Samson Corporation Ltd

Resource consent application to demolish a Character

Supporting building, modify a Character Defining building and construct a new building for mixed-use office, retail and

restaurant / bar activities, at 42 – 48 Ponsonby Road, Ponsonby

July 2018

(Updated April 2019)

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APPLICATION FOR RESOURCE CONSENTS UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991

To: Auckland Council

Samson Corporation Ltd ℅ Brown & Company Planning Group, P.O. Box 91839, Victoria St West, Auckland 1142, applies for the resource consent as outlined below.

1. The names and addresses of the owner and occupier (other than the applicant) of any land to which the application relates are as follows:

The owner of the land is Samson Corporation Limited. Address is c/- RTA Studio, PO Box 68359, Newton, Auckland.

2. The land to which the application relates is:

The land is located at 42 – 48 Ponsonby Road, Ponsonby, Auckland. It is located on the southeast corner of the intersection of Ponsonby Road and Crummer Road. The property is legally described as:

• 42 Ponsonby Road: Lot 13 Sec 1 DP 242, held in Certificate of Title NA41/106;

• 44 – 48 Ponsonby Road: Lot 15 Blk 1 DP 242, Lot 14 Blk 1 DP 242, held in Certificate of Title NA52/4

A copy of the titles is attached at Attachment B. The total area of the land is circa. 1,341 sqm.

3. The type of resource consent sought is as follows: Land use consents.

4. A description of the activity to which the application relates is:

The applicant proposes to: (a) demolish a Character Supporting building; (b) modify a Character Defining building; (c) construct a new building, in part to a height exceeding the height limit for the Zone;

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(d) use the buildings for office, retail and restaurant / bar activities, with basement level cycle and vehicle parking and loading and with access from Crummer Road.

The proposal is described in more detail in the Assessment of Effects on the Environment at Attachment A and in the supporting documents.

5. The following additional resource consents are required in relation to this proposal and have or have not been applied for:

All consents required for the proposal are sought in this application; no other consents are required.

6. I attach an assessment of any effects that the proposed activity may have on the environment in accordance with section 88 of, and the Fourth Schedule to, the Act:

The assessment of effects is at Attachment A.

7. I attach other information (if any), required to be included in the application by the district plan or regional plan or regulations:

All information is contained in the application, and in the supporting plans, reports and other

documents which are an integral part of the application.

8. Where the application is for a subdivision consent…

The application is not for subdivision consent.

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...............................................

for Brown & Company Planning Group on behalf of

Samson Corporation Ltd

4 April 2019

Address for service of the applicant: Brown & Company Planning Group PO Box 91839 Victoria St West AUCKLAND 1142

Attention: Cathy Wallace/Jeff Brown

Mobile: 021 529 745 Email: cathy@brownandcompany.co.nz jeff@brownandcompany.co.nz Address for invoicing: Samson Corporation Ltd Auckland Attention: Marco Creemers Mobile: 09 522 2636 Email: marco.c@samson.co.nz

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ATTACHMENTS: A Assessment of Effects on the Environment B Certificates of Title C Completed Application for Resource Consent Form A D Architectural Statement and Plans prepared by Architects Patterson, dated 28 June 2018 E Landscape Report prepared by O2 Landscapes, dated 11 June 2018

F Assessment of effects arising from proposed development in the special character business

zone prepared by Archifact, dated 19 June 2018 G Urban Design assessment prepared by RA Skidmore, dated July 2018 H Traffic Impact assessment prepared by TEAM Consultants, dated 30 May 2018 I Civil engineering assessment and sediment control prepared by Rileys dated 19 June 2018 J Living Building Challenge assessment prepared by Tricia Love Consultants, dated 11 June 2018 K Geotechnical assessment prepared by Tonkin & Taylor, dated June 2018 L Acoustic assessment prepared by Marshall Day, dated 11 May 2018 M Draft Construction Management Plan prepared by RCP, dated June 2018 N Minutes of pre-application meeting dated 18 January 2018 O Minutes of Urban Design Panel presentation, dated 8 March 2018 P Geotechnical Investigation Report prepared by Tonkin & Taylor, dated February 2018

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Attachment A

FOURTH SCHEDULE

Assessment of Effects on the Environment

1 Description of the proposal

1.1 The site and surrounds The site is located at 42 – 48 Ponsonby Road, Ponsonby, Auckland, at the south corner of Ponsonby Road and Crummer Road. It contains 1,350 m2, and slopes gently from north to south. It is identified on the planning map extract, below.

The site contains two buildings: a heavily-modified villa (42 Ponsonby Road) containing the Sawadee restaurant, and a two-story Italianate building (44 – 48 Ponsonby Road) which is fronted by a large veranda at the corner of Ponsonby Road and Crummer Road. At the rear of this building is a carparking area, with access from Crummer Road. Neighboring the application site to the south and southwest are commercial office buildings. To the west of the site, on the opposite side of Crummer Road, is Allendale House (a scheduled heritage building), and to the south of that building are modern commercial buildings (the Vinegar Lane precinct) containing offices, cafes and restaurants, generally in 3 – 4 storey buildings. Further southeast of this area, from Maidstone Street south, the activities comprise a mix of commercial, light industrial, and residential. To the east / southeast towards the Great North Road / Ponsonby Road intersection are shops, cafes, galleries and offices, in generally a mix of traditional (including character-defining and character-supporting) and modern one-, two- and three-story buildings. To the north on the opposite side of Ponsonby Road is Myers Park and to the northeast are large dwellings, a church, the two-story “Artstation” building, the Council’s water reservoir, and several tall apartment buildings.

Subject Site

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The site and surrounds are described in more detail in the Architectural Statement prepared by Architects Patterson (Attachment D), Special Character Assessment prepared by Archifact (Attachment F) and Urban Design Assessment prepared by RA Skidmore (Attachment G).

1.2 The proposed development The proposal by Samson Corporation to regenerate the site at 42-48 Ponsonby Road will deliver a sustainable mixed-use development. The existing Character Defining building will be retained and restored to enhance its character value. A modern eco building will wrap around the Character Defining building to deliver a commercial development providing a mix of office, retail and restaurant / bar uses with ancillary facilities. The main portion of the two-storey Character Defining building at 44-48 Ponsonby Road will be underpinned, earthquake strengthened and fully renovated to enhance its heritage status. An existing single storey Character Supporting building at 42 Ponsonby Road, and the rear annex of the corner building, will be demolished. A new laneway fronted by retail and restaurant / bar activities will separate the retained building and the new building, and will connect Ponsonby Road and Crummer Road. The upper three floors will provide flexible office space for commercial tenancies. Each upper level will benefit from a public breezeway, following the curved shape of the new building with openings taking advantage of the views down Ponsonby Road and across to Western Park. At basement level, parking for 40 bicycles and 14 cars will be provided along with loading space, with access from Crummer Road.

The comprehensive redevelopment will comprise circa. 850 sqm of ground floor tenancies plus some 205 sqm of outdoor plaza area. The three levels of commercial space above will provide approximately 2,145 sqm of lettable area with 110 sqm of terrace area at level 3. The existing public watermains located along Ponsonby and Crummer Roads are expected to have sufficient capacity to service the development water supply demands (Attachment I). Engineering Plan Approval will be sought at detailed design stage. The stormwater runoff generated within the proposed development will not increase. Due to the proposed basement construction, the existing stormwater and wastewater pipes are to be relocated under the basement slab. The site currently has connections into the public stormwater 300mm-diameter concrete pipe which crosses the site from a south-east to north-west direction. It is proposed to realign and lower the existing pipe below the new basement level car park via long radius (10m) bends. The new pipe will reconnect to the existing public reticulation within Crummer Road via a new public stormwater manhole. Consultation has been undertaken with Auckland Council to agree acceptability of the proposed stormwater pipe realignment. The existing buildings on the site are serviced by a 150mm-diameter public wastewater pipe, which crosses the site from a south-east to north-west direction. Similar to the stormwater pipe, the wastewater pipe is to be lowered and relocated along the basement wall and fall below the basement slab. The wastewater pipe is to reconnect into the existing public wastewater reticulation via a new public wastewater manhole on Crummer Road. Preliminary assessments indicate that the existing wastewater infrastructure has adequate capacity to service the additional wastewater demand of the proposed development. Initial approval granted by WSL for the wastewater pipe realignment. Detailed design by the fire engineer in consultation with Fire and Emergency New Zealand, along with hydrant testing, will be integrated into the detailed design of the building.

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The development will be a leading sustainable building with the aim to meet the Living Building Challenge.

The proposed development is shown on the plans prepared by Architects Patterson, at Attachment D. 1.2.1 Pre-application consultation with Auckland Council and Auckland Urban Design Review Panel A pre-application meeting was held on 18 January 2018 with Planning, Heritage and Urban Design officers at Auckland Council. The Pre-Application Consenting Memo (Pre-Application No. PRR00026685) is at Attachment N. A presentation was made to the Auckland Urban Design Panel on 8 March 2018. A note of the AUDP recommendations of support is at Attachment O. The proposed scheme has responded to the pre-application consultation with Council officers and the AUDP, as addressed in the Architectural Statement prepared by Architects Patterson (Attachment D), Special Character Assessment prepared by Archifact (Attachment F) and Urban Design Assessment prepared by RA Skidmore (Attachment G).

1.3 Resource Management issues 1.3.1 Zoning The site is within the Business Town Centre Zone as designated in the Auckland Unitary Plan – Operative in Part (AUP), and in the Special Character Area Overlay – Business: Ponsonby Road (Schedule 15.1.6.13) with an identified Character Defining building (on 44-48 Ponsonby Road) and an identified Character Supporting building (on 42 Ponsonby Road).

The land is also subject to the following additional controls:

• Buildings Frontage Control – Key Retail Frontage

• Height Variation Control – Ponsonby, 13m

• Macroinvertebrate Community Index – Urban

1.3.2 Controls The nearest residential zone, on the opposite side of Ponsonby Road, is less than 30 metres away and therefore circa. 10.95 sqm of the proposed outdoor seating activity is a Restricted Discretionary activity under Rule H10.6.0. No minimum rates for car parking standards are applicable (Table E27.6.2.3). The required parking rates for short-stay visitor and secure long-stay bicycle parking for a new building are specified in Table E27.6.2.5. A single loading space is required (Table E27.6.2.7). Under Rule E27.4.1, parking, loading and access which complies with the standards and is an accessory activity is permitted. An area for loading can be accommodated on-site within the private car park.

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Key Retail Frontage

Buildings with frontages subject to the Key Retail Frontage Control are required to maximise street activation. This control contains rules for new vehicle crossings, the site already benefits from an existing crossing, off Crummer Road, although this is to be closed and a new access point created further south along Crummer Road. The use of an existing vehicle crossing where a Vehicle Access Restriction applies requires consent for a Restricted Discretionary activity (Table E27.4.1). Macroinvertebrate Community Index - Urban

The proposal does not require any consent under this control. Development Controls The relevant development controls that apply to the site are set out in Table 1:

Table 1: relevant development controls

Rule For Control Compliance / consent required?

Business – Town Centre Zone controls – Chapter H10

H10.6.0 Activities within 30m of a residential zone

The following activities are restricted discretionary activities where they are located within 30m of a residential zone and are listed as a permitted activity in the activity table:

(a) bars and taverns;

(b) drive-through restaurants;

(c) outdoor eating areas accessory to restaurants;

(d) entertainment facilities;

(e) child care centres; and

(f) animal breeding and boarding.

This standard only applies to those parts of the activities subject to the application that are within 30m of the residential zone.

Parts of the activities are within 30m of the Residential - Single House Zone to the opposite side of Ponsonby Road. The development includes for bar use and outdoor seating ancillary to the restaurant / bar uses. One basement car park associated with these uses sits within 30 metres of the residential zone. The outdoor seating area at ground and third floor level includes a total 10.95 sqm floorarea which is within 30 metres of the residential zone.

Restricted discretionary activity consent required

H10.6.1 Building height

Occupiable building height: 11m

Height for roof form: 2m

Total building height: 13m (relates to Height Variation Control – Ponsonby)

Breach by up to 7m at tallest part of new building fronting Crummer Rd.

Restricted discretionary activity consent required

H10.6.2 Height in relation to boundary

Buildings must no project beyond a recession plane measured from 2.5m above the boundary of the Single

This is complied with as shown on the architectural plans at

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House Zone on the opposite side of Ponsonby Road and angled into the site at 45 degrees.

Attachment D, no consent required

H10.6.3 Height setback at upper floors

Not relevant to this proposal No consent required

H10.6.4 Maximum tower dimension

Not relevant to this proposal No consent required

H10.6.5 Residential at ground floor

Dwellings must not locate on ground floor with frontage to street

Complies, no consent required

H10.6.6 Yards Not relevant to this proposal No consent required

H10.6.7 Landscaping If any car parking, loading or service areas are visible from the street, a 2m landscape buffer must be provided, comprising a mix of trees, shrubs or ground cover plants

Not relevant as no car parking, loading or service areas are visible from the street. No consent required

H10.6.8 Impervious area in riparian yard

Not relevant to this proposal No consent required

H10.6.9 Wind Not relevant to this proposal as building does not exceed 25m

No consent required

H10.6.10 Outlook space Applies to dwelling units, so not relevant to this proposal as no dwelling units proposed.

No consent required

H10.6.11 Minimum dwelling size

Applies to dwelling units, so not relevant to this proposal as no dwelling units proposed.

No consent required

Transport controls – Chapter E27

E27.6.4.1(1) Building Frontage Control – Key Retail Frontage

This control applies to the whole of the street frontage of the site – Ponsonby Road and Crummer Road

New vehicle crossings must not be constructed unless the application involves:

• an existing vehicle crossing to service the establishment of a new activity or change to an existing activity or new building(s);

• the construction of a new vehicle crossing is to relocate and/or amalgamate an existing vehicle crossing or crossings serving the site, that will reduce or otherwise not increase either the number of crossings or width of crossing serving the site; or there is no other means of accessing a site.

These rules apply, and restricted discretionary activity consent is required for the access.

E27.6.2 Parking Parking is flexible, as follows (note this is a selection of the main activities likely in the zone; other rates apply to some other activities):

Activity Minimum rate

Maximum rate

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Offices No minimum

1/30m2 gross floor area (GFA)

Complies, no consent required

Food and beverage

No minimum

No maximum

Retail No minimum

No Maximum

Entertainment No minimum

No maximum

E27.6.3.1 Parking – design

Every parking space must be kept clear and available at all times the activity is in operation

Restricted discretionary activity consent if parking standards are not met

E27.6.2.7

(T109)

Loading space Requires a loading space for between 300m2 and 5000m2 retail space

A loading area is provided for within the car park.

E27.6.3.2.1 Loading space – minimum size & design

Requires an 8 x 3.5m loading space

Provision of the loading area be available at all times while the applicable activities are in operation

Restricted discretionary activity consent if standards are not met

E27.6.4.2. (T144)

Width and number of vehicle crossings

Minimum separation distance from

crossings serving adjacent sites is 2m

provided that two crossings on adjacent sites can be combined where they do not exceed a total width of 6m at the property boundary.

Restricted discretionary activity consent if standards are not met

Earthworks controls – Chapter E12

E12.4.1

(A4)

Earthworks – greater than 500m2 up to 1000m2

Permitted No consent required

E12.4.1

(A10)

Earthworks – greater 2500m3

Restricted discretionary consent required for excavation greater than this threshold

Restricted discretionary consent required for the basement excavation

Taking, using, damming and diversion of water and drilling – Chapter E7

E7.4.1

(A28)

Diversion of

groundwater

Diversion of groundwater caused by

any excavation, (including trench) or

tunnel that does not meet the permitted

activity standards, as detailed below:

Restricted

discretionary

consent required

where the permitted

activities are not met,

as detailed below.

E7.6.1.6 (2) Dewatering or

groundwater

level control

associated

with a

groundwater

diversion

permitted

under

The water take must not be for a period

of more than 10 days where it occurs in

peat soils, or 30 days in other types of

soil or rock

Excavation below

groundwater level is

expected to occur for

longer than 30 days.

This does not comply

with the Permitted

Activity Standard.

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Standard

E7.6.1.10

E7.6.1.10

(4)(a)

Diversion of

groundwater

caused by any

excavation, or

tunnel

Any structure, excluding sheet piling

that remains in place for no more than

30 days, that physically impedes the

flow of groundwater through the site

must not impede the flow of

groundwater over a length of more than

20m

The proposed

basement will impede

the flow of

groundwater over a

length greater than

20m. This does not

comply with the

Permitted Activity

Standard.

E7.6.1.10

(5)(a)

Diversion of

groundwater

caused by any

excavation or

tunnel

The distance to any existing building or

structure (excluding timber fences and

small structures on the boundary) on an

adjoining site from the edge of any

trench or open excavation that extends

below natural groundwater level must

be at least equal to the depth of the

excavation

Basement excavation

and distance to

adjacent property is

less than the depth of

excavation. This does

not comply with the

Permitted Activity

Standard.

Stormwater discharge and diversion – Chapter E8

E8.4.1

(A1)

Stormwater

management

Diversion of stormwater runoff from

lawfully established impervious areas

directed into an authorised stormwater

network or a combined sewer network

that complies with Standard E8.6.2.1

No consent required

Noise and vibration – Chapter E25

E25.4.1

(A2)

Noise and

vibration

Activities that do not comply with a

permitted activity standard

Restricted

discretionary

consent required

where temporary

construction activities

exceed noise limits

E25.6.8 (1) Noise in

Business –

Town Centre

Zone

Applicable Noise Limits. The noise

(rating) level is measured or assessed

as the incident level on the façade of

any building on any other site in the

same zone or in the Business – Mixed

Use Zone.

Complies, no consent

required

E25.6.19 (1) Noise at the

Business

zones

interface

Applicable Noise Limits. The noise

(rating) and maximum noise level is

measured within the boundary of a site

in a residential zone.

Complies, no consent

required

E25.6.27 (1) Construction

noise limits

Construction noise limits for

construction activities in all zones

except the Business - City Centre Zone

and the Business – Metropolitan Centre

Zone.

Construction noise

shall comply unless

otherwise provided

for in the

Construction Noise

Management Plan

Specific Controls The specific controls that apply to the site are set out in Table 2 below:

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Table 2: site specific controls

Rule For Control

E27.6.4.1(1) Building Frontage Control - Key Retail Frontage;

As in Table 1 above; restricted discretionary activity consent is required for the access.

H10.6.1 Height Variation Control - Ponsonby, 13m

As in Table 1 above – total allowable building height of 13m breached, restricted discretionary activity consent is required for the height breach

Macroinvertebrate Community Index - Urban

Not directly relevant – this control applies across the city

Special Character Area Overlay – Business The specific controls that apply to the site are set out in Table 3 below. Note: the building on 44-48 Ponsonby Road is a Character Defining building. The building on 42 Ponsonby Road is a Character Supporting building. Table 3: Special Character Area – Business provisions

Rule For Control

D18.4.2

(A6)

External redecoration and repair to a character defining building

Permitted activity – no consent required

D18.4.2

(A8)

Additions to a character defining building

Restricted discretionary activity consent required

D18.4.2

(A9)

Demolition exceeding 30% or more of a character defining building

Permitted activity – no consent required

D18.4.2

(A12)

New buildings Restricted discretionary activity consent required

D18.4.2

(A18)

Demolition exceeding 30% or more of a character supporting building

Restricted discretionary activity consent required for demolition of the Sawadee building

D18.4.2

(A20)

New buildings Restricted discretionary activity consent required

1.3.3 National Environmental Standard – soil contamination No preliminary site investigation is necessary under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 (the NES) in relation to soil contamination, as the site is not land covered in the NES Section 5(7) (HAIL sites) or Section 5(8) (production land) of the NES.

1.3.4 Summary of consents required In summary, the following consents are required for the development: (a) Activity Table H10.4.1: restricted discretionary activity consent for new buildings;

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(b) Rule H10.6.0: restricted discretionary activity consent for part of the activities that are within 30m of the Residential - Single House Zone to the opposite side of Ponsonby Road;

(c) Rule H10.6.1: restricted discretionary activity consent for breach by up to 7m at tallest part of the new building fronting Crummer Road;

(d) Rule E27.6.4.1(1): restricted discretionary activity for new crossing within the Building Frontage Control - Key Retail Frontage;

(e) Rule E27.6.3.2.1: restricted discretionary consent required in relation to loading standards;

(f) Rule E27.6.4.2 (T144): restricted discretionary consent required in relation to width and number of vehicle crossings – distance from existing crossing to the south;

(g) Rule E12.4.1 (A10): restricted discretionary consent required for the volume of excavation required for the basement works;

(h) Rule D18.4.2 (A8): restricted discretionary activity consent for additions to the character-defining building;

(i) Rule D18.4.2 (A12): restricted discretionary activity consent for new buildings within the Special Character overlay;

(j) Rule D18.4.2 (A18): restricted discretionary activity consent for demolition exceeding 30% of the character-supporting building;

(k) Activity Table E7.4.1(A28): restricted discretionary activity consent for the diversion of groundwater caused by any excavation, (including trench) or tunnel that does not meet the permitted activity standards;

(l) Activity Table E25.4.1(A2): restricted discretionary activity consent for temporary construction activities that does not meet the permitted activity standards;

Overall, the proposal is a restricted discretionary activity.

2 Where it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity

The proposal will not result in any significant adverse effects on the environment for the reasons set out in the Assessment of Effects on the Environment in Section 3 below.

3 An assessment of the actual or potential effect on the environment of the proposed activity

3.1 Introduction Restricted discretionary activity consent is required under the AUPOP, for a number of facets of the proposal. In the following assessment, the relevant assessment criteria of the AUPOP are addressed, in the following order:

• Demolition of the Character Supporting building in the Special Character Area – Business Overlay;

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• Additions to the Character Defining building in the Special Character Area – Business Overlay;

• New buildings within the Business – Town Centre Zone and in the Special Character Overlay;

• Activities within 30m of a residential zone;

• Height of buildings within the Zone;

• Special Character Business Area with identified Character Defining Buildings;

• Transport assessment criteria in relation to the new crossing within the frontage control; proximity to neighbouring crossing, and loading standards;

• Earthworks – excavation volumes;

• Diversion of groundwater;

• Noise and vibration from construction activity.

These assessment criteria are addressed below. The respective set of objectives and policies are addressed in Part 4.

The development will contribute to the creation of an attractive urban environment. The development is harmonious with the scale and form of existing buildings in the surrounding environment, and the design and changes promoted as part of this consent will contribute positively to the surrounding streetscape. The commercial activities proposed support economic growth and specifically improve access to goods, facilities and opportunities for social interaction.

The proposal is consistent with the specific objectives for the Business Town Centre Zone and the proposal contributes to the zone being a focal point for commercial activity. The scale of development proposed is cognisant with existing development in the area and is in keeping with the planning and design outcomes identified for the Business Town Centre. The commercial activities and range of uses promoted by the development support the role and function of the Business Town Centre. The proposed design of the new building and appearance changes to the special character building continue to make the town centre an attractive place to work and visit. The proposed development is consistent with the policies of the zone and provides uses which support sustainable economic growth. The proposed new building and change to the external appearance of the Character Defining building will contribute positively to the streetscape. The visual interest of the street will be improved as the design characteristics of the new building and façade are high quality and reflect the uses of the new building. The adaptability of the units within the modern building support future needs, maximise street activation and contribute positively to the outcomes promoted by the Zone. The proposed development will contribute to create an appealing frontage for pedestrian use of the streetscape.

The design of the building and the access for pedestrians and vehicles (to the existing car park) enables universal access to the development. Pedestrian amenity and movement will not be impaired buy the development of the site.

3.2 Demolition of the Character Supporting building The relevant assessment criteria for the total demolition of a Character Supporting building are:

D18.8.2.2. Special Character Areas Overlay – Business

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(1) For the total or substantial demolition (exceeding 30 per cent or more, by area,

of wall elevations and roof area) of a … character supporting building … :

(a) policies D18.3(8) to (14) as relevant, and in addition, all of the following:

(i) whether the proposal significantly adversely affects the built

special character of the area, including the contribution the

individual building makes to the context, character or cohesiveness

of the streetscape;

(ii) the contribution the building makes to adjoining or nearby

scheduled buildings and other character defining or supporting

buildings or to the wider character area where there are no

identified character supporting or character defining buildings,

either through the context and the relationship of the building or

through the building’s mass, height or rhythm of façades;

(iii) whether the existing building forms part of a cohesive group of

buildings in terms of similarity of age, scale, proportion or design

and the extent to which the building’s demolition or partial

demolition would detract from the contribution that group makes to

streetscape, the special character and context of the area;

(iv) whether the building is beyond rehabilitation to a state which would

display its special qualities, architectural qualities or special

characteristics of the streetscape and the surrounding area; and

(v) whether the costs of restoration and repair are significantly greater

in comparison to the costs of a new building of similar size and

quality.

The policies are addressed in Part 4.2 below. The conclusion from that assessment is that the development achieves Policies D18.3(8) to (14).

The single storey restaurant building at 42 Ponsonby Road will be demolished as part of the redevelopment proposals. This existing building is a designated Character Supporting. However, it has been highly altered. The building frontage has a modern shopfront and veranda constructed for the Thai restaurant occupier. Internally, the building has been altered for use by the restaurant.

The subject building when compared to other buildings in the area is not a high-quality contributor to the special character attributes of the area and described in the character statement. The Archifact report at Attachment F addresses the effects of demolition of the Character Supporting Building. It concludes that the proposed development activity of demolition would have less than minor effect on the special character and context of the area.

3.3 Additions to the Character Defining building The assessment criteria for the additions to the Character Defining building are:

D18.8.2.2. Special Character Areas Overlay – Business

(2) For additions to a character defining building:

(a) policies D18.3(8) to (14) as relevant, and in addition, all of the following:

(i) whether the additions are appropriate when considered against the

relevant assessment criteria for additions in the zone;

(ii) whether at the street elevation(s) maintains an appearance similar

to the original façade of the character defining building;

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(iii) where relevant, whether the addition to building is positioned and

designed to retain the continuity of the front façade alignment of

the building or adjoining buildings and the established horizontal

or vertical modulation;

(iv) whether the design and materials respect and respond positively to

those originally used and contribute strongly to the architectural

character and detailing of the building;

(v) whether the additions to building are compatible with the

architectural form, mass, proportions and style of the existing

building(s) on the site;

(vi) whether the additions to the building retain as much of the existing

building fabric as practicable;

(vii) whether the additions to building use a colour scheme which is

compatible with the age and detailing of the building;

(viii) for retail premises whether the additions to the building have main

frontage(s) incorporating significant areas of unobscured display

glazing and building entries reflecting traditional forms in order to

maintain good visual connections with the street; and

(ix) whether the additions to the building locate and design

attachments, such as signs, aerials and air conditioning units,

sympathetically to the existing building.

The two-storey masonry building at 44-48 Ponsonby Road will be regenerated as part of the development proposals. The building is a Character Defining building. It was erected in the 1890s, originally comprising three dwellings. The building has since undergone many alterations. It is proposed to remove the annex to the rear of the building. This demolition works comprise 27% of the area of wall elevations and roof area of the existing building. The wing wall of the west elevation will provide an entryway into the new Laneway from Crummer Road. The ground floor level of the Character Defining building will be lowered to create inclusive access and synergy with the surrounding public realm. A new canopy and veranda, sympathetic to the fabric of the building, will be provided to external elevations fronting Crummer Road and Ponsonby Road to protect pedestrians and shelter visitors from the elements. These will help to activate the gateway corner building through creating attractive public space and amenity. At first floor level, a modern bridge will be erected, connecting the Character Defining building with the new mixed-use building at the rear of the site. The pedestrian bridge will link with the Breezeway and through to commercial units proposed in the new building. Whilst sympathetic to the simplicity and materials of the Character Defining building, the new bridge will be of an attractive modern design clearly separating it from the fabric of the original building. The demolition of elements of the front façade of 44-48 Ponsonby Road will allow for the development of the rear of the site in a manner that responds positively to the special character values and surrounding context of the area. The proposed demolition of the existing porticos and awning currently fixed to the front façade will allow for the character defining building to be paired back and defining features articulated with greater clarity. The elements have been identified as not original fabric. The demolition of the lean-to at the rear of the building will result in the demolition of a portion of the Crummer Road frontage. This will allow for a new public laneway through the site, linking Ponsonby and Crummer Roads. It also allows the new building to be set back from the Character Defining Building.

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The Italianate style of the building is unique to the immediate area with no other buildings of similar style in close proximity. A small number of similar styled buildings exist within the wider area. The features that are proposed to be demolished do not disrupt the cohesiveness of the loose groupings in the wider special character area. There are no meaningful historical links or physical connections to the scheduled historic places in the immediate area. The demolition of the minor and subservient elements would have no adverse effect on the special character values in the area. The Archifact report at Attachment F addresses the effects of works to the Character Defining Building. It concludes that the demolition of the minor and subservient elements allows for the adaptive use of the Character Defining Building as an integral part of the overall development. The building will be strengthened and areas restored. The alterations that are proposed will enable the building to function and contribute to the burgeoning hospitality and retail destination of Auckland. The additions of the veranda space will allow users to engage and be a part of the streetscape all year round. The alterations will include the seismic strengthening of the character defining building and restoration of external elements (window and door joinery, plaster and roof repairs) to ensure its ongoing use and longevity as a high contributor to the special character of the Ponsonby business area.

3.4 New buildings within the Special Character Area Overlay and within the Business – Town Centre Zone

The relevant assessment criteria at Rule D18.8.2.2(4), for new buildings within the Special Character Area Overlay, and at Rule H10.8.1, for new buildings within the Business – Town Centre Zone, are set out and addressed below.

D18.8.2.2. Special Character Areas Overlay – Business

(4) For new buildings; or alterations and additions to buildings not identified as

character defining or character supporting:

(a) policies D18.3(8) to (14);

(b) whether the new building or alterations and additions to buildings not

identified as character defining or character supporting:

(i) are appropriate when considered against the relevant assessment

criteria for new buildings or alterations or additions in the zone;

(ii) reflect and have regard to the special character statement for the

area;

(iii) are designed to respond positively to the architectural form, bulk,

proportions, materials and colour of any existing buildings on the

site and/or any surrounding scheduled historic heritage place,

character-defining or character-supporting buildings;

(iv) are designed to respond positively to the built form characteristics

and urban structure of the special character area;

(v) are designed and located in a manner that respects original

physical features of the special character area as identified in the

built form section of the special character statement;

(vi) where possible, are positioned to reflect and/or enhance the

continuity of the historic front façade alignments of the adjoining

character defining or character supporting buildings;

(vii) are constructed with materials that are of a high standard of quality

and durability that respond positively to the architectural character

and detailing of any scheduled historic heritage place, character-

defining or character-supporting buildings;

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(viii) are designed to respond positively to the established horizontal or

vertical modulation evident on the front façade of any existing

scheduled historic heritage place, character-defining or character-

supporting buildings;

(ix) for retail premises, have main frontage(s) incorporating significant

areas of unobscured display glazing and building entries reflecting

traditional forms in order to maintain good visual connections with

the street;

(x) proposes to combine buildings and/or sites, so that the finished

appearance/facade maintains visual evidence of the previous

pattern of development by vertical modulation; and

(xi) provides for on-site parking or loading where this would enable

better outcomes in terms of maintaining/enhancing special

character and supporting commercial land use viability.

H10.8.1. Business – Town Centre Zone

(2) New buildings and alterations and additions to buildings not otherwise provided

for:

(a) the design and appearance of buildings in so far as it affects the existing

and future amenity values of public streets and spaces used by significant

numbers of people. This includes:

(i) the contribution that such buildings make to the attractiveness

pleasantness and enclosure of the public space;

(ii) the maintenance or enhancement of amenity for pedestrians using the

public space or street;

(iii) the provision of convenient and direct access between the street and

building for people of all ages and abilities;

(iv) measures adopted for limiting the adverse visual effects of any blank

walls along the frontage of the public space; and

(v) the effectiveness of screening of car parking and service areas from

the view of people using the public space;

(b) the provision of floor to floor heights that will provide the flexibility of the

space to be adaptable to a wide variety of use over time;

(c) the extent of glazing provided on walls fronting public streets and public

spaces and the benefits it provides in terms of:

(i) the attractiveness and pleasantness of the public space and the

amenity for people using or passing through that space;

(ii) the degree of visibility that it provides between the public space and

the building interior; and

(iii) the opportunities for passive surveillance of the street from the ground

floor of buildings;

(d) the provision of verandahs to provide weather protection in areas used, or

likely to be used, by significant numbers of pedestrians;

(e) the application of crime prevention through environmental design

principles to the design and layout of buildings adjoining public spaces;

(f) the effects of creation of new roads and/or service lanes on the matters

listed above;

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(g) the positive effects that landscaping, including required landscaping on

sites adjoining public spaces is able to contribute to the amenity values of

the people using or passing through the public space;

(h) taking an integrated stormwater management approach; and

(i) all the above matters to be assessed having regard to the outcomes set out

in this Plan and the functional requirements of the activities that the

buildings are intended to accommodate;

The new building will positively contribute to the attractiveness and existing and future amenity of the public streets. The alterations to the Character Defining building frontage contribute to pedestrian movement and amenity and the development creates an active streetscape. The changes to the façade of the Character Defining building contributes to the articulation of the frontages of this gateway corner. The restoration of this building will maintain its use through sustainable economic development. Pedestrians will still be able to use the footpath and road. The existing concrete vehicle crossing on Crummer Road will be removed and the pavement restored. A new level crossing will be created further west on Crummer Road which access a vehicle ramp, set back from the street frontage, into the basement level of the new building. Car, motorcycle and bicycle parking will be provided at basement level along with the loading area, refuse storage, staff showers and back of house areas. The car park will be screened from view by the new building. The new development will be positive for pedestrians and present a more interesting and appealing street environment.

Part (b) of Rule 2 seeks provision of floor to floor heights that provide flexibility of the space to be adapted over time. The proposal represents flexibility inside the building in terms of mezzanine and full floors.

There are limited areas of soft landscaping on the existing site. The redevelopment creates opportunities for this to be enhanced through opening up areas around the Character Defining building and also along the new Laneway with extensive planters along terraces. The development positively responds to the context and values of the Ponsonby Road business character area. The high-quality design and cohesive relationship to the existing buildings contribute to the streetscape. The business character of the area is supported through the commercial uses proposed. The proposed minor demolition works (less than 30%) of the Character Defining building do not erode the character of the Ponsonby Road special character area. Whilst work is proposed to the front façade of the existing building, this does not disrupt the cohesiveness to the streetscape and the proposed new pedestrian stairway access will improve integration and pedestrian linkages to the new facilities provided by the development and the future use of the Character Defining building. Whilst the improvements to the Character Defining building and addition to the front façade are modern in nature the appearance maintained at the street elevation is sympathetic to the architectural character of the existing building. The assessment of effects contained within the Special Character Assessment prepared by Archifact (Attachment F) and the Urban Design Assessment prepared by RA Skidmore (Attachment G) conclude that the proposed new building has been designed to have regard and respond positively to the special character values and context of the area. The proposal balances the retention of the character defining building on the corner of Ponsonby and Crummer Roads and the low intensity use of this portion of the site, with development of a greater scale around it. The refurbishment of the Palace building and its modification to enable its use in a manner that actively engages with the adjacent public realm will enhance its role as a character defining feature. While of a greater scale and intensity, the proposed new building is sensitive to this feature and the distinctive character of the wider

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environment. The Site configuration and design of buildings will enhance the adjacent public realm and accommodate activities that contribute to the area’s vitality.

3.5 Activities within 30m of a residential zone Standard H10.6.0 applies to those parts of the activities subject to the application that are within 30m of the Residential - Single House Zone to the opposite side of Ponsonby Road. The development includes for an enclosed veranda and dining terrace ancillary to the restaurant / bar uses at ground floor level. 1.15 sqm of this outdoor seating area is within 30 metres of the residential zone. At third floor level 9.8 sqm of the roof terrace is also within 30 metres of the residential zone. Therefore, restricted discretionary consent is required under rule H10.6.0. The relevant assessment criteria are as follows: H10.8.1.(1) Activities within 30m of a residential zone

(a) the compatibility of:

(i) the effects of intensity and scale of the development arising from the numbers of people and/or vehicles using the site; and

(ii) the effects of the operation of the activity;

on the existing and expected future amenity values of the surrounding area and any practicable mitigation measures that would be appropriate to manage those effects;

(b) the effects of the design and location of parking areas and vehicle access and servicing arrangements on visual amenity of the streetscape and on pedestrian safety;

(c) the effects of location, design and management of storage and servicing facilities on the amenity values of nearby residential properties including potential visual effects, adequacy of access for service vehicles (including waste collection) and any night time noise effects; and

(d) the assessment of the above matters having regard to the need to provide for the functional requirements of the activity;

The front outdoor dining area and rooftop terrace dining area will be used by the restaurant tenancies located within the existing Character Defining Building. An assessment of the noise emission from patrons dining outdoors has been addressed within the Acoustic Assessment prepared by Marshall Day (Attachment L). A total 10.95 sqm of the outdoor dining areas is within 30 metres of the Residential – Single House Zone. Whilst partially within 30 metres from the residential zone, tenancies G01 and G02 are proposed for use as restaurants and do not therefore require activity consent under rule H10.6.0. The restaurants will be operational up to 7 days a week between the hours of 9:00 am to 11:30 pm. The Marshall Day assessment (Attachment L) considers that the average noise levels at residential sites would be less than 55 dB LAeq with all three of the outdoor areas in use, this includes the rear outdoor dining area situated in the courtyard area. Noise from the front outdoor dining area at ground level is the controlling outdoor area in terms of noise received at the residential zoned sites on the other side of Ponsonby Road. Therefore, use of the front outdoor dining area at ground level is proposed to be limited to the residential zone daytime hours (i.e. Monday to Saturday between 7:00 am – 10:00 pm and Sunday 9:00 am – 6:00 pm). No loud music will be played/emitted within any of the outdoor dining areas. The activity proposed on the application site would be similar in character to that which is currently established in the vicinity of the nearest business zoned sites, i.e. cafes / restaurants / commercial / retail. Furthermore, the existing noise environment in the vicinity of the application site is significantly affected by existing road traffic noise.

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In achieving compliance with the relevant noise limits, and taking into account the elevated noise environment from traffic, the noise effects on any residential property would be acceptable and reasonable. The outdoor dining areas are associated with the restaurant tenancies, which will be serviced from within the proposed building that provides for basement loading and refuse, with lift access to upper levels. The third floor roof terrace will be screened by planters to the north and east elevations, and the edible gardens proposed through the western part of the terrace. At ground floor level, stepped access will be provided to the dining terrace from Ponsonby Road as the terrace will be elevated above pavement level and setback by circa. 0.25m. There is one basement car park associated with the bar/tavern and outdoor eating activity and within 30m of the Residential – Single House Zone to the opposite site of Ponsonby Road from the development. There will be no adverse effect on the residential zone from this basement car park. As the parking activity is confined to an enclosed basement, there would be no noise effects from vehicles using the basement car park. In summary, no adverse effects arise from the areas of the development within 30m of the residential zone on the opposite side of Ponsonby Road.

3.6 Height of buildings within the Business – Town Centre Zone The new building requires restricted discretionary activity consent for breach of the height limit. The relevant assessment criteria for buildings that do not comply with the standards for the Zone are:

H10.8.1. Business – Town Centre Zone

(6) Buildings that do not comply with the standards:

(a) any policy which is relevant to the standard;

(b) the purpose of the standard;

(c) the effects of the infringement of the standard;

(d) the effects on the amenity of neighbouring sites;

(e) the effects of any special or unusual characteristic of the site which is

relevant to the standard;

(f) the characteristics of the development;

(g) any other matters specifically listed for the standard; and

(h) where more than one standard will be infringed, the effects of all

infringements.

The policy framework for the Business - Town Centre zone seeks to balance increasing scale and intensity of development with ensuring compatibility with the design outcomes sought for the Centre. The objective is for town centres to be attractive places to live, work and visit with vibrant and vital commercial, entertainment and retail areas. An assessment of relevant policies is provided below under Section 4. The height of the new building exceeds the permitted height standard (Rule H10.6.1) by up to 7 metres at the tallest part of the new building fronting Crummer Road, thereby requiring restricted discretionary consent. Auckland Council officers, at the pre-application meeting held on 18 January 2018 and as recorded in the Pre-Application Consenting Memo (Attachment N), stated in regard to the proposed height that:

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“Not opposed to this as it is considered that the setback afforded from Ponsonby Road takes care of this. It is considered that the height can be accommodated on the site, especially when looking at the context of the surrounding sites – i.e. Vinegar lane.”

In regard to the Crummer Road elevation, the design approach has adopted a similar response with modulation expressed as distinguishable facades. Auckland Council Urban Design officer considered, as stated in the Pre-Application Consenting Memo, that:

“the top-level set back and modulation (expressed as two distinguishable facades) approach of Ponsonby Street frontage to be quite a success and would advise the applicant to adopt similar response for Crummer Road elevation.”

The development has resulted from a thorough analysis of the Site and its context (both immediate and wide). The location and character of the streets that bound the Site, together with the location and form of the Character Defining Palace building, have been primary determinants. As detailed in the Urban Design Assessment at Attachment G, retention of the Palace building in its street corner location has presented challenges to the overall Site development, including setback from street frontages and elevation above street level; and constraints to accommodating additional building mass on the site. The AUDP recommendations (Attachment O), state that

“additional height may be appropriate provided that there are explicit benefits including greater enhancement of the public realm and ensuring that the additional height does not result in domination of the character defining building”

The new building responds positively to the character building and creates a positive frontage to both Crummer Road and Ponsonby Road. The new building provides a suitable setback and façade treatment, and retail tenancies provide active frontages at ground floor level with glazed shopfronts. The proposed laneway provides a secondary pedestrian focussed connection that compliments the public realm of surrounding streets. The development has been configured to activate adjacent street spaces. The new building provides flexible floor plates to accommodate a range of tenancies with different spatial requirements. The Character Defining Building will be underpinned and earthquake strengthened, and a basement level is provided to the site to accommodate car parking, cycle parking, loading, servicing and refuse storage. The scale and form of the buildings fronting Ponsonby Road provide a level of cohesion to the retail frontage that extends to the east. The scale of building form sits comfortably in relation to adjacent buildings. The higher building form is stepped back from the frontage and creates a simple, gently curved form as an enclosing backdrop to the character Palace building. The development proposal utilises innovative sustainability measures, as outlined in the Living Building Challenge assessment by Tricia Love Consults (Attachment J). A number of these features, such as the rooftop wind turbines, will be readily apparent and provide an expression of environmental design and sustainability. The development has been designed and will be operated to adopt the philosophy and principles set out by the Living Building Challenge. The Sun Study contained within the Architectural Statement at Attachment D demonstrates the additional shading effects of the proposed building on 3 Crummer Road, 2-4 Crummer Road and 21 Maidstone Road. These properties, located in the Business Town Centre and Mixed Use zones, are occupied by offices, a health and fitness studio, café and other commercial uses. The shading effects to 3 Crummer Road are up to an additional 1.5hrs in the early morning in part of the year over the summer months. Shading to 2-4 Crummer Road is up to 2.5hrs in the morning. Shading to 21 Maidstone Street is up to 3hrs in part of the year over the winter months. The shading effects are assessed by R.A. Skidmore in

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the Urban Design Assessment at Attachment G, which concludes that the adverse effect resulting from the additional shading will be less than minor.

3.7 Special Character Business Area with identified Character Defining

Buildings

The relevant assessment criteria at Rule D18.8.1.2(1), are set out and addressed below.

(a) The effects of the activity on the streetscape and special character context as outlined in the special character area statement;

(b) The integrity of the building in its current state, having regard to its architectural

form and style and the authenticity of its component parts as well as its contribution to the streetscape character;

(c) The building's relationship to other adjacent buildings, and if it contributes to a

group in such a way that its demolition, alteration or D18 Special Character Areas Overlay – Residential and Business Auckland Unitary Plan Operative in part 17 addition would result in the loss of a character value attributable to the group; and

(d) The condition of the building, and the practicality and cost of any necessary

rehabilitation, and the ability to achieve reasonable amenity for occupants and reasonable compliance with any requirement of the Building Act 2004.

An assessment of effects is provided within the Special Character Assessment prepared by Archifact (Attachment F) and the Urban Design Assessment prepared by RA Skidmore (Attachment G). The development has been designed in a manner that reinforces the scale of the built form in the Special Character Area. More recent infill construction has occurred on Ponsonby Road, with mixed-use buildings up to four stories high. The proposed development contributes to the diversity in the established character of the area. There is variation of streetscape character through the area, with a mix of one to four storey buildings. Commercial buildings are typically built up to the street edge and continuous building frontages contribute to the sense of enclosure of the street. The proposed retail frontage contributes to this streetscape quality providing an active building frontage and a building with a mix of uses. In parts of the Special Character Area where there is more variety in building types, the street edge is less defined but the elements of the streetscape still combine to create a strong character. A sense of enclosure is created by the proposed development through the aesthetic of the Character Defining building and framing of the new building. The demolition works proposed to the Character Defining building are minor (less than 30%) and the development proposals improve the condition and land use of the building and therefore the character value attributable to the buildings. The Character Supporting building is of less than minor heritage value due to it’s alteration over the years and its demolition is on balance of benefit to the Special Character Area.

3.8 Transport

The assessment criteria from Rule E27.8.1 relevant to the proposed loading provision and the relocation of an existing vehicle crossing in Key Retail Frontage are:

(8) Any activity or development which provides fewer than the minimum number of

loading spaces under Standard E27.6.2(8):

(a) adequacy for the site and the proposal; and

(b) effects on the transport network.

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(9) Any activity or development which infringes the standards for design of parking and loading areas or access under Standard E27.6.3:

(a) adequacy for the site and the proposal;

(b) design of parking, loading and access;

(c) effects on pedestrian and streetscape amenity; and

(d) effects on the transport network.

A loading area will be provided in the basement of the new building. Loading and unloading by small sized trucks can occur within the basement carpark. These activities are expected to be infrequent (particularly insofar as waste collection is concerned) due to the extensive ‘green-building’ features of the development. Most deliveries such as courier parcels and food supplies for the restaurants are expected to be delivered by vehicles such as courier vans. Overall, the loading arrangements are acceptable for the intended use, as supported by the Traffic Impact Assessment prepared by TEAM at Attachment H. The existing vehicle access from Crummer Road will be closed up and a new access/egress will be provided from Crummer Road to the proposed basement level car park. Parking within the new car park will be provided for circa. 14 vehicles, including an accessible space for people with disabilities. Parking for 40 bicycles is also provided on-site which meets the requirements for the proposed development. Given the Business Town Centre location, which is well served by public transport, public parking and the existing car park, and the intention of the AUPOP, there is an appropriate level of parking to serve the development. As demonstrated in the TEAM Traffic Impact Assessment (Attachment H), the peak trip generation for the development proposal will not have a discernible effect on the adjacent road network. In summary, there are no adverse effects in relation to transport.

3.9 Earthworks The relevant assessment criteria at Rule E12.8.2, are set out and addressed below. (1) All restricted discretionary activities:

(a) whether applicable standards are complied with;

(b) the extent to which the earthworks will generate adverse noise, vibration, odour, dust, lighting and traffic effects on the surrounding environment and the effectiveness of proposed mitigation measures;

(c) whether the earthworks and any associated retaining structures are designed and located to avoid adverse effects on the stability and safety of surrounding land, buildings, and structures;

(d) whether the earthworks and final ground levels will adversely affect

overland flow paths or increase potential volume or frequency of flooding within the site or surrounding sites;

(e) whether a protocol for the accidental discovery of kōiwi, archaeology and artefacts of Māori origin has been provided and the effectiveness of the protocol in managing the impact on Mana Whenua cultural heritage if a discovery is made;

(f) whether the extent or impacts of adverse effects from the land disturbance can be mitigated by managing the duration, season or staging of such works;

(g) the extent to which the area of the land disturbance is minimised, consistent with the scale of development being undertaken;

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(h) the extent to which the land disturbance is necessary to provide for the functional or operational requirements of the network utility installation, repair or maintenance;

(i) the extent of risks associated with natural hazards and whether the risks can be reduced or not increased;

(j) whether the land disturbance and final ground levels will adversely affect existing utility services;

(k) the extent to which the land disturbance is necessary to accommodate development otherwise provided for by the Plan, or to facilitate the appropriate use of land in the open space environment, including development proposed in a relevant operative reserve management plan or parks management plan;

(l) for land disturbance near Transpower New Zealand Limited transmission towers:

(i) the outcome of any consultation with Transpower New Zealand Limited; and

(ii) the risk to the structural integrity of transmission lines.

(m) the extent to which earthworks avoid, minimise, or mitigate adverse effects on any archaeological sites that have been identified in the assessment of effects.

The proposed earthworks will involve cut to waste operations to create subgrade levels within the basement. Restricted discretionary consent is required for the volume of excavation required for the basement works. The Civil Engineering Assessment and Sediment Control report at Attachment I assesses the proposed earthworks and management, including erosion and sediment control measures and construction methodology. The effects of the earthworks are mitigated by construction management controls. Earthworks will be carried out in general accordance with Council GD05. Where possible, works will be staged to minimise the extent of exposed areas. Erosion and sediment control devices have been designed and assessed in order to reduce the volume of sediment leaving the site, thus protecting downstream environments from excessive sedimentation and water quality degradation. A draft Construction Management Plan has been prepared by RCP at Attachment M. It is anticipated that construction management will also be a condition of consent. In summary, there are no adverse effects in relation to earthworks.

3.10 Diversion of Groundwater The take, use and diversion of groundwater does not meet permitted activity standards E7.6.1.6(2), E7.6.1.10(4)(a) and (5)(a). As discussed in Section 1 above, restricted discretionary consent is required for the development for the diversion of groundwater caused by any excavation that does not meet all of the permitted activity standards. The Geotechnical Investigation Report prepared by Tonkin & Taylor (Attachment P) addresses these works which comprise excavation below groundwater level which is expected to occur for longer than the permitted 30 days; that the proposed basement will impede the flow of groundwater over a length greater than 20m; and, that the basement excavation and distance to adjacent property will be less than the depth of excavation. The assessment of effect on the environment of these activities is embedded within the Tonkin & Taylor geotechnical report. Due to the depth of the basement and close proximity to the neighbouring properties and infrastructure, a propped retaining wall will be required. Geotechnical retaining wall design parameters for detailed design of the basement retaining walls are presented in the

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Geotechnical Investigation Report. The basement is proposed to have a finished floor level or RL 63.02m at its lowest level, corresponding to a maximum retained height of approximately 4.3m to finished basement level. It is likely that over dig of approximately 0.6 m will be required beyond this depth, to allow for installation of the under-slab drainage and the final basement floor. This will likely correspond to a maximum excavation depth of approximately 4.9m depth below existing ground level (begl). The depth to groundwater level was measured at between 2.3m and 2.7m below ground surface (RL of 64.6 m to 65.0 m) within the alluvial deposits and veneer of fill across the site respectively. For the groundwater assessment purposes, a nominal depth of 2.7m begl was used. A tanked basement solution with an RC secant pile ‘cut off’ wall is proposed to eliminate groundwater drawdown settlements. This site is considered suitable for construction of the proposed development. Tonkin & Taylor recommend detailed design of the basement excavation retention and foundation systems. Preliminary recommendations and geotechnical design considerations are presented in the Geotechnical Investigation Report and as a result any effects of the groundwater diversion have been identified and addressed in the design of the proposal. The potential for surface deformation of the surrounding ground due to the proposed basement excavations has been assessed. A monitoring programme is recommended to be implemented prior to and during basement excavation to evaluate seasonal movements of the adjacent building prior to construction of the development. Further geotechnical work is proposed as detailed in the Geotechnical Investigation Report.

3.11 Noise & Vibrations from Construction Activities Marshall Day Acoustics has concluded in the Assessment of Noise Effects (Appendix L) that predicted noise emissions from the development proposal would be of a reasonable level so as not to have an unacceptable impact on amenity. Construction noise shall comply with AUP OIP Standard E25.6.27 unless otherwise provided for in the Construction Noise Management Plan. Based on a worst-case scenario, it is concluded by Marshall Day that there would be receivers where the construction noise limit would be exceeded for intermittent periods. As the actual construction methodology and equipment is unknown at this stage, it is recommended that any potential construction noise effects be managed through a Construction Noise Management Plan, to be submitted to council prior to any works commencing. Appropriate contractors will be appointed once resource consent is granted. The Construction Noise Management Plan will be implemented throughout the demolition and construction periods of the project. As a minimum, the CNMP should include the mitigation and management procedures outlined in Annex E of NZS 6803:1999. This is recommended as a condition of consent, as detailed within the Assessment of Noise Effects.

3.12 Summary of Effects The proposed development when assessed in the context of the applicable matters of discretion and assessment criteria will have no adverse effects as a result of the affects being properly identified and addressed in the design of the proposal.

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The use of the front outdoor dining area at ground level is proposed to be limited to the residential zone daytime hours (i.e. Monday to Saturday between 7:00 am – 10:00 pm and Sunday 9:00 am – 6:00 pm). The parties within the residential zone are not affected by the development. The Geotechnical Investigation Report (Attachment P) considers the site suitable for construction of the proposed development. The recommendations of the report provide preliminary geotechnical design advice to ensure no adverse effects as a result of the groundwater diversion. The development will contribute positively to the built form and amenity of this area. The above assessment and Archifact (Attachment F) concludes that there will be no unacceptable adverse effects from the development.

4 Assessment of Relevant Objectives and Policies

4.1 Auckland Regional Policy Statement – Urban Growth and Form The development proposal responds to Objectives B2.2.1 with quality compact form that supports the urban environment and wider economic growth through provision of integrated commercial facilities in a Business Town Centre. The development enables and supports efficient use of infrastructure and public transport and serves the intensification of the wider residential zones in the area, as envisaged in the Unitary Plan. In accordance with Objectives B2.3.1, the development responds to the intrinsic qualities and physical characteristics of the site and area. The innovative design of the high quality, modern development responds to environmental effects of climate change through sustainable redevelopment, which is capable of adapting to changing needs, and is an efficient use of land. Objectives of commercial growth, in B2.5.1, promote employment and commercial opportunities to meet current and future demands. The development contributes to a diverse mix of choice and opportunity for people and communities. Commercial growth and activities are primarily focussed within the hierarchy of centres that supports a compact urban form. The development proposal supports the function of the Business Town Centre and does not affect the vitality and viability of other larger centres. Policies B2.2.2 promote urban growth and intensification within the Rural Urban Boundary. Higher residential intensification is promoted around centres close to public transport and employment opportunities. Centres provide for a range of activities to support and serve as focal points for their local communities. Choice should be provided to meet the needs of people and communities for a range of working environments. The development proposal is responding to the broad intent of policy to intensify centres. Policies B2.5.2 encourage commercial and residential activities within centres. The development proposal contributes to creating an attractive and efficient urban environment, with employment and commercial opportunities that support the role of the Business Town Centre.

4.2 Auckland Regional Policy Statement – Built Heritage and Character The Archifact report at Attachment F addresses the effects of demolition of the Character Supporting Building, alterations to the Character Defining Building and the construction of a new building within the Special Character Business Zone. Objective B5.3.1 states that historic heritage values of special character areas be protected from inappropriate

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development. The development proposal is appropriate and enhances the character and amenity values of the Special Character Business Zone. 4.3 Business Town Centre Zone – Objectives H10.2 and Policies H10.3

Provision

No.

Provision Assessment

H10.2

Objective

General objectives for all centres,

Business – Mixed Use Zone,

Business – General Business Zone

and Business – Business Park Zone

(1) A strong network of centres that are

attractive environments and attract

ongoing investment, promote

commercial activity, and provide

employment, housing and goods and

services, all at a variety of scales.

The proposal is consistent with the general

Objectives for all centres, as the development

will contribute to the creation of an attractive

urban environment.

(3) Development positively contributes

towards planned future form and

quality, creating a sense of place.

The design and changes promoted as part of

this consent will contribute positively to the

surrounding streetscape

(4) Business activity is distributed in

locations, and is of a scale and form,

that:

provides for the community’s social and

economic needs;

(a) improves community access to

goods, services, community

facilities and

(b) opportunities for social interaction;

and manages adverse effects on

the environment, including effects

on

(c) infrastructure and residential

amenity.

The commercial activities proposed and part of

the intensive regeneration of the site, support

economic growth and specifically improve

access to goods, facilities and opportunities for

social interaction in the town centre.

(5) A network of centres that provides:

(a) a framework and context to the

functioning of the urban area and

its transport network, recognising:

(i) the regional role and function

of the city centre,

metropolitan centres and

town centres as commercial,

cultural and social focal

points for the region, sub-

regions and local areas; and

(ii) local centres and

neighbourhood centres in

their role to provide for a

(ii)range of convenience

activities to support and

30

serve as focal points for their

local communities.

(b) clear framework within which

public and private investment can

be prioritised and made; and

(c) a basis for regeneration and

intensification initiatives.

(6) Town centres are the focus of

commercial, community and civic

activities for the surrounding area and

which provide for residential

intensification.

The proposal is consistent with the specific

objectives for the Business Town Centre Zone

and the proposal contributes to the zone being

a focal point for commercial activity.

(7) The scale and intensity of development

in town centres is increased while

ensuring development is in keeping with

the planning and design outcomes

identified in this Plan for the relevant

centre.

The scale of development proposed is

cognisant with existing development in the

area and is in keeping with the planning and

design outcomes identified for the Business

Town Centre.

(9) Key Retail Frontage streets are a focus

for pedestrian activity, with General

Commercial Frontage streets

supporting this role.

The active frontage provided by commercial

activities as promoted by the development

support the vitality and viability of the Business

Town Centre.

H10.3.

Policies

General policies for all centres,

Business – Mixed Use Zone,

Business – General Business Zone

and Business – Business Park Zone

(1) Reinforce the function of the city centre,

metropolitan centres and town centres

as the primary location for commercial

activity, according to their role in the

hierarchy of centres.

The proposed development is consistent with

the policies of the zone and provides uses

which support sustainable economic growth.

(2) Enable an increase in the density,

diversity and quality of housing in the

centre zones and Business – Mixed Use

Zone while managing any reverse

sensitivity effects including from the

higher levels of ambient noise and

reduced privacy that may result from

non-residential activities.

The ground floor retail and upper level offices

will not impact on the amenity of neighbouring

residential activities.

(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; and

(c) pedestrian amenity, movement,

safety and convenience for people

of all ages and abilities.

The proposed new building and change will

contribute positively to the streetscape. The

visual interest of the street will be improved as

the design characteristics of the new building

and façade are high quality and reflect the uses

of the new building. The proposed

development will contribute to create an

appealing frontage for pedestrian use of the

streetscape.

31

(4) Encourage universal access for all

development, particularly medium to

large scale development.

The design of the building and the access for

pedestrians and vehicles enables universal

access to the development. Pedestrian

amenity and movement will not be impaired by

the development of the site.

(5) Require large-scale development to be

of a design quality that is

commensurate with the prominence

and visual effects of the development.

The proposed design of the new building and

appearance changes to the special character

building continue to make the town centre an

attractive place to work and visit.

(6) Encourage buildings at the ground floor

to be adaptable to a range of uses to

allow activities to change over time.

The proposal represents flexibility inside the

building. Floor to floor heights provide flexibility

of the space to be adapted over time.

(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.

The dedicated basement car park will be

screened from Crummer Road.

(9) Discourage activities, which have

noxious, offensive, or undesirable

qualities from locating within the centres

and mixed use zones, while recognising

the need to retain employment

opportunities.

Not applicable.

(10) Discourage dwellings at ground floor in

centre zones and enable dwellings

above ground floor in centre zones.

The development does not propose residential

activity and the ground floor units will be retail

use class.

(11) Require development to avoid, remedy

or mitigate adverse wind and glare

effects on public open spaces, including

streets, and shading effects on open

space zoned land.

The proposed development will not cause

adverse wind and glare to surrounding streets.

(12) Recognise the functional and

operational requirements of activities

and development.

The adaptability of the units within the modern

building support future needs, maximise street

activation and contribute positively to the

outcomes promoted by the Zone.

(13) In identified locations within the centres

zones, Business – Mixed Use Zone,

Business – General Business Zone and

Business – Business Park Zone enable

greater building height than the

standard zone height, having regard to

whether the greater height:

(a) is an efficient use of land;

(b) supports public transport,

community infrastructure and

contributes to centre vitality and

vibrancy;

(c) considering the size and depth of

the area, can be accommodated

without significant adverse effects

on adjacent residential zones; and

The proposed scale and mass of development

on the Site balances the positive response to

the Palace building whilst providing a new

building that also efficiently supports the role

and function of the Business Town Centre in

sustainable growth. The development will

impact positively for neighbouring residential

activities, providing employment and services.

32

(d) is supported by the status of the

centre in the centres hierarchy, or

is adjacent to such a centre.

(14) In identified locations within the centre

zones, Business – Mixed Use Zone,

Business – General Business Zone and

Business – Business Park Zone, reduce

building height below the standard zone

height, where the standard zone height

would have significant adverse effects

on identified special character,

identified landscape features, or

amenity.

The new building is not compliant with the

Height Variation Control. The higher building

form is stepped back from the frontage and

creates a simply, gently curved form as an

enclosing backdrop to the character Palace

building. The building form and façade

treatment has been configured and detailed to

break the mass into a number of elements that

sit comfortably with the existing urban form.

Business – Town Centre Zone policies

(15) Provide for town centres including new

town centres of different scales and

locations, that:

(a) service the surrounding community’s

needs for a range of uses, such as

commercial, leisure, tourist, cultural,

community and civic activities; and

(b) support a range of transport modes

including, public transport, pedestrian

and cycle networks and the ability to

change transport modes.

Office and commercial activities are proposed

by the development. The development

encourages use of sustainable modes of

transport. Limited car parking spaces provided

by the development promotes the use of

alternative modes of sustainable transport. The

provision of 40 bicycle spaces supports this.

(16) Enable significant growth and

intensification in town centres, except

for those centres where it would

compromise the planning outcomes

identified in this Plan for the relevant

centre.

The commercial activities proposed by the

sustainable redevelopment of the application

site will provide new offices and

commerce/community activities permitted in

the Town Centre Zone. The form of

development on the site both supports the

Special Character Area and provides a density

of development appropriate to the Business

Town Centre.

(17) Manage development in town centres

so that it contributes to the function and

amenity of the centre.

The quantum of office floorspace proposed by

the development will serve the economic

growth of the area and support employment.

(18) Require those parts of buildings with

frontages subject to the Key Retail

Frontage Control to maximise street

activation, building continuity along the

frontage, pedestrian amenity and safety

and visual quality.

The high quality regeneration of the site

enhances the activated commercial frontages

provided.

(19) Require those parts of buildings with

frontages subject to the General

Commercial Frontage Control to

achieve street activation, building

continuity along the frontage,

pedestrian amenity and safety and

visual quality.

Not applicable.

(20) Encourage the location of supermarkets

and department stores within town

centres by recognising:

Not applicable.

33

(a) the positive contribution these

activities make to centre viability and

function;

(b) the functional and operational

requirements of these activities; and

(c) where preferred built form outcomes

are not achieved, the development

needs to achieve a quality built

environment by positively contributing

to public open space, including the

activation of streets

(22) Restrict maximum impervious area

within a riparian yard in order to ensure

that adverse effects on water quality,

water quantity and amenity values are

avoided or mitigated.

Not applicable.

4.4 Special Character Business Area – Objectives D18.2 and Policies H18.3 & D18.8.2.2

The assessment of policies is also addressed in the Archifact report at Attachment F.

Provision

No.

Provision Assessment

D18.2 Objectives

(1) The special character values of the

area, as identified in the special

character area statement are

maintained and enhanced.

The values of the Special Character Area are

protected through appropriate development.

The proposed development references local

materials, form and scale in its design and

maintains activity.

(2) The physical attributes that define,

contribute to, or support the special

character of the area are retained,

including:

(a) built form, design and

architectural values of buildings

and their contexts;

(b) streetscape qualities and

cohesiveness, including

historical form of subdivision and

patterns of streets and roads;

and

(c) the relationship of built form to

landscape qualities and/or

natural features including

topography, vegetation, trees,

and open spaces.

The addition of the new building will enhance

the overall streetscape character by

introducing a building with a contemporary

architectural language that speaks to the

ongoing and necessary development of the

local area. The rhythm of the street is

enhanced by the additional height of the

building. The regeneration of the site will

activate street frontage by offering increased

visual access and is designed to engage the

public in an increased capacity and

permeability to the street edge and pedestrian

route through the site. A comprehensive soft

landscaping scheme, is detailed in the

Landscape Report at Attachment E, which

addresses the relationship of built form to

landscaping features proposed.

(3) The adverse effects of subdivision, use

and development on the identified

special character values of the area

are avoided, remedied or mitigated

Not applicable.

34

D18.3 Policies: Special Character Areas Overlay - Business

(8) Require all development and

redevelopment to have regard and

respond positively to the identified

special character values and context of

the area as identified in the special

character area statement.

The proposed development can be seen to be

compatible with the identified special character

values of the area. The distinctive character

area is formed by a strong pedestrian

orientation and amenity created by the mixed-

use nature of the area that displays variation in

the subdivision patterns and a variety of

building types. The diversity of building types

is an important attribute of the character of the

Special Character Area.

(9) Identify individual buildings that

contribute to the identified special

character according to the following

descriptions:

(a) character defining – makes a

considerable contribution to the

character of the area because of

historical, physical and visual

qualities; and

(b) character supporting – makes a

moderate contribution to the

character of the area. The

building should contribute to the

appearance, quality, and identity

of the area and should be

consistent with the values of

character-defining places.

The existing two buildings on the site have

been identified in the AUP Overlay maps as

being character supporting and character

defining. The original character supporting

building has been modified resulting in a

diminishing of its overall character. The

character defining building includes alterations

but the visual prominence of the subject

building allows it to make considerable

contribution to the special character area.

(10) Require any application for demolition

or removal of a character-defining and

character-supporting building in a

Special Character Area- Business to,

on its own or cumulatively as a result

of other demolition, demonstrate that

the loss of the building:

(a) would not erode the identified

special character values of the

area; and

(b) would not disrupt the

cohesiveness of the streetscape

and wider special character

area, including links with

scheduled historic heritage

places.

A modern mixed-use commercial/retail

development of a scale suitable to other

existing buildings in the area is proposed,

which will maintain and enhance recognised

special character values.

(11) Discourage the removal or substantial

demolition of buildings that contribute

to the continuity or coherence of the

The existing character supporting building

does not strongly contribute to the historic

architectural values of the area and will be

demolished. The elements of the Character

35

special character area as identified in

the special character area statement.

Defining Building that will be removed are not

substantial and will allow for the building to be

re-articulated into a useable activated space

that is appropriate and maintains the Special

Character Values of the area.

(13) Require additions and alterations to

existing character defining and

character-supporting buildings, to be

compatible with and respect the

special character and existing scale of

development.

The character supporting building will be

demolished. The Character Defining Building

will be re-articulated into a useable activated

space that is appropriate and maintains the

values of the Special Character Area.

(14) Encourage the ongoing use and

maintenance of buildings in special

character areas.

The demolition of the existing character

supporting building, regeneration of the

character defining building and higher density

redevelopment is an appropriate outcome for

this site.

The proposal is consistent with the relevant objectives and policies for the special character area.

4.5 Transport – Objectives E27.2 and Policies E27.3

The Transport objectives seek integrated networks that provides for sustainable modes of transport and reduces traffic generation. An integrated approach is taken to transport through the proposed land use, utilising access to sustainable public transport in this town centre location and proximity of the site to existing parking. It is demonstrated through the findings of the Transport Assessment that the development proposal will not have an adverse impact upon traffic generation on the transport network, in accordance with Objective 1. The provision of a safe and efficient on-site loading area supports urban growth and the quality compact urban form is commensurate with the character and scale of the Business Town Centre. Use of the existing on-street loading bay also contributes to the efficient use of land and the growth and intensification of development in the Business Town Centre zone. Pedestrian amenity is prioritised under Objective 5 and the development responds to this by creating a dedicated pedestrian laneway through the site. Pedestrian safety and amenity along public footpaths is maintained by the development and the proposed vehicle crossing from will operate safely. Flexible on-site parking is managed in accordance with Policy 3 to provide for the functional and operational requirements of the Site activities, whilst limiting the supply of on-site parking for the office development (Policy 5), to promote sustainable transport options. This ethos also accords with the environmental design of the development, supported through the Living Building Challenge. The proposal is consistent with the relevant objectives and policies for transport. 4.6 Land disturbance - District – Objective E12.2 and Policies E12.3

Objective E12.2 seeks that land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment.

36

The area of land disturbance from earthwork activities will be minimised as practically possible. Earthworks will be staged to progressively stabilise exposed areas with hardfill following completion. Where possible, all cleanwater runoff is to be diverted away from the site, thus reducing the contributing catchment to the exposed earthwork areas. Sediment-laden runoff will be intercepted and diverted from exposed areas to specifically designed treatment devices, prior to discharging into the downstream environment. The erosion and sediment control measures will be inspected regularly through ongoing assessment, and any maintenance undertaken necessary to maximise the potential retention of sediment on the site. In the event of forecast heavy rain, the site will be stabilised as far as practically possible and works closed down. Measures to prevent construction traffic exiting the construction area onto public roads with sediment and other materials attached to the undercarriage and tyres will be implemented. Resource consent conditions and the earthworks contract developed for the site will place specific responsibilities on the consent holder and the contractor, respectively, for the environmental management of the site. As part of this management, the contractor will be responsible for providing adequate erosion and sediment control measures to protect downstream environments and protocol for any discovery of kōiwi, archaeology and artefacts of Māori origin in line with Policy 4. The proposal is consistent with the relevant objectives and policies for earthworks.

4.7 Stormwater – Discharge and diversion – Objectives E1.2 (Water quality and

integrated management) and Policies E1.3

Objective E1.2(1) requires that stormwater and wastewater networks are managed to protect public health and safety and to prevent or minimise adverse effects of contaminants on freshwater and coastal water quality. The development proposal does not require activity consent for storm and waste water management. Whilst the development works include the realignment of pipe work, this will be undertaken in line with the relevant engineering and building design controls. The proposal is consistent with the relevant objectives and policies for water quality, integrated management, quantity, allocation and use.

4.8 Noise & Vibration – Objectives E25.2 and Policies E25.3 Objective E25.2(1) seeks that construction activities that cannot meet noise and vibration standards are enabled while controlling duration, frequency and timing to manage adverse effects. Temporary construction activities are proposed to be controlled through a Construction Noise Management Plan which will form a condition of consent. In line with policy E25.3(10), this plan will have regard to hours of operation and identification of affected sensitive receivers where noise performance standards apply. 4.9 Conclusion

The proposal is consistent with and achieves the relevant objectives and policies of the

AUPOP.

37

5 Resource Management Act 1991

The purpose of the Resource Management Act (RMA) is the sustainable management of natural and physical resources, as stated at Section 5 of the Act.

The Act defines sustainable management as:

Managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while

(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

The zoning of the application site provides for this type of development and land use. There are no adverse effects on the wider amenity of the area. The social and economic well-being of the future owners and the wider community is better enabled by the proposed development.

No RMA Section 6 (Matters of national importance) matters are relevant to the application proposal. In relation, to RMA Section 7 (Other matters), the following are relevant:

• Section 7(c) (the maintenance and enhancement of amenity values); and

• Section 7(f) (maintenance and enhancement of the quality of the environment).

The proposal involves the demolition of a character supporting building, alterations to a character defining building and the erection of a new building. The demolition of the character supporting building will not have a significant effect on the recognised streetscape values of the Special Character Area. The proposed development will regenerate the character defining building and deliver an attractive new building will active frontages to Mt that is a highly appropriate addition to the street. The development of the site will improve accessibility to commercial uses in the Town Centre. The proposed uses are in keeping with surrounding land uses and are a positive contribution to the amenity of the Business Town Centre.

Marshall Day Acoustics has concluded in the Assessment of Noise Effects (Appendix L) that predicted noise emissions from the development proposal would be of a reasonable level so as not to have an unacceptable impact on amenity. Recommendations are given for consent conditions regarding noise limits. The development is of a high-quality design. It will enhance the amenity values of the area and the quality of the environment, for people residing in the neighbourhood or looking at the development.

6 Where the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment, which are likely to arise from such use

Not relevant. Any hazardous substances necessary in the construction will be used appropriately under the relevant regulations to avoid any risks to the environment.

38

7 Where the activity includes the discharge of any contaminant

Not applicable. All discharges are to reticulated services.

8 A description of the mitigation measures (safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual and potential effect

Construction methodologies will be required by the consent conditions. A draft Construction

Management Plan is attached at Appendix M.

9 Where the scale or significance of the activity’s effect are such that monitoring is required, a description of how, once the proposal is approved, effects will be monitored and by whom

It is anticipated that a monitoring of the consent conditions will be undertaken as necessary.