This consent will lapse five years from the date of this decision.

Transcription

1 DECISION OF THE SOUTHLAND DISTRICT COUNCIL CONSENT TYPE: Land Use CONSENT NUMBER: 360/10/14/250. LAPSE DATE: This consent will lapse five years from the date of this decision. Pursuant to Sections 34A and and 104B, and after having regard to matters set out in Part 2 and Section 104 of the Resource Management Act 1991, I hereby grant land use resource consent application 360/10/14/250 to construct and operate a heritage centre building on the Curio Bay Camping Ground site at 601 Waikawa Curio Bay Road, as a discretionary activity, subject to the conditions imposed under Section 108 of the Act below: 1. That the development shall occur in general accordance with the plans and information submitted with the application except as varied by the conditions of consent. In particular the Heritage Centre location and the dimensions shall be in accordance with the information submitted. 2. The maximum height of the Heritage Centre building shall not exceed 5.5 m above natural ground level. The consent holder shall survey the ground contour prior to any excavation or construction occurring and forward a copy of the survey results identifying pre-construction natural ground level to Council. 3. With respect to the construction of the centre, the following conditions shall apply: (a) (b) (c) Noisy construction works shall avoid the Yellow-eyed penguin breeding period of 1 September through to 28 February. That noise from the construction works associated with this development shall comply at all times with NZS 6803:1999 Acoustics - Construction Noise. That a temporary fencing shall be erected to prevent people involved in constructing the centre from wandering into the penguin nesting habitat. The fence shall be located as close as is practicable to the construction footprint. 4. All fixed exterior lighting shall be directed away from adjacent properties and roads and shall be cowled and downward facing. 5. Prior to the Heritage Centre being open to the public, carparking shall be provided for the development in accordance with the Operative Southland District Plan 2001 and Southland District Council s Subdivision and Land Development Bylaw In the event that the Department of Conservation carpark project does not proceed, alternate arrangements for carparking shall be submitted to Council s Manager Resource Management for approval. 6. An Accidental Discovery Protocol shall be in place and contractors briefed by a qualified archaeologist prior to any earthworks commencing. Koiwi can be found in unexpected locations along this coastline. An archaeologist who can be contacted in the event of a discovery shall be contracted before any earthworks commence. Decision of Hearing Commissioner A Cubitt - Resource Consent 14/250 1 r/15/2/2853

2 In addition, iwi should have the opportunity to have a cultural monitor involved (although this monitor cannot make any decisions if any archaeology is uncovered other than advising to stop works and contact Heritage New Zealand). 7. The exterior materials of the Heritage Centre building shall be restricted to horizontal weatherboard and/or corrugated iron. If corrugated iron is used it may be oriented either vertically or horizontally. Roofing shall be corrugated iron only. Feature panels at entries or as back ground to signage panels are permitted and when used must be finished in exposed aggregate with dark concrete tint or in concrete block. Where concrete block is used it shall be painted or stained in a recessive colour similar to those listed in condition 8. Prior to construction taking place, details of the exterior materials and colour used, and the associated signage as authorised by condition 16 below shall be submitted to Council s Manager Resource Management for certification. 8. The exterior colours of the Heritage Centre building shall be in the following Roof colour shall be Coloursteel Thundergrey or similar Wall colour shall be in coloursteel Kelp or similar. 9. All guttering and downpipes shall be the same colour as the roofing. 10. Exterior joinery shall be a shade, tint or tone of the predominant hue of the exterior of the building and shall have a reflectivity value of less than 36%. 11. Prior to construction taking place a revised landscape plan shall be prepared by a suitably qualified person and submitted to Council for certification. The plan shall incorporate the existing vegetation and vegetation patterns on site and shall include (but not be limited to, if required) the following species: cordyline australis (cabbage tree); hebe elliptica (kormiko); hebe salicifolia (koromuka); phormium tenax (lowland flax). The purpose of the planting shown on the plan is to function as screening for the Heritage Centre but should ensure the mitigation planting around the Heritage Centre does not create its own distinct environment out of character with the balance of the reserve. The plan is to incorporate and protect the grove of Cordyline australis to the north of the Heritage Centre. The plan shall specify that all trees are to be a minimum of 1.5 m in height at the time of planting, and shrubs are to be a minimum of pb8 in grade. Once certified, and construction is completed, all planting is to be undertaken in the next available planting season and irrigated and maintained as necessary. Should any tree or shrub die or become diseased it shall be replaced in the next available planting season at the consent holder s cost. 12. Rubbish bins, air conditioning units and other Heritage Centre utilities shall be located in close proximity to the building and shall be screened. Details of this shall be provided in the revised landscape plan to be submitted to Council for certification under condition 11 above. Decision of Hearing Commissioner A Cubitt - Resource Consent 14/250 2 r/15/2/2853

3 13. The consent holder shall draft a wildlife mitigation proposal that encompasses the recommendations contained within the Department of Conservation Wildlife Assessment report submitted as part of the application. This report shall be submitted to Council s Manager Resource Management for approval prior to any works commencing on-site. Such a plan shall take cognisance of penguin breeding and nesting stages, potential expansion of the penguin breeding and nesting area, the need to provide visitor management and education to ensure all wildlife (seals, sea lions, little blue penguins, Hector s dolphins) is protected and the location of the proposed link walking tracks and road works. In particular it shall contain the restrictions set in condition 3(a) and (c) above. 14. The hours of operation of the Heritage Centre facility shall be restricted to 7.00 am pm daily. 15. Any building on-site shall be provided with a fire fighting water supply system and access to this system that complies with the New Zealand Fire Service Firefighting Water Supplies Code of Practice SNZ PAS 4509:2008. A sprinkler system is installed in accordance with the New Zealand Standard for Automatic fire sprinkler systems, NZS 4541:2007. The minimum formed width of vehicular access to the future building shall not be less than 4.0 m to ensure New Zealand Fire Service Appliances has sufficient vehicular access to the building. Horizontal and vertical clearance along the accessway (for example trees and overhanging cables) must exceed 4.0 m at all times to ensure the New Zealand Fire Service appliances can sufficiently access the future building. Firefighting water supply may be provided to the building by means other than the above if the written approval of the New Zealand Fire Service is obtained for the proposed method. 16. That signage authorised by way of this decision shall be limited to the signage as illustrated on the plans submitted with the application. Note: If any additional signage is proposed, then the consent holder shall need to liaise with the Council s Resource Management Department in order to ascertain whether this requires any additional resource consents. Advice Notes: (Please note that these do not form part of the conditions of approval of this resource consent, but are for the consent holder s information only) (a) It is acknowledged that the carpark will be developed as a separate project to the Heritage Centre application. However should this not occur, condition 5 requires alternative car parking to be provided for approval by Council s Manager Resource Management. All design and construction for such a carpark should be in accordance with Southland District Council Subdivision, Land Use and Development Bylaw All costs associated with the carpark works shall be at no expense to the Southland District Council. Decision of Hearing Commissioner A Cubitt - Resource Consent 14/250 3 r/15/2/2853

4 As part of the new carpark development, it is expected that the existing gravelled carpark on Mair Road will be uplifted and reinstated, in keeping with the surrounding environment (this will be dependent on the final location of the link walking tracks associated with the Heritage Centre development and the Petrified Forest). (b) Should the development of the new carpark require the partial relocation of Mair Road, the consent holder should be aware of the following requirements: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) All design and construction requirements for the relocation of Mair Road detailed below should be in accordance with Southland District Council Subdivision, Land Use and Development Bylaw 2012 unless otherwise specifically stated. All costs associated with the works shall be at no expense to the Southland District Council. Any new intersection of Mair Road and Waikawa Curio Bay Road will need to be constructed as a T intersection. (Note: The Heritage Centre plan shows this as a sweeping corner on to Waikawa Curio Bay Road, which is not considered good practice and would not be acceptable.) The specification for the road construction materials and depth will need to be confirmed upon excavation when the subgrade quality will be determined. It would typically be expected the following was constructed: 1. The gravelled section should consist of a minimum 300 mm AP65 sub-basecourse and 50 mm topcourse material. 2. The sealed section should consist of a minimum 250 mm AP65 sub-basecourse and 100 mm M4 AP40 basecourse material. 3. The decision to use geotextile products such as fabric or geo-grid will need to be agreed with Council s Roading Engineer at the time of construction. Mair Road will need two coat chip sealed a length of 35 m from the intersection with Waikawa Curio Bay Road. This sealed section will need to be a minimum width of 6.0 m wide. The two coat chip seal will need to be 3/5 grade. Beyond the end of the 35 m seal this roadway can be constructed with gravelled surfacing. The gravel section should be 4.5 m width. The transition between the 6.0 m and 4.5 m widths needs to be transitioned over a minimum length of 20 m and can be constructed with gravel. The road crossfall of the seal will need to be 5% at the transition of seal to gravel. The old seal on Mair Road is to be fully removed and reinstated back to a gravelled surface. Culverts will need to be installed under the relocated roadway as necessary to meet a 25 year return interval. (c) If Mair Road is relocated, the following road signage may be required: A Mair Road name blade sign will need to be installed at the intersection of Waikawa Curio Bay Road and Mair Road. The current sign could potentially be relocated. Decision of Hearing Commissioner A Cubitt - Resource Consent 14/250 4 r/15/2/2853

5 An RG6 (give way) sign will also be required at the intersection of Waikawa Curio Bay Road and Mair Road. A PW-2 (give way advanced warning) and supplementary sign will need to be installed on Mair Road in advance of the new RG6 (give way) sign. The actual distance will need to be determined post construction. (d) (e) (f) (g) (h) It is advisable for the South Catlins Charitable Trust to investigate the current demands on the existing water bore which services the camping ground and the future peak demands which may occur as a result of the Heritage Centre development and assess whether there is sufficient capacity to service the development. This is also relevant in terms of the issue raised in the submission by the New Zealand Fire Service - ensuring that any building has appropriate firefighting water supplies and access available. The SCCT should elaborate on this issue of water supply at the hearing. The café will require health licensing, and the sale of alcohol will require alcohol licensing. Please contact an Environmental Health Officer for more information, and refer to the guide Starting a business in the Southland District on Council s website, found on the Food Premises page. Section 16 of the Resource Management Act 1991 requires the consent holder to adopt the best practicable option to ensure that the emission of noise from this activity does not exceed a reasonable level. The storage and use of hazardous substances such as LPG or diesel, for example for energy purposes, can require test certification under the Hazardous Substances and New Organisms Act Please contact a Hazardous Substances Officer prior to installation of any hazardous substances storage facility for further advice. The existing camping ground has a health licence with Council. Please contact an Environmental Health Officer prior to making any alterations to the camping ground to ensure compliance with the Camping Ground Regulations DATED at Dunedin this 9th day of February Allan Cubitt Commissioner Decision of Hearing Commissioner A Cubitt - Resource Consent 14/250 5 r/15/2/2853