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ThoMSON SURVE LI MI re D 2(9062-4 Our reference: 9310.1(FNDC) 30 April 2018 Resource Consents Department Far North District Council JB Centre Kerikeri Road 8844*ati,J{ 5 ; 2 '. r 1 RE: Potter Orchard Trust, Subdivision & Land Use associated with a breach of Stormwater Management rule as a result of the creation of a smaller lot, Waipapa Road, Kerikeri 0/0 * Please find enclosed application for resource consent to subdivide land at 360 Waipapa Road, Kerikeri to create one additional lot in the Rural Production Zone. The subdivision is around existing development and as a result of reducing the area of a lot with an existing dwelling there is a breach of the zone's Stormwater Management rule. An Application Form is attached, along with Billpayer details. The application fee of $1,817 is also attached. 4 Please contact the applicant in advance of any site visit. 94 I -:31.='E. If you have any queries please contact the writer. /34---=!EF=E 94:IA 24..04 Yours sincerely 9 4/L Lyrthy Newport Senior Planner *Ni' Kerlkerl Service Centre' 3 0 APR 2018 THOMSON SURVEY 315 Kerikeri Road, Kerikeri P.O. Box 372, Kerikeri 0245, New Zealand. Email: Kerikeri@tsurvey.co.nz denis@tsurvey.co.nz, david@tsurvey.co.nz Telephone: 09 4077360 Facsimile: 09 4077322 After Hours:Director: Denis Thomson 09 4071372 After Hours:Planner: David Stringer 09 4076532 Background picture represents a New Zealand surveying trig station, used to beacon control survey marks
Form 9 APPLICATION FOR RESOURCE CONSENT Sections 87AAC, 88 & 145 Resource Management Act 1991 To Far North District Council 1. Gfehem Petterpf44) Po lk_r Or 1 48 v & T.JJ + 41 360 Waipapa Road, RD2 KERIKER[ 0295 wishes to apply for subdivision consent, and associated land use consent. 2. The activity to which the application relates (the proposed activity) is as follows: Subdivision to create one additional lot in the Rural Production Zone, as a discretionary activity, and consent for a breach of Stormwater Management rules as a result of creating a smaller lot around existing development. Note: the subdivision involves an Amalgamation Condition. 3. The site at which the proposed activity is to occur is as follows: 360 Legally Described as: Lot 1 DP 92525 & Lot 2 DP 492500 CFR: 716057 A description of the natural and physical characteristics and any adjacent uses that may be relevant is contained in the accompanying supporting documentation. 4. The names and address of the owner and/or occupier of the land to which the application relates are as follows: As above 5. There are no other activities that are patt of the proposal to which this application relates. 6. No additional resource consents (other than those listed above) are needed for the proposal to which this application relates. 7. I attach an assessment of the proposed activity's effect on the environment that Page I 1 Form 9 Potter; Job # 9310
(a) Includes the information required by Clause 6 of Schedule 4, and (b) Addresses the matters specified in Clause 7 of Schedule 4; and (c) Includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. 8. I attach an assessment of the proposed activity against the matters set out in Part 2 of the Act. 9. I attach an assessment of the proposed activity against any relevant provisions of a document referred to in Section 104(1)(b) of the Act, including the information required by Clause 2(2) of Schedule 4 of the Act. 10. Matters specific to subdivision: I attach information that adequately defines the following: The position of all new boundaries; The areas of each allotment; No new reserves to be created; No existing esplanade reserves, esplanade strips or access strips; No parts of the bed of a river or lake to be vested in the territorial authority under Section 237A of the Act; No land within the Coastal Marine Area (which is to become part of the common marine and coastal area under Section 237A of the Act); and No land to be set aside as new roads. Lynley Newport Thomson Survey Ltd On behalf of @Faham-Pettef plut-r 0/ C 604 -Fluot Date:.300%.3.-Apitt. 10 IS \ Address for Service of applicant: Lynley Newport Thomson Survey Ltd P O Box 372 Kerikeri 0245 Ph: 09 407 7360 Mobile:021 257 3892 Email: Iynley@tsurvey.co.nz Excerpt from FNDC Application Form recording Bill Payer Details is attached. Page 1 2 Form 9 Potter; Job # 9310
Client Authorisation: Potter Orchard Trust * \ANe act as my/our agent for the purposes of lodging this resource consent., authorise Thompson Survey Ltd to 30/04/2018 + 94-Be- CQ*o#A Q.*ILL... Signed Dated Page 1 3 Form 9 Potter; Job # 9310
10. Other Consent required/being applied for under different legislation (more than one circle can be ticked): Building Consent (Bc ref # if known) Regional Council Consent (ref#if known) O National Environmental Standard consent O Other (please specify) 11. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health: The site and proposal may be subject to the above NES. In order to determine whether regard needs to be had to the NES please answer the following (further information in regard to this NES is available on the Council's planning web pages): Is the piece of land currently being used or has it historically ever been yes no don't know used for an activity or industry on the Hazardous Industries and Activities List (HAIL) Is the proposed activity an activity covered by the NES? (If the activity is yes no don't know any of the activities listed below, then you need to tick the 'yes' circle) Subdividing land Changing the use of a piece of land Disturbing, removing or sampling soil Removing or replacing a fuel storage system 9. Assessment of Environmental Effects: Every application for resource consent must be accompanied by an Assessment of Environmental Effects (AEE). This is a requirement of Schedule 4 of the Resource Management Act 1991 and an application can be rejected if an adequate AEE is not provided. The information in an AEE must be specified in sufficient detail to satisfy the purpose for which it is required. Your AEE may include additional information such as Written Approvals from adjoining property owners, or affected parties. Please attach your AEE to this application. '10. Billing Details: This identifies the person or entity that will be responsible for paying any invoices or receiving any refunds associated with processing this resource consent. Please also refer to Council's Fees and Charges Schedule. Name/s: (please write all names in full) Graham Ewen Potter,Claudia Elisabeth Barthlen Email: kiwiigold@icloud.com Postal Address: 360 Waipapa Rd, Kerikeri 0295, Northland Post Code: Phone Numbers: Work: 0274158460 Home: 09 4078408 Fax: Fees Information: An instalment fee for processing this application is payable at the time of lodgement and must accompany your application in order for it to be lodged. Please note that if the instalment fee is insufficient to cover the actual and reasonable costs of work undertaken to process the application you will be required to pay any additional costs. Invoiced amounts are payable by the 20'h of the month following invoice date. You may also be required to make additional payments if your application requires notification. Declaration concerning Payment of Fees: I/we understand that the Council may charge me/us for all costs actually and reasonably incurred in processing this application. Subject to my/our rights under Sections 3578 and 358 of the RMA, to object to any costs, I/we undertake to pay all and future processing costs incurred by the Council. Without limiting the Far North District Council's legal rights if any steps (including the use of debt collection agencies) are necessary to recover unpaid processing costs I/we agree to pay all costs of recovering those processing costs. If this application is made on behalf of a trust (private or family), a society (incorporated or unincorporated) or a company in signing this application I/we are binding the trust, society or company to pay all the above costs and guaranteeing to pay all the above costs in my/our personal capacity. + 9 Name: Graham Potter (please print) Signature: CU--BjED- (signature of bill payer - mandatory) Date: 30/04/2018 U
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Potter Orchard Trust PROPOSED SUBDIVISION & RESULTING LAND USE CONSENT ASSESSMENT OF ENVIRONMENTAL EFFECTS Thomson Survey Ltd Kerikeri 1.0 INTRODUCTION 1.1 The Proposal Our client, Potter Orchard Trust, proposes to carry out a subdivision of property at 360 to take off a small lot around the existing house and garden area, leaving a large balance piece of land in its current productive use. Access is existing, off Waipapa Road. The balance lot has its own access. Refer to Appendix 1 for a copy of the Scheme Plan. Because of reducing the size of the 'site' around existing development (i.e. the house and pool), a breach of the Rural Produciton Zone's Stormwater Management rules results. 1.2 Scope of this Report This assessment and report accompanies the Resource Consent Application made by our clients, and is provided in accordance with Section 88 and Schedule 4 of the Resource Management Act 1991. The application seeks consent to subdivide a property to create one additional lot around existing development, as a discretionary subdivision activity. The application also seeks consent for a resulting breach of the zone's Stormwater Management rules. Page I 1 Planning Report and Assessment Of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 The information provided in this assessment and report is considered commensurate with the scale and intensity of the activity for which consent is being sought, and covers: A description of the proposal; A description of the site and its environs; An assessment of environmental effects; An assessment of the proposal against relevant objectives and policies of the Far North District Plan; An assessment of the proposal against relevant provisions of Part 2 of the Act and other National and Regional Standards, Policies and Plans; Record of consultation. 2.0 PROPERTY DETAILS Location: 360 Legal description: Lot 1 DP 92525 & Lot 2 DP 492500; CT: CFR 716057 (copy of Title attached as Appendix 3) Total area: 22.747ha Refer to Appendix 2 for a locality plan. 3.0 SITE DESCRIPTION 3.1 Physical characteristics The application property is 22.747ha in area. It is made up of two separately surveyed parcels of land held together in a single title. Lot 2 DP 492500 is a rectangular shaped piece of land behind and to the east of the proposed house lot. It is being utilised as part of the productive orchard. This area does not support any built development. The larger Lot 1 DP 92525 runs from Waipapa Road right back to the river boundary to the north. It slopes generally in the direction of the river and is in productive use (orchard). The application site supports the applicant's dwelling, located in the southeastern corner of Lot 1 DP 92525. There is a back yard area containing a swimming pool and lawn. All other built development is related to the orchard operations and is located on the balance lot. Page 1 2 Planning Report and Assessment of Environmental Effects Potterjob#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 3.2 Legal Interests The property has appurtenant right of way and electricity and water easements. It is subject to two private Land Covenants (7806988.5 & 10208562.6). Both instruments affect land only in Lot 2 DP 492500 and will remain in place. Copies attached in Appendix 4. 3.3 Consent History Building Consents: BP2036912 - Building Permit for a dwelling, issued in 1983; and associated BP827 - Plumbing and Drainage permit for 'new house', also issued in 1983. BC-1995-498-0-360m2 greenhouse associated with the production unit, issued in 1994. BC-2002-992-0 - consent to remove carport and build new garage onto dwelling, issued in 2002. See related land use consent below. BC-2003-1279-0 - consent for the swimming pool fence and a toilet, issued in 2003. BC-2007-375-0 - consent for a 22m2 addition to the dwelling, issued in 2006. See related land use consent below. BC-2007-920-0 - consent for workers accommodation building, issued in 2007. BC-2014-241-0 and 0-B - consent for kitchen addition to existing workers accommodation building, issued in 2013. See related land use consent below. BC-2017-442-0 - consent for the removal of internal load bearing wall and new portal frame (applicant's dwelling), issued November 2016. Resource Consents: 2020505-RMALUC - Land use consent for breach of boundary setback associated with BC- 2002-992-0 above (new garage added on to dwelling), issued in 2002. 2070186-RMALUC - Land use consent associated with BC-2007-375-0 above, also for breach of boundary setback (22m2 addition), issued in 2006. 2130249-RMALUC & 2130249-RMAOBJ - consent to construct kitchen & bathroom facilities for existing sleep out workers accommodation (breach of residential intensity), associated with BC-2014-0 and 0-B above. This consent was issued in April 2013, with the Objection lodged shortly afterwards. This was successful and saw some changes to conditions. Page 1 3 Planning Report and Assessment of Environmental Effects Potterjob#9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 2160087-RMASUB - Subdivision consent that saw the creation of Lots 1&2 DP 492500 (a subdivision of adjoining property). The subdivision transferred Lot 2 DP 492500 to be held in the same title as the existing Potter orchard, Lot 1 DP 92525. A copy of this subdivision consent is attached in Appendix 5. 4.0 THE PROPOSAL IN DETAIL Our client is seeking to subdivide off his home and grounds, that have always been separate from any cropping area, from the land to remain as a productive unit. The resulting house lot is proposed to be 3650rrf in area (proposed Lot 1), with the balance Lot 2 of 19.445ha in area continuing to be held with Lot 2 DP 492500 and continuing to be orchard (productive use). Access to the house lot is existing and well formed. Access to the balance orchard unit is existing and well formed. Refer to Scheme Plan in Appendix 1. 5.0 ACTIVITY STATUS 5.1 Zoning The property is zoned Rural Production. There are no resource features applying. 5.2 Far North District Plan Rules The property is zoned Rural Production. The subdivision standards applying in the zone are contained in Table 13.7.2.1 as shown below. TABLE 13.7.2.1: MINIMUM LOT SIZES (i) RURAL PRODUCTION ZONE Controlled Activity Status Restricted Discretionary (Refer also to 13.7.3) Activity Status (Refer also to 13.8) The minimum lot size is 20ha. 1. Subdivision that complies Note 1: Reference should also with the controlled activity be made to the minimum lot standard, but is within 100m of size applying to land within an the boundary of the Minerals Outstanding Landscape, Zone; 2. The minimum lot size Outstanding Landscape Feature is 12ha; or 3. A maximum of 3 or Outstanding Natural Feature lots in any subdivision, provided (see below in this Table and that the minimum lot size is Rule 13.7.2.5). Note 2: 4,000m2 and there is at least 1 Subdivision in the Pouerua lot in the subdivision with a Heritage Precinct (refer Maps minimum lot size of 4ha, and 35,41 and HP1), is a provided further that the Discretionary Activity Status (Refer also to 13.9) 1. The minimum lot size is 4ha, or 2. A maximum of 3 lots in any subdivision, provided that the minimum lot size is 2,000m2 and there is at least 1 lot in the subdivision with a minimum size of 4ha, and provided further that the subdivision is of sites which existed at or prior to 28 April 2000, or which are amalgamated from titles existing at or prior to 28 April Page 14 Planning Report and Assessment of Environmental Effects Potter Job#9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 discretionary subdivision activity. Note 3: Subdivision within 100m of the boundary of the Minerals Zone is a restricted discretionary activity. subdivision is of sites which existed at or prior to 28 April 2000, or which are amalgamated from titles existing at or prior to 28 April 2000; or 4. A maximum of 5 lots in a subdivision (including the parent lot) where the minimum size of the lots is 2ha, and where the subdivision is created from a site that existed at or prior to 28 April 2000;... 2000; or 3. A subdivision in terms of a management plan as per Rule 13.9.2 may be approved. 4. Subdivision in the Pouerua Heritage Precinct... The title is dated post April 2000. However, this is because of RC 2160087 subdividing an adjoining property and transferring one of the resulting lots into the same title as my client's existing Lot 1 DP 92525. The title for Lot 1 DP 92525 pre-dates April 2000. In the past, the Council has accepted that, in such circumstances, where land area is increased because of a boundary adjustment/amalgamation, and where the underlying land being subdivided was all dated older than 2000, then the land would have the rights under the Restricted Discretionary and Discretionary activity options listed above. With the additional lot being less than 4000nf but greater than 2000mt and the balance being over 4.0ha, Option 2 under the discretionary activity options above is being utilised, namely "A maximum of 3 lots in any subdivision, provided that the minimum lot size is 2,000rrf and there is at least 1 lot in the subdivision with a minimum lot size of 4ha..." I consider the application to be a discretionary activity subdivision. In addition to requiring consent as a subdivision, the creation of a smaller lot area around existing development requires an assessment against the Rural Production Zone rules. The following rule breaches have been identified: 8.6.5.1.3 STORMWATER MANAGEMENT The maximum proportion Of the gross site area covered by buildings and other impermeable surfaces shall be 15%; and the controlled activity equivalent rule - 8.6.5.2.1 STORMWATER MANAGEMENT The maximum proportion Of the gross site area covered by buildings and other impermeable surfaces shall be 20%. Using aerial photographs to calculate coverage, it is estimated that the vehicle manoeuvring surfaces, dwelling/garage and swimming pool area total approximately 890%2 of impermeable surface, which is 24% of the proposed total site area. This results in discretionary activity category. The existing structures are already consented for any breaches related to the existing eastern boundary. A 10m setback from the dwelling to western boundary can be achieved, albeit this should be confirmed at time of survey. In any event, as this is a 'boundary activity" Page 1 5 Planning Report and Assessment of Environmental Effects Potter Job#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 breach, and the applicant is the affected boundary, 1 would consider that this breach is a deemed 'permitted' activity. The existing building on the proposed house lot covers less than 10% of the proposed total site area so complies with the zone's Building Coverage rule. Overall I consider the activity to be a discretionary activity. 6.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS 6.1 Allotment sizes and dimensions The subdivision proposes to provide for a smaller house lot around existing development, leaving a balance productive unit. The reduction of the area of land around the existing house results in a stormwater management breach, but adequate stormwater management already exists. The site remains large enough to support the existing level of residential development. The large balance area is to remain in production and has lost no land or efficiency to that use as a result of this subdivision. I believe the lot remains large enough, at 3650mt to adequately accommodate the existing residential use and its outdoor space. 6.2 Property Access The proposed house lot has existing well established access with no requirement to upgrade or improve the crossing. The production unit also has existing access with no requirement to upgrade or improve the crossing. 6.3 Natural and Other Hazards There are no natural hazards identified for the proposed house site. The Northland Regional Council's 1:10 and 1:100 flood maps show a portion of the site down by the river (across the northern part of the orchard) as being susceptible to these events. This is not seen as an impediment to this subdivision as there is no intent to change the existing use of the orchard block. The subdivision only proposes the separation of the house from the orchard block, and the house is not subject to these potential inundation hazards. The land is not erosion prone. Non natural (other) hazards are discussed later in this report. Page 1 6 Planning Report and Assessment Of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 6.4 Water Supply The property does not have access to a reticulated potable water supply. The dwelling on proposed Lot 1 has existing roof supply and the orchard also has existing necessary supply for its purpose. It is assumed that a Kerikeri Irrigation Company supply exists for the orchard. This will remain as required and agreed between the orchard and the company. 6.5 Stormwater Management and Disposal The balance orchard lot is effectively remaining as is and I therefore do not believe stormwater management needs to be discussed further for this larger area. The proposed house lot will reduce the amount of land around existing development and this results in approximately 24% site coverage (once title is deposited). With regard to the breach of Rules 8.6.5.1.3 and 8.6.5.2.1 Stormwater Management, the following commentary/assessment is provided (Source Sam Lee, Survey Manager at Thomson Survey Ltd): (a) The extent of any increased stormwater runoff: This is an existing site with no additional impermeable area as a result of this proposal. Therefore there is nil increase and nil additional 'contribution' to total catchment impermeabilty. (b) Use of Low Impact Design principles: Existing site requiring no further impermeable area. (c) Cumulative Effects on catchment: The catchment is large and the balance lot of over 19ha is expected to remain as kiwifruit orchard, offsetting the potential effects of the small impermeable area of proposed Lot 1 (being only 0.089Ha). (d) Any alteration of natural contour or drainage: The subdivision proposal is around existing development and does not alter natural drainage or contour. (e) Physical qualifies of the soil type: Soils have good soakage ability. (f) Availability of land or the disposal or effluent and stormwater on the site without adverse effects on water quantity or quality: This is existing development, showing that there are no adverse effects (g) The extent to which paved, impermeable surfaces are necessary: Page 1 7 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 Impermeable surfaces are necessary and already exist (h) The extent to which landscaping and vegetation may reduce adverse effects of runoff: Site has existing lawns gardens and vegetation that reduce adverse effects (no apparent adverse effects) (i) Means and effectiveness of mitigating stormawter runoff to that expected by permitted activity threshold: Runoff is sufficiently mitigated as surfaces exist with no apparent adverse effects. It is considered that the effects of this proposal are no more than minor and council is able to use its discretion to allow for the existing impermeable area in this instance (estimated at 24% of the new proposed site area. 6.6 Sanitary Sewage Disposal The applicant has advised that the septic system for the existing dwelling is behind the house (to the north), and that the soakage area is within the outdoor area associated with the house. This should be confirmed prior to s223 survey approval. In the event that sewage drainage easement has to be provided for on the larger lot, then that can be added onto the survey plan and easement schedule. 6.7 Energy Supply & Telecommunications Power and telephone services are existing and it has not been considered necessary to consult with service providers. 6.8 Easements for any purpose Existing appurtenant easements will remain. At this point in time there are no easements proposed. There is currently physical access across the front of the house lot to the orchard buildings to remain on the larger lot. It is not intended that any ROW be created over this access. The orchard buildings have their own access directly off Waipapa Road. Additional easements can be added at s223 stage in the unlikely event that a sewage drainage easement is required for any portion of the soakage field associated with the house that may lie beyond the proposed boundaries. 6.9 Effect of Earthworks and Utilities No earthworks are required as part of this proposal. 6.10 Building Locations Page 1 8 Planning Report and Assessment of Environmental Effects Potter Job#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Buildings are existing. The existing house already has the necessary consents for existing boundary breaches on its eastern boundary. The reduced lot size around the house does not result in any breach of the Building Coverage rule. 6.11 Preservation of heritage resources, vegetation, fauna and landscape, and land set aside for conservation purposes A search of the NZ Archaeological Association database (ArchSite) shows no sites on or near the application site. There are no areas identified as a Protected Natural Area within the Department of Conservation's Ecological District database and publications, and the property is not notated as outstanding landscape or feature and there is no land set aside for conservation. The property is within a very large area identified as 'kiwi present'. The property is currently in production orchard, with residential uses, and has no restrictions in regard to the keeping of dogs and cats. One of the private land covenants, applying to land in Lot 2 DP 492500 only, imposes a restriction on the number of dogs and cats that can be kept on this land, but this document does not apply to the balance land. I do not believe there is any justification in this instance to apply any restriction on the keeping of cats or dogs for the house lot or for the balance remaining orchard lot. 6.12 Soil The land is in production orchard. This proposal does not alter that at all as it simply removes the existing house and grounds which had never been in crops, from the orchard operation area. This has nil effect on the life supporting capacity of soil. 6.13 Access to reserves and waterways The proposal does not involve any development of land in the vicinity of the river at the nor-th boundary. The orchard block is a working orchard and will remain so. It will be over 20ha in area. It is not considered necessary or appropriate to provide for access to the river in this instance. 6.14 Land use compatibility (reverse sensitivity) The subdivision creates a separate lot around existing residential use within the existing setting. It does not therefore increase the risk of land use incompatibility issues arising. 6.15 Proximity to Airports The application site is well clear of the Kerikeri Airpor-t Buffer Area as defined in the District Plan. 6.16 Other matters Page 1 9 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 Precedent Effects Being a discretionary subdivision activity in regard to the size of the smaller lot only, the proposal is one anticipated in the District Plan as being appropriate, especially when noting that the discretionary standard allows for lots as small as 2000mt and the proposed lot in this instance is only just short of 4000mt In addition the proposed lot it is around existing development and leaves an existing production use intact. I do not therefore consider that an adverse precedent would be set in granting this proposal. Cumulative Effects The proposal does create any cumulative effect as it creates a lot around existing built development whilst leaving the balance of the land in productive orchard. 7.0 STATUTORY ASSESSMENT 7.1 District Plan Objectives and Policies Objectives and policies relevant to this proposal are those in Chapter 13 of the District Plan (subdivision), along with those applicable to the Rural Environment, and in particular the Rural Production Zone. Those objectives that are particularly relevant to the proposal are discussed briefly below. Subdivision Obiectives 13.3.1 To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and roads and the social, economic and cultural well being of people and communities. Providing for the creation of a separate lot around existing built development whilst leaving the balance of the land in productive use is considered to promote people's social and economic wellbeing. 13.3.2 To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly from subdivision, including reverse sensitivity effects and the creation or acceleration of natural hazards, are avoided, remedied or mitigated. Refer to the Assessment of Effects contained in Section 6.0 of this report and to comments above. The proposal is considered consistent with this Objective. 13.3.5 To ensure that all new subdivisions provide a reticulated water supply and/or on-site water storage and include storm water management sufficient to meet the needs of the activities that will establish all year round. Page I 10 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 This subdivision can adequately address water supply and stormwater management and is therefore consistent with this Objective. Policies 13.4.1 That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the use of those allotments on: (a) natural character, particularly of the coastal environment; (b) ecological values; (c) landscape values; (d) amenity values; (e) cultural values; (f) heritage values; and (g) existing land uses. The site does not contain any identified natural character, ecological, landscape, cultural or heritage values of note. The proposed smaller lot is around existing development and preserves amenity values. The proposal is considered to be consistent with the existing amenity and character of the area. 13.4.2 That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties. Access to the property is existing, off Waipapa Road. 13.4.8 That the provision of water storage be taken into account in the design of any subdivision. Development is existing, with water supply and storage already in place. 13.4.14 That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. The objectives and policies applying to the Rural Environment and in particular the Rural Production Zone, are addressed below. Rural Environment Obiectives and Policies The sites are zoned Rural Production. This zone is part of the Rural Environment as defined/mapped within the District Plan. Whilst there are specific objectives and policies applicable to the Rural Production Zone, there are also some objectives and policies applying to the Rural Environment generally that might be regarded as relevant in assessing this proposal. 8.3 OBJECTIVES 8.3.1 To promote the sustainable management of natural and physical resources of the rural environment while enabling activities to establish in the rural environment. Page I 11 Planning Report and Assessment of Environmental Effects Potterjob#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 8.3.2 To ensure that the life supporting capacity of soils is not compromised by inappropriate subdivision, use or development. 8.3.3 To avoid, remedy or mitigate the adverse and cumulative effects of activities on the rural environment. 8.3.6 To avoid actual and potential conflicts between land use activities in the rural environment. 8.3.7 To promote the maintenance and enhancement of amenity values of the rural environment to a level that is consistent with the productive intent of the zone. 8.3.9 To enable rural production activities to be undertaken in the rural environment. 8.3.10 To enable the activities compatible with the amenity values of rural areas and rural production activities to establish in the rural environment. 8.4 POLICIES 8.4.1 That activities which will contribute to the sustainable management of the natural and physical resources of the rural environment are enabled to locate in that environment. 8.4.2 That activities be allowed to establish within the rural environment to the extent that any adverse effects of these activities are able to be avoided, remedied or mitigated and as a result the life supporting capacity of soils and ecosystems is safeguarded and rural productive activities are able to continue. 8.4.4 That development which will maintain or enhance the amenity value of the rural environment and outstanding natural features and outstanding landscapes be enabled to locate in the rural environment. 8.4.5 That plan provisions encourage the avoidance of adverse effects from incompatible land uses, particularly new developments adversely affecting existing land-uses (including by constraining the existing land-uses on account of sensitivity by the new use to adverse affects from the existing use - i.e. reverse sensitivity). The proposed development is not contrary to any of the above Objectives and Policies. - It promotes sustainable management by way of providing for a house lot, never used for cropping, to be removed from the orchard property and continue to be used for residential purposes, leaving the productive unit intact; - it does not unduly compromise the life supporting capacity of soils; - it avoids remedies or mitigates adverse effects; the subdivision is compatible with, and has no adverse effects on, the existing amenity and character of the area; and - does not unduly increase the risk of land use incompatibility. Rural Production Zone Obiectives and Policies: Objectives: 8.6.3.1 To promote the sustainable management of natural and physical resources in the Rural Production Zone. Page I 12 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 8.6.3.2 To enable the efficient use and development of the Rural Production Zone in a way that enables people and communities to provide for their social, economic, and cultural well being and for their health and safety. 8.6.3.3 To promote the maintenance and enhancement of the amenity values of the Rural Production Zone to a level that is consistent with the productive intent of the zone. 8.6.3.6 To avoid, remedy or mitigate the actual and potential conflicts between new land use activities and existing lawfully established activities (reverse sensitivity) within the Rural Production Zone and on land use activities in neighbouring zones. 8.6.3.7 To avoid remedy or mitigate the adverse effects of incompatible use or development on natural and physical resources. The proposed development is considered to be consistent with the Rural Production Zone Objectives listed above. The proposal is a discretionary subdivision activity, and allows for the efficient use of land in a way that enables people (future lot owners) to provide for their social and economic well being. It maintains amenity values to a level consistent with the productive intent of the zone and mitigates any adverse effect of incompatible uses by virtue of lot size, layout and physical characteristics. Policies 8.6.4.1 That a wide range of activities be allowed in the Rural Production Zone, subject to the need to ensure that any adverse effects on the environment, including any reverse sensitivity effects, resulting from these activities are avoided, remedied or mitigated and are not to the detriment of rural productivity. 8.6.4.2 That standards be imposed to ensure that the off site effects of activities in the Rural Production Zone are avoided, remedied or mitigated. 8.6.4.3 That land management practices that avoid, remedy or mitigate adverse effects on natural and physical resources be encouraged. 8.6.4.4 That the type, scale and intensity of development allowed shall have regard to the maintenance and enhancement of the amenity values of the Rural Production Zone to a level that is consistent with the productive intent of the zone. 8.6.4.5 That the efficient use and development of physical and natural resources be taken into account in the implementation of the Plan. 8.6.4.7 That although a wide range of activities that promote rural productivity are appropriate in the Rural Production Zone, an underlying goal is to avoid the actual and potential adverse effects of conflicting land use activities. 8.6.4.8 That activities whose adverse effects, including reverse sensitivity effects cannot be avoided remedied or mitigated are given separation from other activities 8.6.4.9 That activities be discouraged from locating where they are sensitive to the effects of or may compromise the continued operation of lawfully established existing activities in the Rural production zone and in neighbouring zones. Page I 13 Planning Report and Assessment Of Environmental Effects Potter Job#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 The objectives and policies of the Rural Production Zone are a subset of those for the rural environment. They are intended to be as flexible, permissive and enabling as possible in order to ensure that rural productivity is not stifled and that other activities can establish where their significant adverse effects are avoided remedied or mitigated on rural production or the natural and physical environment, including its people. The proposed subdivision is considered to be entirely consistent with this intent. In summary, having assessed the proposal against the relevant objectives and policies of the District Plan, it is considered that it is consistent with those objectives and policies. 7.2 Part 2 Matters 5 Purpose (1) The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while- (a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment. The proposal is considered to provide for the sustainable management of natural and physical resources. 6 Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (0 the protection of historic heritage from inappropriate subdivision, use, and development: (g) the protection of protected customary rights: (h) the management of significant risks from natural hazards. The application site does not contain or affect any of the matters listed under Section 6 as Matters of National Importance, other than a portion of the balance productive unit being Page I 14 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 identified as containing areas potentially susceptible to flooding. As the proposed subdivision does not intend any development within these areas, 1 believe that item (h) above has been adequately provided for. 7 Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to- (a) kaitiakitanga: (aa) the ethic of stewardship: (b) the efficient use and development of natural and physical resources: (ba) the efficiency of the end use of energy: (c) the maintenance and enhancement of amenity values: (d) intrinsic values of ecosystems: (e) [Repealed] (f) maintenance and enhancement of the quality of the environment: (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: (i) the effects of climate change: (i) the benefits to be derived from the use and development of renewable energy. Regard has been had to any relevant parts of Section 7 of the RMA, "Other Matters". Maintenance of amenity values, and quality of the environment have been considered and the proposed subdivision design has had regard to these aspects. The subdivision does not create any additional impact on natural and physical resources. 8 Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). The principles of the Treaty of Waitangi have been considered and it is believed that this proposed subdivision does not offend any of those principles. In summary, it is considered that all matters under s5-8 inclusive have been adequately taken into account. 7.3 National Policy Statements There are no national policy statements relevant to this proposal. 7.4 National Environmental Standards The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES-CS) is relevant insofar as the underlying application site Page I 15 Planning Report and Assessment of Environmental Effects Potterjob#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 includes areas used as a functioning productive horticultural unit, and the proposed activity is a subdivision. However, it is only the balance lot that is considered to be a "piece of land" that is HAIL, because the house lot has always been used for residential purposes and not part of the orchard, and all accessory buildings and storage sheds associated with the orchard are located elsewhere. The production land will be remaining in production. Therefore because: (a) the house lot does not contain land that is HAIL; and (b) the production land is remaining in production; I do not believe there is any requirement to further address the NES-CS. 7.5 Regional Policy Statement for Northland In preparing this application, the Regional Policy Statement for Northland has been considered, in particular those Objectives and Policies relevant to rural subdivision. The site is devoid of any resources or features notated as significant vegetation or habitat; outstanding landscape or natural value; heritage value or cultural values. There are no natural hazards. As such, the only aspects of the Regional Policy Statement for Northland considered relevant are those addressed below. 3.5 Enabling economic wellbeing Northland's natural and physical resources are sustainably managed in a way that is attractive for business and investment that will improve the economic wellbeing of Northland and its communities. The proposed subdivision is considered to promote sustainable management. 3.6 Economic activities - reverse sensitivity and sterilisation The viability of land and activities important for Northland's economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either: (a) Reverse sensitivity for existing: (i) Primary production activities; Quoting from the Regional Policy Statement, this objective recognises there are activities and land that should be protected from the negative impacts of subdivision, use and development because of their importance to Northland's economy. Page I 16 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Thomson Survey Limited Subdivision Proposal & associated land use Apr-18 In regard to this subdivision, it is considered that the separation of the house lot from the productive unit does not negatively impact on the relevant matters listed above. The proposal is not considered to be contrary to Objective 3.6. Relevant policies include: Policy 5.1.1 - Planned and coordinated development. Subdivision, use and development should be located, designed and built in a planned and coordinated manner which: (c) Recognises and addresses potential cumulative effects of subdivision, use, and development, and is based on sufficient information to allow assessment of the potential long-term effects; (e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity; (f) Ensures that plan changes and subdivision to / in a primary production zone, do not materially reduce the potential for soil-based primary production on land with highly versatile soils, or if they do, the net public benefit exceeds the reduced potential for soil-based primary production activities; and To quote from the Regional Policy Statement, 5.1.1(f) applies to subdivision and plan changes on land with highly versatile soils in primary production zones. The Regional Policy Statement defines "highly versatile soils" as those with various LUC classifications 11 and 111. In this instance the land contains class 111 soils. However, none of the production land is being removed from production or subdivided. The proposal only takes off the existing residential use. 5.1.3 Policy - Avoiding the adverse effects of new use(s) and development Avoid the adverse effects, including reverse sensitivity effects of new subdivision, use and development, particularly residential development on the following: (a) Primary production activities in primary production zones (including within the coastal marine area);... The proposed subdivision is a discretionary activity and as such is a type of development in the Rural Production environment envisaged by the FNDC's District Plan. The proposal does not prevent the continued use of the balance land for productive purposes. 7.6 Regional Water and Soil Plan Page I 17 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 The property is not erosion prone. The subdivision itself does not result in any need for a discharge consent or land use consent for land use disturbance. As such, it is considered that the Regional Water and Soil Plan is not relevant in this instance. 8.0 CONSULTATION The applicants have consulted with the adjacent landowners to the east (L M Sturge and T J Hodgson, Lot 1 DP 145763). Their Written Approval for this proposal is attached in Appendix 6. No other consultation has been considered necessary. 9.0 CONCLUSION The site is considered suitable for the proposed subdivision, and effects on the wider environment are no more than minor. The proposal is consistent with the relevant objectives and policies of the District Plan and the Regional Policy Statement as well as Part 2 of the Resource Management Act. As a discretionary activity subdivision, public notification of the subdivision component is precluded. No special circumstances have been identified that would suggest notification is required. No persons have been identified as adversely affected by the proposal. It is therefore requested that the Council grant approval to the subdivision on a non notified basis, subject to appropriate conditions. Signed Dated 23rd April 2018 Lynley Newport, Senior Planner Thomson Survey Ltd Page I 18 Planning Report and Assessment Of Environmental Effects Potter Job # 9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 10.0 LIST OF APPENDICES Appendix 1 Scheme Plan(s) Appendix 2 Location Plan Appendix 3 CFR Appendix 4 Private Land Covenants Appendix 5 RC 2160087 Appendix 6 Written Approval(s) Page I 19 Planning Report and Assessment of Environmental Effects Potter Job#9310
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 1 Scheme Plan(s) Page 1 20 Planning Report and Assessment of Environmental Effects Potter Job # 9310
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Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 2 Locality Plan Page I 21 Planning Report and Assessment Of Environmental Effects Potter Job # 9310
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Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 3 CFR Page 1 22 Planning Report and Assessment of Environmental Effects Potter Job # 9310
COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 2 ALAr}9/ R.W. Muir Registrar-General of Land Identifier 716057 Land Registration District North Auckland Date Issued 17 December 2015 Prior References 522129 NA90D/435 Estate Area Fee Simple 22.7470 hectares more or less Legal Description Lot 2 Deposited Plan 492500 and Lot 1 Proprietors Deposited Plan 92525 Graham Ewen Potter, Claudia Elisabeth Barthlen and Trustee Services (1997) Limited Interests Appurtenant to Lot 2 DP 492500 is a right ofway and water rights specified in Easement Certificate C331117.3-9.12.1991 at 2:52 pm The easements specified in Easement Certificate C331117.3 are subject to Section 309 (1) (a) Local Government Act 1974 Appurtenant to Lot 2 DP 492500 are electricity and water easements specified in Easement Certificate C988013.5-30.4.1996 at 3:15 pm Land Covenant in Easement Instrument 7806988.5-6.5.2008 at 11:20 am (affects Lot 2 DP 492500) Fencing Covenant in Transfer 10208562.4-17.12.2015 at 10:38 am (affects Lot 2 DP 492500) Subject to Section 241(2) Resource Management Act 1991 (affects DP 492500) Land Covenant in Easement Instrument 10208562.6-17.12.2015 at 10:38 am Transaction Id Client Reference new Potter/Barth Guaranteed Search Copy Dated 2/03/18 9: 16 am, Page 1 of 3 Register Only
Client Reference new Potter/Barth Transaction Id E.in 0 melice=,! 0- I i,1, licnk ( 1 *I -01 i io REGISTERED OWNER Pur.uorrr to o re;olution of the 8oy of Islands County Council pasied on the. 2 L. ooy o f_'->.1-1,- i 1980 opproving purwont to Section, 305 ot 1 he Local Governmerrt Acl 1974 this survey plan and certifying that the plon 15 in occordonce with the requ-,rements ond provision,5 i of the operol ive 0151 ric 1 Scheme the Common Seol of the Boy of islands Counl y Council wo; affixed hereto in l he presence of *,- e-n_. Choirrnox : 41 Gr' 1.2. Ge,Aerall'iaiger '419 Identifier 716057 1.... x. r gitered /9'rietor Of the lord vi Ce,lifirile 01 Title 77?/53(LTD) 09'pe 10 11110.TI,;or, 01 the bourdory with 1431 pon of 20 LOT 1 LOT 2 MS 500 I le / Is /lown herem ond cisont to il i,i,je 01 0 Ce/,4,8:e of Ti,10 n occordow theie,,ih 1' O.LE 60 3 0 0 19 8100 hal 35 6200 ho 2 221455.T 35D/538 f Boad shown il legal NEW CT's ISSUED : LOT 1-480/1492 LOT 2-48D/1493 Register Only Guaranteed Search Copy Dated 2/03/] 8 9: ]6 am. Page 3 of 3 LAND DI$!RICT NORTH AUCKLAND SURVLY BLK.& DIST. X KERIKERI 1 NLMS 5 GN 452]54.1 2 1 CLCSED ROAD Goz 1977 21016 43 f t70 I' idel 2. 7; '* 9 241 54 PT SJBVN. 2 OLC. 60 iheet NO 5476 2990 7 62) C 1. 771 j Ild WA\PAPA GN 452364; RO4 ) CLOSED ROAD \ 446 Goz. 1977 836 COJ I T.!al Area 55 430[ho. Comp,827' in CT. 500/ 203 LT[(ALL), HOREIT.10111 DOVALL5011 4: LIRIKER nl; W/d.un'41' 2/: Ai'/f ilf. 1145.' /0-' Y 29.,0, ' fi *.* ti * 14,! tld, A Ila:...idi!:. S.i,u.% e. :. h IC / $,«,fl, kirrer.1 601' I.. h//i...1, v -. n' 1-.ri, rd, id.*.' i 1,19 J.,4-,91, :... S>,irf,0/.4 *.....1.-, & :*j._,4 I i/ 54-*:- i. /. si.i- C"I' 2--A,f: ruid M e L,4.1 B. i Witi"%, Man' DE'N U«, 2254'2. 71 1 r So. 764< Blf. Apprnicd at lo tulve - /3 3 'Fi. :f: 01'21 t'irievoi Deplitied thi; 1;y- day 01 /*fy d PLAN OF LOTS 1&2 BEING A SUBDVN,I LOCAL AUIHORITY BAY OF {St ANDs COJNrY I' Ditir:[ lind K. >. iturvey d by R J DONALDSON & ASSOCIATES r,. OF PART OL.C. 60 C LOT 1, DRO. 139 1 ka!, 1.3000 Dair SEPTEMBER 1930 531..,., idp92525 LE S ' 3# Bt LP 9* SP VP [ C It 0# 6 85 ZE 9 St $1: EE I le OC 6C 92.fZ H 92 42 CE LE LE 04 6( 91 L R 1016 91 t Ct Lt il e: 4 E 2 - I : 1 2 1 r, - 11 1861. i I 1 Al,4 '..doo10hd 00 31 0 ' ' ' p;ziii'vi,ni,
Client Reference new Potter/Barth Transaction Id Lot 2 Lot 1 Diag. A DP 92525 Non Primary 0.,b100><>k., - Identifier 8& R: 03 DP 171727 96 47 0 0% 117.86 1 Dtg.,,A /L 2.3150Iia,. DIag. AB Ig) Ser U Lot 2 DP 330984 Lot 2 DP 171727 1 Lot 2 DP 330984 716057 Lot 1 DP 92525 /fuw f.u k2 f 2 N. 2.9370Ha 0 : 2 Lot l DP 398968 j Lot 2 : OP 431627 35: 275 50'30" 275 50'30' 6.0 2 Lot 1 DP 181615f Diag. M./. Lot 2 Lot 2 Loll i Loll DP 104523 DP 145763: DP 160603 i k DP 104523 lot l DP 160603 Guaranteed Search Copy Dated 2/03/18 9: 16 am, Page 2 of 3 Suntyers Ref 21520 Vol-TE L.and Dislrict: North Auckland Dak.eITy, Pe,cel< 14"E:uiveyint,:,ii,eiKIT Dialtallv Generated Plan Gene,aled or, 11/1 2R01511,?don,Page 4 015 Lot 2 DP 380472 : Lotl DP 192710 LOTS 1&2 BEINGA SUBDIVISION OF LOT 3 DP 431627 Surveyof Kurt Eric Watson Firm: Survey & Planning Solutions (2010) 1 Title Plan LT 492500 Aooroved on: 14/12/2015 Register Only
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 4 Private Land Covenants Page 1 23 Planning Report and Assessment of Environmental Effects Potter Job # 9310
Easement instrument to grant easement or pmfit & prendre or create land covenant Sections 90A and 9OF, Land Transfer Act 1952 Land registration district North Auckland 2003/6180EF Approved Registrar-General of Land - El 7806988.5 Easement I Cpy-01/01 Pgs-003 06/06/08,11:39 DocID. 313110869 Grantor Surnarnefs) must be underlined or in CAPITALS. Armin Georg HANIK Grantee Sumame(s) must be underimed or in CAPITALS Armin Georg HANIK Granr of easement or profit A prendre or creation or covenant The Grantor. being the registered proprietor of the servient tenement(s) set out in Schedule A, grants to the Grantee (and, if so stated, in gross) the easement(s) or profit(s) 8 prendre set out in Schedule A, or creates the covenant(s) set out in Schedule A, with the rights and powers or provisions set out in the Annexure Schedule(s). DATED this / i A lay of W ' AciA. 10 4 Attestation Signed in my presence by the Grantor Signaturebf*ltness Witness to complete in BLOCK letters (unless legibly printed) Witness name: 11 11 Occupation: Address: Nicole Prosser Solicitor Kerikeri Signature [Common Seal] of Grantor Signed in my presence by the Grantee Signature 01 Witness Witness tc complete in BLOCK letters (unless legibly printed) Witness name: Occupation: Address: Nicole Prosser Solicitor Kerikeri *ibnature [Common Seal] 01 Grantee Certified correct for the purposes of the Land Transfer Act 1952 - [Solicitor for] the Grantee If the consent of any person is required for the grant, the specified consent form must be used.
Annexure Schedule 1 2003/6180EF Approved Registrar-General of Land Easement instrument Dated Page 2 of pages Schedule A Continue in additional Annexure Schedule if required. Purpose (nature and extent) Shown (plan reference) Servient tenement Dominant tenement of easement, profit, or (Identifier/CT) (Identifier/CT or in gross) covenant Land covenant 398968 394864 394865 Easements or proms & prendre rights and powers (Including terms, covenants, and conditions) Delete phrases in [ ] and insert memorandum number as required. Continue in addrional Annexure Schedule if required. U'lleb: ull le' vvibe viuv;jed Le'u..0 ll,c wl,6 a,,j pu.vc, / 1.,uv;JJ :,1.p.wf,. J.J.,co u[ 4,1.,L,L t 1,4 l' w.. p IL...,;be* by tho Land Trino» Rogulationo 2002 and/or the Minth Cd,-1.1. Jll,u P, wp.,ly Low Ail 1352. ilic iniplied fiylile atid p...w, u,. bu,hj] [,ivoti' 13] [ujj.j 1.4 -, [.w-..l;llji by: JAI.,w,u, Jw, 11.1,1 Lc.,, A-y;sla.J -,J.-. -.-Li, 152 of thc Land Transfer Aot 10621 [TI,= p, -v,,v,w...l out in Annexurc Schedule 2]. Covenant provisions Delete phrases in { ] and insert memorandum number as required. Continue in additional Annexure Schedule if required The provisions applying to the specified covenants are those set out in. 4Mcm orandum number, icgictorcd undcr ocotion 166,A of tho Land Tror,ofc Act 1052]. [The provisions set out in Annexure Schedule 21 All signing parties and either their witnesses or sollcitors must sign or initial in this box. /4 fh-/
Approved by Registrar-General of Land under No 1995/1004 Annexure Schedule EASEMENT INSTRUMENT Dated Page of Pages Continuation of estate or interest to be transferred The transferor when registered proprietor of the land formerly contained in Certificate of title NAl 12C/902 subdivided the land into residential lots in the manner shown and defined on DP 398968 and Whereas it is the transferor's intention to create for the benefit of the of the land in the certificates of title set out in schedule A ( the "Dominant Lot ") the land covenants set out in schedule B over the land in certificates of title in schedule C ( the "Servient Lot") TO THE INTENT that the Servient Lot shall be bound by the stipulations and restrictions set out in Schedule B and that the owners and occupiers for the time being of the Dominant Lot may enforce the observance of such stipulations against the owners for the time being of the Se,vient Lot. AND AS INCIDENTAL to the transfer of the fee simple so as to bind the Servient Lot and for the benefit of the respective Dominant Lot the transferee DOTH Hereby COVENANT AND AGREE in the manner set out in Schedule B hereto so that the covenants run with the Servient Lot for the benefit of the Dominant Lots. SCHEDULE A 394865 SCHEDULE B (a) No more more than two dogs kept on the servient land. At all times except when the dogs are contained within a dwelling on the servient land or are under the immediate control of some person the dogs shall be kept in a suitable enclosure which shall prevent them wandering from the servient land. (b) Not to allow dogs to bark outside at night on the sen/ient land. (c) Not to keep Donkeys, Pigs or Roosters on the servient land. Schedule C 394864 If this Annexure Schedule is used as an expansion of an instrument, all signing parties and either their witnesses or their irs must put their signatures or initials here. REF: 4135 District Law Society
Landon/ine View Instrument Details Instrument No. 10208562.6 Status Registered Date & Time Lodged 17 Dec 2015 10:38 Lodged By Baker. Lisa Anne Instrument Type Easement Instrument Toitu te I---- Land whenua :-2. Information 91,00/ New Zealand Affected Computer Registers Land District 716056 North Auckland 716057 North Auckland Annexure Schedule: Contains 2 Pages. Grantor Certifications I certify that I have the authority to act for the Grantor and that the party has the legal capacity to authorise me to lodge this instrument S'-r I certify that I have taken reasonable steps to confirm the identity o f the person who gave me authority to lodge this 12 instrument I certify that any statutory provisions specified by the Registrar for this class of instrument have been complied with *I or do not apply I certify that I hold evidence showing the truth of the certifications I have given and will retain that evidence for the prescribed period Signature Signed by Richard George Ashwell Palmer as Grantor Representative on 16/12/2015 09:53 AM Grantee Certifications I certify that I have the authority to act for the Grantee and that the party has the legal capacity to authorise me to * lodge this instrument I certify that I have taken reasonable steps to confirm the identity of the person who gave me authority to lodge this * instrument I certify that any statutory provisions specified by the Registrar for this class of instrument have been complied with {93 or do not apply I certify that I hold evidence showing the truth of the certifications 1 have given and will retain that evidence for the NK prescribed period Signature Signed by Nicole Jayne Prosser as Grantee Representative on 17/12/2015 10:08 AM **-* End of Report ':-2-2 Copyright: Land Information New Zealand Dated 17/12/2015 10:39 am Page 1 Of 1
Annexure Schedule: Page 1 of 2 Form B Easement instrument to grant easement or profit & prendre, or create land covenant Grantor (Sections 90A and 90F Land Transfer Act 1952) GRAHAM EWEN POTTER, CLAUDIA ELISABETH BARTHLEN and TRUSTEE SERVICES (1997) LIMITED Grantee ARMIN GEORG HANIK Grant of Easement or Profit & prendre or Creation of Covenant The Grantor be ng the registered proprietor of the servient tenement(s) set out in Schedule A grants to the Grantee (and, if so stated, in gross) the easement(s) or profit(s) A prendre set out in Schedule A, or creates the covenant(s) set out in Schedule A, with the rights and powers or provisions set out in the Annexure Schedule(s) Schedule A required Continue in additional Annexure Schedule, if Purpose (Nature and extent) of Shown Servient Tenement Dominant Tenement easement; profit or covenant (Plan Reference) DP 492500 (Computer Register) (Computer Register) or in gross Land Covenant (Shelterbelt protection) G Lot 1 DP 92525 and Lot 1 DP 492500 Lot 2 DP 492500 CT 716056 CT 716057
Annexure Schedule: Page:2 of 2 Form B - continued Covenant provisions Land Covenant 1. Definitions and Interpretations In this instrument: 1.1 Dominant Tenement - all of the land being Lot 1 DP 492500 comprised in CT 716056 1.2 Servient Tenement - means all of the land being Lot 1 DP 92525 and Lot 2 DP 492500 comprised in CT 716057 1.3 The Grantor includes itself and its successors in Title. 1.4 The Grantee includes itself and its successors in Title. 2. Introduction 2.1 The Grantor is the registered proprietor of the Servient Tenement 2.2 It is the Grantor's intention that the Servient Tenement shall be subject to a Land Covenant for the benefit of the Dominant Tenement, Each owner or occupier for the time being of the Servient Tenement shall be bound by the covenant set out in this Easement Instrument. 3. Covenant 3.1 The Grantor covenants to preserve the shelterbelt planting in the area marked "G" on DP 492500 and shall not without the prior written consent of the Grantee cut down, damage or destroy any bamboo, plants or vegetation or suffer or permit the cutting down, damaging or destruction of any bamboo, plants or vegetation, that forms part of the shelterbelt planting within area marked G on DP 492500, however the Grantor may attend to trimming and topping of the shelterbelt within area marked G on DP 492500 as necessary, and removal of any noxious weeds or plants which may grow in the shelterbelt within area marked G on DP 492500. 3.2 The Grantor shall not be in breach of this covenant if any of the bamboo, plants or vegetation die from natural causes not attributable to any act or default by or on behalf of the Grantor or for which the Grantor is responsible. If any of the barnboo, plants or vegetation in the shelterbelt within area marked G on DP 492500 die from natural or other causes the Grantor agrees that the Grantor will at the Grantors cost replace the dead shelterbelt plants in the area marked G on DP 492500 with suitable shelterbelt planting within 3 months. 3.3 This covenant will apply while the Servient Tenement is used for commercial purposes such as the current orchard operations. If the Servient Tenement is redeveloped for residential use this Covenant shall cease to apply.
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 5 RC 2160087 Page 1 24 Planning Report and Assessment of Environmental Effects Potter Job # 9310
TJ For North 7 District Coun FAR NORTH DISTRICT COUNCIL FAR NORTH OPERATIVE DISTRICT PLAN DECISION ON RESOURCE CONSENT APPLICATION (SUBDIVISION) Resource Consent Number: 2160087-RMASUB Pursuant to sections 104B and 104D of the Resource Management Act 1991 (the Act), the Far North District Council hereby grants resource consent to: Graham Potter The activity to which this decision relates: Boundary adjustment by way of subdivision and amalgamation - Subdivision of Lot 3 DP 431627 to create Lot 1 (2.3310ha) and Lot 2 (2.9371 ha) to be amalgamated with the adjoining Lot 1 DP 92525). Subject Site Details Address: 342D 0295 Legal Description: Lot 3 DP 431627 Certificate of Title reference: CT-522129 Pursuant to Section 108 of the Act, this consent is issued subject to the following conditions: 1 The subdivision shall be carried out in accordance with the approved plan of subdivision prepared by Williams & King, referenced 'Proposed Subdivision of Lot 3 DP 431627', dated 21 July 2015, and attached to this consent with the Council's "Approved Stamp" affixed to it. 2. The survey plan, submitted for approval pursuant to Section 223 of the Act shall show: (a) The endorsement of the following amalgamation condition pursuant to Section 220(1)(b)(iii) of the Resource management Act 1991. "That Lot 2 hereon be transferred to the owner of Lot 1 DP 92525 (NA90D/435) and a Computer Freehold Register be issued to include both lots" (Ref:1317834). 3. Prior to the issuing of a certificate pursuant to Section 224(c) of the Act, the consent holder shall: (a) Secure the condition below by way of a Consent Notice issued under Section 221 of the Act, to be registered against the title of Lot 1. The costs of preparing, checking and executing the Notice shall be met by the Applicant.
(i) National Environmental Standard for assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 Land within this lot has been identified as land that will potentially be covered by the above legislation. It will be the responsibility of the lot owner to address the regulations if proposing any development on the site. Activities covered by the regulations include the removing or replacing of a fuel storage system; soil sampling, disturbance and/or removal; subdivision; and changing the use of the land. Advice Notes 1. Archaeological sites are protected pursuant to the Heritage New Zealand Pouhere Taonga Act 2014. It is an offence, pursuant to the Act, to modify, damage or destroy an archaeological site without an archaeological authority issued pursuant to that Act. Should any site be inadvertently uncovered, the procedure is that work should cease, with the Trust and local iwi consulted immediately. The New Zealand Police should also be consulted if the discovery includes koiwi (human remains). A copy of Heritage New Zealand's Archaeological Discovery Protocol (ADP) is attached for your information. This should be made available to all person(s) working on site. 2 The consent holder is advised of the following requirement of the Kerikeri Irrigation Company Limited (Ref: Letter dated 20/08/2015 addressed to Williams & King); "That the Irrigation Company has pipelines and other underground infrastructure in the road boundaries of. Any road widening or lowering of entrances or development work may require these pipelines to be re-positioned. Any work required would be completed be at the developers cost". REASONS FOR THE DECISION 1. Description of the Activity: The applicant seeks approval to subdivide Lot 3 DP 431627 into two lots as follows; Lot 1-2.3310 ha Lot 2-2.9371 ha Lot 1 will contain an existing house and ancillary structures. Lot 2, which is vacant land, will be amalgamated with adjacent Lot 1 DP 92525. The application states that the purpose of the proposal is to transfer an area of productive horticultural land to adjacent Lot 1 DP 92525, which is an orchard. Since no additional title will be created, the proposal can be viewed as a boundary adjustment. The existing access from the Waipapa Road to Lot 1, which is a metalled driveway, will remain unchanged. Access to Lot 2 is to be via Lot 1 DP 92525.
2. District Plan Rules Affected: The proposed activity does not comply with controlled or restricted discretionary or discretionary activity rules specified in Rule 13.7.2.1 - Table 13.7.2.1 of the Operative District Plan and is a 'non complying' activity in accordance with Rule 13.11 of the Operative District Plan. 3. Principal Issue[s] in Contention and Main Findings on those Issues: Assessment Criteria for Non Complvinq activities. Based on the information and assessment provided by the applicant, it has been decided that the proposed activity is consistent with the relevant assessment criteria for noncomplying subdivision activities. Permitted activity status for existing activities on Lot 1 The application has demonstrated that existing structures/activities on Lot 1 will continue to be able to comply with the permitted activity land use standards; in particular the 'stormwater management' rule. National Environment Standards for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 11 Since the site has been a part of a productive land and the proposal involves a subdivision, the above legislation is applicable for this application. The application states that; 'As Lot 1 is already developed with existing activities and Lot 2 will be incorporated into already productive orchard we believe that there will be no impact on human health'. Since no Preliminary or Detailed Site Investigation report has been provided with the application as required by this legislation, the application was assessed as a 'discretionary' activity and an appropriate condition has been included in the consent. 4. Relevant Statutory Provisions: Policy Statements & Plan Provisions: Consideration was given to the relevant policies and objectives in the operative District Plan, in particular Chapter 8.6 (Rural Production Zone) and Chapter 13 (Subdivision). It is considered that the proposal is consistent with the Objectives and Policies of the Far North District Plan. Consideration was also given to the Resource Management (National Environmental Standard for assessing and managing Contaminants in Soil to Protect Human Health) Regulations 2011. Appropriate consent condition is included in this regard. Part 2 Matters The Council has taken into account the purpose & principles outlined in sections 5,6,7 & 8 of the Act. It is considered that granting this resource consent application achieves the purpose of the Act.
5. Notification and Affected Parties The Council has determined (by way of an earlier report and resolution) that the adverse environmental effects associated with the proposed activity are no more than minor and that there are no affected persons or affected order holders. 6. Overall Evaluation Overall, subject to conditions of consent, the proposed subdivision will not result in any adverse effects that could be considered to impact upon the site's surroundings. The activity is consistent with the sustainable management purpose of the RMA. Approval This resource consent has been prepared by Leonard Dissanayake, Consultant Planner and is granted under delegated authority (pursuant to section 34A of the Resource Management Act 1991) from the Far North District Council by: 9%14 111 pat killafea, principal planner 24+Lfepte,n Le<- 20)5 -- Date Right of Objection If you are dissatisfied with the decision or any part of it, you have the right (pursuant to section 357A of the Resource Management Act 1991) to object to the decision. The objection must be in writing, stating reasons for the objection and must be received by Council within 15 working days of the receipt of this decision. Lapsing Of Consent Pursuant to section 125 of the Resource Management Act 1991, this resource consent will lapse 5 years after the date of commencement of consent unless, before the consent lapses; The consent is given effect to; or An application is made to the Council to extend the period of consent, and the council decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
NOTES: 7 ON CONDITION on be transferred to the )P 92525 (NA90D/435) er Freehold Register be issued to include both lots Ref: to is to be via Lot 1 DP 92525 0 444 STREAM.\71, 7/A Existivg Dwel/ime 0 (approx ) - sement are to be retained LOT 2 Areas A - & Jare existing easements DP 171727 b 119.9 Ci 3.4 l LOT 1 0 N 2.3310ha. LOT 2 DP 330984 (10*4 LOT 1 DP 92525 l Q E NA90D/435 akap,1 Eweii Potter 51.0 41.8 3.S a Elisabeth BartkkA Trustee Se,vices 1. 997 Liwdted CC LOT 2 et LOT 1 2.937lha. DP 398968 LOT 2 DP 398968 0 0 Co LOT 1 DP 181615 C SO.3 70.8 0 3.0 25.2 LOT 1 4 LOT 1 DP 145763 6 DP 160603 / LOT 3 DP 171727 B LOT 2 DP 104523 4 0 APPROVED PLAN 00 CC PLANNER..taimwi) -* (10*4 RC.85'.9.9.22. Dated?.10:lus M44/p 4 ROAD kn, M 3 6LJ 9k::i]5 120m Local Authoritv: Far North Distitt Councd District Plan Zone: Rural Production AREAS AND MEASUREMENTS ARE SUBJECT TO FINAL- SURVEY This Plan and accompanying repoit,s) have been prepaied for the purpose of obtainbig a Resource Consent only and for no other purpose. Use of this plan and/or informaon on it lor any other purpose is at ihe usets risk Name Date Surveyed Drawn KW 21 Juty 2015 Rev No, 0 Height Datum - Local Referance Contour Interval Maior - Minor. Address 3420 Waicapa Roadl Kerikeri 527179 Area 52515 CFR Ref ha SHEET TITLE: Proposed Subdivision of Lot 3 DP 431627 JOB/CLIENT: G. E. POTTER Job No: 21520 Scheme Plan 2114,172015 File: 1-1500@nicd Williams & King 2\. Registered Land Sureyors, Planners & LBnd Development Consultants 27 Hobson Ave L-_.-/PO Box 937, Kerikerl Tel: 09407 6030 Fax: 094076032 Email: kerikeriasurveyandplanning.com SCALE @ A3 SHEET No 1:1500 1/1
Subdivision Proposal & associated land use Thomson Survey Limited Apr-18 Appendix 6 Written Approval(s) Page 1 25 Planning Report and Assessment of Environmental Effects Potter Job # 9310
173 For North 7 District Coum NOTICE OF WRITTEN APPROVAL Written Approval of Affected Parties in accordance with Section 95E of the Resource Management Act 1.0 ' e.-*0 21#./8 e < a *.hi 4% 4% (PART 4 - To * complet@ly Applic;nt -3 4*Fj:**3 * A./9:.441:4524 e1<5».1,»0 *r.c».»:0-. ' 't' 0 i' M Applicant/s Name:f / 4 E Po+Le + C (2 44,v 14.\42.47 Address of pfoposed activity: 1 >4 3 60 2,0 1 p cip«20 9 3 1-3 CA P opch Legaidescription:i:*t::6 24**/4/ L,<3.4 1 I>F> 93<525 4- l of 2 DP 40416 00 Descriptiohof the 4it '5:obc?#v,bion *4 1\ e_ st?vvot 4<idae,ho. n 200 proposal (including why lia ove.cle- ovin- 061 1,hoR& 1 10+ 04#31-,.a%%, sneen rfsource : Cia 0*h.133*Kq O{».261 lt< : Cuo *A O{150'fl+40 +<>4 U,/I:I,42 octvd 1 k=uwaiv, 4%.. :::%:44# Details of the application are given in the attached documents & plans (list what documents & plans have been provided to the party being asked to provide written approval): 2«40 44 j.'' 3% #k'. ::<Sh. ilf h U fej :"<<44-41 34144 p i. *- P /<Pm.. - '. */. 442<. < /7/*4749% -21*%40. <:04 IN«.2 1. dnfasq-04 S #LUckvza40 104&1 * rtaw-, U.OL Pv 0 erpojet)< 3 60*v:tho.i»: I 4. 0(L Lot I Dea'252'6 4 td' 2" DP4 12 rt)<3 4 24 no. 4610 1 04.1.4 28-03- aots 5. 6. Notes to Applicant: 1. Written approval must be obtdined from all registered owners and occupiers. 2. The original copy of this signed form and signed plans and accompanying documents must be supplied to the Far North District Council. 3. The amount and type of information provided to the party from whom you seek written approval should be sufficient to give them a full understanding of your proposal, its effects and why resource consent is needed. PAGE 1 of 2
PART B - To be completed by Parties giving approval 4-4 Notes to the party giving written approval: 1. If the owner and the occupier of your property are different people then separate written approvals are required from each, 2. You should only sign in the place provided on this form and accompanying plans and documents if you fully understand the proposal and if you support or have no opposition to the proposal. Council will not accept conditional approvals. If you have conditions on your approval, these should be discussed and resolved with the applicant directly. 3. Please note that when you give your written approval to an application, council cannot take into consideration any actual or potential effects of the proposed activity on you unless you formally withdraw your written approval before a decision has been made as to whether the application is to be notified or not After that time youcan no longer withdraw your written approval. 4. Please sign and date all associated plans and documentation as referenced overleaf and return With this form. 5. If you have any concerns about giving your written «approval orineed helpunderstanding this process, please feel free to contact the duty planner on 0800 920 029 or (09) 401 5200. Full hame/s of partygiving L M 51uv+cp- + 7 J t 041 Jain approval: Address of affected property including legal description Contact Phone Number/s Davt and email address cafoh' 3 54- A L.:00 jp a.,0 a 12,cad Lot j DP 1 45-1 to 3 69 & 9 email: 1 am/we are the OWNER(S) / OCCUPIER(S) of the property (circle which is applicable) Please note: in mostinstances the approval of all the legal owners and the occupiers of the affected property will be necessary. 1. 1/We havejbeen provided with the details concerning the application submitted to Coundl and understand the proposal and aspects of non-compliance with the Operative District Plan. 2. la/ve have signed each page of the plans and documentation in respect of this proposal (these need to accompany this forrn). 3. Ime understand and accept that once 1/we give my/our approval the Consent Authority (Council) cannot take account of any actual or potential effect of the activity and/or proposal upon me/us when considering the application and the fact that any such effect may occurshall>riot be relevant grounds upon which the Consent Authority may refuse to grant the application. 4.1/We understand thatat anytime before the notification decision is made on the application, 1/we may give notice in writing to Council that this approval is withdrawn. Signature.,t-- Signature 16*92/ Signature Date / 4-9 20/ r Date lit '09 / 4 - Date Signature Date Private Bag 752, Memorial Ave, Kaikohe 0440, New Zealand, Freephone: 0800 920 029, Phone: (09) 401 5200, Fax: 401 2137, Email: ask.us@fndc.govt.nz, Website: www.fndc.govtnz PAGE 2 of 2
. it. / 1/1 1 */r\ LOT 2 19.445Ha F. 1 4 I & (Balance Lot) \ 1* i e t./' Lot 2 ' a, DP 171727 i 4 4-2 / 1 f-0.04. A. AMAGAMATION CONDIHON ; Lot 1 Lot* i DP317221 1.7322 Lohereont«behetdinth $*me Computer Freehold Registeras 2 lot ZDP 493500 4903 6 3 OF 492500.9 -' 4. 23150 9 I Lot 2 #tioll l 1 02492500 P 398968 8 t 5 2.9370 80,4005' 0 tur Lot2 0 0 DP 4318274-4 -. U 0.4080 + f /Lotl ' 12 1 40193 LOT 1-0.365Ha : 1 3 1 DP 181615 f - t %4605 4 -. B i 41% *- Fl5*pi#01603 DP 1 Lott 10 43402 -- 0.6000 0,8558,2#117 *4 I -. r..e- pkme a k il- - 4 3 1.. V 4% A 2 % t A P *2 - * 43, I I. --* 4*1%z, I. NO» *# 4 I -.3.. I4% r - >< if «:- 0. V. 44*t Ati 494, *- 1 + f, 0 0 I h 24 4:/. 1- > 99 0 A. S r 4 1. 63> 74.. 49 f 44 g I..3 9% /10*:. I, D. 0. I../ Ah»»4», iver : 50/0/0/51. 1. 34==/ # e t#ang= t 44. %»hu.1 r 42*t C. 740*7 I / 4.3.: r - 419..1 2.»»72214 >*s' e,-.*r S :s A El Prl;3 h Elirne PROPOSED SUBDIVISION Date OR!VAL Survev SCALE 1 SuRVEy OF LOT 1 DP 92525, 82' EmaH: kerikeri@isurvey.co.nz 0-9310 i 1)V 2&03-18 i Ph: (09).4917360 Fax (Q914ff77377 Brovec Regitem loidsun,eye/, Pboners & lond Developmenteonsukonts _1 PREPARED FOR: POT'TER Re' C 111000 AS Series I - 93105clene130328-,eMC.cd fsheet 1 oil j