Earthworks Consent -13,000m 3 of earthworks. Date Received 9/08/2016 Date of Report 22/08/ Engineering Comments -

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1 Notification Assessment Report on Resource Consent Application Description of Application Applicant Proposal Location The Rise Ltd Subdivision consent - 37 allotments and road to vest in Kaipara District Council Earthworks Consent -13,000m 3 of earthworks Cove Road, Mangawhai Legal Description Lot 30 DP (CFR ) KDC References RM Subdivision RM Earthworks Processing Details Date Received 9/08/2016 Date of Report 22/08/2016 Section 92 Request(s) Date Further Information Received - Engineering Comments - - Date of Site Inspection 19/07/2016 Planning Requirements Kaipara District Plan (2013) Map Zone Planning Notation(s) Category of Application 21 Rural Mangawhai Harbour Overlay Non Complying Activity RM & RM The Rise Ltd- Notification Decision

2 2 1 Description of Activity 1.1 The Proposal The applicant seeks resource consent to subdivide and undertake 13000m 3 of earthworks on a hectare property legally described as Lot 30 DP (CFR ), located at Cove Rd Mangawhai. The proposal would create 37 rural residential allotments as follows: It is proposed to develop the subdivision in three stages. The following lots will be constructed in each stage

3 3 Following pre-application meetings with Council planners the applicants have requested public notification of the consents due to the significance of the proposals. 1.2 The Site The subject site is located on Cove Road to the north and west of the main body of Mangawhai Heads settlement and immediately to the south of the Brynderwyn Ranges/ Bream Tail Ridge. It comprises hectares ranging in elevation from 24m to 62m above sea level. The two points of highest elevation are situated in the centre and central east of the site. The ground slopes away from these two knolls to the north, south and west with the northern slope having the steepest grading. The land is covered in grassy vegetation with swampy water logged ground located to the central northern boundary and south west corner boundary. The site is generally rectangular in shape. It is bounded by Cove Road to the west and buffeted from the road by native trees and shrubs. Along much of the length of this boundary the site slopes moderately steeply from the road. To the north the Bream Tail subdivision is buffeted by a pocket of native vegetation, which straddles the boundary of the site. To the east south east and south the site merges with the adjoining pastoral landscape, with little to define the boundary but post and wire fences. 2 Assessment of Plan Requirements- Operative Kaipara District Plan 2013 Consent is required in relation to the following Rules of the Kaipara Operative District Plan: Rule General Rural Subdivision requires that for a controlled activity in the Mangawhai Overlay: a) Every proposed allotment has a minimum net site area of 20 hectares (excluding Network Utilities allotments); b) The proposed subdivision complies with the relevant Performance Standards in Section and of this Chapter; and c) The site is not within an Outstanding Natural Landscape, as identified in Map Series None of the 37 lots proposed would measure 20 hectares. Rule a Excavation and Fill requires that in the Mangawhai Overlay a) The works are within 300m of the Coastal Marine Area and/or within 20m of a lake, river or edge of any wetland and the volume is less than 300m3 and the area is less than 300m2 in any 12 month period; or b) The works are not within 20m of the bank of any lake, river or edge of any wetland and the volume is less than 1,000m3 and the area is less than 1,000m2 in any 12 month period; and

4 4 c) The height or depth is less than 2m over a continuous distance of less than 50m within a site The applicants propose 13,000m3 of earthworks for site development. Rule Fire Fighting allows any that any building shall be permitted if: a) It does not impede the movement of fire service vehicles or equipment or generally restrict access for fire fighting purposes; b) Water supply for fire fighting and access to this supply complies with the New Zealand Fire Service Fire Fighting Water Supplies Code of Practice SNZ PAS 4509:2008; c) The use of buildings shall at all times be in accordance with the fire safety requirements specified in New Zealand Standard NZS 9231:1971 Model Bylaw for Fire Prevention'; and d) The building is located at least 20m away from naturally occurring or deliberately planted area of scrub or shrubland, woodlot or forest. The applicants propose 10,000L of water for fire fighting purposes per lot as an alternative solution, which has been approved by the NZ Fire Service and is proposed to be implemented by way of a consent notice. Further, Rule requires that any subdivision not in accordance with controlled, restricted discretionary or discretionary performance standards listed in Sections 12.10, 12.12, 12.13, and shall be assessed as a non-complying activity. Overall, the application is considered to be a non-complying activity. 2.1 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health The site is not identified as being a contaminated site within the Northland Regional Council s Register of contaminated sites, nor has it previously been used for activities listed on the HAIL Register produced by the Ministry for the Environment. Therefore consent is not required under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. No other National Environmental Standards are considered to be relevant to the proposal. Overall it is assessed the proposal complies with the National Standard 3 Adverse Effects on the Environment 3.2 Assessment of environmental effects. It is considered that the potential effects of this proposal fall into the following areas. Landscape and Visual Effects Cultural / Archaeological Effects Traffic Effects Storm water and Wastewater Effects Earthworks Effects Economic Effects

5 5 The application document includes discussion and/ analysis of these matters and concludes the effects are acceptable. As the applicant has requested notification, a full assessment of these effects from council s perspective will be undertaken after the conclusion of the notification period. 4 Notification Assessment 4.1 Public Notification Section 95A of the Resource Management Act 1991 (the Act) gives a council discretion to decide whether to publicly notify an application or not. However, an application must be notified if: a) the activity will have, or is likely to have, adverse effects on the environment that are more than minor b) the applicant requests public notification of the application c) a rule or national environmental standard requires public notification. Section 95A (3) provides that an application must not be notified if a rule or national environmental standard precludes public notification and the applicant has not requested public notification. Section 95B provides that if an application is not publicly notified, a council must decide if there are any affected persons (or affected order holders) in relation to the activity. Limited notification of the application must be given to affected persons unless a rule or national environmental standard precludes limited notification. Section 95D - In determining whether to publicly notify an application, section 95D specifies a council must decide whether an activity will have, or is likely to have, adverse effects on the environment that are more than minor. In making this decision, a council: a) must disregard any effect on persons who own or occupy: i. the land in, on, or over which the activity will occur; or ii. any land adjacent to that land; and b) may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and c) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and d) must disregard trade competition and the effects of trade competition; and e) must disregard any effect on a person who has given written approval to the relevant application. In this case the applicant has requested public notification. 4.3 Adversely Affected Persons Having regard to the application documentation and the areas of potential effects council has identified the following parties as those who will be directly served notice of the application. An advert will also be placed in The Mangawhai Focus and the Northern Advocate to capture the wider public audience.

6 6 Property Detail Name Reasons why adversely affected Witten approval secured 148 Mangawhai Heads Road - LOT 1 DP Cove Road - LOT 3 DP Cove Road - LOT 4 DP Neville Nathan Grant & Suzanne Renall Lisa Adams & Grant Renall Landscape and Visual Effects Cultural/ Archaeological Effects Traffic Effects No 142 Cove Road LOT 5 DP Kelli Sullivan Storm water and Wastewater Effects Earthworks Effects 140 Mangawhai Heads Lisa & Nathan Adams Road LOT 6 DP Mangawhai Heads Anna & Michael Geary Road LOT 2 DP Mangawhai Heads Fiona & Barry Shearer Road - LOT 1 DP Mangawhai Heads Paul & Colleen Road - LOT 8 DP Humphries Mangawhai Heads Randhawa Singh & Road - LOT 4 DP Julie De Vos Cove Road Lot 42 Bream Tail Limited DP Cove Road - LOT 15 DP Penguin Limited Nominees 90 Mangawhai Heads Road - LOT 2 DP Martin & Denise Davies

7 7 126 Mangawhai Heads Road - LOT 1 DP Mangawhai Heads Road - LOT 2 DP Mangawhai Heads Road - LOT 3 DP Mangawhai Heads Road - LOT 1 DP Regan & Rochelle Davies Harold & Betty Gardner Jason George and Smith & Partners Trustee Co Limited Betty & Benjamin Gardner 5 Conclusion It is recommended that pursuant to Section 95A (2) (b) of the Act, this application proceed on a notified basis as the applicant has requested the application be notified. Reporting Planner 23 August 2016 Phillipa Campbell Date Planning Review 23 August 2016 Katrina Roos Date

8 8 Recommendation Confirmed as Decision Manager, Resource Consents 23 August 2016 Katrina Roos Date