Resource Consent Application (RM180178) 250 Westminster Avenue, Parklands, Napier

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1 23 October 2018 Infrastructure Services, Napier City Council C/- Sara Field 231 Hastings Street Napier 4110 Dear Sara Resource Consent Application (RM180178) 250 Westminster Avenue, Parklands, Napier Consideration has been given to your application for resource consent. I advise you that your application to undertake earthworks to form the building platform for the HBRU building complex in the Park Island Northern Sports Hub, at 250 Westminster Avenue, Parklands, Napier being Lot 2 DP (CFR ) was non-notified having considered sections 95A to 95F of the Resource Management Act 1991, and is granted consent pursuant to Sections 104, 104B and 108 of the Resource Management Act Please note that pursuant to Section 125 of the Act the above activity must be established within 5 years from the date of notice of this decision, otherwise this consent will be deemed to have expired. Relevant Statutory Provision (a) Operative City of Napier District Plan (November 2011), (b) Sections 95A-F, 104, 104B and 108 of the Resource Management Act 1991, (c) National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 (NES), including that the piece of land is a HAIL site. Reasons The reasons for making this decision and the conditions imposed are as follows: (a) (b) The adverse effects of the proposal on the surrounding environment are not considered to be any more than minor subject to the conditions of consent. Council is satisfied that no person will be adversely affected by the proposal under the RMA tests and subject to the conditions of consent. (c) The amount of earth to be moved to site is a permitted activity. The site is hectares and under the District Plan a maximum of 36,829m 3 of earthworks are permitted per year. Applying the 50% volume reduction due to fill being imported to site, the total permitted baseline amount is 18,414m 3 per year.

2 (d) (e) (f) The proposed earthworks to create a building platform for the future HBRU building complex is consistent with the intent of the Sports Park Zone and the Northern Sports Hub in the Park Island Master Plan. The soils on site have been tested and assessed by a SQEP as part of a DSI, the soils to be removed are compliant and below the most stringent levels of the NESCS. The proposal does not present a risk to human health. The proposal is considered acceptable in regard to the objectives and policies of the District Plan and unlikely to compromise the principles and purpose of the Resource Management Act RM Conditions 1) That the development shall be undertaken in substantial compliance with the application details and with the plans (Drawn by NCC Infrastructure Services, dated 26/9/2018) submitted with the application (RM180178). The total amount of earthworks expected by the calculations provided with the application are: Undercut existing topsoil and remove from site 2,000m 3 Subgrade construction (imported fill) 10,000m 3 (Imported fill is Silt from HBRC Site) Sub base construction 2,000m 3 Total potential earthworks up to 15,000m 3. See advice note (b) for guidance on substantial compliance. Noise 2) All noise generated shall comply with the Napier District Plan (refer section 57), and except as provided for by the range and hours of operation permitted by NZ Standard NZS6803:1999 Acoustics Constructions noise. In particular the maximum range provided for significant noise shall be adhered to between the hours of 6.30am 8pm weekdays and 7.30am 6pm Saturdays. Any noise generating activity on site outside of these hours can only occur if they comply with the noise levels permitted. Where works are required outside hours, testing results by an appropriately experienced person can be submitted to, and to the satisfaction of, the Team Leader Resource Consents, Napier City Council immediately. If there is any noncompliance out-side of hours, the on-site activity creating the exceedance shall stop until provided for by NZS6803:1999. Transport Management Plan (TMP) & Construction Management Plan (CMP) 3) That prior to operations, a Transport Management Plan and Construction Management Plan shall be prepared by a suitably qualified and experienced professional, and submitted for certification by the Team Leader Resource Consents, Napier City Council. Once certified, operations may then occur. The TMP and CMP shall be prepared in general accordance the NCC Contract Documents (Contract 1204 Revision 42 included with the application), and include and confirm the final details and controls of the following:

3 a) The TMP shall: i. Cover all stages and aspects of the contract works (including defects liability periods) which could directly or indirectly affect traffic and/or pedestrians; ii. Take into consideration periods of maximum traffic and/or pedestrian flows; iii. iv. Show safe and convenient passageways for pedestrians and cyclists; Ensure that disturbance to road users (including pedestrians) is kept to an absolute minimum; v. Specify: (subject to approval) Details of the intended traffic and/or pedestrian control, including detours and/or by-passes to be used (and, where appropriate, the layout of such detours and by-passes); Anticipated times during which any road or part thereof will be closed to traffic and/or pedestrians; Signs and barricades to be used for traffic control purposes; b) Hours of operation for all works required (noting the controls in condition 2); c) Any on site storage/stock piling/screening of top soil, earth, fill or any other construction materials where required; d) Control of dust, including all practicable measures to minimise that wind born dust is not able to be deposited outside the site boundaries; e) Any sediment/erosion control measures required, including that any runoff into a council reticulated network or any drainage network shall not cause any conspicuous change in colour or visual clarity of water after reasonable mixing, and including as necessary, any sump protection measures; f) Re-grassing, including that all areas of earthworks shall be re-grassed as soon as practical and/or within 4 months of the completion of earthworks, to the satisfaction of the NCC Team Leader Resource Consents (or NCC nominee), outside of the area to be developed for the HBRU complex; g) That the building platform area intended for the HBRU complex shall be regrassed, to the satisfaction of the NCC Team Leader Resource Consents (or NCC nominee), if the HBRU building complex is not started to be built within 12 months of the building platforms being completed; h) Repairs of any damage to footpaths, roads, and any other public infrastructure resulting from operations; i) Tracking of Soil and Debris onto the roading network shall be prevented and mitigated as appropropriate. There needs to be contingency options to remedy problems if soil is inadvertently deposited onto the road: Prevention The key to avoiding dirt and mud tracking onto the road is to ensure that earthworks are undertaken when the soil is dry (i.e. avoiding wet weather periods). However given the tight timeframes of this project, it may not be possible to halt earthworks while weather improves. Mitigate A rumble grid can be installed to open treads of tyres so as not to track mud onto road. This would be one method to avoid dirt from being tracked onto the road reserve. If mud does become an ongoing issue, then other alternative options will need to be investigated (such as a tire wash station) and implemented to remediate this issue.

4 Geotechnical Remedy In the case that mud/dirt is tracked onto the road then it will be the responsibility of the Site Manager to ensure it is cleaned to a reasonable state as soon as practicable, as well as a final check and clean at the end of each work day. j) Any contingency plans if works are running behind schedule as the construction deadline approaches; k) Prior to any on site operations commencing, how and when the applicant shall share information with nearby residents on the work programme. This shall include as a minimum, communications with the properties at 2, 4, 6, 8, 10, 12, 14, 16, 18 Orotu Drive, 5/23 Durham Avenue, and 251, 249A, 249B, 247, 245, 243, 241, 239, 237, 1/235 Westminster Avenue. This shall provide details of the resource consent conditions, the proposed/approved TMP and CMP, methods of compliance, and the details of a contact person during all operations; l) Setting up a suitable process of monitoring the conditions of consent, and meeting the requirements of condition 5 in particular; m) That the final locations of any of the removed soils are confirmed and that wherever this is, the soil can be suitably stabilised, and; n) Any other methods of compliance required, in particular with the conditions of the resource consent. 4) The consent holder shall engage a Chartered Professional Engineer (CPEng) with specialist geotechnical skills and experience to certify the engineered fill used and provide a copy of that certification to the Council. Monitoring 5) Monitoring for compliance with all the conditions of consent shall be undertaken by the applicant, to the satisfaction of the Team Leader City Resource Consents, Napier City Council. This monitoring will be provided on an on-going basis during the period of works on a monthly basis at a minimum. Any non-compliance being detected shall be remedied as soon as possible and advised to the Team Leader City Resource Consents, Napier City Council as soon as it occurs. 6) That a monitoring deposit of $150 (including GST) shall be payable to cover the reasonable costs of monitoring compliance with the above conditions in accordance with Council's schedule of charges. In the event of non-compliance being detected by monitoring or justified complaint and/or the costs of monitoring consent exceeding the deposit, the costs to Council of any additional monitoring shall be paid by the consent holder in accordance with the Council's schedule of fees. Advice Notes (a) Except as otherwise allowed by this consent, the proposal must comply fully in all respects with the provisions of any relevant District or Regional Plan. That the proposal shall comply with, the Building Act 2004 and regulations and with the Code of Practice

5 for Subdivision and Land Development. All necessary consents and permits shall be obtained. (b) As a guideline, substantial compliance in regard to the total earthworks in condition 1 could allow for a margin of up to a further 10% of the total being 1,500m 3 being a grand total of 16,500m 3. This can be checked by the applicant with and at the discretion of the interpretation of the Team Leader Resource Consents, Napier City Council. (c) Monitoring of the resource consent should be undertaken proactively by the applicant, providing written confirmation and photographic evidence of compliance with each of the conditions. All monitoring records can be ed/sent to the Team Leader Resource Consents, NCC. (d) This property is not known to have been occupied prior to However any disturbance of land, or damage or destruction of any building or structure associated with human activity prior to 1900, may require an archaeological authority from Heritage New Zealand under the Heritage New Zealand Pouhere Taonga Act Please contact Christine Barnett at Heritage New Zealand for further information and if the presence of an archaeological site is suspected. (e) Evidence of archaeological sites may include burnt and fire cracked stones, charcoal, rubbish heaps including shell, bone and/or glass and crockery, ditches, banks, pits, old building foundations, artefacts of Maori and European origin or human burials. Work affecting archaeological sites is subject to a consent process under the Historic Places Act If any activity such as earthworks, fencing or landscaping, may modify, damage or destroy any archaeological site(s), an authority (consent) from the New Zealand Historic Places Trust must be obtained for the work to proceed lawfully. The Historic Places Act 1993 contains penalties for unauthorised site damage. If you do not agree with this decision or have any questions about it, I would be happy to discuss the reasons for this with you. If you wish to have the decision reconsidered would you please advise me as soon as possible and I will refer your application to the Hearings Committee for their consideration. There will be an additional fee of $1, toward the cost of the hearing payable on application. If I do not hear from you within fifteen working days it will be assumed that you accept this decision and it will be regarded as final. Please feel free to contact me should you have any queries concerning this matter. Recommended by: Shane Lambert Senior Resource Consents Planner Decision issued under Delegated Authority by: Paul O Shaughnessy Team Leader Resource Consents