or their representatives, these works will form a full credit to the value of works completed. To allow for the application of the above credits detailed in Note 2, the consent holder must ensure that written confirmation of agreement to the total value of works is obtained from Council’s Infrastructure Services Team prior to the works being undertaken.

Advice Note: The current resource consent is located within Stage 5 of the Te Awa Structure Plan area, which represents ‘out of stage’ development. In accordance with Design Outcome 5 (Appendix 29A) the developer is required to fund the full cost of infrastructure where additional cost would be imposed on Council through provision of services in advance of anticipated staged development. This ‘funding’ is referenced by Council as a ‘capital contribution’ and is additional to any financial contributions payable under Design Outcome 18 and Chapter 65 of the District Plan. The Capital Contribution can be undertaken by either: Monetary payment to Council to allow completion of the works in advance; or Physically undertaking the required works (where the value of such works is agreed with Council in advance of said works being undertaken) 21

Noting such ‘capital contributions’ represent provision of standard ‘Council services’ but in advance, such payments are subject to reimbursement from Council at the time when such works would have been required had the development occurred in the anticipated staged manner.

Proposed Conditions - Decision 2 – Land use consent for multi-unit development of houses prior to subdivision completion

General

Staging of Development The proposed multi unit development is to be completed in ten consecutive stages; identified as: Stage 1A 1B 1C

Lots (Private Road/ ROW)

Lots (Reserves)

1–7

Lots (Other) 500

8 – 15 16 – 19

35 – 47, 145 – 148, 151, 172, 175 182

401

301, 305

48 - 58, 156 - 157, 160 -171, 173 174

402

302, 306

59 - 62, 131 -133, 138, 141, 149 150, 152 155, 158 -159

403

28 – 34, 63 – 65, 115 – 117, 120 – 121, 124 -125, 128 – 130, 134 137, 139 – 140, 142 – 144

404

66 – 69, 99 – 103, 108 – 110, 118 – 119, 122 -123, 126 -127

405, 417

24 – 27, 70 -73, 86 88, 91 -92, 95 98, 104 - 107

406

20 -23, 74 -85, 89 -90, 93 -94.

407

Lots (Residential)

303, 307

304, 308

The proposal shall be undertaken in accordance with the approved plans and application materials submitted with this application, referenced as follows: List of documents Title and Reference

Author

Application Form and Assessment of Environmental Effects (H20180069)

Development Nous Ltd

17/01/19

Addendum Assessment Environmental Effects

Development Nous Ltd

04/03/19

Rev.

Dated

S92 Response Letter

Development Nous Ltd

02/04/19

Second s92 Response Letter

Development Nous Ltd

21/01/21

Assessment of Liquefaction Potential – Willowbank Subdivision Te Awa

Resource Development Consultants Limited

04/11/2020

Traffic Impact Assessment Proposed Lifestyle Village – 16 and 38 Willowbank Avenue, Napier

Traffic Solutions Ltd

15/01/2020

Detailed Site Investigation– Eriksen Road Lifestyle Village – 38 & 16 Willowbank Avenue, Napier

Geosciences Ltd Development Nous Ltd

Land Development Report and Servicing Plans Durham Properties Ltd, 16-38 Willowbank Avenue, Napier

Strata Group Ltd Consulting Engineers

Undated

Eriksen Road Lifestyle Village Te Awa – Urban Design Report

Development Nous Ltd

21/01/21

and

16/01/2019

List of drawings Drawing Title and Reference

Author

Rev.

Dated

Overall Scheme Plan (H20180069C011)

Development Nous Ltd

20/01/21

Stage 1A Scheme Plan (H20180069-C012)

Development Nous Ltd

20/01/21

Stage 1B Scheme Plan (H20180069-C013)

Development Nous Ltd

20/01/21

Stage 1C Scheme Plan (H20180069-C014)

Development Nous Ltd

20/01/21

Stage 2 Scheme Plan (H20180069-C015)

Development Nous Ltd

20/01/21

Stage 3 Scheme Plan (H20180069-C016)

Development Nous Ltd

20/01/21

Stage 4 Scheme Plan (H20180069-C017)

Development Nous Ltd

20/01/21

Stage 5 Scheme Plan (H20180069-C018)

Development Nous Ltd

20/01/21

Stage 6 Scheme Plan (H20180069-C019)

Development Nous Ltd

20/01/21

Stage 7 Scheme Plan (H20180069-C020)

Development Nous Ltd

20/01/21

Stage 8 Scheme Plan (H20180069-C021)

Development Nous Ltd

20/01/21

C200 Proposed Site Scheme Plan 2

Strata Group Ltd Consulting Engineers

03/12/20

C201 Proposed Site Plan – Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C300 Proposed Road Formation – Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C400 Proposed Overall services Layout Stage 1

Water

Strata Group Ltd Consulting Engineers

03/12/20

C410 Proposed Drainage Wastewater Layout Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C420 Proposed Drainage Stormwater Layout Stage 1

Strata Group Ltd Consulting Engineers

03/12/20

C500 Proposed Overall Services Layout Stage 1

Water

Strata Group Ltd Consulting Engineers

03/12/20

C202 Proposed Site Plan Stages 2 –8

Strata Group Ltd Consulting Engineers

03/12/20

C301 Proposed Road Formation Stage 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C401 Proposed Overall Water Services Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C411 Proposed Drainage Wastewater Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C421 Proposed Drainage Stormwater Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

C450 Proposed Open Willowbank Cross Sections

Drain

Strata Group Ltd Consulting Engineers

12/01/21

C451 Proposed Open Drain Cowshed Extension Cross Sections

Strata Group Ltd Consulting Engineers

12/01/21

C501 Proposed Overall Water Services Layout Stages 2 – 8

Strata Group Ltd Consulting Engineers

03/12/20

Landscape Concept Design – Lot Plan

Development Nous Ltd

21/01/2021

Landscape Concept Architectural Overlay

Development Nous Ltd

21/01/2021

Design

–

Landscape Concept Design – Indicative Signage and Estate Entry

Development Nous Ltd

21/01/2021

Landscape Concept Design – Indicative Fencing Design and Road Corridor Profile

Development Nous Ltd

21/01/2021

Landscape Concept Design – Indicative Cross Section Drainage Reserve and Road Corridor

Development Nous Ltd

21/01/2021

Landscape Concept Planting Character

Design

–

Development Nous Ltd

21/01/2021

Landscape Concept Duplex Unit Typical

Design

–

Development Nous Ltd

21/01/2021

Landscape Concept Design – Single Unit Typical

Development Nous Ltd

21/01/2021

Landscape Concept Planting Palette

Development Nous Ltd

21/01/2021

Design

–

01 Cover Page (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

02 Floor Plan (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

03 Elevations (Single Dwelling)

Innovative Architecture Ltd

01/02/2019

04 Floor Plan (Single Dwelling)

Innovative Architecture Ltd

18/09/2018

01 Cover Page (Duplex Units)

Innovative Architecture Ltd

01/02/2019

02 Floor Plan (Duplex Units)

Innovative Architecture Ltd

01/02/2019

03 Elevations (Duplex Unit)

Innovative Architecture Ltd

01/02/2019

04 Floor Plan (Duplex Units)

Innovative Architecture Ltd

07/09/2018

Prior to the commencement of development of each stage (Stages 2 – 8), other than site preparation and formation earthworks, detailed plans shall be submitted to and approved in writing by the Council’s Team Leader Planning and Compliance of the layout, design and appearance of the house to be constructed on each lot. These details shall be in general accordance with the indicative layout and design plans provided with the application.

Prior to first occupation of any home within Stages 2 – 8 of the development, asset management strategies, including operational management and long term maintenance and renewal provision and annual funding requirements prepared by appropriately experienced specialists shall be submitted to and approved by the Council’s Team Leader Planning and Compliance. The acceptance by the Council of the asset management strategies will be limited to consideration of the competent preparation of the documents, and no liability shall be imparted on the Council for the content or any long term deficiencies such as inadequate maintenance or funding shortfalls.

Staged infrastructure and utilities servicing, earthworks and landscaping associated with Stages 2 – 8 of this development shall be completed and reported to Council in accordance with conditions of the linked subdivision decision (decision 1 of 2) prior to first occupation of any home within each respective stage.