Report on an application for resource consent

Transcription

1 Report on an application for resource consent Under section 88 of the Resource Management Act 1991 TO: FROM: Resource Consent Hearings Commissioners Christopher Oliphant, Regulatory Planning Co-ordinator: Subdivisions, Southern Resource Consenting and Compliance DATE: 19 October 2011 NOTE: This report sets out the advice of the reporting planner. This report has yet to be considered by the Panel of Commissioners delegated by the Council to determine this application. The recommendation is not the decision on this application. A decision will only be made after the Commissioners have considered the application and heard the applicant and any submitters. 1.0 APPLICATION DESCRIPTION 1.1 Application and Property Details Application number(s): Resource Consent Nos: LU9629, LU10002, LU10003, LU10004, LU10005, LU10006 Subdivision File No: 16/10/016 Reporting officer: Site address: Legal Description: Site Area: Applicant s name: Christopher Oliphant, Regulatory Planning Coordinator: Subdivisions 55 Takanini School Road and 3 Popes Road, Takanini Lot 1 DP (CFR ) and Lot 2 DP (CFR ) hectares and hectares respectively Takanini Industrial Limited Lodgement date: 18 June 2010 Notification date: 21 July 2010 Submissions closed date: 18 August 2010 Number of submissions received: None in support. Two neutral. Twelve opposing (two of which were late). Road and 3 Popes Road, Takanini Page 1

2 1.2 Locality Plan 1.3 Application Documents (Plans and Reference Documents) The list of application documents and plans is set out in Appendix 5 of this report. 1.4 Adequacy of Information It is considered that the information submitted by the applicant is sufficiently comprehensive to enable the consideration of the following matters on an informed basis: a) The nature and scope of the proposed activity as it relates to the relevant district plan and plan changes. b) The extent and scale of any adverse effects on the environment. c) Persons who may be adversely affected. d) The requirements of the relevant legislation. e) A request for further information under s92 of the RMA was made on 28 June The applicant provided the information requested on 12 July Report and Assessment Methodology The application has been prepared to a good standard incorporating a number of expert assessments. In recognition of the standard of this application, this report will not unnecessarily repeat descriptions or assessments made in the application. A separate and Road and 3 Popes Road, Takanini Page 2

3 independent assessment of the proposal has been undertaken and independent experts have been engaged on behalf of the Auckland Council to review technical aspects as required. If the descriptions or assessments provided on various aspects of the proposal are agreed the report will simply confirm agreement with these aspects. If there are differences in opinion or matters that need more assessment, consideration or discussion in the report or indeed there are matters that are considered inaccurate, incorrect or that have been missed or there is disagreement with opinion or approaches, the report will detail conflicting assessments and opinions (of those of Council experts) where relevant. Where appropriate extracts from the application material or from the Council expert reports will be included to enable this report and assessment to flow and be clearly understood. The assessment also relies upon reviews and advice from the following experts on behalf of the Council and specialist Auckland Council officers. These assessments are attached in Appendices 28 to 33 of this report: Geotechnical review (letter) Geotechnical Peer Review, LUC 9629 Proposed Residential and Light Industrial Subdivision at 55 Takanini School Road, Takanini (Lot 2 DP ), Project No , dated 19 February 2010, by URS (Paul Salter/Evan Giles). Urban design review Proposed Comprehensive Residential and Mixed Use Development, 55 Takanini School Road, Papakura, Urban Design Assessment (peer Review), dated March 2010, by Transurban Limited (Nick Rae). Note: This report was completed prior to lodgement of the application. Since the closing of submissions Council has engaged Chow Hill Architects Limited to provide urban design advice in relation to the application as Transurban Limited have been engaged on behalf of a submitter to the application. Retail review (letter) Re: 55 Takanini School Road and Application for a Small Retail Centre, dated 4 June 2010, by Speer, Speer and Associates Limited (Robert Speer). Acoustic review Peer Review of Acoustic Assessment 55 Takanini School Road, Papakura, dated 7 September 2010, revision 2, by JPStyles Limited Acoustics & Vibration (Michael Riley). Development Engineering Review Memorandum by Auckland Council s David Russell, Senior Development Engineer. Transportation Review Memorandum by Auckland Transport s Minnie Liang, Principal Consent Specialist South, Road Corridor Operations 2.0 EXECUTIVE SUMMARY Takanini Industrial Trust Limited has, firstly, applied to the Auckland Council for resource consent to undertake a comprehensive residential and mixed use development at 55 Takanini School Road over a hectare site which includes the construction of a temporary storm water detention pond on 3 Popes Road (all of which is referenced by Council as LU9629). The applicant has, secondly, lodged five separate subdivision applications which interlink with the development proposal outlined in the land use consent. The subdivision consent applications provide for separate stages of development and, in general terms, the proposal is to create seven super lots and three associated Road to Vest lots with further finer grained subdivision to follow as each super lot is developed. Overall, the application is for a no-complying activity. Road and 3 Popes Road, Takanini Page 3

4 The pattern of development is urban in its nature and is proposed for land that is zoned Rural Takanini/Drury under the Auckland Council District Plan (Papakura Section) but which is subject to several notified plan changes including Plan Change 15, being the most relevant, which proposes a re-zoning to part Industrial 1 zone, part Industrial 3 zone and part Residential 8 zone. Whilst hearings have been held for Plan Change 15, no decisions have yet been released on this plan change. Overall, it is considered that even with proposed conditions, the effects of the development on the environment will be more than minor in relation to traffic and amenity concerns which are described in this report. Furthermore, the proposal is considered to be to be contrary to the objectives and policies of Auckland Council District Plan (Papakura Section) and associated notified plan changes when taken as a whole. Subject to new or contrary evidence being presented at the hearing, it is recommended that the application for resource consent be refused. 3.0 THE PROPOSAL, SITE AND LOCALITY DESCRIPTION 3.1 Proposal Land Use Consent Application The land use consent application is for a comprehensive residential and mixed industrial and retail use development at 55 Takanini School Road as well as the construction of a temporary stormwater detention pond on the land to the north at 3 Popes Road. The applicant has provided a detailed description of the proposed development as part of the assessment of effects report titled Resource Consent Application and Assessment of Effects on the Environment dated May 2010, prepared by MPC Planning Limited (see pp 7-15 of that document). A summary of the key components of the proposal includes: 36,000m³ of earthworks (cut and fill) over an area of 53,085m², which includes the removal of approximately 2,000m³ of material off the site and a stockpile located on 3 Popes Road 98 residential units in the southern half of the site. Six of these household units have an additional household studio unit on one lot and 12 lots have a detached sleepout (these have no kitchen facilities). Each household unit is double storey A mixed use development on the northern part of the site consisting of: o A childcare centre with capacity for 100 children, o 21 light industrial units, o 2280m² of ground floor retail units with the maximum floor area of a single retail unit being 200m² (the number of retail units is not specified at this stage), o 32 upper level residential apartments o 26 two storey live-work units with first floor living accommodation and ground floor work area (Details in relation to the activities proposed for the retail, mixed use and industrial units are further outlined below) Road and 3 Popes Road, Takanini Page 4

5 The construction and vesting in Council of a new local road running east-west through the centre of the site The widening and upgrade of that part of Takanini School Road directly adjoining 55 Takanini School Road A stormwater management system consisting of recharge pits, tree pits, piped network for conveyance, overland flow paths and a temporary stormwater pond Water, wastewater, power and phone connections through the extension of existing public lines and the installation of new public lines through the subject site. The application does not include any signs within the mixed use area (although areas for signs are provided on the application plans) and these are not assessed with the application. A temporary stormwater pond is to be located on 3 Popes Road and will be used by the development on 55 Takanini School Road until such time that Council constructs a stormwater treatment pond to the north of the property (as proposed in conjunction with Plan Change 15). It is proposed that the temporary stormwater pond be covered by an easement in favour of Council which would contain the provisions and maintenance of the pond system by the owner of 3 Popes Road. It is proposed that the retail units could contain a mixture of retail and commercial services to service the local area. The number of units and the floor area of each are not specified in the application as it is proposed that the type and number of retail units would be market driven. The types of retail activities envisioned for the development include those specified in Appendix G to the Retail Assessment by Market Economics. Examples include dairies, butcher, green grocer, liquor outlet, clothing shop, florist, takeaway outlet, café, restaurant, bar, bank, post shop, dry-cleaners and medical service provider (doctor, physiotherapist, optometrist, dentist etc). It is proposed that the live-work units would be restricted to industrial, office and warehousing activities but would not include: Any activity listed is schedule 6A and 6B of the Auckland Council District Plan (Papakura Section) (the District Plan) Any activity involving the processes listed in schedule 6C or 6D of the District Plan The use or storage of any hazardous substance listed in Schedule 6E exceeding the quantity threshold of Schedule 6F of the District Plan Any retail sales to the public (excluding online sales) The following commercial activities: post office, banks, hairdressers, drycleaners and self-service laundries It is proposed that the industrial units would be for light industrial purposes in line with the Industrial 1 zoning for the site under Proposed Plan Change 15. It is noted though that there are no Permitted Activities within the proposed Industrial 1 zone but industrial activities that meet specified criteria in relation to the type of activity and the storage of no hazardous substances are proposed as a controlled activity. Road and 3 Popes Road, Takanini Page 5

6 Subdivision Consent Applications The proposal includes five separate subdivision applications which interrelate directly with the land use consent, as outlined above. The subdivision consent applications provide for separate stages of development but the timing and order of all of the separate stages is not confirmed in the application documents. In general terms the proposal is to create seven super lots and three associated Road to Vest lots with further finer grained subdivision to follow as each super lot is developed. A detailed description of each subdivision is provided with the application documents. The applications consist of: 1. LU10004 Being a ten lot subdivision (seven lots for further development and three Road to Vest Lots) in two stages for the creation of super lots. It is intended to further subdivide the seven lots around the buildings as proposed in the land use consent application. The proposal includes Rights of Way easements over some lots for future subdivision stages. Stage One may be completed first or both stages may be completed together. The development of each stage through further subdivision applications is further discussed below. Lots sizes proposed are as follows: Stage 1 - Lot 1 being 8,549m² - Lot 5 being 8,475m² - Lot 8 as road to vest being 2,294m² - Lot 10 as road to vest being 665m² for the widening of Takanini School Road Stage 2 - Lot 2 being 5,935m² - Lot 3 being 5,159m² - Lot 4 being 5,378m² - Lot 6 being 4,710m² - Lot 7 being 8,447m² - Lot 9 as road to vest being 3,515m² 2. LU10002 Being a re-subdivision of Lots 1 to 4 created under LU10004 into 98 residential lots and four jointly owned access lots in four stages. The applicant has not determined what order the stages may occur in. The average residential lot size is 187m². It is proposed that there will be one Resident s Society for each of Lots 1 to 4 created under LU10004 (i.e. four separate societies) and these will be incorporated societies under the Incorporated Societies Act The Resident s Societies will own the access lot within the borders of their individual lot and will manage all matters related to that lot. Lot sizes are proposed as follows: Stage 1 being 33 residential lots and 1 jointly owned access lot - Lot 1 being 237m² - Lots 2, 5, 6, 7 each being 227m² - Lots 3 and 4 each being 226m² Road and 3 Popes Road, Takanini Page 6

7 - Lot 8 being 259m² - Lot 9 being 208m² - Lot 10 to 15 each being 183m² - Lot 16 being 193m² - Lot 17 being 206m² - Lot 18 being 149m² - Lot 19 being 180m² - Lot 20 being 178m² - Lots 21 and 22 each being 181m² - Lot 23 being 205m² - Lot 24 being 422m² - Lot 25 being 220m² - Lots 26, 27, 28, 32, 51 each being 189m² - Lots 29 and 30 each being 195m² - Lot 31 being 196m² - Lot 200 as a jointly owned access lot being 1,739m² Stage 2 being 25 residential lots and 1 jointly owned access lot - Lot 33 being 250m² - Lot 34 being 187m² - Lot 35 being 205m² - Lot 36 being 149m² - Lot 37 being 172m² - Lot 38 being 213m² - Lots 10, 41, 44, 45, 48, 49 each being 150m² - Lots 42 and 43 each being 186m² - Lots 46 and 47 each being 179m² - Lot 50 being 208m² - Lots 52, 56, 57, 73 being 189m² - Lots 53 and 54 being 195m² - Lot 55 being 196m² - Lot 201 as a jointly owned access lot being 1,424m² Stage 3 being 21 residential lots and 1 jointly owned access lot - Lots 58 and 72 each being 219m² - Lot 59 being 158m² - Lot 60 being 159m² - Lot 61 being 194m² - Lots 62, 63, 66 and 67 each being 175m² - Lots 64 and 65 each being 200m² - Lot 70 being 149m² - Lot 71 being 201m² - Lot 68 being 169m² - Lot 69 being 178m² - Lots 74, 78 and 92 each being 189m² - Lots 75 and 76 each being 195m² - Lot 77 being 196m² - Lot 202 as a jointly owned access lot being 1254m² Road and 3 Popes Road, Takanini Page 7

8 Stage 4 being 19 residential lots and 1 jointly owned access lot - Lot 79 being 219m² - Lot 80 being 206m² - Lot 81 being 149m² - Lot 82 being 179m² - Lot 83 being 255m² - Lot 84 being 247m² - Lot 85 being 275m² - Lot 86 being 282m² - Lot 87 being 250m² - Lot 88 being 268m² - Lot 89 being 159m² - Lot 90 being 142m² - Lots 91 and 95 each being 195m² - Lots 93 and 94 each being 189m² - Lot 96 being 196m² - Lot 97 being 240m² - Lot 98 being 308m² - Lot 203 as a jointly owned access lot being 1234m² 3. LU Being a re- subdivision of Lot 5 (associated with the multilevel retail/apartment and live-work blocks proposed for the corner of Takanini School Road and the proposed new local road) created under LU10004 into ten lots with nine ground level lots and one lot in strata. Lot 99 will contain one building consisting of ground floor retail units and 11 car parking spaces in the centre of the lot. There will be an upper limit to this lot at the ceiling of the retail units. Lot 149 will contain the other building with retail units at ground level and will include 16 car parking spaces in the central area of the lot and 14 car parking spaces located adjacent to Takanini School Road. There will be an upper limit to this lot at the ceiling of the retail units. Lot 100 is the fee simple lot (air space/strata) that will be created above Lots 99 and 149 which will have the 32 residential apartments. The lot also includes the stairwells from the car park, access to and most of the inner courtyard area containing 52 car parking spaces. 11 of the spaces will be for exclusive use of apartments and the remaining will have shared times with the retail units. Lots 101 to 107 will each contain a live-work unit and all will have access over Lot 100 and Lots 101, 102 and 103 will have access from the adjoining Lot 6 under LU10004 created as well. Rights of way easements are proposed over Lot 100 for the other lots to gain access and pedestrian access is proposed on specified areas of all lots to allow pedestrian access to the other lots within the parent title (Lot 5 of LU10004). Additional easements are also proposed to provide a shared rubbish collection area, parking spaces for other lots created from Lot 5 of LU10004 and for services. Road and 3 Popes Road, Takanini Page 8

9 It is proposed that there will be a Resident s Society for the lots created from Lot 5 of LU10004 of which all the owners of units/lots will be members of the society. This society would be responsible for all maintenance of common areas, any landscaping and lighting, access control to the parking areas, rubbish collection, etc. All these are common facilities for the owners but the society will not own any land as such, it is to be operated as a management organisation. The unit titling of the retail and apartment units is not part of this application and may be applied for at a later date. It is suggested that the units will form a body corporate which will represent the units on the Resident s Society. Individual parking spaces for each unit would be provided as accessory units at the time of a unit title subdivision. Lot sizes are proposed as follows: Lot 101 being 200m² Lot 102 being 213m² Lot 103 being 213m² Lot 104 being 226m² Lot 105 being 227m² Lot 106 being 225m² Lot 107 being 235m² Lot 149 being 2375m² Lot 99 being 1,875m² Lot 100 being 5,539m² 4. LU Being a re-subdivision of Lot 6 (associated with the childcare centre and live-work units proposed in the centre of the site to the north of the proposed new road) created under LU into 11 lots. Lots 108 to 114 and 116 to 118 each contain live-work units and Lot 115 will contain the childcare centre. Parking is provided on each lot or by an easement over another lot. Rights of Way and pedestrian easements are proposed to allow access to each lot over the other lots. A Resident s Society is proposed for the lots created from Lot 6 of LU10004 to administer the development and ongoing maintenance of the lot. It will have the same characteristics as for the lots created from Lot 5 of LU Lot sizes are proposed as follows: Lot 108 being 561m² Lots 109 to 113 each being 224m² Lot 114 being 324m² Lot 115 being 2,135m² Lot 116 being 200m² Lot 117 being 199m² Lot 118 being 201m² 5. LU Being the re-subdivision of Lot 7 (associated with the industrial and livework units proposed in the north eastern corner of the site) created under LU10004 into 30 lots. Lots 119 to 127 are each to contain a live-work unit and Lots 128 to 148 each are to contain an industrial unit. Parking is provided on each lot or by easement over another lot. Rights of Way easements are proposed to allow access to each lot over the other lots. Road and 3 Popes Road, Takanini Page 9

10 A Resident s Society is proposed for the lots created from Lot 7 of LU10004 to administer the development and ongoing maintenance of the lot. It will have the same characteristics as for the lots created from Lot 5 and 6 of LU Lot sizes are proposed as follows: Lot 119 being 617m² Lots 120 to 125 each being 293m² Lot 126 being 247m² Lot 127 being 443m² Lot 128 being 452m² Lots 129 to 136 each being 212m² Lot 137 being 240m² Lot 138 being 358m² Lots each being 273m² Lot 145 being 251m² Lots 139, 143, 144 and 146 each being 250m² Lot 147 being 237m² Lot 148 being 329m² For the three Residents Societies (covering the lot created from Lots 5, 6 and 7 of LU10004 respectively) an encumbrance (or similar) is proposed to require the owner to be a member of the society at all times. 3.2 Site, Locality, Catchment and Environs Description Site Description The subject site is located on the eastern side of Takanini School Road between Popes Road to the north and two rows of dwellings located along Manuroa Road to the south. The main site frontage is along Takanini School Road. The site has a total area of hectares which is made up of two Certificates of Title, Lot 1 DP (CFR ) being hectares (3 Popes Road) and Lot 2 DP (CFR ) being hectares (55 Takanini School Road). Both sites are predominantly flat. Lot 2 DP contains an existing dwelling and accessory buildings located in the south-west corner of the lot. A residential curtilage area is identified on the Certificate of Title for Lot 1 DP , marked A, but no buildings have been constructed on the lot. Access to Lot is located off Popes Road while access to Lot 2 DP is off Takanini School Road. Both lots have previously been used for horticultural purposes and there is a shelter belt of pine trees running east to west within Lot 2 DP The Certificates of Title have Consent Notices registered upon them as a result of a previous subdivision. The Consent Notice for Lots 1 and 2 DP highlights that: The site and its surrounds are intended for future urban development, The site is within a flood hazard area and requires a flood hazard and stormwater assessment for any development on the lots, A geotechnical report has been provided and that any further development shall be undertaken with regard to the specified report but further geotechnical investigation may be required, Road and 3 Popes Road, Takanini Page 10

11 A preliminary site investigation in relation to potential soil contamination has been undertaken but further development of the land will require further testing, including soil sampling. The Consent Notice for Lot 1 DP also specifies that the owner is required to install utility connections and an access way in compliance with the conditions of LU8055 prior to the issue of a building consent. Surrounding activities Much of the land south and west of the site is well developed while land to the north and east is predominantly used for rural activities but has identified as part of the Takanini future growth area. The surrounding neighbourhood is characterised by rural properties north and east, industrial activities and a Sikh temple to the north-west and residential development to the south and south-west. Adjacent zones, under the Operative District Plan, include the Rural Takanini/Drury, Residential 1 and Industrial 3 zones. Surrounding rural properties are predominantly in pasture and used for pastoral farming, horticultural or equestrian purposes. The residential properties south and south-west of the site are older well-established properties with the exception of those properties within the Reding Street development of which dwellings are currently being constructed. The industrial area north-west of the site comprises of a mixture of light and heavy industrial activities and warehousing. The Sikh Temple located on the opposite side of Takanini School Road is located within the Industrial 3 zone. The development site is less than one kilometre from the Takanini train station, approximately two kilometres from the Takanini motorway interchange and approximately five kilometres north of the Papakura town centre. The location of the site provides access to the local road network from Takanini School Road onto Popes Road to the north and Manuroa Road to the south. Manuroa Road provides connection to Great South Road (an arterial road) and Popes Road provides connection to Porchester Road (an arterial road). Residential properties located within Manukau City are located approximately one kilometre north of the site on the opposite side of Papakura Stream. 3.3 Background The two lots subject to this application were created by subdivision consent LU8055, granted November 2005 and variation consent LU8288, granted in January A geotechnical investigation report and preliminary site investigation to assess potential soil contamination were provided with the subdivision application to assess the suitability of the residential curtilage area of Lot 1 DP for residential development. The residential curtilage area for Lot 1 DP is identified on the Certificate of Title. Lot 2 DP does not have a defined residential curtilage area. The Consent Notice on the titles of both lots, as outlined above, requires further geotechnical and contamination assessments for any further development beyond that consented under the subdivision consent LU8288. The conditions of the variation consent included that the existing Consent Notice was to remain registered on the titles for both lots. Road and 3 Popes Road, Takanini Page 11

12 A further consent was granted for a boundary adjustment between the two lots on 7 December 2009, reference LU9754. The boundaries provided for in this application reflect those granted under the boundary adjustment. The survey plan was approved by Council on 14 May 2010 but no completion certificate has been issued in relation to the boundary adjustment. The subject site is located within Takanini Structure Plan Area 6A/6B identified in Plan Change 15, which has an area of 53.5 hectares and is bounded by the Papakura Stream to the north, Porchester Road to the east, existing residential properties along Manuroa Road to the south and Takanini School Road to the west. Plan Change 15 was notified by Papakura District Council on 9 December The plan change proposes to rezone land from a zoning of Rural Takanini/Drury zone under the Auckland Council District Plan (Papakura Section) to part Industrial 1 zone, part Industrial 3 zone and part Residential 8 zone. A Notice of Requirement for a designation to establish a stormwater pond to service the land uses coincides with the Plan Change. The plan change also involves concurrent changes to the Auckland Regional Policy Statement (RPS Change 14) to shift the Metropolitan Urban Limits to encompass this area and a Variation (No.3) to the Proposed Auckland Regional Plan: Air, Land and Water to address air quality management issues associated with the urbanisation of this land. These were also notified on 9 December Whilst Plan Change 15 was notified and submissions/further submissions have closed and hearings have been recently held, no decisions have been made on the plan change. The hearings for the plan change had been placed on hold pending further technical reports on urban design, traffic/transportation, geotechnical conditions, noise, stormwater and air quality but are expected to have been completed on 10 October Other Consents A further resource consent under the Auckland Council Regional Plan (Sediment Control) will be required by the applicant prior to undertaking the proposed development of the land. It is also possible that other consents may be required in relation to the use of the industrial units under the Proposed Auckland Regional Plan (Air, Land, and Water) in relation to discharges to air. Whilst the Council may determine not to proceed with the notification or hearing of an application for a resource consent under section 91 of the Resource Management Act 1991 if it considers that other resource consents will also be required in respect of the proposal to which the application relates, this has not occurred in this instance. Best practice would suggest that all resource consents should be considered concurrently, however, recognition is given of the time that has elapsed since the land use and subdivision applications first being lodged with the Papakura District Council. Road and 3 Popes Road, Takanini Page 12

13 4.0 REASONS FOR THE APPLICATION Resource consents are required under the provisions of the Auckland Council District Plan (Papakura Section) and Plan Changes 13 and 15 to the same. 4.1 District Plans Auckland Council District Plan (Papakura Section) The subject site is zoned Rural Takanini/Drury under the Auckland Council District Plan (Papakura Section) (the District Plan) and the site is in a flood hazard area. A plan showing zoning and the flood hazard area are provided in Appendix 4 of this report. A detailed assessment of the proposal in terms of the relevant rules is provided in Appendix 1 of this report. As the application is for urban development in the rural zone many of the rules are not considered relevant to the proposal but are provided to outline the type and scale of development anticipated in the Rural Takanini/Drury zone. 1. The proposal involves the development of the site for residential, retail, industrial, childcare and commercial purposes and pursuant to Rule 8.1 of the District Plan, requires consent as a non complying activity. 2. The proposal involves earthworks of over 500m³ and pursuant to Rule of the District Plan, requires consent as a discretionary activity. 3. The proposal involves the placement of buildings and fill in the flood hazard area and pursuant to rules and of the District Plan, requires consent as a restricted discretionary activity. 4. The proposal involves the storage of floatable material in the flood hazard area and pursuant to rule of the District Plan, requires consent as a discretionary activity. 5. The proposal does not comply with the bulk and location standards for rural zones and pursuant to rule 8.15 of the District Plan, requires consent as a discretionary activity. Overall the application is a non-complying activity. The site is subject to a number of plan changes (outlined below) but because of the progress of these plan changes and the appeals that relate to Plan Change 13 the most weighting is to be given to the rules of the Operative District Plan (see discussion below) Plan Change 13 to the Auckland Council District Plan (Papakura Section) The subject site is zoned Future Urban under the Plan Change 13 to the Auckland Council District Plan (Papakura Section) (Plan Change 13) and the site is in a flood hazard area. A plan showing zoning and the flood hazard area are provided in Appendix E of this report. The decisions for Plan Change 13 were notified on 5 August 2009 and a number of appeals are currently being negotiated. Road and 3 Popes Road, Takanini Page 13

14 The Plan Change proposes that the site and the adjacent rural properties are zoned Future Urban zone to recognise the intended staged re-development of the wider area for urban purposes, predominantly residential activities, as envisioned by the Takanini Structure Plan. The Takanini Structure Plan is systematically being given effect to via various plan changes as the Council considers appropriate. The Future Urban zone as a whole is currently under appeal as part of the Plan Change 13 process and as such is considered to have slightly less weighting than the provisions of the Operative District Plan. A detailed assessment of the proposal in terms of the relevant rules is provided in Appendix 1 of this report. Resource consent is required for the following reasons under Plan Change 13: 1. The proposal involves the development of the site for residential, retail, industrial, childcare and commercial purposes and pursuant to Rule 1.1 of Proposed District Plan Change 13, requires consent as a non complying activity. 2. The proposal involves development not complying with the development standards for the Future Urban zone and pursuant to Rule of the Plan Change 13, requires consent as a discretionary activity. 3. The proposal involved earthworks with a volume of over 500m³ over an area of more than 250m² which do not comply with all of the development standards for earthworks and pursuant to Rule of Plan Change 13, requires consent as a restricted discretionary activity. 4. The proposal involves an activity that does not comply with all of the development standards for natural hazards and pursuant to Rule of Plan Change 13, requires consent as a discretionary activity Plan Change 15 to the Auckland Council District Plan (Papakura Section) Plan Change 13 to the Auckland Council District Plan (Papakura Section) (Plan Change 15), was notified by Papakura District Council on 9 December 2009 with hearings expected at the time of right to be concluded on 10 October The Plan Change proposes to rezone the land which is the subject of this application from a zoning of Rural Takanini/Drury zone to part Industrial 1 zone, part Industrial 3 zone, part Reserve zone and part Residential 8 zone. Under section 86B of the Act the rules of Plan Change 15 have no legal effect as a decision on submissions relating to the rules of the plan change has not been made and publicly notified under clause 10(4) of Schedule 1. The only rules which have immediate legal effects are those specified under section 86B (3), being a rule that: (a) protects or relates to water, air, or soil (for soil conservation); or (b) protects areas of significant indigenous vegetation; or (c) protects areas of significant habitats of indigenous fauna; or (d) protects historic heritage; or (e) provides for or relates to an aquaculture management area. While there are no rules under Plan Change 15 relevant to these applications that have legal effect, the Residential 8 zone rules/design criteria provide a useful assessment of medium density housing. The proposal has been assessed against these in Appendix 2. Minimal Road and 3 Popes Road, Takanini Page 14

15 weighting is to be given to the objectives and policies of Plan Change 15 as no decision on the plan change have been released following the completion of hearings on submissions Other Plan Changes As the site is located within the Takanini Structure Plan area Section 1, Parts 5A and 5B of the Operative District Plan are relevant to the application. Parts 5A and 5B are affected by: Plan Change 10 Changes to incorporate the Auckland Regional Policy Statement. The decision on Plan Change 10 was notified on 1 August 2007 and the appeals on this plan change are currently being negotiated. Plan Change 11 Takanini Structure Plan Area part 2B and 2C (Kirikiri and Dominion Road Structure Plans). The decision on Plan Change 11 was notified on 15 July 2009 and the Consent Order to settle the final appeal was signed 27 September 2010 but no decision as to when the plan change will be declared operative has yet been made. Plan Change 12 Takanini Structure Plan Area 1A (Glenora Structure Plan). The decision for Plan Change 12 was notified on 23 December The plan change has been subject to appeal for which consent orders have been issued, but has not been yet declared operative. Plan Change 12 also affects the Residential 8 zone provisions being proposed to Area 6 by Plan Change 15. Plan Change 11 includes the insertion of rules that affect the Takanini Structure Plan Area and these are assessed in Appendix 1 to this report. 4.2 Status of the Application Applications Affected by Plan Changes Section 88A of the Resource Management Act 1991 ("RMA") specifies that a plan change must be had regard to if the application for consent was made after the notification of a plan change. In this instance the Plan Changes 13 and 15 to the Papakura Sections of the Auckland Council District Plan were notified on 5 August 2009 and 9 December 2009 respectively. This application was lodged at Council on 18 June 2010, therefore it is necessary to have regard to these proposed plan changes in considering this application. 5.0 NOTIFICATION AND SUBMISSIONS 5.1 Notification The application was publicly notified on 21 July 2010 at the request of the applicant in accordance with s95a(2)(b) of the RMA Submissions At the close of the submission period a total of ten submissions were received. It is noted that two submissions were received after the closing date for submissions. The decision on whether to extend the closing date for submissions rests with the Hearing Road and 3 Popes Road, Takanini Page 15

16 Commissioners pursuant to section 37 of the Act and the factors that must be considered in making this decision are: a) the interests of any person who, in Council s opinion, may be directly affected by the waiver; b) the interests of the community in achieving adequate assessment of the effects of the proposal, and c) Council s duty under s21 of the Act to avoid unreasonable delay. A later section of this report will address the above matters and make a recommendation to the Hearing Commissioners. No submissions supported the application, ten opposed the application and two submissions were neutral. A summary of the issues raised in submissions together with the relief sought by the submitters is set out as follows: Submissions in Opposition 1. Andrew Millar, Maxitrans Industries, Takanini School Road Notes the non-complying activity status and expresses opinion that the proposal is not appropriate for the general area and asks what is the point of developing a District Plan? Raises concern regarding the negative impacts on their business (site is directly adjacent to subject site) and land value. Seeks that the applications be declined. 2. Mrs Elaine Shove and Mr Dale Shove, owners of 46 Takanini School Road Believe the proposal is too crowded and confined Factories should not be mixed with residential and also need a large area around them for movement and parking Expresses opinion that Papakura District Council kept up a good standard for Takanini and Papakura and believe this standard should be maintained Request that the decision be deferred until the new Auckland Council Raises a number of questions in relation to the type of community the development will create, whether the homes are to be rented out, and questions whether Council is agreeing to this high density subdivision to gain more money through reserve contributions. 3. Denise Mahay for Sheriff Place Residents Group The scale and density of the development is inappropriate on land currently zoned rural No land use or subdivision consents should be issued until the zoning of land use of Area 6 is determined under proposed Plan Change 13, Proposed Plan Change 14 and Proposed Plan Change 15 The traffic assessment provided is not comprehensive, does not give enough detail on traffic movement and the data used to assess current traffic volumes is inadequate There are significant traffic management issues at the intersection of Popes and Porchester Roads and at the Takanini Motorway Interchange A comprehensive independent traffic analysis is required Road and 3 Popes Road, Takanini Page 16

17 Requests that approval for area 6 are declined until the Mill Road corridor and connector routes are upgraded There needs to be larger parks and green corridors provided within the development The development is incompatible with the rural zone and is premature given the status of Proposed Plan Change 13, Proposed Plan Change 14 and Proposed Plan Change 15. Seeks that the applications be declined. 4. Gaylene Rudolph of behalf of Alfriston Residents Group The application is premature and does not comply with the objectives and policies of the Operative District Plan and Proposed Plan Change 13 Submissions for Proposed Plan Change 15 have not been heard or considered and this plan change has no legal effect Request an independent traffic assessment to identify primary and secondary corridors and an upgraded Takanini Motorway Interchange prior to any further development of the Takanini/Alfriston area The traffic reports submitted with the application do not adequately assess the traffic implications of the development (including effects on the Takanini Motorway Interchange) An updated structure/spatial plan for the area should be prepared. The developer is maximising the number of units on the site and development of this type will have major negative social and environment issues for the future of the area. There are design issues in relation to the provision of spaces for recreational activities. There is a significant shortfall of car parking spaces which would lead to the requirement of more parking on the roads, the shared parking arrangements are inadequate and impractical and some parking spaces are too small for larger cars. Seeks that the applications be declined. 5. Trustees of the BJ Wallace Family Trust and the SJ Wallace Family Trust, owners of 296 Porchester Road Are concerned that the proposal is premature in advance of decisions on the future zoning of the site as it pre-empts Plan Change 14 to the Auckland Regional Policy Statement (ARPS) and Plan Change 15 (Papakura District Council). The submitter is also concerned about the merits of the proposal in terms of good urban design outcomes, the location of the childcare centre, the amenity and quality of the development and the potential to adversely affect existing adjoining activities. The position of the proposed east-west road is supported but the submitter is concerned about the street layout, street lights and landscaping as proposed. The application does not provide sufficient detail of the effects in relation to: o the overland flow path proposed on adjoining properties to the east, o potential traffic generation on the future road network and future activities o The effects of the proposed built form, in particular the light industrial building (referred to as Block 9). No architectural articulation of the individual units is provided and the scale, bulk and form of the building as proposed are considered inappropriate. Limited amenity in the form of public space is provided. Road and 3 Popes Road, Takanini Page 17

18 The application plans make it difficult to determine exactly what is proposed. Seeks that the applications be declined. 6. Auckland Regional Council The application does not have regard to the strategic direction of the ARPS and Proposed Change 6 to the ARPS. The application site lies outside the metropolitan urban limits (MUL) and is contrary to ARPS Strategic Policy (i) and Urban Containment Strategic Policy of Proposed Change 6 to the ARPS None of the submissions of Plan Change 15 (Papakura District Council) and Proposed Change 14 to the ARPS have been heard or considered. Therefore, the application needs to be considered in the context of the existing ARPS and Papakura District Plan polices relevant to the site. Seeks that the applications be declined. 7. Karl Flavell on behalf of Te Roopu Kaitiaki O Papakura The design is overly intensive and considers that the subject land will become an intense impervious area. The residential area is too close to an industrial area. Seeks that the applications to be declined while suggesting the proposal should be re-designed, specifically that provision should be made for open stormwater retention and associated plantings for amenity, social and environmental wellbeing. 8. Manukau City Council Raises issues in relation to the proposal being an urban development in a rural zone under the Papakura District Plan which is outside of the MUL as defined in the ARPS and considers that such issues are best addressed through plan change processes. Proposed Plan Change 15 (to the Papakura District Plan) and Proposed Change 14 (to the ARPS) apply to the application site and these plan changes have not yet proceeded to the hearings stage. The development will have more than minor effects on the local and wider roading system which will have significant adverse amenity and safety effects on Manukau City Council residents. These effects are not adequately identified or mitigated in the application. Seeks that the applications be declined or that a decision be deferred until the outcomes of the plan change processes are known. 9. Daniel Newman, 4 Gleneagles Grove, Wattle Downs, Manurewa It is recommended that no resource consent should be issued for land within or adjacent to Takanini Area 6 until the status on Proposed Plan Change 13, Proposed Plan Change 14 and Proposed Plan Change 15 have been addressed. There is insufficient transport infrastructure in place to accommodate the proposal and the application does not adequately address how or what additional infrastructure is to be provided. Has concerns as to how the applicant and/or the Council will financially provide for the roading infrastructure improvements required The Council should apply the qualities of the New Zealand Urban Design Protocol that it is a signatory to. The proposed high density land development is not a basis for a healthy, vibrant, high amenity community and such a land use pattern is inconsistent with the rural character of the Takanini community. Road and 3 Popes Road, Takanini Page 18

19 Seeks that the applications be declined. 10. New Zealand Transport Agency (NZTA) Has concerns in relation to effects on the State Highway network. These are not adequately addressed in the traffic assessment report provided with the application. States that the concerns raised by NZTA in their submission to Plan Change 15 are yet to be resolved. Seeks more surety as to the potential effect of the proposal on the Takanini Interchange and the performance of local road connections Various roading improvements are identified in the application but the timing and funding of these works are not defined While the area is identified as an urban growth area it is outside the MUL. Further investigation surrounding alternative transport modes is required. Submissions in Neither Support nor Opposition 1. Ministry of Education for Takanini School, 39 Takanini School Road The proposal may have implications for Takanini School in terms of pedestrian and traffic safety and construction effects (traffic, noise, dust specifically cited). The submitter seeks assurance that construction effects will be managed to the appropriate standards and that pedestrian and traffic safety will be managed through an approved Traffic Management Plan. 2. New Zealand Fire Service Commission (the Commission) The development should take into account the operational requirements of the Commission to adequately provide for fire-fighting activities. Would like some assurance that the proposed development will be provided with adequate water supply for fire fighting purposes for the safety of future occupants. Given the proposed carriageway widths and the required compliance to Council Standards, the Commission is comfortable with the proposed access provisions. If consent is approved the following conditions are requested: a) That the water reticulation will be designed and constructed in accordance with Papakura District Council Development Code b) That the New Zealand Fire Service is to be consulted with and provide approval for the reticulated water supply layout. In meeting this requirement, the consent holder shall show how the requirements of the New Zealand Fire Service Fire Fighting Water Supplies Code of Practice SNZ PAS 4509:2008 have been met. Late Submissions Two submissions were received by Council on 6 September 2010 from Mellviews Limited and Zabeel Investments Limited. Both of these submissions were received by on 6 September 2010 with the showing that the submissions were originally ed to the processing planner on 18 August Council has no record of receiving these submissions on 18 August 2010 and hard copies were not sent to Council. The submitters have not served their submissions on the applicant as required by section 96(6) of the Act, which states: A submission must be served (a) on the consent authority within the time allowed by section 97; and Road and 3 Popes Road, Takanini Page 19

20 (b) on the applicant as soon as is reasonably practicable after service on the consent authority. Both of the submissions are the same and in summary: The submitters support the urbanisation of the Takanini Structure Plan Areas 6a/6b but are concerned that the proposal is in advance of decisions. The application is premature and pre-empting and decision or confirmation of the provisions of plan changes for the 6a/6b area The application is not consistent with the proposed future provisions, has adverse effects on existing adjoining activities, future adjoining activities and will establish inappropriate built forms and activities. The application does not sufficiently avoid, remedy or mitigate adverse effects It is essential that development in the area fully integrates both internally within the site and overall which this proposal does not achieve. Whilst these submissions were received after the closing date they do not raise any further issues that have not been covered by other submitters and could, therefore, be accepted by the Commissioners and the submitters be allowed to participate in proceedings. A decision on whether the submissions are to be accepted will need to be made by the Commissioners as part of the hearing of the application. Please refer to the full set of submissions as required. These are attached in Appendix 27 to this report. 5.3 Written Approvals The applicant has not obtained the written approval from any persons. 6.0 CONSIDERATION OF APPLICATION 6.1 Statutory Considerations When considering an application for a controlled, restricted discretionary, discretionary or non complying activity the consent authority must have regard to Part 2 of the RMA ( Purposes and Principles sections 5 to 8), and sections 104, 104B, 104D, and where relevant sections 106 and 108 of the RMA. Subject to Part 2 of the RMA, when considering an application for resource consent and any submissions received a council must, in accordance with sections 104(1) of the RMA have regard to: any actual and potential effects on the environment of allowing the activity; any relevant provisions of a NES, other regulations, 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 any other matter a council considers relevant and reasonably necessary to determine the application. Section 104(2) allows any effects that may arise from permitted activities set out in a NES or a plan to be excluded from the assessment of effects related to the resource consent. This is Road and 3 Popes Road, Takanini Page 20

21 known as the permitted baseline test. The baseline constitutes the existing environment (excluding existing use rights) against which a proposed activity s degree of adverse effect is assessed. Generally it is only the adverse effects over and above those forming the baseline that are relevant when considering whether the effects are minor. It is at the Council s discretion whether to apply the assessment of the permitted baseline to any proposal. Essentially, the consent authority may disregard an adverse effect of any activity on the environment if a NES or an operative plan (or an operative rule in a proposed plan) permits an activity with that effect. When considering an application for resource consent, the consent authority must not have regard to trade competition or the effects of trade competition (section 104(3)(a)(i)) or any effect on a person who has given their written approval to the application (section 104(3)(a)(ii)). Under s104b a consent authority may grant or refuse consent for a discretionary activity or non complying activity and, if it grants the application, may impose conditions under s108 of the RMA. Section 104D sets out the threshold test for non complying activities. A consent authority may only grant consent to a non complying activity if it is satisfied that the adverse effects on the environment are minor, or the activity will not be contrary to the objectives and policies of the relevant plan or proposed plan. If either of the limbs of the test has been passed then the application is able to be considered for approval subject to consideration under section 104 of the RMA. Section 106 sets out the circumstances under which a consent authority may grant or refuse to grant a subdivision consent. Section 108 provides for consent to be granted subject to conditions and sets out the kind of conditions that may be imposed. All considerations are subject to Part 2 of the RMA, which sets out the purpose and principles that guide this legislation. This means the matters in Part 2 prevail over other provisions of the RMA or provisions in planning instruments (e.g. regional plans) in the event of a conflict. Section 5 states the purpose of the RMA and sections 6, 7 and 8 are principles intended to provide additional guidance as to the way in which the purpose is to be achieved. The application of section 5 involves an overall broad judgement of whether a proposal will promote the sustainable management of natural and physical resources. The RMA s use of the terms use, development and protection are a general indication that all resources are to be managed in a sustainable way, or at a rate which enables people and communities to provide for their social, economic, and cultural wellbeing, and for their health and safety, while sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations, safeguarding the life-supporting capacity of air, water, soil and ecosystems, and avoiding, remedying and mitigating any adverse effects of activities on the environment. The enabling and management functions found in section 5(2) should be considered of equal importance and taken as a whole. Sections 6, 7 and 8 of the RMA provide further context and guidance to the constraints found in sections 5(2)(a), (b) and (c). The commencing words to these sections differ, thereby laying down the relative weight to be given to each section. Road and 3 Popes Road, Takanini Page 21

22 Section 6 of the RMA sets out the matters of national importance which need to be recognised and provided for and includes among other things and in no order of priority, the protection of outstanding natural features and landscapes, the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna, and the protection of historic heritage. Nevertheless, in relation to this particular proposal there are no section 6 matters which are considered relevant. Section 7 of the RMA requires the consent authority to give particular regard to those matters listed in the section. Section 7 matters are not expressly ranked in order of priority. Therefore, all aspects of this section are to be considered equally. In the case of this particular proposal the following matters are considered relevant: The efficient use and development of natural and physical resources Maintenance and enhancement of amenity values Maintenance and enhancement of the quality of the environment Finite characteristics of natural and physical resources. Section 8 of the RMA requires the consent authority to take into account the principles of the Treaty of Waitangi. This section of the RMA recognises the relationship of Tangata Whenua with natural and physical resources and encourages active participation and consultation with Tangata Whenua. Any relevant matters are considered in the evaluation section of this report. 6.2 Section 104(1)(a) Actual and Potential Effects on the Environment Effects that must be disregarded A. Any effect on a person who has given written approval to the application No persons have given their written approval requiring the disregarding of effects upon such persons. B. Trade competition There are no issues of trade competition that have been identified as being raised as part of this application to date Effects that may be disregarded Permitted Baseline assessment The permitted baseline refers to permitted activities on the subject site. In this case, an urban development on rural land, it is considered that the permitted baseline test is not applicable to this application Assessment of Effects Having regard to the above and after analysis of the application (including any proposed mitigation measures), undertaking a site visit, reviewing Council records, reviewing the submissions received and taking advice from appropriate experts, the following effects that require specific consideration in respect to this application have been identified. Road and 3 Popes Road, Takanini Page 22

23 Transportation Effects Effects on the road network The application includes an Integrated Transport Assessment (ITA) by Traffic Planning Consultants Limited which concludes that the additional traffic generated by the proposed development can be accommodated on the existing road network with little or no effect. The report estimated traffic generation will be in the range of 2,050 to 3,100 traffic movements per day with am and pm peak hour generation being 310 and 390 traffic movements per hour respectively. Auckland Transport have assessed the application and consider that while the traffic generation figures above are correct for the development the effects associated with the increase in vehicles is considered to be more than minor on the surrounding road network (including the Takanini Motorway Interchange). It is considered that the proposed development will have an effect on the wider roading network due to the traffic volumes associated with the increase in residential, retail and industrial properties. Of particular concern is the increase of vehicle movements associated with the residential units at peak traffic times. Any increase in vehicles is considered by Auckland Transport to be likely to exacerbate existing difficulties associated with existing traffic congestion, pedestrian safety and access issues and generate traffic dangers beyond an acceptable level until significant works are undertaken at key intersections. A number of studies are currently being undertaken, or recently completed, to determine effects of traffic on the surrounding network as a result of current and future traffic volumes. The studies include: Plan Change 15 Takanini Area 6: Traffic Assessment including Addendum 1 and 2 (August 2011). Draft Takanini East West Study (yet to be finalised) Manuroa Road Rail Overbridge Scoping Report Beca 28 August 2009 (Completed) Mill Road Corridor Study for the development of a long term plan for the road network between Alfriston in the north of the District to Drury in the south. (Completed June 2010) Auckland Transport are undertaking some further investigations. PPC4 & PC11 Takanini Structure Plan Areas 2A, 2B (part) and 2C Takanini Interchange S-PARAMICS Assessment. (Completed March 2009) NZTA State Highway 1 Manukau to Pokeno Study (Underway) As these studies have not been completed yet the full effects of the proposed development on the surrounding road network cannot be gauged with any certainty. In the immediate roading context the proposed development is within an area that presently contains a number of recorded intersection Black Spots which have a factual history of accidents. Manuroa Road/ Takanini School Road intersection is considered the 53 rd worst and Popes Road / Porchester Road intersection is considered the 5 th worst black spots in the former Papakura District based on a 2008 analysis. Furthermore there are also existing traffic congestion, pedestrian safety and access issues in the vicinity. The increase in vehicle movements on these intersections is considered to exacerbate the existing situation and would require further intersection analysis and possible significant upgrades for effects to be considered minor. Road and 3 Popes Road, Takanini Page 23

24 In the wider context the increase in traffic movements is also likely to have adverse effects more than minor in nature on the railway level crossing on Manuroa Road, the Manuroa Road / Great South Road intersection and the Takanini motorway interchange. Information provided in the application suggests that the north bound interchange on ramp may increase by between 5% and 10% which is significant when the interchange is considered at capacity (or very close to) by NZTA. Furthermore the Great South Road/Spartan Road intersection, the next intersection to the north on Great South Road, has recently undergone safety improvements by introducing a right turn prohibition from Spartan Road into Great South Road. These improvements have eliminated this intersection as Council s worst black spot but do mean that more traffic will use the Manuroa Road/Great South Road intersection to the south. With the exception of the Popes Road/Porchester Road intersection itself the increase of traffic along Popes and Porchester Roads to the east of the site is within the capacity of the road. Based on the information supplied the percentage of heavy vehicles operating on the roading network is unlikely to increase to any significant degree as a result of the application. Effects on properties in the vicinity The increase in vehicle movements, particularly residential vehicles, will have some effect on surrounding properties served by Manuroa and Takanini School Roads. It is likely that there will be traffic conflicts between users and in particular between the proposed east-west road and proposed east-west access way with existing users of Reding Street and access ways located on the opposite side of Takanini School Road. There is 29 metres between the proposed east-west road and Reding Street which will restrict the simultaneous use of the proposed flush median provided for acceleration/deceleration prior to/after right turn movements. Although the proposed east-west road is in a similar position as that in Plan Change 15 there is nevertheless likely to be turning conflicts with the users of the opposite side of Takanini School Road. Effects on pedestrians, cyclists and public transport The proposed development provides for 162 household units within the development site and a retail centre and childcare centre that require adequate pedestrian and cycling facilities to service the needs of the occupants and users from within the development site as well as for those people living and working in the surrounding area. The proposed household units are likely to generate additional children going to the local primary school, which is within walking distance from the site (approximately 450 metres south). Existing pedestrian and cycle access along Takanini School Road and across Takanini School Road and Manuroa Road is poor. Footpath and intersection upgrades are required to ensure crossing points and systems are such that safe pedestrian and key cycling routes generated by the development are provided for expected users. Although the ITA refers to these improvements being made as part of on-going development in the area pedestrian and cyclist safety should, where appropriate, be addressed within the context of this application. Auckland Transport considers that if consent is granted to the application that the intersection of Takanini School Road and Manuroa Road should be upgraded to a signalised intersection with pedestrian crossings as a condition of consent. Road and 3 Popes Road, Takanini Page 24

25 Generally where footpaths are proposed they are located clear of the road and this separation increases pedestrian safety. However, adjacent to the proposed retail buildings it is more advantageous to have the footpath against the kerb so that when the parking is parallel easier access to the cars is provided. Nevertheless, with the proposed angle parking the cars overhang the footpath by approximately 1.0 metre and reduce the width of footpath available for pedestrian use and introduces an unwelcome conflict between pedestrian and vehicle traffic. This raises questions in relation to the overall design of the proposed eastwest road and is considered to be another advantage to have parallel parking along both sides of this road. Parallel parking is more pedestrian friendly but results in a much reduced density of on street parking. Forms of angle parking including right angle parking each have their advantages and disadvantages thus it is necessary to consider the long term nature and function of this road once it loses its cul-de-sac nature when it is linked to the development of land to the east. See also the discussion below in the section on internal layout and road design. The road layout proposes a pedestrian crossing on the east-west road near the intersection with Takanini School Road. While this allows for a crossing point for pedestrians this crossing is unlikely to meet NZTA requirements for a marked zebra crossing and hence is not supported by Auckland Transport due to safe sight distances not being available. However, should a high pedestrian count eventuate a pedestrian crossing in a safe position can be installed relatively easily elsewhere on this road. Pedestrian movement within residential lots is to be accommodated in accordance with the principles of the Home Zone urban design philosophy which in essence redefines vehicle access routes so that they are no longer dominated by the motor vehicle but become a shared space for use by pedestrians and slow moving vehicles (this is achieved by appropriate road design/road surface treatments/landscaping techniques). Lots 1 4 created in the first subdivision application (Council file reference: LU10004) provide a network of access ways for shared pedestrian, cycle and vehicle connections. The legal widths appear to be adequate for the anticipated shared use but further measures may be required to ensure that low vehicle speed within the home zones are encouraged so that they are a safe place for pedestrians and cyclists. This would include such things as clear delineation between the public roads and the shared spaces, surface treatments that allow for easy walking, changes in road heights (e.g. speed bumps) which allow for ease of pedestrian access and particularly for the elderly or those with disabilities and additional traffic calming measures along the east-west access way. Such measures can be provided by appropriately worded conditions should consent be granted. The proposed layout of the east-west road includes (on its northern side) one footpath on private property adjoining the retail/apartment and live-work buildings and one footpath on the road reserve with small connections and grassed areas in between. The two footpaths are provided as the proposed buildings are designed to overhang the street and have a footpath underneath them within private property and Auckland Transport requires footpaths within road reserves that are for full public use. Auckland Transport has maintenance issues when what should be public assets are on private land so it is necessary to have an adequate public footpath on the road reserve without overhanging buildings. Auckland Transport considers that the three metre wide public footpath can be reduced to 1.5 metres wide, given that another three metre wide private footpath is provided directly adjoining it. Road and 3 Popes Road, Takanini Page 25

26 This reduction can also provide extra space to meet the on-street parking requirements (thus should not be left as berm) so as to provide more area for the manoeuvring of vehicles entering and exiting parking spaces, thus reducing the potential for conflict with other vehicles travelling along the road. The southern side of this road contains a fairly standard footpath on the public road reserve. A raised footpath where it crosses proposed internal private ways serving the residences to the south of the road would reinforce the home zone design concept adopted for the development. Internal layout and road design The application includes a new road through the centre of the site, the widening of Takanini School Road along the property frontage (including a Road to Vest Lot) and a network of Rights of Way and jointly owned access lots to service the individual lots. Opposite this site on Takanini School Road are two Right of Way entrances and to the north of the development there is the Reding Street intersection. Takanini School Road is to be widened to include two traffic lanes, a parking lane on either side of the road, a flush median plus the associated berms. At present there is parking against the west side kerb and two lanes of traffic. Auckland Transport recommends a footpath along Takanini School Road for shared cycling and walking with a width of three metres. The nature of the possible road cross section is expected to be measured from the existing kerb line on the western side of Takanini School Road. The TIA provides a proposed cross section of Takanini School Road and a different cross section is provided in the stormwater report submitted with the application. It is considered that the final cross section can be determined at the time of engineering plan approval if consent is granted. The position of the proposed east-west road is in line with that indicated under Proposed Plan Change 15 but the layout of the road and associated parking is not considered appropriate for the location. It is proposed that angle parking is provided along the northern side of the road and parallel along the southern. For this development the road is a no exit road, however, the expectation under Plan Change 15 is that it would be a through road to Porchester Road serving industrial zoned land. The traffic mix will therefore include significant numbers of heavy vehicles and the speed environment will change. In this situation the required reversing of vehicles over the centre of the road is considered problematic and will create a hazard to other road users, i.e. the extent to which reversing vehicles will have to reverse into the traffic stream to determine clear sightlines poses a threat to passing traffic, especially cyclists. It is considered that angle parking should not be provided and that parallel parking would best be provided along both sides of the proposed east-west road. By providing parallel parking along both sides of the proposed east-west road the proposed layout of the road will be affected. Auckland Transport considers the legal width of the road appropriate for its location and possible future use and that the final layout could be determined through conditions of consent (if consent is granted). The additional unformed width created by the removal of the angle parking could allow for a wider footpath, a cycle path and or additional landscaping along the east-west road. Nevertheless, the change to parallel parking also has repercussions for the parking supply of this road (from 44 spaces to Road and 3 Popes Road, Takanini Page 26

27 approximately 20 spaces depending on the layout and landscaping). Parking is further discussed below. Landscaping plans have been submitted with the application but the trees proposed along Takanini School Road and the proposed east-west road are not in accordance with either Plan Change 15 or Councils Tree Policy and Initial Implementation Plan. The nature and number of the trees proposed is likely to impact on street lighting within the road reserve areas. An assessment of the effect of the trees needs to be made before the landscaping plan is approved as it may be necessary to change the tree type or change the street light spacing to achieve the illumination required (this could be done through conditions if consent is granted). A similar assessment would also need to be provided for within the lots to ensure a level of certainty to public safety. In Lot 7 the truck tracking curves run over some of the end islands of the parking areas. These could be confirmed and the parking area altered through conditions of consent. Changes to the parking layout could result in a the loss of a parking space which is not considered significant given the number of parking and loading spaces available on Lot 7. Parking and loading Lots 1 4 Within the four residential lots each household unit is provided with two onsite parking spaces (of at least one space is provided by garaging) with the exception of the six lots with second household units (studio units) which do not have a separate parking space for these second household units. The super lots provide for an additional 22 parking spaces within the jointly owned access lots. This results in the overall number of parking spaces provided being in excess of what would be required under the District Plan for residential development of this density in an urban area (the requirement is two spaces per household unit). The availability of the additional parking spaces will only mitigate the effects of parking shortfall for the six lots with second household units once the entire four residential blocks are developed. Four of the lots with additional units are within super Lot 1 which has no additional parking spaces so demand will increase for parking along Takanini School Road and at the entrance of the east-west road until such time that the other large lots are developed. The application does not provide certainty to the stages and timing of the development so the effects created by this shortfall in parking could be for the medium to long term until all four super lots have been fully developed. Auckland Transport has concerns with regards to the proposed jointly owned access lots for the residential lots. The tracking curves provided do not satisfactorily demonstrate that these jointly owned access lots can accommodate the turning movements of service trucks (including fire truck and ambulance). As a consequence there are concerns over the dimensions of the jointly owned access lots and their function. Lot 5 Lot 5 contains 32 apartments, 2280m² of retail space and seven live-work units with a total industrial floor area of 756m². Based on the urban parking requirement rules of the District Plan, two car park spaces per residential unit, one parking space per 40m² of retail area and Road and 3 Popes Road, Takanini Page 27

28 one parking space per of 45m² industrial area (plus additional space of one per two employees but employee number are unknown at this stage) is required which equates to a minimum of 150 parking spaces. The application provides for 113 parking spaces for the units on Lot 5 and five of these spaces are shared loading bay/parking space. To compensate for this shortfall it is proposed by the applicant that a number of the spaces will be shared between the residential and retail users. The retail activities will have 14 spaces for retail use only and an additional 27 spaces that will be available for use by the residential units from 5.30pm to 8.00am. The residential units will have 11 parking spaces for their exclusive use (garages along the northern boundary) and 40 spaces that will be available for use by the retail units from 8.00am to 5.30pm. The applications are not clear on the intended rules around the use of the parking spaces so it is not known if for example the residential units can use their allocated spaces during the day if they want or if the spaces have to be clear for the retail activities. It is considered appropriate that each residential unit be provided one parking space for their exclusive use. This would mean that if someone wanted to get the train to work or was home during the day for example that they did not need to move their vehicle off the site so that the retail activities had a space to use. This would allow for 19 shared residential/retail spaces during the day. If this were the case then there would be a significant shortfall of parking spaces on Lot 5. A shortfall of 37 parking spaces is considered to have more than minor effects especially given that the end use of the retail units is unknown and different activities (such as a dairy or butchers compared to a restaurant) can generate higher and different parking needs. It is considered that the proposal will create additional demands for parking along Takanini School Road and the proposed east-west road. This additional parking may not be able to be provided for in the long term due to uncertainties over final road designs given the number of road studies as yet uncompleted as part of the Plan Change 15 and other plan change and district wide development studies as stated above. The angled parking on the east-west road cannot be relied upon to provide the additional spaces required. Seven of the parking spaces and three of the loading bays for the live-work units on Lot 5 are located on Lot 6. For these spaces to be available for Lot 5 it needs to be ensured that the access way on Lot 6 is fully formed at the time of Lot 5 being created and buildings constructed upon it as well as ensuring appropriate easements and body corporate entities are in place. Lot 6 Lot 6 contains ten live-work units with a total industrial floor area of 941m² of work area and a childcare centre for 100 children and 14 staff. Based on the urban parking requirement rules of the District Plan two car park spaces per residential unit, one parking space per 45m² of industrial area (plus additional space of one per two employees but employee number are unknown at this stage), and one space for every staff member plus one space for every ten children the childcare centre is designed to accommodate are required. The activities on the lot require a total of 65 parking spaces and 51 are provided with ten of these spaces being shared loading bays/parking space. The shortfall of 14 spaces is considered acceptable provided that the occupants of the ten live-work units reside and work onsite and, should consent be granted, appropriate legal mechanisms can be applied to ensure this occurs. Road and 3 Popes Road, Takanini Page 28

29 Eight of the parking spaces for Lot 6 can only be accessed through Lot 7. For these spaces to be available for Lot 6 it needs to be ensured that the access way on Lot 7 is fully formed at the time of Lot 6 being created and buildings constructed upon it as well as ensuring appropriate easements and body corporate entities are in place. Lot 7 Lot 7 contains nine live-work units with a total floor area of 805.5m² and 21 industrial units with a total floor area of 2,951m². The floor areas require a total of 83 parking spaces and the residential units require 18 spaces giving a total of 101 spaces required. The lot provides 92 parking spaces and nine of these are shared loading bays/parking spaces. The shortfall of nine parking spaces is not considered significant due to the shared use of spaces for the nine live-work units if the occupants of the residential units live and work on the site and if the 21 loading bays outside of the industrial units are available for car parking when they are not being used for loading. Loading spaces The application provides for loading bays for each of the live-work and industrial units but only one loading bay for all of the retail units on super Lot 5. All but two of the loading bays for the live-work units are designated as shared loading bay/parking space. The shared use is considered appropriate depending on the end use of the live-work units and provided that it is ensured that the loading bay is free when required. The provision of only one loading bay for all of the retail units on super Lot 5 is a concern given that the number of retail units in the mix and given the end use of the units is unknown at this stage. The loading area is located in the access way for Lot 5 and will restrict vehicle movement in and out of the lot. Loading arrangements for retail use needs to be reworked to ensure that clear vehicle access to Lot 5 is maintained at all times as well as sufficient and convenient loading arrangements being provided for retail uses. Effects during earthworks and construction The application includes earthworks of 36,000m³ with 2,000m³ of this to be transported off site. Vehicle movements associated with the earthworks will include approximately 250 trucks carting excess soil off the site during the bulk earthworks stage, vehicle movement to get earthmoving equipment on and off the site and movements associated with contractors coming to and from the site. It is assumed that the earthworks could be completed in one earthworks season but this will depend on the intended staging and timing of the lots. The number of vehicle movements in a day will also depend on the progress and duration of the works. The traffic generated by the earthworks and construction will likely be spread over several years though for some short time periods the levels of activity are likely to be more intense, however, the surrounding roads are considered adequate to cope with this additional use. Adequate provision can be made through conditions to manage any potential issues in relation to the management of the site, the movement of vehicles on and off the site, the tracking of loose dirt material onto the roads, dust generation, and hours of work. These Road and 3 Popes Road, Takanini Page 29

30 should mitigate any effects on surrounding properties during the earthworks and construction stages. Summary Overall, it is considered that even with proposed conditions, the transportation effects of the development on the road network will be more than minor as the increase in traffic movements is likely to have adverse effects that are more than minor in nature on the railway level crossing on Manuroa Road, the Manuroa Road/Great South Road intersection, the Popes Road/Porchester Road intersection and the Takanini motorway interchange. It is likely that there will be traffic conflicts between users and in particular between the proposed eastwest road and proposed east-west access way with existing users of Reding Street and access ways located on the opposite side of Takanini School Road. Overall parking on the lots is considered suitable for the proposed uses once all lots are fully developed and with appropriate conditions in relation to the use of spaces with the exception of Lot 5. The shortfall of 37 parking spaces for the use of Lot 5 is considered to have more than minor effects especially given that the end use of the retail units is unknown, parking on public roads cannot be relied on, and other variables arising from different activities which generate different parking needs. It is considered that loading arrangements for retail use needs to be re-examined to ensure that clear vehicle access to Lot 5 is maintained at all times as well as sufficient and convenient loading arrangements being provided for retail uses. During the period of earthworks and construction works being undertaken adequate provision can be made through conditions to manage any potential issues in relation to the management of the site, the movement of vehicles on and off the site, the tracking of loose dirt onto the roads, dust generation, and hours of work. Effects on Water Quality/Quantity The site is relatively flat and the area of works is located over 700 metres from the Papakura Stream. The potential silt that may be generated from the site works may, subject to the imposition of conditions requiring adherence to the sediment and erosion standards of Technical Publication 90 Erosion and sediment control guidelines for land disturbing activities in the Auckland Region, as well as be readily contained within the site and prevented from affecting waterways, adjacent properties and public roads. The development site is at the top of an undeveloped portion of the stormwater catchment and as such there are no existing stormwater lines in close proximity to the site except for the open drain along Takanini School Road. A new stormwater drain along the alignment of the open drain and also connecting the upstream existing stormwater network will need to be installed to allow for the adjacent land to drain into it so as to accommodate a 20% AEP storm event in accordance with the catchment management plan for the area. Opus International Consultants are currently undertaking work on behalf of Council for the design of the future stormwater treatment pond adjacent to Papakura Stream and the reticulation up Takanini School Road to this point. While the design has not been finalised there appears to be no reason why the development will not be able to discharge to the Road and 3 Popes Road, Takanini Page 30

31 permanent pond. Levels at the interface will need to be confirmed at engineering plan approval stage if consent is granted. Stormwater Solutions Limited, as the applicant s consultants, have prepared a design for the internal stormwater drainage layout for this development and this includes changes to the overland flow paths as outlined in the notified version of Plan Change 15. There is a proposed overland flow path originating from approximately 110 Manuroa Road (between Takanini School Road and Porchester Road) that will flow along the generally eastern boundary of the site in a south to north direction to the proposed internal road and then in an east to west direction across the site and then out onto Takanini School Road and then in a south to north direction eventually into Papakura Stream via the proposed northern stormwater pond. The plans submitted with the application show this flow path on the adjoining properties (118 Manuroa Road and 296 Porchester Road) while Plan Change 15 shows it within the development site. The applicant does not have written approval from the properties affected by this proposed shift in location of the overland flow path and the proposed position of this overland flow path may affect the use of and future development on the affected properties. It is considered that the overland flow path should be located fully within the application site although this would affect the layout of super Lot 4 and potential dwelling yields in this part of the site. A secondary overland flow path is proposed from the intersection of Manuroa Road and Takanini School Road that will flow from south to north along Takanini School Road and join the rest of the flow as it travels north. This overland flow path impacts on the front yards for the dwellings in super Lot 1 and the car park area at the front of super Lot 5. Both lots have been designed to accommodate the overland flow path but the final detailed design has not been carried out at this stage. The design of the flow path needs to ensure that that the parked cars are out of the flood path and are useable at peak flow times and that appropriate landscaping is provided so that the water flow is not impeded. Both the stormwater reticulation and the overland flow path will need to be designed to eventually extend to the proposed pond at the northern end of Takanini School Road to confirm that the long term solution works. As the exact timing for the construction of this permanent pond by Council is unknown at this stage the application includes an interim solution of a temporary stormwater pond to be located on adjacent land (3 Popes Road) to the north of the subject site that is owned by the applicant. The final design of the temporary pond has not been provided with the application but it is considered appropriate that this pond be designed to be sensitive to the surrounding environment and include appropriate landscaping and safety fencing. Legal mechanisms would need to be provided to ensure the continued management and maintenance of the pond and associated structures. Should consent be granted, it is recommended that an encumbrance or similar is placed on the Certificate of Title for Lot 1 DP being 3 Popes Road (the site of the pond) outlining the requirements for the ongoing maintenance and management of the pond as well as decommissioning. These matters are also to be covered by a cash bond to be held by Council and used if the required maintenance is not carried out by the property owner as well as to ensure that the appropriate connections to the permanent network are made once the Road and 3 Popes Road, Takanini Page 31

32 permanent northern pond becomes available. No consent notices are needed for the new lots being created as the reticulation within the development will be to the final standard. If the proposed overland flow path shown as located on 118 Manuroa Road and 296 Porchester Road are relocated onto the subject site it is considered that the effects on water quality as a result of the completed development are no more than minor. Effects on Natural Landform, Soil Quality and Stability The entire site at 55 Takanini School Road and the area for the temporary stormwater pond at 3 Popes Road are to be subject to site works for the construction of associated infrastructure such as the temporary stormwater pond, private and public roads, car parking areas, access ways, and the installation of services. It is proposed that the earthworks to enable these construction works and to create building platforms will be carried out at the first stage of subdivision. The earthworks will have a maximum depth of cut of 1.8 metres to form road subgrades and 2.4 metres for the pond and the maximum depth of fill is 0.8 metres. A stockpile is also proposed to be located on 3 Popes Road and this will have a maximum height of 2.4 metres. It is presumed that the stockpile would remain until the temporary pond is no longer required and can then be filled in. The site is relatively flat and the area of works is located over 700 metres from the Papakura Stream. The proposed earthworks are not considered to disturb natural landforms, vegetation or result in adverse effects on habitats, or natural areas. The potential silt that may be generated from the site works may, subject to the imposition of conditions requiring adherence to the sediment and erosion standards of Technical Publication 90 Erosion and sediment control guidelines for land disturbing activities in the Auckland Region, be readily contained within the site and prevented from affecting waterways, adjacent properties and public roads. The proposed temporary pond structure is not considered to affect the stability of the site if it is designed to appropriate engineering standards. Council s Development Engineer has also reviewed the application and, subject to the imposition of conditions, is satisfied that the proposed site works can be appropriately engineered to avoid or mitigate any potential adverse effects on the natural environment and land form. Given the peat soil conditions on this site consent conditions similar to those imposed on the nearby Addison and Sunline developments would be required to establish a monitoring methodology to measure ground water and ground settlement changes plus reporting on the current baseline reading report to monitor any changes against. In addition to this, there will need to be a five year monitoring period after the subdivision completion certificate is issued by Council for all the subdivision applications. In this case, Council will need to have a high degree of certainty that there is likely to be minimal ground settlement issues as the developer is likely to have no long term interest in the site and will have moved on before the five year monitoring period is complete. Some of these reports will be required before the engineering plans can be approved in order to confirm that the roading and services designs are satisfactory. Initial pre-construction monitoring on comparable Addison sites has been Road and 3 Popes Road, Takanini Page 32

33 for twelve months so that observations over the cycle of the seasons occur and so that that the average ground water levels can be established. At this point a feasibility study has shown that the area can be built on. Generally Council requires a more detailed report as part of the engineering plan approval to confirm that the developer s proposal can be constructed on the site. This matter will need to be addressed through conditions although it appears that the peat soils here are not as restrictive as elsewhere in the Takanini area (based on the use of light timber frame construction methods only). Sites where tilt slab construction or other heavy wall construction techniques are used will require piling to considerable depths (approx 20 metres) in order to obtain sufficient support for the building. Effects on Neighbourhood Character and External Amenity The proposed development is substantially different in nature to the current use and zoning of the site for rural purposes. Both the District Plan and Plan Change 13 confirm this area for all intents as purposes as rural in the medium term, and as such low density rural living and productive rural activities are anticipated, but identify that it is in an area for future growth subject to further plan changes. The Future Urban zone is designed to ensure that interim uses do not pre-empt future planning for the urban use of the site via subsequent urban plan changes. The plan change allowing for the urbanisation of the site has not progressed to the stage of the hearings commissioners decision being released so while development is anticipated sometime in the future the timing, density, scale and types of such activities are still not determined. The adverse effects on adjoining rural properties in relation to external amenity and rural character are considered more than minor. The development places residential and industrial buildings on or very close to boundaries with land being used for rural purposes and creates a building form which is currently more akin to the surrounding urban zones and not anticipated in an open rural environment or signalled by District and Regional planning instruments operative in this area. The additional traffic, noise and glare created by the development are also considered to have adverse effects on the character expected as part of a rural zoning and the current and potential uses of the adjacent rural properties for permitted activities. For adjacent residential and industrial activities the proposed urban development will compromise the existing open space adjoining them, for those residential properties along Manuroa Road and for those on the opposite side of Takanini School Road to the proposed development. The design of the retail/apartment and live-work blocks fronting onto Takanini School Road and the proposed east-west road are of a density, scale and design of buildings dissimilar to any other in the immediately surrounding area. Even in the wider context of the Addison Development the density style and scale of the development are a step up in intensity. Effects in Relation to Internal Amenity Review of the application on behalf of Council has been undertaken, originally, by Transurban Limited (see Appendix 29) and, more recently, by Chow Hill Architects Limited. Road and 3 Popes Road, Takanini Page 33

34 The Subdivision and Medium Density Design Assessment Criteria for the Residential 8 zone provide a useful guideline for the assessment of the proposed residential development. Such an assessment is contained in Appendix 2. Overall The proposal is for shared green spaces and landscaping but for some residential units the level of amenity created does not appear to be enough to offset the need for suitable private open space. The affected units are further discussed below in the discussion for Lots 1 to 4. The three pocket parks in the residential area are solely for the use of the adjacent residential lots while the residential units in the mixed use part of the development would need to use one of the nearby public reserves for additional outdoor recreation. Two reserves are in walking distance, one on Reding Street and one at the corner of Manuroa Road and Old Park Place, and are considered suitable to provide in part for the recreation needs of the proposed development. This would be further enhanced by the reserve envisioned under Plan Change 15, adjoining the Papakura Stream and within walking distance of the site, if and once it is provided. The application includes detailed landscaping plans for the development. The landscaping plan provides high levels of landscaping along road and access way frontages. While this creates a green feel to the development, changes may need to be made to ensure adequate street lighting can be installed and that the larger trees (especially Totara) will not cause damage or nuisance to buildings and underground services in the long term. Rubbish collection areas and letter boxes have been provided on the site plans to service the development. It is proposed that the properties will be served by a private rubbish collection company instead of the Council service due to the current situation where Council s contactors do not go down private roads. Nevertheless, it can be anticipated that those residents located in close proximity to a public road (Takanini School Road and the proposed road) will most likely use Council s rubbish collection service. Letter boxes are provided for all residential, retail and live-work units and it is intended that the industrial units would have post boxes elsewhere. Appropriate provisions within the structure of the proposed Resident s Societies are required to ensure that ongoing provision of these services is guaranteed. Residential Lots 1 to 4 The density of the proposed residential development is relatively high when compared with many New Zealand urban areas with the average lot area of 187m² being proposed as part of this development. This has the potential to affect the amenity for the occupants in relation to the provision of private open space, service areas, privacy, noise, internal layout of household units, onsite access, parking, manoeuvring and safety as well as the provision of services. The applicant has designed the four residential blocks using the urban design principles of the home zone approach. The intention of the home zone is to shift perception of the local residential streets away from them as a principally vehicular space so that the road space is shared between vehicles, cyclists and pedestrians creating a quieter, safer more attractive home zone where very slow moving traffic can interact with other users of the shared space in a safe manner. Generally, the residential streets become places for people and not just for traffic, with drivers perceiving that they are to give priority to other road users. It is Road and 3 Popes Road, Takanini Page 34

35 considered that the design of the residential development will achieve this to a certain extent but additional measures should be provided. These should encourage residents to fully utilise the home zone area, slow vehicle movements within the lots (approximately 10-15km/hr) and discourage non-residents to enter the residential lots (see below). Feature entry points are provided off Takanini School Road and the proposed road through the centre of the development site. The final choice of materials and height difference in paving used should clearly define that the driver is entering a slow speed residential area but still allow pedestrian access, including access for children, older people and people with disabilities. The internal pavement design, fencing and landscaping is also important to ensure that there is limited definition between property boundaries and pedestrian/cycle/vehicle areas and between pedestrian areas and cycling areas and vehicle areas. Further details would need to be provided to Council through detailed engineering and landscaping plans to verify this if consent were to be granted. The overall layout of the lots and design of the dwellings needs further improvement to provide a streetscape with high amenity and dwellings with adequate private indoor and outdoor living areas, adequate privacy and appropriate daylight and sunlight access. Of particular concern are the design of the Type E corner dwellings on corner Lots 85 and 86 (and to a certain extent the Type H dwellings on Lots 23, 64 and 65) that address one side of the corner but not the other, creating relatively large areas of blank wall and not allowing for surveillance of the streetscape. In addition, windows from one dwelling overlook or looking into another dwelling and there are a high proportion of lots with predominantly south facing private open spaces and south facing main living areas, (specifically Lots 24-34, 51-57, 72-79, and 92-98). Any re-design of dwellings should fully address the streetscape and ensure main bedrooms and living areas do not overlook the private open space of another unit (through such measures as window height and obscured glazing). The areas of private open space for Lots 24-34, 51-57, 72-79, and will receive little sunlight creating limited amenity for the occupants and an undesirable area of private open space. While additional area has been provided adjacent to the eastern side boundaries of these lots, this is not considered wide enough to be a desirable and useable space. While it is inevitable that some units in a large development will have a south facing element, an unacceptably large proportion of this development has compromised living spaces. Additional area should be provided in the northern part of the lots or the lots made wider or the houses made narrower to provide a useable north facing side yard to achieve an area of private open space that has good sunlight access and that would be desirable for the occupants to use on a daily basis (duplex development is another option for improving useable space on a site). The rear lane serving as access to the garages on Lots 1 to 16 has the sleep out/studio units located above the garage which has merit in terms of providing habitable buildings in proximity to the access lane. However, satisfactory opportunities for passive surveillance of the lane is limited by the wall facing on to the lane comprising of two small bedroom windows and a bathroom window. To achieve more meaningful opportunities for surveillance of the lane by occupants of these sleep out/studio units, the principal windows for the room would ideally be located on the wall overlooking the lane and larger in size. Lighting within the street area (including the access lanes) would need to be considered in relation to the proposed landscaping at engineering and landscaping approval stage with Road and 3 Popes Road, Takanini Page 35

36 more details on light spills and tree growth. This is to ensure that the lighting is enough to provide a well lit safe environment for residents without it being blocked by trees or causing a nuisance shining into windows. Mixed Use Lots 5 to 7 It is proposed to develop the northern part of the site for industrial, retail, residential and childcare activities. The mix of industrial, retail and residential activities has the potential to work together subject to adequate control of maximum noise levels between units, hours of operation of the different activities, the provision of parking for each lot (this is further discussed under Transportation Effects above) and the provision of adequate and desirable residential accommodation in the 32 first floor residential apartments of the retail/apartment blocks within Lot 5 and the 26 live-work units across Lots 5, 6 and 7 Lots 5, 6 and 7 have been designed to be independent lots although there are crossovers in relation to access and parking between the lots. In general terms the vehicle access within the lots provides for larger trucks to manoeuvre within the lots and allows for adequate turning space to enter and exit all parking and loading spaces (subject to some redesign for turning which could be addressed through conditions of consent) The position of the childcare centre on Lot 6 raises issues that have not yet been resolved, being: Safety The centre is situated to the rear of the lot surrounded by industrial and livework units. The shared space in the parking and manoeuvring area will be used by a mix of commercial and residential traffic that will necessitate close supervision of the arriving and departing children. Convenience Childcare centres often operate to morning and afternoon peak arrival and departure times which will easily congest all vehicle movement in Lot 6 and 7 at these times. There is also no easy pedestrian access to the centre from the proposed residential area. The childcare centre also provides for a large area of green space which is hidden between buildings and it is considered that this would be more suitable adjacent to the proposed eastwest road to provide added amenity to the streetscape and for the residential dwellings opposite. There is the potential here for a shared space that outside of the childcare hours could provide recreational space for the wider community. The high noise levels generated by children s outdoor play area also make it a noisy neighbour for residents of the adjacent live-work units. The proposed retail and apartment buildings on Lot 5 have been designed to provide a focal point to the development with an emphasis on the entrance to the development off Takanini School Road. The buildings are three storeys at the corner of Takanini School Road and the proposed east-west road and step down to two storeys approximately half way along the buildings. While the concept of providing retail units at ground level can create a lively streetscape (if all retail units are occupied) the building and residential units above still need to be appropriately designed. Proposed Block 2 does not provide for connectivity between the public road and footpath and the parking area at the rear and amenity and connectivity for the occupants (Block 2 entrances to the apartments are only provided from the parking area at the rear). The block is in an east to west direction with Units 2 to 6 fully south facing. These units will receive very little sunlight. Road and 3 Popes Road, Takanini Page 36

37 It is considered that without changes to the design and layout of dwelling units that the effects on amenity for the future occupants of the development are more than minor. Noise Effects The application includes an acoustics assessment by Hegley Acoustic Consultants (HAC) which has been peer reviewed by JP Styles Limited (JP Styles) on behalf of Council. The HAC report proposes noise limits for the various activities proposed on the site, proposes times during which these limits apply, and proposes mitigation where these limits are likely to be breached. JP Styles is in general agreement with the HAC report, except for some of the maximum noise levels recommended on weekends and public holidays. The HAC report recommends noise limits that are considered suitable for the proposed activities and which are considered reasonable maximum noise limits for activities to comply with. While the proposed maximum noise levels are considered suitable by JP Styles for weekdays, the limits are not changed to reflect the performance standards of various zones in the local area where there are reduced noise levels on Saturdays (in some zones only Saturday afternoon), Sundays and public holidays. It is considered appropriate to have reduced noise levels on Saturday afternoons, Sundays and public holidays to ensure a greater amenity for residential and rural areas. The JP Styles review recommends maximum noise levels to achieve greater amenity during Sundays and public holidays, and to allow the proposed industrial activities on Lots 5 to 7 to act as a buffer between residential activities and noisier industrial activities that would develop to the north if Plan Change 15 is approved as notified. This approach is consistent with District Plan requirements under the various zones within the Operative District Plan and Plan Change 13. The noise levels are: Receiving Zone/Activity Noise Limit Day ( ) Night ( ) L AFeq(15min) L AFeq(15min) L AFmax Residential and Rural* Monday to Saturday Residential and Rural* Sundays and Public Holidays Mixed Use Industrial N/A * At the notional boundary of any residential dwelling. The maintenance of these maximum noise levels would also provide for a suitable environment for existing adjacent residential and rural activities. Although it is noted that the types of noise generated by the proposed activities are not typical rural noises that are anticipated for rural zoned sites and it is the rural zone noise levels which would be the expectation of adjacent residents given the current planning regime for the area. The proposed maximum noise levels as outlined above would also ensure amenity is maintained for the different activities within the development. This is particularly critical in the mixed activity areas proposed for Lots 5, 6 and 7 where the applicant proposes different, Road and 3 Popes Road, Takanini Page 37

38 potentially conflicting activities, within the same buildings, live-work units, industrial units in close proximity to live-work units, residential apartments above retail premises, and a childcare centre complete with a potentially noisy outdoor play area. It is important to ensure that internal noise levels create a living environment that is suitable for the occupants of the residential units and suitable for children to sleep and learn in the childcare centre. Maximum internal noise levels are recommended and through suitable building design and building materials are considered achievable. If approval to the applications, the following internal acoustic limits are recommended for the residential units within the retail/apartment blocks and live-work units: i) 35dB L Aeq in bedrooms; and ii) 45dB L Aeq in all other habitable rooms An internal noise limit of 35dB L Aeq is recommended for sleeping and learning rooms associated with the childcare centre. Retail Distribution Effects The development includes a retail centre with a floor area of 2,280m² within two buildings located at the northern corner of the intersection of Takanini School Road and the proposed east-west road. The application provides a retail assessment by Market Economics Limited and this report has been peer reviewed for Council by Speer, Speer & Associates Limited. Both reports conclude that the proposed small neighbourhood retail centre is consistent with the nature of the small retail centre network in Papakura and will serve the convenience needs of the surrounding local area. The effects of the retail centre are considered to be no more than minor to retailing activities in the wider the Papakura and Takanini areas and, in particular, to the three main retail centres of the Papakura town centre, the Southgate Centre on Great South Road and the Conifer Grove shops The exception though is the Manuroa Road shops located approximately 400 metre from the development site for which the effects on the retail activities at this established site are considered to be more than minor in the short term. Nevertheless, it has been concluded that long-term the effects are anticipated to be no more than minor as the surrounding area experiences residential growth, as proposed through Plan Change 15 and the Takanini Structure Plan. It is recommended that to ensure the effects of the retail centre are no more than minor that a maximum floor space of 2,280m² be provided for retail and that no single shop has a floor area of more than 200m² gross floor area as a condition of any consent granted. Reverse Sensitivity Effects Rural activities can have effects which extend beyond site boundaries and may not be able to be completely avoided or mitigated (for example, spray drift, farm machinery noise and odour associated with animals). This could leave the existing rural activities located north and east of the subject site open to complaints from the more sensitive residential activities proposed to be established as part of this development. It is considered that there may be short to medium term reverse sensitivity effects in relation to surrounding rural activities until such time that the area is zoned and developed for urban purposes (particularly the eastern boundary of proposed Lot 4). Road and 3 Popes Road, Takanini Page 38

39 Contamination Effects The application includes a preliminary site investigation report by Focus Environmental Services Limited which assesses the contamination of soil on the site from previous land uses. Investigations conclude that the historical land use of the site for horticultural purposes has resulted in arsenic, copper, lead and organo-chlorine concentrations in the surface soils that are acceptable for the use of the site for residential purposes. There is no evidence to suggest that there was ever a sheep dip on the site or asbestos or asbestos containing materials deposited on the site. It is considered that the site poses no significant risk to human health and no remedial works are required prior to the proposed development proceeding. Effects on Heritage Items and Tangata Whenua The application includes a cultural heritage assessment provided as part of Plan Change 15 by Te Roopu Kaitiaki O Papakura. This report concludes that the area is of high cultural, traditional, historical, environmental and spiritual significance because of the history of Maori settlement, trade and activity within the site and surrounds and the close proximity to the Papakura Stream. While the area is considered significant it is recognised that the development of the area is important to provide for population growth in the South Auckland area and recommends conditions are in place to ensure the well being of the natural environment is maintained to a very high standard. The recommendation includes: Protocol to follow if koiwi (human remains) and/or artefacts are exposed; The use of native vegetation where possible; The opportunity to name streets; To ensure that there are no adverse effects on the Papakura Stream; That karakia (prayer) is provided by Te Roopu Kaitiaki O Papakura prior to any earthworks; and The involvement of Te Roopu Kaitiaki O Papakura with monitoring of the proposed works from a kaitiaki perspective. It is suggested that these recommendations are imposed as part of consent conditions and advisory notes, as appropriate, if consent is granted. Nevertheless, Te Roopu Kaitiaki O Papakura have submitted on the application and are concerned that the design is overly intensive, that the residential area is too close to an industrial area and considers that provision should be made for open stormwater retention and associated plantings for amenity, social and environmental wellbeing. These matters are not only concerns of iwi but general effects of the development which have been assessed above. The application includes an archaeological assessment completed as part of the Plan Change 15 process. The report concludes that the area has no known heritage significance and low archaeological potential. Nevertheless, the report recommends conditions in relation to the process to follow if any sub-surface archaeological evidence is unearthed. Road and 3 Popes Road, Takanini Page 39

40 Summary of Effects Overall, it is considered that even with proposed conditions, the effects of the development on the environment will be more than minor. This conclusion is reached on the combined effects in relation to: The traffic effects of development on the wider road network including on the railway level crossing on Manuroa Road, the Manuroa Road/Great South Road intersection, the Popes Road/Porchester Road intersection, the Manuroa Road/Takanini School Road intersection and the Takanini motorway interchange; The provision of fewer car parking spaces than considered necessary for the residential and retail activities on Lot 5; The design of a number of residential units on Lots 1 to 4 with windows from one dwelling overlook or looking into another dwelling, a high proportion of lots with predominantly south facing private open spaces, and south facing main living areas which provide an unacceptable level of poor amenity for future occupants; The design of dwellings on corner lots that address one side of the corner but not the other, creating large areas of blank wall and not allowing for surveillance of the streetscape; The provision of an overland flow path on the adjoining properties to the east of the development site; and Short to medium term reverse sensitivity effects in relation to surrounding rural activities until such time that the area is zoned and developed for urban purposes (particularly the eastern boundary of proposed Lot 4). Adverse effects on rural character and use of surrounding rural environment. 6.3 Section 104(1)(b)(i) and (ii) Relevant Provisions of National Environmental Standards and Other Regulations There are no NES or other regulations in effect that apply to this application. 6.4 Section 104(1)(b)(iii) Relevant Provisions of National Policy Statements There are no National Policy Statements relevant to this application. 6.5 Section 104(1)(b)(iv) Relevant Provisions of the New Zealand Coastal Policy Statement (NZCPS) The NZCPS is not applicable to this application. 6.6 Section 104(1)(b)(v) Relevant Provisions of the Auckland Regional Policy Statement The Auckland Regional Policy Statement ("ARPS") is a strategic document which sets out the direction of managing the use, development and protection of the natural and physical resources of the Auckland region. This document became operative in 1999 but is subject to several changes at various stages in the statutory process. The strategic objectives and policies of the ARPS provide a framework to achieve the integrated, consistent and co-ordinated management of the Region s resources. Under the ARPS, matters related to environmental protection, such as the coastal environment, water quality, water conservation and allocation and air quality have specific Road and 3 Popes Road, Takanini Page 40

41 objectives, policies and methods to achieve sustainable and integrated management of major natural and physical resources in the Region. In 2005, the Auckland Regional Council ("ARC") publicly notified Proposed Change 6, in response to the Local Government Auckland Amendment Act 2004 ("LGAAA") which sought to amend, amongst other things, the regional overview and strategic direction of the ARPS and mainly consisted of changes to Chapter 2 (Regional Overview and Direction) and Chapter 4 (Transport). These amendments sought to codify the growth and transport strategies that had been promulgated and agreed to in the Regional Growth Strategy and the associated Sector Agreements. As of August 2011, there are no appeals remaining to Proposed Change 6 and it is beyond challenge. Change 6 is now in the process of being made operative. Given the stage in the statutory process that Proposed Change 6 is at, it is considered that substantial weighting should be given to the decision version of Change 6 although the proposal must also be assessed against the operative policy statement. In addition, the ARC publicly notified Proposed Change 14 to the ARPS with hearings to be undertaken in conjunction with those for Plan Change 15 to the Papakura Section of the District Plan. This change to the ARPS relates to the Extension to the Metropolitan Urban Limits at Takanini in relation to Takanini Structure Plan Areas 6A and 6B. No decisions as a result of the hearings held have yet been released. The relevant provisions of the ARPS and notified changes to the document have been considered and it is concluded the proposal is inconsistent with the ARPS. The subject property is located outside the Metropolitan Urban Limits (MUL) which is located on the opposite side of Takanini School Road to the west and along Manuroa Road and adjoining Residential 1 zone properties to the south. Of particular relevance is the strategic policy which seeks to constrain urban development within the existing defined MUL. Whilst an application to amend the MUL as part of Change 6 to the RPS has been notified, little weight can be applied to the provisions of this document. The Strategic Objectives set out in Part of Change 6 together with the six Strategic Policies of urban containment, urban structure, urban design, land use and transportation integration, infrastructure, and rural areas are particularly relevant to this application. The abovementioned objectives and policies emphasise the need to manage the subdivision of rural land so that any adverse effects on rural character and amenity are avoided and that the ability of rural resources to continue to be available for the needs of future generations are maintained. Whilst there is acknowledgement that there are instances where some exceptions to the restriction on expansion of urban activities outside of the MUL is listed, it is considered, on balance, that the exception tests are not able to be met. The conclusion is, thus, that the proposed subdivision and development is not in accordance with these relevant objectives and policies. Road and 3 Popes Road, Takanini Page 41

42 6.7 Section 104(1)(b)(vi) Relevant Provisions of the Relevant Regional/District Plan(s) Objectives, Policies and Rules The Plans applying to this proposal are set out in section 4.1 above Weighting of Proposed Plan Changes 13 and 15 The RMA requires that before a Proposed Plan Change becomes operative, any resource consent application is considered in terms of the provisions of both the Operative Plan and the Proposed Plan Change. The matters for which resource consent is required, in terms of the Operative District Plan and the Proposed Plan Changes have been outlined in section 4.1 of this report. With regard to the assessment of an application for resource consent and the decision making process, where an application is being assessed under both the Operative District Plan and the Proposed Plan Change, it is standard practice to establish a weighting of the Plans. Based on case law, more weight should be placed on the provisions of the Operative District Plan until such time as the Proposed Plan Change has made sufficient advances through the public notification and hearing process that a governing degree of weight can be placed on its controls. The weighting applicable to Plan Changes 13 and 15 respectively has been discussed above in section 4.1 of this report Relevant Objectives and Policies The relevant objectives and policies are outlined and assessed in Appendix 3 to this report. Operative District Plan The objectives and policies of the Operative District Plan which have been considered relate to the Takanini Structure Plan Area and the rural area. Whilst the application results in urban development of a general context, scale and intensity anticipated by the objectives and policies of the Takanini Structure Plan area it is nonetheless considered to be contrary to the entire structure plan process as it represents pre-empted development done without the benefit of due planning process. Until Regional planning procedures associated with the MUL shift and District Plan planning procedure associated with the establishment of urban zoning across the structure plan area are complete the proposed development is considered premature. It is considered that the application does not satisfy the objectives and policies for the rural zones as expressed in the District Plan, in particular: The proposal is for urban development and subdivision of rural land prior to zoning for planned urban development and which is able to be provided for within urban areas through the appropriate zone rules and not the rural area; The proposed urban development does not achieve primary production or the efficient use of and development of the rural land for rural purposes; and Road and 3 Popes Road, Takanini Page 42

43 The adverse effects associated with the development are inconsistent with those effects generated by typical rural activities. In summary, the proposed development is considered to be contrary to the objectives and policies of the District Plan. Plan Change 13 The proposed urban development is not provided for by the objectives and policies for the rural area and in particular for development in the Future Urban zone under Plan Change 13 which are directed towards the prevention of premature urban development before an urban zoning regime has been established for the area. Whilst the proposal is consistent with the broad objectives of the Takanini Structure Plan insomuch as it provides for a change from rural to urban uses as identified for the 6a and 6b areas, it is contrary to the whole structure plan approach by promoting piecemeal development without the consideration for the appropriate urban rezoning process. The site is located outside of the Metropolitan Urban Limits and the proposal precedes the release of the site and surrounding greenfields land (through required plan changes) for urban development. The development is not considered to maintain the existing rural character and amenity of the subject site and surrounding rural properties or provide a suitable interim use for the site until the eventual urban zoning design for the site and the balance of structure plan areas 6a and 6b is resolved. In conclusion, the proposed development is considered to be inconsistent to the objectives and policies of Plan Change 13. Plan Change 15 With regard to Plan Change 15, the proposal displays elements of consistency and inconsistency with the objectives and policies for the structure plan area which is the subject of this plan change in that: the proposal represents development and subdivision of rural land for urban activities and to urban densities ahead of the re-zoning process being satisfactorily advanced. medium density residential development is proposed, however, an appropriate level of on-site amenity (in terms of privacy, sunlight and daylight access, and appropriate design of private open space) cannot be achieved on many of the lots; elements of good street design to achieve shared spaces for pedestrians, cyclists and vehicles have been demonstrated for the residential portion of the application, however, no public open space or linkages to the like have been provided; provision is made for industrial units as is envisaged under the plan change together with small scale retailing activities, however, there is a general shortfall of parking for the proposed mixed use development and this shortfall is considered significant if measures are not put in place to ensure the availability of parking for other users, and that shared loading and parking bays are properly shared and not used exclusively for parking or loading; and the development of the land at 55 Takanini School as proposed lacks many of the expected details as to how such development is co-ordinated with adjacent land and the effects upon such adjacent land. Road and 3 Popes Road, Takanini Page 43

44 In conclusion, the proposed development is considered to be inconsistent to the objectives and policies of Plan Change 15. Other Plan Changes Plan Changes 10, 11 and 12 proposed changes to the objectives and policies of Section 1, Part 5, 5B.2 Takanini Structure Plan. These objectives and policies are the relatively the same as those addressed under the comments relating to the District Plan above which the proposed development does not fully satisfy Relevant Rules An assessment of the proposal against the District Plan and Plan Change 13 rules has been undertaken in Appendix 1. Non-compliance with many of the rules has been noted. As an urban development of rural zoned land under these documents, it is concluded that the relevant performance and development standards set out in the rules lack meaningful application to this proposal. The rules of Plan Change 15 have no legal effect at this stage of the plan change process and are not assessed as part of this application. The assessment criteria for the Residential 8 zone are assessed in Appendix 2 to this report to provide a guideline to the anticipated outcomes for medium density development in the Takanini area. It is clear that the proposed development does not meet many of the design criteria resulting: in poor residential amenity relating to provision of good solar access due to the main living areas being located on the southern side of the dwelling; low quality private outdoor living spaces lacking privacy; limited solar access to private open space areas due to their location on the southern side of the dwelling; hazards arising from the car parking proposed layout for the northern side of the eastwest road requiring vehicles to reverse over the centre of the road from the proposed angle car parking spaces; and limited numbers of on-site visitor car parking spaces within the residential development. 6.8 Section 104(1)(c): Any Other Matters Considered Relevant and Reasonably Necessary to Determine the Application Section 104(1)(c) requires that any other matter the consent authority considers relevant and reasonably necessary to determine the application be considered Submissions All of the submissions received by Council in the processing of this application have been reviewed and considered in the overall assessment of effects in this report. Council s specialists have also reviewed the relevant submissions as required and incorporated comments into their assessments accordingly. The submissions made by the Auckland Regional Council and Manukau City Council were made by local government organisations which now form part of the Auckland Council. These submissions have not been withdrawn and will remain part of the application for consideration but no persons will speak specifically at the hearing in relation to them. The Road and 3 Popes Road, Takanini Page 44

45 matters expressed in these submissions have been incorporated into this report as appropriate. In relation the submission from New Zealand Fire Service Commission, the matters raised can be addressed through conditions of consent and ensuring that the proposed development satisfies Papakura District Council Development Code and the New Zealand Fire Service Fire Fighting Water Supplies Code of Practice SNZ PAS 4509:2008 through the engineering plan approval process. This will ensure that the fire service have access to the site and access to water in the event of fire. All other relevant matters raised in the submissions received by Council in relation to this application have been considered and addressed elsewhere in this report Monitoring If a resource consent is granted Council may impose conditions to offset any adverse effects associated with the land use. In addition, Council is required to monitor the exercise of resource consents under section 35 of the Act and can charge the consent holder under section 36 in order to carry out monitoring functions. The amount that can be charged is based on actual and reasonable costs associated with monitoring and covers such tasks as site inspections, carrying out tests and administration. If consent is granted a number of conditions will require the submission of further engineering and building design plans for approval by Council staff before any work commences. The main components of this consent will require monitoring to ensure that the works on-site and on the surrounding road reserve are carried out in accordance with the approved plans and engineering plans and that activities are carried out in accordance with conditions of consent. Pursuant to section 36 of the Act, a monitoring fee of $1160 is recommended, based on an estimate of Council staff time for undertaking the monitoring tasks mentioned above (this figure is for ten inspection hours in relation to resource consent conditions). Further amounts may be charged if this does not cover the time involved Local Government Act 2002 Development Contributions Under the Local Government Act 2002, Councils are permitted to take development contributions towards the costs that capital growth imposes on the community. The financial contribution policy of the Council s Long Term Council Community Plan incorporates a development contribution based on the capital expenditure for infrastructure and community facilities for that ten year period. The payment of development contributions is required at the earliest of either the time of uplifting the completion certificate for each stage of subdivision or prior to the release of the Code Compliance Certificate for any building consent for the development. There is a proposed trunk stormwater system and treatment pond that will be paid for by the land owners of area 6A and 6B and at this stage preliminary costings have been prepared for these works. These will need to be taken to some form of consultation before the development levies are finalised as the current levies do not take into account these works. A condition of consent will be required stating that evidence of payment of the required development contribution (when it is assessed). Road and 3 Popes Road, Takanini Page 45

46 6.8.4 Financial contributions While the proposal is located on land that is zoned rural, the application is outside of the scope of activities and subdivision provided for and assessed in the rural section of the District Plan. It is considered appropriate to levy reserve contributions in line with the rules for reserve contributions in the urban zones for the small lots and in line with the rural rules for the seven super lots (based on a curtilage area of 2000m² for each lot and noting that one household unit is permitted). The proposed development will generate additional demand for reserve facilities in the surrounding area to meet the needs of owners/occupiers of each lot. The application does not provide for any public recreation reserves to vest on Council. Reserve contributions should be levied as follows: 1. Subdivision consent LU10004 The contribution will be levied at a maximum rate equivalent to 6 percent of the market value of a notional lot of 2,000m 2 situated within each additional lot in the subdivision, Lots 1-6. The market value will be assessed at the time of applying to Council for Survey Plan approval or prior if requested by the applicant. 2. Subdivision consents LU10002, LU10003, LU10005, LU10006 The contribution will be levied at 6 percent of the value of each additional allotment. The market value will be assessed at the time of applying to Council for 223 approval or prior if requested by the applicant. 3. Additional household units - Where additional household units are to be located on an allotment or parcel of land a reserve contribution shall be assessed as the value of six percent of the value of the allotment or parcel of land on which the proposed household unit(s) is to be located. In circumstances where no parcel of land can be specifically linked to a household unit (such as in the case for the above garage units) a notional area of land shall be valued. The value of any notional area shall be calculated by dividing the total area of the allotment by the number of units to be built. This levy should be assessed and paid prior to the start of construction works on the lots with additional household units, Lots 1, 8, 9, 16, 97, and Road widening The road widening proposed along Takanini School Road will create an additional width of road reserve to be vested in Council. Compensation for this land will be subject to negotiation based on effects outside of the subdivision generated by Plan Change 15 approval (if approved). It is noted presently that the need for the road widening is attributed to the effects of the subdivision rather than wider District requirements Subdivision staging The subdivision applications relate directly to the proposed land use consent application and the development of 55 Takanini School Road for residential, retail, industrial and childcare activities. The subdivision applications propose up to nine stages of development although the order of staging and timing of each stage are unclear in the application documents. Although in general terms the large super lots will be created first and these will be further subdivided at a later stage to create titles for the individual units to be constructed on each lot. Road and 3 Popes Road, Takanini Page 46

47 The first stage of the development is Stage One of LU10004 in which the first two super lots (Lots 1 and 5), Road to Vest Lots 8 and 10, and easements over Stage One and Two are created adjoining Takanini School Road. The first stage of development would also require the installation of services for the entire development to ensure that the Road to Vest does not need to be reworked as a result of the development of the Stage Two super lots to the rear of Stage One. Lots 1 and 5 could be further subdivided and developed prior to the subdivision of the Stage Two super lots. The second stage of the development is Stage Two of LU10004 in which the remaining super lots (Lots 2, 3, 4, 6 and 7), and Road to Vest Lot 9 are created. The super lots are unable to be further developed until the subdivision of Stage Two is complete. Beyond the creation of the super lots the applicant has no fixed ideas with regard to the order and timing of the construction of buildings and related further subdivision of the super lots, staged development is contemplated but which stages will be developed when will be entirely market driven. This does not provide for the usual outcome of staged development in which there is a logical pattern and flow of development and could result in one or more of the large lots being developed while others are left vacant for an unknown period of time. The effects of not having clear stages of developments are considered to be problematic due to the uncertainty this could create for future owners of the smaller lots. For example, Lots 1 and 4 could be developed with vacant land (Lots 2 and 3) in between. Uncertainties over short to medium aesthetics of vacant ill kempt development sites and potential lack of continuity in design/construction/landscaping and general appearance between different stages may arise and such a situation may be exacerbated if the super lots are sold to different owners resulting in different timetables and styles of development Resident s Societies The applications propose a variety of legal mechanisms to provide for the subdivision and ongoing management of each of the super lots within the development. The proposed freehold titling of the lots creates complexities in relation to the provision of services and access to other lots within each block and also access between blocks. The plans provided with the application outline a number of easements over each proposed title and more will be required once services are installed underground, between buildings and within buildings. This creates titles for future owners that will be complicated to understand and the proposed title arrangements and Resident s Societies set up to ensure the ongoing management of the developments must be structured so that the complexities of each lot are fully understood and appropriately managed. It is important that appropriate legal mechanisms are provided to ensure that the all of the individual lot owners become and remain members of the Resident s Society and that all the constitution rules and bylaws of the societies are determined from the outset and approved by Council. This is especially important to ensure that connections between lots, landscaping and services (such as rubbish collection) are adequately provided for in the long term. These have not yet been clearly defined as to their number or exact structure. For the residential lots created from the super lots, being Lots 1 to 4, the establishment of separate Resident s Societies rather than one society over all lots also creates long term management and maintenance uncertainties and the risk of dislocation of purpose and action Road and 3 Popes Road, Takanini Page 47

48 between the four societies which are independent of each other. For this reason it is recommended that there is one society for all four lots to obviate the problems that four societies would create. This society will have ownership of the access lots as well as have a maintenance and administration role for the common areas within the subdivision. Encumbrances registered on the individual Certificates of Title are necessary to require all property owners to be part of the Resident s Society. 6.9 Section 106 Consent authority may refuse subdivision consent in certain circumstances. It is considered that resource consent may be granted to the subdivision applications as, while the land and structures on the land have the potential to be subject to material damage by subsidence or inundation, conditions of consent can ensure that the effects of such are avoided remedied or mitigated. Sufficient provision has been made for legal and physical access to each allotment created by the subdivision Section 104D Particular restrictions for Non-Complying Activities Pursuant to section 104D of the RMA if a proposal is a non-complying activity then it must pass at least one of the tests of either section 104D(1)(a) or section 104D(1)(b) before an application can be assessed to make a decision under section 104B of the RMA. If the application fails both tests of section 104D then the application must be declined. It is considered that the proposal is unable to satisfy the threshold test of section 104D of the Act because the adverse effects proposed to be avoided, remedied or mitigated are more than minor when taken as a whole and the proposal is considered to be contrary to the objectives and policies of Auckland Council District Plan (Papakura Section) and associated notified plan changes also when taken as a whole Consideration of Part 2 (Purpose and Principles) of the RMA Section 5 in Part 2 identifies the purpose of the RMA as being the sustainable management of natural and physical resources. This means managing the use of natural and physical resources in a way that enables people and communities to provide for their social, cultural and economic well-being while sustaining those resources for future generations, protecting the life supporting capacity of ecosystems, and avoiding, remedying or mitigating adverse effects on the environment. In the context of this proposal, the natural and physical resources to be sustainably managed involve the efficient and effective future use of the land resource, the mixture of rural, residential and industrial properties surrounding the site, the safe and efficient management of the road and other infrastructure networks, and ensuring the continuation of the role, vibrancy and viability of Central Business Area and smaller retail areas together with meeting the social and economic needs of the community in an effective and efficient manner. Section 6 of the Act sets out a number of matters of national importance which need to be recognised and provided for, and includes among other things and in no order of priority, the protection of outstanding natural features and landscapes, the protection of areas of Road and 3 Popes Road, Takanini Page 48

49 significant indigenous vegetation and significant habitats of indigenous fauna, and the protection of historic heritage. Section 7 identifies a number of other matters to be given particular regard by a council in the consideration of any assessment for resource consent, and includes the efficient use of natural and physical resources, and the maintenance and enhancement of amenity values. Section 8 requires a council to take into account the principles of the Treaty of Waitangi. Overall the application is not considered to meet the relevant provisions of Part 2 of the RMA as the proposal does not achieve the purpose of the RMA being sustainable management of natural and physical resources. The effects of the proposal on the natural and physical resources of the site and surrounding area are assessed in section 6.2 of this report and overall the adverse effects are considered to be more than minor. It is considered that the proposed development does not fully achieve the promotion of sustainable management, particularly in regard to the overall amenity created for the surrounding neighbourhood and for future occupants of the development Lapsing of Consent If consent is granted, section 125 of the RMA provides that if a resource consent is not given effect to within five years of the date of the commencement (or any other time as specified) it automatically lapses unless the consent authority has granted an extension. In this case, it is considered five years is an appropriate period for the consent holder to implement the consent due to the nature and scale of the proposal Review of Consent Conditions If consent is granted, section 128 of the RMA provides for the Council to review the conditions of a resource consent at any time specified for that purpose in the consent. A consent may specify a time for review of the conditions of a consent for the following purposes. to deal with any adverse effects on the environment, in particular in relation to car parking, provision of loading spaces, traffic generation, and geotechnical (including ground water and ground settlement changes) which may arise from the exercise of consent and which are appropriate to deal with at a later stage, or to require the consent holder to adopt the best practicable option to remove or reduce any adverse effect on the environment, or to deal with any other adverse effect on the environment on which the exercise of the consent may have any influence. It is suggested that the consent authority may review the conditions of this resource consent within a year of granting resource consent and in the month of November yearly thereafter for a period of ten years. Road and 3 Popes Road, Takanini Page 49

50 6.14 Conclusion Overall, it is considered that the proposal is an inappropriate development for this site for which the adverse effects on the environment are considered to be more than minor. These adverse effects particularly relate to: The transportation effects of the development on the wider road network including on the railway level crossing on Manuroa Road, the Manuroa Road/Great South Road intersection, the Popes Road/Porchester Road intersection, the Manuroa Road/Takanini School Road intersection and the Takanini motorway interchange. The provision of fewer car parking spaces than considered necessary for the residential and retail activities on Lot 5. The design of a number of residential units on Lots 1 to 4 with windows from one dwelling overlooking or looking into another dwelling, a high proportion of lots with predominantly south facing private open spaces, and south facing main living areas which provide unacceptably poor levels of amenity for future occupants. The design of dwellings on corner lots that address one side of the corner but not the other, creating large areas of blank wall for some of the industrial units facing other properties, and not allowing for surveillance of the streetscape. The provision of an overland flow path on the adjoining properties to the east of the development site. Short to medium term reverse sensitivity effects in relation to surrounding rural activities until such time that the area is re-zoned and developed for urban purposes (particularly the eastern boundary of proposed Lot 4). The application is contrary to the objectives and policies of the Operative District Plan, in particular: The proposal is for urban development and subdivision of rural land preceding zoning for planned urban development and is envisioned within urban areas through the appropriate zone rules and not the rural area. The proposed urban development does not achieve primary production or the efficient use of and development of the rural land for rural purposes. The adverse effects associated with the development are inconsistent with those effects generated by typical rural activities. Furthermore, the proposal is inconsistent with the objectives and policies of Plan Changes 13 and 15. The proposed urban development is not in accordance with the objectives, policies, and rules for the rural area under Plan Change 13 and in particular for development in the Future Urban zone which are directed towards the prevention of premature urban development before an urban zoning regime has been established for the area. In addition, the application is not considered to result in the co-ordinated subdivision and development of Takanini Structure Plan Area 6 for industrial purposes as the application pre-empts decisions on Plan Change 15 which would zone the area for industrial activities and determine the vision for industrial development in the area. The proposed development is not considered to be fully compliant with the assessment criteria for the Residential 8 zone proposed under Plan Change 15, in particular relating to achieving good on-site amenity in terms of privacy, sunlight and daylight access, and appropriate design of private open space. It is considered that the subdivision and development of the properties for urban development would result in premature changes to the rural character of the area and encourage piecemeal development that would potentially hinder the orderly, efficient and Road and 3 Popes Road, Takanini Page 50

51 most effective development of the wider Takanini Structure Plan 6a and 6b areas via a properly considered urban rezoning process. The proposed development is not in accordance with the objectives and policies of the Auckland Regional Policy Statement. 7.0 RECOMMENDATION AND CONDITIONS 7.1 Recommendation 1 Subject to new or contrary evidence being presented at the hearing, it is recommended that pursuant to sections 37 and 37A of the RMA, the time limit for the receipt of submissions be waived to accept the late submission(s) of Mellviews Limited and Zabeel Investments Limited for the following reasons: These submissions do not raise any further issues that have not been covered by other submitters, thus are not introducing new material at a late stage of proceedings. There will be negligible impact upon the interests of any persons, including the applicant, as a result of granting this time waiver. It is considered that granting a waiver will be consistent with the participatory intention of the Act. 7.2 Recommendation 2 Subject to new or contrary evidence being presented at the hearing, it is recommended that pursuant to sections 104, 104B, 104D, 106 and 108 of the RMA, consent is refused to the non-complying activity application by Takanini Industrial Limited to undertake a comprehensive residential and mixed use development which includes the construction of a temporary storm water detention pond with five subdivision consent applications to provide for separate stages of development at 55 Takanini School Road and 3 Popes Road, Takanini being Lot 1 DP (CFR ) and Lot 2 DP (CFR ) (Consent Application numbers LU9629, LU10002, LU10003, LU10004, LU10005, and LU10006) The reasons for this decision are as follows: a) In terms of section 104(1)(a) of the Resource Management Act 1991, the adverse effects on the environment are considered to be more than minor because of: The transportation effects of the development on the wider road network including on the railway level crossing on Manuroa Road, the Manuroa Road/Great South Road intersection, the Popes Road/Porchester Road intersection, the Manuroa Road/Takanini School Road intersection and the Takanini motorway interchange. The provision of fewer car parking spaces than considered necessary for the residential and retail activities on Lot 5. The design of a number of residential units on Lots 1 to 4 with windows from one dwelling overlooking or looking into another dwelling, a high proportion of lots with predominantly south facing private open spaces, and south facing main living areas which provide unacceptable poor levels of amenity for future occupants. Road and 3 Popes Road, Takanini Page 51

52 The design of dwellings on corner lots that address one side of the corner but not the other, creating large areas of blank wall for some of the industrial units facing other properties, and not allowing for surveillance of the streetscape. Short to medium term reverse sensitivity effects in relation to surrounding rural activities until such time that the area is re-zoned and developed for urban purposes (particularly the eastern boundary of proposed Lot 4). Adverse effects on rural character and use of surrounding rural environment. b) In terms of section 104(1)(b)(v) of the Resource Management Act 1991, the proposal is inconsistent with the relevant provisions of the Auckland Regional Policy Statement as the proposed urban development is outside the Metropolitan Urban Limits and the decisions on any plan changes in relation to urban development in the 6a and 6b Takanini Structure Plan areas have not yet been made. c) In terms of section 104(1)(b)(vi) of the Resource Management Act 1991, the application is contrary to the objectives and policies of the Operative District Plan as: The proposal is for urban development and subdivision of rural land preceding zoning for planned urban development and which is envisaged within urban areas through the appropriate zone rules and not the rural area. The proposed urban development does not achieve primary production or the efficient use of and development of the rural land for rural purposes. The adverse effects associated with the development are inconsistent with those effects generated by typical rural activities. d) The proposal is inconsistent with the objectives and policies of Plan Changes 13 and 15 to the Auckland Council District Plan (Papakura Section). The proposed urban development is not in accordance with the objectives, policies, and rules for the rural area under Plan Change 13 and in particular for development in the Future Urban zone which are directed towards the prevention of premature urban development before an urban zoning regime has been established for the area. In addition, the application is not considered to result in the co-ordinated subdivision and development of Takanini Structure Plan Area 6 for industrial and residential purposes as the application preempts decisions on Plan Change 15. e) It is considered that the proposal is unable to satisfy the threshold test of section 104D of the Resource Management Act 1991 because the adverse effects proposed to be avoided, remedied or mitigated are more than minor when taken as a whole and the proposal is considered to be contrary to the objectives and policies of Auckland Council District Plan (Papakura Section) and associated notified plan changes also when taken as a whole. As the application fails both tests of section 104D of the Resource Management Act 1991 then the application must be declined. f) Overall the application is not considered to meet the relevant provisions of Part 2 of the RMA as the proposal does not achieve the purpose of the Resource Management Act 1991 being sustainable management of natural and physical resources. Road and 3 Popes Road, Takanini Page 52

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