Hearings Committee. Councillor Carmine

Transcription

1 REPORT To: From: Date: File reference: Hearings Committee Report by Veronica Hoeberechts Graduate Planner 28 th January 2011 Document: Planner s Report (Doc # ) Appendix A: GIS Maps and Cadastral Information of the subject site known as 418B Woodlands Road, Waihi (GIS Map) and/or 43 Walls Road, Waihi (Cadastral Info.) (Doc # ) Appendix B: Giago Limited Application (Doc # , # and #664149) Appendix C: Submission by A Pimenov and N Pimenova (Doc # ) Appendix D: Submission by C R and S I Wilcocks (Doc # ) Portfolio holder: Meeting date: Subject: Councillor Carmine 7 th February 2011 Application for a Two Stage Six Lot Rural Subdivision by Giago Limited at 418B Woodlands/43 Walls Road, Waihi (Doc # s , and ) Recommendation: THAT the report be received, and THAT pursuant to Section 104 and 104B of the Resource Management Act 1991 the Hauraki District Council grants consent for this limited notified discretionary activity application to subdivide the land legally described as Part Sections 3 4 BLK VIII Aroha Survey District situated at 418B Woodlands Road/43 Walls Road, Waihi into four lifestyle allotments and two general rural allotments via a two stage development. Page 1

2 DETAILS OF APPLICATION Date Received: 24 th September 2010 Applicant: Giago Limited Property s Legal Description: Part Sections 3 4 BLK VIII Aroha Survey District Certificate of Title: SA 14C/245 Address: 418B Woodlands Road/43 Walls Road, Waihi Zoning: Rural District Plan Map(s): Operative District Plan Map 24 and Proposed District Plan Map 34 Rule: Lifestyle and General Lots in the Rural Zone ( B (e) & (f)) Application: Section 88 of the Resource Management Act 1991 Activity Status: Discretionary Activity Recommendation: Approval with conditions. THE PROPOSAL The applicant proposes to subdivide the site, via a two stage development, to create four lifestyle lots and two general rural lots from one existing title, as follows: Stage One Lot hectares more or less with access via a right-of-way to Walls Road; and Lot hectares more or less with approximately 20m frontage to Walls Road; and Lot hectares more or less with access via a right-of-way to Walls Road. The proposed Lot 1 (one of the existing dwellings) would be created under the rules for Lifestyle lots in the Rural Zone, while the proposed Lots 6 (sheds) and 10 (other dwelling) would be created under the rules for General Lots in the Rural Zone. Stage Two (Subdivision of Lot 10) Lot hectares more or less with access via a right-of-way to Walls Road; and Lot hectares more or less with access via a right-of-way to Walls Road; and Lot hectares more of less with access via a right-of-way to Walls Road; and Lot hectares more or less with access via a right-of-way to Walls Road. The proposed Lots 2, 3 and 4 (all vacant allotments) would be created under the rules for Lifestyle lots in the Rural Zone, while the proposed Lot 5 (Lot 10 under Stage One) would be created under the rules for General Lots in the Rural Zone. The single entrance from Walls Road will service all six allotments and rights-of-way easements will be created over the existing entrance and farm track to provide access for five of the six lots. THE SITE AND LOCALITY The site is zoned rural as are the surrounding properties. The subject property is located south-west of Waihi and there is only one other allotment between the site and the Hauraki and Western Bay of Plenty District boundary. The entrance to the property is at the end of Walls Road and as such has only metres of frontage to Walls Road. The allotment is nearly rectangular in shape. The land is variable in topography as it is a broad valley with several steep gullies and small water courses and large areas of flatter land. The Land Use Classification ranges from Class II (minimal) to Class VI. There is also a large area of pristine native bush (40 hectares approximately) that has been fenced off from stock for over 25 years. Apart from two dwellings and a number of sheds (previously used to store multiple vehicles by a car enthusiast) most of the parent allotment is vacant and used for grazing stock. Due to the design of the subdivision there appears to be only minor site limitations (i.e. access) that can be rectified through the imposition of conditions. STATUTORY REQUIREMENTS Resource Management Act 1991 (RMA) Section 95(A) states that a consent authority may, in its discretion, decide whether to publicly notify an application for a resource consent. An application for a discretionary activity can be processed as nonnotified if the consent authority decides, under sections 95D and 95E, that the activity is not likely to Page 2

3 have adverse effects that are more than minor (s.95d), no parties are deemed to be adversely affected (s.95e), the applicant does not request public notification of the application (s.95d) and there is no rule or national environmental standard requiring public notification of the application (s.95d). At the time of the initial assessment of the proposal the applicant did not request public notification and no rule or environmental standard required public notification of this application. However, the adverse effects were considered to be potentially more than minor in relation to rural character and amenity. As previously stated, the parent allotment has approximately 20 metres of road frontage and as such the proposed Lots I - 4 (Lifestyle Lots in the Rural Zone) do not have any road frontage. The proposal therefore, does not comply with the reason for road frontage stated in rule B (e) which is: A minimum road frontage requirement is intended to encourage the creation of lifestyle lots close to roads, reduce the land area that can be taken out of production by long access strips to sites at the rear or middle of properties and to avoid compromising the use of the balance land area. The density of development may be in harmony with the existing subdivision of land in the vicinity, but it would intensify development to a level that local residents may consider to be an erosion of rural amenity and character. Consequently, it is considered that the potential and cumulative effects of development following the proposed subdivision may have a more than minor adverse effects on the landscape character of Walls Road and for that reason the application was processed on a limited notified basis in accordance with section 95B of the Resource Management Act 1991, The matters to be considered in assessing the application are set out in Part II and Section 104 of the RMA. Section Decisions Under section 104(1) when considering an application for resource consent the consent authority must, subject to Part 2, have regard to: (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of- (i) (ii) (iii) (iv) a national policy statement: a New Zealand coastal policy statement: a regional policy statement or proposed regional policy statement: a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. Section 104B states that after considering an application for resource consent for a discretionary activity Council: (a) may grant or refuse the application; and (b) if it grants the application, may impose conditions under section 108. The relevant matters to be considered, under section 104(1) of the RMA, are discussed below under the assessment of this proposal. Section 106 sets out the circumstances in which a subdivision consent should not be granted. Hauraki Gulf Marine Park Act 2000 Section 9(4) requires a consent authority, when considering an application for resource consent for the catchments of the Hauraki Gulf, to have regard to sections 7 and 8 of the Act. Recognition of national significance of Hauraki Gulf Management of Hauraki Gulf objectives to recognize the national significance of the Gulf, its islands and catchments. Page 3

4 The proposed development will have no adverse effects on the significance of the Hauraki Gulf or on the relationship of tangata whenua with the Hauraki Gulf. STATUS OF THE APPLICATION The relevant District plans to the proposal are the Operative District Plan (1997) and the Proposed District Plan (2010). The application was received after the Proposed District Plan was publicly notified (24 th August 2010) but before the period for submissions was closed (19 th October 2010). The only rules of the Proposed District Plan that apply are those regarding Conservation and Heritage. Proposed District Plan The complete section for the Rural Zone in the Proposed District Plan had received submissions at the time the application was lodged. Therefore, the Operative District Plan (1997) standards and rules for the Rural Zone will apply until the decisions on the Proposed District Plan have been released. However, other sections of the Proposed District Plan, such as the Conservation and Heritage standards/zoning, were effective from the date of public notification (24 th August 2010). Consequently, as the parent allotment was considered to have areas that are now classified under the Conservation and Heritage section, the applicant assessed the subdivision in regards to the criteria of Section 6 relating to significant natural area. No other rules relevant to this application had or have immediate legal effect. However, the objectives and policies of the Proposed District Plan are required to be considered pursuant to s.104 of the RMA Conversely, as no decisions have been made on the Rural Zone section of the Proposed District Plan, very little weight can be accorded to its provisions. Therefore, it is appropriate to process the application under the Operative District Plan. Operative District Plan (1997) Standard Complies Does not comply N/A Comment Lifestyle lots in the Rural Zone (Operative District Plan Rule B(e)) LUC IV-VI Proposed Lots On Class IV-VI land an allotment shall be a minimum of 5000m 2. X X X X Lot hectares Lot hectares Lot hectares Lot hectares Each lot shall have a residential area of not less than 5000m 2 with no dimension measuring less than 30 metres. Each lot shall have a minimum road frontage of 50m. Note: The main reason for this requirement s as follows: A minimum road frontage requirement is intended to encourage the creation of lifestyle lots close to roads, reduce the land area that can be taken out of production by long access strips to sites at the rear or middle of properties and to avoid compromising the use of the balance land area. X X Lot 1 20m ROW access Lot 2 20m ROW access Lot 3 20m ROW access Lot 4 20m ROW access The subject site is at the end of Walls Road and as such only has metres of road frontage (access). Thus, 50 metres of road frontage for each of the four lifestyle allotments is physically impossible. Further to this, the access track already exists and mainly bisects Class IV (or worse) land and the four lifestyle lots have been located as close to the front of the property thereby leaving the two larger lots at the rear of the property. Page 4

5 For each Certificate of Title that existed at 26 September X Certificate of Title: 18 th Access shall be provided from a sealed road. X Walls Road is not sealed. General lots in the Rural Zone (Operative District Plan Rule B(f)) LUC IV Proposed Lots July A minimum of 15 hectares of productive land. Note: The land classification report by Andrew Honeyfield is broadly assessed as LUC Class III (or better (being Class I and II)) and LUC Class IV (or worse (being Class V to VIII)). Therefore, with the LUC class being Class IV both the proposed Lots 6 and 10 (Stage One) and Lots 5 and 6 (Stage Two) comply with the minimum productive area of 15 hectares. An area of land capable of X accommodating a dwelling in accordance with the performance standards for dwellings as a permitted activity in the Rural Zone shall be identified on each lot. Performance Standards (District Plan Section 9) Bulk and Location of Buildings X Infrastructure and Services X Performance Matters X X X Stage One Lot hectares (with approximately 10 hectares of fragmented Class I-III land) Lot hectares Stage Two Lot hectares Lot hectares (with approximately 10 hectares of fragmented Class I-III land) A building platform and residential area has been identified on each of the proposed allotments that do not already have a dwelling and residential area. Under rule B of the District Plan, subdivision proposals that do not comply with the above requirements are provided for as discretionary activities. This application is to be considered a discretionary activity. ENGINEERING COMMENTS The application is to create six new allotments from Part Sections 3 and 4 BLK VIII Aroha Survey District in two stages. Two allotments and the balance lot are proposed in Stage One with a further four allotments (from the balance lot) being proposed in Stage Two. This report assesses and details the appropriate engineering conditions required for this proposed rural subdivision application. The key engineering issues for this subdivision relates to the up-grade standards required for the existing sealed internal access track servicing two existing dwellings located within this subdivision proposal. Departures in Engineering Standards and Discussion Internal Access The applicant has requested a number of departures in engineering standards relating to the internal access standard servicing the proposed allotments, as follows: The existing m nominal width sealed internal access road be retained and no additional pavement widening be required for the proposed rights-of-way servicing greater than two allotments; and That the combined length (rights-of-way A, B, C and D) of 718m adopting the above existing seal widths be approved; and Regular passing bays be installed to mitigate this reduction in standards; and Page 5

6 Retain the existing grade separated entry and exit lanes located within right-of-way A. This shall be sealed to a right-of-way standard. Existing Access Details Walls Road: The existing access to this development is located at the end of Walls Road. Walls Road is an un-sealed local road (457m in length) which currently services four dwellings. The legal corridor of Walls Road ends at the sole access to the subject property. A small wooden bridge provides access to the neighbouring property (C R and S I Wilcocks). This bridge is located adjacent to the existing entrance to the proposed development. However, a portion of the wooden bridge and entrance to the neighbouring property encroaches into the existing entrance to this development. The application s surveyor has stated that this situation can be retained. Rights-of-way: The first 90m of the existing access (right-of-way A) traverses a steep incline. This access has a split, grade separated entry and exit ramps as this arrangement best suits the terrain. Beyond this split access the existing internal access track is sealed for approximately 630m to a 2.8 to 3.0m nominal width to provide access to the second dwelling located at the western end of the subject property. There is a small section at the junction of rights-of-way B and C, where the existing seal has disintegrated. District Plan Access Requirements Details DP ROW Requirements Servicing 1-2 Lots Servicing 3-4 Lots Servicing > 4 Lots Legal right-of-way width 9m 12m 15m Formation width - 7m 9m Carriageway width 4m 5m 6m Seal width Nil 4m 5m Maximum length 500m None Passing Passing bays every 250m 2 way 2 way Stage One rights-of-way requirement D A, B and C - Stage Two rights-of-way requirement D, E and F C A and B Note 3: Section of the Operative District Plan stipulates that the sealing of a right-of-way servicing 3-4 lots is not required if the public road is un-sealed. Walls Road is not sealed consequently the sealing of the internal access servicing the proposed subdivision is not required. This situation remains the same if part of the internal access was up-graded to a road standard. Existing Internal Access Pavement Treatment Length of un-sealed internal access for right-of-way A is 91 metres Length of sealed internal access for rights-of-way B, C and D is 627metres. An 850mm nominal pavement depth exists within right-of-way A. The existing sealed pavement depth (based on pavement logs at 100m intervals) varies between 360 and 470mm. The sub-grade strengths vary from 2 to 7 where 10% strengths of CBR 3 have been adopted for pavement design purposes. The traffic loading is assessed at ESA = 9 x 10 4 which is based on one truck p/d servicing this subdivision over a 25 year period. This assumption is un-likely, however the pavement design is not sensitive to traffic loading. The assessed pavement depth based on a CBR = 3 and an ESA = 9x 10 4 is 370mm. The existing sealed pavement structure, based on the above pavement details, meets minimum design requirements. There are several small sections of the internal access that currently have waterproofing integrity issues. These shall be repaired at the time of subdivision. Desirable maximum longitudinal gradients detailed in the Operative District Plan and NZS 4404 (2004) are: 1 in 8 for public roads 1 in 5 for internal access (rights-of-way) with traction sealing where gradients exceed 1 in 8. Page 6

7 The Roading Asset Manager has requested, for sections of road steeper than 1 in 8, to be surfaced with a rigid pavement to combat existing long term wheel track corrugation problems. Discussion Council has recently (December 2010) approved a departure in road and right-of-way standards for a subdivision (RC-15776) with similar roading and right-of-way issues. The departures in standards for the internal access treatment servicing four or more allotments (RC ) were approved by the District Engineer and are as follows: That the internal access shall not be vested with Council as road but maintained as a right-ofway; and That the internal access serviced shall be constructed to a minimum road standard. This being a 5m seal width with a 20m plus legal width to accommodate the right-of-way footprint. The pavement and geometric design shall be to a road standard; and The public road intersection standard shall meet Council s Class B entrance requirements with a throat width matching the right-of-way formation width; and Geometric and pavement design shall be determined at the design plan stage. The existing sealed access track services two dwellings and numerous farm buildings with a large number of storage sheds. The existing track traverses hilly terrain where it winds it way up the side of a ridge to the elevated second dwelling and residential area. The existing alignment standards are considered acceptable and no track re-alignment works are required. There is adequate sight distance in both directions in most places. The existing narrow formation width is generally acceptable as traversable berms exist in most places. Numerous pull over areas exist however, a defined passing lane strategy should be developed if the current seal width is adopted. The existing sealed track is in keeping with the existing terrain/environment. Vehicle speeds are moderated due to the narrow seal width and the constrained hilly terrain. Both the Roading Asset Manager and myself have visited the site to determine the appropriate access standards based on the recent approved departures in standards, as stated above. Therefore, it is recommended that the following access treatment be adopted and appropriately conditioned for this resource consent: Rights-of-way A and B Shall be treated as a right-of-way where the legal corridor will not be vested as road. No turning facility is required and the existing steep longitudinal gradients are acceptable. Further to this, any future costs in regards to the maintenance of the access shall be the responsibility of the right-of-way users. Recommended standards to be adopted: A 15 metre minimum legal road width is required or sufficient width to accommodate a future road footprint; and. A 5 metre nominal seal width is required with a pavement structure meeting minimum road requirements; and The existing split entry - exit tracks be retained. These two tracks shall both be sealed to a 3 metre nominal seal width; and That a 221 consent notice be registered on each Certificate of Title (Lots 1 to 6) stating that in the event of further subdivision of this development that rights-of-way A and B must be upgraded to a minimum road standard. The existing dual access will not be acceptable and longitudinal access gradients greater than 1 in 8 will require a rigid pavement surfacing treatment such as concrete or asphalt.. Right-of-way C Recommended standards to be adopted: A 12 metre minimum legal width is required; and The existing seal width and narrow formation width shall be retained in all areas where good sight distance is available; and Page 7

8 Widen the existing track formation width to accommodate two-way traffic where sight distance requirements are not met. Right-of-way D Recommended standards to be adopted: A 9m minimum legal width; and Develop a sensible passing bay strategy to the satisfaction of the District Engineer. The existing seal width and narrow formation width shall be retained in all areas where good sight distance is available however, the applicant will need to widen the existing track formation width to accommodate two-way traffic where sight distance requirements are not met. Rights-of-way E and F Recommended standards to be imposed: A 9 metre minimum legal width; and 4 metre metalled carriageway (sealing is not required). Other Engineering Standards/Requirements Walls Road Seal Extension - Financial Contribution Assessment Average Daily Traffic (adt) measured by Opus is 21 vehicles per day (vpd) ( recorded 2/ ). Four dwellings/properties are serviced from Walls Road. Vpd per dwelling is averaged at 5.25 vpd. The proposed subdivision has two dwellings. Stage One of the subdivision increases the Walls Road traffic volume to vpd based on one additional residential area being formed. Stage Two of the subdivision increases the Walls Road traffic volume to 42 vpd based on three additional residential areas being formed. Section of the Operative District Plan states a seal extension contribution is required if the proposed subdivision triggers more than 50 vpd along Walls Road. Council has no plans to seal Walls Road in the next 10 years. Therefore, based on the above assessment and Council requirements a seal extension contribution is not required. Council Services No Council storm water, sewer or water reticulations service this development. Existing dwellings The current internal storm water, water and sewer systems (septic tanks) servicing the two dwellings are satisfactory and are contained within the respective new lot boundaries. Development Contribution calculations This subdivision is in 1 title however 2 dwellings exist. 2 existing unit of demand exists therefore an additional 4 units of demand is required for a 6 Lot subdivision 3 Lots are proposed in stage 1. The DC for stage 1 will consist of 1 additional unit of demand In stage 2 a further 3 Lots are proposed. This corresponds to 3 additional units of demand. Other Subdivision Requirements Electricity and Telecommunications The standard for telecommunications and electricity in all zones is to be provided to the boundary of each allotment at the time of subdivision by the subdivider. The proposed Lots 1 and 5 already have Page 8

9 electricity connections. The applicant states that comments have been sought from the relevant utilities providers however, no reply had been received prior to the lodgment of this application. Consequently, it is recommended that a condition is imposed to ensure the subdivider provides the utilities at the time of the subdivision. This will include any up-grades of services if required by the respective utility providers. ASSESSMENT OF THE PROPOSAL Resource Management Act 1991 Section 104(1)(a) of the RMA requires that consideration be given to the actual and potential effects on the environment of allowing the subdivision. It is considered that the proposed subdivision has no adverse effects that will be more than minor, as the proposal generally complies with the standards of the District Plan, and conditions can be imposed to ensure the lots are adequately serviced. The matters in section 104 are subject to Part II of the RMA. Section 5 - Purpose Section 6 - Matters of National Importance (which shall be recognized and provided for in achieving the purpose) Section 7 - Other matters (that shall be had regard to) Section 8 - Treaty of Waitangi (its principles are to be taken into account) The proposal will not compromise the provisions of Part II of the Act. Section 106 Section 106 states that a consent authority shall not grant a subdivision consent if it considers that either: (a) Any land or structure on the land is likely to be subject to material damage by erosion, subsidence, slippage, or inundation from any source. (b) Any subsequent use that is likely to be made on the land is likely to accelerate, worsen, or result in material damage to that land, other land, or structure, by erosion, subsidence, slippage, or inundation from any source. Council may grant the subdivision consent if it is satisfied that the effects described above will be avoided or mitigated by rules in the District Plan and the conditions of consent. There are no matters under section 106 of the RMA that would prohibit the consent from being granted. DISTRICT PLANS Proposed District Plan The following is an assessment of the subdivision in regards to the objectives, policies and criteria for significant natural area under the Proposed District Plan (Section 6.2). Table next page Page 9

10 Objective 1 INDIGENOUS BIODIVERSITY AND SIGNIFICANT NATURAL AREAS (SNA) To protect remnant areas of significant indigenous vegetation and habitats of indigenous fauna for the purpose of preserving their intrinsic and amenity values for the benefit and enjoyment of future generations. Policies (a) Objective 1 will be achieved by the implementation of the following policies: (ii) Providing incentives and development opportunities where protection and management of natural areas of ecological significance is obtained. (iii) Protection of Significant Natural Areas through the use of regulation. Objective 2 The layout/positioning of the proposed allotments for this subdivision allows for the continued protection of the 40 hectares of native bush and with the imposition of particular conditions the protection to the SNA could be enhanced. To maintain and enhance the life supporting capacity of ecosystems, and the extent and representativeness of the District s indigenous biological diversity. Policies (a) Objective 2 will be achieved by the implementation of the following policies: (i) By managing the scale, intensity, and location of subdivision and land development activities in a way that avoids, remedies or mitigates adverse effects on areas of indigenous vegetation. (ii) Manage the protection and enhancement of ecosystems of importance for both the natural processes they offer and any ecological benefits in terms of connectivity, buffering or the provision of habitat for threatened species and for cultural reasons (traditional associations with indigenous biodiversity) through the subdivision and land use consent process. The design (scale, intensity and location) of the subdivision has used existing fence lines and access tracks as the boundaries ensuring that there would be little if any disturbance to the SNA. The applicant has positioned the four smaller lifestyle lots at the front of the property thereby ensuring the maximum distance between the future residential sites and the SNA. Any other adverse effect from this subdivision can be mitigated through the imposition of conditions. The main protection for the last 40 years of the 40 hectares of native bush on the subject site has been fencing to keep the cattle out. This fencing will remain after the subdivision and the 40 hectares of native bush will remain to ensure the connectivity and provide a buffer for the various indigenous eco-systems. The SNA (T13UP94) extends over to the neighbouring property to the south and west which then adjoins an even larger area of the district that has been recognized as Significant Natural Area. The proposal is considered to be in accordance with the objectives and polices of Significant Natural Areas subdivision in the Rural Zone as illustrated above. Assessment Criteria for Discretionary Activities ( ) Table next page Page 10

11 INDIGENOUS BIODIVERSITY AND SIGNIFICANT NATURAL AREAS (SNA) Criteria 1(a) The characteristics and values that deem the area to be significant and the extent to which the activity adversely affects those characteristics and values including in terms of the following: (i) Fragmentation and isolation of indigenous ecosystems and habitats. (ii) Reduction in the extent of indigenous ecosystems and habitats ( ) and impact on the ecological functions and integrity of the SNA. (iii) Impact on the ecological relationship between SNA features ( ). (iv) Loss or disruption to migratory pathways in water, land or air. (v) Loss or diminishment of hydrological flows, water levels and water quality. (vi) Changes resulting in an increased threat from animal and plant pests. (vii) Effects which contribute to a cumulative loss or degradation of indigenous habitats and ecosystems. (viii)) Loss or reduction of amenity values, cultural values, natural character. (ix) A reduction in the value of the cultural and spiritual association held by tangata whenua. (x) Noise and disturbance (from people and vehicles) on indigenous species. (xi) Loss of habitat that supports indigenous species under threat of extinction. (xii) Spread of non-native pest species. (2) The ability for the activity to be reasonably located or undertaken on another part of the site lesser impact on the SNA. (3) The extent to which any runoff or storm water from the activity will lead to adverse effects on the SNA. (4) For network utilities to locate within the SNA. (5) The extent to which the activity can provide opportunities for enhancement of ecological health and values of the SNA, including legal and physical protection and active management. (6) The extent to which adverse effects that cannot be avoided are appropriately remedied and that replaces like for like habitats and ecosystems. Comment The proposed subdivision does not fragment nor isolate the newly zoned SNA. As detailed on both the scheme plans (2245D and 2245B) and in the further information received, from the applicant (Doc # ), the majority of the SNA inside this property (# T13UP94) is contained within the proposed Lot 6 and Lot 10/5 boundaries. The 40 hectares of native bush, which was protected from stock by being fenced off for the last 40 years, is located at the south (side) and western (rear) boundaries of the parent allotment and mainly extends over hilly terrain. The core subdivision is down at the northern most portion of the parent allotment near the road frontage. Further to this, the subdivision has been designed to follow existing fence lines and no trees will be removed from the site to accommodate the subdivision. Aside from the above, it is envisaged that the proposed subdivision will not effect the SNA/40 hectares of native bush in any way, due to the following: The access track(s) already exist (migratory pathways). The fences will remain around the native bush to protect the ecosystem, including the water ways. The control of plant and animal pests will continue. The property is not recognized as having any cultural or spiritual association to tangata whenua and also the native bush will continue to be protected. No increase of noise or disturbance is predicted, as the main subdivision of the lots is at the northern end of the property. The native bush area is to remain as is so no loss of habitat. Studies have shown that one of the main pest species that reduce New Zealand s indigenous wild life in peri-urban areas is the domestic cat. As the subdivision will increase the number of household units (and possibly the cat population) on the property it would be prudent impose a restriction of no domestic cats. Not applicable as no SNA areas are within the bounds of the four lifestyle lots. The boundary between Lots 6 and 10/5 follows an existing fence line (access track). Not applicable as both the SNA overlay and the native bush are on higher ground than either the proposed allotments or the proposed residential areas. Not applicable. The 40 hectares of native bush and other isolated groves of trees etc are now further protected by the Proposed District Plan (SNA and Landscape Protection Area zoning). Not applicable. Page 11

12 Operative District Plan (1997) The proposal is to be considered against the relevant objectives and polices in accordance with section 104(1)(b) of the RMA. The objectives and policies for the Rural Zone in Section 5.1 of the District Plan are considered below. Assessment of the Relevant Objectives and Policies of the Operative District Plan (1997) Objective 1 To ensure the productive potential of the higher quality rural land (i.e. Class I, II and III) is not reduced by the undue fragmentation of land and associated housing development. Objective 2 To encourage the continued use of rural land for rural activities appropriate to the land use capability of the land. Policy Creating a lot size range that is compatible with and recognises the potential productivity of the land and preserves that potential in perpetuity. Objective 4 To provide for a range and choice of rural living environments recognising the different lifestyle and cultural requirements of the District's inhabitants. Policy Providing for small lot lifestyle subdivision on less productive rural land, subject to ensuring that the rural character and amenity values are protected. Objective 5 To minimise the potential for activities in the rural area to impact upon one another in an incompatible manner. SUBDIVISION (SECTION ) Class I-III land is recognized in the Operative District Plan as having characteristics which enable greater production than lower classified land (Class IV-VIII) and preserving this productive potential is deemed to be beneficial. It is generally recognized that the subdivision of land has the potential to reduce its productive use. Subdividing the site as proposed will encourage the land to be used for lifestyle activities and may lessen the likelihood that such land is used for productive rural purposes. While the creation of four smaller rural lots results in fragmentation of the mainly Class IV (or worse) land, the balance of the property is being left as two larger lots for existing farming activities and the protection of 40 hectares of native bush. Six lots are proposed to be created from one title of hectares (more or less). The four smaller proposed allotments range from 2.9 to 5.6 hectares (more or less) and the final two larger allotments are 34.9 and 62.5 hectares. Both the larger and smaller allotments (due to the size) still have the potential for producing fuel, food or fibre. The proposed subdivision will provide four smaller lots for rural-residential purposes. Lot 1 already has a dwelling located within its proposed boundaries while building platforms have been identified on the other three smaller allotments (Lots 2, 3, and 4). As previously stated the land is mainly classed as Class IV or worse and therefore is considered to be less productive land. Although the smaller lots are situated together, close to the rights-of-way access to Walls Road, there is adequate separation distances between both the proposed allotments and current/future neighbouring properties to protect the rural amenity and character of the area. The subdivision of the subject property is in keeping with current subdivision of other properties in the vicinity and therefore is not in-compatible. The proposal is considered to be in accordance with the objectives and polices for subdivision in the Rural Zone as illustrated above. District Plan Assessment Criteria The proposal is to be considered against the relevant assessment criteria in accordance with section 104(1)(b) of the RMA. The assessment criteria for discretionary activities are outlined in Section A of the District Plan and are considered below. Page 12

13 Assessment against Section A General Assessment Criteria for Discretionary Activities ASSESSMENT CRITERIA A Criteria ( C(b)) Whether the cumulative effects of the subdivision will adversely affect: The open rural character and rural amenity of particular area; The use of the adjoining/surrounding properties for farming (rural) activities; The ability to adequately service the lots, particularly for road access; and The versatility and viability of the land to provide for the needs of present and future generations. Whether the subdivision is designed to maintain and enhance the open rural character and rural amenity of the zone and locality, in terms of the proposed size, layout and number of lots and location of existing and/or likely buildings. Whether traffic movements resulting from the activity will have any significant impact on the safe and efficient operation of any public road. Pertinent matters for consideration in this regard are: The carrying capacity, standard and status in the roading hierarchy (as defined in Section 4.0 and 8.9) of the route concerned. The means by which any likely traffic hazard can be avoided or mitigated. The degree to which the activity will cause demands for the un-economic or premature up-grading or extension of public services, including roading which are not in the interests of the District or locality. The extent to which new road access is required to serve the subdivision. Whether buildings are sufficiently set back from the boundaries of neighbouring properties to avoid causing a nuisance to neighbouring holdings by way of overshadowing, obstruction of views, noise, glare and loss of privacy. The extent to which existing native bush or other vegetation which contributes to visual amenity is retained and the reasons why any clearance is proposed. Comment It is considered that the open rural character and rural amenity of the area will not be adversely affected by the proposed subdivision. It is also considered that the surrounding farmland could continue to be used for farming activities. The lots can be adequately serviced. The balance of the land can continue to be used for farming operations. It is likely that the rural character will be retained due to the position of the proposed future residential areas. There is enough separation distance between the existing dwellings and any future dwellings without losing the open rural character of the property. Further the subject site is at the end of the tree/bush lined Walls Road and therefore if there is any loss of rural amenity or character it would be noticed only by the current owner and any future owners. Traffic movements will potentially be increased by the proposed subdivision. However, the amount of vehicle movements per day per additional allotment does not meet the threshold to require any up-grading of Walls Road (metal). Conditions can be imposed to avoid or mitigate any potential traffic hazards. The activity will probably increase the pressure for the Council to up-grade Walls Road and possibly Woodlands Road. However, as stated above even with the extra vehicles from the proposed subdivision, the threshold of 50 vehicle movements per day is not met. No new road access is required to serve the subdivision. Currently all buildings on the property are sufficiently set back from neighbouring properties. Upon subdivision the storage sheds will be within the six metre side yard of Lot 10/5. However, permission has been granted by the owner for this encroachment. All the 40 hectares of native bush is to be retained and the Proposed District Plan has identified the area as a significant natural area and landscape protection area. Page 13

14 Whether features of the subdivision including the intended location of residential activities, design and location of access, storm water and waste water management, the planting of trees and shrubs, and the shaping of earth avoids, remedies or mitigates any adverse effect on the existing landscape, and/or rivers and streams. The extent to which the activity is selfcontained, with regard to storm water drainage, effluent disposal and water supply within the boundaries of the site on which the activity is located (except where reticulated services are provided). No rivers or streams will be adversely affected by the proposed subdivision. All the proposed lots are of such a size that all storm water and effluent disposal will be able to be contained within the boundaries of each allotment. The proposal is considered to be in general accordance with the assessment criteria for discretionary activities in the Rural Zone, except that the development may lead to a demand for road seal extension in the future, ahead of any road up-grade plans by Hauraki District Council. Subdivision Assessment Criteria The following assessment criteria from section B (p) of the District Plan are relevant to the proposal: Whether the area and shape of all lots is appropriate to their specified purposes and intended use(s), taking into account any relevant performance and/or formation standards specified in the plan. The area and shape of the lots are appropriate for their proposed use as lifestyle lots and general lots that retain the ability to be used for rural activities. Whether each new boundary is practically located taking into account the following factors: Topography The property is hilly terrain that then broadens out to a valley with several gullies, gentle slopes and large flatter areas. The topography would appear not to be a factor in the design of the new boundaries. Practical management of existing and potential activities on the site The subdivision layout has been designed to ensure that the potential and current activities could be continued. Surface and ground water conditions, including the quality and quantity of the water, the direction of the water flow and the effect that the subdivision may have on them The subdivision is un-likely to adversely affect either surface or ground water flow paths or the quantity and quality of the surface/ground water. Where on-site disposal of storm water and septic tank effluent is required from existing and potential developments, is there sufficient area of the type of land required for servicing purposes, within each lot There is sufficient area of land to allow for the on-site disposal of waste water for both the existing and potential residential activities. Whether the subdivision may affect known sites and/or features having heritage and cultural value. There are no known heritage or cultural features currently located on the site. However, under the Proposed District Plan the property has been classified as being a significant natural area and a landscape protection area. Page 14

15 SUBMISSIONS The Council was required to notify all three potentially affected parties of the proposal and the Council received the following two submissions opposing the subdivision application: 1. A Pimenov and N Pimenova, 18 Walls Road, Waihi Oppose the resource consent application to subdivide 418B Woodlands Road/43 Walls Road, Waihi and request that the Council decline the application; and 2. C R and S I Wilcocks, 42 Walls Road (418C Woodlands Road), Waihi objects to the application and requests that the Council amends the application so that various issues such as sight lines are improved and sealing of Walls Road is undertaken. Main Concerns of the Submitters 1. The main concerns expressed by A Pimenov and N Pimenova are summarized as follows: o o o o Access/Thoroughfare That Woodlands Road is un-suitable for increased traffic due to the narrow, un-sealed nature of the road and they have concerns that the proposal will affect the safety of users on the road due to the poor sightlines and limited passing bays. They are concerned the poor state of the road in places will become worse with increased traffic. Increased dust and drainage issues are also raised as adverse effects. Their concern with dust relates to impacts on the collection of drinking water on their property. The submitter proposes mitigation in the form of road widening of Walls Road to 4.5m, and sealing of the road, with associated drainage installed. Passing bays and turning areas should be provided. They suggest reducing the speed limit to 50km/hr from 100km/hr. Power and Telecommunications The submitters are seeking evidence that power and telecommunications can be provided to the site. Identified a need for a new transformer as the current single transformer is in-sufficient. Property Values The submitters are concerned the property values and quality of life of residents on Walls Road will decrease. Seeking assessment of valuation effect on Walls Road properties as a result of the subdivision and seeking compensation from the applicant for any resulting reductions in value. Further they are concerned that further subdivision may occur in the future and are seeking a restriction on further subdivision. Discrepancies with application - Address noted as being in-correctly identified as 418B Walls Road. Correct address asserted as 418B Woodlands Road or 42 Walls Rd. o Departures from District Plan Standards - The submission raises a number of points regarding departures from the District Plan standards and these are largely addressed in the preceding issues noted above. 2. The key concern expressed by C and S Wilcocks are summarized as follows: o o Roading and Access That Walls Road would need considerable up-grading, especially at both ends to cope safely with extra traffic. Some parts need widening to permit passing and base strength needs improvement. Road safety along Walls Road is of particular concern, with lack of passing bays and blind corners. Further, access and sightlines to Giago s property need improvement and maintenance. Vegetation reduction suggested as an option for improving entrance sightlines. Turning area for service vehicles also requested (provided a diagram showing Walls Road entrances to Wilcocks and Giago property). Power/Telecommunications The submission indicates that a new transformer will be required on the Giago property. The submitters are concerned that there is no power plans provided with the application and that an ad hoc approach to power/phone supply is environmentally un-pleasant. o Dust - Dust reduction through the sealing of the road is sought if subdivision is approved. Page 15

16 o o o Property Values The submitters are concerned the quality of life of residents on Walls Road will decrease. Request The submitters request that Council drive along Walls Road and go into each entry and exit, rather than just read the application. Consultation - Noted that no consultation by applicant has been undertaken. The matters raised by the submitters are assessed below. Engineering Assessment of Issues Raised in Submissions The following assessment is in response to the engineering issues raised in the above submissions. Background This subdivision is located at the end of Walls Rd. Stage One of the proposed subdivision creates three allotments where the two dwellings will be contained within two of these allotments. Stage Two of this subdivision creates a further three allotments and thus a six lot subdivision is created. Walls Rd is a narrow, un-sealed metalled access road servicing four dwellings. Existing sight lines are constrained due to the topography and narrowness of the winding road platform. The most recent vehicle count, records 21 vehicles per day (vpd) in October This equates to 5.25 vpd per dwelling. Stage One creates an additional 5.25 vpd along Walls Rd and in Stage Two a further 15.75vpd. A total combined traffic volume of 42 vpd is interpolated. Submitters Engineering Issues of Concern Four main concerns associated with the additional traffic generated by the proposed subdivision have been identified: Vehicle safety issues along Walls Road An increase in dust nuisance Right-of-way A access Existing Woodlands Road/Walls Road intersection standards Vehicle Safety Issues - Walls Road Walls Road has a 3 to 4 metre nominal metal width with a 4.5 to 6 metre traversable road platform. The sides of the road are bordered with dense vegetation on the northern side of the road with steep overhead banks on the southern side of the road. Available sight distance is constrained in places by vegetation on the inside of corners and steep overhead banks. The average operating speed along Walls Road has been measured to be around 30km/h as the narrow road platform and the closed in effect of the adjacent road edge, moderates vehicle speed. There are a number of isolated locations where two traffic clearances are not achieved. The submitters are concerned that the additional traffic generated by this subdivision will significantly decrease traffic safety along Walls Road. The Operative District Plan (1997) prompt for an up-grade of the road is when the daily traffic count exceeds 50vpd where a seal surface, minimum carriageway width and safe alignment standards are required. Section of the Operative District Plan (1997) makes allowance for financial contributions for seal extension when the daily traffic of 50 vpd is exceeded. The interpolated daily traffic volume along Walls Road that would include this fully developed subdivision proposal has been assessed at 42vpd. The up-grading and sealing all of Walls Road is therefore not supported by the Operative District Plan (1997). Page 16