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1.0 RECOMMENDATION
A. That pursuant to rule EM6 and EM12 of the Proposed Hastings District Plan (As Amended by
Decisions 15 September 2015) and Sections 104, 104B and 108 of the Resource
Management Act 1991, resource consent as a Discretionary Activity is GRANTED
to Hastings District Council to undertake earthworks for the purpose of removing the
remaining sections of the Te Mata Peak Track (Craggy Range Track), to
reinstate the original contours of the land, and restore the vegetation cover
to pasture on a site located at Waimarama Road, Havelock North and legally
described as Lot 3 DP 316592 and Lot 3 DP 408476.
SUBJECT
TO THE FOLLOWING CONDITIONS
GENERAL
1. That unless
otherwise altered by the consent conditions, the proposal shall proceed in
accordance with the plans and information submitted in the application
Resource Consent: RMA20190006, application received 14 January 2019,
specifically:
a) Completed application form (dated 14 January 2019)
b) Land use consent and assessment of environmental effects
report, prepared by Sage Planning (dated 14 January 2019);
c) The methodology set out in the technical specification prepared by Frame Group Limited
and referenced as ‘Craggy Range Track – Te Mata Peak Partial
Track Removal Works’, Specification No. FGL 18/033/01 (dated January 2019); and
d) Landscape and Visual Effects Assessment, prepared by
Boffa Miskell (dated 11 January 2019).
STOCK ACCESS
2. That stock shall be excluded from the
remediated sections of the track (sections A, B and C) for an initial period
of 12 months from the completion of the works. At the conclusion of
this period, a review of the stability of the remediated surface and the extent
of grass cover shall be undertaken by the consent holder and the Council
shall be advised of the findings. A further period of stock exclusion
may be required by the Environmental Consents Manager if required in order to
minimise risk of erosion along the former track surface.
WEED MANAGEMENT
3. That weed removal
be undertaken as required to keep the former track alignment free of
weeds. Regular weed removal shall occur until such time as there is no
significant regrowth and the grass cover is fully established across the
earthworks area, to the satisfaction of the Environmental Consents Manager
(or nominee).
ACCIDENTAL DISCOVERY PROTOCOL
4. Any person employed
to undertake the earthworks and remediation work associated with this consent
shall be conversant with the following protocol to ensure they are aware of
their obligations under the Resource Management Act, and the Heritage New
Zealand Pouhere Taonga Act 2014:
If, at any time during site works potential koiwi (human
remains), archaeology or artefacts are discovered, the following discovery
protocol is to be followed:
a) All earthworks will cease in the immediate vicinity (at least 10m
from the site of the discovery) while a suitably qualified archaeologist is
consulted to establish the type of remains;
b) All practicable steps must be taken to secure the site and ensure
that items uncovered/found remain undisturbed.
c) If the material is identified by the archaeologist as human,
archaeology or an artefact, earthworks must remain on hold in the affected
area (as defined by the archaeologist). The consent holder must
immediately advise the Environmental Consents Manager, Heritage New Zealand
Pouhere Taonga, mana whenua, and Police (if human remains are found), and
arrange a site inspection with these parties;
d) Consultation will be undertaken between the mana whenua, Heritage
New Zealand Pouhere Taonga and the Authority holder/project manager to
determine the most appropriate course of action.
e) If the discovery contains koiwi, archaeology or artefacts of Maori
origin, representatives from all potentially interested iwi groups are to be
provided information on the nature and location of the discovery;
f) The consent holder shall not recommence works until all relevant
authorities and consents have been obtained and recommencement has been
approved by the Environmental Consents Manager (or nominee) in conjunction
with Heritage New Zealand Pouhere Taonga and mana whenua.
CONSTRUCTION NOISE
5. All construction work shall be
conducted to ensure that noise measured at the notional boundary of any
dwelling or noise sensitive activity does not exceed the Typical Duration Limits
Specified in NZS6803:1999.
6. All construction noise shall be
measured in accordance with New Zealand Standard 6803:1999 “Acoustics
– Construction Noise.”
7. All construction work shall be limited
to the hours of 7:00am – 5:00pm Monday to Friday and 8:00am –
5:00pm Saturday (with no work on Sundays or public holidays).
DUST AND DEBRIS
8. That the consent holder shall take all
measures necessary to ensure the prevention of dust nuisance on adjacent land
owners or occupiers, or the transportation of debris beyond the work area. Measures
shall include, but are not limited to, the following:
a) During
dry windy periods the stockpile and exposed earthworks area shall be covered
or moistened as required to prevent dust nuisance.
b) Should
offensive or objectionable dust be observed beyond the site boundary, the
activities generating the dust must cease immediately and must not restart
until such time as the dust nuisance has been remedied.
c) In
the event of mud or other debris being carried off the property and deposited
on the public carriageway, the consent holder will arrange for its removal as
soon as is reasonably possible.
MONITORING
9. That a monitoring
deposit of $220 (including GST) shall be payable to cover the reasonable
costs of monitoring compliance with the above conditions in accordance with
Council's schedule of charges. In the event of non-compliance being
detected by monitoring or justified complaint and/or the costs of monitoring
consent exceeding the deposit, the costs to Council of any additional
monitoring shall be paid by the consent holder in accordance with the
Council's advertised schedule of fees.
10. That all
costs associated with
complying with any or all conditions of this
consent shall be borne by the consent holder.
wITH
THE REASONS FOR THIS RECOMMENDATION BEING
1. The
GENERAL condition ensures that the development proceeds in accordance
with the plans and information submitted and assessed.
2. The STOCK ACCESS condition
ensures that stock access does not impact on the stability of the earthworks
and the establishment of grass cover.
3. The
WEED MANAGEMENT condition ensures that the establishment of weeds does
not compromise grass growth or accentuate the former alignment of the track.
4. The ACCIDENTAL DISCOVERY
PROTOCOL condition ensures that any incident involving accidental
discovery of koiwi, archaeology or artefacts is appropriately managed and
communicated.
5. The
CONSTRUCTION NOISE conditions ensure that the proposal complies with
the New Zealand Standard for Construction Noise (NZS6803:1999).
6. The
DUST AND DEBRIS condition ensures that any adverse effects resulting
from the operation of the proposal do not adversely affect adjacent
properties or public roads.
7. The
MONITORING conditions ensure that the consent holder pays the actual
and reasonable charges associated with monitoring the consent and that all
conditions of consent are monitored for compliance.
8. The
ADVERSE EFFECTS of this proposal are not significant, and are
acceptable in the circumstances, in that:
Landscape
Character and Visual Amenity
· The adverse visual and landscape effects
arising from the earthworks required to remove the remainder of the track
will be short term and of low magnitude;
· In the context of the existing environment, which includes the
effects of the current formed sections of track, the proposed earthworks will
facilitate a significant overall improvement in landscape character and
visual amenity, particularly over time.
Erosion and
Sedimentation
· The methodology for the track removal work
incorporates measures to ensure that erosion and sedimentation is managed;
· There is no likelihood of significant erosion
or sedimentation occurring and the completed ground profile is expected to
remain largely intact even through heavy rain events and overland stormwater
flow.
Life
Supporting Capacity of Soil Resource
· The temporary loss of productive capacity while stock are
prevented from grazing will result in a minimal loss of productive capacity
in the context of the District’s rural land resource.
Maori
Spiritual and Cultural Values
· The earthworks will reduce existing adverse
effects on Maori spiritual and cultural values by removing the track, the
continued existence of which is strongly opposed by Maori.
9. The proposal is
consistent with the OBJECTIVES, POLICIES and OTHER PROVISIONS
of the Proposed Hastings District Plan, in that:
· Any adverse effects on the environment can be mitigated by
appropriate conditions, and through the methodology proposed in the
application;
· The proposal will remediate existing adverse landscape and
visual amenity effects on Te Mata Peak, the landscape qualities of which are
afforded the highest level of protection under the Plan’s policy
framework;
· The proposal will
assist in the achievement of outcomes that are more consistent with Maori
cultural and spiritual values than the existing situation with the Craggy
Range Track in place. Te Mata Peak is a feature of cultural
significance to Ngati Kahungunu and hapu, as well as other members of the
community, and its remediation is consistent with the objectives and policies
of the District Plan;
10. Overall the proposal promotes
sustainable management as required by Part 2 of the Resource Management Act
1991 in that:
· It will result in the removal of significant adverse effects on
landscape character and amenity, and Maori cultural and spiritual values;
· Any potential adverse effects of the proposed
earthworks can be avoided, remedied or mitigated by conditions of consent.
ADVICE NOTES
1. To avoid doubt,
except as otherwise allowed by this resource consent, all land uses must
comply with all remaining standards and terms of the relevant Hastings
District Plan. The proposal must also comply with the Building Act
2004, Engineering Code of Practice and Hawke’s Bay Regional Plans. All
necessary consents and permits shall be obtained prior to development.
2. Under Section 125 of the Resource Management Act 1991 a resource
consent will lapse if not given effect to within 5 years of the date the
consent was granted, unless an extension is granted under Section 125(1A).
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Hastings District
Council
