Ref: RC8000 LU0122/19
Officer name: Olivia Campbell
Email: [email address]
Phone: 04 237 5089 Mobile: 0211943028
13 March 2020
Wellington Water Ltd c/- GHD Ltd
Grant Thornton House
Level 2, 215 Lambton Quay
Wellington
Dear Sir / Madam,
RESOURCE CONSENT – NOTICE OF DECISION – RC8000 LU0122/19 LAND USE CONSENT FOR
STORMWATER UPGRADES IN PORIRUA CENTRAL, INCLUDING THE CREATION OF A WETLAND
WITHIN ELSDON PARK.
I am pleased to inform you that your application for resource consent for
Landuse consent for earthworks to
construct a wetland at Elsdon Park, flood protection earth bunds at Ngatitoa Street and Porirua School and works
associated with stormwater network pipeline upgrades AND
Land use consent under the National
Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health
(NESCS) was granted on 10 March 2020. The decision and the consent conditions, which are outlined at the
start of the
decision report, including the approved plans and details are attached.
Please review the conditions in the attached report as you will be required to comply with these. It is very
important that you understand your obligations and undertake the necessary actions or work to comply
with all the conditions of your consent.
If you have any questions or concerns about any aspect of your consent or its conditions, I would be happy to
discuss them with you. Please also refer to the following general information for consent holders:
1. You may commence your activity in accordance with your consent conditions, unless you lodge an objection
to Porirua City under section 357 of the Resource Management Act 1991. Your commencement date will
then be the date on which the decision on the objection is determined.
2. This resource consent will expire five years after the date of commencement of consent unless:
a. it is given effect to before the end of that period; or
b. upon an application made before the consent lapses for an extension of consent. The statutory
considerations, which apply to extensions, are set out in Section 125(1A)(b) of the Resource
Management Act 1991.
3. If you are dissatisfied with any aspect of the decision on your consent application, you have the right to lodge
an objection with the Council under section 357 of the Resource Management Act 1991. You have 15
working days from the date you receive this letter of notification within which to lodge your objection to the
decision. Your objection should contain a statement as to what part of the consent you object to and should
clearly explain the reasons for your objection. On receiving an objection in writing, the Council shall hear the
objection and may uphold the objection wholly or partly.
4. The applicant needs to obtain all other necessary consents and permits, including those under the Building
Act 2004 and comply with all relevant Council bylaws.
Please feel free to contact me if you have any questions or concerns.
Ngā mihi,
Olivia Campbell SENIOR RESOURCE CONSENTS PLANNER
PL AN N I N G R E PO R T , R E C O M M EN D AT I O N S AN D D EC I SI O N : R C A8 0 0 0
LAND USE CONSENT FOR STORMWATER UPGRADES IN PORIRUA CENTRAL, INCLUDING THE
CREATION OF A WETLAND WITHIN ELSDON PARK.
Applicant
Wellington Water Ltd c/- GHD Ltd
Resource Consent reference:
RC8000 LU0122/19
Application Received
18 September 2019
Reporting Planner
Baylee Pakau, Urban Edge Planning Ltd
Peer Reviewing Planner
Olivia Campbell, Senior Resource Consents Planner
Site Inspection
24 October 2019
1 .
R E C O M M EN D AT I O N AN D C O N D I T I O N S
That the application by
GHD Ltd on behalf of Wellington Water Ltd to undertake stormwater upgrade
works comprising of:
Landuse consent for earthworks to construct a wetland at Elsdon Park, flood protection earth bunds
at Ngatitoa Street and Porirua School and works associated with stormwater network pipeline upgrades
at:
• 1 Awarua Street
(Pt Mahinawa 1A), 2 Awarua Street
(Sec 99 Blk I Belmont SD), 22 Awarua
Street and
Road Reserve along Awarua Street, Porirua;
• Titahi Bay Road, Porirua
(Road Reserve);
• Strip of land adjacent to Titahi Bay Road, Porirua (PCC)
(Lot 3 Deposited Plan 464327) • Tutuira Place, Porirua
(Road Reserve)
• 9 Tutuira Place, Porirua
(Lot 2 Deposited Plan 464327) • 10 Titahi Bay Road, Porirua
(Lot 1 Deposited Plan 348171)
• Wii Neera Drive, Porirua
(Road Reserve); • Porirua School
(Pt Mahinawa 1A, Pt Urukaika Blk SO 26037);
• Mana College
(Sec 3073 and Pts 1C2B, 1C1, 1B, 1A, Mahinawa Blk Pts D1A1B4, D1A2A,
D1A2B, E2 and Pt 104 DP 19070, Takapuwahia Blk)
• Elsdon Park -
PCC Recreation Reserve (Section 99 Block I Belmont Survey District, Section 2
SO 38131);
be considered as a non-notified application under sections 95A, 95D and 95E and for a Discretionary
Activity pursuant to sections 104, 104B, 108, 108AA and 220 of the Resource Management Act 1991;
and;
Land use consent under the National Environmental Standard for Assessing and Managing
Contaminants in Soil to Protect Human Health
(NESCS), as a Controlled Activity:
be GRANTED for the following reasons:
1. Pursuant to section 95A and 95B of the Act, there are no mandatory requirements in the Porirua
City District Plan (the District Plan) to notify the application, the effects of the proposal on the
environment will be minor or less and there are no affected persons.
2. There are no special circumstances.
3. Pursuant to section 104 of the Act, the effects of the proposal on the environment will be less
than minor.
4. The proposal is in accordance with the relevant objectives and policies of the District Plan, and
Part 2 of the Act.
That this consent be subject to the following conditions:
General conditions and duration:
Page 1 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
1. That the development be in general accordance with the information and plans submitted with
the application
and held on Council file RC8000 LU0122/19 and stamped ‘Approved Plans’ for
Resource Consent RC8000 as follows:
A. Drainage Design plans (submitted as Appendix G):
Porirua City Council Central Stormwater Upgrades – Stage 1 for Wellington Water Ltd
drawn by GHD Ltd, drawing number 51-0908344: (G001, G006, C100-C106, C440,
C500-C504, C700, C800-C802), Rev A dated 09/2019.
B. Wetland design plans (submitted as Appendix I):
Porirua City Council Central Stormwater Upgrades – Stage 1 for Wellington Water Ltd:
-
Drawing number 51-0908344:(C320-C328 - Rev B
drawn by DCM Urban Design
Limited);
-
Drawing number 51-0908344:(C300-C313), Rev A dated 23.8.19
drawn by GHD
Ltd,
C. Porirua School Flood Protection plans (submitted as Appendix J):
Wellington Water Porirua School Flood Protection City Council Central Stormwater
Upgrades – Stage 1, drawn by GHD Ltd, drawing number 51-0908344: (G601-G602,
C611-C614, C621-C627), Rev A dated 09/2019.
D. Wellington Water Ngatitoa Flood Wall plans:
Wellington Water Ngatitoa Flood Wall, drawn by GHD Ltd, drawing number 51-
0908344: (G401-G402, G411-415, C421-C424), Rev A dated 05/11/2019.
Reports:
E. Geotechnical Report supplied with the application for Wellington Water Limited titled
‘PCC Stormwater Flooding Preliminary Design Geotechnical Assessment Report’
dated March 2019.
F. PCC Central Stormwater Environmental Report for Wellington Water Limited:
Combined Preliminary and Detailed Site Investigation - November 2019.
G. PCC Central Stormwater Groundwater Assessment – for Wellington Water Limited
Detailed Design Phase, September 2019
Minor alterations may be approved upon request providing the development is not materially
different, the scale and intensity of adverse effects will be no greater, and no approval from
affected persons is needed.
2. Pursuant to section 125 of the Act the consent shall lapse if not given effect to within
10 years
from the date of commencement of the resource consent pursuant to section 116 (1A)(b) of the
Act.
3. The consent holder shall give the Manager, Resource Consents at Porirua City Council a
minimum of two working days (48 hours) notice prior to works for each stage commencing.
4. The consent holder shall provide a copy of this consent and any documents and plans referred
to in this consent to each operator or contractor undertaking works authorised by this consent,
prior to works commencing.
5. The consent holder shall ensure that a copy of this consent and all documents and plans
referred to in this consent are kept on site at all times and presented to any Porirua City Council
officer on request.
Page 2 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
Note: conditions 4 to 6 were offered by the applicant.
6. During the construction period, a copy of all certified management plans shall be kept on site
at all times and be made available upon request.
Contamination management
7. The consent holder shall submit the Contaminated Land Site Management Plan (SMP) to
Manager, Resource Consents at Porirua City Council for certification at least 10 working days
prior to commencing of works that is generally in accordance with the draft SMP submitted with
the application. The final SMP shall confirm where material will be stockpiled and disposed,
and whether asbestos management is required throughout the proposal.
8. The project shall be carried out in general accordance with the certified SMP.
9. Works must not commence until certification of the SMP is received in writing from the Resource
Consents Manager at Porirua City Council.
10. The certified SMP may be amended if necessary, to reflect any changes in design, construction
methods, or management of effects. Any amendments are to be discussed with and submitted
to the Council for information without the need for a further certification process, unless Council
considers that they would result in materially different effects to those described in the original
management plans. If the amendments once implemented would result in materially different
effects to that described in the original SMP, the amended plans must be re-submitted for
certification.
Note: the applicant has agreed to the contamination conditions.
Construction and traffic management
11. A Construction Traffic Management Plan (CTMP) shall be prepared by a suitably qualified and
experienced person and shall be submitted to Manager, Resource Consents at Porirua City
Council for certification at least 10 working days prior to commencing of works. The purpose of
the CTMP is to avoid or mitigate adverse effects on traffic safety and efficiency resulting from
the construction works, in order to:
a. Protect public safety, including the safe passage of pedestrians and cyclists;
b. Minimise delays to road users, pedestrians and cyclists, and particularly public transport at
all times, especially bus travel times at peak traffic periods during weekdays (06:30 to 09:30
and 16:00 to 19:00); and
c. Inform the public about any potential impacts on the road network.
12. The CTMP shall describe the methods for avoiding, remedying or mitigating the local and
network wide transportation effects resulting from the Project works, and shall address the
following matters:
a. Methods to avoid, remedy or mitigate the local and network wide effects of the construction
of individual elements of the Project;
b. Methods to manage the effects of the delivery of construction material, plant and machinery
(including oversized trucks);
c. The numbers, frequencies, routes and timing of construction traffic movements;
d. Traffic management measures to address and maintain traffic capacity and minimise
adverse effects;
e. Measures to maintain existing vehicle access to private properties, or where the existing
property access is to be replaced, measures to provide alternative access arrangements in
consultation the affected landowner;
f.
Measures to maintain pedestrian and cycle access with thoroughfare to be maintained on
all roads and footpaths adjacent to the construction works, (e.g. unless provision of such
access is severed by the works or such access will become unsafe as a result of the
construction works). Such access shall be safe, clearly identifiable, provide permanent
surfacing and seek to minimise significant detours; and
g. Where possible, include measures to avoid road closures, and the restriction of vehicle,
cycle and pedestrian movements.
Page 3 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
Note: Any proposed works to construct the bypass pipeline within 10 Titahi Bay Road (Lot 1
DP348171) and 9 Tutuira Place (Lot 2 DP464327) on private land outside of the Easement in
Gross (Transfer 473829.20) will require landowner approval, where any amendment to the
width of the easement area may require a separate application under s243 of the RMA.
Construction noise and vibration
13. Noise arising from construction activities shall be measured and assessed in accordance with
New Zealand Standard NZS 6803:1999 ‘Acoustics – Construction Noise’ (NZS 6803:1999).
14. The consent holder shall ensure all development and construction work complies with the
provisions of NZS 6803:1999 Acoustics - Construction noise, with the exception of the work
hours detailed in condition 15 below.
15. Where on-site construction works and/or heavy vehicle movements need to be undertaken
outside of normal working hours (as defined in condition 16), night time work (8:00pm – 6:30am)
shall be avoided, where practicable. Where avoidance is not practicable, a best practicable
option shall be adopted to minimise or mitigate noise effects.
Work hours
16. Normal working hours, shall be:
a. For on-site construction activities, excluding over pumping activities: 7:00am to 7.00pm
Monday to Saturday (excluding public holidays)
b. For heavy vehicle movements on public roads: 7:00am - 7:00pm Monday to Saturday
(excluding public holidays).
Incident register
17. The Consent Holder shall appoint a community liaison person for the duration of the
construction phase of the Project to be the main point of contact for persons affected by the
Project.
18. At all times during construction work, the Consent Holder shall maintain a permanent register
of any complaints received relating to the construction works, including the full details of the
complainant and the nature of the complaint. The complaints register shall contain the following
information:
The record shall include:
o
The type and nature of the incident
o
Date and time of the incident
o
Weather conditions at the time of the incident (as far as practicable)
o
Measures taken to remedy the effects of the incident; and
o
Measures put in place to prevent the incident from re-occurring
19. The Consent Holder shall respond to any complaint within 24 hours of receipt of the complaint,
except where an immediate hazard is present or where the complaint relates to construction
noise, in which case the Council shall use its best endeavours to respond immediately. A formal
written response shall be provided to the complainant and the Council within seven days of
complaint receipt.
20. The Consent Holder shall keep a copy of the complaints register on site and shall provide a
copy to the Council upon request.
Earthworks
21. The consent holder shall comply with the approved Erosion Sediment Control Plan and all
conditions managing earthworks effects as approved by Greater Wellington Regional Council,
consent reference WGN20096.
NOTE: As the works require resource consent from both PCC and GWRC, it has been agreed
Page 4 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
between PCC and GWRC that GWRC will manage and monitor earthworks in association with
this project.
22. The consent holder deposits all unwanted spoil in a council-approved landfill by the conclusion
of site works.
Landscaping
23. The consent holder shall submit a final landscape plan for approval to the Manager, Resource
Consents at Porirua City Council that is generally in accordance with the landscape plan
submitted with the application, prepared by Morphum Environmental Ltd titled ‘planting plan’
dated 09/09/2019 revision B. The final plan shall be prepared in consultation with Porirua City
Council Manager Horticulture, with at least 10 working days provided for consultation with PCC.
24. The Council approved landscape plan must be implemented in the next planting season
following the construction of the wetland. The planting shall be maintained by the consent
holder for two years following installation, including the removal of weeds and the replacement
of any plants that die within this period.
Accidental Discovery
25. If koiwi, taonga or other archaeological material is discovered in any area during the works,
work shall immediately cease and the consent holder shall contact Heritage New Zealand, local
iwi, and the Porirua City Council within twenty four hours. If human remains are found, the New
Zealand Police shall also be contacted. The consent holder shall allow the above parties to
inspect the site and in consultation with them, identify what needs to occur before work can
resume.
Geotechnical condition
26. The consent holder shall meet the recommendations contained within section 7 of the
Geotechnical Report supplied with the application for Wellington Water Limited titled ‘PCC
Stormwater Flooding Preliminary Design Geotechnical Assessment Report’ dated March 2019.
Works shall be completed to a satisfactory standard, and outcomes adopted in the final design,
prior to any construction is permitted to commence.
End of conditions, please refer to advice notes, page 22.
9 March 2020
Reporting Planner
Baylee Pakau, Urban Edge Planning Ltd
Decision of Council
That consent be granted and be subject to the conditions specified in the above recommendation.
10 March 2020
Olivia Campbell
Date
SENIOR PLANNER RESOURCE CONSENTS
Page 5 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
2 .
D E S C R I PT I O N O F PR O PO S AL
The applicant is seeking land use consent to undertake comprehensive stormwater improvement works
in and around Elsdon Park and Porirua CBD. The works form part of stage 1 of an upgrade project that
seeks to deliver flood protection and stormwater improvements in central Porirua, with other projects
providing improvements to various suburbs around Porirua. Section 4 of the application describes the
works in detail, with a high-level overview provided in Figure 1 below.
The largest extent of works takes place within Elsdon Park, where the wetland attenuation and
treatment area are proposed. This will comprise of approximately 14,700m2 of the park, and will be
located at the south-east near the corner of Awarua Street and Titahi Bay Road. Treated stormwater
from the wetland will discharge to the new bypass pipeline, then to Porirua Harbour. Public space
including timber board walks, seating areas and a viewing platform are proposed as part of the works.
Approximately 7,700m2 of earthworks will be undertaken to form the wetland and undertake the
associated works comprising of approximately 12,300m3 of excavations and 3,900m3 of fill.
The proposed bypass pipeline from the wetland with be constructed along Titahi Bay Road next to
Elsdon Park, and then from the wetland across Titahi Bay Road, along Tutuira Place, to discharge into
the Porirua Harbour. The pipe is located predominately within road reserve, with a length of 94m of pipe
located within private commercial properties at 9 Tutuira Place and 10 Titahi Bay Road. Existing
easements are in place but require amendments to these agreements as the new pipe cannot fit within
existing easements. Total excavation for the pipeline is estimated to be approximately 4,230m2. The
proposed volume of works (being excavation and reinstatement) for the bypass pipeline will be
approximately 5,100m3.
Two flood protection bunds are proposed to be constructed, one to the north of Elsdon Park, near the
southern termination of Ngatitoa Street. The other will provide protection to Porirua School, across
Awarua Street to the south of Elson Park. The Ngatitoa Street bund will be 140m in length with a
maximum height of 1.2m, with a crest width of 1m. Approximately 375m3 of imported fill will be required
to construct the bund, over an area of 1,100m2.
The Porirua School bund will be 153m in length along Titahi Bay Road, and 92m in length within, and
next to, Awarua Street road reserve. The bunds will be approximately 1.2m high. As part of the flood
protection works, the staff car park will have a higher ground level of 600mm that will be supported with
blockwork retaining. Approximately 185m3 of fill is proposed over an area of 1,100m2.
Overall, the works are estimated to take approximately 2.5 years. The first stage will be the wetland
creation and bypass pipe. The applicant has outlined the overall methodology and timing for each stage,
with details to be confirmed in a Construction Management Plan.
The total area of earthworks proposed is 18,770m2 comprising mostly of the wetland works (14,770m2).
The total volume of earthworks will be 21,683m3, with 13,433m3 of earthworks to be disposed off-site.
The applicant is requesting that Council grants consent under the National Environmental Standard for
Soil Contamination (NES-SC) to account for the potential that soil that may be contaminated is
uncovered through site works. PSI and DSI have been supplied with the application.
The applicant is seeking a 10 year consent in accordance with section 123(c) of the RMA to provide a
buffer to the schedule should changes to programming or funding be required. The applicant is also
seeking consent from Greater Wellington Regional Council for the works.
The applicant also seeks consent for ongoing maintenance works of the wetland. If the consent is
approved, these maintenance works are considered to form part of the consent that may be given effect
to.
Page 6 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
Figure 1: overview of the proposal
3 .
D E S C R I PT I O N O F SI T E AN D S U R R O U N D I N G S
I agree with and adopt the applications description of the site in section 3 of the application, and
identification of properties subject to the resource consent application. The project area includes Elsdon
Park, Porirua School, Titahi Bay Road, and the northern end of the Porirua CBD.
The project area is low lying,
approximately 2 to 3m above
mean sea level, and subject to
flooding during heavy rainfall from
the large rainfall catchment of the
Elsdon Hills to the west. The
Mahinawa
Stream
(diverted
underground in places) runs
through the north of Elsdon Park.
Works also take place within the
Coastal Marine Area which has
no legal ownership.
The
application
site
encompasses a number of uses
including
recreation
activities
within Elsdon Park, education
land uses, residential, Council
road reserve and commercial
businesses within the CBD.
Page 7 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
4 .
R E L E V AN T PL AN N I N G PR O V I SI O N S
4.1
Operative District Plan
The application site spans a number of zones of the Porirua City District Plan (which became operative
on 1 November 1999) as outlined in Table 6 and Figure 25 of the application (page 35). This includes
the Recreation, City Centre, Open Space, and Suburban Zones. The works are considered to be in
association with the upgrade and maintenance of utilities and therefore, the rules of the Network Utilities
Chapter of the District Plan apply.
The application takes place over two designated properties, being Designation K0907 and K0908. Both
of these sites are designated for schools with the Minister of Education as the requiring authority under
section 166 of the RMA. As the proposed works are not in association with this purpose, the underlying
zoning requirements apply, both of which are the Suburban Zone.
The below table outlines the relevant properties and zoning.
General area of
Addresses
Underlying
Relevant District
Legal description
works as
zoning
Plan notations or
described in
overlays
section 1
Ngatitoa Street
2 Awarua Street
Suburban Zone
Seismic Hazard
Section 99 Block I
flood protection
and Recreation
Belmont Survey
Zone
District, Section 2 SO
Plan 38131
Elsdon Park
2 and 22 Awarua Suburban Zone
K0907 – Ministry
Section 99 Block I
wetland attenuation
Street
and Recreation
of Education
Belmont Survey
and treatment area
Zone
designation,
District, Section 2 SO
Seismic Hazard
Plan 38131
overlay
New bypass
9 Tutuira Place
City Centre and
Seismic Hazard
Lot 1 DP 348171 and
pipeline and a new
and 10 Titahi
Recreation
Lot 2 DP 464327
stormwater outlet to Bay Road, road
(Recreation
Strip of land next to
the harbour
reserve along
zoning applies to
road reserve is
Awarua Street,
the east of Wii
legally described as
Titahi Bay Road,
Neera Drive)
Lot 3 DP 434327
Tutuira Place
and Wii Neera
Drive
Porirua School
1 Awarua Street
Porirua School is
K0908 – Ministry
Pt Mahinawa 1A
flood protection
and road reserve zoned Suburban,
of Education
Pt Urukaika Blk SO
along Titahi Bay
underlying zoning
designation,
23067
Road
of road reserve is
Seismic Hazard
City Centre
overlay
4.2
Reasons for Resource Consent
In the case of this application, the proposal requires consent for the following reasons:
1.
Land use consent under the Network Utilities Chapter of the District Plan
Land Use Consent
The works are considered to be upgrading of a network utility, and thereby are to be considered under
the Network Utilities Chapter of the District Plan. The wetland, once established, provides a secondary
Page 8 of 23
RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
recreation activity but is primarily considered to be for stormwater storage which is a network utility. The
network utility rules override all other rules, with the exception of historic heritage. There are no areas
or structures identified as protected historic heritage within the development site.
As the proposal spans various components of a utility upgrade across a large area, it has the following
activity statuses:
-
Permitted Activity in accordance with Rule 6.1.14 as the new underground bypass pipelines
comply with the relevant conditions of the Utilities Chapter;
-
Restricted Discretionary in accordance with Rule 6.1.6 where the earthworks in association
with the formation of the wetland and the stormwater upgrades within road reserve do not
comply with the standards relating to earthworks (7.6.2).
-
Discretionary in accordance with Rule 6.1.12 as the proposed earth bunds are treated as a
network utility not otherwise listed as a permitted, controlled, restricted discretionary or non-
complying activity. The earth bunds do not comply with the standards relating to
separation/setback (7.4.1), size and diameter (7.3.7) and earthworks (7.6.2).
Relevant standards
The proposal complies with 7.1, 7.7, and 7.8. In respect of noise, it is noted that dewatering pumps will
be operating near Suburban Area zoned properties which the applicant advises is compliant with District
Plan noise standards.
The proposal does not comply with the following standards:
7.3.7 Cabinets that are not located within the road reserve and other network utilities not otherwise
provided for – 15m2 maximum
Each earth bund has an area of approximately 1,100m2.
7.4.1 minimum 20m riparian setback shall be maintained
The Ngatitoa Street earth bund will be within 20m of the Mahinawa Stream.
7.6.2 (b) Height, Depth – earthworks shall not exceed 1.5m in height or depth
The depth of earthworks to establish the wetland in Elsdon Park will be up to 2.24m in depth.
7.6.2 (d) Area: Riparian areas – 25m2
Recreation, Suburban and Aotea Supermarket Zones – 100m2
Rural Zone – 1000m2
All other areas – 500m2
The Ngatitoa Street earth bund is within Recreation Zone and requires earthworks over 1,100m2.
The earthworks required to establish the new wetland take place over the Recreation and Suburban
Zones, which both have a 100m2 limit. Approximately 7,700m2 of earthworks is required.
The bund on Titahi Bay Road, outside of the Porirua School designation has an underlying zoning of
City Centre. Earthworks over an area of approximately 687m2 is proposed.
The bund on Awarua Street for Porirua School has an underlying zoning of Suburban. Approximately
413m2 of earthworks are proposed.
NES-SC
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RC8000 SL0004/20
PLANNING REPORT AND DECISION – 10 March 2020
The applicant has requested Land use consent under the National Environmental Standard for
Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS), as a Controlled
Activity for:
-
Soil disturbance across the project area exceeding the permitted volume of 938.5 m3 – as the
proposed works will require soil disturbance of approximately 17, 283 m3 (trenches - 5, 028 m3
and wetland - 12, 255 m3).
-
The volume of soil to be taken off-site across the project area exceeding the permitted volume
of 187.7 m3 - approximately 13, 433 m3 of soil is required to be disposed off-site
Within Council’s s92.2 peer review process, concern was raised as to whether it has not been clearly
demonstrated that the proposal requires consent through the evidence provided, where the position
was taken that the tests to be a Controlled Activity have not been met. It was considered that the
proposal does not trigger the volumetric tests for disturbing soil relating to the ‘piece of land’ and is not
a change of use. However, in responding to the s92 process the applicant has stated:
The peer reviewer has questioned whether the works could be undertaken as a permitted activity within
their review. The consent has been applied for as a Controlled Activity on the basis that the proposed
works are for a lineal infrastructure project and that if residual contamination is discovered during the
works having a controlled activity consent in place mitigates potential project risk in applying for additional
consents to cover the works should residual contamination be encountered.
While this is a conservative approach to take, Wellington Water Limited (WWL) supports this approach to
manage this particular consent. Please see GHDs updated report attached, titled: PCC Central
Stormwater, Environmental Report: Combined Preliminary and Detailed Site Investigation (Revision 1)
dated November 2019.
Accordingly, whilst Council cannot require a consent for an activity that may be assessed as a Permitted
Activity, as a Discretionary utility under the District Plan, the matters relating to contamination can be
considered. Therefore, as the applicant has requested controlled activity consent under the NES, and
agreed conditions of consent address contaminated land via the submission of a Contaminated Land
Site Management Plan (SMP) – refer conditions 8-11 is has been determined by the Manager of
Resource Consents and Compliance that approval under the NES-CS can be granted on this basis.
Activity Status Conclusion
In bundling the overall activity status, the consent shall be considered as a Discretionary Activity.
5 .
S EC T I O N 9 5 - N O T I F I C AT I O N
Sections 95A to 95E of the Resource Management Act set out the requirements for making a notification
decision.
5.1
Public notification – Section 95A:
Section 95A of the RMA has a 4-step process to determine whether to publicly notify an application.
Step 1 - Mandatory Public Notification:
Mandatory public notification is not required as the applicant has not requested public notification
[s95A(3)(a)], there are no outstanding section 92 matters [s95A(3)(b)], and the application has not been
made jointly with an application to exchange recreation reserve land under section 15AA of the
Reserves Act [s95A(3)(c)].
Step 2 - Preclusion to Public Notification:
Public notification is not precluded because the activity (being a non-residential land use application) is
not subject to any rule in the District Plan that precludes public notification [s95A(5)(a)] and it is not a
residential activity with a Discretionary Activity status [s95A(5)(b)(ii)].
Step 3 - Public Notification – Rule/Adverse Effects:
Public notification is not required as the application does not include an activity that is subject to any
rule in the District Plan or relevant NES that requires public notification and it has been determined, in
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accordance with section 95D, that adverse effects on the environment will not be more than minor
[s95A(8)(a) and (b)] in accordance with the below assessment.
5.2 Assessment of Adverse Effects The matters of assessment for a Discretionary Activity are listed in section 10 of the Network Utilities
Chapter. Council can consider any relevant matter with particular regard to the objectives and policies
of the Plan. In addition, the Council shall have particular regard to relevant matters outlined in NU9 –
Matters of Discretion. The relevant matters are assessed below.
The degree, extent and effects of the non-compliance with the Permitted Activity Standards
The proposal does not comply with the earthworks standards relating to depth and area, with the largest
non-compliance for depth taking place within the proposed wetland due to excavations required. While
the proposal relates to a large area overall, the development will enable better mitigation of flood risk in
central Porirua and management of stormwater.
The degree, extent and effects of the non-compliances are considered to be minor or less for the
reasons outlined below.
Visual Impacts
The proposed wetland and treatment area will result in a permanent change to Elsdon Park, to around
14,700m2 at the south-east end of the park that is currently used as a sports field. The artificial hockey
turf will be retained, as well as the Mana College sports field to the west of the wetland. While the
wetland is intended to be for stormwater attenuation and treatment, it is acknowledged that it will also
contribute to the passive recreation opportunities within the park, through the creation of public spaces
next to the wetland which is considered to be an anticipated outcome in the Recreation Zone. The
proposed wetland will result in some new structures (i.e. boardwalks, signage, park benches and
sculptures) all of which are small in scale and not located in close proximity to any residential dwelling
or business. The proposal will alter the nature of Elsdon Park’s recreation use from public fields to a
wetland with space for the general public to utilise through seating and boardwalk next to the wetland
and will likely create a more active public space than Elsdon Park with improved amenity values.
The proposed bunds along Ngati Toa Street and next to Porirua School will result in permanent visual
changes to both sites. The bunds are generally low in height at 1.2m above ground level and will be
grassed upon completion. The low height and natural appearance of the bunds will ensure they are not
visually prominent in the wider environment. The bund to the south of Ngati Toa Street/north of Elsdon
Park is largely separated from the public realm and its west-east orientation minimises the visual effects
when viewed from Titahi Bay Road and Ngati Toa Street. The bund will be visible to users of the hockey
club rooms and grounds, but given the recreation nature of the wider Elsdon Park, the bunds will not
be out of character with the established visual amenity of a public park.
The bund and works at Porirua School will result in more visible changes to the site when viewed from
the wider environment. As assessed above, the bunds are low in height and will be grassed, which
mitigates their visual effects. The bunds, whilst visible, will be largely seen in passing by drivers along
Awarua Street and Titahi Bay Road, with commercial businesses across Titahi Bay Road generally not
facing the site. Residential properties to the east along Awarua Street are set back from the new bunds,
and the west-east alignment means their visibility will be limited.
The bypass pipeline will be located below ground level and the visual effects upon completion will be
limited to small structures and outlets which are not visually prominent.
The adverse visual impacts of the proposal will on balance, be no more than minor.
Amenity Effects
Amenity effects such as noise, vibration, odour, dust, and earthworks will be predominately observed
during the construction period. The nature of use of Elsdon Park may change from a field to when it
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was a wetland, which is anticipated by the underlying recreation zoning of the site with noise associated
with these activities to be expected through passive recreation use. Once the works are complete, the
applicant advises that the works will comply with activity noise standards of the relevant underlying
zones.
The applicant has detailed the construction programme in the AEE under section 5.1 (taken from page
25) in the excerpt below:
Noting that the works were not able to begin in January 2020, the above duration and timing
demonstrates that each part of the development will be largely undertaken as discrete areas of work in
separate parts of the project area. Given the extent of the area, and separation between Ngatitoa Street
and Porirua School it is considered that construction work will generally not be observed continuously
for the 2.5 years (approximate).
The construction works involve the use of dewatering pumps which potentially will occur overnight. The
applicant has proposed a dewatering construction management plan which demonstrates how noise
nuisance from the dewatering pumps in particular will be managed and proposes to undertake noise
mitigation measures i.e. acoustic shrouds of the pumps. The applicant has advised that methods of
mitigation to minimise noise effects on residential neighbours (who would be more sensitive to overnight
noise than a commercial or industrial activity) can be undertaken which will reduce noise levels to a
compliant degree.
In addition to the dewatering construction management plan, a general construction management plan
will be prepared for final approval by the Council. The applicant has identified measures to minimise
construction effects within the AEE which include:
• Limiting hours of construction (excluding use of dewatering pumps) to Monday to Friday during
daylight hours;
• Undertaking works within Porirua School during school holidays;
• Identifying and documenting noise mitigation measures
• Requiring the contractor to work within NZ Construction Noise Standards and within relevant
District Plan noise standards. It is noted the application states that consent would be sought if
these limits cannot be met.
Note: the applicant has advised in correspondence that it is expected the construction works
would comply with the applicable noise standards.
• Undertaking a letter drop to Ngatitoa Street residents in advance of construction commencing.
Noise complaints received will be recorded in an Incident Register, actioned and details
provided to PCC. The applicant has proffered the register as a condition of consent.
Sediment and erosion control measures will be in place during works, noting that the proposal also
requires consent from GWRC. It is considered that GWRC has particular expertise in managing the
effects of large-scale earthworks and in consultation with processing officers at GWRC, it is considered
more appropriate that they manage the erosion and sediment control measures throughout site works.
Overall, there will be measures in place to manage the effects of the earthworks.
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The amenity effects arising from the construction and earthworks are considered to be no more than
minor.
In respect of the ongoing amenity effects, the constructed wetland will be planted in species appropriate
for the local environment and will provide additional greening of the local environment that will contribute
more amenity to passers-by and users of the wetland recreation area than the existing fields at Elsdon
Park. The amenity effects of the bunds will be less than minor, as they will be grassed and sufficiently
low in height to assimilate to their surrounding green spaces.
The amenity effects of the proposal are considered to be minor or less.
Cumulative Effects
The proposal is stage one of four stages of improvements to stormwater in Porirua. Cumulative effects
of the overall project can be considered at later stages. As the first stage, it is considered there are no
cumulative effects.
Interference with Other Land Uses
The improvement works take place over public spaces and educational land being Elsdon Park, road
reserve and Porirua School. The bypass pipeline will also be constructed within private commercial
properties at 9 Tutuira Place (Lot 2 Deposited Plan 464327) and 10 Titahi Bay Road, Porirua (Lot 1
Deposited Plan 348171) however it is noted that these works comply with the District Plan provisions
for utilities and therefore consideration of effects are not necessary.
However an advice note will be offered outlining that any proposed works to construct the bypass
pipeline within 9 Tutuira Place (Lot 2 Deposited Plan 464327) and 10 Titahi Bay Road, Porirua (Lot 1
Deposited Plan 348171) on private land outside of the Easement in Gross (Transfer 473829.20) will
require landowner approval, where any amendment to the width of the easement area may require a
separate application under s243 of the RMA.
In turning to whether the utility works will interfere with other land uses, the Ngatitoa Street bund and
constructed wetland will be established within Elsdon Park which is a recreation area. The location of
the bund at the northern end of the park and is adjacent to the stream that is generally not utilised as
an active recreation space given its location near the hockey turf and clubrooms, and the car park.
The proposed wetland within Elsdon Park to the south of the hockey turf will mean that part of the park
cannot be used for active recreation. The proposed wetland will result in passive recreation use and will
provide a focal point for visitors and will enable a recreation experience that is not currently available
elsewhere in the CBD. The wetland will provide recreation space, albeit passive in nature as opposed
to active such as organised sports. There will still be spaces within Elsdon Park to undertake active
recreation, and the wetland will not affect the hockey turf towards the north of Elsdon Park.
The works within Porirua School will take place during school holidays to minimise disruption to teachers
and students, and upon completion, is not considered to interfere with school activities due to the bunds’
locations on the outside boundaries of the school.
The works will require traffic management in place which will affect the flow of traffic during construction
however this is considered a temporary effect that will not prevent the functioning of roading network.
Measures to Mitigate Bulk and Scale of the Utility
The nature of the utilities as a constructed wetland and flood protection bunds, are generally in keeping
with the predominant open character of Elsdon Park, Porirua School and the adjoining road reserves
of Awarua Street and Titahi Bay Road. While the wetland and bunds will cover large areas of land, they
will appear to be natural landscapes due to the planting and grassing proposed across the development
area. Structures relating to the utilities such as detention chambers are small in scale and generally at
or below ground level.
Size and Scale
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In considering whether the size and scale of the proposal is generally compatible with other
development in the area, the proposal will result in new areas for use of passive recreation in the form
of a wetland, which is consistent with the underlying zoning of Elsdon Park. In respect of the bunds,
they will be located within Elsdon Park, Porirua School and alongside road reserve whereby they will
appear to form part of a relatively open environment. The size and scale of the development, whilst
covering a large area of land, provides a dual benefit by improving stormwater management in the CBD,
and contributing new passive recreation space.
Traffic and Pedestrian Safety
Traffic and pedestrian safety during each stage of works will be managed through the construction
management plan process, and through any road stopping applications the applicant needs to make to
the Council outside of this application. Trench methodology may be undertaken to install the pipeline
under Titahi Bay Road, and the applicant advises this is likely to take a full working week (five days) to
complete, including reinstatement of the road. Stop-Go traffic management will be required.
The utility works are not considered to inherently alter the existing traffic and pedestrian environment,
noting that established roads, vehicle crossings and car park areas are unaffected.
The utilities will generally not alter the roading network, with a new single vehicle crossing proposed on
Awarua Street for maintenance vehicles and pedestrians to access the wetland. The existing bus stop
on Titahi Bay Road will be reinstated.
The wetland has the potential to attract visitors who may arrive by vehicles or on foot. It is considered
that given the underlying recreation zoning of Elsdon Park and its current set up as sports fields which
would attract high numbers of people on weekends in particular, the site can readily accommodate
visitors.
Alternatives Considered
The application does not identify alternative options to the proposal. In any respect, the effects of the
proposal are considered to be minor or less for the reasons detailed in this assessment.
Cultural and archaeological Effects
As the applicant proposes a stormwater outlet to Porirua Harbour, the works take place adjacent to a
Statutory Acknowledgment Area for Ngati Toa Rangatira and therefore has the potential to adversely
affect the cultural values and significance of the harbour, and its tributaries. The applicant has
undertaken consultation with Ngati Toa Rangatira and has gained their written approval. Furthermore,
the applicant has proffered an accidental discovery protocol in section 12 of the application. Accordingly,
it is considered that sufficient consideration has been given to cultural effects.
Contamination
The applicant has requested consent under the NES on the basis that the proposed works are for a
lineal infrastructure project and that if residual contamination is discovered during the works, having a
consent in place mitigates future risk in applying for additional consents to cover the works should
residual contamination be encountered. Dave Bull of Hail Environmental was engaged by Council to
peer review the PSI and DSI provided with the application to determine if the contamination
considerations are appropriate for the development.
The utility works do not take place within an identified SLUR site on GWRC’s register. GHD’s desktop
study shows the historic aerials for the site include land reclamation between 1941 and 1980 and the
site’s land use changed from rural to urban during this period. Because asbestos was known to be used
as part of land reclamation, asbestos in the reclaimed land within the park and development area is a
possibility to be discovered during excavations. The applicant has identified HAIL activities to have been
undertaken within the piece of land, being Category G5, F4 and F7 resulting in potential for heavy
metals, hydrocarbons and asbestos to be present within the soil. The applicant has provided their DSI
results that outlines heavy metals, hydrocarbons and asbestos were all below the applicable levels for
the purposes of the NES-SC.
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In Dave Bull’s assessment of the applicant’s review, he questions whether the proposal does in fact
need consent under the NES-SC due to the proposed soil disturbance within those pieces of land being
well below the volumetric permitted activity standards of clauses 8(3)(c) and (d) NES-SC. The applicant
has acknowledged this may be the case and has sought to undertake a conservative approach by
requesting consent under the NES.
While the proposed activity could be considered as permitted with respect to the NES-SC, Council
agrees with the request of the applicant to issue Controlled Activty consent where conditions of consent
will require a contaminated land site management plan (SMP). This is to be prepared by the applicant,
where Mr Bull who advises that final approval of the SMP should be undertaken by the Council prior to
works beginning to finalise where unsuitable material may go. The applicant has provided information
on 13 February 2020 stating:
After speaking to our engineers (water, contam and geotech) this is likely to be the situation regarding reuse
or otherwise of excavated soil:
•
Trenches - excavated material will not be re-used and will be taken off-site. This material is unsuitable
as it won’t meet compaction requirements
•
Ngatitoa earth bund – the excavated material will be unsuitable for re-use for the above existing
ground level earth bund. Soil may be suitable for either backfilling in the cut-off trench under the
bund or for landscape/planting areas around the wetland. If not suitable, the material will be taken
off-site.
•
Wetland – if suitable, the material will be reused for the mound or landscape/planting areas. Also, if
suitable, there will be excess material that will need taking off-site, as it all cannot be re-used. If
considered unsuitable, the material will be taken off-site.
•
Porirua School earth bund – excavated material unlikely to be re-used. Take off-site.
If the geotech engineer determines the material suitable for reuse (i.e. structural/compaction qualities etc),
testing will be undertaken for areas that have not been previously sampled and analysed to confirm suitability
from an environmental perspective.
The response was considered to address the outstanding issues for Mr Bull’s peer review. The applicant
has agreed to a condition requiring final approval of the SMP by the Council prior to works commencing.
Based on Mr Bull’s feedback and the applicant’s proposed management plan, the contamination effects
are considered to be less than minor.
Special Circumstances:
There are no special circumstances that warrant public notification under section 95A(9) because none
of the circumstances of the application are exceptional or unusual. While the proposal is of a large scale
that encompasses a number of properties and zones, the works are anticipated given they will enable
improved stormwater management across a large area of Porirua.
5.3
Limited Notification - Section 95B:
Section 95B relates to limited notification of consent applications and (in summary) directs that, where
notification of an application for resource consent is not required under Section 95A, the consent
authority must give limited notification of the application to any affected person. Section 95B is also a
4-step process to determine whether to limited notify an application.
Step 1 - Customary Rights and Marine Title Groups, and Statutory Acknowledgements:
There are no protected customary rights groups or customary marine title groups that will be affected
by the proposal.
The proposal is adjacent to a statutory acknowledgement area [s95B(2)(a) and (b) and s95B(3)]. The
applicant has obtained the approval of Ngati Toa Rangatira whereby they cannot be considered an
affected person.
Step 2 - Preclusions to Limited Notification:
There is no preclusion to limited notification as there is no rule in the District Plan or relevant NES that
precludes limited notification of the application [s95B(6)(a)] and the application is for neither a district
land use consent with Controlled activity status or an activity prescribed by regulations made under
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section 360H(1)(a)(ii), which precludes limited notification [s95B(6)(b)].
Step 3 - Limited Notification - Affected Persons:
Section 95E(3)(a) stipulates that those individuals who give written approval to a proposal cannot be
considered to be an “affected person”. It is noted that the following people have given their approval
and therefore cannot be considered an affected person:
▪ Ngati Toa Rangatira as owner of 2 Ngati Toa Street and statutory acknowledgment area, and
▪ Ministry of Education as owner of Porirua School and Mana College
Limited notification is not required as the effects on any person who has not provided written approval
will be less than minor [s95B(8)], for the reasons outlined in the assessment above, and in more specific
detail on surrounding properties below.
Ngatitoa Street flood protection
In respect of properties near the proposed bund at the southern extent of Ngatitoa Street, the effects
will be most observed by 2 Ngatitoa Street who has given written approval as owner, which is located
approximately 2m to the north of the bund. Once constructed, the bund will be up to 1.2m in height and
will run along the creek that is parallel to the southern boundary of this property for a length of
approximately 140m. This boundary is currently densely vegetated which will have to be removed to
facilitate construction of the bund, resulting in the northern bund slope being most visible from 2 Ngatitoa
Street. The bund is well separated from any other residential property along Ngatitoa Street.
The estimate timeframe for these works are August 2020 to December 2020. While the Elsdon Park
wetland works are likely to run from early 2020 to mid-2020, the wetland is separated from the dwelling
by the hockey fields and club rooms, and machinery and staff facilities will be located on Awarua Street
which is well separated from residential properties on Ngatitoa Street. The applicant proposes to limit
the hours of construction to Monday to Fridays during daylight hours which will minimise the effects on
nearby residential properties. Further, no dewatering pumps are required during construction of the
bund that may result in additional noise effects.
Given the bund’s setback from any nearby residential property who hasn’t given written approval, the
effects are considered to be less than minor on any person.
While the hockey club will likely observe the construction and resulting bund, this is considered to be a
less sensitive receiver compared to residential neighbours and is located within the application site such
that the owner (Porirua City Council) in conjunction with Wellington Water, can manage potential
disruptions during construction period.
Porirua School flood protection
Two bunds are proposed, to the north and east of the school site. The eastern bund will generally run
the length of the school field, within road reserve next to the school field. The northern bund will be
within road reserve and the school site. Both bunds are considered well separated from residential
properties such that any visual amenity effects of these bunds will be less than minor.
To the east of the school, across Titahi Bay Road, are commercial buildings which are well set back
from the bund and whose visual amenity is less sensitive than residential activities. No commercial
properties are considered affected by this bund.
There are residential properties to the west of the site, with 3 and 7 Awarua Street sharing their eastern
boundaries with the site. These properties are considered adequately separated from the bunds to not
be adversely affected by the resulting visual amenity effects.
In terms of construction works, the applicant advises that construction works for the Porirua School
flood protection works will be from December 2020 to March 2021 which involves the establishment of
the bunds and the bypass pipeline. Construction of the pipeline involves trench dewatering with the
pipeline near the residential properties on Awarua Street. These dewatering pumps are proposed to
operate overnight to enable the trench to recharge and recommence on a Sunday to enable
construction works on a Monday. The construction management plan will ensure the construction
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effects on nearby residential properties will be less than minor.
Elsdon Park wetland attenuation and treatment area
The proposed wetland and treatment area will result in a permanent change to Elsdon Park, to around
14,700m2 at the south-east end of the park that is currently used as a sports field. The artificial hockey
turf will be retained, as well as the Mana College sports field to the west of the wetland. While the
wetland is intended to be for stormwater attenuation and treatment, it will also contribute to the passive
recreation opportunities within the park, through the creation of public spaces next to the wetland which
is considered to be an anticipated outcome in the Recreation Zone. The proposed wetland will result in
some new structures (i.e. boardwalks, signage, park benches and sculptures) all of which are small in
scale and not located in close proximity to any residential dwelling or business. The visual amenity
effects of the proposal on any person are considered to be less than minor.
The wetland will be established partly within land owned by the Ministry of Education, designation
K0907 and is generally for public infrastructure purposes such that it will not be within the scope of the
designation’s purpose. MoE has given written approval for the activity within and adjacent to their land.
In considering the construction effects, it is estimated that works will take six to seven months. This
overlaps with other parts of the project however the areas of work are considered to be separated from
each other and can be viewed as discrete portions of the overall project to not result in cumulative
construction effects on neighbours.
In respect of the wetland, it is noted the nearest residential neighbours are across from Awarua Street
which provides physical separation of the construction effects. Machinery, stockpiles, staff facilities and
vehicle storage will be near the Awarua Street frontage of Elsdon Park, which are considered temporary
in nature and buffered by the road carriageway. Overall this separation distance, compliance with
construction noise standards, limited hours of construction (Monday to Friday – during daylight) are
considered to adequately mitigate the construction effects on any residential neighbour to a degree that
is less than minor.
The excavations to create the wetland are not located on any person’s adjoining boundary where their
stability could be affected. Silt and sediment runoff, and dust will be managed throughout earthworks.
Upon completion, all areas of exposed earth will be planted or built over to create the wetland. Overall,
the earthworks effects on any person will be less than minor.
New bypass pipeline and a new stormwater outlet to the harbour
The proposed bypass pipeline is predominately located in Council road reserve, with portions of the
pipeline being located within 9 Tutuira Place (Lot 2 Deposited Plan 464327) and 10 Titahi Bay Road,
Porirua (Lot 1 Deposited Plan 348171). There are easements in place on the titles for these properties
that allow for stormwater pipes to run through, however these easements are required to be amended
as the depth of the proposed bypass pipeline requires a wider easement.
The bypass pipeline requires the applicant to undertake works within private property that may in turn
affect their business operation and availability of car parks during construction. The proposed bypass
pipeline within 9 Tutuira Place and 10 Titahi Bay Road, Porirua are a permitted activity under the Utilities
Chapter and therefore any effects will be in line with District Plan expectations for the site. Any proposed
works to construct the bypass pipeline within 9 Tutuira Place and 10 Titahi Bay Road, Porirua on private
land outside of the Easement in Gross (Transfer 473829.20) will require landowner approval, where
any amendment to the width of the easement area may require a separate application under s243 of
the RMA. This has been brought to the applicant’s attention via an advice note.
A public transport route along Titahi Bay Road will be affected during construction of the bypass pipeline
and will be restored to its current location upon completion. Traffic management will be in place during
this period that will be approved by PCC prior to starting work.
The bypass pipeline through Tutuira Place, towards Porirua Harbour will be established in commercial
areas where there is less sensitivity to noise. While disruption may be caused to surrounding
businesses, the effects are temporary in nature, will not result in any discernible structures, and works
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are largely limited to the road reserve (with the exception of 9 Tutuira Place (Lot 2 Deposited Plan
464327) and 10 Titahi Bay Road, Porirua (Lot 1 Deposited Plan 348171)).
Step 4 - Special Circumstances:
I have considered whether there are special circumstances that exist relating to the application that
warrant limited notification to any persons who have not been excluded as affected persons by the
assessment above [s95B(10)]. There are no special circumstances that warrant limited notification
under section 95B(10). None of the circumstances of the application are exceptional or unusual.
Conclusion on limited notification
I consider the effects on any person will be less than minor. The proposal therefore can be determined
on a non-notified basis.
6 .
S EC T I O N 1 0 4 M AT T E R S T O B E C O N SI D ER ED
Application has been made under the Resource Management Act 1991 (the Act) being an application
for resource consent (pursuant to section 88).
Section 104 of the Resource Management Act provides that:
(1)
When considering an application for a resource consent and any submissions received, the consent authority must,
subject to Part II, 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.
(2)
When forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of
the activity on the environment if a national environmental standard or the plan permits an activity with that effect.
(3)
A consent authority must not –
(a)
when considering an application, have regard to”
(ii) any effect on a person who has given written approval to the application
The actual and potential effects of the proposal are discussed in section 4 above, and the relevant
provisions of the District Plan will be discussed in detail below.
Section 104B of the Resource Management Act provides that:
After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent
authority –
(a)
may grant or refuse the application; and
(b)
if it grants the application, may impose conditions under section 108.
6.1
s104(1)(a) - Environmental Effects
I have undertaken an assessment of the potential adverse effects arising from the proposed
development in section 4 of this report, whereby I have concluded that any adverse effects on the
environment will be minor or less. Further, I consider that any potential adverse effects on the subject
land or adjacent land will be acceptable.
Porirua City Council Parks and Gardens officers have advised that once the wetland is constructed,
they will manage maintenance of plants species. PCC officers have reviewed the proposed planting
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schedule and have provided suggested amendments to improve the wetland’s performance. The
approval of PCC’s Parks and Gardens officers is not considered necessary for the purposes of section
95E.
The matters discussed, and the conclusions reached are also applicable with regard to the adverse
effects assessment under section 104(1)(a) of the Act. Overall, the effects associated with the proposal
are acceptable.
In addition, the applicant has provided the below assessment of positive effects under section 8.2 of
the application which I agree with and adopt:
The proposed maintenance, repair, replacement and installation of stormwater infrastructure is
necessary to improve essential stormwater drainage in the Porirua CBD and improve stormwater
discharge quality to the Porirua Harbour. Based on the proposed design and mitigation measures, the
adverse environmental effects of the proposal have been assessed, in section 7 of this report, as less
than minor, with substantial resultant positive benefits.
Conditions of consent have been proffered by the applicant in section 12 of the application which will
largely be adopted. These conditions relate to contaminated land management, erosion and sediment
control, accidental discovery protocols, and creation of an incidents register. As the application also
requires consent from GWRC, it is considered appropriate that the lead for management of erosion and
sediment is undertaken by GWRC officers, to ensure there isn’t double up of requirements by
authorities.
In addition to the proffered conditions, a construction management plan will be required to be complied
with.
6.2
104(1)(b) - Planning Provisions
In considering this application the Council has had regard to provisions of the following planning
documents:
• National Environmental Standards
• National Policy Statements
• The New Zealand Coastal Policy Statement
• The Wellington Regional Policy Statement
• The Porirua City District Plan
6.2.1
Higher Order Planning Documents:
I have given regard to the higher order planning documents specified at section 104(1)(b)(i) – (vi) of the
Act. No NPS is considered relevant. The proposal is considered to accord with the general strategic
direction of the Wellington Regional Policy Statement, with particular consideration given to the
objectives and policies for natural hazards (3.8) and infrastructure (3.3).
6.2.2
Objectives & Policies
The District Plan has a number of objectives and policies that require consideration in assessing a
resource consent. These include specific zone related objectives and policies as well as policies relating
to general issue areas for Porirua. The following are most relevant to this application:
NETWORK UTILITIES OBJECTIVES AND POLICIES
3.1
OBJECTIVE
To recognise the benefits of regionally significant network utilities and ensure
their functions and operations are not unreasonably compromised by other
activities.
3.1.2
Policy
Recognise the national, regional and local benefits of regionally significant network
utilities.
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3.1.3
Policy
Avoid, or as appropriate, remedy or mitigate, the potential for any adverse effects,
including reverse sensitivity effects on regionally significant network utilities from
incompatible new subdivision, use and development occurring under, over, or adjacent
to regionally significant network utilities.
3.2
OBJECTIVE
To recognise and provide for the sustainable, secure and efficient use, operation
and development of network utilities within the City.
3.2.1
Policy
Recognise and provide for the:
▪
Need for new and the maintenance and upgrading of existing network utilities;
and
▪ Technical and operational requirements and constraints of network utilities in
assessing their location, design, development, construction and appearance;
and
▪ benefits that network utilities provide to the economic, social and cultural
functioning of the City.
3.2.2
Policy
Enable the efficient construction, installation, operation, upgrading and maintenance of
network utilities.
3.2.3
Policy
Ensure that the provision and operation of utilities that cross jurisdictional boundaries
is managed in an integrated manner.
3.3
OBJECTIVE
To manage any adverse effects on the environment resulting from the design,
location, operation and upgrading and maintenance of network utilities.
3.3.1
Policy
Ensure that network utilities are designed, located, developed, constructed, upgraded
operated and maintained to avoid, remedy or mitigate any actual or potential adverse
effects on the environment.
3.3.5
Policy
Encourage the use of roads as network utility corridors in accordance with the National
Code of Practice for Utility Operators’ Access to Transport Corridors.
The applicant has undertaken a comprehensive assessment of the proposal against the relevant
objectives and policies of the District Plan in Appendix N of the application, which is adopted for the
purposes of this assessment. Overall it is considered the proposal provides a necessary infrastructure
upgrade to manage flooding issues around central Porirua and the effects of the utility works are
considered to be acceptable.
I therefore consider that the development is consistent with the above Objective and Policies.
6.3
Part 2 assessment
Part 2 (sections 5, 6 and 7) of the Act sets out the purpose and principles of the legislation, which as
stated in section 5, is “Avoiding, remedying, or mitigating any adverse effects of activities on the
environment”, section 7(c) “The maintenance and enhancement of amenity values” and section 7(f)
“The maintenance and enhancement of the quality of the environment”.
In addition, Part 2 of the Act requires the Council to recognise and provide for matters of national
importance (section 6); have particular regard to other matters (section 7); and to take into account the
principles of the Treaty of Waitangi (section 8).
In respect of the above, the following sections of Part 2 are considered of particular relevance:
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▪
Section 6(e) identifies that the relationship of Maori and their culture and traditions with
their ancestral lands, water, sites waahi tapu and other taonga of is a matter of national
importance.
▪
Section 6(h) the management of significant risks from natural hazards
In respect of section 6(e), the application takes place adjacent to a statutory acknowledgement identified
in the Porirua City District Plan. The applicant proposes to establish an accidental discovery protocol
and has gained the approval of iwi. Accordingly, it is considered that section 6(e) considerations are
met.
The proposal is considered to assist with the management of significant risks from natural hazards
(section 6(h)). For the reasons outlined in this report, it is considered that the proposal meets the
relevant sections of Part 2 of the Act.
6.4
Comments from Other Departments
This application has been circulated for comment to Council’s Landscape Architect, Council’s
geotechnical advisor, and Parks and Gardens. GWRC flood engineers are also reviewing the proposal
for the GWRC resource consent application. Comments from advisors have been incorporated into the
assessment, and relevant conditions.
7 .
C O N C L U S I O N
The earlier analysis has established:
• The environmental effects, adverse or otherwise, of allowing the activity to proceed will be less than
minor and acceptable.
• The proposal is generally consistent with the relevant objectives and policies of the Porirua City
District Plan.
In addition, an assessment of the proposal in terms of any relevant provisions of a national policy
statement, the New Zealand Coastal Policy Statement, a regional policy statement and Part II of the
Resource Management Act, has been carried out. It is concluded that the proposal would not be
inconsistent with any of these instruments. Additionally, there are no other matters relevant to this
application.
On the above grounds, it is therefore recommended that the Senior Resource Consents Planner, grant
consent to the resource consent application.
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8 .
R E C O M M EN D AT I O N
That the application by
GHD Ltd on behalf of Wellington Water Ltd to undertake stormwater upgrade
works comprising of:
Landuse consent for earthworks to construct a wetland at Elsdon Park, flood protection earth bunds
at Ngatitoa Street and Porirua School and works associated with stormwater network pipeline upgrades
at:
• 1 Awarua Street
(Pt Mahinawa 1A), 2 Awarua Street
(Sec 99 Blk I Belmont SD), 22 Awarua
Street and
Road Reserve along Awarua Street, Porirua;
• Titahi Bay Road, Porirua
(Road Reserve);
• Strip of land adjacent to Titahi Bay Road, Porirua (PCC)
(Lot 3 Deposited Plan 464327) • Tutuira Place, Porirua
(Road Reserve)
• 9 Tutuira Place, Porirua
(Lot 2 Deposited Plan 464327) • 10 Titahi Bay Road, Porirua
(Lot 1 Deposited Plan 348171)
• Wii Neera Drive, Porirua
(Road Reserve); • Porirua School
(Pt Mahinawa 1A, Pt Urukaika Blk SO 26037);
• Mana College
(Sec 3073 and Pts 1C2B, 1C1, 1B, 1A, Mahinawa Blk Pts D1A1B4, D1A2A,
D1A2B, E2 and Pt 104 DP 19070, Takapuwahia Blk)
• Elsdon Park -
PCC Recreation Reserve (Section 99 Block I Belmont Survey District, Section 2
SO 38131);
be considered as a non-notified application under sections 95A, 95D and 95E and for a Discretionary
Activity pursuant to sections 104, 104B, 108, 108AA and 220 of the Resource Management Act 1991;
and;
Land use consent under the National Environmental Standard for Assessing and Managing
Contaminants in Soil to Protect Human Health
(NESCS), as a Controlled Activity:
be GRANTED for the following reasons:
1. Pursuant to section 95A and 95B of the Act, there are no mandatory requirements in the Porirua
City District Plan (the District Plan) to notify the application, the effects of the proposal on the
environment will be minor or less and there are no affected persons.
2. There are no special circumstances.
3. Pursuant to section 104 of the Act, the effects of the proposal on the environment will be less
than minor.
4. The proposal is in accordance with the relevant objectives and policies of the District Plan, and
Part 2 of the Act.
That this consent be subject to the conditions set out in section 1 above.
9 March 2020
Reporting Planner
Baylee Pakau, Urban Edge Planning Ltd
Decision of Council
That consent be granted and be subject to the conditions specified in the above recommendation.
10 March 2020
Olivia Campbell
Date
SENIOR PLANNER RESOURCE CONSENTS
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THE APPLICANT IS TO NOTE:
Section 357
Under section 357 of the Resource Management Act 1991 you have the right to object in writing to all or part of
this decision. Notice of this objection must be received by the Council within 15 working days of your receipt of
this decision letter.
Building Act
This is NOT a Building Consent. The Building Act 2004 contains provisions relating to the construction, alteration,
and demolition of buildings. The Act requires building consents to be obtained where relevant, and for all such
work to comply with the building code.
Section 125
This consent is subject to section 125 of the Resource Management Act 1991 which states that a resource consent
lapses on the expiry of 5 years after the commencement of the consent, unless an extension on time is granted by
the Council prior to lapsing of the consent. In this instance a 10 year consent has been approved pursuant to
section 116 (1A)(b) of the Act.
Traffic Management Plan
If the intended work that is covered by this consent includes any activities within the road reserve, then a Temporary
Traffic Management Plan is to be prepared by a person who is certified in accordance with 'Temporary Traffic
Management for Local Roads – Supplement to NZTA COPTTM', and submitted to the Roading
Administration Officer – City & Community Infrastructure for review and approval before any physical works within
the road reserve are started.
Fees and charges
Should any additional fees charged for the processing of this application or any financial contributions, levies or
bonds required by conditions of this consent not be paid within the deadlines set either through invoicing or consent
conditions, this could ultimately lead to Council seeking to recover money owed through the debt collection agency.
Should the need arise to use a debt collection agency then the consent holder will be liable for and charged any
extra expense that the debt collection service incurs.
P o s t C o n s e n t G r a n t e d C h a r g e s
In accordance with Council’s Fees & Charges, the Council will be recovering costs from the consent holder
associated with time spent on resource consent related work after a resource consent has been granted and in the
case of subdivision before Section 224 RMA certification is applied for. Further information on this can be found
in
Note
9
within
the Fees
&
Charges
that can
be accessed
on
the
Council
website
poriruacity.govt.nz/services/building-consents/resource-consents/#notes
P r i v a t e C o v e n a n t s
This resource consent does not excuse you of any legal obligations that you may have to comply with any private
(non-Council related) covenants that apply to your property. If there are any Private Covenants relevant to your
property these will be listed on your Computer Freehold Register (formerly known as a Certificate of Title). These
covenants may place restrictions on developments and activities that can be undertaken on your property. Please
check your computer freehold register and the content of any covenants to see if there are any restrictions relevant
to your proposal. Copies of your Computer Freehold Register and any private covenants that may apply can be
obtained through Land Information New Zealand.
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