DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL

Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz

DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL

NOTIFICATION UNDER s95A AND S95B AND DETERMINATION UNDER s104

RESOURCE MANAGEMENT ACT 1991 Applicant: Shotover Country Limited RM reference: RM180254 Application: Application under Section 88 of the Resource Management Act 1991

(RMA) for land use consent to establish residential flats associated with the construction of residential units on allotments located within the Rural Zone consented by SH160139

Location: Tonis Terrace, Shotover Country Legal Description: Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139. Current legal

description is Lot 1 Deposited Plan 510123 held in Computer Freehold Register (CFR) 780299

Operative Zoning: Rural General Proposed Zoning: Rural Activity Status: Controlled Date 5 March 2018

SUMMARY OF DECISIONS 1. Pursuant to sections 95A-95F of the RMA the application will be processed on a non-notified

basis given the findings of Section 6.0 of this report. This decision is made by Katrina Ellis, Team Leader Resource Consents, on 5 March 2018 under delegated authority pursuant to Section 34A of the RMA.

2. Pursuant to Section 104 of the RMA, consent is GRANTED SUBJECT TO CONDITIONS

outlined in Appendix 1 of this decision imposed pursuant to Section 108 of the RMA. The consent only applies if the conditions outlined are met. To reach the decision to grant consent the application was considered (including the full and complete records available in Council’s electronic file and responses to any queries) by Katrina Ellis, Team Leader Resource Consents as delegate for the Council.

V5_29/9/16 RM180254

1. PROPOSAL AND SITE DESCRIPTION Proposal and Site Description Consent is sought to establish residential flats associated with the establishment of residential units on Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139 at Shotover Country. The applicant has provided a detailed description of the proposal, the site and locality in the report entitled ‘Information & Assessment of Environmental Effects – Shotover Country Limited – Land Use Consent: Residential Flat’ prepared by Karen Hanson of Clark Fortune McDonald & Associates and submitted as part of the application (hereon referred to as the applicant’s AEE and attached as Appendix 2). This description is considered accurate and is adopted for the purpose of this report. Site History To summarise the site history, the subject site was part of a subdivision approved through SH160139 for 101 residential allotments and associated land use consent to construct residential units on all 101 allotments. The subject site is known as Stage 15 of the Shotover Country Development. The development approved by SH160139 is split across the Shotover Country Special Zone and the Rural General Zone. Within the Shotover Country Zone, residential flats are a permitted activity and do not require resource consent, hence this application relates solely to the residential allotments located within the Rural General Zone. The subdivision authorised by SH160139 has not yet had s223 or s224c certificates issued. 2. ACTIVITY STATUS 2.1 THE DISTRICT PLAN OPERATIVE DISTRICT PLAN The subject site is zoned Rural General and the proposed activity requires resource consent for the following reason:

• A controlled activity resource consent pursuant to Rule 5.3.3.2 [viii] for the establishment of a residential flat on Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139. Council’s control is limited to this matter.

Overall, the application is considered to be a controlled activity. PROPOSED DISTRICT PLAN Council notified the first stage of the Proposed District Plan on 26 August 2015. The Proposed District Plan included the proposed rules for the Rural Zone and the proposed rules for Temporary Activities. There are no rules with immediate legal effect in relation to the proposed development. The second stage of the District Plan was notified on 23 November 2017. There are no rules within this stage which are relevant to this application. 2.2 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING

CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH Based on the Preliminary Site Investigation prepared on behalf of the applicant/the applicants review of Council records, the piece of land to which this application relates is not a HAIL site, and therefore the NES does not apply. 2.2 OVERALL ACTIVITY STATUS Overall the application is considered to be a controlled activity.

V5_29/9/16 RM180254

3.0 SECTION 95A PUBLIC NOTIFICATION 3.1 Step 1 – Mandatory public notification The applicant has not requested public notification of the application (s95A(3)(a)). Public Notification is not required in terms of refusal to provide further information or refusal of the commissioning of a report under section 92(2)(b) of the Act (s95A(3)(b)). The application does not include exchange to recreation reserve land under section 15AA of the Reserves Act 1977 (s95A(3)(c)). 3.2 Step 2 – Public notification precluded Public notification is not precluded by any rule of national environmental standard (s95A(5)(a)). The proposal is precluded from notification as the application is a controlled activity (s95A(b)(ii)). As such, no section 95(D) assessment of effects on the environment is required and Step 3 does not apply. 3.3 Step 4 – Public Notification in Special Circumstances There no special circumstances in relation to this application. 4.0 EFFECTS ON PERSONS Section 95B(1) requires a decision whether there are any affected persons (under s95E). The following steps set out in this section, in the order given, are used to determine whether to give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A. 4.1 Step 1: certain affected groups and affected persons must be notified Limited notification is not required under Step 1 as the proposal does not affect customary rights groups, customary marine title groups nor is it on, adjacent to or may affect land subject to a statutory acknowledgement. 4.2 Step 2: if not required by step 1, limited notification precluded in certain circumstances Limited notification is not precluded as the proposal is not subject to a rule in the District Plan or is not subject to a NES that precludes notification. Limited notification is precluded by Step 2 as the application is for a controlled activity (other than a subdivision of land) (s95B(6)(b)(i)). As such, no section 95(E) assessment of effects on the environment is required Therefore Step 3 does not apply. 4.3 Step 4 – Further Limited Notification in Special Circumstances Special circumstances do not apply that require limited notification. 5.0 OVERALL NOTIFICATION DETERMINATION Given the decisions made above in sections 3 and 4 the application is to be processed on a non-notified basis.

V5_29/9/16 RM180254

6.0 S104 ASSESSMENT 6.1 EFFECTS EFFECTS ON THE ENVIRONMENT (s104(1)(a)) The Assessment of Effects provided at section 2.0 of the applicant’s AEE, is comprehensive and considered accurate. It is therefore adopted for the purposes of this report with the following comments. Nature of Development All residential flats located on the subject site will be subject to the requirements of the Operative District Plan. The definition of a residential flat is copied below:

Residential flats are common within the Shotover Country Development. Future residential flats located on sites located within the Rural General Zone portion of Stage 15 will be consistent with the nature and character of the rest of Shotover Country and as such are assessed as being acceptable and will not detract from the amenity of the surrounding area. Further, as required under SH160139, consent notice requirements will be registered as an instrument on future Computer Freehold Registers of the residential allotments which limit each allotment to one residential unit, control maximum building coverage and maximum height among other matters. This essentially creates an ‘envelope’ of development on each residential allotment. The residential flats will be required to comply with these conditions. Residential flats also generate the requirement for an additional car park and to have an adequate outdoor living area. The additional car park and outdoor living area will need to be demonstrated at the time building consent is applied for to demonstrate compliance with the District Plan. Given the above, it is assessed that a residential flat can be accommodated on each allotment with a less than minor effect on the surrounding environment. Servicing and Infrastructure Confirmation has been sought from Council’s Infrastructure department to confirm there is sufficient servicing capacity for the addition of residential flats on these sites. Infrastructure have confirmed there is adequate provision for infrastructure is in place to service the residential flats, once the area is developed in accordance with SH160139. Further, the same infrastructure modelling has been utilised across the all stages of the Shotover Country development and as previously noted, residential flats are permitted within all other areas of this development. The sites will not change in size and the level of irrigation requirements are not considered to increase from allowing residential flats on these sites. This consent will allow future land owners to design their residential units with the option of including residential flats if they desire as is common across other areas of the development. For these reasons, it is assessed that the effect on infrastructure and servicing will be acceptable and has a less than minor effect on the surrounding environment. Other

V5_29/9/16 RM180254

There are no relevant instruments detailed on the CFR for Lot 1 DP 510123 that have any relevance or effect this application. Overall Effects Conclusion Overall it has been assessed that the effects of establishing residential flats associated with the construction of residential units will be acceptable. 6.2 RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi)) Operative District Plan Residential flats are common within the Shotover Country development. The relevant objectives and policies are located in Section 4 (District Wide) and Section 5.2 (Rural Areas) of the District Plan. The applicant’s AEE at Section 3.0 states that the relevant objectives and policies have been assessed as part of SH160139. This is accepted with the following comment: The objectives and policies for the Rural General Zone seek to retain the rural character of zone and to ensure productive farmland is retained. In this instance, the subject site is part of a consented Special Housing Area that will be similar in nature to the other stages of the Shotover Country development. The inclusion of allowing landowners the option of including residential flats, which will be required to comply with the conditions imposed by SH160139 and to be registered as Consent Notice conditions, is not considered to be contrary to the objectives and policies of the Operative District Plan. Proposed District Plan Council notified the Proposed District Plan on 26th August 2015, which contains objectives and policies with immediate legal effect, pursuant to section 86A(2) of the RMA. In this case, the objectives and policies contained in Part 2, Chapters 3 (Strategic Direction) and 4 (Urban Development) and Part 4, Chapter 21 (Rural Zone). Residential development has been consented on the allotments. Throughout the Commissioner’s decision for SH160139, the objectives and policies of the Proposed District Plan are assessed thoroughly. It is acknowledged in the decision of the Commission that part of the subject site is located within the Rural General Zone and the Commission accepted Dr Marion Read’s comments that while the character of the subject site would alter, there would be no adverse effect on the character and quality of the wider landscape of the south-western Wakatipu Basin, subject to the imposition of conditions limiting the height and style of fencing, and by the planting the bank with indigenous development. As these conditions remain, all future residential flats are required to be designed to meet these conditions. As such, it is accepted that the application can be supported by the objectives and policies of the Proposed Distract Plan. Stage 2 of the Proposed District Plan was notified on 23 November 2017, which contains objectives and policies with immediate legal effect, pursuant to section 86A(2) of the RMA. It is considered given the minimal extent to which the Proposed District Plan has been exposed to testing and independent decision-making, minimal weight will be given to these provisions at this stage. Further, the objectives and policies within the ODP and PDP for this matter are similar in nature and intent, and as such it is considered the proposal would be in accordance with these objectives and policies. 6.3 PART 2 OF THE RMA As in this case the relevant District Plan provisions are valid, have complete coverage and are certain, the above assessment under s104 matters, which give substance to the principles of Part 2, illustrates that the proposed activity accords with Part 2 of the Act.

V5_29/9/16 RM180254

6.4 DECISION ON RESOURCE CONSENT PURSUANT TO SECTION 104 OF THE RMA Consent is granted subject to the conditions outlined in Appendix 1 of this decision report imposed pursuant to Section 108 of the RMA. 7.0 OTHER MATTERS Local Government Act 2002: Development Contributions This proposal is considered to be a “Development” in terms of the Local Government Act 2002 as it will generate a demand for network infrastructure and reserves and community facilities. Future landowners who include a residential flat as part of their residential units will be required to pay a development contribution. This will be addressed at the time of Building Consent. It is noted, for clarity, that SH160139 generates the requirement for a development contribution to be paid prior to s224c being issued. The development contribution required for each residential flat is in addition to the development contribution required by SH160139. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or if all conditions have been met. This resource consent must be exercised within five years from the date of this decision subject to the provisions of Section 125 of the Resource Management Act 1991.

If you have any enquiries please contact Alex Dunn on phone (03) 443 0126 or email [email protected]. Report prepared by Decision made by

Alex Dunn Katrina Ellis PLANNER TEAM LEADER: RESOURCE CONSENTS APPENDIX 1 – Consent Conditions APPENDIX 2 – Applicant’s AEE

mailto:[email protected]

V5_29/9/16 RM180254

APPENDIX 1 – CONSENT CONDITIONS General Conditions 1. That the development must be undertaken/carried out in general accordance with the application

as submitted including the site plan showing the allotments within the Rural General Zone of Stage 15 of the Shotover Country Development: • ‘Shotover Country Stage 15 Activity Areas & Zone Plan’, prepared by Clark Fortune

McDonald & Associates. Job No. 12508, Drawing No. 03. Dated 20.07.16. stamped as approved on 5 March 2018

and the application as submitted, with the exception of the amendments required by the following conditions of consent.

2a. This consent shall not be exercised and no work or activity associated with it may be commenced

or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.

2b. The consent holder is liable for costs associated with the monitoring of this resource consent

under Section 35 of the Resource Management Act 1991. 3. This consent cannot be exercised until titles are issued for the subdivision approved under

SH160139. For Your Information If your decision requires monitoring, we will be sending an invoice in due course for the deposit referred to in your consent condition. To assist with compliance of your resource consent and to avoid your monitoring deposit being used before your development starts, please complete the “Notice of Works Starting Form” and email to the Monitoring Planner at [email protected] prior to works commencing. You may also have conditions that require you to apply for Engineering Acceptance. To apply for Engineering Acceptance, please complete the Engineering Acceptance Application form and submit this completed form and an electronic set of documents to [email protected] with our monitoring planner added to the email at [email protected]. If your decision requires a development contribution (DC) charge, we will be sending a notice in due course. To answer questions such as what is a DC charge, when a DC charge is triggered and timing of payments, please refer to this link. http://www.qldc.govt.nz/planning/development-contributions/ If you wish to make a DC estimate calculation yourself, please use this link: http://www.qldc.govt.nz/planning/development-contributions/development-contributions-estimate-calculator/ And for full details on current and past policies, please use this link: http://www.qldc.govt.nz/council-online/council-documents/policies/policy-on-development-contributions-and-financial-contributions/

http://www.qldc.govt.nz/assets/Uploads/Forms/Resource-Consents/QLDC-Monitoring-Notice-of-Work-Starting-Form.pdf

http://www.qldc.govt.nz/assets/Uploads/Forms/Resource-Consents/QLDC-Monitoring-Notice-of-Work-Starting-Form.pdf


http://www.qldc.govt.nz/assets/Uploads/Forms/Resource-Consents/Site-Engineering-Development/QLDC-Engineering-Acceptance-Form-FINAL.pdf



http://www.qldc.govt.nz/planning/development-contributions/

http://www.qldc.govt.nz/planning/development-contributions/development-contributions-estimate-calculator/

http://www.qldc.govt.nz/planning/development-contributions/development-contributions-estimate-calculator/

http://www.qldc.govt.nz/council-online/council-documents/policies/policy-on-development-contributions-and-financial-contributions/

http://www.qldc.govt.nz/council-online/council-documents/policies/policy-on-development-contributions-and-financial-contributions/

V5_29/9/16 RM180254

APPENDIX 2 – APPLICANT’S AEE

ATTACHMENT [A] Information & Assessment of Environmental Effects

SHOTOVER COUNTRY LIMITED

Land Use Consent: Residential Flat

19th February 2018 Prepared by: Karen Hanson

CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS

Status: FINAL 19th February 2018


Page 2

1.0 A DETAILED DESCRIPTION OF THE PROPOSAL

1.1 Site Description

The site is located at the southern end of Toni’s Terrace on the lower terrace of the

Shotover Country Development. A site location plan is contained within Attachment [C] to

this application.

The site is flat and was previously used for grazing stock. The site is separated from the

Shotover River by an unformed portion of Old School Road and a narrow marginal strip. A

row of mature willows lines the river edge. The majority of the site is open pasture

however, the south-eastern part has been subject to gravel extraction, processing and

stockpiling in the past and is currently used for stockpiling, gravel storage and processing.

To the east of the site, earthworks have been completed as part of raising the ground

level in Activity Area 1f of the Shotover Country zone suitable for building development

consented under RM140057.

The site for which this application relates includes all of the Rural General zoned land

located within the Special Housing Area approved by Resource Consent SHA160139

(Attachment E). A zone overlay plan is included as Attachment [D] to this application.

The site is legally described as Lot 1 DP 510123 being 40.5584 hectares in area and

contained within Certificate of Title 780299. A copy of the title is included as Attachment

[B] to this application.

A number of private covenants are registered on the above titles, these are described as

follows:

Land Covenant 834400.3 rights and obligations towards the water supply scheme

Land Covenant 838259.3 rights and obligations towards the water supply scheme

Land Covenant 850246.4, rights and obligations towards the water supply scheme

Land Covenant 850246.7, rights and obligations towards the water supply scheme

Land Covenant 5226852.1, restrictive covenant relating to continued use of airport and

covenants in favour of the airport company

Land Covenant 5907860.3 private covenant on development restrictions

Land Covenant 9051224.1 non object covenant relating to the airport

Surrender Land Covenant 9051224.2

Land Covenant in Easement Instrument 9354663.1 non objection covenant



Page 3


Land Covenant 9562502.26 non objection covenant














Land Covenant in Easement Instrument 10370226.16 private covenant on development

restrictions






The following encumbrances are also registered:

Encumbrance 8481955.4 to the QLDC relating to the provision of infrastructure. The

encumbrance is now redundant.

Consent Notice 10208646.16 relates to the underlying Rural General Zone in relation to

servicing and access. The consent notice will be removed in accordance with underlying

subdivision consent RM160269.

All consent notices and covenants were included as part of the application for

SHA160139 and are held on Council file. They have not been included again here due to

the size and number of the documents.

All conditions of these have been considered and there are none which restrict or are

necessarily relevant to the current application.



Page 4

1.2 Background: Shotover Country Special Housing Area

Resource Consent SHA160139 was approved for the site on 4th May 2017 and included

(amongst other things) the approval for the creation of 101 residential allotments and

construction of a residential dwelling and accessory buildings on each lot.

The site is split zoned as identified on the plan included as Attachment [D] to this

application.

1.3 Proposed Activity

As a result of the split zoning there is an inconsistency between activities over the site

whereby, within the Shotover Country Special Zone a residential flat can be constructed

as part of the main residential unit without a further resource consent being required

however, within the Rural General zoned land a controlled activity consent would be

required for the same activity.

This application therefore seeks to standardise this aspect of the development and enable

a residential flat to be included as part of the residential dwelling on Lots 1 – 53, 71 – 87

and 91 – 101 SHA160139 being those lots located within or partly within the Rural

General zone. A Residential Flat would be required to comply with the definition for a

‘Residential Flat’ as defined in the ‘Definitions’ section of the District Plan.

This applicant volunteers the following conditions of resource consent:

1. ‘Residential Flat’ has the same meaning as the Queenstown Lakes Operative

District Plan and must meet the following requirements:

Consists of no more than one flat in the same ownership as the

residential unit; and

Is contained within the same residential unit; and

If attached to a detached accessory building does not cover more than

50% of the total Gross Floor Area of the building containing the flat and

detached accessory building; and

Contains no more than one kitchen and one laundry; and

Does not cover more than 35% of the total Gross Floor Area of the

building(s) containing the residential unit and flat (but excluding

accessory buildings).



Page 5

2. One additional off street carpark must be provided for the sole use by occupiers of

the Residential Flat

3. A Residential Flat is not to be used for Visitor Accommodation.

For the purpose of this condition Visitor Accommodation means the use of land or

buildings for short-term, fee paying, residential accommodation where the length of

stay for any visitor/guest is less than 3 months.

4. The Consent Holder must comply with all other conditions of Resource Consent

SHA160139

5. The lapse date for this consent shall be 4 May 2023.

1.4 Statutory Provisions

1.4.1 Queenstown Lakes Operative District Plan

Land use consent is required under rule 5.3.3.2 (vii) Residential Flat as a Controlled

Activity for the construction and use of a Residential Flat on Lots 1 – 53, 71 – 87 and 91 –

101 SHA160139 which are all located within, or partly within the Rural General Zone

1.4.2 National Environmental Standard for Assessing and Managing Contaminants in Soil to

Protect Human Health 2012.

NES was considered under the original SHA consent. A copy of that report is included as

Attachment [F] to this application.

Consent under NES is not required.

1.5 Classes of Activities

There are no associated activities included in the proposal which have not already been

consented under SHA160139 or can be undertaken on the property as-of-right.



Page 6

1.5.1 Queenstown Lakes District Operative Plan

The site is located within the Rural General and Shotover Country Special Zone of the

Queenstown Lakes District Operative Plan. The site does not contain any known

protected items, areas of significant vegetation or designations.

The proposed application is correcting a technical error that was not considered at the

time of the underlying resource consent.

1.5.2 Queenstown Lakes District Proposed Plan

Submissions towards the Proposed District Plan closed on the 23rd of October, a

summary of submissions was released 26th November and these are currently being

heard. It is considered unnecessary to undertake a weighting exercise.

Relevant Chapters of the Proposed District Plan have been considered as part of this

application. These have been assessed and it has been concluded that the current

application has little or no bearing on the Objectives, Policies, Standards or Rules

contained in the Proposed District Plan.

2.0 ASSESSMENT OF THE ACTIVITY’S EFFECTS ON THE ENVIRONMENT

2.1 If it is likely that the activity will result in any significant adverse effect on the

environment, a description of any possible alternative locations or methods for

undertaking the activity:

It is considered that the proposal will not result in any significant adverse effect on the

environment and the location and methods proposed are considered appropriate.

2.2 An assessment of the actual or potential effect on the environment of the activity:

2.2.1 Permitted and Consented Baseline

Section 104 of the Resource Management Act 1991 provides that a consent authority

may disregard an adverse effect of the activity on the environment if a national

environmental standard or the plan permits an activity with that effect. Permitted Activities

within the Rural General Zone are limited however, resource consent for the construction

of a dwelling unit has been approved for each of the sites.



Page 7

2.2.2 Any physical effect on the locality, including any landscape and visual effects

The proposal is detailed in Part 1.3 of this application and is not considered to result in

any adverse effects in terms of any physical effect on the locality, including any

landscape and visual effects.

2.2.3 Any effect on those in the neighbourhood and, where relevant, the wider community,

including any social, economic, or cultural effects:

Any effects associated with the application are minor and can be adequately addressed

through appropriate conditions of consent. These conditions have been volunteered as

part of the application and are detailed in section 1.3 above.

2.2.4 Any effect on ecosystems, including effects on plants or animals and any physical

disturbance of habitats in the vicinity:

No significant adverse effects on ecosystems (plants or animals) have been identified.

2.2.5 Any effect on natural and physical resources having aesthetic, recreational, scientific,

historical, spiritual, or cultural value, or other special value, for present or future

generations:

Due to the nature of the current application no adverse effects on natural or physical

resources were identified.

2.2.6 Any discharge of contaminants into the environment, including any unreasonable

emission of noise, and options for the treatment and disposal of contaminants:

The original proposal and the current proposal do not include the discharge of

contaminants.

2.2.7 Any risk to the neighbourhood, the wider community, or the environment through natural

hazards or the use of hazardous substances or hazardous installations:

These matters were addressed through the original consent. This application does not

exacerbate or worsen any risk and the conditions of the original consent continue to

apply.



Page 8

2.3 If the activity includes the use of hazardous substances and installations, an

assessment of any risks to the environment that are likely to arise from such use:

Refer to Part 2.2.7 above.

2.4 If the activity includes the discharge of any contaminant, a description of—

(i) the nature of the discharge and the sensitivity of the receiving environment

to adverse effects; and

(ii) any possible alternative methods of discharge, including discharge into any

other receiving environment:

Refer to Part 2.2.6 above.

2.5 A description of the mitigation measures (including safeguards and contingency

plans where relevant) to be undertaken to help prevent or reduce the actual or

potential effect:

Actual and potential adverse effects of the proposal have been considered in Part 2.2.

2.6 Identification of the persons affected by the activity, any consultation undertaken,

and any response to the views of any person consulted:

No persons are considered affected by the activity.

2.7 If the scale and significance of the activity's effects are such that monitoring is

required, a description of how and by whom the effects will be monitored if the

activity is approved:

No monitoring above or beyond standard consent conditions are required.

2.8 If the activity will, or is likely to, have adverse effects that are more than minor on

the exercise of a protected customary right, a description of possible alternative

locations or methods for the exercise of the activity (unless written approval for

the activity is given by the protected customary rights group).

The proposal will not have any adverse effect on the exercise of a protected customary

right.



Page 9

3.0 DISTRICT PLAN: OBJECTIVES AND POLCIES ASSESSMENT

Relevant Chapters of the Operative and Proposed District Plan were considered as part

of the original consent SHA160139. These have been assessed and it has been

concluded that for the reasons promoted in the original decision towards relevant

Objectives and Policies of the Operative District Plan the current application is consistent

with the Objectives and Policies of the Proposed District Plan.

4.0 DISTRICT PLAN: RULES AND ASSESSMENT CRITERIA

4.1 Queenstown Lakes District Council District Plan

Land use consent for the construction of a residential unit was approved by resource

consent SHA160139 and where it was found that the proposal was consistent with the

District Plan assessment criteria. The weighting afforded as part of the SHA process

towards Servicing Infrastructure is a priority consideration for Council when assessing

such applications under the HASHAA. A ‘Residential Flat’ is a permitted activity in the

Shotover Country zone and Controlled in the Rural General zone and where Council

cannot refuse resource consent. In addition, by definition a Residential Flat is considered

as part of the Residential Unit. It can therefore be accepted that the Infrastructure

assessment carried out as part of the underlying SHA consent considered the ability for

all residential units to include a residential flat. The effects on servicing infrastructure

have therefore been considered as part of the SHA process and considered appropriate

as they now apply to this application.

5.0 RESOURCE MANAGEMENT ACT 1991 (RMA 91): PART 2

This development will promote sustainable management of natural and physical

resources within the site, whilst ensuring that social, economic, and cultural well-being is

provided for. The proposal will avoid, remedy and mitigate adverse effects of activities on

the environment. The proposal is an efficient use of the land resource in this location.

Overall, the proposal is in keeping with the purpose and principles of the RMA.

AEE prepared by Karen Hanson

CLARK FORTUNE MCDONALD & ASSOCIATES

19th February 2018

ATTACHMENT [B] ............................................... Certificates of Title and Encumbrances ATTACHMENT [C] ............................................................................... Site Location Plan ATTACHMENT [D] ...............................................................................Zone Overlay Plan

ATTACHMENT [E] .......................................................................... Decision SHA160139 ATTACHMENT [F] ................ Preliminery Site Investiagtion and Addendum: NES Report

5b

5e

5c

1f

2

1

4

5

6

7

8

9

10

11

12

16

17

18

20

8988

54

55

56

57

58

59

60

62

61

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

3

14

15

19

21

22

2324 25 26

27

28

29

3031

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

53

52

51

90919293949596979899100

LOT 1205RM 160269

RECREATION RESERVE

STAGE 15OLD SCHOOL ROAD

SHOTOVER RIVER

Notes:

SignedSurveyed

Designed

Drawn

Signed

Signed

Date

Date

Date

Rev.

Drawing No.Job No.

Datum & Level

Scale

Revision Details ClientByRev. Date

Clark Fortune McDonald & AssociatesLicensed Cadastral Surveyors - Land Development - Planning Consultants

Shotover Design Limited trading as

NO

RTH

\\server01\data\JOBS\12500\12508\acad\12508 03 Stage15 Zone Plan.dwg Plotted: 20.07.2016

1:1000 @ A1

12508

-

x.x.16

EM 20.07.16

x.x.16

1:2000 @ A3

- - --

Shotover Country Stage 15 Activity Area's & Zone Plan

Shotover Country

----

03

309 Lower Shotover Road, P.O.Box 553 Queenstown

Tel. (03)441-6044, Fax (03)442-1066, Email [email protected]

Shop 2, Otago House, 475 Moray Place, P.O. Box 5960Tel. (03)470-1582, Fax (03)470-1583, Email [email protected]

LEGENDActivity Areas:1a-1f Low Density Living

2a-2c Medium Density Living

3 Education & Community 4 Heritage5a Open Space - State Highway5b Open Space - Escarpment5c Riverside Protection Area

5d Open Space - Wetland/Recreation5e Open Space - Transmission Corridor

Intersection Points (max 20m variation from centre

line)

Primary Road (max 30m variation from centre line)

Secondary Road (max 20m variation from centre line)

30m Wetland Setback

Indicative Trails

Alternative Connection to SH6Riverside Protection AreaTerrace Buffer Area (6m width from terrace edge)

Zone Boundary

Rural General Zone

Documents

DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL