isite Ltd Retrospective Billboard 83 Victoria St, Christchurch City

Transcription

1 isite Ltd Retrospective Billboard 83 Victoria St, Christchurch City Resource Consent Application to Christchurch City Council September 2013

2 isite Ltd Retrospective Billboard 83 Victoria Street Christchurch Prepared by: Resource Management Group Level 4, 69 Cambridge Terrace Melanie Foote P O Box 908, Christchurch Consultant Planner Box Lobby Christchurch 8140 RMG Ltd Reviewed by: Graham Taylor Director RMG Ltd Approved for Release by Frank Costello National Commercial Manager ISite Ltd 27 September 2013 Status: Final Reference: IS009 Resource Management Group Limited PO Box 908, Christchurch Box Lobby Christchurch, 8140

3 APPLICATION FOR RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 TO: CHRISTCHRUCH CITY COUNCIL 1. isite Ltd apply for the land use consent described below. 2. A description of the activity to which the application relates is: Retrospective consent is sought to erect a wall mounted billboard of 144m 2 in area on the north facing wall of a new building that has nearly been completed at 83 Victoria Street. 3. The legal descriptions and names of the owners of land to which the application relates are as follows: Owner: Address: Victoria 83 Limited Legal description: Lot 3 & 4 DP Total site area: m 2 83 Victoria Street and 41 Peterborough Street A copy of the Certificate of titles are contained in Appendix One. 4. The location of the proposed activity is as follows: The site is located at 83 Victoria Street and 41 Peterborough Street. The extent of the application site and approved building plans are contained in Appendix Two. 5. No other RMA consents are required in relation to the activity. 6. In accordance with the Fourth Schedule of the Resource Management Act 1991, please find attached an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment. 7. The lodgement fee should be invoiced directly to the applicant at the below address for billing. i

4 Melanie Foote Consultant Planner Resource Management Group Limited On behalf of ISite Ltd June 2013 Graham Taylor Director Resource Management Group Limited Address for Service: Address for Monitoring and Billing: ISite Ltd ISite Ltd C/- Resource Management Group Limited C/- Frank Costello PO Box 908 P O Box 4145 Christchurch Box Lobby CHRISTCHURCH CHRISTCHURCH 8140 Attention: Melanie Foote Phone: (03) melanie@rmgroup.co.nz COUNCIL CHARGES: Resource Management Group accepts no liability for any Council costs or charges. All such invoices are to be sent to the Applicant s address for billing. ii

5 TABLE OF CONTENTS 1 INTRODUCTION THE SITE AND SURROUNDING ENVIRONMENT... 1 THE APPLICATION SITE... 1 SURROUNDING ENVIRONMENT... 1 CENTRAL CITY BUSINESS ZONE DESCRIPTION OF PROPOSED ACTIVITY DISTRICT PLAN COMPLIANCE ASSESSMENT... 4 COMPLIANCE ASSESSMENT STATUTORY CONSIDERATIONS... 6 DUTIES AND RESTRICTIONS UNDER THE RMA... 6 CONSIDERATION OF APPLICATION ASSESSMENT OF ENVIRONMENTAL EFFECTS... 7 RECEIVING ENVIRONMENT... 7 CHARACTER, AMENITY VALUES AND STREETSCENE... 8 EFFECTS ON TRANSPORTATION... 9 SOCIO ECONOMIC WELLBEING... 9 OVERALL CONCLUSION ON EFFECTS POLICY ASSESSMENT OUTDOOR ADVERTISEMENTS D THRESHOLD TEST PART 2 MATTERS CONCLUSION iii

6 ANNEXURE: ASSESSMENT OF EFFECTS ON THE ENVIRONMENT (CONTAINING THE FOLLOWING APPENDICES) Appendix One: Appendix Two: Appendix Three: Appendix Four: Certificate of Title. Approved Building Plans and Site Plan Plans Visual Assessment View 1 View 2 View 3 View 4 iv

7 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 1 INTRODUCTION 1.1. ISite Ltd (the Applicant) seeks retrospective resource consent to erect a wall mounted billboard. The billboard has an area of 144m 2 (18m x 8m) and is at a height of approximately 23.6m from ground level. The billboard will be externally illuminated. The building to which the billboard will be affixed has recently been constructed. The approved plans for the building are attached in Appendix Three The advertisement displayed on the billboard will have no immediate relationship to the building, site or activity at the site To facilitate the display of advertisements on the proposed billboard, retrospective resource consent is sought under Part 10 Rule 3.4.1(c))(i) and (ii), Rule 3.5.1(b)(i) of the Christchurch City Plan, for the display of outdoor advertisements which breach the maximum area, height requirements and site relationship Refer to Appendix Three for copies of the relevant plans This Assessment of Effects on the Environment is provided in accordance with the Fourth Schedule of the Resource Management Act 1991 (herein the RMA). 2 THE SITE AND SURROUNDING ENVIRONMENT The Application Site 2.1 The site is located at 83 Victoria Street, legally described as Lots 3 & 4 DP The site has frontage to both Victoria Street and Peterborough Street however the sign is located on the northern elevation of the building fronting Victoria Street. Refer to Appendix One for a copy of the Certificates of Title. 2.2 A six story commercial building is near completion. The approved plans for the building are attached in Appendix Two. The building has a height of 24.1m. Surrounding Environment 2.3 The surrounding area suffered substantial damage from the earthquakes with a large number of buildings being demolished. A number of new buildings are currently under construction with a range of mixed land use activities such as retail, offices, cafes and restaurants. 2.4 Victoria Street south of Salisbury Street is classified as a Local Road in Council s roading hierarchy. 2.5 It is understood that Victoria Mansions, a Grade 3 listed building will be demolished in the future. The Grade 2 Listed Victoria Clock Tower is being repaired and will be retained. 2.6 At present there are still existing comparable billboards on existing buildings in the locality, including the large south facing billboard at 104 Victoria Street. The future of the building is Page 1

8 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council uncertain, and it is likely that it will be demolished. Existing Environment Pre Earthquakes 2.7 The surrounding environment pre-earthquakes was a vibrant mixed use area. A number of existing billboard advertisements were located in the surrounding area similar to what is proposed under this application and are described below. 104 Victoria Street: 2 large wall mounted billboards, one located on the northern wall and the other located on the southern elevation of the building. The south facing sign is still on site, although the building is likely to be demolished. 78 Victoria Street contained a large single sided billboard fronting north (former Asko building opposite application site. 335 Durham Street, 97.5m 2 billboard on side of Copthorne hotel. 183 Victoria Street, 18m 2 south facing billboard 2.8 It is notable that the large signs at 104 Victoria Street and 335 Durham Street were approved by way of resource consents under the same signs rules as exist presently. Central City Business Zone 2.9 The site is zoned Central City Business in the City Plan. This zone encompasses the subject site and those properties fronting Victoria Street to the north and south. The Central City Business zone is the economic focus of business, tourism and other activities in the city. This zone provides for the greatest range, scale and intensity of business activities in a location well suited to such a role. Page 2

9 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 3 DESCRIPTION OF PROPOSED ACTIVITY 3.1 The wall mounted billboard is 18m x8m with an area of 144m 2 located on the northern facing walls. The edge of the billboard is located 500mm from the eastern edge of the building. The billboard is externally illuminated and located on the northern elevation of the building at a height of 23.6m above ground level (500mm below the parapet). 3.2 The billboard would advertise non site related material although presently the building owner will use the billboard for site related content. Page 3

10 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 4 DISTRICT PLAN COMPLIANCE ASSESSMENT 4.1 The Christchurch City Plan ( the City Plan ) was made operative on 21 November There are no outstanding variations or appeals to the City Plan that are relevant to the application. There is no other district, national or regional plans applicable to the application. For that reason, the application need only be assessed under the provisions of the City Plan. Compliance assessment 4.2 Table 1 below provides an assessment of the relevant outdoor advertisement requirements ( Part 10 Heritage and Amenities Outdoor Advertisements): Rule Discussion Compliance Development Standards Rule 3.4.1(c)(i) Area and Number Rule 3.4.3(b)(i) Height Rule Illumination Rule Projecting Displays Rule Architectural Features Rule Traffic Safety Rule Critical Standards Rule Relationship to the Site. The maximum total area of signage shall be 5m 2 or 10% of site frontage. The maximum height of any signage shall be 6m No intermittent or flashing light. Shall not project more than 60mm from the face of the building. N/A Shall not obscure or confuse traffic signals. Shall not necessitate the removal of landscaping Advertising shall only relate to the building, site, or activity on the site. The advertising will have no immediate relationship to the site. The site is vacant. No Proposed cumulative area of signage is 144m 2. No. The billboard height will exceed 6m. Yes Yes Yes Yes No Page 4

11 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council Rule moving, flashing or reflective material. Shall not involve flashing, moving or reflective material. Yes 4.3 Overall, resource consent is required for a non-complying activity. Page 5

12 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 5 STATUTORY CONSIDERATIONS Duties and Restrictions under the RMA 5.1 Sections 9 to 23 of the RMA set out the duties and restrictions relating to activities in terms of consenting authorities. These sections provide the basis for which consent in this application is sought. Of relevance to this proposal is Section 9 (restrictions on use of land). 5.2 Section 9 of the RMA sets out that any use of land may not proceed in a manner that contravenes a: national environmental standard; regional rule; or district rule. unless expressly allowed by a resource consent or by Sections 10, 10A or 20A of the RMA. 5.3 The proposed activity is not allowed by any national environmental standard or other regulations and, as outlined above, it does not meet a number of standards in the City Plan. The proposal requires resource consent and shall be assessed in accordance with the following provisions of the RMA. Consideration of Application 5.4 Section 104(1) of the RMA sets out the matters which must be considered by a consent authority in considering applications for resource consent. It is considered that in this instance, regard shall be had to: any actual and potential effects of allowing the activity (section 104(1)(a)); any relevant objectives, policies, rules, or other provisions of a national environmental standard, other regulations, a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, a plan or proposed plan (section 104(1)(b)); and any other relevant matters reasonably necessary to determine the application (section 104(1)(c)). 5.5 Section 104D is the relevant statute for a consent authority when assessing a non-complying activity. In respect to the current application, Section 104D states: A consent authority may grant a resource consent for a non-complying activity only if it is satisfied that either - (a) The adverse effects of the activity on the environment will be minor; or (b) The application is for an activity that will not be contrary to the objective and policies of the relevant plan. 5.6 Should consent be granted, the Consent Authority may impose conditions under Section The assessment of the actual and potential effects is set out below in section 6, and an assessment of relevant Objectives and Policies follows in section 7. Page 6

13 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 6 ASSESSMENT OF ENVIRONMENTAL EFFECTS 6.1 Section 88 of the RMA requires the applicant to undertake an assessment of any actual or potential effects on the environment that may arise from a proposal, and the ways in which any adverse effects may be avoided, remedied or mitigated. 6.2 The actual and potential effects likely to arise from the two billboards are considered to be the effects on the heritage fabric, character, amenity and streetscene, effects on transportation and effects on socioeconomic wellbeing. These effects are considered below. Receiving Environment 6.3 The receiving environment prior to the earthquakes comprised existing large scale advertisements such as those listed earlier. 6.4 The proposed billboard is not considered to be out of character, detract from the visual amenity or streetscene as they are similar to the receiving environment that existed prior to the earthquakes. 6.5 The receiving environment is evolving as new buildings are constructed to replace those demolished after the earthquakes. The area will eventually return to a vibrant mixed use area with varying building scales and associated advertisements. Heritage Fabric 6.6 The site is close to the Grade 2 listed Victoria Clock Tower and Grade 3 Listed Victoria Mansions. It is understood the Victoria Mansions are soon to be demolished therefore no further consideration will be given to any potential effects on this protected building. 6.7 With regard to the Victoria Clock Tower the proposed height of the billboard and distance of some 70 metres to the south the billboard is unlikely to form a backdrop behind the clock tower but rather be viewed to the left of the tower. The only views of the billboard will be from traffic heading south along Victoria Street. Further a new building will likely replace Victoria Mansions and likely to be of a similar scale forming a partial backdrop behind the clock tower in the future. 6.8 Overall any effects in this regard are considered to be less than minor. Visual Assessment 6.9 Visual perspectives have been taken from a number of locations both before the billboard was erected and after it was erected. View 1 has an advertisement example superimposed along with the bulk of the buildings under construction on the eastern side of Victoria Street View 1: has been taken from the north side of the intersection with Salisbury Street looking south at the site. The likely bulk of a future building is shown below the proposed billboard in grey. However we are not aware of any plans to develop this adjoining site yet so what has been superimposed is purely hypothetical. Any building is not likely to be more than 3-4 stories given the size of the adjoining site. The billboard will be visible above any proposed building on this site as viewed from the north. Views of the billboard will diminish as you get Page 7

14 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council closer to the site (assuming a new building is constructed on the adjoining site to the north) View 2: has been taken from the west side of Victoria St close to the intersection with Salisbury Street. The billboard will be partially obscured from view by Victoria mansions and any future replacement building. A replacement of Victoria Mansions is likely to be of a similar or larger scale so is likely to continue to partially obscure the billboard View 3: has been taken from the western side of the intersection of Salisbury St with Victoria Street. The majority of the billboard will be obscured from view by Victoria Mansions and or any subsequent replacement building. As drivers head east the views will increase although drivers are unlikely to be looking towards the billboard if heading east View 4: has been taken just north of the eastern side of the intersection with Salisbury St. A new building is proposed on the site where the cars are parked which will screen the billboard in its entirety View 5: has been taken from the northern side of Salisbury Street not far from the intersection with Victoria Street. The billboard will ultimately be fully obscured by new buildings as the sites on the southern side of Salisbury St are redeveloped and the remainder of the sites opposite 83 Victoria Street are developed. There may be a glimpse view from the north side of Salisbury St however the scale of the proposed buildings on Victoria Street are likely to obscure any view Overall given the limited viewing catchment for the billboard any visual effects are considered to be no more than minor. Character, Amenity Values and Streetscene 6.16 The City Plan seeks to ensure that outdoor advertisements are appropriate to the character of the receiving environment and do not detract from the amenity values or streetscene. This is particularly the case where advertisements are located in or adjacent to residential areas, public open space, heritage items or any sensitive natural areas In this case the receiving environment is Victoria Street and the site is not in close proximity to any residential area. The character of the receiving environment is dominated a by a number of construction sites as buildings are redeveloped post-earthquake. A mixture of retail, business, office, cafes and restaurants will dominate the area. Both existing and proposed buildings are of varying scales some single story and others such as the subject building are large in scale at six stories in height. The area comprises varying scales of signage, advertising and colours typical of such a vibrant commercial environment The billboard is located on a bland concrete tilt slab wall with no architectural features. The billboard does not obscure any architectural features of the building but rather enhances what would otherwise be a bland blank wall. Further due to the small size of the immediate adjoining site it is likely only a small scale building will be constructed leaving a large area of blank concrete wall exposed The subject and design of the advertisements displayed will vary in nature depending on the goods, services or events being promoted. Inherently, the advertisements will change over time, and is likely to contribute to the vibrancy of the surrounding area. Adverse effects regarding the content of the advertisement are controlled through the Advertising Standards Authority Code of Practice It is noted that the Central City will not feature large buildings therefore limiting the areas that can actually display billboards and the proliferation of billboards. Page 8

15 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 6.21 In summary, it is considered that the billboard is consistent to the receiving environment that existing prior to the earthquakes, consistent with the scale of the building on which it will be located and will not detract from the heritage fabric of the clock tower and any effects in this regard are considered to be less than minor. Effects on Transportation 6.22 Victoria street south of Salisbury Street is classified as a local road in Councils roading hierarchy. Outdoor advertisements, because of their purpose to attract attention, can give rise to driver distraction which in turn compromises safe and efficient movement. The City Plan identifies that this is particularly the case where an advertisement is not related to the site, building, or activity on site Given the billboard is located on the 6 th story of the building the size is necessary so that the billboard advertising material is easily readable to users of Victoria Street The billboard is visible from traffic heading south along Victoria Street only. The billboard will not obscure or confuse traffic signals, will not have any moving parts or flashing lights which can result in driver confusion Given this, it is considered that the billboard does not result in driver distraction, obstruct visibility, or present a physical hazard and in turn will not compromise the safety and efficiency of the roading network. Socio Economic Wellbeing 6.26 The billboard is a commercial activity and will compliment the general character of the wider business zoning of the area. The dynamic nature of the billboard advertising will continually contribute to the vibrancy of the surrounding environment Further, billboards can provide for the social wellbeing by providing those goods, services or events which do not have a physical base in the city with an advertising avenue. It can also provide a forum for public or civic notices to promote the greater good such as road safety messages. Overall Conclusion on Effects 6.28 In summary, it is considered that the billboard is not out of character with the receiving environment and does not detract from the visual amenity, heritage fabric or streetscene of the area. The billboard will contribute to the vibrancy and vitality of the area. With regard to the road network, the billboard does not compromise the safe efficient movement of vehicles. On this basis any effects are considered to be no more than minor in terms of the RMA. Page 9

16 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 7 POLICY ASSESSMENT 7.1 In the following section the proposal is assessed in relation to the relevant policy framework of the Christchurch City Plan ( the City Plan ). Outdoor advertisements Objective 4.4. the provision for outdoor advertisements, whether temporary or otherwise, that does not detract from the amenity values, does not have a detrimental impact upon the natural and built heritage values, nor cause potential danger to public safety. 7.2 Given the nature of the receiving environment prior to the earthquakes advertising in the surrounding area comprised similar billboards and varying scales of advertising. The billboard is not considered to detract from the amenity values of the surrounding area or the heritage fabric of the Victoria Clock Tower. The billboard is considered to be consistent with the nature of advertising in the wider environment. 7.3 With regard to public safety, the billboard does not have any moving parts or having any flashing or moving parts. It will also not confuse drivers in terms of traffic signals or obscure any signs or physical hazards. Policy 4.4.1: To ensure that the scale and extent of outdoor advertising, whether temporary or otherwise, s appropriate to the character of the receiving environment and dos not detract from the amenity values of that environment. 7.4 The scale of the advertising is similar to that which existed in the surrounding area prior to the earthquakes. The size of the billboard is considered to be in character with the scale of the building on which it will be located and the surrounding commercial area and unlikely to detract from the amenity values of the surrounding area. Policy 4.4.2: To ensure outdoor advertising whether temporary or otherwise: i. does note have the potential to confuse or distract motorists, particularly in proximity to intersections and other complex traffic environments; ii. does not obstruct roads or footpaths, or create a hazard to vehicles, cyclists or pedestrians; iii. in the case of captive balloons, does not create a hazard to traffic or aviation. 7.5 The billboard is not considered to confuse or distract motorists. The billboard is at sufficient height to not interfere with traffic signals and is of a size which will allow the content of the sign to be easily read by users if Victoria Street. The billboard will not have any moving parts or be intermittently lit or flash aspects which will cause driver distraction. The billboard Page 10

17 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council will not involve the use of captive balloons and will not create any physical hazard or obscure any traffic sign or signal. Policy 4.4.3: To ensure that the presence, scale and placement of outdoor advertising, whether temporary or otherwise, does not detract from: i. Heritage values; ii. The integrity of important open spaces; iii. Areas possessing significant natural values. 7.6 There billboard is not considered to detract from the heritage values of the Grade 2 protected Victoria Clock Tower given the height and distance of the billboard from the tower, the viewing angle and the likely rebuild of a future building on the site of the soon to be demolished Victoria Mansions 7.7 Based on the above assessment, it is considered that the billboard will not be contrary to the relevant objectives and policies of the City Plan Page 11

18 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 8 104D THRESHOLD TEST 8.1 A consent authority may only grant an application for a non-complying activity if it is satisfied that: the adverse effects of the activity on the environment will be minor; OR the application is for an activity that will not be contrary to the objectives and policies of the relevant plan. 8.2 Based on the above assessment of environmental effects (section 6) and the relevant objectives and policies (section 7): any environmental effects will be no more than minor; and the proposal will not be contrary to the relevant objectives and policies. 8.3 It is considered that the proposal satisfies both legs of the s.104d test and the consent authority may consider granting the application. Page 12

19 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 9 PART 2 MATTERS 9.1 Section 5 of the RMA sets out that the purpose of the Act is to promote the sustainable management of natural and physical resources. It requires activities to be managed to meet the foreseeable needs of future generations, to safeguard the life supporting capacity of air, water, soil and ecosystems and to ensure that the adverse effects on the environment are avoided, remedied or mitigated. 9.2 Section 6 of the RMA sets out the Matters of National Importance which Consent Authorities shall recognise and provide for. There are no Matters of National Importance directly relevant to the billboards. 9.3 Section 7 sets out Other Matters to which consent Authorities shall have particular regard. The Other Matters relevant to the proposed billboard are as follows: (b) the efficient use and development of natural and physical resources. (c) the maintenance and enhancement of amenity values (f) maintenance and enhancement of the quality of the environment 9.4 The billboard is considered to be an efficient use of the site as it will provide for a commercial activity within a business zone. The billboard will not detract from the amenity of the area or the receiving environment and it will create a visual interest and contribute to the vibrancy and vitality of the area. 9.5 Overall it is considered that the billboard will be consistent with the Purpose and Principals of the RMA. Page 13

20 ISite, June 2013 Proposed Billboard - Resource Consent Application to Christchurch City Council 10 CONCLUSION 10.1 In conclusion, the applicant is seeking retrospective consent for a wall mounted 144m 2 billboard. To facilitate this, resource consent is required for a non-complying activity for the display of outdoor advertisements which breached the maximum area and height requirements and does not relate to the building or site Pursuant to Section 104D of the RMA, the application demonstrates that the adverse effects of the activity will be no more than minor and the activity will not be contrary to the objectives of the City Plan. The billboard therefore passes both gateway tests under the RMA and Council can have confidence in approving the application. Page 14

21 APPENDIX ONE

22 APPENDIX TWO

23 APPENDIX THREE

24 APPENDIX FOUR

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29 View 1

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31 View 2

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33 View 3

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35 View 4

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37 View 5

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