DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL. NOTIFICATION UNDER s95 AND DETERMINATION UNDER s104 RESOURCE MANAGEMENT ACT 1991

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1 1 DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL NOTIFICATION UNDER s95 AND DETERMINATION UNDER s104 RESOURCE MANAGEMENT ACT 1991 Applicant: RM reference: Stewart & Melissa Mitchell RM Application: Application under Section 88 of the Resource Management Act 1991 (RMA) to change the use of an existing commercial building to a residential unit and associated changes to the external appearance of the building Location: Legal Description: Zoning: Activity Status: 1136 Glenorchy-Queenstown Road, Bob s Cove Lot 2 on Deposited Plan contained on Computer Freehold Register Rural Residential Non-complying Date 15 September 2016 SUMMARY OF DECISIONS 1. Pursuant to sections 95A-95F of the RMA the application will be processed on a non-notified basis given the findings of Section 6.0 of this report. This decision is made by Paula Costello, Senior Planner, on 15 September 2016 under delegated authority pursuant to Section 34A of the RMA. 2. Pursuant to Section 104 of the RMA, consent is GRANTED SUBJECT TO CONDITIONS outlined in Appendix 1 of this decision imposed pursuant to Section 108 of the RMA. The consent only applies if the conditions outlined are met. To reach the decision to grant consent the application was considered (including the full and complete records available in Council s electronic file and responses to any queries) by Paula Costello, Senior Planner as delegate for the Council. Queenstown Lakes District Council - Private Bag Queenstown Tel

2 2 1. PROPOSAL AND SITE DESCRIPTION Consent is sought to convert an existing building from a commercial gym to a residential unit and to undertake minor external alterations. The applicant has provided a detailed description of the proposal, the site and locality and the relevant site history in Section 1 of the report entitled Application under Section 88 of the Resource Management Act 1991 (RMA) for land use consent to convert an existing building which is consented to be used as a boxing gym, into a residential unit, with associated changes to the external appearance of the building, prepared by L M Consulting Limited, and submitted as part of the application (hereon referred to as the applicant s AEE and attached as Appendix 2). This description is considered accurate and is adopted for the purpose of this report with the following additions: Consent notice is registered on the title and refers to Lots 1-9, DP which were created as part of a previous subdivision (RM000764). Lot 3 was subsequently subdivided into Lots 1-3, DP as they exist today. Contrary to the AEE, consent notice remains on the title and still refers to the requirement to build within the building platform in condition 2. However, the building platform that was registered with consent notice is located on Lot 3 DP and there is no relevant building platform registered on the subject land. This particular condition is therefore considered to be irrelevant. 2. ACTIVITY STATUS 2.1 THE DISTRICT PLAN OPERATIVE DISTRICT PLAN The subject site is zoned Rural Residential and the proposed activity requires resource consent for the following reasons: A controlled activity resource consent pursuant to Rule (i) for the alteration of a building. Council s control is with respect to the location and external appearance of the buildings and associated earthworks, access and landscaping, to avoid or mitigate adverse effects on landscape and visual amenity values, nature conservation values and the natural character of the rural environment; and the provision of water supply, sewage treatment and disposal, electricity and telecommunication services. A discretionary activity resource consent pursuant to Rule (iv) for a proposal which breaches one more of the site standards. In this case the proposal involves a building within the internal boundary setback specified in Site Standard (ii). A non-complying activity resource consent pursuant to Rule (vii) for a proposal which breaches one more of the zone standards. Zone Standard (viii) states that in the Rural Residential Zone, there shall be only one residential unit on allotments less than 8000m 2 in area. In this case, the allotment has an area of approximately 4222m 2 and the proposal will result in a second residential unit. Overall, the application is considered to be a non-complying activity. 3. SECTION 95A NOTIFICATION The applicant has not requested public notification of the application (s95a(2)(b)). No rule or national environmental standard requires or precludes public notification of the application (s95a(2)(c)). The consent authority is not deciding to publicly notify the application using its discretion under s95a(1) and there are no special circumstances that exist in relation to the application that would require public notification (s95a(4)). V5_12/08/16 RM160680

3 3 A consent authority must publicly notify an application if it decides under s95d that the activity will have or is likely to have adverse effects on the environment that are more than minor (s95a(2)(a)). An assessment in this respect follows. 4. ASSESSMENT OF EFFECTS ON THE ENVIRONMENT (s95d) 4.1 MANDATORY EXCLUSIONS FROM ASSESSMENT (s95d) A: Effects on the owners or occupiers of land on which the activity will occur and on adjacent land (s95d(a)). 4.2 PERMITTED BASELINE (s95d(b)) The consent authority may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect. In this case all building works in the Rural Residential Zone require resource consent and as such there is no relevant permitted baseline. 4.3 ASSESSMENT: EFFECTS ON THE ENVIRONMENT Taking into account sections 4.1 and 4.2 above, the following assessment determines whether the activity will have, or is likely to have, adverse effects on the environment that are more than minor. The relevant assessment matters are found in Section 8 of the District Plan and have been taken into considered in the assessment below. The Assessment of Effects provided at section 4.3 of the applicant s AEE is comprehensive and is considered accurate. It is therefore adopted for the purposes of this report with the following additional comments: With regards to the breach of zone standard relating to residential density, the existing site environment already contains the building and the size will remain unchanged. The residential use is proposed to replace the existing commercial use and it is considered that this will likely diminish the intensity of the use of the building and reduce negative effects on surrounding residential amenity. Residential flats are an anticipated use in the Rural Residential Zone and although the building is defined as a residential unit, its size, scale and anticipated load on services are considered to be similar to those of a residential flat. In this case, it is therefore considered that the breach of residential density standards is not likely to lead to noticeable additional effects on the environment. However, it is considered to be appropriate to attach a condition to the consent which removes the ability to construct any residential flats in order to ensure that residential density is not raised further and that there are no further increases to the loads on services. The applicant has demonstrated that there is a suitable level of car parking available to the site at present which will satisfy the requirements of the District Plan. A suitable condition can be imposed which will ensure that adequate car parking spaces continue to be provided on site to service both residential units. Council s Resource Management Engineer, Mr Wardill, has provided comment on the proposal and has stated that he is satisfied that the use of the building can be adequately serviced by the existing water supply and that any necessary changes to plumbing can be dealt with by the building consent process. 4.4 DECISION: EFFECTS ON THE ENVIRONMENT (s95a(2)) Overall the proposed activity is not likely to have adverse effects on the environment that are more than minor. V5_12/08/16 RM160680

4 4 5.0 EFFECTS ON PERSONS Section 95B(1) requires a decision whether there are any affected persons (under s95e) in relation to the activity. Section 95E requires that a person is an affected person if the adverse effects of the activity on the person are minor or more than minor (but not less than minor). 5.1 PERMITTED BASELINE (s95e(2)(a)) The consent authority may disregard an adverse effect of the activity on a person if a rule or national environmental standard permits an activity with that effect. In this case the permitted baseline is found within section 4.2 above. 5.2 ASSESSMENT: EFFECTS ON PERSONS Taking into account sections 5.1 and 5.2 above, the following outlines an assessment as to whether the activity will have or is likely to have adverse effects on persons that are minor or more than minor: The Assessment of Effects provided at section 5 of the applicant s AEE, is comprehensive and is considered accurate. It is therefore adopted for the purposes of this report. 5.3 DECISION: EFFECTS ON PERSONS (s95b(1)) In terms of Section 95E of the RMA, no person is considered to be adversely affected. 6.0 OVERALL NOTIFICATION DETERMINATION Given the decisions made above in sections 4.4 and 5.3 the application is to be processed on a nonnotified basis. 7.0 S104 ASSESSMENT 7.1 EFFECTS (s104(1)(a)) Actual and potential effects on the environment have been outlined in section 4 of this report. Conditions of consent can be imposed under s108 of the RMA as required to avoid, remedy or mitigate adverse effects. 7.2 RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi)) The relevant objectives and policies are contained within Part 8 of the District Plan. Section 6 of the applicant s AEE contains an assessment of the proposals against both the Operative and Proposed District Plans. This section is comprehensive and is considered accurate and is therefore adopted for the purposes of this report with the following additional comments: Section 2.2 of the AEE also points out that the proposal would meet the revised definition of a residential flat set out in Chapter 2 of the Proposed District Plan. Under the terms of the proposed district plan, a development will have to meet the following criteria to be classified as a residential flat: Has a total floor area not exceeding 70m2, not including the floor area of any garage or carport; contains no more than one kitchen facility; is limited to one residential flat per residential unit; and is situated on the same site and held in the same ownership as the residential unit, but may be leased to another party. In this respect, the proposal would meet the definition and would therefore be a permitted activity pursuant to Rule V5_12/08/16 RM160680

5 5 Council notified the Proposed District Plan on 26 th August 2015, which contains objectives and policies with immediate legal effect, pursuant to section 86A(2) of the RMA. It is considered given the minimal extent to which the Proposed District Plan has been exposed to testing and independent decisionmaking, minimal weight will be given to these provisions at this stage. Notwithstanding, it is considered the proposal would be in accordance with these objectives and policies and notably, would be a permitted activity. 7.3 PARTICULAR RESTRICTIONS FOR NON-COMPLYING ACTIVITIES (s104(d)) With respect to the assessment above, the first threshold test for a non-complying activity required under Section 104D has been met in that the application is not considered to create any actual or potential adverse effects which are more than minor in extent. With respect to the second threshold test under Section 104D it is concluded that the application can pass through the second gateway test given that the proposal is not considered to contrary to the relevant policies and objectives of the District Plan or Proposed District Plan. On this basis discretion exists to grant consent for this non-complying activity. 7.4 PART 2 OF THE RMA An assessment of the proposal against Part 2 of the RMA has been provided in Section 7 of the applicant s AEE and is considered comprehensive and accurate. It is therefore adopted for the purposes of this report. 7.5 DECISION ON RESOURCE CONSENT PURSUANT TO SECTION 104 OF THE RMA Consent is granted subject to the conditions outlined in Appendix 1 of this decision report imposed pursuant to Section 108 of the RMA. 8.0 OTHER MATTERS Local Government Act 2002: Development Contributions In granting this resource consent, pursuant to the Local Government Act 2002 and the Council s Policy on Development Contributions the Council has identified that a Development Contribution may be required. Payment will be due prior to commencement of the consent, except where a Building Consent is required when payment shall be due prior to the issue of the code of compliance certificate. Please contact the Council if you require a Development Contribution Estimate. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or if all conditions have been met. This resource consent is not a consent to build under the Building Act A consent under this Act must be obtained before construction can begin. This resource consent must be exercised within five years from the date of this decision subject to the provisions of Section 125 of the Resource Management Act V5_12/08/16 RM160680

6 6 If you have any enquiries please contact Kenny Macdonald on phone (03) or Report prepared by Decision made by Kenny Macdonald PLANNER Paula Costello SENIOR PLANNER APPENDIX 1 - Consent Conditions APPENDIX 2 - Applicant s AEE V5_12/08/16 RM160680

7 7 APPENDIX 1 - CONSENT CONDITIONS General Conditions 1. That the development must be undertaken/carried out in accordance with the plans: Topographic Site Plan, by Koncept Architecture & Design, Drawing No. 1.01, Revision B, dated 21/07/16 GL Floor Plan, by Koncept Architecture & Design, Drawing No. 2.01, Revision B, dated 21/07/16 Elevations, by Koncept Architecture & Design, Drawing No. 4.01, Revision B, dated 21/07/16 stamped as approved on 14 September 2016 and the application as submitted, with the exception of the amendments required by the following conditions of consent. 2a. This consent shall not be exercised and no work or activity associated with it may be commenced or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act. 2b. The consent holder is liable for costs associated with the monitoring of this resource consent under Section 35 of the Resource Management Act 1991 and shall pay to Council an initial fee of $145. This initial fee has been set under section 36(1) of the Act. External Materials 3. The materials that have been approved under this resource consent are as follows: Element Walls Roof Joinery Material Coloursteel corrugate profile Coloursteel trapezoidal roof profile Aluminium The proposed colour, and any amendment to the specified materials, shall be certified by the Council Planning and Development division prior to use on the building. Colours and materials shall be in accordance with A Guide to Suitable Building Colours and Materials in Rural Zones (Queenstown Lakes District Council, February 2015). Car parking 4. The occupiers of the residential unit hereby approved shall have continual access to the car parking spaces marked as P1 and P2 on Topographic Site Plan, by Koncept Architecture & Design, Drawing No. 1.01, Revision B, dated 21/07/16 and approved by this consent. The occupiers of the larger existing residential unit shall have access to the space marked P3 and the integrated double garage. Residential Flats 5. No residential flat shall be permitted to be established on the site. Ownership / Subdivision 6. The residential unit permitted by way of this consent shall be held in the same ownership as the existing residential unit on this site and shall not be subdivided to be held in separate ownership. V5_12/08/16 RM160680

8 8 For Your Information If your decision requires monitoring, we will be sending an invoice in due course for the deposit referred to in your consent condition. To assist with compliance of your resource consent and to avoid your monitoring deposit being used before your development starts, please complete the Notice of Works Starting Form and to the Monitoring Planner at prior to works commencing. You may also have conditions that require you to apply for Engineering Acceptance. To apply for Engineering Acceptance, please complete the Engineering Approval Application form and submit this completed form and an electronic set of documents to with our monitoring planner added to the at If your decision requires a development contribution (DC) charge, we will be sending a notice in due course. To answer questions such as what is a DC charge, when a DC charge is triggered and timing of payments, please refer to this link. If you wish to make a DC estimate calculation yourself, please use this link: And for full details on current and past policies, please use this link: V5_12/08/16 RM160680

9 9 APPENDIX 2 - APPLICANT S AEE V5_12/08/16 RM160680

10 10 L M C O N S U L T I N G L T D Resource Consent Applications uurban & Rural Planning Advice u Environmental Management & Monitoring Applicant: S & M Mitchell Application: Application under Section 88 of the Resource Management Act 1991 (RMA) for land use consent to convert an existing building which is consented to be used as a boxing gym, into a residential unit, with associated changes to the external appearance of the building Location: Legal Description: Bobs Cove, Queenstown Glenorchy Road, Queenstown Rural Lot 2 Deposited Plan contained within Computer Freehold Register Valuation: Zoning: Activity Status: Rural Residential Non-complying SUMMARY OF CONSENTS SOUGHT 1. Land Use Consent 1.0 SITE DESCRIPTION AND PROPOSAL 1.1 SITE DESCRIPTION The subject site is located on the northern side of the Queenstown Glenorchy Road within the Bobs Cove area, but outside of the Bobs Cove subzone. The site is roughly rectangular in shape and is located in the central position of three lots as subdivided by RM The site has been extensively planted with exotic trees, with the majority being planted along the east and north boundaries. Surrounding lots each have a single dwelling located on the site, with associated accessory buildings located throughout the site. The site contains a two-stored dwelling, earth mounding and landscaping, as required by conditions of previous resource consents, and a skyline garage which is used as the boxing gym. 1.2 ENCUMBRANCES ON THE TITLE The following encumbrances are registered on the title: Consent Notice which requires the following: - Requires a water storage tank for potable and fire fighting provisions; - That existing indiegenous vegetation is protected; - On-site waste water disposal system; - That dwellings are located within the approved building platforms; L M CONSULTING S & M MITCHELL

11 That access to the lot is via the right of way fored as part of the underlying subdivision; - That vehicle crossings are constructed in accordance with Council standards. Since Consent Notice was registered on the title, it has been varied three times under , , The only variation which is relevant to this site is the variation which removed the requirement to building within the building platform from Lots 1 and 2. Consent Notice which requires the following: - design of a stormwater disposal system; - construction of an access way from the right of way to the dwelling in accordance with Council standards; - design of a wastewater disposal system; - treatment of domestic water supply; - monitoring of water quality, - the increase of water supply if more than 3 people occupy the dwelling; - domestic and fire fighting water supply; - fencing requirement of post and wire and a height of 1.2m; - landscape plan at the time a dwelling is constructed. Land Covenant is a private covenant and therefore Queenstown Lakes District Council do not have any control or control over the above conditions. It relates to easements over the site. 1.3 RESOURCE CONSENT HISTORY Subdivision consent RM was approved 17 September 2001, to create nine allotments ranging in size from 1 hectare to 3.1 hectares. Subdivision consent RM was approved 4 April 2007 to subdivision Lot 3 DP (which was one of the nine allotments created by RM000764) into three rural residential allotments each approximately 4000m 2 in area, and to vary a consent notice condition. The variation to consent notice related to the requirement to construct all buildings within the identified building platform on each of the allotments. The amendment to the consent notice removed the need to build within the building platform on Lots 1 and 2, but required buildings to be located within Lot 3, being the back platform, furtherest from the Queenstown Glenorchy Road. RM also required the registeration of Consent Notice on the titles. Resource consent RM was approved 11 February 2010 for the construction of a two storied dwelling, a 22m 2 gym and associated earthworks and landscaping on the site. Resource consent RM was approved 15 July 2010 which varied condition 1 of RM to: - increase the size of an approved accessory building (gym) from 22m 2 to 52m 2 ; - to construct an earthen berm on the site; - to install two additional car parks; - to amend the colour of the joinery on the approved dwelling; - to undertake a commercial boxing training activity; L M CONSULTING S & M MITCHELL 2

12 12 3 In addition to the variation, RM approved a new consent to use the boxing gym commercially, as it exceeded the permitted area to be used as a home occupation. As part of this consent, specific conditions of consent where imposed. Those of relevance to this application are listed below: A maximum of two cars associated with the home occupation activity shall be permitted on the site at any one time. The activity shall operate only between the hours of 9am to 7pm Monday to Friday and 9am to 1pm on Saturday. The proposed activity shall not operate on Sundays or public holidays. A maximum of eight people per day shall visit the site for the proposed activity. The activity shall be conducted so that the following noise limits are not exceeded within the boundary of any other site in the zone: 50dBAL THE PROPOSAL Resource consent is now sought to convert the existing building which is used as a boxing gym into a residential unit to be either used for long term rental or as a homestay. Changes will be limited to the internal configuration of the building, installation of a kitchen, and minor changes to the external appearance of the building. The application seeks to convert the existing gym into a one bedroom self contained residential flat, which will be used for homestays (in association with the existing residential activity on site), or for long term rental. However, as the building is not connected to an accessory building, or contained within the same footprint as the main residential dwelling, it will not meet the definition of a residential flat, and as such needs to be considered as a second residential unit on-site. Therefore the consent seeks to establish a second residential unit on site, which will result in a residential density of less than 4000m 2 per unit. No subdivision is sought with this application. The applicant seeks to surrender the existing resource consent for the commercial gym at the time resource consent for the residential unit is approved. In short, the building will only have one use. Consent is also sought for the alteration to the external appearance of the building. The existing building is a typical skyline garage. The southern elevation contains a roller door entrance, and two small windows located on the eastern side of the facade. The proposed development seeks to remove the roller door and replace it with a window and bi-fold door arrangement in the same space as the roller door. The existing two small windows will be replaced with a single aluminium door on the eastern side of that facade. There will be no change to the existing timber beam support which is located on the southern side of the building. The existing east elevation contains four small windows on the southern part of the facade. These will remain. A further single window will be added to the northern part of that façade. The existing west elevation contains a door in the northern part of the façade. This will remain, and a new double window will be added to this façade. The existing north elevation does not contain any windows or doors. This will not change. L M CONSULTING S & M MITCHELL 3

13 13 4 The existing roof of the building is coloursteel. This will not change. However the existing wall cladding will be replaced with new coloursteel corrugated iron in Ironsand, or similar (with a light reflectance value of less than 36%). Existing services (include wastewater disposal) and access will not change as a result of the proposed development. Services were installed as required by the underlying consents. The existing building contains a bathroom and toilet as approved by BC Photo above shows the existing southern elevation of the existing building. Proposed plans are attached and marked D. 2.0 ACTIVITY STATUS 2.1 THE OPERATIVE DISTRICT PLAN The subject site is zoned Rural Residential and the proposed activity requires resource consent for the following reasons: A controlled activity resource consent pursuant to Rule (i) for the alteration of an existing building. Councils control is with respect to the location, external appearance, associated earthworks, access, landscaping and provision of services. A non-complying resource consent activity pursuant to Rule as the proposal will not comply with Zone Standard (viii) Residential Density where there shall be only one residential unit per allotments of less than 8000m 2. The allotment is 4222m 2 and there will be two residential units located on the site, however one of those units will have a total GFA of 52m 2, and therefore has characteristics similar to a residential flat. L M CONSULTING S & M MITCHELL 4

14 THE PROPOSED DISTRICT PLAN Under the proposed District Plan the site is zoned Rural Residential and the proposed activity would be permitted for the following reasons: Rule whereby the alteration to the external appearance of the existing building would be permitted; Rule whereby the residential use of the building (with a GFA of less than 70m 2 ) would meet the definition of a Residential Flat, and therefore would not result in a breach of Rule Residential Density. 2.3 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH The proposal will not result in the subdivision of land, change of use or earthworks whereby the total volume of the disturbance of the soil of the piece of land will be no more than 25 m 3 per 500 m 2, therefore the NES will not apply. 3.0 SECTION 95A NOTIFICATION It is requested that the application is processed on a non-notified basis, for the following reasons as set out in the Assessment of Effects below: The applicant does not request public notification of the application (s95a(2)(b)). There is no rule or national environmental standard which requires or precludes public notification of the application (s95a(2) ). There are no special circumstances that exist in relation to the application that would require public notification (s95a(4)). The consent authority shall publicly notify an application if it decides under s95d that the activity will have or is likely to have adverse effects on the environment that are more than minor (s95a(2)(a)). An assessment in this respect follows. 4.0 ASSESSMENT OF EFFECTS ON THE ENVIRONMENT (s95d) 4.1 MANDATORY EXCLUSIONS FROM ASSESSMENT (s95d) A: Effects on the owners or occupiers of land on which the activity will occur and on adjacent land (s95d(a)). L M CONSULTING S & M MITCHELL 5

15 15 6 B: The activity is a controlled activity, so that adverse effects which do not relate to a matter of control have been disregarded (s95d ). C: Trade competition and the effects of trade competition (s95d(d)). D: Written Approval has not been provided by any person. 4.2 PERMITTED BASELINE (s95d(b)) The consent authority may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect. In this case, permitted activities are limited to minor earthworks, agricultural and horticultural activities, and the construction of buildings which are less than 5m 2. It should be noted that the proposed development would be permitted under the Proposed District Plan. Although the Rules do not have any legal effect as yet, it is considered that the proposed development aligns with Councils strategic direction. 4.3 ASSESSMENT: EFFECTS ON THE ENVIRONMENT Location and External Appearance The proposed location of the existing building has been previously approved and therefore has been deemed to be appropriate. Further, its use as a commercial gym in this location has also been approved. The location of a small residential unit which will be used in conjunction with the main residence on site, in place of the existing commercial gym will have a significant reduction in effects in terms of its use. The overall external appearance of the building will be similar to what has been previously approved, with the majority of the proposed changes being limited to the southern façade of the building, and therefore largely screened from views outside of the site. The resulting external appearance of the building will be in keeping with the rural residential character of the site and surrounding area, with the change to the external colour, being more appropriate for the rural context. Overall the proposed location and external appearance of the building will have adverse effects which will be less than minor on the environment Earthworks, Access and Landscaping Earthworks will not be required as part of the proposal, as the changes are limited to minor external and internal changes to the building. Access to the building will continue to be via the main driveway, with a small pedestrian access to the residential unit via the existing pathway along the northern boundary of the site. Additional landscaping will be established along the eastern boundary of the site, to provide some privacy for residents within the new unit. The proposed changes will not alter the existing situation on site, and therefore there will not be an adverse effect from earthworks, access or landscaping within the site. L M CONSULTING S & M MITCHELL 6

16 Effects on Character and Amenity Values The existing built form on site will not change significantly. The only visible change will be the removal of the existing cladding on the building, and replacement with a darker, more recessive colour scheme. This will help reduce the visibility of the building. Additionally, the proposed residential use of the building will result in a reduction to the additional people coming and going to the site. The proposed use will be more in keeping with the rural residential character of the site, and as such will provide a more positive contribution to the surrounding environment Services (water, wastewater, telecom and electricity) The existing building is currently serviced by power and water connections, and a wastewater disposal system. No change will be required to any of these services as a result of the proposed activity. The proposed residential use will not result in an increase on the existing wastewater system which is over and above the demand anticipated by the commercial gym, which can be used on a daily basis by up to eight people. RM100390, confirmed that the additional toilet, subject to building consent approval, would not result in an adverse effect. Building Consent BC approved the installation of the new toilet. Therefore adverse effects on services as a result of the proposed development will be nil Residential Density In terms of the non-complying nature of the proposed activity, effects should be considered on the wider environment due to the density being higher than the zone provides for. The unique nature of this development means that resulting effects of the proposal will be similar, if not the same, as if the proposal was being treated as a residential flat. This is evident in the overall scale of the residential unit, its location within the site, and containment within the site so that its use is ancillary to the main residential activity on site. The scale of the building, and shared access with the main dwelling on site will limit any future opportunities to subdivide the proposed residential unit into its own separate title. It should also be noted, that if the weight could be given to the rules within the proposed District Plan, the proposed activity would be permitted, as the overall floor area of the building would meet the definition of a residential flat being that the GFA is less than 70m 2. In this instance, it is clear that the proposal aligns with Councils future strategic direction in terms of appropriate development within the District. Assessment matter (xv) states that with regard to proposals that breach one or more zone standard(s), whether and the extent to which the proposal will facilitate the provision of a range of Residential Activity that contributes to housing affordability in the District. The proposal will entirely align with this assessment matter in that the proposal seeks to provide an affordable housing opportunity to meet the short fall in housing availability within the District. For these reasons, the non-compliance with respect to residential density, will not result in an adverse effect on the environment. L M CONSULTING S & M MITCHELL 7

17 SUMMARY: EFFECTS ON THE ENVIRONMENT (s95a(2)) Overall the proposed development will be in keeping with the rural residential character of site and surrounding area, and will remove the commercial nature of the existing boxing gym. Furthermore, the proposal will align with assessment matter (xv) which requires the housing affordability provisions to be considered as part of an application where a zone standard is breached. Therefore adverse effects on the environment will be less than minor. 5.0 EFFECTS ON PERSONS Section 95B(1) requires assessment as to whether there are any affected persons (under s95e) in relation to the activity. Section 95E requires that a person is an affected person if adverse effects of the activity on the person are minor or more than minor (but not less than minor). Lot 3 DP Lot 3 DP SITE Lot 2 DP Site Plan indicating potentially affected neighbouring properties Lot 2 DP & Lot 3 DP : Queenstown Glenorchy Road When viewed from the adjacent properties to the east of the site, the proposed development will result in the building having a similar appearance as the existing building, with the exception of the addition of and a small window in the northern part of the east façade, and the change to the external cladding. Therefore it is anticipated that adverse effects in terms of the external appearance of the building on the neighbouring properties to the east, will be less than minor. In terms of the use of the building, it is considered that the proposed use will have less effect on the neighbouring properties than that of the existing commercial gym. The current use allows for up to eight people to be coming and going from the site until 7pm, with the use of music, and other generally noise associated with the recreational activity occurring during this time. When comparing the existing use to that of the proposed, there will be a reduction in the overall activity and noise within the building and site. L M CONSULTING S & M MITCHELL 8

18 18 9 The residential activity, which is likely to have up to two tenants living within the building, either as a homestay or long term tenant, and will have a very low impact on the adjoining properties, by comparison to that of the existing activity. Additionally, as further landscaping will be established along the eastern boundary, any visual effects as a result of the proposed residential use (i.e. people sitting outside in the evening) will be largely screened from views to the east. Furthermore, residential activity is more anticipated within the site, than the existing (and consented) commercial activities, and therefore the proposal will align more with the intended use of the site. Taking the above assessment into consideration, the proposed activity will have an overall reduction in the effects on the adjoining neighbours to the east, than from what can currently exist under the current resource consent. As such, adverse effects on the persons at Lot 2 DP and Lot 3 DP will be less than minor. Lot 3 DP : Queenstown Glenorchy Road The proposed activity will not result in an adverse effect on Lot 3 DP for the same reasons as outlined above for Lot 2 DP and Lot 3 DP In addition to the assessment above, the property at Lot 3 DP shares the same right of way access as the subject site, and therefore an increase in vehicle movements as a result of the increased residential activity may be noticeable from that property. However, when comparing those vehicle movements to that of the existing vehicle movements currently occurring in association with the use of the building as a gym, it is expected that the overall number of vehicles coming and going from the subject site will be significantly reduced. As mentioned previously, up to eight people per day can visit the gym, with up to two additional cars at the site (as part of the gym activity) at any one time. Therefore the proposed residential activity will significantly reduce the number of vehicle movements during the day, and there will be no change to the number of additional cars parked at the site at any one time (assuming at the worse case, there are two tenants, each with a car). Lot 3 is located to the north west of the subject site, and is elevated high above the subject site. Views from the existing dwelling within Lot 3 look over the existing buildings within the subject site. Therefore it is unlikely that the proposed residential activity within the existing building will be noticeable from Lot 3. Additionally, the entrance and proposed outdoor living area is limited to the front part of the residential unit, therefore will be screened by the built form of the garage/residential unit. As such, adverse effects on the property owners of Lot 3 will be less than minor. All Other Neighbours Due to the location of the garage/residential unit being tucked up in the north eastern corner of the site, views from other adjoining properties will be screened by the existing dwelling within the subject site. It is not considered that any other neighbour would be adversely affected by the proposal. 5.1 SUMMARY EFFECTS ON PERSONS (S95B(1) Overall it is considered that any potential adverse effects created by the proposed development will be less than minor, and no person is therefore deemed to be adversely affected. L M CONSULTING S & M MITCHELL 9

19 RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi)) The proposed development is a discretionary activity. The objectives and policies of the District Plan are relevant under Section 104(1)(b) of the Resource Management Act The relevant objectives and policies are contained in Part 8 (Rural Living Areas) of the District Plan. These are addressed as follows. 6.1 ASSESSMENT OF RURAL LIVING AREAS (PART 8) OBJECTIVES AND POLICIES OPERATIVE DISTRICT PLAN (ODP) The applicable objectives and policies are contained within Part 8 (Rural Living Areas) of the Operative District Plan. Objective 1 Rural Living which seeks to establish low density rural living areas managed and contained in both extent and location. Relevant policies identify areas for rural living were properties are self sufficient of water and sewerage services, and recognise and provide for rural living developments. The proposal seeks to establish a self contained residential unit which will connect to existing services within the site. The proposed residential activity will be consistent with the other land uses within the area in so much that the site will provide for rural living opportunities. The proposed development is of a scale and character which compliments the existing environment. Objective 2 Rural Amenity seeks to avoid, remedy and mitigate adverse effects of activities on rural amenity. Policy 2.1 acknowledges that permitted rural activities may occur within the area which may be noticeable to residents within the area. Policy seek to remedy or mitigate adverse effects of building on visual amenity, whilst also ensuring that residential dwellings are set back from neighbouring properties. The existing building complies with the internal boundary setbacks for the site. No change will occur as a result of the proposed activity. There will be no risk of the proposed residential unit being located on any prominent slopes, as no change is proposed to the building height. Overall the proposed development will be consistent with the objectives and policies set out within Part 8 of the Operative District Plan. 6.2 ASSESSMENT OF RURAL RESIDENTIAL AND RURAL LIFESTYLE (PART 22) OBJECTIVES AND POLICIES PROPOSED DISTRICT PLAN (PDP) Relevant objectives and policies contained within Part 22 (Rural Residential) of the Proposed District Plan. Objective seeks to maintain and enhance the districts landscape quality, character and visual amenity values while enabling rural living opportunities in areas that can avoid detracting from those landscapes. Relevant policies seeks to ensure that the visual prominence of buildings is avoided on prominent slopes, ridges and skylines; ensure that minimum density and building coverage standards are met; to allow flexibility of density provisions, manage anticipated activities; maintain and enhance landscape values; have regard to external lighting and finally have regard to fire risk from vegetation and the potential risk to people and buildings. The above objectives and policies are largely directed to new buildings, in terms of ensuring there location is appropriate. Therefore as the proposal seeks to use an existing building, the above objectives and policies are less relevant. However, one policy does specify that developments should allow for a L M CONSULTING S & M MITCHELL 10

20 20 11 flexibility of density provisions, of which this application seeks to do. Based on this, the proposal will be consistent with that policy. Objective seeks to ensure that predominant land uses are rural, residential and where appropriate, visitor and community activities. Relevant policies seek to provide for residential and farming activities while recognising areas of development which do not undermine the integrity of the rural edge and urban growth boundaries. The proposed development will be located in an area where development is anticipated. As such the proposal will be consistent with the above objectives and policies. Overall the proposal will align with the objectives and policies contained within Part 22 of the Proposed District Plan. 6.3 SUMMARY OF OBJECTIVES AND POLICIES As outlined above, the proposed development will be consistent with the relevant objectives and policies as outlined within Part 8 of the Operative District Plan and Part 22 of the Proposed District Plans. 7.0 PART 2 OF THE RMA CONSIDERATIONS The proposal will ensure that the applicant can provide for their social, economic, and cultural well-being by providing for an additional residential living space and income. Additionally, the proposal will provide an appropriate form of housing within the District. By providing residential living opportunities, the proposal will meet the needs of future generations, whilst also ensuring that adverse effects are appropriately avoided, remedied or mitigated. As such, the proposal is considered to meet the purpose of Part 2 of the RMA. 8.0 SUMMARY The assessment above demonstrates that the proposal will be appropriate for the site and will result in a reduction in effects from what already exists. The residential activity and minor alterations to the external appearance of the building will be in keeping with the rural residential character of the site and surrounding area. No person has been deemed to be adversely effected by the proposal. Overall the proposed development will result in adverse effects which will be less than minor. L M CONSULTING S & M MITCHELL 11

21 21 Drawing Plotted: Friday, 22 July 2016 #Time UNDERGROUND SERVICES: CONTRACTOR TO ALLOW FOR REGISTERED PLUMBER TO CONFIRM LOCATION AND DEPTH OF ALL EXISTING UNDERGROUND STORM WATER AND SEWER SERVICES PRIOR TO COMMENCEMENT OF ANY WORK, TO ENSURE ADEQUATE FALLS CAN BE ACHIEVED IN ACCORDANCE WITH THE NZBC WHEN CONNECTION NEW SERVICES TO EXISTING SITE LEGEND: 1136 GLENORCHY ROAD, QUEENSTOWN ALL DIMENSIONS TO BE VERIFIED ON SITE BEFORE PRODUCING SHOP DRAWINGS OR COMMENCING ANY WORK. REVISIONS ISSUE REV CH ID ISSUE NAME DATE B B RC DOCUMENTATION 21/07/16 CONTACT THE DESIGNER PRIOR TO COMMENCEMENT OF ANY WORK IF REQUIRED, TO ALTER THE DESIGN OR TO CONFIRM ACCEPTABILITY OF ANY ALTERNATIVE SOLUTIONS ALLOW TO CONNECT ALL NEW STORM WATER & SEWER TO APPROVED SYSTEM, EITHER EXISTING OR NEW AS REQUIRED PROPOSED BUILDING SITE N ALLOW TO TAG UNDERGROUND SERVICES FOR QUOTATION PURPOSES UNTIL EXISTING STATUS AND FINAL LAYOUT HAS BEEN CONFIRMED EXISTING BUILDINGS WATER SUPPLY: LAY A MIN OF 450MM BELOW GL FROM TOBY BOX TO BUILDING WITH POLYBUTYLENE PIPE. RUN PIPES COMPLETE WITH ALL FITTINGS & JOINTERS TO THE MANUFACTURES SPECIFICATION. ALL TO AS/NZS , SECTION 2 ANTI-SLIP ACCESS ROUTES: ANT-SLIP: ON ALL ACCESS ROUTS BOTH INTERNAL & EXTERNAL, PROVIDE ANTI-SLIP SURFACE COMPLYING WITH NZBC D1AS TABLE 2 (EXCEPT SURFACES IN SIDE ENTRY DOORS OF HOUSING MAYBE CONSIDERED DRY AREAS) ALLOW FOR STEPS OR LANDSCAPING TO ALL EXTERNAL DOORS SO STEP FROM FFL NO GREATER THAN 190MM (100MM MIN) PATIO'S & SERVICE COURT TO HAVE EXPOSED AGGREGATE FINISH SEDIMENT CONTROL MEASURES: 1. DOWNPIPES ARE TO BE FITTED AS SOON AS ROOF IS FITTED AND DRAINS ARE LAID. SITE RETAINING WALLS AND RETAINING WALL DRAINS TO BE COMPLETED AND CONNECTED VIA APPROVED TYPE 1 SUMP PRIOR TO HOUSE COMPLETION 2. A COURSE GRAVEL RUMBLE PAD WASH DOWN AREA FOR TRUCKS IS TO BE PROVIDED CLOSE TO THE SITE ACCESS PRIOR TO COMPLETING THE DRIVEWAY 3. SURPLUS SOIL TO BE REMOVED FROM SITE OR EVENLY DISTRIBUTED AWAY FROM THE ACCESS DRIVEWAY LOT 2 DP M2 CT SERVICE KEY: TERRACE / OUTDOOR LIVING EXISTING DRIVEWAY EXISTING PATH SANITARY SEWER STORM WATER POWER / DATA WATER NOTE: DRAWING HAS BEEN ROTATED 40.0 CLOCKWISE FROM STANDARD ORIENTATION NOTES GENERAL: ALL WORK SHALL COMPLY FULLY WITH THE NEW ZEALAND BUILDING CODE AND ALL ASSOCIATED DOCUMENTS. ALL WORK TO BE CARRIED OUT IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS. ALL MATERIALS TO BE FIXED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. ALL WORK TO BE CARRIED OUT IN ACCORDANCE WITH NEW ZEALAND STANDARDS UNLESS NOTED OTHERWISE. CIVIL / STRUCTURAL: CIVIL / STRUCTURAL DRAWINGS TO BE READ IN CONJUNCTION WITH CIVIL / STRUCTURAL SPECIFICATIONS. REFER TO ENGINEERS DOCS FOR ALL STRUCTURAL DETAILS AND SPECIFICATIONS IMAGE SOURCE: GOOGLE MAPS IMAGERY DATE: JANUARY 2013 COORDINATES: 45 06'62.29" S '58.56" E EYE ALTITUDE: 396 M SITE: DRAWING HAS BEEN ROTATED 40.0 CLOCKWISE FROM STANDARD ORIENTATION 4. THE SITE MANAGER OR FOREMAN IS TO OVERSEE AND MONITOR THESE SEDIMENT CONTROL MEASURES ALL SETOUT DIMENSIONS TO BOUNDARY ARE TO EXTERNAL FACE OF BUILDING FOUNDATION 1:1000 SITE BULK & LOCATION PROPOSED STUDIO (EXISTING GARAGE) m 2 CONSULTANTS LM CONSULTING LTD - PLANNING 25,000L DOMESTIC WATER TANK (ABOVE GROUND) 394 EXISTING PATH CLIENT S & M MITCHELL m 2 RC DOCUMENTATION MITCHELL STUDIO 393 QUEENSTOWN NEW ZEALAND P1 EXISTING SERVICE LINES TOPOGRAPHIC SITE PLAN PIPED SERVICES (NEW): ALL SEWER AND STORM WATER DRAINS SHALL BE BEST QUALITY, AND FITTINGS COMPLYING IN ALL RESPECTS WITH NZS 7649: 1988 SOIL AND WASTE PIPES TO BE INSTALLED WITH THEIR VENT SYSTEMS TO COMPLY WITH THE NZBC AND AS/NZS.2.2: 1996 ALL PIPING SHALL BE upvc (OR OTHER EQUAL APPROVED) P.V.C. PIPES AND FITTINGS, MANUFACTURED IN ACCORDANCE TO AS/NZS 1260 AND INSTALLED IN STRICT ACCORDANCE WITH THE NZS 7641, 7642 & 7643 ALL NEW S/W DRAINAGE PIPES TO BE INSTALLED TO EXISTING CONNECTION, UNLESS OTHERWISE NOTED MIN. S/W/ PIPE GRADIENTS: 100MM - 1:120 FALL WATER SEALED INTERCEPTION SHALL BE APPLIED TO ISOLATE THE PRIVATE STORM WATER DRAIN FROM PUBLIC STORM WATER SYSTEM ALL NEW SEWRE DRAINAGE PIPES TO BE INSTALLED TO EXISTING CONNECTION UNLES, OTHERWISE NOTED P2 P3 392 COPYRIGHT. THE COPYRIGHT OF THIS DRAWING AND ALL PARTS THEREOF REMAINS WITH KONCEPT ARCHITECTURE + DESIGN ORIGINAL SCALE REDUCED SCALE DATE JOB No DRAWN CHECKED A1 1:100, 1:1000 A3 REDUCED (200%) 21/07/ AA SS MINIMUM SEWER PIPE GRADIENTS 65MM - 1:40 FALL 100MM - 1:60 FALL EXISTING HOUSE DRAWING NO. REVISION ALL WASTE AND SOIL PIPES SHALL BE FITTED WITH ALL NECESSARY CLEANING EYES AND/OR INSPECTION SADDLES ALLOW TO SLEEVE ALL PIPED SERVICES THROUGH CONC. FOOTINGS AS REQUIRED, REFER TO DETAIL 1.01 B ALL DP'S TO BE 80MM upvc UNLESS OTHERWISE STATED ALL TV'S TO BE 65MM upvc UNLESS OTHERWISE STATED INSPECTION OPENINGS TO BE AT MAJOR JUNCTIONS ON MAIN DRAINS AND AT LEAST ONE (I.O.) SHOULD BE RAISED TO F.G.L. FIXTURES FURTHER THAN 2.5M FROM MAIN VENTED DRAIN TO BE VENTED TITH AN AAV AS REQUIRED ALL SANITARY PLUMBING WORK SHALL BE STRICTLY IN ACCORDANCE WITH THE NZBC CLAUSES G1, G2, G3, G10, G12, G13 USED IN ASSOCIATION WITH AS/NZS : 1996 ALL PLUMBING & DRAINAGE TO BE INSTALLED TO G13, WITH PIPE LOCATIONS AS SHOWN ON SERVICE PLANS 2B Aspen Grove P O Box 1727 Queenstown 9300 New Zealand tel +64 (21) info@koncept.co.nz Mitchell Studio Rev1.pln DRAIN & SERVICE LAYOUTS SHOWN ARE DIAGRAMMATIC ONLY, PLUMBER/DRAINLAYER TO CONFIRM PLAN PRIOR TO CONSTRUCTION & ENSURE ALL CONNECTIONS, BENDS & FALLS COMPLY WITH THE STANDARDS DRAINLAYER TO PROVIDE AN AS-BUILT SERVICES PLAN (FOUL & STORM WATER DRAINAGE) ON COMPLETION OF JOB TO LOCAL TA. TOPOGRAPHIC SITE PLAN Document No. IF IN DOUBT ASK