REPORT TO: Commissioner
Hearing
MEETING DATE: Tuesday 22 January
2019
FROM: COMMITTEE SECRETARY
Christine
Hilton
SUBJECT: Notice
of Requirement to designate land for road corridor with associated
infrastructure for water, waste water, and stormwater; and stormwater corridor
- NOR Howard Street
1.0 INTRODUCTION
This is a
covering report relating to the Notice of Requirement to designate land for
a road corridor with associated infrastructure for water, waste water, and
stormwater and stormwater corridor (RMA20180376).
1.1 This
agenda can be viewed on the Council website and a reference hardcopy is held at
the Ground Floor Reception, Council’s Civic Administration Building,
Lyndon Road East, Hastings and at each of the district libraries (in Havelock
North, Flaxmere and Hastings).
1.2 For
ease of reference the recommendations from the attached Planner’s Report
are set out below, as part of this covering report.
2.0 RECOMMENDATIONS
RECOMMENDATIONS TO THE REQUIRING AUTHORITY
A. That
pursuant to Section 168A(4) and 184A of the Resource Management Act 1991:
RECOMMENDATION 1
–
(a) That the Notice of Requirement to designate land for Road Corridor
and Associated Infrastructure Servicing Corridor and Stormwater Corridor to
facilitate residential development within the Howard Street General Residential
Zone is confirmed with the inclusion of the severance land (Part Lot 42 DP 752)
abutting Parkvale School subject to conditions, and included in the Proposed
Hastings District Plan.
The Notice of Requirement more fully
describes the Requirement as:
· A crescent shaped road corridor running internally through the
development.
· The road is largely 20m wide, apart from the area adjoining Parkvale
School which is 22m wide.
· The road corridor is approximately 840m in length.
· The road corridor will also include servicing capabilities for
water, wastewater and stormwater.
· A stormwater corridor of 10m wide and approximately 52m long located
on 214 Havelock Road being PT LOT 2 DP 8367 BLK IV TE MATA SD.
B. RECOMMENDATION 2 –
That
the necessary amendments be made to the Proposed District Plan incorporating:
. Amendments to the Proposed District Plan maps
to show the additional areas of land to be designated.
. Amendments to the Designation Schedule,
including insertion of the final version of the conditions.
C. That
pursuant to Section 176A (1) and (2)(c) of the Resource Management Act 1991:
RECOMMENDATION 3
–
(a) That
the request to waive the requirement for an Outline Plan be accepted in part.
(b) That
prior to commencement of construction of the road an
Outline Plan be submitted to the Environmental Consents Manager (or Nominee) to
allow the Consent Authority to request any changes before construction is
commenced. The Outline Plan must demonstrate how the road alignment and
roadside car parking alongside the boundary of Parkvale School will address and
mitigate the potential traffic conflicts between road users and the school.
12.0 REASONS
FOR DECISION
1. The
designation is reasonably necessary for achieving the objectives of the
Requiring Authority.
2. Adequate
consideration has been given to alternative sites, routes, or methods of
achieving the project.
3. It
is unreasonable to expect the Requiring Authority to use an alternative site,
route or method.
4. The
designation is generally consistent with the objectives of the Hawkes’
Bay Regional Policy Statement and with the objectives, polices and other
provisions of the operative and proposed Hastings District Plans.
5. The
designation is generally in accordance with Part 2 of the Resource Management
Act 1991.
6. The
amendments that have been made to the proposal as a result of further
investigations, or in response to submitters' concerns, are within the scope of
changes that can be authorised.
7. Restrictions,
by way of conditions, imposed on the designation have been included to avoid as
far as practicable, remedy or mitigate adverse environmental effects of the
designation.
8. The
Outline Plan requirement for the road design allows for consideration of final
design details to address the uncertainty relating to how the design will
achieve safe and efficient on-road car parking for Parkvale School and the
other matters in the information submitted with the Notice of Requirement.
9 The
notice of requirement is consistent with Section 5 of the Resource Management
Act 1991 as the establishment of the road and services infrastructure will
provide for a public work of District importance in providing a servicing solution
to support the Howard Street residential area as confirmed in Variation 3 of
the Proposed Hastings District Plan.
13.0 RECOMMENDATIONS
ON SUBMISSIONS
1. That
the submissions of Christopher and Lorraine Burns (1) and Marcus Hill
on behalf of TRACE Group (3) in support of the NOR be ALLOWED.
With
reasons for this recommendation being;
The submissions in support
indicate acceptance of the NOR as it has been notified.
2. That
the submission of Barry and Lynne Keane (2) opposing the location of the
stormwater corridor over their land, being the property at 214 Havelock Road,
namely Part Lot 2 DP 8367 (CFR HB135/238) be DISALLOWED.
With reasons for this recommendation being;
The location of the proposed stormwater
corridor represents the most natural and least restrictive flow path from the,
taking the shortest possible route to the proposed internal road corridor and
ensuring that minimal land will be taken for the corridor.
3. That
the submission of Woolworths NZ Limited (4) supporting in part the NOR
be ALLOWED insofar as it is recommended that the NOR be modified to
include a small area of land (severance) on the Gee Property, PID 55493, namely part of Lot 42 DP752
(CFR HB37/104) within the designated corridor but REJECTED insofar as it is recommended
that the NOR otherwise be confirmed without further modification.
With
reasons for this recommendation being;
i. Apart from the small modification of the NOR
over PID 55493, namely Lot 42 DP752 (CFR HB37/104), the location of the
proposed road represents the most efficient and effective location to provide
essential services to the Howard Street development area;
ii. it is considered appropriate to designate the
compete corridor at the onset to reduce costs associated with a staged event;
iii. relocating the road to alongside the school would require
considerable modification of the road alignment resulting in inefficiencies to
the roading pattern and servicing within the modified alignment;
iv. the position of the road (including associated services)
was reached in a decision of Variation 3 and recommended to be the most
efficient and effective location.
v. Delaying or deferring designation of the north west
road stub would significantly disadvantage the owners of 260 Havelock Road by
restricting the ability to develop their site.
4. That
the submission of Karen Cooper (5) supporting in part the NOR be ALLOWED
insofar as it is recommended that the stormwater corridor over Part Lot 2 DP
8367 (CFR HB135/238) is confirmed but DISALLOWED insofar as the request
to modify the road alignment and width where it adjoins the submitters land.
5. That
the submission of Karen Cooper (5) requesting acoustic and stock proof
fences at the expense of the Requiring Authority be DISALLOWED.
With
reasons for this recommendation being;
i. The location of the proposed stormwater corridor represents the most
natural and least restrictive flow path from the, taking the shortest possible
route to the proposed internal road corridor and ensuring that minimal land
will be taken for the corridor.
ii. Narrowing one entrance reduces the ability to provide sufficient
safety, amenity and service levels to road users. This reduced ability
discriminates against the users of the second entrance. As a result of
narrowing the second entrance the first entrance will gain in prominence and
may require a higher form of intersection control leading to land requirements
that are strictly not warranted under the current scheme.
iii. The
conditions regarding fencing is considered to be out of scope for the NOR and
can be negotiated with the Requiring Authority outside of this process. The
noise report prepared by Malcolm Hunt Associates does not recommend any specific
noise mitigation be implemented due to the modest levels of traffic noise
involved.
6. That the submission of Ministry of
Education (6) and Board of Trustees, Parkvale School (7) be ALLOWED
insofar as it is recommended to that the NOR be modified to include a small
area of land (severance) on the Gee Property, PID 55493, namely part of
Lot 42 DP752 (CFR HB37/104) within the designated corridor and that it
is recommended that there be no additional modification of the designated
corridors.
With reasons for this recommendation being;
The recommendation to modify the designation over Lot 42 DP752 (CFR
HB37/104) will not result in any inefficiencies associated with traffic flow or
servicing and could provide an opportunity of additional car parking for
Parkvale School.
15.0 RECOMMENDED
CONDITIONS
GENERAL
1. Except
as modified by the conditions below, and subject to final design, the Project
shall be undertaken in general accordance with the information provided by the
Requiring Authority in the Notice of Requirement dated August 2018 and
supporting documents: HDC References;
· 55505 #0102
· 55505 #0103
· 55505 #0143
· 55505 #0107
· 55505 #0104
· 55505 #0105
· 55505 #0106
2. If
a conflict arises between any conditions of this designation and the Notice of
Requirement, the conditions of this designation will prevail.
3. That
the property subject to the designation and identified as Lot 42 DP 752 (CFR
HB37/104), (HDC ref PID 55493) - George Andrew Brummer, Anthony Patrick
Douglas Gee, Eileen Gee, and Steven Vue Lup Gee be altered in accordance
with Figure (a) below;
Figure
(a)
MANAGEMENT PLANS
4. The
following management plans listed below shall be submitted to the Environmental
Consents Manager, Hastings District Council (or Nominee) prior to the
commencement of any construction activities for approval:
1. Construction Management Plan (CMP);
2. Dust and sediment Management Plan;
3. Traffic Management Plan; and
4. Construction Stormwater Management Plan
5. The
final plans listed in Condition 3 shall be submitted to the Environmental
Consents Manager at least 20 working days prior to the commencement of any
construction activities for certification that the plans are generally in
accordance with the draft plans, including their objectives and environmental
performance standards.
6. Construction
activities shall not commence until the management plans have been certified by
the Environmental Consents Manager (or Nominee) and written confirmation of
certification from the Environmental Consents Manager (or Nominee) has been
received. If a written response is not provided to the Environmental Consents
Manager (or Nominee) within 20 working days of the Requiring Authority/consent
holder submitting the management plans for certification, the certification
shall be deemed to be confirmed.
7. The
final road design shall be submitted for Outline Plan approval under section
176A of the RMA. The assessment of affects accompanying the Outline Plan shall
be limited to effects on the traffic safety around the provision for car
parking bordering Parkvale School and shall show how the final design will
achieve a design that avoids remedies or mitigates against adverse
effects.
Advice
Note:
For clarification all other aspects of
the designation are waived for Outline Plan purposes. The purpose of this
condition is to provide the option for the Environmental Consents Manager to
undertake independent review and / or request changes to prior to final design
being completed by the Requiring Authority.
In completing
the Outline Plan the Requiring Authority are encouraged to liaise with the
surrounding land owners affected by the road design adjacent to Parkvale
School.
8. The Requiring Authority/consent holder may amend the management
plans at any time. Any changes shall remain consistent with the overall intent
of the relevant management plan and shall be submitted to the Environmental
Consents Manager for certification, following the same process outlined in Conditions
3 to 5 above. Construction activities subject to the amendment shall not
commence until the amendment has been certified by the Environmental Consents
Manager.
9. All
construction works shall be carried out in general accordance with the CMP and all
supporting management plans required by these conditions.
CERTIFIED MANAGEMENT PLANS TO BE HELD
ON-SITE
10. A
copy of the certified versions of the management plans shall be kept on each
construction site to which the plan relates at all times and the Requiring
Authority/consent holder shall ensure that the contractors and all key
personnel are aware of each plan’s contents.
CONSTRUCTION NOISE
11. That
all work shall be limited to between the hours of 7:30am to 5:00pm, Monday to Saturday. No work is to be undertaken on Sunday or
during Public Holidays.
12. All
works shall be so conducted as to comply with the provisions of New Zealand
Standard NZS6803:1999 “Construction Noise”.
EARTHWORKS / DUST
13. That while the earthworks are being undertaken and
prior to re-vegetation, areas of exposed earth shall be regularly dampened with
water to ensure that no wind born dust is able to be deposited outside the
property boundaries.
14. That all areas of earthworks associated with the
Road Corridor and Associated Infrastructure Servicing Corridor and
Stormwater Corridor shall be re-grassed, planted or developed to an
erosion proof state within 1 month of the earthworks being completed, to
the satisfaction of the Environmental Consents Manager, Hastings District
Council.
CULTURAL/ARCHAEOLOGICAL DISCOVERY PROTOCOL
15. In
the event of any archaeological site, waahi tapu, taonga or koiwi being
discovered during the works authorised by this designation/consent, the
Requiring Authority/consent holder shall immediately cease work at the affected
site and secure the area. The Requiring Authority/consent holder shall
contact the Council to obtain contact details of the relevant hapu and/or
marae. The consent holder shall then consult with the appropriate tribal
entities and Heritage New Zealand Pouhere Taonga, and shall not recommence
works in the area of the discovery until the relevant Heritage New Zealand
Pouhere Taonga and appropriate tribal entity approvals to damage, destroy or
modify such sites have been obtained.
MANAGEMENT OF POTENTIAL SOIL
CONTAMINANTS
16. That
no construction works commence within the Designated Road and Servicing
Corridors until the required resource consent(s) are obtained under the
Resource Management (National Environmental Standard for Assessing and Managing
Contaminants in Soil to Protect Human Health) Regulations 2011.
17. At
the completion of the works a completion report and as-built plan shall be
provided to the Environmental Consents Manager, Hastings District Council (or
Nominee), Hastings District Council, to confirm the location of the
contaminated soil as a result of the construction of the access and servicing
corridor.
TRAFFIC MANAGEMENT
18. That a Traffic Management Plan be submitted to the Hastings
District Council for approval of the Environmental Consents Manager (or
Nominee) prior to construction commencing on the road and service corridors.
WITH THE REASONS FOR THE CONDITIONS BEING THAT:
1. Conditions
1 and 2 will ensure that the designation proceeds in accordance with the Notice
of Requirement or the conditions of consent.
2. Condition
3 will confirm a new alignment that is considered a more efficient use of a
small landlocked part of the property identified as PID 55493 - George
Andrew Brummer, Anthony Patrick Douglas Gee, Eileen Gee, and Steven Vue Lup
Gee.
3. Conditions
4 – 6 will ensure that any environmental effects are avoided, remedied or
mitigated during the construction period.
4. Condition
7 will ensure that in respect of the road alignment adjacent to Parkvale
School, there are no adverse effects on road users or conflicts with the
School.
5. Condition
10 will ensure that contractors working on the infrastructure servicing
corridor have access to and know about the management plans in order to avoid,
remedy or mitigate effects during construction.
6. Conditions
11 and 12 ensure any noise associated with the construction of the servicing
corridor and stormwater soakage areas complies with national standards.
7. Conditions
13 to 14 ensure that there are no adverse effects on
adjacent properties in regard to dust and sediment deposits resulting from
earthworks.
8. Condition
15 will ensure that the protection of archaeological items, waahi tapu, taonga
or koiwi should these be discovered during the works.
9. Condition
16 to 17 will ensure that any potentially contaminated soil will be managed in
an appropriate manner to avoid, remedy or mitigate adverse effects on the
environment.
10. Condition
18 will ensure that any potential traffic conflicts can be managed in an
appropriate manner to avoid, remedy or mitigate adverse effects on the
environment and that access to the Infrastructure
Servicing Corridor by the general public is avoided.
Advisory Notes
1. The
Health and Safety Plan utilised by the Requiring Authority for the protection
of site workers should include measures to avoid contact with potentially
contaminated soils.
Attachments:
|
1
|
Hearing Report
|
55505#0145
|
|
|
2
|
Application and Notice of Requirement for Roading &
Stormwater Servicing Corridor
|
55505#0102
|
Document 2
|
|
3
|
Plans of the Notice of Requirement
|
55505#0103
|
Document 2
|
|
4
|
Public Notice 22 Sept FINAL
|
55505#0142
|
Document 2
|
|
5
|
Scanned Submissions (merged)
|
55505#0121
|
Document 2
|
|
6
|
Late submission (Parkvale School, Board of Trustees)
|
55505#0158
|
Document 2
|
|
7
|
Submission Summary for Howard Street(2)
|
55505#0146
|
Document 2
|
|
8
|
Detailed Site Investigation Report NESCS - EAM
Limited
|
55505#0143
|
Document 2
|
|
9
|
Lorentz Agrology Soil Appraisal for Karen Cooper
|
55505#0163
|
Document 2
|
|
10
|
Stormwater Capacity Assessment
|
55505#0107
|
Document 2
|
|
11
|
Additional Stormwater analysis- Tonkin & Taylor
|
55505#0162
|
Document 2
|
|
12
|
Submission Summary HDC Stormwater Manager-
Howard Street Notice of Requirement
|
55505#0167
|
Document 2
|
|
13
|
Wastewater Servicing Background Report
|
55505#0104
|
Document 2
|
|
14
|
Overall TIA Transport Impact Assessment
|
55505#0105
|
Document 2
|
|
15
|
Roading and Stormwater advice for Howard St NOR -
Additional information
|
55505#0165
|
Document 2
|
|
16
|
Geotechnical Report
|
55505#0169
|
Document 3
|
|
17
|
S92 Further Information Required Letter
|
55505#0164
|
Document 3
|
|
18
|
Traffic Noise Impact - 1259 Howard Street
|
55505#0168
|
Document 3
|
Hastings District
Council
