BAY OF ISLANDS PLANNING LIMITED 2 Totara Place, Kerikeri PO Box 795 Kerikeri

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1 BAY OF ISLANDS PLANNING LIMITED 2 Totara Place, Kerikeri PO Box 795 Kerikeri Phone [ 09 ] ; info@bayplan.co.nz District Services Department Far North District Council John Butler Centre Kerikeri 19 April 2018 Attention: Ms Louise Wilson Dear Louise, Application for Resource Consent : Subdivision and Land Use [ Variation ] Cavalli Retreat, Rapaki Bay. I refer to our recent discussions relating to the Cavalli Retreat in Mahinepua, Rapaki Bay. We are pleased to now attach the following application to extinguish an amalgamation condition requiring the two Cross Lease Areas applying to the two buildings to be held under the one composite computer register. This is lodged as Part A. For completeness the applicant is also seeking to amend a land use consent requiring the use of the two Cross Lease Areas as The Retreat and Caretakers cottage. This is addressed within Part B. Such variation is required as a result of the subdivision and additionally due the operation of The Retreat ceasing. The respective Forms immediately follow. Access to the site is restricted so please contact our office before making any site visit. Should you require any further information please do not hesitate to contact me. Yours faithfully, Jeff Kemp Bay of Islands Planning Limited on behalf of Bruce Robin Ansley and Justine Anne Marra.

2 To the Far North District Council: Form 9 APPLICATION FOR RESOURCE CONSENT Section 88, Resource Management Act 1991 We, Bruce Robin Ansley and Justine Anne Marra, apply for the following type of resource consent: Part A - Subdivision - To extinguish an amalgamation requirement over two existing Cross Lease areas on a site zoned General Coastal. The location of the proposed activity is as follows: The property is located on the eastern side of Mahinepua Bay adjoining Rapaki Bay, Mahinepua, and has the legal description of Areas 2 & 3 on Lot 1 DP more particularly defined on DP No additional resource consents are needed for the proposed activity. We attach, in accordance with the Fourth Schedule of the Resource Management Act 1991, an assessment of environmental effects that corresponds with the scale and significance of the effects that the proposed activity may have on the environment. [see below] We attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act 1991, or any regulations made under that Act, as listed below: Planning Report, including Assessment of Environmental Effects; Plan of Subdivision being DP ; Copy of Composite Computer Register As this is an application for a Subdivision consent, we attach information (where relevant) that is sufficient to adequately define: a) the position of all new boundaries: b) the areas of all new allotments: c) the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips: d) the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: e) the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A: f) the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A):

3 g) the locations and areas of land to be set aside as new roads.... Date: 19 April 2018 Jeff Kemp on behalf of Bruce Robin Ansley and Justine Anne Marra Address for service: Bay of Islands Planning Limited, PO Box 795, Kerikeri 0245 Telephone: (09)

4 PART A Removal of Amalgamation 1. INTRODUCTION 1.1 Bay of Islands Planning Limited has been engaged by Bruce and Justine to prepare this resource consent application to extinguish a requirement which requires two Cross Lease Areas to be held under one composite computer register. The application thereby enabling one Cross Lease Area to be dealt with independent of the other. 2.0 LOCALITY AND PROPERTY DESCRIPTION 2.1 The property is located on the eastern end of Mahinepua Bay adjoining the smaller bay known as Rapaki. Access to the application site is over a series of right of way easements which extend from Mahinepua Road. The application site is one of three Cross Lease Areas approved on DP These lease areas being approved under the former Bay of Islands County District Scheme Review No 1. The site contains the existing Cavalli Beach House Retreat and caretakers cottage. Each of these buildings are individually accessed with their own on site water and waste water systems. In effect all operational servicing and facilities are independent of each other. The site is landscaped as reflected in the photograph shown in Figure 1 below and the aerial view shown in Figure 2. Figure 1 Site Location

5 Figure 2 Aerial View 2.2 The adjoining sites have also been developed and collectively create the existing environment of Rapaki Bay. 3.0 APPLICATION DESCRIPTION 3.1 The applicants intend to extinguish the amalgamation requirement registered on DP as originally approved and now contained within DP , as to allow for the issue of a single Composite Computer Register Title for Area 2 and Area 3. The two areas would continue to remain within the underlying Lot 1 DP and Covenant Area B and continue to be held under the Leasehold tenure system. In effect other than the ability to sell Area 2 separate from Area 3 there is no change in the existing configuration, presence and form of the two buildings within the property. All servicing, access, bulk and location of the facilities and structures do not change. 3.2 Area 2 contains an area of 235m2; Area 3 an area of 195m2; and the Covenant Area B some 7288m2.

6 4.0 APPLICATION PROCESS 4.1 In terms of this application it is appropriate that the Approval Process is considered in order to create the planning and consenting framework which existed and was applied. This is established through the following Tables 1 and 2. Approval Process Far North District Council. Table 1 SUBDIVISION AND LAND USE APPROVALS APPROVAL REFERENCE ACTIVITY APPROVED Creation of Lot 1, Flat 1 on Covenant Area A, a shed on Lot 1. DATE July 1990 COMMENTS This created DP No esplanade was required. RC Dwelling house within Cross Lease Covenant Area A 20/08/1997 No esplanade was required. RC Cross Lease to create Flat 2 [ Area 2 ] being The Retreat. 12/06/2002 In determining the application Council stated within Reasons for the Decision the following The proposal is to cross lease Flat 2, an existing dwelling. As the application creates no additional development rights and only amends the form of tenure of

7 RC RMALUC RC RMASUB Construct caretakers cottage [ Area 3 ] Cross Lease to create Area 3 [ Caretakers dwelling ] and to be amalgamated with Area 2 [ formerly Flat 2 DP The Retreat ] the site, it is considered that there will be no change in environmental effects. Council has determined not to require the provision of an esplanade reserve due to fiscal considerations, the amount of potential use and the minor nature of the subdivision. Due to the dwelling being in existence, no reserves contribution is payable in accordance with Council policy. No esplanade was required. 08/02/2007 Condition 6 requires The proposed dwelling must only be utilised as a private dwelling and may not be utilised for the purposes of providing guest accommodation. No esplanade was required. 18/05/2011 Condition 2.(b) required That Area 2 and Area 3 be held together in one computer register. No esplanade was required. Definition of Site under the Far North District Plan Table 2 DISTRICT PLAN DEFINITIONS OF SITE CROSS LEASE PERIOD STATUS Pre April 2000 Site included any Cross Lease subdivisions. A site being all the land comprised in one Certificate of Title [ which ] may be disposed of separately. April 2000 July 2003 Site did not include any Cross Lease subdivisions. The site was the total area of the existing appellation the subject of the cross lease. July 2003 Present Site includes cross lease subdivision and is limited to land exclusively restricted to the users of those buildings. This definition is further assessed under the heading Esplanade Consideration. Resource Management Process 4.2 With regard to the Act Council can in respect to Section 241 (3) cancel, in whole or in part, any condition described in subsection (2). 4.3 Subsection (2) applies as the existing amalgamation condition sits within

8 subsection (a) which prescribes - the separate parcels of land included in the certificate of title in accordance with the condition shall not be capable of being disposed of individually, or of again being held under separate certificates of title, except with the approval of the territorial authority; 4.4 It is therefore considered Council can cancel the amalgamation condition under Section 241(3). In undertaking this consideration, it is also necessary to assess the new site being created Area 3 in relation to the District Plan rules. This is undertaken within the following. 5.0 CONSENT REQUIREMENTS 5.1 In the Far North District Plan [DP], the site is zoned General Coastal. The property is also subject to an Outstanding Landscape in terms of the Resource Maps. Figure 3 - Zone and Resource Layers

9 Subdivision 5.2 As Area 3 is already a site by definition the proposed cancellation of the amalgamation is unable to meet the Discretionary Activity standards given that a Management Plan Subdivision is not sought for this development. The application is consequently a Non-Complying Activity. Table 4 reviews the subdivision standards. Table 4 SUBDIVISION (viii) GENERAL COASTAL ZONE Restricted Discretionary Activity Status The minimum lot size is 20ha. (viii) GENERAL COASTAL ZONE Discretionary Activity Status A subdivision in terms of via a management plan as per Rule may be approved. Proposed Area 3 will be less than 20ha. in area and as such cannot comply with this standard. A Management Plan Subdivision is not sought for this development. Non-Complying. Non-complying.

10 13.11 Non-Complying (Subdivision) Activities Subdivision is a non-complying activity where: (a) If a subdivision activity does not comply with the standards for a discretionary (subdivision) activity; or (b) the subdivision is in a Coastal Hazard 1 Area, as shown on the Coastal Hazard Maps; (c) the subdivision is in the Recreational Activities and Conservation Zones. Any application for a subdivision in the Recreational Activities and Conservation Zones will be publicly notified; or (d) a new boundary line passes through the Outstanding Natural Feature (Appendix 1A) or Outstanding Landscape Feature (Appendix 1B) or a lot is created which results in the only building site and/or access to it being located in the feature unless it is for creation of a reserve under the Reserves Act This clause does not apply within the Pouerua Heritage Precinct. (e) if a subdivision activity does not comply with the standards of Rule (National Grid Corridor). Clause (a) is applicable to this application. Non-complying. 5.3 It is also necessary to consider the application in regard to the land use rules of the District Plan. This is assessed in Table 5. Table 5 Landuse GENERAL COASTAL ZONE Visual Amenity The following are permitted activities in the General Coastal Zone: (a) any new building(s) not for human habitation provided that the gross floor area of any new building permitted under this rule, does not exceed 50m² or for human habitation provided that the gross floor area does not exceed 25m2; and (b) the exterior is coloured within the BS5252 standard colour palette range with a reflectance value of 30% or less or are constructed of natural materials which fall within this range; or (c) any alteration/addition to an existing building which does not exceed 50m2, provided that any alteration/ addition does not exceed the height of the existing building and that any alteration/addition is to a building that existed at 28 April 2000; or (d) renovation or maintenance of any building Residential Intensity Residential development shall be limited to one unit per 20ha of land. In all cases the land shall be developed in such a way that each unit shall have at least 3,000m² for its exclusive use surrounding the unit plus a minimum of 19.7ha elsewhere on the property. No additional building works are sought as a result of this subdivision application. The two existing buildings have been approved by Council and no further residential units are sought as part of this subdivision application. Complies. Complies.

11 Scale of Activities The total number of people engaged at any one period of time in activities on a site, including employees and persons making use of any facilities, but excluding people who normally reside on the site or are members of the household shall not exceed 4 persons per site or 1 person per 1ha of net site area whichever is the greater. Provided that: (a) this number may be exceeded for a period totalling not more than 60 days in any 12 month period where the increased number of persons is a direct result of activities ancillary to the primary activity on the site; and (b) this number may be exceeded where persons are engaged in constructing or establishing an activity (including environmental enhancement) on the site; and (c) this number may be exceeded where persons are visiting marae. In determining the total number of people engaged at any one period of time, the Council will consider the maximum capacity of the facility (for instance, the number of beds in visitors accommodation, the number of seats in a restaurant or theatre), the number of staff needed to cater for the maximum number of guests, and the number and nature of the vehicles that are to be accommodated on site to cater for those engaged in the activity Building Height: maximum height 8 metres. Commercial activities have been approved within the Retreat [ Area 2 ]. No new buildings are proposed as part of this application. Complies. Complies Sunlight: no part of any building shall project beyond a 45 degree recession plane as measured inwards from any point 2m vertically above ground level on any site boundary. The existing dwelling within Area 3 complies with this rule. Complies Stormwater Management: The maximum proportion of the gross site area covered by buildings and other impermeable surfaces shall be 10% Setback from boundaries: (a) no building shall be erected within 10m of any site boundary, except that on any site with an area of less than 5,000m², this setback shall be 3m from any site boundary; (b) no building for residential purposes shall be erected closer than 100m from the boundary of the Minerals Zone. In approving the creation of Area 3 this rule would have bene taken into account. All storm water management systems are in place. The dwelling is more than 10.0m from the cross lease boundary Transportation Replaced by Rule A.2.1 in District Wide Rules see below Keeping of Animals The activities specified by this rule will not be undertaken Complies Complies. Two car parks are provided for Area 3 and the matter of access thereto was address as part of RC Complies. Not relevant

12 Noise: All activities shall be so conducted as to ensure that noise from the site shall not exceed the following noise limits at or within the boundary of any other site in this zone, or at any site zoned Residential, Russell Township or Coastal Residential, or at or within the notional boundary of any dwelling in any other rural or coastal zone: 0700 to 2200 hours 55 dba L to 0700 hours 45 dba L10 and 70 dba Lmax Noise levels are not expected to exceed these limits. Complies Helicopter Landings These activities will not be undertaken. Not relevant DISTRICT WIDE RULES Indigenous Vegetation Clearance Indigenous Vegetation Clearance in the General Coastal Zone: The clearance of indigenous vegetation is a permitted activity in the General Coastal Zone, provided that: (a) the vegetation is less than 6m in height or 600mm in girth (measured at a height of 1.5m); and (b) the clearance is not within 20m of a lake (as scheduled in Appendix 1C), coastal marine area, indigenous wetland or continually flowing river; and (c) any clearance involving remnant forest does not exceed 500m2 ; and (d) in relation to the total area of any site existing as at 1 February 2005 which has more than 50% of that area in indigenous vegetation, the total clearance does not exceed 1ha or 15% of that area, whichever is the lesser, in any 10 year period; or (e) in relation to the total area of any site existing as at 1 February 2005 which has less than 50% of that area in indigenous vegetation, the total clearance does not exceed 1,000m2 of that area in any 10 year period. Soils and Minerals Excavation and/or filling, including obtaining roading material but excluding mining and quarrying, in the General Coastal, zones: Excavation and/or filling, excluding mining and quarrying, on any site in the Rural Living, Coastal Living, South Kerikeri Inlet Zone, General Coastal, Recreational Activities, Conservation, Waimate North and Point Veronica Zones is permitted, provided that: (a) it does not exceed 300m³ in any 12- month period per site; and (b) it does not involve a cut or filled face exceeding 1.5m in height i.e. the maximum permitted cut and fill height may be 3m. Natural Hazards No vegetation clearance will be undertaken as a result of this subdivision. No earthworks are sought as a result of this subdivision. Complies. Complies.

13 Fire Risk to Residential Units (a) Residential units shall be located at least 20m away from the drip line of any trees in a naturally occurring or deliberately planted area of scrub or shrubland, woodlot or forest; (b) Any trees in a deliberately planted woodlot or forest shall be planted at least 20m away from any urban environment zone, Russell Township or Coastal Residential Zone boundary, excluding the replanting of plantation forests existing at July The residential unit on Lot 1 is existing. No further residential units are sought as a result of this subdivision. Complies. Activity status 5.4 Overall in terms of the land use aspects these have been accommodated within the approval of RC In terms of the extinguishing the amalgamation condition to create Area 3 this would be assessed as a Non Complying Activity. 6.0 NORTHLAND REGIONAL COUNCIL REGIONAL POLICY STATEMENT The site is located within the coastal environment and included within an Outstanding Natural Landscape: Mahinepua Area Coast.

14 The description of this landscape unit is attached and it is noted under the heading of Ecology the unit is identified as containing Mahinepua estuary and foreshore are a habitat for NZ dotterel (Category B threatened species), Caspian tern (Category O threatened species), variable oystercatcher (Category C threatened species), white-faced heron. Remnant of a diminished habitat type and a representative site for shore ribbonwood and sea rush. The habitat supports threatened shorebirds. 7.0 STATUTORY CONSIDERATIONS 7.1 With respect to non-complying activities, s.104 D of the Act states that - "Despite any decision made for the purpose of section 95A(2)(a) in relation to adverse effects, a consent authority may grant a resource consent for a noncomplying activity only if it is satisfied that either (a) the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or (b) the application is for an activity that will not be contrary to the objectives and policies of (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity." 7.2 These requirements are sometimes referred to as 'gateway' tests and the function of this part of the Act is to determine jurisdiction for granting consent. If either of these gateway tests is met, the authority must then assess the proposal against the provisions of section 104 to make a determination as to whether consent should be granted. 7.3 Section 104 of the RMA states that when considering an application for a resource consent, the consent authority must, subject to Part II, have regard to (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of i. a national environmental standard:

15 (c) ii. other regulations: iii. a national policy statement: iv. a New Zealand Coastal Policy Statement: v. a regional policy statement or proposed regional policy statement: vi. a plan or proposed plan; and any other matter the consent authority considers relevant and reasonably necessary to determine the application. 7.4 The only relevant national environmental standard is the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. The site has an on-site wastewater system. However, as there will be no change of use to Area 3 i.e. the dwelling is existing no change to the existing wastewater system nor further investigation is considered necessary. As such, the NES is not considered to be relevant to this application. 7.5 No other regulations or national policy statements apply save the NZCPS. The site is located within the coastal environment and as such consideration of the New Zealand Coastal Policy Statement will be made within the sections below. The matters to be addressed under section 104 are therefore discussed below under the headings Environmental Effects, Policy Statements, District Plan Considerations and Other Matters followed by an assessment of Part II matters as they apply to the considerations. This is followed by an assessment of how the proposal performs against the statutory requirements for non-complying activities in section 104D. 8.0 ASSESSMENT OF EFFECTS ON THE ENVIRONMENT Subdivision 8.1 ALLOTMENT SIZES AND DIMENSIONS Area 3 of a sufficient size to provide for the activities within. The allotment already exists around the existing dwelling and its associated infrastructure located in the Covenant Area B. Sufficient space will remain for lifestyle living. Area 3 has been established with has created a suitable building area through the construction of the dwelling house. The subdivision is sought to enable the existing dwelling within Area 3 to be separated off from the adjoining Area 2 but still retaining its interests within the Covenant Area B. The allotment size within Area 3 will be consistent with these neighbouring properties and given it is already developed with a dwelling will not result in any additional development on the allotment. It is considered that the subdivision will be compatible with the adjoining subdivision patterns and land use activities in the area. 8.2 NATURAL AND OTHER HAZARDS No hazards have been identified on Far North Maps. The Northland Regional Council maps have identified the site as containing tsunami hazards as pictured below. The foreshore area being subject to 1:500 year event and landward of the 1:500 the 1:2500 year event. Both Areas 2 and 3 sit with the 1:2500 year event. Whilst both areas sit within the 1:2500 event it is appears tenuous that the two buildings would be at risk given the elevation of the two structures.

16 Figure 4 Tsunami Risk Source: NRC Online Maps 8.3 WATER SUPPLY No reticulated water supply is available with this being provided via on-site roof water collection. 8.4 STORMWATER DISPOSAL No reticulated storm water disposal is available for this site, however all the infrastructure has been installed and is operational. 8.5 SANITARY SEWAGE DISPOSAL No reticulated wastewater infrastructure is available for this site. The site already has an approved and authorised on site waste water treatment system. 8.6 ENERGY SUPPLY Power supply to already existing to the site. 8.7 TOP ENERGY TRANSMISSION LINES

17 The site is not in close proximity to any transmission powerlines designed to operate at or above 50 kv. 8.8 TELECOMMUNICATIONS Existing infrastructure services to the dwelling are provided. 8.9 EASEMENTS FOR ANY PURPOSE No additional easements are required PROVISION OF ACCESS Area 3 will continue to attain access via the existing driveway. No physical changes to this are sought EFFECT OF EARTHWORKS AND UTILITIES No new infrastructure is sought as a result of this subdivision, as such there will be no impacts BUILDING LOCATIONS The dwelling within Area 3 has been approved and the constructed under the appropriate consenting and inspection processes PRESERVATION AND ENHANCEMENT OF HERITAGE RESOURCES, VEGETATION, FAUNA AND LANDSCAPE, AND LAND SET ASIDE FOR CONSERVATION PURPOSES 8.14 SOIL The site does not contain any Sites of Cultural Significance to Maori, Heritage Precincts, Outstanding Natural Landscapes or Features or areas of Kiwi Present as defined in the District Plan. The site has been landscaped and there are no changes to this vegetation layout. Additional landscaping will be undertaken. The site is noted as not containing any highly versatile soils defined by the Regional Policy Statement for Northland ACCESS TO WATERBODIES The application site is separated from the Coastal Marine Area by reason of the Common Area. The matter of access to the coastal marine area is discussed under a separate heading to follow LAND USE INCOMPATIBILITY The proposal will be consistent with development on surrounding allotments and will continue to operate as a residential activity, with the current operations of the

18 site not changing. As such any incompatibility issues are considered to be no more than minor PROXIMITY TO AIRPORTS The site is located more than 1.2km from all Airports NATURAL CHARACTER OF THE COASTAL ENVIRONMENT Given that the development is already existing on site and this will not change any impact of this development on the coastal environment will be no more than minor. The landscaping and mitigation measures required by the land use consent has enhanced the natural character of the area ENERGY EFFICIENCY AND RENEWABLE ENERGY DEVELOPMENT/USE No renewable energy developments form part of this application NATIONAL GRID CORRIDOR The proposal is not within the National Grid Corridor AFFECTED PARTIES Land Use The extinguishing of the amalgamation condition is not considered to have effects beyond the property boundary. The use of the site remains the same residential accommodation, amongst neighbouring residential uses. Given the application is about amending the tenure with all other elements remaining the same it is considered there are no affected parties. The applicant is nonetheless consulting with the two adjoining land owners. Overall in terms of the subdivision, while the application is a Non-Complying activity, as mentioned in the sections above the activity is within the existing environment and is in keeping with the character of the surrounding area and will be consistent with the existing subdivision patterns There are no effects on the environment created by this application from those which may be present. It is however acknowledged that by surrendering the land use consent for The Retreat this will remove the large number of guest vehicles accessing the property. It will also reduce the consumption of water and corresponding production of waste water. These are all positive effects upon the environment. Summary 8.23 Based on the above analysis, the potential effects of the proposal on the environment are considered to be de minimis and less than minor.

19 9.0 OBJECTIVES AND POLICIES NZ Coastal Policy Statement Table 6 Review of Objectives of NZCPS 2010 No. Objectives/Policies Comments Objectives 1 To safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems, including marine and intertidal areas, estuaries, dunes and land, by: maintaining or enhancing natural biological and physical processes in the coastal environment and recognising their dynamic, complex and interdependent nature; protecting representative or significant natural ecosystems and sites of biological importance and maintaining the diversity of New Zealand s indigenous coastal flora and fauna; and maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 2 To preserve the natural character of the coastal environment and protect natural features and landscape values through: recognising the characteristics and qualities that contribute to natural character, natural features and landscape values and their location and distribution; identifying those areas where various forms of subdivision, use and development would be inappropriate and protecting them from such activities; and encouraging restoration of the coastal environment. 3 To take account of the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in management of the coastal environment by: recognising the ongoing and enduring relationship of tangata whenua over their lands, rohe and resources; promoting meaningful relationships and interactions between tangata whenua and persons exercising functions and powers under the Act; incorporating mätauranga Māori into sustainable management practices; and recognising and protecting characteristics of the coastal environment that are of special value to tangata whenua. 4 To maintain and enhance the public open space qualities and recreation opportunities of the coastal environment by: recognising that the coastal marine area is an extensive area of public space for the public to use and enjoy; maintaining and enhancing public walking access to and along the coastal marine area without charge, and where there are exceptional reasons that mean this is not practicable providing alternative linking access close to the coastal marine area; and recognising the potential for coastal processes, including those likely to be affected by climate change, to restrict access to the coastal environment and the need to ensure that public access is maintained even when the coastal marine area advances inland. The proposal is not contrary to this objective as it does not affect the integrity, form, functioning or resilience of the coastal environment in its vicinity. The allotment is physically separated from the shoreline by the Common Access, the elevation and will not interfere with coastal processes, biota, water quality or recreational use of the Coastal Marine Area. The application site is in a location which has already been modified through what is effectively residential development within a coastal setting. The site sits amongst adjoining built form such as The Retreat and other residential development. The proposal is compatible with the character of the locality as it exists and does not diminish the relatively low degree of natural character it currently possesses. The District Plan has not identified the site or its immediate environs as containing any sites of significance to Maori. Use of the adjacent coastal waters is not affected by the application. Public access to the foreshore is only attainable via access from the Coastal Marine Area. The application does not affect these factors. And the application to the extent recognising coastal processes in terms of sitting outside the 1:50 year return period for tsunami events.

20 No. Objectives/Policies Comments 5 To ensure that coastal hazard risks taking account of climate change, are managed by: locating new development away from areas prone to such risks; considering responses, including managed retreat, for existing development in this situation; and protecting or restoring natural defences to coastal hazards. 6 To enable people and communities to provide for their social, economic, and cultural wellbeing and their health and safety, through subdivision, use, and development, recognising that: the protection of the values of the coastal environment does not preclude use and development in appropriate places and forms, and within appropriate limits; some uses and developments which depend upon the use of natural and physical resources in the coastal environment are important to the social, economic and cultural wellbeing of people and communities; functionally some uses and developments can only be located on the coast or in the coastal marine area; the coastal environment contains renewable energy resources of significant value; the protection of habitats of living marine resources contributes to the social, economic and cultural wellbeing of people and communities; the potential to protect, use, and develop natural and physical resources in the coastal marine area should not be compromised by activities on land; the proportion of the coastal marine area under any formal protection is small and therefore management under the Act is an important means by which the natural resources of the coastal marine area can be protected; historic heritage in the coastal environment is extensive but not fully known, and vulnerable to loss or damage from inappropriate subdivision, use, and development. 7 To ensure that management of the coastal environment recognises and provides for New Zealand s international obligations regarding the coastal environment, including the coastal marine area. The application is replicating the existing situation whereupon coastal hazards have been identified subsequent to the development of the site. The application is not introducing any new development. The proposal does not have effects on renewable energy resources, habitats, natural and physical resources in the Coastal Marine Area, historic heritage or any areas under formal protection and does not have any functional dependency on the Coastal Marine Area. The extent to which this proposal meets this objective is therefore dependent on whether its location and form are within appropriate limits and whether it is important to the wellbeing of people and communities. This will be discussed separately below as this is the objective most relevant to this proposal. This is not relevant to this particular application. 9.1 The analysis above identified objective 6 as the one most relevant to this proposal. The extent to which this objective is met is therefore dependent on whether the location and form are appropriate, whether the outcome exceeds appropriate limits, and whether it is important to the wellbeing of people and communities. 9.2 The result of the subdivision is that all of the existing physical features and characteristics remain the same. What is changing is the tenure of Area 3 in a manner that is can be sold independent of Area 2. Both Area 3 and Area 2 would remain within and be subject to the restrictions that existing in the Covenant Area B. The site itself is part an isolated area of General Coastal Zoning applied to a properties located up to the foreshore between Mahinepua Road, Wainui Road and the Wainui Valley Road community. Areas 2 and 3 sit with identified landscape units as defined under the District Plan and the RPS. 9.3 The Context section of the General Coastal Zone describes the zoning as being generally rural, having a coastal focus and with natural character predominating. At this location the land is not typically rural as it accommodates rural residential or lifestyle development, both of which are accepted functions of a rural area and which will continue after subdivision. Its value for intensive rural production uses is extremely low.

21 9.4 In terms of a coastal focus, the land is coastal purely as a result of its location adjoining the Coastal Marine Area with views across Rapaki Bay, factors which are of more relevance to the owners of the land than to the public generally. The coastal values of the locality are derived from its association with the wider Mahinepua Bay, its semi circular shape, its relative shallowness and the presence of the dramatic coastal landforms represented in the rocky formations and headlands none of which is affected by this proposal. These features being reflected within the picture below With respect to natural character, it is difficult to argue that the site has a predominantly natural character notwithstanding the RPS mapping exercise has applied High Natural Landscape classification to the land. With the presence of built form and the absence of a strong natural coastal focus any high degree of natural character is wanting. Notwithstanding this comment the built form remains the same along with the intensive landscaping which has been undertaken on the property. 9.6 The General Coastal Zone context in the District Plan also talks about the more stringent controls for the zone reflecting the inherent sensitivity of the coastal and marine environment and their vulnerability to change and development. Based on the discussion above, the risk of adverse effects on the coastal environment is considered to be one of landscape and visual factors. Neither of these are being altered by the application. 9.7 The proposal is therefore considered to be appropriate development in this particular location. 9.8 Objective 6 is supported by Policy 6, items relevant to this application being: (f) consider where development that maintains the character of the existing built environment should be encouraged, and where development resulting in a change in character would be acceptable. (i) set back development from the coastal marine area and other water bodies, where practicable and reasonable, to protect the natural character, open space, public access and amenity values of the coastal environment; (j) where appropriate, buffer areas and sites of significant indigenous biological diversity, or historic heritage value.

22 9.9 The discussion in the AEE demonstrated that the proposal does not give rise to a change in character in terms of building density and neither does it affect the natural character, open space, public access to amenity values of the coastal environment as described above. The application is therefore considered to be appropriate at this location and gives effect to the provisions of the NZCPS. Regional Policy Statement 9.10 The relevant objectives and policies of the Regional Policy Statement are considered below [Table 7 ]. Table 7 Objectives and Policies of the Proposed Regional Policy Statement Objectives and Policies 3.4 Objective - Indigenous ecosystems and biodiversity Safeguard Northland s ecological integrity by: a) Protecting areas of significant indigenous vegetation and significant habitats of indigenous fauna; b) Maintaining the extent and diversity of indigenous ecosystems and habitats in the region; and c) Where practicable, enhancing indigenous ecosystems and habitats, particularly where this contributes to the reduction in the overall threat status of regionally and nationally threatened species. 3.5 Objective - Enabling economic wellbeing Northland s natural and physical resources are sustainably managed in a way that is attractive for business and investment that will improve the economic wellbeing of Northland and its communities. 3.6 Objective Economic Activities reverse sensitivity and sterilisation The viability of land and activities important for Northland s economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either: (a) Reverse sensitivity for existing: (i) Primary production activities; (ii) Industrial and commercial activities; (iii) Mining*; or (iv) Existing and planned regionally significant infrastructure; or (b) Sterilisation of: (i) Land with regionally significant mineral resources; or (ii) Land which is likely to be used for regionally significant infrastructure. Performance of Proposal The creation of Area 3 does not require the effect which are present in developing a green fields property. The landscaping which has been planted and the other vegetation on the site is not required to be disturbed. This gives effect to the objective through the protection of the habitat values on this site. The ability to dispose of one Area from the other will have immediate financial implications that would support Northlands economy. Directly the Council would attain a new rating unit as well as additional business support and investment from the sale and purchase of the sites. The subject site is currently utilised for residential purposes with the remainder of the site containing landscaping. Given that the subdivision will only change the tenure of Area 3 and having no physical effects including retention of the landscaping required by the resource consent approval any reverse sensitivity impacts are considered no more than minor. The remaining factors would not apply.

23 Objectives and Policies 3.11 Objective Regional Form Northland has sustainable built environments that effectively integrate infrastructure with subdivision, use and development, and have a sense of place, identity and a range of lifestyle, employment and transport choices Objective Natural Hazard risk The risks and impacts of natural hazard events (including the influence of climate change) on people, communities, property, natural systems, infrastructure and our regional economy are minimised by: (a) Increasing our understanding of natural hazards, including the potential influence of climate change on natural hazard events; (b) Becoming better prepared for the consequences of natural hazard events; (c) Avoiding inappropriate new development in 10 and 100 year flood hazard areas and coastal hazard areas; (d) Not compromising the effectiveness of existing defences (natural and manmade); (e) Enabling appropriate hazard mitigation measures to be created to protect existing vulnerable development; and (f) Promoting long-term strategies that reduce the risk of natural hazards impacting on people and communities. (g) Recognising that in justified circumstances, critical infrastructure may have to be located in natural hazard-prone areas Objective Natural character, outstanding natural features, outstanding natural landscapes and historic heritage Identify and protect from inappropriate subdivision, use and development; (a) The qualities and characteristics that make up the natural character of the coastal environment, and the natural character of freshwater bodies and their margins; (b) The qualities and characteristics that make up outstanding natural features and outstanding natural landscapes; (c) The integrity of historic heritage Policy Water Harvesting, storage and conservation Recognise and promote the benefits of water harvesting, storage, and conservation measures. Performance of Proposal The explanation for this objective states: It is acknowledged that rural settings are largely made up of businesses (including but not limited to primary production and their support industries). The objective seeks development that is compatible with surrounding uses and values, is served by an appropriate level of infrastructure and is appropriate within the context of the surrounding environment. As discussed in the description of the local environment and in the AEE, the activity is considered appropriate and compatible with surrounding land uses. Appropriate infrastructure is in place. The Regional Council Mapping system places part of the site within a Tsunami Risk area. The existing Areas 2 and 3 sits outside the 1:500 year event. The application cannot alter this situation. The AAE records the sites intrinsic characteristics relative to these factors. The proposal involves nothing which would interfere with, diminish nor create effects upon those factors. No reticulated water supply is available for the site. Area 3 already has an on site water supply.

24 4.6.1 Policy Managing effects on natural character, features / landscapes and heritage (a) Avoid adverse effects of subdivision use, and development on the characteristics and qualities which make up the outstanding values of areas of outstanding natural character, outstanding natural features and outstanding natural landscapes. b) Where (a) does not apply, avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of subdivision, use and development on natural character, natural features and natural landscapes. Methods which may achieve this include: (i) Ensuring the location, intensity, scale and form of subdivision and built development is appropriate having regard to natural elements, landforms and processes, including vegetation patterns, ridgelines, headlands, peninsulas, dune systems, reefs and freshwater bodies and their margins; and (ii) In areas of high natural character, minimising to the extent practicable indigenous vegetation clearance and modification (including earthworks / disturbance, structures, discharges and extraction of water) to natural wetlands, the beds of lakes, rivers and the coastal marine area and their margins; and (iii) Encouraging any new subdivision and built development to consolidate within and around existing settlements or where natural character and landscape has already been compromised. (2) Outside the coastal environment avoid significant adverse effects and avoid, remedy or mitigate other adverse effects (including cumulative adverse effects) of subdivision, use and development on the characteristics and qualities of outstanding natural features and outstanding natural landscapes and the natural character of freshwater bodies. Methods which may achieve this include: a) In outstanding natural landscapes, requiring that the location and intensity of subdivision, use and built development is appropriate having regard to, natural elements, landforms and processes, including vegetation patterns, ridgelines and freshwater bodies and their margins; b) In outstanding natural features, requiring that the scale and intensity of earthworks and built development is appropriate taking into account the scale, form and vulnerability to modification of the feature; (c) Minimising, indigenous vegetation clearance and modification (including earthworks / disturbance and structures) to The development does not involve any activities that would affect these factors. In this regard while the decision to approve the dwelling within Area 3 was under the former RPS there is nothing to suggest the assessment at that time did not address the matters within this new Policy. The consideration of the NZCPS at that time would have also taken these factors into account.

25 Objectives and Policies natural wetlands, the beds of lakes, rivers and their margins. (3) When considering whether there are any adverse effects on the characteristics and qualities9 of the natural character, natural features and landscape values in terms of (1)(a), whether there are any significant adverse effects and the scale of any adverse effects in terms of (1)(b) and (2), and in determining the character, intensity and scale of the adverse effects: a) Recognise that a minor or transitory effect may not be an adverse effect; b) Recognise that many areas contain ongoing use and development that: (i) Were present when the area was identified as high or outstanding or have subsequently been lawfully established (ii) May be dynamic, diverse or seasonal; c) Recognise that there may be more than minor cumulative adverse effects from minor or transitory adverse effects; and d) Have regard to any restoration and enhancement on the characteristics and qualities of that area of natural character, natural features and/or natural landscape. Performance of Proposal

26 Objectives and Policies 5.1 Policy Planned and co-ordinated development Subdivision, use and development should be located, designed and built in a planned and co-ordinated manner which: (a) Is guided by the Regional Form and Development Guidelines in Appendix 2; (b) Is guided by the Regional Urban Design Guidelines in Appendix 2 when it is urban in nature; (c) Recognises and addresses potential cumulative effects of subdivision, use, and development, and is based on sufficient information to allow assessment of the potential long-term effects; (d) Is integrated with the development, funding, implementation, and operation of transport, energy, water, waste, and other infrastructure; (e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity; (f) Ensures that plan changes and subdivision to / in a primary production zone, do not materially reduce the potential for soilbased primary production on land with highly versatile soils, or if they do, the net public benefit exceeds the reduced potential for soil-based primary production activities; and (h) Maintains or enhances the sense of place and character of the surrounding environment except where changes are anticipated by approved regional or district council growth strategies and / or district or regional plan provisions. (i) Is or will be serviced by necessary infrastructure. Note: in determining the appropriateness of subdivision, use and development (including development in the coastal environment see next policy), all policies and methods in the Regional Policy Statement must be considered, particularly policies relating to natural character, features and landscapes, heritage, natural hazards, indigenous ecosystems and fresh and coastal water quality. Performance of Proposal With respect to Clause (a), Part A of Appendix 2 refers to Regional Form And Development Guidelines for new subdivision use and development while Part B contains Regional Urban Design Guidelines. In summary, the guidelines in Part A require new subdivision, use and development to: have appropriate infrastructure; be located away from significant regional infrastructure and resources; be directed away from areas at risk from natural hazards and area with significant values; avoid adverse effects on hydrological characteristics and processes; adopt suitable design technologies; consider effects on tangata whenua values; take account of relevant growth strategies; and encourage housing choice and business opportunities in urban areas. The proposal is existing and does not conflict with the matters detailed within the Policy. The design guidelines in Part B are of limited relevance to this application given the existence of the dwelling house however stating this it is considered the layout, setting, design and integration of the dwelling attains the purposes of the Policy. The AEE has already addressed incompatibility issues with the conclusion that they will not arise. Regarding item (f), the soils on site are not considered to be highly versatile by the Regional Policy Statement. Item (h) refers to maintaining or enhancing the sense of place and character of the surrounding environment which is noted within the AEE. To summarise, the existing dwelling house is accommodated within the overall scope of this policy. Highly versatile soils are Land Use Capability Classes 1c1, 2e1, 2w1, 2w2, 2s1, 3e1, 3e5, 3s1,3s2, 3s4 - as mapped in the New Zealand Land Resource Inventory.

27 Objectives and Policies Policy Avoiding the adverse effects of new use(s) and development Avoid the adverse effects, including reverse sensitivity effects of new subdivision, and development, particularly residential development on the following: (a) Primary production activities in primary production zones (including within the coastal marine area); (b) Commercial and industrial activities in commercial and industrial zones; ( c) The operation, maintenance or upgrading of existing or planned regionally significant infrastructure; and (d) The use and development of regionally significant mineral resources Policy General risk management approach Subdivision, use and development of land will be managed to minimise the risks from natural hazards by: (a) Seeking to use the best available information, including formal risk management techniques in areas potentially affected by natural hazards; (b) Minimising any increase in vulnerability due to residual risk; (c) Aligning with emergency management approaches (especially risk reduction); (d) Ensuring that natural hazard risk to vehicular access routes and building platforms for proposed new lots is considered when assessing subdivision proposals; and (e) Exercising a degree of caution that reflects the level of uncertainty as to the likelihood or consequences of a natural hazard event. District Plan Objectives and Policies Performance of Proposal Reverse sensitivity effects are not anticipated as the proposal will be consistent with neighbouring development patterns in the area. As noted above the site is impacted by a natural hazards namely the potential tsunami risk. Given that Area 3 sits outside the 1:500 year event and the dwelling already exists the change in tenure does not alter this threat. The impacts of this is considered no more than minor The relevant objectives and policies of the DP are those related to the Coastal Environment in general, the General Coastal Zone, and Subdivision The objectives and policies for subdivision are assessed in Table 8 below.

28 Table 8 Objectives and Policies for the Coastal Environment OBJECTIVE OR POLICY OBJECTIVES To manage coastal areas in a manner that avoids adverse effects from subdivision, use and development. Where it is not practicable to avoid adverse effects from subdivision use or development, but it is appropriate for the development to proceed, adverse effects of subdivision use or development should be remedied or mitigated To preserve, and where appropriate in relation to other objectives, to restore, rehabilitate protect or enhance: the natural character of the coastline and coastal environment; areas of significant indigenous vegetation and significant habitats of indigenous fauna; outstanding landscapes and natural features; the open space and amenity values of the coastal environment; water quality and soil conservation (insofar as it is within the jurisdiction of the Council) To engage effectively with Maori to ensure that their relationship with their culture and traditions and taonga is identified, recognised and provided for To maintain and enhance public access to and along the coast whilst ensuring that such access does not adversely affect the natural and physical resources of the coastal environment, including Maori cultural values and public health and safety To secure future public access to and along the coast, lakes and rivers (including access for Maori) through the development process and specifically in accordance with the Esplanade Priority areas maps in the District Plan To minimise adverse effects from activities in the coastal environment that cross the Coastal Marine Area boundary To avoid, remedy or mitigate adverse effects on the environment through the provision of adequate land-based services for mooring areas, boat ramps and other marine facilities To ensure provision of sufficient water storage to meet the needs of coastal communities all year round. PERFORMANCE OF PROPOSAL There will be no adverse impacts as a result of this activity. Area 3 has an existing dwelling and there are no changes to the Covenant Area which surrounds the dwelling. Area 3 is unable to give effect to this Objective however the Covenant Area B has been landscape and developed to restore and rehabilitate the coastal environment. Further landscaping will be under taken and is being offered by the applicants as a condition of consent. There would not appear to be matters within the application which would transgress the outcomes sought by this Objective. The property does not adjoin the coastal marine area as the Common Area is not part of the site. Access to and along the coast is therefore not applicable. The property does not adjoin the coastal marine area as the Common Area is not part of the site. Access to and along the coast is therefore not applicable. This does not form part of the application. Not applicable. The existing dwelling on Area 3 has these services in place.

29 OBJECTIVE OR POLICY To facilitate the sustainable management of natural and physical resources in an integrated way to achieve superior outcomes to more traditional forms of subdivision, use and development through management plans and integrated development. POLICIES That the Council only allows appropriate subdivision, use and development in the coastal environment. Appropriate subdivision use and development is that where the activity generally: (a) recognises and provides for those features and elements that contribute to the natural character of an area that may require preservation, restoration or enhancement; and (b) is in a location and of a scale and design that minimises adverse effects on the natural character of the coastal environment; and (c) has adequate services provided in a manner that minimises adverse effects on the coastal environment and does not adversely affect the safety and efficiency of the roading network; and (d) avoids, as far as is practicable, adverse effects which are more than minor on heritage features, outstanding landscapes, cultural values, significant indigenous vegetation and significant habitats of indigenous fauna, amenity values of public land and waters and the natural functions and systems of the coastal environment; and (e) promotes the protection, and where appropriate restoration and enhancement, of areas of significant indigenous vegetation and significant habitats of indigenous fauna; and (f) recognises and provides for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga; and (g) where appropriate, provides for and, where possible, enhances public access to and along the Coastal Marine Area; and (h) gives effect to the New Zealand Coastal Policy Statement and the Regional Policy Statement for Northland. PERFORMANCE OF PROPOSAL Not necessary given the nature and scale of the activity. The vegetation around Area 3 is already subject to protection mechanisms and will not be impacted by this development. The application involves the tenure of this existing dwelling which is located immediately to adjacent dwellings such that the site blends in with the surrounding development. Adequate services have been provided for on-site. The application can adequately give effect to the NZCPS as previously noted.

30 OBJECTIVE OR POLICY That sprawling or sporadic subdivision and development in the coastal environment be avoided through the consolidation of subdivision and development as far as practicable, within or adjoining built up areas, to the extent that this is consistent with the other objectives and policies of the Plan That the ecological values of significant coastal indigenous vegetation and significant habitats are maintained in any subdivision, use or development in the coastal environment That public access to and along the coast be provided, where it is compatible with the preservation of the natural character, and amenity, cultural, heritage and spiritual values of the coastal environment, and avoids adverse effects in erosion prone areas; That access by tangata whenua to ancestral lands, sites of significance to Maori, maahinga mataitai, taiapure and kaimoana areas in the coastal marine area be provided for in the development and ongoing management of subdivision and land use proposals and in the development and administration of the rules of the Plan and by non-regulatory methods. Refer Chapter 2, and in particular Section 2.5, and Council's Tangata Whenua Values and Perspectives(2004) That activities and innovative development including subdivision, which provide superior outcomes and which permanently protect, rehabilitate and/or enhance the natural character of the coastal environment, particularly through the establishment and ongoing management of indigenous vegetation and habitats, will be encouraged by the Council To ensure the adverse effects of landbased activities associated with maritime facilities including mooring areas and boat ramps are avoided, remedied or mitigated through the provision of adequate services, including where appropriate: (a) parking (b) rubbish disposal (c) waste disposal (d) dinghy racks That development avoids, remedies or mitigates adverse effects on the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. PERFORMANCE OF PROPOSAL The activity does not cause conflict with this Policy. The dwelling is located within a consolidated area and the change in tenure has no effect upon this. There will be no changes to the existing bush subject to protection measures. The property does not adjoin the coastal marine area as the Common Area is not part of the site. Access to and along the coast is therefore not applicable. No sites of significance to Maori have been identified within the District Plan. While these factors are generally applied to management plan subdivisions the Covenant Area B has been landscape and would remain consequent to the application being approved. The proposal does constitute efficient use of the property given its location, ease of servicing and physical characteristics. The remaining factors would not apply. This policy is considered to be met by the proposal taking into account that during the processing of the two previous land use consents no matters were raised by the local people.

31 OBJECTIVE OR POLICY That development avoids, where practicable, areas where natural hazards could adversely affect that development and/or could pose a risk to the health and safety of people To take into account the need for a yearround water supply, whether this involves reticulation or on-site storage, when considering applications for subdivision, use and development To promote land use practices that minimise erosion and sediment run-off, and storm water and waste water from catchments that have the potential to enter the Coastal Marine Area That the adverse effects of development on the natural character and amenity values of the coastal environment will be minimised through: (a) the siting of buildings relative to the skyline, ridges, headlands and natural features; (b) the number of buildings and intensity of development; (c) the colour and reflectivity of buildings; (d) the landscaping (including planting) of the site; (e) the location and design of vehicle access, manoeuvring and parking areas. PERFORMANCE OF PROPOSAL The tsunami effects which mapped appear excessive given the topography of the site. It is not practical to avoid this situation. The dwelling house already has an on site water supply. The activity does not involve any disturbance to the ground or other physical works. The matters within the Policy are therefore not affected. These factors have all been taken into account through the resource consent which approved the establishment of the dwelling house. Table 9 Objectives and Policies for the General Coastal Zone OBJECTIVE/POLICY OBJECTIVES To provide for appropriate subdivision, use and development consistent with the need to preserve its natural character To preserve the natural character of the coastal environment and protect it from inappropriate subdivision, use and development To manage the use of natural and physical resources (excluding minerals) in the general coastal area to meet the reasonably foreseeable needs of future generations. POLICIES PERFORMANCE OF PROPOSAL This has been analysed in the AEE with the conclusion that the proposal is appropriate in this particular location given the existing characteristics of the site. The AEE concluded that the proposal is appropriate. People will always have a desire to live near the coast and enjoy the natural landscapes and recreational opportunities it provides. This proposal creates minimal impact on the landscape of the coastal environment in this locality.

32 OBJECTIVE/POLICY That a wide range of activities be permitted in the General Coastal Zone, where their effects are compatible with the preservation of the natural character of the coastal environment That the visual and landscape qualities of the coastal environment in be protected from inappropriate subdivision, use and development Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the zone in regards to s6 matters, and shall avoid adverse effects as far as practicable by using techniques including: (a) clustering or grouping development within areas where there is the least impact on natural character and its elements such as indigenous vegetation, landforms, rivers, streams and wetlands, and coherent natural patterns; (b) minimising the visual impact of buildings, development, and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (c) providing for, through siting of buildings and development and design of subdivisions, legal public right of access to and use of the foreshore and any esplanade areas; (d) through siting of buildings and development, design of subdivisions and provision of access, that recognise and provide for the relationship of Maori with their culture, traditions and taonga including concepts of mauri, tapu, mana, wehi and karakia and the important contribution Maori culture makes to the character of the District. (Refer Chapter 2 and in particular Section 2.5 and Council s Tangata Whenua Values and Perspectives (2004) ; (e) providing planting of indigenous vegetation in a way that links existing habitats of indigenous fauna and provides the opportunity for the extension, enhancement or creation of habitats for indigenous fauna, including mechanisms to exclude pests; (f) protecting historic heritage through the siting of buildings and development and design of subdivisions That controls be imposed to ensure that the potentially adverse effects of activities are avoided, remedied or mitigated as far as practicable Maori are significant land owners in the General Coastal Zone and therefore activities in the zone should recognise and provide for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga and shall take into account the principles of the Treaty of Waitangi. PERFORMANCE OF PROPOSAL As discussed in the AEE the proposal does not have adverse effects on the natural character of this part of the coastal environment. The analysis in the AEE concluded that the development is appropriate and that any adverse effect on landscape and visual aspects would be de minimis or less than minor. Most of the techniques described in the policy are neither relevant nor necessary as the scale of the proposal and the nature of the site do not warrant such measures. There are not considered to be any adverse effects form the activity being sought. There are no identified sites of special significance to Maori on the site as defined within the District Plan. Protocols are not considered to be necessary as no new development of the site is taking place.

33 OBJECTIVE/POLICY The design, form, location and siting of earthworks shall have regard to the natural character of the landscape including terrain, landforms and indigenous vegetation and shall avoid, remedy or mitigate adverse effects on those features. PERFORMANCE OF PROPOSAL All physical work has been undertaken and completed. The effects identified do not apply to the application. Table 10 Objectives and Policies for Subdivision OBJECTIVE OR POLICY OBJECTIVES To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and the social, economic and cultural well being of people and communities. To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly or indirectly from subdivision, including reverse sensitivity effects, are avoided, remedied or mitigated. To ensure that the subdivision of land does not jeopardise the protection of outstanding landscapes or natural features in the coastal environment. To ensure that subdivision does not adversely affect scheduled heritage resources through alienation of the resource from its immediate setting/context. To ensure that all new subdivisions provide a reticulated water supply and/or on-site water storage sufficient to meet the needs of the activities that will establish all year round. To encourage innovative development and integrated management of effects between subdivision and land use which results in superior outcomes to more traditional forms of subdivision, use and development, for example the protection, enhancement and restoration of areas and features which have particular value or may have been compromised by past land management practices. PERFORMANCE OF PROPOSAL The Plan describes the General Coastal Zone as including controls on development to preserve the natural character of the coastal environment and protect it from inappropriate subdivision and use. The AEE and the earlier discussions in respect of the policy framework have demonstrated that the development is appropriate. The natural character of the coastal setting has been modified through the built form on this and adjoining sites. The application does not alter the effects upon the natural character and will promote the social and economic well being of the applicants. The proposed subdivision is considered appropriate because of the particular characteristics of the site, its location within a small cluster of development, and by reason the assessment of effects identified no adverse effects. The site and the land in the vicinity do possess such values or features. These are not affected by the application. No heritage resources have been identified on the property or in the vicinity. Sufficient water supply is already secured through roof collection. The nature and scale of the proposal would not suit this type of application.

34 OBJECTIVE OR POLICY POLICIES To ensure the relationship between Maori and their ancestral lands, water, sites, wahi tapu and other taonga is recognised and provided for That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the use of those allotments on: (a) natural character, particularly of the coastal environment; (b) ecological values; (c) landscape values; (d) amenity values; (e) cultural values; (f) heritage values; and (g) existing land uses That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties That natural and other hazards be taken into account in the design and location of any subdivision That in any subdivision where provision is made for connection to utility services, the potential adverse visual impacts of these services are avoided That access to, and servicing of, the new allotments be provided for in such a way as will avoid, remedy or mitigate any adverse effects on neighbouring property, public roads, and the natural and physical resources of the site caused by silt runoff, traffic, excavation and filling and removal of vegetation That any subdivision proposal provides for the protection, restoration and enhancement of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, threatened species, the natural character of the coastal environment and riparian margins, and outstanding landscapes and natural features where appropriate. PERFORMANCE OF PROPOSAL The land has been developed for a considerable length of time and there are no identified sites of special significance to Maori on the site as identified within the District Plan. The size of the property Area 3 has already been determined through the creation of the cross lease area. The special features of significance within the Policy are not affected nor present on the property. This has been achieved through making use of the existing access points authorised in terms of the land use consent and subsequent cross lease approval. The land is included in coastal hazard mapping categories produced for Northland Regional Council. The application does not increase the degree of this natural hazard. The only reticulated services required are power and telephone which are already available and have been supplied to the existing dwelling. The subdivision uses the existing access points from Mahinepua Road. The application site does possess such attributes and these are not affected by the change in the tenure.

35 OBJECTIVE OR POLICY That the need for a financial contribution be considered only where the subdivision would: (a) result in increased demands on car parking associated with non-residential activities; or (b) result in increased demand for esplanade areas; or (c) involve adverse effects on riparian areas; or (d) depend on the assimilative capacity of the environment external to the site That the provision of water storage be taken into account in the design of any subdivision That bonus development donor and recipient areas be provided for so as to minimise the adverse effects of subdivision on Outstanding Landscapes and areas of significant indigenous flora and significant habitats of fauna The Council will recognise that subdivision within the Conservation Zone that results in a net conservation gain is generally appropriate That subdivision recognises and provides for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga and shall take into account the principles of the Treaty of Waitangi That more intensive, innovative development and subdivision which recognises specific site characteristics is provided for through the management plan rule where this will result in superior environmental outcomes. PERFORMANCE OF PROPOSAL The application site is already separated from the shoreline by the Common Access whereupon no esplanade is capable of being applied. See Objective above. This is not relevant. This is not relevant. See Objective above. This is not relevant.

36 OBJECTIVE OR POLICY Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the applicable zone in regards to s6 matters, and shall avoid adverse effects as far as practicable by using techniques including: (a) clustering or grouping development within areas where there is the least impact on natural character and its elements such as indigenous vegetation, landforms, rivers, streams and wetlands, and coherent natural patterns; (b) minimising the visual impact of buildings, development, and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (c) providing for, through siting of buildings and development and design of subdivisions, legal public right of access to and use of the foreshore and any esplanade areas; (d) through siting of buildings and development, design of subdivisions, and provision of access that recognise and provide for the relationship of Maori with their culture, traditions and taonga including concepts of mauri, tapu, mana, wehi and karakia and the important contribution Maori culture makes to the character of the District (refer Chapter 2 and in particular Section 2.5 and Council s Tangata Whenua Values and Perspectives (2004); (e) providing planting of indigenous vegetation in a way that links existing habitats of indigenous fauna and provides the opportunity for the extension, enhancement or creation of habitats for indigenous fauna, including mechanisms to exclude pests; (f) protecting historic heritage through the siting of buildings and development and design of subdivisions That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. PERFORMANCE OF PROPOSAL Most of the techniques described in the policy are neither relevant nor necessary as the scale of the proposal and the nature of the site do not warrant such measures. The building already exists and has been authorised taking into account the coastal setting. These have been taken into account in broad terms in the discussion preceding this table Overall it is considered that the objectives and policies for the Coastal Environment, the General Coastal Zone and the Subdivision chapter are attained by the proposal. This is a result of both the physical and locational characteristics of the site and the absence of any additional works required to give effect to the consent. The proposal is compatible with adjoining land uses and its development does not threaten the overall values of that environment as a whole.

37 10.0 ESPLANADE CONSIDERATIONS 10.1 By reason of a subdivision and or land use application Council has the potential to consider whether or not an esplanade should be taken over the land the subject of the application. When considering this aspect it is necessary to assess the past decisions of Council relative to creating an esplanade as well as the statutory framework Tables 1 and 2 summarised the consenting process in terms of the creating all of the underlying cross lease approvals and that of the land use consents involved. In every situation no esplanade was required The original cross lease approved in 1990 which created DP was undertaken in terms of the former Whangaroa County Council District Scheme First Review. Within this Transitional District Plan Clause of the Scheme Statement states Reserves Bordering Areas of Water Section 289 of the Local Government Act provides generally for the provision of reserves on subdivision for lands bordering water. These reserves, for the protection of the environment, are to be a width of not less than 20m The document identified the site within the Rural Zone whereupon this zone had no minimum lot size. The Council taking a flexible approach to the subdivision of land Given the specified clause above it is assumed Council had turned its mind to not require any esplanade in approving the subdivision RC enabled the approval for The Retreat building. During the processing of that application Council was offered an esplanade strip of 12.0m in width. Council did not apply any requirement for an esplanade in granting consent to the land use consent RC which created The Retreat Area 2 was approved at a time when cross lease areas under the PDP did not constitute a site however Council did determine the following The proposal is to cross lease Flat 2, an existing dwelling. As the application creates no additional development rights and only amends the form of tenure of the site, it is considered that there will be no change in environmental effects. Council has determined not to require the provision of an esplanade reserve due to fiscal considerations, the amount of potential use and the minor nature of the subdivision. Due to the dwelling being in existence, no reserves contribution is payable in accordance with Council policy Council would have had to assess the subdivision under the following rule (a)(i) (a) The Council will require a financial contribution of an esplanade reserve or strip in the following circumstances:

38 (i) where lots less than 4ha in area are created along the edge of the coastal marine area, or along the bank of any river with a bed having an average width of 3m or more, or along the margin of any lake whose bed has an area of 8ha or more an esplanade reserve or strip will be required; 10.9 By not applying the requirement for an esplanade Council would have applied the following rule WAIVERS AND REDUCTIONS (a) Notwithstanding Rule the Council may, upon application and at its discretion, reduce or waive any required financial contribution, esplanade reserve or strip, after considering the following matters: (i) the purpose of the particular contribution; (ii) the extent to which the proposed activity generates those adverse effects which the particular contribution provides for the mitigation or remediation of; (iii) the extent to which measures, either on-site or elsewhere, are proposed or provided which achieve the purpose of the particular contribution (in perpetuity); (iv) the history of previous financial contributions related to the site, including the amount of and reason for any previous contributions; and (v) the extent to which any charge is fair and reasonable RC to create the caretakers cottage, now known as Area 3, was approved without any esplanade being required. To not have required any esplanade Council would have turned its mind to Rule (a) (iii) which applied at that time which states (a) The Council will require a financial contribution of an esplanade reserve or strip in the following circumstances: (iii) where any land use requires a resource consent for an activity or activities and the Council considers it necessary to require an esplanade reserve or strip for any of the purposes outlined in s229 of the Act, an esplanade reserve or strip may be required; RC which created Areas 2 and 3 was determined by Council and approved without requiring any esplanade. Council would have assessed the subdivision under the following rule (a)(i) (a) The Council will require a financial contribution of an esplanade reserve or strip in the following circumstances: (i) where lots less than 4ha in area are created along the edge of the coastal marine area, or along the bank of any river with a bed having an average width of 3m or more, or along the margin of any lake whose bed has an area of 8ha or more an esplanade reserve or strip will be required; By not applying the requirement for an esplanade Council would have applied the following rule WAIVERS AND REDUCTIONS (a) Notwithstanding Rule the Council may, upon application and at its discretion,

39 reduce or waive any required financial contribution, esplanade reserve or strip, after considering the following matters: (i) the purpose of the particular contribution; (ii) the extent to which the proposed activity generates those adverse effects which the particular contribution provides for the mitigation or remediation of; (iii) the extent to which measures, either on-site or elsewhere, are proposed or provided which achieve the purpose of the particular contribution (in perpetuity); (iv) the history of previous financial contributions related to the site, including the amount of and reason for any previous contributions; and (v) the extent to which any charge is fair and reasonable In regard to the consideration of an esplanade Council has been consistent in not requiring any esplanade in terms of cross lease subdivision. Conversely Council did seek to apply an esplanade strip of some 10.0m width along the foreshore in relation to RC RMASUB. That application sought to create freehold titles over the existing cross lease areas A and B. The application was withdrawn by that applicant With respect to this application, which is only related to a single cross lease that already exists, there is nothing to suggest that Council should adopt a different approach in not applying any esplanade to a cross lease subdivision. As noted above in every instance which involves a cross lease application no esplanade has been required which is reinforced in Council not requiring any esplanade when the resource consent for the caretakers dwelling was approved In further support that an esplanade is not appropriate nor required the following addresses the factors within Rule (i) the purpose of the particular contribution; The purpose of the proposed contribution is to achieve the purposes of Section 229 of the Act. In summary Section 229(a) would not apply and neither would subsection (c). The only relevant matter being subsection (b) which seeks to provide for access to and long the sea. In this particular situation there is no esplanade linkages bordering onto the application site so the creation of any esplanade would be isolated and only attained by water access. (ii) the extent to which the proposed activity generates those adverse effects which the particular contribution provides for the mitigation or remediation of; The application does not create any effects beyond the property boundary nor to the extent that an esplanade is required to mitigate the effects of the application. The application has not physical effects and only relates to allowing the sale of one cross lease independent from the other. (iii) the extent to which measures, either on-site or elsewhere, are proposed or provided which achieve the purpose of the particular contribution (in perpetuity); Given the particular circumstances it is not considered appropriate nor warranted to institute any measures to achieve the purpose of enabling access along the sea. (iv) the history of previous financial contributions related to the site, including the amount

40 of and reason for any previous contributions; and As noted paragraphs above Council has been consistent in not requiring an esplanade where a cross lease subdivision is involved. There have been a number of opportunities that would have allowed Council to have imposed a requirement for an esplanade however it has determined this is not required. To seek an esplanade on this application is inconsistent with the manner in which Council has consistently applied its consideration of this factor. (v) the extent to which any charge is fair and reasonable. The application is not presenting a different set of circumstances which differentiate it from the previous cross lease applications. To that end it would not be fair and reasonable to take a different position and require an esplanade Based upon the above comments under the heading Esplanade Consideration it is considered that it would be inconsistent for Council to now require an esplanade in respect of this application. This is supported in consideration of the applicable Objectives and Policies which relate to the provision of access too and along the coast. This being contained within Chapter Chapter Chapter 12.7 is the relevant section within the District Plan. The relevant matters are presented below In relation to the Context the following is stated - Lakes, Rivers, Wetlands and the Coastline Public access to the margins of rivers, lakes and the coastline is highly sought after. In particular, tangata whenua have an interest in gaining access, via traditional paths, to food-gathering areas. Also, there is considerable demand for residential properties with beach frontage and/or sea views, especially along the eastern coastline. As a result, subdivision offers many opportunities to acquire riparian margins and to secure public access where appropriate. This includes the opportunity to have unformed legal road vested as esplanade reserve. However, it will not always be wise to facilitate public access because of conservation, amenity, landscape, heritage, cultural and spiritual values, or topography or safety reasons. In such cases, public acquisition of the riparian margins may be justified in order to protect and preserve those special values The relevant expected applicable outcomes listed within the District Plan for the Lakes, Rivers, Wetlands and Coastline chapter are: Riparian margins are enhanced. Enhanced public access to and along lakes, rivers and the coastal marine area It follows from the above that the Plan recognises that protection and enhancement of water resources is a key issue in the Far North District. The objectives and policies for the Lakes, Rivers, Wetlands and coastline Chapter, are considered in

41 the Table 11 below. Table 11 Objectives and Policies for the Lakes, Rivers, Wetlands and the Coastline Chapter OBJECTIVE OR POLICY OBJECTIVES To avoid, remedy or mitigate the adverse effects of subdivision, use and development on riparian margins. To protect the natural, cultural, heritage and landscape values and to promote the protection of the amenity and spiritual values associated with the margins of lakes, rivers and indigenous wetlands and the coastal environment, from the adverse effects of land use activities, through proactive restoration/rehabilitation/revegetation. To secure public access (including access by Maori to places of special value such as waahi tapu, tauranga waka, mahinga kai, mahinga mataitai, mahinga waimoana and taonga raranga) to and along the coastal marine area, lakes and rivers, consistent with Chapter 14 - Financial Contributions, to the extent that this is compatible with: (a) the maintenance of the life-supporting capacity of the waterbody, water quality, aquatic habitats, and (b) the protection of natural character, amenity, cultural heritage, landscape and spiritual values; and (c) the protection of public health and safety; and (d) the maintenance and security of authorised activities (but acknowledging that loss of privacy or fear of trespass are not valid reasons for precluding access). In some circumstances public acquisition of riparian margins may be required and managed for purposes other than public access, for example to protect significant habitats, waahi tapu or historic sites, or for public recreation purposes. To provide for the use of the surface of lakes and rivers to the extent that this is compatible with the maintenance of the life supporting capacity of the water body, water quality, aquatic habitats, and the protection of natural character, amenity, cultural heritage, landscape and spiritual values. To avoid the adverse effects from inappropriate use and development of the margins of lakes, rivers, indigenous wetlands and the coastline. PERFORMANCE OF PROPOSAL The subdivision will have no effect upon the coastal riparian margins. The subdivision has no effect upon the natural, cultural, heritage and landscape values along the margin of the sea as these matters would have been assessed within the underlying approvals. As previously noted the application site does not adjoin the coast which is a prerequisite before an esplanade can be considered. N/A The application is not creating any effects beyond the property boundary.

42 POLICIES To protect areas of indigenous riparian vegetation: (a) physically, by fencing, planting and pest and weed control; and (b) legally, as esplanade reserves/strips. To create, enhance and restore riparian margins. That the effects of activities which will be generated by new structures on or adjacent to the surface of lakes, rivers and coastal margins be taken into account when assessing applications. That land use activities improve or enhance water quality, for example by separating land use activities from lakes, rivers, indigenous wetlands and the coastline, and retaining riparian vegetation as buffer strips. That adverse effects of land use activities on the natural character and functioning of riparian margins and indigenous wetlands be avoided. That adverse effects of activities on the surface of lakes and rivers in respect of noise, visual amenity of the water body, life supporting capacity of aquatic habitats, onshore activities, the natural character of the water body or surrounding area, water quality and Maori cultural values, are avoided, remedied or mitigated. That activities which have a functional relationship with waterbodies or the coastal marine area be provided for. That public access to and along lakes, rivers and the coastline be provided as a consequence of development or as a result of Council (see Method ) or pubic initiatives except where it is necessary to restrict access or to place limits on the type of access, so as to: (a) protect areas of significant indigenous vegetation and/or significant habitats of indigenous fauna or (b) protect cultural values, including Maori culture and traditions; or (c) protect public health and safety; to the extent that is consistent with policies in Chapter 14. That any adverse effects on the quality of public drinking water supplies from land use activities, be avoided, remedied or mitigated. (Refer to Commentary and Methods and ) That the Council acquire esplanade reserves, esplanade strips and access strips in accordance with Chapter 14 - Financial Contributions and Method of the Plan. This is not appropriate nor warranted. This is not considered as being required nor appropriate. N/A N/A N/A N/A N/A Public access to the foreshore should not be encouraged due to the presence of a number of threatened species identified within the RPS Natural Landscape assessment. N/A An esplanade is not appropriate when assessed under Chapter 14.

43 That riparian areas in Council ownership be managed so as to protect and enhance the water quality of surface waters. That historic buildings erected close to, or over, water bodies be protected and provision be made for new buildings where this form of development is in keeping with the historic pattern of settlement. That the extent of impervious surfaces be limited so as to restore, enhance and protect the natural character, and water quantity and quality of lakes, rivers, wetlands and the coastline. That provision be made to exempt activities on commercial or industrial sites from the need to be set back from the coastal marine area, and from the need to provide esplanade reserves on subdivision or development, where the location of the commercial or industrial site is such as to be particularly suited to activities that cross the land-water interface, or have a close relationship to activities conducted in the coastal marine area. Refer also to Rule That provision be made to exempt activities on particular sites as identified in the District Plan Maps as adjacent to an MEA from the need to be set back from the coastal marine area where those activities on that site have a functional relationship with marine activities and cross the line of Mean High Water Springs (MHWS) That the efficient use of water and water conservation be encouraged. To encourage the integrated protection and enhancement of riparian and coastal margins through: (a) planting and/or regeneration of indigenous vegetation; (b) pest and weed control; (c) control (including, where appropriate, exclusion) of vehicles, pets and stock. Note: The Regional Coastal Plan for Northland and Regional Water and Soil Plan for Northland contain policies, rules and other methods to protect and enhance wetlands, lakes, rivers and the coastal marine area. Vehicle, pet and stock control is particularly important in areas and at times when birds are nesting. N/A N/A N/A N/A N/a N/A N/A To summarise, the proposal is considered to give effect to the objectives and policies for the Lakes, Rivers, Wetlands and Coastline chapter. Rule (a)(i) In concluding this aspect of the Esplanade Considerations it is appropriate to examine to ability for Council to consider any esplanade provision. Rule

44 (a)(i) is applicable and states (a) The Council will require a financial contribution of an esplanade reserve or strip in the following circumstances: (i) where lots less than 4ha in area are created along the edge of the coastal marine area, or along the bank of any river with a bed having an average width of 3m or more, or along the margin of any lake whose bed has an area of 8ha or more an esplanade reserve or strip will be required; [ Underlining added ] In terms of the District Plan site as it relates to Cross Lease, this is defined under Chapter 3 in terms of (b) (ii) below Based upon this definition, the site as it applies to Areas 2 and 3, is that wholly contained within Covenant Area B. It does not include the Common Area which adjoins the coast. This is confirmed on DP whereupon it specifically states that Covenant Area B is exclusively restricted to Areas 2 & 3 and that no exclusive rights are applied to the Common Area along the foreshore This analysis reveals the application does not involve the creation of a lot created along the edge of the coastal marine area. Council is therefore unable to apply the consideration of an esplanade Overall taking into account the comments and analysis under the heading Esplanade Consideration it is considered that it would be inconsistent for Council to now require an esplanade in respect of this application. 8.0 ASSESSMENT OF SECTION 104D MATTERS In considering the application Council is required to assess the two limbs of Section 104D. Environmental Effects 8.1 Potential effects on the environment have been considered in the Assessment of Environmental Effects with the conclusion that these are de minimis and less than minor. Provisions of District Plan 8.2 The objectives and policies of the DP have been analysed above with the conclusion that the proposal is compatible with and gives effect to the objectives

45 and policies of the DP in respect of the Coastal Environment, the General Coastal Zone, the Lakes, Rivers, Wetlands and Coastline Chapter and Subdivision Chapter within the context of the existing cross lease site and land use pattern in the locality. 8.3 With regard to the purpose and principles of the Resource Management Act 1991, the following considerations are of relevance to this application. 8.4 The proposal is considered to attain the overall purpose of the Act as described in s.5 of the Resource Management Act in that it provides for sustainable management of the natural and physical resources of the property. 8.5 The purpose of the RMA as stated in section 5 of the Act is the sustainable management of natural and physical resources through managing their use, development and protection in a way that enables people and communities to provide for their social, cultural and economic well-being while sustaining those resources for future generations, protecting the life supporting capacity of ecosystems, and avoiding, remedying or mitigating adverse effects on the environment. 8.6 The proposal is considered to attain the overall purpose described above. The resources of the site are managed to provide for the well-being of both the present and future land owners through enabling the use of the property while avoiding any adverse effects on the environment. 8.7 The Section 6 matters as applicable are not compromised by the application. The application has no effect upon the natural character (a) by reason all built form and site development works have been completed and there is no change to existing environment. The activity has no effect upon the landscape values ( b) and any indigenous vegetation or habitat in terms of (c). 8.8 The Section 7 items of relevance include efficient use and development of natural and physical resources, maintenance and enhancement of amenity and the overall quality of the environment. All of these factors are considered to be attained by the application as discussed in the AEE and the assessment of the relevant objectives and policies. In summary the environment what currently exists will be the same upon a grant of approval. 8.9 In relation to Section 8 this is not considered relevant to this application as no sites in this area have been identified in the DP as being of Cultural Significance to Maori In summary, it is considered that the proposal sustains the obligatory outcomes of the provisions of Part II of the Act in respect of the following: sustainable management; amenity; efficient use and development; and quality of the environment The above conclusions means that under the statutory tests of section 104D of

46 the Resource Management Act, Council is able to consider granting consent. The proposal has also been assessed as meeting the requirements of the RMA in respect of the provisions of section 104 evaluated in conjunction with Part II matters. 9.0 CONCLUSIONS 9.1 This application consists of a subdivision proposal to enable an existing cross lease site to be sold independent of another cross lease area both of what are presently held in the one computer register title. The application is a noncomplying activity under the provisions of the Far North District Plan. 9.2 The proposal has been assessed against the statutory tests of section 104D with the conclusion that it can meet both of the tests. As only one of the tests needs to be satisfied before consent can be granted, Council is able to consider the application under section The analysis of the provisions of section 104 concluded that the actual and potential effects of approving the application would be negligible and less than minor, the proposal is not contrary to the relevant higher order statutory documents, and the provisions of the District Plan were achieved by the application. 9.4 On this basis council can consider and grant the application and a favourable decision is therefore sought.

47 Table 12 Requirements for Assessment of Environmental Effects Fourth Schedule Status Fourth Schedule Items Comments 2 (1) Information required in all applications a) a description of proposal. Refer to above paragraphs. (b) a description of the site at which the activity is to occur: Refer to paragraphs above. (c) the full name and address of each owner or occupier of the site: Refer to the Form 9. d) a description of any other activities that are part of the proposal to which the application relates e) a description of any other resource consents required for the proposal to which the application relates The subdivision is not the subject of other activities. No other resource consents area required for the activity. 2(2) An assessment against f) an assessment of the activity against the matters set out in Part 2 g) an assessment of the activity against any relevant provisions of a document referred to in section 104(1)(b). a) any relevant objectives, policies, or rules in a document; b) any relevant requirements, conditions, or permissions in any rules in a document; and Refer to Table below. For the purposes of this application the relevant provisions relate to the following documents NZCPS, Northland Regional Council Regional Policy Statement; Far North District Council District Plan. Refer to assessment below. N/a. c) any other relevant requirements in a document (for example, in a national environmental standard or other regulations). N/a. 2(3) An assessment of the activities effects on the environment that 3 Additional information required in some applications a) includes the information required by clause 6; All matters within Clause 6 are embodied within the application documents. b) addresses the matters specified in clause 7; All matters within Clause 7 are embodied within the application documents. c) includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. a) if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1)): The application includes detail which addresses the effects of the activity on the environment.

48 Fourth Schedule Status Fourth Schedule Items b) if the application is affected by section 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)): c) if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)). Comments Not applicable. Not applicable. 4 Additional information required in application for subdivision consent An application for a subdivision consent must also include information that adequately defines the following: a) the position of all new boundaries: Refer to the Scheme Plan. b)the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan c)the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips: d)the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: e)the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A: f)the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A): g) the locations and areas of land to be set aside as new roads. Refer to the Scheme Plan. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. 5 Additional information required in application for reclamation 6 Information required in assessment of environmental effects An application for a resource consent for reclamation must also include information to show the area to be reclaimed, including the following: a) the location of the area: Not applicable. b) if practicable, the position of all new boundaries: Not applicable. c)any part of the area to be set aside as an esplanade reserve or esplanade strip. Not applicable. 1) An assessment of the activity's effects on the environment must include the following information: a) if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: b) an assessment of the actual or potential effect on the environment of the activity: The subdivision consent is not considered to result in any effect. The application is about enabling the sale of one cross lease area independent of the other wherein no site development work is required. Refer to Table below.

49 Fourth Schedule Status Fourth Schedule Items c) if the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment that are likely to arise from such use: Comments Such matters are not present on the site. d) if the activity includes the discharge of any contaminant, a description of i) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (ii) any possible alternative methods of discharge, including discharge into any other receiving environment: e) a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect: The subdivision of the land does not require discharges of this nature. Mitigation measures of this nature are not considered necessary for this application. f) identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted: The applicant has been in consultation with the adjoining land owners. g) if the scale and significance of the activity's effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved: No monitoring is considered applicable or warranted. h) if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group). The property does not have any customary rights. 2) A requirement to include information in the assessment of environmental effects is subject to the provisions of any policy statement or plan. 3) To avoid doubt, subclause (1)(f) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not (a) oblige the applicant to consult any person; or (b) create any ground for expecting that the applicant will consult any person. 7 Matters that must be addressed by assessment of environmental effects 1) An assessment of the activity's effects on the environment must address the following matters: a) any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects: b) any physical effect on the locality, including any landscape and visual effects: c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: These factors are embodied within the AEE. The subdivision does not alter the physical characteristics of the application site. The application does not affect plants, animals or habitats. The application site is not known to contain any of these features.

50 Fourth Schedule Status Fourth Schedule Items e) any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations. Comments Other than the disposal of waste water to ground from the existing dwelling no other discharge of contaminate is on the property. Activities of this nature do not apply to the application site. 2) The requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

51 PART B Variation of Land Use Consent Resource Consent Number RMALUC PROPOSED VARIATION OF CONDITIONS 1.0 INTRODUCTION 1.1 In conjunction with and for completeness our client seeks to vary a condition of the existing resource consent in a manner which enables two existing residential buildings to be used as single residential units. The Area 2 is currently authorised for travellers accommodation in terms of The Retreat and Area 3 is approved as caretakers cottage associated with The Retreat. Whilst both approvals are permissive and not mandatory this application seeks to remove any ambiguity as to the use of the two buildings by reason the operation of The Retreat will cease as well as the two Cross Lease Areas are separated as sought in Part A. 2.0 SITE AND LOCALITY DESCRIPTION 2.1 The site and locality are detailed within Part A. 3.0 VARIATION OF CONDITIONS AND ACTIVITIES 3.1 Our client seeks to amend two of the conditions of consent in terms of allowing the two buildings to be used as single residential units in isolation to the other. It is moot that while the approval covers the ability for the two buildings to be used as travellers accommodation and a caretakers cottage the approval is silent in relation to the closure of the travellers accommodation which by implication negates the ability to use the other unit as a caretakers cottage. 3.2 The proposed change in condition does not remove the remaining conditions of the land use consent as they relate to the provision of the services and maintenance of the landscaping. This will require the consent holder to continue to give effect to those conditions and cannot remove the features which have been established. All of those conditions have been monitored by Council and noted as achieving compliance. 3.3 The applicants will however be seeking via a subsequent consent application, to remove the two top floors of The Retreat wherein lower the roof line by 3.5m with slight increase on the ground floor area to compensate.

52 4.0 APPLICATION STATUS 4.1 The variation of a condition of a resource consent under s.127 of the Act is deemed to be a Discretionary Activity in accordance with the Act, and is processed as a resource consent. Assessment of an application is limited however to the changes in the conditions sought, and the effects if any therefrom. 5.0 SECTION VARIATION OF CONDITIONS. 5.1 The Act provides for the change of a consent condition at the request of the consent holder and that such a request is deemed to be considered a discretionary activity. More particularly the Act reads as follows (1)The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following: (a)the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 for a variation or cancellation of a consent notice after the deposit of the survey plan); and (b)no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent. (2)[Repealed] (3)Sections 88 to 121 apply, with all necessary modifications, as if (a)the application were an application for a resource consent for a discretionary activity; and (b)the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively. (3A)If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision. (4)For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who (a) made a submission on the original application; and (b) may be affected by the change or cancellation. 6.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS 6.1 As required by section 88 of the Act, an application for resource consent

53 must contain an Assessment of Environmental Effects prepared in accordance with the Fourth Schedule. The effects considered are only those applicable to the changes of conditions being sought in this application. 6.2 The following Table therefore sets out the requirements for an Assessment of Environmental Effects as listed in the Fourth Schedule to the Resource Management Act. Fourth Schedule Requirements FOURTH SCHEDULE REFERENCE & REQUIREMENTS COMMENTS & PAGE/PARAGRAPH REFERENCE 2 (1) Information required in all applications: a) a description of the activity: Previously described within Part A. (b) a description of the site at which the activity is to occur: (c) the full name and address of each owner or occupier of the site: d) a description of any other activities that are part of the proposal to which the application relates e) a description of any other resource consents required for the proposal to which the application relates f) an assessment of the activity against the matters set out in Part 2 g) an assessment of the activity against any relevant provisions of a document referred to in section 104(1)(b). Previously described within Part A. Refer to the Form 10 above. N/a. Previously described within Part A. This is provided within the following under separate headings. The relevant documents have been identified in 2(2) a) below. 2(2) Assessment under 2 (1) (g) against: a) any relevant objectives, policies, or rules in a document; b) any relevant requirements, conditions, or permissions in any rules in a document; and c) any other relevant requirements in a document (for example, in a national environmental standard or other regulations). Previously described within Part A. Not applicable None are known. 2(3) An assessment of the activity s effects on the environment that: a) includes the information required by clause 6; Refer to separate heading below. b) addresses the matters specified in clause 7; Refer to separate heading below. c) includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. 3 Additional information required in some applications: a) if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1)): The application does not involve a Permitted Activity.

54 FOURTH SCHEDULE REFERENCE & REQUIREMENTS b) if the application is affected by section 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)): c) if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)). COMMENTS & PAGE/PARAGRAPH REFERENCE Not applicable. Not applicable. 4 Additional information required in application for subdivision consent: Not applicable. 5 Additional information required in application for reclamation: Not applicable. 6 Information required in assessment of environmental effects: 1) An assessment of the activity's effects on the environment must include the following information: Items (a) to (h) Items (a) to (h) are included in the Assessment of Environmental Effects defined within the Assessment Criteria. 7 Matters that must be addressed by assessment of environmental effects: 1) An assessment of the activity's effects on the environment must address the following matters: Items (a) to (f) Items (a) to (f) are included in the Assessment of Environmental Effects defined within the Assessment Criteria. 7.0 CLAUSES 6 & 7 - ENVIRONMENTAL EFFECTS 7.1 The following assessment addresses the matters listed in Clauses 6 and 7 of the revised Fourth Schedule to the Act. Where appropriate, reference is made to other sections of this report for the provision of details on the application. Clause 6, Information Required in Assessment of Environmental Effects Item (a) If it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: No significant adverse effects are anticipated to arise from changing the conditions of consent. Item (b) An assessment of the actual or potential effect on the environment of the proposed activity:

55 The Act requires that an AEE assess environmental effects includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. Furthermore, when considering an application under the tests of section 104, Council may disregard any effect on the environment if the plan permits an activity with that effect. To that end this assessment is centred on those effects which may arise in the change of the consent condition namely removing the requirement for The Retreat to be used for travellers accommodation and the use of the second dwelling as a caretakers cottage. The ability to use either building as a single residential unit has no effect on the environment. The existing activities create no different effects from that which would evolve through using the two buildings for residential use independent of each other. In addition surrendering the land use consent for The Retreat this will remove the large number of guest vehicles accessing the property. It will also reduce the consumption of water and corresponding production of waste water. These are all positive effects upon the environment. Item (c) If the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment that are likely to arise from such use: This is not relevant. Item (d) If the activity includes the discharge of any contaminant, a description of - (i) The nature of the discharge and the sensitivity of the proposed receiving environment to adverse effects; and (ii) Any possible alternative methods of discharge, including discharge into any other receiving environment: Item (e) N/a. A description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect: Item (f) This is not required. Identification of the persons affected by the proposal, the consultation undertaken, if any, and any

56 response to the views of any person consulted. Item (g) Consultation with the Department of Conservation has been undertaken as they were a party to the application process. Two other parties supported the land use consent and no consultation has been undertaken with these parties. The applicant has also consulted with the adjoining land owners. If the scale or significance of the activity s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved: Item (h) Monitoring the condition is not required. If the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group). This is not known to affect the application. Clause 7, Matters that must be Addressed by Assessment of Environmental Effects Item (a) Any effect on those in the neighbourhood and, where relevant, the wider community including any social, economic or cultural effects: Item (b) The proposal is not considered to have any adverse effect on those in the neighbourhood given the scale of the activity. Any physical effect on the locality, including any landscape and visual effects: Item (c) The application will not result in any visual change. The applicant will however increase the area of landscaping within the Covenant Area B and would agree to a condition of this nature being applied. Any effects on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: The potential effects on such values is not considered to be altered through the variation.

57 Item (d) Any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: Item (e) The application in not known to have an effect upon these matters. Any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: N/a. Item (f) Any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of any hazardous substances or hazardous installations: N/a. Summary Based on the above assessment, the actual environmental effects arising from the proposed changes to the conditions are considered to be less than minor. 8.0 STATUTORY ASSESSMENT 8.1 Taking Section 127 into account the following analysis in support of the request is provided. Section 127(1) 8.2 In terms of subsection (1) the particular conditions are identified as follows with an explanation of the reason for the changes being sought. Subsection (a) and (b) do not apply to this application 8.3 The application relates to the following specific conditions of the resource consent: Conditions 5 and 6

58 8.4 The proposed change is as follows: That an additional condition 6a be added as follows 6a Conditions 5 and 6 do not preclude the use of the existing buildings as independent self contained residential units in the event the dwellings are not used to provide commercial guest accommodation or care takers cottage. Section 127(3)(a) and (b) and (4) 8.5 The Act establishes that a request under Section 127 is deemed to be discretionary activity and Section 88 to 121 apply with the necessary modifications. Additionally in considering the request to change the condition Council is limited to only considering what is being sought within the condition change and the effects there from. 8.6 The original resource consent application was the subject of a publicly notified process with three submissions being received. Mr and Mrs Corbin supported the application and the DOC did not support the application. The decision was not the subject of any appeal. Consultation has been undertaken with the Department. 8.7 In terms of the effects created by this variation it is considered that there are no changes in effect from those which may exist at present. The properties remain the same as they are now. The removal of The Retreat use would reduce the traffic movements and presence of guests coming and going from the property. The caretakers cottage would still be used as s single residential unit. 8.8 Taking these factors into account it is considered that the change in the consent condition has less than minor effects. Application process 8.9 Council retains the discretion on determining whether or not a discretionary activity should be notified. In determining this factor it is the change in the effects of the consent conditions which are assessed against any possible adverse effects upon any person The Act also requires Council to consider the effect of the change against

59 those persons who lodged a submission to the original application. In this case the original consent was processed under a notified application with the Department not supporting with two other parties supporting the application. The decision was without any appeal This aspect requires Council to assess if the effects of the condition change would have an adverse effect upon any of the submitters. In this regard it is difficult to determine what the effects would be on those parties taking into account the facilities on the property. As such it is considered these parties are not adversely affected by what is contained in this application The change of the condition would not in our opinion create any adverse effects. It is also considered the consent condition change does not create effects of a nature that would necessitate involving any third party. The application site and its current activities are part of this environment and form the baseline of activities being undertaken Overall it is considered that the application to change the condition can be processed without notification and it need not require any additional written approval of any party. It is considered that Council can approve the Request as presented. Objectives, Policies and Rules 8.15 The variation is to be assessed as a Discretionary Activity as if it was a resource consent. Section 104D requires the consideration of any relevant objectives and policies in addition to the effects of the activity These factors are considered to have been addressed under Part A of the application. 9.0 CONCLUSIONS 9.1 The proposal has been assessed against the provisions applicable to a discretionary activity in the District Plan with the conclusion that these can be met. It is therefore considered that Council can grant consent to the proposed variation as the other conditions of consent will continue to apply. 9.2 The Assessment of Environmental Effects concluded that the effects of the proposed changes would be less than minor. 9.3 The application has also been assessed as not being in conflict with the statutory provisions of the Act in respect of section 127, the assessment of discretionary activities under section 104 and the overall purpose of the Act as contained in Part II. The application is therefore considered to pass the statutory tests of the RMA.

60 9.4 As effects on the environment were assessed as being less than minor, no persons are considered to be adversely affected. On this basis the application can be processed without public or limited notification. We therefore look forward to a favourable response from Council. Jeff Kemp MNZPI.

61 CERTIFICATE OF TITLE APPENDIX A

62 PLAN OF SUBDIVISION APPENDIX B

63 COMPOSITE COMPUTER REGISTER UNDER LAND TRANSFER ACT 1952 Search Copy North Auckland Identifier Land Registration District Date Issued 26 March 2013 Prior References NA83C/997 NA83D/45 Estate Fee Simple - 1/3 share Area hectares more or less Legal Description Lot 1 Deposited Plan Proprietors Richard Netterville Barron, Caroline Barron and Robert Nathan Kale Estate Leasehold Instrument L Term 989 years commencing on Legal Description Area 2-3 Deposited Plan Proprietors Richard Netterville Barron, Caroline Barron and Robert Nathan Kale Interests Appurtenant hereto is a right of way specified in Easement Certificate B at 1:32 pm(affects Fee Simple) Subject to a right of way over parts marked E and F on DP created by Transfer B at 10:00 am(affects Fee Simple) C Lease of Flat 1 DP Term 999 years as from commencing on 16th June 1992 Composite CT NA83D/45 issued - produced at pm and entered at 1.40 pm(affects Fee Simple) C Lease of Shed 2 DP Term 999 years as from commencing on 16th June 1992 Composite CT NA83C/997 issued - produced at pm and entered at 1.40 pm(affects Fee Simple) Variation of Lease C at 9:09 am Variation of Lease C at 9:09 am Lease of Area 2-3 Deposited Plan Term 989 years commencing on Composite CT issued at 9:09 am(affects Fee Simple) Subject to Section 241(2) Resource Management Act 1991(See DP ) Mortgage to ASB Bank Limited at 9:09 am Mortgage to Richard Netterville Barron, Caroline Barron and Robert Nathan Kale at 9:09 am Transaction Id Client Reference nfaulkner001 Search Copy Dated 23/04/18 5:47 pm, Page 1 of 1 Register Only