Longreach Developments Limited

Transcription

1 1 APPLICATION FOR RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 TO: THAMES COROMANDEL DISTRICT COUNCIL Longreach Developments Limited c/- Brown and Company, PO Box , Auckland Mail Centre, Auckland, applies for the resource consent described below: 1. The names and addresses of the owner and occupier (other than the applicant) of any land to which the application relates are as follows: The owner of the land is The New Zealand Guardian Trust Company Limited as Trustee of the Frederick George Harsant Estate. There are no occupiers. 2. The land to which the application relates is: The property is located at 60 Charles Green Drive, Cooks Beach, and comprises an area of 524m 2. The site is zoned Coastal Village under the Operative District Plan, and Coastal Living under the Proposed District Plan. It forms part of a larger area of land which is in a single title being part of the land described. The land is legally described as part Lot 1 Deposited Plan , in Computer Freehold Register identifier The certificate of title is attached, marked C. The total area of Lot 1 is ha, and the application relates to the part of Lot 1 located adjacent to and bordering Charles Green Drive, having an area of 524m 2. It is hereafter referred to as Part Lot 1. A copy of the Computer Freehold Register, two relevant pages of Deposited Plan , Consent Notice and Encumbrance are attached and marked C. 3. The type of resource consent sought is as follows: Land Use Consent 4. A description of the activity to which the application relates is: The applicant seeks land use consent to form an access road off Charles Green Drive through the subject site to the balance land in Lot 1 Deposited Plan (hereafter referred to as 620 Purangi Road ). The road will be utilised by the future residential development at 620 Purangi Road, in accordance with the Operative District Plan - Cooks Beach, Purangi Road Structure Plan (Structure Plan). The site does not form part of the Structure Plan, therefore the proposed access road is required in order to comply with the Structure Plan Diagram A where a line is shown on the Structure Plan as a possible linkage through to Charles Green Drive.

2 2 The proposed access road is shown in the plans prepared by Baxter Design Group (BDG), attached, marked D, and is described in detail in the Assessment of Effects on the Environment attached, marked A, and the supporting documentation which form an integral part of that assessment. Earthworks will be required as part of the road formation. A total volume of 520m 3 will be undertaken over the entire site. 5. The following additional resource consents are required in relation to this proposal and have or have not been applied for: The proposed activity will not result in any additional resource consents being required as part of this application. 6. I attach, in accordance with the Fourth Schedule of the Resource Management Act 1991, an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment. The Assessment of Effects on the Environment is attached and marked A. 7. I attach information required to be included in this application by the district plan, and Resource Management Act A list of attachments to the application is provided below. 8. Where the application is for subdivision consent. The application is not for subdivision.

3 3... for Brown & Company Planning Group Limited on behalf of Longreach Developments Limited 23 January Address for service of applicant: Longreach Developments Limited C/- Brown & Company Planning Group Ltd PO Box AUCKLAND Attention: Jeff Brown Telephone: Mobile: jeff@brownandcompany.co.nz Address for invoices: Longreach Developments Limited PO Box Auckland 1143 Attention: Oliver Leighs telephone mobile oliver.leighs@wintonpartners.co.nz

4 4 Annexures: A B C D E F G An Assessment of Effects on the Environment in accordance with the Fourth Schedule to the Act Location Plan Certificate of Titles, Consent Notice and Relevant Encumbrances Proposed Entrance Sketch, Landscape and Entrance Detail Plans prepared by Baxter Design Group Traffic Impact Assessment prepared by Traffic Planning Consultants Limited Noise Assessment prepared by Marshall Day Acoustics Limited Landscape Master Plan of Subdivision prepared by Baxter Design Group

5 5 A FOURTH SCHEDULE ASSESSMENT OF EFFECTS ON THE ENVIRONMENT 1. A description of the proposal 1.1 Scope of this Document This Assessment of Effects on the Environment ( AEE ) is submitted in fulfilment of the applicant s duties under the Resource Management Act 1991 ( RMA ). The AEE addresses matters relating to this land use consent application to the Thames Coromandel District Council ( TCDC or the Council ) for the proposal. This AEE has been prepared in accordance with the requirements of section 88 and the Fourth Schedule of the RMA and provides all information necessary for a full understanding of the proposal and the effects it will have on the environment. To this end, the AEE contains the following information: A description of the site and surrounding locality; A description of the proposed land use consent, specifically the design and construction of the proposed road, and relevant noise assessment; Relevant provisions of TCDC s operative District Plan; An assessment of effects, in the context of the Act, provisions of the District Plan and assessment matters for subdivision consent. 1.2 Site Description The land is legally described as Part Lot 1 Deposited Plan It is held in Computer Freehold Register identifier The certificate of title is attached, marked C. The total area of Lot 1 is ha, and the application relates to the part of Lot 1 located adjacent to and bordering Charles Green Drive, having an area of 524m 2. It is hereafter referred to as Part Lot 1. Part Lot 1 is unusually shaped in that it has splayed corners where it adjoins Charles Green Drive, indicative of the intention that it be used as a road linking Charles Green Drive to the zoned residential land to the immediate south. Part Lot 1 is located at 60 Charles Green Drive, and is located off the westbound section of that road. Charles Green Drive forms the northern boundary of Part Lot 1, while the site adjoining the east and west boundaries contain residential dwellings. The southern boundary of the site aligns with an open pastoral land at 620 Purangi Road which is currently used in part for grazing cattle, and is zoned under the Operative District Plan Coastal Village, but is subject to the Cooks Beach, Purangi Road Structure Plan under which residential subdivision is a controlled activity. Part Lot 1 is a vacant parcel of land which gently rises up from the road to a level flat area of land. No vehicle crossing has been established, but access from the site onto this road is

6 6 available. Surrounding titles to the north, east and west contain low density residential properties with a similar land area as the subject site. The Cooks Beach Village is located to the north, containing low density residential properties and holiday homes, and runs the entire length towards Purangi Road where it joins near to the Resolution Drive intersection. Purangi Road is the main access into Cooks Beach from the south. Encumbrance is registered on the subject site which states that the land is not used for any other purpose than the construction of a road. 1.3 Site History By way of background, in 2008 the Council acquired Part Lot 1 and then requested an encumbrance on the title requiring that when the adjoining land (620 Purangi Road) is subdivided, the land (Part Lot 1) must be constructed for the purpose of a public road. The encumbrance future proofed the land so that access could be created from the adjoining land subject to the Structure Plan to Charles Green Drive. The Structure Plan Diagram A within the Operative District Plan shows a line leading from the Structure Plan area to Charles Green Drive. Diagram A generally shows indicative roading locations within the site, with possible connections onto adjoining road networks. The line through Part Lot 1 indicates that a road connection would cross Part Lot 1 to Charles Green Drive. The registered encumbrance requiring that Part Lot 1 be used for the formation of an access road gives effect to this intention indicated in the Structure Plan. 1.4 The Proposal Land use consent is sought to construct a proposed road access through Part Lot 1 to provide access to a future residential development within the adjacent land at 620 Purangi Road. The design of amenity planting for the proposed access road has been undertaken by Baxter Design Group (BDG). The BDG plans include the proposed lot and roading layout, location of amenity planting and pedestrian accesses, all attached as D. The proposed access road will intersect Charles Green Drive approximately 100 metres east of Hawk Hill Crescent where the road is straight and generally flat. The proposed carriageway width within the access road is 7.4 metres which will accommodate two way traffic flow. A Traffic Impact Assessment has been prepared by TPC Traffic Planning Consultants Limited attached and marked E, with respect to the access off Charles Green Drive onto the proposed access road, and through the proposed residential development to Purangi Road. The proposed landscaping at the Charles Green Drive entrance is shown on the proposed plan Charles Green Drive Entry Planting by BDG (D). Low planting comprising a mixture of native grasses and flaxes, and a row of pohutakawa trees will be established at the entrance point. The entrance treatment is shown on the proposed plan Charles Green Drive Entry Details by BDG (D). The entrance will consist of a concrete slab with exposed aggregate to provide a different road treatment to indicate to drivers that they are approaching an intersection and/or entering a lower speed environment. Timber bollards measuring 1.2 metres in height will be placed within the landscaping area to further define the entrance point. Proposed landscaping and entrance treatments are shown on the plans prepared by BDG attached and marked D. A traffic noise assessment has been prepared by Marshall Day Acoustics with respect to the effects of use of the residential lot as a road on adjacent neighbouring properties. The

7 7 assessment is based on the expected traffic numbers as outlined within the TPC report (E). It is attached and marked F. Stormwater will be disposed on within the site via soak pits. Future connections will be made to reticulated stormwater disposal within the site at the time the future residential development is undertaken on the adjacent site at 620 Purangi Road. Earthworks will be required to form the road access and for the installation of any underground proposed services within the subject site. A total volume equating to 530m 3 over the entire site (524m 2 ) will be required. 1.4 Resource Management Issues Regional planning instruments The Waikato Regional Policy Statement (RPS) sets the direction for future sustainable management of the Region s natural and physical resources. The RPS provides the policy context for the four regional plans and it establishes the framework for district plans. The development is consistent with the broad policy direction of the RPS (in particular in relation to the protection of resources from the potential adverse effects of inappropriate subdivision, use and development). No other regional plan is relevant to the proposal, and no other resource consents are required under the regional plans National Environmental Standard The construction of a road will not result in a change of use to the site which will trigger the need for an assessment under the National Environmental Standard for contaminated soils. As such, the NES need not be considered any further Thames Coromandel Operative District Plan The relevant rules of the TCDC Operative District Plan are addressed as follows. (a) Part 410: Earthworks and Land Disturbance Activities Rule 412.4: Rule Discretionary Activities Earthworks where two or more of the permitted activity standards in Tables 2 or 3 are not met. The total volume and area of earthworks will exceed the permitted volumes outlined within Table 2 and Discretionary consent is required. (b) Part 470: Roading, Parking, Loading and Access Rule 472.4: Rule Discretionary Activities A proposed road or an alteration to an existing legal road, which is not part of a permitted or controlled activity, unless the proposed road or alteration to an existing road is submitted as a requirement to designate or a plan change.

8 8 The proposed road is not proposed as part of any permitted or controlled activity, is not a designation or a plan change, and so a Discretionary activity consent is required. (c) Part 491: Noise Rule 491.5: Restricted Discretionary Activities: 1. Noise from any activity where the standards specified in are not met is a restricted discretionary activity. 2. Each restricted discretionary activity shall be assessed according to: (a) The relevant NZ standard document, especially NZS 6802:1991 Assessment of Environmental Sound. (See above for other relevant standards); (b) The relevant criteria in Section 8 (850); (c) The information requirements (840) and the notification protocols (820) set out in Section 8. The noise from the traffic expected on the proposed road will exceed the limits in the rule, and Restricted Discretionary activity consent is required Thames Coromandel Proposed District Plan It is understood that no relevant provisions of the Proposed District Plan have legal effect, and that no decisions have been made on submissions. Therefore no consents are required under the PDP Summary: consents required The proposed land use requires the following consents under the operative District Plan: (a) (b) (c) Discretionary activity consent under Rule (earthworks); Discretionary activity consent under Rule (road); and Restricted Discretionary activity consent under Rule (noise). Overall the proposal requires Discretionary activity consent. 2. Where it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: The activity will not result in any significant adverse effects on the environment.

9 9 3. An assessment of the actual or potential effect on the environment of the proposed activity under the Operative District Plan: 3.1 Introduction The effects of the proposal must be considered in the context of the adjacent land zoning, underlying encumbrance, location and design of Part Lot 1 in accordance with the Structure Plan provisions on the adjacent land. The District Plan in respect of the Structure Plan area provides for residential development, given its Coastal Village zoning, and the registered encumbrance requires that the site is to be used as a road. The encumbrance and adjacent zoning and the Structure Plan therefore anticipate the subject site to be used as a road access into the adjacent residential subdivision and development of the neighbouring land at 620 Purangi Road. The effects of such development must be taken into account in the overall determination of the application. The matters over which the Council has discretion are specifically or generally addressed in the assessment below, and the assessment relies on the various expert reports provided with this application. Conditions of consent, in relation to engineering and landscaping are anticipated by the applicant. A draft list of suggested conditions will be provided to the Council in due course. Relevant categories of effects on the environment for assessment are: Effects of earthworks; Noise effects; Traffic effects; Effects on cultural values; Effects on infrastructure; Positive effects. These are addressed as follows. 3.2 Effects of earthworks Earthworks will be required to form the road access and may be required to install services within the subject site. Mitigation measures will be implemented through the duration of the earthworks within the site to address effects arising from stormwater and sediment runoff, and dust. Construction and noise standards will be observed at all times. It is expected that conditions of consent will be imposed to ensure that these measures are undertaken. Any potential adverse effects from the earthworks required to form the access road will therefore be avoided or, if necessary, adequately mitigated. The relevant assessment matters for discretionary earthworks applications are set out in Rule 415 and include:.3 For earthworks, areas of discretion include but are not limited to the following: (a) (b) (c) Geotechnical information and advice; Mitigation measures; Methods by which earthworks are to be undertaken;

10 10 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) Sequence of events, i.e. timing, staging; Rate at which works can be undertaken; Proposed site landscape rehabilitation; Sediment control; Stormwater management; Traffic movements; Hours of operation; Offsite placement of fill, transportation and location; Emergency Procedures; Natural hazard avoidance or exacerbation; Exposure of acid rock; Archaeological survey; Need for a comprehensive management plan to cover all of the above. Those matters of relevance above will be addressed as follows: All erosion and sediment controls will comply with the requirements of the Waikato Regional Council s TP 2090/02 Erosion and sediment control guidelines. A combination of erosion and sediment control measures will be employed, and these will be accurately described in the Construction Management Plan to be provided at engineering approval stage. This will outline specific mitigation measures to be implemented as part of the earthworks. Construction standards will be observed at all times, and it is expected that conditions of consent will be imposed to ensure that these measures are implemented. The Construction Management Plan, and related Erosion and Sediment Control Plan (if required) will address matters (b) (l) and (p) above. In relation to matter (a) (geotechnical), the geotechnical attributes of the land have been addressed in the investigations for the wider subdivision of the Structure Plan land. The relevant reports can be provided to the Council if necessary as part of the current application. Part Lot 1 and land to the south is contained in the geotechnical zone which does not require any specific foundation designs for dwellings, and so is suitable for roading. Moreover, the land to the east, west and north of Part Lot 1 contains housing or roading. In relation to matter (m), there are no natural hazards that might affect Part Lot 1 specifically, other than any event such as an earthquake or tsunami that would affect the wider area. The formation of a road on Part Lot 1 will enable faster evacuation of people from residential properties to higher ground during tsunami warnings. This is a positive effect of the proposal. In relation to matter (n), the land is generally sand dune with (in this location) no shallow rock that would or could be exposed by the works to construct the road, and there is no evidence of acid rock in the location. Matter (o) is address in Part 3.5 below. In summary, there will be no adverse effects of the earthworks; any potential effects have been recognised and will be adequately mitigated by implementing a construction management plan that meets the required standards, as addressed above. 3.3 Effects of noise

11 11 The relevant assessment matters for noise effects are contained in Rule of the operative District Plan. These matters are addressed in the traffic noise assessment prepared by Marshall Day Acoustics (MDA) for the Charles Green Drive intersection. This assessment is attached, marked F. MDA has based its assessment on the information provided within the TPC traffic report, in terms of the total number of vehicles expected to use the Charles Green Drive intersection. Based on a conservative assessment of the traffic flow for a worse case circumstance, the report utilises 500 vehicle movements per day driving through the intersection in both directions. MDA conclude that the any traffic noise generated on the site would be of little appreciable significance in relation to the traffic on other roads in the vicinity, and the noise effects of such traffic area unlikely to have any significant impact on sites in the vicinity. Based on the assessment provided by MDA, any adverse noise effects on properties within the surrounding area will be less than minor. 3.4 Traffic effects The relevant assessment matters for the road are set out in Rule 476 and refer back to Rule They are: (a) (b) (c) (d) (e) The extent to which adequate onsite parking, manoeuvring, loading and access for all vehicles generated by or associated with the activity will be available. This may involve consideration of the programme of works for the Community Board public parking. The extent to which road and pedestrian safety may be affected. The extent to which traffic generation may cause the need for road upgrading and whether that upgrading is in accordance with the function of the road in the road hierarchy. The extent to which the Disabled Persons Access Standards are met and whether the building meets NZS 4121, or to the like effect. The extent to which onsite parking will be readily accessible to people visiting the site. These are generally addressed in the traffic assessment prepared by TPC to address potential adverse effects in terms of traffic from the proposed residential development within the Structure Plan area, and as a result of the formation of the proposed access road within Part Lot 1 onto Charles Green Drive. The TPC report is attached, marked E. TPC concludes that the proposed new road and intersections will be configured to an appropriate standard to avoid any potential traffic safety conflicts; the proposal supports the development of safe public streets to allow for all modes of transport; and the total flow of estimated daily traffic will be accommodated within the road network with little or no effect on the existing network. 3.5 Effects on cultural values An on-site examination of the site and adjacent land at 620 Purangi Road, has revealed that the site contains pre-1900 remnants of human activity, such as midden sites. Due to the scale and location of the subject site, it is unlikely that these remnants will be contained within Part Lot 1, as it is likely they are confined to areas near to or within the Purangi estuary and surrounding areas. Part Lot 1 is located within an existing residential area where modifications to the landform have taken place in more recent times. However to

12 12 ensure that adverse effects are avoided, it is expected specific conditions of consent requiring appropriate authorities to be contacted should any item is discovered during the works, will be imposed as part of the land use consent. 3.6 Positive effects The proposed land use consent to form an access road within Part Lot 1 will enable the future residential development within the adjacent Structure Plan to connect through to existing residential areas within the Cooks Beach area. The registered encumbrance requires that the site is formed as an access road, therefore this application seeks to align with the intended purpose of the site. Additionally, the proposal will allow appropriate road connections between two main areas within the Cooks Beach settlement and residential developments, in a manner consistent with the established District Plan provisions for this growth, and will provide additional benefits to the wider community in relation roading infrastructure. The proposal will also assist in enabling easier evacuation of people to the higher ground to the south, in the event of a tsunami, as discussed above. The proposal will therefore bring considerable benefits to the Cooks Beach area. 3.7 Summary of effects on the environment Any adverse effects on the environment have been demonstrated within the above assessment as being no more than minor. The proposal will allow for development which will be in accordance with the anticipated development, as identified by the encumbrance requiring an access road to be constructed within the site. The proposal will provide for mitigation methods by which any adverse effects which have been recognised will be avoided or if necessary mitigated. 4. Where the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment which are likely to arise from such use: Not applicable. 5. Where the activity includes the discharge of any contaminant, a description of Not applicable. 6. A description of the mitigation measures (safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual and potential effect: Technical reports have been undertaken by relevant parties which confirm that traffic and noise effects can be appropriately avoided and mitigated adverse. It is expected that a number of recommendations made within these reports will be imposed as conditions of consent to ensure that adverse effects can be appropriately mitigated.

13 13 7. An identification of those persons interested in or affected by the proposal, the consultation undertaken, and any response to the views of those consulted. The construction of an access road through the subject site may result in temporary adverse effects whilst the proposed works are being undertaken. Appropriate mitigation measures will be imposed to ensure that adverse effects result from the construction will not adversely affect any of the adjacent neighbouring properties. It is considered that the following adjoining properties may be affected by the proposal: 55 Charles Green Drive: - Scott Lyell Thurston - Rachel May Olsen 57 Charles Green Drive: - Gregory Michael Corban - Cherene Louise Corban - Evan Francis Pegden 58 Charles Green Drive: - Graeme Laurence Young - Rachel Anne Young 59 Charles Green Drive: - Paul Deverall - Judith Susanne Deverall - Deverall Trust Limited 62 Charles Green Drive: - Janice McKay - Michael Anthony McKay The applicant is consulting with the owners of these properties and written approvals if available will be provided to the Council as soon as possible. 8. Where the scale or significance of the activity s effect are such that monitoring is required, a description of how, once the proposal is approved, effects will be monitored and by whom. Associated monitoring throughout the construction of the proposed access road will be undertaken as part of the conditions of consent. No other specific monitoring is necessary.