HASTINGS DISTRICT COUNCIL
MINUTES
OF A Commissioner Hearing
HELD
IN THE Council
Chamber, Ground Floor, Civic Administration Building, Lyndon Road East,
Hastings ON
Tuesday, 19 February 2019 AT 9.00am
Present: Commissioner Paul Cooney
IN ATTENDANCE: Environmental Consents Manager (Mr M Arnold)
Team
Leader Environmental Consents/Subdivision (Mr C Sutton)
Senior
Environmental Planner - Consents (Mrs M Hart)
Committee
Secretary (Mrs C Hilton)
ALSO PRESENT: “For
the Requiring Authority (HDC)”
Environmental
Policy Manager (Mr R Wallis)
Senior
Environmental Planner, Policy (Mr C Scott)
Transportation
Development Engineer (Mr S Kuruwita)
Stormwater
Manager (Mr M Kneebone)
Legal Counsel for the Requiring Authority (Ms Asher Davidson)
“Submitters
addressing the hearing”
Marcus
Hill, General Manager, Trace Group – appearing for T W Property Holdings
Limited (representing owners of 1239 Howard Street)
Johan
Ehlers – appearing for T W Property Holdings Limited
Andrew
Hill, Consultant Planner, Beca - appearing for Ministry of Education
Alan
Dibley - appearing for Ministry of Education
Mark
Gifkins – Principal of Parkvale School
Dr Karen Cooper
Allison
Arthur-Young, Russell McVeagh - Legal Counsel, appearing for Woolworths New Zealand
Ltd
Kay
Panther Knight, Consultant Planner, Forme Planning - appearing for Woolworths New
Zealand Ltd
Brady
Nixon - Property Development Manager for Woolworths New Zealand Ltd
Barry and Lynne Keane
Some other
members of the public were also present as observers.
1.
Apologies
The following submitters who had initially advised that
they wished to speak, subsequently gave their apology as they were unable to
attend the hearing:
·
Mr and Mrs Burns (55505#0299).
·
Late Submitter – Mr G Russell, Chair
of the Board of Trustees for Parkvale School. The Principal of the
School, Mr M Gifkins, would attend as an observer) (55505#0310).
2. Notice of Requirement to
designate land for road corridor with associated infrastructure for water,
waste water, and stormwater; and stormwater corridor - Howard Street
Council’s Document Reference: Covering report (18/1225) and Planning Report (55505#0145) together with
associated Agenda documentation were circulated prior to the meeting and put
onto the Council’s website. Evidence from the Requiring Authority
and Expert Submitter evidence, including supplementary evidence from some
witnesses, had also been pre-circulated to the hearings commissioner and all parties. Additional
evidence was tabled and circulated at the hearing, as detailed in these minutes.
Commissioner
Paul Cooney introduced himself. He had undertaken a site visit the
afternoon before the hearing (on 18/2/19), with the Environmental Consents
Manager, Mr M Arnold. The commissioner advised that he had walked over a
large area of the subject property.
The
commissioner outlined the process to be followed at the hearing and
“house-keeping” matters were addressed. Cross-examination was
not permitted but the commissioner would permit the other parties to the
hearing to ask points of clarification of a witness or submitter, through him,
as the chair.
The commissioner further advised that he had read all the
submissions and the pre-circulated evidence prior to the hearing.
Therefore, he asked the expert witnesses to summarise and highlight the key
points they wished to address in their respective evidence. He further
advised that, if they wished, the submitters addressing the hearing may read
out their submissions in full when presenting their evidence.
The
commissioner noted the extensive procedural matters which were minuted for the
record below: (Note: the numbers in
italics and brackets are the references for evidence saved in the
council’s records management system).
Background:
In the lead-up to this commissioner hearing the date had been rescheduled
several times; a large number of emails and evidence had been received - pre-circulated
to the hearings commissioner and
all parties and put onto Council’s website as appropriate, in the
order shown below:
·
7 December 2018 - Agenda documents on website and link sent to all parties (55505#0161)
(initial hearing date on 22 and 23 January 2019).
·
7 December 2018 – Confirmation
that HB Regional Council had made an informal submission by way of a letter (55505#0170
and 55505#0202).
·
14 December 2018 - Applicant evidence
due but the Requiring Authority (55505#0187) advised that no further information
would be provided in addition to what was in the original agenda documentation.
·
20 December 2018 - An email and First
Memorandum received from Legal Counsel for Woolworths NZ Ltd (55505#0197
and 55505#0239) seeking a new hearing date to enable timely exchange of
evidence, including evidence from the Requiring Authority.
·
21 December 2018 - The First
Commissioner Minute dated was issued (55505#0193 and
55505#0255) setting new hearing dates of 11 and 12 February
2019 - Requiring Authority evidence due by 18 January
2019; and Expert Submitter evidence due by 1 February 2019.
·
Briefs of Evidence were received by 18
January 2019 from the Requiring Authority, as directed in the First
Commissioner Minute and put onto website as a compiled document.
·
Senior Environmental Planner, Policy - Craig
Scott (55505#0215).
·
Transportation Development Engineer - Mr
S Kuruwita (55505#0216) and an attachment to that evidence (55505#0218).
·
Stormwater Manager - Mr M Kneebone (55505#0217).
·
The First Attachment to the above
Brief of Evidence from the Stormwater Manager, Mr M Kneebone, (55505#0220) (being
a document from Pattle Delamore Partners, Version 1.0 - dated 29 March 2018) was
circulated on 21 January 2019 and put onto website as part of above compiled
document.
·
22 January 2019 - The Commissioner
issued a direction regarding a submitter request, received on 21 January 2019
from B and L Keane.
·
Mr Kneebone to provide further
stormwater information (55505#0228) on 1 February 2019 to identify
the stormwater runoff options at the Parkvale School end of the Howard Street
Block.
·
Subsequent Expert Submitter evidence to
be forwarded by 8 February 2019 or presented by the submitters via a reply at
the hearing.
·
24 January 2019 - In response to a
submitter request, from Dr K Cooper, the updated version of the First
Attachment to Mr Kneebone’s Brief of Evidence (being a document from
Pattle Delamore Partners, Version 2.0 - dated 12 June 2018) was circulated (55505#0227)
– (replacing 55505#0220) and was put onto website as a compiled
document.
·
30 January 2019 - An email and Second
Memorandum was received from Legal Counsel for Woolworths NZ Ltd (55505#0242)
seeking that the hearing be put on hold until the Requiring Authority provides
outcomes of modelling currently underway and any further stormwater reports.
·
30 January 2019 - A Memorandum was received
(55505#0248) from the Legal Counsel for the Requiring Authority in response
to the Second Memorandum from Woolworths NZ Ltd.
·
31 January 2019 - The hearings
commissioner held a teleconference between himself and the respective Legal Counsels
for Woolworths NZ Ltd and the Requiring Authority.
·
31 January 2019 - The Second
Commissioner Minute was issued (55505#0254)
following the above teleconference. This Minute set new hearing dates of 19 and 20
February 2019.
·
The Requiring Authority to file
modelling information and any Supplementary Evidence by 7 February 2019;
·
Submitters to file any Expert Submitter
evidence by 15 February 2019.
·
The Requiring Authority could provide a
further reply at the hearing if needed.
·
1 February 2019 - Further evidence from
Mr M Kneebone “Assessment of the Options for the Tremain Service
Connector” (55505#0261) - as per the 22 January 2019 direction
from the commissioner (55505#0228) was put onto website as a
compiled document.
·
7 February 2019 - Modelling work (55505#0281)
and a Statement of Supplementary Evidence (55505#0237) from Mr M
Kneebone - as set out in the Commissioner’s Second Minute was circulated
and put onto website as a compiled document.
·
7 February 2019 - Following
circulation of Mr M Kneebone’s Supplementary Brief of Evidence a
submitter request was received from Dr K Cooper (55505#0265) seeking an
assessment of potential drainage impact of the three road height options on her
and other submitters’ properties.
·
7 February 2019 - the commissioner
sought to establish the extent of officer work involved in regard to the
request from Dr K Cooper (55505#0270).
·
8 February 2019 - clarification was
sought from the commissioner by the Legal Counsel for the Requiring Authority
regarding the extent of the work Mr M Kneebone was to undertake in regard to Dr
K Cooper’s request (55505#0271).
·
8 February 2019 - the commissioner directed
the Requiring Authority (55505#0273 and 55505#0274) to explain, by
11 February 2019, how the proposed design height of the road may impact on
the ability of properties within the development area off Howard Street to have
stormwater access to the road stormwater drainage system.
·
11 February 2019 - Additional
stormwater / roading information was received from Mr M Kneebone (55505#0279)
together with an associated Memorandum from the Requiring Authority’s
Legal Counsel (55505#0280) - as per the Commissioner’s direction
above and was circulated and put onto the website as part of the above
compiled document.
·
Expert Submitter Evidence was received
on 15 February 2019 - as directed in the Second Commissioner Minute (dated
31 January 2019).
·
Andrew Hill for the Ministry of the
Environment (55505#0288).
·
Cameron Drury, Planning Consultant on
behalf of TW Property Holdings Ltd (55505#0295).
·
Johannes Ehlers, presenting engineering
evidence on behalf of TW Property Holdings Ltd (55505#0294).
·
Kay Panther Knight, Planning Consultant
appearing for Woolworths NZ Ltd (55505#0293).
19 February 2019 Hearing
Late Submission
The
commissioner noted that a late submission had been
received from Mr Grant Russell, as Chair of the Board of Trustees for
Parkvale School. This late submission would be considered at the start of the hearing.
The
commissioner then advised that he would receive the late submission – as
no-one was considered to be prejudiced by the late submission.
Pursuant
to section 37 of the Resource Management Act 1991, the timeframe for lodging submissions
in relation to the Notice of Requirement To
Designate Land For Road Corridor With Associated Infrastructure For Water,
Waste Water, And Stormwater; And Stormwater Corridor - Howard Street, Hastings is extended from the closing date of 23 October 2018 to 13
November 2018, to enable the late submission from Mr Grant
Russell, made on behalf of the Parkvale School Board of Trustees, to be
accepted.
The following plans/maps were displayed and addressed
at various times during the hearing as appropriate by the various parties,
during the presentation of their respective evidence:
· The Structure Plan (ENV-9-19-3-19-229)
· Land Requirement Overview Plan and various associated Land
Requirement Plans – (55505#0103)
· Howard Street Land Requirement D162 (55505#0284)
· Howard Street Designation Land Owners (55505#0285)
· Howard Street Land Owners (55505#0286)
· LIDAR based flow arrows across Howard Street development
site MWH Plan (ENV-9-19-3-19-230)
· Howard Street Development Flooding Extents and Flood Levels
(ENV-9-19-3-19-231)
Senior
Environmental Planner, Policy, Mr C Scott gave a
brief overview of the proposed Notice of Requirement, on behalf of the
Requiring Authority (HDC). He referred to the displayed Structure Plan
and highlighted the proposed roading location and other areas shown in the
legend on the plan.
He responded to
questions of clarification from the commissioner.
Legal
Counsel for the Requiring Authority, Ms A Davidson,
circulated the following four items of evidence:
·
Outline
of Submissions for Requiring Authority (55505#0354)
· Environment Court Consent
Order - K Cooper v Hastings District Council (55505#0355)
· Track change version of the
Draft Conditions of Designation (55505#03556)
· Copy of a noise assessment
for the "Howard Street Development Area - Submitter Concerns - Traffic
Noise Impact - Parkvale School” prepared by Malcolm Hunt, of Malcolm Hunt
Associates (55505#0357).
Ms Davidson
read her Outline of Submissions and addressed the other three items of evidence
at appropriate points during the presentation of her submissions. She
displayed the track change version of the draft conditions, highlighting the
relevant points in response to submissions and / pre-circulated evidence
forwarded from the submitters prior to the hearing. She responded to
questions and points of clarification sought by the commissioner.
Stormwater
Manager Mr M Kneebone’s Brief of Evidence on
behalf of the Requiring Authority (55505#0217) had been pre-circulated
prior to the hearing. At the hearing he circulated and read his Summary
of Evidence (Stormwater Engineering Evidence), on behalf of the Requiring
Authority (55505#0358). He circulated and referred to A3 colour
versions of the 21 sheets of cross-sections (55505#0281) which formed
part of the stormwater modelling work he had undertaken and had pre-circulated
prior to the hearing – as required by a number of directions issued by
the commissioner in the lead up to this hearing.
Mr Kneebone
responded to questions of clarification from the commissioner in regard to his
evidence. He explained in detail the main differences between the three options
that had been extensively modelled, noting the effects that would result on
each of the submitter properties and advising why Option 3 was the preferred
scenario. Mr Kneebone also referred to the earlier noted displayed Lidar
based flow arrow plan (ENV-9-19-3-19-230).
A point of clarification
was sought by submitter, Mr B Keane, with Mr Kneebone clarifying the route of
the proposed stormwater corridor once it reached the boundary with the Tremain
land to flow towards the Havelock Road. He explained that the route
proposed through the Keane property was the most direct and effective route.
The
commissioner allowed Mr K Gee, who was a landowner in the immediate area but
who had not made a submission, to seek a point of clarification.
Mr Kneebone commented on the fall of the land and the direction of flow
and the ground levels that would result from the proposed NOR (as opposed to
the existing ground levels).
The
commissioner asked some questions of Mr Kneebone in regard to the modelling
work and supplementary evidence the latter had prepared and which had been
pre-circulated on 7 February 2019.
In response to
further questions of clarification sought by the commissioner, Mr Kneebone
explained there was a maximum difference of approximately 250mm in height
between Options 1 and 3, in regard to the finished ground level. He also
addressed the change in level at the top of the cul-de-sac head; the Lidar
based flow arrow plan; the volumes of cut and fill required over the area; and
the need for a comprehensive development plan so that the work undertaken on
all the properties affected would result in consistency for the overall
stormwater system.
Transportation
Development Engineer, Mr S Kuruwita’s Brief
of Evidence on behalf of the Requiring Authority (55505#0216 and attachment
55505#0218) had been pre-circulated prior to the hearing. At the
hearing Mr Kuruwita did not circulate any further evidence and was not asked
any questions by the commissioner.
Senior
Environmental Planner, Policy, Mr C Scott’s Brief
of Evidence on behalf of the Requiring Authority (55505#0215) had been
pre-circulated prior to the hearing. At the hearing he circulated and
read his Summary of Evidence (Planning Evidence), on behalf of the Requiring
Authority (55505#0359). Mr Scott responded to questions of
clarification from the commissioner in regard to his evidence.
Presentation
Of Submissions
Mr M Hill, General Manager for Trace Group who was appearing for TW
Property Holdings Limited made a verbal statement
on behalf of his client. He confirmed support for Option 3 which had been
earlier outlined by Mr Kneebone. Mr Hill explained that the reasoning
for seeking that the designation be split into two parts was to allow their
land to be developed for housing.
Expert Planning
evidence had also been pre-circulated on behalf of TW Property Holdings
Limited by Mr C Drury (55505#0295). Mr Drury had been unable
to attend the rescheduled hearing and had advised that he was not able to commit
to being contactable to answer any questions the commissioner may have (55505#0307).
Mr J Ehlers,
an Engineer appearing for TW Property Holdings Limited addressed his pre-circulated engineering evidence (55505#0294).
Messrs J Ehlers and M Hill responded to questions from the
commissioner.
In response to questions
from the commissioner regarding roading levels, Mr Ehlers confirmed that
it would be helpful for his client to know the road level at their property.
Ms Davidson and
Mr Kneebone confirmed that the latter had started
work on long-sections that would clarify the roading levels across the extent
of the proposed NOR. They confirmed that this information could be
presented as part of the reply submissions made by the Requiring Authority
later in the hearing process.
Mr A Hill,
Planning Consultant appearing for the Ministry of Education addressed his pre-circulated evidence (55505#0288). He
advised that Mr A Dibley, Ministry of Education and Mr M Gifkins,
Principal of Parkvale School were also present at the hearing.
The
cross-section attachments to Mr A Hill’s pre-circulated evidence were
displayed and addressed at the hearing. While he
noted that the Ministry supported the proposed NOR, Mr A Hill raised concerns
in regard to a number of issues illustrated in the attachments to that evidence
and sought a cross-section of what was proposed in order that some certainty
was provided.
The
commissioner asked Ms Davidson, on behalf of the Requiring Authority, to
address, in her Reply Submissions, the matter of a cross-section and the certainty
that had been raised by Mr A Hill.
Dr K Cooper circulated and addressed her Supplementary Submission (55505#0347).
She also tabled a copy of the Joint Memorandum of Counsel for Appellant
and Respondent regarding the Environment Court’s Consent Order, dated 8
February 2019 – K Cooper v Hastings District Council (55505#0364).
Dr Cooper supported
Option 3 and accepted the Council’s offer to “reference” the
area. She responded to questions from the commissioner, including
clarification of the location of the “Plan K” roading corridor on
the displayed Structure Plan – which the commissioner noted was
“out of scope” at this hearing as this had been addressed by the
tabled Environment Court Consent Order. Dr Cooper withdrew her request to
reduce the width of the road and the condition for a noise mitigating fence.
Dr Cooper
sought reassurance that this roading corridor would remain in the agreed
location - as per the undertakings recorded in both the earlier Consent
Memorandum and the Draft Consent Order addressed by the Environment Court and
also supported and referred to in the evidence of Messrs Scott and Kneebone who
were appearing for the Requiring Authority.
Ms A
Arthur-Young of Russell McVeagh circulated and addressed her Legal Submissions (55505#0344) as
Legal Counsel appearing on
behalf of Woolworths New Zealand Ltd. She responded to questions
from the commissioner, noting her client’s concerns regarding 1) the late
introduction of Option 3 along with the resultant uncertainty regarding having
a suitable corridor to convey and manage stormwater from all sites within the
Structure Plan area; and 2) the wording of the proposed conditions.
Ms Arthur-Young
advised that Mr B Nixon - Property Development Manager
for Woolworths New Zealand Ltd and Ms K Panther Knight, Consultant Planner were
also present.
Ms K Panther
Knight, Consultant Planner, Forme Planning -
appearing for Woolworths New Zealand Ltd, addressed her pre-circulated
evidence (55505#0293)
and referred to the proposed conditions which had been discussed prior to the
hearing with the Legal Counsel of the Requiring Authority. She responded
to questions from the commissioner, agreeing that the earlier noted long
sections being prepared by the Requiring Authority would be an acceptable
approach to her client.
Mr B and Mrs
L Keane both addressed the hearing and made a
verbal statement. They displayed and referred to four colour photos (55505#0314
to 55505#0317 and 55505#0365) and a short video (55505#0318).
Mr and Mrs Keane expressed their concerns regarding amendments they perceived
had been made to the TW Property Holdings Ltd site which meant it now drained
towards their property as opposed to draining towards Howard Street.
Mr Kneebone advised that this was not the case.
Mr and Mrs
Keane responded to questions from the commissioner, noting the cost they had
borne for work undertaken by a valuer.
Mr Keane sought
clarification regarding an alternative plan of Lidar based flow arrows which he
believed that he had seen which indicated a different direction of flow, from
the plan shown by Mr Kneebone – i.e. with a 45 degree angle of flow in
the top left corner of the plan. Mr Kneebone advised that he had not seen
any such alternative plan for this area.
___________________________
The hearing adjourned for lunch at 1.12pm
and resumed at 2.05pm
___________________________
Senior
Environmental Planner - Consents, Mrs M Hart, the Council’s reporting
officer addressed the hearing. She spoke to
her agenda report and its recommendations and also addressed issues that had
been raised, by each of the parties in turn, during the hearing.
Through the
commissioner, clarification was sought from the officers appearing for the
Requiring Authority.
·
It was
noted that any additional soil testing costs on the designated land would be
entirely covered by the Requiring Authority and there would be no cost to the
submitter or subsequent owner of the land, specifically in relation to the
designated corridor.
·
How could
the general public be prevented from using this parcel of land so it could be
solely used as an overland flow path for stormwater?
The meeting was
advised that a copy of the Public Notice was included on Agenda Page 24,
showing those landowners who were adjacent to or who were directly affected by
the NOR.
Mrs Hart
responded to questions from the commissioner.
The
commissioner directed the Legal Counsel for the Requiring Authority, Ms A
Davidson, to liaise with the representatives for Woolworths NZ Ltd in order
to attempt to resolve, or at least significantly
narrow, the differences between the parties regarding
the proposed conditions. Ms Davidson was directed to file her written
Reply Submissions together with the proposed conditions by end of the day on Friday,
22 February 2019.
As noted
earlier, Mr Kneebone would produce long sections of the road and this would be
included with Ms Davidson’s Reply Submissions.
It was noted
that the Requiring Authority was not advocating the split designation so that
would not be addressed unless it was requested.
________________________
The meeting was adjourned at 2.20pm
On Tuesday, 19 February 2019
At this point in
the hearing process, the following information was subsequently issued or
received (in the order shown below) and was forwarded to the commissioner and
also sent to the other parties as appropriate:
·
On 22
February 2019 when Reply Submissions were due from Requiring Authority, a
request was received from the Legal Counsel for an extension of time to file
these submissions and to liaise with Woolworths NZ Ltd and finalise the
associated proposed conditions (55505#0335).
·
An extension
of time for filing Reply Submissions and the proposed conditions by the Requiring
Authority was granted by commissioner – now to be filed on 25 February
2019 (55505#0334).
·
25
February 2019 - Reply Submissions and associated appendices were filed by Legal
Counsel for the Requiring Authority as per the extension granted by the
commissioner (55505#0337).
·
Closure
of hearing by commissioner on 25 February 2019 (55505#0340).
·
Signed
Decision issued by commissioner on 28 February 2019 (55505#0322).
Hastings District Council