ARTIFACT PROPERTY LIMITED
APPLICATION FOR RESOURCE CONSENT
&
ASSESSMENT OF ENVIRONMENTAL EFFECTS
TO
CONSTRUCT A NEW MIXED USE BUILDING COMPRISING A
RETAIL TENANCY AND NINE DWELLINGS
AT
113 JERVOIS ROAD,
HERNE BAY,
AUCKLAND
PREPARED BY
NOVEMBER 2017
TABLE OF CONTENTS
SITE DESCRIPTION AND SURROUNDS ..............................................................................................2
Site description ..........................................................................................................................................2
Surrounding environment ..........................................................................................................................4
THE PROPOSAL ........................................................................................................................................5
Site Layout .................................................................................................................................................5
Design ........................................................................................................................................................6
Civil works and groundwater .....................................................................................................................9
Infrastructure..............................................................................................................................................9
Street tree works ......................................................................................................................................10
Bus stop relocation ..................................................................................................................................10
Consultation .............................................................................................................................................11
REASONS FOR THE APPLICATION ..................................................................................................11
Auckland Unitary Plan (Operative in Part) ..............................................................................................11
EFFECTS ON THE ENVIRONMENT ...................................................................................................12
H11.7(4) New buildings ..........................................................................................................................13
H11.7(8) Activities that do not meet Standard H11.6.1 Building Height, H11.6.2 Height in relation to
boundary, H11.6.4 Yards, and H11.6.8 Outlook .....................................................................................17
H11.8.2(8)(f) Buildings that do not comply with the Outlook standard ..................................................34
E7.8.1(6) Diversion and take of groundwater ..........................................................................................35
E26.4.7.2(1) All restricted discretionary activities relating to infrastructure works within the protected
root zone of a street tree ...........................................................................................................................36
E27.8.1(9) Any activity or development which infringes the standards for design of parking and loading
areas or access under Standard E27.6.3 ...................................................................................................37
E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction applies under
Standard E27.6.4.1(1) ..............................................................................................................................38
SECTION 104 ASSESSMENT .................................................................................................................38
Actual and Potential Effects on the Environment (s104(1)(a))................................................................39
Any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the
environment to offset or compensate for any adverse effects on the environment (s104(1)(ab)) ...........39
Any Relevant Provision of a National Environmental Standard (s104(1)(b)(i)) .....................................40
Any Relevant Provision of a Regulation, National Policy Statement, and New Zealand Coastal Policy
Statement (s104(1)(b)(ii-iv)) ...................................................................................................................40
Regional Policy Statement or Proposed Regional Policy Statement Any Relevant Provision of a Plan or
Proposed Plan (s104(1)(b)(v-vi)) .............................................................................................................40
Any Other Relevant Matters (s104(1)(c)) ................................................................................................43
Part 2 Matters ...........................................................................................................................................44
RECOMMENDED CONDITIONS .........................................................................................................45
CONCLUSION ..........................................................................................................................................45
LIST OF ATTACHMENTS
Attachment 1: Certificate of Title
Attachment 2: Architectural Drawings
Attachment 3: Architectural Design Report
Attachment 4: Infrastructure Report
Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and Draft
Monitoring and Contingency Plan
Attachment 6: Arboricultural Assessment
Attachment 7: Traffic Impact Assessment
Attachment 8: Pre-application meeting minutes
Attachment 9: Summary of Consultation with Neighbours
Attachment 10: Environment Court Decision
Attachment 11: Unitary Plan Rule Compliance Checklist
APPLICATION FOR A LAND USE CONSENT
Form 9
APPLICATION FOR REOURCE CONSENT
UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991
TO: Auckland Council
Private Bag 92300
Auckland 1142
1. Artifact Property Limited C/- Bentley & Co. Limited at the address for service below
applies for the following type of resource consent:
▪ Land use consent
▪ Water permit (diversion of groundwater)
2. The activity to which the application relates is a proposal to construct a new residential
apartment building comprising nine dwellings and a ground-floor retail tenancy at 113
Jervois Road, Herne Bay.
Without limitation, the proposal has been assessed to require consent for the following
reasons:
Auckland Unitary Plan (Operative in Part)
Auckland-wide Rules
▪ The proposed basement will require a permanent groundwater ‘take’ during winter
months when the groundwater level rises above the lowest basement level. A water
take which does not comply with Standards E6.1.6(2) and (3) is a Restricted
Discretionary activity pursuant to Rule E7.4.1 (A20);
▪ The excavation will require a temporary water take (in the event that excavation
occurs during winter), and the depth of the excavation will be greater than the
horizontal separation from neighbouring structures pursuant to Standard E7.6.1.10
(5). This is a Restricted Discretionary activity pursuant to Rule E7.4.1 (A28);
▪ The proposal involves works within the protected root zone of three street trees
within Jervois Road to establish new stormwater and wastewater pipelines. This is
a Restricted Discretionary activity pursuant to Rule E26.4.3.1 (A88);
▪ The proposal involves the construction and use of a vehicle crossing where a
Vehicle Access Restriction applies (arterial classification of Jervois Road),
pursuant to Standard E27.6.4.1(3). This is a Restricted Discretionary activity
pursuant to Rule E27.4.1 (A5);
▪ The proposal requires refuse and delivery trucks to reverse manoeuvre from the site
to Jervois Road (consistent with the existing situation). This is a Restricted
Discretionary activity pursuant to Rule E27.4.1 (A2);
▪ The minimum formed width of the ramps at the basement entry and between
basement levels -1 and -2 will be one-way (3m) serving either 11 or 16 vehicles,
where a minimum of 5.5m is required pursuant to Standard E27.6.4.3 (T153). This
is a Restricted Discretionary activity pursuant to Rule E27.4.1 (A2);
▪ The proposed gradient of the basement ramps will be 1 in 4, where a minimum
gradient of 1 in 5 is required pursuant to Standard E27.6.4.4 (T157). This is a
Restricted Discretionary activity pursuant to Rule E27.4.1 (A2);
Business – Local Centre Zone Rules
▪ New buildings in the Business – Local Centre zone are a Restricted Discretionary
activity pursuant to Rule H11.4.1 (A45);
▪ The proposed building infringes Standard H11.6.1 Building height, by a maximum
of 2.8m (relative to the 16m occupiable building height) and 0.77m (in relation to
the total building height). This is a Restricted Discretionary activity pursuant to
Rule C1.9(2);
▪ The proposed building infringes Standard H11.6.2 Height in relation to boundary.
This is a Restricted Discretionary activity pursuant to Rule C1.9(2). The proposed
infringements to Standard H11.6.2 are as follows:
o Northern boundary: 7.7m (high) by 14.97m (wide);
o Western boundary: 15.26m (high) by 30.52m (wide);
▪ The proposed building infringes Standard H11.6.4 Yards. This is a Restricted
Discretionary activity pursuant to Rule C1.9(2). The proposed infringements to
Standard H11.6.4 are as follows:
o Rear yard (northern boundary): 3m (deep) by 15.1m (wide);
o Side yard (western boundary): 3m (deep) by 33.5m (wide);
▪ The outlook spaces from the third bedroom/media room measure 2.38m in depth
and 3m in width, whereas a minimum dimension of 3m and 3m is required by
Standard H11.6.9. This is a Restricted Discretionary activity pursuant to Rule
C1.9(2).
3. The site at which the proposed activity is to occur is as follows:
(a) Address: 113 Jervois Road, Herne Bay
Legal Description: Lot 4 DP 3989 (NA190/264)
(b) The natural and physical characteristics of the site are described in the
Assessment of Environmental Effects.
4. The applicant is the owner of the land to which this application relates.
5. There are no other activities that are part of the proposal to which this application
relates.
6. No additional resource consents are needed for the proposal to which this application
relates.
The applicant will apply to subdivide the building in a strata unit title arrangement
following receipt of the resource consent for the subject application.
7. I attach an assessment of the proposed activity’s effect on the environment that-
(a) includes the information required by clause 6 of Schedule 4 of the Resource
Management Act 1991; and
(b) addresses the matters specified in clause 7 of Schedule 4 of the Resource
Management Act 1991; and
(c) includes such detail as corresponds with the scale and significance of the effects that
the activity may have on the environment.
8. I attach an assessment of the proposed activity against the matters set out in Part 2 of
the Resource Management Act 1991.
9. I attach an assessment of the proposed activity against any relevant provisions of a
document referred to in section 104(1)(b) of the Resource Management Act 1991,
including the information required by clause 2(2) of Schedule 4 of that Act.
10. I attach the following further information required to be included in this application
by the District Plan, the Resource Management Act 1991, or any other regulations
made under the Act:
Attachment 1: Certificate of Title
Attachment 2: Architectural Drawings
Attachment 3: Architectural Design Report
Attachment 4: Infrastructure Report
Attachment 5: Geotechnical Investigation Report, Supplementary Analysis and
Draft Monitoring and Contingency Plan
Attachment 6: Arboricultural Assessment
Attachment 7: Traffic Impact Assessment
Attachment 8: Pre-application meeting minutes
Attachment 9: Summary of Consultation with Neighbours
Attachment 10: Environment Court Decision
Attachment 11: Unitary Plan Rule Compliance Checklist
Signature: Artifact Property Limited
by its authorised agents Bentley & Co. Limited:
……………………………………...
Anthony Blomfield
Date 10 November 2017
Address for Service of applicant:
C/- Anthony Blomfield
Bentley & Co. Limited
PO Box 4492
Shortland Street
Auckland 1140
Telephone: (09) 309 5367
Mobile: 021 1339 309
Email: [email protected]
Address for Fees/Charges for the application:
Artifact Property Limited
Liam Joyce
022 645 6028
ASSESSMENT OF ENVIRONMENTAL EFFECTS
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PROPERTY DETAILS
Site Address: 113 Jervois Road, Herne Bay
Site Area: 507m2
Unitary Plan Zoning: Business – Local Centre
Unitary Plan overlays/constraints: N/A
Unitary Plan Controls: Macroinvertebrate Community Index
Designations: Airspace Restriction Designation – ID 8302, Satellite earth
station transmission parts, Television New Zealand Ltd
Roading Hierarchy: Jervois Road is an Arterial Road
Locality diagram:
Figure 1: Site Photograph – 113 Jervois Road, Herne Bay (Source: Auckland Council GeoMaps)
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SITE DESCRIPTION AND SURROUNDS
Site description
1. The subject site comprises the property at 113 Jervois Road, with an area of 507m2. The site
has rectangular shape and the topography of the site slopes downwards from south to north
with a vertical fall of approximately 2.5m. A copy of the Certificate of Title is appended as
Attachment 1.
2. As shown in Figure 2 and Figure 3 below, the site is bound by Jervois Road to the south, a
detached dwelling (zoned Business – Local Centre (“Local Centre”)) to the east, a detached
dwelling (zoned Residential – Mixed Housing Urban (“MHU”)) to the north, and a private
driveway to the west servicing two separate properties to the northwest. This adjoining
driveway is subdivided into two lots, each with a different zoning reflecting that of the site
it services. Figure 3 below illustrates that the eastern side of the driveway (servicing the
property at 135 Jervois Road) is zoned Residential – Single House (“SH”) and the western
side of the driveway (servicing the property at 137 Jervois Road) is zoned MHU. Further to
the west, the properties adjoining the northern side of Jervois Road are zoned Local Centre,
and to the east the properties are zoned Local Centre, MHU (2 Hamilton Road) and
Residential – Terrace Housing and Apartment Building (“THAB”).
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Figure 2: Aerial photograph of the subject site (Source: Auckland Council GeoMaps)
Figure 3: Zoning pattern of the surrounding environment (Source: Auckland Unitary Plan Maps)
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3. The site is occupied by a single storey detached villa located towards the frontage of the site,
and a single level detached car port within the north eastern corner of the site. The villa is
clad with timber weatherboard, and has a gabled roof form. The front boundary is
demarcated by a rendered stone wall with a semi-permeable design, and landscaping to the
rear of the wall. To the north of the villa, the site is landscaped with vegetation, and fence
and hedge at the northern boundary. The western and eastern boundaries are demarcated by
timber fencing.
4. The site is connected to the public water supply and waste water network. The site is not
connected to the public stormwater network.
5. Auckland Council’s GeoMaps system illustrates that the site has been occupied by a
residential building since 1940, the earliest aerial photograph provided on the mapping
system. As such, it is not considered that any HAIL activities have occurred on the site that
would warrant the preparation of a Preliminary Site Investigation in respect of soil
contamination.
Surrounding environment
6. As explained in the Design Report (Attachment 3), the wider area is characterised by a
range of commercial, retail and residential activities. In the vicinity of the site, the northern
side of Jervois Road is primarily occupied by detached residential buildings, with some
houses occupied by commercial activities, including the property to the west of the adjoining
driveway (that abuts the western boundary of the site). To the north of the site, the land is
predominantly residential, and is subject to the Special Character Residential B overlay
(despite this characteristic being sparse).
7. The southern side of Jervois Road is occupied by retail and commercial activities, including
several ‘historic’ buildings. Buildings on the southern side of Jervois Road have a
continuous street frontage and range in height from one to four storeys. Further to the east,
the land is zoned Residential – Terrace Housing and Apartment Buildings and is occupied
by a variety of residential building typologies, including a contemporary three storey
apartment building on the corner of Jervois Road and Hamilton Road (adjoining the
Ponsonby Bowling Club) and two apartment ‘tower’ buildings further to the east.
8. The site is located within the retail and commercial area of Jervois Road. The Local Centre
zoning of the subject site, and the linear pattern of this zoning along the northern and
southern sides of Jervois Road will facilitate a change in the form and scale of development
along Jervois Road over time, particularly the northern side of Jervois Road which was
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previously subject to a low-density residential zoning in the legacy Isthmus District Plan.
This land (and the subject site) is unencumbered by any special character or heritage
constraints.
9. A bus stop is located in front of the site on Jervois Road, including a bus shelter that is
situated on the northern side of the pedestrian footpath adjacent to the site boundary. The
footpath is also occupied by several mature street trees.
10. The proposed building is the first of its kind within the immediate vicinity of the site,
however there are various examples of apartment style living at various heights and densities
within the surrounding environment.
THE PROPOSAL
11. Artifact Property Limited proposes to construct a new five storey building comprising a
55m2 retail unit at ground level with frontage to Jervois Road, nine residential units and three
“half levels” of sub-basement parking servicing 16 vehicles. All existing structures on the
site will be demolished.
12. The proposed layout of the site and design of the building, including materiality and
landscaping is set out in full in the architectural drawing package appended within
Attachment 2 and the Design Report appended as Attachment 3.
13. The subdivision of each unit will be undertaken following the granting of resource consent.
Site Layout
14. The main pedestrian entrance to the dwelling contained within the building is provided
centrally from within the ground floor lobby of the building, with direct pedestrian access
from Jervois Road, as well as to the retail tenancy to the west of the lobby. Vehicle access
to the three “half levels” of basement car parking is provided from the eastern end of the
Jervois Road frontage.
15. Nine high quality residential apartments will occupy the balance of the building, including
one apartment to the rear of the retail unit at ground floor, and eight apartments on levels 2-
5 above. Outdoor living areas are provided to the north and east or west relative to the
configuration of the respective unit.
16. The proposed building has been designed to step down the slope from Jervois Road.
Basement levels will provide for 16 parking spaces for residents of the building, a waste
collection area and storage cupboards. The existing vehicle access from Jervois Road will
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be retained and widened to facilitate two way vehicle movements into the site including a
waiting bay, before the basement ramp narrows to a single-width access.
17. The ground floor of the building comprises a 55m2 retail premise1 at the western side of the
frontage to Jervois Road. The retail tenancy will be self-contained, and will not have access
to the balance of the internal spaces of the building. There will be no parking spaces
allocated to the retail tenancy.
18. A three-bedroom residential apartment dwelling (Unit 1A) will be located at ground level to
the rear of the retail unit, accompanied by a north facing garden terrace that will be situated
on the roof of the basement level (Level -1) below. The dwelling is situated at a higher level
than the ground-floor retail unit and is referred to as “Level 1” within the drawing set
appended as Attachment 2.
19. Level 2 of the building will contain two apartment dwellings. Unit 2A will comprise two
bedrooms and a media/bed room; and Unit 2B will comprise three bedrooms and a media
room. The floor layout is set out such that each unit occupies either the eastern or western
half of the building, each with dual aspect to the north (including an outdoor loggia), with
bedrooms facing south with outlook to Jervois Road. This layout also enables the provision
of an east or west facing landscaped “winter garden” balcony located centrally within the
apartment unit, optimising morning or afternoon sun. The northern elevation of the loggia
aligns with the northern elevation of the building below (for Unit 1A) being 7.39m from the
northern boundary.
20. Levels 3, 4 and 5 will contain two apartment units each, which will have the same general
internal layout as Units 2A and 2B, however the layout of the open plan kitchen, living and
dining room is reconfigured to facilitate a stepped building form. The northern elevation of
Levels 3 and 4 is situated 8.97m from the northern boundary, and the northern elevation of
Level 5 is situated 10.53m from the northern boundary.
21. The roof will comprise of a shallow pitched roof space behind a parapet, such that it will not
be readily visible at street level. The roof will have internal gutters.
Design
22. The architectural design of the building is contemporary in nature. The ground floor will
have a floor-to-ceiling height of some 4m, and as shown in Figure 4 below, the retail tenancy
and pedestrian entry to the building will be clad with full-height glazing to promote and
1 A tenant is yet to be secured for the retail premises but it is intended that a retail activity will occupy the premises.
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encourage visibility into the retail premise and interaction with the street environment, and
to optimise sunlight access. The vehicle entry will be open. The floors and walls of the
ground floor spaces will be clad with a tile material. The ground floor will be flanked on
either side by a low-height pre-cast concrete wall.
Figure 4: Jervois Road (southern) elevation of the proposed building (Source: Design Report)
23. Above the open-sided and spacious ground floor, the southern façade comprises a unique
curved ‘Thermosash Shadegrate’ aluminium mesh cladding arrangement fronting Jervois
Road, as illustrated in Figure 5 below. The Design Report appended as Attachment 3
explains that the façade has been designed as a modern interpretation of the traditional bay
window, evident on traditional buildings in the surrounding Herne Bay environment.
Curved aluminium mesh
material
Retail tenancy Building entrance Basement vehicle entrance
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Figure 5: Perspective view of the southern elevation mesh cladding from the footpath (Source: Design Report)
24. The glazing of the rear elevation steps relative to the northern boundary, as set out above.
Each of the apartment units will be provided with planted ‘winter garden’ themed outdoor
loggias and balconies providing outlook to the north, optimising sunlight and aspect. The
terrace for the unit on Level 1 will be bound by a solid planter box. The outer façade of the
loggias on Levels 2, 3 and 4 will be clad with full-height glazed folding doors which will
enable the entire width of the loggia to be opened. A fixed glass balustrade will be located
behind these doors. The outdoor balcony for the units on Level 5 will comprise a glazed
balustrade, while the roof space above Level 4 will be inaccessible. The ends of the concrete
floor slabs between each level of the building will be visible on the northern elevation and
otherwise unadorned.
25. The eastern and western building elevations will be predominantly clad with pre-cast
concrete panelling with a vertical texture, which will be finished with a ‘mid-grey’ colour.
The cladding material will have a consistent vertical edge at the northern end of these
elevations. A recessive screen cladding will be used for the projecting elements at Levels 1
and 2 to provide additional screening to the internal floor areas.
26. The winter garden balconies within the western and eastern building elevations will provide
a recessed ‘groove’ within these elevations for the full height of the building.
27. The building incorporates a range of opportunities for landscaping and planting. Two tiers
of landscaping are proposed to be located along the northern boundary above the roof of the
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basement levels below which will comprise plantings and ivy which will grow over the
northern, eastern and western walls of the basement. The landscaping above Level -3 will
be accessible for maintenance purposes via a door from Level -1. Each of the loggias will
provide sheltered spaces with sufficient space for residents to situate potted plants, and
vertical gardens will be established on the dividing walls between the loggias on each level.
Civil works and groundwater
28. Earthworks are required to be undertaken within the site to establish the basement levels. It
will be necessary to undertake approximately 1,192m3 of earthworks across the site (507m2).
29. The necessary earthworks will be undertaken with appropriate sediment control measures
for the duration of the earthworks period, as set out on the Erosion and Sediment Control
Plan appended to the Infrastructure Report (Attachment 4).
30. The proposed basement will vary in depth below ground level relative to the stepped
arrangement. The internal finished floor level of Level -2 will have an RL of 39.6m and
Level -3 will have an RL of 38.2m. It is assumed that a further excavation of 0.5m will be
required below these internal RL levels to construct the basement subgrade. The basement
excavation for Level -3 (being the deepest excavation within the site) will be 1.2m below
the winter groundwater table, with reference to the groundwater monitoring contained in the
appended Geotechnical Investigation and the Draft Monitoring and Contingency Plan
(Attachment 5).
31. With regards to the groundwater levels recorded to date, it may be necessary for a
groundwater diversion to be undertaken if earthworks are undertaken during winter months.
A permanent groundwater diversion following construction is necessary to divert
groundwater from the basement. To address this, the proposal is to incorporate a sub-
drainage system beneath the basement slab, and a leak-hole system to allow groundwater
into the basement which will then be collected and pumped from the basement to the
reticulated network.
Infrastructure
32. As set out in the appended Infrastructure Report (Attachment 4), the site is currently
connected to the reticulated public water network, being a 150mm diameter public
watermain located within Jervois Road. The public network has the capacity to
accommodate the proposal, and the private connection within the site is proposed to be
replaced with a 40mm diameter pipe. The necessary supply for fire-fighting is available.
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33. The site is currently serviced by a public 100mm diameter wastewater connection within
Jervois Road however due to a blockage in the network, the point at which the line connects
with the reticulated network is unclear (following a review of the CCTV footage undertaken
by the applicant). In this respect, it is anticipated that the property is connected to the 150mm
diameter public combined wastewater line within Sentinel Road. This network has capacity
to accommodate the proposed volume of wastewater and the existing 100mm diameter
connecting line will be replaced with a 150mm diameter pipe to service the site. The
unknown pipe between the site connection and the reticulated network will be investigated,
and repaired if in a non-functioning condition.
34. The existing site is not connected to the stormwater network. It is proposed to install a new
300mm diameter stormwater pipeline within the footpath on the northern side of Jervois
Road to connect the site with the existing public stormwater network located within Sentinel
Road (375mm diameter, increasing to 600mm diameter downstream). The Infrastructure
Report explains the proposed location of the pipe and placement of manholes required to
connect the site with the network in Sentinel Road. The proposed pipe is designed to
accommodate additional connections from other properties along its route. The pipe will be
installed using thrusting methods.
35. The site will be appropriately serviced by the necessary gas, electricity and
telecommunication utility services.
Street tree works
36. As explained above, the proposal involves constructing a new stormwater line, and
potentially the repair of an existing wastewater line, within the Jervois Road reserve,
specifically within the pedestrian footpath. Three street trees are located within the affected
footpath, and a scheduled notable tree located at 141 Jervois Road overhangs the footpath,
such that it will be necessary to carryout works within the protected rootzone of the trees to
construct the stormwater line and upgrade the existing wastewater line.
37. The works within the protected root zone of the trees will be undertaken in accordance with
the protection methodologies set out in the appended Arboricultural Report (Attachment 6).
Bus stop relocation
38. There is an existing bus stop and shelter, and a bike lock rack, located within the footpath to
the front of the subject site. The shelter is located directly to the front of the proposed retail
tenancy, and the yellow no-stopping lines of the bus stop extend over the proposed vehicle
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crossing. As explained within the Traffic Impact Assessment (Attachment 7), the
applicant’s traffic engineer has met with Auckland Transport at the site to discuss the
relocation of the bus stop and shelter. The relocation of the bus stop and shelter was
supported by Auckland Transport, and two potential relocation positions were agreed, both
to the east of the site. The applicant’s Traffic Engineer is currently awaiting confirmation
from Auckland Transport as to their preferred option. The applicant is willing to accept an
appropriately worded condition to facilitate the relocation of the bus stop and shelter.
Consultation
39. The applicant has met with representatives of Auckland Council to discuss the proposal and
to seek feedback. Copies of the minutes of the pre-application meetings are appended as
Attachment 8.
40. The applicant has met with the owners of the properties at 1/137 Jervois Road, 4A and 4B
Hamilton Road, respectively. A summary of this consultation is appended as Attachment
9.
REASONS FOR THE APPLICATION
Auckland Unitary Plan (Operative in Part)
41. All necessary consents are sought by the applicant in respect of the proposal under the
Unitary Plan. The Unitary Plan became operative in part on 15 November 2016, and has
been annotated by Auckland Council to identify those provisions that are excluded from
operative approval under section 160 of the Local Government (Auckland Transitional
Provisions) Act 2010 (LGATPA), and clause 20 of Schedule 1 of the Resource Management
Act 1991, namely those provisions that remain subject to the Environment Court and High
Court under the LGATPA.
42. Specific to the subject site and the scope of the proposal, it is noted that the following
relevant provisions of the following sections of the Unitary Plan are not subject to any
appeals, and are therefore “operative” (and any equivalent provisions of the legacy District
Plan or Regional Plans are “inoperative”):
(a) Chapter 7 (Taking, using, damming and diversion of water and drilling);
(b) Chapter E8 (Stormwater discharge and diversion);
(c) Chapter E12 (Land disturbance – District);
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(d) Chapter E26.4 (Network utilities and electricity generation – Trees in roads and open
space zones and the Notable Trees Overlay);
(e) Chapter E27 (Transport); and
(f) Chapter H11 (Business – Local Centre zone).
43. In respect of Chapter E27 (Transport), the Unitary Plan records that an Environment Court
appeal has been lodged by The National Trading Company of New Zealand Limited (ENV-
2016-AKL-000191), Kiwi Property Group and Kiwi Property Holdings Limited (ENV-
2016-AKL-000192), and Progressive Enterprises Limited (ENV-2016-AKL-000201) in
relation to Auckland Council’s decision to include maximum parking standards in the Local
Centre zone for particular activities including retail. These appeals have been resolved, and
a decision has been issued by the Environment Court (appended as Attachment 10).
Therefore, the rules of the Unitary Plan, as amended by the Court Order issued by the
Environment Court, are to be treated as ‘operative’, and the relevant rules of the legacy
District Plan as ‘inoperative’.
44. A comprehensive review of the provisions of the Unitary Plan and the extent of compliance
with the relevant provisions is appended to this application (refer Attachment 11), which
determines the reasons for consent.
45. The reasons for this consent are set out in the ‘application’ document. Overall, the proposal
requires consent as a restricted discretionary activity.
EFFECTS ON THE ENVIRONMENT
46. As a restricted discretionary activity, Council can only consider those matters over which it
has restricted its discretion in respect of the Unitary Plan. The specific matters over which
Council has restricted its discretion are as follows:
(a) H11.7(4) New buildings;
(b) H11.7(8) Activities that do not meet the standards (in respect of the proposed
infringements to Standard H11.6.1 Building Height, H11.6.2 Height in relation to
boundary, H11.6.4 Yards, and H11.6.8 Outlook);
(c) E7.8.1(6) diversion of groundwater;
(d) E26.4.7.1(1) all restricted discretionary activities relating to infrastructure works
within the protected root zone of a street tree;
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(e) E27.8.1(9) any activity or development which infringes the standards for design of
parking and loading areas or access under Standard E27.6.3; and
(f) E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction
applies under Standard E27.6.4.1(1).
47. In addition to the above, clause C1.8(3) of the Unitary Plan provides that: “the absence of
any specific reference to positive effects in the objectives, policies, matters of discretion or
assessment criteria does not mean that any positive effects of allowing an activity are not
relevant to the consideration of an application for resource consent for that activity”.
Accordingly, positive effects will be addressed when considering the above matters of
discretion.
48. Having regard to the matters over which Council has restricted its discretion, and the
associated assessment criteria that are contained within the Unitary Plan, the following
assessment of environmental effects is provided.
H11.7(4) New buildings
49. The relevant assessment criteria in the Unitary Plan for the consideration of new buildings
in the Local Centre zone refer to the relevant policies for the zone contained within Chapter
H11.3. As they relate to the design of buildings, these policies are concerned with the extent
to which the design and appearance of new buildings positively contribute to the planning
and design outcomes for the Local Centre zone (Policy H11.3(3)(a)), the visual quality and
interest of the public street environment (Policy H11.3(3)(b)), and to pedestrian amenity,
movement, safety and convenience (Policy H11.3(3)(c)).
50. The proposed building has been designed to provide a unique, contemporary, highly
activated and articulated frontage to Jervois Road. The combination of retail and residential
activities within the building enables a range of architectural features to be incorporated at
different levels of the building, presenting a positive appearance to the street scene and
public environment.
51. The scale of the building, as it is appreciated from the public streetscape, will provide a sense
of enclosure at the street level, which will be further enhanced as the Local Centre zoned
land on Jervois Road is developed. The scale of the building positively contributes to the
planning outcomes of the Local Centre zone, which “typically enables” development up to
(but does not limit to) four storeys. The quality of the design of the building is commensurate
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with its scale and proportions, which will positively contribute to the planning and design
outcomes for the Local Centre zone.
52. The ground level of the building comprises a retail premise and entry lobby that has been
designed with a generous floor-to-ceiling height such that it can be adapted for a range of
activities over time to contribute to the character and vitality of the streetscape. The floor-
to-ceiling height of the ground floor is significantly greater than the residential levels above,
to enhance the visual prominence of the ground floor frontage.
53. The southern half of the ground floor of the building is predominantly glazed. The side (east
and west) elevations have been ‘cut away’ (as shown in Figure 6 below) to provide visual
permeability to the retail premise on the western elevation, and the basement ramp on the
eastern elevation, and to activate the frontage of the building to the adjacent streetscape. The
glazing of the southern and western elevations of the retail premise will be inset from the
pre-cast concrete material on the building façade above and beyond the retail premise, to
create the appearance of a glazed ‘box’ sitting within the form of the building. The walls
and floor will be clad with a coloured tile material to provide a consistent design aesthetic.
The design will provide an attractive and interesting street frontage, and the proposed extent
of glazing will provide a high degree of visibility into and out of the building.
54. The pedestrian entrance to the building fronts Jervois Road, which provides a clear and
legible pedestrian access arrangement, to provide a high level of amenity, safety and
convenience for pedestrians. The car parking is contained within three sub-basement levels
and parked vehicles will not be readily visible from the street. As discussed further below,
the open-sided basement ramp allows good visibility and sightlines for both drivers and
pedestrians.
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Figure 6: Perspective view of the ground floor from the south-west of the building (Source: Design Report)
55. The upper levels of the building will appear to ‘float’ above the base of the building. The
design of the curved mesh screen on the street front elevation will provide a modulated and
attractive street frontage that will positively contribute to the character and amenity of the
streetscape. The mesh cladding will also provide an appropriate balance between passive
surveillance to the street and privacy for the residents within the bedrooms in each apartment.
56. While the east and west elevations of the proposed building do not directly face or adjoin
the streetscape, the facades will be visible from Jervois Road until the adjacent Local Centre
zoned properties are developed. The western elevation adjoins the driveway to the
residential dwellings at 135 and 137 Jervois Road, such that the façade will continue to be
partially visible when the property at 139 Jervois Road is developed.
57. The east and west elevations of the building will be clad with a textured pre-cast material
which will avoid a blank appearance, and have been articulated to incorporate an L-shaped
‘cut’ into the building which visually breaks up the length of the flank elevations. This
elevation feature provides for an eastern or western facing ‘winter garden’ balcony that can
be planted to provide vertical landscaping on each elevation, and will introduce human
‘activity’ to the elevations. The massing diagrams in Figure 7 below illustrate the L-shaped
‘cut’ into the building on each flank elevation.
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Figure 7: Massing diagrams illustrating the L-shaped ‘cut’ in the building form (Source: Design Report)
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H11.7(8) Activities that do not meet Standard H11.6.1 Building Height, H11.6.2 Height in
relation to boundary, H11.6.4 Yards, and H11.6.8 Outlook
58. With regards to the assessment criteria in clause H11.8.2(8)(a), the policies of Chapter H11
of the Unitary Plan that are directly related to the height and height in relation to boundary
standards of the Local Centre zone are as follows:
(3) Require development to be of a quality and design that positively contributes to:
(a) planning and design outcomes identified in this Plan for the relevant zone;
(b) the visual quality and interest of streets and other public open spaces;
(8) Require development adjacent to residential zones and the Special Purpose –
School Zone and Special Purpose – Maori Purpose Zone to maintain the amenity
values of those areas, having specific regard to dominance, overlooking and
shadowing.
59. The assessment criteria also refer to Policies H11.3(13) and H11.3(14), which relate to
enabling or restricting the zone height control in “identified locations” with regard to
particular criteria. These policies implement the Height Variation Control in the Local
Centre zone, which is not applied to the subject site. Notwithstanding this, these policies are
addressed for completeness.
60. With regards to the assessment criteria in clause H11.3(8)(c), the policies of Chapter H11 of
the Unitary Plan that are directly related to the yard standard of the Local Centre zone include
Policies H11.3(3)(b) and (8) identified above, and in addition, include:
(3) Require development to be of a quality and design that positively contributes to:
(c) pedestrian amenity, movement, safety and convenience for people of all ages
and abilities.
(7) Require at grade parking to be located and designed in such a manner as to avoid
or mitigate adverse effects on pedestrian amenity and the streetscape.
61. The proposal does not involve at-grade parking areas, and therefore Policy H11.3(7) is not
relevant to the consideration of potential effects of the respective yard infringements.
62. The stated purpose of the height, height in relation to boundary and yard standards of the
Local Centre zone are as follows:
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H11.6.1 Building height
Purpose:
• manage the effects of building height;
• allow reasonable sunlight and daylight access to public open space excluding
streets and nearby sites;
• manage visual dominance effects;
• allow an occupiable height component to the height limit, and an additional
height for roof forms that enables design flexibility, to provide variation and
interest in building form when viewed from the street;
• enable greater height in areas identified for intensification; and
• provide for variations to the standard zone height through the Height Variation
Control, to recognise the character and amenity of particular areas and provide
a transition in building scale to lower density zones.
H11.6.2 Height in relation to boundary
Purpose:
• manage the effects of building height;
• allow reasonable sunlight and daylight access to public open space excluding
streets and neighbouring zones; and
• manage visual dominance effects on neighbouring zones where lower height
limits apply.
H11.6.4 Yards
Purpose:
• provide a landscaped buffer between buildings and activities and adjoining
residential zones and some special purpose zones, to mitigate adverse visual and
nuisance effects; and
• ensure buildings are adequately setback from lakes, streams and the coastal
edge to maintain water quality, amenity, provide protection from natural
hazards, and potential access to the coast.
63. With regards to the relevant policies and the stated purpose for the height and height in
relation to boundary standards, infringements to these standards are concerned with the
potential effects on public spaces and the streetscape, and on adjacent residentially zoned
land. In respect of the effects on residential properties, the policies are specifically
concerned with the effects of dominance, overlooking and shadowing.
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64. With regards to the relevant policies and the stated purpose of the yard standard, an
infringement to this standard is concerned with providing a visual/spatial buffer from
activities occurring on commercial sites.
Technical infringements to western boundary
65. The adjoining site fronting Jervois Road (139 Jervois Road) is zoned Local Centre.
However, this property is separated from the subject site by the driveway to the two rear
sites at 135 and 137 Jervois Road. The eastern half of the driveway (adjoining the site) forms
part of the northernmost rear site at 135 Jervois Road, and is zoned Single House. The
western half of the driveway forms part of 137 Jervois Road and is zoned Mixed Housing
Urban.
66. As a consequence of this arrangement, the western boundary of the site is subject to the bulk
and location standards that apply at the interface with a residential zone, rather than the
typical boundary interface standards that would otherwise apply where two properties zoned
Local Centre are adjoined. Therefore, resource consent is required for a technical
infringement to the height in relation to boundary and yards standards.
67. The portion of the adjoining sites which relates to the western boundary of the subject site is
used for the sole purpose of providing access to the properties to the north-west, and does
not contain any buildings, habitable rooms or private outdoor spaces. In this respect, the
driveway has a functional purpose and low amenity. The application of the standards at this
interface have the effect of precluding a reasonable and appropriate scale of development,
consistent with the outcomes anticipated for the Local Centre zone, and would not result in
an appreciably different level of amenity for the adjacent driveway, but would result in a
built form outcome that is perverse relative to the nature and form of development
encouraged by the zone.
68. Having regard to the location of the dwellings at 135 and 137 Jervois Road and their
relationship with the subject site, the relevant effects to be assessed are those that are
potentially generated by the infringement to the height standard, and the height in relation to
boundary and yard standards that apply to the northern boundary of the site. This is assessed
further below.
69. Notwithstanding the above, and for completeness, the western elevation of the building has
been designed to be visually broken into smaller components, and the proposal will have the
positive effect of removing the existing untidy fencing along this boundary and introducing
a contemporary building element to the environment. The design of the elevation avoids
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direct overlooking to the dwellings on neighbouring residentially zoned sites. The shading
diagrams set out in the appended Design Report demonstrate that the shading generated by
the proposed building will move from the adjacent driveway by 1pm at all times of the year,
which will maintain a reasonable standard of sunlight access to the driveway.
70. Overall, with regards to the functional and low amenity context of the adjacent land to the
west, and the technical nature of these infringements as a consequence of the anomalous
subdivision pattern, the proposed infringements to the height in relation to boundary and
yards standards as they relate to the western boundary of the subject site are acceptable, such
that the built form will not unreasonably affect the amenity values of the neighbouring land.
Relationship with the Public Realm
71. At the southern boundary (the frontage with Jervois Road), the building infringes the 16m
‘occupiable’ building height standard by a maximum of 1.31m. As illustrated in Figure 8
below, the southern elevation of the building is 17.31m in height, illustrating that while part
of the upper portion of the building (which is occupiable) exceeds 16m, the roof of the
building is located beneath the 18m height standard at this elevation.
Figure 8: East elevation of the proposed building illustrating the height infringement at the southern elevation (Source:
Architectural Drawing RC-032)
72. The additional height of the building enables the retail premise at ground floor to have a
generous floor to ceiling height of 4m, enhancing the functionality and amenity of the space
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and the relationship of the ground floor activity with the streetscape. Above ground level,
each residential dwelling has a floor to ceiling height of 2.8m, providing an appropriate level
of internal amenity for residents.
73. The extent to which the scale and design of the building positively contributes to the planning
outcomes for the Local Centre zone, and to the visual quality and interest of the streetscape
(Policies H11.3(3)(a) and (b)) has been addressed in the preceding analysis. It is concluded
that the contemporary architectural design will positively contribute to the visual quality of
the street, both in respect of the ground level amenity for pedestrians, and at the upper levels
of the building.
74. The premise of the height control (including an occupiable and roof component) is to enable
flexibility in design and diversity in form and roof profiles along the street, to create an
interesting (rather than monotonous) roof line within centres. While the proposed building
incorporates a flat roof with an internal gutter arrangement, the upper part of the southern
façade is visually interesting particularly where the curved mesh material meets the roof,
enclosed by the concrete outer ‘frame’ within which it sits.
75. The building progressively exceeds the building height standard towards the rear of the site
as the topography of the site falls from south to north. The rear part of the site, while visible
from the public realm (until such time when adjoining properties are similarly developed to
reflect the intended outcome of the Local Centre zone), is sufficiently set back
(progressively) from the street frontage to avoid the potential adverse dominance effects
upon the pedestrian environment.
76. While five storeys in height, the design of the building is in keeping with the scale enabled
within Local Centres (16-18m high buildings). As discussed, the building is of a high quality
architectural design, and the detail and treatment of each façade will reduce the apparent
scale of the building when viewed from the public realm and streetscape environment,
specifically: the curved southern façade; the depth and shadow created by the mesh screen;
and the modulation provided by ‘breaking’ the flank elevations into two elements by the L-
shape ‘cut out’. In this respect, the height infringement generated by the building at the
southern boundary will not be appreciable, relative to a compliant built form, particularly
noting the height standard enables a greater overall height (including roof forms which could
reasonably incorporate vertical parapets).
77. In terms of shading, the purpose of the height control states that the road reserve is not
intended to be considered in such an assessment. Notwithstanding that, the height of the
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building at the street frontage is otherwise consistent with that of a compliant building and
will not generate undue shading effects.
78. Overall, the proposal is consistent with the intended outcomes of the Local Centre zone, will
positively contribute to the streetscape environment, and the design of the building will
appropriately mitigate the potential adverse effects arising from the additional height and
scale of the building such that the proposal will not result in adverse effects upon the
surrounding public realm.
Relationship with Properties to the North
79. The proposal involves an infringement to the building height standard towards the rear of
the site, and the height in relation to boundary and yard standards as measured from the
northern boundary. Having regard to the commonalities of the purpose of the height and
height in relation to boundary controls, it is appropriate to consider the effects of these
infringements together, as both infringements relate to the upper two and a half levels of the
building within the rear half of the site. These standards are primarily concerned with
managing the effects of height on adjacent zones which have a lower building height.
Therefore, the following assessment addresses the potential effects to the residentially zoned
properties to the north of the subject site, shown in Figure 9 below.
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Figure 9: Adjoining residentially zoned properties (Source: Modified from Auckland Council GeoMaps)
80. With reference to those policies which are referred to by the assessment criteria for an
infringement to the height and height in relation to boundary standards, Policy 8 states:
“Require development adjacent to residential zones…to maintain the amenity values of those
areas, having specific regard to dominance, overlooking and shadowing.”
81. With reference to the shading diagrams contained in the Design Report, as a consequence of
the location of the subject site to the south of the residentially zoned land identified in Figure
9 above, the shading generated by the proposed building will not affect any residentially
zoned properties to the north. Correspondingly, the proposed infringing element of the
building will not affect access to sunlight or daylight to the existing dwellings occupying
these properties.
4B Hamilton Road
82. The two storey residential dwelling occupying the property at 4B Hamilton Road is
orientated to the north, and all of the internal and external living spaces are located to the
north of the building. The southern part of the property is occupied by a driveway which
accesses a garage and a parking area. The front door to the dwelling is located on the
135 Jervois Road
137 Jervois Road
4B Hamilton Road
4A Hamilton Road
Adjacent Local Centre
zoned properties
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southern elevation, beneath a first floor projection. The southern boundary of this property
(the northern boundary of the subject site) is demarcated by a tall fence which is located
within the subject site, together with a mature hedge. The property at 4B Hamilton Road, as
seen from the subject site, is shown in Figure 10 below.
Figure 10: 4B Hamilton Road, as seen from the subject site (Source: Author)
83. As set out within the appended Design Report (pages 42 – 44), the windows on the southern
elevation of the building at 4B Hamilton Road relate to non-habitable rooms within the
dwelling, and are clad with movable privacy louvres. As illustrated on page 44 of the Design
Report, a compliant development (by setting back the upper levels to comply with the height
in relation to boundary control) would enable similar or more direct outlook towards the
southern facade, as opposed to the more acute outlook associated with the proposed
arrangement, the design of which mitigates the extent to which the outlook from the
balconies of the upper two levels (which do not comply with the height in relation to
boundary standard) are available.
84. The upper levels of the building will be visible from the driveway and garage area of the
property at 4B Hamilton Road. In this respect, the scale of the building and the infringing
portion of the building will be appreciable, relative to an otherwise compliant built form.
85. The proposal will necessitate the removal of the existing fence and hedge which is located
at the northern boundary, however this will be replaced by ivy and hedging on the elevation
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and roof of Level -3, and within planting strips on Level 1, which will provide a multi-
layered landscaped treatment. The loggias for each of the apartment units will incorporate
vertical gardens on the walls dividing the loggias between units on each level, which will
introduce a landscaped aesthetic to the building.
86. The massing of the building is progressively setback from the shared boundary with 4B
Hamilton Road. The northern façade of the building will be clad with folding borderless
glazed panels and glazed ‘return’ walls (on the eastern and western flanks of the building)
for the loggias for Levels 2 to 4, and with an open-air balcony demarcated by a glazed
balustrade for Level 5 which will assist to provide a recessive appearance to the top floor.
The visible ‘solid’ materials of the northern façade will be limited to the concrete floor slabs
between each level of the building and the end of the roof. The materiality and design of the
building will provide a lightweight, transparent appearance, and the folding doors will
provide a dynamic façade (as opposed to a static, solid facade). The alternate treatment of
the outdoor living areas contributes to the visual interest of the building, and avoids
presenting a monolithic appearance. Overall, the design of the building, together with the
landscaping proposed, will appropriately mitigate the effects of visual dominance relative to
the limited outlook from 4B Hamilton Road.
87. The lowest basement level (Level -3) will extend to the northern boundary, projecting out of
the ground by some 1.3m to 1.7m adjacent to the northern boundary. The existing fence
situated on the northern boundary (and planting on the neighbouring site), shown in Figure
11 below, will be removed and replaced by ivy plants which will grow over the northern
wall of basement level -3, together with an additional 1.5m high hedge on the roof of this
basement level. The landscaping proposed at the northern boundary will effectively reinstate
the existing hedge at the boundary.
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Figure 11: Northern side of the hedged fence on the northern boundary of the site, as seen from the driveway of 4B
Hamilton Road (Source: Author)
88. The rear wall of the outdoor terrace in Unit 1A is situated 3m from the rear boundary,
consistent with the yard requirement, and will incorporate a planter box at the edge of the
terrace with ivy and Japanese maple trees to contribute to the landscaped aesthetic. The
proposed landscaping will be maintained to continue to provide the landscaped buffer at this
boundary. Having regard to the proposed landscaping and the scale of the building located
within the rear yard, the proposal will appropriately provide an appreciable landscaped
buffer between the building and the adjacent residentially zoned property at 4B Hamilton
Road, consistent with the purpose of the yard standard.
4A Hamilton Road
89. The residential dwelling at 4A Hamilton Road is orientated to the west, and incorporates a
western facing courtyard and swimming pool which are bound by a solid wall on the
southern and western boundaries and mature planting along the western boundary, together
with a first floor balcony with western outlook. The property at 4A Hamilton Road, as seen
from the subject site, is shown in Figure 12 below.
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Figure 12: 4A Hamilton Road, as seen from the subject site (Source: Author)
90. The property at 4A Hamilton Road is located approximately 10m from the ground floor
terrace in Unit 1A, 12m from the two storey element (Levels 1 and 2), and 13m from the
upper levels (Levels 3-5) of the building. While outlook to the proposed building will be
available from 4A Hamilton Road, particularly from the first floor, these separation distances
together with the proposed wall and planting situated along the rear boundary of the property
at 4A Hamilton Road will mitigate the potential for overlooking from the apartments in the
proposed building. The rear elevation of the proposed building includes flank walls that
partially extend along the eastern side of each loggia of Levels 1 and 2, directing outlook to
the north, rather than obliquely to the east towards the property at 4A Hamilton Road. The
loggias for Levels 3 and 4 will not incorporate screening material, however the outlook from
these spaces is naturally drawn to the north, while the glazing assists to mitigate the ‘solidity’
of the building mass. The balustrade to the outdoor balcony of Level 5 is setback from the
outer edge of Level 4 beneath, such that outlook is inherently screened and directed outward
to the north. As such, views to 4A Hamilton Road will be oblique in nature, rather than
directly into the rear courtyard or to the first floor windows/balcony.
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91. The proposal incorporates the replacement of the fence along the northern boundary with
climbing plants and hedging on the basement elevation on the southern boundary of 4B
Hamilton Road, which will provide further screening of the proposal. The lightweight
architectural treatment of the building, together with the proposed landscaping to the
elevation, as set out above in respect of 4B Hamilton Road, will ensure that the building will
not appear monolithic from this property.
92. The portion of the building which infringes the height standard is limited to the fifth storey,
noting that the subject site and the property at 4A Hamilton Road do not share a boundary
and therefore the height in relation to boundary standard is not applicable. The progressive
stepping back of the building form, separation distance and refined architectural treatment
of the building will appropriately mitigate the potential adverse visual dominance effects
that may have otherwise arisen from the upper level of the proposed building, and will result
in a built form that is comparable with an otherwise compliant built form at four storeys.
137 Jervois Road
93. The residential property at 137 Jervois Road is occupied by nine attached residential units.
The eastern-most unit (1/137 Jervois Road) is two storeys and primarily has outlook to the
north, and secondarily to the east over the shared driveway from an eastern facing balcony
with a vertical window facing south and a sliding door facing north to the adjacent rooms,
which appear to provide light to the rooms they serve, rather than outlook. The window
facing the proposed building appears to be secondary to those on the northern elevation.
94. The southern elevation comprises two opaque windows at the first floor and two opaque
windows on the ground floor. The outdoor area within the rear of the property is utilised for
storage, rather than to provide outdoor amenity for the residents, and is not accessible from
the dwelling. The primary outdoor area is located to the north of the building. The dwelling
at 1/137 Jervois Road, as seen from the subject site, is shown in Figure 13 below.
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Figure 13: 1/137 Jervois Road as seen from the subject site (Source: Author)
95. Outlook towards the subject site is available from the eastern balcony and the southern-
facing vertical window of the unit at 1/137 Jervois Road. The eastern balcony of the unit
will be situated some 10m from the wall of the outdoor terrace for Unit 1A, some 14m from
the two-storey element (Levels 1 and 2) and 17m from the upper levels (Levels 3-5) of the
proposed building. The building has been designed with progressive setbacks which assist
with mitigating the overall scale of the building by breaking down the building into vertically
appreciable components. While the proposed building will be visible from the eastern facing
balcony, the separation distances and architectural treatment and landscaping of the building
will appropriately manage the potential adverse visual dominance effects from the building.
96. The western flank wall partially extends along each loggia for Levels 1 and 2, directing
views to the north, rather than towards the north west, and the separation distances discussed
above are considered to be sufficient to maintain an appropriate sense of privacy for the
adjoining residents when utilising the eastern facing balcony. The angle of outlook from the
loggias of Levels 3 and 4 and the balcony of Level 5 is such that residents are naturally
looking outwards and to the north, as opposed to looking downwards towards the unit at
1/137 Jervois Road.
97. The balance of the dwellings at 137 Jervois Road comprise of 1 or 2-storey units which are
orientated to the north (2-7/137 Jervois Road) or to the west (8 and 9/137 Jervois Road). The
dwellings which are orientated to the north comprise opaque glazing to the south, and service
courts within the rear yards which do not appear to provide outdoor amenity space for the
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dwellings. The western-most units which have aspect to the east are primarily orientated to
the west, with private open spaces located to the west of the dwellings. All of the private
open spaces for these units are screened from the subject site by intervening built form, such
that the proposal will not result in overlooking of these spaces.
98. Having regard to the orientation of the units at 2-9/137 Jervois Road, the proposed
architectural design and landscaping, and the separation distances between these units and
the proposed building, the proposal will not be appreciably different to an otherwise
compliant built form in terms of visual dominance and overlooking, from these units.
135 Jervois Road
99. The residential property at 135 Jervois Road is occupied by nine residential units within one
building. The units are primarily orientated to the north to optimise outlook and access to
sunlight. The southern elevation of the building contains glazing, which is orientated
towards an at-grade parking/manoeuvring area, and the parking area for the units at 137
Jervois Road. The western units within the building on this property are screened by mature
trees. The primary private outdoor spaces associated with these units are located within
north-facing balconies. The building at 135 Jervois Road, as seen from the driveway to the
property, is shown in Figure 14 below.
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Figure 14: 135 Jervois Road as seen from the driveway to the property (Source: Author)
100. The unit at the eastern end of the building will be situated some 38m from the wall of the
outdoor terrace for Unit 1A, some 42m from the two-storey element (Levels 1 and 2) and
44m from the upper levels (Levels 3-5) of the proposed building. These dwellings are
primarily orientated to the north, and the proposed built form will not implicate this outlook
or the amenity of the private outdoor spaces associated with each dwelling. The separation
between the proposed building and the dwellings on 135 Jervois Road is sufficient to
mitigate any potential overlooking, such that the proposal will not be appreciably different
from a compliant building, in this regard.
101. With regards to the preceding analysis of the effects on the dwelling at 1/137 Jervois Road,
the proposal will not generate unacceptable adverse effects on the amenity of those dwellings
on 135 Jervois Road in respect of visual dominance or overlooking.
Other Residentially Zoned Properties
102. The property located at 8 Hamilton Road is occupied by several attached dwelling units
which are all orientated towards private and communal open spaces within the central
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portion of this property (located to the north of the building), and do not have primary
outlook towards the subject site (with the southern elevations being used for garages and
front doors). The property is bound by hedging, and is visually screened from the subject
site by this landscaping and the intervening built form and landscaping within 4A and 4B
Hamilton Road.
103. The subject site is screened from the property at 4 Hamilton Road by the intervening built
form at 4A Hamilton Road. The proposed infringement to the height standard will not be
appreciable, relative to the scale and bulk of built form that is enabled to occur on the
adjacent sites at 111 and 109 Jervois Road pursuant to the Local Centre zoning.
104. With regards to the preceding analysis of effects on those properties which are immediately
adjacent to, or which have outlook to, the subject site, the potential adverse effects arising
from the height infringement on properties further to the east, north and west, including 4
and 8 Hamilton Road, are not significant relative to that of a compliant building.
Adjoining Properties on Jervois Road
105. The adjacent properties at 111 and 139 Jervois Road are occupied as a residential dwelling
and a dental clinic, respectively. The height in relation to boundary control does not apply
to the interface with the adjacent Local Centre zoned properties, and the purpose of the
standard is to manage the effects of dominance and shading (sunlight and daylight) on
neighbouring ‘zones’, thereby excluding an assessment of the proposal of land with the same
zoning as the subject site. Similarly, the yard setback does not apply at this interface, and is
only concerned with the interface with residentially zoned land.
106. While it is appropriate to consider the potential effects of the proposed building height on
these properties, specifically 111 and 139 Jervois Road, these sites have the same zoning as
the subject site, and are able to utilise the development opportunity provided by the Local
Centre zone to similarly construct a 16-18m high building.
107. The building progressively infringes the height standard to the north as a consequence of the
natural ground contour. At the southern end of the site, the extent of the height infringement
is not significant, and the overall scale of the building is consistent with the outcomes
anticipated by the height standard for the Local Centre zone (including 2m for roof forms).
The balance of the building continues this height to the south to present a visually coherent
and efficient building, as opposed to vertically lowering the built form, which would
compromise the floor-to-ceiling heights of the dwellings and the efficiency of the basement
parking access ramps.
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108. The height infringement is generated by Level 5 of the building. The northern elevation of
Level 5 is closely aligned with the northern elevations of the buildings on the adjacent
properties at 111 and 139 Jervois Road, as shown in Figure 15 below. In this respect, the
building will not be appreciable within the primary northern aspect of these buildings. As
set out in the shading diagrams within the Design Report, the shading generated by the
proposed building will not be appreciably different to an otherwise compliant built form.
With regards to the extent of the infringement with the height standard, the proposal will not
generate adverse dominance effects which are appreciably different from the adjacent Local
Centre zoned properties to that of a compliant built form. When these properties are
developed in the future to optimise the development opportunity enabled by the zoning in
the Unitary Plan, this infringement will be indistinguishable.
Figure 15: Diagram illustrating the relationship of the northern elevations of the proposed building and the
adjacent properties (Source: Architectural Drawing RC-009)
Policies H11.3(13) and H11.3(14)
109. As set out in the preceding analysis, Policies H11.3(13) and (14) are concerned with raising
or lowering the permitted height within the Local Centre zone in particular locations, should
Northern elevation of
Levels 3-5
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particular criteria be satisfied. These policies are given effect to by the Height Variation
Control, and are therefore irrelevant to the subject site and the proposal.
110. Notwithstanding the above, Policy H11.3(13) sets out the ‘criteria’ which must be satisfied
to justify a greater height limit than the standard height control for the zone. These criteria
are:
(a) Whether greater height is an efficient use of land;
(b) Whether greater height supports public transport, community infrastructure and
contributes to centre vitality and vibrancy;
(c) Whether, considering the size and depth of the area, the greater height can be
accommodated without significant adverse effects on adjacent residential zones; and
(d) Whether the greater height is supported by the status of the centre in the centres
hierarchy, or is adjacent to such a centre.
111. The additional height of the building provides for two additional dwellings. The overall
proposal for nine dwellings (and a retail tenancy) is an efficient use of land. The building
will adjoin Jervois Road which is a key public transport route, and is serviced by a bus stop
in close proximity to the site. The intensity of activity is consistent with supporting public
transport and community infrastructure in the vicinity of the site. The high quality of the
design and materiality of the building will support and enhance the vibrancy of the Local
Centre, and the proposal will increase the supply and variety of housing in this area which
contributes to the vitality of the Local Centre. With regards to the preceding analysis, the
proposal will appropriately mitigate the potential adverse effects generated by the scale and
bulk of the building. Further, the scale of the building will support the status of the Local
Centre zone in the centres hierarchy, and will not result in a scale of built form that would
be more appropriate in a Town Centre zoning.
H11.8.2(8)(f) Buildings that do not comply with the Outlook standard
112. Within the Local Centre zone, an outlook space is required for a principal living room with
a minimum dimension of 6m in depth and 4m in width, and for all other habitable rooms
with a minimum dimension of 3m in depth and 3m in width. In this case, all of the proposed
living rooms and the bedrooms facing Jervois Road meet this requirement.
113. The proposal involves a media room/third bedroom with outlook to the central winter
garden, which has a depth of 2.29m where 3m is required to meet the outlook requirement.
However, the facing wall across the winter garden is a floor to ceiling window to the open
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plan dining, kitchen and living room such that outlook is taken into these spaces also, rather
than to a solid wall. Oblique views are also available to the east and west respectively. The
outlook arrangement from the media room/third bedroom (with an infringement of 71cm)
provides an appropriate level of amenity for residents.
E7.8.1(6) Diversion and take of groundwater
114. With regards to the appended Geotechnical Investigation prepared by Riley Consultants
(Attachment 5), the basement level will be lower than the measured winter groundwater
level, resulting in the permanent diversion of groundwater during winter months and
consequentially, a permanent water ‘take’ during these months resulting from the diversion
of groundwater into the retaining wall and basement slab drainage. The basement also may
be excavated and constructed during winter months and consent is sought, for completeness,
to temporarily take groundwater during this time.
115. Having regard to the assessment provided by Riley Consultants, the potential for differential
ground settlement on neighbouring properties is unlikely as the proposed permanent and
temporary water take is within the range of seasonal groundwater fluctuation, and therefore
there will be no groundwater drawdown beyond natural seasonal fluctuation.
116. Riley Consultants have undertaken additional detailed analysis of the potential effects of the
basement excavation in relation to adjacent structures and infrastructure services
(Attachment 5). This analysis confirms that the combined horizontal and vertical ground
settlement generated by the proposed basement retaining wall (8mm horizontal and 3.3mm
vertical) to the adjacent structure at 111 Jervois Road (being the closest structure to the
proposed basement) will be within the tolerance limits outlined in the New Zealand Building
Code Handbook. The analysis by Riley Consultants states that the effects of differential
ground movement on the dwelling at 111 Jervois Road will be “negligible”, and that the
buildings at 139 Jervois Road and 4B Hamilton Road are less ‘critical’ such that effects will
similarly be less than minor. The analysis also confirms that the risk to public assets within
Jervois Road and the access driveway to 135 and 137 Jervois Road is low.
117. The Geotechnical Investigation identifies a range of mitigation measures that may be
implemented during construction, where necessary, to ensure that the proposal will not result
in adverse effects on neighbouring properties, and further/ongoing groundwater monitoring
to confirm the seasonal fluctuation. A Draft Monitoring and Contingency Plan is appended
as Attachment 5, which will be updated as part of the detailed design process. Works will
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be undertaken in accordance with the mitigation measures, and the Monitoring and
Contingency Plan.
118. With regards to the analysis and mitigation measures set out in the Geotechnical
Investigation prepared by Riley Consultants, the adverse effects generated by the proposal
on groundwater and neighbouring structures are negligible, and can be appropriately
mitigated during construction (in the event that works occur during winter) and on a
permanent basis.
E26.4.7.2(1) All restricted discretionary activities relating to infrastructure works within the
protected root zone of a street tree
119. The proposal involves the construction of a stormwater line and a wastewater line within the
footpath of Jervois Road to connect the site with the public networks located within Sentinel
Road. These works will occur within the protected root zone of three street trees and of a
notable tree located within 141 Jervois Road. The site is inadequately serviced by reticulated
infrastructure, and cannot be efficiently connected to the stormwater or wastewater
reticulated networks at an alternative location, without disturbing private properties and
requiring legal easements to protect these assets. Therefore, the proposed infrastructure has
a functional and operational need to be located within the road reserve.
120. The exact location of the pipeline will be determined during the detailed design of the
proposal. It is proposed that the pipes will be installed using trenching methods at a depth
greater than 1m below ground level. A series of pilot holes will be required during
construction to monitor the alignment of the pipelines relative to other sub-grade
infrastructure.
121. The proposal has been assessed by Arborlab (Attachment 6), which concludes that the
trenching/thrusting methodology proposed for the works will ensure that the works will pose
“minimal risk to the trees”, and that the depth of the pipelines is below the majority of root
activity. With regards to the pilot holes, the Arboricultural Report sets out a methodology
for undertaking such works to ensure the health of the trees is not adversely affected.
122. With regards to the analysis contained in the Arboricultural Report, the proposed
infrastructure works within the road reserve will not generate adverse effects on the health
and integrity of the trees. The proposed protection measures will ensure that the proposed
works will be appropriately managed.
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E27.8.1(9) Any activity or development which infringes the standards for design of parking
and loading areas or access under Standard E27.6.3
123. The infringements generated by the proposal to Standard E27.8.1(9) of the Unitary Plan
relate to the requirement for waste collection trucks to reverse manoeuvre off the site, and
the minimum width and gradient of the access ramps.
124. As set out in the appended Traffic Impact Assessment (Attachment 7), as the waste
collection is not a daily occurrence, and the collection truck drivers will be regular users of
the site access, the reverse manoeuvre can be safely managed. Refuse collection trips will
typically occur during the day outside of peak traffic hours, such that traffic volumes on
Jervois Road will be lower. The Traffic Impact Assessment states that the vehicle access
will “enjoy a suitable standard of sight lines and inter-visibility between drivers and all other
road users”. Overall, with regards to the analysis undertaken by Traffic Planning
Consultants, the requirement for such trucks to reverse manoeuvre from the site to Jervois
Road is considered to be appropriate, and will not generate adverse effects on the safety of
pedestrians, or on the capacity and function of the road network.
125. With regards the width of the access ramps, the design of the access ramps to the basement
levels have been designed to cater for one-way flows. As a consequence, the entry to the
basement at the Jervois Road frontage of the site has been designed with the waiting bay for
vehicles to park as exiting vehicles use the ramp. As stated in the appended Traffic Impact
Assessment, the anticipated vehicle flows from the site is expected to be no more than three
vehicles per hour, or one movement on the ramps every 20 minutes, and as a consequence
the risk of vehicles conflicting with each other is low. Within each of the basement levels
there is sufficient space for vehicles to pass each other between the ramps, and there is
sufficient sight lines between vehicles to ensure that the basement levels will operate
efficiently.
126. As set out in the Traffic Impact Assessment, the gradient of the access ramps cannot be
designed to comply with the minimum standards of the Unitary Plan as a consequence of the
constraints of the site. Suitable transitions are provided at each end of each ramp to assist
the movement of vehicles on these ramps. The Traffic Impact Assessment states that the
design and gradient of the access ramps “will not cause any adverse effects on the road
network”.
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E27.8.1(10) use of an existing vehicle crossing where a Vehicle Access Restriction applies
under Standard E27.6.4.1(1)
127. The proposed development will utilise the existing vehicle crossing on the subject site, and
will widen the crossing at the front boundary. As a consequence of the arterial classification
of Jervois Road, this vehicle crossing is subject to a Vehicle Access Restriction. As set out
in the appended Traffic Impact Assessment, the proposed vehicle crossing provides for two-
way movement which will result in an improved arrangement relative to the existing
situation which requires vehicles to reverse manoeuvre on to the road. The analysis prepared
by Traffic Planning Consultants confirms that the crash analysis data from NZTA shows
there are no reported accidents relating to the existing vehicle crossing.
128. As set out above, the proposed vehicle crossing will have sufficient sight lines and inter-
visibility between drivers and all other road users in both directions. In this respect, and
with regards to the low volume of anticipated traffic generated by the proposal, the use of
the vehicle crossing from Jervois Road will not generate unacceptable adverse effects on the
efficient and safe operation of the road network.
SECTION 104 ASSESSMENT
129. Section 104(1) of the Resource Management Act 1991 (RMA) states:
104 Consideration of applications
(1) When considering an application for a resource consent and any submission received, the consent
authority must, subject to Part 2, have regard to-
(a) any actual and potential effects on the environment of allowing the activity; and
(ab) any measure proposed or agreed to by the applicant for the purpose of ensuring positive
effects on the environment to offset or compensate for any adverse effects on the
environment that will or may result from allowing the activity; and
(b) any relevant provisions of—
(i) a national environmental standard:
(ii) other regulations:
(iii) a national policy statement:
(iv) a New Zealand coastal policy statement:
(v) a regional policy statement or proposed regional policy statement:
(vi) a plan or proposed plan; and
(c) any other matter the consent authority considers relevant and reasonably necessary to
determine the application.
130. With regards to an application for a restricted discretionary activity, section 104C of the
RMA states:
104C Determination of applications for restricted discretionary activities
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(1) When considering an application for a resource consent for a restricted discretionary activity, a
consent authority must consider only those matters over which—
(a) a discretion is restricted in national environmental standards or other regulations:
(b) it has restricted the exercise of its discretion in its plan or proposed plan.
(2) The consent authority may grant or refuse the application.
(3) However, if it grants the application, the consent authority may impose conditions under section 108
only for those matters over which—
(a) a discretion is restricted in national environmental standards or other regulations:
(b) it has restricted the exercise of its discretion in its plan or proposed plan.
131. The provisions of s104(1) of the RMA are considered below.
Actual and Potential Effects on the Environment (s104(1)(a))
132. An assessment of effects has been undertaken above, where it was concluded that any actual
or potential effects of the proposal upon the environment will be appropriate, relative to the
context and characteristics of the subject site and the surrounding area, and will be
appropriately avoided, remedied or mitigated. The form and nature of the proposed
development is considered to be consistent with the outcomes that are envisaged by the
Unitary Plan for the site, and represents an appropriate form and scale of development for
the receiving environment.
133. In addition, the proposal will also result in positive effects, in that it will enable the efficient
use of the land to provide an additional nine residential dwellings, being an increase of eight
dwellings compared with the existing situation, which assists to address the existing housing
demand in the Auckland region. The design and materiality of the proposed building is of a
high quality, and the proposed building will positively contribute to the visual interest,
pleasantness and quality of the adjacent streetscape, and the planning and design outcomes
envisaged by the Unitary Plan for this environment. In this respect, the proposed
development will be an appropriate benchmark for future development, particularly as the
land on the northern side of Jervois Road which has been upzoned in the Unitary Plan
(relative to the legacy Isthmus District Plan), and is not subject to heritage/character
constraints, is developed and intensified.
Any measure proposed or agreed to by the applicant for the purpose of ensuring positive
effects on the environment to offset or compensate for any adverse effects on the environment
(s104(1)(ab))
134. There are no adverse effects of significance which are proposed or required to be offset or
compensated by other measures.
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Any Relevant Provision of a National Environmental Standard (s104(1)(b)(i))
135. There are no National Environmental Standards that are relevant to the consideration of the
proposal.
Any Relevant Provision of a Regulation, National Policy Statement, and New Zealand
Coastal Policy Statement (s104(1)(b)(ii-iv))
136. There are no other regulations, National Policy Statements or New Zealand Coastal Policy
Statements that are directly relevant to the consideration of the proposal.
Regional Policy Statement or Proposed Regional Policy Statement Any Relevant Provision
of a Plan or Proposed Plan (s104(1)(b)(v-vi))
Auckland Unitary Plan – Operative in Part
Regional Policy Statement (Chapter B)
137. Chapter B of the Unitary Plan sets out the issues of significance for the Auckland region,
and the priorities and outcomes sought for the management of Auckland’s resources. Of
particular relevance to the proposal, Chapter B includes objectives and policies relating to
‘urban growth and form’ (Chapter B2), and ‘infrastructure, transport and energy’ (Chapter
B3).
138. The proposed redevelopment of the site will allow for the construction of nine new
residential units, and is inherently consistent with the objectives and policies of the Regional
Policy Statement.
139. In terms of the objectives and policies pertaining to ‘urban growth and form’, the proposal
serves to provide high-quality urban intensification in a more compact form to that currently
existing at the site (Objectives B2.2.1(1) and B2.4.1(3) and (4)) which will respond
appropriately to the quality of the built environment (Objective B2.3.1(1) and (2)). The
increased number of dwellings within the site will contribute to a wider increase in housing
supply across the Auckland region. The proposal is well serviced by existing social and
physical infrastructure, and will be appropriately serviced by new stormwater and
wastewater infrastructure which has also been designed to cater for further development
within the catchment (Policy B2.4.2(6)).
140. With reference to objectives and policies of the Regional Policy Statement that relate to
‘infrastructure, transport and energy‘, the preceding analysis has confirmed that the proposal
will provide sufficient onsite parking to service the development, while at the same time
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avoiding, remedying or mitigating any effects on the safe and efficient operation of the
transport network (Policy B3.3.2(5)(e)).
Local Centre Zone (Chapter H11)
141. The objectives for development in the Business zones are concerned with enabling
development that positively contributes towards planned future form and quality, and which
creates a sense of place (Objective H11.2 (3)). Specific to the Local Centre zone, the
objectives are concerned with enabling commercial activity which primarily services local
convenience needs and provide residential living opportunities (Objective H11.2 (6)) in a
scale and intensity that is in keeping with the planning outcomes for the surrounding
environment (Objective H11.2 (7)), and are an attractive place to live, work and visit
(Objective H11.2 (8)).
142. The policies for the Local Centre zone (and the Business zones generally) have been
considered and specifically addressed in the preceding assessment of effects. In addition to
this, the policies specific to the Local Centre zone seek to enable activities that provide for
the local convenience needs of the surrounding area (Policy H11.3 (16)), and to provide for
the expansion of local centres to better provide for community social and economic well-
being, where expansion is suitable for growth in terms of strategic and local environmental
effects (Policy H11.3 (18)), and to require activities adjacent to residential zones to avoid,
remedy or mitigate adverse effects on the amenity values of those areas (Policy H11.3 (20)).
143. As discussed in the preceding analysis, the proposal will achieve the outcomes anticipated
and encouraged by the objectives and policies for the Local Centre zone under the Unitary
Plan.
Transportation (Chapter E27)
144. The objectives for transport are concerned with ensuring land use is integrated with all modes
of transport in a manner which enables the benefits of an integrated transport network to be
realised and the adverse effects of traffic generation are managed (Objective E27.2(1)).
Parking and loading is to support urban growth and the quality compact urban form
(Objective E27.2(3)), and the manner in which it is provided is commensurate with the
character, scale and intensity provided for by the zone (Objective E27.2(4)). Pedestrian
safety and amenity along public footpaths is prioritised (Objective E27.3(4)).
145. The objectives for transport are to be achieved by managing the number, location and type
of parking spaces to support the safe, efficient and effective operation of the transport
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network, the use of more sustainable transport options and the functional and operational
requirements of activities and efficient use of land (Policy E27.3(3)), including limiting the
supply of on-site parking in the Local Centre zone (Policy E27.3(6)). Parking areas shall be
designed and located to avoid and mitigate adverse effects on the amenity of the streetscape
and adjoining sites, and to provide safe access and egress for pedestrians, vehicles and
cyclists while avoiding conflict between these users (Policy E27.3(17)). Vehicle crossings
and associated access ways shall be designed and located to provide for safe, effective and
efficient movement to and from sites, and to minimise conflicts between vehicles,
pedestrians, and cyclists (Policy E27.3(20)).
146. The preceding analysis confirms that the anticipated level of traffic generated by the proposal
can be safely and efficiently accommodated by the site, and that the proposed access and
servicing arrangements are appropriate and will not adversely affect the safety of pedestrians
and other motorists. The parking provided for the proposed dwellings, and the associated
dimensions of the parking and manoeuvring areas, and the access ramps, comply with the
requirements of the Unitary Plan, or are appropriate relative to the outcomes anticipated by
the rules of the Unitary Plan.
Groundwater (Chapter E7)
147. Chapter E7 references the objectives and policies of Chapter E2, as they relate to the take
and diversion of groundwater. The objectives of Chapter E2 are concerned with ensuring
that groundwater is available for ‘use’ provided that the natural values of water are
maintained (Objective E2.2(1)). The policies that relate to the diversion of groundwater seek
to achieve the objectives for water use by ensuring proposals avoid, remedy or mitigate
adverse effects of groundwater diversions on people and communities, that groundwater
diversion does not cause or exacerbate flooding, and by ensuring that monitoring of
groundwater and mitigation of groundwater diversion is incorporated where appropriate
(Policy E2.3(23)).
148. The preceding analysis confirms that the groundwater diversion will be within the range of
the anticipated seasonal fluctuation, and that the proposed temporary and permanent water
take and diversion will not cause adverse effects on adjacent properties or structures, as the
proposal will not result in groundwater drawdown or adverse ground settlement. The
Geotechnical Investigation and the Draft Monitoring and Contingency Plan prepared by
Riley Consultants (Attachment 5) includes appropriate monitoring measures to record
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ongoing groundwater effects, and appropriate conditions of consent are invited by the
applicant in this respect.
149. Overall, the proposed groundwater diversion is not anticipated to cause any adverse effects
on the environment, people or communities, and is consistent with the outcomes anticipated
by the Unitary Plan in this respect.
Infrastructure (Chapter E26)
150. The objectives and policies that relate to infrastructure works within the protected root zone
of street trees are contained in Chapter E17. These objectives are concerned with protecting
trees in roads that contribute to cultural, amenity, landscape and ecological values (Objective
E17.2(1)), and with enabling the safe and efficient development, maintenance, operation and
upgrading of the transport system and utilities while ensuring that the overall ecological and
amenity values provided by trees in roads are maintained (Objective E17.2(3)).
151. The policies seek to achieve these objectives by balancing the safe and efficient
development, operation, use, maintenance and upgrading of infrastructure and utilities with
the protection of trees in roads (Policy E17.3(1)), and by managing trees in roads to protect
their cultural, amenity, landscape and ecological values while acknowledging that multiple
uses occur within roads (Policy E17.3(3)).
152. As set out in the preceding analysis, it is necessary for new stormwater and wastewater
pipelines to be constructed within the road reserve to service the proposed development, as
a consequence of a lack of existing reticulated services. In this respect, the proposed
infrastructure has a functional and operational need to be located within the road reserve.
The Arboricultural Report sets out appropriate protection methods to manage works within
the protected root zone of the existing trees in order to balance the needs of the proposed
infrastructure with the protection of the cultural, amenity, landscape and ecological values
that the trees provide to the streetscape. In this respect, the proposed works can be
appropriately managed to ensure that they are consistent with the outcomes anticipated by
the Unitary Plan with respect to infrastructure works within the protected root zone of street
trees.
Any Other Relevant Matters (s104(1)(c))
153. There are no other relevant matters that require consideration.
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Part 2 Matters
154. The purpose of the Act is to promote the sustainable management of natural and physical
resources. The definition of sustainable management in Section 5 supports the use and
development of resources to enable people and communities to provide for their wellbeing.
This approach is, however, tempered by the requirements of Section 5(2)(a), (b) and (c) to
avoid or manage effects on the environment.
155. The above analysis has taken section 5 of the Act into consideration, and it can be
summarised that the proposed development promotes the sustainable management of the
physical and natural resources in a manner which enables people and the community to
provide for their social and economic wellbeing, and for their health and safety. With
regards to this purpose, the proposal will enable the efficient development of the land
resource in a manner which will increase the housing stock within the Auckland region, and
in a manner which avoids potential risks to the health and safety of people from natural
hazards.
156. With reference to section 6 of the RMA, the following comments are made:
(a) the proposed changes will not adversely affect the natural character of the subject site
or surrounding environment (section 6(a));
(b) the subject site is not identified as containing any “outstanding” natural features or
landscapes (section 6(b));
(c) the subject site is not identified as containing any “significant” indigenous vegetation or
significant habitats of indigenous fauna (section 6(c));
(d) the proposal will not adversely affect any identified ancestral lands, water, sites, waahi
tapu, and other taonga (section 6(e)); and
(e) the proposal will not adversely affect or implicate any historic heritage (section 6(f)).
157. With reference to section 7 of the RMA, the application is considered to represent the
efficient use, development and management of natural and physical resources (section 7(b)),
will maintain and enhance amenity values (section 7(c)) and will not detract from the quality
of the environment (section 7(f)).
158. There are no specific Treaty of Waitangi matters requiring consideration in accordance with
section 8 of the RMA.
159. Overall, the proposal is considered to be fully consistent with Part 2 of the RMA and will
achieve the purpose of the RMA.
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RECOMMENDED CONDITIONS
160. The nature of the proposed development is such that it is considered to be appropriate to
require the development to be undertaken in accordance with the application and the
associated material provided with the application, including the architectural plans, the
mitigation and monitoring procedures set out in the geotechnical analysis, and the tree
protection methods set out in the arboricultural analysis.
CONCLUSION
161. The proposal relates to the development of nine high quality residential apartment units and
a retail premise at 113 Jervois Road, Herne Bay.
162. As detailed in the preceding assessment, the effects of the proposal are readily able to be
sustained by the environment having regard to the amenity and character of the surrounding
area, the capacity of the available and proposed infrastructure and the natural values of the
environment.
163. The proposal is consistent with the objectives and policies of the Unitary Plan, and with the
purpose and principles of the Resource Management Act, being a sustainable development
of the existing physical and natural resources.
Prepared by
Anthony Blomfield
Bentley & Co. Ltd
November 2017