APPLICATION FOR RESOURCE CONSENT ASSESSMENT OF ENVIRONMENTAL … · 2018-05-14 · Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and Draft Monitoring and

ARTIFACT PROPERTY LIMITED

APPLICATION FOR RESOURCE CONSENT

&

ASSESSMENT OF ENVIRONMENTAL EFFECTS

TO

CONSTRUCT A NEW MIXED USE BUILDING COMPRISING A

RETAIL TENANCY AND NINE DWELLINGS

AT

113 JERVOIS ROAD,

HERNE BAY,

AUCKLAND

PREPARED BY

NOVEMBER 2017

TABLE OF CONTENTS

SITE DESCRIPTION AND SURROUNDS ..............................................................................................2

Site description ..........................................................................................................................................2

Surrounding environment ..........................................................................................................................4

THE PROPOSAL ........................................................................................................................................5

Site Layout .................................................................................................................................................5

Design ........................................................................................................................................................6

Civil works and groundwater .....................................................................................................................9

Infrastructure..............................................................................................................................................9

Street tree works ......................................................................................................................................10

Bus stop relocation ..................................................................................................................................10

Consultation .............................................................................................................................................11

REASONS FOR THE APPLICATION ..................................................................................................11

Auckland Unitary Plan (Operative in Part) ..............................................................................................11

EFFECTS ON THE ENVIRONMENT ...................................................................................................12

H11.7(4) New buildings ..........................................................................................................................13

H11.7(8) Activities that do not meet Standard H11.6.1 Building Height, H11.6.2 Height in relation to

boundary, H11.6.4 Yards, and H11.6.8 Outlook .....................................................................................17

H11.8.2(8)(f) Buildings that do not comply with the Outlook standard ..................................................34

E7.8.1(6) Diversion and take of groundwater ..........................................................................................35

E26.4.7.2(1) All restricted discretionary activities relating to infrastructure works within the protected

root zone of a street tree ...........................................................................................................................36

E27.8.1(9) Any activity or development which infringes the standards for design of parking and loading

areas or access under Standard E27.6.3 ...................................................................................................37

E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction applies under

Standard E27.6.4.1(1) ..............................................................................................................................38

SECTION 104 ASSESSMENT .................................................................................................................38

Actual and Potential Effects on the Environment (s104(1)(a))................................................................39

Any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the

environment to offset or compensate for any adverse effects on the environment (s104(1)(ab)) ...........39

Any Relevant Provision of a National Environmental Standard (s104(1)(b)(i)) .....................................40

Any Relevant Provision of a Regulation, National Policy Statement, and New Zealand Coastal Policy

Statement (s104(1)(b)(ii-iv)) ...................................................................................................................40

Regional Policy Statement or Proposed Regional Policy Statement Any Relevant Provision of a Plan or

Proposed Plan (s104(1)(b)(v-vi)) .............................................................................................................40

Any Other Relevant Matters (s104(1)(c)) ................................................................................................43

Part 2 Matters ...........................................................................................................................................44

RECOMMENDED CONDITIONS .........................................................................................................45

CONCLUSION ..........................................................................................................................................45

LIST OF ATTACHMENTS

Attachment 1: Certificate of Title

Attachment 2: Architectural Drawings

Attachment 3: Architectural Design Report

Attachment 4: Infrastructure Report

Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and Draft

Monitoring and Contingency Plan

Attachment 6: Arboricultural Assessment

Attachment 7: Traffic Impact Assessment

Attachment 8: Pre-application meeting minutes

Attachment 9: Summary of Consultation with Neighbours

Attachment 10: Environment Court Decision

Attachment 11: Unitary Plan Rule Compliance Checklist

APPLICATION FOR A LAND USE CONSENT

Form 9

APPLICATION FOR REOURCE CONSENT

UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991

TO: Auckland Council

Private Bag 92300

Auckland 1142

1. Artifact Property Limited C/- Bentley & Co. Limited at the address for service below

applies for the following type of resource consent:

▪ Land use consent

▪ Water permit (diversion of groundwater)

2. The activity to which the application relates is a proposal to construct a new residential

apartment building comprising nine dwellings and a ground-floor retail tenancy at 113

Jervois Road, Herne Bay.

Without limitation, the proposal has been assessed to require consent for the following

reasons:

Auckland Unitary Plan (Operative in Part)

Auckland-wide Rules

▪ The proposed basement will require a permanent groundwater ‘take’ during winter

months when the groundwater level rises above the lowest basement level. A water

take which does not comply with Standards E6.1.6(2) and (3) is a Restricted

Discretionary activity pursuant to Rule E7.4.1 (A20);

▪ The excavation will require a temporary water take (in the event that excavation

occurs during winter), and the depth of the excavation will be greater than the

horizontal separation from neighbouring structures pursuant to Standard E7.6.1.10

(5). This is a Restricted Discretionary activity pursuant to Rule E7.4.1 (A28);

▪ The proposal involves works within the protected root zone of three street trees

within Jervois Road to establish new stormwater and wastewater pipelines. This is

a Restricted Discretionary activity pursuant to Rule E26.4.3.1 (A88);

▪ The proposal involves the construction and use of a vehicle crossing where a

Vehicle Access Restriction applies (arterial classification of Jervois Road),

pursuant to Standard E27.6.4.1(3). This is a Restricted Discretionary activity

pursuant to Rule E27.4.1 (A5);

▪ The proposal requires refuse and delivery trucks to reverse manoeuvre from the site

to Jervois Road (consistent with the existing situation). This is a Restricted

Discretionary activity pursuant to Rule E27.4.1 (A2);

▪ The minimum formed width of the ramps at the basement entry and between

basement levels -1 and -2 will be one-way (3m) serving either 11 or 16 vehicles,

where a minimum of 5.5m is required pursuant to Standard E27.6.4.3 (T153). This

is a Restricted Discretionary activity pursuant to Rule E27.4.1 (A2);

▪ The proposed gradient of the basement ramps will be 1 in 4, where a minimum

gradient of 1 in 5 is required pursuant to Standard E27.6.4.4 (T157). This is a

Restricted Discretionary activity pursuant to Rule E27.4.1 (A2);

Business – Local Centre Zone Rules

▪ New buildings in the Business – Local Centre zone are a Restricted Discretionary

activity pursuant to Rule H11.4.1 (A45);

▪ The proposed building infringes Standard H11.6.1 Building height, by a maximum

of 2.8m (relative to the 16m occupiable building height) and 0.77m (in relation to

the total building height). This is a Restricted Discretionary activity pursuant to

Rule C1.9(2);

▪ The proposed building infringes Standard H11.6.2 Height in relation to boundary.

This is a Restricted Discretionary activity pursuant to Rule C1.9(2). The proposed

infringements to Standard H11.6.2 are as follows:

o Northern boundary: 7.7m (high) by 14.97m (wide);

o Western boundary: 15.26m (high) by 30.52m (wide);

▪ The proposed building infringes Standard H11.6.4 Yards. This is a Restricted

Discretionary activity pursuant to Rule C1.9(2). The proposed infringements to

Standard H11.6.4 are as follows:

o Rear yard (northern boundary): 3m (deep) by 15.1m (wide);

o Side yard (western boundary): 3m (deep) by 33.5m (wide);

▪ The outlook spaces from the third bedroom/media room measure 2.38m in depth

and 3m in width, whereas a minimum dimension of 3m and 3m is required by

Standard H11.6.9. This is a Restricted Discretionary activity pursuant to Rule

C1.9(2).

3. The site at which the proposed activity is to occur is as follows:

(a) Address: 113 Jervois Road, Herne Bay

Legal Description: Lot 4 DP 3989 (NA190/264)

(b) The natural and physical characteristics of the site are described in the

Assessment of Environmental Effects.

4. The applicant is the owner of the land to which this application relates.

5. There are no other activities that are part of the proposal to which this application

relates.

6. No additional resource consents are needed for the proposal to which this application

relates.

The applicant will apply to subdivide the building in a strata unit title arrangement

following receipt of the resource consent for the subject application.

7. I attach an assessment of the proposed activity’s effect on the environment that-

(a) includes the information required by clause 6 of Schedule 4 of the Resource

Management Act 1991; and

(b) addresses the matters specified in clause 7 of Schedule 4 of the Resource

Management Act 1991; 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 Resource Management Act 1991.

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 Resource Management Act 1991,

including the information required by clause 2(2) of Schedule 4 of that Act.

10. I attach the following further information required to be included in this application

by the District Plan, the Resource Management Act 1991, or any other regulations

made under the Act:

Attachment 1: Certificate of Title

Attachment 2: Architectural Drawings

Attachment 3: Architectural Design Report

Attachment 4: Infrastructure Report

Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and

Draft Monitoring and Contingency Plan

Attachment 6: Arboricultural Assessment

Attachment 7: Traffic Impact Assessment

Attachment 8: Pre-application meeting minutes

Attachment 9: Summary of Consultation with Neighbours

Attachment 10: Environment Court Decision

Attachment 11: Unitary Plan Rule Compliance Checklist

Signature: Artifact Property Limited

by its authorised agents Bentley & Co. Limited:

……………………………………...

Anthony Blomfield

Date 10 November 2017

Address for Service of applicant:

C/- Anthony Blomfield

Bentley & Co. Limited

PO Box 4492

Shortland Street

Auckland 1140

Telephone: (09) 309 5367

Mobile: 021 1339 309

Email: [email protected]

Address for Fees/Charges for the application:

Artifact Property Limited

Liam Joyce

[email protected]

022 645 6028

ASSESSMENT OF ENVIRONMENTAL EFFECTS


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PROPERTY DETAILS

Site Address: 113 Jervois Road, Herne Bay

Site Area: 507m2

Unitary Plan Zoning: Business – Local Centre

Unitary Plan overlays/constraints: N/A

Unitary Plan Controls: Macroinvertebrate Community Index

Designations: Airspace Restriction Designation – ID 8302, Satellite earth

station transmission parts, Television New Zealand Ltd

Roading Hierarchy: Jervois Road is an Arterial Road

Locality diagram:

Figure 1: Site Photograph – 113 Jervois Road, Herne Bay (Source: Auckland Council GeoMaps)


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SITE DESCRIPTION AND SURROUNDS

Site description

1. The subject site comprises the property at 113 Jervois Road, with an area of 507m2. The site

has rectangular shape and the topography of the site slopes downwards from south to north

with a vertical fall of approximately 2.5m. A copy of the Certificate of Title is appended as

Attachment 1.

2. As shown in Figure 2 and Figure 3 below, the site is bound by Jervois Road to the south, a

detached dwelling (zoned Business – Local Centre (“Local Centre”)) to the east, a detached

dwelling (zoned Residential – Mixed Housing Urban (“MHU”)) to the north, and a private

driveway to the west servicing two separate properties to the northwest. This adjoining

driveway is subdivided into two lots, each with a different zoning reflecting that of the site

it services. Figure 3 below illustrates that the eastern side of the driveway (servicing the

property at 135 Jervois Road) is zoned Residential – Single House (“SH”) and the western

side of the driveway (servicing the property at 137 Jervois Road) is zoned MHU. Further to

the west, the properties adjoining the northern side of Jervois Road are zoned Local Centre,

and to the east the properties are zoned Local Centre, MHU (2 Hamilton Road) and

Residential – Terrace Housing and Apartment Building (“THAB”).


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Figure 2: Aerial photograph of the subject site (Source: Auckland Council GeoMaps)

Figure 3: Zoning pattern of the surrounding environment (Source: Auckland Unitary Plan Maps)


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3. The site is occupied by a single storey detached villa located towards the frontage of the site,

and a single level detached car port within the north eastern corner of the site. The villa is

clad with timber weatherboard, and has a gabled roof form. The front boundary is

demarcated by a rendered stone wall with a semi-permeable design, and landscaping to the

rear of the wall. To the north of the villa, the site is landscaped with vegetation, and fence

and hedge at the northern boundary. The western and eastern boundaries are demarcated by

timber fencing.

4. The site is connected to the public water supply and waste water network. The site is not

connected to the public stormwater network.

5. Auckland Council’s GeoMaps system illustrates that the site has been occupied by a

residential building since 1940, the earliest aerial photograph provided on the mapping

system. As such, it is not considered that any HAIL activities have occurred on the site that

would warrant the preparation of a Preliminary Site Investigation in respect of soil

contamination.

Surrounding environment

6. As explained in the Design Report (Attachment 3), the wider area is characterised by a

range of commercial, retail and residential activities. In the vicinity of the site, the northern

side of Jervois Road is primarily occupied by detached residential buildings, with some

houses occupied by commercial activities, including the property to the west of the adjoining

driveway (that abuts the western boundary of the site). To the north of the site, the land is

predominantly residential, and is subject to the Special Character Residential B overlay

(despite this characteristic being sparse).

7. The southern side of Jervois Road is occupied by retail and commercial activities, including

several ‘historic’ buildings. Buildings on the southern side of Jervois Road have a

continuous street frontage and range in height from one to four storeys. Further to the east,

the land is zoned Residential – Terrace Housing and Apartment Buildings and is occupied

by a variety of residential building typologies, including a contemporary three storey

apartment building on the corner of Jervois Road and Hamilton Road (adjoining the

Ponsonby Bowling Club) and two apartment ‘tower’ buildings further to the east.

8. The site is located within the retail and commercial area of Jervois Road. The Local Centre

zoning of the subject site, and the linear pattern of this zoning along the northern and

southern sides of Jervois Road will facilitate a change in the form and scale of development

along Jervois Road over time, particularly the northern side of Jervois Road which was


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previously subject to a low-density residential zoning in the legacy Isthmus District Plan.

This land (and the subject site) is unencumbered by any special character or heritage

constraints.

9. A bus stop is located in front of the site on Jervois Road, including a bus shelter that is

situated on the northern side of the pedestrian footpath adjacent to the site boundary. The

footpath is also occupied by several mature street trees.

10. The proposed building is the first of its kind within the immediate vicinity of the site,

however there are various examples of apartment style living at various heights and densities

within the surrounding environment.

THE PROPOSAL

11. Artifact Property Limited proposes to construct a new five storey building comprising a

55m2 retail unit at ground level with frontage to Jervois Road, nine residential units and three

“half levels” of sub-basement parking servicing 16 vehicles. All existing structures on the

site will be demolished.

12. The proposed layout of the site and design of the building, including materiality and

landscaping is set out in full in the architectural drawing package appended within

Attachment 2 and the Design Report appended as Attachment 3.

13. The subdivision of each unit will be undertaken following the granting of resource consent.

Site Layout

14. The main pedestrian entrance to the dwelling contained within the building is provided

centrally from within the ground floor lobby of the building, with direct pedestrian access

from Jervois Road, as well as to the retail tenancy to the west of the lobby. Vehicle access

to the three “half levels” of basement car parking is provided from the eastern end of the

Jervois Road frontage.

15. Nine high quality residential apartments will occupy the balance of the building, including

one apartment to the rear of the retail unit at ground floor, and eight apartments on levels 2-

5 above. Outdoor living areas are provided to the north and east or west relative to the

configuration of the respective unit.

16. The proposed building has been designed to step down the slope from Jervois Road.

Basement levels will provide for 16 parking spaces for residents of the building, a waste

collection area and storage cupboards. The existing vehicle access from Jervois Road will


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be retained and widened to facilitate two way vehicle movements into the site including a

waiting bay, before the basement ramp narrows to a single-width access.

17. The ground floor of the building comprises a 55m2 retail premise1 at the western side of the

frontage to Jervois Road. The retail tenancy will be self-contained, and will not have access

to the balance of the internal spaces of the building. There will be no parking spaces

allocated to the retail tenancy.

18. A three-bedroom residential apartment dwelling (Unit 1A) will be located at ground level to

the rear of the retail unit, accompanied by a north facing garden terrace that will be situated

on the roof of the basement level (Level -1) below. The dwelling is situated at a higher level

than the ground-floor retail unit and is referred to as “Level 1” within the drawing set

appended as Attachment 2.

19. Level 2 of the building will contain two apartment dwellings. Unit 2A will comprise two

bedrooms and a media/bed room; and Unit 2B will comprise three bedrooms and a media

room. The floor layout is set out such that each unit occupies either the eastern or western

half of the building, each with dual aspect to the north (including an outdoor loggia), with

bedrooms facing south with outlook to Jervois Road. This layout also enables the provision

of an east or west facing landscaped “winter garden” balcony located centrally within the

apartment unit, optimising morning or afternoon sun. The northern elevation of the loggia

aligns with the northern elevation of the building below (for Unit 1A) being 7.39m from the

northern boundary.

20. Levels 3, 4 and 5 will contain two apartment units each, which will have the same general

internal layout as Units 2A and 2B, however the layout of the open plan kitchen, living and

dining room is reconfigured to facilitate a stepped building form. The northern elevation of

Levels 3 and 4 is situated 8.97m from the northern boundary, and the northern elevation of

Level 5 is situated 10.53m from the northern boundary.

21. The roof will comprise of a shallow pitched roof space behind a parapet, such that it will not

be readily visible at street level. The roof will have internal gutters.

Design

22. The architectural design of the building is contemporary in nature. The ground floor will

have a floor-to-ceiling height of some 4m, and as shown in Figure 4 below, the retail tenancy

and pedestrian entry to the building will be clad with full-height glazing to promote and

1 A tenant is yet to be secured for the retail premises but it is intended that a retail activity will occupy the premises.


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encourage visibility into the retail premise and interaction with the street environment, and

to optimise sunlight access. The vehicle entry will be open. The floors and walls of the

ground floor spaces will be clad with a tile material. The ground floor will be flanked on

either side by a low-height pre-cast concrete wall.

Figure 4: Jervois Road (southern) elevation of the proposed building (Source: Design Report)

23. Above the open-sided and spacious ground floor, the southern façade comprises a unique

curved ‘Thermosash Shadegrate’ aluminium mesh cladding arrangement fronting Jervois

Road, as illustrated in Figure 5 below. The Design Report appended as Attachment 3

explains that the façade has been designed as a modern interpretation of the traditional bay

window, evident on traditional buildings in the surrounding Herne Bay environment.

Curved aluminium mesh

material

Retail tenancy Building entrance Basement vehicle entrance


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Figure 5: Perspective view of the southern elevation mesh cladding from the footpath (Source: Design Report)

24. The glazing of the rear elevation steps relative to the northern boundary, as set out above.

Each of the apartment units will be provided with planted ‘winter garden’ themed outdoor

loggias and balconies providing outlook to the north, optimising sunlight and aspect. The

terrace for the unit on Level 1 will be bound by a solid planter box. The outer façade of the

loggias on Levels 2, 3 and 4 will be clad with full-height glazed folding doors which will

enable the entire width of the loggia to be opened. A fixed glass balustrade will be located

behind these doors. The outdoor balcony for the units on Level 5 will comprise a glazed

balustrade, while the roof space above Level 4 will be inaccessible. The ends of the concrete

floor slabs between each level of the building will be visible on the northern elevation and

otherwise unadorned.

25. The eastern and western building elevations will be predominantly clad with pre-cast

concrete panelling with a vertical texture, which will be finished with a ‘mid-grey’ colour.

The cladding material will have a consistent vertical edge at the northern end of these

elevations. A recessive screen cladding will be used for the projecting elements at Levels 1

and 2 to provide additional screening to the internal floor areas.

26. The winter garden balconies within the western and eastern building elevations will provide

a recessed ‘groove’ within these elevations for the full height of the building.

27. The building incorporates a range of opportunities for landscaping and planting. Two tiers

of landscaping are proposed to be located along the northern boundary above the roof of the


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basement levels below which will comprise plantings and ivy which will grow over the

northern, eastern and western walls of the basement. The landscaping above Level -3 will

be accessible for maintenance purposes via a door from Level -1. Each of the loggias will

provide sheltered spaces with sufficient space for residents to situate potted plants, and

vertical gardens will be established on the dividing walls between the loggias on each level.

Civil works and groundwater

28. Earthworks are required to be undertaken within the site to establish the basement levels. It

will be necessary to undertake approximately 1,192m3 of earthworks across the site (507m2).

29. The necessary earthworks will be undertaken with appropriate sediment control measures

for the duration of the earthworks period, as set out on the Erosion and Sediment Control

Plan appended to the Infrastructure Report (Attachment 4).

30. The proposed basement will vary in depth below ground level relative to the stepped

arrangement. The internal finished floor level of Level -2 will have an RL of 39.6m and

Level -3 will have an RL of 38.2m. It is assumed that a further excavation of 0.5m will be

required below these internal RL levels to construct the basement subgrade. The basement

excavation for Level -3 (being the deepest excavation within the site) will be 1.2m below

the winter groundwater table, with reference to the groundwater monitoring contained in the

appended Geotechnical Investigation and the Draft Monitoring and Contingency Plan

(Attachment 5).

31. With regards to the groundwater levels recorded to date, it may be necessary for a

groundwater diversion to be undertaken if earthworks are undertaken during winter months.

A permanent groundwater diversion following construction is necessary to divert

groundwater from the basement. To address this, the proposal is to incorporate a sub-

drainage system beneath the basement slab, and a leak-hole system to allow groundwater

into the basement which will then be collected and pumped from the basement to the

reticulated network.

Infrastructure

32. As set out in the appended Infrastructure Report (Attachment 4), the site is currently

connected to the reticulated public water network, being a 150mm diameter public

watermain located within Jervois Road. The public network has the capacity to

accommodate the proposal, and the private connection within the site is proposed to be

replaced with a 40mm diameter pipe. The necessary supply for fire-fighting is available.


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33. The site is currently serviced by a public 100mm diameter wastewater connection within

Jervois Road however due to a blockage in the network, the point at which the line connects

with the reticulated network is unclear (following a review of the CCTV footage undertaken

by the applicant). In this respect, it is anticipated that the property is connected to the 150mm

diameter public combined wastewater line within Sentinel Road. This network has capacity

to accommodate the proposed volume of wastewater and the existing 100mm diameter

connecting line will be replaced with a 150mm diameter pipe to service the site. The

unknown pipe between the site connection and the reticulated network will be investigated,

and repaired if in a non-functioning condition.

34. The existing site is not connected to the stormwater network. It is proposed to install a new

300mm diameter stormwater pipeline within the footpath on the northern side of Jervois

Road to connect the site with the existing public stormwater network located within Sentinel

Road (375mm diameter, increasing to 600mm diameter downstream). The Infrastructure

Report explains the proposed location of the pipe and placement of manholes required to

connect the site with the network in Sentinel Road. The proposed pipe is designed to

accommodate additional connections from other properties along its route. The pipe will be

installed using thrusting methods.

35. The site will be appropriately serviced by the necessary gas, electricity and

telecommunication utility services.

Street tree works

36. As explained above, the proposal involves constructing a new stormwater line, and

potentially the repair of an existing wastewater line, within the Jervois Road reserve,

specifically within the pedestrian footpath. Three street trees are located within the affected

footpath, and a scheduled notable tree located at 141 Jervois Road overhangs the footpath,

such that it will be necessary to carryout works within the protected rootzone of the trees to

construct the stormwater line and upgrade the existing wastewater line.

37. The works within the protected root zone of the trees will be undertaken in accordance with

the protection methodologies set out in the appended Arboricultural Report (Attachment 6).

Bus stop relocation

38. There is an existing bus stop and shelter, and a bike lock rack, located within the footpath to

the front of the subject site. The shelter is located directly to the front of the proposed retail

tenancy, and the yellow no-stopping lines of the bus stop extend over the proposed vehicle


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crossing. As explained within the Traffic Impact Assessment (Attachment 7), the

applicant’s traffic engineer has met with Auckland Transport at the site to discuss the

relocation of the bus stop and shelter. The relocation of the bus stop and shelter was

supported by Auckland Transport, and two potential relocation positions were agreed, both

to the east of the site. The applicant’s Traffic Engineer is currently awaiting confirmation

from Auckland Transport as to their preferred option. The applicant is willing to accept an

appropriately worded condition to facilitate the relocation of the bus stop and shelter.

Consultation

39. The applicant has met with representatives of Auckland Council to discuss the proposal and

to seek feedback. Copies of the minutes of the pre-application meetings are appended as

Attachment 8.

40. The applicant has met with the owners of the properties at 1/137 Jervois Road, 4A and 4B

Hamilton Road, respectively. A summary of this consultation is appended as Attachment

9.

REASONS FOR THE APPLICATION

Auckland Unitary Plan (Operative in Part)

41. All necessary consents are sought by the applicant in respect of the proposal under the

Unitary Plan. The Unitary Plan became operative in part on 15 November 2016, and has

been annotated by Auckland Council to identify those provisions that are excluded from

operative approval under section 160 of the Local Government (Auckland Transitional

Provisions) Act 2010 (LGATPA), and clause 20 of Schedule 1 of the Resource Management

Act 1991, namely those provisions that remain subject to the Environment Court and High

Court under the LGATPA.

42. Specific to the subject site and the scope of the proposal, it is noted that the following

relevant provisions of the following sections of the Unitary Plan are not subject to any

appeals, and are therefore “operative” (and any equivalent provisions of the legacy District

Plan or Regional Plans are “inoperative”):

(a) Chapter 7 (Taking, using, damming and diversion of water and drilling);

(b) Chapter E8 (Stormwater discharge and diversion);

(c) Chapter E12 (Land disturbance – District);


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(d) Chapter E26.4 (Network utilities and electricity generation – Trees in roads and open

space zones and the Notable Trees Overlay);

(e) Chapter E27 (Transport); and

(f) Chapter H11 (Business – Local Centre zone).

43. In respect of Chapter E27 (Transport), the Unitary Plan records that an Environment Court

appeal has been lodged by The National Trading Company of New Zealand Limited (ENV-

2016-AKL-000191), Kiwi Property Group and Kiwi Property Holdings Limited (ENV-

2016-AKL-000192), and Progressive Enterprises Limited (ENV-2016-AKL-000201) in

relation to Auckland Council’s decision to include maximum parking standards in the Local

Centre zone for particular activities including retail. These appeals have been resolved, and

a decision has been issued by the Environment Court (appended as Attachment 10).

Therefore, the rules of the Unitary Plan, as amended by the Court Order issued by the

Environment Court, are to be treated as ‘operative’, and the relevant rules of the legacy

District Plan as ‘inoperative’.

44. A comprehensive review of the provisions of the Unitary Plan and the extent of compliance

with the relevant provisions is appended to this application (refer Attachment 11), which

determines the reasons for consent.

45. The reasons for this consent are set out in the ‘application’ document. Overall, the proposal

requires consent as a restricted discretionary activity.

EFFECTS ON THE ENVIRONMENT

46. As a restricted discretionary activity, Council can only consider those matters over which it

has restricted its discretion in respect of the Unitary Plan. The specific matters over which

Council has restricted its discretion are as follows:

(a) H11.7(4) New buildings;

(b) H11.7(8) Activities that do not meet the standards (in respect of the proposed

infringements to Standard H11.6.1 Building Height, H11.6.2 Height in relation to

boundary, H11.6.4 Yards, and H11.6.8 Outlook);

(c) E7.8.1(6) diversion of groundwater;

(d) E26.4.7.1(1) all restricted discretionary activities relating to infrastructure works

within the protected root zone of a street tree;


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(e) E27.8.1(9) any activity or development which infringes the standards for design of

parking and loading areas or access under Standard E27.6.3; and

(f) E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction

applies under Standard E27.6.4.1(1).

47. In addition to the above, clause C1.8(3) of the Unitary Plan provides that: “the absence of

any specific reference to positive effects in the objectives, policies, matters of discretion or

assessment criteria does not mean that any positive effects of allowing an activity are not

relevant to the consideration of an application for resource consent for that activity”.

Accordingly, positive effects will be addressed when considering the above matters of

discretion.

48. Having regard to the matters over which Council has restricted its discretion, and the

associated assessment criteria that are contained within the Unitary Plan, the following

assessment of environmental effects is provided.

H11.7(4) New buildings

49. The relevant assessment criteria in the Unitary Plan for the consideration of new buildings

in the Local Centre zone refer to the relevant policies for the zone contained within Chapter

H11.3. As they relate to the design of buildings, these policies are concerned with the extent

to which the design and appearance of new buildings positively contribute to the planning

and design outcomes for the Local Centre zone (Policy H11.3(3)(a)), the visual quality and

interest of the public street environment (Policy H11.3(3)(b)), and to pedestrian amenity,

movement, safety and convenience (Policy H11.3(3)(c)).

50. The proposed building has been designed to provide a unique, contemporary, highly

activated and articulated frontage to Jervois Road. The combination of retail and residential

activities within the building enables a range of architectural features to be incorporated at

different levels of the building, presenting a positive appearance to the street scene and

public environment.

51. The scale of the building, as it is appreciated from the public streetscape, will provide a sense

of enclosure at the street level, which will be further enhanced as the Local Centre zoned

land on Jervois Road is developed. The scale of the building positively contributes to the

planning outcomes of the Local Centre zone, which “typically enables” development up to

(but does not limit to) four storeys. The quality of the design of the building is commensurate


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with its scale and proportions, which will positively contribute to the planning and design

outcomes for the Local Centre zone.

52. The ground level of the building comprises a retail premise and entry lobby that has been

designed with a generous floor-to-ceiling height such that it can be adapted for a range of

activities over time to contribute to the character and vitality of the streetscape. The floor-

to-ceiling height of the ground floor is significantly greater than the residential levels above,

to enhance the visual prominence of the ground floor frontage.

53. The southern half of the ground floor of the building is predominantly glazed. The side (east

and west) elevations have been ‘cut away’ (as shown in Figure 6 below) to provide visual

permeability to the retail premise on the western elevation, and the basement ramp on the

eastern elevation, and to activate the frontage of the building to the adjacent streetscape. The

glazing of the southern and western elevations of the retail premise will be inset from the

pre-cast concrete material on the building façade above and beyond the retail premise, to

create the appearance of a glazed ‘box’ sitting within the form of the building. The walls

and floor will be clad with a coloured tile material to provide a consistent design aesthetic.

The design will provide an attractive and interesting street frontage, and the proposed extent

of glazing will provide a high degree of visibility into and out of the building.

54. The pedestrian entrance to the building fronts Jervois Road, which provides a clear and

legible pedestrian access arrangement, to provide a high level of amenity, safety and

convenience for pedestrians. The car parking is contained within three sub-basement levels

and parked vehicles will not be readily visible from the street. As discussed further below,

the open-sided basement ramp allows good visibility and sightlines for both drivers and

pedestrians.


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Figure 6: Perspective view of the ground floor from the south-west of the building (Source: Design Report)

55. The upper levels of the building will appear to ‘float’ above the base of the building. The

design of the curved mesh screen on the street front elevation will provide a modulated and

attractive street frontage that will positively contribute to the character and amenity of the

streetscape. The mesh cladding will also provide an appropriate balance between passive

surveillance to the street and privacy for the residents within the bedrooms in each apartment.

56. While the east and west elevations of the proposed building do not directly face or adjoin

the streetscape, the facades will be visible from Jervois Road until the adjacent Local Centre

zoned properties are developed. The western elevation adjoins the driveway to the

residential dwellings at 135 and 137 Jervois Road, such that the façade will continue to be

partially visible when the property at 139 Jervois Road is developed.

57. The east and west elevations of the building will be clad with a textured pre-cast material

which will avoid a blank appearance, and have been articulated to incorporate an L-shaped

‘cut’ into the building which visually breaks up the length of the flank elevations. This

elevation feature provides for an eastern or western facing ‘winter garden’ balcony that can

be planted to provide vertical landscaping on each elevation, and will introduce human

‘activity’ to the elevations. The massing diagrams in Figure 7 below illustrate the L-shaped

‘cut’ into the building on each flank elevation.


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Figure 7: Massing diagrams illustrating the L-shaped ‘cut’ in the building form (Source: Design Report)


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H11.7(8) Activities that do not meet Standard H11.6.1 Building Height, H11.6.2 Height in

relation to boundary, H11.6.4 Yards, and H11.6.8 Outlook

58. With regards to the assessment criteria in clause H11.8.2(8)(a), the policies of Chapter H11

of the Unitary Plan that are directly related to the height and height in relation to boundary

standards of the Local Centre zone are as follows:

(3) Require development to be of a quality and design that positively contributes to:

(a) planning and design outcomes identified in this Plan for the relevant zone;

(b) the visual quality and interest of streets and other public open spaces;

(8) Require development adjacent to residential zones and the Special Purpose –

School Zone and Special Purpose – Maori Purpose Zone to maintain the amenity

values of those areas, having specific regard to dominance, overlooking and

shadowing.

59. The assessment criteria also refer to Policies H11.3(13) and H11.3(14), which relate to

enabling or restricting the zone height control in “identified locations” with regard to

particular criteria. These policies implement the Height Variation Control in the Local

Centre zone, which is not applied to the subject site. Notwithstanding this, these policies are

addressed for completeness.

60. With regards to the assessment criteria in clause H11.3(8)(c), the policies of Chapter H11 of

the Unitary Plan that are directly related to the yard standard of the Local Centre zone include

Policies H11.3(3)(b) and (8) identified above, and in addition, include:

(3) Require development to be of a quality and design that positively contributes to:

(c) pedestrian amenity, movement, safety and convenience for people of all ages

and abilities.

(7) Require at grade parking to be located and designed in such a manner as to avoid

or mitigate adverse effects on pedestrian amenity and the streetscape.

61. The proposal does not involve at-grade parking areas, and therefore Policy H11.3(7) is not

relevant to the consideration of potential effects of the respective yard infringements.

62. The stated purpose of the height, height in relation to boundary and yard standards of the

Local Centre zone are as follows:


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H11.6.1 Building height

Purpose:

• manage the effects of building height;

• allow reasonable sunlight and daylight access to public open space excluding

streets and nearby sites;

• manage visual dominance effects;

• allow an occupiable height component to the height limit, and an additional

height for roof forms that enables design flexibility, to provide variation and

interest in building form when viewed from the street;

• enable greater height in areas identified for intensification; and

• provide for variations to the standard zone height through the Height Variation

Control, to recognise the character and amenity of particular areas and provide

a transition in building scale to lower density zones.

H11.6.2 Height in relation to boundary

Purpose:

• manage the effects of building height;

• allow reasonable sunlight and daylight access to public open space excluding

streets and neighbouring zones; and

• manage visual dominance effects on neighbouring zones where lower height

limits apply.

H11.6.4 Yards

Purpose:

• provide a landscaped buffer between buildings and activities and adjoining

residential zones and some special purpose zones, to mitigate adverse visual and

nuisance effects; and

• ensure buildings are adequately setback from lakes, streams and the coastal

edge to maintain water quality, amenity, provide protection from natural

hazards, and potential access to the coast.

63. With regards to the relevant policies and the stated purpose for the height and height in

relation to boundary standards, infringements to these standards are concerned with the

potential effects on public spaces and the streetscape, and on adjacent residentially zoned

land. In respect of the effects on residential properties, the policies are specifically

concerned with the effects of dominance, overlooking and shadowing.


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64. With regards to the relevant policies and the stated purpose of the yard standard, an

infringement to this standard is concerned with providing a visual/spatial buffer from

activities occurring on commercial sites.

Technical infringements to western boundary

65. The adjoining site fronting Jervois Road (139 Jervois Road) is zoned Local Centre.

However, this property is separated from the subject site by the driveway to the two rear

sites at 135 and 137 Jervois Road. The eastern half of the driveway (adjoining the site) forms

part of the northernmost rear site at 135 Jervois Road, and is zoned Single House. The

western half of the driveway forms part of 137 Jervois Road and is zoned Mixed Housing

Urban.

66. As a consequence of this arrangement, the western boundary of the site is subject to the bulk

and location standards that apply at the interface with a residential zone, rather than the

typical boundary interface standards that would otherwise apply where two properties zoned

Local Centre are adjoined. Therefore, resource consent is required for a technical

infringement to the height in relation to boundary and yards standards.

67. The portion of the adjoining sites which relates to the western boundary of the subject site is

used for the sole purpose of providing access to the properties to the north-west, and does

not contain any buildings, habitable rooms or private outdoor spaces. In this respect, the

driveway has a functional purpose and low amenity. The application of the standards at this

interface have the effect of precluding a reasonable and appropriate scale of development,

consistent with the outcomes anticipated for the Local Centre zone, and would not result in

an appreciably different level of amenity for the adjacent driveway, but would result in a

built form outcome that is perverse relative to the nature and form of development

encouraged by the zone.

68. Having regard to the location of the dwellings at 135 and 137 Jervois Road and their

relationship with the subject site, the relevant effects to be assessed are those that are

potentially generated by the infringement to the height standard, and the height in relation to

boundary and yard standards that apply to the northern boundary of the site. This is assessed

further below.

69. Notwithstanding the above, and for completeness, the western elevation of the building has

been designed to be visually broken into smaller components, and the proposal will have the

positive effect of removing the existing untidy fencing along this boundary and introducing

a contemporary building element to the environment. The design of the elevation avoids


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direct overlooking to the dwellings on neighbouring residentially zoned sites. The shading

diagrams set out in the appended Design Report demonstrate that the shading generated by

the proposed building will move from the adjacent driveway by 1pm at all times of the year,

which will maintain a reasonable standard of sunlight access to the driveway.

70. Overall, with regards to the functional and low amenity context of the adjacent land to the

west, and the technical nature of these infringements as a consequence of the anomalous

subdivision pattern, the proposed infringements to the height in relation to boundary and

yards standards as they relate to the western boundary of the subject site are acceptable, such

that the built form will not unreasonably affect the amenity values of the neighbouring land.

Relationship with the Public Realm

71. At the southern boundary (the frontage with Jervois Road), the building infringes the 16m

‘occupiable’ building height standard by a maximum of 1.31m. As illustrated in Figure 8

below, the southern elevation of the building is 17.31m in height, illustrating that while part

of the upper portion of the building (which is occupiable) exceeds 16m, the roof of the

building is located beneath the 18m height standard at this elevation.

Figure 8: East elevation of the proposed building illustrating the height infringement at the southern elevation (Source:

Architectural Drawing RC-032)

72. The additional height of the building enables the retail premise at ground floor to have a

generous floor to ceiling height of 4m, enhancing the functionality and amenity of the space


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and the relationship of the ground floor activity with the streetscape. Above ground level,

each residential dwelling has a floor to ceiling height of 2.8m, providing an appropriate level

of internal amenity for residents.

73. The extent to which the scale and design of the building positively contributes to the planning

outcomes for the Local Centre zone, and to the visual quality and interest of the streetscape

(Policies H11.3(3)(a) and (b)) has been addressed in the preceding analysis. It is concluded

that the contemporary architectural design will positively contribute to the visual quality of

the street, both in respect of the ground level amenity for pedestrians, and at the upper levels

of the building.

74. The premise of the height control (including an occupiable and roof component) is to enable

flexibility in design and diversity in form and roof profiles along the street, to create an

interesting (rather than monotonous) roof line within centres. While the proposed building

incorporates a flat roof with an internal gutter arrangement, the upper part of the southern

façade is visually interesting particularly where the curved mesh material meets the roof,

enclosed by the concrete outer ‘frame’ within which it sits.

75. The building progressively exceeds the building height standard towards the rear of the site

as the topography of the site falls from south to north. The rear part of the site, while visible

from the public realm (until such time when adjoining properties are similarly developed to

reflect the intended outcome of the Local Centre zone), is sufficiently set back

(progressively) from the street frontage to avoid the potential adverse dominance effects

upon the pedestrian environment.

76. While five storeys in height, the design of the building is in keeping with the scale enabled

within Local Centres (16-18m high buildings). As discussed, the building is of a high quality

architectural design, and the detail and treatment of each façade will reduce the apparent

scale of the building when viewed from the public realm and streetscape environment,

specifically: the curved southern façade; the depth and shadow created by the mesh screen;

and the modulation provided by ‘breaking’ the flank elevations into two elements by the L-

shape ‘cut out’. In this respect, the height infringement generated by the building at the

southern boundary will not be appreciable, relative to a compliant built form, particularly

noting the height standard enables a greater overall height (including roof forms which could

reasonably incorporate vertical parapets).

77. In terms of shading, the purpose of the height control states that the road reserve is not

intended to be considered in such an assessment. Notwithstanding that, the height of the


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building at the street frontage is otherwise consistent with that of a compliant building and

will not generate undue shading effects.

78. Overall, the proposal is consistent with the intended outcomes of the Local Centre zone, will

positively contribute to the streetscape environment, and the design of the building will

appropriately mitigate the potential adverse effects arising from the additional height and

scale of the building such that the proposal will not result in adverse effects upon the

surrounding public realm.

Relationship with Properties to the North

79. The proposal involves an infringement to the building height standard towards the rear of

the site, and the height in relation to boundary and yard standards as measured from the

northern boundary. Having regard to the commonalities of the purpose of the height and

height in relation to boundary controls, it is appropriate to consider the effects of these

infringements together, as both infringements relate to the upper two and a half levels of the

building within the rear half of the site. These standards are primarily concerned with

managing the effects of height on adjacent zones which have a lower building height.

Therefore, the following assessment addresses the potential effects to the residentially zoned

properties to the north of the subject site, shown in Figure 9 below.


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Figure 9: Adjoining residentially zoned properties (Source: Modified from Auckland Council GeoMaps)

80. With reference to those policies which are referred to by the assessment criteria for an

infringement to the height and height in relation to boundary standards, Policy 8 states:

“Require development adjacent to residential zones…to maintain the amenity values of those

areas, having specific regard to dominance, overlooking and shadowing.”

81. With reference to the shading diagrams contained in the Design Report, as a consequence of

the location of the subject site to the south of the residentially zoned land identified in Figure

9 above, the shading generated by the proposed building will not affect any residentially

zoned properties to the north. Correspondingly, the proposed infringing element of the

building will not affect access to sunlight or daylight to the existing dwellings occupying

these properties.

4B Hamilton Road

82. The two storey residential dwelling occupying the property at 4B Hamilton Road is

orientated to the north, and all of the internal and external living spaces are located to the

north of the building. The southern part of the property is occupied by a driveway which

accesses a garage and a parking area. The front door to the dwelling is located on the

135 Jervois Road

137 Jervois Road

4B Hamilton Road

4A Hamilton Road

Adjacent Local Centre

zoned properties


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southern elevation, beneath a first floor projection. The southern boundary of this property

(the northern boundary of the subject site) is demarcated by a tall fence which is located

within the subject site, together with a mature hedge. The property at 4B Hamilton Road, as

seen from the subject site, is shown in Figure 10 below.

Figure 10: 4B Hamilton Road, as seen from the subject site (Source: Author)

83. As set out within the appended Design Report (pages 42 – 44), the windows on the southern

elevation of the building at 4B Hamilton Road relate to non-habitable rooms within the

dwelling, and are clad with movable privacy louvres. As illustrated on page 44 of the Design

Report, a compliant development (by setting back the upper levels to comply with the height

in relation to boundary control) would enable similar or more direct outlook towards the

southern facade, as opposed to the more acute outlook associated with the proposed

arrangement, the design of which mitigates the extent to which the outlook from the

balconies of the upper two levels (which do not comply with the height in relation to

boundary standard) are available.

84. The upper levels of the building will be visible from the driveway and garage area of the

property at 4B Hamilton Road. In this respect, the scale of the building and the infringing

portion of the building will be appreciable, relative to an otherwise compliant built form.

85. The proposal will necessitate the removal of the existing fence and hedge which is located

at the northern boundary, however this will be replaced by ivy and hedging on the elevation


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and roof of Level -3, and within planting strips on Level 1, which will provide a multi-

layered landscaped treatment. The loggias for each of the apartment units will incorporate

vertical gardens on the walls dividing the loggias between units on each level, which will

introduce a landscaped aesthetic to the building.

86. The massing of the building is progressively setback from the shared boundary with 4B

Hamilton Road. The northern façade of the building will be clad with folding borderless

glazed panels and glazed ‘return’ walls (on the eastern and western flanks of the building)

for the loggias for Levels 2 to 4, and with an open-air balcony demarcated by a glazed

balustrade for Level 5 which will assist to provide a recessive appearance to the top floor.

The visible ‘solid’ materials of the northern façade will be limited to the concrete floor slabs

between each level of the building and the end of the roof. The materiality and design of the

building will provide a lightweight, transparent appearance, and the folding doors will

provide a dynamic façade (as opposed to a static, solid facade). The alternate treatment of

the outdoor living areas contributes to the visual interest of the building, and avoids

presenting a monolithic appearance. Overall, the design of the building, together with the

landscaping proposed, will appropriately mitigate the effects of visual dominance relative to

the limited outlook from 4B Hamilton Road.

87. The lowest basement level (Level -3) will extend to the northern boundary, projecting out of

the ground by some 1.3m to 1.7m adjacent to the northern boundary. The existing fence

situated on the northern boundary (and planting on the neighbouring site), shown in Figure

11 below, will be removed and replaced by ivy plants which will grow over the northern

wall of basement level -3, together with an additional 1.5m high hedge on the roof of this

basement level. The landscaping proposed at the northern boundary will effectively reinstate

the existing hedge at the boundary.


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Figure 11: Northern side of the hedged fence on the northern boundary of the site, as seen from the driveway of 4B

Hamilton Road (Source: Author)

88. The rear wall of the outdoor terrace in Unit 1A is situated 3m from the rear boundary,

consistent with the yard requirement, and will incorporate a planter box at the edge of the

terrace with ivy and Japanese maple trees to contribute to the landscaped aesthetic. The

proposed landscaping will be maintained to continue to provide the landscaped buffer at this

boundary. Having regard to the proposed landscaping and the scale of the building located

within the rear yard, the proposal will appropriately provide an appreciable landscaped

buffer between the building and the adjacent residentially zoned property at 4B Hamilton

Road, consistent with the purpose of the yard standard.

4A Hamilton Road

89. The residential dwelling at 4A Hamilton Road is orientated to the west, and incorporates a

western facing courtyard and swimming pool which are bound by a solid wall on the

southern and western boundaries and mature planting along the western boundary, together

with a first floor balcony with western outlook. The property at 4A Hamilton Road, as seen

from the subject site, is shown in Figure 12 below.


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Figure 12: 4A Hamilton Road, as seen from the subject site (Source: Author)

90. The property at 4A Hamilton Road is located approximately 10m from the ground floor

terrace in Unit 1A, 12m from the two storey element (Levels 1 and 2), and 13m from the

upper levels (Levels 3-5) of the building. While outlook to the proposed building will be

available from 4A Hamilton Road, particularly from the first floor, these separation distances

together with the proposed wall and planting situated along the rear boundary of the property

at 4A Hamilton Road will mitigate the potential for overlooking from the apartments in the

proposed building. The rear elevation of the proposed building includes flank walls that

partially extend along the eastern side of each loggia of Levels 1 and 2, directing outlook to

the north, rather than obliquely to the east towards the property at 4A Hamilton Road. The

loggias for Levels 3 and 4 will not incorporate screening material, however the outlook from

these spaces is naturally drawn to the north, while the glazing assists to mitigate the ‘solidity’

of the building mass. The balustrade to the outdoor balcony of Level 5 is setback from the

outer edge of Level 4 beneath, such that outlook is inherently screened and directed outward

to the north. As such, views to 4A Hamilton Road will be oblique in nature, rather than

directly into the rear courtyard or to the first floor windows/balcony.


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91. The proposal incorporates the replacement of the fence along the northern boundary with

climbing plants and hedging on the basement elevation on the southern boundary of 4B

Hamilton Road, which will provide further screening of the proposal. The lightweight

architectural treatment of the building, together with the proposed landscaping to the

elevation, as set out above in respect of 4B Hamilton Road, will ensure that the building will

not appear monolithic from this property.

92. The portion of the building which infringes the height standard is limited to the fifth storey,

noting that the subject site and the property at 4A Hamilton Road do not share a boundary

and therefore the height in relation to boundary standard is not applicable. The progressive

stepping back of the building form, separation distance and refined architectural treatment

of the building will appropriately mitigate the potential adverse visual dominance effects

that may have otherwise arisen from the upper level of the proposed building, and will result

in a built form that is comparable with an otherwise compliant built form at four storeys.

137 Jervois Road

93. The residential property at 137 Jervois Road is occupied by nine attached residential units.

The eastern-most unit (1/137 Jervois Road) is two storeys and primarily has outlook to the

north, and secondarily to the east over the shared driveway from an eastern facing balcony

with a vertical window facing south and a sliding door facing north to the adjacent rooms,

which appear to provide light to the rooms they serve, rather than outlook. The window

facing the proposed building appears to be secondary to those on the northern elevation.

94. The southern elevation comprises two opaque windows at the first floor and two opaque

windows on the ground floor. The outdoor area within the rear of the property is utilised for

storage, rather than to provide outdoor amenity for the residents, and is not accessible from

the dwelling. The primary outdoor area is located to the north of the building. The dwelling

at 1/137 Jervois Road, as seen from the subject site, is shown in Figure 13 below.


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Figure 13: 1/137 Jervois Road as seen from the subject site (Source: Author)

95. Outlook towards the subject site is available from the eastern balcony and the southern-

facing vertical window of the unit at 1/137 Jervois Road. The eastern balcony of the unit

will be situated some 10m from the wall of the outdoor terrace for Unit 1A, some 14m from

the two-storey element (Levels 1 and 2) and 17m from the upper levels (Levels 3-5) of the

proposed building. The building has been designed with progressive setbacks which assist

with mitigating the overall scale of the building by breaking down the building into vertically

appreciable components. While the proposed building will be visible from the eastern facing

balcony, the separation distances and architectural treatment and landscaping of the building

will appropriately manage the potential adverse visual dominance effects from the building.

96. The western flank wall partially extends along each loggia for Levels 1 and 2, directing

views to the north, rather than towards the north west, and the separation distances discussed

above are considered to be sufficient to maintain an appropriate sense of privacy for the

adjoining residents when utilising the eastern facing balcony. The angle of outlook from the

loggias of Levels 3 and 4 and the balcony of Level 5 is such that residents are naturally

looking outwards and to the north, as opposed to looking downwards towards the unit at

1/137 Jervois Road.

97. The balance of the dwellings at 137 Jervois Road comprise of 1 or 2-storey units which are

orientated to the north (2-7/137 Jervois Road) or to the west (8 and 9/137 Jervois Road). The

dwellings which are orientated to the north comprise opaque glazing to the south, and service

courts within the rear yards which do not appear to provide outdoor amenity space for the


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dwellings. The western-most units which have aspect to the east are primarily orientated to

the west, with private open spaces located to the west of the dwellings. All of the private

open spaces for these units are screened from the subject site by intervening built form, such

that the proposal will not result in overlooking of these spaces.

98. Having regard to the orientation of the units at 2-9/137 Jervois Road, the proposed

architectural design and landscaping, and the separation distances between these units and

the proposed building, the proposal will not be appreciably different to an otherwise

compliant built form in terms of visual dominance and overlooking, from these units.

135 Jervois Road

99. The residential property at 135 Jervois Road is occupied by nine residential units within one

building. The units are primarily orientated to the north to optimise outlook and access to

sunlight. The southern elevation of the building contains glazing, which is orientated

towards an at-grade parking/manoeuvring area, and the parking area for the units at 137

Jervois Road. The western units within the building on this property are screened by mature

trees. The primary private outdoor spaces associated with these units are located within

north-facing balconies. The building at 135 Jervois Road, as seen from the driveway to the

property, is shown in Figure 14 below.


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Figure 14: 135 Jervois Road as seen from the driveway to the property (Source: Author)

100. The unit at the eastern end of the building will be situated some 38m from the wall of the

outdoor terrace for Unit 1A, some 42m from the two-storey element (Levels 1 and 2) and

44m from the upper levels (Levels 3-5) of the proposed building. These dwellings are

primarily orientated to the north, and the proposed built form will not implicate this outlook

or the amenity of the private outdoor spaces associated with each dwelling. The separation

between the proposed building and the dwellings on 135 Jervois Road is sufficient to

mitigate any potential overlooking, such that the proposal will not be appreciably different

from a compliant building, in this regard.

101. With regards to the preceding analysis of the effects on the dwelling at 1/137 Jervois Road,

the proposal will not generate unacceptable adverse effects on the amenity of those dwellings

on 135 Jervois Road in respect of visual dominance or overlooking.

Other Residentially Zoned Properties

102. The property located at 8 Hamilton Road is occupied by several attached dwelling units

which are all orientated towards private and communal open spaces within the central


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portion of this property (located to the north of the building), and do not have primary

outlook towards the subject site (with the southern elevations being used for garages and

front doors). The property is bound by hedging, and is visually screened from the subject

site by this landscaping and the intervening built form and landscaping within 4A and 4B

Hamilton Road.

103. The subject site is screened from the property at 4 Hamilton Road by the intervening built

form at 4A Hamilton Road. The proposed infringement to the height standard will not be

appreciable, relative to the scale and bulk of built form that is enabled to occur on the

adjacent sites at 111 and 109 Jervois Road pursuant to the Local Centre zoning.

104. With regards to the preceding analysis of effects on those properties which are immediately

adjacent to, or which have outlook to, the subject site, the potential adverse effects arising

from the height infringement on properties further to the east, north and west, including 4

and 8 Hamilton Road, are not significant relative to that of a compliant building.

Adjoining Properties on Jervois Road

105. The adjacent properties at 111 and 139 Jervois Road are occupied as a residential dwelling

and a dental clinic, respectively. The height in relation to boundary control does not apply

to the interface with the adjacent Local Centre zoned properties, and the purpose of the

standard is to manage the effects of dominance and shading (sunlight and daylight) on

neighbouring ‘zones’, thereby excluding an assessment of the proposal of land with the same

zoning as the subject site. Similarly, the yard setback does not apply at this interface, and is

only concerned with the interface with residentially zoned land.

106. While it is appropriate to consider the potential effects of the proposed building height on

these properties, specifically 111 and 139 Jervois Road, these sites have the same zoning as

the subject site, and are able to utilise the development opportunity provided by the Local

Centre zone to similarly construct a 16-18m high building.

107. The building progressively infringes the height standard to the north as a consequence of the

natural ground contour. At the southern end of the site, the extent of the height infringement

is not significant, and the overall scale of the building is consistent with the outcomes

anticipated by the height standard for the Local Centre zone (including 2m for roof forms).

The balance of the building continues this height to the south to present a visually coherent

and efficient building, as opposed to vertically lowering the built form, which would

compromise the floor-to-ceiling heights of the dwellings and the efficiency of the basement

parking access ramps.


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108. The height infringement is generated by Level 5 of the building. The northern elevation of

Level 5 is closely aligned with the northern elevations of the buildings on the adjacent

properties at 111 and 139 Jervois Road, as shown in Figure 15 below. In this respect, the

building will not be appreciable within the primary northern aspect of these buildings. As

set out in the shading diagrams within the Design Report, the shading generated by the

proposed building will not be appreciably different to an otherwise compliant built form.

With regards to the extent of the infringement with the height standard, the proposal will not

generate adverse dominance effects which are appreciably different from the adjacent Local

Centre zoned properties to that of a compliant built form. When these properties are

developed in the future to optimise the development opportunity enabled by the zoning in

the Unitary Plan, this infringement will be indistinguishable.

Figure 15: Diagram illustrating the relationship of the northern elevations of the proposed building and the

adjacent properties (Source: Architectural Drawing RC-009)

Policies H11.3(13) and H11.3(14)

109. As set out in the preceding analysis, Policies H11.3(13) and (14) are concerned with raising

or lowering the permitted height within the Local Centre zone in particular locations, should

Northern elevation of

Levels 3-5


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particular criteria be satisfied. These policies are given effect to by the Height Variation

Control, and are therefore irrelevant to the subject site and the proposal.

110. Notwithstanding the above, Policy H11.3(13) sets out the ‘criteria’ which must be satisfied

to justify a greater height limit than the standard height control for the zone. These criteria

are:

(a) Whether greater height is an efficient use of land;

(b) Whether greater height supports public transport, community infrastructure and

contributes to centre vitality and vibrancy;

(c) Whether, considering the size and depth of the area, the greater height can be

accommodated without significant adverse effects on adjacent residential zones; and

(d) Whether the greater height is supported by the status of the centre in the centres

hierarchy, or is adjacent to such a centre.

111. The additional height of the building provides for two additional dwellings. The overall

proposal for nine dwellings (and a retail tenancy) is an efficient use of land. The building

will adjoin Jervois Road which is a key public transport route, and is serviced by a bus stop

in close proximity to the site. The intensity of activity is consistent with supporting public

transport and community infrastructure in the vicinity of the site. The high quality of the

design and materiality of the building will support and enhance the vibrancy of the Local

Centre, and the proposal will increase the supply and variety of housing in this area which

contributes to the vitality of the Local Centre. With regards to the preceding analysis, the

proposal will appropriately mitigate the potential adverse effects generated by the scale and

bulk of the building. Further, the scale of the building will support the status of the Local

Centre zone in the centres hierarchy, and will not result in a scale of built form that would

be more appropriate in a Town Centre zoning.

H11.8.2(8)(f) Buildings that do not comply with the Outlook standard

112. Within the Local Centre zone, an outlook space is required for a principal living room with

a minimum dimension of 6m in depth and 4m in width, and for all other habitable rooms

with a minimum dimension of 3m in depth and 3m in width. In this case, all of the proposed

living rooms and the bedrooms facing Jervois Road meet this requirement.

113. The proposal involves a media room/third bedroom with outlook to the central winter

garden, which has a depth of 2.29m where 3m is required to meet the outlook requirement.

However, the facing wall across the winter garden is a floor to ceiling window to the open


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plan dining, kitchen and living room such that outlook is taken into these spaces also, rather

than to a solid wall. Oblique views are also available to the east and west respectively. The

outlook arrangement from the media room/third bedroom (with an infringement of 71cm)

provides an appropriate level of amenity for residents.

E7.8.1(6) Diversion and take of groundwater

114. With regards to the appended Geotechnical Investigation prepared by Riley Consultants

(Attachment 5), the basement level will be lower than the measured winter groundwater

level, resulting in the permanent diversion of groundwater during winter months and

consequentially, a permanent water ‘take’ during these months resulting from the diversion

of groundwater into the retaining wall and basement slab drainage. The basement also may

be excavated and constructed during winter months and consent is sought, for completeness,

to temporarily take groundwater during this time.

115. Having regard to the assessment provided by Riley Consultants, the potential for differential

ground settlement on neighbouring properties is unlikely as the proposed permanent and

temporary water take is within the range of seasonal groundwater fluctuation, and therefore

there will be no groundwater drawdown beyond natural seasonal fluctuation.

116. Riley Consultants have undertaken additional detailed analysis of the potential effects of the

basement excavation in relation to adjacent structures and infrastructure services

(Attachment 5). This analysis confirms that the combined horizontal and vertical ground

settlement generated by the proposed basement retaining wall (8mm horizontal and 3.3mm

vertical) to the adjacent structure at 111 Jervois Road (being the closest structure to the

proposed basement) will be within the tolerance limits outlined in the New Zealand Building

Code Handbook. The analysis by Riley Consultants states that the effects of differential

ground movement on the dwelling at 111 Jervois Road will be “negligible”, and that the

buildings at 139 Jervois Road and 4B Hamilton Road are less ‘critical’ such that effects will

similarly be less than minor. The analysis also confirms that the risk to public assets within

Jervois Road and the access driveway to 135 and 137 Jervois Road is low.

117. The Geotechnical Investigation identifies a range of mitigation measures that may be

implemented during construction, where necessary, to ensure that the proposal will not result

in adverse effects on neighbouring properties, and further/ongoing groundwater monitoring

to confirm the seasonal fluctuation. A Draft Monitoring and Contingency Plan is appended

as Attachment 5, which will be updated as part of the detailed design process. Works will


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be undertaken in accordance with the mitigation measures, and the Monitoring and

Contingency Plan.

118. With regards to the analysis and mitigation measures set out in the Geotechnical

Investigation prepared by Riley Consultants, the adverse effects generated by the proposal

on groundwater and neighbouring structures are negligible, and can be appropriately

mitigated during construction (in the event that works occur during winter) and on a

permanent basis.

E26.4.7.2(1) All restricted discretionary activities relating to infrastructure works within the

protected root zone of a street tree

119. The proposal involves the construction of a stormwater line and a wastewater line within the

footpath of Jervois Road to connect the site with the public networks located within Sentinel

Road. These works will occur within the protected root zone of three street trees and of a

notable tree located within 141 Jervois Road. The site is inadequately serviced by reticulated

infrastructure, and cannot be efficiently connected to the stormwater or wastewater

reticulated networks at an alternative location, without disturbing private properties and

requiring legal easements to protect these assets. Therefore, the proposed infrastructure has

a functional and operational need to be located within the road reserve.

120. The exact location of the pipeline will be determined during the detailed design of the

proposal. It is proposed that the pipes will be installed using trenching methods at a depth

greater than 1m below ground level. A series of pilot holes will be required during

construction to monitor the alignment of the pipelines relative to other sub-grade

infrastructure.

121. The proposal has been assessed by Arborlab (Attachment 6), which concludes that the

trenching/thrusting methodology proposed for the works will ensure that the works will pose

“minimal risk to the trees”, and that the depth of the pipelines is below the majority of root

activity. With regards to the pilot holes, the Arboricultural Report sets out a methodology

for undertaking such works to ensure the health of the trees is not adversely affected.

122. With regards to the analysis contained in the Arboricultural Report, the proposed

infrastructure works within the road reserve will not generate adverse effects on the health

and integrity of the trees. The proposed protection measures will ensure that the proposed

works will be appropriately managed.


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E27.8.1(9) Any activity or development which infringes the standards for design of parking

and loading areas or access under Standard E27.6.3

123. The infringements generated by the proposal to Standard E27.8.1(9) of the Unitary Plan

relate to the requirement for waste collection trucks to reverse manoeuvre off the site, and

the minimum width and gradient of the access ramps.

124. As set out in the appended Traffic Impact Assessment (Attachment 7), as the waste

collection is not a daily occurrence, and the collection truck drivers will be regular users of

the site access, the reverse manoeuvre can be safely managed. Refuse collection trips will

typically occur during the day outside of peak traffic hours, such that traffic volumes on

Jervois Road will be lower. The Traffic Impact Assessment states that the vehicle access

will “enjoy a suitable standard of sight lines and inter-visibility between drivers and all other

road users”. Overall, with regards to the analysis undertaken by Traffic Planning

Consultants, the requirement for such trucks to reverse manoeuvre from the site to Jervois

Road is considered to be appropriate, and will not generate adverse effects on the safety of

pedestrians, or on the capacity and function of the road network.

125. With regards the width of the access ramps, the design of the access ramps to the basement

levels have been designed to cater for one-way flows. As a consequence, the entry to the

basement at the Jervois Road frontage of the site has been designed with the waiting bay for

vehicles to park as exiting vehicles use the ramp. As stated in the appended Traffic Impact

Assessment, the anticipated vehicle flows from the site is expected to be no more than three

vehicles per hour, or one movement on the ramps every 20 minutes, and as a consequence

the risk of vehicles conflicting with each other is low. Within each of the basement levels

there is sufficient space for vehicles to pass each other between the ramps, and there is

sufficient sight lines between vehicles to ensure that the basement levels will operate

efficiently.

126. As set out in the Traffic Impact Assessment, the gradient of the access ramps cannot be

designed to comply with the minimum standards of the Unitary Plan as a consequence of the

constraints of the site. Suitable transitions are provided at each end of each ramp to assist

the movement of vehicles on these ramps. The Traffic Impact Assessment states that the

design and gradient of the access ramps “will not cause any adverse effects on the road

network”.


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E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction applies

under Standard E27.6.4.1(1)

127. The proposed development will utilise the existing vehicle crossing on the subject site, and

will widen the crossing at the front boundary. As a consequence of the arterial classification

of Jervois Road, this vehicle crossing is subject to a Vehicle Access Restriction. As set out

in the appended Traffic Impact Assessment, the proposed vehicle crossing provides for two-

way movement which will result in an improved arrangement relative to the existing

situation which requires vehicles to reverse manoeuvre on to the road. The analysis prepared

by Traffic Planning Consultants confirms that the crash analysis data from NZTA shows

there are no reported accidents relating to the existing vehicle crossing.

128. As set out above, the proposed vehicle crossing will have sufficient sight lines and inter-

visibility between drivers and all other road users in both directions. In this respect, and

with regards to the low volume of anticipated traffic generated by the proposal, the use of

the vehicle crossing from Jervois Road will not generate unacceptable adverse effects on the

efficient and safe operation of the road network.

SECTION 104 ASSESSMENT

129. Section 104(1) of the Resource Management Act 1991 (RMA) states:

104 Consideration of applications

(1) When considering an application for a resource consent and any submission received, the consent

authority must, subject to Part 2, have regard to-

(a) any actual and potential effects on the environment of allowing the activity; and

(ab) any measure proposed or agreed to by the applicant for the purpose of ensuring positive

effects on the environment to offset or compensate for any adverse effects on the

environment that will or may result from allowing the activity; and

(b) any relevant provisions of—

(i) a national environmental standard:

(ii) other regulations:

(iii) a national policy statement:

(iv) a New Zealand coastal policy statement:

(v) a regional policy statement or proposed regional policy statement:

(vi) a plan or proposed plan; and

(c) any other matter the consent authority considers relevant and reasonably necessary to

determine the application.

130. With regards to an application for a restricted discretionary activity, section 104C of the

RMA states:

104C Determination of applications for restricted discretionary activities


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(1) When considering an application for a resource consent for a restricted discretionary activity, a

consent authority must consider only those matters over which—

(a) a discretion is restricted in national environmental standards or other regulations:

(b) it has restricted the exercise of its discretion in its plan or proposed plan.

(2) The consent authority may grant or refuse the application.

(3) However, if it grants the application, the consent authority may impose conditions under section 108

only for those matters over which—

(a) a discretion is restricted in national environmental standards or other regulations:

(b) it has restricted the exercise of its discretion in its plan or proposed plan.

131. The provisions of s104(1) of the RMA are considered below.

Actual and Potential Effects on the Environment (s104(1)(a))

132. An assessment of effects has been undertaken above, where it was concluded that any actual

or potential effects of the proposal upon the environment will be appropriate, relative to the

context and characteristics of the subject site and the surrounding area, and will be

appropriately avoided, remedied or mitigated. The form and nature of the proposed

development is considered to be consistent with the outcomes that are envisaged by the

Unitary Plan for the site, and represents an appropriate form and scale of development for

the receiving environment.

133. In addition, the proposal will also result in positive effects, in that it will enable the efficient

use of the land to provide an additional nine residential dwellings, being an increase of eight

dwellings compared with the existing situation, which assists to address the existing housing

demand in the Auckland region. The design and materiality of the proposed building is of a

high quality, and the proposed building will positively contribute to the visual interest,

pleasantness and quality of the adjacent streetscape, and the planning and design outcomes

envisaged by the Unitary Plan for this environment. In this respect, the proposed

development will be an appropriate benchmark for future development, particularly as the

land on the northern side of Jervois Road which has been upzoned in the Unitary Plan

(relative to the legacy Isthmus District Plan), and is not subject to heritage/character

constraints, is developed and intensified.

Any measure proposed or agreed to by the applicant for the purpose of ensuring positive

effects on the environment to offset or compensate for any adverse effects on the environment

(s104(1)(ab))

134. There are no adverse effects of significance which are proposed or required to be offset or

compensated by other measures.


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Any Relevant Provision of a National Environmental Standard (s104(1)(b)(i))

135. There are no National Environmental Standards that are relevant to the consideration of the

proposal.

Any Relevant Provision of a Regulation, National Policy Statement, and New Zealand

Coastal Policy Statement (s104(1)(b)(ii-iv))

136. There are no other regulations, National Policy Statements or New Zealand Coastal Policy

Statements that are directly relevant to the consideration of the proposal.

Regional Policy Statement or Proposed Regional Policy Statement Any Relevant Provision

of a Plan or Proposed Plan (s104(1)(b)(v-vi))

Auckland Unitary Plan – Operative in Part

Regional Policy Statement (Chapter B)

137. Chapter B of the Unitary Plan sets out the issues of significance for the Auckland region,

and the priorities and outcomes sought for the management of Auckland’s resources. Of

particular relevance to the proposal, Chapter B includes objectives and policies relating to

‘urban growth and form’ (Chapter B2), and ‘infrastructure, transport and energy’ (Chapter

B3).

138. The proposed redevelopment of the site will allow for the construction of nine new

residential units, and is inherently consistent with the objectives and policies of the Regional

Policy Statement.

139. In terms of the objectives and policies pertaining to ‘urban growth and form’, the proposal

serves to provide high-quality urban intensification in a more compact form to that currently

existing at the site (Objectives B2.2.1(1) and B2.4.1(3) and (4)) which will respond

appropriately to the quality of the built environment (Objective B2.3.1(1) and (2)). The

increased number of dwellings within the site will contribute to a wider increase in housing

supply across the Auckland region. The proposal is well serviced by existing social and

physical infrastructure, and will be appropriately serviced by new stormwater and

wastewater infrastructure which has also been designed to cater for further development

within the catchment (Policy B2.4.2(6)).

140. With reference to objectives and policies of the Regional Policy Statement that relate to

‘infrastructure, transport and energy‘, the preceding analysis has confirmed that the proposal

will provide sufficient onsite parking to service the development, while at the same time


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avoiding, remedying or mitigating any effects on the safe and efficient operation of the

transport network (Policy B3.3.2(5)(e)).

Local Centre Zone (Chapter H11)

141. The objectives for development in the Business zones are concerned with enabling

development that positively contributes towards planned future form and quality, and which

creates a sense of place (Objective H11.2 (3)). Specific to the Local Centre zone, the

objectives are concerned with enabling commercial activity which primarily services local

convenience needs and provide residential living opportunities (Objective H11.2 (6)) in a

scale and intensity that is in keeping with the planning outcomes for the surrounding

environment (Objective H11.2 (7)), and are an attractive place to live, work and visit

(Objective H11.2 (8)).

142. The policies for the Local Centre zone (and the Business zones generally) have been

considered and specifically addressed in the preceding assessment of effects. In addition to

this, the policies specific to the Local Centre zone seek to enable activities that provide for

the local convenience needs of the surrounding area (Policy H11.3 (16)), and to provide for

the expansion of local centres to better provide for community social and economic well-

being, where expansion is suitable for growth in terms of strategic and local environmental

effects (Policy H11.3 (18)), and to require activities adjacent to residential zones to avoid,

remedy or mitigate adverse effects on the amenity values of those areas (Policy H11.3 (20)).

143. As discussed in the preceding analysis, the proposal will achieve the outcomes anticipated

and encouraged by the objectives and policies for the Local Centre zone under the Unitary

Plan.

Transportation (Chapter E27)

144. The objectives for transport are concerned with ensuring land use is integrated with all modes

of transport in a manner which enables the benefits of an integrated transport network to be

realised and the adverse effects of traffic generation are managed (Objective E27.2(1)).

Parking and loading is to support urban growth and the quality compact urban form

(Objective E27.2(3)), and the manner in which it is provided is commensurate with the

character, scale and intensity provided for by the zone (Objective E27.2(4)). Pedestrian

safety and amenity along public footpaths is prioritised (Objective E27.3(4)).

145. The objectives for transport are to be achieved by managing the number, location and type

of parking spaces to support the safe, efficient and effective operation of the transport


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network, the use of more sustainable transport options and the functional and operational

requirements of activities and efficient use of land (Policy E27.3(3)), including limiting the

supply of on-site parking in the Local Centre zone (Policy E27.3(6)). Parking areas shall be

designed and located to avoid and mitigate adverse effects on the amenity of the streetscape

and adjoining sites, and to provide safe access and egress for pedestrians, vehicles and

cyclists while avoiding conflict between these users (Policy E27.3(17)). Vehicle crossings

and associated access ways shall be designed and located to provide for safe, effective and

efficient movement to and from sites, and to minimise conflicts between vehicles,

pedestrians, and cyclists (Policy E27.3(20)).

146. The preceding analysis confirms that the anticipated level of traffic generated by the proposal

can be safely and efficiently accommodated by the site, and that the proposed access and

servicing arrangements are appropriate and will not adversely affect the safety of pedestrians

and other motorists. The parking provided for the proposed dwellings, and the associated

dimensions of the parking and manoeuvring areas, and the access ramps, comply with the

requirements of the Unitary Plan, or are appropriate relative to the outcomes anticipated by

the rules of the Unitary Plan.

Groundwater (Chapter E7)

147. Chapter E7 references the objectives and policies of Chapter E2, as they relate to the take

and diversion of groundwater. The objectives of Chapter E2 are concerned with ensuring

that groundwater is available for ‘use’ provided that the natural values of water are

maintained (Objective E2.2(1)). The policies that relate to the diversion of groundwater seek

to achieve the objectives for water use by ensuring proposals avoid, remedy or mitigate

adverse effects of groundwater diversions on people and communities, that groundwater

diversion does not cause or exacerbate flooding, and by ensuring that monitoring of

groundwater and mitigation of groundwater diversion is incorporated where appropriate

(Policy E2.3(23)).

148. The preceding analysis confirms that the groundwater diversion will be within the range of

the anticipated seasonal fluctuation, and that the proposed temporary and permanent water

take and diversion will not cause adverse effects on adjacent properties or structures, as the

proposal will not result in groundwater drawdown or adverse ground settlement. The

Geotechnical Investigation and the Draft Monitoring and Contingency Plan prepared by

Riley Consultants (Attachment 5) includes appropriate monitoring measures to record


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ongoing groundwater effects, and appropriate conditions of consent are invited by the

applicant in this respect.

149. Overall, the proposed groundwater diversion is not anticipated to cause any adverse effects

on the environment, people or communities, and is consistent with the outcomes anticipated

by the Unitary Plan in this respect.

Infrastructure (Chapter E26)

150. The objectives and policies that relate to infrastructure works within the protected root zone

of street trees are contained in Chapter E17. These objectives are concerned with protecting

trees in roads that contribute to cultural, amenity, landscape and ecological values (Objective

E17.2(1)), and with enabling the safe and efficient development, maintenance, operation and

upgrading of the transport system and utilities while ensuring that the overall ecological and

amenity values provided by trees in roads are maintained (Objective E17.2(3)).

151. The policies seek to achieve these objectives by balancing the safe and efficient

development, operation, use, maintenance and upgrading of infrastructure and utilities with

the protection of trees in roads (Policy E17.3(1)), and by managing trees in roads to protect

their cultural, amenity, landscape and ecological values while acknowledging that multiple

uses occur within roads (Policy E17.3(3)).

152. As set out in the preceding analysis, it is necessary for new stormwater and wastewater

pipelines to be constructed within the road reserve to service the proposed development, as

a consequence of a lack of existing reticulated services. In this respect, the proposed

infrastructure has a functional and operational need to be located within the road reserve.

The Arboricultural Report sets out appropriate protection methods to manage works within

the protected root zone of the existing trees in order to balance the needs of the proposed

infrastructure with the protection of the cultural, amenity, landscape and ecological values

that the trees provide to the streetscape. In this respect, the proposed works can be

appropriately managed to ensure that they are consistent with the outcomes anticipated by

the Unitary Plan with respect to infrastructure works within the protected root zone of street

trees.

Any Other Relevant Matters (s104(1)(c))

153. There are no other relevant matters that require consideration.


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Part 2 Matters

154. The purpose of the Act is to promote the sustainable management of natural and physical

resources. The definition of sustainable management in Section 5 supports the use and

development of resources to enable people and communities to provide for their wellbeing.

This approach is, however, tempered by the requirements of Section 5(2)(a), (b) and (c) to

avoid or manage effects on the environment.

155. The above analysis has taken section 5 of the Act into consideration, and it can be

summarised that the proposed development promotes the sustainable management of the

physical and natural resources in a manner which enables people and the community to

provide for their social and economic wellbeing, and for their health and safety. With

regards to this purpose, the proposal will enable the efficient development of the land

resource in a manner which will increase the housing stock within the Auckland region, and

in a manner which avoids potential risks to the health and safety of people from natural

hazards.

156. With reference to section 6 of the RMA, the following comments are made:

(a) the proposed changes will not adversely affect the natural character of the subject site

or surrounding environment (section 6(a));

(b) the subject site is not identified as containing any “outstanding” natural features or

landscapes (section 6(b));

(c) the subject site is not identified as containing any “significant” indigenous vegetation or

significant habitats of indigenous fauna (section 6(c));

(d) the proposal will not adversely affect any identified ancestral lands, water, sites, waahi

tapu, and other taonga (section 6(e)); and

(e) the proposal will not adversely affect or implicate any historic heritage (section 6(f)).

157. With reference to section 7 of the RMA, the application is considered to represent the

efficient use, development and management of natural and physical resources (section 7(b)),

will maintain and enhance amenity values (section 7(c)) and will not detract from the quality

of the environment (section 7(f)).

158. There are no specific Treaty of Waitangi matters requiring consideration in accordance with

section 8 of the RMA.

159. Overall, the proposal is considered to be fully consistent with Part 2 of the RMA and will

achieve the purpose of the RMA.


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RECOMMENDED CONDITIONS

160. The nature of the proposed development is such that it is considered to be appropriate to

require the development to be undertaken in accordance with the application and the

associated material provided with the application, including the architectural plans, the

mitigation and monitoring procedures set out in the geotechnical analysis, and the tree

protection methods set out in the arboricultural analysis.

CONCLUSION

161. The proposal relates to the development of nine high quality residential apartment units and

a retail premise at 113 Jervois Road, Herne Bay.

162. As detailed in the preceding assessment, the effects of the proposal are readily able to be

sustained by the environment having regard to the amenity and character of the surrounding

area, the capacity of the available and proposed infrastructure and the natural values of the

environment.

163. The proposal is consistent with the objectives and policies of the Unitary Plan, and with the

purpose and principles of the Resource Management Act, being a sustainable development

of the existing physical and natural resources.

Prepared by

Anthony Blomfield

Bentley & Co. Ltd

November 2017

Documents

APPLICATION FOR RESOURCE CONSENT ASSESSMENT OF ENVIRONMENTAL … · 2018-05-14 · Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and Draft Monitoring and