Professional Documents
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To propose earthworks involving a volume of 227m³ over an area of 1135m² will be a restricted
discretionary activity pursuant to Activity Table E12.4.1 (A5).
To propose new structures and dwellings, including the use of new buildings to accommodate
more vulnerable activities situated within the 1% AEP floodplain will be a restricted discretionary
activity pursuant to Activity Table E36.4.1 (A37) & (A38).
To propose dwellings situated within an existing overland flow path will be a restricted
discretionary activity pursuant to Activity Table E36.4.1 (A42).
To construct and use four or more dwellings is a restricted discretionary activity under rule
H5.4.1(A4).
To develop new buildings (and/or any additions to existing), as the development of new buildings
or any additions has the same activity status as the land use activity, is a restricted discretionary
activity under rule H5.4.1 (A34).
o To infringe the Height in-Relation to Boundary (HIRB) Standard under H5.6.5(1), which
will be between 0.653m to 0.691m in height by 15m in horizontal width for units 1 & 2
against the northern boundary.
Note:
Although not a reason for consent, the proposal does not meet the following residential
development standards of the AUP(OP):
o The 6m depth and 4m width outlook space requirement for the principal living area of each
dwelling will not comply with standard H5.6.12.
Decision
I have read the applications, supporting documents, and the report and recommendations on the
applications for resource consents. I am satisfied that I have adequate information to consider the
matters required by the Resource Management Act 1991 (RMA) and make a decision under
delegated authority on the applications.
Acting under delegated authority, under sections 104, 104C and Part 2 of the RMA, the resource
consents are GRANTED.
Reasons
The reasons for this decision are:
1. The application is for restricted discretionary resource consent, and as such under s104C
only those matters over which council has restricted its discretion have been considered.
Those matters are:
a. The proposed earthworks involving 227m³ volume over an area of 1135m² will be required
for the new development. The proposed earthworks will be undertaken to Auckland
Council engineering standards in addition to providing adequate earthworks mitigation
measures including a silt & sediment control plan. The silt & sediment control plans
provide silt fencing to TP90 standards. The proposed earthworks plan, mitigation
measures and compliance of current standards & guidelines will ensure that the volume
& area of earthworks will be undertake adequately with no compromise of any land
instability for the site & surrounding area.
b. The proposed FFLs will adequately provide for the facilitation of six new units that are
accessible and includes egress points for future occupants. The new FFLs will ensure the
proposed units will not be compromised during heavy storm events in this area. There
c. The degree of HIRB departure will be acceptable in size & scale. The proposed
dimensions involving 0.653m to 0.691m in height by 15m in horizontal width on units 1 &
2 will not compromise any effects for any immediate sites given that the proposed
compliance of yard setbacks, building coverage & height. The proposal will ensure that
existing amenities within the site and the surrounding area will not be compromised as a
result of the proposed HIRB. There will be no compromise of daylight amenity given the
orientation and placement of the units. The HIRB infringement will not compromise
internal amenities for any habitable spaces as the units will have multi-facing windows to
ensure appropriate daylight is received for each unit.
d. The proposal will involve outlook infringements that are created upon a revision of the
floorplan, which will shift the vehicle crossing to the south of the site and relocating the
outlook space to the north. Each outlook will have an infringement of 4m in width in
addition to depths involving 2.04m for Unit 1, 1.96m for unit 2, 1.93m for unit 3, 1.86m for
unit 4, 1.77m for unit 5 and 1.70m for unit 6. In addition, there will be decking constructed
to each of the proposed units, which will all include 4m in width in addition to 1.5m depth
from the largest window of all living rooms.
The proposed decking will be designed inclusive of the proposed FFLs and building
foundation involving the floodplain & overland flow path. Given that the proposed decking
will be considered as a structure, there will be no physical obstruction of the outlook from
the window. The proposal will be compliant with yard setbacks and building height
provisions, which will alleviate any perceived bulk & dominance effects for adjoining &
adjacent sites. The associated outlook amenity will adequately be facilitated by the
western and eastern portion of the infringement as there will be adequate, landscaped
area that is in a rectangular design, providing further outlook amenity. Future occupants
will be subject to outlook that will involve adequate daylight and a view of the yard that
excludes driveways and manoeuvring areas, which will ensure internal amenity will be
retained.
The proposed alternative space will ensure an adequate perception of space as a result
of the large area that is clear of buildings. The size & scale of the infringements will not
compromise any internal amenity for the site and surrounding developments including the
surrounding area nor the existing & planned street character.
e. The proposed dwellings are of an appropriate intensity, scale and appearance for the
planned character of this zone. The development utilises a mix of brick and weatherboard
materials that will provide visual interest, breaking up any perceived dominance on
adjoining & adjacent sites. The placement & orientation of windows and living areas will
not adversely affect the amenity of adjoining & adjacent sites. Overall, the development
will provide a functional and quality living environment for future occupants and the new
3. In accordance with an assessment under s104(1)(b) of the RMA the proposal is consistent
with the relevant statutory documents, insofar as they relate to the matters over which
discretion is restricted. In particular;
a. The proposal will be consistent with Objectives E12.2 (1), Policies E12.3 (1)-(3), 5) & (6)
and Matters of discretion E12.8.1 (1)(a)-(o) of Chapter E12: Land Disturbance. The
proposal will facilitate construction for the new dwellings, associated driveway and overall
topsoil clearance in consistency with Council guidance documents and engineering
standards. The size & scale of earthworks will fall within the scope of the associated
residential activity and is anticipated to be managed adequately. There are no identified
underlying hazards, Mana Whenua cultural heritage at the site nor will there be any
compromise of any historic heritage and character. It is considered the existing
characteristics of the site will adequately be able to facilitate the required earthworks
expected in this Chapter of the AUP (OP).
b. The proposal will be consistent with Objectives E36.2 (1)-(3), (5) & (6), Policies E36.3 (13)-
(15), (20) & (21), (29) & (30) and Matters of Discretion E36.8.1 (9)–(12A). The site will be
designed to accommodate six new units with new FFLs that will ensure that the expected
residential activity will adequately be facilitated. There will be adequate mitigation
measures including on-site soakage, existing stormwater infrastructure and proposed
layout of open spaces. There will be no compromise for safety & escape options for future
occupants in any heavy storm events.
Engineering mitigation measures will ensure that any occupants and surrounding
developments will not be subject to flood hazards or increased runoff as a result of
proposed developments. The appropriate engineering mitigation measures and site
characteristics (relatively flat topography situated in a residential neighbourhood) will be
adequate and consistent with this Chapter in the AUP (OP).
c. The proposal will be consistent with Objectives H5.2 (1)-(4), Policies H5.3 (1)-(4), (7) &
(10) and Matters of discretion H5.8.1 (2)(a)-(c) of Chapter H5: Residential-Mixed Housing
Urban Zone. The proposed built form shown on this proposal will not detract from the
planned urban character identified in this zone. The size & scale of the associated
infringements will be acceptable and designed in keeping with the existing street character
found in Duke Street, Papakura.
4. As a restricted discretionary activity, the other matters that can be considered under
s104(1)(c) of the RMA must relate to the matters of discretion restricted under the plan. In
this case, there are no further matters to consider.
5. Overall, the proposal is acceptable as the proposed, associated infringements will adequately
be mitigated with an appropriate site layout and compliant building designs involving all urban
Conditions
Under sections 108 and 108AA of the RMA, this consent is subject to the following conditions:
Lapse dates
2. Under section 125 of the RMA, this consent lapses five years after the date it is granted
unless:
Monitoring charges
3. The consent holder shall pay the council an initial consent compliance monitoring charge of
$675 (inclusive of GST), plus any further monitoring charge or charges to recover the actual
and reasonable costs incurred to ensure compliance with the conditions attached to this
consent.
Pre-development conditions
Notification of works
4. The Team Leader, Compliance Monitoring South shall be advised, in writing, five working
days prior to any works commencing, unless an alternative timeframe is agreed between
all parties.
Pre-Start Meeting
5. Prior to the commencement of the earthworks, the consent holder shall hold a pre-start
meeting that:
a) Timeframes for key stages of the works authorised under this consent;
b) Resource consent conditions;
c) The finalised erosion and sediment control plans; and
d) Any approved Corridor Access Request for Auckland Transport and the Construction
Traffic Management Plan
a) Specific erosion and sediment control works for the earthworks in accordance with
GD05/TP90, including earthworks required to cross beneath the bed of any stream or
Significant Ecological Area;
b) Supporting calculations and design drawings;
c) Details of construction methods;
d) Monitoring and maintenance requirements;
This finalised Erosion and Sediment Control Plan shall be submitted to the Team Leader,
Compliance Monitoring South at monitoring@aucklandcouncil.govt.nz. No earthworks
activity on the subject site shall commence until written confirmation from the Team Leader,
Compliance Monitoring South is provided that the finalised Erosion and Sediment Control
Plan is satisfactory.
Access to Property
7. Until all the conditions of this Resource Consent have been completed to the satisfaction of
Council’s Team Leader Monitoring (South), servants or agents of Auckland Council shall be
permitted to have access to relevant parts of the property at all reasonable times for the
purpose of carrying out inspections, surveys, investigations, tests, measurements and/or to
take samples whilst adhering to the Consent Holder’s Health and Safety Policy.
9. All earthworks shall be managed to ensure that they do not lead to any uncontrolled
instability or collapse either affecting the site or adversely affecting any neighbouring
properties. In the event that such collapse or instability does occur, it shall immediately be
rectified.
10. In supervising the works, the suitably qualified engineering professional shall ensure that
they are constructed and completed in accordance with the geotechnical investigation
report and approved earthworks plans.
Inspections
12. All sediment and erosion controls at the site of the works shall be inspected on a regular
basis and within 24 hours of each rainstorm event that is likely to impair the function or
performance of the control measure. A record shall be maintained of the date, time and any
maintenance undertaken in association with this condition which shall be forward to the
Team Leader, Compliance Monitoring South on request.
Dust
14. There shall be no noxious, dangerous, offensive or objectionable dust, particulate, smoke,
or fume emissions caused by the exercise of this consent. In assessing whether the effects
are noxious, offensive or objectionable, the following factors will be taken into account:
Deposition
16. There shall be no deposition of earth, mud, dirt or other debris on any road or footpath
resulting from construction activity on the subject site. In the event that such deposition
does occur, it shall immediately be removed. In no instance shall roads or footpaths be
washed down with water without appropriate erosion and sediment control measures in
place to prevent contamination of the stormwater drainage system, watercourses or
receiving waters.
18. The private way and manoeuvring areas shall be constructed, with stormwater control, in
compliance with Council’s current Local Engineering Standards.
19. The vehicle access areas constructed with permeable paving shall be constructed in
accordance with Auckland Council Guideline Document GD2017/001, C2 Pervious
Pavements and approved plans; and thereafter maintained to ensure the free flow of
stormwater through the paving to the satisfaction of the Team Leader, Compliance
Monitoring South.
Prior to the occupation of dwellings, an installation certificate shall be provided to the Team
Leader, Compliance Monitoring South.
A final certification shall be provided from Auckland Transport, in terms of the vehicle
crossing acceptance shall be provided to Team Leader, Compliance Monitoring South.
21. Any redundant section of the existing vehicle crossing shall be reinstated to full height kerb
and channel, and Auckland Transport standard footpath. The berm shall be re-instated to
Council’s “Code of Practice for Working in the Road.” (https://at.govt.nz/about-us/working-
on-the-road/).
Earthworks Abandonment
23. Upon completion or abandonment of earthworks on the subject site all areas of bare earth
shall be permanently stabilised against erosion to the satisfaction of Team Leader,
Compliance Monitoring South.
Stormwater
25. The consent holder shall provide a stormwater connection point to serve all the units to the
satisfaction of the Council’s Regulatory Engineering South.
1 15.15m RL
2 14.85m RL
3 14.72m RL
4 14.35m RL
5 14.30m RL
6 14.25m RL
All levels are in terms of the Lands & Survey Auckland Datum, 1946 and in accordance with
the approved plans referenced Resource Consent No. by Council. The above information
(floor levels and benchmarks) shall be shown on a plan, on the attached Auckland Council
Legal Documentation Form.
28. A surveyor’s certificate confirming the finished floor level as per condition 27 shall be
provided to the Team Leader - Compliance Monitoring South.
29. The as-builts of the overland flow path channel as shown on Antrim Consultants drawing
number C.2 rev A & C.3 shall be approved by Team Leader, Regulatory Engineering
(South).
30. Any fences installed around the overland flow path (north and south boundary) on lot 2 shall
be of perforated type (e.g. pool fence), which do not obstruct the overland land flow or
surface water flow. This requirement shall be complied at all times to the satisfaction of
Team Leader – Southern Monitoring.
Detention Tanks
31. The Private Stormwater detention tank (minimum 2000L, 18mm orifice) shall be installed
on proposed Lots 1 -6 (inclusive) to attenuate the flow from the site at a pre-development
rate into the public stormwater reticulation. The tanks shall be installed and maintained, at
all times, by the owner(s) and all future owners to the satisfaction of the Team Leader -
Compliance Monitoring South, at the owner’s expense.
The design of tanks for lots 1-6 (inclusive) shall be submitted at time of building consent, to
the satisfaction of Council's Team Leader - Regulatory Engineering (South).
Until a consent notice is registered under SUB60355061 (for detention tanks), this condition
(condition 31) shall be complied with on a continuing basis and shall be registered as a
covenant in accordance with Section 108 of the Resource Management Act 1991 on the
Computer Freehold Register of Lot 18 DP 17400 and shall be recorded on Council’s
Property Characteristics.
a. have been completed in accordance with the approved plans as referred to in condition
1 of this consent, or
b. do not exceed the vertical or horizontal extent of any breach, infringement, or non-
compliance approved under this consent.
Advice notes
1. Any reference to number of days within this decision refers to working days as defined in
s2 of the RMA.
2. For the purpose of compliance with the conditions of consent, “the council” refers to the
council’s monitoring inspector unless otherwise specified. Please email
monitoring@aucklandcouncil.govt.nz to identify your allocated officer.
3. To arrange the pre-start meeting required by condition 5 please contact the Team Leader,
Compliance Monitoring South at monitoring@aucklandcouncil.govt.nz or 09 301 01 01. The
conditions of consent should be discussed at this meeting. All additional information
required by the Council should be provided two days prior to the meeting.
4. In order to prevent sediment laden water entering waterways from the road, the following
methods may be adopted to prevent, or address discharges should they occur:
Under no circumstances should the washing of deposited materials into drains be advised
or otherwise condoned. It is recommended that you discuss any potential measures with
the Council’s monitoring officer who may be able to provide further guidance on the most
appropriate approach to take. Please contact the Team Leader, Compliance Monitoring
South for more details. Alternatively, please refer to TP90 or GD05.
5. A vehicle crossing permit is required to be obtained from Auckland Transport prior to the
construction of the vehicle crossing on existing public roads. See Auckland Transport’s
website https://at.govt.nz/about-us/working-on-the-road/vehicle-crossing-application/ for
more information.
6. Detail in terms of vehicle crossing standards shall be located on the following Auckland
Transport Website https://at.govt.nz/about-us/working-on-the-road/vehicle-crossing-
application/vehicle-crossing-standards/
The on-going monitoring of these measures is the responsibility of the consent holder. It is
recommended that you discuss any potential measures with the Council’s monitoring officer
who will guide you on the most appropriate approach to take. Please contact the Team
Leader, Compliance Monitoring South for more details. Alternatively, please refer to TP90
or GD05.
9. In the former Papakura District water and wastewater services are provided by Veolia under
a Franchise Agreement. The consent holder deals directly with Veolia in relation to all water
and wastewater servicing matters throughout the subdivision process. Compliance with
Veolia's water and wastewater requirements (as evidenced by the issuing by Veolia of a
Compliance Certificate) is necessary prior to the issue by Auckland Council of a Completion
Certificate under s224(c).
Construction of any water or wastewater infrastructure shall not commence until such time
as a Construction / Connection of New Works Agreement has been issued by Veolia and
accepted by the applicant (including construction requirements and charges payable) which
the applicant must comply with before Veolia either physically permit the connection if the
future water / wastewater infrastructure to the existing water supply / wastewater system or
provide water / wastewater services.
A Construction / Connection of New Works Agreement shall be issued only following the
completion of water and wastewater servicing plans, which meet Watercare Standards and
Veolia requirements.
The building over sewer application shall be required in accordance with Watercare
Standard and Veolia requirements (i.e. bridging details) etc.
10. As-built documentation for all assets to be vested in Council required by the above
conditions shall be in accordance with the current version of the Development Engineering
As-built Requirement. A valuation schedule for all asset to be vested in Council shall be
included as part of the as-built documentation.
11. The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc., all being; work to ensure compliance with the
resource consent. In order to recover actual and reasonable costs, monitoring of conditions,
in excess of those covered by the deposit, shall be charged at the relevant hourly rate
applicable at the time. The consent holder will be advised of the further monitoring charge.
12. For more information on the resource consent process with Auckland Council see the
council’s website: www.aucklandcouncil.govt.nz. General information on resource
consents, including making an application to vary or cancel consent conditions can be found
on the Ministry for the Environment’s website: www.mfe.govt.nz.
13. If you disagree with any of the above conditions, and/or disagree with the additional charges
relating to the processing of the application(s), you have a right of objection pursuant to
sections 357A and/or 357B of the Resource Management Act 1991. Any objection must be
made in writing to the council within 15 working days of your receipt of this decision (for
s357A) or receipt of the council invoice (for s357B).
14. The consent holder is responsible for obtaining all other necessary consents, permits, and
licences, including those under the Building Act 2004, and the Heritage New Zealand
Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other
applicable Acts (including the Property Law Act 2007 and the Health and Safety at Work
Act 2015), regulations, relevant Bylaws, and rules of law. This consent does not constitute
building consent approval. Please check whether a building consent is required under the
Building Act 2004.
15. Prior to the commencement of works to construct the new vehicle crossing, the consent
holder is reminded to contact Auckland Council – Community Facilities, to make
arrangements for the removal of the street tree and agreement for any subsequent
mitigation replanting.
Signed:
Date: 13/05/2020